Bally Bet General Terms and Conditions
These terms and conditions (the “Terms”) were last updated on November 9, 2023 and are effective from November 9, 2023.
IMPORTANT – PLEASE READ
BY USING THE BALLY BET PLATFORM (AS DEFINED BELOW), YOU ACCEPT THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BALLY BET PLATFORM AND REGISTERING AS A PATRON. YOU SHOULD ALSO READ ANY ADDITIONAL TERMS (AS DEFINED BELOW), INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT WISH TO ACCEPT THE TERMS OR ANY ADDITIONAL TERMS, YOU SHOULD NOT USE THE BALLY BET PLATFORM.
IF YOU HAVE ANY QUESTIONS RELATING TO THE BALLY BET PLATFORM OR THESE TERMS, PLEASE CHECK OUR FAQS OR SEND AN EMAIL TO SUPPORT@BALLYBET.COM. YOU CAN REQUEST A COPY OF THE TERMS AND THE ADDITIONAL TERMS BY CONTACTING US USING THESE METHODS. PLEASE ALSO PRINT AND RETAIN HARD COPIES FOR YOUR RECORDS.
1. INTRODUCTION
1.1 The Bally Bet Platform is made available by Bally’s Interactive, LLC, d/b/a Bally Bet (referred to as “Bally Bet”, the “Company”, “we” and “us”), which is a Delaware limited liability company. The Company is licensed and regulated by the Regulator (the Indiana Gaming Commission) pursuant to a Sports Wagering Vendor license issued in accordance with Indiana Code section 4-38 and 68 Indiana Administrative Code section, and is responsible for the management and control of sports wagering operations for the purposes of operating and offering real-money Internet-based, mobile application-based and/or retail-based sports wagering services via the Bally Bet Platform in the Authorized Gaming Jurisdiction (and, as applicable, all Alternative Supported Jurisdictions) (the “Services”). As a Sports Wagering Vendor (“Vendor”), Bally Bet acts on behalf of and under agreement with Bally’s Casino Evansville (Aztar Indiana Gaming Company, LLC), as a Sports Wagering Certificate of Authority Holder, in accordance with IC 4-38 and 68 IAC 27.
1.2 The Products and Services of the Bally Bet Platform are provided and operated on our behalf by companies within a group of parent, affiliate and subsidiary companies of Bally’s Corporation (the “Bally’s Group”), together with third party service providers. Bally’s Corporation is a Delaware limited liability company with its headquarters at 100 Westminster Street, Providence, Rhode Island, 02903. Each of the companies in the Bally’s Group may exercise any of our rights and fulfil any of our obligations under these Terms, and references to “Bally Bet”, the “Company”, “we” or “us” will include each of the companies in the Bally’s Group, acting in such capacity on our behalf. However, these Terms will apply to the use of the Bally Bet Platform regardless of what party or parties may act as our service provider for its operations.
1.3 Notwithstanding anything contained in these Terms, the Bally Bet Platform and the Services are provided in accordance with, and subject to the provisions of Applicable Laws, and these Terms together with any other terms, conditions, rules, policies, and internal controls developed by us for the operation of the Bally Bet Platform.
1.4 In these Terms, we will refer to you as "you", "your" and "Patron".
1.5 Your use of the Bally Bet Platform and its Products and Services is strictly subject to all Applicable Laws.
1.6 These Terms form a legally binding agreement between you and us.
1.7 These Terms will apply when you use the Bally Bet Platform, its Products or its Services and govern the terms of your Wagering, and supersede any previous agreements in relation to your use of the Bally Bet Platform.
1.8 In addition to these Terms, you must comply with the documents referred to in these Terms (collectively, the “Additional Terms”) when you use the Bally Bet Platform, its Products or its Services, including the following:
1.8.1 the Privacy Policy, which can be found here, and describes how your personal data will be processed and protected by us;
1.8.2 The Privacy Policy of any relevant Service Party where we are required to ensure our Patrons comply with such Privacy Policy, which can be found here, and describes how your personal data will be processed and protected by such Service Party;
1.8.3 the Sports House Rules, which can be found here;
1.8.4 the Standard Promotional Terms and Conditions, which can be found here;
1.8.5 any terms, conditions and rules specific to individual offers, promotions and competitions (each, the “Specific Promotional T&Cs”); and
1.8.6 any other terms, conditions, policies, rules, instructions such as 'How to Bet’ information for a specific Product or offer, content provided in any ‘Help and FAQs’ section providing any instructions or additional terms and conditions about a Product or offer, and any other instructive documents relating to the Bally Bet Platform that we may publish on the Bally Bet Platform from time to time (each, the “Special Rules”).
1.9 In the event of conflict between these Terms and each of the Additional Terms described in Section 1.8, the descending order of precedence is: (1) our Privacy Policy; (2) the Specific Promotional T&Cs; (3) Section C of the Sports House Rules; (4) Sections A and B of the Sports House Rules; (5) these Terms; (6) the Special Rules; (7) the Standard Promotional Terms and Conditions; and (8) any applicable Privacy Policy of any relevant Service Party. For example, in the event of conflict between our Privacy Policy and these Terms, our Privacy Policy will take precedence.
1.10 We may change these Terms and the Additional Terms at any time. Where we make a change and where required to do so by Applicable Laws, we will post the revised Terms on this webpage and the revised Additional Terms on their respective webpages for your acknowledgement. Any changes will be effective upon publication immediately (unless otherwise stated). Your continued use of the Bally Bet Platform constitutes ongoing acceptance of these Terms and the Additional Terms as they are updated from time to time. We recommend that you revisit and read these Terms regularly to stay updated on the latest version of the Terms and the Additional Terms.
1.11 YOU AGREE THAT YOU ARE 21 YEARS OR OLDER AND LOCATED WITHIN THE GEOGRAPHICAL BOUNDARY OF THE AUTHORIZED GAMING JURISDICTION WHEN ACCESSING THE BALLY BET PLATFORM. By accessing the Bally Bet Platform, you hereby agree and consent that we may use your personal information and location to make a determination as to your eligibility to use the Bally Bet Platform. You also agree and consent to your personal information and location being shared with third parties for the sole purpose of making a determination on your eligibility. You acknowledge that any attempt to circumvent these procedures is a direct violation of not only these Terms but also Applicable Laws, and we may report any violations to the Regulator in accordance with our obligations to the Regulator. Your eligibility to use the Bally Bet Platform is determined by us in our sole discretion, and we accept no liability if you are deemed ineligible to use the Bally Bet Platform or place any Wagers.
1.12 In these Terms, where we use capitalized words, they will have the following meanings:
1.12.1 “Affiliates” means, collectively, the companies in the Bally’s Group, any third party service providers providing services or any Product in connection with the Bally Bet Platform, any of our third party licensors, together with the directors, officers, members, employees, agents, licensors, service providers and affiliates of such companies in the Bally’s Group and such third party service providers.
1.12.2 “Applicable Laws” means Indiana Code section 4-38, Indiana Code section 4-33 (as amended), 68 Indiana Administrative Code, and related license conditions, codes of practice and agency directives, as applicable, together with any other applicable state and federal laws, statutes and regulations in force at the relevant time (as amended from time to time) in the Authorized Bally Bet Instance (and, as applicable, all Alternative Supported Jurisdictions.
1.12.3 “Authorized Bally Bet Instance” means the configuration of the Bally Bet Platform that is made available in the Authorized Gaming Jurisdiction, located at the principal URL https://www.ballybet.com/.
1.12.4 “Alternative Supported Jurisdiction” means any state of the United States other than the Authorized Gaming Jurisdiction in which the Bally Bet Platform is operated and controlled by or on behalf of us, including any native mobile applications, desktop applications, device-specific applications, desktop websites and/or mobile websites as made available in such state.
1.12.5 “Authorized Gaming Jurisdiction” means the non-tribal lands of the State of Indiana.
1.12.6 “Bally Bet Platform” means the online Bally Bet sportsbook (including any native mobile applications, desktop applications, device-specific applications, desktop websites and/or mobile websites) and all Intellectual Property Rights therein as operated and controlled by or on behalf of us in: (a) the Authorized Gaming Jurisdiction as the Authorized Bally Bet Instance; and (b) where relevant, all Alternative Supported Jurisdictions.
1.12.7 “Bonus” means any promotional offer, bonus or reward as defined in the Standard Promotional T&Cs (as they are updated from time to time) that is released into an account when a Patron meets any relevant qualifying requirements in accordance with the Standard Promotional T&Cs and any specific terms and conditions as applicable.
1.12.8 “Cash” means unconstrained real-money that a Patron may use to Wager or withdraw from their account at any time.
1.12.9 “Cash Out” means where you select to accept an offer from us to fully Settle your Wager prior to its usual completion and the relevant amount of money of the offer is thereafter credited to your account balance. The term “Cashed Out” will be construed accordingly.
1.12.10 “Event” means any sports match, game or event, betting market and/or any event, contingency or product that can be Wagered on for real-money via the Bally Bet Platform at any time, including a Linked Product.
1.12.11 “Event Beyond Control” means an event beyond our reasonable control which prevents us from providing all or part of the Bally Bet Platform and/or the Products or fulfilling any of our obligations under these Terms. Such events may include but are not limited to an act of God, an epidemic or pandemic, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including any denial, suspension or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lock-out, or industrial action of any kind.
1.12.12 “Full Protective Measures” means one or more of the following actions and measures that we will be entitled to take in our sole discretion against your account in those circumstances as set out in these Terms: (a) suspend your account pending investigation; (b) void any Wagers, Bonuses and winnings from Wagers and Bonuses; (c) refund or withhold any monies contained in your account (including any funds you deposited as permitted by Applicable Laws); (d) notify the proper authorities of the suspected activity (such as state and federal regulatory authorities, governing bodies, financial institutions or law enforcement agencies to assist with any investigation); (e) notify any interested third party service providers; (f) close your account/s following investigation; and/or (g) bar you from future access and use of the Bally Bet Platform and the Services, or any other services of Bally Bet or the Bally’s Group. Full Protective Measures will be modified as necessary to comply with Applicable Laws in the Authorized Gaming Jurisdiction.
1.12.13 “Group Website” means any website or application on any device (other than the Bally Bet Platform) and all Intellectual Property Rights therein as operated and controlled by or on behalf of the Bally’s Group, including any of such website or application’s native mobile applications, desktop applications, device-specific applications, desktop websites and/or mobile websites.
1.12.14 “Intellectual Property Rights” means all intellectual property rights, including: copyright, patents, trademarks, design rights, moral rights, domain names, and confidential information and any similar rights (whether registered or unregistered).
1.12.15 “Linked Product” means any Event that Patrons and Network Users can participate in at the same time together, as may be made available on the Bally Bet Platform by us from time to time.
1.12.16 “Malfunction” means a malfunction or an error (whether technical or human) in the functioning of the Bally Bet Platform or its Products or Services or a Group Website, including an error in the published odds, statistics or other information about an Event (notwithstanding that some information may be slightly time delayed), an obvious error or glitch in our accepting a Wager (such as where the Event being Wagered on has already concluded), a Product not working in accordance with its published rules, an error in the hardware or software used by us resulting in an error in the functioning of a Product, or a Product producing unintended results as a result of any direct or indirect error, glitch or system failure in the functioning of the Product (such as Payout limits being exceeded in a given day), errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you which you are not due).
1.12.17 “Network User” means users who are registered with a website, application or service owned and/or operated by a Group Website.
1.12.18 “Patron” means a user of the Bally Bet Platform who successfully registers and holds an account on the Bally Bet Platform.
1.12.19 “Payout” / “Return” means the amount stated at the time you place the Wager as the potential payout or return available to you if your Wager wins.
1.12.20 “Platform Content” means any content provided by us on or via the Bally Bet Platform, including information, materials, documents, images, graphics, logos, designs, audios, videos (including live stream videos), Scores Data, and Payouts.
1.12.21 “Product” means, collectively, the Events and Linked Products.
1.12.22 “Prohibited Person” means those persons described in Sections 2.3.1, 2.3.2 and 2.3.3, being the persons who are prohibited from carrying out the activities with respect to the Bally Bet Platform in the Authorized Gaming Jurisdiction as described in Sections 2.3.1, 2.3.2 and 2.3.3.
1.12.23 “Regulator” means the Indiana Gaming Commission, https://www.in.gov/igc//, which is granted powers under Applicable Laws to ensure that its licensees conduct operations in accordance with their licenses.
1.12.24 “Scores Data” means the scores, fixtures, timings, line-ups and statistics of any sports match, game or event or any similar event as made available on the Bally Bet Platform, whether in real time (including via live stream videos) or as final results.
1.12.25 “Service Parties” means, collectively, Bally Bet, the companies in the Bally’s Group and any third-party service providers providing products (including any Product) and/or services in connection with the Bally Bet Platform. The term “Service Party” will be construed accordingly.
1.12.26 “Settle” means the outcome of a Wager, including (if applicable) us paying winnings into your account balance where a Wager settles in your favor. The terms “Settled”, “Settles” and “Settlement” will be construed accordingly.
1.12.27 “Wager” means (i) a bet or stake on an Event; or (ii) when a Patron uses Cash and/or constrained currency (such as a Bonus) to place a wager, bet or stake on an Event or otherwise participate in a Product. The terms “Wagered”, “Wagers” and “Wagering” will be construed accordingly.
2. OPENING YOUR ACCOUNT
2.1 Patron Requirements: To register as a Patron, use the Bally Bet Platform, place Wagers for Cash, and/or use any of the Products and Services we make available to Patrons from time to time on the Authorized Bally Bet Instance, you must:
2.1.1 be 21 years of age or over (the “Minimum Age”) at the time of creating your account. We may ask for additional information to confirm your age at any time;
2.1.2 be physically present in the Authorized Gaming Jurisdiction to Wager. We may ask for additional information to confirm your location at any time. Please see Section 5 for more information;
2.1.3 not be excluded by Applicable Laws from using the Bally Bet Platform or websites or applications that offer the same or similar services to the Bally Bet Platform, including if you are: (a) self-excluded; (b) listed at any time on any list of excluded or prohibited persons of the Regulator or by an Indiana tribe; or (c) a Prohibited Person;
2.1.4 register with us using your own full legal name, for your sole benefit and you must not register or Wager on behalf of anyone else;
2.1.5 use a payment method that is permitted for depositing in the Authorized Gaming Jurisdiction, permitted by us, and that is registered in your name, such as a valid bank account, credit card or alternative;
2.1.6 fully and accurately complete the required information on the registration form;
2.1.7 comply with these Terms and the Additional Terms at all times in relation to your use of the Bally Bet Platform.
2.2 Failure to meet the Patron Requirements: If we become aware that you do not satisfy any of the requirements set out in Section 2.1, we may invalidate and close your account.
2.3 Prohibited Persons and Prohibited Wagering:
2.3.1 The following persons may not create or hold a Patron account or engage in any Wagering on the Authorized Bally Bet Instance:
2.3.1.1 any individual whose creation or holding of an account may undermine the integrity of any Wagering or any Event;
2.3.1.2 any person who is prohibited by the Regulator or Applicable Laws from placing Wagers or for other good cause, including: (a) any individual placing a Wager as an agent or proxy; (b) any person who is an athlete, coach, referee, player, in, or on, any Event overseen by that person's sports governing body, based on publicly available information; (c) a person who holds a position of authority or influence sufficient to exert influence over the participants in the Event, including coaches, managers, handlers, or athletic trainers; (d) a person with access to certain types of exclusive information on any Event overseen by that person's sports governing body based on publicly available information; or (e) a person identified by any lists provided by a sport’s governing body to the Regulator;
2.3.1.3 a member of the Regulator, an employee of the Regulator, an agent of the Regulator, or the spouse of a member, employee, and/or agent of the Regulator. A member, employee, or agent of the Regulator may participate in sports wagering if that person: (a) has received the written authorization from the executive director of the Regulator or the executive director’s designee to participate in sports wagering as part of the person’s employment; and (b) is participating only to the extent authorized by the executive director or the executive director’s designee;
2.3.1.4 any individual that meets the definition of “Prohibited Sports Wagering Participant” under 68 IAC 6-1 including, but not limited to, (i) an individual that is prohibited under IC 4-38 from participating in sports wagering; (ii) an individual listed on the Regulator’s exclusion list kept under 68 IAC 6-1 or that has a voluntarily excluded person status as defined under 68 IAC 6-3; (iii) an individual that has signed up for statewide Internet self-restriction; (iv) an occupational licensee employed by or associated with a supplier licensee; and (v) an individual whose participation may undermine the integrity of the wagering or the sports event or who is excluded from wagering for other good cause, including but not limited to, an attempt to place a wager as an agent or a proxy.
2.3.1.5 any “key employees” or other employees of Bally Bet and the Bally’s Group, whether acting in their own name or on behalf of another employee, friend, relative or any other person;
2.3.1.6 any person who is prohibited from Wagering with us by any term of their contract of employment; and
2.3.1.7 any person who does not meet the Patron Requirements set out in Section 2.1.
2.3.2 An individual whose participation in a Wager or Event may undermine the integrity of that Wager or Event may not place such a Wager or participate in such an Event.
2.3.3 No member of an athletic organization may place a Wager on the Events of the organization with which they are associated, including athletes, coaches, managers, trainers, medical personnel, officials, team affiliates, employees, contractors, owners of any professional or collegiate teams, or other individuals who participate in an authorized sporting event that is the subject of Wagering, or persons who are employed in a position with direct involvement with such aforementioned persons.
2.3.4 We reserve the right to void your Wagers and any winnings where we become aware based on reasonable evidence that a Patron has an affiliation that means the Patron has, or has access to, information about an Event that may put that Patron at an advantage over other Patrons notwithstanding that the Patron is not a member of any athletic organization relevant to the Event; for example if you are in possession of detailed knowledge (not publicly available) about a certain Event, irrespective of that knowledge being based on professional or personal relations to any member of any relevant athletic organization relevant to the Event.
2.3.5 All Patrons will be prohibited from placing any Wagers on:
2.3.5.1 high school and other amateur youth sporting events, e-sports, or any event not approved by the Regulator;
2.3.5.2 individual actions, events, occurrences or non-occurrences to be determined during an Event that is a collegiate sports event, including on the performance or non-performance of a team or individual participant during an Event that is a collegiate sports event. This Section 2.3.5.2 does not prohibit Wagers on the overall outcome of an Event that is a collegiate sports event or seasonal awards based on a Patron’s cumulative overall play.
2.3.5.3 an e-sports event, as prohibited under Indiana Code 4-38-5-4(b).
2.3.6 We reserve the right to void your Wagers and any winnings and terminate your account if you are in breach of this Section 2.3 or if we believe based on reasonable evidence that you are in breach of this Section 2.3.
2.4 Alternative Supported Jurisdictions: You may register with the Bally Bet Platform while located either in the Authorized Gaming Jurisdiction or in an Alternative Supported Jurisdiction. Once you have opened an account with the Bally Bet Platform, you may use the Bally Bet Platform via a single wallet across the Authorized Gaming Jurisdiction and, as applicable, all Alternative Supported Jurisdictions, subject to Applicable Laws and the terms and conditions of these Terms.
2.4.1 To use the Bally Bet Platform and place Wagers from any Alternative Supported Jurisdiction, you must:
2.4.1.1 accept any terms and conditions that apply and that we make available to you in respect of the relevant Alternative Supported Jurisdiction (in addition to accepting the terms and conditions of these Terms as required in respect of the Authorized Gaming Jurisdiction). Your use of the Bally Bet Platform in the Alternative Supported Jurisdiction will be governed by such terms and conditions (instead of these Terms). You can view a copy of the terms and conditions applicable in respect of each Alternative Supported Jurisdiction by following the links made available at the end of this document; and
2.4.1.2 comply with any other requirements as relevant to such Alternative Supported Jurisdiction, such as passing the necessary ‘Know Your Customer’ verification checks as required by Applicable Laws or by us (where we have notified you) in respect of that Alternative Supported Jurisdiction.
2.4.2 If you fail to comply with our requirements in respect of any Alternative Supported Jurisdiction, we may either suspend your use of the Bally Bet Platform in respect of the relevant Alternative Supported Jurisdiction or suspend your use of the Bally Bet Platform entirely across both the Authorized Gaming Jurisdiction and all relevant Alternative Supported Jurisdictions. We may also close your account in accordance with Section 10 below.
2.5 We aim to make eligible Events and Wager types available, but this availability may vary by jurisdiction. It is our sole discretion as to which Events and Wager types are available for Wagering. Additionally, certain promotion and bonus eligibility or redemption may be available in an Alternative Supported Jurisdiction but not in the Authorized Gaming Jurisdiction. We are not responsible for any ineligibility or redemption failure if the certain promotion or bonus is not available in the Authorized Gaming Jurisdiction. It is your responsibility to check the promotion or bonus eligibility as made available in the Specific Promotional T&Cs.
3. NO MULTIPLE ACCOUNTS
3.1 You may only have one (1) active account on the Bally Bet Platform at any one time.
3.2 You may never access the Bally Bet Platform by means of another person’s account or permit any other person to access the Bally Bet Platform using your account. You agree not to transfer any funds to any other Patron or account holder.
3.3 If you: (a) attempt to open more than one (1) account under your own name or under any other name; (b) attempt to use the Services by means of any other person’s account; or (c) permit another person to access the Bally Bet Platform or use the Services using your account, then we will be entitled to take Protective Measures in respect of your account. Where required in accordance with our obligations to the Regulator, we will also be entitled to report any such actions to the Regulator.
3.4 In the event your account is associated in any way with any existing account that has been terminated, or if your account is associated with, or related to, existing inactive accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said account.
3.5 You agree that we may use any data collected from your account or a third party to make a determination to take Full Protective Measures.
3.6 Transfer of Accounts and Funds Between Accounts. Your account is unique to you. You agree not to sell, transfer or acquire accounts to or from other Patrons or attempt to do so. No funds (including any winnings) or Bonuses may be transferred between accounts.
4. ‘KNOW YOUR CUSTOMER’ VERIFICATION
4.1 It is a criminal offense to Wager or allow another person who is under the Minimum Age to participate in Wagering, including participate in services provided on websites that are the same as or similar to the Bally Bet Platform. If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in Wagering, or if we suspect that you are not of the Minimum Age, we may terminate your account and any winnings will be null and void or may be paid to the Regulator. No claim may be made against us in these circumstances. Any initial deposits made by a Patron in such account will be reported to the Regulator and may be subject to forfeiture or other disposal as may be directed by the Regulator pursuant to regulations. We may refuse to refund any Bonuses or winning funds provided to or gained by a Patron in violation of these Terms.
4.2 When considering your Patron registration application and certain deposit and withdrawal transactions, we may share your information with an independent risk management provider to verify your age, name, address and social security number or any other information that you provide to us. In performing these ‘Know Your Customer’ verification checks, the risk management provider may keep a record of your information. The purpose of such checks is to confirm your age, identity and geographic location only. Such checks should not impact your credit score or creditworthiness. These checks enable accounts to be opened more quickly, reduce the need to obtain age and identification documents and assist us with our age verification licensing obligations and crime and fraud prevention program. You hereby consent to our making of such an inquiry of any credit reporting agency for this purpose.
4.3 If we cannot satisfactorily complete our age and identity verification process, we may ask you to provide personal identification documents to further confirm and validate your age and identity. Such checks may include (but may not be limited to): (a) proof of your age (with a passport or any other government issued identity document providing your date of birth); (b) proof of your address (with a current utility bill or a bank or card statement); and (c) proof of your identity (with a valid government-issued identity card, driver’s license, social security number, passport identification (for non-U.S. residents), a current utility bill or bank or card statement). We may request notarized document copies, meaning the documents must be stamped and attested to by a notary public. We reserve the right in our sole discretion to request additional information from you or as may be required by Applicable Laws. Should the documents fail our internal security checks (for example, if we suspect that the documents have been tampered with or are in any way provided to mislead or misrepresent), we will be under no obligation to accept such documents as valid and will be under no obligation to provide feedback on the exact nature of our findings with regard to the documents. We may suspend your account until you have satisfactorily completed these checks or we may terminate your account. In such circumstances, we may in our sole discretion refuse to refund any Bonuses or winning funds provided to or gained by you. Any initial deposit funds in such account will be returned to you. We will communicate all requests to you via the ‘My Account – Confirm My Details’ section of the Bally Bet Platform and also by email.
4.4 You understand and agree to us performing background checks on you for any reason related to the Services at any time, including any identity checks or any inquiries into your personal history, which may include accessing financial information where publicly available. The basis for such checks will be dependent on the specific case, and could include verification of your registration details, such as the name, address and age, verification of financial transactions, verification of gaming activity and verification of your ability to Wager. We will be under no obligation to advise you of such checks taking place and we may use third party companies and social media sites in conducting such checks. Following such checks, we may decide in our sole discretion to: (a) restrict the amount you may deposit and Wager and/or the frequency of your Wagering activity for a specific or indefinite period of time; and/or (b) suspend your account and withhold all funds.
4.5 We maintain no liability for your inability to access or use the Bally Bet Platform or to place Wagers while confirming your identity or location. We may retain any user data and documents provided for an indefinite period.
4.6 Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Patron, you will be issued a personal account and sent confirmation of your registration by email. You cannot use the full functionality of your account, including processing any withdrawals until you have confirmed your email address by clicking on the link in your registration confirmation email. If you have entered an incorrect email address at the time of registration, you can update your details in the ‘My Account’ section of the Bally Bet Platform.
4.7 Declined Applications: We may decline acceptance of an account application at any time and for any reason. You agree that we are not liable for your inability to participate on the Bally Bet Platform.
5 LOCATION VERIFICATION
5.1 There are certain federal prohibitions and restrictions regarding Internet sports wagering (including 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§3163 through 3167 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of the Authorized Gaming Jurisdiction to engage in Internet wagering on a sportsbook. The availability of the Bally Bet Platform outside of the Authorized Gaming Jurisdiction does not constitute an offer, solicitation or invitation by us for the use of our Services outside of the Authorized Gaming Jurisdiction. We will not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Bally Bet Platform.
5.2 As further noted in our Privacy Policy, we and our Service Parties utilize several current technologies, and may use future technologies, in order to verify your physical location while you are Wagering on the Bally Bet Platform (collectively, the “Geolocation Technologies”), and you agree to comply with our requirements in connection with verifying your physical location at the time of Wagering. The Geolocation Technologies report to us, our Service Parties and/or the Regulator the physical and geographic location from the mobile phone, computer, tablet or other Internet-connected device and/or the Wi-Fi or cellular data networks that you choose to use and from which you access the Bally Bet Platform. The Geolocation Technologies obtain your physical location by accessing your Internet Protocol (IP) address, MAC address, RFID, hardware embedded article/production number, embedded software number (such as UUID, Exif/IPTC/XMP or modern steganography), Wi-Fi positioning system, or device GPS coordinates (collectively, the “Location Data”). It is possible that your precise or near-precise physical location will be reported to us, our Service Parties and/or the Regulator when you use the Bally Bet Platform, and you have agreed to use the location verification service (the “Location Service”) on your device to permit the collection of location coordinates.
5.3 Your Location Data may be gathered at any time, including at the time you access a Product using your mobile phone, computer and/or tablet device. We and/or our Service Parties may collect your Location Data prior to your registration with the Bally Bet Platform (the “Initial Location Check”) for the purposes of determining which configuration of the Bally Bet Platform should be displayed to you as permitted by Applicable Laws. If we identify after your registration with the Bally Bet Platform that:
5.3.1 your location differs from the location that we identified via the Initial Location Check and we determine that you are not located in the Authorized Gaming Jurisdiction and that you are instead located in an Alternative Supported Jurisdiction, we may either: (i) permit you to continue to log into the Bally Bet Platform but prohibit you from placing Wagers until such time as we have verified that you are located in the relevant Alternative Supported Jurisdiction and are permitted to place Wagers from the relevant Alternative Supported Jurisdiction; or (ii) require you to log out of the Bally Bet Platform and log in again prior to placing Wagers from the relevant Alternative Supported Jurisdiction (to the extent we have verified that you are located in the relevant Alternative Supported Jurisdiction and are permitted to place Wagers from the relevant Alternative Supported Jurisdiction); or
5.3.2 you are not located in either the Authorized Gaming Jurisdiction or any Alternative Supported Jurisdiction and are instead located in a state of the United States where the Bally Bet Platform does not operate, we may display such configuration of the Bally Bet Platform as permitted by Applicable Laws and permit you to log into the Bally Bet Platform, but you will be prohibited from placing Wagers while you are in such a location. This is because you must be located either in the Authorized Gaming Jurisdiction or in an Alternative Supported Jurisdiction in order to place Wagers on the Bally Bet Platform (as permitted by the relevant jurisdiction).
5.4 In the event we identify that you are travelling between any states of the United States so that your location changes as being in another state after you place a Wager from the Authorized Gaming Jurisdiction and prior to that Wager being accepted or Settled, we may in our sole discretion void that Wager, withhold Settlement and any winnings, and/or close your account. Where the Wager was Settled and any winnings credited due to an error, we may also adjust your balance through the reversal, amendment or cancellation of any subsequent transaction pending in respect of your account.
5.5 Upon completing the account registration process, and before Wagering, you may be required to download a “plugin” from our Location Service provider. The mobile device Location Service is available only on selected carriers. The Location Service might not be available if the mobile device is roaming or is turned off. Please contact your carrier for rate information and note message and data rates may apply. Location coordinate data is transmitted via Transport Layer Security (“TLS”) technology into password protected servers. Your data will be processed in accordance with the Privacy Policy.
5.6 You consent to the monitoring and recording by the Service Parties and/or by the Regulator of any Wagering communications and geographic location information and verification via the above-described process for the purpose of determining compliance with Applicable Laws each time you log into your account and also periodically while you are logged into your account. You agree that you will have no claims against the Regulator or Bally Bet and its Affiliates in such regard. With respect to the Authorized Gaming Jurisdiction, we may suspend or close your account if we have information which leads us to believe that you are placing, or attempting to place, a Wager when physically located outside of the Authorized Gaming Jurisdiction. With respect to an Alternative Supported Jurisdiction, we may suspend or close your account if we have information which leads us to believe that you are placing, or attempting to place, a Wager when physically located outside of the relevant Alternative Supported Jurisdiction.
5.7 You acknowledge that you are granted a personal, non-transferable and non-exclusive right to use the Location Service and any related data. GeoComply, as provider of the Location Service, and/or its licensors, retain all of their Intellectual Property Rights in and to the Location Service, and no title to any such property is transferred to you. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form or otherwise attempt to derive source code from the Location Service, or modify, incorporate into or with other software, or to create derivative works of, the Location Service or any related data, or allow any third party to do the same. You agree not to expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the Location Service, or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other US agency or authority, and not to transfer, or authorize the transfer of, the Location Service to a prohibited country or otherwise in violation of any such restrictions or regulations.
5.8 You acknowledge and agree that no warranty from GeoComply or its licensors is being made to you in connection with the Location Service and any related data, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply and its licensors will not be liable to you for any indirect, consequential, incidental or special damages arising out of the use or license of the Location Service, regardless of the theory of liability (including negligence, tort, and strict liability).
5.9 You agree not to remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Location Service by GeoComply or any of its licensors, or allow any third party to do the same.
5.10 You agree not to make the Location Service or any related data available to third-parties, or use the Location Service on behalf of third-parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and not to transfer or sublicense the Location Service or any related data or allow the Location Service or any related data to become subject to any lien.
5.11 You agree not to make any copies of the Location Service or any related data, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s and its licensor’s notices regarding proprietary rights.
5.12 We reserve the right to use data from GeoComply to aid in any investigation into your online account activity.
5.13 You agree to comply with the Google Maps terms and conditions (as located at https://maps.google.com/help/terms_maps/), the Google Legal Notices (as located at (http://www.maps.google.com/help/legalnotices_maps.html) and the AUP (as located at (http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.
5.14 We may also use or make available a “strong authentication” process to verify your location from time to time. Such process may vary from time to time and require you to verify your identity when you log in. Please see our FAQ page for further details.
5.15 We will not be liable for any damages arising from or in connection with the inability to determine your location and your inability to use the Bally Bet Platform.
6 ANTI-MONEY LAUNDERING POLICY
6.1 As part of our compliance with applicable anti-money laundering laws and regulations, we may at any time (including in certain stages of your account registration) ask you to verify your identity and address as well as request proof of ownership for any payment methods used to deposit or withdraw funds. You will not be permitted full use of the Bally Bet Platform unless and until your age, identity and location and, if required, your source of funds, have been verified to our satisfaction.
6.2 It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your account.
6.3 We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the Regulator, and we may report such activity to the police or relevant authorities.
6.4 You declare that the source of funds used by you for Wagering on the Bally Bet Platform and using the Services is not illegal and that you will not use the Bally Bet Platform, the Services in any way as a money transfer system. We do not allow you to use any third party funds to fund Wagers placed via your account. Any funds credited to your account and placed on a Wager must solely be funded by you and we only accept your own Wagers via your Account. We reserve the right to withhold any Winnings should we reasonably believe that the funds used were from a third party.
6.5 You agree that funds deposited into your account from a financial institution will not be transferred out of your account to a different financial institution, except as permitted by Applicable Laws.
6.6 You will not use the Bally Bet Platform, the Services, or Bally Bet Platform for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under federal laws and/or the laws of the Authorized Gaming Jurisdiction (and, as applicable, the laws of all Alternative Supported Jurisdictions), the regulations of the Regulator and/or any directives or instructions of the Regulator. If we have a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity including money laundering activities, or conduct otherwise in violation of these Terms, we will be entitled to take Full Protective Measures against your account and you may be placed on the Regulator’s exclusion list. You agree to fully cooperate with us to investigate any such activity.
6.7 In order comply with our legal obligations, you agree that we may share your data with state and federal regulators for any of the following reasons: anti-money laundering reporting; keeping records for tax reporting and audit procedures; responses to litigation; and any requests from state or federal law enforcement authorities.
7 MANAGING YOUR ACCOUNT AND SECURITY
7.1 Up-to-date details:
7.1.1 It is your responsibility to ensure that your personal details are kept up to date. You are required to advise us of, and update your account with, any relevant changes to your personal information that may affect deposit and withdrawal processing. We do not accept liability for any harm that you may suffer as a result of you failing to notify us of any changes to the personal information that you have provided to us. You may change your account details, including your personal information, in the ‘My Account’ section of your account. If necessary, in connection with the management and operation of your account, we may contact you by email, telephone, SMS (text message) or letter via the contact details you provide to us. By agreeing to these Terms, you expressly consent to the following additional conditions as set out in Section 7.1.2 regarding being contacted via email or, if applicable, text message:
7.1.2 SPECIAL TERMS PROVIDING EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
7.1.2.1 You warrant and represent to us that you are either the account owner of any mobile or residential phone numbers you provide to us or you have the express permission of the account holder to provide such numbers (“Provided Numbers”).
7.1.2.2 If you sign up to receive text messages or calls from us, you expressly consent and agree that we may call any Provided Number or text any Provided Number with account, marketing and advertising messages made using an automatic telephone dialling system or an artificial or prerecorded voice to any mobile number or (in the case of calls) residential phone number you provide to us, the Bally’s Group or to any of its agents.
7.1.3 You also understand that consent to receive calls and text messages is not a requirement or condition for your use of the Bally Bet Platform or of any purchase. You may revoke your consent at any time in accordance with the process set out in the Privacy Policy.
7.1.4 In creating and using your account on the Bally Bet Platform, you agree to: (a) provide true, accurate, current and complete information about yourself on any registration form required on the Bally Bet Platform; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your account and refuse any and all current or future use of your account.
7.1.5 If you are unable to opt out from receiving telephone calls and/or SMS notifications from Bally Bet, it is your responsibility to contact us. You can do so by emailing our Customer Support team at support@ballybet.com or via live chat.
7.2 Keeping Password and Patron Details Secure:
7.2.1 Your account username, password and personal question details are for your personal use and should be kept private and confidential at all times. You should protect your account with a strong password that is not used on other sites of services. Use of password managers is recommended. You may update your personal details, including your password and security answers, via the ‘My Account’ section on the Bally Bet Platform. Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your account are made by you.
7.2.2 We use reasonable precautions to protect the privacy of your username, password and account information, and all payment card information by utilizing a connection protected by a TLS connection. Accordingly, your payment card, username, password and account information are encrypted using a TLS connection and are not expected to be read in an intelligible form as they travel to the Bally Bet Platform. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
7.2.3 If your account is inactive for 15 minutes, you will be required to re-enter your username and password before you can place a Wager. Notwithstanding this functionality, you are responsible for adjusting the auto-lock settings on your personal computer and/or device from which you access the Bally Bet Platform in order to prevent unauthorized use of your account.
7.2.4 You are not permitted to circumvent the use of required encryption technologies. You agree to: (a) never allow anyone to have access to your account; (b) immediately notify us if you become aware or suspect any unauthorized use of your username, password or account, or any other breach of security; and (c) ensure that you log out of your account at the end of each session. You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions. You must monitor your account to prevent its use by another person, and maintain the physical and logical security of your devices, access points, username and password at all times and not divulge your username or password to third-parties.
7.3 Responsible Account Management: You are responsible for the security of your username and password on your own computer and any device on which Bally Bet Platform is or may be accessible including an Internet access location. It is your responsibility if your username and password combination is “hacked,” which may result from a virus or malware present on the computer or mobile device from which you access your account. You should report any possible hacking attempts or security breaches from your computer or mobile device immediately to us. It is your responsibility to maintain the physical and logical security of and to configure your computer’s and/or mobile device’s auto-lock features to protect from unauthorized access and use. We take no responsibility for any third party access to your account where your negligence or deliberate act has contributed to such third party access and under no circumstances will we be liable for any losses incurred by you as a result of misuse of your username or password by any person or for any unauthorized access to your account (unless this is due to our negligence). All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorized by you. We will not be liable if you misplace, forget, or lose your username or password because of anything other than our error.
7.4 If you misplace, forget, or lose your username or password, you can retrieve or reset this information via the ‘My Account’ section of your account or by contacting our Customer Support team at support@ballybet.com or via live chat.
8 RESPONSIBLE GAMING
8.1 Responsible Gaming Policy: As part of our Responsible Gaming Policy, we provide you with the ability to control and limit your spending, and options to temporarily time out of accessing to your account and an option to self-exclude and close your account for a set period of time. To view our Responsible Gaming Policy and for more details on how you can control your gambling, please visit the Responsible Gaming link in the ‘My Account’ section of the Bally Bet Platform. If you or someone you know has a gambling problem and wants help, call 1-800-9-WITH-IT.
8.2 Deposit Limit and Frequency Control: Our Deposit Limit and Frequency Control tool enables you to specify the maximum amount you can deposit over a set period of time. You can set a maximum deposit limit and frequency control on your account by accessing the Responsible Gaming link in the ‘My Account’ section of the Bally Bet Platform. The default setting on all new accounts is no limit. Further information on the deposit amount limits and frequency controls is made available in the FAQs. We will take all reasonable precautions to ensure your deposit limit is observed but we are not liable to you if you circumvent our procedures and/or deposit funds into your account that exceeds your limit.
8.3 Spend Limits: Spend Limits lets you specify the maximum amount of Patron deposits that you put at risk (i.e. potentially lose over a daily, weekly, or monthly period), applying to the balance between the amount spent on Wagering and the amount won during the defined time period. Further information on Spend Limits is made available in the FAQs. We will take all reasonable precautions to ensure your Spend Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Spend Limit.
8.4 Time Out: You may temporarily exclude yourself from the Bally Bet Platform for a period from seventy-two (72) hours up to four (4) weeks by accessing the Time Out section in the ‘My Account’ section of the Bally Bet Platform, and selecting your required time out duration period. On confirming the time out duration period, your account will be immediately suspended and it will not be possible to login to your account until the selected duration has expired. It is not possible for us to override or remove any time out period once set. Any balances and any advance Wagers that you have placed will remain and any winnings will be credited to your account. You will only be able to withdraw your winnings by contacting our Customer Support team at support@ballybet.com or via live chat or after the time out period has expired. Where you have confirmed the time out, all Bonuses and entries in any offers, promotions and competitions cannot be cancelled but you will not be able to access them during the time out period. It is possible that Bonuses may expire during the time out period. We cannot reinstate these if the account is reopened after the time out period.
8.5 Daily Maximum Playing Time Limits: You can set a time limit for the maximum amount of time you are able to place wagers or deposit funds. Once your limit is hit, you will not be able to place wagers or deposit funds but will still have access to your account to view any outstanding wagers, manage your account or request withdrawals. The Faily Maximum Playing Time Limit resets each day at midnight.
8.6 Withdrawal Lock: You can turn off the ability to cancel a pending withdrawal. If you enable this feature, once you initiate a withdrawal, you will not be able to cancel the withdrawal.
8.7 If you wish to increase your limits or remove your self-exclusion, Regulator’s regulations may require that you must wait until your current limit or self-exclusion expires before the new limit will take effect or activity is permitted.
8.8 Self-Exclusion:
8.8.1 You may request to voluntarily exclude access to your account by signing up to the Indiana state-wide Internet self-restriction program (“ISRP”). The duration for which you participate in this program is referred to as the duration of self-exclusion from your account. You can sign up by completing the relevant form, (located on the Regulator’s website here).
8.8.2 For requests made via your account, you may exclude access to your account for a period of one (1) year or five (5) years. During such time, you will be restricted from accessing all gambling facilities in the Authorized Gaming Jurisdiction, and from participating in mobile sports wagering. Sports wagering operators may elect to evict or deny service to a participant in the ISRP at any of their other facilities anywhere in the world, which may include casinos and/or non-gaming facilities, including Las Vegas and/or Atlantic City. It is not possible to re-open your account and make deposit or withdrawal transactions under any circumstances during the term of voluntary exclusion. A participant enrolled for a one (1) or five (5) year period is not automatically removed from the ISRP. Upon the expiration of the selected term of voluntary exclusion, you may request removal of your name from the ISRP by completing the Request for Removal Form (found here). A person making a request for removal must do so in writing on the Request for Removal Form. The Request for Removal Form may be completed in one of the following manners: (a) In person at the Regulator’s office located at 101 W. Washington St., East Tower, Suite 1600, Indianapolis, Indiana, 46204; (b) In person at any Indiana casino location; or (c) By mailing a properly completed Request for Removal Form via US mail to Indiana Gaming Commission, 101 W. Washington St., East Tower, Suite 1600, Indianapolis, Indiana, 46204. You will remain on the ISRP list until the Regulator accepts the Request for Removal Form and notifies you in writing that you have been removed from the ISRP.
8.8.3 Upon our processing of your self-exclusion, any active gaming session will be terminated and you will be logged out of your account with immediate effect. All Bonuses and entries in any offers, promotions and competitions cannot be cancelled but you will not be able to access or redeem them during the period of self-exclusion. It is possible that Bonuses may expire during the period of self-exclusion. We cannot reinstate these if the account is reopened after the self-exclusion period. All remaining balances (less any active Bonuses) of $1.00 or more will be returned to you. Remaining balances (less any active Bonuses) less than $1.00 will only be returned upon request.
8.8.4 You acknowledge and agree that should you choose to self-exclude from the Services, you will not be permitted, and you expressly agree not to attempt, to access any account you have opened with us or use the Services, or to open or use a new account with Group Website, during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. Unless your self-exclusion has otherwise been reported to us by the Regulator, should you choose to self-exclude from the Services, you acknowledge that we are required to report your self-exclusion to the Regulator. In the event you are in breach of the foregoing, we will be entitled to take Full Protective Measures against your account.
8.8.5 If you have previously self-excluded under our responsible gaming program under any other gaming operation, including a Group Website or a state-sponsored program, it is your responsibility to refrain from opening new accounts during the period of such exclusion. If you do open any new accounts, we will close all accounts as soon as detected. Neither we nor any of our Affiliates will be obligated to refund you any funds you may have Wagered or won through such account.
8.9 Please refer to our Responsible Gaming Policy for further player protection information here. Any accounts that we detect that contravene our Responsible Gaming Policy will be closed. If you breach our Responsible Gaming Policy, we may suspend any accounts that you may hold including any account you may hold with us.
8.10 If you or someone you know has a gambling problem and wants help, call: 1-800-9-WITH-IT.
8.11 Consequences for Alternative Supported Jurisdictions: Any deposit limit, frequency control, spend limit, time out and self-exclusion that is applied with respect to the Authorized Bally Bet Instance will also apply with respect to your use of the Bally Bet Platform in all relevant Alternative Supported Jurisdictions (unless otherwise permitted by Applicable Laws and unless we are able to and choose to treat your account in the relevant Alternative Supported Jurisdictions differently from the Authorized Bally Bet Instance in our sole discretion). In the event of conflict between Applicable Laws of the Authorized Gaming Jurisdiction and Applicable Laws of an Alternative Supported Jurisdiction, the Applicable Laws of the jurisdiction imposing stricter requirements on you will prevail. For example, if you voluntarily exclude access to your account for a period of five (5) years and you are not required to exclude access to your account for greater than two (2) years (for illustrative purposes only) in an alternative supported jurisdiction, you will not be able to access your account across either jurisdiction for a period of five (5) years (this being the stricter requirement under Applicable Laws), unless otherwise permitted by Applicable Laws and unless we are able to and choose to allow you to access your account in the alternative supported jurisdiction after your self-exclusion period of two (2) years has completed in our sole discretion.
8.12 We may from time to time offer our products and services in land-based casinos and resorts in certain states of the United States (the “Retail Offering”). To the extent you self-exclude from a Retail Offering, we may also treat you as self-excluded for the purposes of using the Bally Bet Platform.
9 ACCOUNT PAYMENTS AND WITHDRAWALS
9.1 Registered Name: You can only use payment methods registered in your own name to make deposits and request withdrawals.
9.2 Account Duration: These Terms and the Additional Terms will be in full force and effect immediately upon your completion of the registration process and will continue in full force and effect, and as updated from time to time, unless and until terminated in accordance with these Terms.
9.3 Deposit Methods: Each deposit into your account must be from a single payment source on which you are a named account holder. We do not charge you to deposit to or withdraw from your account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
9.4 Minimum and Maximum Deposits: All deposits are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs. We may limit any Patron’s deposits on any single day. We may also restrict the amount you may deposit in accordance with Section 4.4.
9.5 Online Wagering only: You may only place Wagers via the Bally Bet Platform. Attempts to place Wagers through any other medium, including telephone, fax or mail, will not be accepted.
9.6 Illegal Wagering is Void: We may, in our sole discretion, declare any Wager as void if a Patron is identified as Wagering illegally, in which event no winnings will be paid.
9.7 Protection of Patron Funds: We are responsible for the protection and management of your account balance. Your funds will be in a segregated bank account that is independent from our corporate and operating accounts. We have strict policies that prevent commingling of funds in the segregated account with other funds, including the funds of Bally Bet and the Bally’s Group.
9.8 Interest on Patron Account Funds: We are not a financial institution. Interest will not be payable on monies held in accounts as these are merely advance payments for intended Wagering.
9.9 Payment Transactions: We may use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of these Terms, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
9.10 Fraudulent and Suspicious Transactions: You agree not to make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You will be required to reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us. If we are notified of any suspected or fraudulent payment (including use of stolen credit cards) or any other fraudulent activity (including any chargeback or other reversal of a payment), we may take Full Protective Measures against your account, reverse any withdrawal made and recover any winnings. Under no circumstances will we or our Affiliates or our third party service providers be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen. Any fraudulent activity is a strict violation of these Terms. If we discover that you undertook fraudulent activity, we reserve the right to suspend or close your account and, where required by our legal obligations, report the activity to any relevant law enforcement authorities.
9.11 Payment Withholdings: We may, in our sole discretion, cease to provide the Services or withhold payment to certain Patrons or to Patrons paying with certain credit cards or third-party payment methods. We may also temporarily withhold deposits or withdrawals to confirm the accuracy of your source of funds or to meet our reporting obligations to the Regulator or any relevant law enforcement authority.
9.12 Minimum and Maximum Withdrawals: All withdrawals are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in our FAQs. We may limit any Patron’s withdrawals on any single day where permitted by Applicable Laws.
9.13 Confirmation of Withdrawal Requests: Unless otherwise prohibited pursuant to these Terms, if you have submitted a request to make a withdrawal via an online payment method, you will see a confirmation message that the transfer has been processed and your balance will immediately clear to the balance of the amount not withdrawn. Only Cash may be withdrawn from your account. Bonuses (including Free Bets as defined in the Standard Promotional T&Cs) are not available for withdrawal unless otherwise stated in the Standard Promotional Terms and Conditions or in the Specific Promotional T&Cs as applicable.
9.14 Withdrawal Authorization and Payment:
9.14.1 We try to authorize your withdrawal request within twenty-four (24) hours of our receipt of your request. Payments will be made generally as soon as reasonably possible, which may require three (3) to five (5) business days’ internal processing time unless being withheld pursuant to a dispute or any reporting obligation that we may have to the Regulator or any relevant law enforcement authority.
9.14.2 If, at the time of a withdrawal request, you have any deposits that are pending receipt of confirmation of funds depending on the deposit method used, we reserve the right in our sole discretion to delay any withdrawal payment until such deposited funds have been confirmed by your financial institution.
9.14.3 For security reasons, Patrons making withdrawals may have to provide some additional information and documents to ensure stringent safeguards are maintained as set out in these Terms. We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests. Should you fail to provide us with, or fail to verify the authenticity of, any documents requested, we reserve the right in our sole discretion to cancel a withdrawal request. Depending on the outcome of these verification checks, you may or may not be permitted to deposit further monies with the debit card or other deposit methods previously used by you.
9.14.4 We may decline to honor the request for withdrawal for a reasonable investigatory period where we believe that you have engaged in unusual or suspicious Wagering activity.
9.14.5 Your request for withdrawal may be delayed if there is an ongoing dispute, in which case we will notify the Regulator.
9.14.6 Your request for withdrawal may be delayed if funds are requested to be withdrawn before the chargeback period of the transaction ends.
9.14.7 Your request for withdrawal may be delayed if you request a check by mail.
9.14.8 Once your withdrawal has been approved, a request for withdrawal will be considered honored if the request is processed by us and we are not responsible for any third party financial clearing process that delays your payment being received, including any delays caused by a payment processor, a credit or debit card issue, as applicable, or the custodian of a segregated account.
9.14.9 We accept no liability for any issues sourced from your financial institution.
9.15 Balance Information and Balance Transfer Restrictions: The balance of your account is governed by your transactions on the Authorized Bally Bet Instance. To the extent you travel to an Alternative Supported Jurisdiction, the balance displayed in that Alternative Supported Jurisdiction will be as applicable in that Alternative Supported Jurisdiction. To the extent you travel to the Authorized Gaming Jurisdiction from an Alternative Supported Jurisdiction, the balance displayed will be as applicable in the Authorized Gaming Jurisdiction. You may use and transfer your account funds across the Authorized Gaming Jurisdiction and, as applicable, all Alternative Supported Jurisdictions unless otherwise prohibited by Applicable Laws. For example, if the use of credit card funds is not permitted in a specific jurisdiction, we may restrict the use of such funds in that jurisdiction even where this is permitted in other jurisdictions.
9.16 Incorrect Account Information: It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.
9.17 You authorize our third party payment vendors to initiate debit and credit entries to the account at the depository financial institution for which you have provided information. The debit for a transaction can post at your financial institution within twenty-four (24) hours after you initiate a transaction. You further authorize all transactions at any participating third party payment vendor to be debited from the same checking account, and such future debits will take place only when initiated by you. Your authorization will remain in effect until such third party payment vendor received written notification by you of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by your financial institution are subject to a service charge, which also may be debited electronically from your account or collected using a bank draft drawn from your account.
9.18 Uncollected or Reversed Deposits: If any deposit is charged back or is otherwise deemed uncollectable for any reason, any and all winnings generated from play or Wagers conducted from such account from the time of the applicable deposit until its reversal or uncollectability will be invalidated, forfeited and/or deducted from your account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and/or deducted from your account balance. In the event that your account balance is not sufficient to collect such forfeitures through deductions, you expressly acknowledge and agree that we may collect any monies owed by you to us from you and from any accounts of which you make us aware, including accounts provided in connection with the Services or financial institution accounts, without any further notice being required. You expressly acknowledge and agree that, in the event of non-payment of debt, we may proceed to enforce our rights, which may include legal action and attendant cost and attorneys’ fees. In such event you agree that in addition to any other amounts due to us, you will pay all legal fees and costs paid by us in collecting any amounts due from you. You further expressly acknowledge and agree that, in the event of non-payment of debt, we may, at our sole discretion, assign such debt to one or more collection agencies. Note that following the assignment of such debt to a collection agency, the resolution of such debt and any associated legal processes associated are not within our control and must be negotiated or resolved directly with the collection agency. We reserve the right to suspend or close the account(s) associated with the uncollected or reversed deposit.
9.19 Patron Account Statement: You may request a statement detailing your account activity, including your deposits, withdraws, winnings or loss, current balance and self-imposed limit history (if applicable), by contacting our Customer Support team at support@ballybet.com or via live chat.
10 CLOSING ACCOUNTS
10.1 Account Closure: We may temporarily suspend or permanently close your account at any time without providing any reason.
10.2 How to Close Your Patron Account: You can close your account and request payment of outstanding funds at any time by contacting our Customer Support team at support@ballybet.com or via live chat with the username or registered email details of your account. Such closure will occur within seven (7) calendar days after our receipt of your request and we will confirm the closure of your account by email. You remain responsible for any activity on your account between your request and the closure of your account by us.
10.3 Temporary or Permanent Self-Exclusion from Your Patron Account: If you wish to temporarily exclude yourself from the Bally Bet Platform or enter into self-exclusion, please see Section 8.
10.4 Dormant Accounts: If you do not log into your account for a period of three (3) years or greater, your account will be deemed dormant (a “Dormant Account”) and closed. We will make reasonable efforts to contact you to return any unclaimed funds where required and permitted by Applicable Laws, including providing notice to the patron at their last known address. Any funds remaining in such Dormant Account after 120 days of attempting to contact you will be presumed abandoned and any pending Wagers will be forfeited. Such funds presumed abandoned shall be reported and delivered to the office of the Indiana Attorney General, as provided at Indiana Code 32-34-1-.
10.5 Effect of Account Closure:
10.5.1 Provided that you have complied with these Terms and the Additional Terms, and provided the funds in your account have not been forfeited as indicated above, upon your request, your outstanding funds, as recorded on our systems less any active Bonuses, will be returned by us by issuing checks by mail to the address stated in respect of your account or by another payment method used by you and us as we make available from time to time such as by bank transfer, subject to our right to deduct any amounts by you to us.
10.5.2 Closure of an account will automatically render any unsettled Wagers and entries in any offers, promotions or competitions void. We cannot reinstate these if the account is subsequently reopened.
10.5.3 In addition to terminating your access to the Services, we reserve the right in our sole discretion to prevent you from accessing the Bally Bet Platform and the Services as well as any Group Websites or servers, and you will have no claims against us in such regard.
10.5.4 Upon the closure of your account and the termination of these Terms, you will:
10.5.4.1 discontinue the use of the Bally Bet Platform and the Services across both the Authorized Gaming Jurisdiction and, as applicable, all Alternative Supported Jurisdictions;
10.5.4.2 pay all amounts due and owing to us; and
10.5.4.3 remove and permanently delete any software in the Bally Bet Platform that you downloaded to your computer equipment and/or mobile device and destroy all related documentation in your possession, custody, power or control.
10.6 Re-Opening Your Patron Account: You may request to re-open a closed account by contacting our Customer Support team at support@ballybet.com or via live chat with the details of the account you wish to re-open. We will review all requests to re-open a closed account. Accounts closed as part of our Responsible Gaming policy cannot be re-opened for any reason until the self-exclusion or time out period has expired. Please also see Section 8 for further information on Responsible Gaming.
11 ACCEPTANCE AND VALIDATION OF WAGERING
11.1 Accepted Wagers:
11.1.1 You acknowledge and agree that a Wager you place via the Bally Bet Platform is a binding and irrevocable offer to place the Wager. We reserve the right at any time to limit or refuse to accept the Wager.
11.1.2 A Wager is only accepted via the Bally Bet Platform when you receive confirmation from us by way of on-screen display that the Wager has been accepted. Any Wagers attempted by any other method will not be accepted. At the time of acceptance, the amount of the Wager has been accepted by our servers and will be charged against your account.
11.1.3 You are responsible for reviewing your Wagers prior to and after placement in order to verify each Wager was successfully made and is accurate. You must immediately notify us regarding any error or discrepancy.
11.1.4 All Wagers are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for any reason set out in these Terms or the Additional Terms. We accept no responsibility for Wagers that may have been submitted and not confirmed by our systems or otherwise accepted by us. You may choose to decide to Cash Out your Wager if this option is made available to you.
11.1.5 We reserve the right to cancel or void any Wager in the event a prohibited Event was offered, or in the event of obvious error.
11.2 Minimum and Maximum Wagers: Minimum and maximum Wager amounts apply depending on the Product. Please refer to the Sports House Rules for more information. We may also restrict the amount you may Wager and/or the frequency of your Wagering activity in accordance with Section 4.4.
11.3 Maximum Payouts: Maximum Payout limits apply to different types of Wagers depend on the Product. Please refer to the Sports House Rules for more information.
11.4 Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your account at the time of placing your Wager, no matter when the result is determined. We cannot refund Wagers purchased for future plays that have not yet been Settled or where you decide to Cash Out your Wager if this option is made available to you in accordance with the Sports House Rules. Any winnings related to such Wagers will be credited to your account once they have been Settled. The Cash Out option may not always be available and we are not responsible for any losses incurred by the unavailability of the Cash Out function.
11.5 Our right to Cancel / Terminate or Amend Limits and Betting Options: We may cancel, amend, remove or terminate any Event, Wagering option or Product, or amend any Wager limit on your account, at any time in our sole discretion without notice. If a Wagering option or Product is cancelled, amended, removed or terminated in a way that makes it impossible to Settle a Wager that you placed, then that Product will be deemed null and void and the Wager will be credited back to your account.
12 PAYMENT OF WINNINGS
12.1 Crediting Winnings: Winnings due on Wagers placed through your account will be credited to your current deposit balance automatically. This update of your account is not ‘proof of win’. If upon manual review there is evidence of fraud, Malfunction or malpractice, we may void certain Wagers and winnings and amend accounts accordingly.
12.2 Rounding of Winnings: We use a Wager multiplier to calculate and accumulate odds and Payouts for all Wagers are made having been rounded up to two decimal places. Payouts are also displayed for presentational clarity having been rounded up to two decimal places.
12.3 Taxation on Winnings: Any applicable taxes and fees and related regulatory reporting obligations in connection with any winnings awarded to you are your sole responsibility, and you hereby release us from any liability associated with this or any related actions taken by us. You also acknowledge that we are required to report certain payments paid to you to state and federal governments.
12.4 Withholding of Winnings: We may withhold any and all winnings on the Bally Bet Platform or set-off any winnings on the Authorized Bally Bet Instance against any winnings made in respect of an Alternative Supported Jurisdiction if:
12.4.1 the Regulator requires us to withhold any and all winnings on the Bally Bet Platform if your winnings are subject to taxation by the U.S. Internal Revenue Service, or any other taxing jurisdiction or agency, and if you have a past-due, set-off obligation properly subject to such withholding. This may include, but is not limited to, child support or overpayment of government subsidies;
12.4.2 a regulator of an Alternative Supported Jurisdiction, as applicable, requires us to withhold any and all winnings on the Bally Bet Platform for any reason under Applicable Laws or as otherwise determined by that regulator.
13 DISCONNECTIONS
13.1 You are responsible for any and all telecommunication network and Internet access services fees and costs, and all other consents and permissions required in connection with your use of the Bally Bet Platform and the Services. We will not be liable for any acts or omissions made by any third party providers that you have contracted with to gain access to the Bally Bet Platform.
13.2 If you are disconnected from the Internet or a mobile telephone network, then:
13.2.1 if you have not commenced the Wagering when you are disconnected, there will be no effect on your account;
13.2.2 if you had commenced Wagering when you were disconnected and no input is required from you to complete the Wager, the Wagering will be recorded on our servers upon the Bally Bet Platform’s acceptance of the Wager, the Wager will stand, the outcome will be reflected in your account status. The Wager may be accepted while you are disconnected, in which case you may in certain circumstances be able to view the round of Wagering completed prior to or during the period of disconnection. Alternatively, the Wager outcome may not have been determined while you were disconnected, in which case, upon your reconnection to the Internet and the Bally Bet Platform, you may in certain circumstances still be able to resume the Wagering, although the state of the Wager may not be at the same state prior to the disconnection. We do not guarantee that the Bally Bet Platform will recall your exact status prior to disconnecting; or
13.2.3 if you had commenced Wagering when you were disconnected but your input is required to complete the Wager so the Wager is not accepted by the Bally Bet Platform, our servers will not record the Wager and, upon your reconnection to the Internet and the Bally Bet Platform, you will be able to continue using the Bally Bet Platform and provide the input necessary to Wager, although it may not be at the same state prior to the disconnection.
13.3 In the case where the Location Service has, at the outset of placing a Wager verified the Patron’s physical presence in the Authorized Gaming Jurisdiction but, at a later point in the gaming session, fails to successfully verify the Patron’s continued physical presence in the Authorized Gaming Jurisdiction, the Bally Bet Platform and the Service Parties’ records will be determinative as to the acceptance of the Wager at the time of the subsequent failed location verification.
13.4 Any Wagers which are subject to a Malfunction will be deemed null and void and under no circumstances will we be liable to you for any amounts (including any Winnings or potential winnings) arising out of or connected to such Malfunction.
13.5 Where a Malfunction interrupts a Wager to the point that it cannot be restarted from exactly the same position without any detrimental impact to you or any other Patron, we will, acting in good faith, use reasonable efforts to minimize any loss you have incurred. Notwithstanding the foregoing, in no case will we be liable for indirect, incidental or consequential damages.
13.6 Where there is a Malfunction resulting in an error in the transmission of odds or prices, Wagers will be Settled at the correct price at the time of acceptance as determined by us. If we accept a Wager on an Event where offering Wagering on the Event itself was in error or otherwise not permitted, we may void the Wager, reverse any winnings credited to your account that are related to such voided Wager and return to you the amount you initially Wagered.
13.7 If there is a dispute as to whether a pricing Malfunction has occurred, the odds available in the general market in respect of such Event at the time of the pricing Malfunction will be taken into account to determine the correct odds.
13.8 Any winnings paid to you as a result of a Malfunction will be deemed to be held by you on behalf of us whilst we investigate such Malfunction, and will be repayable to us by you should such investigation prove that the winnings arose as a result of a Malfunction. Where an amount is repayable to us, we may deduct such amount from any monies you have in your account.
13.9 To the extent that you have already used any winnings awarded to you as a result of a Malfunction to place subsequent Wagers, we reserve the right to cancel such Wagers and/or withhold any subsequent winnings which you may have won. If we have paid out on any such Wagers, such winnings will be deemed to be held by you on behalf of us and will be repayable immediately by you to us. Where an amount is repayable to us, we may deduct such amount from any monies you have in your account.
13.10 You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, (a) the Service Parties’ records will make the final determination with respect to any Wagering activity, including whether a Wager was placed and the details of the pricing, odds and game play; and (b) we will not be held liable for the failure of any equipment, technology or services, wherever physically located or provided, which prevents the placement or acceptance of Wagers or contact with us.
14 REGULATION OF RESULTS
14.1 Patron Account Balances: The balance of your account will at all times be as recorded on our server.
14.2 Results: Unless expressly stated otherwise in these Terms or any Additional Terms, for the purposes of Settling your Wager, the initial official result following the closure or end of an Event will be considered final and conclusive. Any subsequent change to results, whether due to disciplinary hearings or otherwise, will not be considered for the purposes of Settling your Wager.
14.3 Our Server Evidenced Results: If there is a discrepancy between either the numbers that you believe that you have entered or the graphic display of the Wager you have played and those in the applicable Service Party database, the numbers in the Service Party database are considered valid and no correspondence disputing such issues will be entered into by us.
14.4 Our Decision is Final: You agree that we and the applicable Service Parties’ records will be the final authority in determining the terms of any Products, any Wagers you place, the circumstances in which such Wagers were placed, and the outcome of the same.
14.5 Wager Settlement: Unless expressly stated otherwise in the Sports House Rules, all Wagers are Settled according to the price shown at the time of Wager acceptance, subject to any Malfunction error corrections and Cash Outs. In limited circumstances, after your Wager has been accepted, the odds may show in the current Wagers and Wager history section of your account as rounded slightly down. This rounding display does not affect the payment of your Wager, which will be Settled at the correct odds (at the time your bet was accepted). We make every effort to Settle your Wagers as soon as is reasonably practicable upon a known result. You acknowledge that this Settlement may be delayed for any reason (such as to confirm the official result), and we will not be liable for your inability to place additional Wagers during the delay.
14.6 Wager Result Acceptance: By placing any further Wagers with us, you accept the results of any previous Wager.
14.7 Activity Monitoring: Use of the Bally Bet Platform may be monitored to ensure that you are not using the Bally Bet Platform with a frequency or in a manner which might suggest you are using it for suspected criminal activities. We may withhold any monies and/or suspend and/or close your account if we consider that the Bally Bet Platform is being used by you for suspected criminal activities.
14.8 Suspicious Activity: If we determine or suspect that a transaction is suspicious (including collusion between Patrons whether using our systems or other systems) and involves or may involve financial crime, fraud, cheating or irresponsible gaming behavior or breaches any of our policies, we may retain the amount of that transaction and any other transaction made by you. We will be under no obligation to provide you with any reasons for doing so. In addition, we may disclose information of such activity (including any details relating to you) to the Regulator and the proper authorities (such as regulatory authorities, governing bodies, financial institutions or law enforcement agencies to assist with any investigation).
14.9 Automatic Wagering / Manipulation of Software: We constantly review the use of the Services in order to detect the use of artificial intelligence software. Automatic placing of Wagers by software (including “bots” and any software used for automatic Wagering) or any other manipulation of the Wagers or Events or your/another Patron’s account data is not permitted and may result in closure of your account, closure of all associated accounts, and the cancellation of any outstanding winnings and deposits. Patrons that breach this Section will not be eligible for reinstatement under different screen names.
14.10 You agree not to break into, access, or attempt to break into or access or otherwise circumvent our security measures, or intentionally disconnect from Wagering activities while engaging with the Bally Bet Platform. If we have reason to suspect that you are in breach of the foregoing or that you are in an account or group of accounts that are operating systematically (for example, employing specific Wagering techniques or Wagering as a group), we have the right to use Full Protective Measures against your account.
14.11 Event Rigging: When you place a Wager, it must be done so with your own judgment and it is presumed by us that you have no inside information or inside knowledge about the Event, and that you do not know what the outcome of the Event will be. You also confirm that you have not relied on the advice of any of our employees in relation to your Wager. We reserve the right to void any Wagers where this Section is breached. If there is suspicion or any reasonable evidence based on your Wagering activity and/or Wagering patterns or otherwise of price or Event rigging, or manipulation in relation to an Event, or if the integrity of an Event has been called into question, we may decide to void all relevant Wagers or withhold Settlement until the outcome of any investigation or suspicion is confirmed. If no fraudulent conduct is found to have occurred, Settlement of such Wagers will be processed. Where there is reasonable evidence that a Patron or a syndicate of Patrons has been involved in any Event rigging, we reserve the right to use Full Protective Measures against your account.
14.12 Results of Patrons of Group Websites: If you are a Network User, we may report any actual or suspected act that we identify on the Bally Bet Platform when you participate in a Linked Product of collusion, soft play, automated playing, manipulation of software, taking unfair advantage, fraud, money laundering, financial crime, or any other breach of our policies to the relevant Group Website. Such actual or suspected acts will be dealt with by the relevant Group Website in accordance with its policies. This may result in the withholding of winnings, voiding of Wagers and related Bonuses and retention of your related deposits by the relevant Group Website, together with the closure of your account with the relevant Group Website. For the avoidance of doubt, we will not be able to assist you in relation to any decisions made by the relevant Group Website.
15 PATRON CONDUCT
15.1 You agree to act in good faith at all times in terms of your use of the Bally Bet Platform and the Services, and your interactions with us and other Patrons and Network Users.
15.2 You agree not to use the Bally Bet Platform:
15.2.1 in breach of these Terms or the Additional Terms;
15.2.2 in violation of any Applicable Laws;
15.2.3 from a territory in which the use of this Bally Bet Platform is illegal;
15.2.4 in a way that infringes the rights of any third party (including any personal rights and any Intellectual Property Rights);
15.2.5 in any way other than for your personal use;
15.2.6 in a way that impersonates any other person;
15.2.7 for any unlawful purpose;
15.2.8 for any commercial purpose;
15.2.9 in a way that impairs, interrupts or damages the Bally Bet Platform or its efficiency;
15.2.10 to advertise or promote your own or any third party’s products or services; and
15.2.11 to distribute any unsolicited communications, including spam.
15.3 You represent, warrant, covenant and agree that the following representations are true:
15.3.1 you are of the Minimum Age, of sound mind and capable of taking responsibility for your own actions, physically located within the Authorized Gaming Jurisdiction whenever attempting to engage in Wagering on the Authorized Bally Bet Instance, and physically located within the relevant Alternative Supported Jurisdiction whenever attempting to engage in Wagering from an Alternative Supported Jurisdiction;
15.3.2 you are fully aware that there is a risk of losing money when engaging in gaming activities, including by use of the Services, and that you are fully responsible for any such loss;
15.3.3 you have sufficient available funds prior to conducting any Wagering activities. We do not extend credit to any Patron for any reason; and
15.3.4 all information provided by you to us either during the registration process or at any time thereafter, including as part of any payment deposits, withdrawals or any other financial transaction or investigation, is true, current, correct, complete and matches the full name(s) on the debit card(s) or other payment accounts used to deposit or receive funds in your account.
15.4 You agree not to:
15.4.1 upload, post, email, transmit or otherwise make available through the Bally Bet Platform or the Services any material or information that infringes the rights of any third party (including any personal rights and any Intellectual Property Rights);
15.4.2 use (or upload to the Bally Bet Platform or our systems) any form of malware (including viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious. You are also prohibited from using any “bots” or other form of automated software to place Wagers or entries into offers, promotions or competitions on your behalf; or
15.4.3 sell or attempt to sell or otherwise transfer any deposits, Payouts, winnings, Bonuses, or any other payments or related items to any other individual or entity. If we find evidence of such a sale or attempted sale, we may terminate your account and we will be under no obligation to refund you any or all of the funds (including any deposited funds and/or winnings) or provide you with access to any Bonuses that may be in your account, with such Bonuses being forfeited where permitted by Applicable Laws.
15.5 We may from time to time make available live stream videos of Events on the Authorized Bally Bet Instance. We may also from time to time make available live stream videos of Events on the Bally Bet Platform in one or more Alternative Supported Jurisdictions but availability in one jurisdiction does not mean that the same will be available in another jurisdiction. All rights in the live stream videos of Events available via the Bally Bet Platform area the property of Bally Bet or our Affiliates. You may only use the live stream video feature via the Bally Bet Platform: (a) solely in connection with the use of the Services; (b) only for your personal use; (c) only when you are located in the Authorized Gaming Jurisdiction (and, as applicable, and where we make available live stream videos in an Alternative Supported Jurisdiction, only when you are located in the relevant Alternative Supported Jurisdiction); and (d) in compliance with all Applicable Laws. You agree not to copy, reproduce, distribute, re-broadcast or transmit any live video streams of Events available via the Bally Bet Platform. Any unauthorized or unlawful access of any live stream video is prohibited.
15.6 We may from time to time make available horseracing and greyhound racing data, which may include data provided by (i) us, or (ii) either our third party service providers or the third party service providers of our Service Parties (collectively, the “Horseracing and Greyhound Racing Suppliers”). Any part of such data may only be used by you for your personal use. Any distribution or commercial exploitation of such data, or any of part of it, is prohibited. Use of such data, or any part of it, is at your sole risk. You acknowledge that neither we nor the Horseracing and Greyhound Racing Suppliers give any warranty: (i) that the supply of such data or any other material from the Horseracing and Greyhound Racing Suppliers will be uninterrupted; or (ii) as to the accuracy of such data.
15.7 In addition to any other remedy available to us, if you breach any of these Terms or any Additional Terms or we have reasonable grounds for suspecting that you have breached these Terms or any Additional Terms, we may in our sole discretion at any time on account of damages or other amounts owed by you to us pending investigation and/or on the conclusion of any investigation or legal proceedings: (a) restrict or prevent your use of the Bally Bet Platform; (b) suspend or close your account; (c) void any Wagers, Bonuses and winnings; (d) retain any positive balance existing in your account. We may also take action to defend our rights or the rights of any other person under these Terms.
15.8 You agree to assist us, to the extent you are able, with our compliance with all Applicable Laws. To the extent required to enable us to comply with our reporting obligations to the Regulator or any regulator in an Alternative Supported Jurisdiction (where applicable), you agree to cooperate with us (for example to provide any relevant information required by the relevant regulator). You further agree to cooperate with any requests for information that we make to enable us and/or our third party service providers to meet any obligations in respect of our or their third party service providers.
16 CHAT ROOMS
16.1 We may provide you with a chat facility to enable you to communicate with us, other Patrons and our chat hosts on certain Products on the Bally Bet Platform. We may review and keep a record of all such content on such chat facility.
16.2 Chat Content Standards: As a condition of your use of the chat facility, you agree to comply with the Chat Rules (as they are updated from time to time) (which can be found here) and the following terms:
16.2.1 you must not make any statements or submit any material that is sexually explicit or offensive, including messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
16.2.2 you must not make statements or submit any material that is abusive, knowingly untrue, defamatory or harassing or insulting to us or other Patrons;
16.2.3 you must not distribute viruses or any other technology that may harm the Bally Bet Platform or otherwise disrupt our systems or the systems of other Patrons;
16.2.4 you must not make statements or submit any material that advertises, promotes, references, compares or otherwise relates to any other commercial entities or third party services, discusses illegal activities, or post personal details;
16.2.5 you must not make statements or submit any material about us, the Bally’s Group, our Service Parties, affiliates or third party licensors or the Bally Bet Platform or any other website or service connected to us that is untrue and/or malicious and/or damaging to us and/or the foregoing parties and/or their respective third party licensors, service providers or affiliates;
16.2.6 you must not hold us responsible for the publication of Patron content in the chat rooms or on the Bally Bet Platform; and
16.2.7 you must not submit any content that you do not have the right to post.
16.3In the event of you breach any of the terms set out in Section 16.2, we will have the right to remove your access to the relevant chat communication tools and/or suspend your account temporarily or permanently.
16.4Monitoring Levels: We may review and keep records of Patron content that you post on the Bally Bet Platform, including on the chat facility and take necessary action retrospectively. If we consider that any such content is unsuitable, we may mute or suspend your ability to use the chat facility or close your account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
16.5Open Forum: You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Bally Bet Platform and across networks and services owned and operated by Bally Bet and/or the Bally’s Group.
17 PROMOTIONS, COMPETITIONS AND BONUSES
17.1 We may offer certain Bonuses (including Bonus Money and Free Bets as defined in the Standard Promotional T&Cs) and related offers, promotions and competitions from time to time. We may offer you the chance to enter offers, promotions and/or competitions, or you may be automatically entered into a competition and/or promotion as a result of being a Patron. All Bonuses, offers, promotions and competitions are subject to these Terms as well as the Standard Promotional T&Cs (as they are updated from time to time) and any other specific terms and conditions relating to the Bonuses that we publish on the Bally Bet Platform or otherwise including promotional and competition rules, bonus scheme rules, and loyalty scheme rules. In the event of conflict between these Terms and any applicable Specific Promotional T&Cs, the Specific Promotional T&Cs will take precedence.
17.2 If you receive a Bonus, you must comply with the relevant terms set out in our Standard Promotional T&Cs (as they are updated from time to time). In addition, our decisions in respect of such Bonuses are final and binding in all respects.
17.3 Failure to comply with these Terms and any Standard Promotional T&Cs (as they are updated from time to time) will automatically render your Bonus and/or entry into a related offer, promotion or competition void.
17.4 Bonuses are not transferable between accounts.
17.5 Any Patron who is self-excluded will not be eligible to receive a Bonus. Players who self-exclude: (i) during the course of placing a Wager which is eligible for a Bonus; or (ii) after a Wager that is eligible for a Bonus has been placed but before any Bonus has been credited will not be eligible to receive their Bonus or any winnings from such Bonus. Any Bonus received prior to self-exclusion will expire upon self-exclusion.
17.6 Closure of your account will render a Bonus void. Where you close an account during any offer, promotion and/or competition, this will render your entry void and you will not be able to receive a prize.
17.7 We may withhold any Bonuses, prizes or credits awarded as part of an offer, promotion and/or competition at our discretion.
17.8 The offer of any Bonus offer, promotion, competition, loyalty scheme or bonus scheme is made in our discretion, and we may withhold, withdraw, amend or cancel any of the same at any time for any reason and without the need for prior notice. The availability of any of the foregoing on the Bally Bet Platform does not automatically make you eligible to participate in them and your participation may be restricted where specific in the relevant Specific Promotional T&Cs.
17.9 Additional Bonuses: We may choose, in our sole discretion, to provide additional Bonuses or complimentary payments to Patrons, either applied directly to their account or through mechanisms such as offering the facility for Patrons to participate in offers. The application of any Bonus or “comp” to a Patron’s account or the offering of any Bonus does not place any obligation on us to make any similar payment or Bonus to any other Patron. Any Specific Promotional T&Cs applicable to such Bonuses will be stipulated to the relevant Patrons.
17.10 Sweepstakes offers are void where prohibited.
17.11 We will only use your name in publicity materials with your consent. In addition, it is important that you provide valid information when creating your account since it will be used in the course of validating financial transactions and for other purposes described in these Terms and any Additional Terms (including the Privacy Policy).
17.12 In the event that we believe a Patron is abusing or attempting to abuse or otherwise taking unfair advantage of an offer, promotion, competition or Bonus, or is likely to benefit through abuse or lack of good faith, then we may in our sole discretion: deny, withhold or withdraw from any Patron any offer, promotion, competition or Bonus; rescind any term, condition, rule or policy with respect to that Patron; either temporarily or permanently suspend that Patron’s access to the Services; and/or close that Patron’s account. Examples of behavior that will be considered abusive include: opening and/or using multiple accounts on the Bally Bet Platform and on Group Websites in bad faith, closing and reopening accounts on the Bally Bet Platform and on Group Websites in bad faith, irregular betting patterns, minimal risk Wagering (such as by placing opposite bets on the same Event) or any activity that violates the intent of an offer, promotion, competition or Bonus.
18 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
18.1 General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Bally Bet Platform. The trademarks, service marks and logos used and displayed on the Bally Bet Platform are the registered and unregistered trademarks of us or the Bally’s Group. Other parties’ trademarks and service marks that may be referred to on the Bally Bet Platform are the property of their respective owners. Nothing on the Bally Bet Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our, or the Bally Group’s, trademarks, service marks or copyrights, nor those of any of our Affiliates, without our prior, written permission. You will not use or register the trademarks or any confusingly similar marks. We aggressively enforce our Intellectual Property Rights. Neither our name, our subsidiaries or affiliates, nor any of our other trademarks, service marks or copyrighted materials, whether owned by us or licensed from others as aforesaid, may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Bally Bet Platform or otherwise, without our prior written permission, except that a third party website that desires to link to the Bally Bet Platform and that complies with the requirements of Section 20.2 may use the name “Bally Bet” in or as part of that link.
18.2 Software License for Use of the Bally Bet Platform: We are the owner or authorized licensee of all Intellectual Property Rights in the Bally Bet Platform such as the software of the Bally Bet Platform. To the extent we are not the owner of the pricing data, such data is owned by a Service Party and licensed to us, which we provide to you via the Bally Bet Platform solely for use by you for the purpose of placing Wagers via the Bally Bet Platform. The Bally Bet Platform may include software which may be downloaded and installed on your computer, mobile and/or any other device. We hereby grant to you a personal, limited, revocable, non-exclusive, non-sub licensable, non-transferable license for the use of software in connection with the Services exclusively on the Bally Bet Platform on computer, mobile and/or any other device owned or operated by you, solely for the purpose of Wagering and managing your account on the Bally Bet Platform in accordance with these Terms. You may view, copy or print pages from the Bally Bet Platform solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Bally Bet Platform without our express, prior, written consent.
18.3 No Assignment: Other than the license set out in Section 18.2, you neither have nor obtain any right, title or interest in the Bally Bet Platform (including any Platform Content) or any rights therein (including Intellectual Property Rights) of us or our licensors. All right, title and interest (including goodwill) arising from your use of the Bally Bet Platform will vest in us or our licensors (as applicable).
18.4 You agree not to in any way alter, erase or remove any trademark notices, copyright notices, logos or other legal or proprietary designations contained on or within the Bally Bet Platform.
18.5 Save as expressly permitted in these Terms, you agree not to: (a) modify any of the content of the Bally Bet Platform; (b) copy, duplicate, reproduce, modify, distribute, redistribute, sell, resell, exploit, publish, display, transmit, reverse engineer, decompile, disassemble, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning or other inner workings of the Bally Bet Platform or any content or information or work contained in or on the Bally Bet Platform, or your use of and/or access to the Bally Bet Platform; (c) assign, sublicense, transfer, distribute, lease or grant a security interest in the Bally Bet Platform or any content, information or work contained in or on the Bally Bet Platform; (d) make the Bally Bet Platform available to any third party through a computer network or otherwise; (e) export the Bally Bet Platform to any country (whether by physical or electronic means); (f) use the Bally Bet Platform in a manner prohibited by Applicable Laws or these Terms; (g) assert or imply that title or ownership rights in the Bally Bet Platform belongs to you; (h) remove, circumvent, disable, damage or otherwise interfere in any way with any security-related feature of the Bally Bet Platform; or (i) attempt to do any of the foregoing (collectively, the “Prohibited Activities”).
18.6 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You will notify us immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and will provide us with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
18.7 We may in our sole discretion immediately remove or disable any content or suspend or terminate the account of any Patron that is found to have infringed the rights of Bally Bet or of a third party (including the Intellectual Property Rights), or that has otherwise violated any intellectual property laws or regulations or this Section 18. We may, in appropriate circumstances, terminate the accounts of repeat infringers or in the event of any single material infringement at any time.
18.8 COPYRIGHT COMPLAINTS: We own, protect and enforce our copyright and other Intellectual Property Rights, and respect the Intellectual Property Rights of others. Materials also may be made available on the Bally Bet Platform by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Bally Bet Platform. Please notify us promptly if you believe that any materials on the Bally Bet Platform infringe on the Intellectual Property Rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
18.9 If you believe any material available on the Bally Bet Platform infringes your copyright, or otherwise violates your Intellectual Property Rights, then you should notify our copyright agent by providing the following information:
18.9.1 identify the copyrighted work or other intellectual property that you claim has been infringed;
18.9.2 identify the material on the Bally Bet Platform that may be an infringement with enough detail so that we may locate it on the Bally Bet Platform;
18.9.3 a statement by you indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
18.9.4 a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
18.9.5 your address, telephone number and email address; and
18.9.6 your physical or electronic signature.
18.10 Notice of alleged infringement must be sent by email with the subject line "Copyright Infringement" to: ip@ballysinteractive.com.
18.11 Our designated agent for notices of claims of infringement of copyright and other Intellectual Property Rights is:
Bally’s Corporation
Attn: Legal Department - Copyright
100 Westminster Street
Providence, RI 02903
19 SUBMISSIONS:
19.1 If you:
(a) send, transmit, post on the Bally Bet Platform, mail, email or otherwise convey to us, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including postings in chat rooms or on bulletin boards, competition entries, photographs, footage, audio recordings and quotes (including any taken from telephone conversations or email correspondence); and/or
(b) agree to be filmed, photographed and/or recorded for the purposes of producing audio, visual and audio-visual material for inclusion in marketing and publicity material,
(collectively, the "Submissions"),
subject to our Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to us and our successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights, including Intellectual Property Rights, (collectively, "Rights") that may exist in such Submissions. You also warrant to us that any third-party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set out above. You further acknowledge that we and our successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, including if you close your account.
20 We operate official pages on Facebook, Twitter and other social media websites in relation to the Bally Bet brand and other brands of (or licensed by) the Bally’s Group (collectively, the "Social Media Pages"). You accept that the Social Media Pages may feature Submissions made by or featuring you. You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages.
THIRD PARTY CONTENT
20.1 We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Bally Bet Platform by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
20.2 If a third party links to the Bally Bet Platform, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Bally Bet Platform. A third party website that links to the Bally Bet Platform: (a) may link to, but not replicate, our content (including the Platform Content); (b) may not create a browser, border environment or frame our content (including the Platform Content); (c) may not imply that we are endorsing it or its products or services; (d) may not misrepresent its relationship with us; (e) may not present false or misleading information about our products or services; (f) should not include content that could be construed as distasteful, offensive or controversial; and (g) should contain only content that is appropriate for all age groups.
21 DISCLAIMERS; INDEMNIFICATION; LIMITATION OF LIABILITY
21.1 CONVENIENCE AND INFORMATION ONLY: The Bally Bet Platform is provided to you as a convenience and for your entertainment and information only. By merely providing access to the Bally Bet Platform, we do not warrant or represent that: (a) the Platform Content: (i) is accurate or complete; (ii) is up-to-date or current (nor do we have any obligation to keep any such Platform Content up to date); (iii) is free from technical inaccuracies or typographical errors; or (iv) is free from changes caused by a third party; and/or (b) your access to the Bally Bet Platform will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained in response to questions asked through the Bally Bet Platform is accurate or complete.
21.2 Available Markets: We do not guarantee the availability of any Event at any specific time, irrespective of whether the market was offered by us for Wagering in the past.
21.3 Bally Bet Platform Display: Information displayed on the Bally Bet Platform (including Scores Data and other Platform Content) for the purposes of Wagering is for illustration purposes only. We do not accept responsibility for Wagers that are placed on the basis of all such display information save for the case of our serious error or negligence. This information may be provided by third party service providers in good faith, and may not be up to date (such as live video coverage delays) or may be affected by a Malfunction. Scores Data and other Platform Content displayed on the Bally Bet Platform does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or content by you or any Patron, or by anyone who may be informed of any of its contents. Any odds placed adjacent to Scores Data does not amount to the relevant odds being attributable to the relevant Scores Data as they may be a delay in Scores Data being updated due to a Malfunction or due to the publication of incorrect Scores Data. Wagers must only be placed in reliance on odds independently of Scores Data, and Wagers will be Settled based on odds independently of Scores Data in accordance with these Terms.
21.4 We do not endorse, warrant or guarantee any third-party product or services shown on the Bally Bet Platform and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
21.5 NO WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE BALLY BET PLATFORM IS AT YOUR SOLE RISK. THE BALLY BET PLATFORM, SOFTWARE, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED AND INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE BALLY BET PLATFORM ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE BALLY BET PLATFORM, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCT OFFERED IN CONNECTION WITH THE BALLY BET PLATFORM ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE BALLY BET PLATFORM OR THE SERVERS USED IN CONNECTION WITH THE BALLY BET PLATFORM ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE BALLY BET PLATFORM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE BALLY BET PLATFORM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MALFUNCTION, MAINTENANCE OR REPAIR OR FOR AN EVENT BEYOND CONTROL (INCLUDING OUTAGES OR SOFTWARE ERRORS THAT RESULT FROM ACTIONS TAKEN BY SOCIAL MEDIA WEBSITES). WE SHALL NOT BE REQUIRED TO PROVIDE ANY BACK UP OR FAIL OVER INFRASTRUCTURE, NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE SERVICE PARTIES OR OBTAINED THROUGH OR FROM THE BALLY BET PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
21.6 INDEMNIFICATION: You agree to defend, indemnify and hold harmless the Service Parties and their directors, officers, employees and agents together with our Affiliates from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees) and any other charges whatsoever, howsoever caused, assessed or incurred by us or them, directly or indirectly, with respect to or arising out of: (a) your failure to comply with these Terms; (b) your breach of your obligations under these Terms; and/or (c) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (d) any use by any person accessing the Bally Bet Platform and the Services using your username, password or any other personal data, whether or not with your authorization; (e) any violation by you of any Applicable Laws; (f) any infringement by you of the rights of any third party (including any personal rights and any Intellectual Property Rights); (g) any acceptance of any winnings you are not otherwise legally authorized to receive, whether by the error or omission of the Service Parties or any of its third party service providers.
21.7 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE BALLY BET PLATFORM AND ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE BALLY BET PLATFORM WILL BE NO GREATER THAN $2,000. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE BALLY BET PLATFORM AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE BALLY BET PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE BALLY BET PLATFORM AND/OR ANY SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE BALLY BET PLATFORM. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
21.8 IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
21.9 YOU MUST BE LOCATED IN THE AUTHORIZED GAMING JURISDICTION TO ACCESS THE AUTHORIZED BALLY BET INSTANCE. IN ACCESSING THE AUTHORIZED BALLY BET INSTANCE FROM THE AUTHORIZED GAMING JURISDICTION, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES, AND THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE BALLY BET PLATFORM, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCTS; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
21.10 YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR CLAIMS WHICH MAY BE CAUSED BY ANY: (A) FAILURE OF ANY TELECOMMUNICATIONS OR OTHER DATA TRANSMISSION SYSTEM THAT RESULTS IN: (I) THE FAILURE OF, OR DAMAGE OR DESTRUCTION TO, THE SERVICE PARTIES’ CENTRAL COMPUTER SYSTEM, SERVERS OR RECORDS, OR ANY PART THEREOF; OR (II) DELAYS, LOSSES, ERRORS OR OMISSIONS (INCLUDING WITHOUT LIMITATION ANY DELAY IN THE TRANSMISSION OF EVENTS OR SCORES DATA AND ANY DELAY IN THE RECEIPT AND ACCEPTANCE OF WAGERS); (B) ANY EVENT BEYOND CONTROL; OR (C) ANY THIRD PARTY INTERCEPTION OR MISUSE OF PATRONS’ PAYMENT DETAILS.
21.11 We reserve the right in our sole discretion, to suspend, modify, remove, withdraw, discontinue, terminate or add to the Bally Bet Platform, Products and/or the Services or any part of these, subject to any Applicable Laws or direction from the Regulator, at any time with immediate effect and without the need for notice. We will not be liable for any loss suffered by you, including any indirect, consequential, incidental or special damages, resulting from any changes made to the Bally Bet Platform, Products and/or Services, and you will have no claims against us in such regard.
22 COMPLAINTS
22.1 If you have a complaint, please follow our complaints procedure as set out in our FAQs and by contacting our Customer Support team at support@ballybet.com or via live chat.
22.2 In the event of a Patron dispute after all reasonable steps have been taken by you and us to resolve your complaint, you must first file a Patron dispute with Bally Bet before filing with the Regulator. No claims or disputes will be considered more than seven (7) days after the date of the original transaction and all claims or disputes should be raised with our Customer Support team at support@ballybet.com. We will investigate each complaint and provide a response to you within ten (10) days. In those cases where our Customer Support team does not resolve the Patron dispute to your satisfaction, then you may file the Patron dispute with the Regulator by submitting the Contact Form on the Regulator’s website (https://www.in.gov/igc/contact-us/).
22.3 We may provide a copy of your complaint if it relates to your account, Wager outcomes and/or illegal activity and our response to you, including any relevant documentation, to the Regulator.
23 MISCELLANEOUS
23.1 Local Laws: We make no representation that content or materials on the Bally Bet Platform are appropriate or available for use in jurisdictions outside the United States. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services outside of the Authorized Gaming Jurisdiction. Only persons legally permitted by their respective jurisdiction may participate in Wagering. Access to the Bally Bet Platform from jurisdictions where such access is illegal is prohibited. If you choose to access the Bally Bet Platform from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Neither we nor the Bally's Group shall be responsible for any such violation of Applicable Laws. You may not use or export the Content or materials on the Bally Bet Platform in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
23.2 Events Beyond Our Reasonable Control: If we are prevented from providing all or part of the Bally Bet Platform (including any service or Product) or fulfilling any of our obligations under these Terms due to an Event Beyond Control, the Bally Bet Platform (including any service Product) may be suspended until such time as we are able to provide access to the Bally Bet Platform (or any affected part thereof) or fulfil any obligations under these Terms. You agree to waive any claim against us which may arise in such circumstances.
23.3 If we cannot offer the Services due to an Event Beyond Control, the Services may be offered by another group company of the Bally’s Group.
23.4 For service quality assurance, we may record and collect contact made by you to our Customer Support team in compliance with Applicable Laws and in accordance with the permissions granted by you, subject to us providing any disclosures to you as required by Applicable Laws.
23.5 We will not tolerate any abusive behavior exhibited by Patrons to Bally Bet or our employees or our Affiliates. In the event that we in our sole discretion deem that your behavior, whether via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees or our Affiliates, we may suspend or terminate your account.
23.6 To the extent they do not conflict with the terms of these Terms, you agree to the terms and conditions of any other third party service provider that provides third party services through the Bally Bet Platform or the Services.
23.7 Nothing in these Terms will be construed so as to grant you any security interest whatsoever over the assets of Bally Bet, including on any amounts standing to the credit of your account.
23.8 Separate Effect: If any part of these Terms is disallowed or found to be ineffective or unenforceable in any respect, then the other provisions of these Terms will continue to apply.
23.9 No Waiver of Rights: Any failure by us to insist, in any one or more instances, upon performance of any of these Terms or to exercise any rights hereunder, will not be construed as a waiver or relinquishment of the future performance by us of any rights or as a waiver of any preceding or succeeding breach of any of these Terms, and will not excuse you from any performance under the Terms.
23.10 Third Parties: These Terms form an agreement between you and us and are not intended to give any rights to any third party unless otherwise stated. This does not affect our right to transfer our rights under Section 23.11. For the avoidance of doubt, each company of the Bally’s Group is an intended third-party beneficiary of these Terms.
23.11 Transfer of Rights: We may wish to transfer, assign, sub-license or pledge our rights or obligations under these Terms in whole or in part to any of our parent, subsidiary and/or affiliate entities, or to any other legal entity, including: (a) any of the Service Parties; or (b) if we restructure our business or if there is a sale of our business. You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms, your rights in connection with these Terms will be against the new legal entity. These Terms are personal to you and you may not transfer, assign, sub-license or pledge in any manner any of your rights or obligations under these Terms to anyone else.
23.12 CHOICE OF LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
23.12.1 Governing law: These Terms will be governed by the laws of the State of Indiana, without giving effect to any principles of conflicts of laws.
23.12.2 AGREEMENT TO ARBITRATE: WITHOUT PREJUDICE TO OUR RIGHTS AS SET OUT IN SECTION 23.12.12, YOU AND EACH OF THE SERVICE PARTIES (INCLUDING THE COMPANY) AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICE, OR YOUR AND EACH OF THE SERVICE PARTIES’ DEALINGS WITH ONE ANOTHER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
23.12.3 YOU UNDERSTAND AND ACKNOWLEDGE THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED.
23.12.4 ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
23.12.5 Time Limits: Any cause of action or claim you may have arising out of or relating in any way to these terms of use, your use of the service (including your use of third party payment vendor services), or your and the applicable Service Party’s dealings with one another must be commenced in arbitration within one (1) year after the cause of action accrues. After that one (1)-year period, such cause of action or claim is permanently barred. Some jurisdictions do not allow time limitations other than those set forth in such state’s statute of limitations laws. In such cases, the applicable statute of limitations provided for under the laws of such state shall apply.
23.12.6 This agreement to arbitrate involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and not by state law. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this section. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
23.12.7 The arbitration will be conducted by using a single arbitrator with substantial experience in resolving commercial contract disputes that you and each of the Service Parties agree upon in writing or if you and the Service Parties cannot agree that is appointed by the AAA from its roster.
23.12.8 For any claim where the total amount of the award sought is $10,000 or less, the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions.
23.12.9 If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Marion County in Indiana.
23.12.10 The arbitrator may award equitable relief, such as specific performance, as well as monetary damages for any breach of under these Terms, but in no event may the arbitrator award consequential, punitive or special damages or any other damages or that is contrary to Applicable Laws.
23.12.11 You understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. All fees and costs of any arbitration will be assessed and paid equally by you and the relevant Service Parties, provided that the arbitrator may apportion the costs of arbitration in such manner as it deems reasonable, taking into account the circumstances of the arbitrable dispute, the conduct of you and the Service Parties and the result of arbitration. In addition, the arbitrator will be entitled to award to you and the Service Parties the reasonable attorneys’ and experts’ fees, as determined by the arbitrator, incurred in connection with your and the Service Parties’ preparation for and participation in the arbitration.
23.12.12 The arbitrator’s ruling is final and binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
23.12.11 You and each of the Service Parties agree that all challenges to the validity and applicability of this agreement to arbitrate — i.e. whether a particular claim or dispute is subject to arbitration — shall be determined by the arbitrator. If this agreement to arbitrate in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in County in Indiana or the United States district court located in Marion County in Indiana, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these terms.
23.12.12 If there is a final judicial determination that Applicable Laws preclude enforcement of Section 23.12’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. Any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitral claims and remedies.
23.12.13 If there is a final judicial determination that either the class arbitration and collective relief waiver or the provisions in these Terms are not enforceable as to a particular claim or request for relief, then that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
23.12.14 This agreement to arbitrate will survive termination of your use of the service and your relationship with each of the Service Parties.
23.12.15 Misuse of Intellectual Property: Notwithstanding the agreement to arbitrate in Section 23.12.2, we reserve the right to seek monetary damages, equitable and injunctive relief from a court of law with regard to a claim for the alleged unlawful use of our Intellectual Property Rights. In the event that we prevail in any such action or proceedings, you agree to pay, in addition to all other remedies to which we as the prevailing party may be entitled, the costs and expenses incurred by us in conducting or defending the suit, action, or proceeding, including any attorneys' fees and expenses and court costs, even if not recoverable by law (including, without limitation, all fees, taxes, costs, and expenses incident to appellate and post-judgment proceedings).
23.12.16 YOU AGREE THAT BY CLICKING THAT YOU ACCEPT THESE TERMS AND BY USING THE BALLY BET PLATFORM, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCTS, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EACH OF THE SERVICE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.
Your Consent To These Terms
By accessing and using the Bally Bet Platform, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Bally Bet Platform that you think is inappropriate, please let us know by sending your comments to:
Bally’s Interactive, LLC
Attn: Customer Support - Bally Bet Platform
Terms and Conditions for Alternative Supported Jurisdictions
To access the terms and conditions for the Bally Bet Platform as made available in Alternative Supported Jurisdictions, please click the following hyperlinks:
Copyright © Bally's Corporation and/or its affiliates and licensors 2024. All Rights Reserved.