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ESPN BET - State-Specific Terms and Conditions - MA

1. Purpose & Scope

These Massachusetts Specific Terms (“Jurisdiction Terms”) to the Terms of Use () (“Terms of Use”) describes the Massachusetts specific terms applicable to Penn Sports Interactive, LLC’s (“PSI”) provision of its Services, ESPN BET, to you within the State of Massachusetts. The use of the Services in Massachusetts is subject to all applicable federal laws and regulations of the United States of America, the applicable laws and regulations of the State of Massachusetts, the Governing Documents, and these Jurisdiction Terms. The State Gaming Authorities authorizing the Services in the State of Massachusetts are the Massachusetts Gaming Commission (“MGC”). 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

Please play responsibly. For help, contact the Massachusetts Problem Gambling Helpline at https://gamblinghelplinema.org/ or by calling 800-327-5050. You can also contact a national problem gambling helpline at 1-800-GAMBLER (1-800-426-2537) or ncpgambling.org/chat.

Individuals may choose to set responsible gaming limits, suspend their Account for no less than thirty (30) days and no more than one (1) year, or exclude themselves from establishing or maintaining an Account on the Services. To request enrollment in the State Gaming Authority’s Voluntary Exclusion Program, an individual can submit a completed enrollment form via PSI. As required under applicable law, voluntary exclusion information will be shared with the State Gaming Authority and may be shared with other operators. A person who has enrolled the Voluntary Exclusion Program 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.

For additional information and resources, you can also visit the websites for the Massachusetts Gaming Commission, Massachusetts Department of Public Health, The MA Problem Gambling Helpline, Massachusetts Council on Gaming and Health, National Council on Problem Gambling, or Gamblers Anonymous.

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

You acknowledge that if you self-exclude at a time when you have any unsettled wagers, the unsettled wagers will be settled at the conclusion of the applicable sports event but we are obligated by the State Gaming Authority to remit any winnings from such wagers to the State Gaming Authority’s problem gambling grant fund.

You acknowledge that you cannot collect any winnings or recover any losses from sports wagering on Penn Sports Interactive’s platform while Responsible Gaming limits and/or exclusions or breaks in play are active on your account, in accordance with 205 CMR 255.02(1). Additionally, once such limits are applied, Penn Sports Interactive reserves the right to reject, cancel, or void any deposits or wagers you subsequently attempt at its discretion. 

If you enroll in self-exclusion, your Account will be 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 gambling. After the 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 interactive gaming self-exclusion may also result in your exclusion from 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 Participant:

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 opening or maintaining an Account, or otherwise placing a wager or wagers, as an agent or proxy for another person;
  • 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 sports wagering, including a Prohibited Person as defined by regulation;
  • Any gaming employee, key employee, principal or similar individual required to obtain an occupational license from the State Gaming Authority;
  • Any employee, director, or officer of PSI or Licensee and any relative living in the same household as such persons;
  • Any employee, director, or officer of PSI’s other affiliates prohibited under Company policy from engaging in any form of Interactive Gaming within ESPN BET;
  • Any employee of the State Gaming Authority;
  • Any public official or public employee prohibited by law or regulation from Interactive Gaming in the Applicable U.S. States;
  • Any person who has been convicted of any felony or misdemeanor offense (in any jurisdiction) involving sports wagering; and
  • Any person who by virtue of the person’s affiliation or employment with PSI, Licensee or another company operating in the sports gaming industry has access to such company’s pre-release, non-public, or confidential data or other information that is not available to all other Users that may provide you an advantage in any sports wagering.

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 Users 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 whose participation may undermine the integrity of the wagering, the sports event, or other event;
  • 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 wager 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); and
  • Any person identified by any sports team, league or governing body to the State Gaming Authority 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.

Prohibited Participants must refrain from engaging in sports betting in Massachusetts and must disclose their status as a Prohibited Participant to all relevant persons and/or governing bodies. Failure to comply may result in disciplinary action up to and including criminal prosecution. By placing a wager you warrant that you are not a prohibited person in the state of Massachusetts.

 

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

PSI holds a sports wagering operator license (among other approvals) issued by the Massachusetts Gaming Commission (the “State Gaming Authority”) that authorizes PSI to conduct the Interactive Gaming through the Services with eligible and registered individuals physically located in the Commonwealth of Massachusetts (the “Applicable State”). PSI has entered into an agreement with Plainville Gaming and Redevelopment, LLC (“Licensee”) to conduct the Interactive Gaming in the Applicable State on behalf of Licensee.

Your use of your Account for, and your ability to engage in, all Interactive Gaming activities outside the Applicable State 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 ESPN BET 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 Applicable State at all times while wagering on the Services (or in such other U.S. State or territory for which we or our applicable state-licensed affiliate 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 in this Agreement, “Applicable U.S. States” refers to the Applicable State 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 Applicable State to engage in interstate wagering through a Massachusetts licensee, such as PSI. 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 Applicable State where prohibited by the State Gaming Authority 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 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: Players may request an outbound phone call via email

You may contact the State Gaming Authority with any comments or complaints at https://massgaming.com/contact/. 

 

6. Dormant Account

Your Account becomes dormant if your Account remains dormant without the Account Holder logging in for at least three (3) full calendar years (an “Dormant Account”). We reserve the right to close or suspend dormant Accounts. Any cash funds remaining on deposit and any pending wagers shall be treated as provided by the applicable law and regulations, which may include reporting the cash funds as abandoned and remitting the funds to 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 dormant Account is subject to termination.

 

7. Massachusetts Prohibited Wagers

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

  • Any Collegiate Sport or Athletic Event:
    • With an outcome dependent on the performance of an individual athlete, including, but not limited, to in-game or in-play wagers:
    • Involving any collegiate teams from the Commonwealth, unless the teams are involved in a Collegiate Tournament.
    • Any horse or greyhound races;
    • Any injuries, penalties, player discipline, or replay review;
    • Any high school or youth sports or athletic events;
    • Any fantasy contest unless offered pursuant to M.G.L. c. 12, § 11M½ and 940 CMR 34.00: Daily Fantasy Sports Contest Operators in Massachusetts;
    • Any Sporting Event or Wager Category in which the outcome has already been determined and is publicly known; or
    • Any other Sporting Event or Wager Category until the Sporting Event or Wager Category has been approved by the Commission in accordance with 205 CMR 247.03.

 

8. Massachusetts 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:

  • Debit 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.

Under Massachusetts regulations, credit cards are not accepted as a form of deposit for wagering in Massachusetts. As such, your Eligible Balance (as defined in Section 9(f) of the Terms of Use) for wagering in Massachusetts will not include funds that are associated with credit card deposits, and credit cards may not be used as a method of depositing funds into your account in Massachusetts. For certainty, such portions of funds remain in your Account, but will not be made available as your Eligible Balance for wagering in Massachusetts.

 

9. Massachusetts Approved Account 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:

  • 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.

 

11. Promotions

Promotion rewards valued at $5,000 or more will require a 1099 and will be vetted through the Massachusetts Department of Revenue for any outstanding child-support and state taxes. If the search returns a positive result, then the Promotion reward will be defaulted to the cash value and that outstanding amount will automatically be deducted. Cash reward option will be only available to Massachusetts Department of Revenue intercepted individuals unless otherwise stated in the rules.

 

12. Massachusetts Operation Certificate

[PLACEHOLDER]

 

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