Terms & Conditions
This End User License Agreement (this “Agreement”) was last updated on May 3, 2021
IMPORTANT.
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE “SOFTWARE”) OF SCIENTIFIC GAMES DIGITAL (“SGD”) UNDER A LICENSE FROM SGD TO BOARDWALK 1000, LLC (dba HARD ROCK HOTEL & CASINO ATLANTIC CITY) (“BOARDWALK 1000, LLC” or “HRHCAC”) (UNLESS THE CONTEXT INDICATES OTHERWISE, SGD AND BOARDWALK 1000, LLC ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE “COMPANY”, “WE”, OR “US”). A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ACCESSING THE WEBSITE(S) AND THEIR CONTENT IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUBLICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE AND THE WEBSITE(S).
PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS AS TO YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION BEFORE FURTHER USING THE WEBSITE(S) AND ACCESSING THEIR CONTENT.
BY CHECKING THE “I AM 21 OR OVER,I ACCEPT THESE TERMS & CONDITIONS” RADIO BUBBLE DURING THE ACCOUNT REGISTRATION PROCESS, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK THE “I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS” BOX, DISCONTINUE THE ACCOUNT REGISTRATION PROCESS, AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE, SERVICE, OR THE WEBSITE(S).
1. INTRODUCTION.
1.1 HRHCAC, with its principal place of business located at 1000 Boardwalk, Atlantic City, New Jersey 08401, is the operator of the website domain HardRockCasino.com (the “Website(s)”). The Company is licensed and regulated by the New Jersey Division of Gaming Enforcement (the “Division”) for the purposes of operating and offering real-money, Internet-based and/or mobile application-based interactive gaming services (the “Services”).
1.2 When you (“End User” or “User” or “You” or “Your”) use the Website(s), the Software, or the Services, this Agreement shall apply to such use.
1.3 In addition to this Agreement, all “Additional Rules”, as defined below, apply to Your use of the Website(s), the Software, and the Services, including but not limited to Company loyalty program (hereafter “Wild Card”) terms, and You should review it prior to any use of the Website(s), the Software, or the Services. The HardRockCasino.com Privacy Policy describes how Your personal information will be dealt with and protected. By accepting the terms set forth in this Agreement, You are also acknowledging and accepting the Privacy Policy.
1.4 Your use of the Website(s), the Software, and the Services is strictly subject to all applicable laws, rules, regulations, or other authority that apply to the Services that You are using, including, but not limited to, the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq. (the “Act”), and the regulations promulgated thereunder, N.J.A.C. 13:69-1, et seq. (the “Regulations”), the Privacy Policy, Player Protection page (the “Player Protection Page”), and such other policies as We may issue from time to time (collectively, the “Additional Rules”) in each case as updated from time to time. The Additional Rules are incorporated by reference into this Agreement and shall constitute an integral part thereof. Whenever the term “Agreement” is used herein, it shall be deemed to include the Additional Rules, unless otherwise indicated by the context.
1.5 This Agreement shall prevail in the event of any conflict between this Agreement and any of the game rules or other documents referred to in this Agreement, except for the Privacy Policy. In the event of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall control.
2. ACCEPTANCE OF TERMS AND CONDITIONS.
2.1 By registering with the Company via the Website(s), and/or by using the Software and the Services via the Website(s), and/or by checking the “I am 21 or over and I accept these Terms & Conditions” box during the account registration process, You agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company. This Agreement shall govern Your use of the Website(s), the Software, and the Services at all times.
2.2 The Company operates the Website(s) and offers the Software and the Services in conjunction with an Internet Gaming Permit issued by the Division to HRHCAC.
2.3 The Software, which may be made available in either downloadable or non-downloadable form, allows You to use the Services currently available via the Website(s) and other User interfaces, including, but not limited to, mobile devices. The Company reserves the right, in its sole discretion, to suspend, modify, remove or add to the Website(s), the Software, and/or the Services, subject to any statute, regulations, or direction from the Division, with immediate effect and without notice. The Company shall not be liable for any loss suffered by You, including, but not limited to, any indirect, consequential, incidental, or special damages, resulting from any changes made to the Website(s), the Software, and/or the Services, and You shall have no claims against the Company in such regard.
2.4 In respect to Your use of the Services, You may only register and use one (1) account with the Website(s). Registering for an account with the Website(s) requires that You use 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 or permit any other person to access the Software or use the Services using Your account. You may not register for an account using a company, business, or enterprise name, or any name other than Your own name. If You: (i) attempt to open more than one account, under Your own name or under any other name; (ii) attempt to use the Website(s) or the Services by means of any other person’s account; or (iii) permit another person to access the Website(s) or the Software or use the Services using Your account, then We will be entitled to: (a) block Your account pending investigation; (b) refund or refuse to refund any monies contained in Your account in the Company’s sole discretion; (c) notify the proper authorities of the suspected activity; and/or (d) permanently close Your account(s), and bar You from future use of the Software and the Services.
3. COMPLIANCE WITH LAWS AND LOCATION VERIFICATION.
3.1 Use of the Services is restricted to End Users who are wagering while physically located in the State of New Jersey. You represent, warrant, and agree to ensure that Your use of the Website(s), the Software, and the Services will comply at all times with all applicable laws, statutes, and regulations.
3.2 You acknowledge that You will be physically within the State of New Jersey during any time of real-money play, and that You will comply with the Company’s requirements in connection with verifying Your physical location at time of play, including by use of Your mobile device’s current location and/or using the Wi-Fi networks when You use Your computer, tablet, or mobile device. Location coordinates are only gathered at the time You access a real-money game using Your mobile phone, computer, and/or tablet device, and have agreed to use the geolocation verification service (the “Geolocation Service”). Upon completing the account registration process, and before real-money play, You will be required to download a “plugin” from the Company’s Geolocation Service provider. You hereby consent to Your location being verified via the above-described process each time You login to Your account and also periodically while You are logged in to Your account.
3.3 The mobile device Geolocation Service is available only on selected mobile communications carriers. The Geolocation Service might not be available if Your mobile device is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (“SSL”) technology into password-protected servers. Your data will be subject to the Privacy Policy. Please contact Your mobile communications carrier for rate information and note that message and data rates may apply.
3.4 Strong Authentication is an option You can select during the account registration process, which will use the mobile number You enter during the account registration process. With Strong Authentication, every time You login, you will receive a text message via Short Message Service (“SMS”) to Your mobile device with a code You will be required to enter in order to access Your account.
3.5 The Company shall not be responsible for any illegal or unauthorized use of the Website(s), 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 Website(s), the Software, and/or the Services under the laws of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with all applicable laws, rules, and regulations.
3.6 Persons located outside of the State of New Jersey, at the time of their activity, may not use the Website(s), the Software, or the Services for real-money play.
3.7 You are granted a personal, non-transferable, and non-exclusive right to use the Geolocation Service and any data related thereto. GeoComply®, as provider of the Geolocation Service, and/or its licensors, retain all of their intellectual property rights in and to the Geolocation 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 Geolocation Service, or modify, incorporate into or with other software, or to create derivative works of, the Geolocation Service or any data related thereto, or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce or other U.S. agency or authority, and not to transfer, or authorize the transfer of, the Geolocation Service to a prohibited country or otherwise in violation of any such restrictions or regulations.
3.8 You acknowledge that no warranty from GeoComply® or its licensors is being made to You in connection with the Geolocation Service and any data related thereto, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply® and its licensors shall not be liable to You for any indirect, consequential, incidental, or special damages arising out of the use or license of the Geolocation Service, regardless of the theory of liability (including, but not limited to, negligence, tort, and strict liability).
3.9 You agree not to remove, alter, or obscure any copyright or other proprietary notices incorporated on or in the Geolocation Service by GeoComply® or any of its licensors.
3.10 You agree not to make the Geolocation Service or any data related thereto available to third parties, or use the Geolocation 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 Geolocation Service or any data related thereto or allow the Geolocation Service or any data related thereto to become subject to any lien.
3.11 You agree not to make any copies of the Geolocation Service or any data related thereto, 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.
3.12 You agree to comply with the Google Maps Terms and Conditions, the Google Legal Notices and the Google Acceptable Use Policy, as the same may be updated from time to time.
3.13 We reserve the right to use data from GeoComply® to aid in any investigation into Your online account activity.
4. PERMITTED PARTICIPATION.
4.1 No one under the age of twenty-one (21) (individuals twenty-one (21) years of age or older are referred to herein as “Legally of Age”) may download the Software or use the Services under any circumstances, and any person not Legally of 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 New Jersey. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Software or the Services has committed a criminal offense and shall be prohibited from using the Software and the Services. The Company reserves the right, in its sole discretion, to request proof of age at any stage in order to verify that persons not Legally of Age are not using the Software or the Services. The Company may terminate a person’s account and prohibit a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account shall be reported to the Division and may be subject to forfeiture or other disposal as may be directed by the Division pursuant to the Act and the Regulations. The Company may refuse to refund any bonuses or winning funds provided to or gained by a player in violation of this Agreement.
4.2 You hereby explicitly consent that We may verify Your personal information provided during the registration process, such as Your name, physical address where You reside, Your date of birth, Your driver’s license or valid government-issued identity card, and Your social security number, to confirm: (a) that You are Legally of Age; and (b) Your identity. We may use third-party verification services to verify Your personal information, including, but not limited to, a credit reference agency or other identification verification services. In performing these checks, the third-party verification services may keep a record of Your information, and such checks could affect Your credit report. The purpose of this verification is to confirm Your age, identity, and physical address. We reserve the right, but do not assume the responsibility, to verify that You have not previously suspended Your play or otherwise set self-imposed responsible gaming limits (the “Responsible Gaming Limits”) with another one of the websites operated by the Company or another New Jersey casino or any similar program offered by a private or governmental agency, other than the Division’s Self-Exclusion List. By requesting certain documents, We reserve the right to verify Your information, including Your email 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 or state-issued photo driver’s license; (b) proof of address such as a utility bill or bank statement; and (c) proof of payment method, and can be sent to Us through a secure/encrypted file-transfer feature in the Website(s)’s Cashier, another location on the Website(s), or at the main casino cage on HRHCAC’s gaming floor. In the Company’s sole discretion, We reserve the right to request notarized document copies, meaning the documents must be stamped and attested to by a notary public. In the event that You do not complete the Company’s request for documents to the Company’s satisfaction, the Company will suspend or terminate the account, withhold any funds that are present therein and refuse to refund any bonuses or winning funds provided to or gained by You. Any initial deposit funds in such account shall be returned within seven (7) business days after cancellation, unless prohibited by the Act or Regulations. Should the documents fail the Company’s internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), the Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback or explanations on the nature of the Company’s findings or reasons for rejecting the documents. The Company reserves the right to request additional information from You in its sole discretion or as may be required by law. You will not be permitted full use of the Website(s), the Services, or the Software unless and until Your age, identity, and location have been verified to the Company’s sole satisfaction.
4.3 You hereby explicitly consent to the Company performing background checks on You for any reason related to the use of the Website(s), the Software, or the Services, including, but not limited to, any investigation into Your identity, any credit checks performed on You, or any inquiries into Your personal history. The basis for such investigations will be dependent on the specific case, and could include, but not be limited to, verification of Your registration details, such as the name, address and age, verification of financial transactions, and verification of gaming activity. The Company shall be under no obligation to advise You of such an investigation taking place and We may use social media sites in conducting such an investigation. Such activities may also include the use of specific third-party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block Your account, and withhold all funds, on the basis of such an investigation.
4.4 Persons employed in a New Jersey casino or by a company holding a license issued by the Casino Control Commission (the “Commission”) or the Division in positions requiring that they hold a casino key employee license (“Key Employees”) are prohibited from wagering in any casino or simulcasting facility in the State of New Jersey and from participating in online gaming in the State of New Jersey, including using the Services or creating an account with the Company. Key Employees include any employee who, in the judgment of the Division, is directly involved with the conduct of gaming operations, including, but not limited to, dealers, floor persons, box persons, and security and surveillance employees. It is Your responsibility to determine if You are a Key Employee, and the Company assumes no responsibility to determine if You are. Therefore, the Company disclaims all responsibility for Your violation of the foregoing prohibition. Company employees, including employees of HRHCAC, SGD, and their respective affiliates and immediate family members, are not permitted to wager or participate in any promotions offered by the Company.
4.5 Customers are responsible for the configuration of their Responsible Gaming Limits. You have the right to set Responsible Gaming Limits on the Website(s), including a deposit limit, a spend limit, and a time-based limit, and to suspend Your use of the Services on the Website(s) (for a period of no less than seventy-two (72) hours) as detailed on the Player Protection Page. If You wish to modify Your Responsible Gaming Limits after they have been set, the Regulations require that You must wait until Your current limit expires before the new limit will take effect. Note that, for limits set in weekly increments, the weekly period operates on a rolling basis.
4.6 You also have the right to place Yourself in the New Jersey Casino Self-Exclusion Program, which gives You the option to be placed on the self-exclusion list maintained by the Division (“Division’s Self-Exclusion List”), and will preclude You from engaging in Internet gaming anywhere in the State of New Jersey. Further information is available at the Division’s website at https://www.njoag.gov/about/divisions-and-offices/division-of-gaming-enforcement-home/self-exclusion-program/.
4.7 You acknowledge that You will be the sole user of the account and that You are prohibited from allowing any other person to access or use Your Internet or Mobile gaming account. Sharing or allowing another person to use Your Internet or Mobile gaming account will result in immediate closure of Your account.
5. INFORMATION TECHNOLOGY; INTELLECTUAL PROPERTY.
5.1 The Company hereby grants You the nonexclusive, nontransferable, non-sublicensable right to use the Software in connection with the Services in accordance with this Agreement. The Software’s code, structure, and organization are protected by the Company’s intellectual property rights. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning, or other inner workings of the Software; (b) sell, assign, sublicense, transfer, distribute, lease, or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) use the Software in a manner prohibited by applicable laws, regulations, and/or this Agreement; (f) assert or imply that title or ownership rights in the Software belong to You; (g) remove, circumvent, disable, damage, or otherwise interfere in any way with any security-related feature of the Software; or (h) attempt to do any of the foregoing (together the “Prohibited Activities”).
5.1.1 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 shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Website(s) and the Services, and any other trademarks, service marks, trade names, domain names, and logos used by the Company are owned by the Company, its affiliated entities, or its licensors (including HRHCAC) with respect to the Services; regardless of the platform (hereinafter referred to as the “Trademarks”), and the Company, its affiliated entities, and licensors (as applicable) reserve all rights to such Trademarks. You shall not use the Trademarks, or any confusingly similar marks, except as expressly permitted herein.
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities, licensors, and/or service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio, and text available via the Software or on the Website(s) or in connection with the Services (the “Site Content”). The Site Content is protected by copyright and/or other intellectual property rights. You shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Content or information or work contained in the Software or on the Website(s) or used in connection with the Services, except as expressly permitted herein. You shall not in any way alter, erase, or remove any trademark notices, copyright notices, logos, or other legal or proprietary designations contained on or within the Site Content.
5.4 You hereby acknowledge that, by using the Website(s), the Services, or the Software, You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement.
5.5 You agree not to upload, post, email, transmit, or otherwise make available through the Services or on the Website(s) any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other right of any person or entity, or impersonates any other person.
5.6 The Company respects the intellectual property rights of others and requires each End User of the Services, the Software, and the Website(s) to do the same. The Company may, in its sole discretion, immediately remove or disable any content or block or terminate the account of any End User that is found to have infringed on the rights of the Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers at any time. If You believe any material available on the Website(s) infringes upon a copyright, or otherwise violates Your intellectual property rights, then You should notify the Company’s Copyright Agent at the address provided below by providing the following information:
5.6.1 identify the copyrighted work or other intellectual property that You claim has been infringed;
5.6.2 identify the material on the Website(s) that may be an infringement with enough detail so that We may locate it on the Website(s);
5.6.3 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;
5.6.4 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;
5.6.5 Your address, telephone number, and email address; and
5.6.6 Your physical or electronic signature.
5.7 The Company’s designated Copyright Agent for notices of claims of copyright or other intellectual property infringement is: Hard Rock Hotel & Casino Atlantic City Attn: Vice President & General Counsel, 1000 Boardwalk, Atlantic City, NJ, 08401
6. YOUR REPRESENTATIONS AND UNDERTAKINGS. In consideration of the rights granted to You to use the Website(s), the Services, and the Software, You represent, warrant, covenant, and agree that the following representations are true to the best of Your knowledge and belief:
6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions, and, at any time you engage in real-money play on a Website(s), You will be physically located within the State of New Jersey whenever attempting to engage in real-money play.
6.2 All information provided by You to the Company, either during the registration process or at any time thereafter, including as part of any payment deposits, withdrawals, or any other financial transaction are true, current, correct, complete, and match the full name(s) on the credit/debit card(s) or other payment accounts, including, but not limited to, payment via online wallets or 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 You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Website(s). You will promptly notify Us of any changes to details previously provided by You to the Company. From time to time, You may be requested to provide Us with certain documents to verify the details of the credit or debit card or other deposit or withdrawal methods used by You to deposit or withdraw money to or from Your account, and to verify the authenticity of such documents. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its 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 credit or debit card or other deposit methods 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 We reserve 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 We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, Your account with the Company 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 Website(s), 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 We may investigate such matter, and You will cooperate with Us, as We may request, in the course of such investigation.
6.4 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, but not limited to, an Internet access location. We have no responsibility if Your username and password combination is “hacked” due to any 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 the Company. It is Your responsibility to configure Your computer’s and/or mobile device’s auto-lock features to protect from unauthorized use.
6.5 As the End User, You fully understand the methods, rules, and procedures of the Services and Internet gambling 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 the Company.
6.6 As the End User, You are fully aware that there is a risk of losing money when gambling by means of the Services, and that 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 the Company, any of its affiliated companies or group of companies, the Company’s licensors or service providers, or the respective directors, officers, members, management companies, employees, third-party service providers, agents, representatives, or any affiliates of any of the foregoing (all of the foregoing being referred to as the “Affiliates”).
6.7 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings or prizes paid to You by the Company or any other related or affiliated entity, subject to applicable local, state, and/or federal tax laws and regulations, although You also acknowledge that the Company is required to report certain winning payments to state and federal governments. To enter a sweepstakes promotion, you must be a legal resident of the United States. Sweepstakes offers are void where prohibited.
6.8 As the End User, You are solely 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 Website(s), the Software and the Services. In case of any disconnection or interference with the connection or any alteration to Your system made by You, the Company does not guarantee that the Software will recall Your exact status prior to the disconnection event; provided, however, that, consistent with the detail set forth in Section 23, in the event of a network disconnection, the Software may provide You with the ability to view a round of play completed prior to or during the period of disconnection, or to resume play of a game suspended as a result of such disconnection if a determination has not yet been made as to the outcome of the specific round of play in progress at the time of the disconnection.
6.9 As the End User, You shall act in good faith at all times in terms of Your use of the Services, the Website(s), and the Software, as well as Your interactions with the Company and the other players using the Services. In the event the Company determines that You have been using the Services, the Website(s), or the Software in violation of this Agreement or any applicable law and/or to cause direct or indirect harm or injury to the Company or its respective licensors or service providers, or any End User of the Services, the Website(s), or the Software, the Company shall have the right, subject to any applicable law, to terminate Your account and/or use of the Services and any other accounts You may hold with the Company, and the Company shall be entitled to retain all monies therein. You hereby expressly waive any claims against the Company and its licensors and service providers in such regard, including, but not limited to, future claims or any indirect, consequential, incidental, or special damages, subject to any applicable laws.
6.10 As the End User, You acknowledge that certain games, which are included in the Services, are offered or may be offered, in the Company’s sole discretion, to You on a “shared table basis”, which enables the Company to bring together End Users of the Services via the Website(s) and other services. You agree that, in the Company’s sole discretion, You may be pooled into these shared tables, and that, to the extent that You breach this Agreement, the Company shall have the right to prevent You from playing on any “shared table”.
6.11 As the End User, You acknowledge and agree that should You choose to suspend Your use of the Services on any of the Website(s), You shall not be permitted to access Your suspended account on that Website during Your selected suspension period, until such suspension has been lifted and the suspended account is reopened. Unless Your suspension has otherwise been reported to Us by the Division, should You choose to suspend Your use of the Services on any Website(s), You acknowledge that We are required to report Your suspension to the Division. While setting Responsible Gaming Limits on any of the Website(s) does not automatically impose those limits on other Website(s), the Company reserves the right, but does not assume the obligation, to block any new account You open or attempt to open with any other Website(s), refund any funds You may deposit (or have previously deposited) in an account on such other Website, and shall not be liable to refund You any funds You may have wagered or won through an account on such other Website. Any winnings by a suspended End User won during the End User’s period of suspension or while the End User is on the Division’s Self-Exclusion List will be impounded by the Company, reported to the Division, and will be subject to the Division’s forfeiture procedures.
6.12 You hereby grant consent to the Company and/or the Division to monitor and record Your wagering communications and geographic location information at all times, and You shall have no claims against the Division or the Company and its Affiliates, licensors, or service providers in such regard.
7. PROHIBITED USE OF THE WEBSITE(S) AND THE SERVICES.
7.1 As the End User, You declare that the source of funds used by You for gambling on the Website(s) and using the Services is not illegal and that You will not use the Website(s), the Services, or the Software in any way as a money transfer system. You will not use the Website(s), the Services, or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under federal laws and/or the laws of the State of New Jersey, the Regulations and/or any directives or instructions of the Division. If the Company 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 and the Software may be terminated immediately and/or Your account blocked, locked, or terminated and We may notify the proper authorities of the suspected activity. Subject to the approval of the Division, if Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company 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 Division’s Exclusion List or place yourself on the Division’s Self-Exclusion List which will prohibit You from gambling on any New Jersey Internet gaming website. As the End User, You agree to fully cooperate with the Company to investigate any such activity.
7.2 The Company and its third-party service providers have developed and employ sophisticated technology intended to seek out and identify persons making fraudulent or unlawful use of the Services or the Software. You shall not break into, access or attempt to break into or access, or otherwise circumvent the Company’s security measures. If the Company believes, in its sole discretion, that You are in breach of this prohibition, the Company may terminate Your access to the Services and the Software immediately, have Your account terminated or locked, 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 and the Software. The Company reserves the right, in its sole discretion, to inform Interested Third Parties of Your breach. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points, and bonuses being forfeited, subject to Division approval. In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.3 The use of any automated tool designed to provide assistance in betting decisions, to exchange the opponents’ hand histories or used in any way in connection with Your use of the Services, regardless of whether such automated tool creates an unfair advantage for You over other End Users, is strictly prohibited. Therefore, the use of software, external devices, programs or applications for such purposes is strictly prohibited. You shall not use any software program which, in the Company’s opinion, is endowed with artificial intelligence (hereinafter referred to as the “AI Software”) in connection with Your use of the Services. We constantly review the use of the Services and the Software in order to detect the use of the AI Software, and in the event that We deem it has been used, the Company reserves the right, in its sole discretion, to take any action We deem fit, including, but not limited to, immediately blocking access to the Services and the Software to the offending End User and terminating such End User’s account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points, and bonuses being forfeited, subject to Division approval. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.4 You shall not intentionally disconnect from a game while playing on the Website(s). If, in the Company’s sole discretion, You are in breach of this clause, the Company may terminate Your access to the Services and the Software immediately and/or have Your account locked. The Company shall be under no obligation to refund You any monies that may be in Your account, with such funds being forfeited, subject to Division approval. In addition to terminating Your access to the Services, the Software, and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.5 You acknowledge that, if We have reason to suspect that an End User or group of End Users are operating systematically (for example, employing specific wagering techniques or wagering as a group), the Company shall have the right to block or terminate all such End Users accounts and in such circumstances, the Company shall be under no obligation to refund such End User(s) any funds (including any deposited funds and/or winnings) or provide such End User(s) with access to any rewards points or bonuses that may be in such End User accounts, with such funds, rewards points, and bonuses being forfeited, subject to Division approval.
8. YOUR ACCOUNT.
8.1 Your account is for Your sole personal use only and shall not be used for any professional, business, or commercial purpose.
8.2 All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You. Therefore, it is imperative that You maintain security of Your username and password at all times and not divulge Your username or password to third parties.
8.3 Monies held in Your account shall not earn interest.
8.4 If You do not access Your account by “logging on” for any period of twenty-four (24) consecutive months, Your account will be considered a “dormant account”. Pursuant to the Regulations, 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.
8.5 We reserve the right to limit or refuse any bet, stake, or other wager made by You or through Your account.
8.6 You may not sell or attempt to sell or otherwise transfer any chips, bonuses, or any other related items to any other individual or entity. If the Company finds evidence of such a sale or attempted sale, the Company may terminate or lock Your account. If Your account is terminated or locked in such circumstances, the Company is 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 rewards points, or bonuses that may be in Your account, with such funds, rewards points or bonuses being forfeited, subject to Division approval.
8.7 The Company will make available to You, upon reasonable request, account statements detailing Your account activity.
9. PAYMENT TRANSACTIONS AND PAYMENT FRAUD.
9.1 You are fully responsible for paying all monies owed to the Company. You will not make or attempt to make any chargebacks, and/or deny or reverse any payment that You have made, and You will reimburse the Company for any chargebacks, denial, or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, in its sole discretion, cease to provide the Services or withhold payment to certain End Users or to End Users paying with certain credit cards. You agree that the Company may collect any monies owed by You to the Company from You, Your account(s) on the Website(s), and from any accounts You make the Company aware of, without any further notice being required.
9.2 The Company reserves the right, in its sole discretion, 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 and the terms and conditions of any other third-party service provider who provides third-party services through the Services or the Website(s).
9.3 In the case of a suspected fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment or dispute or fraud relating to ACH/e-checks), the Company reserves the right, in its sole discretion, to block an End User’s account, reverse any payout made to the End User, recover any funds paid to the End User’s account by the Company, and recover any losses incurred by the Company as a result of any fraudulent activity by the End User. The Company may 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. Under no circumstances shall the Company be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
9.4 Each individual deposit into Your account must be from a single payment source (including, but not limited to, a credit card, debit card, charge card, pre-paid card, ACH/E-Check, PayPal, Neteller, etc.) on which You are a named account holder. Multiple payment sources may not be combined to a make a single deposit.
9.5 You authorize Global Payments Gaming Services, Inc.® (“Global Payments®”) or its Service Providers to initiate debit and credit entries to the account at the depository financial institution for which You have provided information (“Global Payments® Services”). All references to “Service Providers” in Sections 9.5 through 9.7 shall refer to Service Providers retained by Global Payments® in its sole discretion to perform some or all of acts described herein. The debit for a transaction can post at Your financial institution within twenty-four (24) hours from the time You initiate a transaction. You further authorize all transactions to be debited from the same checking account, and such future debits will take place only when initiated by You; a receipt will be provided for each debit You initiate for the account. Your authorization will remain in effect until Global Payments® or its Service Provider has received written notification by You of its termination and up to thirty (30) calendar 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.
9.6 Any dispute arising out of or relating to the Global Payments® Services, regarding Global Payments®, its Service Providers (including, but not limited to, Certegy®) or any of their Affiliates, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one (1) arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the State of New Jersey. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of the Global Payments® Services shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
9.7 You expressly authorize Global Payments®, its Service Providers (including, but not limited to, Certegy®), and their Affiliates to contact You, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses You provide are not shared or accessed by others and are not employer-related email addresses.
9.8 When You wish to withdraw money from Your account, payments generally will be made as soon as reasonably possible (subject to internal processing time of up to five (5) business days). However, if at the time of a withdrawal request, You have any deposits which are pending receipt of confirmation of funds (e.g., deposits by check, ACH, wire transfer, or other deposit methods), the Company reserves the right, in its sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed by Your banking institution. Additionally, You may experience additional delays due to any security review undertaken by Us, or whenever any other provision of this Agreement allows or requires Us to hold a payment. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Once the Company approves a withdrawal, the Company is not responsible for any third-party financial clearing process that delays Your payment from being received. Any withdrawal that is requested and not processed within ten (10) calendar days, due to Your failure to provide documentation or Your failure to come to the HRHCAC Cage to pick up the withdrawal will result in cancellation of the request and the funds being released back to Your player account.
10. PROMOTIONS, LOYALTY POINTS, AND BONUSES.
10.1 Upon successful registration for an online casino gaming account, You will automatically be registered for a Wild Card issued by the Company. All loyalty points obtained within the Company’s casino and the Website(s) will be viewable within Your online gaming account. By accepting this agreement and participating in online gaming with the Website, You are also acknowledging and accepting to be bound by the rules and regulations associated with Company Wild Card participation.
10.2 All promotions, bonuses, or special offers are subject to the express terms of any bonus offered on the Website(s) and promotion-specific terms and conditions, if applicable, and any bonus credited to Your account must be used in adherence with such terms and conditions. By accepting a promotion, bonus, or special offer available on the Website(s), You consent to the terms and conditions of such promotion, bonus, or special offer and acknowledge that wagers must always be placed with cash balances before bonus balances can be used to wager. We reserve the right to withdraw any promotion, bonus, or special offer at any time. Bonus funds and any winnings derived therefrom, which have not been converted to cash, may be forfeited: (a) when a new bonus is accepted; (b) upon withdrawal of all or any portion of a cash balance; (c) upon deposit and acceptance of a deposit bonus match; or (d) under other circumstances that may be identified in the separate terms and conditions of a specific bonus program or offer. Other bonus types require that the wagering requirement of the current bonus balance be added to the wagering requirement of the new bonus. In other words, these bonuses and their associated wagering requirements are combined (see the particular bonus terms and conditions for additional details). No promotion, bonus, or special offer will be accepted or honored by the Company following the expiration date of the promotion, bonus, or special offer, unless the Company in its sole discretion chooses to do so for any particular customer, promotion, bonus, or special offer. Expiration dates will be set forth in the specific rules or terms and conditions of the particular promotion, bonus, or special offer. Furthermore, the Company reserves the right, in its sole discretion, to change or modify any policy with respect to the earning or expiration of loyalty points and bonuses. Without limiting the generality of the foregoing sentence, loyalty points will expire after a six (6) month period of inactivity (which shall mean that You have not earned at least one loyalty point in a six (6) month period), and bonuses will expire in accordance with the specific terms of each bonus issued, or, in the absence of a specific expiration date, after a three (3) month period of inactivity.
10.3 In the event that the Company believes an End User of the Service is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold, or withdraw from any End User any bonus or promotion, or terminate that End User’s access to the Services, the Software, and/or lock that End User’s account, either temporarily or permanently.
10.4 You may only open one (1) account on the Website(s). The opening of multiple accounts on any Website(s) for the purpose of accumulating bonuses, promotions, special offers, or otherwise, shall be considered abusive behavior.
10.5 In the event that the Company deems, in its sole discretion, that You have been taking advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website(s) or on any other websites owned and/or operated by the Company, the Company shall have the right to lock or terminate Your accounts with the Company, and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in Your accounts according to the Regulations and subject to Division approval. Without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activities such as minimal-risk wagering (for example, placing opposing bets, such as both red and black, on the same spin in roulette) to be taking advantage of the Company’s bonuses or an act in bad faith in relation to a bonus promotion, thus enabling the Company to exercise its sole discretion under the terms of this Section 10.5. Similarly, and again without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activity such as using multiple accounts, closing and reopening accounts, irregular betting patterns, or other activity that violates the intent of a promotion to be bonus abuse, enabling the Company to exercise its sole discretion under the terms of this Section 10.5.
11. OBLIGATIONS OF THE COMPANY.
11.1 The Company reserves the right, but assumes no obligation, to check whether anyone is using the Services, the Website(s), or the Software in accordance with this Agreement.
11.2 The Company may investigate or pursue complaints made by a player against any other End User using the Website(s) or the Services and may take any action in connection therewith, or take any action against an End User for any reason, including without limitation for violating this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3 The Company shall not be liable if You misplace, forget, or lose Your username or password because of anything other than the Company’s error. If You misplace, forget, or lose Your username or password, You may be able to retrieve or reset this information via the Website(s).
12. DISPUTE RESOLUTION.
12.1 You should raise all claims or disputes with the Company’s customer service department in a timely manner to allow the Company to promptly respond to the End User at the following phone numbers or email addresses:
12.1.1 (877) 825-7777 or [email protected] for the www.HardRockCasino.com Website.
12.2 You accept and agree that a random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by Your hardware) conflicts with the result shown on the Company’s server, the result shown on our server shall in all circumstances take precedence.
12.3 You understand and agree that, without prejudice to Your other rights and remedies, the Company records shall be the final authority in determining the terms of Your use of the Services, the Website(s), and the Software, and You shall have no right to dispute the Company’s decisions in regard to such matters.
12.4 In the event that You have exhausted all reasonable means in resolving a complaint that You may have in relation to the Services, the Website(s), or the Software, You may utilize the Division’s Internet Dispute Form which may be found on the Division website: http://www.nj.gov/oag/ge/inquiriespatroncomplaints.html.
12.5 YOU ACKNOWLEDGE THAT A FINDING BY THE DIVISION SHALL BE YOUR LAST AND FINAL MEANS OF RESOLVING A COMPLAINT OR CLAIM AGAINST THE COMPANY AND SPECIFICALLY WAIVE ANY RIGHTS TO FILE SUIT AGAINST THE COMPANY IN ANY STATE OR FEDERAL COURT. WITHOUT LIMITING THE FOREGOING, IN THE EVENT A COURT OF COMPETENT JURISDICTION RULES THAT YOUR WAIVER OF YOUR RIGHT TO FILE SUIT AGAINST THE COMPANY CONTAINED IN THIS SECTION 12.5 IS NOT ENFORCEABLE, YOU AGREE TO BE BOUND BY THE PROVISION OF SECTION 21 (GOVERNING LAW AND WAIVER OF JURY TRIAL) OF THIS AGREEMENT.
12.6 Nothing contained herein shall be construed to limit the Company’s right to prosecute You for any crimes or disorderly persons offenses committed by You in connection with Your use of the Services, the Software, or the Website(s).
13. NO WARRANTY.
13.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE COMPLETENESS OR ACCURACY OF THE SERVICES, THE WEBSITE(S), OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, THE WEBSITE(S), AND THE SERVICES LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE, THE WEBSITE(S), OR THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SOFTWARE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE MATERIALS, OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR THE WEBSITE(S).
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT OR SOFTWARE, THE COMPANY SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS. THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACKUP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE(S).
14. LIMITATIONS OF LIABILITY.
14.1 You acknowledge and agree that You are free to choose whether to use the Services, the Website(s), and the Software, and do so at Your sole option, sole discretion, and risk.
14.2 Neither the Company, its Affiliates, or their respective third-party licensors shall be liable to You or any third party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use or any third party’s use of the Software, the Website(s), or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other indirect, consequential, incidental, or special damages (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor its respective Affiliates or their respective third-party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of any link contained on the Website(s) or otherwise via the Services. The Company and its respective Affiliates and third-party licensors are not responsible for the content contained on any Internet site linked to or from the Website(s) or otherwise via the Services.
14.4 The Company, its respective Affiliates, and their respective third-party service providers and licensors shall not be liable to You or any third party for any modification to, suspension of, or discontinuance of the Software, the Website(s), or the Services.
14.5 In the event that the Software, the Website(s), or the Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Website(s), the Services, or their respective content, or any error or omission in content, natural disasters, fire, flood, civil commotion, acts of a government, breakdown of power supplies, cyberattacks, labor disputes, or any other factors beyond the Company’s control: (a) the Company and its respective Affiliates, and their respective third-party licensors will not be responsible for any loss, including loss of winnings and any indirect, consequential, incidental or special damages, that may result from the circumstances detailed in Section 14.4; and (b) 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 the Company of the error, and shall repay any winnings credited to Your account in error to the Company (as directed by the Company) or the Company may, in its sole discretion, deduct an amount equal to those winnings from Your account, set off such amount against any money owed to You by the Company, or take other action to collect any money owed, as permitted under New Jersey law, including, but not limited to, the Act and the Regulations, or otherwise by the Division.
14.6 You agree that, in the event of any dispute, the total liability of the Company for all claims of any kind arising out of this Agreement or Your use of the Services and the Website(s), whether in contract, tort or otherwise, shall be limited to any winnings to which You may be entitled and any positive balance in Your account(s).
15. BREACH OF TERMS AND CONDITIONS.
15.1 You shall fully indemnify, defend, and hold the Company and its respective Affiliates, third-party service providers and licensors and their respective officers, directors, members, and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees, court costs, and any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1 any breach of this Agreement by You;
15.1.2 any violation by You of any law or the rights of any third party;
15.1.3 any use by You of the Services, Website(s) or the Software or use by any other person accessing the Services, the Website(s), or the Software using Your username, password, or any other personal information, with or without Your authorization; or
15.1.4 acceptance of any winnings You are not otherwise legally authorized to receive, whether by the Company’s or any of its third-party service provider’s error or omission.
15.2 In addition to any other remedy available to the Company, if You breach any of the terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement, Your winnings may be forfeited in the sole discretion of the Company, and the Company may retain any positive balance then existing in Your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings, to the extent permitted under Section 12.5 (Dispute Resolution). Failure to comply with any of the terms and conditions of this Agreement may also result in disqualification, account termination, and/or legal action being taken against You.
15.3 To the extent the Company suspends or closes Your account or otherwise terminates Your access to the Services on the Website(s) for any reason whatsoever, the Company reserves the right to take the same action with respect to any other websites operated by the Company.
16. DURATION AND TERMINATION.
16.1 This Agreement shall be in full force and effect immediately upon Your completion of the registration process and shall continue in full force and effect unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and Your account (including Your username and password) immediately and without notice:
16.2.1 in the event that the Company decides, for any reason, to discontinue to provide the Services, the Software, or the Website(s) in general or specifically to You;
16.2.2 in the event the Company believes You have breached any of the terms of this Agreement;
16.2.3 in the event Your use of the Services, the Website(s), or the Software has been in any way improper or abusive or breaches this Agreement;
16.2.4 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 locked accounts, We may terminate Your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
16.2.5 upon instruction of the appropriate law enforcement agency or regulatory body; or
16.2.6 for any other reason the Company may determine in its sole discretion.
16.3 Unless otherwise provided herein, or as may be required by law or regulation, upon termination of this Agreement, any positive balance in Your account to which You are entitled will be returned to You within a reasonable time of Your request, subject to the Company’s right to deduct or offset any amounts owed by You to the Company.
16.4 You may terminate this Agreement and Your account (including Your username and password) at any time by sending an email to the Company at [email protected]. Such termination is to take effect upon the Company terminating Your account (including username and password), which shall occur within three (3) calendar days after receipt by the Company of Your email, provided that You shall remain responsible for any activity on Your account after sending the email requesting termination of Your account by the Company.
16.5 On termination of this Agreement, You shall:
16.5.1 discontinue the use of the Software and the Services;
16.5.2 pay all amounts due and owing to the Company; and
16.5.3 remove and permanently delete the Software (including any third-party software downloaded in connection with Your use of the Website(s) or the Services) from Your computer equipment and/or mobile device and destroy all related documentation in Your possession, custody, power, or control.
16.6 The right to terminate this Agreement by either party shall not prejudice any right or remedy of either party in respect of the breach (if any) resulting in termination or any other breach which occurred prior to the date of termination.
16.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations that have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
16.8 In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Website(s) and any of the Company’s other websites or servers, and You shall have no claims against the Company in such regard.
16.9 If You have chosen to suspend Your account (for example, if You have set Responsible Gaming Limits on the Website(s)), it is Your obligation to abide by this suspension for the duration of the period. If You open new accounts on any other Website(s) that may be operated by the Company while under a period of suspension or cooling off, the Company reserves the right, but does not assume the obligation, to close all accounts as soon as detected.
16.10 If You have previously suspended Your account or limited Your access to the Services on one of the Company’s Website under its Self-Imposed Responsible Gaming Limits (see the Player Protection Page), it is Your responsibility to refrain from opening a new account on other Website(s) and to place similar limits on accounts You may have previously opened on other Website(s) during the period of such limitations. While not assuming any obligation to do so, the Company reserves the right to apply Responsible Gaming Limits You have imposed on other Website(s). Neither the Company nor any of its respective Affiliates, third-party service providers and licensors, and their respective officers, directors, members, and employees shall be obligated to refund You any funds You may have wagered or won through such account. The Company has no responsibility to determine if You have implemented Responsible Gaming Limits on any other New Jersey Internet gaming site(s); such limitations have no impact on the Company Website(s), unless You are on the Division’s Self-Exclusion List.
17. GENERAL.
17.1 If any part of this Agreement is found to be invalid, illegal, or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
17.2 No waiver by Us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and the Company or any of its respective Affiliates or third-party service providers and licensors.
17.5 This Agreement contains the entire agreement between the Company and You, relating to Your use of the Software, the Website(s), and the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representations other than as specifically set forth in this Agreement.
17.6 The Company reserves the right, in its sole discretion, to transfer, assign, sub-license, or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets, or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree not to transfer, assign, sub-license, or pledge in any manner whatsoever any of Your rights or obligations under this Agreement. You acknowledge that HRHCAC is a beneficiary of this Agreement.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including, for the avoidance of doubt, on any amounts standing to the credit of Your account.
17.9 Pursuant to local, state, and/or federal law and regulations, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, You agree to comply in full with all applicable tax laws, and hereby release the Company from any liability associated with Your compliance therewith.
17.10 Paragraph and Section headings in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of the Agreement, and shall not define or affect the meaning, construction, or scope of any of the provisions of this Agreement.
18. NEW JERSEY REGULATIONS. Notwithstanding anything contained herein, the Services are provided in accordance with, and subject to the provisions of, the Act, the Regulations, and the Company’s internal controls for the operation of the Website(s).
19. CHAT FEATURE.
19.1 As part of Your use of the Services, the Company may provide You with a chat feature through which You will be able to communicate with other End Users of the Service. The Company reserves the right, in its sole discretion, to monitor or review chat communications and to keep records of all statements made through such feature. Your use of the chat feature is subject to the following rules:
19.1.1 You shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, misogyny, hatred, or profanity;
19.1.2 You shall not make statements that are abusive, knowingly untrue, defamatory, harassing, or insulting to other End Users of the Service;
19.1.3 You shall not make statements that advertise, promote, reference, compare, or otherwise relate to any other commercial entities or third-party services;
19.1.4 You shall not make statements about the Company and/or its respective Affiliates, third-party licensors, or third-party service providers, or the Website(s) or any other website connected to the Company and/or its respective Affiliates, third-party licensors, or third-party service providers that are untrue and/or malicious and/or damaging to the Company and/or its respective Affiliates, third-party licensors, or third-party service providers, the Website(s), or any other Internet site affiliated with the Company and/or its respective Affiliates, third-party licensors, or third-party service providers;
19.1.5 You shall not make statements regarding means and methods of violating the terms of this Agreement, including, but not limited to, cheating techniques or soliciting others to engage in cheating;
19.1.6 while the Company is aware that English is not the first language of some of the End Users, English is the only language used and usable in the Service’s chat feature; and
19.1.7 in the event of Your breach of any of the above provisions relating to the chat feature, the Company shall have the right to remove Your chat privilege or even temporarily or permanently terminate or lock Your account.
19.2 Please note that, when using the chat feature, any personally identifiable information that You submit, can be read, collected, or used by other End Users of the same chat feature and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the chat feature.
20. CUSTOMER SERVICE DEPARTMENT AND SPECIAL PROMOTIONS.
20.1 For service quality assurance, calls made by You to the Company’s customer service department may be recorded.
20.2 You hereby expressly consent (“opt-in”) to the Company using the contact details provided by You on registration (or attempted registration), including, but not limited to, phone numbers, residence address and email addresses, to occasionally contact You directly in relation to Your use of the Services or any other products or services offered by the Company and its respective Affiliates or third-party service providers or licensors from time to time.
20.3 The Company will not tolerate any abusive behavior exhibited by End Users of the Service to the Company’s or its service provider’s employees. In the event that the Company, in its sole discretion, deems that Your behavior, via telephone, live chat, email, or otherwise, has been abusive or derogatory towards any of the Company’s or its Affiliate’s or third-party service provider’s employees, the Company shall have the right to block or terminate Your account.
20.4 The Company, its respective Affiliates, and third-party service providers and licensors may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including, but not limited to: (i) email; (ii) telephone; (iii) SMS text message; (iv) live chat; and (v) additional windows opening from within the Software.
20.5 The Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company, and should You choose to opt-out from communications, the Company shall respect Your wishes in such regard.
21. GOVERNING LAW AND WAIVER OF JURY TRIAL.
This Agreement, the relationship between the parties, and any disputes or controversies arising on the subject of the Website(s), the Software, or the Services shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey. In the event a court of competent jurisdiction rules that Your waiver of Your right to file suit against the Company under Section 12 (Dispute Resolution), You hereby consent to the exclusive jurisdiction of the courts in the State of New Jersey to resolve any disputes arising out of this Agreement. YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY WITH RESPECT TO THIS WAIVER.
22. LANGUAGE DISCREPANCIES.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
23. PLAYER DISCONNECTION.
23.1 The following provisions apply in the case of End User disconnection from the network server during game play:
23.1.1 in the case where no End User input is required to complete the game, the game shall produce the final outcome as determined by the random number generator and, upon reconnection, the game outcome is reflected in the game history table available to the End User;
23.1.2 in the case where End User input is required to complete the game, the game shall not produce the final outcome and, upon the reconnection of the End User to the network, the End User can return to the game state immediately prior to the interruption and complete it; and
23.1.3 in the case where the Geolocation Service has, at the outset of a playing session, verified the End User’s physical presence in the State of New Jersey, but, at a later point in the playing session fails to successfully verify the End User’s continued physical presence in the State of New Jersey, the game in progress at the time of the subsequent failed location verification shall produce its final outcome and then the End User’s playing session shall be terminated.
Legal Gaming.
We take gambling age restrictions seriously. Persons under the Legal Age are not permitted to gamble in a casino or online through any website or mobile application. Any contests We conduct, offer, or make are not open to persons younger than the Legal Age. Persons younger than the Legal Age are forbidden from using the Services on Our Website or mobile applications, and they cannot accept offers, participate in any Games, or win contests. We do not knowingly collect information from persons under the Legal Age for gaming-related offers. From time to time, We may ask Our customers to verify their age, for any reason, and may decline to provide products, services, access rights, or deposit or withdraw funds as to any person who does not provide Us with valid identification confirming that they are of Legal Age.
All Personal Information and Non-Personal Information (as these terms are defined below) that We store may be made available to the New Jersey Division of Gaming Enforcement (the “Division”) or the New Jersey Casino Control Commission (the “Commission”).
We take responsible gaming seriously. See Our Player Protection Page for HardRockCasino.com for full details. If You or someone You know has a gambling problem, please call the Council on Compulsive Gambling of New Jersey at 1-800-GAMBLER or visit their website HERE.
Sports Betting House Rules
General Betting Rules
The sports betting rules (these “Rules”) set out herein are subject to modification at any time at the sole discretion of Boardwalk 1000, LLC (dba Hard Rock Hotel & Casino Atlantic City) (“Hard Rock”, “We”), “Us”, or “Our”), subject to regulatory approval of the New Jersey Division of Gaming Enforcement (the “Division”). These are general settlement rules and any exceptions or variations to these rules for certain sports will be stated under the specific sports rules. The patron should therefore always consult the sport-specific rules for each sport as the sport-specific rules will take precedence over the General Betting Rules. Where any matter is not covered by these Rules, we reserve the right to make a decision on an individual basis.
Wager Acceptance
A wager is not valid until it is validated and shows in the patron’s wager history. In cases of uncertainty about the validity of a wager, the patron is requested to check the open (pending) wagers or contact us at [email protected]. In Our sole discretion, we may choose to void a wager for reason of user error if reported to Us within ten (10) minutes after the wager is placed.
Unless accepted in error, once accepted, a wager will remain valid and cannot be cancelled. It is the responsibility of the patron to ensure details of each wager placed are correct. Under no circumstance will Hard Rock accept any responsibility for any mistakes (perceived and actual), deriving from either errors as listed under ‘Errors’ as defined in these Rules, or any other reason, such as, but not limited to, incorrect listing of the odds/wagering objects.
Should a dispute arise about the acceptance (or lack thereof) of any transaction in the patron’s account, the transaction log database will be the ultimate authority in deciding such matters.
Venue Change
Where a wager has been placed on an event and the event is played at a venue different to than the one that is listed, all wagers on the event will stand provided the match is not switched to the opponent’s ground and home and away team for a listed match are not reversed, in which case, selections for that match will be made void.
In the event of a change of opponent from the opponent advertised, all wagers for that match are void.
If an event does not adhere to the generally accepted format (e.g., unusual period length, counting procedure, format of a match, etc.); We reserve the right to void any wager. All event markets DO NOT include overtime/extra-time unless otherwise stated in these Rules.
Odds/Time Changes
All events must start on the scheduled date; otherwise We reserve the right to void any wager.
We reserve the right to change the odds-on offer at any time, as well as suspend or close wagering on events before the scheduled start time.
In the case of any obviously incorrect displayed or calculated prices, we reserve the right to void wagering, including, but not limited to, a deviation of more than one hundred percent (100%) in the pay-out compared to the market average.
Abandonments, Cancellations, and Postponements
Unless otherwise stated in the Special Rules for a specific sport:
Any match, event, or competition that is abandoned, cancelled, or postponed and not played on the same day as originally scheduled, will be considered void.
Wagers that have been determined at the time of abandonment (i.e., the outcome has already been decided) such as ‘First Team to Score’, ‘First Touchdown scorer”, etc., will stand. The outcome must be fully determined for wagers to stand.
If in-play coverage has to be abandoned and the event finishes regularly, all wagers will be settled according to the final result. If the outcome of an event cannot be verified officially, we reserve the right to void them.
Related Contingencies
Multiple wagers are not accepted when the outcome of one event contributes wholly or partially to the outcome of another event, referred to as a related contingency. For example, a double containing Roger Federer to win a U.S. Open Semi-Final match combined with Roger Federer to win the U.S. Open outright. Combinations with related contingencies will be automatically blocked. In the instance where such wagers are accepted in error, we reserve the right to completely void the wager placed and return the wager to the patron. In certain instances, we will make available combinations of related contingencies for patrons to place wagers on (e.g., a golfer to win all 4 majors in a calendar year).
Dead-Heat Rules.
In the event of at least two (2) competitors being declared the winner (a “Dead Heat”), We will apply a Dead Heat reduction. This reduction will be determined as follows: the number of paying places remaining after clear winners are settled is divided by the number of patrons sharing those places. The odds for the selection are then multiplied by this number.
For example, in a competition with five (5) paying places the top two patrons are settled while four (4) patrons share third place. Because there are only three (3) remaining paying places for these four (4) patrons, the place odds for each patron are multiplied by 0.75.
Push Rule (2-way Markets).
In the event of a two-competitor market resulting in a draw, a tie, or exactly the number of quoted goals, points, or runs and no price is offered for this conclusion, the outcome is a Push. In this situation, the resolution of single wagers is to return stakes, and, for multiple tickets, the selection is considered a non-runner and the ticket will be settled on the outstanding selections.
Wager Cancellation.
When a wager is declared void, it will be settled with the odds of 1.00. A wager made as an accumulative wager shall remain valid notwithstanding a match or an event that is part of the cumulative wager being void.
Hard Rock reserves the right, at its sole discretion, to declare a wager void, totally or partly, in the case of errors or rigging. Wagers can be voided regardless of whether the event has been settled or not. Furthermore, all wagers placed (and/or accepted) in the following circumstances will be declared void:
- Pre-event wagering:
- Wagering affected after the event has started; or
- Wagering affected after a related event was underway and where conditions could have been altered in a direct and indisputable way.
Live or In-Game Wagering:
- Wagering affected at incorrect price due to delayed or failing ‘live’ coverage;
- Wagering affected on particular offers after these have occurred, or else after an event that could normally be deemed as leading to the outcome has happened or is happening (e.g., wagers placed on offers such as Total Goals Scored or Next Goal while a penalty is being taken, or has been awarded); or
- Wagering placed on odds that represented a different score than the actual score at the time the wager was placed.
Errors
An ‘Error’ is a mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, technical hazard, registration error, transaction error, manifest error, force majeure, and/or similar.
Examples of errors include, but are not limited to:
- Wagers accepted during technical problems that would otherwise not have been accepted;
- Wagers placed on events/offers that have already been decided;
- Wagers on markets containing incorrect participants;
- Wagers placed at odds that are materially different from those available in the general market at the time the wager was placed;
- Wagers offered at odds that reflect an incorrect score situation;
- Odds being clearly incorrect given the chance of the event occurring at the time the wager was placed; or
- Incorrect settlement of a wager or wagers.
Hard Rock reserves the right to void any wager where a blatant error is made. Instances of blatant error include, but are not limited to, an error in publishing a price or a handicap. In the case of such errors, we will endeavor to contact the patron prior to the start of the event. However, in instances where it is not possible to contact the patron, wagers will be void. In the event that an error is discovered after a wager has been settled, we reserve the right to void the wager(s) retroactively.
In the instance of an incorrect settlement, we reserve the right to correct any error made and resettle the wager correctly. Any funds and/or winnings that are credited to a patron’s account or paid to the patron because of an error, are not to be deemed available for use or withdrawal, and We reserve the right to void any transactions where such funds were used. Such funds shall be immediately repaid to Us when a demand for payment is made by Us to the patron. Whenever possible, if a patron has monies in an account, we may reclaim these monies from that account and/or reverse the transaction, either at the time or retroactively.
Where a patron has used monies or anything with monetary value that have been credited to a patron account or awarded to the patron, as a result of an error, to place subsequent wagers or play games, we reserve the right to cancel such wagers and/or withhold any winnings that the patron may have won with such monies. If We have paid out on any such wagers or gaming activities, such funds are not to be deemed available for use or withdrawal, and such funds shall be immediately repaid to Us when a demand for payment is made by us to the patron.
Wager/Pay-out Limits
We reserve the right to change Max pay-out limits on a player by player basis.
Suspicious Wagering
If a patron’s activity is found to be suspicious it will be reported to the corresponding integrity monitoring agency and the New Jersey Division of Gaming Enforcement.
Prize Payment Procedures/Cash-out
The online sportsbook will host several methods by which a patron may withdraw funds. These methods include, but may not be limited to, Hard Rock prepaid card, checking account (ACH), or casino cage.
Game Fixing
Any suspicion of potential game fixing on a wagered event will immediately be reported to the corresponding integrity monitoring agency, and the New Jersey Division of Gaming Enforcement for further review and investigation.
Competitor Same Name
Where two or more competitors have the same surname and those competitors have not been identified by a first name, team (where applicable) or qualifying price, then the competitor with the lowest advertised price will be deemed the selection. In the event of two or more competitors being quoted at the lowest advertised price then bet amounts will be split between them.
Unclaimed Winnings
Unclaimed winning sports betting tickets expire one year after the date and time of the completion of the event at which time Hard Rock’s obligation to pay the winnings expire and the funds will be distributed in accordance with the regulations of the New Jersey Division of Gaming Enforcement.
Restrictions
Please note that Casino key employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey as well as Hard Rock employees shall not be permitted to access the Service or to open a Gaming Account on the Sites. Additionally, any Prohibited sport pool participant as defined in N.J.A.C 13:69N-1.1, including, but not limited to, professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, or the direct or indirect legal or beneficial owner of ten percent or more of a sport’s governing body or any of its member teams, shall not be permitted to wager on any event governed by the league or sport’s governing body with which they are affiliated. Patrons shall disclose if they are an employee of a sport’s governing body or member team who is not prohibited from wagering by submitting the form found at https://www.nj.gov/oag/ge/docs/SportsBetting/prohibitedempregform.pdf to the Division.
Patrons have the ability to fund a sports wager by any method which is available to them within their patron wallet.
Football – Wager Types and Rules
For wagers on a game to stand, the game must be completed. If the game is suspended, then the game must be completed within forty-eight (48) hours of the suspension for wagers to stand.
NCAA Rules
If there is an official National Championship game, the winner of this game will be deemed to be the National Champion.
Baseball – Wager Types and Rules
Date/Site Changes
Regular-season baseball games must be played on the scheduled date/location to be considered to have action unless otherwise stated. If a game has been postponed or cancelled before its due start-time, then all wagers are deemed no action.
For wagering purposes, unless otherwise stipulated in the individual baseball sports wager rules, U.S. Major League Baseball (“MLB”) results are official after five (5) full innings of play are completed unless the home team is leading after four and one-half (4.5) innings. For wagers that take into account the entire game, settlement will include extra innings unless otherwise stated or when full-time tie is offered as a selection in the market.
Minimum Length of Play
Winners and losers are official after:
- Soccer 90 minutes of play – Overtime and/or Penalty shots are not included
- Football – NCAA & NFL – 55 minutes of league official play
- Basketball – NBA – 43 minutes of league official play
- Basketball – NCAA, WNBA, NBA Summer League, European League – 35 minutes of league official play
- Hockey – NHL – 55 minutes of league official play
- Rugby – 80 minutes of league official play
- All other sporting events – 55 minutes of league official play
- Overtime periods, quarters or extra innings are counted in the final score when wagering on totals, money line and spread betting unless specified and with the exception of soccer lines including a quote for a draw.
- On half time wagers, overtime periods are included as part of the second half.
- All period and quarter wagers placed are for that specific period or quarter only. All overtime wagers placed will be for the full overtime, regardless of how many overtimes.
- Tennis – In the event of a match starting but not being completed (player retirement or disqualification, etc.), all markets that have not already had their result determined will be settled as void. A tennis match is deemed to have started with the first serve of the match. Match Walkovers: In the event of a player failing to start the match (Walkover), all wagers will be settled as void.
- Motorsports – Formula 1 – All wagers on the race will be settled on the official results from the Federation Internationale de l’Automobile (“FIA”) at the time of the podium presentation. Any subsequent disqualifications or penalties will not be recognized for settlement purposes.
- NASCAR – All wagers on the race will be settled as per the official NASCAR results at the time of the podium presentation. Any subsequent disqualifications or penalties will not be recognized for settlement purposes.
- Boxing/MMA – Wager on who will win the fight. Result given by the announcer at the end of the fight is deemed official.
- Golf – The results are official for wagering purposes provided that at least one (1) round has been completed by all players in the field.
- ALL OTHER SPORTS – the conclusion of the scheduled length of play or scheduled time limit.
Wager Types Moneyline – Paid on which player or pairing will win the match.
Game Spread – Paid on the player or pairing that wins the highest number of games after including the specified spread.
Set Spread – Paid on the player or pairing that wins the highest number of sets after including the specified spread.
Total Games – Paid on if the total number of games in the match will be over or under the specified line.
Correct Score in Sets – Paid on the score in sets at the end of the match (e.g., Djokovic 2 – 1 Nadal. Matches that are played in a best of 5 set format will include 6 options, while best of 3 set matches will include 4 options).
Set Moneyline – Paid on which player or pairing will win the specified set.
Set Spread – Paid on the player or pairing that wins the highest number of games in the specified set after including the specified spread.
Set Total Games – Paid on if the total number of games in the set will be over or under the specified line.
Player to Win a Set – Paid on if the player or pairing will win a set or not during the match.
Will There be a Tiebreak in the Match – Paid on whether or not a tie break will be played during the match.
Odd/Even Games – Paid on whether the total number of games in the match will be an odd or even number.
Set Odd/Even Games – Paid on whether the total number of games in the specified set will be an odd or even number.
In-Play Game Winner – Paid on which player or pairing will win a specified game in the match.
In-Play Game Correct Score – Paid on what the score of a specified game will be (e.g., Djokovic wins to 15).
In-Play Point Winner – Paid on which player or pairing will win a specified point.
In-Play Games Point Races – Paid on which player will be first to a specified number of points in a specified game.
Privacy Policy
Thanks for choosing to play with us. Hard Rock Casino, through Internet gaming operator, Scientific Games Digital (“SGD”), offers online-gaming products and services under the brands Hard Rock Casino, which can be found at www.HardRockCasino.com (hereafter referred to as the “Website”). Unless the context indicate otherwise, Hard Rock and SGD are hereinafter referred to collectively as the “Company”, “We”, “Us”, or “Our”.
We know You (hereinafter referred to as “You”, “Your”, or the “User”) have a choice among several licensed New Jersey online gaming sites, and We are glad You have chosen to play with Us. Because We value You as a customer, We take your personal privacy seriously. We also believe in being transparent about the information We collect and the steps We take to keep Your information safe and secure. For these reasons, We are providing You with the following information regarding Our online gaming privacy policy (“Privacy Policy”).
Unless otherwise specified, the Website and material provided on the Website are exclusively for promoting products, programs, and business operations within the State of New Jersey. All capitalized terms contained herein shall have the same meaning ascribed to those terms in the End User License Agreement (“EULA”), which appears on the Terms and Conditions tab of the Website. In the event of a conflict between this Privacy Policy and the EULA, the terms and conditions of the EULA shall prevail. Consistent with the New Jersey Casino Control Act (the “Act”) and regulations promulgated thereunder (the “Regulations”), this Privacy Policy is included in the internal controls We employ addressing all aspects of operating the Website and operating and offering real-money, Internet-based and/or mobile applications-based interactive gaming services (hereinafter referred to as the “Services”) on the Website. This Privacy Policy addresses Our practices regarding information collected from visitors of the Websites and only addresses information collected directly through or from the Website – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from You other than directly through or from the Website, such as from telephone, facsimile, postal mail, personal delivery, or additional offline means or media. PLEASE NOTE THAT, BY USING THE SERVICES, YOU REPRESENT THAT: (I) YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER (THE “LEGAL AGE”); (II) YOU ARE LEGALLY ALLOWED TO GAMBLE ONLINE IN THE STATE OF NEW JERSEY; AND (III) YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, AS MAY BE MODIFIED FROM TIME TO TIME AT OUR SOLE DISCRETION, AS CONDITIONS OF YOUR USE OF THE WEBSITE.
Information We May Collect.
The information that We collect is used to administer Our business and to provide You with the products and services made available through the Website. We may collect and maintain both Personal and Non-Personal Information necessary for these purposes. You may be required to provide Us with Personal information when You use the Website by completing online forms or entering information where requested, or by sending Us emails.
“Personal Information” includes any information that identifies You personally, including Your first name, last name, address, telephone or cellphone number, email address, credit card information, social security number, loyalty rewards account number, date of birth, purchase information, gaming information, secret security question(s), banking information, and other similar information. We may ask for these types of Personal Information at various times, such as when You submit information to Us through the Website, sign up for email or text messages, sign up for a Wild Card, book a reservation, enter an online promotion, sign-up or log-in to play one of Our free social games or Our real money online games, request information, request withdrawal of funds, submit an application for employment, apply for credit, or provide feedback in a survey or when You talk to Our employees or support staff. We may also acquire certain Personal Information from third-party service providers, as further described below.
“Non-Personal Information” includes any information about You that does not personally identify You. For the most part, We gather this type of information as You use Our Website, including the Website, and visit Our business.
Geolocation.
New Jersey State law requires that We verify Your physical location when engaging in game play on the Website. Remember, You can only play at the Website from within New Jersey state lines. To make sure You are complying with the Act and Regulations, We collect Your physical location using geo-location technology. We may store a record confirming Your location within the State of New Jersey for up ten (10) years as required by applicable state and federal laws and regulations.
Traffic Data.
When You visit the Website, We automatically track and collect general login information, which may include Your: (i) Internet Protocol (IP) address; (ii) domain server; (iii) operating system; and (iv) Web browser type, as well as the pages that You visit on Our Website and mobile applications (collectively, “Traffic Data”). We track and collect this information both to improve Your overall experience as You navigate the Website and for marketing purposes. Traffic Data collected does not personally identify You. We may also use Traffic Data for fraud prevention purposes, recognizing Your geolocation, and to detect responsible gaming issues. The collection of Traffic Data also helps Us:
- Estimate Our audience size and usage pattern;
- Learn what information is of most and least interest;
- Speed up Your searches; and
- Learn of any possible performance problems with the Website.
Traffic Data is collected through various technologies including, but not limited to, cookies, IP addresses, and transparent GIFs (Graphics Interchange Format, also commonly known as a pixel tag).
Cookies.
We use “cookies” and other technologies on the Website. Cookies are small text files offered to Your computer by servers and used by a variety of websites. We use cookies to keep track of Your browser as You navigate the Website. Cookies may be stored on Your hard drive until you delete them. In some instances, cookies are stored in temporary memory and deleted when You shut down Your browser or turn off Your computer. We may use cookies and similar technologies to identify the computer from which You are accessing the Website as well as who You are and may use them when You visit the Website or click on Our advertisements. We may also make use of them when You open Our emails. Cookies also improve Your user experience by allowing Us to remember Your user preferences for the Website. If You choose to provide Us with Personal Information, We may store some items of Your Personal Information and use it with the Traffic Data to better personalize Your experience as You use the Website. Cookies and other technologies may also be used for maintenance and analysis, authenticating Users, performing network communications, serving contextual advertisements, and protecting against fraud and theft. You may block or remove cookies using Your Internet browser settings at any time. However, doing so means that Your ability to perform certain transactions, use certain functionality, and access certain content on the Website may be affected. If You need help disabling cookies, review the ‘Help’ section of Your browser for instructions. Also, keep in mind that flash cookies do not operate the same way as browser cookies, which means that the cookies management tools available in most web browsers may not be set up to remove flash cookies and that the cookies management tools available in most web browsers may not be set up to remove flash cookies. Adobe.com has more information on how to make changes at the privacy settings panel. Please keep in mind that cookies are necessary to track and enhance some of Our game activities. Therefore, if You disable cookies, You may lose some of the features and functionality of playing Our games and be required to re-enter basic information every time You visit the Website.
The ‘Help’ portion of the toolbar on the majority of browsers will direct You on how to prevent Your browser from accepting new cookies, how to command the browser to tell You when You receive a new cookie, or how to fully disable cookies. We do not override these settings or options, including any ‘Do Not Track’ settings, however, We encourage You to use them to enhance Your choices and personalize Your experience.
Financial Services Customers.
If You are a Hard Rock Hotel & Casino Atlantic City customer, and You take advantage of Our credit or check cashing, counter-check account, and/or cash-advance services (collectively referred to as “Financial Services”) to make deposits to or withdrawals from Your Account on one of Our Websites, please be aware of the additional categories of Personal Information and Non-Personal Information that may be collected from or about You:
- Information You provide to Us on applications for Financial Services, such as Your name, address, telephone number, social security number, and other identifying information;
- Information We receive about You from third parties, including credit bureaus, relating to Your credit history and financial transactions with third parties; and
- Information about Your transactions with Us and any of Our affiliates, including Your payment history and/or gaming activity.
Access and Opting Out.
To make sure Your Personal Information is accurate and up to date, please feel free to review Your profile whenever You like. You can do so by logging into Your account on the Website. You can make changes to Your profile on www.HardRockCasino.com by contacting [email protected]. Except as necessary to obtain the services or information requested, You may opt out of having Your Personal Information that You voluntarily provided to Us through email, casino contact forms, or other online avenues, prospectively retained by Us or used by Us for secondary purposes, by contacting Us at [email protected] with respect to the www.HardRockCasino.com Website.
Please note, however, that in order to access certain content, features, services, products, or benefits on the Website, You may be required to provide Us with certain information, including Personal information. If You do not wish to provide such information or if You opt to use the aforementioned privacy features, You may be unable to obtain certain content, features, services, products, or benefits on the Website.
The provisions of this section related to ‘Access and Opting Out’ do not apply to collection of information regarding the type of Web browser used to visit the Website or to information provided or collected that is not Personal Information or Non-Personal Information as defined in this Privacy Policy.
How We May Use Your Information.
When We collect information during Your initial registration, it will be used not only to create an online gaming account in Your name, but also to register You for a Hard Rock Hotel & Casino Atlantic City Wild Card. Additionally, We will always let You know what it is for when We ask for information. Here is a look at some other ways that We might use Your information to administer Our business and improve Your experience with the products and services You request.
- Operation of Our loyalty rewards program;
- Notifying You about promotions and special offers regarding products and services provided by Us or Our affiliates or other associated third parties;
- Improving products and services We provide You and developing new products and services;
- Improving the Website;
- Tracking Your use of the Website for Our internal market research;
- Generating aggregate statistical studies about Our customers;
- Contacting You in response to Your inquiries, comments and suggestions;
- Providing You with a safe and secure environment;
- Protecting and defending Our rights or property or enforcing Our agreements with You;
- Cashing Your checks, extending You credit, processing Your credit card, ACH, and/or other Financial Services transactions;
- Contacting You when necessary;
- For identification and verification purposes;
- Processing payments;
- Analyzing fraud and credit risk; and
- Otherwise with Your consent or as permitted or required by law or for compliance with regulatory requirements.
Sharing Your Information.
We reserve the right to disclose any information as necessary to satisfy any law (including, but not limited to, the Act), regulations (including, but not limited to, the Regulations), or governmental request (including, but not limited to, requests by the Division or the Commission), to avoid liability or to protect Our rights or property, or as detailed in this Privacy Policy and by providing Your Personal Information to Us, registering with Us, or logging into the Website, You expressly consent to the collection, processing, and disclosure or Your Personal Information for the purposes set forth in this Privacy Policy.
Certain features of the Website, including any chat or comment features, may allow you to contribute materials and information for access, use, viewing and commentary by other Users or customers of the Website. ANY PERSONAL OR NON-PERSONAL INFORMATION SUBMITTED BY YOU TO THE WEBSITE THROUGH THESE FEATURES IS PUBLIC AND MAY BE READ, COLLECTED, OR USED BY OTHER USERS OR CUSTOMERS OF THE WEBSITE. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR THE PRIVACY OF ANY PERSONAL INFORMATION OR NON-PERSONAL INFORMATION THAT YOU CHOOSE TO SUBMIT VIA THESE FEATURES.
Affiliated Entities.
From time to time, We may share certain Personal Information, Non-Personal Information, or portions thereof that We collect from You about Your transactions with Us, exclusively for business purposes. The third parties with whom We may share this information include Our employees, employees of Our affiliates, Our agents, partners, licensors, and third-party service providers who use Your Personal Information to provide services to Us in respect of Your being a User of customer of the Website. Sharing this information allows Us to provide the products and services You have requested and quickly respond to applications for services.
Non-Affiliated Entities.
Your Personal Information and Non-Personal Information may be shared with or collected by third-party services providers who provide Us with a variety of services, including credit/debit and prepaid card processing, ACH processing, and the fulfillment of reservations or purchases. Your Privacy is Our top concern, so We request that these services providers exercise reasonable care to protect Your Personal Information and restrict the use of Your Personal Information to the purposes for which it was provided to them.
We may share certain limited information about You with other companies, including those with whom we have joint marketing agreements or other businesses with which We have a contractual relationship. They may contact You as part of a third-party promotional program or loyalty program.
At times, We may share Your Personal Information with third parties for a number of reasons, including:
- As required by law or regulation and/or to comply with the legal, regulatory, or administrative requirements of any governmental authorities, including, but not limited to, the Division and the Commission;
- To comply with a court order, subpoena, search warrant, or other valid legal process;
- In connection with any legal action, claim, or dispute, including, but not limited, to the collection of debts; or
- For the protection of persons or property.
External Links and Third-Party Websites.
We use industry-standard safeguards to make sure the Personal Information that We collect from You stays private and is not compromised through unauthorized access. However, due to the nature of communications and transmissions via the Internet, We cannot guarantee that the connection between You and Our servers will be completely secure or free from unauthorized access by third parties. We are not responsible for the security of information transmitted via the Internet. Further, please safeguard Your personal desktop or mobile devices against any viruses that may compromise the privacy of Your personal information, as this is also Your responsibility.
EU/US Privacy Shield Compliance
Boardwalk 1000, LLC complies with the EU/US Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member and treaty countries. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.
If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page, please visit https://www.privacyshield.gov
In compliance with the EU/US Privacy Shield Principles, Boardwalk 1000, LLC commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact [email protected] or
Boardwalk 1000, LLC (dba Hard Rock Hotel & Casino Atlantic City)
Please include your name, address and phone number or e-mail in all communications and state clearly the nature of your request or concern.
Boardwalk 1000, LLC has provided a private sector independent recourse mechanism (located in the United States) to investigate and expeditiously resolve individual complaints and disputes. This dispute mechanism will cover all personal data except for human resource data. For more information, visit the website for ICDR®/AAA® EU-U.S. Privacy Shield: International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA) at https://go.adr.org/privacyshield.html. Under certain limited conditions and as a last resort, the individual can invoke binding arbitration. The Federal Trade Commission has jurisdiction over Hard Rock’s compliance with the Privacy Shield.
If Boardwalk 1000, LLC transfers your personal data to a third party, we will ensure the third party is contractually obligated to process your data only for limited, specific purposes consistent with this policy, to apply the same level of protection to that data as the EU-U.S. Privacy Shield Principles, and notify us if it makes a determination that it can no longer meet this obligation. Upon notice, Boardwalk 1000, LLC will take reasonable and appropriate steps to stop and re-mediate unauthorized processing. In cases of onward transfer to third parties of data received pursuant to the EU-US Privacy Shield, Hard Rock is potentially liable for violations of Privacy Shield principles.
Changes in Privacy Policy.
From time to time, We may need to revise, modify or supplement this Privacy Policy for various reasons. As part of Our commitment to keeping You informed, We will post these changes to the Websites and add the change date to the bottom of this Privacy Policy. The amended or new Privacy Policy will be effective as soon as it is posted to the Website. To ensure You are aware of the latest Privacy Policy, We encourage You to visit the Website from time to time. By providing Us with information and by using the Website following the posting of changes to the Privacy Policy, You accept the changes and Our use of Your Personal Information and Non-Personal Information in accordance with the Privacy Policy in effect at that time.
Have a complaint?
If you would like to file a complaint, please email [email protected].
If your complaint has not been resolved after all reasonable means, please visit the Division’s website to access the Patron Complaint Form and file a complaint with the Division.
Contact Information.
Need to contact us? We are available 24/7 annually and can be reached by phone at (877) 825-7777, email at [email protected], Live Chat via the website, or through mail at:
Boardwalk 1000, LLC (dba Hard Rock Hotel & Casino Atlantic City)