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ESPN BET - State-Specific Terms and Conditions - TN

1. Purpose & Scope

These Tennessee Specific Terms (“Jurisdiction Terms”) to the Terms of Use (https://espnbet.com/legal/terms) (“Terms of Use”) describes the Tennessee-specific terms applicable to Penn Sports Interactive, LLC’s (“PSI”) provision of its Services, ESPN BET, to you within the State of Tennessee. The use of the Services in Tennessee is subject to all applicable federal laws and regulations of the United States of America, the applicable laws and regulations of the State of Tennessee, the Governing Documents, and these Jurisdiction Terms. The State Gaming Authorities authorizing the Services in the State of Tennessee are the Tennessee Sports Wagering Committee (“TN SWC”). 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 1-800-532-3500.

Individuals may choose to set responsible gaming limits, suspend their Account, or exclude themselves from establishing or maintaining an Account on the Services.   Any individual may request placement on PSI’s list of self-excluded persons, and such individual during any period of voluntary exclusion may not collect any winnings or recover any losses resulting from any Interactive Gaming. PSI may elect to share a self-exclusion request with the Council and other sports gaming licensees, and will be compelled to submit a self-exclusion request to the Council upon written request by the Council to PSI.

 

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

 

If you enroll in self-exclusion, 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 gambling.  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 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 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 interactive sports betting, including a prohibited person as defined by regulation;
  • Any gaming employee, key employee or principal or similar individual required to obtain a sports betting employee license from the Council, Tennessee Sports Wagering Advisory Council (“Council”), the Tennessee Lottery and its Board of Directors (“Board”) and/or any other Tennessee regulatory agency that is a successor to any foregoing (collectively with the Council, and Board, the “Tennessee Gaming Authorities”)
  • Any member, officer, or employee of the Tennessee Gaming Authorities;
  • Any employee, director, or officer of PSI or its affiliates prohibited under Company policy from engaging in any form of Interactive Gaming within ESPN BET;
  • Any public official, public employee or any other individual prohibited by law or regulation (including Tenn. Code § 4-51‐51‐312) from Interactive Gaming in the Applicable U.S. States;
  • Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of PSI, if the individual is directly involved in PSI's operation of sports wagering or the processing of sports wagering claims or payments through PSI's online sports wagering platform;
  • Any member of an advisory board of a University of Tennessee institution;
  • Any person prohibited by the rules of a governing body of a collegiate sports team, league, or association from participating in sports wagering activities; and
  • Any person who by virtue of the person’s affiliation or employment with another company operating in the sports gaming industry has access to that 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 betting.

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 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 student at or employee of a public or private institution of higher education who has access to material non-public information concerning a student athlete or team may not place wagers on any collegiate sporting events relating to or which may be impacted by such non-public information;
  • 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 amateur, Olympic or professional 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);
  • Any person having the ability to directly affect the outcome of a sporting event may not place wagers on such sports events as well as sports events governed by the same league(s) or governing body(ies); and
  • Any person identified by any sports team, league or governing body to the Board as being prohibited from sports betting 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 Tennessee 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 Tennessee.

 

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

PSI holds a sports betting license issued by the Tennessee Sports Wagering Advisory Council (the “Council”) that authorizes PSI to conduct Interactive Gaming with eligible and registered individuals physically located in the State of Tennessee.  

Your use of your Account for, and your ability to engage in, all Interactive Gaming activities outside the State of Tennessee 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 State of Tennessee 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 State of Tennessee 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 Tennessee to engage in interstate wagering through a Tennessee sports betting license holder, such as PSI, unless explicitly authorized by the Council.  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 Tennessee where prohibited by the Council 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 also contact the Council with any comments or complaints at  https://www.tn.gov/swac/dispute-resolution.html and additional contact information is available at https://tnlottery.com/contact-us/.

 

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 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 the funds to such 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. Tennessee Prohibited Wagers

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

  • Injuries, penalties, or other such occurrences, the Wager on which would be contrary to public policy, unfair to consumers, or deemed to violate Article Xl, Section 5 of the Constitution of Tennessee;
  • Individual actions, events, statistics, occurrences, or non-occurrences to be determined during a collegiate sporting event, including, without limitation, in-game Proposition Wagers on the performance or non-performance of a team or individual participant during a collegiate sporting event; and
  • Amateur sports events, including all high school and youth league sports events, except for sports events that are approved by the Council, in which Persons under age 18 make up a minority of the participants.

 

 8. Tennessee 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 (as permitted under applicable law or otherwise approved by the Tennessee Gaming Authorities), 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.

Under Tennessee regulations, credit cards are not accepted as a form of deposit for wagering in Tennessee. As such, your Eligible Balance (as defined in Section 9(f) of the Terms of Use) for wagering in Iowa 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 Tennessee. For certainty, such portions of funds remain in your Account, but will not be made available as your Eligible Balance for wagering in Tennessee.

 

 9. Tennessee 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.

 

 

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