WSI US, LLC
Terms and Conditions Agreement
WSI US, LLC ("Wynn") is the operator of the WynnBET App (the “App”) and the website domain www.wynnbet.com (the App and website collectively referred to as the “Site”). Your use of all the App, the Site any of the services offered on the Site is subject to these Terms and Conditions (the "Terms"). Your use of the Services (as defined below) constitutes your binding acceptance of these Terms, including any modifications made to the Terms. If you do not agree to be bound by the Terms, you should exit the Services immediately. Please read these Terms carefully before using the Services.
1. Introduction. Wynn is authorized and regulated by the Indiana Gaming Commission (“IGC”) for the purposes of operating and offering real-money Internet-based or mobile application-based sports wagering (hereinafter referred to as the “Gambling Services” or “Services”).
If you or someone you know has a gambling problem and wants help, call 1-800-9-WITH-IT. Resources for those seeking help with a gambling problem can be found at Indianagamblinghelp.com.
2. Acceptance of the Terms. Wynn is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by Wynn from time to time without notice to you by posting revised Terms on the App and Site. You can review the most current version of the Terms at any time by visiting here. We hope that you will find the information provided on the App and Site informative and useful.
The software offered by Wynn, which may be made available in either downloadable or non-downloadable form (the "Software"), allows you to use the Services currently available. Wynn reserves the right in its sole discretion and without providing any prior notice to you to:
suspend, modify, remove or add to the Services in its sole discretion, subject to any statute, regulations, or direction from the IGC, with immediate effect, and without notice change or terminate all or any part of Wynn Services;
restrict or terminate your access to all or any part of our Services; or
refuse, move, or remove any content or material that you submit to the Site.
Wynn shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against Wynn in such regard.
IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY STOP USING THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR COMPUTER OR MOBILE DEVICE. BY REGISTERING WITH US, USING THE SOFTWARE OR LOGGING ONTO THE SERVICES, YOU EXPRESSLY CONSENT TO THESE TERMS.
3. Access to the Service. Wynn is providing you with the information and functionality in the App and Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services. Wynn reserves the right to deny access and/or registration to anyone at any time in its sole and absolute discretion.
In respect to your use of the Services, you may only have one account for which you will register using your own legal name. You shall access the Software and use the Services only via your own account. You may never access the Software or use the Services by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Services by means of any other person's account, Wynn will be entitled to block your account pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and you being barred from future use of the Services.
4. User Obligations. In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Services, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the App, Site, or Services for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if Wynn has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, Wynn has the right to refuse you any and all current or future use of the Site (or any portion thereof).
5. Your Account and Password Security. Your account is for your sole personal use only and shall not be used for any professional, business, or commercial purpose.
Site users will be required to select a password and account designation upon completing registration to use the Services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify Wynn immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's password or account. Wynn shall not be responsible for any third-party access to your account. Under no circumstances shall Wynn be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account. All transactions where your username and password have been entered correctly will be regarded as valid whether or not authorized by you.
Monies held in your account shall not gain any monetary interest.
If you do not access your account by 'logging on' using your account name and password, and either: (i) place a cash wager or bet; or (ii) make a deposit or withdrawal as applicable for any period of twelve consecutive months, your Account will be considered a “dormant account.” Once an account falls into “dormant account” status, any funds remaining on deposit and any pending wagers shall be forfeited in accordance with applicable law.
We reserve the right to limit or refuse any bet, stake, or other wager made by you or through your account.
6. Compliance with Laws and Location Verification. Use of the Services is restricted to users who are playing from within the State of Indiana . You represent, warrant, and agree to ensure that your use of the Software and the Services will comply at all times with all applicable laws, statutes, and regulations.
You acknowledge that you will be physically within the State of Indiana during any time of play and you will comply with our requirements in connection with verifying your physical location at time of play, including by use of your mobile phone's current location. Location coordinates are gathered while the Service is in use, including without limitation, upon opening the App or Site and at regular intervals while continuing its use. Your data will be used only by us and by our third-party vendors and service providers and any other affiliated entity to provide the Services, or as otherwise permitted by law. If you do not wish to share your location, you will not be able to use the Services. You can control whether your location is shared with us through your device settings or by ceasing use of the Services.
Certain services will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing, and using your location data in order to provide and improve location-based services.
Wynn shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult an attorney if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist Wynn, to the extent you are able, with its compliance with applicable laws and regulations.
Persons located outside of the State of Indiana, at the time of their activity, may not use the Services for real money play.
7. Permitted Uses of the Service. No one under the age of 21 years old (individuals 21 or older referred to herein as "Of Legal Age") may download the Software or use the Services under any circumstances, and any person not Of Legal Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the State of Indiana. It may be a criminal offense to allow a person who is not Of Legal Age to participate in Internet or mobile casino or sports betting. Anyone who facilitates someone not Of Legal Age to use the Services may have committed a criminal offense and shall be prohibited from using the Services. Wynn reserves the right to request proof of age at any time to verify that persons not Of Legal Age are not using the Services. Wynn may terminate a person's account and exclude a person from using the Software or the Services if proof of age is not provided or if Wynn suspects that a person using the Software or the Services is not Of Legal Age. Any initial deposits made by a player in such account shall be returned within 60 business days of cancellation, subject to IGC approval. Wynn reserves its discretion with respect to refund of any bonuses or winning funds provided to or gained by the player.
You hereby explicitly consent that Wynn may verify your registration details, such as your name, physical address where you reside, your date of birth, and your social security number and/or your passport identification (for non US residents) to confirm that you are Of Legal Age. Wynn reserves the right to verify that you have not been previously self-excluded with Wynn, the IGC, or any program offered by a governmental agency, or otherwise remain on the Wynn’s self-exclusion list. By requesting certain documents, Wynn reserves the right to verify your information, including your e-mail address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport, (b) proof of address such as a utility bill, and (c) proof of payment method, and can be sent to us by e-mailing firstname.lastname@example.org or using the upload functionality in the App. In Wynn’s sole discretion, Wynn may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event Wynn’s request for documents is not completed by you to Wynn’s sole satisfaction, Wynn will terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account shall be returned within 7 business days of cancellation. Wynn reserves its discretion with respect to the refund of any bonuses or winning funds provided to or gained by the player. Should the documents fail our internal security check (for example, if Wynn suspects that the documents have been tampered with, or are in any way provided to mislead or misrepresent), Wynn shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regards to the documents.
You hereby explicitly consent to Wynn performing background checks on you for any reason, including, but not limited to, any investigation into your identity, any credit checks performed, or any inquiries into your personal history. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of your registration details, such as name, address, and age; verification of your financial transactions; and verification of your gaming activity. Wynn shall be under no obligation to advise you of such an investigation taking place. Such activities may include the use of specific third-party companies who perform the investigations as required. Wynn may decide, in its sole discretion, to block your account, and withhold all funds, on the basis of such an investigation.
All employees, consultants, directors, officers, agents of Wynn and its affiliated entities shall comply with employee policies of Wynn and its affiliates and IGC regulations prior to and during any use of Services. In accordance with IGC regulations, the following persons in addition to those who are not Of Legal Age are prohibited from using the Services: (i) members, employees, or agents of the IGC, or the spouse of such individuals; and (ii) persons on a list distributed by the IGC who are prohibited from placing a sports wager.
You have the right to set responsible gaming limits and to self-exclude from the Services as detailed in the Responsible Gambling Policy.
8. Your Representations. In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant, and agree that:
As the end user, you are Of Legal Age, as defined in this Agreement, of sound mind, and capable of taking responsibility for your own actions.
All details provided by you to Wynn, either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct, complete, and match the full name(s) on the credit/debit card(s) or other payment accounts, including payment via the automatic clearing house (ACH online check transfers) or commonly referred to as “e-Checks,” to be used to deposit or receive funds in your account. You shall ensure that funds deposited into an Internet casino gaming or sports betting account from a financial institution shall not be transferred out of the account to a different financial institution and ensure you have sufficient available funds prior to conducting any wagering activities. Wynn does not extend credit to any player for any reason for wagering or playing or any related activities on the Site. You will promptly notify us of any changes to details previously provided by you to Wynn. From time to time, you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks, you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading, or otherwise incomplete, you will be in breach of this Agreement and Wynn reserves the right to terminate your account immediately and/or prevent you from using the Software or the Services, in addition to any other action that Wynn may choose to take. You shall not transfer any funds to any other player or account holder.
As the end user, your account with Wynn is solely for your benefit. You shall not allow anyone (including a relative) to use your account, password, or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being used by a third party and/or any third party has access to your account username or password so that Wynn may investigate such matter, and you will cooperate with Wynn, as Wynn may request, in the course of such investigation.
As the end user, you are responsible for the security of your username and password on your own computer and any device on which the Software is or may be accessible including Internet access location. If this username password combination is “hacked” from your computer, due to any virus or malware that may be present on the computer that you access your account with, this is solely your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to Wynn. It is your responsibility to configure your auto lock feature to protect your computer or device from unauthorized use.
As the end user, you have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction. You fully understand the methods, rules, and procedures of the Services and Internet or mobile casino gaming or sports betting in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of Wynn.
As the end user, you are fully aware that there is a risk of losing money when betting or ambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion, and risk. In relation to any loss, you shall have no claims whatsoever against Wynn or any company within the same group of companies as Wynn or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
As the end user, you agree to use the Site, Services, and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings paid to you by Wynn or any other related or affiliated entity, subject to applicable local, state, and/or federal tax regulations.
As the end user, you are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by you, Wynn may not guarantee that the Software shall recall your exact status prior to the disconnection event.
As the end user, you shall use the Services and the Software only in good faith towards both Wynn and the other players using the Services. In the event that Wynn deems you have been using the Services or the Software in violation of any applicable law and/or to cause direct or indirect harm or injury to Wynn or any user of the Services, Wynn shall have the right, subject to any applicable law, to terminate your account with the Services and any other accounts you may hold with Wynn and Wynn shall be entitled to retain all monies therein. You hereby expressly waive any future claims against Wynn in such regard, subject to any applicable laws.
As the end user, you acknowledge and agree that should you choose to self-exclude, as provided for by regulation, from the Services operated by Wynn or its affiliates, you shall not be permitted to open or use a new account with any other website operated by Wynn or use the Services during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event you are in breach of the foregoing, Wynn will block any new account you open with another website operated by Wynn, refund any funds you may deposit (or have previously deposited) therein, and shall not be liable to refund you any funds you may have wagered or won through such account.
You hereby grant Wynn and/or the IGC your consent to monitor and record your wagering communications and geographic location information at all times and you shall have no claims against Wynn in such regard.
9. Payment Transactions and Payment Funds. Each user of the Services is fully responsible for paying all monies owed to Wynn. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you will reimburse Wynn for any charge-backs, denial or reversal of payments you make and any loss suffered by Wynn as a consequence thereof. Wynn may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
Wynn reserves the right to 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 this Agreement, you agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions.
In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment or dispute or fraud relating to ACH/e-checks), Wynn reserves the right to block your account, reverse any pay-out made and recover any winnings. Wynn shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. However, under no circumstances shall Wynn be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
All payments into your account must be from a single payment source, such as a credit card, debit card, charge card or ACH/e-check on which you are a named account holder.
10. Dispute Resolution.
In relation to any and all disputes between you and Wynn, you accept where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) Wynn records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute Wynn’s decisions in regard to such matters.
Notwithstanding the foregoing, Wynn will be under no obligation to consider any claims or disputes whether between you and another user or you and Wynn that are more than seven days after the date of the original transaction or event giving rise to the dispute. All claims or disputes should be raised with the customer service department at email@example.com
For complaints related to your account, settlement of wagers, or illegal activity for which you have exhausted all reasonable means in resolving a complaint with Wynn and that remain unresolved, Wynn shall notify the IGC.
You hereby consent to the jurisdiction of the State of Indiana to resolve any disputes arising out of the Gambling Services or use of the Site.
11. Text Messages. By agreeing to these Terms, you expressly consent to the following additional conditions regarding being contacted via e-mail or text message:
SPECIAL TERMS PROVIDING EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES
You warrant and represent to Wynn that you are either the account owner of any mobile or residential phone numbers you provide to Wynn, or you have the express permission of the account holder to provide such numbers (“Provided Number(s)”).
You expressly consent that Wynn or any of its agents may call any Provided Number or text any Provided Number with account, marketing, and advertising messages made using an automatic telephone dialing system or an artificial or prerecorded voice.
You also understand that consent to receive calls, e-mail and text messages is not a requirement for your use of this Site. You may revoke your consent at any time by contacting us at firstname.lastname@example.org
12. Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site for Services, including but not limited to win/loss reports. You acknowledge that you may not rely on any content on the Site or through Services, including but not limited to win/loss reports. Wynn makes no representations or warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the Site or through Services and provides the information on the Site or through Services for reference only, including but not limited to win/loss reports.
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site or through Services may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to availability that is applicable to your transaction. Wynn shall not assume any responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor transactions affected by such inaccuracies. Wynn reserves the right to make changes, corrections, cancellations, and/or improvements to the information on the Site or through Services, and to the products and programs described on the Services, at any time without notice, including after confirmation of a transaction.
13. Disconnect Policy.
The following provisions apply in the case of player disconnection from the network server during gameplay: (i) In the case where no player input is required to complete the game, the game shall produce the final outcome as determined by the House Rules. The game outcome will be reflected in the game history available to the player. (ii) In the case where player input is required to complete the game, the game shall not produce the final outcome. Upon the reconnection of the player to the network, he will be returned to the game state immediately prior to the interruption and allowed to complete it. Any wager placed prior to disconnection from the network service will not be refunded, returned or credited to player.
14. Prohibited Uses. Illegal Funds and Unlawful Activities: As the end user, you declare that the source of funds used by you for gambling on the Site is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S federal laws and/or the laws of the State of Indiana, the regulations of the IGC and/or any directives or instructions of the IGC. If Wynn has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, Wynn is under no obligation to refund you any funds that may be in your account, subject to approval of the IGC. In addition to terminating your access to the Services and/or blocking your account, Wynn reserves the right to prevent you from accessing any of Wynn's other websites or servers, or accessing any other services offered by Wynn. Wynn shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent, or improper activity. Furthermore, you may be placed on the IGC’s Internet Self-Restriction Program list. As the end user, you agree to cooperate fully with Wynn to investigate any such activity.
Circumvention: Wynn has developed and employs sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access, or attempt to break into or access or otherwise circumvent Wynn's security measures. If Wynn believes, in its sole discretion, that you are in breach of this clause, Wynn may terminate your access to the Services immediately and/or have your account terminated or blocked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and you being barred from future use of the Services. Wynn reserves the right to inform Interested Third Parties of your breach. If your account is terminated or blocked in such circumstances, Wynn is under no obligation to refund you any of the funds that may be in your account, with such funds being forfeited, subject to IGC approval. In addition to terminating your access to the Services and/or blocking your account, Wynn reserves the right to prevent you from accessing any of Wynn's other websites or servers, or accessing any other properties or services offered by Wynn.
Artificial Intelligence: Robots: The use of any automated tool designed to provide assistance in betting decisions or used in any way in connection with your use of the Services is strictly prohibited. Therefore, the use of software, external devices, programs or applications is strictly prohibited. You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (hereinafter referred to as "AI Software") in connection with your use of the Services. Wynn constantly reviews the use of the Services in order to detect the use of AI Software and in the event that Wynn deems it has been used, Wynn reserves the right to take any action Wynn deems fit, including immediately blocking access to the Services to the offending user and terminating such user's account. If your account is terminated or blocked in such circumstances, Wynn is under no obligation to refund you any of the funds that may be in your account, with such funds being forfeited, subject to IGC approval. In addition to terminating your access to the Services and/or blocking your account, Wynn reserves the right to prevent you from accessing any of Wynn's other websites or servers or accessing any other properties or services offered by Wynn.
Prohibited Persons: You acknowledge that Wynn is a United States company and operates licensed gaming establishments. As such, Wynn is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on the IGC;s "Voluntary Exclusion” list or “Internet Self-Restriction” list. You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to use any Wynn Services.
Voluntary Self-Exclusion: Persons who have executed and submitted a request for voluntary self-exclusion from Internet or mobile sports betting through the Internet Self-Restriction Program ("Self-Exclusion") through the IGC may not use the Service. Creating an account on the Service does not rescind your Self-Exclusion. Rescission of a Self-Exclusion is governed by the terms and conditions set by the IGC.
You also have the right to set responsible gaming limits and to self-exclude from the Services as detailed in the Responsible Gambling Policy .
If Wynn has reason to suspect that an account or group of accounts are operating systematically – for example employing specific wagering techniques or wagering as a group, Wynn shall have the right to block or terminate all accounts and in such circumstances, Wynn shall be under no obligation to refund you any funds that may be in your account, with such funds being forfeited, subject to IGC approval.
15. Third Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Wynn of the organizations sponsoring these sites or their products or services. Wynn makes no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness, or availability. Because Wynn has no control over third-party websites and resources, you acknowledge and agree that Wynn is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Wynn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
16. Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Wynn or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by Wynn are the copyright of Wynn. All rights reserved. You agree that all of Wynn's trademarks, trade names, service marks, logos, and service names are trademarks and are property of Wynn (the "Wynn Marks"). You agree not to display or use in any manner the Wynn Marks, without the express prior written permission of Wynn.
17. No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
18. Limits on Liability. You are free to choose whether to use the Services and do so at your sole option, discretion and risk. You acknowledge and agree that neither Wynn, its affiliated companies or any third party service provider (“Affiliates”) or its third party licensors will not be liable in contract, tort, negligence, or otherwise for:
the contents of any communication, message, or information posted by you or other third parties;
the content of any website not controlled, owned, or operated by Wynn that is accessed from or linked to this Service;
the content, services or information provided by any website purporting to be operated by Wynn or its affiliates, but not actually affiliated with, controlled, owned, or operated by Wynn;
any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if Wynn has been advised of the possibility of such damages. Wynn will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Service.
Wynn, its Affiliates, and its third-party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above and if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform Wynn of the error and shall repay any winnings credited to your account in error to Wynn (as directed by Wynn) or Wynn may, in its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by Wynn, as permitted under IGC regulations.
Nothing in this Agreement will operate so as to exclude any liability of Wynn for fraud, death, or personal injury that is caused by Wynn’s gross negligence or intentional wrongdoing.
20. Indemnification. You agree to indemnify, defend and hold Wynn, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, or your infringement of any intellectual property or other right of any other person or entity.
21. Enforcement. Wynn does not assume responsibility to you or others for any failure by Wynn to enforce the provisions contained in the Terms.
22. Termination. You agree that Wynn, in its sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Wynn believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, Wynn may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Wynn may immediately bar any further access to the Site. Further, you agree that Wynn shall not be liable to you or any third party for any termination of your access to the Site.
23. General Acknowledgments. You acknowledge that Wynn may establish general practices and limits concerning your use of the Site. You agree that Wynn has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms does not guarantee you any material benefits. Wynn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Wynn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Wynn reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
25. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL, WYNN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WYNN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SERVICE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
WYNN MAKES NO WARRANTY THAT (i) THE SERVICE, SOFTWARE, AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICE AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY SOFTWARE, MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYNN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
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.”
WHEN ACCESSING THE SERVICE FROM INDIANA, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) 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 (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE WYNN, AND ITS 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 WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST WYNN 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 WYNN 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.
WYNN SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SERVICE.
26. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
27. Notice and Procedure for Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Wynn reserves the right, but not the obligation, to terminate your right to use the Site if Wynn determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Wynn accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Wynn has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Wynn to receive notification of claimed infringement is:
WSI US, LLC Attn: General Counsel 3131 Las Vegas Blvd. South Las Vegas, NV 89109 Phone: 702.770.7592 Facsimile: 702.770.1518
Wynn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
28. Governing Law. You and Wynn agree that the Agreement, including without limitation, the Privacy Notice and Additional Rules, and the relationship between you and Wynn shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of laws analysis. You and Wynn hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Marion County, Indiana or the United States District Court for the Southern District of Indiana for purposes of all legal proceedings arising out of or relating to the Agreement and agree not to commence any legal proceedings related thereto except in such court. You and Wynn irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Notwithstanding anything contained herein, the Services are provided in accordance with the Sports Wagering Statute, the Regulations of the IGC, and Wynn's Internal Controls.
Waiver. Wynn’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wynn in writing.
Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
Patron Protection can be found here.
Effective Date: 12/16/2020