TERMS AND CONDITIONS FOR
CONSENT TO ELECTRONIC DELIVERY OF
IRS INFORMATION TAX RETURNS FOR GAMBLING WINNINGS

The Terms of Service of this end user agreement (this “Agreement”) has last been updated on [November 15, 2023].

Please read this Agreement carefully to make sure you fully understand its content.
Your use of this WinStar Reel Money Gaming mobile application and any services or content offered through the mobile application means you accept the following terms of service of this Agreement, which is a legally binding contract between You (“you”, “Patron”, “Player”, ”your”, ”user”) and the WinStar World Casino & Resort (“WinStar”, “we” or “us” or “our”) with respect to your use of this operation is inclusive of the online casino accessed through the mobile application including any services and content offered through or is associated with this operation means that you accept the following terms of service (the “Agreement”), which forms a legally binding contract between you and WinStar World Casino & Resort, owned and operated by the Chickasaw Nation (“Nation”), a federally recognized sovereign and self-governing American Indian tribe, by and through its Department of Commerce. Unless referred to specifically otherwise, reference to WinStar throughout will include its Providers (defined below).
If you have doubts about your rights and obligations, please consult with an attorney before using this mobile application.

By checking the “I accept these Terms of Service” and “I am 18 years or older”, you agree to the terms set as set forth in this Agreement, the use of electronic communications to enter into contracts and waive any rights or requirements under the applicable laws or regulations in any jurisdiction that require an original signature to the extent that it is permitted under applicable law.
If you do not agree with any of the terms and conditions of this Agreement, do not click “I accept these Terms of Service”, do not complete the account registration process, and delete the App or use of the software and services on the website.

General

  1. WinStar Reel Money Gaming is owned and operated by the Chickasaw Nation, a federally recognized sovereign and self-governing American Indian tribe, by and through its Department of  Commerce, with offices at 2020 Lonnie Abbott Boulevard, Ada, Oklahoma 74820 and operates the  WinStar Reel Money Gaming (the “App”or “Service”). We are licensed and authorized by the  Chickasaw Nation Office of Gaming Commission (“CNOGC”) for wagering within the boundaries physically located on tribal lands of the Chickasaw Nation’s Indian Lands within the State of Oklahoma,  as the term “Indian Lands” is defined by the Indian Gaming Regulatory Act (Pub.L. 100– 497, 25 U.S.C. § 2701 et seq.) to offer real money internet casino gambling through the App.  
  2. This Agreement is between you and WinStar Reel Money Gaming as it pertains to the use of the App. This includes but is not limited to, any content or services offered through, or in association with, the App, such as online casino games and any download software required by us to allow you to access such games (the “Agreement”).
  3. By accepting the Terms of Service, you agree to be bound by the terms of our Privacy Policy,  the Terms & Conditions for Consent to Electronic Delivery of IRS Information Tax Returns for  Gambling Winnings, the Responsible Gaming Policy and Code of Conduct. In the event of any conflict between the terms of this Agreement or any terms or rules from the policies referenced above, the terms of this Agreement shall preside.
  4. We may, at our sole discretion, add, modify, suspend or remove any part of the Agreement,  subject to any regulations, with immediate effect and without notice. In no event shall WinStar Reel  Money Gaming be liable for any loss resulting from any changes made and you shall have no claims against us in such regard.  
  5. Please carefully read these Terms of Service and ensure that you fully understand them.  If you do not agree to these terms, you should immediately stop using this App including the content or services offered through, or in association with this operation.
  6. The Platform, which comprises the App as well as other WinStar Reel Money Gaming applications (the “Platform”), is operated by WinStar Reel Money Gaming and provided by Aristocrat  Technologies, Inc., GeoComply Solutions, Inc., and Everi Payments, Inc. (collectively Providers).  WinStar Reel Money Gaming has contracted with such Provider(s) to provide such services,  accordingly, all Providers are licensed and regulated by the applicable Regulators. The use of the  Platform is subject to all applicable state and federal laws and regulations. 

Definitions

The following defined terms shall have the following meanings unless indicated otherwise:   

  1. Bonus Money or Bonus Dollars – Restricted currency as defined in the specified Bonus Terms  & Conditions Policy.  
  2. Cash – Unrestricted money a Patron may use to place a wager or withdraw from their account.   
  3. Casino Games – The third-party and/or proprietary wagering games, electronic versions of table games such as roulette, blackjack and craps as well as slot machines played for Cash or constrained currency (such as Bonus Money) via the App. 
  4. Gaming Lobby – The section on the App which lists or displays graphics for the individual online casino games. 
  5. Malfunction – An error in the functioning of a Game or the apps or platform, such as, but not limited to, an error in the published odds or pay tables, or a Game not working in accordance with its published rules. 
  6. Patron Account or Account – A wagering account opened by you and maintained by us containing personal and historical information, including your wagering and financial activity associated with your account. 
  7. Platform – the WinStar Reel Money Gaming mobile app. 
  8. Progressive Jackpot – A jackpot for a game where the payout is determined incrementally and increased each time a cash wager is placed with the Game. 
  9. Territory – Geographical area within the boundaries physically located on tribal lands of the  Chickasaw Nation’s Indian Lands within the State of Oklahoma, as the term “Indian Lands” is defined by the Indian Gaming Regulatory Act (Pub.L. 100–497, 25 U.S.C. § 2701 et seq.).  
  10. Wager – The use of cash or Bonus Money by a Patron when placing a bet.
  11. You, Patron, Player or Participant – The individual creating and using that account via the  Platform to play the Casino Games in the Gaming Lobby through the App.

Eligibility

  1. You cannot use any aspect of the Platform, including but not limited to the Casino Games on the App, if you are:
    • Not of the legal age of 18 years or older to wager. 
    • Not physically located in the Territory. 
    • Intending to breach the laws applicable to you by participating in any game, tournament,  contest or wager. 
    • Prohibited from participating in online wagering under any applicable law or regulation applicable to you or the Platform. 
    • Present on any State Gambling exclusion lists. 
  2. While accessing the Platform, it is a criminal offence to play online Casino Games if you are not of legal age to wager, or to allow anyone not of legal age to participate in online, internet or mobile wagering. We reserve the right to:
    • (a) request proof of age or identity at any stage to verify no minors or other prohibited persons are accessing or using the platform, and
    • (b) cancel or suspend a player’s account and/or exclude a person from accessing or using the platform if WinStar Reel Money Gaming suspects the person is underage, prohibited or ineligible.
  3. Federal prohibitions and statutes exist that specifically oversee the limitations governing internet gaming as set forth in 18 U.S.C. §§ 1084 et seq. of The Wire Act and 31 U.S.C. §§ 3163 through 3167 of the Unlawful Internet Enforcement Gaming Act. We utilize third-party geolocation technologies to verify and record your physical location. The geolocation will report the physical location of the device which will determine if it is legal for you wager on games based on your location. You must be physically present within the Territory to wager with our service. You agree that you will not attempt to participate in such wagering activities while physically located outside of the Territory and acknowledge that any such attempt could result in enforcement actions against you. While physically present within the Territory, you are also physically present within the boundaries of the Chickasaw Nation Reservation and are bound by the regulations of the CNOGC.
  4. By registering for an account through the Service and/or by using the Services, you consent to the use of our third-party geolocation vendor, GeoComply Solutions, Inc. including the storage of records confirming your location for a period of five (5) years, as required by CNOGC. Certain features of the Service, including financial transactions and checking of status will be available to patrons whilst outside the Territory.
  5. You agree to allow third-party geolocation services such as GeoComply Solutions Inc. to access and use your location data. Accordingly, you consent to our collecting, using, maintaining, processing and transmitting such data to determine your location and improve the accuracy and quality of the third-party location-based services. At any time, you may withdraw or revoke your consent by notifying us in writing that you would like to withdraw such consent or simply by turning off the location settings. This will however prevent you from placing wagers or playing games via the mobile app.
    • We shall use the geolocation of your computer and/or mobile device to determine if gaming can occur, by detecting your location to be within the Territory.
    • Your location is determined using a combination of your IP address, mobile device, surrounding WI-FI location as well as a range of other computer connection items. • Together, these are integrated into the platform in real-time to determine the geolocation of any player.
    • The third-party geolocation is used throughout all active patron sessions. • You agree to the required monitoring of your location by WinStar Reel Money Gaming and the CNOGC as it pertains to any location determination of you, any wagering information and/or your account.
  6. To confirm eligibility of participation of this program, WinStar Reel Money Gaming holds the right to verify the personal information of any and all patrons including but not limited to first and last name, mailing/residential address, date of birth, contact telephone and social security number. This verification process may include us obtaining credit information from one or more of the national credit agencies, as well as verification of any previous self-exclusion activity, either with us or any other platforms or providers and help determine whether they currently remain on another self-exclusion list.
  7. To satisfy the required identification process, we have the right at any time to verify your information, including your registered email address, telephone number and methods of payments on file. Documents requested to satisfy identification verification include, but are not limited to, photo identification (e.g., valid passport or driver’s license), proof of address (e.g., recent utility bill), and/or (c) other personal information (e.g., W-9, 1099 or another similar document). In some cases, notarization of such documents may be required. Any failure to comply with such requested documentation may result in closure of your account, and any deposit associated with such account will be returned in a timely manner. Refund of any amounts that may have accrued to such account will be at our sole discretion, subject to all applicable laws.
  8. THE PLAYER HEREBY ACKNOWLEDGES THAT IDENTITY AND LOCATION VERIFICATION ASSOCIATED IN THE ESTABLISHMENT AND MAINTENANCE OF AN INTERNET WAGERING ACCOUNT MAY REQUIRE ACCESS TO AND USE OF INFORMATION FROM CREDIT AGENCIES.

Player Accounts

  1. All participants are required to establish a wagering Account before playing any Casino Games for real money. To create a wagering Account, participants are required to register with WinStar Reel Money Gaming using our registration form via the App. Players are required to provide accurate, verifiable and current information.
  2. Participants are not allowed to create more than one WinStar Reel Money Gaming account and all information provided in the registration form must reflect their legal name and current address.

    Any Casino Game wagers must be from the Patron’s own individual account and under no circumstance is a Patron allowed to use anyone else’s Account. Any violation or attempt to violate any of these terms could result in Account closure and forfeiture of any funds associated in the Account. 
  3. All information provided during the player registration process and while an account is active is actively monitored through third-party companies that are licensed by the CNOGC. This includes but is not limited to identification, verification and geolocation companies. Should your information either not positively match with that of our third-party vendor(s) or prove not verifiable, we have the right to ask you for additional information to verify your identity. Until such a verification process is complete, we may restrict or suspend your Account.
  4. The Patron is responsible for the safekeeping of the username and password associated with their account. It is recommended that you choose a longer password containing a combination of uppercase letters, lowercase letters, numbers and special characters. WinStar Reel Money Gaming will not be held responsible for the sharing of such sensitive information, or any misuse, or theft of your Account as a result of your disclosure of your login details to any third party, regardless of accidental or intentional.
  5. Designated patron information, including game history and financial transaction history is accessible in the patron’s account. The information can be accessed in your account profile. All historical information and activity is available for up to three months. This is inclusive of game transactions, financial transactions and any relevant tax documentation.

Player Funds

  1. Prior to wagering for real money, a patron must fund their account through WinStar Reel Money Gaming using any of the following payment methods:
    • Visa
    • MasterCard
    • Discover – Credit Cards
    • ACH E-Check
    • Cash at the WinStar cash cage
    • WinStar Reel Money Gaming may add, discontinue or amend any deposit payment method without notice at any time. Details about each of the individual payment methods is available on the WinStar Reel Money App.
  2. WinStar Reel Money Gaming reserves the right to restrict a player’s daily, weekly, monthly and individual deposit and withdrawal limits as a result of that player’s historical activity including any transaction history, payment method and account status.
  3. All patrons represent and warrant that the monies used to fund their account is free of any obligations, restrictions and burdens, earned or attained from legal means and is completely at your disposal.
  4. The patron is responsible for all information required by all governing authorities including local, state and federal tax agencies for any applicable taxes, duties, or documentation WinStar Reel Money Gaming reserves the right to withhold any relevant taxes and report any winnings as legally required Accordingly, the patron agrees to provide all requested and required information associated with such legal reporting obligations under the applicable laws pursuant to the Terms and Conditions for Consent
    5
    to Electronic Delivery of IRS Information Tax Returns for Gambling Winnings which are located on the App. The patron hereby agrees to release WinStar Reel Money Gaming from any liability resulting from such legal and regulatory compliance.
  5. We reserve the right to request that any player demonstrates proof of ownership of any deposit or withdrawal method, either before or after executing any withdrawal request, and the player agrees to comply with any verification request in a timely manner. Until the withdrawal funds have been verified, the funds shall be held by us.
  6. All withdrawals from a patron account are subject to an internal vetting process for potential fraud or account abuse. Payments will be processed as soon as commercially possible but could take up to five (5) business days. If the Patron tries to withdraw any funds prior to the receipt or settlement of a deposit, then the funds are subject to further delay until the funds are successfully confirmed by the patron’s bank. Patron withdrawals may also be subject to any additional delays due to unforeseen or required security checks as determined by our internal fraud team or as a result of any other provision of this Agreement that warrants a delay in payment. WinStar Reel Money Gaming is not responsible for any delays in withdrawals as a result of any third-party vendors with regard to the processing and holding of any funds associated with a withdrawal.
  7. There is no minimum balance required to maintain in your account and the cash in your account does not earn interest.
  8. You agree to allow WinStar Reel Money Gaming the right to use third-party credit agencies to conduct identity verification checks and credit checks on all information supplied by you.
  9. We reserve the right to use third-party payment processors and banking institutions to process deposits and withdrawals in connection with the Services. The patron hereby agrees by the terms and conditions of use of such third-party payment processors and banking institutions.
  10. We reserve the right to restrict a patron’s account on suspicion of any fraudulent payment including but not limited to stolen credit cards, chargebacks, dispute, attempted reversal of payment or any other suspicious activity. In such cases, any payments will be blocked as well as payouts and/or winnings reversed. We reserve the right to contact any relevant third-party vendors and governing bodies associated with such unlawful and fraudulent activity including but not limited to collection agencies in order to recover any money. WinStar Reel Money Gaming is under no circumstances liable for unauthorized use of credit cards, regardless of if the credit cards were reported lost or stolen
    In the event such activity results in a chargeback, you agree that we have the right to take legal action for any cost and counsel fees. In such an event, you agree that in addition to any other amounts due to us, you will pay all legal fees and collection costs paid or incurred by us in collecting any amounts due from you. Note that following the assignment of such debt to a collection agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collection agency.
  11. If the patron does not log into their account for three (3) years, the patron shall receive notification by email of the dormant status of their account along with any remaining funds on deposit. The Patron agrees that if the account is dormant, we have the right to close the account and any remaining funds on deposit and any pending wagers shall be forfeited.

Intellectual Property Rights

  1. All the trademarks, copyrights, graphics, audio, songs, logos, service marks, tradenames, and other intellectual property appearing or used on Platform is the property of WinStar Reel Money Gaming or belong to our providers, merchants or vendors. You acknowledge that by using the service or platform, including the downloading of software, you shall not claim any rights for any content, downloaded software, or any part thereof. You may not use the service or platform in any unlawful manner or purpose, or in any way that is inconsistent with this Agreement.
  2. We hereby grant you a personal non-exclusive, non-transferable, non-sub-licensable limited license to use the service, including any content available on the Website or App, software required for download, for their specific intended use, and upon the condition of your strict compliance with all of these terms. Except for the license expressly hereby granted, no license, permission, or rights are granted in relation to the Services under any circumstance. All rights, including all intellectual property rights not expressly granted hereunder are hereby reserved by WinStar Reel Money Gaming.
  3. Other than downloading any required copy of any software necessary to use the platform, you represent, warrant, and covenant that you will not:
    (a) disassemble, decompile, reverse engineer, modify, obscure, circumvent, translate, merge or develop derivative works based on the service or any of its subcomponents, programs or modules; (b) make any attempt to access the source code;
    (c) place the Platform onto a server making it accessible via a public network; (d) sell, assign, sublicense, transfer, distribute, rent, lease, or lend any portion of the Platform or associated documentation to a third party; and/or
    (e) remove or alter any copyright or other notices that are included in the Service.
  4. The grant of this Agreement remains in effect until your account is closed or terminated or upon written notice by us for any reason. Upon termination, you must cease all use of the Service and delete all copies of our software in your possession.

Copyright Policy

  1. All brand names, trademarks, images, text and other content on the WinStar Reel Money Gaming App are the property of WinStar Reel Money Gaming and its affiliates. Other than the limited license granted to you in this Agreement, you retain no rights to any such items for use of the Platform.
  2. You agree not to upload, post, email, transmit or otherwise make available through the Platform, on the App, any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
  3. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), WinStar Reel Money Gaming reserves the right, but not the obligation, to terminate your right to use the site if WinStar Reel Money Gaming determines in its sole and absolute discretion that you are involved in any activity that may infringe a copyright or other intellectual property right, regardless of whether the material or activity is ultimately determined to be infringing. WinStar Reel Money Gaming accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
  4. We respect the intellectual property rights of others and require users of the Platform and App to do the same. If you believe any material available on the App has been copied in a way that constitutes copyright infringement, or otherwise violates your intellectual property rights, please notify us by providing the following information:
    • A description of the copyrighted work you claim has been infringed;
    • If you do not own the copyrighted work, your physical or digital signature as a person authorized to act on behalf of the copyright owner;
    • A description of where the material you claim is infringing is located on the Site; • Information reasonably sufficient to permit WinStar Reel Mobile Gaming to contact you, such as an address, telephone number, or email address;
    • A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
      Please send to our legal department for notice of claims of copyright or other intellectual property infringement:
      ATTN: Office of General Counsel
      Chickasaw Nation Department of Commerce
      2020 Lonnie Abbott Boulevard
      Ada, Oklahoma 74820

Responsible Gaming

  1. WinStar Reel Money Gaming is committed to patrons’ safe and responsible environment to wager. We recognize that a minority of vulnerable players develop gambling habits that may be harmful. WinStar Reel Money Gaming has a policy to provide the tools and information to help our patrons gamble responsibly and within their limits.
    Each player has the ability to enroll in self-exclusion or self-imposed limit programs. Please see your options below.
  2. Limit Options: You may set responsible gaming limits for yourself through our Platform:
    Deposit limits – set daily, weekly, or monthly limits which prevent you from being able to deposit more than a specified amount during that period
    Betting limits – set daily, weekly, or monthly limits which prevent you from being able to bet more than a specified amount during that period, as well as a limit on the maximum amount of any single wager on any interactive game
  3. Timeout (Self-Suspension).
    You also have the option to take a break from playing with WinStar Reel Money Gaming, you may do so with a timeout or Self-Suspension. Timeout is offered for a minimum of 72 hours up to 365 days.
    During your temporary suspension, you will be unable to access your account in any capacity. The account access will resume to normal functionality once the period of self-suspension has lapsed.
    • Please note that you cannot reverse your timeout. You must wait until the time period you selected has expired.
    • While the timeout is in place, we will not send new marketing offers or incentives, although you may receive materials that have already been dispatched or scheduled.
  4. Self-Exclusion.
    You can select either one (1), three (3) or five (5) years through the CNOGC. During the self-exclusion period, you will have access to your account but may not wager on the game genre from which you have self-excluded. Once the self-exclusion period is over, any restrictions will automatically be reinstated.
    By electing this option, you will be completely prevented from accessing gaming operations across all Chickasaw Nation-operated gaming facilities.
    • If you choose to self-exclude using this program, WinStar Reel Money Gaming will suspend your account and return any remaining cash balance.
    • Once on the list, you may voluntarily apply to change your status after one (1) year and revoke your pledge to never visit a Chickasaw Nation-operated gaming facility again.
    • WinStar Reel Money Gaming cannot reverse the process for any reason, and you may not apply to reopen your account until the self-exclusion has expired.
    • During the self-exclusion period, WinStar Reel Money Gaming will make all reasonable efforts to ensure you do not receive new marketing messages or incentive offers.
    • Once the self-exclusion period has expired, your account will remain inactive until you contact our Player Support telephone to reactivate it.
    • No other method of contact is permitted for reactivating your WinStar Reel Money Gaming account under this scenario.
    • Once the request to reactivate your account is received, a 24-hour waiting period is required for the account reactivation to be completed.
    • Participation in the Disassociated Persons program is completely voluntary – no one but the participant may be added to the list.
  5. Additional details on Self Exclusion can be found on the CNOGC website.

Code of Conduct

  1. You may not upload, email, text, post or otherwise transmit any user content or material that is unlawful, harmful, threatening, indecent, vulgar, pornographic, hateful, racist, libelous, defamatory, obscene, threatening or in any way invasive of another’s privacy or any material that would violate any law or be considered offensive, through any part of the platform, including but not limited to any chat platform, avatars/images or in correspondence with WinStar Reel Money Gaming staff. Any violation may result in suspension, modification, or cancellation of your account.
  2. You may not use the service in any way that would be deemed unlawful under United States Federal Law, the laws of the State of Oklahoma or the laws of the Chickasaw Nation. This includes but not limited to attempting to transfer money to another patron or activity construed as money laundering. If we suspect you have engaged in such unlawful, inappropriate, or otherwise fraudulent activity or any similar type of conduct deemed in violation of this Agreement, your access to the platform may be terminated immediately and access to your account blocked. Subject to regulatory approval if, under such circumstance, your account is either terminated and/or blocked, we are under no obligation to refund any outstanding cash balance in your account. We also reserve the right to inform relevant governing authorities, vendors used in association with this platform and relevant banks, credit card companies, payment providers or institutions associated with fraud and identity of any suspected unlawful, fraudulent or improper activity.
  3. The use of any betting techniques solely for the purpose of altering or circumventing the standard house edge of our casino games is strictly prohibited. This includes but is not limited to card counting or other such similar progressive betting platforms as well as even money bets using Bonus Money for Roulette, Baccarat, Sic Bo and Craps (“Bonus Abuse”). If your account history reflects the use of any of these betting techniques, we reserve the right at our sole discretion to restrict access to your account and you forfeit any deposits, bonus money or any pending wagers.
  4. You are solely responsible for all taxes, fees and other costs incidental to and arising from any winnings, awards, prizes or other amounts you may receive while using the Platform.
  5. You are acting on your own behalf in using the platform.
  6. All personal information and details that you give or have given in the process of registering with the App in creating an account are accurate, and you will continue to update such details to reflect the most current information.
  7. You are not conducting criminal activities or intending to utilize your account in connection with such activities. Nor are you allowing or intend to allow another patron or person to use your account to play casino games for real money or access any other aspect of the Platform for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law.
  8. You are not participating, directly or indirectly, in any collusion or other inappropriate, suspicious or illegal activity with another player for any game accessible through the Gaming Lobby.
  9. The detailed information associated with your credit or bank card when funding your account is your own and the card is in good standing and not reported as lost or stolen.
  10. Players who have requested a withdrawal after previously using a payment method originating from an account that was not in their name, but which they have advised they used with authorization of the owner of the payment method will be required to sign an affidavit.
  11. You are not currently listed on any self-exclusion list with the CNOGC, nor any other exclusion list of any other state or government entity.
  12. You are not a person who is prohibited from engaging in internet gaming or any other applicable law including:
    • under the legal age to wager;
    • employee or appointee of the CNOGC;
    • employee or occupational license holder of an internet gaming operator for which he or she is employed;
    • employee of an internet gaming platform provider for which he or she is supplying that operator;
    • employee or appointee of a tribal gaming regulatory agency with jurisdiction over the internet gaming being operated under the tribe’s gaming ordinance and Indian Gaming Regulatory Act (IGRA) https://www.nigc.gov/general-counsel/indian-gaming-regulatory-act;
    • a prohibited person as deemed by the CNOGC and/or National Indian Gaming Commission;
    • an individual with access to non-public/exclusive information related to an event or an individual who may impact the outcome of an event or wager type is prohibited from wagering on any event overseen by the relevant sport’s governing body;
  13. You are not an employee who works with mobile gaming for the Information Technology Department of the Chickasaw Nation or an employee who works with mobile gaming for any casino of the Chickasaw Nation.
  14. You will not allow anyone, under any circumstance, access to your account to access or use the service. You will not share your account username or password to anyone, and you shall take all reasonable steps to ensure that such details are not revealed to anyone.
  15. You shall contact WinStar Reel Money Gaming customer support immediately if you suspect that your account has been accessed or any third party has access to your account including your username or password. You agree to cooperate with us in the course of such investigation.
  16. You are responsible for the security of your username and password on your mobile device, computer (and browser) or any other means to access the app. It is recommended that you choose a longer password containing a combination of uppercase letters, lowercase letters, numbers and special characters. If you believe the combination of your username and password has been compromised, due to hackers, viruses or other malicious software that may be present on your device, it is your sole responsibility including your immediate action to change your password. You should immediately report any possible compromise of your devices as well as hacking attempts and security breaches on your device to us.
  17. You are fully responsible for understanding rules and procedures of the service and Internet-based gambling in general. It is your responsibility to ensure the details of each wager are correct.
  18. You are fully aware that similar to any wagering activity, there is a risk of losing money and you are fully responsible for any such loss. You agree that your use of the App is at your own option. With regard to any potential loss, you have no claims against us or our directors, employees, service providers, agents, or any affiliates associated with providing the Service.
  19. You are solely responsible for any costs for access to the Service including telecommunications networks and Internet access fees.
  20. You agree not to use any artificial intelligence including, without limitation, “bots” or “robots” in connection with the Service, including for the play of games.

Reservation of Rights and Changes

  1. At any time we reserve the right at our sole discretion, make changes to these Terms of Service, Privacy Policy and of the rules of gameplay for any casino game. Any changes will be communicated to all patrons either through the App. In some cases this notification may be made by us via email notification for whom a valid email address is on file. Any email notification is at our sole discretion, and we are under no obligation to provide such communication. Any significant changes to the Terms of Service or Privacy Policy will require consent up to your next login and you will be prompted to acknowledge that you have read and agree to all such changes. Failure of your consent to the changes of the Terms of Service or Privacy Policy will result in your prevention in accessing the service or wagering on the casino games or otherwise use of the Platform.
  2. Any changes will take effect from the date specified in the posted announcement on the App. You are solely responsible for reading the changes and it is important that from time-to time you access your account for any such changes.
  3. The use of any aspect of the platform after the posting of any changes shall constitute your agreement to be bound by those changes. If you do not agree to be bound by the changes, you should cease using the App immediately including any casino games or any other aspect of the Platform.
  4. At our sole discretion and subject to regulatory requirements, we reserve the right for any reason to any of the following:
    • Refuse to register any person seeking to create an account.
    • Refuse to accept your participation (including wagering and/or financial transactions) for any reason.
    • Change, suspend, remove, modify or add any game in the Gaming Lobby.
    • Assign, transfer and/or sublicense the Agreement between the parties in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

Applicable Law; Jurisdiction; Venue

  1. This Agreement shall be governed by and construed in accordance with the laws, guidelines, resolutions, and ordinances of the Chickasaw Nation. State law shall neither be applicable nor shall disputes be subject to any authority outside the Chickasaw Nation. You affirmatively consent to the exclusive jurisdiction of the Chickasaw Nation Courts for all purposes relevant to this Agreement, including any claims that may involve a Provider(s).
  2. Nothing contained in this Agreement shall be construed to waive the sovereign rights and immunities of the Chickasaw Nation as shared with its officers, employees, and agents. By this Agreement, the Chickasaw Nation hereby expressly retains, without limitation, its sovereign immunity from unconsented suit.
  3. PLEASE NOTE: YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO FORM A CLASS ACTION OR ANY OTHER REPRESENTATIVE ACTION OR FILE SUIT IN A COURT OF LAW (INCLUDING ANY CLASS ACTION SUIT) TO ENFORCE YOUR RIGHTS UNDER THIS AGREEMENT. THIS WAIVER EXTENDS TO ANY PROVIDER(S).

Disputes; Dispute Resolution

  1. Any disputes or complaints follow a player dispute resolution protocol. If you have any complaint, dispute or issue relating to the service, you should first contact our customer support team accessible either through chat on the App or email ReelMoneyGaming@chickasaw.net.
  2. If there is no resolution or you are not satisfied with the way that your dispute or complaint was handled by our customer support team, the issue will be escalated to our senior management team to resolve any outstanding grievance. As such, you agree to follow any grievance and resolution policy we may put in place from time-to-time.
    You may notify CNOGC of such dispute or complaint by visting or writing to the following following address:
    • Chickasaw Nation Office of Gaming Commission
      1500 N. Country Club Road
      Ada, Oklahoma 74820
  3. If we cannot resolve your dispute or complaint, then please contact the gaming facility or CNOGC on options for filing a claim. Additional information is available at the CNOGC website.
  4. Records of disputes and complaints will be retained for a minimum of five (5) years as required by regulatory standards. We reserve the right to provide a copy of any disputes and complaints and relevant documentation to any applicable regulatory authority.

Disclaimer; Limitations of Liability

  1. Any disputes or complaints follow a player dispute resolution protocol. If you have any complaint, dispute or issue relating to the service, you should first contact our customer support team accessible either through chat on the App or email ReelMoneyGaming@chickasaw.net.
  2. If there is no resolution or you are not satisfied with the way that your dispute or complaint was handled by our customer support team, the issue will be escalated to our senior management team to resolve any outstanding grievance. As such, you agree to follow any grievance and resolution policy we may put in place from time-to-time.
    You may notify CNOGC of such dispute or complaint by visting or writing to the following following address:
    • Chickasaw Nation Office of Gaming Commission
      1500 N. Country Club Road
      Ada, Oklahoma 74820
  3. If we cannot resolve your dispute or complaint, then please contact the gaming facility or CNOGC on options for filing a claim. Additional information is available at the CNOGC website.
  4. Records of disputes and complaints will be retained for a minimum of five (5) years as required by regulatory standards. We reserve the right to provide a copy of any disputes and complaints and relevant documentation to any applicable regulatory authority.

Disclaimer; Limitations of Liability

  1. To the fullest extent permitted by law the App and Platform are provided “as is” except as otherwise expressly provided in this Agreement, WinStar Reel Money Gaming and our affiliates, Providers, their respective officers, directors, members, managers, employees, and any other representatives, and the company’s vendors and business partners (collectively, “WinStar Reel Money Gaming and our affiliates”) expressly disclaim all warranties of any kind with respect to the services, whether express or implied. Notwithstanding the foregoing, you will have no recourse against any licensors of the Providers.
  2. We make no warranty or representation, express or implied (whether by law, statute or otherwise), including but not limited to, implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the website, app or platform or infringement of applicable laws and regulations. The entire risk as to the use, quality and performance of the platform lies with you.
  3. In the event of any errors, malfunctions, viruses or bugs, communications failure, or systems failure relating to the services, and resulting in loss, corruption, or miscalculation of data or winnings or bonus money amounts, to the fullest extent permitted by law, WinStar Reel Money Gaming, our affiliates and our Providers shall not in any way be liable to you, and shall void all games in question and payments in relation thereto, and may take any other action deemed necessary by WinStar Reel Money Gaming in its sole discretion to correct such errors. We are not required to provide any back
    up network and/or systems or similar services. if any such error or miscalculation results in over payment to you of winnings resulting from wagers on your account, you shall not be entitled to receive or retain such winnings, shall immediately inform us of the error, and shall repay any such winnings to us (or we may, in our sole discretion, deduct an amount equal to such winnings from your account, set off such amount against any other winnings owed to you, or take any other action necessary to collect such winnings as permitted by the act, regulations, and other applicable laws).
  4. WinStar Reel Money Gaming and its affiliates and Providers shall not be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the services, including any liability
    (i) as a publisher of information;
    (ii) for any marketing of the Services;
    (iii) for any defective feature, function, or component of the Services;
    (iv) for any incorrect or inaccurate information;
    (v) for any unauthorized access to or disclosure of your transmissions or data; (vi) for statements or conduct of any third party on the Services;
    (vii) for any other matter relating to the Services to the fullest extent permitted by law. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises us of the possibility of such damages.
    The limitations of liability set forth herein are fundamental elements of the basis of the bargain between WinStar Reel Money Gaming and you. The App would not be provided without such limitations. Notwithstanding the foregoing, to the fullest extent permitted by law, the sole and entire maximum liability of the company and our affiliates for any reason, and your sole and exclusive remedy for any cause of action or claim whatsoever, shall be limited to the amount of any deposits and winnings resulting from wagers on your account (to the extent you otherwise remain entitled to such deposits and winnings under these terms) remaining in your account at the time of your cause of action or claim. You acknowledge and agree that if you do not have any such deposits or winnings in your account at the time of such cause of action or claim, to the fullest extent permitted by law, your sole and exclusive remedy for any dispute with WinStar Reel Money Gaming or any Provider(s) is to stop using the services and cancel your account.
  5. We are not 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 Platform.
  6. If a casino game is disconnected and/or interrupted, other than a terminated voluntarily by player which would result in a void of the game, a Malfunction voids all payments.
    (i) the player will be able to return to the game to complete the game, to the extent it technically possible
    (ii) the platform will return the wager back to the patron account (and the transaction and game play will be void) or
    (iii) if technically feasible, the platform will attempt complete the transaction on behalf of the patron after an approved period of time in order to complete the game; provided however, we cannot guarantee that any such transactions can or will be completed.

Indemnity

  1. You shall fully indemnify, defend and hold us, our affiliates, and each of our or their respective officers, directors and employees harmless from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal and attorneys fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
    any breach of this Agreement by you;
    any violation by you of any law or the rights of any third party;
    any use by you of the platform or by any other person accessing the platform using your account or any of your personal information, whether or not with your permission; or • your obligations with respect to acceptance or over payment of any winnings.
  2. If you reside in California or if the laws of California otherwise apply to you, you hereby waive California Civil Code Section 1542, 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.” You acknowledge you have carefully read this paragraph and fully understand that it is a release of liability.
  3. If we suspect or determine that you have breached any of the terms of this Agreement or any other terms relating to any aspect of the Platform or Services, your winnings may be forfeited, and we may retain any funds or pending wagers in your account until such investigation has been conducted or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.

Account Suspension and Termination

  1. This Agreement is effective upon your registration to use the Platform and shall continue in full force and effect unless and until terminated in accordance with its terms.
  2. We reserve the right to suspend, block or terminate your account at any time (including your username and password) for any reason if we determine, in our sole discretion, that you have:
    • breached any of the terms;
    • your use of the Platform or App is deemed in any way improper, fraudulent, illegal including but not limited to financial fraud or wrongdoing, multiple accounts, use of bots, abusive behavior to other players;
    • your account is in any way associated with an existing account that has been terminated or suspended; or
    • at the instruction of any regulatory or law enforcement agency.
  3. To the fullest extent permitted by law, you acknowledge and agree that we and our third-party service providers will have no liability to you of any kind for taking any of the following actions:
    • issuance of a warning to you;
    • immediate, temporary or permanent termination of your right to use theApp; • immediate, temporary or permanent removal of any of your user-generated content from the App;
    • forfeiture of any deposits, Bonus Money, winnings or pending withdrawals and wagers as directed by the CNOGC;
    • disclosure of such information regarding your breach of the Terms to regulatory agencies, law enforcement authorities or other third-party providers as we reasonably feel is necessary; • disclosure of your identity to any third-party who is claiming that your user generated content is a violation of their intellectual property rights, privacy rights or other legal rights.
  4. We reserve the right to recoup, offset and/or recover money from your account to satisfy payment for unpaid financial transactions returned by your bank (other than for reasons of third-party fraud). You acknowledge and agree to forfeit any deposits, Bonus Money, winnings and any pending wagers or withdrawals to accomplish this purpose. You agree that we may obtain and use credit checks on an ongoing basis to review and enforce your continuing compliance with these Terms of Service. You further authorize us to obtain reporting and other documentation from third parties, as necessary for us to meet legal obligations relating to your account and as necessary to prevent fraud.
  5. We retain at all times absolute control over the issuing, maintenance, suspension and/or termination of all accounts, including dormant accounts. To the fullest extent permitted by law, our decision in any matter relating to any player’s account and use of the App is final.
  6. Upon suspension or termination of an account, we will retain all records and information associated with such an account for at least as long as necessary to comply with all requirements of the CNOGC.
  7. You should be aware that if you breach any of the Terms of Service, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the CNOGC, in investigating suspicious or presumed illegal activity with regard to the Service.
  8. Upon any termination, any balance in your account will be either returned or withheld, either in whole or in part, in accordance with the terms of this Agreement and applicable law and regulatory requirements and approval.

Geolocation

  1. WinStar Reel Money Gaming uses location services to determine whether or not you are physically located in theTerritory, as required by the CNOGC and applicable state and federal regulations.
  2. There is some degree of error in mobile phone triangulation, so if you are located close to the border ofTerritory, you may not be allowed to play.
  3. If your telephone phone location is turned off, we will not be able to locate it and you may not be allowed to play.
  4. While these services are completely free, your normal messaging and data rates may apply. We do not add any additional charge.
  5. Your location information is retained for up to five (5) years as required by the CNOGC and applicable state and federal regulations. Only WinStar Reel Money Gaming and its partners will have access to this information solely for the purpose of providing these geolocation services. For your protection, the data that is collected is sent through Secure Socket Layer (SSL) technology and stored in password protected servers. As per our Privacy Policy, we will not resell or pass your information to any other third parties including your telephone number. The location information provided to a third
    party is done so to satisfy any law, regulatory or government agency request.
  6. If you have any questions or concerns, please don’t hesitate to contact Customer Support at 866- 946-7787.

General Promotional and Bonus Terms and Conditions

  1. From time to time, we may offer promotions, bonuses, free bets, vouchers, credits, sweepstakes, contests, raffles, surveys and other special offers (“Promotions”) through theApp. Each such offer will be governed by specific terms and conditions which are in addition to these Terms of Service.
  2. Bonus Money, Bonus Credits and/or Bonus Cash (Bonus Money) offered through our Promotions are restricted and not withdrawable funds. All Bonus Money must meet the specific requirements associated with the promotion including, but not limited to, the following:
    • wagering on a specific game title or game genre;
    • meeting a wagering minimum or “Play Through Requirements”;
    • adhering to a wagering contribution; and
    • expiration period.
  3. In addition to adhering to the terms in this Agreement, all promotions are governed by the specific rules of the individual Promotion. It is important to read both terms. The Terms of the individual Promotions are accessible on the specific promotions page.
  4. We reserve the right to change the play-through requirement, game genre wagering contribution, expiration and other requirements/restrictions for Bonus Money at any time.
  5. Any complimentary Bonus Money credited to your account must be used in accordance with such terms and conditions. We reserve the right to withdraw any Promotion, Bonus Money or special offer at any time.
  6. If we determine or suspect that you are abusing or attempting to abuse a promotion and/or Bonus Money or are acting in a way we deem inappropriate in relation to any such offer, we may, in our sole discretion, deny, withhold or withdraw any bonus or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate your access to the App and/or restrict your Account.
  7. Any attempt to establish multiple accounts or any other bonus abuse is prohibited and may result in termination of such Account(s) and such other action we deem appropriate. Similarly, if we suspect or determine that you in any activity seek to abuse or unfairly exploit any bonus offers, we may terminate your account or take action as we deem appropriate.
    In any such circumstances, we shall be under no obligation to refund to your bonus funds or winnings of bonus funds that may be in your accounts.
  8. If you have an active wagering bonus at the time of submitting a withdrawal request, any and all incomplete/pending game rounds in your account, as well as your current active wagering bonus, will be voided.

Marketing & Communication

  1. By clicking “I accept” to the Terms of Service, you agree that as part of the App you may receive communications by email, text message, push notification or other means, including promotional communications from time to time. You may opt-in to these communications during registration and/or change your preferences at any time by accessing these in the ‘Player Protection’ section of your account. In addition, you may stop receiving promotional alerts via email by accessing your account profile and opting out of marketing emails or by emailing your request to opt out to ReelMoneyGaming@chickasaw.net. As part of the terms of theApp, you may not opt out of transaction based, system and other emails as required by regulation.
  2. We are not responsible for any fees incurred by your telecommunications providers as a result of the use of the Services.

Miscellaneous

  1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In any such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
  2. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
  3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
  4. This Agreement, inclusive of the Privacy Policy, the Terms & Conditions for Consent to Electronic Delivery of IRS Information Tax Returns for Gambling Winnings, the game rules, and any additional policies or rules referenced herein constitutes the entire and only Agreement between WinStar Reel Money Gaming and you, the Patron, as it relates to the platform and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement and cannot be altered except in writing. You confirm that, in agreeing to accept this Agreement, you have not relied on any representations other than this Agreement, or the other policies or terms referenced herein.
  5. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website or App, as well as the messages/help client, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be “in writing” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper or physical format.
  6. The failure of WinStar Reel Money Gaming to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit our right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
  7. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to ReelMoneyGaming@chickasaw.net.
    PLEASE PRINT OFF AND RETAIN A HARDCOPY OF THIS AGREEMENT FOR YOUR RECORDS.
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