Terms of Service
TERMS OF SERVICE
BORGATA HOTEL CASINO & SPA – Online Gaming Services
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, 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). WE WILL NOT RETAIN OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUT BELOW). BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS (AS THAT TERM IS HEREINAFTER DEFINED) WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS AND CONDITIONS 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 SIGNING THESE TERMS AND CONDITIONS OR ACCESSING OR USING THE SERVICES.
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You use the Services, a legally binding agreement on these terms and conditions is entered into between, (a) You, the end user ('You' or ‘Your’ as applicable) and (b) Marina District Development Company, LLC d/b/a Borgata Hotel Casino & Spa, located at 1 Borgata Way, Atlantic City, NJ 08401 (‘Borgata’, 'We', 'Us' or 'Our' as appropriate).
These Agreements govern the use of the Services in New Jersey. These Agreements are separate and distinct from the policies that govern the online gaming services offered by MGM Resorts International in other jurisdictions, including the State of Nevada.
The Services currently operate under and pursuant to the Internet Gaming Permit issued to Marina District Development Company, LLC by the New Jersey Division of Gaming Enforcement pursuant to and in accordance with the Casino Control Act (the ‘Act’), N.J.S.A. 5:12-95.21. Borgata is authorized to conduct Internet Gaming in the State of New Jersey pursuant to the Act under a license issued to Marina District Development Company, LLC (NJIP 15-001). These Agreements are at all times subject to the authority of the New Jersey Division of Gaming Enforcement.
These Agreements apply to Borgata’s (1) New Jersey online gaming websites: BorgataPoker.com and BorgataCasino.com; and (2) the New Jersey online mobile gaming apps: BorgataPoker.com and BorgataCasino.com, and (3) 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 in the first instance contact Us in accordance with Section 28 below.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
1. APPLICABILITY OF AGREEMENTS
By using the Services and/or by acknowledging that You have read these Agreements when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You install any of the software relating to the Services provided via the Platforms 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 19 and Section 20 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 later be able to cancel Your registration, although You can terminate these Agreements and close Your Account in accordance with Section 20 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 New Jersey. You confirm that You are not accessing the Services from a state or foreign jurisdiction outside of New Jersey 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 ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. You 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.
2.2 Federal Law prohibits and 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 (‘UIEGA’)). It is a Federal offense for persons physically located outside of New Jersey to engage in Internet wagering through a New Jersey casino.
3.1. To use the Services, You will first need to register for 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.
3.2. You can open an account with Us by choosing a unique account name and 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, email, gender, birth date and telephone number (an 'Account').
3.4. There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in U.S. dollars and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.
3.6. To play Real Money Games or place a bet, You will be required to pay 'real money' funds into Your Account by any of the following methods : (i) a deposit account; (ii) a credit or debit card, which has been registered and verified pursuant to the requirements of the issuer; (iii); a reloadable prepaid card, which has been verified as being issued to You and is non-transferable; (iv) cash complimentaries, promotional credits, or bonus credits; (v) winnings during a gaming session; (vi) adjustments made by the licensee with documented notification to You; (vii) any other means approved by the New Jersey Division of Gaming Enforcement.
Such funds will be deposited into Your Account upon actual receipt of funds by Us and/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. For further details of current deposit and cash out options and fees, please see Cashier.
Except for such lower limits as may be set forth in the specific terms applicable to certain products, You agree that You may not engage in transactions amounting to more than $10,000 per day (taking into account both deposits and withdrawals from Your account), which applies to both electronic transfers and transfers conducted through the cage in person. In the event that You violate this provision, We may suspend or terminate Your account (in Our sole and absolute discretion) and may refund or refuse to refund any monies contained in Your account in Our sole and absolute discretion.
3.7. 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 and in the same currency with which deposits were made. When using credit/debit card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
3.8. To use certain Services, You may first need to download and install software as provided on the relevant Platform.
3.9 Account statements are available to You, which detail Your account activity.
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 credit 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/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. You consent to have Your age and identity verified by Us, and You acknowledge verifications associated with Internet or mobile gaming may result in a negative impact on Your credit report. Failure to supply such documentation may result in suspension of the Account. You may not hold more than one (1) Account in connection with Your use any Platform. We reserve the right to close Your Account(s) if You open multiple Accounts. Should 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. If You have lost Your Account name or password, please contact Us for a replacement.
5. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT
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 other than as required in the course of their employment: (i) any person prohibited from gaming pursuant to N.J.S.A. 5:12-100n, including but not limited to those casino key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State, (ii) an employee of a supplier or vendor of Borgata or bwin.party (Borgata and bwin.party collectively referred to as the ‘Group’), (iv) any individuals who have been banned from gaming activities at any MGM Resorts International 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 New Jersey or any state, (v) “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, (vi) persons who are under the age of 21, and (vii) 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. In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fair and balanced game play environment.
6.2. We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a “Change”) in Our sole discretion with immediate effect and without notice, so long as such 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 customers 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 34.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 19 of these terms and conditions.
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 Your use of certain of the Services, Platforms or any games on our Platforms from time to time for any reason or no reason.
6.6. No communications or information published on the Services is intended to constitute legal 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 unless otherwise specified.
6.8. Your use of the Services (including, for the avoidance of doubt, any intellectual property and/ 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 a single computer 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: (i) you are 21 years of age or older; (ii) you are a legal resident of the United States, (iii) you are physically located in the state of New Jersey; (iv) all details provided by You to Us to setup Your Account or otherwise participate in the Services are true, current, correct and complete; and (v) You consent to the monitoring and recording by Us and/or the Division of Gaming Enforcement of any wagering communications and geographic location information.
6.10. In order to use the New Jersey wagering feature of the Services, you must be physically located in the State of New Jersey 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 in person at the Borgata Hotel Casino & Spa or through other means, and we may terminate your access to the Services if you fail to do so.
7. COPYRIGHT AND TRADEMARKS
The terms Borgata, MGM Resorts International, MGM, M life Rewards, and any other marks used by Us are the trademarks, service marks and/or trade names of the Group, one of its subsidiaries or associated companies, and/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 Group, one of its subsidiaries or associated group companies, and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.
8. ELECTRONIC SERVICES PROVIDER
In order to use the Services, You will be required to send money to, 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 then 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 have no responsibility 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.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be 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 in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
10. CASH OUTS
10.1. Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or 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 cash out request is subject to any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 18 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 cashing out. For further details of current deposit and cash out options and fees please see Cashier.
10.3. We may report and withhold any amount from Your winnings in order to comply with any applicable law. 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 check, wire, credit card and/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.
10.4. Payments will be made as soon as reasonably possible (subject to up to five business days internal processing time), although there may be delays due to any Security Review (see Section 18 below) undertaken by Us and save where We 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 furnished correctly identify You as the recipient of any jackpot payments and any payments from identical wagers, and that no other person is entitled to any part of these payments. You acknowledge the Form W2G may be issued by Us by January 31 following the year of the payment. By accepting these Agreements, You acknowledge that any casino winnings/jackpots of one thousand two hundred US dollars ($1200) or more, or poker tournament winnings of more than $5,000, that You win by using the Services are subject to the IRS regulations and You permit Your acceptance of these Agreements to serve as an electronic signature and to suffice any acceptance and signature on any tax documents incurred during the internet gaming activity.
10.5. Your acceptance of these Agreements serves as acknowledgement that the Form 1099-Misc may be issued by Us by January 31 following the year of the receipt of a prize consisting of cash or merchandise for which a 12 month accumulated value of six hundred US dollars ($600) or more won by using the Services are subject to the IRS regulations.
11. INACTIVE AND DORMANT ACCOUNTS
11.1. If You do not access Your Account by 'logging on' to Your Account using Your Account name and password and either (i) place a cash wager or bet via the Services, or (ii) enter a tournament with a cash entry fee via the Services, or (iii) play a raked hand via the Services, or (iv) make a deposit as applicable, for any consecutive period of 180 days, then after those 180 days (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive'.
11.2. If Your Account is Inactive for a period of one year, Your Account is considered a Dormant Account by the New Jersey Division of Gaming Enforcement and any funds remaining in your account are subject to forfeiture by the State of New Jersey. Logging into your account and entering a tournament or playing a raked hand or making a real money wager or making a deposit or withdrawal are considered transactions and will make Your Account Active.
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 Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or 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 sole 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 such other action as may be reasonably required by Us to ensure compliance.
13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
The Account name and password selected when You register for an Account 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 secret and confidential and not to allow anyone else to use it. As an authorized player, You are prohibited from allowing any other person access to or use of Your interactive 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 shall not be required to maintain Account names or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement. 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
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 and/or the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen credit 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 failed to be honored by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections 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 Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Standard Player Points gained by any person or group of persons where 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 and/or the Group and/or the Services and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table 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 customers to offer or promote any offers, products or services.
15. LIMITED LICENSE
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 a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only 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 or other device of which You are the primary user. The Software is the valuable intellectual property of the Group and/or its associated companies and/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 and/or this Agreement (together the ‘Prohibited Activities’).
You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify Us immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide Us with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
16. LOCATION SERVICES
16.1 Real-money gaming on the Platforms is restricted by the New Jersey Division of Gaming Enforcement to users who are physically located within the state of New Jersey. To confirm Your desktop/laptop location, we use a third-party method using 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 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. 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.
16.2 By registering to use the Services, you consent to the monitoring and recording by us (or our service providers) and/or by the New Jersey Division of Gaming Enforcement of any wagering communications and geographic location information for the purpose of determining compliance with the Act.
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, or any currency conversion as applicable, ('Error') We will seek 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 19 (Forfeiture & Account Closure) of these Terms and Conditions.
18. SECURITY REVIEW
To maintain a high level of security and integrity in the system, 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 Group and 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 such information or documentation as We, in Our unfettered discretion, may request.
19. FORFEITURE & ACCOUNT CLOSURE
19.1. WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE 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 SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
19.1.1. You are in material breach of any of these Agreements;
19.1.2. 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 (including without limitation, any manipulation of the multi-currency facilities);
19.1.3. We become aware that You have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
19.1.4. You have 'charged back' or denied any of the purchases or deposits that You made to Your Account;
19.1.5. You become bankrupt or analogous proceedings occur anywhere in the world; or
19.1.6. Upon instruction of the appropriate law enforcement agency or regulatory body.
20.1. 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 sending a letter or email or telephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.
20.2. We take Responsible Gaming seriously. If You would like to close Your Account for responsible gaming reasons please visit the New Jersey Division of Gaming Enforcement’s self-exclusion website.
20.3. Without limitation to section 19, We are entitled to terminate these Agreements on seven (7) days’ notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 19, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 19, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
20.4. 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.
20.5. The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 2, 7, 8, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, and 32, along with any other Sections which are required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS 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 GROUP) INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.
22.1. You may suspend Your Account for a period of time as chosen by You, provided the suspended Account does not remain inactive for a period of one year which would result in Your Account being a Dormant Account and any funds remaining on deposit being forfeited in compliance with Section 11.2.
22. 2 You may set daily limits or have Your name placed on the Internet self-exclusion list by submitting a request for self-exclusion. The minimum time-out period is 72 hours.
22.3 If You request placement on the self‐exclusion list, You shall deliver, in person, a completed request for self‐exclusion to either the Identification Unit of the Division located at the Arcade Building, Tennessee Avenue and the Boardwalk, in Atlantic City, or to the Trenton office of the Division of Gaming Enforcement located at 140 East Front Street.
22.4 If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the self-exclusion period You have selected.
23. LIMITATIONS AND EXCLUSIONS
23.1. 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.
23.2. 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 17, 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.
23.3. THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, 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.
23.4. THE 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 THE US OR YOUR ONLINE GAMING ACCOUNT, OR PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.
23.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
23.6. NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.
23.7. NEITHER WE NOR OUR 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.
23.8. 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.
You agree to indemnify, defend and hold Us, Our Group, and our and their respective 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 Software or the Services, your connection to the Platforms or the Services, your violation of the Agreements, or your infringement of any intellectual property or other right of any other person or entity.
25. NO ARRANGEMENTS FOR PROHIBITED PERSONS/EXCLUDED PERSONS
You acknowledge that We are a United States company and operate a licensed New Jersey gaming establishment. As such, We are: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on the "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to use the Services or the Software.
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 Platforms 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 or reliance on any such content, information, goods, or services available on or through any such site or resource.
If You have any complaints, claims or disputes with regard to any alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event, or the manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted regarding 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 or dispute refers. Complaints may be submitted by email to firstname.lastname@example.org. You may also submit notices to Us in writing to: Customer Services Manager, Borgata Poker/Casino, 820 Bear Tavern Road, Trenton, New Jersey, NJ 08628, USA. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.
To the extent that You are not satisfied with Our response You may contact:
the New Jersey Division of Gaming Enforcement at http://www.nj.gov/oag/ge/index.html.
29. GOVERNING LAW
These Agreements shall be governed by and construed in accordance with the laws of New Jersey. You irrevocably agree to submit to the exclusive jurisdiction of the courts of New Jersey for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
Excluding those disputes identified in Section 28 above and internet gaming disputes which are subject to the New Jersey Division of Gaming Enforcement’s dispute process under N.J.A.C. 13:69O-1.2r, (i.e., any dispute, claim or controversy relating to an individual’s alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event, or the manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted), any claims or controversy arising out of or relating to the Agreements, including the determination of the scope or applicability of the Agreements and Our use of electronic services providers, shall be determined by arbitration in Atlantic County, New Jersey before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any New Jersey state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the Laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rules that would cause the application of the Laws of any jurisdiction other than the State of New Jersey. The award of the arbitrator(s) shall be binding and final on all parties. Judgment on the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to reasonable attorneys’ fees and expenses. The arbitrators may not award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. If any part of the Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. No waiver of any breach or default of the Agreements shall be deemed to be a waiver of any preceding or subsequent breach or default.
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 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 and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or sending You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or such thirty (30) day period following publication, as the case may be, will be deemed binding acceptance of the modification. For material changes to the Agreements, You will be required to acknowledge acceptance of such changes. For changes deemed non-material and approved by the New Jersey Division of Gaming Enforcement, an acknowledgment is not required, and your continued access or use of the services following any amendments to the agreements constitutes your acceptance of the agreements as amended. It is your sole responsibility to review the Agreements and any revisions thereto each time You use the Services.
33. ADDITIONAL TERMS FOR USE OF SERVICES
34.1. The following additional terms apply to Your use of the Services. Please note that in the event of any conflict between this Section 34 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.
34.2. Play Money and Real Money Games
By registering for the Services You will be able to access (through the Software (as defined below)) 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, save in respect to any cost You may incur to access the Services, 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 and/or add any Gaming Service in its sole discretion with immediate effect and without notice and We will not be liable for any such action.
34.3. Rules and Procedures of the Services
You must use the Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service. You are using those specifically set out in the BORGATACASINO.COM and BORGATAPOKER.COM online sites, including but not limited to the Promotions section, the How to Play section, and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').
34.4. 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 artificial intelligence to 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) and You agree not to use any AI Software and/or any such programs. Go to Our Unfair Advantage Policy.
34.5. 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 and conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on 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 if the same is used.
34.6. Play Money and Real Money Account Funding
'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.
34.7. 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 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 Services, the activity resulting therefrom and the circumstances in which such activity occurred.
34.8. Progressive Jackpot Information
Each progressive jackpot is reset to its individual base value after any player hits that particular jackpot. The reset value of the jackpots are:
- TheBigOne Blitz Cash Jackpot: $40
- TheBigOne Quick Cash Jackpot: $200
- TheBigOne Super Cash Jackpot: $750
- TheBigOne Mega Cash Jackpot: $10,000
- TheBigOne Colossal Cash Jackpot: $125,000
- Ca$hFla$h Jackpot: $1,000
35. Membership of Our VIP Program
We may offer, withdraw, revoke and/ or amend the terms of any membership of Our VIP program at any time. For the avoidance of doubt, membership of Our VIP program is at Our sole discretion and Your status as a member of Our VIP program may be altered by Us at any time.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE 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.
Modified June 7, 2017.