ESPN BET - New York Specific Terms
Effective Date: September 26, 2024
These New York Specific Terms (“Jurisdiction Terms”) to the Terms of Use (https://espnbet.com/legal/terms) (“Terms of Use”) describes the New York specific terms applicable to WSI US, LLC’s (“WSI”) provision of its Services, ESPN BET, to you within the State of New York. The use of the Services in New York is subject to all applicable federal laws and regulations of the United States of America, the applicable laws and regulations of the State of New York, the Governing Documents and these Jurisdiction Terms. The State Gaming Authority authorizing the Services in the State of New York is the New York State Gaming Commission (“NYSGC”). All capitalized terms used herein but not defined shall have the meaning ascribed to them in the Terms of Use.
- 1. Purpose & Scope
- 2. Responsible Gaming & Excluded Persons
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 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 individual placing a sports wager as an agent or proxy;
- Any athlete whose performance may be used to determine, in whole or in part, the outcome of such wagering;
- Any person who is an athlete, player, coach, referee or other game official, physician, trainer, sports agent, owner or employee or independent contractor of a team, player union and umpire union personnel, or employee, official or independent contractor of a sports governing body if the sports wager is based on any sport or athletic event overseen by the individual's sports governing body;
- Any person with access to material, non-public confidential information about a sports event that is the subject of such wagering;
- A person identified to the commission by a sports governing body that the commission agrees is a person who should be a prohibited sports bettor;
- Any person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event that is the subject of a sports wager, if such person is not otherwise described by this subdivision;
- Any principal, key employee or casino gaming employee of PENN Entertainment and its affiliates, except as may be permitted by the commission;
- Any non-gaming employee at PENN Entertainment or WSI US, LLC that employs such person;
- Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of PENN Entertainment or WSI US, LLC if such person is directly involved in the operation or observation of sports wagering, or the processing of sports wagering claims or payments;
- Any employee of PENN Entertainment or WSI US, LLC;
- Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of PENN Entertainment or WSI US, LLC, if such person is directly involved in the operation or observation of mobile sports wagering, or the processing of mobile sports wagering claims or payments;
- Any person subject to a contract with the commission if such contract contains a provision prohibiting such person from participating in sports wagering;
- Any spouse, child, sibling or parent residing in the principal place of abode of any of the foregoing persons at PENN Entertainment or WSI US, LLC where the foregoing person is prohibited from participating in sports wagering;
- Any officer or employee of the NYSGC; and
- Any individual under the age of twenty-one (21).
By entering into this Agreement, you certify that you are (i) fully able and competent to enter into this Agreement, and not a “prohibited sports bettor” as defined in NYCRR Title 9 §5330.1. 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.
- 4. Geographic Scope of Agreement: No Use Outside the State of New York
WSI holds an internet sports betting operator license (among other approvals) from the NYSGC that authorize WSI, to provide the Services to eligible and registered individuals physically located in the State of New York.
Your use of your Account for, and your ability to engage in, any interactive gaming activities outside the State of New York will be or is subject to a separate state-specific terms of service agreement between you and the applicable state-licensed affiliates of WSI 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 New York 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 WSI). As used herein, “Applicable U.S. States” refers to the State of New York 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 New York to engage in internet sports betting in the State of New York, unless explicitly authorized by the New York State Gaming 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 New York where prohibited by the New York 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 at:
- Email: support@espnbet.com
- Mailing address: 825 Berkshire Boulevard, Suite 200, Wyomissing, PA 19610, ATTN: ESPN BET
- Chat: Via the chat icon on both mobile and web.
- Phone via chat: Patrons may request an outbound phone call via email.
You may also submit a complaint to the New York State Gaming Commission using the Complaint Form posted on https://gaming.ny.gov/.
- 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 three (3) 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 New York Department of the Treasury, 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. New York Prohibited Wagers
Wagers on the following events are prohibited in New York (each a “New York Prohibited Event”):
- Any prohibited sports event, as defined in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1)(f);
- Any horse race;
- Any amateur or youth sports event, except collegiate sports events approved by the Commission;
- Any event that is not a sports event;
- Any sports event on which the Commission deems wagering to be contrary to public policy, either on the Commission’s own initiative or upon commission affirmation of a request by a league or governing body that governs such sports event
New York Prohibited Events will not include events approved by the New York State Gaming Commission to be included in the New York Approved Catalog of Events and Wagers.
- 8. New York 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**;
- Wire transfer;
- Digital Payment Vehicles;
- Funds within a Sports Wagering Account;
- Promotional or Bonus Credit;
- ACH/Online Banking; and
- Such other options that may become available in the future at our sole discretion.
*Credit card deposits are limited to $2,500.00, annually, for each sports wagering account.
**ESPN BET and PENN Entertainment branded gift cards with a maximum non-reloadable balance of $250 per card, $2,000/day limit, and $10,000/month limit.
- 9. New York 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:
- 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