Site Rules

WYNNBET MICHIGAN TERMS AND CONDITIONS

Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.

American Wagering, Inc. (“WynnBET”) is the operator of the WynnBET App for iOS and Android (the “App”) and the website found at wynnbet (the App and website collectively referred to as the “Site”). Your use of the Site and any of the services offered on the Site is subject to these Terms and Conditions (the “Terms”). Your use of the Site or the Services (as defined below) constitutes your binding acceptance of these Terms, including any modifications made to the Terms. If you do not agree to be bound by the Terms, you should exit the Services immediately. Please read these Terms carefully before using the Services.

If you or someone you know has a gambling problem and wants help, call the National Problem Gambling Helpline at 1-800-GAMBLER. You may also wish to visit the Michigan Gaming Control Board Compulsive/Problem Gambling website.

1. Introduction. WynnBET is authorized and regulated by the Michigan Gaming Control Board (“MGCB”) for the purposes of operating and offering real-money Internet-based or mobile application-based interactive gaming services (hereinafter referred to as the “Services”).

Use of the Site and Services is governed by these Terms, the Privacy Notice, the Additional Rules (as defined below), as well as any other terms of use of WynnBET applicable to the Services (collectively, the “Agreement”).

Your use of WynnBET’s Services is strictly subject to all additional rules that apply to the specific Services that you are using, including, but not limited to, the Responsible Gaming Policy and the terms and conditions of any promotion in which you participate (together the “Additional Rules”), as each may be updated from time to time. However, if there is a conflict between these Terms and any Additional Rules, then these Terms shall take precedence unless the other terms of use expressly provide otherwise.

2. Acceptance of the Terms. By visiting the Site, you agree to be bound by this Agreement, as it applies to the Site. By registering with WynnBET or by using WynnBET’s Services and/or by marking the “I have read and agree to the terms of the Agreement” box when you first registered (or any other similar wording), you agree to be bound by this Agreement, as it applies to the Services, in its entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between you and WynnBET, and this Agreement shall govern your use of the Site and the Services at all times.

IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY STOP USING THE SITE AND THE SERVICES AND REMOVE THE SOFTWARE FROM YOUR COMPUTER OR MOBILE DEVICE. BY REGISTERING WITH WYNNBET, BROWSING THE SITE, USING THE SOFTWARE, OR LOGGING ONTO THE SERVICES, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.

The Terms may be updated and modified by WynnBET from time to time without notice to you by posting revised Terms on the App and Site. You can review the most current version of the Terms at any time by visiting Terms and Conditions.

3. Access to the Services. WynnBET provides the information and functionality in the Site and the Services via mobile apps and a website interface (collectively, the “Software”), any of which requires an internet connection to access. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site or the Services. WynnBET reserves the right to deny access and/or registration to anyone at any time in its sole and absolute discretion.

In respect to your use of the Services, you may only have one account for which you will register using your own legal name. You shall access the Services only via your own account. You may never access the Services by means of another person’s account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Services by means of any other person’s account, WynnBET will be entitled to block your account pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and you being barred from future use of the Services. WynnBET reserves the right in its sole discretion and without providing any prior notice to you to:

· suspend, modify, remove, or add features to the Services in its sole discretion, subject to any statute, regulations, or direction from the MGCB, with immediate effect, and without notice;
· change or terminate all or any part of WynnBET’s Services; or
· restrict or terminate your access to all or any part of WynnBET’s Services

WynnBET shall not be liable for any loss suffered by you resulting from any changes made to the Services and you shall have no claims against WynnBET in such regard.

WynnBET does not charge any fees to access or use the Services. Any transaction fees or similar fees charged by third parties (such as payment processors) are not collected by WynnBET and are not at WynnBET’s discretion.

4. User Obligations. In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to WynnBET through the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted and you further agree that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if WynnBET has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, WynnBET has the right to refuse any and all current or future use of the Services (or any portion thereof).

5. Your Account and Password Security. Your account is for your sole personal use only and shall not be used for any professional, business, or commercial purpose.

Services users will be required to select a password and account designation upon completing registration to use the Services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify WynnBET immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password or account. WynnBET shall not be responsible for any third-party access to your account. Under no circumstances shall WynnBET be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account. All transactions where your username and password have been entered correctly will be regarded as valid, whether or not authorized by you.

If you do not access your account by ‘logging on’ using your account name and password, and either: (i) place a cash wager or bet; or (ii) make a deposit or withdrawal as applicable for any period of three consecutive years, your Account will be considered a “dormant account.” Once an account falls into “dormant account” status, any funds remaining on deposit and any pending wagers may be forfeited in accordance with applicable law.

6. Account Limitations. WynnBET reserves the right to limit or refuse any bet, stake, or other wager made by you or through your account. Monies held in your account shall not gain any monetary interest.

7. Compliance with Laws and Location Verification. Use of the Services is restricted to users who are physically located within the State of Michigan. You represent, warrant, and agree to ensure that your use of the Software and the Services will comply at all times with all applicable laws, statutes, and regulations.

You acknowledge and agree that you will be physically within the State of Michigan when placing any wagers using the Services and you will comply with WynnBET’s requirements in connection with verifying your physical location at time of play, including by use of your device’s current location. Location coordinates are gathered while the Services are in use, including without limitation, upon opening the Site and at regular intervals while continuing its use. Your data will be used only by WynnBET and by its third-party vendors and service providers and any other affiliated entity to provide the Services, or as otherwise permitted by law. If you do not wish to share your location, you will not be able to use the Services. You can control whether your location is shared with WynnBET through your device settings or by ceasing use of the Services.

If you use the Services, you consent to WynnBET and its third-party geolocation service provider transmitting, collecting, maintaining, processing, and using your location data in order to provide and improve location-based services.

WynnBET shall not be responsible for any illegal or unauthorized use of the Software or the Services by you. Please consult an attorney if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist WynnBET, to the extent you are able, with its compliance with applicable laws and regulations.

8. Permitted Uses of the Services. No one under the age of 21 years old (individuals 21 or older referred to herein as “Of Legal Age”) may download the Software or use the Services under any circumstances, and any person not Of Legal Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the State of Michigan. It may be a criminal offense to allow a person who is not Of Legal Age to participate in Internet or mobile casino gambling. Anyone who facilitates someone not Of Legal Age to use the Services may have committed a criminal offense and may be prohibited from using the Services. WynnBET reserves the right to request proof of age at any time to verify that persons not Of Legal Age are not using the Services. WynnBET may terminate a person’s account and exclude a person from using the Services if proof of age is not provided or if WynnBET suspects that a person using the Services is not Of Legal Age. Any initial deposits made by a player in such account shall be returned within 60 business days of cancellation, subject to MGCB approval. WynnBET reserves its discretion with respect to refund of any bonuses or winning funds provided to or gained by the player.

You hereby explicitly consent that WynnBET may verify your registration details, such as your name, physical address where you reside, your date of birth, your social security number, or your passport identification (for non US residents) to confirm your identity and that you are Of Legal Age. WynnBET reserves the right to verify that you are not currently self-excluded with WynnBET, the MGCB, or any program offered by a governmental agency. By requesting certain documents, WynnBET reserves the right to verify your information, including your email address and payment methods used, at any time. Requested documents may include, but are not limited to, (a) an identity card such as a valid driver license or passport, (b) proof of address such as a utility bill, and (c) proof of payment method, and can be sent to WynnBET by emailing [email protected] or using the upload functionality in the Site. In WynnBET’s sole discretion, WynnBET may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event WynnBET’s request for documents is not completed by you to WynnBET’s sole satisfaction, WynnBET will terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account shall be returned within seven business days of cancellation. WynnBET reserves its discretion with respect to the refund of any bonuses or winning funds provided to or gained by the player. Should the documents fail WynnBET’s internal security check (for example, if WynnBET suspects that the documents have been tampered with, or are in any way provided to mislead or misrepresent), WynnBET shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of its findings with regards to the documents.

By creating an account to use the Services, you explicitly consent to WynnBET performing background checks on you for any reason, including, but not limited to, any investigation into your identity, any credit checks performed, or any inquiries into your personal history. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of your registration details, such as name, address, and age; verification of your financial transactions; and verification of your gaming activity. WynnBET shall be under no obligation to inform you of such an investigation taking place. Such activities may include the use of specific third- party companies who perform the investigations as required. WynnBET may decide, in its sole discretion, to block your account, and withhold all funds, on the basis of such an investigation.

All employees, consultants, directors, officers, agents of WynnBET and its affiliated entities shall comply with employee policies of WynnBET and its affiliates and MGCB regulations prior to and during any use of Services. In accordance with MGCB regulations, the following persons in addition to those who are not Of Legal Age are prohibited from using the Services: (i) any employee of, or appointee to, the MGCB; (ii) employees of an internet gaming platform provider for WynnBET, except for a test account; (iii) employees and appointees of a tribal gaming regulatory agency with jurisdiction over internet gaming being operated under such tribe’s gaming ordinance and the Indian Gaming Regulatory Act, 25 USC 2701 to 2721; (iv) occupational licensees and applicants of WynnBET, except for a test account; (v) an individual not in an authorized location to make a wager; (vi) an individual who attempts to place a wager as an agent or proxy; (vii) an individual wagering in violation of state, tribal, or federal law; or (viii) any other prohibited persons as determined by the MGCB.

You have the right to set responsible gaming limits and to self-exclude from the Services as detailed in the Responsible Gaming Policy.

9. Your Representations. In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant, and agree that:

· You are Of Legal Age, as defined in this Agreement, of sound mind, and capable of taking responsibility for your own actions.
· All details provided by you to WynnBET, either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct, complete, and match the full name(s) on the payment card(s) or other payment accounts, including payment via the automatic clearing house (ACH online check transfers) or commonly referred to as “e-Checks,” to be used to deposit or receive funds in your account. You will promptly notify WynnBET of any changes to details previously provided by you to WynnBET. From time to time, you may be requested to provide WynnBET with certain documents to verify the details of the payment method used by you to deposit money to your account. Depending on the outcome of these verification checks, you may or may not be permitted to deposit further monies with the payment method previously used by you. Should any of the information that you provide to WynnBET be untrue, inaccurate, misleading, or otherwise incomplete, you will be in breach of this Agreement and WynnBET reserves the right to terminate your account immediately and/or prevent you from using the Software or the Services, in addition to any other action that WynnBET may choose to take.
· You shall ensure that funds deposited into your WynnBET account from a financial institution shall not be transferred out of the account to a different financial institution.
· WynnBET does not extend credit to any player for any reason for wagering or playing or any related activities on the Site.
· Your account with WynnBET is solely for your benefit. You shall not allow anyone (including a relative) to use your account, password, or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You shall not transfer any funds to any other player or account holder. You shall not reveal your account username or password to any person, and you shall take all steps to ensure that such details are not revealed to any person. You shall inform WynnBET immediately if you suspect that your account is being used by a third party and/or any third party has access to your account username or password so that WynnBET may investigate such matter, and you will cooperate with WynnBET, as WynnBET may request, in the course of such investigation.
· You are responsible for the security of your username and password on your own computer and any device on which the Software is or may be accessible including internet access location. If this username/password combination is “hacked” or compromised, due to any virus or malware that may be present on the device that you access your account with, this is solely your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to WynnBET. It is your responsibility to secure and configure your device to protect it from unauthorized use.
· You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction. You fully understand the methods, rules, and procedures of the Services and Internet or mobile casino gaming in general. You understand that it is your responsibility to ensure the details of bets and games are correct.

You will not commit any acts or display any conduct that damages the reputation of WynnBET.

· You are fully aware that there is a risk of losing money when betting or gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion, and risk. In relation to any loss, you shall have no claims whatsoever against WynnBET or any company within the same group of companies as WynnBET or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
· You acknowledge that by registering and using the Services you must provide WynnBET with certain personal details about yourself (including details regarding your methods of payment). WynnBET shall handle all information provided by you diligently and shall not disclose such information to third parties except as provided in the Privacy Notice. You should read the Privacy Notice to ensure that you agree with WynnBET’s policies in relation to how your information is handled.
· You agree to use the Site, Services, and Software in complete accordance with the terms and conditions of this Agreement, including the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
· You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings paid to you by WynnBET or any other related or affiliated entity, subject to applicable local, state, and/or federal tax regulations.
· You are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by you, WynnBET may not guarantee that the Software will recall your exact status prior to the disconnection event.
· You shall use the Services and the Software only in good faith towards both WynnBET and the other players using the Services. In the event that WynnBET deems you to have been using the Services or the Software in violation of any applicable law or to have caused direct or indirect harm or injury to WynnBET or any user of the Services, WynnBET shall have the right, subject to any applicable law, to terminate your account with the Services and any other accounts you may hold with WynnBET and WynnBET shall be entitled to retain all monies therein. You hereby expressly waive any future claims against WynnBET in such regard, subject to any applicable laws.
· You acknowledge and agree that should you choose to self-exclude, as provided for by regulation, from the Services operated by WynnBET or its affiliates, you will not be permitted to access your WynnBET account or to open or use a new WynnBET account or use the Services during your selected self-exclusion period. WynnBET will block any new account you open, refund any funds you may deposit (or have previously deposited) therein, and shall not be liable to refund you any funds you may have wagered or won through such account.
· You hereby grant WynnBET and the MGCB your consent to monitor and record your wagering communications and geographic location information at all times and you shall have no claims against WynnBET in such regard.

10. Transactions and Funds. Each user of the Services is fully responsible for paying all monies owed to WynnBET. You agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any deposit that you have made and you will reimburse WynnBET for any chargeback, denial, or reversal of deposits you make and any loss suffered by WynnBET as a consequence thereof. WynnBET may, at its sole discretion, cease to provide the Services or withhold payment to users who initiate chargebacks or to users making deposits with certain payment cards.

WynnBET reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions.

In the case of suspected or fraudulent payment, including use of stolen payment cards, or any other fraudulent activity (including any chargeback or other reversal of a payment or dispute or fraud relating to ACH/e-checks), WynnBET reserves the right to suspend or terminate your account, reverse any pay-out made and recover any winnings. WynnBET shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments.

However, under no circumstances shall WynnBET be liable for any unauthorized use of payment cards, irrespective of whether or not the payment cards were reported stolen.

All payments into your account must be from a permissible payment source, such as a credit card, debit card, charge card or ACH/e-check on which you are a named account holder.

In order to protect patrons and reduce the risk of fraudulent or illegal activity, withdrawal requests may be subject to a manual review process prior to disbursement. The review is normally completed within three hours following the request. However, certain factors, including the age of a patron’s account, the amount of wagering on the account, the deposit and withdrawal methods used, the size of the withdrawal, and the time of the request, may necessitate a longer review, up to forty-eight hours. Once approved and released by WynnBET, availability of the funds is dependent upon the patron’s withdrawal method and financial institution. Some withdrawal methods have their own additional processing delay, which varies and is not under WynnBET’s control.

11. Dispute Resolution. In relation to any and all game-related disputes between you and WynnBET, you accept and agree that the systems that determine game outcomes (e.g., the random number generator in a fully automatic electronic game, or the shuffle and deal of cards or ball drop in a live-dealer game), as they are recorded within WynnBET’s servers or the servers of any game suppliers (the “Official Record”), will be the definitive factor in the outcome of the dispute.

Where the result displayed on the Software conflicts with the Official Record, the Official Record shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Official Record shall be the final authority in determining your use of the Services and you shall have no right to dispute WynnBET’s decisions in regard to such matters.

Notwithstanding the foregoing, WynnBET will be under no obligation to consider any claims or disputes whether between you and another WynnBET patron or between you and WynnBET that are initiated more than six months after the date of the original transaction or event giving rise to the dispute. All claims or disputes should be raised with the customer support department at [email protected] In the event that you have exhausted all reasonable means in resolving a complaint or dispute that you may have in relation to the Services, you may utilize the MGCB’s Patron Complaint Process You hereby consent to the jurisdiction of the State of Michigan to resolve any disputes arising out of the Services or use of the Site.

12. Text Messages. By agreeing to these Terms, you expressly consent to the following additional conditions regarding being contacted via email or text message:

SPECIAL TERMS PROVIDING EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES

· You warrant and represent to WynnBET that you are either the account owner of any mobile or residential phone number you provide to WynnBET, or you have the express permission of the account holder to provide such number (“Provided Number”).
· You expressly consent that WynnBET or any of its agents may call any Provided Number or send text messages (SMS or MMS) to any Provided Number with account, marketing, and advertising messages, including using an automatic telephone dialing system or an artificial or prerecorded voice.
· You also understand that your consent to receive calls, email, and text messages is not a requirement for your use of the Site or Services. You may revoke your consent at any time by contacting WynnBET’s privacy team at [email protected] or updating your marketing preferences (requires login).
· You acknowledge that you must keep any Provided Number up to date and WynnBET is not responsible for any consequences of its inability to contact you at a Provided Number that is no longer valid. Such consequences might include, but are not limited to, missed opportunities to claim a prize from a promotion for which the terms and conditions specify that winners will be contacted by telephone.

13. Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site or Services, including but not limited to win/loss reports. You acknowledge that you may not rely on any content on the Site or Services, including but not limited to win/loss reports. WynnBET makes no representations or warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site or through Services and provides the information on the Site or through Services for reference only, including but not limited to win/loss reports.

All offers, invitations, discounts, promotional codes, packages, and pricing are subject to change at any time. The information on the Site or through Services may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to availability, which may be applicable to a wager. WynnBET shall not assume any responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor transactions or wagers affected by such inaccuracies. WynnBET reserves the right to make changes, corrections, cancellations, and improvements to the information on the Site or through Services, and to the products and programs included within the Services, at any time without notice, including after confirmation or settlement of a wager.

14. Disconnect Policy. WynnBET does not guarantee the availability of the Site or Services. WynnBET is not liable for the consequences of any network disconnection, delay, or unavailability, no matter the origin, location, or cause of such network problem

The following provisions apply in the case of player disconnection from the network server during gameplay:

(i) In the case where no player input is required to complete the game, the game shall produce the final outcome as determined by the game rules. The game outcome will be reflected in the game history available to the player.
(ii) In the case where player input is required to complete the game, the game shall not produce the final outcome until the player reconnects (the game will be “paused”). Upon the reconnection of the player to the network, the player will be returned to the game state immediately prior to the interruption and allowed to complete it. Any wager placed prior to disconnection from the network service will not be refunded, returned, or credited to player.
(iii) In casino games with live dealers, players are subject to an activity timer. If a player disconnects from the game, the activity timer will continue to count down to zero unless the player reconnects and performs a game-related action. When the timer reaches zero, the player’s hand will automatically be played according to the rules of the game. If possible, the hand will be played in a way that optimizes the player’s chance of winning, but in no case will the hand be automatically played in a way that would require any additional bets. If the player must make an additional bet to continue in the hand, then the hand will be folded. In blackjack, if the player can hit without a possibility of busting (player’s hand value is 11 or less), then the player’s hand will automatically hit. Otherwise, if the player would have the option to take no further action and continue without additional betting (e.g., standing in blackjack), then that will be done automatically.

15. Prohibited Uses.

Illegal Funds and Unlawful Activities: You warrant that the source of funds used by you for gambling on the Site is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S. federal laws or the laws of the State of Michigan, the regulations of the MGCB or any directives or instructions of the MGCB. If WynnBET has a suspicion that you may be engaging in, or have engaged in, fraudulent, unlawful, or improper activity, including, without limitation, money laundering activities or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and your account may be suspended. If your account is terminated or blocked in such circumstances, WynnBET is under no obligation to refund any funds that may be in your account, subject to approval of the MGCB. In addition to terminating your access to the Services and/or suspending your account, WynnBET reserves the right to prevent you from accessing any of WynnBET’s other websites or servers, or accessing any other services offered by WynnBET. WynnBET shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers, and other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent, or improper activity. Furthermore, you may be placed on the MGCB’s exclusion list. You agree to cooperate fully with WynnBET to investigate any such activity.

Circumvention: WynnBET has developed and employs sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access, or attempt to break into or access, or otherwise circumvent WynnBET’s security or geolocation measures. You may not engage in activity which, in WynnBET’s determination, is intended to reverse-engineer or explore the functionality of WynnBET’s security measures or geolocation technology. If WynnBET believes, in its sole discretion, that you are in breach of this clause, WynnBET may terminate your access to the Services immediately and suspend or block your account, pending investigation, and notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and you being barred from future use of the Services. WynnBET reserves the right to inform Interested Third Parties of your breach. If your account is suspended or blocked in such circumstances, WynnBET is under no obligation to refund any of the funds that may be in your account, with such funds being forfeited, subject to MGCB approval. In addition to terminating your access to the Services and/or blocking your account, WynnBET reserves the right to prevent you from accessing any of WynnBET’s other websites or servers, or accessing any other properties or services offered by WynnBET.

Artificial Intelligence, Robots, and Automation: The use of any automated tool designed to provide assistance in betting actions or decisions or used in any way in connection with your use of the Services is strictly prohibited. The use of software, external devices, programs, or applications is strictly prohibited, including without limitation, the use of pattern recognition software, artificial intelligence software, task automation systems, browser automation tools, headless browsers, and any tool intended to “cheat,” “hack,” or otherwise manipulate the odds of the Services (collectively, “Prohibited Tools”). WynnBET constantly reviews the use of the Services in order to detect the use of Prohibited Tools and in the event that WynnBET determines, in its sole discretion, that any user has engaged in the use of any Prohibited Tool, WynnBET reserves the right to take any action WynnBET deems fit, including immediately blocking access to the Services to the offending user and terminating such user’s account. If your account is terminated or blocked in such circumstances, WynnBET is under no obligation to refund any of the funds that may be in your account, and such funds may be forfeited, subject to MGBC approval. In addition to terminating your access to the Services and/or blocking your account, WynnBET reserves the right to prevent you from accessing any of WynnBET’s other websites or servers or accessing any other properties or services offered by WynnBET. Account Sharing and Proxy Betting: Your account is solely for your own personal use and the sharing of your account with any other person, including friends and family members, is strictly prohibited. You may not permit any other person to log into your account to make a deposit or withdrawal, to place a wager, or for any other purpose. You may not use your account to place a wager as an agent or proxy or otherwise on behalf of any other person or entity. You may not accept funds from any party for the purpose of wagering on your account with the understanding that the winnings will be remitted to or shared with that party or any other party. You may not enter into any agreement with any third party to create or use a WynnBET account for any purpose.

Prohibited Persons: You acknowledge that WynnBET is a United States company and operates licensed gaming establishments. As such, WynnBET: (i) is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or individuals whose names are published on lists of suspected terrorists and drug traffickers maintained by the United States Department of Treasury and (ii) must exclude or eject any “excluded persons” that are listed on the MGCB “List of Excluded Persons.” You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to use any WynnBET Services.

Voluntary Self-Exclusion (State of Michigan): Persons who have executed and submitted a request for voluntary self- exclusion from Internet or mobile casino gambling or sports betting (“Voluntary Self-Exclusion”) through the MGCB, through either the MGCB Internet Gaming Self-Exclusion Program or the Michigan Disassociated Person List, may not use the Service. Creating a WynnBET account does not rescind your Voluntary Self-Exclusion. Rescission of a Voluntary Self-Exclusion is governed by the terms and conditions set forth by the MGCB. Voluntary Self-Exclusion or Limitation (WynnBET): You may also voluntarily self-exclude from WynnBET’s services or set responsible gaming limits, as detailed in the Responsible Gaming Policy.

Patron Collusion: If WynnBET has reason to suspect that an account or group of accounts are operating systematically – for example employing specific wagering techniques or wagering as a group, WynnBET shall have the right to block or terminate all accounts and in such circumstances, WynnBET shall be under no obligation to refund you any funds that may be in your account, with such funds being forfeited, subject to MGCB approval.

16. Third Party Websites. The material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. WynnBET providing links to these sites should not be interpreted as endorsement or approval by WynnBET of the organizations sponsoring these sites or their products or services. WynnBET makes no representations or warranties, express or implied, with respect to the information provided on any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness, or availability. Because WynnBET has no control over third-party websites and resources, you acknowledge and agree that WynnBET is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that WynnBET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

17. Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, patent, or other proprietary rights and laws. Except as expressly authorized by WynnBET or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or Software or their underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by WynnBET are subject to the copyright of WynnBET. All rights are reserved. You agree that all of WynnBET’s trademarks, trade names, service marks, logos, and service names are trademarks and are property of WynnBET (the “WynnBET Marks”). You agree not to display or use in any manner the WynnBET Marks, without the express prior written permission of WynnBET.

18. No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Software or Site, use of the Software or Site, or access to the Site or Services.

19. Limits on Liability. You are free to choose whether to use the Services and do so at your sole option, discretion, and risk. You acknowledge and agree that WynnBET, its affiliated companies, any third-party service provider, and its third-party licensors will not be liable in contract, tort, negligence, or otherwise for:

· the contents of any communication, message, or information posted by you or other third parties;
· the content of any website not controlled, owned, or operated by WynnBET that is accessed from or linked to the Site or the Services;
· the content, services, or information provided by any website purporting to be operated by WynnBET or its affiliates, but not actually affiliated with, controlled, owned, or operated by WynnBET;
· any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure; or
· any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if WynnBET has been advised of the possibility of such damages. WynnBET will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services.

WynnBET, its affiliates, and its third-party licensors will not be responsible for any loss, including loss of winnings, that may result from any error, misconfiguration, malfunction, interruption, delay in operation or transmission, computer virus, line failure, or other technological defect in the Site, the Software, or any Internet or other network connection (collectively, “System Errors”) . If any System Error results in an apparent increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform WynnBET of any System Error and shall repay to WynnBET any winnings credited to your account as a result of a System Error, as directed by WynnBET. If available, WynnBET may, in its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by WynnBET, as permitted under MGCB regulations. Any wager or payout affected by a System Error will be void or, if possible, may be adjusted and resettled to reflect the outcome that would have been expected in the absence of such System Error, at WynnBET’s sole discretion.

Nothing in this Agreement will operate so as to exclude any liability of WynnBET for fraud, death, or personal injury that is caused by WynnBET’s gross negligence or intentional wrongdoing.

20. Indemnification. You agree to indemnify, defend, and hold WynnBET, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, or your infringement of any intellectual property or other right of any other person or entity.

21. Enforcement. WynnBET does not assume responsibility to you or others for any failure by WynnBET to enforce the provisions contained in the Terms.

22. Termination. You agree that WynnBET, in its sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if WynnBET believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, WynnBET may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that WynnBET may immediately bar any further access to the Site. Further, you agree that WynnBET shall not be liable to you or any third party for any termination of your access to the Site.

23. General Acknowledgments. You acknowledge that WynnBET may establish general practices and limits concerning your use of the Site. You agree that WynnBET has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms does not guarantee you any material benefits. WynnBET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that WynnBET shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. You further acknowledge that WynnBET reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

24. Privacy. The terms and conditions of WynnBET’s Privacy Notice are incorporated herein by reference. In the event of a conflict between these Terms and the Privacy Notice, these Terms shall govern.

25. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

· YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, SOFTWARE, AND ASSOCIATED INFORMATION AND MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICES, SOFTWARE, AND ASSOCIATED INFORMATION AND MATERIAL, WYNNBET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES 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 SERVICES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WYNNBET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SERVICES USE OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE CAUSED BY SUCH FACTORS.
· WYNNBET MAKES NO WARRANTY THAT (i) THE SERVICES, SOFTWARE, AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS; (ii) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE; (iv) ANY ERRORS IN THE SERVICES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (v) THE SERVICES, THEIR CONTENTS, AND THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
· ANY SOFTWARE, MATERIAL, INFORMATION, PRODUCTS, OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
· NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYNNBET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
· IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
· WHEN ACCESSING THE SERVICES FROM MICHIGAN, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICES; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE WYNNBET AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST WYNNBET FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF WYNNBET AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
· WYNNBET SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SERVICES.

26. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

27. Notice and Procedure for Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), WynnBET reserves the right, but not the obligation, to terminate your right to use the Site and the Services if WynnBET determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. WynnBET accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, WynnBET has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. The designated agent of WynnBET to receive notification of claimed infringement is:

American Wagering, Inc.
One Caesars Palace Drive
Las Vegas, NV 89109

Attention: Office of the General Counsel

WynnBET respects the intellectual property of others, and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

28. Governing Law. You and WynnBET agree that the Agreement, including without limitation, the Privacy Notice and Additional Rules, and the relationship between you and WynnBET shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of laws analysis. You and WynnBET hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Wayne County, Michigan or the United States District Court for the Eastern District of Michigan for purposes of all legal proceedings arising out of or relating to the Agreement and agree not to commence any legal proceedings related thereto except in such court. You and WynnBET irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

Notwithstanding anything contained herein, the Services are provided in accordance with the Lawful Internet Gaming Act, the Regulations of the MGCB, and WynnBET’s Internal Controls.

29. Waiver. WynnBET’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WynnBET in writing.

30. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.

31. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

32. Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

33. Support. If you have any questions or concerns about the Services, the Terms, or the Privacy Notice, please contact WynnBET Customer Support at [email protected].

34. Patron Protection. Information about WynnBET’s efforts to keep its patrons safe can be found on the Patron Protection page.

Effective Date: June 18, 2024