Terms & Conditions

PLEASE READ THESE TERMS OF SERVICE (“Terms of Service” or “Terms”) CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION ON SEMINOLE HARD ROCK DIGITAL, LLC’S SPORTSBOOK (“HARD ROCK BET”).

YOU MUST BE PHYSICALLY LOCATED IN THE STATE OF TENNESSEE TO PLAY ON HARDROCK BET.

GENERAL TERMS OF SERVICE

1.1 The website www.hardrock.bet(the “Website”) and the mobile, tablet, and any other Hard Rock Bet apps (collectively, the “App” and together with the Website, the “Hard Rock Bet Services” or “Services”) are operated and controlled by Hard Rock Digital pursuant to the oversight, regulatory requirements, and licensing of the Tennessee Sports Wagering Council (“Council”). You will be required to establish an account in order to use the Services offered by Hard Rock Digital.

1.2 References in these Terms to “Hard Rock Digital”, “Hard Rock Bet”, “we”, “us” or “our” will be to Hard Rock Digital, and references to “Patron” will be to you. We reserve the right for each or any affiliate of the Hard Rock Digital to exercise any of the rights or obligations under these Terms.

1.3 Sports Gaming is regulated by the Council pursuant to the Tennessee Sports Gaming Act, T.C.A. §§ 4-49-101.

1.4 If you have any complaints, claims, or disputes with regard to any outcome regarding the Services or any other activity performed by Hard Rock Digital, you should contact Hard Rock Digital in accordance with Complaint and Dispute Resolution provisions below.

1.5 Terms of Service together with the Privacy Policy, House Rules, and any other additional rules and terms published on the Services or otherwise notified to you that specifically relate to and govern any particular event, game, software, promotion, or tournament (collectively, “Agreements”) constitute a legally binding agreement between you and Hard Rock Digital. Please read the Agreements carefully before using the Services. By accessing, using, or otherwise participating on the Services, you accept and agree to be legally bound by the Agreements, whether or not you sign-up as a member of the Services. If you do not agree to accept and be bound by the Agreements, please discontinue your use of the Services. It is important that you review these Terms of Service regularly. We may impose limits on certain features, activities, offers, or services and may restrict, suspend, terminate your access to the Services or your ability to participate in activities, offers, or Services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.

1.6 Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any of the game rules or other documents referred to in these Terms of Service.

1.7 By accessing, using, or otherwise participating on the Services, you acknowledge and accept the Privacy Policy and consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. In the event of any conflict between the Agreements and the Privacy Policy, the Privacy Policy shall control.

1.8 Hard Rock Digital reserves the right to amend these Terms at any time subject to regulatory approval. Where we wish to make material changes to the Terms, you will be notified of material changes before they come into effect. Any such revision will be binding and effective from such date as is specified in such notice. Your continued use of the Services will be deemed to be your acceptance of any changes we may make.

1.9 Hard Rock Digital may, in its absolute discretion, alter or amend or withdraw any betting or gaming from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, bet functions, and Services.

Section 2. APPLICABILITY

You agree to comply with these Agreements when using the Services. You acknowledge that failure to comply with these Agreements may result in disqualification, the closure of your Account, forfeiture of funds or legal action against you, as appropriate and as further specified in these Agreements. You acknowledge that if you accept these Agreements, Hard Rock Digital will start providing you with the benefit of the Services immediately. If you accept these Agreements when registering for the Services, you will not be able to cancel registration later, although you can terminate these Agreements and close your Account.

Section 3. LEGAL USE

3.1 You may only use the Services if you are 21 years of age or over and it is legal for you to do so according to the applicable law. You represent that you are not accessing the Services from a state or foreign jurisdiction outside of Tennessee at the time of placing a bet. You understand and accept that Hard Rock Digital is unable to provide you with any legal advice or assurances and that it is your sole responsibility to always ensure that you comply with the applicable laws that govern you and that you have the complete legal right to use the Services. Any use of the Services is at your sole option, discretion, and risk. By using the Services, you represent that you do not find the Services to be offensive, objectionable, unfair, or indecent in any way.

3.2 THIS SECTION LEFT INTENTIONALLY BLANK

3.3 In order to register a Hard Rock Bet Patron account (an “Account”) with us, you hereby agree, represent, warrant, and covenant that:

3.3.1 You are at least twenty-one (21) years of age before opening an Account or gambling with Hard Rock Bet. We reserve the right to request proof of age documentation from any applicant or Patron at any time and to void any wagers made by or on behalf of minors;

3.3.2 You will provide accurate registration information when opening your Account, including, without limitation, your correct date of birth, the last four digits of your social security number, your current address, email address and personal telephone number. You will inform us of any changes in such details;

3.3.3 You acknowledge that you are opening a non-transferrable Account with Hard Rock Bet Sportsbook solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;

3.4.3 You are entirely responsible for complying (and that you comply) with applicable laws concerning betting and gaming prior to opening an Account, placing any bets, stakes or wagers (“Bets”) or using the Services;

3.5.3 You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;

3.2.6 You are not prohibited for any reason from betting with us or from using the Services; and

3.3.7 You are not currently subject to self-exclusion from a Hard Rock Bet Account and we have not excluded you from gambling.

Section 4. ACCOUNT REGISTRATION

4.1 To use the Services, a Patron will first need to register for an account with Hard Rock Digital. The Patron may access any of the Services from the Patron’s Account. The Patron is prohibited from allowing any other person to access or use the Patron’s Account.

4. 2A Patron can open an Account with Hard Rock Digital by choosing a unique account name and password and entering other information that we ask for on any Hard Rock Digital registration form such as first and last name, social security number, physical address, email, gender, birth date, and telephone number.

4.3 The Patron shall ensure that the details provided at registration are accurate and kept up to date. The Patron can change the details the Patron provides at registration at any time by editing the Patron’s Account preferences. Please see Hard Rock Digital Privacy Policy for further details regarding what information we collect, and how that information is used, shared, and stored. Alternatively, the Patron can contact Hard Rock Digital for further information.

4.4 There are no set-up charges for opening the Patron’s Account. Hard Rock Digital is not a bank and funds are not insured by any government agency. All payments to and from the Patron’s Account must be paid in U.S. dollars and shall not bear interest, and the Patron shall ensure that all payments into the Patron’s Account are from a payment source for which the Patron is the named account
holder.

4.5 To place a bet, the Patron will be required to pay funds into the Patron’s Account. Such funds will be deposited into the Patron’s Account upon actual receipt of funds by Hard Rock Digital or Hard Rock Digital agents. Minimum and maximum limits may be applied to the payments into the Patron’s Account, depending upon the Patron’s history with Hard Rock Digital, the method of deposit, and other factors as determined solely by Hard Rock Digital. For further details of current deposit and cash out options and fees, please contact Customer Service via email ([email protected]) or by phone +1 (615) 866-0667.

4.6 Deposits and withdrawals may be subject to review. In the case of suspected or fraudulent activity, Hard Rock Digital may suspend or terminate the Patron’s Account and may refund or refuse to refund any monies contained in the Patron’s Account in Hard Rock Digital’s sole discretion.

4.7 A Patron can request withdrawals from the Patron’s Account at any time provided all payments made have been received. Hard Rock Digital reserves the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made.

4.8 To use certain Services, the Patron may first need to download and install software as provided on the relevant platform.

4.9 Account statements are available to the Patron, which detail the Patron’s Account activity.

Section 5. BREACH

If you are believed to have breached any of the Terms of Service, Hard Rock Digital may cancel any Bet you may have placed, shall not be obliged to pay any winnings which might otherwise have been payable in respect to any Bet you placed, and may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.

Section 6. SPORTING EVENT PARTICIPANTS

No amateur or Olympic athlete may directly or indirectly wager or Bet on a sporting event if the wager is based on the sport or athletic event in which the athlete participates and that is overseen by the athlete’s sports governing body. No professional athlete may directly or indirectly wager or Bet on a sporting event if the wager is based on any sport or athletic event overseen by the athlete’s sports governing body. No owner or employee of a team, player, umpire or sports union personnel, or employee, referee, coach or official of a sports governing body may directly or indirectly wager or Bet on a sporting event if the wager is based on a sporting event overseen by the person’s sports governing body.

Section 7. PATRON IDENTITY

7.1 The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the debit card(s) or other payment accounts used
to deposit or receive monies into your Account. To verify your identity, Hard Rock Digital reserves the right to request satisfactory proof of identity and satisfactory proof of address at any time.

7.2 You consent to have your age and identity verified by Hard Rock Digital, and you acknowledge verifications associated with Internet or mobile gaming may result in a negative impact on your credit report. Failure to supply such documentation may result in suspension of the Account. You may not hold more than one (1) Account in connection with your use of any Hard Rock Digital platform. Hard Rock Digital reserves the right to close your Account(s) if you open multiple Accounts. Should Hard Rock Digital believe that multiple Accounts have been opened with the intention to defraud, Hard Rock Digital reserves the right to cancel any transaction related to said fraud attempt. Hard Rock Digital also reserves the right to suspend or close any Account and cancel any associated Bets where the Account holder and the owner of the funding instrument are not the same. If you have lost your Account name or password, please contact Hard Rock Digital for a replacement.

7.3 You agree to keep all your personal details current and up-to-date and acknowledge that your failure to do so may result in Bets or payments being declined or payments being issued incorrectly. You can update your personal details via the Websites, by chat, by telephone, or the App.

7.4 You acknowledge that you are prohibited from, deliberately or otherwise, transferring money from one (1) Account to another for any reason or no reason.

Section 8. OBLIGATIONS

8.1 In consideration of being permitted to register for an Account, you represent, warrant, and covenant the following:

8.1.1 Your participation in the games and sports wagering is personal and not professional;

8.1.2 You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority;

8.1.3 You fully understand the methods, rules, and procedures of the games and sports wagers, and, where and when appropriate, will seek advice or help when using our Services;

8.1.4 You will place all wagers on games and sports events through the various user interfaces provided on our Services and you will not wager through other means, including a robot patron or equivalent mechanism (a “bot”). The use of programs designed to automatically place Bets within certain parameters (i.e., bots) is not permitted on any games or sports events on any part of the Services;

8.1.5 You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. Hard Rock Digital reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this Section 8.1.5;

8.1.6 You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any ‘chat’ or ’forum’ facilities we provide, and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;

8.1.7 You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other Device (defined below) you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the Device you are using while accessing the Services; and

8.1.8 You accept and agree to abide by the rules of the games and sports wagers as set out on the Services, and any rules and terms for any offers in which you participate as set out on the Services from time to time.

Section 9. PROHIBITED PARTICIPANTS

The following persons (each a “Prohibited Participant”) are not permitted to establish a mobile gaming Account, or to use directly or indirectly any of the Services. “Prohibited Participant” means any Individual: (1) who is prohibited from wagering pursuant to the Sports Gaming Act, T.C.A. § 4-49-112; (2) who is on any self-exclusion list or Council exclusion list; (3) whose participation may undermine the integrity of the wagering or the Sporting Event (4); who is excluded from wagering for any other good cause; or (5) any person who makes or attempts to make a Wager as an agent or proxy on behalf of another.

Section 10. USE OF THE SERVICES

10.1 In the interest of ensuring fairness, Hard Rock Digital may take any measures it deems appropriate to create a fair and balanced game play environment.

10.2 Hard Rock Digital reserves the right to suspend, modify, remove, or add to any of the Services (collectively, a “Change”) in Hard Rock Digital’s sole discretion with immediate effect and without notice, and Hard Rock Digital will not be liable for any such action or Change.

10.3 Hard Rock Digital forbids the use of all unfair practices when using the Services. Hard Rock Digital does this to protect its patrons and the integrity of the Services. If you are found to be participating in any form of collusion or other activities that Hard Rock Digital considers to constitute cheating, your Account may be permanently closed, and any balance may be at risk of forfeiture or withholding as per Section 22 of these Terms of Service.

10.4 Hard Rock Digital reserves the right to suspend your use of certain of the Services, platforms, or any games on the Services for any reason.

10.5 No communications or information published on the Services are intended to constitute legal or tax advice, and Hard Rock Digital accepts no liability for any reliance on such content.

10.6 For the purpose of any reference to time in connection with your use of the Services, Hard Rock Digital uses the Eastern Time Zone unless otherwise specified.

10.7 Use of the Services is for your personal, entertainment use on a single computer or device. You may not use, reproduce, display, distribute, or otherwise utilize the Services or any intellectual property contained therein for any commercial purpose.

10.8 By accessing the Services, including Hard Rock Digital platforms and Hard Rock Digital software, you represent and warrant to Hard Rock Digital that: (i) you are 21 years of age or older;
(ii) you are physically located in the state of Tennessee while wagering; (iii) all details and information provided by you to Hard Rock Digital to setup your Account or otherwise participate in the Services are true, current, correct, and complete; and (iv) you consent to the monitoring and recording by Hard Rock Digital of any wagering communications and geographic location information.

10.9 Use of Services require you to be physically located within the state of Tennessee at the time of use and may impact your ability to access, claim, or use certain benefits associated with the Services. If Hard Rock Digital or any third-party providers are unable to precisely track your location for any reason, you may be prevented from accessing or using the Services. Hard Rock Digital is not liable for your inability to access or use the Services. Subject to regulatory oversight, Hard Rock Digital reserves the right to declare null and void any wagers or Bets that were placed in violation of the Terms of Service, including but not limited to Bets or wagers that were placed from a state or foreign jurisdiction outside of Tennessee and Bets or wagers placed by Prohibited Participants. To use the Tennessee wagering feature of the Services, you must be physically located in the state of Tennessee at the time of use. Hard Rock Digital may require you to verify your identity, age, or physical location, and Hard Rock Digital may terminate your access to the Services if you fail to do so.

Section 11. ACCOUNT SECURITY

11.1 You are responsible for maintaining the security and confidentiality of your Account and you will not allow any third party to use it. You agree to keep your username and password strictly confidential. You should change your password on a regular basis and never disclose it to any third party. Any failure to do so shall be at your sole risk and expense, and you are responsible for any misuse of your password. Every person who identifies themselves by entering a correct username and password is assumed by Hard Rock Digital to be the rightful Account holder, and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will Hard Rock Digital be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. We shall not be required to maintain Account names or passwords. If you lose your Account name, username, or password, please contact Hard Rock Digital for a replacement. If you misplace, forget, or lose your Account name, username, or password as a result of anything other than Hard Rock Digital error, Hard Rock Digital shall not be liable.

11.2 If a third party accesses your Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you, and you hereby agree to indemnify and hold harmless Hard Rock Digital against all costs, claims, expenses, and damages howsoever arising in connection with the use of or access to your Account by any third party.

11.3 You will not attempt to sell or otherwise transfer the benefit of your Account to any third party, nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party. Hard Rock Digital will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You hereby agree to indemnify and hold harmless Hard Rock Digital against any costs, claims, damages, and expenses arising in connection with the use of, or access to, your Account by any third party as a result of your negligence, breach of these Terms, fraud, dishonesty, or criminal activities.

Section 12. INTELLECTUAL PROPERTY

Except for Patron Submitted Content (as defined in Section 15), we and our licensors own, solely and exclusively, all rights, title and interest (including, but not limited to, copyrights) in and to the Services, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials on the Services, the look and feel, design and organization of the Services, and the compilation and organization of the foregoing (collectively, the “Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Services does not transfer, assign, or grant to you any right, title, or interest in or to any Content or any other part of the Services, nor does it grant you any license to use or display any of the foregoing except as expressly permitted in Section 13.

Without limiting the foregoing, the trademarks, logos, service marks and trade names displayed on the Services, including, but not limited to, “Hard Rock” (collectively the “Trademarks”), are the registered and unregistered trademarks of Hard Rock, its affiliates or third parties and may not be used unless Hard Rock, or its affiliate or the third party, as applicable, that owns such Trademark, expressly authorizes such use in writing. Nothing contained on the Services should be construed as granting, expressly, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Services or included in the Content, without our prior written permission or that of the applicable third-party rights holder.

Section 13 LIMITED LICENSE

Subject to these Terms of Service and your compliance with these Terms of Service, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access, view, use and display the Services and Content on your computer or other device from within the United States of America for your personal, non-commercial use only. No part of the Services or Content (or any of our products or services advertised or sold on or through the Services) may be copied, reproduced, republished, reverse engineered, decompiled, disassembled, exploited, downloaded, uploaded, posted, transmitted, modified, translated, derived, exploited, distributed, or used in any manner whatsoever, without our prior written consent or that of the applicable third-party rights owner. Further, with respect to any software within the Services or Content, you may not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the software; (c) make any software available to any third party through a computer network or otherwise; (d) export the software to any country (whether by physical or electronic means); or (e) use the software in a manner prohibited by applicable laws, regulations and/or this Agreement.

Section 14. DEPOSITS AND WITHDRAWALS

14.1 Deposits. To make Bets on the Services, you need to deposit funds in your Account. All funds in Accounts are held in a separate non set-off account. Funds deposited via a payment provider may take a few days to clear before they appear in this Account, during which time they will be held in the account of the relevant payment provider. The funds in your Account are held on your behalf to satisfy any payment obligations you may incur from sports betting through the Services. Interest is not payable on Account funds.

14.2 When you make a deposit, you represent and warrant the following:

14.2.1 All money that you deposit in your Account originates from a payment source of which you are the legal owner;

14.2.2 All money that you deposit in your Account is unconnected to any illegality and does not originate from any illegal activity or source; and

14.2.3 You authorize all payments into your Account and will not attempt to reverse a payment or take any action which will cause such a payment to be reversed to avoid any legitimate liability.

14.3 You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you that Hard Rock Digital deems suspicious may be reported to the appropriate authorities.

14.4 Payment for sports gaming activity or for deposit into a player account shall be made by debit card, electronic bank transfer, online or mobile payment systems that support online money transfers, winnings or payouts, a verified reloadable prepaid card or gift card, and any other means approved by the Council that is initiated with cash. Other forms of payment may be utilized only upon written approval of the Council.

14.5 Withdrawals. Hard Rock Digital has a number of controls and checks that take place before any withdrawal request is processed as part of our ongoing commitment to maintain the security of your funds. Withdrawals from your Account can be requested via ACH, Venmo, or PayPal.

14.6 Your use of Services serves as acknowledgement that the Form 1099-Misc may be issued by Hard Rock Digital as applicable law requires.

Section 15. PATRON CONTENT

15.1 Abusive or offensive language will not be tolerated on Hard Rock Digital chat boards, or otherwise by any Patron on the platforms, Services, or with our staff. In addition, you are not entitled to make untrue, malicious, or damaging comments about our operation in any media or forum.

15.2 Hard Rock Digital may reject or delete any Patron Submitted Content which in Hard Rock Digital sole opinion violates the terms of these Agreements. Unless specifically requested by us, we neither solicit nor wish to receive any confidential, secret, or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, reviews, ratings, feedback, or other information, content or materials that you submit, post, upload, distribute, store, send, or transmit to, on or through the Services in any manner (collectively, “ Patron Submitted Content”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner, without restriction.

By submitting, posting, uploading, distributing, storing, sending or transmitting Patron Submitted Content to, on or through any Service, you: (i) you represent and warrant that your Patron Submitted Content comply with these Terms of Service (including, without limitation, Section 13), (ii) represent and warrant that either (a) your Patron Submitted Content is original to you and no other party has any rights thereto, or (b) that you have all licenses, rights, consents and permissions necessary to use such Patron Submitted Content, to submit them to the Services for our use, and to validly grant to us (and our affiliates) the license set forth in the following clause (iii), and that any “moral rights” in the Patron Submitted Content have been waived; and (iii) hereby grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable (through multiple tiers) right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export and incorporate into other works, products or services (including, but not limited to, the Services), in whole or in part, such Patron Submitted Content, in any form, media, or technology now known or later developed, for any purpose. We are not responsible for maintaining or storing, and may delete or destroy, any Patron Submitted Content that you provide. You agree to keep copies of all necessary supporting documentation and to make such records available to us upon our request.

15.3 Any violation of these Terms of Service may result in removal of the Patron Submitted Content, a suspension of the Patron’s use of the Services or such other action as may be reasonably required by Hard Rock Digital to ensure compliance.

Section 16. DORMANT ACCOUNTS

In accordance with Tennessee’s Uniform Unclaimed Property Act, balances in dormant accounts will be turned over to the Tennessee Department of Treasury for safeguarding. Your sports betting account will be deemed “dormant” if you have not logged in for a period of three (3) years.

Section 17. FRAUDULANT AND OTHER PROHIBITED ACTIVITIES

17.1 Hard Rock Digital has a zero-tolerance policy towards inappropriate play and fraudulent activity. If Hard Rock Digital suspects you have cheated or attempted to defraud Hard Rock Digital, made a fraudulent payment, engaged in any other fraudulent activity, or if your deposits failed to be honored by your bank for any reason, Hard Rock Digital reserves the right to suspend or close your Account and recover bad debts using whichever method may lawfully be available to Hard Rock Digital including, but not limited to, (i) debiting the amount owed by you from your Account; (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on your credit rating and will require Hard Rock Digital to share your personal information with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.

17.2 Subject to regulatory oversight, Hard Rock Digital reserves the right to void and withhold any or all winnings made by any patron where Hard Rock Digital has reasonable grounds to believe that a Patron has acted to defraud or damage Hard Rock Digital.

17.3 In the interests of data protection, security, and avoidance of fraud Hard Rock Digital does not permit use of any communication channels included within the Services to offer or promote any offers, products, and services. You are expressly prohibited from posting information or contacting Hard Rock Digital Patrons to offer or promote any offers, products, or services.

17.4 For the purpose of this Section, “suspicious wagering activity” shall refer to where we have reasonable grounds to believe that a Bet or a number of Bets have been placed under suspicious circumstances. Suspicious wagering shall include, but not be limited to:

17.4.1 Where there is an inordinate frequency and/or highly unusual pattern of Bets (by comparison with betting norms) placed on the same selection in a short space of time;

17.4.2 Where there is an inordinate frequency and/or highly unusual pattern of Bets placed on the same selection(s) and where the theoretical probability of said selection(s) winning at the time of Bet(s) placement, based on the odds offered on the selection(s) at the time of bet placement, is largely inconsistent with the theoretical probability of the same selection(s) winning calculated using their starting prices;

17.4.3 Where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional form which we reasonably believe was known to you or someone connected to you at the time of bet placement but was concealed from the public generally in order to gain an unfair advantage in any Bets placed on that event (or those events);

17.4.4 Where we have reasonable grounds to suspect that a Bet or a string of connected Bets were placed robotically, by automated means, or otherwise than through the Account holder placing each Bet manually via their Account;

17.4.5 Where we reasonably believe that you have used unfair external factors or influences connected with the event(s) the subject of any Bet(s);

17.4.6 Where we reasonably suspect that you have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Bets placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;

17.4.7 Where we otherwise believe, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf; or

17.4.8 Where we reasonably believe that Bets have been placed from a spoofed location.

17.5 In the case of any of the activities contemplated herein, and without restricting our ability to rely on other remedies that may be available to us, we may, acting reasonably, and depending on the circumstances:

17.5.1 Request such further information from you as may reasonably be required by us to investigate whether the Bet or Bets constitute suspicious betting for the purpose of Section 17.4.

17.5.2 Suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by us of satisfactory evidence from you in order for us to determine (acting reasonably) that a Bet does not constitute a suspicious Bet as such term is referred to in Section 17.4. For example, but without limitation, where we suspect that a Bet or a string of connected Bets may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each Bet was placed manually by you via your Account. You further acknowledge and accept that we reserve the right, at our sole discretion, to collect and process any information in connection with your betting patterns, personal data, depositing of funds and any other related information and inquiries that will help us to investigate any suspected violation of these Terms of Service;

17.5.3 Suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) business days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by Hard Rock Digital, any sports governing body, a gambling regulator, a law enforcement authority or any other third party);

17.5.4 Void a Bet or a string of connected Bets (including for example multiples) prior to the event. Where possible, we shall communicate to you in writing in advance that the bet(s) has (or have) been voided prior to the (first) event the subject of the Bet(s);

17.5.5 Calculate any winnings based on the starting price of the event(s) the subject of the Bet(s). Where possible, we shall communicate to you in writing in advance that any Bet(s) will be settled at the starting price; or

17.5.6 Where there is an inordinate frequency and/or unusual pattern of Bets placed on the same selection(s) in a short space of time and where we have reasonable grounds to suspect that the Bets are connected Bets, limit the payment of winnings in respect of those Bets (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Bets on any particular market or markets as set out in the House Rules.

17.6 Where we have reasonable grounds to believe that you have participated in, or have been connected with, any type of suspicious wagering, we shall use our reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.

17.7 We reserve the right to terminate an Account if we reasonably suspect any of the activities described in this Section to be in connection with that Account.

17.8 Where a Bet is deemed to be, or is declared, void by us prior to an event, any sum deducted from your Account with respect to that Bet shall be credited to your Account.

17.9 We reserve the right to seek to recover from you any losses we suffer that are directly or indirectly connected to any of these activities. This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms of Service or otherwise.

17.10 We will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of the collusive or other behavior in breach of this Section. Further, we reserve the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in this Section.

17.11 In exercising any of our rights under this Section, we shall ensure that we exercise such rights in a manner which is fair to you and to our Patrons generally. If you have any comments or questions in respect of this Section, please do not hesitate to contact Customer Service.

Section 18. LOCATION SERVICES

18.1 By registering to use the Services, you consent to the monitoring and recording by Hard Rock Digital (or Hard Rock Digital vendors) of any wagering communications and geographic location information for the purpose of determining compliance with the state and federal law.

18.2 Hard Rock Digital will handle all information collected through the Location Services in accordance with Privacy Policy. If you have any questions or concerns regarding the Location Services, you may contact Customer Service.

18.3 For the purposes of this Section, “Solution” means the combined elements that allow Hard Rock Digital (or Hard Rock Digital vendors) to run Geolocation Queries including the software, systems, processes, procedures, data tables, queries, rules engine, application programming interfaces (“API”), software development kits (“SDK”), programming tools, and documentation.

18.4 For the purposes of this Section, “Data” means any data extracted or derived from the Solution (whether provided by a Third-Party Supplier or otherwise), through a GeoLocation Query or Fraud Query, including, without limitation, the geographic location of an IP address, IP networks, information associated with IP networks, and any data that references IP addresses, mobile device locations or networks as well as longitude, latitude, mac address, hostname, OS name & version, date & time, time zone, running processes, network adapters, default browser, country, region, and city. Notwithstanding the foregoing, “Data” shall not include any information or data Hard Rock Digital (or Hard Rock Digital vendors) obtains independently from the Solution, even if any such independently obtained information or data is the same as any of the information or data extracted or derived from the Solution.

18.5 Hard Rock Digital uses Geocomply for its geolocation services. By accessing, using, or otherwise participating in the Services, you agree to the following Geocomply Terms of Use:

18.5.1 You are granted a personal, non-transferable, and non-exclusive right to use the Solution and Data for its personal or internal business purposes, as the case may be;

18.5.2 GeoComply or its licensors retain all of their intellectual property rights in and to the Solution and Data, and no title to such intellectual property is transferred to you;

18.5.3 You shall not reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to derive source code from the Solution, or modify, incorporate into or with other software, or to create derivative works of, the Solution, or allow any third party to do the same;

18.5.4 You shall not capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the Data, or allow any third party to do the same;

18.5.5 You shall comply with all applicable export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority, and shall not transfer, or authorize the transfer of, the Solution to a prohibited country or otherwise in violation of any such restrictions or regulations;

18.5.6 No warranty from GeoComply or its licensors is made to you in connection with the Solution or the Data, and there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose;

18.5.7 GeoComply and its licensors shall not be liable to the Patron for any indirect, consequential, incidental or special damages arising out of the use or license of the Solution or Data, regardless of the theory of liability (including negligence, tort and strict liability);

18.5.8 You shall not remove, alter, or obscure any copyright or other proprietary notices incorporated on or in the Solution by GeoComply or any of its licensors, or allow any third party to do the same;

18.5.9 You shall not make the Solution or Data available to third parties or use the Solution on behalf of third parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and shall not transfer or sublicense the Solution or Data or allow the Solution or Data to become subject to any lien;

18.5.10You shall not make any copies of the Solution or Data, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s and its licensors’ notices regarding proprietary rights; and

18.5.11 You shall comply with the Google Maps terms and conditions (as located at https://maps.google.com/help/terms_maps.html), the Google Legal Notices (as located at https://www.maps.google.com/help) and the AUP (as located at https://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.

18.6 SMS Service Alerts. To confirm that you opt-in to location data being used to validate your location, you must provide a valid cell phone number on registration. Hard Rock Digital requires this number in order to deliver an opt-in text message. In order to receive this opt-in text message, you must have a supported carrier. You must reply “yes” to that message to confirm your consent for location verification. If you do not consent to your location data being used to validate your location, you will not be able to access the games or sports wagering menus on the Services.

Section 19. ERRORS

You must inform Hard Rock Digital as soon as you become aware of any errors with respect to your Account or any calculations with respect to any Bet you have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, bonuses or payout, or any currency conversion as applicable, (“Error”) Hard Rock Digital will endeavor to make good faith efforts to try to place all parties directly affected by such Error in the position they were in before the Error occurred.

Subject to regulatory oversight, Hard Rock Digital reserves the right to declare null and void any Bets that were the subject of such Error and to take any money from your Account relating to the relevant Bets. If there are insufficient funds in your Account, Hard Rock Digital may demand in writing that you pay Hard Rock Digital the relevant outstanding amount relating to these Bets or wagers. In all circumstances whereby Hard Rock Digital determines an Error has been used to gain an unfair advantage, Hard Rock Digital reserves the right, subject to regulatory oversight, to consider this activity to be subject the Forfeiture and Closure provisions of these Terms.

Section 20. SELF-EXCLUSION

20.1 You may suspend activity on your Account for a period approved by the Council in its self-exclusion program, however, funds remaining in dormant accounts shall be presumed abandoned.

20.2 To request placement on Council self-exclusion list, please contact Customer Service.

20.3 You may set daily limits or place your Account in a time-out status restricting your ability to wager through the Services. The time-out period can be customized to meet your needs.

20.4 If you have elected to use any of the self-exclusion tools in connection with any of the Services, you acknowledge and agree that you are not permitted to open or use an Account with any other Hard Rock Digital platforms or services during the self-exclusion period you have selected.

20.5 If you need assistance in accessing any of the self-exclusion tools, please do not hesitate to contact Customer Service.

20.6 For more information on additional resources available if you or a loved one has a problem with gambling, please contact the REDLINE at 800-889-9789.

Section 21. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY

21.1 DISCLAIMER OF WARRANTIES. THE SERVICES AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HARD ROCK DIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES OR HARMFUL SOFTWARE OR HARDWARE OR THAT ANY INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE OR THAT THE SERVICES WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. Y O U HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE HARD ROCK DIGITAL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF THE SERVICES. YOUR ACCESS TO THE SERVICES, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES AND USE OF THE SERVICES OR ANY INFORMATION HARD ROCK DIGITAL MAY PROVIDE IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION, AND RISK.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE ADMINISTRATION, CREATION, PRODUCTION OR DISTRIBUTION OF THE SERVICES, AND ANY OF THEIR EMPLOYEES AND AGENTS.

21.2 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW:

21.2.1 YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND HARD ROCK DIGITAL ACCEPTS NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

21.2.2 HARD ROCK DIGITAL (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.

21.2.3 HARD ROCK DIGITAL IS NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. HARD ROCK DIGITAL WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE
WEBSITE AND YOU CONFIRM THAT HARD ROCK DIGITAL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. HARD ROCK DIGITAL RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.

21.2.4 HARD ROCK DIGITAL IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.

21.2.5 THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF HARD ROCK DIGITAL WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).

Section 22. FORFEITURE & ACCOUNT CLOSURE

HARD ROCK DIGITAL RESERVES THE RIGHT TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:

22.1You violate any of these Agreements;

22.2 Hard Rock Digital becomes aware that you have used or attempted to use the Services for the purposes of fraud, collusion, or unlawful or improper activity;

22.3 Hard Rock Digital becomes aware that you have played at any other online gaming site or services and are suspected of fraud, collusion, or unlawful or improper activity;

22.4 You have ‘charged back’ or denied any of the purchases or deposits that you made to your Account;

22.5 You become bankrupt or analogous proceedings occur anywhere in the world; or

22.6 Upon instruction of the appropriate law enforcement agency or regulatory body.

Section 23. TERMINATION

23.1 You are entitled to close your Account and terminate these Agreements for any reason on seven
(7) calendar days’ written notice to Hard Rock Digital by withdrawing the entire balance from your Account and sending a letter or email to Hard Rock Digital using the details at ‘Contact Us’. Hard Rock Digital will respond in writing within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been affected by Hard Rock Digital.

23.2 Hard Rock Digital is entitled to terminate these Agreements on seven (7) calendar days’ written notice (or attempted notice) to you at the email address you have provided. Hard Rock Digital shall give notice of the termination to you via email and as soon as reasonably practicable refund the balance of your Account. Where Hard Rock Digital has terminated pursuant to Section 22 any payouts, bonuses, and winnings in your Account are non-refundable and deemed forfeited.

23.3 Termination of these Agreements will not affect any outstanding wagers or Bets, PROVIDED that any outstanding wagers or Bets are valid and are not in violation of these Agreements in any way.

Section 24. NO ARRANGEMENTS FOR PROHIBITED PERSONS/EXCLUDED PERSONS

Hard Rock Digital is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any “excluded persons” that are listed on the “exclusion list.” You agree to use all reasonable efforts to ensure you are not one of these prohibited persons or excluded persons nor will you arrange for anyone who is to use the Services or the Software.

Section 25. INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Hard Rock Digital, Hard Rock Digital vendors, Hard Rock Digital affiliates and each of their respective directors, officers, employees, agents, and other partners from and against any and all claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees and expenses), made by any third party arising out of or related to (i) your use of the Software, Content or the Services, (ii) any of your Patron Submitted Content, (iii) your violation of the Agreements, (iv) your violation of applicable law, (v) your infringement of any intellectual property or other right of any other person or entity, or (vi) your conduct in connection with the Services. This indemnification, defense and hold harmless obligation will survive this Terms of Service and the termination of your use of the Services.

Section 26. NO COMMERICAL RESALE OR DUPLICATION

You agree not to reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Content, the Software, or the Services.

Section 27. THIRD PARTY WEBSITES

The material and links to third-party websites and resources that may be included on the Services are provided for informational purposes only. Providing links to these sites by Hard Rock Digital should not be interpreted as endorsement or approval by Hard Rock Digital of the organizations sponsoring these sites or their products or services. Hard Rock Digital makes no representations or warranties, express or implied, with respect to the information provided on the Services or any third- party website which may be accessed by a link from the Services, including any representations or warranties as to accuracy or completeness. Because Hard Rock Digital has no control over third- party websites and resources, you acknowledge and agree that Hard Rock Digital is not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Hard Rock Digital shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

Section 28. NOTICES/PLAYER COMPLAINTS AND DISPUTES

Initial complaints and disputes shall be resolved in a manner consistent with Rule 1350-02-.09 of the Tennessee Sports Wagering Council. Hard Rock Bet account holders are encouraged to contact Customer Service via email ([email protected]) or by phone (+1 (615) 866-0667) to file complaints and disputes. Hard Rock Bet will investigate any issue and provide a timely response not to exceed ten (10) business days. This response should be viewed as Hard Rock Bet’s final response. Please note that You are required to first file your dispute with Hard Rock Bet within thirty (30) days of the incident giving rise to the dispute. If You are not satisfied with the decision or solution presented by Hard Rock Bet, You may then submit the dispute to the Tennessee Sports Wagering Council using the form at the following link: https://www.tn.gov/swac/inquires/complaint.html. 

Section 28A. ARBITRATION

Either party may initiate binding arbitration for any claims that are not resolved by the procedures discussed in Section 28. 

All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, and/or your use of the Services, except for claims by the Hard Rock Digital for injunctive relief or claims for violations of the Hard Rock Digital’s intellectual property rights in the Services (“Excluded Claims”), shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer- related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court, or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision.

The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of filing fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary filing fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorneys’ fees in certain cases.

The parties understand that, absent this mandatory provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Section 29. GOVERNING LAW

These Terms of Service, and any claim or cause of action arising out of or relating to these Terms of Service, shall be governed, enforced, and construed under the applicable laws of Florida, without any waiver, or limitation, and without regard to conflict of laws principles that would require the application of any other laws. Hard Rock Digital and you shall bring and maintain any action or suit concerning or arising out of these Terms of Service or their relationship in federal or state court in Broward County, Florida. Hard Rock Digital and you consent to jurisdiction in federal or state court in Broward County, Florida, and will not raise, and will waive, any defenses based on venue, inconvenience of forum, or lack of personal jurisdiction there. Notwithstanding the above, Hard Rock Digital may initiate an action in any venue, including, but not limited to courts and agencies, e.g., the United States Patent & Trademark Office, to enforce, register, record, or affirm Hard Rock Digital’s or Hard Rock’s intellectual property rights.

Section 29A. NO CLASS ACTIONS

The Parties shall not pursue any claims arising under this Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration hereunder with any other proceeding.

Section 30. ADDITIONAL TERMS

30.1 Anti-Cheating Policy. Hard Rock Digital is committed to preventing the use of unfair practices in the Services, including but not limited to Patron collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on the Services including, but not limited to, opponent-profiling, cheating software, automated computerized software or other equivalent mechanism, or anything else that Hard Rock Digital deems enables you to have an unfair advantage over other Patrons not using such programs or systems (“AI Software”). You acknowledge that Hard Rock Digital will take measures to detect and prevent the use of such programs and AI Software using methods, and you agree not to use any AI Software or any such programs.

30.2 Membership in Hard Rock Digital VIP Program. Hard Rock Digital may offer, withdraw, revoke, or amend the terms of any membership of Hard Rock Digital VIP program at any time. For the avoidance of doubt, membership of Hard Rock Digital VIP program is at Hard Rock Digital’s sole discretion and your status as a member of Hard Rock Digital VIP program may be altered by Hard Rock Digital at any time.

30.3  Unity by Hard Rock™. Upon acceptance of these terms a Unity by Hard Rock™ account will be automatically created and associated with player’s Hard Rock Bet ID. Acceptance of Hard Rock Bet’s Terms of Service will also function as acceptance of the Unity by Hard Rock™ Terms and Conditions (https://unity.hardrock.com/loyalty-rewards-program-terms-and-conditions). 

PLEASE PRINT THESE TERMS OF SERVICE AND STORE FOR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

If you have any questions, please contact Hard Rock Digital Customer Service. Effective August 28, 2024.