Hollywood Online Casino

1. Introduction HollywoodCasino.com provides customers with the ability to create, access, and use interactive gaming accounts (each an “Account”). Accounts are intended for personal use only and only by individuals who satisfy the eligibility requirements relating to physical location, age, and other criteria in Section 3. Please read these Terms of Service closely for additional restrictions on your use of an Account for any interactive gaming. This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “User”) and Mountainview Thoroughbred Racing Association, LLC (“Licensee”), Penn Online Entertainment, LLC (“Service Provider”), and their respective parents, subsidiaries, affiliates, members, developers, and partners (collectively, “the Company”, “we”, or “us”). Licensee holds a license issued by the Pennsylvania Gaming Control Board (the “Board”) that authorizes Licensee to conduct interactive gaming with eligible and registered individuals physically located in the Commonwealth of Pennsylvania. This Agreement governs the creation of and access to your Account, the use of your Account for all interactive gaming activities, your access and use of HollywoodCasino.com, and your ability to engage in interactive gaming within HollywoodCasino.com (collectively, the “Services”). As used herein, “HollywoodCasino.com” shall include all related web pages, interactive features, applications, widgets, blogs, call center, and mobile applications, and their respective contents, whether accessed via computer, mobile device, or other technology. By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time (including, without limitation, all posted rules and requirements for each individual wagering game such as the rules of poker). All such guidelines or policies are hereby incorporated by reference into this Agreement and you agree to abide by such guidelines or policies as in effect from time-to-time. Moreover, the availability of the Services and your Account are subject, at all times, to applicable law and regulations in all respects as in effect from time-to-time. NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions that govern how claims you and we have against each other are resolved (see Section 23 below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against the Company to binding arbitration, unless you opt-out in accordance with Section 23 below. 2. Privacy Use of the Services is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy, available by clicking here. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement. 3. Eligibility for the Services By entering into this Agreement, you certify that you are (i) fully able and competent to enter into this Agreement, and (ii) at least twenty-one (21) years of age. In addition, you certify that you are not (iii) on any self-exclusion lists or other exclusion lists where individuals named therein are prohibited from playing in-person or interactive casino or pari-mutuel wagering or (iv) a gaming employee, key employee or principal licensed by the Board. If you are accessing the Services from a mobile device, you also may be required to turn on location services on your mobile device and for the mobile application. You further agree that you will be physically present in person in the Commonwealth of Pennsylvania at all times while wagering on the Services (or in such other U.S. State or territory from which we may permit you to use the Services in the future, in which case such permission shall be posted prominently on the Services). We are required to explicitly advise you that it is a Federal offense for persons physically located outside of this Commonwealth to engage in interactive wagering through the Services unless explicitly authorized by the Board or an interactive gaming reciprocal agreement. Wagering on the Services will also be unavailable within the Commonwealth of Pennsylvania where prohibited by the Board or applicable law. You must and agree to comply, at all times, with all applicable laws, statutes, and regulations in order to be eligible for the Services. We reserve the right to verify your eligibility at any time. We further reserve the right to limit the availability of the Services within Pennsylvania without further notice to you and in our sole discretion. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny you access to the Services, at any time in our sole discretion. Part I – Terms Specific to Interactive Gaming Activities 4. Account Creation You are required to establish an Account and are limited to only one Account in order to take advantage of certain features of the Services, including all interactive gaming. This account is limited to your personal use and may not be accessed by, used by, transferred to, or assigned to any other person. The Account must also be in your own name and not in the name of any other person (living or deceased), a beneficiary, trust, custodian, or entity. When providing information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself requested by the Company and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Company has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you. When establishing your one and only Account, you must: Read and agree to abide by all of the terms and conditions set forth in this Agreement, which will be available to you during the Account creation process; Provide all requested personal information, which may include, without limitation, your full legal name, residential mailing address, email address, at least the last four digits of social security number, date of burth, and phone number; Provide such identification or documentation as may be requested to verify your identity, which may include, without limitation, copies of your driver's license, social security card, or utility bills; Establish the required Account information, as may be required from time-to-time, including a unique username and password, and verify whether you would like to implement strong authentication for your Account; Authorize the Company to use third party services to perform any and all verifications to authenticate your identity, age, date of birth, residence, full nine digit social security number, and other personal and identification information, including (without limitation) services provided by credit reporting agencies; Agree to update your personal information upon any change as soon as possible but in no event later than ten (10) days after such change; Consent to the monitoring and recording of any wagering communications and geographic location information by the Company and/or the Board; Agree to pay all charges posted to your Account for the Services provided under this Agreement; and Acknowledge that false or misleading statements made when establishing an Account may subject you to civil and criminal penalties. If you meet the eligibility criteria and successfully complete the Account creation process, you will become an “Account Holder” subject to all of the terms and conditions applicable to Account Holders under this Agreement. The address you provide shall be deemed the address of record for the purposes of mailing you checks, account withdrawals, notices, and other materials. After you have accepted this Agreement as part of the Account creation, you can revisit and access the terms and conditions by visiting HollywoodCasino.com. 5. Depositing Funds Deposits may not be accepted from financial accounts that are in the name of someone other than the Account Holder. You are solely responsible for any fees and charges, including cash advance fees and charges, assessed to you by your bank, credit card, or other financial service provider from any deposit into your Account. We are not a bank and deposited funds shall not bear any interest. Funds in your Account will be combined with the funds of other Account Holders and placed into pooled accounts with one or more FDIC-insured banks ("Pooled Accounts") separate from any our operating accounts. Balances in U.S. Dollars that are held in Pooled Accounts at one of the banks may be eligible for FDIC pass-through insurance. In the unlikely event that an FDIC-insured bank that holds your funds fails, the total of all of your balances would be subject to FDIC pass-through deposit insurance coverage up to a total of $250,000.00. We reserve the right to deny a deposit at any time, in our sole discretion and with or without notice; refunds may only be granted in our sole discretion. We are not liable for any damages or losses resulting from any delay, denial, or error in processing a deposit. All deposits must be paid in U.S. dollars with funds derived from lawful sources and for which you have the authority to transfer through such methods of deposit as may be authorized by us from time-to-time in our sole discretion, which may include the following: Online or mobile deposit on the Services by Automated Clearing House via electronic funds transfer from a bank account; Online or mobile deposit on the Services by Visa or MasterCard credit or debit cards; Cash deposits via PayNearMe; Online or mobile deposit on the Services via your verified pre-paid account card with Sightline Payments LLC; and Such other options that may become available in the future in our sole discretion. Please note that CASH CANNOT BE ACCEPTED BY MAIL. You are solely responsible for any additional terms, conditions, or fees imposed by the applicable financial institutions or service providers transferring your funds into your Account. You further agree that you will not attempt to reverse, charge-back, block, cancel, or in any way attempt to prevent us from receiving the deposit and you consent to us sharing information with third parties necessary to process your deposit and to perform any background check necessary, in our sole discretion, to ensure that your payment source and method are authorized. Each deposit method may be subject, in our sole discretion, to different (i) fees, (ii) minimum and maximum deposit requirements, (iii) hold periods before the deposit is posted to your Account; and (iv) additional requirements. Such requirements and deposit instructions are available and kept current here. You acknowledge that these requirements and deposit instructions are subject to change from time-to-time without further notice to you and in our sole discretion and agree to abide by all posted requirements and instructions when depositing funds. In the event that you attempt a deposit that does not clear or that is not honored by your financial institution (“Failed Deposit”), the Company may assess a service charge and reserves its right to recover the funds by any appropriate means, including, without limitation, collection agencies. You further agree to be responsible for and hold the Company harmless for any losses, expenses, damages, and costs, including any reasonable attorneys’ fees, incurred by the Company arising out of or related to any Failed Deposit or the Company’s recovery of the funds from the Failed Deposit. 6. Promotions, Bonuses, and Special Offers All promotions, bonuses, or special offers offered to Account Holders on the Services are subject to the express terms of the bonus offered and promotion-specific terms and conditions and any bonus credited to your Account must be used in adherence with such terms and conditions. By accepting a promotion, bonus, or special offer available on the Services, you consent to the terms and conditions of such promotion, bonus, or special offer. We reserve the right to withdraw any promotion, bonus, or special offer at any time. Bonus funds and any winnings derived therefrom are only converted to cash in accordance with the express terms of the bonus offered and the promotion-specific terms and conditions. Bonus funds that have not been converted to cash may be forfeited under circumstances identified in the terms and conditions of a specific promotion, bonus, or special offers. 7. Interactive Gaming Wagers Wagering on the Services is limited under applicable law to Account Holders who are physically located in the Commonwealth of Pennsylvania at the time they are using the Services. Additional geographic restrictions may apply within the Commonwealth of Pennsylvania. If your location cannot be confirmed when you are using the Services, your use of the Services will be limited and you will not be allowed to place any wagers. You further consent to the monitoring and recording by us (or our service providers) and/or by the Board of any wagering communications and geographic location information for determining compliance with applicable legal requirements. Subject to the foregoing paragraph, Account Holders may place wagers in U.S. dollars at interactive games on the Services via the website or mobile application. Account Holders may only wager up to the balance in their Account, or personal limits set by the Account Holder, whichever is lesser. All wagered funds are withdrawn from your Account at the time you place the wager at the interactive game. We reserve the right, at our discretion and without prior notice to you, to cancel or reject any individual wager prior to completing the wagering transaction and/or discontinue, deny, or alter the Services offered without creating any obligation or liability to you. In the event we cancel or reject any particular wager after withdrawing the wagering amount from your Account, we shall promptly refund the wagering amount to your Account. You acknowledge and agree that you shall not utilize automated computerized software or other equivalent mechanisms, such as “bots,” to engage in interactive gaming or otherwise use the Services. 8. Errors; Loss of Connection You agree to inform us as soon as you become aware of any Errors (as defined below) with respect to your Account. A malfunction voids all pays. In the event of any such error or system failure or game error (a divergence from the normal functioning of the game logic) that results in an error in any odds calculation, charges, fees, rake, bonuses, or payout (“Error”), the Company will seek to place all parties directly affected in the position they were in before the error occurred. Subject to compliance with applicable law regarding completed wagering transactions, we reserve the right to declare null and void any wagers that were subject of such Error and to take any money from your Account relating to the relevant wagers. If there are insufficient funds in your Account, we may demand that you pay us the relevant outstanding amount relating to the null and void wagers. In the event that you are disconnected from the Services during game play, you will be required to log back into your Account to resume game play, check balances, or otherwise use the Services. The result of any unfinished game play that you initiated prior to being disconnected from the Services will be subject to the specific rules of the applicable game, which may allow the game to remain in an unfinished state for a specified period (until you log back in or the period expires) or to be completed while you are disconnected in circumstances in which no further action or wager is required. Results of any game play that you initiated prior to being disconnected (including any winnings, losses or refunds) will be made available in your transactions history and will be reflected in the available funds in your Account. In certain circumstances, if your disconnection from the Services prevails longer than the specified period in the game rules, it may take us longer in closing off unfinished sessions. Your available balance may show an adjustment as a result of this with the details made available in your transactions history. In the event of any conflict between the specific game rules and these generally applicable terms, the specific game rules shall govern. 9. Fraudulent Activities; Prohibited Transactions If, in our sole determination, you are found to have cheated, colluded with any other User or Users, engaged in any fraudulent or unlawful activity, or otherwise attempted to defraud us or other Users, including, without limitation, by means of game manipulation, payment fraud (including use of stolen credit cards, chargebacks or other payment reversals), betting on all possible outcomes, concealing your physical location, or money laundering, or if we suspect you of any of the foregoing or if your deposits failed to be honored by your bank for any reason, the Company has the right, in its sole discretion, to suspend or close your Account, void and withhold any or all winnings from such activities, void and withhold any player ratings (including, without limitation, myChoice Points), and/or recover winnings or debts from such activities using whichever method may lawfully be available to the Company. In addition, we reserve the right to report such activity to the Board for further investigation. Recovery methods may include, but are not limited to, debiting the amount owed by you from your Account and/or instructing third-party collections agencies to collect the debt. This may have a detrimental impact on your credit rating and will require the Company to share your personal information, including your identity, with the appropriate agencies, and to report any criminal or suspicious activity to the appropriate authorities. 10. Withdrawing Funds All withdrawals of cash balances in your Account are paid out in U.S. dollars through such methods of withdrawal as may be authorized by us from time-to-time in our sole discretion, which may include the following: Online or mobile withdrawal on the Services by Global Payments Inc. via their VIP Preferred ACH electronic funds transfer to a bank account; Online or mobile request for a check request made payable to the account holder's name and sent to the address of record; Online or mobile withdrawal on the Services via your verified pre-paid account card with Sightline Payments LLC; and Such other options that may become available in the future in our sole discretion. All withdrawals will be processed within approximately five (5) business days of the withdrawal request with the funds from your Account available as promptly as possible in accordance with the applicable withdrawal method. Each withdrawal may be subject, in our sole discretion, to different (i) minimum and maximum withdrawal requirements, (ii) hold periods before the withdrawal is posted to your Account; and (iii) additional requirements. Such requirements and withdrawal instructions are available and kept current here. Bonus funds that have not been converted to cash in accordance with the applicable bonus and promotion terms may not be withdrawn from your Account. You acknowledge that these requirements and withdrawal instructions are subject to change from time-to-time without further notice to you and in our sole discretion and agree to abide by all posted requirements and instructions. 11. Method of Obtaining Account and Game History A statement of your account detailing your Account and game history can be obtained by logging into your Account and clicking on the “MY ACCOUNT” section and then clicking on the “TRANSACTION DETAILS” link. 12. Tax Reporting and Withholding Your use of the Services is subject to compliance with applicable U.S. tax reporting and withholding laws as in effect from time-to-time. You acknowledge and agree that the Company must and is hereby authorized to report and/or withhold your winnings in accordance with U.S. tax reporting and withholding laws as in effect from time-to-time. All winnings subject to reporting and/or withholding may be reported and/or withheld by the Company and a copy of the W-2G Form (or such other form provided by the U.S. Internal Revenue Service for this purpose) summarizing the information may be issued by the Company for tax purposes no later than when required by applicable law. You hereby irrevocably authorize us to file all required reports regarding your wagering activities with the U.S. Internal Revenue Service and any other applicable taxing authority. In addition to any withholding by us, you may be subject to additional income withholding requirements based on the applicable law in your state of residency. You are solely responsible for any taxes incurred in connection with winnings on the Services. You agree to indemnify and hold harmless the Company for any claims, demands, liens, or judgments based on your non-payment or underpayment of such taxes. You hereby grant to the Company a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority’s claims or liens. 13. Account Security and Account Holder Responsibilities You are prohibited from placing wagers on behalf of another person or allowing any other person to place wagers from or otherwise use your Account. You acknowledge that allowing another person, particularly a person who is under twenty-one (21) years of age, to participate in interactive gaming is a criminal offense, and any person who does so may be prohibited from interactive gaming in the Commonwealth of Pennsylvania (among other potential penalties). In addition, you must protect the confidentiality and security of your Account, including, without limitation, your username and password and you further agree to safeguard your Account from any unauthorized use by other individuals. You must immediately notify the Company of any unauthorized use of your Account or any other breach of security by contacting Customer Service. To protect the security of your Account, you must log-out of your Account at the end of each online and mobile session. After fifteen (15) minutes of inactivity (or such other period of inactivity as may be in effect from time-to-time), you will be automatically logged out and will need to re-enter your username and password to resume using of the Services. Failure to re-enter your login credentials will result in the system automatically logging you out after you have been inactive or in “away from computer” status for thirty (30) minutes. In order to protect your Account from unauthorized access, repeated attempts to access an Account with incorrect log in information may result in your Account being locked. To unlock your Account you will need to contact Customer Service. For your protection, do not disclose your username or password to anyone. Without limiting the foregoing, you are responsible for all wagers transmitted from your Account. Funds withdrawn from your Account for any such wagering will not be refunded to your Account, including wagers resulting from unauthorized use of your Account prior to your taking steps to prevent such occurrence (i.e. by notifying the Company and changing your log-in information). The Company and its Affiliated Parties (as defined in Section 21) are not liable for any loss or damage arising from your failure to comply with this Section. Account Holders may change or reset their password by calling Customer Service and verifying their identity. In addition, passwords may be changed or reset on the Services. 14. Closure of Accounts Simply deleting the mobile application on your mobile device will not close your Account. Instead, you may close your Account by calling Customer Service at the phone number listed in Section 30 and any funds remaining in an Account when you contact Customer Service to close your Account will be remitted to you. In the event an Account Holder is deceased, funds in the Account Holder’s account will be released to the decedent’s duly authorized representative upon receiving a copy of a valid death certificate and other documents as may be required. Your Account becomes inactive if your Account remains dormant without the Account Holder logging in for one (1) full calendar year (an “Inactive Account”). We reserve the right to close or suspend Inactive Accounts. Any funds remaining on deposit and any pending wagers shall be treated as provided by applicable regulations, which may include reporting the funds as abandoned and remitting the funds to the Pennsylvania Treasury, Bureau of Abandoned and Unclaimed Property or such other agency as may be applicable. We will attempt to contact you with the contact information in your Account by mail or email to inform you that your Inactive Account is subject to termination. We may limit, terminate, or suspend use of Accounts in our sole discretion, or if you violate any term of this Agreement, if you file for bankruptcy, or as may be required by state or federal law. 15. Self-Exclusion and Self-Suspension If you or someone you know has a gambling problem, call 1-800-GAMBLER. Individuals may choose to set responsible gaming limits, suspend their Accounts for no less than seventy-two (72) hours, or exclude themselves from establishing or maintaining an Account on the Services. To request placement on the Board’s interactive gaming self-exclusion list, an individual must submit a completed Request for Voluntary Self-Exclusion from Interactive Gaming form on the Board’s website. A person who has enrolled in interactive gaming self-exclusion or has otherwise been excluded from interactive gaming activities, and individuals who are under the age of 21, shall not participate in interactive gaming or interactive gaming activities and will have their winnings forfeited and interactive gaming accounts suspended upon violation. Additional information on the Board’s interactive gaming and other Self-Exclusion programs is available on the websites for the Pennsylvania Gaming Control Board, its Office of Compulsive and Problem Gambling or the Department of Drug and Alcohol Programs gambling addiction participating provider, including the Self Exclusion Instructions, FAQs, and Brochure. You can also visit the website for the National Council on Problem Gambling or Council on Compulsive Gambling of Pennsylvania, Inc. for additional resources. Visit our Player Protection Page and responsible gaming website for more information.