Terms of Service

1. General Terms of Service
2. Underage Policy
3. Unfair Advantage Policy
4. Third-Party Content Policy
5. Rewards Plan Terms and Conditions
6. Player Account
7. Standard Promotional Terms and Conditions
8. General Disconnection Policy
9. Player Protection (Responsible Gaming)
10. Cash Out Terms and Conditions
11. Auto & Notify Cash Out Terms and Conditions
12. Edit My Bet Terms and Conditions
13. Bonus Bet Terms and Conditions
14. Sports Rewards - Sports Bonus - Terms and Conditions
15. Same Game Parlay(+) Terms & Conditions
16. Odds Boost 

BetMGM.com – West Virginia Online Gaming Services (“Terms of Service”)

Last Updated August 8, 2024

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

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

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

These Agreements (as that term is hereinafter defined) govern the use of the Services in the state of West Virginia.

In these Terms of Service, “Act” shall refer to the West Virginia Lottery Sports Wagering Act, W. Va. Code §29-22D-1 et seq. and the West Virginia Lottery Interactive Wagering Act, W. Va. Code §29-22E-1 et seq., as applicable.

The Services currently operate under and pursuant to the Sports Wagering Management Service Provider License issued to BetMGM by the West Virginia Lottery Commission, pursuant to and in accordance with the West Virginia Lottery Sports Wagering Act (the “‘Act”’), W. Va. Code §29-22D-1 et seq. BetMGM is authorized to operate an Online Sports Wagering Pool in the state of West Virginia, pursuant to the Act, under a Sports Wagering Operator license issued to The Greenbrier. The Services are provided by BetMGM (where BetMGM is an indirect, partially-owned subsidiary joint venture of MGM Resorts International (“MGM”)) and are marketed under brands owned by MGM. These Agreements are at all times subject to the authority of the West Virginia Lottery Commission.

The Services currently operate under and pursuant to the Interactive Wagering (iGaming) Management Services Provider License issued to BetMGM by the West Virginia Lottery Commission, pursuant to and in accordance with the West Virginia Lottery Interactive Wagering Act (the “Act”), W. Va. Code §29-22E-1 et seq. BetMGM is authorized to conduct internet gaming in the state of West Virginia, pursuant to the Act, under an Internet Gaming Supplier License. The Services are provided by BetMGM (where BetMGM is an indirect, partially-owned subsidiary joint venture of MGM Resorts International (“MGM”)) and are marketed under brands owned by MGM. These Agreements are at all times subject to the authority of the West Virginia Lottery Commission.

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

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

These Terms of Service, together with the Texting Program Terms and Conditions, the Refer-a-Friend Terms and Conditions (see Your “My Account” page) and any other terms and conditions that are specifically attached to these Terms of Service by reference, constitute a legally binding agreement between You and Us (“Agreements”). You should read all these pages carefully, as each one forms part of the legally binding agreement between You and Us. By clicking to acknowledge and accept these Terms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access to and use of the Services is governed by these Agreements. We also urge You to read through the Rules, Documentation and Third-Party Terms (as those terms are hereinafter defined). “Rules” refers to the Sports House Rules, the Game Rules (Casino), and the additional game rules that specifically relate to and govern any particular event, game, promotion, or tournament. “Documentation” refers to the Frequently Asked Questions, help sections, instructions, guides, and other documentation relating to the Services, as generally made available to You by BetMGM. “Third Party Terms” refers to the MGM Rewards Terms and Conditions, MGM Resorts International Privacy Policy, and other terms and conditions, policies and rules imposed by third parties which are applicable to Your use of certain features and functionalities of the Services.

In the event of any conflict between these Terms of Service and: (i) any of the other documents that form part of the Agreements, such other documents shall prevail; (ii) any of the Rules, the Rules shall prevail, and; (iii) any of the Documentation, these Terms of Service shall prevail.

In addition to these Terms of Service, please read through Our Privacy Policy, which describes how We deal with and protect Your personal information.  Our Privacy Policy may change from time to time, so please review it regularly. If You do not agree with the collection, use, disclosure, transfer or sharing of Your personal information as described in Our Privacy Policy, please discontinue all access to and use of Our Services.

We have consolidated Your Account to make it easier for You to wager everywhere You use BetMGM (“Single Account”). Your consolidated BetMGM Account provides a seamless, more convenient wagering experience everywhere You use BetMGM. You have a single set of login credentials and account settings, and a single cash balance that You can use in all  jurisdictions where BetMGM is currently available (with the exception of Puerto Rico and Ontario), subject to the limitations stated herein. The funds You deposit into Your Account will also be available everywhere You log in, regardless of where You made the deposit. 

Exception: Depending on the state You are in, credit card or prepaid funds cannot be used for wagering if credit cards or prepaid cards are prohibited. If You deposit money into Your Account using a credit card in a state that allows credit card, and travel to a state that doesn’t allow it, those deposited credit funds will be marked as “restricted”. The credit card deposit method will also not be available for deposits in the Cashier menu when You are in a state that prohibits credit cards.

Please check Your e-mail for updates to Your login credentials. If You attempt to log in with a User ID or incorrect e-mail address, You will receive on-screen instructions on how to log in. Any bonuses in Your Account balance will remain in the state in which You received them and can only be used when You are physically located in that state. In addition, if You self-exclude in one state, You will be unable to access BetMGM’s services in every other state.

For additional information regarding Single Account, please refer to the Single Account Frequently Asked Questions. If the FAQs regarding Single Account do not satisfy Your questions, please contact Our 24/7 Customer Care team.

GAMING SERVICES

The gaming services are the services provided by Us via the following Platform: wv.BetMGM.com, and any other gaming platforms provided by Us from time to time (together the "Gaming Services").

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

1. APPLICABILITY OF AGREEMENTS

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

2. LEGALITY OF USE OF THE SERVICES

2.1. You may only use the Services if You are 21 years of age or over, a United States resident, and it is legal for You to do so according to the laws of West Virginia. You confirm that You are not accessing the Services from a state or foreign jurisdiction outside of West Virginia at the time of placing a bet or participating in a game. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to always ensure that You comply with the laws that govern You and that You have the complete legal right to use the Services. You hereby acknowledge that underage gambling is illegal, and that it is a criminal offense to allow a person who is under the age of 21 to participate in internet or mobile wagering. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Whenever the Terms of Service that apply to interactive gaming are changed, BetMGM shall require You to acknowledge acceptance of the changes via an acknowledgment pop-up. Your acknowledgement shall be date-and-time stamped by the interactive gaming system.

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

2.3. Federal Law restricts wagering on the internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (“The Wire Act”) and 31 U.S.C. §§ 3163 through 3167 (the Unlawful Internet Gambling Enforcement Act, or “UIGEA”)). It is a federal offense for persons physically located outside of West Virginia to engage in internet wagering in West Virginia. A patron’s wagering session connection will be terminated immediately if the patron device is removed from the boundaries of the state of West Virginia.

3. ACCOUNT/REGISTRATION

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

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

3.3. You shall ensure that the details provided at registration are accurate and kept up to date. All personal information that was provided at registration can only be updated by contacting BetMGM’s Customer Care team via e-mail, and providing the required personal information and identify verification documents that are requested by the Customer Care team. Please see Our Privacy Policy for further details regarding which information We collect, and how that information is used, shared and stored. Alternatively, You can contact Us for further information.

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

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

3.6. Use of certain Services may require You to be a member of the MGM Rewards Program or other rewards club established by MGM, and such membership may impact Your ability to access, claim or use certain benefits associated with the Services. You may enroll in the MGM Rewards Program either in-person at designated locations at participating MGM resorts, online through the MGM Rewards website, or as otherwise authorized by MGM. MGM Rewards enrollment and membership can only be activated by presentation of a valid, government-issued photo identification at an MGM Rewards Program desk or another designated MGM Rewards location at participating MGM Rewards resorts, or as otherwise authorized by MGM. Your participation in the MGM Rewards Program is subject to the program’s Terms and Conditions (available at MGM Rewards Program Rules) and to the terms of the MGM Privacy Policy (available at MGM Resorts Privacy Policy or other locations where it is posted).

3.7. To place a bet or play a game, You will be required to deposit funds into Your Account by any of the following methods: (a) a deposit account; (b) a credit or debit card, which has been registered and verified pursuant to the requirements of the issuer; (c) a reloadable prepaid card, which has been verified as being issued to You and is non-transferable; (d) cash complimentaries, promotional credits, or bonus credits; (e) winnings during a gaming session; (f) adjustments made by BetMGM with documented notification to You; (g) ACH transfer; (h) wire transfers; (i) gift cards; (j) online and mobile payment systems that support online money transfers; (k) any other means approved by the West Virginia Lottery Commission. Such funds will be deposited into Your Account upon actual receipt of funds by Us or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. With BetMGM’s Single Account, the credit card or prepaid card deposit methods will not be available for deposits in the Cashier menu when You are in a state that prohibits credit cards or prepaid cards. For further details of current deposit and withdrawal options and fees, please see the Cashier page. 

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

Deposits and withdrawals can be subject to Our review. In the case of suspected or actual fraudulent activity, We may suspend or terminate Your Account and may refund or refuse to refund any monies contained in Your Account in Our sole and absolute discretion.

In connection with making any deposit, You represent that:

1. All money that You deposit in Your Account originates from a payment source of which You are the legal owner;
2. 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;
3. 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; and
4. You accept that all transactions may be checked for anti-money laundering purposes and that any transactions made by You which BetMGM deems suspicious may be reported to the appropriate authorities.

3.8. You can request withdrawals from Your Account at any time, provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment with which deposits were made, with the exception of credit cards as We do not allow cash-outs to credit cards. When using a card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.

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

3.10. Account statements are available, which detail Your Account activity. These statements can be found by logging into Your Account and clicking on “My Transactions”.

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

4. TRUE IDENTITY AND ONE ACCOUNT

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

5. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT

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

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

1. Any individual who is prohibited from wagering pursuant to any self-exclusion list or a casino or Commission exclusion list;
2. Any individual whose participation may undermine the integrity of the wagering or the sports event or who is excluded from wagering for other good cause, including but not limited to, an attempt to place a wager as an agent or proxy;
3. Any employee of the Commission; or
4. A licensed interactive gaming or sports gaming operator or any of its employees placing a wager with that interactive operator or sports gaming operator in violation of W.Va. Code §§29-22E-1 et seq or W.Va. Code §§29-22D-1 et seq;
5. Any employee of either MGM, BetMGM or Entain plc (collectively referred to as the “Affiliate Group”), or its subsidiary or affiliated companies, who has administrative or privileged access to MGM’s and/or BetMGM’s online gaming data or systems;
6. An employee of a supplier or vendor of the Affiliate Group;
7. Any individuals who have been banned from gaming activities at any MGM subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in West Virginia or any state;
8. “Prohibited persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists;
9. Persons who are under the age of 21;
10. Persons who are not a legal resident of the United States.

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

6. YOUR USE OF THE SERVICES

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

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

6.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our patrons and the integrity of the Services. Please read Our Unfair Advantage Policy (which is incorporated in these Agreements) for further details, and Our Anti-Cheating Policy at Section 34.3 below. If any patron is found to be participating in any form of collusion or other activities that We consider to constitute cheating, their account may be permanently closed, and any balance may be at risk of forfeiture or withholding as per Section 20 of these Terms of Service.

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

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

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

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

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

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

1. You are 21 years of age or older;
2. You are a legal resident of the United States,
3. You are physically located in the state of West Virginia while wagering;
4. All details provided by You to Us to setup Your Account or otherwise participate in the Services are true, current, correct and complete;
5. You consent to the monitoring and recording by Us and/or the West Virginia Lottery Commission of any wagering communications and geographic location information;
6. You are of sound mind and capable of taking responsibility for Your actions and You can enter into a legally binding contract with Us;
7. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, mobile devices, telecommunications networks, and internet needs to access Our Services;
8. You fully understand the methods, rules, and procedures of the games and sports wagers applicable to Our Services;
9. You will not wager by using a robot player or equivalent mechanism (a “BOT”);
10. You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand;
11. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks on the Platforms or in Your communications with BetMGM; 
12. You will not disguise or interfere in any way with the internet protocol address (“IP address”) of the computer, mobile device, or other device You are using to access the Services, or otherwise take steps to prevent Us from correctly identifying the actual IP address of the device You are using while accessing the Services; and
13. You accept and agree to abide by the rules of the games and sports wagers as set out on the Services, these General Terms of Service, and the Agreements.

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

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

7. COPYRIGHT AND TRADEMARKS

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

8. ELECTRONIC SERVICES PROVIDER

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

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

9. BONUSES

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

10. WITHDRAWALS

10.1. Your Account balance is the amount of real money held in Your Account (if any), plus any winnings and minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud, or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under these Agreements ("Account Balance").

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

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

10.4. If You are awarded any payout in excess of limits set by the IRS (see the ‘What is a W2G?’ page for the limits), the obligation to pay applicable taxes on payouts is Your responsibility and any failure to pay applicable tax liabilities may result in civil penalties and/or criminal liability. Upon written request, BetMGM can provide You with summarized tax information on Your  wagering activities. Please reach out to Our Customer Care team. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by the withdrawal options available on Our Cashier page or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.

10.5. Payments will be made as soon as reasonably possible (subject to up to five business days of internal processing time), although there may be delays due to any Security Review (see Section 19 below) undertaken by Us, and We may hold any such payments in accordance with these Agreements. Under penalties of perjury, You declare that, to the best of Your knowledge and belief, the name, address, and Social Security Number that You have provided correctly identify You as the recipient of any jackpot payments and any payments from wagers, and that no other person is entitled to any part of these payments. 

10.6. You acknowledge that a Form W2-G may be issued by Us by January 31^st following the year of the payment. By accepting these Agreements, You acknowledge that any winnings that You win by using the Services are subject to the federal (i.e. Internal Revenue Code), state and local tax statutes and regulations, and You allow Your acceptance of these Agreements to serve as an electronic signature and to suffice as an acceptance and signature on any tax documents incurred during the internet gaming activity.

10.7. Your acceptance of these Agreements serves as an acknowledgement that Form 1099-Misc may be issued by Us by January 31^st following the year of the receipt of a prize consisting of cash or merchandise, valued at six hundred US dollars ($600) or more won by using the Services, subject to the federal (i.e. Internal Revenue Code), state and local tax statutes and regulations.

10.8. Your acceptance of these Agreements serves as acknowledgement and consent to receive all tax related documents, including any IRS Form(s) 1099, 1042 and/or Form W2-G, electronically in every jurisdiction You hold an account at for BetMGM, for each calendar year on or before January 31^st of the following year. You will be notified once the documents are made available electronically for each calendar year. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to You electronically. BetMGM reserves the right to stop paperless delivery of Your tax-related documents at any time by giving You notice. If We choose to do so, We will send You paper copies of Your tax-related documents. If You prefer not to opt into electronic delivery of Your W2-G and would still like to receive Your W2-G’s by regular mail, please reach out to Our Customer Care team and they will change Your preferences.

11. DORMANT ACCOUNTS

If Your Account has had no activity for a period of 16 months, Your Account will be deemed Dormant. Where permissible, BetMGM will remove non-cashable funds from accounts, including any restricted bonuses or promotional funds. Any unclaimed funds remaining in a dormant account may be forfeited and/or remitted as required, in accordance with state regulation and/or state law. To prevent Your Account from becoming Dormant, You can log into Your Account, make a withdrawal, a deposit, or a real money wager.

12. THIRD-PARTY CONTENT

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

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

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

13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

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

14. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

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

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

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

15. LIMITED SOFTWARE LICENSE

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

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

16. GAMING SERVICES UPDATES AND UPGRADES

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

17. LOCATION SERVICES

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

17.2. By registering to use the Services, You consent to the monitoring and recording by Us (or Our service providers) and/or by the West Virginia Lottery Commission of any wagering communications and geographic location information for the purpose of determining compliance with the Act.

17.3. We will handle all information collected through the location services in accordance with Our Privacy Policy. If You have any questions or concerns regarding the location services, You may contact Us by e-mail, via the mobile portal (chat feature is included),or by phone at 304-451-7981.

18. ERRORS

18.1. You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout ("Error"), We will attempt to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers. If there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 20 (Forfeiture & Account Closure) of these Terms of Service.

18.2. In the event of an Obvious Error in the placement of a wager, BetMGM reserves the right to take any and all action as set forth in its House Rules (See BetMGM House Rules for further information and for the definition of Obvious Error).

18.3. If You are incorrectly awarded any winnings as a result of (a) any human error; (b) any bug, 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 We will not 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 or mistake.

19. SECURITY REVIEW

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

20. FORFEITURE & ACCOUNT CLOSURE

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

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

21. TERMINATION

21.1. You are entitled to close Your Account and terminate these Agreements for any reason or no reason on seven (7) days’ notice to Us by withdrawing the entire balance from Your Account and contacting Us by e-mail, via the mobile portal (chat feature is included), or by phone at 304-451-7981. You may also send a letter to the below BetMGM address:

BetMGM

Attn: Account Closure

Harborside Plaza 2, Suite 700

200 Hudson Street

Jersey City, New Jersey 07311

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

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

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

21.4. The following Sections of these Terms of Service shall survive any termination of these Agreements by either party: 2, 5, 7, 8, 14, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 35, along with any other Sections which are required for the purposes of interpretation.

22. COMPENSATION

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

23. SELF-EXCLUSION, TIME LIMITS AND TIME-OUTS

23.1. We take Responsible Gaming seriously. You may suspend activity on Your Account for a period of time chosen by You. You may set daily limits and time-out periods through BetMGM’s Responsible Gaming page or have Your name placed on the West Virginia Lottery Commission’s self-exclusion list via the following form: wvlottery.com/wp-content/uploads/2021/08/Self-Exclusion-Request-2021.pdf

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

23.3.  If You have a pending interactive gaming wager or sports wager on an event that has not yet begun and then choose to self-exclude, Your wager will be cancelled, and Your funds will be returned via the deposit method that was originally used.

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

23.5. Please note that if You self-exclude in one state or have an operator exclusion imposed on You, You will be unable to access BetMGM’s services in every other state.

24. LIMITATIONS AND EXCLUSIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25. INDEMNIFICATION

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

26. NO REPRODUCTION OR RESALE

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

27. THIRD-PARTY WEBSITES

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

28. BINDING INDIVIDUAL ARBITRATION, DISPUTE RESOLUTION, AND APPLICABLE LAW

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

28.1. Initial Dispute Resolution Requirement

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

28.2. Complaints to the Regulator

You must first endeavor to resolve any dispute with BetMGM directly before contacting the state regulator. To the extent that You are not satisfied with Our response in connection with any complaint, claim, or dispute You make to us, You may then contact the West Virginia Lottery Commission at:

West Virginia Lottery

900 Pennsylvania Avenue

Charleston, WV 25302

Phone: 800-982-2274

Website: Sports / iGaming Complaint Form | West Virginia Lottery : West Virginia Lottery (wvlottery.com)

Any complaints, claims or disputes You may have must be directed to the regulator of the state in which You live, after first attempting to resolve it with BetMGM. Please do not contact any out-of-state regulator regarding any complaint, claim or dispute You may have with or regarding BetMGM.

28.3. Required Dispute Resolution Conference

28.3.1. Before initiating any claim in arbitration, or initiating a case as otherwise permitted by this Agreement, You and We (each a “party” and together the “parties”) must engage in a good-faith effort to resolve any claim through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. The informal telephonic dispute resolution conference shall occur within sixty (60) days of the other party receiving such notice, unless an extension is mutually agreed upon by the parties. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section and such tolling shall end at the end of the telephonic conference. Engaging in an individualized informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and if either party fails to engage in this process, the arbitrator shall dismiss that party’s arbitration demand.

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

28.3.3. Any notice You give to BetMGM pursuant to Section 28.3.2 must be sent via e-mail to: LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any notice BetMGM gives to You will be sent to the most recent e-mail address that You have provided Us in connection with Your Account. It is Your responsibility to keep the e-mail address connected to Your Account current and to regularly check Your e-mail account for e-mails from Us.

28.4. Applicable Law/Delegation

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

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

28.4.3. Notwithstanding the FAA’s applicability to the enforceability, application, and interpretation of this arbitration agreement, all controversies or claims arising out of or related to Our Services or these Terms shall be construed and enforced in accordance with the laws of the state of West Virginia and the United States of America without regard to any choice of law or conflict of laws principles, regardless of where You live.

28.5. Binding Arbitration

28.5.1. PURSUANT TO THE FEDERAL ARBITRATION ACT, ANY CLAIMS WHICH ARE NOT RESOLVED BY THE PROCEDURES DISCUSSED IN SECTIONS 28.1, 28.2 AND/OR 28.3, AND ALL OTHER ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE SERVICE(S) (INCLUDING THE GAMING SERVICES), THE PLATFORMS, WAGERING TRANSACTIONS, THE SITE, THE APP, OR THE ALLEGED BREACH OF THESE TERMS OF SERVICE (“DISPUTES”), SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) FOR FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES.

28.5.2. Intended beneficiaries of this Section 28.5 who will be entitled to enforce the provisions of this Section include (a) You and any person or entity purporting to bring claims on Your behalf, as well as (b) BetMGM, MGM, and Entain plc; the agents, principals, representatives, directors, officers, shareholders, governors, managers, and members of BetMGM, MGM, and Entain plc; and each of BetMGM’s, MGM’s, and Entain plc’s parents, subsidiaries, affiliates, partners, licensees, attorneys, successors, joint venturers, contractors, assigns, designees, services, and service providers.

28.5.3. The Streamlined Arbitration Rules and Procedures governing the arbitration may be accessed at jamsadr.com or by calling JAMS at (800) 352-5267. The arbitrator’s fees and costs shall be paid by BetMGM to the extent required by controlling law and the Streamlined Arbitration Rules and Procedures, if applicable. However, if either party commences arbitration in accordance with these Terms they will be required to pay JAMS’ then-prevailing filing fee. To the extent the filing fee for an arbitration that You commence exceeds the cost of filing a lawsuit, BetMGM shall pay the excess cost. The arbitrator will resolve any disputes regarding costs/fees associated with arbitration. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

28.5.4. So long as the Parties have completed an informal dispute resolution conference pursuant to Section 28.3 within 60 days after the Notice of Pre-Arbitration Dispute is received, either party may initiate arbitration. The party bringing the claim must demand arbitration in writing or via e-mail. Any demand for arbitration made to BetMGM must be sent via e-mail to LegalDepartment@betmgm.com, or via mail to: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. Any demand for arbitration made by BetMGM shall be sent to the most recent e-mail address that You have provided to Us in connection with Your Account. The demand for arbitration shall identify the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The demand for arbitration shall include the original (i.e., non-electronic) signature of the party seeking arbitration. The arbitrator will resolve all disputes regarding the timeliness or propriety of the notice of claims. By signing any demand for arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.

28.5.5. Any arbitration pursuant to this Section 28.5 shall be held before a single arbitrator who shall be a retired judge. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by each party ranking and striking from a list of arbitrators supplied by JAMS. Any such arbitration shall be held in the state of West Virginia or at another mutually agreeable reasonable location within the United States that is convenient for You.

28.5.6. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. In making any decision or award, the arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s decision or award is based. Either party may serve an offer of judgment under Federal Rule of Civil Procedure 68. If a party timely serves such an offer that the receiving party does not accept, and the judgment that the receiving party finally obtains is not more favorable than the unaccepted offer, then the receiving party shall pay the costs of the party that served the offer of judgment, including filing fees, incurred after the offer was made, to the extent permitted by law. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions as permitted by these Terms.

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

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

28.5.9. 30-Day Right to Opt Out. You have a right to opt out and not be bound by the arbitration provisions set forth in this Section 28.5 by sending written notice by U.S. mail of Your decision to opt out to the following address: BetMGM Legal Department, Harborside Plaza 2, 200 Hudson Street, Jersey City, NJ 07311. The notice must be sent (as demonstrated by the postmark or receipt for postage or shipping costs for the notice) within 30 days of the date You register for Your Account, otherwise You will be bound to arbitrate disputes in accordance with the terms of this Section 28.5. Any opt-out notice must be signed by You personally, and not by Your agent(s) or representative(s). Your notice may opt out only Yourself, and neither You, Your agent(s), or Your representative(s) may effectuate an opt-out on behalf of anyone other than You. If You opt out of these arbitration provisions, BetMGM also will not be bound by them.

28.6. Small Claims Matters and Other Matters Excluded from Arbitration Requirement

28.6.1. Notwithstanding the foregoing, either of Us may bring any qualifying claim in small claims court located in the state of West Virginia.

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

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

28.7. Class and Collective Action Waivers

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

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

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

28.8. Limitation of Damages

Except where prohibited by law, You agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the use of the Services; and (b) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

28.9. Waiver of Injunctive or Other Equitable Relief

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

28.10. Changes to this Section 28

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

29. SEVERABILITY

Except as stated in the Class and Collective Action Waivers section above (Section 28.7), if any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining Terms of Service, and that determination shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable according to the terms contained herein. In the case of the severance of any terms, the portion deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.

30. WAIVER

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

31. ASSIGNMENT

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

32. THIRD-PARTY RIGHTS

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

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

33. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

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

34. ADDITIONAL TERMS FOR USE OF THE GAMING SERVICES

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

34.1. Play Money and Real Money Games

By registering for the Services, You will be able to access (through the Software (as defined above)) both ‘play money’ games and tournaments (“Play Money Games” or “Play for Free Games” respectively) and ‘real money’ games and tournaments (“Real Money Games” or “Play for Real Money Games” respectively), via the Services. No purchase is necessary or required to play the Play Money Games, except for any cost You may incur to access the Services, as charged by Your internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove or add any Gaming Service in Our sole discretion with immediate effect and without notice and We will not be liable for any such action. Please note that in the event of any conflict between this Section 34.1 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.

34.2. Rules and Procedures of the Services

You must use the Services in accordance with the generally accepted game rules set out in the Game Rules section, and the procedures relevant to the Gaming Service. You are using those specifically set out on the BetMGM online sites, including but not limited to the Promotions section, Game Instructions & Rules section, the Refer-a-Friend section, the How to Play section, and any other page that specifically relates to and governs any particular event or, game.

34.3. Anti-Cheating Policy

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

34.4. Shared Games, Table and Database Platform

We reserve the right, but are not obliged, to run and utilize a shared table, server and database platform or system ("Shared Game/Table Platform") which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the Terms of Service, or for any other reason in Our sole discretion, We may block you, in part or full, from the entire system so that You may not play through one or more sites or brands that use or are part of the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform.

34.5. Settlement of In-Game Disputes

You fully accept and agree that random number generator ("RNG") software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred. Please note that in the event of any conflict between this Section 34.6 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.

34.6. Statistics and Live Scoring

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

35. DISCLOSURE OF NON-PUBLIC INFORMATION

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

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

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

Underage Policy

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

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

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

Unfair Advantage Policy

We are committed to taking all reasonable measures to prevent anything that gives a player an unfair advantage over another. To this end, We forbid all unfair practices with the goal of protecting Our patrons and the integrity of Our systems. Failure to abide by the Unfair Advantage Policy and/or other suspicious activity may result in permanent account closure, confiscation of funds, and in certain circumstances, additional actions.

Unfair Practices:

Unfair practices are any practice, including, but not limited to, the use of Bots (autonomous or command-executed programs on a computer or network that can interact with computer systems or users), AI, multiple account use or practices conducted in collaboration with other players, carried out by one or more players, with one or more accounts, which could put any other player not engaging in such activity at a competitive disadvantage, where the unfairness in such activity is due to its success being based to some extent on concealment or deception against such players. Unfair practices include, but are not limited to, the following:

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

It is prohibited for a player (whether in the player’s name or another name) to have multiple accounts for the sole purpose of playing both accounts at the same time. A player may only have a single gaming account for each BetMGM skin (i.e. BetMGM, PartyPoker, PartyCasino, Borgata, etc.). In states where multiple BetMGM skins are present, players are prohibited from playing on multiple skins simultaneously. Any player associated with multi-accounting is subject to discipline in a number of forms, from a warning (in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service), up to and including permanent account closure, confiscation of their funds, and additional actions. 

2. Account Sharing/Third-Party Account Usage:

Each player on the BetMGM platform is responsible for protecting their login credentials. Sharing account credentials and devices is prohibited under the Terms of Service of BetMGM. No third party (including friends and relatives) is permitted to use Your Account access the BetMGM platform under Your name, or log into their Account on Your device. Any player who believes the integrity of their BetMGM gaming account has been compromised should inform BetMGM immediately. BetMGM holds no responsibility for any actions taken by a third party who gains access to any player’s gaming account. Under no circumstances will BetMGM be liable for any losses incurred by any player as a result of mishandling of a player’s access credentials by any person. All transactions and gameplay where Your username and password have been entered correctly will be regarded as valid, whether authorized by You or not. Please note that anyone found to be sharing accounts could be subject to a number of measures, from a warning in which the user’s account may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service, up to and including permanent account closure, confiscation of their funds, and additional actions. 

3. The Use of Artificial Intelligence (AI):

AI is composed of autonomous or command-executed programs on a computer or network that can interact with computer systems or users, especially one designed to respond or behave like a player. BetMGM prohibits the use of AI on its platform and across its skins. All player actions taken on the BetMGM platform must be player-generated without assistance. BetMGM reserves the right to withhold funds of, and deny services to, any person using a prohibited tool or service. If a player is found to have used AI, they will be in breach of this provision, which will lead to permanent account closure, confiscation of their funds, and additional actions. 

4. The Use of “Bots”:

A Bot is software that can interact with the BetMGM platform without any human input. The software calculates the best available decision and then executes it. Certain companies offer Bots specifically created to play a game in the place of an actual (human) player, and conceal its use from the other players, and avoid detection by the online gaming site. These programs are marketed by explicitly promising the prospective purchaser/user an unfair advantage over other online players not using that program. The use of Bots is prohibited. If a player is found to have used a Bot in any way, they will be in breach of this provision, which will lead to permanent account closure, confiscation of their funds, and additional actions. 

Frequently Asked Questions:

How does BetMGM distinguish between Prohibited and Permitted categories of programs? Is it true that many of these programs are for training and improving gaming skills?

Programs that give a player an advantage over others are not the issue; an unfair advantage is. Our basis for distinction is not whether a particular program gives the user an advantage over non-using players, nor is it based on the particular content. The key indicators that define the class of programs We seek to eliminate from use on the website are: (1) deception and (2) breach of Our customers’ privacy.

What We are referring to is programs which: (a) advertise as a key feature that the buyer/user will gain an unfair advantage (often they even use the word “cheat”) over the other players, in other words they promise to help a player to cheat; or (b) their use by the buyer/user is intended to remain concealed from the other players and from the “operator” (i.e., the online gaming room); or (c) steal legally protected material (e.g., player identities) that violates International Copyright Laws, as well as Privacy Laws (“Prohibited Categories”).

Which counter-measures is BetMGM taking to prevent the use of Bots?

Our efforts can be divided into three separate categories: (a) identification & detection; (b) warning/suspending offending users; and (c) additional measures through enlarged customer choice. Identification and detection counter-measures are in place now and have been for some time. These efforts will continue to improve - so that We’re able to more precisely detect existing Bots and, more importantly, so that as new Bots are created/released, We can also prevent those from diminishing the user experience when on the website.

Do the efforts involve “data mining” or other means to access/read files on my computer?

Yes, and We want You to know what particular data We’re looking for and why We need to do this. The best way to explain this is by comparison to the most well-known form of data mining, where companies gather data about the user for (among other reasons) purely commercial purposes (i.e. to sell a user profile to online advertisers). Our automated software reports on any processes or programs in use on Your computer that have been identified as subject to this policy. We do not scan Your hard drive or take screenshots from Your machine. We do a limited query of players’ computers while they’re playing at Our tables, solely for the purpose of detecting use of prohibited software. This  monitoring  is one of the key counter-measures We take against Bots, which is against the interests of Our players. To find out more about Our general policy regarding data processing, please see Our Privacy Policy.

Chat Abuse

BetMGM provides players with a chat facility through which players can communicate with other users of the BetMGM platform. We collect and may use this information for legitimate business purposes, including to enforce these Terms of Service. BetMGM reserves the right to review chat history and to record all statements made on such facility. A player’s use of the chat facility is subject to the following rules. Players shall not:

• Make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred, or profanity.
• Make statements that are abusive, defamatory, or harassing or insulting to other users of Our Services.
• Make statements that advertise, promote, or otherwise relate to any other online entities.
• Make statements about BetMGM or the Sites or any other internet site connected to BetMGM that are untrue and/or malicious and/or damaging to BetMGM.

BetMGM only permits the use of English within the chat facility.

Players are prohibited from chatting about games in progress. Any chat that may influence how any player in the game might act is prohibited.

PLEASE NOTE: Any personally identifiable information You share via the chat may be visible to other BetMGM players or third parties. BetMGM is not responsible for the consequences of any voluntarily shared personally identifiable information that any player submits via the chat facility being read by others.

Violation of Our chat abuse policy is subject to a number of measures, from a warning in which the user’s chat may be temporarily suspended in order to educate and reiterate the requirements of the Terms of Service, up to and including permanent chat closure and additional actions. 

Consequences of Unfair Practices:

Where We, in Our absolute discretion, determine an unfair practice has taken place (whether an unfair advantage has been gained or not), the person(s) responsible for that practice will be subject to one or all of the following consequences:

• We may e-mail the offender(s) and demand the immediate halt of all unfair practices.
• We may suspend the offending account(s) for the purposes of conducting a thorough investigation into the unfair practices.
• Ultimately, We may, in Our sole discretion,  terminate the offending account(s) indefinitely and  all funds in the account(s)  may be forfeited (see Sections 5, 20, and 22 of Our General Terms of Service).
• We may report the Unfair Practices to Our regulators. 
  
   

Third-Party Content Policy

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

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

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

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

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

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

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

1. is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person;
2. constitutes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3. contains nudity, excessive violence, or offensive subject matter, or links to any such content;
4. solicits personal information from anyone under twenty-one years of age;
5. contains information that poses or creates a privacy or security risk to any person;
6. contains an unauthorized copy of another person’s copyrighted work; and
7. includes a photograph or video of another person that You have posted without that person’s consent.

Rewards Plan Terms and Conditions

These Rewards Plan terms and conditions are in addition to, and subject to, those terms and conditions set forth in the Online Gaming Terms of Service (“General Terms of Service”), which are incorporated herein by reference. Capitalized terms herein have the same meaning as set out in the General Terms of Service. In addition, the following definitions apply:

a. ‘Rewards Plan’ refers to these Rewards Plan Terms and Conditions, as amended or replaced by Us from time to time;
b. ‘BetMGM Rewards Points’ refers to the points earned from wagering real money, which are available for redemption in Our Rewards Store from time to time in accordance with the terms set out herein;
c. ‘Rewards Store’ means the online rewards store where You may redeem BetMGM Rewards Points;
d. ‘Sites’ for the purposes of this Rewards Plan shall mean the following platform: BetMGM.com, and such other platforms as We may indicate from time to time.
e. ‘Tier’ shall mean the Rewards Plan tiers of Sapphire, Pearl, Gold, Platinum and NOIR (listed lowest to highest).

1. When You create a BetMGM Account, You will be automatically enrolled in the Rewards Plan and agree to these Rewards Plan Terms and Conditions. In addition, You will also be automatically enrolled in the MGM Rewards Program and agree to the MGM Rewards Program Terms and Conditions. Only individuals are eligible for membership of the Rewards Plan. Commercial use is prohibited. 

2. Rewards Plan membership and benefits are provided at Our sole discretion.

3. BetMGM Rewards Points may be earned as a result of real money wagering, as set out on the ‘BetMGM Rewards FAQ page (as amended from time to time) and any other applicable pages on Our Sites.  BetMGM Rewards Points cannot be sold, bartered, shared, transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Any attempted transfer, sale, barter or assignment will be void. BetMGM Rewards Points do not have any cash value and cannot be redeemed for cash. The Rewards Plan and accumulation of BetMGM Rewards Points do not confer any enforceable contract or vested property rights with respect to the Rewards Plan benefits.

4. The earning and redemption of BetMGM Rewards Points is subject to Our sole discretion and to any restrictions contained on the relevant pages of Our Sites, and any terms and conditions provided with particular promotions, bonuses, goods or service redemptions. We have the sole right to interpret and apply such terms and conditions. BetMGM Rewards Points can be redeemed by visiting Our Rewards Store. From time to time, We may provide opportunities to redeem BetMGM Rewards Points for goods, services or experiences offered by third parties. Certain products, services or experiences available through the redemption of BetMGM Rewards Points will be fulfilled by third-party providers who may  collect Your contact information (name, email, mailing address and/or phone number) and any other information such third-party provider determines is appropriate to fulfil Your request which may require You to create an account or download an app (or multiple apps) to fulfill. Redemption of BetMGM Rewards Points for third-party products or services is voluntary and will be governed by the relevant third party’s privacy policy, terms of service and any additional terms and conditions such third party may provide applicable to such products or services. You acknowledge that We have no liability or responsibility for the products or services offered by such third parties.

5. The individual terms and conditions for the exchange of BetMGM Rewards Points for Bonuses, Tournaments, MGM Rewards Points, and any other potential products, services or other offerings as described in the Rewards Store will be made available to You on Our Sites. You must read the additional terms and conditions carefully and You are agreeing to the same in connection with such exchanges.

6. BetMGM Rewards Points accumulated may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of BetMGM Rewards Points is solely Your obligation.  

7. BetMGM Rewards Points for all Tiers are subject to expiration, except as otherwise stated below. Expiration of BetMGM Rewards Points for all tiers (Sapphire, Pearl, Gold, Platinum and NOIR) can occur 180 days after earning. Upon expiration, BetMGM Rewards Points will be removed from Your Account. To prevent expiration of Your BetMGM Rewards Points, You must earn at least one (1) BetMGM Rewards Point by placing and settling  a cash wager/bet via the Services before the conclusion of the expiration timeframe. Doing so will re-start the expiration time period on the current BetMGM Rewards Points in Your Account. Any new BetMGM Rewards Points earned after such time period will have their own 90 or 180-day expiration period. Once BetMGM Rewards Points have expired, the BetMGM Rewards Points cannot be reinstated or redeemed. Please also note that Your Tier Status may change if You no longer meet the criteria for Your current Tier; if You are a current Pearl, Gold, Platinum and NOIR member and become a Sapphire member, the Sapphire expiration period will apply to all of Your BetMGM Rewards Points.  

8. You will not receive any BetMGM Rewards Points for any betting or gameplay that was done with restricted funds (“Bonus & Rewards” balances), including, but not limited to: deposit match bonuses, etc.

9. BetMGM will determine maximum BetMGM Rewards Point earnings or Tier Credits per player. BetMGM reserves the right to add, change or delete the BetMGM Rewards Point limits or Tier Credit limits. 

10. You are responsible for informing Us of any changes to Your address or other Account details, and We shall not be liable for any consequences resulting from Your failure to do so. 

11. It shall be Your responsibility to ensure that Your BetMGM Rewards Points are properly credited. If You dispute Your BetMGM Rewards Points balance, or where We deem that verification is required, We reserve the right to require proof of accrual from You.

12. If You become eligible for an invitation to, or redeem Your BetMGM Rewards Points for entry to, a tournament or  event, the logistics, date and timing of the tournament or event, as applicable, and the terms and conditions of entry shall be at Our sole discretion. Any such eligibility or redemption does not guarantee that such an event will take place. We will not be liable for any injuries, losses, damages or expenses suffered or incurred by You or any third party as a direct or indirect result of attending any such tournament or event.

13. We reserve the right to make any payment transfers by means which do not result in Us incurring any third-party costs.

14. We reserve the right to award BetMGM Rewards Points selectively, at any time, to players chosen in Our discretion. Any failure to follow the terms and conditions referred to herein, any abuse of the Reward Plan or any conduct detrimental to the interests of the Affiliate Group, may result in the termination of Your membership of the Reward Plan and the  removal of accrued BetMGM Rewards Points.

15. We reserve the right to modify, alter, discontinue or terminate the Reward Plan and any promotion or product line or Rewards Plan benefit at any time for any reason whatsoever, with or without notice (including, without limitation: by changing the way BetMGM Rewards Points are generated, earned, awarded, collected, converted, transferred or redeemed, or by adding further restrictions on the redemption of BetMGM Rewards Points). We may amend these Rewards Plan terms and conditions at any time by publishing the modified terms and conditions on any of Our Sites as part of the General Terms of Service. Any changes or modifications to the Rewards Plan will be effective immediately upon posting the changes to any of Our Sites, unless otherwise indicated or except as required by applicable law. By participating in the Rewards Plan, You waive any right You may have to receive specific notice of such changes or modifications, except as required by applicable law. Your acceptance of the updated General Terms of Service confirms Your acceptance of these Rewards Plan terms and conditions and any changes or modifications to these terms and conditions.

16. You should review these Rewards Plan terms and conditions, the General Terms of Service and Our policies and FAQs (if any) frequently to understand the terms that apply to the Rewards Plan. If the Rewards Plan is terminated, and unless otherwise indicated at the time of termination, all unredeemed BetMGM Rewards Points will no longer be available for redemption, without any obligation or liability to BetMGM, and no redemption claims will be honored after the effective date of termination. 

17. Decisions of Our staff and management about any aspect of the Rewards Plan will be final.

18. The Rewards Plan shall be governed by and construed in accordance with the laws of West Virginia.

Player Account

The BetMGM platforms meet the highest security standards in the industry, with a five-level security system, multiple firewalls, and Transport Layer Security (TLS). Early-warning systems in the form of limits on unusually high stakes and winnings prevent manipulation and other criminal activities at an early stage.

However, You can help Us to further increase the safety of Your account:

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

You should change Your password regularly. By default, You receive an e-mail notification every time You log in to Your Account, unless You turn the notifications off. If You cannot remember having accessed Your account at the specified date and time, change Your password immediately. If You have forgotten Your password, You can retrieve it here.

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

Two-Factor Authentication. Every new device You use to log in to Your BetMGM account will also require two-factor authentication (2FA) via SMS or e-mail.

• SMS. If You are logging in with a new unrecognized device, a 2FA pop-up notification will appear that will allow You to send a one-time code via SMS to Your registered mobile number.
• E-mail. If You prefer to perform 2FA via e-mail, You may also have the option to click on the ‘Send Code to E-mail’ button, depending on which state You are logging in from.
• Trusted Devices. After You enter the one-time code, Your current device will be considered ‘trusted’ moving forward, which will allow You to log in with Your e-mail and password without having to enter a one-time code.
• New Jersey 2FA Rules. Due to Single Account functionality, if You have a New Jersey BetMGM account in addition to BetMGM account(s) in other states, the New Jersey 2FA restrictions will be carried over to Your additional states when You log in. 2FA must be performed via SMS and e-mail will not be an available option for receiving Your one-time code. 2FA must be performed every 14 days to log in to Your account, even on a device that has already been trusted and recognized.

You can contact Our Customer Care team at any time to obtain Your account history and game history, or a copy of Our Terms of Service. You may also access Your Account and game history by logging into Your Account and accessing “My Account” and following the prompts for “My Transactions” and/or “Cashier”.

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

Standard Promotional Terms and Conditions

BetMGM.com

1. Introduction

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

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

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

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

2. Promotions and Promotion Periods

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

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

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

3. Promotion Communications

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

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

4. Eligibility to Participate in Promotions

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

1. be twenty-one (21) years of age or older;
2. be physically located in West Virginia at the time of participation;
3. be legally entitled to use Our services in accordance with Our General Terms of Service;
4. have successfully completed registration on the Platform for the relevant service and opened a real money player account (“Account”) in accordance with Our General Terms of Service, unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available, and subject to Section 5.2 below;
5. satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and
6. not be an Unauthorized Person (as defined in Section 6, below); (a “Qualifying Player”).

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

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

5. Participation in Promotions

5.1. Participation in any Promotion is voluntary.

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

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

6. Excluded and Disqualified Players

6.1. Excluded and disqualified players consist of the following:

1. Any individual who is prohibited from wagering pursuant to any self-exclusion list or a casino or Commission exclusion list;
2. Any individual whose participation may undermine the integrity of the wagering or the sports event or who is excluded from wagering for other good cause, including but not limited to, an attempt to place a wager as an agent or a proxy;
3. Any employee of the Commission;
4. A licensed interactive gaming or sports gaming operator or any of its employees placing a wager with that interactive gaming operator or sports gaming operator in violation of W.Va. Code §§29-22E-1 et seq or W.Va. Code §§29-22D-1 et seq;
5. Any employee of either MGM, BetMGM or Entain plc (collectively referred to as the “Affiliate Group”), or its subsidiary or affiliated companies, who has administrative or privileged access to MGM’s and/or BetMGM’s online gaming data or systems;
6. An employee of a supplier or vendor of the Affiliate Group;
7. Any individuals who have been banned from gaming activities at any MGM subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in West Virginia or any state;
8. “Prohibited persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists;
9. Persons who are under the age of 21;
10. Persons who are not a legal resident of the United States.

7. Qualifying Deposits

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

8. Release and Withdrawal Restrictions

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

8.2. If it is a requirement of any Promotion that a certain number of games or wagers be played or placed, then unless otherwise indicated in the applicable Specific Promotional Terms, any games or wagers played or placed at tournaments (unless the Promotion is a tournament) or at play money areas will not be counted.

8.3. If it is a requirement of any Promotion that a certain number of Points be accrued, then unless otherwise indicated in the applicable Specific Promotional Terms, the reference to “Points” means Standard Points accrued during the relevant Promotion Period only. Unless otherwise indicated in the applicable Specific Promotional Terms, Points which have been redeemed or used in any way outside of the relevant Promotion, will not be counted towards such a requirement. Once Points have been redeemed in connection with a Promotion, they may not be reclaimed.

8.4 If it is a requirement of any Promotion that wagers be placed, then unless otherwise indicated in the applicable Specific Promotional Terms, bets placed in any game of (a) Roulette on the winning number being red, black, odd, even, between the number range 1 - 18, or between the number range 19 - 36; (b) Single Deck Blackjack (c) Bonus Pairs Blackjack; (d) Triple Card Poker; (e) Texas Hold’em Bonus Poker; (f) Final Score World Cup; and (g) Tens or Better will not be counted as valid wagers for the purposes of meeting the withdrawal or wagering restrictions of any Promotion.

8.5 If it is a requirement that a game has a specific wagering percentage contribution assigned to it, the chart below would apply:

9. Payment of Bonuses and Bonus Abuse

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

9.2. Your use of any real money bonuses is subject to Our review for Bonus Abuse. Bonus Abuse includes, but is not limited to, low margin betting, equal betting, zero risk bets, wagering on both sides of an event, or hedge betting in relation to bonus funds (for sports wagering), as well as betting both sides of Baccarat, betting both red and black on Roulette, multi-accounting, creating several poker accounts on different sites just to compete in the same tournament, collusion, chip dumping and any other actions that would be deemed as circumvention of Our policies (for casino/poker). It shall constitute Bonus Abuse to engage in any of the conduct described in this section using linked accounts, whether in the player’s name or another name. Any act of Bonus Abuse constitutes a violation of these Terms and Conditions. In the event We suspect that Bonus Abuse has taken place, We reserve the right to prevent You from withdrawing Account funds; and/or withhold any of Your winnings derived from Your use of the bonus. Upon determining that Bonus Abuse has occurred, We reserve the right to cancel any wagers relating to the use of bonus funds and/or subtract from Your Account balance any funds earned through engaging in Bonus Abuse.

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

10. Prizes

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

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

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

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

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

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

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

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

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

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

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

11. Publicity and Intellectual Property

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

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

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

12. Currency

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

13. Our Liability

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

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

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

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

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

15. General

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

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

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

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

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

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

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

General Disconnection Policy

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

1. Disconnection protection is a tool that protects players if their internet connection is lost while they are involved in gameplay. BetMGM strives to offer the best disconnection protection to Our players. Our goal is to protect players, while also maintaining appropriate checks so that the protection offered is not abused.
2. Disconnection protection is not intended to be used other than in the event of a genuine disconnection. Any misuse of this policy may result in the forfeiture of any monies won, tournament disqualification, the loss of the disconnection protection privilege, or expulsion from the website.
3. BetMGM’s software is designed to assess if a player has a genuine disconnection before giving the disconnection protection to them. Players trying to take advantage of disconnection protection by deliberately getting ‘timed out’ will be deemed to have ended their gameplay.
4. Players must accept the risk of disconnection and should log back in and continue playing as quickly as possible if they are cut off. Ask Your internet service provider about how they can help reduce the risk of disconnection. BetMGM is not responsible for player disconnection.
5. BetMGM reserves the right to alter this policy and render final decisions on all matters herein at Our sole discretion. Policy changes and relevant decisions will be communicated accordingly by Us using electronic means.
6. BetMGM’s Services, or certain betting markets, may not be available at any particular time (including due to connectivity issues).
7. Updates to the displayed information may put a player at a disadvantage compared to others who may have more up-to-date information.
8. BetMGM may incorporate delays in the registered time for in-play wagers to prevent past-post wagers and cancellations.

DISCONNECTION POLICY - CASINO

1. If a player becomes disconnected while involved in a game where no player input is required to complete the game, the game will produce the final outcome as determined by the random number generator. We will update the player’s Account accordingly.
2. If a player becomes disconnected while involved in a single player game, where player input is required to complete the game, We will, subject to Our discretion, either: (1) upon subsequent activation, return the player to the game state from immediately prior to the interruption and allow the player to complete the game; All wagers pending disposition shall be held in a pending wager account; or (2) cancel the game according to the specific game’s rules, resulting in either the forfeiture of the player’s wager or the return of funds to the player in accordance with BetMGM’s internal procedures; or (3) depending on the specific game’s rules, make a selection on behalf of the player in order to complete the game.
3. If a player becomes disconnected while involved in a game with multiple players, where the result is affected by the time to respond to a game event, such as Poker or Blackjack, the game shall make a selection on behalf of the player in order to complete the game.

Player Protection (Responsible Gaming)

INTRODUCTION

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

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

What Is Problem Gambling?

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

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

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

The Warning Signs:

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

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

BASIC PRINCIPLES

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

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

• Real Fairness

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

• Real Security

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

• Real Prevention

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

• Real Education

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

Responsible Gaming Behavior

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

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

There are myths associated with gambling, such as:

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

While having rituals and believing the next spin is “the one” can be fun and add to Your enjoyment, it’s important to understand just how random the games and events are. Remember, the house has the advantage, and You’re likely to lose more than You win over time, so stay within Your limits and keep it fun.

There are many risks associated with problem gambling, including:

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

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

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

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

SETTING PLAYER GAMING LIMITS

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

Once established, any decrease to these limits will be effective immediately and You will receive an instant  pop-up notification. Any increase to these limits will become effective only after the time period of the previous limit has expired.

Deposit and Wager Limits

Deposit and wager limits can be set on a daily, weekly and monthly basis and specify the maximum amount of money You can deposit into Your internet gaming account during a particular period of time. All requests for limit decreases will be implemented immediately; requests for limit increases only become valid after a delay (1 day for daily limit, 7 days for weekly limits and 30 days for monthly limits) and an additional confirmation of the request. Please go to Player Icon --> Responsible Gaming --> Responsible Gaming Limits --> Deposit Limit to set a deposit/wager limit.

Loss Limits

Loss limits can be offered on a daily, weekly and monthly basis and specify the maximum amount of money You can wager during a particular period of time. All requests for limit decreases will be implemented immediately; requests for limit increases only become valid after a delay (1 day for daily limit, 7 days for weekly limits and 30 days for monthly limits) and an additional confirmation of the request. Please go to Player Icon --> Responsible Gaming --> Responsible Gaming Limits --> Loss Limit  to set a loss limit.

Time Limits

Time-based limits are offered on a daily basis and specify the maximum amount of time You may spend playing on the website (time is measured hourly from the time You log in to the time You log out). After exceeding this time period, You will be prevented from further play. All requests for time limit decreases (i.e. going from playing 10 hours a day to 1 hour a day) will be implemented immediately; requests for time limit increases (i.e. going from playing 1 hour a day to unlimited play) only become valid after 30 days. Please go to Player Icon --> Responsible Gaming --> Responsible Gaming Limits --> Session Time Limit to set a time limit.

Timeout/Cooling Off Period

Should You need a timeout (“cooling off”) period from gambling, You can choose Our timeout action. Please be aware that the timeout must be for a minimum of 3 days (up to a maximum of  1 year) and that during that time period You will not be able to login to place a wager or deposit. Please contact the Customer Care team should You want Your funds returned during that period. The account will not be reactivated under any circumstances during that period (unlike a standard account closure request). The account will be automatically reenabled after the selected timeout period has passed. Please go to Player Icon --> Responsible Gaming --> Time Out/Self Exclusion (depending on Your state).

Closing Your Account

If You want to permanently close Your account for responsible gambling reasons, please contact Our Customer Care team in order to do so.

CONTACT INFORMATION

There are a number of support organizations available which offer valuable information and advice across a range of areas. Details are below, including contact information for each organization.

The Problem Gamblers Help Network of West Virginia

The Problem Gamblers Help Network of West Virginia has been helping those affected by obsessive gambling since 2000. They are committed to providing professional and compassionate service to a wide range of audiences. The Council offers prevention, education, and referral services to all interested parties.

If You or someone You know has a gambling problem, confidential help is available at 1-800-426-2537 or visit www.1800gambler.net/

National Council on Problem Gambling

The National Council on Problem Gambling (www.ncpgambling.org) serves as the national advocate for programs and services to assist problem gamblers and their families. Their vision is to improve health and wellness by reducing the personal, social and economic costs of problem gambling.

Voluntary Self-Exclusion

The West Virginia Lottery Commission maintains a voluntary self-exclusion list, which allows individuals to exclude themselves from participating in internet gambling and internet sports betting in the State of West Virginia. A West Virginia Lottery self-exclusion will permanently ban You from any West Virginia licensed casinos and all gambling venues, including online sportsbooks and casinos. In order to be removed from the self-exclusion list, the excluded person must petition the director of the Lottery Commission in writing. A permanent self-exclusion can only be filed in person at the offices of the West Virginia Lottery Commission, or via mail, after filling in the form located here. Any person requesting temporary suspension can submit his or her request through their gaming account. Once Your account is created, log in and go to My Account and select the “Responsible Gaming” option. Please note that if You self-exclude in one state, You will be unable to access BetMGM’s services in every other state.

Operator-Imposed Exclusion

BetMGM reserves the right to temporarily or permanently exclude patrons based on communications or activities that do not align with Our responsible gaming principles.

Questions

If You have any questions related to responsible gambling, please get in touch with Our Responsible Gaming team. Please note, it may take 24 to 48 hours before You receive a response. For immediate assistance, please contact Our Customer Care team via the mobile portal (chat feature is included), via e-mail, or by phone at 304-451-7981.

Cash Out Terms and Conditions

We may offer the ‘Cash Out’ option for placed bets: You will have the option to accept settlement of bets You have placed before the result of the bet is determined. The ‘Cash Out’ amount is calculated based on the current odds and is subject to change depending on when You chose to accept a ‘Cash Out.’ If ‘Cash Out’ is available for a placed bet, the corresponding symbol will be displayed in the ‘My Bets’ section (live betting) or the ‘Cash Out’ section (sports betting – pre-match) of the betslip.

1. The ‘Cash Out’ functionality is available for single and multi-bets only. Round Robin bets are not part of the ‘Cash Out’ functionality.

2. Any ‘Cash Out’ selection will not count towards wagering restrictions if bonuses are used to place the bet.

3. If any bet is frozen or closed immediately after the patron’s request, but before the conclusion of the ‘Cash Out’, the ‘Cash Out’ will be blocked.

4. If the ‘Cash Out’ value has changed immediately after the patron’s request, but before the conclusion of the ‘Cash Out’, the ‘Cash Out’ will be blocked unless the patron opted for ‘accept all payout values’ in  their settings.

5. We reserve the right to withdraw or suspend ‘Cash Out’ offers without further notice.

6. We do not guarantee the availability of ‘Cash Out’ offers for any event or betting type at any time, even if it has been offered for the same event or betting type before.

7. We are not liable if ‘Cash Out’ is not available for technical or any other reasons. You should not place bets based on the assumption that ‘Cash Out’ will be available at any point in time for that bet.

8. If We accept a ‘Cash Out’ when the result of a bet has already been determined, We reserve the right to void the ‘Cash Out’ and reclaim associated funds. We also reserve the right to void and reclaim any ‘Cash Out’ if there is any indication of abuse of the ‘Cash Out’ feature.

9. The ‘Cash Out’ functionality is not available for bets placed as ‘Bonus Bets.’

Auto & Notify Cash Out Terms and Conditions

1. Auto Cash Out & Notify Cash Out are available on markets that have Cash Out enabled. For information on Cash Out, please see the Cash Out Terms & Conditions.

2. Where an Auto Cash Out request has been made and Cash Out is unavailable, and not made available again before the end of an event, bets will be settled based on the final result.

3. If Cash Out is actioned manually for a bet, any existing Auto Cash Out or Notify Cash Out requests relating to that bet will be automatically removed and no longer apply.

4. The availability of the Auto Cash Out & Notify Cash Out features cannot be guaranteed and is not offered on all bets.

5. We shall not be responsible if the Auto Cash Out or Notify Cash Out features are not available for technical reasons and bets will stand as originally placed during any such period.

6. When a bet is live, all Cash Outs are subject to a live betting delay. This can mean that the Auto Cash Out process can start when the stated value is reached, but if the value of the Cash Out falls below the set amount before the live bet delay is complete, the Auto Cash Out may not complete.

7. Please note that Auto Cash Out & Notify Cash Out are not guaranteed. In some circumstances, We may be unable to automatically cash out Your bet(s) or send notifications, despite this appearing to be possible on the relevant sections of the website/app.

8. Auto Cash Out is independent of Cash Out settings, meaning that Auto Cash Out will ignore any Cash Out Value Change settings that are in place in the account. This means that Auto Cash Out will only complete at or above the value stated by the patron for each bet.

9. We reserve the right to amend, suspend, or remove the Auto Cash Out and/or Notify Cash Out features at any time for any event, fixture, or market. Any bets placed on such events, fixtures, or markets prior to such amendment, suspension, or removal of the Auto Cash Out and/or Notify Cash Out functionality, shall stand as originally placed.

10. We reserve the right to reverse the settlement of a bet that has been settled using Auto Cash Out if the bet or a market is settled in error.

11. Notifications may be subject to delay, and We shall not be responsible for any delays in notifications being sent or received.

12. Cash Out values are subject to change and patrons should be aware that the Cash Out value available may be different to the Cash Out value stated in the notification.

Edit My Bet Terms and Conditions

1. Edit My Bet is available on selected events, fixtures, and markets both pre-match and live for a variety of sports.

2. When an Edit My Bet request is made, the current bet is subject to a Cash Out before the new bet with the edited changes is placed.

3. A bet delay may occur when validating an Edit My Bet request. If the price changes or a market is suspended during this time, the Edit My Bet request may not be successful.

4. Any settings already in place with regard to Cash Out value changes and/or betslip odds changes will continue to apply during the Edit My Bet process. Those settings can be amended within the ‘Betting Settings’ in Your player account.

5. Where any selection is suspended or closed after the patron’s request, and before the conclusion of the Edit My Bet process, the Edit My Bet will be unsuccessful.

6. If an Edit My Bet request is unsuccessful after the request is confirmed, the original bet may have been Cashed Out, which shall mean the Cash Out value of the original bet was returned to the player’s account in error. We will strive to return any such bets to the state they were in prior to the unsuccessful Edit My Bet request, provided that the bet has not yet been settled. We reserve the right to retrieve any funds which are incorrectly refunded to player account balances.

7. If the Edit My Bet request is successful, the new selected bet will be placed using either (a) the sum equal to the Cash Out of the original bet and, where applicable, (b) the increased/decreased stake selected during the Edit My Bet process. The bet details will be displayed within the “My Bets” section of the player account.

8. The Cash Out value is subject to change in line with the general market while the Edit My Bet process is ongoing.

9. Where a bet has been edited using Our Edit My Bet feature, the final stake on the last settled bet will be eligible to contribute towards a turnover requirement, provided that the selections meet the qualifying criteria. This means that the original stake placed on the original bet will be disregarded for turnover requirement purposes.

10. Using the Edit My Bet feature may impact the eligibility of Your bet for available promotions. It is the player’s responsibility to check the Terms and Conditions of each promotion before using the Edit My Bet feature.

11. The availability of the Edit My Bet feature cannot be guaranteed and is not offered on all bet types.

12. Where Edit My Bet is available pre-event and We do not cover the event live, the Edit My Bet feature will only be available before the event.

13. The Edit My Bet feature shall take into account all betting limits, which shall be calculated in the same manner as any standard bet. If the Edit My Bet functionality causes a bet limit to be met, the Edit My Bet request may be declined.

14. We shall not be responsible if the Edit My Bet feature is not available for technical reasons and bets shall stand as originally placed during any such period.

15. We reserve the right to accept or decline any bet/wager requested for any sport, competition, market, or bet type when attempting to use Edit My Bet.

16. We reserve the right to amend, suspend, or remove the Edit My Bet feature at any time for any event, fixture, or market. Any bets placed on such events, fixtures, or markets prior to such amendment, suspension, or removal of the Edit My Bet functionality, shall stand as originally placed.

17. We reserve the right to reverse the settlement of a bet that has been edited using Edit My Bet if the bet or a market is settled in error.

Bonus Bet Terms and Conditions

These Terms and Conditions apply to the specific promotional offers in Our sports betting and live betting line-up called and displayed as “Bonus Bet”. Click here to place a bet.

In addition to these Bonus Bet Terms and Conditions, Our General Terms of Service and Our Standard Promotional Terms and Conditions apply. In the event of any conflict or inconsistency between these Bonus Bet Terms and Conditions, the Standard Promotional Terms and Our General Terms of Service, these Bonus Bet Terms and Conditions shall prevail, followed by the Standard Promotional Terms and Conditions and then the General Terms of Service, but only to the extent necessary to resolve such conflict or inconsistency.

1. Where offered, a “Bonus Bet” entitles You to place a bet without prior deduction of the stake from Your account balance. The amount that is used for the calculation of the possible winnings of this bet (“Bonus Bet Value”) will be displayed as a “Stake”.

2. Bonus Bets can be subject to certain restrictions. For instance, they can be only valid for certain sports or leagues or for bets placed on specific devices. In such cases, the respective restriction will be displayed in the Bonus Bet overview.

3. If the selection in Your bet slip can be played with a Bonus Bet, the respective Bonus Bet will be offered to You automatically in Your bet slip. You can then play the selection as a Bonus Bet or use the Bonus Bet at a later point in time.

4. Available Bonus Bets are displayed on the website above the betslip. By clicking on this area, You can open the Bonus Bet overview, which lists all of Your Bonus Bets that can still be used.

5. Unless otherwise stated, Bonus Bets will only be available to real-money players, and You are required to make an initial deposit of at least $10 into Your account in order to participate.

6. Where a Bonus Bet is settled as “won,” You will be credited with Bonus Bet winnings which will be equal to the Bonus Bet value multiplied by the odds stated on the betslip minus the Bonus Bet value.

7. If a bet placed using a Bonus Bet is settled as ‘cancelled’, that Bonus Bet will be deemed invalid.

8. If a Bonus Bet is settled as a ‘dead heat’ (d/h) and the corresponding dead heat odds become < 1.0, no funds shall be deducted from You.

9. A Bonus Bet can be placed as one single bet or one multi-bet, but the Bonus Bet value cannot be split between various bet placements. Multiple single bets, Round Robin and bankers are excluded from Bonus Bets.

10. Where offered, a Bonus Bet can only be used once and within the time frame displayed on screen. If the validity time expires without the Bonus Bet being used, the Bonus Bet will become invalid.

11. A Bonus Bet can only be used for Our sports betting or live betting products. All other products are excluded.

12. Where there are specific conditions that apply for selected betting options, for example minimum odds, multi-bet restrictions, etc., these restrictions will also apply for Bonus Bets.

13. If the player’s betting limits are less than the Bonus Bet value, the Bonus Bet will have to be forfeited.

14. The company does not guarantee the availability of Bonus Bets on all devices and browser versions.

15. Bonus Bets are considered “bonuses” for the purposes of evaluating abuse and are subject to the Bonus Abuse requirements set forth in Section 9 of the Standard Promotional Terms and Conditions.

Sports Rewards - Sports Bonus - Terms and Conditions

1. Where offered, a “Sports Bonus” acts as a restricted cash bonus with wagering requirements. When You place a wager, both the stake + winnings will settle into Your account if Your bet wins.

1. Ex. If You receive a $50 sports bonus with a 2x wagering requirement, You must bet through $100 dollars (2x the $50 bonus) in order for the funds to become unrestricted and eligible for withdrawal.

2. Once wagering requirements are met, all funds won and staked are available for withdrawal in Your account.

3. Both the Bonus Dollars and the winnings associated with the promotion are restricted until You complete the wagering requirement. Bonus Dollars are wagered first, followed by the deposit amount. Upon completion of wagering requirements, any winnings will be credited to Your cash balance, and any subsequent wagers will be debited from the cash balance.

4. In order to cash out the remaining deposit amount prior to completing the wagering requirements, You must first opt out of the promotion.

5. Should You opt-out of this bonus, or the earn-out period expires prior to completing the wagering requirement, the Bonus Dollars and winnings derived from Bonus Dollars will be removed from Your account.

6. BetMGM reserves the right to change or cancel this promotion in its entirety, or exclude any individual or individuals from participation, if it determines at its sole discretion that there are any irregularities or abuses occurring in connection with the promotion.

Same Game Parlay(+) Terms & Conditions

1. Same Game Parlay (“SGP”) is a single bet combining multiple selections from the same event. All selections must win for a SGP to be settled as a winner. Same Game Parlay Plus (“SGP+”) is a parlay that includes at least one SGP and additional straight selections or additional SGPs from other events.

2. SGP and SGP+ are only available on selected sports, and patrons can only place a wager on these before the event starts. SGP and SGP+ are not available In-Play.

3. SGP and SGP+ are not eligible for Cash Out or Edit My Bet.

4. SGP cannot be combined with other SGP or other Parlay or Round Robin betting opportunities and will be placed as a straight only. SGP+ can be combined with other SGPs or straight selections from other events.

5. A minimum of two picks from a single game must be included in a SGP wager. BetMGM reserves the right to limit the maximum amount of picks from a single game.

6. If a pick within a SGP is cancelled, then the entire SGP will be cancelled. For example, if Your touchdown scorer pick does not take part in the game, the entire wager will be cancelled, regardless of the outcome of the other selections. If a straight selection or SGP within an SGP+ wager is cancelled, then the SGP+ wager odds will be re-calculated using the remaining legs.

7. BetMGM will not be responsible if the SGP or SGP+ features are not available for technical reasons.

8. BetMGM reserves the right to reverse the settlement of a SGP or SGP+ if any of the picks have been settled incorrectly.

9. BetMGM reserves the right to remove the SGP or SGP+ features for any patron or group of patrons where it has reasonable grounds to believe that the patron or group of patrons is misusing the features.

10. Any reference to ‘bet’ refers to the entire contents of a SGP or SGP+ bet slip. Any reference to a ‘selection’ is in reference to one selection within the related bet. A SGP or SGP+ bet is the combined bet compromised of all component selections.

11. For any obvious pricing errors, BetMGM reserves the right to cancel any bets placed at that incorrect price, whether those bets are open or have been settled. See the BetMGM House Rules for a full description of rights in the event of an Obvious Error.

12. BetMGM reserves the right to cancel any bets on events where the venue is changed after the publication of odds.

Odds Boost

1. If “Odds Boost” is offered, You will be entitled to increase the odds of a bet (“boost”). The increased odds and the resulting increased winnings will be displayed directly on the betslip.

2. Odds Boost may be subject to restrictions: for example, they may only be valid for certain sports or may only be used on certain devices. In such cases You will be informed of the restrictions in the Odds Boost overview.

3. As soon as the odds of the selected bet have been increased using Odds Boost, the original odds will be greyed out and the increased odds will be automatically displayed on the betslip. The resulting winnings (“Boost Winnings”) will also be displayed. You can then place Your selection with the Odds Boost or use the Odds Boost at a later date.

4. Available Odds Boosts will be displayed above the betslip (desktop) or directly in Your account (mobile device). You can access the rewards overview via the banner, in which all of the available rewards will be displayed.

5. If not otherwise stated, Odds Boosts are only available to real-money players. You must make an initial deposit of at least $10 into Your account in order to use an Odds Boost.

6. If a bet concluded with an Odds Boost is settled as “won,” the winnings and the “Boost Winnings” will be paid out in cash. Odds Boost winnings may only be used by “real-money players” to place subsequent bets. A new patron may only pay out potential winnings from an Odds Boost bet that won or use the winnings for other bets once they have achieved the status of a “real-money player” and have made a deposit and placed a real-money bet.

7. If a bet placed using an Odds Boost is settled as “cancelled” or “lost”, the Odds Boost will lose its validity and may not be used again for another bet. The same applies if a bet concluded using an Odds Boost is paid out or changed using the “Cash Out,” “Auto Cash Out,” or “Edit My Bet” features.

8. If a bet concluded with an “Odds Boost” settled as a dead heat (d/h) and the relevant dead heat odds drop below 1.00, the Odds Boost will lose its validity and the bet will be deemed “cancelled.”

9. An Odds Boost may be used for one (1) single bet or one (1) Parlay bet. The Odds Boost may not be spread across multiple bets. Multiple single bets, bets placed using the Same Game Parlay feature, system bets, and banker bets are excluded from use with Odds Boosts.

10. If an Odds Boost is offered, it may only be used once and only within the period displayed on the screen. If the validity period expires without the Odds Boost being used, the Odds Boost will become invalid.

11. An Odds Boost may only be used for Our sports betting and live betting products. All other products are excluded.

12. If special conditions (such as minimum odds, restrictions for Parlay bets, etc.) apply to specific betting options or promotions, these restrictions will also apply to Odds Boosts.

13. For promotions, bets which are concluded using an Odds Boost will count with the odds displayed before the boost, and not with the increased odds.

14. BetMGM cannot guarantee the availability of Odds Boosts on all devices and on all browsers.