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ESPN BET - State-Specific Terms and Conditions - KY

1. Purpose & Scope

These Kentucky Specific Terms (“Jurisdiction Terms”) to the Terms of Use (https://espnbet.com/legal/terms) (“Terms of Use”) describes the Kentucky specific terms applicable to Penn Sports Interactive, LLC’s (“PSI”) provision of its Services, ESPN BET, to you within the State of Kentucky. The use of the Services in Kentucky is subject to all applicable federal laws and regulations of the United States of America, the applicable laws and regulations of the State of Kentucky, the Governing Documents and these Jurisdiction Terms. The State Gaming Authorities authorizing the Services in the State of Kentucky are the Kentucky Horse Racing Commission (“KHRC”). All capitalized terms used herein but not defined shall have the meaning ascribed to them in the Terms of Use.

 

2. Responsible Gaming & Excluded Persons

If you or someone you know has a gambling problem, call 1-800-GAMBLER.

Individuals may choose to set responsible gaming limits, suspend their Account for no less than seventy-two (72) hours and no more than one (1) year, or exclude themselves from establishing or maintaining an Account on the Services. A person who has enrolled in self-exclusion or has otherwise been excluded from Interactive Gaming activities and individuals who are under the age of 21 shall not participate in Interactive Gaming or Interactive Gaming activities and will have their winnings forfeited and Accounts suspended upon violation.

You can also visit the websites for the National Council on Problem Gambling, Kentucky Gambling Help, Gam-Anon, Gamblers Anonymous, Debtors Anonymous and Debt-Anon Family Groups for additional resources.    

 

Visit our Responsible Gaming & Player Protection Page: https://espnbet.com/responsible-gaming

 

If you enroll in self-exclusion from all wagering, your Account will remain deactivated unless you contact us by telephone to request the reactivation of your Account after you are removed from the interactive gaming self-exclusion list. No other method of contact will re-activate your Account and we reserve the right to deny a reactivation request for any reason. Once we receive your initial reactivation request, there will be a 24-hour waiting period during which our compliance and operations team will confirm you are no longer excluded from wagering. After this 24-hours has passed, you will be contacted with the results of the review and will be informed as to whether your Account will be reactivated or not.

Enrolling in self-exclusion may also result in your exclusion from other forms of interactive gaming, any casino or racetrack facility now or in the future operated by, and/or any other products or services now or in the future offered by us (including affiliates), regardless of location. For a list of physical facilities now operated by our affiliates, please visit PENN Entertainment, Inc.’s website.

 

 3. Underage Gambling & Prohibited Participants 

The following individuals are prohibited by law, regulation and/or this Agreement from opening an Account or otherwise using the Services (each a “Prohibited User”):

  • Any person under the age of twenty-one (21);
  • Any person on a self-exclusion list or other exclusion list where individuals named therein are prohibited from playing in-person or interactive casino or pari-mutuel wagering or online sports wagering, including a prohibited person as defined by regulation;
  • Any gaming employee, key employee, principal, or similar individual required to be licensed or qualified by the Kentucky Horse Racing Commission or any other person prohibited from wagering by the Kentucky Horse Racing Commission;
  • Any employee, director, officer, or owner of PSI or its affiliates prohibited under its policy and/or applicable law from engaging in any form of interactive gaming within ESPN BET;
  • An employee of Ellis Park Racing and Gaming;
  • Any public official or public employee prohibited by law or regulation from interactive gaming in the Applicable U.S. States; and
  • Any person who by virtue of the person’s affiliation or employment with PSI or another company operating in the sports gaming industry has access to such company’s non-public confidential data or other information that is not available to all other Users that may provide you an advantage in any sports wagering.
  • Any person who is an agent, union, union representative or similar role that advocates for players, athletes, competitors, referees, or other personnel involved in the conduct of sports events (such as officials, umpires, judges, coaches, managers), including spouses or close family members;
  • Any person licensed by the Kentucky Horse and Racing Commission may not place wagers on any sports event with respect to which the licensee has performed any service or in which the licensee will participate; and
  • Any person identified by any sports team, league or governing body to the Kentucky Horse and Racing Commission as being prohibited from sports wagering by the sports team, league or governing body may not place wagers on such sports events involving the sports team, league or governing body. 

By entering into this Agreement, you certify that you are (i) fully able and competent to enter into this Agreement, and not a (ii) Prohibited User. You must, and you agree to, comply, at all times, with all applicable laws, statutes, and regulations in order to be eligible for the Services. If you are accessing the Services from a mobile device, you also may be required to turn on location services on your mobile device and for the mobile application.

ANYONE UNDER THE AGE OF 21 YEARS OLD FOUND TO BE USING THE SERVICES, AS WELL AS ANYONE WHO FACILITATES SOMEONE UNDER THE AGE OF 21 YEARS OLD USING THE SERVICES, MAY BE REPORTED TO LAW ENFORCEMENT AND MAY BE SUBJECT TO OTHER LEGAL PENALTIES. UNDERAGE GAMBLING IS A CRIMINAL OFFENSE AND ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF 21 CAN BE A CRIMINAL OFFENSE AS WELL.

Users employed, associated or professionally connected with any sports team, league or governing body are prohibited by law, regulation and/or this Agreement from wagering on any event governed by the league(s) or sports governing body(ies) with which they are affiliated (“Insider Wagering”). Without limiting the generality of the foregoing prohibition, “Insider Wagering” includes – and you are expressly prohibited from engaging in – any wagering that may undermine the integrity of wagering or the sports event that is the subject of the wager, including but not limited to the following: 

  • Any person placing a wager as an agent or proxy;
  • Any person with access to non-public information related to sports events may not place wagers on such sports events as well as sports events governed by the same league(s) or governing body(ies);
  • Any person who may impact the outcome of sports events may not place wagers on such sports event as well as sports events governed by the same league(s) or governing body(ies);
  • Any person who is an athlete or competitor may not place wagers on sports event of the type in which the athlete or competitor participates as well as sports events governed by the same league(s) or governing body(ies);
  • Any person who is an owner or employee of a sports team, league or governing body may not place wagers on sports events governed by that same league(s) or governing body(ies);
  • Any person who holds a position of authority or influence over the participants in or outcome of a sports event, including any person employed, associated or professionally connected to a sports event or governing body (such as referees, officials, umpires, judges, coaches, managers, handlers, medical professionals, athletic trainers whether employed or contracted by a sports team, league or governing body) may not place wagers on any sports events in which the person exerts influence or with respect to which the person is employed, associated or professionally connected and any other sports events governed by the same league(s) or governing body(ies);
  • Any person who by virtue of the person’s employment, association or professional connection with any sports team, league or governing body has access to certain types of exclusive information may not wager on any sports event overseen by that person’s sports league(s) or governing body(ies); 

By offering to place a wager with PSI, and as a condition of PSI accepting your wager, you represent and warrant, that you are not a “prohibited sports betting participant” as defined in KRS 230.820 and KRS 230.823.

 

4. Geographic Scope of Agreement: No Use Outside the State of Kentucky 

Churchill Downs Inc., Ellis Park Racing and Gaming holds a master license and PSI holds an internet sports betting operator license (among other approvals) from the KHRC that authorize PSI to provide the Services to eligible and registered individuals physically located in the State of Kentucky.

Your use of your Account for, and your ability to engage in, any interactive gaming activities outside the State of Kentucky will be or is subject to a separate state-specific terms of service agreement between you and the applicable state-licensed affiliates of PSI offering sports wagering in the given jurisdiction.

In accordance with the scope of this Agreement (and any other state-specific terms of service agreement which you have agreed to), you acknowledge and agree that you will and must be physically present in person in the State of Kentucky at all times while wagering on the Services (or in such other U.S. State or territory for which we may permit you to use the Services to engage in wagering pursuant to a separate state-specific terms of service agreement entered into with the applicable state-licensed affiliates of PSI). As used herein, “Applicable U.S. States” refers to the State of Kentucky and such other U.S. States or territories in which we and our applicable state-licensed affiliates have permitted you to use the Services for wagering.

We are required to explicitly advise you that there are certain Federal and state prohibitions and restrictions regarding unlicensed interactive gaming. For example, it is a Federal offense for persons physically located outside the State of Kentucky to engage in internet sports betting in the State of Kentucky, unless explicitly authorized by the Kentucky Horse Racing Commission. Wagering on the Services may only be engaged in with our applicable state-licensed affiliate in the Applicable U.S. State where you are located at the time of wagering. The availability of an Account on our Services does not constitute an offer, solicitation, or invitation by us for the use of our Services for any wagering outside of the Applicable U.S. States.

We further reserve the right, at any time without further notice to you and in our sole discretion, to limit the availability of the Services, restrict, suspend or terminate the Services in whole or in part, or to restrict, suspend or terminate your access to the Services. In addition, wagering on the Services will also be unavailable within the State of Kentucky where prohibited by the Kentucky Gaming Authorities or applicable law.

 

5. Disputes

If you have any comments, questions or complaints regarding the Governing Documents or the Services, or wish to report any violation of the Governing Documents, you may contact Customer Service, 24/7, at: 

  • Email: support@espnbet.com
  • Mailing address: 825 Berkshire Boulevard, Suite 200, Wyomissing, PA 19610, ATTN: Penn Sports Interactive, LLC
  • Chat: Via the chat icon on both mobile and web.
  • Phone via chat: Patrons may request an outbound phone call via email. 

 

6. Dormant Account 

Your Account becomes inactive if your Account remains dormant without the Account Holder logging in for one (1) full calendar year (an “Inactive Account”). We reserve the right to close or suspend Inactive Accounts. Any account that remains dormant without the Account Holder logging in for at least five (5) years will be closed in accordance with applicable law. Any cash funds remaining on deposit and any pending wagers shall be treated as provided by applicable regulations, which may include reporting the cash funds as abandoned and remitting some or all of the funds to the Kentucky State Treasury Department, Unclaimed Property Program or such other agency as may be applicable. We will attempt to contact you with the contact information in your Account by mail or email to inform you that your Inactive Account is subject to termination.

 

7. Kentucky Prohibited Wagers 

Wagers on the following events are prohibited in Kentucky (each a “Kentucky Prohibited Event”): 

  • Any Electronic Sporting Event that is not sanctioned by an approved Sports Governing Body or equivalent; or has not been approved by the Racing Commission;
  • Any amateur youth sporting events in which the majority of participants are under the age of eighteen (18) or are competing on behalf of or under the sponsorship of one or more public or private preschools or public or private elementary, middle or junior high, or high schools;
  • Any occurrence of injuries or penalties;
  • Any outcome of replay reviews;
  • Any disciplinary proceedings against a participant in a Sporting Event;
  • Any Sporting Event or Type of Wager in which the outcome has already been determined and is publicly known;
  • Any categories of Sporting Event or Type of Wager until the Sporting Event or Type of Wager has been approved by the Racing Commission;
  • Any dog or horse races. 

Kentucky Prohibited Events will not include events that are otherwise approved by the KHRC. 

 

8. Kentucky Approved Account Funding Methods: 

All deposits must be paid in U.S. dollars with funds derived from lawful sources and for which you have the authority to transfer through such methods of deposit as may be authorized by us from time-to-time in our sole discretion, which may include the following:

  • Credit and debit cards;
  • Gift Card;
  • Prepaid account;
  • Wire transfer;
  • Digital Payment Vehicles;
  • ACH/Online Banking; and
  • Such other options that may become available in the future at our sole discretion.

 

9. Kentucky Approved Withdrawal Methods:

All withdrawals of cash balances in your Account are paid out in U.S. dollars through such methods of withdrawal as may be authorized by us from time-to-time in our sole discretion, which may include the following:

  • Credit and debit cards;
  • Prepaid Account;
  • Wire transfer;
  • Digital Payment Vehicles;
  • ACH/Online Banking; and
  • Such other options that may become available in the future at our sole discretion.

 

10. Tax Reporting & Withholding

Your use of the Services is subject to compliance with applicable U.S. tax reporting and withholding laws as in effect from time-to-time.  You acknowledge and agree that PSI must and is hereby authorized to report and/or withhold your winnings in accordance with U.S. tax reporting and withholding laws as in effect from time-to-time.  All winnings subject to reporting and/or withholding may be reported and/or withheld by PSI and a copy of the W-2G Form (or such other form provided by the U.S. Internal Revenue Service for this purpose) summarizing the information may be issued by PSI for tax purposes no later than when required by applicable law.  In the event of any technical, system or human error resulting in insufficient withholdings from any winnings, we may deduct the relevant outstanding amount from funds in your Account or recover the relevant outstanding amount from you through any other lawful means.  You hereby irrevocably authorize us to file all required reports regarding your wagering activities with the U.S. Internal Revenue Service and any other applicable taxing authority.  In addition to any withholding by us, you may be subject to additional income withholding requirements based on the applicable law in your state of residency.  You are solely responsible for any taxes incurred in connection with winnings on the Services.

 

You agree to indemnify and hold harmless PSI for any claims, demands, liens, or judgments based on your non-payment or underpayment of such taxes.  You hereby grant to PSI a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority’s claims or liens.

 

 

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