Terms of Use

TERMS OF USE

Last Revised: January 24, 2024

Please play responsibly. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER or visit the Responsible Gaming & Patron Protection page at https://espnbet.com/help/rg for more information and resources available to you.

1. ACCEPTANCE OF TERMS

The website https://www.espnbet.com/ (“Site”) and the related mobile, tablet and other sportsbook applications (collectively “ESPN BET”), and where available, the igaming application “Hollywood Casino” (ESPN BET and Hollywood Casino are collectively the “Apps”) are owned, controlled and/or operated by Penn Sports Interactive, LLC and its affiliates (collectively referred to as “PSI” herein). PSI permits access to and use of the Site and its Apps (collectively the “Service”) subject to the following Terms of Use (“Terms”). PSI may, at its discretion, update the Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the “Terms of Use” link at the bottom of each page of the Site or otherwise made available within the Service and Apps. The use of the Services is subject to all applicable federal laws and regulations for the Permitted Jurisdiction for which you have an Account(s) and utilize the Services. You will be required to establish an Account (as defined below) in order to access and use the Services.

If you have any questions regarding the Services, please contact the customer support team (“Customer Support”) at [e-mail].

2. GOVERNING DOCUMENTS

(a) Jurisdiction Specific Terms. In addition to these Terms, there are jurisdiction-specific terms unique to each jurisdiction in which PSI offers the Services (“Jurisdiction Terms”). The Jurisdiction Terms for each jurisdiction can be found at https://espnbet.com/legal/state-terms. To the extent certain provisions of these Terms are distinct and specific for each jurisdiction, it will refer to the provisions of the applicable Jurisdiction Terms.

(b) Privacy Policy. In addition to the Terms, PSI’s Privacy Policy at https://espnbet.com/legal/privacy (“Privacy Policy”) governs your access to and use of the Service.

(c) Betting Rules. In addition to these Terms, the Betting Rules at https://espnbet.com/help/house-rules (“Betting Rules”) govern your access to and use of the sports and event betting-related Services and placement of sports and event Wagers with PSI.

(d) End User License Agreement. In addition to these Terms, the End User License Agreement at https://espnbet.com/legal/eula (“EULA”) governs your access and use of the Apps.

(e) Other Terms and Rules. From time to time, PSI may post additional terms, rules, guidelines or policies related to promotions, special offers, bonuses and/or any other parts of your access and use of the Services (“Special Rules”).

(collectively, along with these Terms, the “Governing Documents”)

PLEASE REVIEW THESE TERMS AND THE GOVERNING DOCUMENTS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, DO NOT ACCESS OR USE THE SERVICE.

To the extent there is a conflict between the Betting Rules and these Terms, the Betting Rules shall govern to the extent of such conflict. To the extent there is a conflict between the Special Rules and these Terms, the Special Rules shall govern to the extent of such conflict. To the extent there is a conflict between the Jurisdiction Terms and these Terms, the Jurisdiction Terms shall govern to the extent of such conflict.

To obtain a copy of these Terms or any Governing Documents, you may:

• Navigate to these Terms at https://espnbet.com/legal/terms or any of the Governing Documents at their respective URLs listed above on your computer and print a copy;
• Contact Customer Support at [e-mail] and request a copy; or
• Write to PSI at the following address and request a copy.

Penn Sports Interactive, LLC
825 Berkshire Boulevard, Suite 200
Wyomissing, PA 19610
Attention: ESPN BET

3. GRANT OF RIGHTS

(a) Subject to your compliance with the Governing Documents in all material respects, PSI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view and use the Service for your personal, non-commercial use only.

(b) To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the Terms in all material respects, PSI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by PSI for accessing such components and only for your personal, non-commercial purposes.

(c) Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by PSI.

(d)  PSI further makes available certain content and/or services through its mobile applications and third-party platforms, which are hereby deemed to be included as “Apps” as defined above. Your access to and use of Apps and Services is subject to the Governing Documents.

(e)  You acknowledge, agree, represent and warrant that (i) you are fully aware that there is a risk of losing money when placing a Wager by means of the Service; (ii) you are fully responsible for any such loss; (iii) it is your responsibility to ensure the details of Wagers are correct; and (iv) you are the only recipient of any winnings due to transactions on your Account and that no other person is entitled to any part of such winnings. You further agree that your use of the Services is at your sole option, discretion, and risk. In relation to any loss, you shall have no claims whatsoever against PSI, any of its affiliated companies or group of companies, licensors, service providers, or their respective directors, officers, members, management companies, employees, subcontractors, third party service providers, agents, representatives, or any affiliates of the foregoing.

4. RESPONSIBILITY FOR CONTENT AND RIGHTS TO CONTENT

(a) You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not PSI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not PSI, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).

(b) On the Services, you may elect to preclude your personally identifiable information from being used by us for marketing our Services, including the promotions, bonus bets, bonus spins, or other special offers referenced herein. Such election will not prohibit you from initiating sports wagers or receiving a prize or winnings and should you make this election, you acknowledge that your personally identifiable information will continue to be collected for such purposes. You further acknowledge and agree that such election does not affect the use of personal identifiable information that may be used by the us or our affiliates for purposes other than for the Services in accordance with our Privacy Policy (https://espnbet.com/legal/privacy).

(c)  You acknowledge and agree that PSI has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although PSI reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Content. Without limiting the generality of the foregoing, PSI shall have the right to remove any Content that violates the Terms or that it deems objectionable.

(d)  To the extent that you upload, post, email, transmit, or otherwise make available any Content through the Service, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the Terms with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.

(e) PSI does not claim ownership of Your Content. However, you grant PSI and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(f) Except with respect to Your Content, as between you and PSI, you agree that PSI and/or its licensors own and retain all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the Terms, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by PSI. PSI reserves all rights not expressly granted to you.

(g) Certain Content is reproduced by PSI under license, as set forth within the Copyright Notices, available at https://espnbet.com/legal/copyright-notices.

(h) The names, logos and other trademarks of PSI and its licensors are identified within the Trademark Notice, available at https://espnbet.com/legal/trademark-notices  (“Marks”). The absence of any name, logo, icon or other trademark from such list does not constitute a waiver of any intellectual property rights that PSI and/or its licensors may have established in such name, logo, icon or trademark. You agree not to display or use in any manner any Marks without PSI’s or its licensor’s prior written consent. The exclusive rights to the Marks are hereby expressly reserved by PSI and its licensors.

5. USER CONDUCT

In connection with your access to or use of the Service, you shall not:

(a) upload, post, email, transmit or otherwise make available any Content or material that:

(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;

(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);

(iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;

(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or

(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;

(b) impersonate any person or entity, including, but not limited to, PSI personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(d) act in a manner that negatively affects the ability of other users to access or use the Service;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;

(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(g) attempt to gain unauthorized access to any parts of the Service, the servers or networks on which the Service are hosted, or any servers, computers, networks or databases used by or otherwise connected with the Service;

(h) use spiders, crawlers, robots, bots, artificial intelligence, or any other similar means to access or use the Service or substantially download, reproduce or archive any portion of the Service;

(i) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password;

(j) engage in any activity regarding methods of violating the Governing Documents, including cheating or collusion techniques; or

(k) violate any applicable local, state, provincial, federal, national or international law or regulation.

6. REGISTRATION AND OPENING AN ACCOUNT

(a) In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms; and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PSI reasonably suspects that you have done so, PSI may refuse to register, suspend or terminate your Account at its sole discretion.

(b) In order to register a player account for the Service (an “Account”), you hereby agree, represent and warrant that:

(i) You are at least the legal gambling age in the jurisdiction in which you reside, as listed in subsection (e) below. It is an offense for anyone under the legal gambling age to open an Account or to gamble within the Service. PSI reserves the right to request proof of age documentation from any applicant or customer at any time and to void any wagers with minors;

(ii) You agree to provide true and accurate registration information when opening your Account, including (depending on the Permitted Jurisdiction for which you are creating an Account), without limitation, your correct date of birth, the last four digits of your social security number, your current address, email address, personal telephone number, occupation and such other information as PSI may request, including a unique username and password, and verify whether you would like to implement strong authentication for your Account. You further agree to inform PSI of any changes in such details;

(iii) You register and use only one (1) account using your own legal name;

(iv) You acknowledge that you are opening your account with the Service solely for your personal use, and you are not acting on behalf of any third party;

(v)  You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;

(vi) You are entirely responsible for complying (and for confirming that you comply) with your own local, national, federal, state, provincial or other laws concerning betting and gaming prior to opening an Account with PSI, placing any bets, stakes or wagers with PSI (collectively “Wagers”) or using the Service or any parts thereof. In particular, if you are physically located outside of a Permitted Jurisdiction (as defined below) while you are accessing the Service, you must not place or attempt to place a Wager on the Service;

(vii) You are legally capable of entering into binding contracts, including the Governing Documents and each subsequent Wager (which shall be governed by the Governing Documents);

(viii) You are not prohibited for any reason from using the Service. You further agree to inform PSI of any changes in such details;

(ix) You are not currently subject to a self-exclusion from the Service and no operator (including PSI) has excluded you, from gambling; and

(x) You are not an Excluded Person or a Prohibited Participant. You agree that you shall immediately notify PSI via email to [e-mail], in the event you become an Excluded Person or a Prohibited Participant.

(c) You are fully responsible for all activities that occur under your Account. You shall not allow another person to access and use the Services using your Account. You are responsible for keeping your username, password and all log-in details confidential and you may not share your Account or password with anyone. You shall not attempt to access or use the Service by means of another person’s Account. You agree to immediately notify PSI of any actual or suspected unauthorized use of your Account or password or any other similar breach of security. PSI will not be liable for any loss you incur due to any unauthorized use of your Account.

Account Holders may change or reset their password by logging into their Account or by calling Customer Service and verifying their identity. Visit our Responsible Gaming & Player Protection Page for more information.

(d) Excluded Persons. As set forth in the Jurisdiction Terms (at https://espnbet.com/legal/state-terms), certain individuals may not be permitted to establish an Account or use the Service (each an “Excluded Person”).

(e) Underage Gambling. It is a criminal offense to allow a person who is under a certain age to participate in Internet or mobile gambling. PSI takes its age-verification responsibility very seriously. PSI carries out age-verification checks on all customers at the time of Account creation. PSI will ask for information to verify your age and identity (including requesting a copy of a government issued identification) and can restrict or suspend your Account until your age and identity are confirmed. By signing up for an Account, you consent to PSI’s confirmation of your age and identity. Please note that anyone under the permitted age for participating in Internet or mobile gambling found to be using the Services may be reported to law enforcement and be subject to other legal penalties. Please refer to the Jurisdiction Terms https://espnbet.com/legal/state-terms for more details regarding the legal age for gambling in each Jurisdiction where PSI offers the Services.

(f) Prohibited Participants. Any individual whose use of the Service may undermine the integrity of the wagering or the sporting event, or for other good reasons, including but not limited to (each a “Prohibited Participant”):

(i) any individuals placing a wager as an agent or proxy for another person;

(ii) any person who is an athlete, coach, referee, a player or a referee personnel member, in or on any sports event overseen by that person’s sport governing body;

(iii) a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including without limitation coaches, managers, handlers, athletic trainers, or horse trainers;

(iv) a person with access to certain types of exclusive information on any sporting event overseen by that person’s sport governing body; or

(v) Please also refer to the Jurisdiction Terms to determine if you are a Prohibited Participant as defined in the Jurisdiction Terms for each jurisdiction https://espnbet.com/legal/state-terms.

(g) No Use Outside of Permitted Jurisdictions. Certain United States Federal statutes, specifically 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 3163 - 3167 (UIGEA) and other applicable laws impose certain prohibitions and restrictions on Internet gaming. The availability of the Service does not constitute an offer, solicitation or invitation by PSI for the use of the Service to participate in Internet gaming outside any of the jurisdictions where PSI offers the Service (each a “Permitted Jurisdiction”). The Permitted Jurisdictions are listed at https://espnbet.com/legal/state-terms. PSI shall not be liable for any breach of any local, national, federal, state, provincial or other laws that may occur as a result of you using the Service. In order for you to access the Service to participate in Internet gaming, you will need to provide PSI and/or its third-party service providers with certain personal information, including information that will allow PSI to verify your physical location while using the Services. You hereby consent to PSI and its third-party service providers to monitor, record, and process your use of the Services, wagering activities, and geographic location information at all times, and you shall have no claims against PSI or its affiliates, licensors, directors, employees, or service providers in such regard. For more information about the processing of your information, please review the Privacy Policy at https://espnbet.com/legal/privacy.

(h) Violation of this Section. In the event that you are found to have breached any of the terms in this Section:

(i) PSI may suspend or terminate your Account;

(ii) PSI may cancel any Wager you may have placed;

(iii) PSI shall not be obligated to pay any winnings which might otherwise have been payable in respect of any Wager you placed; and

(iv) PSI may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.

7. SUSPICIOUS BETTING

(a) “Suspicious Betting” shall mean situations where PSI has reasonable grounds to believe that a Wager or a series of Wagers have been placed in suspicious circumstances. Suspicious Betting includes, but not limited to:

(i) Where there is an excessive frequency and/or highly unusual pattern of Wagers (by comparison with betting norms) placed on the same selection(s) in a short space of time;

(ii) Where there is an excessive frequency and/or highly unusual pattern of Wagers placed on the same selection(s) and where the theoretical probability of said selection(s) winning at the time of Wager(s) placement, based on the odds covered on the selection(s) at the time of Wager placement, is largely inconsistent with the theoretical probability of the same selection(s) winning calculated using their starting prices;

(iii) Where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional form which PSI reasonably believes was known to you or someone connected to you at the time of Wager’s placement but was concealed from the public generally in order to gain an unfair advantage in any Wagers placed on that event (or those events);

(iv) Where PSI have reasonable grounds to suspect that a Wager or a string of connected Wagers were placed robotically, by automated means, or other than by Account owner placing each Wager manually via his/her Account;

(v) Where PSI reasonably believes that you have used unfair external factors or influences connected with the event(s) which are the subject of any Wager(s);

(vi) Where PSI reasonably suspects that you have opened duplicate Accounts or where it reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Wagers placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;

(vii) Where PSI otherwise believes, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf;

(viii) Where PSI reasonably believes that Wagers have been placed from a location or device other than the location or device which you claim to have used to place a Wager; or

(ix) Unusual betting activity that cannot be explained and is indicative of match fixing, the manipulation of an event, misuse of inside information, or other prohibited activity.

(b) In the case of any Suspicious Betting, and without restricting other remedies available to PSI under applicable law, PSI may, acting reasonably, and depending on the circumstances:

(i) Request such further information from you as may be reasonably required by PSI to investigate whether the Wager or Wagers constitute Suspicious Betting;

(ii) Suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by PSI of satisfactory evidence from you in order for it to determine (acting reasonably) that a placed Wager does not constitute Suspicious Betting. You further acknowledge and accept that PSI reserves the right, at its sole discretion, to collect and process any information in connection with your betting patterns, personal data, depositing of funds and any other related information and inquiries that will help it to investigate any suspected breach of these Terms;

(iii) Suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by PSI, any sport governing body, a gambling regulator, a law enforcement authority or any other third party);

(iv) Void a Wager or a string of connected Wagers (including for example multiples) prior to the event. Where possible, PSI shall communicate to you in advance that the Wager(s) has (or have) been voided prior to the (first) event the subject of the Wager(s);

(v) Calculate any winnings based on the starting price of the event(s) the subject of the Wager(s). Where possible, PSI shall communicate to you in advance that any Wager(s) will be settled at the starting price; or

(vi) Where there is an excessive frequency and/or unusual pattern of Wagers placed on the same selection(s) in a short space of time and where PSI has reasonable grounds to suspect that the Wagers are connected Wagers, limit the payment of winnings in respect of those Wagers (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Wagers on any particular market or markets as set out in the Betting Rules.

(c) Where PSI has reasonable grounds to believe that you have participated in, or have been connected with, any type of Suspicious Betting, it shall use reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.

(d) Where a Wager is deemed to be, or is declared, void by PSI prior to an event, any sum deducted from your Account with respect to that Wager shall be credited back to your Account.

(e) PSI reserves the right to terminate an Account if it reasonably suspects any Suspicious Betting in connection with that Account.

(f) PSI reserves the right to seek to recover from you any losses it suffers that are directly or indirectly connected to any of the activities deemed to be Suspicious Betting. This right is without prejudice to any other rights that PSI may have whether under these Terms or otherwise under applicable law.

(g) PSI will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of the collusive or other behavior in breach of this Section 7. Further, PSI reserves the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in Section 7.

(h)In exercising any of its rights under this Section 7, PSI shall ensure that it exercises such rights in a manner which is fair to you and to its customers generally. If you have any comments or questions in respect of this Section 7, please contact Customer Support.

8. ACCOUNT SUSPENSION OR TERMINATION

(a) Without restricting PSI’s ability to rely on other remedies that may be available to it, PSI may suspend or terminate your Account and/or cancel any Wagers placed by you, at its sole discretion, if you are suspected of any of the following:

(i) Engaging in illegal or fraudulent activity while using the Service;

(ii) Breaching any term of these Terms, the Betting Rules or any of the Governing Documents;

(iii) Taking unfair advantage over PSI or any other player or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in the App or Service, by collusion or by any other means);

(iv) Becomes an Excluded Person or a Prohibited Participant, or PSI is made aware from a third party that you are an Excluded Person or a Prohibited Participant; or

(v) Unable to meet your payment obligations, have become bankrupt or that you may have self-excluded.

(b) PSI may suspend or terminate your Account and/or cancel any Wagers placed by you if PSI is required to do so by law.

(c) Irrespective of whether PSI suspends or terminates an Account and notwithstanding any other provisions in these Terms, PSI may decide to cancel or void any wager at its sole discretion where:

(i) where in its reasonable judgment, there is a palpable error in the terms of a wager offered to, or placed by, any party; and

(ii) where a technical malfunction occurs, all pay and plays will be canceled or voided.

(d) If you have a question relating to your Account, it is your responsibility to notify Customer Support promptly, providing as much information as may be required by the Customer Support agent.

(e) Following termination or suspension of your Account, PSI may, in the normal course of business, return any funds in your Account. Please contact Customer Support to request any funds held in suspended or closed Accounts. However, PSI reserves the right to withhold the funds in your Account from you pending the determination of any investigation (including any relevant external investigation) where:

(i) PSI suspects you have acted in breach of these Terms or any other agreement relevant to your activities within the Service, including where PSI suspects the Account has been linked with fraudulent activity and/or Suspicious Betting; and/or

(ii) PSI has to withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.

(f) If an internal or external investigation reasonably demonstrates that you have acted in breach of these Terms, the Governing Documents, any other agreement relevant to your activities on the Services, or that your Account has been linked with fraudulent activity and/or Suspicious Betting, PSI reserves the right to seize some or all of the funds in your Account. The disposition of any funds obtained by PSI in this manner will be at its sole discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority. In addition, if formally requested by law enforcement, gaming regulators, or taxation or other authorities, or in the event that you fail to provide PSI with sufficient information to identify yourself in accordance with PSI’s internal procedures or those procedures imposed on it by the gaming regulatory authorities (“Gaming Authorities”) for a Permitted Jurisdiction and/or other authorities, PSI may suspend your Account and all functionality relating to the use of your Account (e.g. wager management and withdrawal of funds) and withhold from you any funds in your Account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary ‘know your customer’ or ‘age verification’ information as appropriate.

(g) For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your Account.

9. DEPOSIT AND WITHDRAWALS

(a) Deposits. To wager on sporting events or icasino games on the Service, you need to deposit funds in your Account. All funds in Accounts are held in a separate account held in the name of PSI, the applicable licensed gaming operator or other party authorized by the relevant Gaming Authority(ies) for each Permitted Jurisdiction. See https://espnbet.com/legal/state-terms for more details.

Funds deposited via a payment processor may take a few days to clear before they are held in this account, during which time they will be held in the account of the relevant payment processor. The funds in your Account are held on your behalf by way of security to meet any payment obligations you may incur as a result of placing Wagers on the Services or using any of the other products or services supplied by PSI. Please note that interest is not payable on the funds held in your Account. You undertake that:

(i) All money that you deposit in your Account originates from a payment source of which you are the legal owner;

(ii) All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and

(iii) All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.

You accept that all transactions on your Account may be subject to anti-money laundering and source of funds due diligence, and that any transactions made on your Account which PSI deems suspicious may be reported to the appropriate authorities.

(b) Depending on the Permitted Jurisdiction in which you use the Services, deposits to your Account may be made using methods including but not limited to the following:

(i) ACH/EFT (electronic checking or direct deposit): You can electronically transfer funds between your bank account and your Account.

(ii) DEBIT AND CREDIT CARDS: Debit and Credit cards with a MasterCard or VISA logo can be used to make deposits. Please note that not all issuing banks will process debit and/or credit transactions related to online gaming.

(iii) WIRE TRANSFER: A direct payment from your bank account into your Account on the Service.

(iv) DIGITAL PAYMENT VEHICLE: You can deposit funds to your Account using a digital payment vehicle (e.g. ApplePay) payment system.

(c) Credit Card Chargeback Fees. Each credit card chargeback transaction that you initiate will be assessed a $50.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Any credit card chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed.

(d) Withdrawals. PSI performs a number of controls and checks before any withdrawal request is processed.  These checks are part of PSI’s ongoing commitment to maintaining the security of customers’ Account and funds. PSI may request a copy of a valid government issued identification from you to confirm your identity when you request a withdrawal.  PSI may also request evidence of your ownership of and control over the account to which you are directing funds to be deposited.  Depending on the Permitted Jurisdiction in which you use the Services, withdrawals from your Account may be requested using methods including but not limited to the following:

(i) via the App for ACH/EFT, payment network original credit transfer (OCT) via Visa Direct, or via PayPal;

(ii) by contacting Customer Support for wire transfer withdrawal; or

(iii) by contacting Customer Support to facilitate an in-person withdrawal at a kiosk location stated in the respective Jurisdiction Terms https://espnbet.com/legal/state-terms for the Permitted Jurisdiction(s) you are physically in.

Once you request a withdrawal, the Customer Support team will process the request and may contact you for further information to process the withdrawal request. PSI endeavors to process withdrawals within five (5) calendar days, however this timeline may be impacted by PSI’s internal control procedures and the time it takes to receive any requested documentation. The availability of withdrawn funds may be subject to standard banking restrictions.

(e) Third Party Payment Processors. PSI may use one or more third party payment processors to process deposit and withdrawal requests. You acknowledge and understand that PSI’s payment processors may impose limits on the number of bank accounts you may associate with your Account, impose limits on the number of credit or debit cards you may use on the Service, perform ‘know-your-customer’ procedures to verify your identity, and perform anti-money laundering, anti-fraud, and source of funds verification when you deposit and withdrawal funds to and from your Account.

(f) Eligible Balance. In order to facilitate the provision of the Services to you in the Permitted Jurisdictions, PSI allows you to direct PSI to make your Eligible Balance (as defined below) available to you for wagering in each Permitted Jurisdiction in which you have an Account. As you travel into each Permitted Jurisdiction, you must consent to PSI making your Eligible Balance available in your Account for the Permitted Jurisdiction in which you are physically located while you use the Services. Each Permitted Jurisdiction may have its own criteria in determining whether certain funds are permitted to be used for wagering, which shall be the determination of existing funds that will be made available to you in each Permitted Jurisdiction (the “Eligible Balance”). For example, if you have an Account in a Permitted Jurisdiction which permits credit card deposits and subsequently travel to another Permitted Jurisdiction which prohibits credit card deposits, your Eligible Balance for wagering will not include funds that are associated with credit card deposits.  You hereby acknowledge and agree that certain Permitted Jurisdiction may restrict the availability of certain portions of the funds in your Account for wagering, and in such instances, such portions of funds in your Account remains on your Account and may be withdrawn from your Account, but will not be an Eligible Balance for wagering within that Permitted Jurisdiction. Funds, as used in this section, shall mean cash and cash equivalent, including without limitation, bonus bets, bonus spins, eligible cashback, and other credits, available to be used for wagering purposes within the Services.      

10. PLACING WAGERS

(a) Customers can only wager up to the amount of the Eligible Balance or the limit as set out in the Betting Rules, whichever is the lesser. The minimum and maximum wager per selection is determined exclusively by PSI and is stated in the App.

(b) PSI reserves the right to accept or decline the whole or part of any proposed wager.

(c) Wagers placed by you prior to the receipt by PSI of cleared funds from a payment processor may be voided at PSI’s sole discretion.

(d) Each Wager will be given an individual number as confirmation of the wager. Wagers will be valid (subject to meeting the criteria for placing a wager laid down in the Terms) if accepted by the App and a wager confirmation code is provided by PSI. PSI is not liable for the settlement of any wagers where it has not issued a confirmation of acceptance of the wager or where it is unable to display that wager in the ‘My Bets’ pages of the Service. It is the customer’s responsibility to ensure that all of the details of each wager are correct. Once a wager has been confirmed by PSI, that wager cannot be canceled by the customer. If you have any concern as to whether your wager has been accepted, please log in and go to the ‘My Bets’ pages of the Service where details of all live wagers entered into by you will be displayed.

(e) YOU MUST EXERCISE YOUR OWN JUDGMENT IN PLACING A WAGER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL SPORTS DATA, ANALYSIS, NEWS, EDITORIAL CONTENT, REPORTS, RECOMMENDATIONS, SUGGESTIONS, AND OTHER INFORMATION PRESENTED ON THE APP, THE SERVICES, OR OTHERWISE MADE AVAILABLE BY, PSI, AND/OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES AND/OR PERSONNEL ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATIONS OR WARRANTIES ON THEIR ACCURACY, CORRECTNESS, TIMELINESS, OR USEFULNESS. FURTHER, IN THE CASE OF LIVE BETTING EVENTS, YOU MAY NOT BE ABLE TO SEE OR OTHERWISE BE PROVIDED WITH THE MOST UP-TO-DATE INFORMATION IN THE SERVICE IN RELATION TO THE RELEVANT EVENT, INCLUDING FOR EXAMPLE (BUT WITHOUT LIMITATION), THROUGH DELAYED COVERAGE, A SLOW CONNECTION OR EQUIPMENT, DELAYED SCORING OR OTHER DATA UPDATES, OR OTHER SYSTEM FLAWS, FAULTS, ERRORS OR SERVICE INTERRUPTION. PSI SHALL NOT BE LIABLE FOR ANY DELAY IN RELAYING UP-TO-DATE INFORMATION AND/OR DATA FOR ANY EVENT.

(f) You agree to pay PSI for all Wagers that are placed with it using your Account.

(g) Wagers must be made via the Site and/or Apps (as available).

(h) Please familiarize yourself with betting and gaming terminology and how the various wagers and games are operated. If you have any questions relating to the foregoing, please contact Customer Support or visit our Help Center https://espnbet.com/help. PSI cannot accept any responsibility if you place a wager in circumstances where you do not fully understand any of the terms involved or how the wager or game is operated.

(i) On occasion the prices available across the various Services may not be the same: for example, a price on an App may not be the same as those prices available on other Services. PSI accepts no liability for the fact that a customer could have obtained a different price through some other medium.

(j) Guaranteed prices and other special offers or promotions are available at the discretion of PSI and can be restricted on an individual Account basis at any time.

(k) Except as otherwise described herein or within an applicable Jurisdiction Term, PSI is not responsible for any taxes that may be payable by you whether on any wagers, on any winnings or otherwise. You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings or prices paid to you by PSI or any other related or affiliated entity, subject to applicable local, state, provincial and/or federal tax laws and regulations.

(l) You hereby explicitly consent to PSI performing background checks (including but not limited to credit checks and/or review of your social media sites) on you for any reason related to your use of the Services, including (without limitation) in circumstances when you have won a jackpot or other prize that is subject to withholding for child support arrears under applicable law.  PSI shall not be under any further obligation to advise you of any such background check.  Such background checks may also include the use of third-party companies who perform the investigation as required.  PSI may decide, in its sole discretion, to block your Account and/or restrict funds in your Account on the basis of such background check.

(m) With the exception of Live Betting events, Wagers are accepted up to the off-time of the event or a pre-determined time, whichever is earlier. PSI reserves the right to void any Wager if accepted in error after the betting has closed or where the event was resolved or at a stage where the customer could have an indication of the outcome. In such circumstances, PSI will normally return your stake.

(n) PSI reserves the right to impose a bet delay on any Live Betting event.

(o) PSI reserves the right to void any or all Wagers made, by any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud PSI.

(p) PSI may, at its sole discretion and without any requirement to give reasons, exclude any customer from the Service, in whole or in part, generally or from receiving selected promotions (e.g., guaranteed best price; eligible cashback; bonus bets; bonus spins; enhanced prices; and money-back specials) and any other promotions and offers introduced by it from time to time.

(q) In the event of there being a dispute over the time at which a wager was placed or whether a wager has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted wager was not recorded on the transactional log, no wager shall be deemed to have been placed. You should check your Account balance each time you visit the Services. If you have any concerns or complaints, please contact [e-mail]. If you feel you have exhausted all reasonable means to resolve your complaint, you may contact the relevant Gaming Authority. The contact information and dispute resolution process for the relevant Gaming Authority are listed in the Jurisdiction Terms https://espnbet.com/legal/state-terms.

(r) By offering to place a wager with PSI, and as a condition of PSI accepting your wager, you represent and warrant, that:

(i) You are not prohibited from entering into the Wager by any term of your contract of employment, these Terms or any rule of a sport governing body or other professional body of which you are a member, which applies to you;

(ii) Where the Wager is placed on the outcome of a race, competition or other event or process or on the likelihood of anything occurring or not occurring (“the event”), you do not know the outcome of the event;

(iii) You are not misusing Inside Information to place a wager; and

(iv) You are not an excluded person or a prohibited participant as defined in the applicable laws and regulations in the jurisdiction you reside, as further described in each set of Jurisdiction Terms (https://espnbet.com/legal/state-terms).

(s) In the event of any representation made by you in these Terms are proven to be false, PSI reserves the right to void Wagers, suspend your Account, and shall not be obliged to pay any winnings which might otherwise have been payable in respect of the Wager.

(t) In the event of a warning being received by PSI in relation to suspicious or irregular betting patterns and possible instances of event manipulation, PSI reserves the right, in its sole discretion, to:

(i) suspend its offering on any event or series of events in any of its markets; and

(ii) delay and/or withhold payment on any event or series of events until the integrity of such event or series of events has been confirmed:

a. by the relevant sports federation or governing body (where applicable); or

b. by PSI using its reasonable discretion.

(u) Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events (by the appropriate sports governing bodies or by any other means), PSI reserves the right, in its sole discretion, to suspend any wagers placed on such events, either by any individual identified as having misused Inside Information or by any other individual who in the reasonable opinion of PSI is connected to, acting in conjunction with, or in any way involved with such individual or the event manipulation.

(v) PSI reserves the right to refuse or limit any wagers or bonuses (for example by setting minimum and maximum amounts which will be set out in the Betting Rules, or by setting wagering requirements), or change such limits, at its sole discretion for any reason whatsoever without notice to you.

(w) Any Prohibited Wagers (defined below) placed will be voided by PSI. Please refer to the Betting Rules at https://espnbet.com/help/house-rules and the Jurisdiction Terms at https://espnbet.com/legal/state-terms for more details.

(x) “Inside Information” means any information which has not been made public and, if it were made public, would be likely to have a material effect on the relevant market relating to the event.

(y) “Live Betting” means wagering that takes place while an event is in progress.

(z) “Prohibited Wagers” means wagers that are prohibited or otherwise limited by a Permitted Jurisdiction, as further defined in the Betting Rules (https://espnbet.com/help/house-rules) and the Jurisdiction Terms https://espnbet.com/legal/state-terms.

11. WINNINGS AND PAYMENT

(a) All cleared winnings will be credited to the customer’s Account.

(b) Results will be as published and confirmed by the relevant governing body or as otherwise generally accepted.

(c) The maximum payout to any one (1) customer in any twenty-four (24) hour period regardless of size of stake or number of Wagers are as set out in the Betting Rules or as specified on the Wager Receipt, whichever is the lesser sum. Currency equivalent maximum payouts will apply for any currency not listed in the Betting Rules.

(d) It is strictly the duty of the customer to stay within the limits set out in the Betting Rules and PSI will not under any circumstances pay any amounts in excess of those limits to a customer for any purported winnings exceeding these limits.

(e) Any questions relating to a Wager must be raised no later than six (6) months after the last event in the Wager has been settled.

(f) PSI may use your username and/or first name and/or initials and state/province and any winnings you may have had for advertising or promotional purposes without additional compensation.

(g) PSI reports winnings to the Internal Revenue Service (IRS) and other applicable taxation authority for any Wagers in accordance with applicable state and federal taxation laws and regulations.

(h) PSI also withholds taxes on any Wager as otherwise required by applicable state and federal taxation laws. PSI withholds a percentage of the proceeds and remit such amount to the Internal Revenue Service (IRS) and a percentage of the proceeds and remit such amount to the applicable state taxation authority in accordance with applicable state and federal taxation laws.

(i) If you are subject to IRS reporting requirements, PSI will send you Form W2-G summarizing the information for tax purposes by February 28th of the year following the end of the tax year of winning.

(j) You are responsible for all applicable tax reporting and payment obligations to the applicable taxation authorities in the jurisdiction in which you reside.

(k) All currency for Users of the Services in a Permitted Jurisdiction is in United States Dollars (USD).

12. ERRORS

(a) PSI makes reasonable efforts to ensure that no errors are made in prices offered or bets accepted for sports and event betting. However, human and/or system error may occasionally result in errors. PSI reserves the right to correct any errors and to void any sports and event betting Wagers placed where such errors have occurred.

(b) In the case of any palpable errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances) for sports and event betting, Wagers will be settled at the correct price at the time of acceptance. If a sports and event betting Wager is accepted by PSI on an event where offering a price on the event itself (rather than the price) was in error, the Wager will be void and your stake will be returned.

(c) Should funds be credited to an Account in error, it is the Account owner’s responsibility to notify PSI of the error without delay. Any winnings subsequent to the error and prior to the notification to PSI, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, PSI.

(d) Any monies which are credited to your Account or paid to you as a result of an error shall be deemed, pending resolution of such error, to be held by you in trust for PSI and shall be immediately repaid to PSI when a demand for payment is made to you. Where such circumstances exist, if you have funds in your Account, PSI may reclaim these funds from your Account. PSI will use reasonable efforts to detect any errors and inform you of any such errors relating to you, your use of the Services, or your Account, as soon as reasonably practicable.

(e) As soon as you suspect or become aware of an error in funds credited to your Account, you shall:

(i) immediately cease play; and

(ii) inform Customer Support as soon as reasonably practicable of any such error or suspected error.

(f) Where you have used funds which have been credited to your Account or awarded to you as a result of an error to place subsequent Wagers, PSI may cancel such Wagers and/or withhold any winnings which you may have won with such monies, and if PSI has paid out on any such Wagers, such amounts shall be deemed to be held by you on trust for PSI and shall be immediately repaid to PSI when a demand for payment is made to you.

(g) If you are incorrectly awarded any winnings as a result of (a) any human error; (b) any bug, defect or error in the Services, or parts thereof; or (c) the failure of the relevant parts of the Services to operate in accordance with the Betting Rules, then PSI will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.

(h) By using the Services, you understand that PSI reserves the right to change or remove any parts of the Services at any time.

(i) In no event shall PSI shall be liable for any errors or the failure to correct any errors or voiding any bets placed where errors occurred.

13. CHARGEBACKS, CANCELLATION AND REFUNDS

(a) Chargebacks. You agree, warrant and represent that no chargebacks or other cancelation of deposits will be made relating to your Account without PSI’s consent. In the event of any of the foregoing occurring, you agree to indemnify PSI and hold it harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate it for any losses it would otherwise incur arising from such actions including any expenses incurred by PSI in the process of recovering such amounts.

(b) Cancellation: PSI may restrict your access to the Services, suspend or terminate your Account, withdraw your offers for Wagers, void any Wagers outstanding to your Account, or cancel and void any outstanding or matched Wagers in its sole discretion without cause at any time, subject to applicable approvals by the relevant governing body, including if:

(i) there is a technical failure;

(ii) it suspects that you are engaging in illegal or fraudulent activity;

(iii) it suspects that you have (or may have) breached any part of these Terms;

(iv) it suspects you are acting in a manner that is detrimental to the conduct of PSI’s business or which may result in legal liability for you, PSI or third parties;

(v) it suspects that your Account’s usage could represent ‘business usage’, which includes any use by a betting operator or any use by an individual or organization supplying data or services to a betting operator;

(vi) your Wager would result in a negative balance on your Account;

(vii) your Account has a negative balance;

(viii) it has the right to do so as set out in the Governing Documents;

(ix) it is prohibited from entering into a Wager by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you, or by applicable law; or

(x) you place a Wager on any sporting match or event in which you take part.

In relation to any canceled or void Wagers, PSI reserves the right to hold any money in your Account relating to such Wagers to be paid to it or, if there are insufficient funds in your Account, demand that you pay it the relevant outstanding amount relating to these Wagers.

(c) No Refunds: PSI does not offer any refunds to the Services.

14.  RIGHT OF SET-OFF

(a) PSI may at any time set off any amount on deposit in your Account against any amounts owed by you to PSI.

15. FRAUD

(a) PSI reserves the right to seek criminal or other sanctions against you if PSI reasonably suspects you have engaged in fraudulent, dishonest or criminal acts and PSI will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.

(b) PSI reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.

(c) You represent that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.

(d) ANYONE WHO KNOWINGLY ENGAGES IN, FACILITIES OR CONCEALS CONDUCT THAT INTENDS TO IMPROPERLY INFLUENCE A BETTING OUTCOME OF A SPORTS EVENT FOR PURPOSES OF FINANCIAL GAIN (OR IS SUSPECTED OF HAVING DONE SO) MAY BE REPORTED TO THE APPLICABLE GAMING AUTHORITIES OR LAW ENFORCEMENT AND MAY BE SUBJECT TO LEGAL PENALTIES.  PLACING A SPORTS WAGER ON THE BASIS OF MATERIAL NONPUBLIC INFORMATION RELATING TO SUCH SPORTS WAGER IS A CRIMINAL OFFENSE.

16. DORMANT AND NON-DEPOSITING ACCOUNTS, CHARGES AND STATEMENTS OF ACCOUNT ACTIVITY

(a) Dormant and Non-Depositing Accounts.

(i) Accounts are deemed “dormant” if the user has not logged in to the System within any Permitted Jurisdiction during the dormancy period as set forth in the Jurisdiction Terms. Dormant Accounts will be opted out of all promotions and bonuses in accordance with the applicable Special Rules. In accordance with applicable laws and regulations, unclaimed balances in dormant Accounts may be forfeited.

(ii) All bonuses and winnings earned from wagering with bonuses will be forfeited from any Account to which a deposit has not been made within thirty (30) days of registration.

(b) Charges. 

(i) PSI will not charge you for the deposit and withdrawal of funds to or from your Account in the normal course of events. However, some charges may apply in some cases to reflect the cost incurred by PSI or its payment processors as a result of processing excessive transactions. Please note that if you become eligible to incur additional deposit and withdrawal charges, PSI will contact you before any charges are incurred.

(c) Statements of Account Activity.

(i) You can visit the ‘Transaction’ page within the App or Site to review all monetary transactions on your Account for the immediately preceding six (6) months. You may request and receive a statement of activity related to the last six (6) months of activity on your Account at any time by contacting Customer Support or visiting the ‘Transaction’ page of the Services. If you require a statement of activity relating to your activity over the past twelve (12) months, please contact Customer Support with your request.

17. CLOSURE OF ACCOUNTS

(a) Please contact Customer Support if you wish to close your Account.

(b) After your Account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, PSI may refuse to re-open your Account in certain circumstances (including where a permanent exclusion or self-exclusion has been applied to your Account pursuant to PSI’s Responsible Gaming procedures).

(c) Account holders who wish to recover funds held in a closed, locked or excluded Account should contact Customer Support.

(d) PSI may close your Account at its discretion, without having to provide any reasons, and where necessary on written notice to you using the contact details associated with your Account. Any balance held in your Account will be made available to you, provided that you have complied with these Terms.

(e) Your sole and exclusive remedy in the event of termination of your Account is the reimbursement of any undisputed Account balance you may then have.

(f) PSI may be required by law to conduct certain checks on customers or those applying to open a new Account. Where it is required by law or otherwise determine to close an Account for a breach of these Terms, your attention is brought to the following terms:

a. All previous Wagers will be voidable at the option of PSI and any winnings which you have accrued will be forfeited by you and you will return to PSI on demand any such funds which have been withdrawn from your Account; and

b. Subject to Section 15(a), any stakes for Wagers made but for which the event is not yet completed will be returned to you other than in the event of any outstanding chargebacks or any other amounts owed to PSI at that time.

18. RESPONSIBLE GAMING

Please play responsibly and use the Services sensibly. PSI offers a range of options that can be used to manage your gaming activity at any time. Please visit the Responsible Gaming & Patron Protection page (https://espnbet.com/help/rg) for more details.

If you or someone you know has a gambling problem and wants help, the following confidential resources are available 24/7:

• Responsible Gambling Council (RGC): https://responsiblegambling.org/for-the-public/problem-gambling-help/
• National Council on Problem Gambling: https://www.ncpgambling.org, 1-800-GAMBLER

For more Responsible Gaming information that will be available to you locally, please refer to our Jurisdiction Specific Terms.

19. SETTING LIMITS AND SELF-EXCLUSION

(a) Setting Limits. You may, at any time, set daily, weekly, and/or monthly limits on placing wagers on the Service. Details of how to set limits can be found on the Responsible Gaming & Patron Protection page (https://espnbet.com/help/rg) on the Services.

(b) Self-Exclusion. You may, at any time, exclude yourself from placing Wagers on the Services. Details on how to exclude yourself can be found on the Responsible Gaming & Patron Protection page (https://espnbet.com/help/rg) on the Services. Should you choose to exclude yourself, you will be opted out of all bonuses and promotions in accordance with the applicable terms and conditions. Any cashable balance in your Account in the amount of one United States dollar or more will be returned to you after you self-exclude. Should the cashable balance in your Account be less than one United States dollar at the time of self-exclusion, such balance will be forfeited unless you contact Customer Support within seventy-two (72) hours of completing your self-exclusion to request a cash out of such balance.

(c) Your Right to Suspend Your Account for a Period of Time Chosen by You. You have the right at any time to suspend your Account for a period of no less than seventy-two (72) hours. Details of how to suspend your Account can be found on the Responsible Gaming & Patron Protection page (https://espnbet.com/help/rg) on the Services.

20. FEEDBACK

If you elect to provide or make available to PSI any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Feedback”), PSI shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute the Feedback in any manner, without credit or compensation to you. You will not knowingly provide PSI any Feedback that is subject to third party intellectual property rights.

21. DEALINGS WITH THIRD PARTIES

(a) Your dealings with third parties who provide, market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You acknowledge and agree that PSI shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

(b) The Service provided to you hereunder may require data usage from a third-party service provider such as a wireless carrier and/or an Internet service provider (“ISP”). As between you and PSI, you are responsible for obtaining services from such ISP and you are responsible for all charges related to such services from ISPs, including without limitation airtime service charges, Internet access charges, and data usage charges and overages.

(c) You should give due consideration before sharing your personal information with other persons or parties you may interact or communicate with within the Services. You acknowledge and agree that PSI shall not be liable for any loss or damage of any kind incurred as a result of such interactions.

22. LINKS AND EXTERNAL MATERIALS

(a) The Service may contain Content from other third-party websites, platforms and/or resources. You acknowledge and agree that PSI does not control or endorse, and is not responsible for, any Content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources (collectively “External Materials”), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. PSI provides access to the External Materials to you only as a convenience and it does not imply any endorsement or association with the operators of such External Materials. The use and access of such External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing and abiding. You further acknowledge and agree that PSI shall not be liable for any damage or loss caused by or resulting from the access, use of or reliance on any External Materials.

(b)        Without limiting the generality of Section 22(a) above, certain parts of the Service are subject to the terms and conditions of the Google Maps/Google Earth Additional Terms of Service (as located at https://maps.google.com/help/terms_maps.html), including the Google Privacy Policy (as located at https://www.google.com/intl/ALL/policies/privacy/index.html), as the same may be updated from time to time.

(c) Loyalty Program Enrollment. By signing up for and using the Services, you acknowledge and agree that you will be enrolled in PENN Entertainment, Inc.’s PENN Play loyalty program or such other patron loyalty program as may be offered for customers of PENN Entertainment, Inc. group of companies in the future. Visit the PENN Play Loyalty Program website.

23. MODIFICATIONS TO THE SERVICE

PSI reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that PSI shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).

24. SUSPENSION, TERMINATION AND SURVIVAL

In the event that you violate the Terms or any part(s) thereof, all rights granted to you under the Terms may be terminated immediately, with or without notice, and PSI, in its sole discretion, may remove and discard Your Content and suspend or terminate your Account. The provisions of the Terms that should by their nature survive termination of the Terms shall survive such termination.

25. INDEMNIFICATION

You agree to indemnify, defend and hold PSI and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners, licensors, subcontractors, and any affiliates of the foregoing (collectively “PSI Parties”) harmless from and against any claims, demands, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) negligence in maintaining the security of your Account and all activities that happen on your Account due to such negligence; (c) violation of the Governing Documents (or parts thereof); (d) violation of any laws, rules, or regulations of any governmental or quasi-governmental authorities in connection with your use of the Services, placement of any Wagers, and any other activities in connection with the Services; (e) acceptance of any winnings you are not otherwise authorized to receive, whether as a result of PSI’s or any of PSI Parties’ error(s) or omission(s); or (f) violation of any rights of another party.

26. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) PSI PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE INFORMATION, DATA, STATISTICS, RESULTS OR OTHER MATERIALS THAT IS MADE AVAILABLE BY THE SERVICE, OR MAY OTHERWISE BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, ERROR-FREE OR RELIABLE.

(c) PSI shall not be liable for any Wagers not being placed for any reason or you being disconnected from the Services, including, without limitation, failure or disconnection of computer, telecommunication services, Internet or otherwise, and the balance of your Account will, at all times, be as is recorded on its servers. Further, PSI shall not be liable for any Wagers placed based on any data, statistics, results, or other information displayed or presented in the Service that are inaccurate, incorrect, and/or delayed.

27. LIMITATION OF LIABILITY

(a) YOU ACKNOWLEDGE AND AGREE THAT PSI PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF PSI PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL PSI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM PSI ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PSI ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSET ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PSI IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

(b) CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

28. GOVERNING LAW

These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania applicable therein, without regard to conflict of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.

29. DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER

(a) PSI is available by email at [e-mail] to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(b) IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO SUBPART (a) ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION ON AN INDIVIDUAL (NON-CLASS) BASIS. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1 et seq., SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE DISPUTE RESOLVED BY A JUDGE OR JURY. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. THIS ARBITRATION PROVISION ALSO CONTAINS A CLASS ACTION WAIVER.

            i. CLAIMS SUBJECT TO ARBITRATION

All past, present, and future claims arising out of or relating to the Governing Documents (including its formation, performance, and breach), the parties’ relationship with each other, your account, and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”), 120 Broadway, Floor 21, New York, NY 10271, in accordance with the provisions of its commercial arbitration rules and/or its consumer arbitration rules, excluding any rules or procedures permitting class arbitration. If for any reason the AAA cannot administer the arbitration and the parties cannot agree on a replacement, a court with jurisdiction shall select the arbitration organization or arbitrator. “Claim” has the broadest possible meaning. It includes initial claims, counterclaims, cross-claims, third-party claims, and federal, state, local, and administrative claims, and claims which arose before the effective date of this arbitration provision. It also includes disputes based upon contract, tort, consumer rights, fraud, and other intentional torts, constitution, statute, regulation, ordinance, common law and equity, and claims for money damages and injunctive or declaratory relief. This arbitration provision may also be enforced by any party named as a co-defendant with the PSI in a claim asserted by you.

           ii. DELEGATION CLAUSE

Notwithstanding the foregoing, claims or disputes about the validity, enforceability, coverage or scope of this arbitration provision or any part thereof (including, without limitation, this sentence, the Class Action Waiver in Section 26(c) and the Severability clause in Section 29(d)), or whether a party has waived the right to arbitrate through litigation conduct or otherwise are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of this Agreement as a whole is for the arbitrator, not a court, to decide.

         iii. ARBITRATION PROCEDURES

The AAA’s rules governing the arbitration may be accessed at www.adr.org. The arbitrator shall be empowered to grant whatever substantive relief would be available in a court under applicable law or in equity on an individual claim, including, without limitation, compensatory, statutory, and punitive damages (which will be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim), and attorneys’ fees and costs. The arbitrator shall apply applicable statutes of limitations and privilege rules that would apply in a court proceeding. The arbitration hearing will take place in the federal judicial district where you reside, or at another place mutually agreeable to the parties. The arbitrator’s award shall be binding on the parties, except for any appeal rights under the FAA, and may be entered as a judgment in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision shall survive termination or breach of this Agreement, termination of the Services or your account and any bankruptcy. If there is a conflict between the arbitration provision, on the one hand, and this Agreement or the AAA’s rules, on the other hand, this arbitration provision shall control.

          iv. ARBITRATION COSTS

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, PSI will pay the additional cost. A request for payment of filing fees should be submitted to AAA along with your form for initiating the arbitration, and PSI will make arrangements to pay all necessary filing fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, PSI will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The parties will bear their respective attorney, expert, and witness fees and costs, unless applicable law or the AAA rules provide otherwise. PSI will always pay fees and costs that are required by law or that are necessary to make this arbitration provision enforceable.

(c) CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, private attorney general action, or other representative action, and the parties expressly waive their right to file or participate in a class action, private attorney general action, or other representative action or seek relief on a class basis in court or in arbitration. The parties also agree not to join or consolidate claims with claims by or against any other person.

(d) SEVERABILITY

If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate these Terms or the remaining portions of this arbitration provision, except that:

            i. The parties acknowledge that the Class Action Waiver in Section 26(c) is material and essential to the arbitration of any disputes between them and is non-severable from this arbitration provision. If the Class Action Waiver in Section 26(c) is limited, voided or found unenforceable and that determination becomes final after all appeals have been exhausted, then this arbitration provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and

           ii. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver in Section 26(c) or elsewhere in this arbitration provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

(e) THIRTY-DAY RIGHT TO OPT OUT

YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THIS ARBITRATION PROVISION BY MAILING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO THE FOLLOWING ADDRESS: 825 BERKSHIRE BOULEVARD, SUITE 200, WYOMISSING, PA 19610, ATTN: PENN SPORTS INTERACTIVE, LLC. THE WRITTEN NOTICE MUST INCLUDE YOUR NAME, MAILING ADDRESS, AND THE EMAIL ADDRESS YOU USED TO CREATE THE ACCOUNT VIA THE SERVICES AND IT MUST BE SENT WITHIN THIRTY (30) DAYS OF THE CREATION OF AN ACCOUNT VIA THE SERVICES, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT-OUT OF THIS ARBITRATION PROVISION, PSI ALSO WILL NOT BE BOUND BY THIS ARBITRATION PROVISION. OPTING OUT OF ARBITRATION WILL NOT AFFECT ANY OTHER TERM OF THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND PSI (OR ITS AFFILIATES).

(f) EXCEPTION - SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. However, if the dispute is transferred, removed, or appealed to a different court, the dispute will be subject to arbitration.

(g) VENUE FOR LITIGATION

Solely to the extent the arbitration provision set forth above does not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the United States District Court for the Eastern District of Pennsylvania, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Berks County, Pennsylvania. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction said courts over any litigation arising in connection with, out of, or as a result of (a) any Governing Documents or the Services, and (b) any acts or omissions of PSI in connection with any Governing Documents or the Services.

Notwithstanding anything to the contrary, the parties may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its respective intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

(h) ONE YEAR TIME LIMIT

The parties agree to commence any arbitration proceeding (or court action if applicable) with respect to these Terms within one (1) year after the claim arises. The parties agree that a proceeding commenced after this date is barred.

30. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms or any Governing Documents, there shall be no third-party beneficiaries to the Terms.

31. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide PSI's Agent for Notice of Copyright Claims a written communication that includes the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) a description of the material that you claim is infringing and where that material may be accessed within the Service;

(d) your address, telephone number and email address;

(e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement from you that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PSI's Agent for Notice of Copyright Claims can be reached as follows:

Designated Agent for Notice of Copyright Claims
Penn Sports Interactive, LLC
825 Berkshire Boulevard, Suite 200
Wyomissing, PA 19610
Attention: Legal Department
Email: [e-mail] 

PSI is only able to accept notices in English.

32. GENERAL PROVISIONS

The Governing Documents constitutes the entire agreement between you and PSI concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and PSI with respect to such subject matter. The failure of PSI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. It is the express wish of the parties that the Terms and all related documents be drawn up in English.