Last Revised: June 12, 2024
1. Purpose & Scope
These Virginia Specific Terms (“Jurisdiction Terms”), supplemental to the Terms of Use (“Terms of Use”), describes the Virginia specific terms applicable to Penn Sports Interactive, LLC’s (“PSI”) provision of its Services, ESPN BET, to you within the Commonwealth of Virginia. The use of the Services in Virginia is subject to all applicable federal laws and regulations of the United States of America, the applicable laws and regulations of the Commonwealth of Virginia, the Governing Documents, and these Jurisdiction Terms. The State Gaming Authorities authorizing the Services in the Commonwealth of Virginia is the Virginia Lottery (“VA Lottery”). 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. To request placement on the Virginia Lottery’s self-exclusion list, please visit https://www.valottery.com/playingmatters/voluntaryexclusionprogram. 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.
Additional information on the Virginia Lottery’s responsible gaming and Self-Exclusion program is available on the website for the Virginia Lottery. You can also visit the website for the National Council on Problem Gambling, Gamblers Anonymous, and Virginia Council on Problem Gambling for additional resources.
Visit our Responsible Gaming & Player Protection Page at: https://espnbet.com/responsible-gaming
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’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”):
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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 interactive sports betting, including a prohibited person as defined by regulation.
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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; 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 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); and
- 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 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 the Commonwealth of Virginia and must disclose their status as a Prohibited Participant to all relevant persons (including PSI) 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 Commonwealth of Virginia.
4. Geographic Scope of Agreement: No Use Outside the Commonwealth of Virginia
PSI holds a sports betting permit issued by the Virginia Lottery that authorize PSI to conduct Interactive Gaming with eligible and registered individuals physically located in the Commonwealth of Virginia.
Your use of your Account for, and your ability to engage in, all Interactive Gaming activities outside the Commonwealth of Virginia 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 Commonwealth of Virginia 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 Commonwealth of Virginia 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 Commonwealth of Virginia to engage in interstate wagering through a Virginia sports betting permit holder, 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.
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.
Should you feel that PSI did not provide a satisfactory resolution to your complaint, you may also contact the Virginia Lottery with any complaints at https://www.valottery.com/aboutus/casinosandsportsbetting/sportsbetting.
6. Dormant Account
Your Account becomes inactive if your Account remains dormant without the Account Holder logging in for five (5) full calendar years (an “Inactive Account”). All inactive accounts will be recorded and maintained for five (5) years. 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 the Virginia Treasury. 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. Virginia Prohibited Wagers
Wagers on the following events are prohibited in Virginia (each a “Virginia Prohibited Event”):
- No person shall place or accept a bet on youth sports.
- No person shall place or accept a proposition bet on college sports.
- No person shall place or accept a bet on Virginia college sports.
8. Virginia 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. Virginia 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:
- 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.
11. Virginia Sports Bettors’ Bill of Rights
The Virginia Lottery has instituted a Sport Bettors' Bill of Rights to afford individuals the right to access certain information necessary for bet making, as well as information demonstrating that the permit holder’s offerings are administered legally and fairly in all respects. Virginia Sports Bettors’ Bill of Rights is accessible at: Virginia Sports Bettors' Bill of Rights