TERMS OF SERVICE
Effective Date: May 25, 2022
Welcome to Caesars Racebook!
Following are the Terms of Service for use of the Caesars Racebook horse betting website and/or mobile application (collectively, the “Services”).
1. Your Use of the Services
2. User Account
3. Funding Your Account
4. Wagering
5. Wager Restrictions
6. Withdrawals
7. Interest, Fees, and Collection Efforts
8. Tax Reporting and Withholding
9. Liability Limit
10. Indemnification
11. Disclaimer of Warranties
12. Intellectual Property
13. Third Party Content
Third Party Content and Hyperlinks
Axcis Information Network
14. Disputes/Governing Law
15. Wager Responsibly
16. Other
17. Contact Caesars Racebook
18. Arbitration
19. Modification and Amendments
20. Illinois Surcharge
1. Your Use of the Services
The Services are operated by NYRAbets, LLC (“NYRA” or “we” or “Caesars Racebook”) with a license to use the “Caesars” brand from American Wagering, Inc. (“Caesars”), an affiliate of Caesars Entertainment, Inc.
Your access to and use of the Services and its account wagering services is subject to the following Terms of Service and all applicable local, State and Federal and International laws and regulations. By accessing the Services, you (“you” or “User”) accept, without limitation or qualification, these Terms of Service.
The Services are managed by NYRAbets, LLC under its Oregon Racing Commission Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hub license.
We reserve the right to make changes to our Services and these Terms of Service (including, without limitation, account wagering rules, policies and procedures) at any time, which changes will become effective upon the Effective Date set forth at the top of this page. It is your responsibility to check the Services periodically for changes to these Terms of Service. The Effective Date is the date on which these Terms of Service were last updated.
Please read these Terms of Service thoroughly and with great care and attention. Your use of the Services indicates your agreement with these Terms of Service and any amendments thereto.
Additional and general terms and conditions for a promotion or a specific race or wager may be found on the applicable page within the Services. Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any other terms and conditions referred to in these Terms of Service.
While the Services are owned and operated by NYRA or its affiliates, the collection and use of Caesars Racebook customer personal information by NYRA and/or Caesars is governed by the Caesars U.S. privacy policy, which is available to view here. By accepting these Terms of Service, you are also acknowledging and accepting the Privacy Policy.
All Caesars Racebook accountholders are automatically
enrolled in the Caesars Rewards® loyalty program, which is administered by
Caesars Enterprise Services, LLC (“CES”), an affiliate of Caesars. Visit
www.caesars.com/myrewards for a description of the program and its benefits.
Your participation in Caesars Rewards is subject to the
Caesars Rewards Rules and Regulations, and your membership may impact your ability to access, claim
and/or use certain benefits associated with the Services. To enroll you in
Caesars Rewards, we will share your contact information with CES. We will also
share your gaming and transactional data with CES to allow you to earn Tier
Credits and Reward Credits for using the Services and for marketing purposes.
CES may use your information to send you Caesars Rewards emails, push
notifications (if you have downloaded the Caesars Rewards mobile app and have
authorized notifications), and other promotional materials that promote: (1)
Caesars Rewards benefits, including benefits offered by third party loyalty
partners, (2) hotels/casinos in the Caesars Rewards network, and (3) other
services offered by CES affiliates or business partners. If you want to stop
receiving marketing emails from Caesars Rewards, you can click the
“Unsubscribe” or similar link located in the footer of any marketing email you
receive from Caesars Rewards. You also can deactivate your Caesars Rewards
account at any time by filling out the deactivation form located
here.
2. User Account
To establish and/or maintain a wagering account, you must meet the following requirements (collectively, the “Basic Requirements”):
· Be at least 21 years of age;
· Be a natural person;
· Be a citizen of the United States or a resident alien; and
· Reside in a jurisdiction where pari-mutuel wagering is lawful.
By establishing an account with Caesars Racebook, you certify that:
· You have read and agreed to use your account in accordance with these Terms of Service.
· The information you submitted in order to establish an account is accurate.
· You meet the Basic Requirements.
· You are familiar with the Local Laws (as defined below) applicable to you and that you are not prohibited from establishing an account with Caesars Racebook and placing wagers through Caesars Racebook.
· In the event you are traveling outside of the state in which you reside, you will only place wagers from those jurisdictions where account wagering is legal.
· Your account is for your personal, private use only. You will not allow a person other than you to use your account and bear full responsibility for maintaining the confidentiality of your account, including, without limitation, account PINs and passwords.
In order to establish an account, you must provide to Caesars Racebook the following information:
· Full legal name (must match name on your government-issued identification)
· Date of birth with proper identification or certification demonstrating that you are of the required age
· Principal residence address (no P.O. Box)
· Telephone number
· Social Security Number
· Any additional information that Caesars Racebook and their affiliates requests to verify your identity
In order to comply with our obligations as a business that transfers funds, and to combat money laundering activities and the funding of terrorism, Caesars Racebook obtains and verifies record information that identifies each individual who requests to establish a wagering account. We may, at any time, request additional identifying documents or information. Failure to provide requested information may prevent you from establishing a wagering account, or we may discontinue your wagering account, in our sole discretion, at any time. By initiating any transfer of funds into a wagering account, you are representing that the information provided by you is accurate.
Upon completing your registration, you will be opted-in to receive email communications from NYRA Bets/Caesars Racebook and Caesars. You may opt out of receiving marketing emails from us at any time. Please note that even if you opt out of receiving marketing emails, we may still send you transactional or informational emails about your account.
An individual may have only one account at a time. Caesars Racebook reserves the right to (i) deny the establishment of an account for any reason, and (ii) close an account for any reason, subject to applicable gaming regulations.
Accounts inactive for thirty-six (36) months will be closed. Upon closing of an account, Caesars Racebook will return to you the balance of any funds in your account at the time of termination, less any applicable fees due to Caesars Racebook via check mailed to the account holder’s address associated with the account.
To facilitate the establishment and maintenance of your account:
· You authorize Caesars Racebook to obtain reports or other forms of authentication from credit bureaus and other third party services in connection with the establishment, maintenance and review of your account.
· You consent to receiving offers and marketing materials regarding products and services that we believe may be of value and interest to you. You may opt out at any time.
· You authorize Caesars Racebook to accept, and you agree to be responsible for, all instructions sent to Caesars Racebook or to NYRA Bets’ totalizator system, by such means as are made available by Caesars Racebook, when accompanied by your account number and account PIN and/or password.
· You acknowledge that Caesars Racebook reserves the right to report unusual or suspicious activity to the proper authorities.
· You agree to keep your account number, personal identification number (PIN), password and other confidential account data confidential.
· You agree to keep all information you provide to Caesars Racebook accurate and complete, and immediately notify Caesars Racebook of any changes in such information.
· You agree to notify Caesars Racebook upon a change in your state of residency by calling 1-866-775-9880 to speak with a Caesars Racebook customer service manager. If you move to a state where wagering services are not available or wagering is not permitted, Caesars Racebook will be obligated to terminate your account.
3. Funding Your Account
You may fund your account using any of the options described within our Services or in our Payment Terms and Conditions, which may be updated from time to time. By funding your Caesars Racebook account by any available funding method, you agree to the current terms and conditions in the Payment Terms and Conditions that are applicable to your selected funding method.
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 the Services. You irrevocably authorize us to provide ESPs with your personal and financial information for the sole purpose of processing a deposit or withdrawal transaction. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between Terms of Service and the ESP's terms and conditions, then these Terms of Service 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. If you would like to request information regarding the ESPs used by us, contact us at 1-866-775-9880.
4. Wagering
You may access your account and place wagers through our Services on the Caesars Racebook mobile app.
By placing wagers on or via the Services, you acknowledge that states and localities have their own respective laws, codes and regulations governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise (collectively, “Local Laws”). Caesars Racebook is not responsible for your compliance with Local Laws and the wagering services offered by this Services do not purport to be in compliance with Local Laws. Caesars Racebook encourages you to contact your local gaming regulators for additional information on the legality of your use of our Services and services prior to establishing an account.
Proceeds from a successful wager will be credited to your Caesars Racebook account as soon as each race is rendered official by the presiding jurisdiction and available from the host track where the wager was placed. Requested wagers that are unsuccessful, ineffective or not permissible for any reason (including any and all track errors, tote malfunction, communications failures, etc.) will be canceled and the full wagered amount will be refunded to your account.
Caesars Racebook reserves the right to refuse any wagering transaction for any reason. Any and all wagers placed from jurisdictions that do not permit wagering will not be accepted. Additionally, Caesars Racebook reserves the right to void any wagering transaction if there is reason to believe that someone other than you deposited funds in or placed a wager from your account.
All wagers are considered final when a confirmation is received from Caesars Racebook totalizator service provider and your wager is commingled with the host pool. If for some reason your wager cannot be commingled with the host racetrack wagering pool, your wager will be refunded to your account.
You may cancel a wager transaction before a confirmation is received. Caesars Racebook may refuse to accept a wager transaction cancellation for any reason. Caesars Racebook also reserves the right to disable the cancellation privileges of any User for any reason at its discretion. Excessive numbers of cancellations are subject to review by a Caesars Racebook wagering analyst. In addition, Caesars Racebook may refuse to permit wager cancellations from any account holder for any reason to the extent permitted by applicable law.
Caesars Racebook has 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 or any other user of any of the Services in any way, including but not limited to wagering manipulation or payment fraud, manipulation of any multi-currency facilities, 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 are 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; (ii) instructing third party collections agencies to collect the debt and (iii) may prosecute such activities to the full extent permitted by law. 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.
Transitions in your Caesars Racebook account may show as ‘Bet
Attempted’ before accepted by the tote provider. Transactions may also appear
as ‘Bet Failed’ if not accepted by the tote provider, and the bet will be
refunded.
5. Wager Restrictions
As to Thoroughbred racing wagers, no wager over five hundred dollars ($500.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled over the Internet.
As to Harness racing wagers, no wager over one hundred dollars ($100.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled over the Internet. Caesars Racebook management reserves the right to refuse any cancellation which may cause substantial altering of odds, prices, or betting totals, and will certify in writing, to a finding either allowing or rejecting such request.
This policy applies at Caesars Racebook after odds, probable prices, or betting totals are displayed which reflect actual wagering (i.e., first "flash" after morning line) at the racetrack.
6. Withdrawals
Withdrawal requests will be processed within five (5) business days after receipt of the withdrawal request and is subject to standard banking restrictions. You will be permitted to withdraw funds from your Caesars Racebook account to your personal checking account with electronic funds transfer if you have made at least one cleared deposit to your Caesars Racebook account using the same personal checking account. In addition, you may not withdraw any uncleared funds, although all winnings in excess of your uncleared funds amount may be withdrawn at any time. Caesars Racebook does not currently charge for this service. However, Caesars Racebook reserves the right to charge a fee without prior notice. You will be notified of Caesars Racebook applicable transaction fees, if any, prior to confirming your withdrawal request.
To withdrawl by check, please submit your check withdrawal request to [email protected].
7. Interest, Fees, and Collection Efforts
Caesars Racebook account balances accrue no interest. In the event there are unpaid fees and charges to your account, Caesars Racebook reserves the right to disable your account until your unpaid fees and charges are paid to Caesars Racebook.
Caesars Racebook reserves the right, at its sole discretion to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect from the responsible account holder any fees or charges incurred by Caesars Racebook due to dishonored financial instruments and expenses incurred as a result of our collection efforts.
8. Tax Obligations, Reporting and Withholding
You are responsible for the payment of any required taxes owed on any gambling income or other any other income received in connection with your use of the Services.
By law, any wager which results in proceeds of $600.00 or more must be reported to the Internal Revenue Service (IRS), if the amount of such proceeds is at least 300 times as large as the amount wagered. Any wager, which results in proceeds of more than $5,000.00, is also subject to reporting and withholding, if the amount of such proceeds is at least 300 times as large as the amount wagered.
If you are subject to IRS reporting or withholding requirements, we will send you a Form W2-G summarizing information for tax purposes following the winning wager, less any applicable withholding, being deposited into your account.
IRS W2-G Withholding Policy: Any winning wager or groups of identical wagers (same track, race, pool and winning numbers) whose individual odds are 300-1 or greater and whose winning dollar value either individually or when added together exceeds $5,000 (minus the amount of the individual winning wager(s)) is subject to an IRS withholding tax at the rate of 24 percent.
Caesars Racebook may also withhold any and all applicable state or local taxes as required by applicable law.
If Caesars Racebook does not withhold any amount from your winnings for tax purposes, that does not indicate that you have no tax liability on your winnings. Consult a tax advisor if you have any questions about your tax obligations.
9. Liability Limit
Except as provided otherwise by applicable gaming regulations or other applicable law, in no event will Caesars Racebook, Caesars, each of their respective affiliates, and each of the foregoing entity’s respective directors, officers, employees, agents, contractors, suppliers or representatives be liable for lost profits or any special, incidental or consequential, exemplary or punitive damages arising out of or in connection with the transactions conducted through Caesars Racebook, regardless of whether losses or damages are attributable to negligence or misconduct. Notwithstanding the foregoing, any liability of Caesars Racebook, its directors, officers, employees, agents, contractors, suppliers or representatives shall be limited to $100 to the extent such limitation is permitted by applicable law.
10. Indemnification
You agree to defend, indemnify and hold harmless Caesars Racebook, Caesars, each of their respective affiliates, and each of the foregoing entity’s respective directors, officers, employees, agents, contractors, suppliers and representatives, from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms of Service or your use of the Services. The foregoing indemnification obligation shall survive termination or modification of these Terms of Service.
11. Disclaimer of Warranties
Caesars Racebook and Caesars make no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose of any information contained in the documents and related graphics published on the Services. Our Services and the materials therein are provided “as is” and “as available” without warranty of any kind. We do not promise that our Services or any services offered on our Services will be error-free or uninterrupted.
To the MAXIMUM extent permitted by law, we expressly disclaim all representations, guarantees, AND WARRANTIES, express or implied, of any kind with respect to our Services, including but not limited to, the implied warranties or merchantability and fitness for a particular purpose.
12. Intellectual Property
Unless otherwise indicated, all text, graphics, icons, logos, buttons and images on the Services (collectively, “IP”) are copyrighted materials or trademarks of, and owned and controlled by, Caesars Racebook or its licensors, including Caesars. Reproduction of IP from the Services may be a violation of copyright, trademark or other applicable intellectual property laws, in the U.S. and/or internationally. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information contained herein.
All software used on the Services is the property of Caesars Racebook, its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de¬compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of the Services without the express written permission of Caesars Racebook. The Services may also contain third party trademarks and service marks of participating gaming establishments licensed by various federal and state regulatory bodies to conduct wagering activity connected with the Services. All marks are the property of their respective holders.
13. Third Party Content
Third Party Content and Hyperlinks
You may encounter, directly or indirectly, third party content, hyperlinks and references to external third party websites on the Services. Such third party content may include the views, opinions, and recommendations of such third parties. Caesars Racebook neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency or reliability of such information including, but not limited to, wagering and race information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on the Services be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will Caesars Racebook, its licensees and/or their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies or their respective officers, directors, employees, representatives and agents, be liable for any loss or damage caused by your reliance on such third party information.
Axcis Information Network
(a) Axcis Information Network, Inc. (“Axcis”) is not responsible for any incorrect or inaccurate information no matter what the cause and Axcis assumes and shall have no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or with respect to any data.
(b) Axcis shall not be responsible for injury or damage to your or to any other person's computer, software, servers or any peripherals related to or resulting from participation in any contest.
(c) IN NO EVENT WILL AXCIS, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF OR RELIANCE UPON DATA. WITHOUT LIMITING THE FOREGOING, ALL DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
(d) IN NO EVENT WILL AXCIS, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING FROM CLAIMS AND/OR GUARANTEES MADE BY ANY INTERNET SITES.
(e) You agree and acknowledge that the foregoing limitations represent a reasonable allocation of risk and that they shall apply notwithstanding the failure of essential purpose of any limited remedy.
14. Disputes/Governing Law
These Terms of Service and all transactions conducted with Caesars Racebook are governed by the laws of the State of Oregon (and where applicable Minnesota law). By using our Services and wagering system you consent to the application of Oregon law (and where applicable Minnesota law) and you consent to the jurisdiction of federal and state courts located in the State of Oregon (and where applicable Minnesota courts). Any disputes or claims alleging non-payment will be resolved according to the rules issued by the Oregon Racing Commission. Any disputes or claims alleging non-payment concerning a Minnesota account holder will be resolved under the laws of Minnesota and under direction of the Minnesota Racing Commission.
15. Wager Responsibly
Caesars Racebook encourages responsibility in gambling behavior. If you or anyone you know have a gambling problem, or suspect may have a gambling problem please contact the National Council of Problem Gambling (http://www.ncpgambling.org) toll free at 1-800-522-4700. If you would like to take advantage of the self-limit or self-exclusion options for the Services, please call 1-866-775-9880 to learn more.
16. Other
As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner, which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. Any conduct that in Caesars Racebook's sole discretion restricts or limits any other user's use or enjoyment of the Services will not be tolerated and is sufficient cause for termination of service without notice. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Services.
Caesars Racebook shall have the right, but not the obligation, to monitor the content, and your usage of the Services, to determine the compliance with the terms of use and any other operating rules established to satisfy any law, regulation, or authorized government request.
Caesars Racebook has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Services or any other Caesars Racebook/NYRA services, or your access to or use thereof, at any time, if we believe you are in breach or violation of (1) these Terms and Use, (2) the policies of Caesars Racebook, Caesars and/or their respective affiliates, or (3) applicable law, or for any other reason without notice or liability.
17. Contact Caesars Racebook
If you have any questions or need assistance with respect to your account, please contact 1-866-775-9880 to speak with the Caesars Racebook Customer Service Team. All calls will be monitored and recorded.
18. Arbitration
Excluding disputes that are the exclusive jurisdiction of state or local gaming regulators, any claims or controversy arising out of or relating to the Terms of Service, including the determination of the scope or applicability of the Terms of Service and our use of electronic services providers, shall be determined by arbitration. Any claims or controversy alleging non-payment concerning a Minnesota account holder will be resolved under the laws of Minnesota and under direction of the Minnesota Racing Commission. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Oregon state, or where applicable, Minnesota or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the AAA Commercial Arbitration Rules), apply the laws of Oregon 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 Oregon, or where applicable, Minnesota. 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 Terms of Service is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Terms of Service, which shall remain valid and enforceable according to their terms. No waiver of any breach or default of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms of Service excludes the application of the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms of Service and the use of the Services must be commenced within one (1) year after such claim or cause arose or you waive such claim or cause of action, including the ability to arbitrate the matter. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
NO CLASS ACTIONS – YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OF A CLASS ACTION.
19. Modification and Amendments
You fully understand and agree to be bound by these Terms of Service and as modified and/or amended by us from time to time. We may amend these Terms of Service at any time either by emailing or sending you notification of the new terms and/or by publishing the modified Terms of Service on the relevant page of the Services or any place through which you access the Services. If any modification is unacceptable to you, your only recourse is to terminate these Terms of Service. Your continued use of the Services following notification will be deemed binding acceptance of the modification.
20. ILLINOIS SURCHARGE
Illinois law requires all ADW providers licensed in the
State to impose a surcharge amounting to 0.38% (0.0038) on winning wagers and
winnings from wagers placed by Illinois residents, which must be deducted from
winnings prior to payout.
Payment Terms & Conditions
You must fund your Caesars Racebook account in order to place wagers using the Caesars Racebook website or mobile application (collectively, the “Services”). You may fund your Caesars Racebook account using any of the options described below. By funding your Caesars Racebook account by any available funding method, you agree to the then-current terms and conditions that are applicable to your selected funding method, and you acknowledge and confirm that you are funding an account on your behalf only and not on behalf of another person. You understand and acknowledge that it is a violation of state and federal law to allow another person to use your account or for you to place a bet on another person’s behalf. Funding options and terms and conditions are subject to change at any time.
Debit and Credit Card Funding Online
You can fund your Caesars Racebook account using your credit card or debit card as a cash advance online, up to the allowable limits. Online credit card deposits are subject to a $5 convenience fee per transaction. In addition, please be aware that some banks or credit card providers may charge a cash advance fee. Please check with your credit card provider or bank for details. The Online Credit Card and Debit Card Funding daily limit is $1,000 maximum in one day and in any single transaction. Online Credit Card and Debit Card Funding is further subject to an aggregate limit of $3,000 during any seven (7) day rolling period and an aggregate limit of $5,000 during any thirty (30) day rolling period. All funding deposits made by credit card must be at least $25 per transaction.
Express Funding and Enhanced Express Funding
If you qualify, you can use our Express Funding option to instantly fund your Caesars Racebook account by either electronic funds transfer or physical check from your personal checking account. Express Funding is only available if your personal checking account is registered in the electronic funds transfer system. With Express Funding, qualified deposits will result in immediate credits to your Caesars Racebook account, up to the allowable Express Funding limits. Certain customers may be eligible for higher deposit limits under our Enhanced Express Funding program.
In order to use Caesars Racebook Express Funding, you must enroll and agree to all policies, procedures and instructions of the Caesars Racebook Express Funding program available on the Caesars Racebook service. By enrolling in Express Funding, you must also follow the Caesars Racebook Electronic Withdrawal procedures available on the Caesars Racebook service.
Express Funding is not available to all users. Caesars Racebook reserves the right to authorize an account holder to qualify for Express Funding or Enhanced Express Funding at its sole discretion if deemed warranted. Enhanced Express Funding privileges are reviewed on the first calendar day of each month. Those users that qualify will be notified via email. It is incumbent upon the user to make sure a proper working email is provided to Caesars Racebook for this communication.
Upon your deposit request, confirmation and approval of the Express Funding eligibility screening, your Caesars Racebook account will be immediately credited within the allowable Express Funding or Enhanced Express Funding limits.
To make an Express Funding deposit, you must provide your bank routing number, checking account number, and any other information required by Caesars Racebook to process your deposit request. In addition, to make an Express Funding deposit by physical check, you must submit a deposit slip and select the Express Funding option. Such deposit requests will be processed after receipt by Caesars Racebook. Caesars Racebook is not responsible for delayed deposits due to illegible deposit slips.
An account holder’s first Express Funding deposit is limited up to a maximum of $200. Following the successful clearance of your first Express Funding deposit, the Express Funding daily limit shall be $500 maximum in one day and in any single transaction. Express Funding is further subject to an aggregate limit of $1,000 over any rolling seven (7) calendar day period.
Select customers will be eligible for Enhanced Express Funding with increased funding limits of $1,000 per day and $5,000 over any rolling (7) calendar day period. To qualify for Enhanced Express Funding the account holder should meet the following minimum criteria: (i) the account holder must have been a member of Caesars Racebook for at least six (6) months; (ii) no check or ACH deposits by the account holder have ever been returned; and (iii) the account holder has wagered a minimum of $1,000 through Caesars Racebook during any of the previous six (6) months.
ACH Funding
If you do not qualify for Express Funding or Enhanced Express Funding, you can fund your Caesars Racebook account using your personal checking account with electronic funds transfer (ACH). You may register no more than one (1) personal checking account for this service at any time.
Caesars Racebook does not currently charge for this service. However, Caesars Racebook reserves the right to charge a fee in the future. If this occurs, you will be notified of Caesars Racebook’s applicable transaction fees prior to confirming your deposit request.
You authorize Caesars Racebook, under any of its affiliated description or processing codes (including without limitation, “Bet Racing NYRA”), to electronically debit your checking account via ACH for the amount of each deposit made by you plus any and all applicable fees. You may revoke this authorization by calling 1-866-775-9880 to speak with the Caesars Racebook Customer Service Team. You understand that this authorization will remain in full force and effect until five (5) business days after you notify Caesars Racebook by phone that you wish to revoke this authorization. You understand that Caesars Racebook requires at least five (5) business days’ notice in order to cancel this authorization. For avoidance of doubt, Caesars Racebook makes no guarantees or representations regarding the cancellation of any transaction made before, or less than five (5) business days after, a revocation request.
Upon your deposit request confirmation, your Caesars Racebook account will be credited with the amount you deposited after a four (4) business day waiting period.
To deposit by electronic funds transfer, you must provide your bank routing number, checking account number, and any other information required by Caesars Racebook to process your deposit request.
By providing your checking account information, you authorize Caesars Racebook to store your information in secured electronic format or any other method selected by Caesars Racebook in order to provide this service to you on a continuing basis.
By providing your checking account information, you agree that you take full responsibility for all deposits made to your Caesars Racebook account.
If a check deposit is returned unpaid from your bank, you will be responsible to pay Caesars Racebook for funds provided to your Caesars Racebook account and all fees incurred by Caesars Racebook as a result of this unpaid deposit transaction. Caesars Racebook reserves the right to recover unpaid deposits and fees from your Caesars Racebook account, through collection procedures, and to seek any and all relief that may be available to Caesars Racebook at law or in equity.
Green Dot MoneyPak
You may also purchase a Green Dot MoneyPak at retail stores nationwide and deposit to your Caesars Racebook account. Find a location near you to purchase a Green Dot MoneyPak.
MoneyPak is provided by Green Dot Corporation. By purchasing or using a Green Dot MoneyPak, you are subject to the MoneyPak Terms and Conditions (https://www.greendotnetwork.com/content/docs/moneypak-terms-and-conditions.pdf). Green Dot and MoneyPak are registered trademarks of Green Dot Corporation.
PayNearMe
PayNearMe is an easy, convenient funding option that allows you to fund your Caesars Racebook account through your local CVS or 7-Eleven. Sign into your Caesars Racebook account and select PayNearMe as your deposit method to get set up. After completing the setup process, present the receipt to the cashier at the location in order to fund your account. Receipts can either be printed or sent directly to your mobile device.
By using or accessing the PayNearMe payment network, the PayNearMe website, or the PayNearMe software applications on a computer or mobile device, you agree to the PayNearMe Terms of Service (available at https://www.paynearme.com/doc/bn_user/tos).