Please read these terms and conditions of use (the "Conditions") carefully before playing any games (the “Games”) on www.betfaircasino.com (the “Site"). If you are not comfortable with these Conditions, do not use the Site.
This Agreement describes the Conditions applicable to the use of the Site, Games and associated services provided by Betfair Interactive US LLC (“Betfair”) under an agreement with Golden Nugget Atlantic City LLC (“GNAC”) pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement (“NJDGE”). The use of the Site is subject to all applicable New Jersey State and United States federal regulations.
We reserve the right to revise these Conditions, or any part thereof. By opening an account, using the Site and playing the Games, you agree to be bound by these Conditions.
You will be establishing an account in order to use the service offered by Betfair Interactive US LLC. References in these Conditions to "Betfair", "we", "us", or "our" will be to Betfair Interactive US LLC. Betfair Interactive US LLC is approved by the NJDGE to conduct Internet gaming related business with GNAC, a New Jersey casino license holder, for the purpose of Internet and mobile gaming.
A. YOUR ACCOUNT
1. Excluded Persons
The following people are not permitted to establish an account with Betfair (each an “Excluded Person”):
- a. The Governor or Lieutenant Governor of New Jersey;
- b. Any New Jersey state officer or employee or special state officer or employee as defined in the Casino Conflicts of Interest Law;
- c. Any member of the New Jersey judiciary;
- d. Any member of the New Jersey legislature;
- e. Any officer of Atlantic City;
- f. Any person employed as a casino key employee; and
- g. Any person prohibited from gaming pursuant to N.J.S.A. 5:12-100n.
2. Underage gaming
In New Jersey, it is a criminal offense to allow a person who is under the age of 21 to participate in Internet or mobile gaming. Betfair takes its age-verification responsibilities very seriously. We carry out age-verification checks on all customers at the time of account establishment. We may ask for information to verify your age and can restrict or suspend your account until your age is confirmed.
PLEASE NOTE THAT ANYONE UNDER THE AGE OF 21 YEARS OLD FOUND TO BE USING THIS SITE FOR INTERNET OR MOBILE GAMING PURPOSES MAY BE REPORTED TO LAW ENFORCEMENT AND BE SUBJECT TO OTHER LEGAL PENALTIES.
3. Opening an Account
In consideration of our accepting your application to establish an account, you represent (and acknowledge that we and GNAC, the casino license holder, may rely on these representations) as follows:
- a. You have read and agree to abide by all of these Conditions;
- b. You are not an Excluded Person;
- c. You are 21 years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us;
- d. You agree to provide accurate account opening information, including without limitation your correct date of birth;
- e. You will not allow any other person to access or use your account with Betfair;
- f. You will refrain from wagering unless you are physically present in the state of New Jersey;
- g. You consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of Internet or mobile gaming
- h. You consent to the monitoring and recording by Betfair and/or the NJDGE of any wagering communications and geographic location information; and
- i. You acknowledge that Betfair reserves the right to report unusual or suspicious activity to the proper authorities.
4. Account Information
When establishing an account you must provide us with the following information:
- a. Name;
- b. Date of birth;
- c. Your social security number (Full 9 digits or last 4 digits);
- d. Address;
- e. Email address; and
- f. Phone number and cell number (if different).
By establishing an account, you hereby consent to Betfair using third party services to verify your account information including, but not limited to, your age and identity.
Only one account per verified person will be allowed. The account is unique to you and non-transferrable. Betfair reserves the right to reject any application for an account for any reason it deems necessary.
It is your responsibility to keep your account information current. Failure to do so may result in your failing to receive important account-related notifications and information from Betfair, including changes we make to these Conditions.
5. Account Security
You are responsible for maintaining the security and confidentiality of your account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that offers and payments are made by you.
You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank cards. Any failure to do so shall be at your sole risk and expense. If a third party accesses your account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you, and you hereby indemnify Betfair and GNAC and hold Betfair and GNAC harmless against all costs, claims, expenses, and damages howsoever arising in connection with the use of or access to your account by any third party.
You will not attempt to sell or otherwise transfer the benefit of your account to any third party, nor will you acquire or attempt to acquire an account which has been opened in the name of a third party.
6. Depositing Funds
To play Games for money on the Site, you need to deposit funds. All funds in customer accounts are held in a separate non set-off account in the name of the casino license holder, GNAC.
Funds deposited via a payment provider may take a few days to clear before they are held in this account, during which time they will be held in the account of the relevant payment provider. The funds in your account are held on your behalf by way of security to meet any payment obligations you may incur as a result of playing the Games on the Site or using any of the other products or services supplied by Betfair.
Please note that interest is not payable on the funds held in your account.
You undertake that:
- a. All money that you deposit in your account originates from a payment source of which you are the legal owner;
- b. All money that you deposit in your account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
- c. All payments made into your account are authorized and you will not attempt to reverse a payment made into your account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which Betfair or GNAC deems suspicious may be reported to the appropriate authorities.
Deposits to your account can be made using several different and convenient ways, including:
- a. ACH (electronic checking or direct deposit): electronic transfer of funds between your bank account and your player account. Please note you may only have three (3) ACH accounts linked to your player account at any time;
- b. DEBIT/ CREDIT CARDS: Debit/credit cards with a MasterCard/VISA logo can be used to make deposits. Please note you may only have three (3) active Debit/Credit Cards linked to your player account at any time;
- c. E-Wallet (SKRILL): You can electronically transfer funds from a bank account or Debit/Credit Card to your Skrill account and then deposit those funds to your player account;
- d. BETFAIR PREPAID CARD: You can electronically transfer funds from a bank account or Debit/Credit Card to your Betfair Prepaid Card and then deposit those funds to your player account;
- e. ONLINE TRANSFER: You can deposit with online transfer if you have a bank account set up with online bill pay at specific banks;
- f. WIRE TRANSFERS: A direct payment from your checking or savings account into your player account;
- g. CHECK OR MONEY ORDER (BY MAIL): Mail your check or money order to Customer Support, Betfair Interactive US LLC, P.O. Box 158, Jersey City, NJ 07303;
- h. PAYNEARME: Deposit funds into your player account via locations that accept PayNearMe payments.
- i. CAGE DEPOSIT: Deposit funds into your account via the Golden Nugget Atlantic City Casino Cashier Cage located at Huron & Brigantine Blvd., Atlantic City, NJ 08401.
- j. PAYPAL: You can electronically transfer funds from a bank account to your PayPal account and then deposit those funds to your player account.
7. Withdrawing Funds
We have a number of controls and checks that take place before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our customers’ funds. Withdrawals from your account can be requested via ACH, check, Betfair Prepaid Card, Skrill, or through the Golden Nugget Atlantic City cage located at Huron & Brigantine Blvd., Atlantic City, NJ 08401. ACH, Betfair Prepaid Card, and Skrill withdrawal requests will be processed within three working days. Check withdrawals will be mailed within five business days via the United States Postal Service to the account address. The availability of withdrawn funds is subject to standard banking restrictions.
8. Dormant Accounts
Accounts shall be deemed “Dormant” in the event that the account holder does not log in within a 12-month period. Dormant accounts will be opted out of all bonuses in accordance with the applicable bonus Terms and Conditions. In accordance with applicable regulations, unclaimed balances in Dormant accounts will be forfeited.
Betfair will not charge you for the deposit and withdrawal of funds to or from your account in the normal course of events. However, some charges may apply in some cases to reflect the cost incurred by Betfair as a result of processing excessive transactions.
Please note that if you become eligible to incur additional deposit and withdrawal charges, we will contact you before any charges are incurred.
10. Statements of Account Activity
You may request and receive a statement of activity related to the last six months activity on your account at any time by visiting the My Account page of the Site.
If you require a statement of activity relating to your activity over the past twelve months, please email us at email@example.com with your request.
11. Your Rights to Set Daily Limits and Exclude Yourself
You have the right at any time to set daily limits for your gaming activity or to exclude yourself from playing Games on the Site. Details of how to set daily limits or to exclude yourself can be found on the Betfair Patron Protection page on the Site.
Should you choose to exclude yourself, you will be opted out of all bonuses in accordance with the applicable bonus Terms & Conditions. Any cashable balance in your account in the amount of one dollar or more will be mailed to you via a check by the 15th day of the calendar month following the calendar month in which you exclude yourself. Should the cashable balance in your account be less than one dollar at the time you exclude yourself, you will automatically forfeit such balance unless you call Customer Service at 1-877-689-0662 within 72 hours of completing your self-exclusion request to request a check for such balance.
Should a self-exclusion refund check be returned to us, we will notify you of the failure of delivery via email and request that you send proof of a current address within 14 days of the send date of such email. If you fail to respond within 14 days, you will forfeit your cashable balance.
12. Your Right to Suspend Your Account for a Period of Time Chosen by You
You have the right at any time to suspend your account for a period of no less than 72 hours. Details of how to suspend your account can be found on the Betfair Patron Protection page on the Site.
13. Giving False Information
You acknowledge that Betfair and GNAC and their respective affiliates will hold information with respect to your identity, including but not limited to your name, address and payment information. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us and GNAC harmless against any falsehood or inaccuracy contained in the information you provide us.
14. Errors and Omissions
You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any amounts shown to be in your account that result from human error or technical fault on the part of Betfair and GNAC, and their respective vendors and suppliers.
15. Actions That Will Be Taken Should You Become Disconnected from the Site during Game Play
All games except Live Dealer Table Games:
In the case of disconnection during a game in which there are still active bets of real currency, wagers that remain pending for 30 days or more will be cancelled and returned to you by no later than the fifth business day of the second subsequent calendar month following the calendar month in which the wager became pending. For example, wagers remaining in a pending state in the month of September will be cancelled and returned to you by no later than the fifth business day of November.
Live Dealer Table Games:
Due to Betfair Live Dealer games offering real-time wagering alongside other patrons, if a patron is disconnected during any active game round, the bets accepted by the Live Dealer system will be in play and the dealer will continue with the round as normal. There is no functionality for any Betfair Live Dealer games to wait for a disconnected patron to return to a table before continuing.
Live Dealer Blackjack – if a patron is disconnected in an active game round, the Live Dealer system will automatically stand regardless of the cards showing until the patron returns or the round ends. If the round ends before the patron was able to return, the Live Dealer system will complete the round and payout according to the cards on the table. The outcome of the round can be validated in the Live Dealer Blackjack game history or by contacting Betfair Customer Service.
Live Dealer Baccarat - if a patron is disconnected in an active game round, the Dealer will continue and complete the round. If the round ends before the patron was able to return to the table, the Live Dealer system will complete the round and payout according to the cards on the table. The outcome of the round can be validated in the Live Dealer Baccarat game history or by contacting Betfair Customer Service.
Live Dealer Roulette - if a patron is disconnected in an active game round, the Dealer will continue and complete the round as normal. If the ball drops onto a number before the patron was able to return, the system will complete the round and payout according to the bets placed on the table. The outcome of the round can be validated in the Live Dealer Roulette game history or by contacting Betfair Customer Service.
16. Suspension or Termination of your Account; Forfeiture of Funds.
Either we or you may suspend or terminate your account at any time, either with or without cause, upon notice. We will use our reasonable efforts to give such notice to you either before or after suspending or terminating your account.
Please contact Customer Service via email at firstname.lastname@example.org, via telephone at 1-877-689-0662, or via Live Chat during the business hours indicated on the Contact Us page if you would like to close your account.
Following termination or suspension of your account, Betfair may, in the normal course of business, return any funds in your account. Please contact Customer Service via email at email@example.com, via telephone at 1-877-689-0662, or via Live Chat (between 9am and 3am ET) to request any funds held in suspended or closed accounts.
However, we reserve the right to withhold the funds in your account from you:
- a. Pending the determination of any investigation (including any relevant external investigation) that is undertaken on the reasonable belief that you have acted in breach of these Conditions or any other agreement relevant to your activities on our site, including where we suspect that your account has been linked with fraudulent and/or dishonest activity; and/or
- b. When required by law, court order, or regulatory requirement, or at the request of any relevant regulatory or law enforcement authority.
If an internal or external investigation reasonably demonstrates that you have acted in breach of these Conditions, any other agreement relevant to your activities on the Site, or that your account has been linked with fraudulent and/or dishonest activity, we reserve the right to seize some or all of the funds in your account.
The disposition of any funds obtained by us in this manner will be at our sole and absolute discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority.
In addition, if formally requested by law enforcement, gaming regulators, or taxation or other authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures or those procedures imposed on us by the NJDGE and/or other authorities, we may suspend your account and all functionality relating to the use of your account (e.g. bet management and withdrawal of funds) and withhold from you any funds in your account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' or 'age verification' information as appropriate.
For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your account.
Credit Card Chargeback Fees.
Each credit card chargeback transaction that you initiate will be assessed a $5.00 fee, applicable against any available cash balance in your account at the time such fee is assessed. Any credit card chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your account at the time such fee is assessed.
B. THE GAMES
1. License to use the Site
Betfair grants you a limited license to access the Site and to play the Games provided that you comply with these Conditions.
The availability of the Games on the Site does not constitute an offer or invitation by Betfair to use the site in any jurisdiction in which such use is illegal. You understand that we will block you from playing the Games if you are physically located in a jurisdiction outside of the state of New Jersey.
Your use of the Site confers no rights whatsoever to the content and related intellectual property rights contained on the Site. You agree not to monitor, use, or copy our web pages or any of our web content on the Site. You will not attempt to hack, make unauthorized alterations to, or introduce any kind of malicious code to the Site by any means.
2. License to use the Software
Various companies own and operate the software for the Games (the “Software") and license it to Betfair, enabling you to play the Games. Betfair grants you a limited license to download the Software (if necessary) and to use the Software provided that you comply with these Conditions.
You will only use the Software to play the Games in accordance with these Conditions. If you become aware that the Software is being used in any manner not authorized by these Conditions, you will immediately notify Betfair.
You will not (a) reverse engineer or decompile (whether in whole or in part) the Software; or (b) make copies of, modify, reproduce, transmit, alter, or distribute the Software, or all or any part of the Site, or any material or information contained on the Site. Any unauthorized use or reproduction may be legally actionable.
You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
- a. In a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);
- b. That has harmful or destructive or damaging properties;
- c. That may constitute any form of collusion; or
- d. That is likely to cause harm or damage to the computer systems, network or equipment of any third party.
Betfair and/or its vendors issue upgraded versions of the Software from time to time and will make such upgraded versions available to you. All such upgrades shall be deemed to be Software for the purposes of these Conditions.
3. Playing the Games
You understand that you may lose money when playing the Games and accept that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you be recoverable from us or our vendors, licensors, suppliers, or GNAC.
In the event of a malfunction with a Game, all payments will be automatically voided.
4. Your Representations
In consideration of our allowing you to play the Games, you represent (and acknowledge that we and GNAC will rely on these representations) as follows:
- a. Your participation in the Games is personal and not professional;
- b. You are solely responsible for recording, reporting, paying, and accounting for any tax or other levy that may be payable on any winnings to any relevant governmental or taxation authority;
- c. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Site;
- d. You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seek advice or help when using our Site;
- e. By accepting any winnings, you consent to Betfair's use of your name for advertising and promotional purposes without additional compensation being paid to you except where prohibited by law. If you would prefer that your name not be used for advertising and promotional purposes, please contact us in writing at Customer Support, Betfair Interactive US LLC, P.O. Box 158, Jersey City, NJ 07303, to this effect;
- f. You will place all wagers on Games through the various user interfaces provided on our site and you will not wager through other means, including a robot player or equivalent mechanism (a “bot”). The use of programs designed to automatically place bets within certain parameters (i.e., bots) is not permitted on any Games on any part of the Site;
- g. You will not choose a Games nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. Betfair reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this representation;
- h. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any 'chat' or 'forum' facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
- i. You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer you are using to access the site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using while accessing the Site; and
- j. You accept and agree to abide by the rules of the Games as set out on the Site, and any rules and terms for any promotions or loyalty programs in which you participate as set out on the Site from time to time.
5. Cancellation, Termination, Suspension and Breach
We may restrict your access to the Site, prohibit you from participating in any and/or all Games, and/or prohibit you from playing in a particular Game, refuse or limit any wager you make, withhold payment of your winnings, and suspend or terminate your account in our absolute discretion without cause at any time including, without limitation, if:
- a. There is a technological failure;
- b. We reasonably believe that you have breached any of these Conditions;
- c. You attempt to manipulate or ascertain information concerning the Software code or are involved in collusion;
- d. You tamper or attempt to tamper with the Software in any way;
- e. You are committing any offense, e.g., by attempting to access or accessing the Games from a jurisdiction where playing the Games is illegal; or
- f. You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
6. Changes to the Games
Betfair may, in its absolute discretion, alter, amend or withdraw any particular Game or any part thereof, add other Games at any time, and alter prices, features, specifications, capabilities, functions and/or other characteristics of the Games at any time.
Betfair may from time to time offer you complimentary or bonus amounts. Bonuses may only be used in relation to the Games as may be specified when the bonus is offered to you. Acceptance of any bonus shall be in accordance with additional terms and conditions Betfair may make available to you in respect of each such bonus and, if none, in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any bonus amounts and you may not remove any cash obtained via a bonus from your account without first complying with the applicable terms including, without limitation, any qualifiers or restrictions. Our decisions in respect of bonuses are final and binding in all respects. Self-exclusion, dormancy, or closure of your account will render any bonuses void.
8. Errors and Omissions
If there is any discrepancy between the gaming results on your computer and the results on our server, the results on our server shall be final and binding. If there is any discrepancy between your on-screen display and the balance in your account, the balance held on Betfair's server is deemed to be the balance in your account and this determination shall be final and binding. You will forfeit any amounts shown to be in your account that result from human error or technical default.
If you are incorrectly awarded any winnings as a result of (a) human error; (b) any defect or error in the Software; or (c) the failure of the relevant Games product or the Software to operate in accordance with the rules of the relevant Game, then neither Betfair, nor GNAC, nor any other party will be liable to pay you any such winnings, and you agree to refund any such winnings that may have been paid to you as a result of such error.
Betfair and GNAC, and their respective licensors, vendors and suppliers, and the respective licensees, distributors, parents, subsidiaries, and affiliates of each, and all of their officers, directors, and employees will not be liable for any loss or damages which may be caused by the interception or misuse of any information transmitted over the Internet.
C. GENERAL CONDITIONS
1. Communications and notices
Communications and notices to be given by you to us under these Conditions (other than those exchanges of information occurring in the normal operation of the site) should be provided to us at firstname.lastname@example.org.
2. Information Services
From time to time, Betfair may provide you with access to various information and content via our Site (including micro-sites and video content), emails, or any other means of communication. Further, Betfair may provide you with links to third party websites which may include information.
This information is supplied "as is" and is for information purposes only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, neither Betfair, nor GNAC, nor any other party makes any representations or warranties of any kind, including but not limited to, the accuracy, quality, or completeness of the information.
Neither Betfair, nor GNAC, nor any other party shall be liable for any action taken by you as a result of your reliance on any such information or for any loss or damage suffered by you as a result of your use of such information.
Any links to third party websites do not constitute an endorsement by Betfair or GNAC or any other party of any products or services available on such websites. You use such websites at your own risk and neither Betfair, nor GNAC, nor any other party takes any responsibility for the content on, or use of, such websites.
3. Intellectual property
The Sporting Exchange Limited ("TSEL"), part of the Betfair group of companies, is the owner of:
- a. All copyright and related rights in and to our Site, including, without limitation, rights in databases;
- b. All trademark rights, whether registered or unregistered, in and to Betfair and the Betfair logo;
- c. The domain name www.betfaircasino.com which is our uniform resource locator ("URL"); and
- d. Patents owned by the Betfair group of companies.
Any unauthorized use of any of these rights may result in legal action being taken against you.
You hereby assign to TSEL absolutely any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright, and all other rights whatsoever, in any bets, chat postings, game play, or any other interaction made by you while playing the Games.
4. Limitation of liability
The Site, Software, and the Games are provided to you "as is", without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights. Neither Betfair, nor GNAC, nor any other party warrants that the operation of the Site, the Games, or the Software will meet your requirements, or that the Software will be uninterrupted or error-free or secure, or that any defects are correctable or will be corrected. The entire risk as to the use, quality and performance of the Games and the Software lies with you.
The maximum aggregate liability of Betfair and GNAC to you or any third party arising out of these Conditions or your use of our site or the Software, whether for breach of contract, equitable duty, or in tort or otherwise, will be limited to whatever amount you paid to us while playing the Games.
In no event will Betfair or GNAC, or their respective licensors, suppliers, vendors, licensees, distributors, parents, subsidiaries, affiliates, or their respective officers, directors, and employees, or anyone else involved in creating, producing or delivering the Games or the Software (collectively, “BF Parties”), be liable for any damages or losses whatsoever, including, without limitation, special, indirect, consequential, incidental or punitive damages arising out of or in connection with these Conditions or the use or performance of the Games or the Software. This disclaimer and limitation applies regardless of the cause or nature of the losses or damages including, without limitation, lost revenue or profits (whether direct or indirect), interruptions, loss of data, inaccurate results, or delays, however arising and regardless of the theory of liability, even if Betfair received prior notice of the possibility of such damages.
Any allowable claim, if any, which you may bring against any BF Parties must be brought no later than 60 days after the date of the event giving rise to the claim. You hereby waive any right to bring any claim not brought within such period.
If you are using any third party equipment, software or services (collectively, the "third party goods/services") in connection with your use of our site or the Software, the entire risk as to the quality and performance of such third party goods/services rests with you. Should such third party goods/services prove defective, you assume the entire cost of all necessary repairs or corrections.
In no event will Betfair, GNAC, or any other BF Parties be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.
You agree to indemnify and hold Betfair and GNAC and their respective licensors, associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Conditions or any of them (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
We report winnings to the Internal Revenue Service (IRS) and the State of New Jersey Division of Taxation for:
a. Any bet which results in proceeds of $1,200.00 or more from a slot game; or
b. Any bet which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the wager.
If you are subject to IRS reporting requirements, we will send you Form W2-G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning.
You may not assign your account or these Conditions to any third party without Betfair's prior written consent. Betfair or GNAC may assign, transfer or novate any or all of its rights and obligations under these Conditions to any third party at any time without notice to you.
In the event that any provision of these Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Conditions shall not be affected.
9. Right of set off
We may at any time, without notice to you, set off any liability owed to us or to our customers by you, including (without limitation) liability in relation to any account in your name or which we believe to be under your control, against any liability that we determine that we have to you pursuant to these Conditions.
We reserve the right to make changes to our Site and all guides and policies included on our Site, including these Conditions at any time. You will be subject to the guides, policies and Conditions in force at the time that you play the Games. It is therefore your responsibility to check the guides, policies and these Conditions from time to time to ensure that you agree with them, and your continued use of the Site will be deemed to be your acceptance of any changes we may make.
11. Matters beyond our reasonable control
Neither Betfair, nor GNAC, nor any other party will be liable for any loss or damage that you may suffer in respect of an event of Force Majeure. For the purposes of these Conditions, "Force Majeure" means any event outside our reasonable control affecting our ability to perform any of our obligations under these Conditions.
12. Entire Agreement
This Agreement, these Conditions, and the terms expressly incorporated into them constitute the entire and only agreement between the parties with regards to the relevant subject matter and each party confirms that it has not been induced to accept these Conditions in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as expressly set out in these Conditions and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights, or remedies which it might otherwise have had in relation thereto.
13. No waiver
No failure or delay by a party to exercise any of its rights under these Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
14. Governing Law and Jurisdiction
These Conditions shall be governed by the law of the State of New Jersey and you consent to the exclusive jurisdiction of the New Jersey courts in relation to all disputes and/or claims relating to your internet or mobile gaming with Betfair.
15. Queries and Disputes
If you have any concerns or questions regarding your account or the result of your wagering on the Games on the Site, please contact us via email at email@example.com, via telephone at 1-877-689-0662, or via Live Chat (between 9am and 2am ET).
If you are not satisfied with how we respond to your query, please raise a dispute with us by providing full written details of your grievance to us via email at firstname.lastname@example.org. We will endeavor to respond in detail to all such queries within five (5) calendar days of receipt.
Betfair and GNAC are subject to all rules and regulations concerning customer disputes as defined by the NJDGE. If, after all reasonable methods to resolve the dispute with us have been exhausted, your dispute is still unresolved, you can contact the NJDGE by completing an Internet Dispute Form on the NJDGE’s website.
Please note that a copy of all disputes received by the NJDGE will be forwarded to GNAC, our casino license holder, unless otherwise directed by you.
1. Protecting your Privacy
2. Type of Personally Identifiable Information collected
We collect, retain, and use information about you to protect and administer your account and funds; to comply with applicable state and federal laws and regulations; and to help us design, improve and provide products and services in order to better serve you. When you open an account with us or when you submit a request or electronically pass information to Betfair, you are sometimes asked to provide certain information, such as your name, e-mail address, mailing address, telephone number(s), social security number, date of birth, credit card information, and bank account information. We ask for this information in order to facilitate your requests, provide personalized services, and communicate separately with you. Without your written or electronic consent, we will not collect personal information over our system unless it is necessary to provide you with our services or to prevent unauthorized access to our services.
3. Disclosure of Personally Identifiable Information
You have chosen to do business with us, and we recognize our obligation to keep the information you provide to us secure and confidential. In our continuous effort to provide services that we believe you may find useful or of value, we may make your records available to better facilitate your requests, provide more personalized services, and communicate separately with you.
From time to time, we will use the information we collect to coordinate marketing/rewards programs with partners, and to offer other enhancements to the services we provide. Any third party receiving such information will have an obligation to hold it confidential. Unless necessary to provide services, we will not disclose your personally identifiable data to other companies outside of Betfair and GNAC (and their affiliated companies) without your written or electronic consent.
Betfair does not currently sell customer information to advertisers or third party marketers. If we choose to do so in the future, we will provide you with information about how to remove your name from such lists. You will be provided with at least thirty (30) days to remove your name from such lists.
If you would prefer that we not share any of your information with third parties, except in circumstances in which we are legally required to do so, please contact us in writing at Customer Support, Betfair Interactive US LLC, P.O. Box 158, Jersey City, NJ 07303 to this effect.
In circumstances in which we inadvertently obtain information that appears to pertain to the commission of a crime or in which we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person exists, Betfair may voluntarily disclose the record or the contents of your communications or other information about you to law enforcement agencies and governmental entities without providing you advance notice. Upon receipt of an applicable search warrant or administrative, grand jury, or trial subpoena, Betfair may be required to disclose to the government or law enforcement agencies, without advance notice to you, the content of your communications and other records relating to your electronic communications, as well as the following records: your name and address; records of your online communication (including session times and duration); how long you have subscribed to our service(s) (including start date) and the type(s) of service(s) utilized; your telephone number(s) or other subscriber account identifying number(s), including any Internet or network address(es) assigned to you by our network; and the means and source of your payment(s), including any credit card or bank account number(s).
4. Protecting Online Account Information and Transactions
5. Third Party Web Sites
The Site contains links to other sites. Betfair cannot be responsible for the privacy practices or the content of other sites. When linking to other sites, please review their security and privacy policies.
6. Non-Personally Identifiable Information
When your computer or mobile device contacts our web servers (for example, when you visit the Site or view an HTML e-mail), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate the Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the Site, and IP addresses. We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, or advertising or promotional announcement or similar service. This information is used to analyze and improve the Site and to provide you with a more fulfilling and relevant experience.
7. Browser Cookies
8. Flash Cookies
The Site enables the use of the Adobe Flash Player. Adobe Flash Player is a commonly used software used by websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Site. Users with a computer running the Windows operating system can view flash cookie files in this folder: Documents and SettingsusernameApplication DataMacromediaFlash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/username/Library/Preferences/macromedia/Flash Player. Flash cookies are typically stored with an “.SOL” extension.
Although the Adobe Flash Player is commonly used by websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. However, please note that we do not process or comply with any browser’s “do not track” signal or other mechanism that indicates a request to disable online tracking.
9. Web Beacons
Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif," which allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to, and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate the Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about the Site and our marketing campaigns.
10. Third Party Cookies
We allow third-party companies to collect anonymous information when you visit the Site and to use that information to serve ads for Betfair products or services or for products or services of other companies when you visit the Site or other websites. These companies may use anonymous information (e.g., navigational, non-personally identifiable information; click stream information; browser type, time and date; subject of advertisements clicked or scrolled over, etc.) during your visits to the Site and other websites in order to provide advertisements about our goods and services likely to be of interest to you. These parties may use a cookie or a third party web beacon, or other technologies, to collect this information.
E. LOCATION SERVICES
In this Section E “Cellular Provider” means AT&T, Sprint, T-Mobile, Verizon or any other cellular provider that you use to access the Site and/or play the Games.
By accepting the Conditions you are providing permission to Betfair to obtain your location using your cell phone. It is necessary for Betfair to collect this information in order to validate that you are located within the legal gaming area of the State of New Jersey and to allow you to access the Site and play the Games. You are also consenting to Betfair retaining your location data for 10 years before deleting it. You also agree to those details being shared with the NJDGE upon request.
The Site uses location data. By using this service, you allow your wireless carrier to share your location with others. There is no representation, warranty or guarantee of accuracy, completeness or timeliness of any location data, product, or service.
This application was not developed by a Cellular Provider. If you use the Site, it may require your Cellular Provider to disclose your customer information, including location information, to Betfair or a third party. By providing your consent, you authorize your Cellular Provider to disclose your information to Betfair and to third parties in order to enable this application.
You acknowledge and agree that (1) your relationship with Betfair is separate from your relationship with your Cellular Provider; (2) Your Cellular Provider is not responsible for the Site; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors, and assigns from any judgments, claims, actions, losses, liabilities, or expenses arising from or attributable to the Site or the acts or omissions of Betfair.
SMS SERVICE ALERTS:
To confirm that you opt-in to location data being used to validate your location, you must provide a valid cell phone number on registration. Betfair requires this number in order to deliver an opt-in text message. You must reply “yes” to that message to confirm your consent for location verification. You will not be able to access the Games on the Site unless you have opted into location verification.
In order to receive this opt-in text message, you must have a supported carrier. Supported carriers include major US carriers such as AT&T, Sprint, T-Mobile, and Verizon Wireless. Additional carriers such as Boost, Cricket, U.S. Cellular, and Virgin Mobile are also supported where available.
Message and data rates may apply; please check with your carrier for further details. Messages will be sent with a maximum frequency of two messages per month.
Should you wish to opt-out of location services, you can do so at any point by responding "STOP" to the original opt-in text message or by texting "STOP" to “84787." If you opt out of location services, you will no longer be able to access the Site or the Games as Betfair will no longer be able to verify that you are physically located in the State of New Jersey. You can also text “HELP” to “84787” to receive an SMS message with additional information about location services. Betfair will remind you every 30 days via SMS that you remain opted in to location services.
For further details regarding location or SMS services, please contact Customer Service via email at email@example.com, via telephone at 1-877-689-0662, or via Live Chat (24 hours a day)