Terms of Service

1. General Terms of Service
2. Underage Policy
3. Unfair Advantage Policy
4. Third-Party Content Policy
5. Player Account
6. Standard Promotional Terms and Conditions
7. General Disconnection Policy - Horse Racing
8. Player Protection (Responsible Gaming)

Horseracing.BetMGM.com – NYRA Horse Racing Online Wagering Services (“Terms of Service”)

Last Updated June 18, 2026

IMPORTANT - PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THE AGREEMENTS (AS DEFINED BELOW), THEN PRINT THESE TERMS OF SERVICE AND STORE THEM ALONG WITH ALL CONFIRMATION E-MAILS, ADDITIONAL TERMS, TRANSACTION DATA AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES (AS EACH SUCH TERM IS DEFINED BELOW). THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUT BELOW). BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USE THE SERVICES (AS DEFINED BELOW). IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENTS, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS OF SERVICE OR ACCESSING/USING THE SERVICES.

THESE AGREEMENTS CONTAIN AN ARBITRATION PROVISION REQUIRING BOTH PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT, AND EXCEPT FOR CLAIMS ELIGIBLE FOR RESOLUTION IN SMALL CLAIMS COURT. BY ACCEPTING THESE AGREEMENTS, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL PROVISIONS OF THE AGREEMENTS, INCLUDING THE ARBITRATION PROVISION IN SECTION 28. 

You accept to be bound by this contract when You create an account, otherwise click to acknowledge, agree and/or accept these Terms of Service, and/or use the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) create an account, otherwise click to acknowledge, agree and/or accept these Terms of Service, or when You use the Services, a legally binding agreement on these Terms of Service is entered into between, (a) You, the end user (“You” or “Your” as applicable) and (b) BetMGM, LLC, located at Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311 (“BetMGM”, “We”, “Us” or “Our” as appropriate).

These Agreements (as that term is hereinafter defined) govern the use of the Services in the states where the wagering services are available. Wagering is only available to players physically located in Florida, Louisiana and Ohio.

In these Terms of Service, “Rules” shall refer to the Oregon Administrative Rules Chapter 462 as applicable. 

The Services currently operate under multiple regulatory authorities. The Services operate under and pursuant to the New York State Gaming Commission (“NYSGC”) license and approvals issued to the New York Racing Association, Inc. (“NYRA”) and the Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hub license, or other applicable licenses, issued to NYRAbets, LLC (“NYRAbets” and together with NYRA, the “NYRA Parties”) by the Oregon Racing Commission (“ORC”). The platforms are powered by NYRAbets, owned by NYRA, which is a legal, US-based, regulated and licensed provider of horse race wagering. The Services operate in accordance with the Oregon Administrative Rules Chapter 462 (OAR 462) - Division 200: Pari-Mutuel Rules and Regulations, as amended (the “Rules”). The Services are provided by BetMGM (where BetMGM is an indirect, partially owned subsidiary joint venture of MGM Resorts International (“MGM”) and are marketed under brands owned by MGM. These Agreements are at all times subject to the authority of the NYSGC and ORC.

These Agreements apply to the following: (1) the horseracing.betMGM.com online gaming website, (2) the BetMGM Horse Racing online gaming mobile app, and any other online or mobile platform provided by Us (each individual site being a “Platform” and together the “Platforms”) on which You access Our betting, gaming and wagering services (“Services”). 

In the event that You have any complaints, claims or disputes about any outcome regarding the Services or any other activity performed by Us, You should immediately contact Us in accordance with Section 28 below.

Wagering Services

The wagering services are the services provided by Us via the following Platforms: (1) the horseracing.betMGM.com online wagering website, (2) the BetMGM Horse Racing online wagering mobile app, and any other gaming or wagering platforms provided by Us from time to time (together the “Wagering Services”).

If You are using or intending to use the Wagering Services, You must do so in accordance with Section 34 of these Terms of Service, which applies specifically to the Wagering Services. We may be required to make changes to these Terms of Service and/or the Services at any time at the request of the NYSGC and ORC.

1. APPLICABILITY OF AGREEMENTS

By using the Services, and/or by clicking to acknowledge/accept that You have read these Agreements when You register to join, and/or when You install any of the software relating to the Services provided via the Platform, and/or or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (as defined in Section 20 and Section 21 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As a consequence of this, if You accept these Agreements when registering for the Services, You will not be able to cancel Your registration later, although You can terminate these Agreements and close Your Account in accordance with Section 21 below.

2. LEGALITY OF USE OF THE SERVICES

2.1. You may only use the Services if You are 21 years of age or over, a United States resident, and it is legal for You to do so according to the laws of the state in which You are physically located at the time of using the Services (Louisiana, Ohio or Florida only). You confirm that You are not accessing the Services from a state or foreign jurisdiction outside of Louisiana, Ohio or Florida at the time of placing a wager. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to always ensure that You comply with the laws that govern You and that You have the complete legal right to use the Services. By placing wagers on or via the Services, you acknowledge that states and localities have their own respective laws, codes and regulations governing, regulating or prohibiting the offering of wagering services, both over the internet and otherwise (collectively, “Local Laws”). We are not responsible for your compliance with Local Laws. You hereby acknowledge that underage gambling is illegal, and that it is a criminal offense to allow a person who is under the age of 21 to participate in internet or mobile wagering. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Whenever the Terms of Service that apply to online wagering are changed, BetMGM shall require You to acknowledge acceptance of the changes via an acknowledgment pop-up. Your acknowledgement shall be date-and-timestamped by the online wagering system.

2.2. Underage gambling is a criminal offense, and any person under the age of 21 who engages in online wagering, or any person who facilitates or enables someone under the age of 21 to gamble, has committed a criminal offense, is subject to criminal prosecution, shall be prohibited from internet wagering, and will be subject to disciplinary action. 

2.3. Federal Law restricts wagering on the internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (“The Wire Act”) and 31 U.S.C. §§ 3163 through 3167 (the Unlawful Internet Gambling Enforcement Act, or “UIGEA”)). A player’s wagering session connection will be terminated immediately if the player device is removed from the boundaries of the state in which the Services are permitted (Florida, Louisiana or Ohio).

3. ACCOUNT/REGISTRATION

3.1. To use the Services, You will first need to register an account with Us. You may access any of the Services from Your Account (as defined below). You are prohibited from allowing any other person to access or use Your Account. You are prohibited from transferring or selling Your Account or Account balance. 

3.2. You can open an account with Us by choosing a unique password and entering other information that We ask for on Our registration form, such as (but not limited to) Your first and last name, social security number, physical address, e-mail, gender, birth date and telephone number (an “Account”).

3.3 You shall ensure that the details provided at registration are accurate and kept up to date. You may access, update, and correct inaccuracies in Your “My Account Details” settings. Please note that certain personal information can only be updated by contacting BetMGM’s Customer Care team via e-mail and providing the required personal information and identity verification documents. Please see Our Privacy Policy for further details regarding which information We collect, and how that information is used, shared and stored. Alternatively, You can contact Us for further information.

3.4. There are no set-up charges for opening Your Account. We are not a bank and as such, We do not insure funds in Your Account and do not guarantee that funds in Your Account will be insured by any government agency. All payments to and from Your Account must be paid in U.S. dollars. Please note that We may accrue interest on funds in Your Account, but You will not be entitled to or paid any such interest. You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.

3.5. You can contact BetMGM’s Customer Care team at any time to obtain Your transaction history. You may also access Your transaction history by logging into Your Account and accessing “My Account” and following the prompts for “My Transactions” and/or “Cashier.” 

3.6. To use certain Services, You may first need to download and install software as provided on the relevant Platform.

3.7. Upon creating an Account, You acknowledge and consent to receive communications from Us electronically, through the e-mail address provided upon registration of Your Account. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

4. DEPOSITS, WITHDRAWALS, TAXES & WITHHOLDINGS

4.1. To place a wager, You will be required to deposit funds into Your Account by any of the following methods: (a) a deposit account; (b) a credit or debit card, which has been registered and verified pursuant to the requirements of the issuer; (b); a reloadable prepaid card, which has been verified as being issued to You and is non-transferable; (d) cash complimentaries, promotional credits, or bonus credits; (e) winnings from wagering; (f) adjustments made by BetMGM with documented notification to You; (g) online and mobile payment systems that support online money transfers; or (h) other means as provided through the Services. Such funds will be deposited into Your Account upon actual receipt of funds by Us or Our agents. BetMGM may prohibit You from using certain payment methods at its discretion, and minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and withdrawal options and fees, please see the Cashier page.

4.2. BetMGM does not charge You any fees for using a credit card as an account funding method. However, please be aware that Your credit card company may treat this transaction as a cash advance and charge You cash advance fees that may appear on Your credit card statement.

4.3. BetMGM does not charge You any fees for withdrawing funds to a credit card. However, withdrawals to a credit card are contingent upon Your bank’s policies and may be prohibited by Your bank. Your credit card company may charge You administrative fees that may appear on Your credit card statement. Withdrawals to credit cards may take several days of bank processing time.

4.4. Credit card deposits into Your Account can only be made if You are the main account holder or joint account holder on the card. Authorized users who are not a main or joint account holder cannot use that credit card as a deposit method and will have their deposit returned by BetMGM. Authorized users are those who are not financially liable for the card and are not considered the legal owner. 

4.5. Deposits and withdrawals can be subject to Our review. In the case of suspected or actual fraudulent activity, We may suspend or terminate Your Account and may refund or refuse to refund any monies contained in Your Account in Our sole and absolute discretion.
In connection with making any deposit, You represent that:

a) All money that You deposit in Your Account originates from a payment source of which You are the legal owner.
b) 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. 
c) All payments made into Your Account are authorized and You will not attempt to reverse a payment made into Your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
d) You accept that all transactions may be checked for anti-money laundering purposes and that any transactions made by You which BetMGM deems suspicious may be reported to the appropriate authorities.

4.6. You can request withdrawals from Your Account at any time, provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total back to the same payment method with which deposits were made, with the exception of credit cards from banks that do not allow withdrawals to credit cards. When using a card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit. Payments will be made as soon as reasonably possible (subject to up to five business days of internal processing time), although there may be delays due to any Security Review (see Section 19 below) undertaken by Us, and We may hold any such payments in accordance with these Agreements. Payment of funds which You withdraw shall be made by the withdrawal options available on Our Cashier page or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.

4.7. Your Account balance is the amount of real money held in Your Account (if any), plus any winnings and minus any losses accrued from using the Services, less any entry fees or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud, or due to deposits or other transactions rejected or voided by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under these Agreements (“Account Balance”). Account balances cannot be transferred, substituted or redeemed for any other prize.

4.8. Acceptance of a withdrawal request is subject to any deposit method restrictions, bonus restrictions and Security Reviews (see Section 19 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before a withdrawal. For further details of current deposit and withdrawal options and fees, please see the Cashier page.

4.9. We may report and withhold any amount from Your winnings in order to comply with any applicable law. You acknowledge that the information furnished will be utilized for purposes of identifying and enforcing child support arrearages or outstanding debt pursuant to state law, if applicable. By accepting these Agreements, You acknowledge that any eligible winnings may be subject to withholding if You are in arrearages of outstanding debt or child support pursuant to state law, if applicable.

4.10. If We do not withhold any amount from Your winnings for tax purposes, that does not indicate that You have no tax liability on Your winnings. You are responsible for the payment of any required taxes owed on any gambling income or any other income received in connection with your use of the BetMGM Wagering Services. Any failure to pay applicable tax liabilities may result in civil penalties and/or criminal liability. 

4.11. Under penalties of perjury, You declare that, to the best of Your knowledge and belief, the name, address, and Social Security Number that You have provided correctly identify You as the recipient of any prize payments and any payments from wagers, and that no other person is entitled to any part of these payments. 

5. TRUE IDENTITY AND ONE ACCOUNT

The name on Your Account must match Your true and legal name and identity, and the name on Your Account registration must match the name on the card(s) or other payment accounts used to deposit or receive monies into Your Account. To verify Your identity, We reserve the right to request satisfactory proof of identity (including, but not limited to, copies of a valid passport/identity card and any payment cards used) and satisfactory proof of address (including, but not limited to, a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension of Your Account. You consent to have Your age and identity verified by Us. You may not hold more than one (1) Account in connection with Your use of any Platform. We reserve the right to close Your Account(s) if You open multiple Accounts. If We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to suspend or void any transaction related to said fraud attempt and may report it to the appropriate authorities. If You have lost Your Account name or password, please Contact Us for a replacement.

6. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT

6.1. You acknowledge that We are a United States company and run a licensed horse race wagering operation. As such, We are: (a) prohibited from providing services to certain “prohibited persons” (listed below) that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury; and (b) must exclude or eject any “excluded persons” that are listed on the “exclusion list.”

6.2. The following persons (each an “Unauthorized Person”) are not permitted to establish an internet or mobile wagering account, or to use directly or indirectly any of the Services: 

a. Any person prohibited from wagering pursuant to the Oregon Administrative Rules Chapter 462 (OAR 462) Division 200 – Pari-Mutuel Rules and Regulations.
b. Any employee of either NYRA, NYRAbets, MGM, BetMGM or Entain plc (collectively referred to as the “Affiliate Group”), or its subsidiary or affiliated companies, who has administrative or privileged access to BetMGM’s online wagering data or systems.
c. An employee of a supplier or vendor of the Affiliate Group.
d. Any individuals who have been banned from gaming activities at any MGM subsidiary or affiliate, or who are prohibited from wagering pursuant to any applicable laws, including individuals who are “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in Louisiana, Florida, Ohio, or any other state.
e. “Prohibited persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists. 
f. Persons who are under the age of 21. 
g. Persons who are not a legal resident of the United States. 

You may not attempt to create an Account if You are an Unauthorized Person or assist other Unauthorized Persons to use the Services.

7. YOUR USE OF THE SERVICES

7.1. To ensure fairness, We may take any measures We deem appropriate in order to create a fair and balanced wagering environment.

7.2. We reserve the right to suspend, modify, remove or add to any of the Services (collectively, a "Change") in Our sole discretion with immediate effect and without notice, so long as such a Change does not affect pending play on the Services. We will not be liable for any such action.

7.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our players and the integrity of the Services. Please read Our Unfair Advantage Policy (which is incorporated in these Agreements) for further details, and Our Anti-Cheating Policy at Section 34.2 below. If any player is found to be participating in any form of collusion or other activities that We consider to constitute cheating, their account may be permanently closed, and any balance may be at risk of forfeiture or withholding as per Section 20 of these Terms of Service.

7.4. We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third-Party Content Policy (which is incorporated in these Agreements) for further details.

7.5. We reserve the right to suspend or terminate Your use of certain areas of the Services or Platforms from time to time for any reason or no reason, to the extent permitted by law or regulation.

7.6. No communications or information published on the Services or communicated to You by Us are intended to constitute legal advice or tax advice, and We accept no liability for any reliance on such content.

7.7. For the purpose of any reference to time in connection with Your use of the Services, We use the Eastern Time Zone (ET), unless otherwise specified.

7.8. Your use of the Services (including, for the avoidance of doubt, any intellectual property or services We may license from third parties from time-to-time, which forms part of the Services) is for Your personal, entertainment use on Your personal computer, mobile device, or similar electronic device only. You may not use the Services or any intellectual property contained therein for any commercial purpose.

7.9. By accessing Our Platforms, or using, or attempting to use, Our Software or the Services, You represent and warrant to Us that:

a. You are 21 years of age or older.

b. You are a legal resident of the United States.

c. You are physically located in a state where wagering services are available and permitted by applicable law while wagering (Louisiana, Florida or Ohio only). All details provided by You to Us to setup Your Account or otherwise participate in the Services are true, current, correct and complete.

d. You consent to the monitoring and recording by Us and/or the New York State Gaming Commission or Oregon Racing Commission of any wagering communications and geographic location information.

e. You are of sound mind and capable of taking responsibility for Your actions and You can enter into a legally binding contract with Us.

f. You are solely responsible for the acquisition, supply and maintenance of Your device and all of the computer equipment, mobile or other electronic devices, telecommunications networks, and internet needs to access Our Services.

g. You fully understand the methods, rules, and procedures of the wagers applicable to Our Services.

h. You will not wager by using a robot player or equivalent mechanism (a "Bot").

i. You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand.

j. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks on the Platforms or in Your communications with BetMGM.

k. You will not disguise or interfere in any way with the internet protocol address ("IP address") of the personal computer, mobile device, or other electronic device You are using to access the Services or otherwise take steps to prevent Us from correctly identifying the actual IP address of the device You are using while accessing the Services.

l. You accept and agree to abide by the rules of the horse racing wagers as set out on the Services, these General Terms of Service, and the Agreements.

7.10. In order to use the wagering feature of the Services, You must be physically located in Louisiana, Florida or Oregon at the time of use. We may, at any time before or after You begin using the Services, require You to verify Your identity, age, or physical location, and We may terminate Your access to the Services if You fail to do so. See "Section 17 - Location Services" for more location information.

7.11. You may not engage in the following prohibited activity in connection with the Services: betting on events overseen by the relevant governing body if You are a jockey, coach, manager, owner, official, handler, physician, athletic trainer, team owner, or front office member in the sport overseen by that governing body, anyone with sufficient authority to influence the participants in or the outcome of the event, or anyone with information not generally available to the public about the event. In the event BetMGM discovers that You have participated in such prohibited activity, You will be immediately banned from placing wagers via the BetMGM Services and BetMGM will report the prohibited activity to its regulators and/or the applicable horse racing governing body, as required by law.

8. COPYRIGHT AND TRADEMARKS

The terms BetMGM, MGM Resorts International, MGM, NYRA, NYRAbets and any other marks used by Us are the trademarks, service marks or trade names of the Affiliate Group, one of its subsidiaries or associated companies, or its licensors. Further, all other material used by Us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Affiliate Group, one of its subsidiaries or associated group companies, or licensors, and is protected by copyright or other intellectual property rights. You obtain no rights in such copyright material, trademarks or service marks and must not use them without the Affiliate Group’s written permission.

9. ELECTRONIC SERVICES PROVIDER

In order to use the Services, You will be required to send money to Us and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions (“ESPs”) to process such financial transactions. You irrevocably authorize Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests, as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

In the event We use such ESPs and/or financial institutions to process payments made by and to You, or otherwise accept Your use of any particular payment method, in connection with Your use of the Services, We shall not be responsible for the acts or omissions of the third party providing such payment processing or payment method prior to Our receipt of funds, or after We initiate a transfer of funds (as applicable). You agree that You shall look exclusively to the ESP or financial institution in the event of any payment processing or other payment method related disputes, and not to Us.

10. BONUSES

We may from time to time offer You complimentary or bonus amounts, to be credited by Us into Your Account (“Bonus(es)”). These Bonuses may only be used in relation to the Services that are specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You corresponding to the Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and the bonus release restrictions contained in the relevant offer. Offers may be used only once unless otherwise specified. You are not entitled to withdraw any Bonus amounts, and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms, including (without limitation) in respect of any qualifiers or restrictions.

11. DORMANT ACCOUNTS

If Your Account has had no activity for a period of three (3) years, Your Account will be deemed Dormant. Where permissible, BetMGM will remove non-cashable funds from accounts, including any restricted bonuses or promotional funds. Any unclaimed funds remaining in a dormant account may be forfeited and/or remitted as required, in accordance with state regulation and/or state law. To prevent Your Account from becoming Dormant, You can log into Your Account, make a withdrawal, a deposit, or a real money wager.

12. THIRD-PARTY CONTENT

12.1.Abusive or offensive language will not be tolerated on the Platforms, Services, or with Affiliate Group staff, and You agree that You will not engage in such language. In addition, You are not entitled to make untrue, malicious, or damaging comments with regard to the Affiliate Group’s operation in any media or on any forum.

12.2.In accordance with the terms of Our Third-Party Content Policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials (“Third-Party Content”) posted by You on the Platforms which in Our opinion breaches the terms of these Agreements.

12.3.Any violation of this policy may result in removal of the Third-Party Content, a suspension of Your use of the Services and/or any other action that may be required by Us to ensure compliance with this Section.

13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

Your Account name and password should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password, and all activities that occur under Your Account name and password. You agree to keep Your Account name and password confidential and not to allow anyone else to use it. As an authorized player, You are prohibited from allowing any other person to access or use Your wagering account. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorized use or misuse of Your login details. We are not required to maintain Account names or passwords. If You have lost Your Account name, username or password, please Contact Us for a replacement immediately. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, We shall not be liable.

14. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

14.1. We have a zero-tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us, the Affiliate Group or any other user of any of the Services in any way, including but not limited to wager manipulation or payment fraud, betting on all possible outcomes of an event, betting on an event in which You take part, or if We suspect You of fraudulent payment, including use of stolen payment cards, or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment) or prohibited transaction (including, but not limited to, money laundering) or if Your deposits fail to be honored by Your bank for any reason, We reserve the right to suspend or close Your Account and recover bad debts using whichever method may be lawfully available to Us, including, but not limited to: (a) debiting the amount owed by You from Your Account; and (b) instructing third-party collection agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including, without limitation, Your identity) with appropriate agencies, and to report any criminal or suspicious activities to the appropriate authorities. 

14.2. We reserve the right to void and withhold any or all winnings made by a person or group of persons if We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us, the Affiliate Group, the Services or the Platforms in any way.

14.3. In the interests of data protection, security and avoidance of fraud, We do not permit the use of any communication channels included within the Services or the Platforms to offer or promote any offers, products and services (whether Yours or a third party’s). You are expressly prohibited from posting information or contacting Our players to offer or promote any offers, products or services. 

15. LIMITED SOFTWARE LICENSE

15.1. We hereby grant You the limited, non-exclusive, non-transferable, non-sublicensable right to install and use the software We make available from the Platforms used to provide the Services (the “Software”) and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install and use the Software on Your personal computer, mobile device, or similar electronic device solely for Your own personal use in using the Services in accordance with these Agreements, and further, that such installation and use is made through a personal computer, mobile device, or similar electronic device of which You are the primary user. The Software is the valuable intellectual property of the Affiliate Group, its associated companies, or its licensors. You obtain no rights to the Software, except to use it in accordance with these Agreements. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; d) export the Software to any country (whether by physical or electronic means); or (e) use the Software in a manner prohibited by applicable laws, regulations or this Agreement (together the “Prohibited Activities”).

15.2. You will be solely liable for any damages, costs or expenses arising out of or in connection with committing any Prohibited Activities. You shall notify Us immediately upon becoming aware of any person committing any of the Prohibited Activities and shall provide Us with reasonable assistance with any investigations We may conduct in light of the information provided by You in this respect.

16. WAGERING SERVICES UPDATES AND UPGRADES

You acknowledge that BetMGM may from time-to-time issue updated or upgraded versions of the Wagering Services, and may (subject to Your device settings) automatically electronically update or upgrade the version of the Wagering Services that You are then currently using on Your personal computer, mobile device, or similar electronic device. You consent to receive updates or upgrades to the Wagering Services automatically without providing further consent each time. The Wagering Services (including any updates or upgrades) may: (a) cause Your device to automatically communicate with Our servers to deliver the functionality described in the Wagering Services description, or through new features as they are introduced, and to record usage metrics; (b) affect preferences or data stored on Your device; and (c) collect personal information as set out in Our Privacy Policy, including for the purposes of confirming Your location and eligibility to use the Wagering Services. We are not responsible if an update or upgrade affects how the Wagering Services work if this is caused by Your own equipment or device not supporting the update or upgrade. You can withdraw Your consent to receive automatic Wagering Services updates at any time by uninstalling or ceasing to use the Wagering Services or by terminating Your Account. To terminate Your Account, contact Us via the Customer Care portal.

17. LOCATION SERVICES

17.1. Real-money wagering on the Platforms is restricted to users who are physically located within the states where the wagering services are available (Louisiana, Florida or Oregon) and permitted by applicable law at the time of use. To confirm Your desktop/laptop location, We use a third-party method that verifies Your IP address and WiFi signal. If one of the two is not confirmed, You will not be allowed to use the Services. To confirm Your mobile device location, We use a third-party method using Your carrier cell tower and WiFi signal. If Your mobile device location is not confirmed, You will not be allowed to use the Services. We cannot guarantee that Your device will be able to successfully use the location services. You are prohibited from using any technology that may obscure or falsify Your physical location for the purpose of placing wagers or bets. We may, at any time before or after You begin using the Services, require You to verify Your identity, age, or physical location, and We may terminate Your access to the Services if You fail to do so. If We or Our third-party providers are unable to precisely track Your location for any reason, You may be prevented from accessing or using the Services. We are not liable for Your inability to access or use the Services. We reserve the right to declare null and void any wagers or bets that were placed in violation of Our Terms of Service, including, but not limited to, wagers that were placed from a state or foreign jurisdiction outside of Louisiana, Florida or Oregon and wagers placed by Unauthorized Persons, including, but not limited to, if We are unable to precisely track Your location. If We are unable to precisely track Your location, it may impact Your ability to access, claim or use certain benefits associated with the Services.

17.2. By registering to use the Services, You consent to the monitoring and recording by Us (or Our service providers) and/or by the NYSGC, ORC or NYRA Parties (or any of their respective service providers) of any wagering communications and geographic location information for the purpose of determining compliance with the Rules.

17.3. We will handle all information collected through the location services in accordance with Our Privacy Policy. If You have any questions or concerns regarding the location services, You may contact Us by e-mail, via the mobile portal (chat feature is included), or by phone at 862-229-0172.

18. ERRORS

18.1. You must inform Us as soon as You become aware of any errors, including but not limited to, errors with respect to (a) Your Account, (b) Your Account balance, or (c) any calculations with respect to any wager You have placed. In the event of such error or any system failure or error (a divergence from the normal functioning of the wager logic for whatever reason) that results in an error in any odds calculation, charges, fees, Your Account balance, bonuses or payout (“Error”), We will attempt to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers that were the 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 these wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 20 (Forfeiture & Account Closure) of these Terms of Service.

18.2. If You are incorrectly awarded any winnings and/or funds as a result of (a) any human error; (b) any bug, defect or error in the Software; or (c) the failure of the relevant product or the Software to operate in accordance with the rules of the relevant wager, then We will not be liable to pay You or allow You to retain any such winnings and/or funds. You agree to refund any such winnings and/or funds that may have been paid to You as a result of such error or mistake.

19. SECURITY REVIEW

To maintain a high level of security and integrity in the systems used to provide the Services, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Affiliate Group, and to review Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a “Security Review”). As such, You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third-party databases. In addition, to facilitate these Security Reviews, You agree to provide any information or documentation that We, in Our unfettered discretion, may request.  

20. FORFEITURE & ACCOUNT CLOSURE

We reserve the right, in Our unfettered discretion and in relation to Your Account, any related ESP account (as that term is defined in Section 8), and any accounts You may have with other sites, casinos or services owned or operated by or on behalf of the Affiliate Group, to terminate these agreements, withhold Your Account balance, suspend Your Account, and recover from Your Account the amount of any affected pay-outs, bonuses and winnings, if:

• You are in material breach of any of these Agreements.
• We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity.
• We become aware that You have played on any other online gaming or wagering sites or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity.
• You have “charged back” or denied any of the purchases or deposits that You made to Your Account.
• You fail to inform Us of an Error.
• You become bankrupt or analogous proceedings occur against You anywhere in the world. 
• Upon instruction of the appropriate law enforcement agency or regulatory body, or upon receiving notice of a civil violation or criminal conviction that involves fraud, deceit, collusion, or similar offenses.

21. TERMINATION

21.1. You are entitled to close Your Account and terminate these Agreements for any reason or no reason on seven (7) days’ notice to Us by withdrawing the entire balance from Your Account and contacting Us by e-mail, via the mobile portal (chat feature is included), or by phone at 862-229-0172. You may also send a letter to the below address: 

BetMGM
Attn: Account Closure
Harborside Plaza 2, Suite 700
200 Hudson Street
Jersey City, New Jersey 07311 

We will respond within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until the closure has been put into effect by Us. 

21.2. Without limitation to Section 20, We are entitled to terminate these Agreements on seven (7) days’ notice by sending an e-mail to You at the e-mail address You have provided to Us. Termination is effective seven (7) days after the e-mail is sent, regardless of receipt or read date. In the event of termination by Us, We shall give notice of the termination to You via e-mail and, other than where termination is pursuant to Section 20, as soon as reasonably practicable We will refund the balance of Your Account. If We have terminated pursuant to Section 20, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.

21.3. Termination of these Agreements will not affect any outstanding wagers, PROVIDED that any outstanding wagers are valid and are not in breach of these Agreements in any way.

21.4. The following Sections of these Terms of Service shall survive any termination of these Agreements by either party: 2, 6, 8, 9, 14, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, and 36, along with any other Sections which are required for the purposes of interpretation.

22. COMPENSATION

You agree that You will only use the services in accordance with the Terms of Service set out in the agreements. You will compensate Us IN FULL for any losses or costs (including reasonable attorneys’ fees) which We (or any member of Our Affiliate Group) incur, arising from any breach of these agreements by You.

23. TIME LIMITS AND TIME-OUTS

23.1. We take Responsible Gaming seriously. You may suspend activity on Your Account for a period of time chosen by You (up to a maximum of one year) or You may set deposit, loss and time limits through BetMGM’s Responsible Gaming page.

23.2. If You have elected to use the time-out feature on Your Account, You acknowledge and agree that You will not open or use an Account in a different state or with any other Affiliate Group product (Borgata, PartyPoker, PartyCasino, Wheel of Fortune, etc.) during the time-out period You selected.

23.3. BetMGM reserves the right to temporarily or permanently exclude players based on communications or activities that do not align with Our responsible gaming principles. Any concerning communication or activity will be subject to review until We can confirm that a player can continue using Our product and services responsibly. If You have a pending wager on an event that has not yet begun and BetMGM imposes a mandatory operator exclusion on You, any of Your open wagers can stay open until the event is completed. If the wager ends up winning, You can request a withdrawal for those winnings. If BetMGM imposes a mandatory operator exclusion on You, and You would like to void the open wagers, a request can be made if the event has not yet begun.

24. LIMITATIONS AND EXCLUSIONS

24.1. SUBJECT TO APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.

24.2. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 18, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, PERSONAL COMPUTER, MOBILE PHONE OR OTHER ELECTRONIC DEVICES, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. MALFUNCTION VOIDS ALL PAYS.

24.3. THE AFFILIATE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED WINNINGS), REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.

24.4. THE AFFILIATE GROUP SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TO RECEIVE FUNDS FROM US OR YOUR ONLINE WAGERING ACCOUNT, OR TO PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.

24.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE AFFILIATE GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

24.6. NEITHER WE NOR OUR AFFILIATE GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.

24.7. NEITHER WE NOR OUR AFFILIATE GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY ESP OR FINANCIAL INSTITUTION.

24.8. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

24.9. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

24.10. IF AND ONLY TO THE EXTENT THAT SECTION 24.9 DOES NOT APPLY, OUR MAXIMUM LIABILITY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).

24.11. WE HAVE NO LIABILITY TO YOU ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

24.12. WE ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR WAGERS OR THE ACCEPTANCE OF WAGERS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. WE WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND YOU CONFIRM THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.

24.13. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY INTERRUPTION IN OUR SERVICES CAUSED BY ANY RIOT OR CIVIL COMMOTION; HURRICANE; WAR; FIRE; EARTHQUAKE; TERRORISM; ACT OF GOD; PANDEMIC; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF ELECTRONICS, TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.

24.14. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE WE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).

25. INDEMNIFICATION

You agree to indemnify, defend and hold Us, Our Affiliate Group, and Our and their respective directors, officers, members, employees, agents, affiliates, affiliated companies, and other partners harmless from and against any claim or demand, damages, losses or liabilities, including reasonable attorneys’ fees, made or claimed by any third party due to or arising out of Your use of the Software or the Services, Your connection to the Platforms or the Services, Your violation of the Agreements, any misrepresentations made by You, Our use of information that You submit to Us, or Your infringement of any intellectual property or other right of any other person or entity. 

26. NO REPRODUCTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platforms, the Software or the Services, use of the Platforms, the Software or the Services, or access to the Platforms, the Software or the Services.

27. THIRD-PARTY WEBSITES

Although We hope that You will find the material on the Platforms informative, the material and links to third-party websites and resources that may be included on the Platforms are provided for informational purposes only. Providing links to these sites by Us should not be interpreted as endorsement or approval by Us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Platform or any third-party website which may be accessed by a link from the Platforms, including any representations or warranties as to accuracy or completeness. Because We have no control over third- party websites and resources, You acknowledge and agree that We are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with Your use of or reliance on any such content, information, goods, or services available on or through any such site or resource.

28. BINDING ARBITRATION, DISPUTE RESOLUTION, AND APPLICABLE LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

28.1. Initial Dispute Resolution Requirement

We believe most disputes between players and BetMGM can be resolved by good-faith dialogue between the parties. If You have any claims, complaints or disputes with or regarding BetMGM in connection with Your use of the Platform or the Services, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim, complaint or dispute refers. Claims, complaints and disputes may be submitted by e-mail or via mail to: BetMGM Customer Care Team, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any notice We give to You (other than otherwise set out herein) will be sent to the e-mail address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address by contacting Our Customer Care team and to regularly check Your e-mail account for e-mails from Us.

28.2. Required Dispute Resolution Conference

28.2.1. Before initiating any claim in arbitration, or initiating a case as otherwise permitted by this Agreement, You and We (each a “party” and together the “parties”) must engage in a good-faith effort to resolve any claim through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence arbitration; and multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. Absent a mutually agreed upon extension, the parties shall work in good faith to schedule the informal telephonic dispute resolution conference within sixty (60) days of such notice, or within a reasonable amount of time to accommodate the number of requested conferences, whichever is later. All such conferences shall be scheduled with appropriate notice to all parties, meaning at least five business days in advance unless there is mutual agreement to conduct a conference with less notice. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section and such tolling shall end at the end of the telephonic conference. Engaging in an individualized informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and if either party fails to engage in this process, the arbitrator shall dismiss that party’s arbitration demand and order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party to the extent permitted under law. 

28.2.2. To initiate an informal telephonic resolution conference, the party initiating a claim must give notice to the other party in writing of their intent to do so. The notice must contain the name, telephone number, mailing address, the account name and e-mail address(es) used in connection with the account at issue (if applicable), a factual description of the nature and basis of the dispute, the amount that the party is seeking for resolution of the dispute, and the personal signature of the party (a copy of which may be submitted via e-mail).

28.2.3. Any notice You give to BetMGM pursuant to Section 28.2.2 must be sent via e-mail to: LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any notice BetMGM gives to You will be sent to the most recent e-mail address that You have provided Us in connection with Your Account. It is Your responsibility to keep the e-mail address connected to Your Account current and to regularly check Your e-mail account for e-mails from Us.

28.3 Applicable Law/Delegation

28.3.1 The enforceability, application, and interpretation of this arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) to the maximum extent permitted. If for whatever reason the rules and procedures of the FAA cannot apply, the law governing arbitration agreements in the state in which you wagered shall apply. 

28.3.2 Except as provided with respect to the Class and Representative Action Waiver below, all disputes regarding whether this arbitration agreement is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the scope of this arbitration agreement, shall be determined exclusively by an arbitrator, and not by any court.

28.3.3 Except for the FAA’s applicability to the enforceability, application, and interpretation of this arbitration agreement, all controversies or claims arising out of or related to Our Services or these Terms shall be construed and enforced in accordance with the laws of the state in which You are physically located at the time wagering, and the United States of America, without regard to any choice of law or conflict of laws principles, regardless of where You live. 

28.4 Binding Arbitration

28.4.1 PURSUANT TO THE FEDERAL ARBITRATION ACT, ANY CLAIMS WHICH ARE NOT RESOLVED BY THE PROCEDURES DISCUSSED IN SECTIONS 28.1 AND/OR 28.2, AND ALL OTHER ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE SERVICE(S) (INCLUDING THE WAGERING SERVICES), THE PLATFORMS, WAGERING TRANSACTIONS, THE SITE, THE APP, OR THE ALLEGED BREACH OF THESE TERMS OF SERVICE (“DISPUTES”), SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES, AND IF THERE ARE 75 OR MORE SIMILAR DEMANDS FOR ARBITRATION FILED BY EITHER THE SAME LAW FIRM OR LAW FIRMS ACTING IN COORDINATION, UNDER THE JAMS MASS ARBITRATION PROCEDURES AND GUIDELINES.

28.4.2 Intended beneficiaries of this Section 28.4 who will be entitled to enforce the provisions of this Section include (a) You and any person or entity purporting to bring claims on Your behalf, as well as (b) BetMGM, MGM, and Entain plc; the agents, principals, representatives, directors, officers, shareholders, governors, managers, and members of BetMGM, MGM, and Entain plc; and each of BetMGM’s, MGM’s, and Entain plc’s parents, subsidiaries, affiliates, partners, licensees, attorneys, successors, joint venturers, contractors, assigns, designees, services, and service providers.

28.4.3 The Streamlined Arbitration Rules and Procedures (and Mass Arbitration Procedures and Guidelines, if applicable) governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. The arbitrator’s fees and costs shall be paid by BetMGM to the extent required by controlling law and (a) the Streamlined Arbitration Rules and Procedures or (b) the JAMS Mass Arbitration Procedures Fees Schedule, whichever is applicable. The Mass Arbitration Procedure Fee Schedule is available at Procedure 7 at https://www.jamsadr.com/mass-arbitration-procedures. However, if either party commences arbitration in accordance with these Terms, they will be required to pay JAMS’ then-prevailing filing fee. If a party contends that they are exempt from paying filing fees, the opposing party may challenge the requested exemption. To the extent the filing fee for an arbitration that You commence exceeds the cost of filing a lawsuit, BetMGM shall pay the excess cost, unless an arbitrator deems the arbitration demand frivolous, harassing, or vexatious under Federal Rule of Civil Procedure 11. The arbitrator will resolve any disputes regarding costs/fees associated with arbitration. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

28.4.4 So long as the Parties have completed an informal dispute resolution conference pursuant to Section 28.2, either party may initiate arbitration consistent with the JAMS Streamlined Arbitration Rules & Procedures and the JAMS Mass Arbitration Procedures and Guidelines, if applicable. If a party initiates an arbitration in a manner inconsistent with the applicable JAMS rules, the opposing party may seek summary dismissal and costs for failing to comply with the applicable JAMS rules. The party bringing the claim must demand arbitration in writing or via e-mail. Any demand for arbitration made to BetMGM must be sent via e-mail to LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any demand for arbitration made by BetMGM shall be sent to the most recent e-mail address that You have provided to Us in connection with Your Account. The demand for arbitration shall identify the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The demand for arbitration shall include the original (i.e., non-electronic) signature of the party seeking arbitration. The arbitrator will resolve all disputes regarding the timeliness or propriety of the notice of claims. By signing any demand for arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement, including by awarding the prevailing party all fees related to litigating whether a claim was frivolous, harassing, or vexatious.

28.4.5 Any arbitration pursuant to this Section 28.4 shall be held before a single arbitrator who shall be a retired judge. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by each party ranking and striking from a list of arbitrators supplied by JAMS. Any such arbitration shall be held in the state that You are physically located at the time of wagering or at another mutually agreeable reasonable location within the United States that is convenient for You.

28.4.6 The parties agree that all of the arbitration proceedings, including any discovery, shall be confidential to the fullest extent permitted by law and as authorized by any protective order that the arbitrator may enter, provided that final awards may be shared for their persuasive value across related proceedings under the JAMS Mass Arbitration Procedures and Guidelines as defined herein. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. In making any decision or award, the arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s decision or award is based, including how any damages award was calculated and the factual basis for that award. Not all arbitrations will necessarily result in a prevailing party. Either party may serve an offer of judgment under Federal Rule of Civil Procedure 68. If a party timely serves such an offer that the receiving party does not accept, and the judgment that the receiving party finally obtains is not more favorable than the unaccepted offer, then the receiving party shall pay the costs of the party that served the offer of judgment, including filing and expert fees, incurred after the offer was made, to the extent permitted by law. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions as permitted by these Terms. 

28.4.7 Batch Arbitrations. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against BetMGM, presented by or with the assistance of the same law firm(s) or organization(s), are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall (a) group the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are less than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with BetMGM and JAMS to implement such a batch approach to resolution and fees, as well as the consolidation of any subsequently filed demand that may be appropriately added to an existing batch to increase efficiency of resolution.

28.4.8 NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED, AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD, WHICH SHALL BE FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION PURSUANT TO THE FEDERAL ARBITRATION ACT. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO A JURY AND AGREE TO PROCEED WITH BINDING ARBITRATION. 

28.4.8.1 Either party shall have the right to appeal the arbitrator’s final award on the merits to an arbitration appellate panel. The notice of appeal must be served, in writing, on the opposing party within fourteen (14) days after the award has become final. JAMS shall administer the appeal consistent with the JAMS Optional Appeal Procedures, available at https://www.jamsadr.com/appeal/. While an appeal of an award on the merits is pending, any request for attorneys’ fees and/or costs shall be stayed pending resolution of the appeal.

28.4.9 30-Day Right to Opt Out. You have a right to opt out and not be bound by the arbitration provisions set forth in this Section 28.4 by sending written notice by U.S. mail of Your decision to opt out to the following address: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. The notice must be sent (as demonstrated by the postmark or receipt for postage or shipping costs for the notice) within 30 days of the date You register for Your Account, otherwise You will be bound to arbitrate disputes in accordance with the terms of this Section 28.4. Any opt-out notice must be signed by You personally, and not by Your agent(s) or representative(s). Your notice may opt out only Yourself, and neither You, Your agent(s), or Your representative(s) may effectuate an opt-out on behalf of anyone other than You. If You opt out of these arbitration provisions, BetMGM also will not be bound by them. 

28.5 Small Claims Matters and Other Matters Excluded from Arbitration Requirement

28.5.1 Notwithstanding the foregoing, either of Us may bring any qualifying claim in small claims court located in the state that You are physically located at the time of wagering.

28.5.2 Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

28.5.3 Either party may also seek a declaratory judgment or other equitable relief in state or federal court in the state that You are physically located at the time of wagering regarding whether (a) a party’s claims are time-barred, or (b) a party’s claims may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

28.6 Class and Representative Action Waivers

28.6.1 You and BetMGM agree that any and all Disputes arising between You and BetMGM shall not be arbitrated on a class and/or representative basis. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action and/or representative action, and the arbitrator will have no authority to hear or preside over any such action (“Class and Representative Action Waivers”). For avoidance of doubt, regardless of the forum in which You or BetMGM brings or seeks to bring claims, You and BetMGM agree to bring claims only in their individual capacities and not as a plaintiff or class member of any purported class or representative proceeding, and not on behalf of any other person.

28.6.2 Notwithstanding any other clause contained in these Terms, any claim that all or part of this Class and Representative Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Notwithstanding any other clause contained in these Terms, this Class and Representative Action Waiver does not prevent You or BetMGM from participating in a class-wide and/or representative settlement of claims.

28.6.3 The Class and Representative Action Waiver shall be severable from this Agreement in any case in which there is a final judicial determination that the Class and Representative Action Waiver is invalid, unenforceable, void, or voidable. In such instances, the class or representative action must be litigated in a civil state or federal court of competent jurisdiction - not in arbitration.

28.7 Limitation of Damages

Except where prohibited by law, You agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the use of the Services; and (b) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives all rights to claim, indirect, punitive, nominal, incidental and/or consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. For the avoidance of any doubt, expert witness fees are not recoverable out-of-pocket expenses.

28.8 Waiver of Injunctive or Other Equitable Relief

To the fullest extent permitted by law or as otherwise provided in this Agreement, You agree that, if You claim that You have incurred any loss, damages, or injuries in connection with Your participation in the Services, then the losses, damages, and injuries will not be irreparable or sufficient to entitle You to an injunction or to other equitable relief. This means that, in connection with Your claim, You agree that You will not seek, and that You will not be permitted to obtain, any court order or other action that may interfere with or prevent the development or exploitation of any websites, applications, content, user generated content, product, Service, or intellectual property owned, licensed, used or controlled by Us (including Your licensed user content) or any licensor of BetMGM.

28.9 Changes to this Section 28

We will provide You 30 days’ notice of any material changes to this Section 28. Such material changes will become effective on the 30th day, subject to Section 28.4.9. If You continue to use the site or any of the Services after the 30th day, You agree that any unfiled claims are subject to the revised clause. 

29. SEVERABILITY

Except as stated in the Class and Collective Action Waivers section above (Section 28.6), if any provision of these Terms is held to be Except as stated in the Class and Representative Action Waivers section above (Section 28.6), if any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining Terms of Service, and that determination shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable according to the terms contained herein. In the case of the severance of any terms, the portion deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.

, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining Terms of Service, and that determination shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable according to the terms contained herein. In the case of the severance of any terms, the portion deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.

30. WAIVER

Failure by Us to insist upon strict performance of any of Your obligations or to exercise any of the rights or remedies to which We are entitled shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations, and a waiver by Us of any breach or default of the Agreements shall not be deemed to be a waiver of any preceding or subsequent breach or default.

31. ASSIGNMENT

We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.

32. THIRD-PARTY RIGHTS

32.1. Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements, but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

32.2. For the avoidance of doubt, each member of the Affiliate Group is an intended third-party beneficiary of these Agreements.

33. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these Agreements and as modified or amended by Us from time to time. We may amend these Agreements at any time either by e-mailing or sending You notification of the new terms or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. If any modification is unacceptable to You, Your only alternative is to terminate these Agreements. You will be required to acknowledge acceptance of the changes. It is Your sole responsibility to review the Agreements and any revisions thereto each time You use the Services.

34. ADDITIONAL TERMS FOR USE OF THE WAGERING SERVICES

The following additional terms apply to Your use of the Wagering Services. 

34.1. Rules and Procedures of the Services

You must use the Services in accordance with the generally accepted rules set out in the Horse Racing Rules section, and the procedures relevant to the Wagering Service. You are using those specifically set out on the horseracing.betMGM.com online site, including but not limited to the Promotions section, Rules section, the Horse Racing FAQs section, and any other page that specifically relates to and governs any particular event or race.

34.2. Anti-Cheating Policy

We are committed to preventing the use of unfair practices in the Services, including, but not limited to, player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable automated computer algorithms or artificial intelligence to play or unfairly assist or enhance play on Our Platforms including, but not limited to, cheating software, automated computerized software or other equivalent mechanism, or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems (“AI Software”). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including, but not limited to, reading the list of currently running programs on a player’s personal computer, mobile device or other electronic device) and You agree not to use any AI Software or any such programs. See Our Unfair Advantage Policy for more information.

34.3. Race Wager Restrictions

As to Thoroughbred racing wagers, no wager over five hundred dollars ($500.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled online. As to Harness Racing wagers, no wager over one hundred dollars ($100.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled online. We reserve the right to refuse any cancellation which may cause substantial altering of odds, prices, or betting totals, and will certify, in writing, to a finding either allowing or rejecting such a request. This policy applies after odds, probable prices or betting totals are displayed which reflect actual wagering (i.e., first “flash” after morning line) at the racetrack.

34.4. Statistics and Live Scoring

Our website and mobile app may display times, scores, statistics, results, and other information relating to horse racing events, including, without limitation, information displayed as part of a live-streamed event. All such information is unofficial, is provided for informational and entertainment purposes only, and should not be relied upon by players for any purpose. It is the player’s responsibility to independently verify all such information. Neither BetMGM nor Our third-party providers warrant or make any representations of any kind with respect to any such information transmitted or made available via Our website and mobile app. Neither BetMGM nor Our third-party providers shall be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted or made available via Our website and mobile app, and shall not be responsible or liable for any error or omissions in that information. 

34.5. Odds Change Notifications

BetMGM’s website and mobile app display real-time odds and potential payouts when placing wagers. Change notifications may occur at any time during the wager placement process. 

35. DISCLOSURE AND USE OF NON-PUBLIC INFORMATION

Players are prohibited from disclosing or using non-public information that may affect internet wagering or the outcome of internet wagering. In the event BetMGM discovers that a player has disclosed or used non-public information that may affect internet wagering or the outcome of internet wagering, the player will be immediately banned from placing wagers via the BetMGM Services. 

36. HARASSMENT OF SPORTS OFFICIALS, COACHES, ATHLETES AND OTHER INDIVIDUALS

BetMGM maintains a zero-tolerance policy toward harassment of sports officials, coaches, jockeys, trainers, athletes, or any other individuals connected to sporting and racing events. Any player using the Services who engages in abusive, threatening, defamatory, or harassing conduct of any kind toward sports officials, coaches, jockeys, trainers, athletes, or any other individuals connected to sporting and racing events may have their account suspended or permanently terminated, at BetMGM’s sole discretion. 

37. CONTACT US

If You have any general questions regarding these Terms of Service, the BetMGM Platform or Your Account, please contact Our Customer Care team by e-mail, via the mobile portal (chat feature is included), or by phone at 862-229-0172.

PLEASE PRINT THESE TERMS OF SERVICE AND STORE THEM FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND WAGERING RULES AS APPLICABLE TO YOUR ACTIVITIES.

Underage Policy

Underage gambling is a criminal offense, and any person who facilitates someone under the age of 21 to gamble has committed a criminal offense and shall be prohibited from internet wagering.

BetMGM excludes minors (persons under the age of 21) from wagering, and We will always ask for proof of age during the registration process. We also begin an automatic identification process immediately after registration, which can require a copy of a picture ID document upon deposit or withdrawal. We take Our responsibility for preventing minors from wagering with Us seriously, and in order to offer the best possible protection of minors, We require the shared responsibility of parents. Use child protection software, such as the "NetNanny" program or the "Cybersitter" software from 27Labs, to block wagering sites from persons under 21.

If You know someone under the age of 21 who is registered with Us, please Contact Us immediately.

Unfair Advantage Policy

We are committed to taking all reasonable measures to prevent players from having an unfair advantage over other players. We forbid all unfair practices with the goal of protecting Our players and the integrity of Our systems. Our goal is to ensure a level playing field where every wager is placed on equal and transparent terms. Failure to abide by the Unfair Advantage Policy and/or engaging in other suspicious activity may result in discipline, including but not limited to permanent account closure, confiscation of funds, and in certain circumstances, criminal charges.

Unfair Practices:

Unfair practices are any practice, including but not limited to, the use of Bots (autonomous or command-executed programs on a computer or network that can interact with computer systems or users) and artificial intelligence, multiple account usage, or collusion with other players. It includes any activity that could put any other player not engaging in such activity at a competitive disadvantage, or where the unfairness in such activity is based to some extent on concealment or deception against such players. Unfair practices include, but are not limited to, the following:

1. Multiple Accounts a.k.a. Multi-Accounting:

Players may not have multiple accounts (whether in the player's name or another name). Any player associated with multi-accounting is subject to discipline, which may range from a warning to permanent account closure, confiscation of funds, and criminal charges.

2. Collusion

Collusion refers to any form of cooperation or coordinated activity between two or more persons designed to gain an unfair advantage or manipulate wagering outcomes, odds, or payouts. Players must not collaborate or engage in coordinated betting strategies intended to manipulate odds or outcomes. This includes placing bets in collaboration with one or more individuals to manipulate prices, odds, pools, or betting markets. Any player associated with collusion with other bettors, syndicates, or third parties is subject to discipline, which may range from a warning to permanent account closure, confiscation of funds, and criminal charges.

3. Account Sharing/Third-Party Account Usage:

Each player is responsible for protecting their login credentials and sharing account credentials is prohibited under Our Terms of Service. No third party (including friends and relatives) is permitted to use Your Account, access the BetMGM platform under Your name, or log into their Account on Your device. Any player who believes their BetMGM account has been compromised should inform BetMGM immediately. BetMGM is not responsible for any actions taken by a third party who gains access to any player's account. Under no circumstances will BetMGM be liable for any losses incurred by any player as a result of the mishandling of a player's access credentials by any person. All transactions and wagering where Your e-mail address and password have been entered correctly will be regarded as valid, whether authorized by You or not. Anyone found to be sharing accounts is subject to discipline, which may range from a warning to permanent account closure, confiscation of funds, and criminal charges.

4. Use of Insider or Non-Public Information

Players must not use, seek, share or benefit from insider information that is not available to the general public. This includes, but is not limited to, advance knowledge of horse fitness, injuries, track conditions, race results, or betting line adjustments. Sharing and exchanging non-public or insider information with other players is also prohibited. Any use of confidential or privileged information obtained from trainers, jockeys, owners, or racing officials constitutes a breach of this policy and is subject to discipline, including but not limited to a warning to permanent account closure, confiscation of funds, and/or criminal charges.

5. Use of Prohibited Tools, Artificial Intelligence (AI) and Bots:

"AI" is autonomous or command-executed programs on a computer or network that can interact with computer systems or users, especially one designed to respond or behave like a player. A "Bot" is software that interacts with the BetMGM platform by calculating the best available decision and executing the decision without human input. BetMGM prohibits the use of AI and Bots on its platform and across its skins. All player actions taken on the BetMGM platform must be player-generated without computer assistance. Unauthorized use of external applications, scripts, or APIs to access or manipulate betting data is forbidden. The use of predictive modeling or arbitrage tools that rely on non-public information or exploit platform timing is considered an unfair advantage. BetMGM reserves the right to withhold funds from, and deny services to, any person using a prohibited tool or service. If a player is found to have used AI, a Bot or prohibited tools in any way, they will be in breach of this policy and subject to discipline, which may range from a warning to permanent account closure and confiscation of funds.

Consequences of Unfair Practices:

Where We determine an unfair practice has taken place (in Our sole discretion, regardless of whether an unfair advantage has been gained), the person(s) responsible for that practice will be subject to one or more of the following consequences:

• A demand from BetMGM to immediately halt all unfair practices.
• Temporary suspension of the offending account(s) during an investigation into the unfair practices.
• Termination of the offending account(s) and forfeiture of all remaining funds (see Sections 5, 20, and 21 of Our General Terms of Service).
• BetMGM may report the unfair practices to its regulators, or as otherwise permitted by law and/or regulation.

BetMGM has sole discretion to determine the appropriate discipline to impose on a player upon a finding that an unfair practice has occurred.

Third-Party Content Policy

We are committed to ensuring the safety and security of Our Platforms and Our Services for all of Our players. We have created this Third-Party Content Policy to make You aware of the rules surrounding the uploading of Third-Party Content (as that term is defined in Our General Terms of Service) to Our Platforms. Please note that this Third-Party Content Policy will be agreed upon between You and Us and will form part of Your Agreements with Us. We may periodically make changes to this Third-Party Content Policy and strongly recommend that You revisit this Third-Party Content Policy regularly.

The terms of this Third-Party Content Policy are as follows:

1) We do not claim any ownership rights of any Third-Party Content (as that term is defined in Our Terms of Service and including, without limitation, player images) posted by You on Our Platforms. You agree that You are solely responsible for any Third-Party Content posted by You under Your Username.

2) You hereby grant to Us a non-exclusive, royalty-free, worldwide, perpetual license (including the right to sub-license) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third-Party Content on Our Platforms, or in connection with any promotions in all known or hereafter developed media.

3) You declare to Us that You have full power and authority to grant the license described in paragraph 2 above and that the Third-Party Content posted by You: (a) does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is not obscene or pornographic and does not contain child pornography; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) does not constitute any of the types of prohibited Third-Party Content as set out in paragraph 5 below and; (g) does not contain any viruses, trojan horses, worms, time bombs, cancel Bots or other computer programming routines that are intended to damage, harmfully interfere with, secretly intercept or capture any system, data or personal information.

4) You agree to pay for all royalties, fees or any other monies owed to any third party as a result of You posting any Third-Party Content on any of Our Platforms.

5) Prohibited Third-Party Content includes (but is not limited to) content that:

a. is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person.

b. constitutes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

c. contains nudity, excessive violence, or offensive subject matter, or links to any such content.

d. solicits personal information from anyone under twenty-one years of age.

e. contains information that poses or creates a privacy or security risk to any person.

f. contains an unauthorized copy of another person's copyrighted work.

g. includes a photograph or video of another person that You have posted without that person's consent.

Player Account

The BetMGM Horse Race Wagering platform meets the highest security standards in the industry, with a five-level security system, multiple firewalls, and Transport Layer Security ("TLS") encryption. Early-warning systems in the form of limits on unusually high wagers and winnings prevent manipulation and other criminal activities at an early stage. However, You can help Us to further increase the safety of Your Account:

• You are responsible for the safety of Your personal computer, mobile device and other electronic devices. Configure Your auto-lock features to protect them from unauthorized use.
• Keep Your access details safe at all times (e-mail address, password, and Your question-and-answer combination).
• Don't share Your Account credentials, Your credit card information or Your bank account details.
• Don't leave Your personal computer, mobile device or other electronic devices unattended when You are logged in.
• Don't use the "Save password" option on log-in screens.
• Sharing devices is discouraged by BetMGM and You are prohibited from allowing any other person to access or use Your Account.

You should change Your password regularly. If You have forgotten Your password, You can retrieve it here.

Strong Authentication/Two-Factor Authentication (2FA)

For an additional level of safety, a "Strong Authentication" setting is available to increase the level of protection on Your Account. If enabled, each time You log in to Your Account, after entering Your e-mail address and password, a one-time code is sent via SMS to Your registered mobile number. You can also request to send it to Your registered e-mail address. This one-time code will then be required to successfully log in to Your Account. You can set these options in Your 'My Account' --> 'My Account Details' --> 'Settings' --> 'Strong Authentication' tab. Please ensure that Your mobile phone number and e-mail address are up to date in Your 'My Account Details' tab.

Every new device You use to log in to Your BetMGM account will also require 2FA via SMS or e-mail.

• SMS. If You are logging in with a new unrecognized device, a 2FA pop-up notification will appear that will allow You to send a one-time code via SMS to Your registered mobile number.
• E-mail. If You prefer to perform 2FA via e-mail, You may also have the option to click on the "Send Code to E-mail" button, depending on which state You are logging in from.
• Trusted Devices. After You enter the one-time code, Your current device will be considered "trusted" moving forward, which will allow You to log in with Your e-mail and password without having to enter a one-time code.

Transaction History

You can contact Our Customer Care team at any time to obtain Your transaction history, or a copy of Our Terms of Service. You may also access Your transaction history by accessing "My Account" and following the prompts for "My Transactions".

Opting Out of BetMGM Marketing

To opt out of receiving marketing communications from BetMGM, visit the Communication Preferences tab of Your 'Account Settings', e-mail Us at optout@betmgm.com or write to Us at:

BetMGM
Attn: Privacy Policy
Harborside Plaza 2, Suite 700
200 Hudson Street
Jersey City, NJ 07311

You can also unsubscribe from receiving marketing text messages by replying STOP to any marketing text message You receive from BetMGM. You can opt out of e-mail marketing by clicking the "unsubscribe" link at the bottom of each BetMGM email.

Account Closure

If You want to take a break or stop playing on Our sites (for any reasons other than the prevention of gambling-related problems), We offer a service closure. For further information, please contact Our Customer Care team or visit the 'Service Closure' tab of Your Account Settings.

Terms of Service

You can contact Our Customer Care team at any time to obtain a copy of Our current Terms of Service, or You can visit the 'General Terms of Service' link at the bottom of Our website or app.

Standard Promotional Terms and Conditions

horseracing.betMGM.com

1. Introduction

1.1. The terms contained in this section ("Standard Promotional Terms") apply to all promotional offers available through Our Platform (each a "Promotion") and, together with any applicable specific promotional terms, which may also be referred to as "Key Terms", set out on the individual webpage for the relevant Promotion ("Specific Promotional Terms") and Our General Terms of Service and Texting Program Terms and Conditions (collectively, the "Promotion Rules"), form a legal agreement between You and Us and can only be amended with Our consent. By participating in any Promotion, You are indicating You accept and agree to be bound by the Promotion Rules. Your participation is also subject to Our Privacy Policy, which describes how We process Your personal information.

1.2. You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.

1.3. In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms and the General Terms of Service, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.

1.4. Your use of each Platform itself and of any services available through that Platform are subject to the Promotion Rules.

2. Promotions and Promotion Periods

2.1. We may, from time-to-time, run Promotions and these may take the form of bonus offers (whether real money bonuses or some other form of incentive), prize draws, competitions, contests, leagues, or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as e-mails and computer pop-ups) We issue to tell You about each Promotion (each a "Promotion Communication") or on the individual webpage for the relevant Promotion.

2.2. For the purposes of all Promotions, the promoter is the entity You have contracted with under the General Terms of Service ("We", "Us" and "Our").

2.3. The period of time during which each Promotion will run ("Promotion Period") will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. If no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the Platform.

3. Promotion Communications

3.1. Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to players from any of Our Platforms, but is limited to one per person, family, household, address or organization to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to players who fulfill specific selection criteria. If a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.

3.2. Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient, then the offer is null and void.

4. Eligibility to Participate in Promotions

4.1. To be eligible to participate in any Promotion, You must:

a. be twenty-one (21) years of age or older;

b. be physically located in the states of Louisiana, Florida or Ohio at the time of participation;

c. be legally entitled to use Our services in accordance with Our General Terms of Service;

d. have successfully completed registration on the Platform for the relevant service and opened a real money player account ("Account") in accordance with Our General Terms of Service, unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available, and subject to Section 5.2 below;

e. satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and

f. not be an Unauthorized Person (see Section 6, below); (a "Qualifying Player").

4.2. To be eligible to participate in any Promotion which is stated to be intended for new players or which is described as a "new player offer" or "sign up offer" (or similar), You must not have previously opened and made a deposit into an Account on any of Our Services. Such Promotions may not be used in conjunction with any other Promotion, unless otherwise specified in a particular Promotion's terms and conditions.

4.3. The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, e-mail address, credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.

5. Participation in Promotions

5.1. Participation in any Promotion is voluntary.

5.2. To participate in a Promotion, You must follow the instructions set out in the relevant Promotion Communication, on the individual webpage for that Promotion and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or webpage indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an e-mail to the address that is specified.

5.3. Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.

6. Excluded and Disqualified Players

6.1. Excluded and disqualified players consist of any "Unauthorized Person" as defined in Section 6.2 of the General Terms of Service.

7. Qualifying Deposits

7.1. Unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available (or such other dispensation), participation in any Promotion is subject to You having made the required minimum deposit as may be required from time-to-time into Your Account, once opened, ("Qualifying Deposit").

8. Release and Withdrawal Restrictions

8.1. In relation to some Promotions, certain release requirements or (where appropriate) withdrawal restrictions must be satisfied, in addition to the general eligibility criteria set out in these Standard Promotional Terms, before a bonus may be used, played with or (where appropriate) withdrawn, or as a condition of being eligible for a prize or to compete in a competition, contest or league. Any such additional restrictions or requirements will be contained or referenced in the applicable Specific Promotional Terms. In the event that You withdraw funds corresponding to a Bonus You have received, without having met any applicable release requirements, withdrawal restrictions or general eligibility criteria, You shall forfeit the entire sum of the Bonus and any winnings resulting from this Bonus and We shall be entitled to deduct this from Your Account.

9. Payment of Bonuses and Bonus Abuse

9.1. Subject to Section 8.1 above, unless otherwise indicated in the applicable Specific Promotional Terms, or based on Section 9.2 below, all real money bonuses will be paid into the Accounts of Qualifying Players within seven (7) days of entry into the relevant Promotion.

9.2. Your use of any real money bonuses is subject to Our review for Bonus Abuse. Bonus Abuse includes, but is not limited to, hedge betting in relation to bonus funds, multi-accounting, collusion and coordinated bonus use, deposit and withdrawal manipulation, claiming the same welcome or deposit bonus more than once, circumventing eligibility limits on promotions, and any other actions that would be deemed as circumvention of Our policies. It shall constitute Bonus Abuse to engage in any of the conduct described in this section using linked accounts, whether in the player's name or another name. Any act of Bonus Abuse constitutes a violation of these Terms and Conditions. In the event We suspect that Bonus Abuse has taken place, We reserve the right to prevent You from withdrawing Account funds; and/or withhold any of Your winnings derived from Your use of the bonus. Upon determining that Bonus Abuse has occurred, We reserve the right to suspend and/or void any wagers relating to the use of bonus funds and/or subtract from Your Account balance any funds earned through engaging in Bonus Abuse.

9.3. In the event that more than one real money bonus or any excess payment is accidentally paid to a Qualifying Player, We reserve the right, without prejudice to any other rights under the Promotion Rules, to reclaim the amount of any additional real money bonus or payment from that player's Account.

10. Prizes

10.1. With respect to cash prizes, Qualifying Players who win a prize as the result of any Promotion consisting of a draw, competition, contest or league (respectively, a "Winner" and a "Prize") must accept the relevant Prize "as is", and, with respect to non-cash Prizes, there is no right to a cash alternative unless We, in Our sole discretion, decide to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value, as determined by Us.

10.2. Prizes will be drawn at random and, provided all players must be Qualifying Players, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Player, which of Our Platforms a Qualifying Player has used, or any other factor.

10.3. All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated there, a cash Prize will be paid into the Account of the Winner. If We arrange for a non-cash Prize to be delivered to You, the delivery may need to be signed for, but in all cases We reserve the right to require that a particular Prize is made available for collection only, including without limitation if the Prize is impractical or excessively costly to deliver. In the case of a non-cash Prize, We will make all reasonable attempts to contact the Winner using their Account contact details, but if We have not been able to make contact with the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether, without liability to the Winner.

10.4. Any transactions (e.g., chargeback fees, non-sufficient funds, etc.) that cause Your Account credit balance (unrestricted funds in Your player account) to be negative must be paid to Us before any individual cash Prize is issued to You. We reserve the right to withhold any cash Prize that You win to cover Your negative account credit balance. We also reserve the right to withhold any non-cash Prize that You win until Your Account credit balance is zero or greater. Your Account credit balance must be zero or greater within 30 calendar days of You being notified of Your non-cash Prize win or such Prize may be forfeited. We reserve the right not to award a Prize or to request the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that they are entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with Section 6.

10.5. If You are competing in a contest or league and are unable, for any reason whatsoever, or choose not to progress to the next round after qualifying to do so, You will forfeit Your place and will not be eligible to receive any Prize to be awarded for the next or any subsequent round or the final Prize.

10.6. Any entitlement to receive a Prize is non-transferable.

10.7. The Winner is solely responsible for the payment of any applicable taxes in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include, but are not limited to, if the Prize consists of a motor vehicle, in relation to vehicle registration, motor insurance and driving license or, if the Prize consists of foreign travel, in relation to passport, visa and travel insurance requirements or, in relation to Prizes that are location-specific (for example, an event, activity or vacation), the cost of travel to and from the relevant location (unless the Prize explicitly includes travel or consists of a flight, train journey or sea voyage, in which case the Winner is responsible for travel to and from the point of embarkation).

10.8. If a Prize consists of an event, activity, vacation or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third-party provider or organizer, and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third-party provider or organizer. The contract in relation to any such event, activity, vacation or service will be directly between the Winner and the relevant third-party provider or organizer and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third-party provider or organizer. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, vacation or service.

10.9. If, in relation to any Prize, We make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, affiliation, sponsorship or endorsement is claimed or should be assumed from the use of these names or trademarks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation the make, model, specification, color, finish, packaging and other features.

10.10. Our offering of a particular Prize implies no affiliation on Our part with, or sponsorship, or endorsement of, the relevant third-party manufacturer, supplier, provider or organizer.

10.11. The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions or other terms are made, given or accepted by Us and no other terms shall apply, as between Us and any person, in relation to any Prize, including without limitation any terms regarding suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which We exclude to the maximum extent permitted by law.

11. Publicity and Intellectual Property

11.1. By participating in any Promotion in which You win a Prize, or which takes the form of a contest or league in which You successfully progress to a second or subsequent round, Your participation constitutes permission for Us to use Your name, image, likeness, voice, details of the country and/or city where You live, and any comments made by or attributed to You for any commercial purpose, including, without limitation, promotional, advertising, and publicity purposes, in any media, throughout the world and in perpetuity, without any compensation being payable, and without notification, permission, or approval. You also agree, if requested, to an affidavit of eligibility, release of liability, and, except where prohibited, publicity release.

11.2. Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third-party branding or advertising for any organization which We consider to be Our competitor, including without limitation any branding or advertising for any other wagering company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring Us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to request the return of any Prize awarded.

11.3. With respect to any submission or entry You make in the course of participating in any Promotion, You declare that the relevant material will be all Your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) for such material, and if moral rights exist, You agree to waive such rights. Moral rights are the rights to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to said work, that would be prejudicial to the author's honor or reputation. You agree to execute all documents and to do any other things reasonably necessary to assure Our title to such material, and to allow Us to fully use and exploit such material.

12. Currency

12.1. All references to sums of money on Our Services will be in U.S. currency.

13. Our Liability

13.1. Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.

13.2. If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or prize of any kind will be awarded.

14. Alteration and Termination of Promotions; Modification of the Promotion Rules

14.1. We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion, or the number of participants, or the value of claims.

14.2. The Promotion Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend that You revisit these Standard Promotional Terms regularly.

15. General

15.1. You may not assign or transfer any or all of Your rights or obligations under the Promotion Rules.

15.2. No third party shall have a right to enforce the Promotion Rules against Us.

15.3. Failure by Us to enforce a right under the Promotion Rules does not result in a waiver of such right.

15.4. If any part of the Promotion Rules is found to be unenforceable as a matter of law, all other parts of the Promotion Rules shall be unaffected and shall remain in force.

15.5. Our determination and decision on all matters will be final and no correspondence will be entered into regarding this. Any dispute or situation not covered by the Promotion Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and that decision shall be final and binding for all players.

15.6. If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail if there is any inconsistency.

If You have any questions, please contact Our 24/7 Customer Care team.

General Disconnection Policy - Horse Racing

Unless otherwise stated by Us, the following terms and conditions set forth the rules and procedures that govern all players' rights in the event of disconnection.

1. Disconnection protection is a tool that protects players if their internet connection is lost. BetMGM strives to offer the best disconnection protection to Our players. Our goal is to protect players, while also maintaining appropriate checks so that the protection offered is not abused.

2. Disconnection protection is not intended to be used other than in the event of a genuine disconnection. Any misuse of this policy may result in the forfeiture of any monies won, the loss of the disconnection protection privilege, or expulsion from the website.

3. Players must accept the risk of disconnection. BetMGM is not responsible for player disconnection.

4. BetMGM reserves the right to alter this policy and render final decisions on all matters herein at Our sole discretion. Policy changes and relevant decisions will be communicated accordingly by Us using electronic means.

5. BetMGM's Services, or certain betting markets, may not be available at any particular time (including due to connectivity issues).

6. Updates to the displayed information may put a player at a disadvantage compared to others who may have more up-to-date information.

7. A wager is only considered valid and binding when BetMGM has received and accepted the wager from the player, deducted the relevant funds from the player's account balance, and generated a confirmation on the Platform.

8. If the player's device, internet connection, or the BetMGM system is interrupted before the wager confirmation, the wager will not be valid and no money will be debited.

9. The player acknowledges that BetMGM's server records shall be the definitive evidence of wagers placed and confirmed.

10. If a wager has been confirmed and the player subsequently suffers a disconnection after such confirmation and before the outcome of the race has been officially determined, the wager shall remain valid and will be settled in accordance with the published result of the race.

11. The player accepts that BetMGM is not obligated to provide service compensation, refunds, or alter the settlement due to the player's disconnection.

12. In the event of a failure of BetMGM's systems, servers or the horse racing interface that prevents acceptance, confirmation or settlement of wagers, BetMGM reserves the right, at its sole discretion, to void such wagers, resettle them on a fair basis, or otherwise act in compliance with applicable regulatory obligations governing pari-mutuel or fixed-odds horse racing wagers.

13. BetMGM shall not be liable for losses, costs, or damages incurred by a player as a result of interruptions, unavailability, latency or failures of the player's internet connection, device, or third-party network or software.

14. Once a wager has been accepted and confirmed, the outcome of the race as determined by the relevant racing authority, pool operator, or BetMGM's official result shall apply for settlement, regardless of any subsequent connection status of the player.

15. The player acknowledges that any cash-out, partial cash-out, race-delay or other in-play feature may be subject to conditions or limitations by BetMGM and the applicable racing operator; in the event of disconnection, BetMGM's records and processing shall govern the result.

16. BetMGM reserves the right to amend, suspend or withdraw the Disconnection Protection policy from time to time in line with regulatory changes, technical developments or operational requirements; the version in force at the time a wager was accepted shall apply.

Player Protection (Responsible Gaming)

INTRODUCTION

At BetMGM, We believe that online gambling "when done in the spirit of fun" can offer an unsurpassed level of excitement. However, when in those instances a person exhibits problem-gambling behavior, We believe it is Our responsibility to offer information and assistance.

This page was created to inform players of the risks associated with problem gambling and to serve as a means of prevention to those who are at risk for developing a gambling problem. Please take a moment to read through this information, as it will provide You with the means to maximize Your enjoyment while gambling responsibly.

What Is Problem Gambling?

Like many other addictions, gambling addiction is rooted in an uncontrollable urge and obsession, which if left unchecked, can lead to financial hardship. Pathological gambling has been listed as a recognized psychological disorder in the international classification systems DSM-V and ICD-10 since 1980. It is defined as persistent, recurring and often increasing gambling despite negative personal and social consequences such as debt, breakdown of social relations and impairment of professional development.

Unfortunately, one of the most common symptoms of this disease is deception; people with gambling problems will go to great lengths to hide their gambling related problems, not just from others, but also from themselves. As a result, detection can come late after adverse consequences are revealed and with dire consequences. A negative vicious cycle often develops, wherein the gambler seeks relief or even a solution through increased gambling. The ensuing financial and emotional deterioration affects every aspect of the affected person's life, from family and friends to colleagues and associates.

Gambling addiction is a disease that does not discriminate. Anyone is susceptible regardless of gender, age, race, or financial status. Fortunately, once detected, it is an addiction that can be successfully treated.

The Warning Signs:

• Sacrificing time from work or family in order to gamble.
• Repeated inability to stop or control betting.
• Borrowing money to gamble or to pay off previous bets.
• Use of gambling as an emotional escape.
• Self-neglect or neglect of family due to gambling.
• Lying about time or money lost to betting.
• Gambling more in order to recoup previous losses ("chasing losses").
• Obtaining money for gambling by selling/pawning personal property.
• Feelings of hopelessness, depression or suicide.

We strongly encourage all of Our players to know their limits and stay within them. Review the rest of this information to find out more about how We're creating a fair and responsible gambling environment for everyone to enjoy.

BASIC PRINCIPLES

BetMGM aims to provide the world's safest and most innovative betting platform. With Our fair and responsible product line-up, every user can play within their financial means and receive the best service possible. BetMGM commits itself to integrity, fairness and reliability and We always do Our best to prevent gambling-related problems.

Together with leading research institutes, associations and counselling providers, We have developed measures that ensure a responsible, safe and reliable place for online gambling.

• Real Fairness

It is Our responsibility to create a gambling environment that is founded on the spirit of fair play. The trust of Our players is fundamental to Our success. Player confidence is reliant on Us safeguarding the fairness of the Platform and protecting Our players against fraud. We work closely with independent authorities which monitor the fairness of the gambling products We offer. When it comes to fraud and manipulation, Our dedicated investigation and online monitoring teams ensure Your protection.

• Real Security

BetMGM is subject to strict regulatory oversight, and We comply with a wide range of laws, rules, standards and regulations throughout various jurisdictions. Regular verification of compliance by means of independent reviews confirms that Your deposits are kept safe in segregated accounts and that Your personal data is protected.

• Real Prevention

For many people around the world, gambling is a great source of entertainment. Unfortunately, some players experience problems related to their gambling, which vary in degree from mild to very severe. We are committed to identifying risks as early as possible and intervening to prevent these problems before they emerge. We have in place a Responsible Gaming program which includes controls to help players play within their limits and avoid a situation where gambling causes problems (see section "Setting Player Wagering Limits").

• Real Education

GameSense was introduced by the British Columbia Lottery Corporation in 2009 and has earned international recognition, such as the World Lottery Association's 'Best Overall Responsible Gambling Problem' and the U.S. National Council on Problem Gambling's 'Social Responsibility Award'. GameSense combines recommendations on responsible gaming with interactive tools and exhibits meant to engage patrons through various digital platforms, including the comprehensive website and associated social media channels.

Responsible Gaming Behavior

By observing the following rules, You will be able to better enjoy Your gambling experience:

• Gamble for fun and not as a way to earn money.
• Only play when You are relaxed and concentrated.
• Take regular breaks.
• Keep track of Your gambling. Consult the overview of Your gambling transactions in Your Account.
• Decide Your monthly gambling budget in advance.
• Only gamble what You can afford to lose.
• Independently of Our standard deposit limits, You may set a lower amount as Your own personal limit.
• Once You've set Your limit, stay within it. Increasing it later may lead to excessive play.
• Before You start playing, decide the winning amount at which You will stop wagering.
• Decide beforehand how high Your losses can be, and be comfortable stopping once You've reached Your limit.
• Never play under the influence of alcohol or medication.
• Never play if You are feeling depressed.

There are myths associated with gambling, such as:

• My luck will change if I keep gambling and I'm sure I'll win my money back.
• I am due for a win.
• If I wager on multiple races at a time, I'll increase my chances of winning.
• I have a special strategy that helps me win.
• I have a gut feeling that today is my lucky day.

While having rituals and believing the next wager is "the one" can be fun and add to Your enjoyment, it's important to understand just how random the race events are.

There are many risks associated with problem gambling, including:

• A negative impact on relationships and family life.
• Financial difficulties, including maxing out credit cards and increasing debts.
• A range of emotional, physical, and psychological health problems.
• An adverse effect on an individual's ability to perform well at work.

We would like to stress that diagnoses relating to clinical disorders, such as problem gambling, can only be made by trained specialists. This page offers material which will allow You to quickly assess and consider Your own behavior. If You can identify with four or more of the following characteristics, We recommend that You speak to a professional:

• Are You highly involved in gambling?
• Do Your thoughts constantly turn to gambling?
• Are You constantly increasing Your stakes? Even beyond Your financial means?
• Have You unsuccessfully attempted to quit or cut down Your gambling?
• Do You become irritated and frustrated after attempting to reduce the extent of Your gambling?
• Does gambling serve as a means of getting away from problems or unpleasant feelings?
• Have You ever tried to win back losses by taking risks You usually would not take?
• Have You ever lied about the extent or success of Your gambling?
• Has Your gambling ever led to a negative impact on Your relationships or Your job?
• Have You ever been forced to rely on others to finance Your gambling?

BetMGM offers a variety of responsible gambling tools to help players stay in control of their gambling. To learn more about these tools, visit the Responsible Gaming section under 'My Account'.

SETTING PLAYER WAGERING LIMITS

We offer a range of different options that can be used to manage Your wagering activity at any time. This includes tools which allow You to limit the amount You can deposit or lose; time limits to help You control how much time You spend gambling; or the option to place a wagering "timeout" on Your Account for a period of time.

Once established, any decrease to these limits (e.g. $100 to $90) will be effective immediately and You will receive an instant pop-up notification. Any increase to these limits (e.g. $100 to $110) will become effective only after the time period of the previous limit has expired and after an additional confirmation of the request. Increased or removed daily limits have a 72-hour waiting period. All weekly limits increased or removed between Monday and Thursday will take effect on the upcoming Monday at 12AM. All weekly limits increased or removed between Friday and Sunday will take effect at 12AM on the second Monday following the request. Most increased or removed monthly limits take effect on the first day of the upcoming month. If there are less than 3 days left in the month, the change will take effect on the first day of the second month following the request.

Deposit Limits

Deposit limits specify the maximum amount of money You can deposit into Your account in a day, week and/or month. Please go to My Account --> Settings --> Responsible Gaming --> Responsible Gaming Limits --> Deposit Limit.

Loss Limits

Loss limits specify the maximum amount of funds You can lose during a period of time. Winnings do not count toward this limit. Please go to Please go to My Account --> Settings --> Responsible Gaming --> Responsible Gaming Limits --> Loss Limit.

Time Limits

Time-based limits specify the maximum amount of time You may spend per day playing on the website (time is measured hourly from the time You log in to the time You log out). You can limit the amount of time You can play from 1 to 23 hours per day. When You reach the limit, You will no longer be able to place any wagers until the next day. Please go to Please go to My Account --> Settings --> Responsible Gaming --> Responsible Gaming Limits --> Session Time Limit.

Timeout/Cooling Off Period

Should You need a timeout ("cooling off") period from gambling, You can choose Our timeout option. The timeout must be for a minimum of 3 days (up to a maximum of 1 year) and during that time You will not be able to login to place a wager, make a deposit or change any information on the "Personal Details" page. You will be allowed to login and request a withdrawal for any remaining account balance. If Your account balance is less than the accepted withdrawal amount, please contact the Customer Care team. The account will not be reactivated under any circumstances during that period (unlike a standard account closure request). The account will be automatically reenabled after the selected timeout period has passed. Please go to Please go to My Account --> Settings --> Responsible Gaming --> Time-Out.

Operator-Imposed Restrictions and Exclusion

BetMGM reserves the right, in its sole discretion, to determine whether You are interacting with the Services in a responsible way in accordance with BetMGM's responsible gaming policies, and We may impose stricter responsible gaming limits than those selected by You. BetMGM reserves the right to temporarily or permanently exclude players based on communications or activities that do not align with Our responsible gaming policies. Any concerning communication or activity will be subject to review until We can confirm that the player can continue using Our Services responsibly.

Closing Your Account

If You want to permanently close Your account for responsible gaming reasons, please contact Our Customer Care team.

CONTACT INFORMATION

There are several support organizations available which offer valuable information and advice across a range of areas. Contact information for each organization can be found below.

National Council on Problem Gambling
www.ncpgambling.org

Gamblers Anonymous
www.gamblersanonymous.org

Florida Gambling Help
https://gamblinghelp.org
1-888-ADMIT-IT

Louisiana Gambling Help
https://www.helpforgambling.org
877-770-7867

Ohio Gambling Help
https://ohio.gov/responsible-gambling
1-800-589-9966

QUESTIONS

If You have any questions related to responsible gaming, please get in touch with Our Responsible Gaming team. You will receive a response as soon as possible. For immediate assistance, please contact Our Customer Care team via the mobile portal (chat feature is included), via e-mail or by phone at 862-229-0172.