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Terms of Service and Privacy Policy

TERMS OF SERVICE



LAST UPDATED: August 3, 2015

INTRODUCTION

This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and Sugarhouse HSP Gaming, L.P., and its affiliated entities (collectively “Company”, “we”, or “us”). This Agreement governs your access to and use of the SugarHouse Casino4Fun™ play-for-fun online casino, whether accessed via computer, mobile device or application, or any other technology (the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.

We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

REGISTRATION; ELIGIBILITY

You are required to create an account on the Services in order to take advantage of certain features of the Services. In order to confirm the accuracy of all account registration details you provide to us, we reserve the right to carry out verification checks on our own or through third-party service providers. When these checks are unable to verify that you are twenty one (21) years of age or over, or are unable to verify any other detail provided by you, we reserve the right to ask for additional proof. If we remain unable to confirm any detail provided by you within seventy two (72) hours (or such other period as we may from time to time specify) of your account being opened, then we will suspend your account until we receive satisfactory proof, as determined in our sole discretion.

You will create a password for your account on the Services. Your username will be your email address or your Rush Rewards account number (or similar Company loyalty program account number). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to you taking steps to prevent such occurrence by changing your password and notifying the Company.

Participation in the Services is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age. The Services are open to you only if you are the legal age of majority in the jurisdiction in which you reside. You cannot participate in the Services under any circumstances if you are not at least twenty-one (21) years of age. The Company makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Services residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Company, are responsible for compliance with applicable local laws.

DORMANT ACCOUNTS; ABANDONED ACCOUNTS

Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of three hundred sixty five (365) days or more. Use of your account may consist of:
(a) playing one or more of the games on the Services for Virtual Goods (as defined below); or
(b) purchasing Virtual Goods.

After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Company.

In the event that you return to the Services in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact our customer service team via email at [email protected] for a review of your account.

TERMINATION; DISCONTINUATION OF SERVICES

This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement and your Services account at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement and your account at any time and for any reason, without notice, and accordingly deny you access to the Services, including without limitation, if the Company determines in its sole discretion that you fail to comply with any term of this Agreement or that your use of the Services is harmful to the interests of another user or the Company. Upon any termination of the Agreement, all achievements and Virtual Goods that a user has acquired may, in Company’s sole discretion, be terminated and forfeited. You have no property rights in any achievements or Virtual Goods. Termination of this Agreement and your Services account for any reason will have no effect on (1) any Rush Rewards points and account You maintain, and (2) any Promotion (as defined below) prizes You have won (other than Virtual Good prizes, which will terminate with your Services account).

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive.

VIRTUAL GOODS; RESPONSIBLE GAMING

When you perform certain activities through the Services (e.g., creating an account; logging in to the Services on a periodic basis; etc.), we may grant you Virtual Goods for use in playing games on the Services. The Services also allow you to purchase Virtual Goods with real money for use in playing games on the Services. Virtual Goods include in-game currency, and may include trophies and other virtual items (collectively “Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by Company. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license.

Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services. Doing so is a violation of this Agreement and may result in termination of your account with the Services and/or legal action.

Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
As a result of a Virtual Goods purchase, we may credit bonus awards (e.g. comps) to your Rush Rewards account, redeemable in a Company brick-and-mortar casino property within 365 days of the date credited to your account. We will not credit such bonus awards as a consequence of your activity when playing Virtual Good games through the Services or as a result of any outcomes associated with playing such games. All such bonus awards will automatically and permanently expire 30 days after the date You redeem them.

We want you to enjoy the Services in a responsible fashion and request that you follow these simple guidelines:
(a) Please try to establish limits for the Virtual Good payments you are willing to make over any period of time before you start playing.
(b) Use of the Services is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances.
(c) Use of the Services is not recommended if it might interfere with your daily responsibilities.

COMMUNICATIONS OPT-IN

You expressly agree that as part of the Services you will receive communications by text message, push notification, and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by clicking the unsubscribe link contained in such emails or by emailing your request to opt out. You may stop receiving push notifications by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding “stop” to any promotional text received. You may not opt out of transactional emails.

Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.

PRIVACY

Use of the Services is subject to the terms of our Privacy Policy, which are hereby incorporated into and made part of this Agreement. By using the Services, you acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

INTELLECTUAL PROPERTY

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized by this Agreement or on the Services, you may not use, copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of, reverse engineer, decompile, disassemble, decode, or otherwise attempt to access the source code of, any of the Materials in any form or by any means, without the prior written authorization of the Company. The Company authorizes you to use the Materials only for personal, non-commercial use; provided that you keep intact all copyright and other proprietary notices contained in the original Materials. The trademarks, service marks, trade names, trade dress and logos contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or its licensors.

USER CONTENT

Where applicable through the Services (e.g., on a message board, through refer-a-friend/share win features, via chat functionality, via email or other correspondence to us, by creation of a “nickname” or username, etc.), you may be able to post your own content or information (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it or submit it for posting to public-facing portions of the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.

By posting any User Content through the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users, or the public.
You additionally authorize us to promote the activities you engaged in through the Services through various marketing activities, including without limitation:
(a) news articles posted online and visible to other users of the Services;
(b) leader boards published on the Services;
(c) email or text communications to other users of the Services;
(d) press releases; and
(e) other advertising across all media.

At all times we will use commercially reasonable efforts to ensure that your identity (other than your account username) is kept confidential in such activities, unless we otherwise receive your permission.

CODE OF CONDUCT

You agree that you will not use the Services to:
(a) upload, post, email, text, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email, text or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, text or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, text, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(h) upload, post, email, text or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) “stalk” or otherwise harass another user;
(l) solicit, collect, or store personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
(m) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services;
(n) access the Services by any means except through the interface provided by the Company for access to the Services;
(o) create or maintain any link from another website or application to any page or functionality on the Services;
(p) run or display the Services or any information or material displayed on the Services in frames or through similar means on another website or application; and/or
(q) cheat, collude, or engage in other fraudulent, illegal, or restricted activity in your play of Virtual Good games through the Services or in your use of any bonus awards or Promotion prizes.

The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, User Content that violates this Agreement or is otherwise objectionable, as determined in the Company’s sole discretion. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.

If you suspect any player is cheating, colluding, or engaging in any other fraudulent activity in playing Virtual Good games through the Services, it should be reported to us immediately by email to [email protected] identifying the player or players’ usernames or aliases involved and including a brief description of their suspect activities.

PROMOTIONS

As a result of a Virtual Goods purchase, we may credit bonus awards (e.g. comps) to your Rush Rewards account, redeemable in a Company brick-and-mortar casino property within 365 days of the date credited to your account. We will not credit such bonus awards as a consequence of your activity when playing Virtual Good games through the Services or as a result of any outcomes associated with playing such games. All such bonus awards will automatically and permanently expire 30 days after the date You redeem them.

Any sweepstakes, contests, raffles, surveys, prize games, or similar promotions (each a “Promotion”) made available through the Services may be governed by specific rules that are separate from and in addition to this Agreement, and all such additional rules are hereby incorporated into this Agreement. Detailed rules for current Promotions, including current Daily Free Prize Games (as defined below), are available here. By participating in any Promotion, you will become subject to those rules in addition to this Agreement. The Company urges you to read the applicable rules, which may be linked from the particular Promotion, and to review our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the rules of a Promotion conflict with this Agreement the rules of the Promotion will prevail. You may not participate in any Promotion awarding a prize other than Virtual Goods if you or a member of your household, are or have ever been, an employee of Company. For the purposes of this clause an “employee” includes third-party contractors of Company such as licensors, software suppliers, developers, or partners, and all people in any way affiliated with them. At any time and without notice, we reserve the right to terminate, or change the terms of, any Promotion, and we shall not incur any liability for such a change or termination.

Daily Free Prize Games: We will make daily free prize game Promotions (each a “Daily Free Prize Game”) available through the Services. While each Daily Free Prize Game will have its own set of detailed terms, the following terms apply to all Daily Free Prize Games. In order to participate in the Daily Free Prize Games, You must have an active Services account. Each calendar day from 8:00 p.m. EST through the following calendar day at 7:59 p.m. EST, we will provide You the opportunity through the Services to play one Daily Free Prize Game.
Every play of a Daily Free Prize Game will result in the award of at least one prize. Certain prizes may have limited availability, and We reserve the right to substitute any prize, at any time and for any reason, for a different prize of equal or greater value.

Possible prizes for Daily Free Prize Games include:
(a) Virtual Goods (awarded immediately and credited to your Services account)
(b) Free slot play at a Company brick-and-mortar casino (redeemable only at a Company brick-and-mortar casino)
(c) Entries into other Company Promotions
(d) Mystery prize (redeemable only at a Company brick-and-mortar casino)
(e) Specific prize/gift (redeemable only at a Company brick-and-mortar casino)

All prizes and free slot play designated above as “redeemable only at a Company brick-and-mortar casino” must be redeemed within 30 days of award or will automatically and permanently expire. You are limited to redeeming only one such prize or free slot play award every 24 hours. It is not necessary for You to create a Rush Rewards account prior to participation in a Daily Free Prize Game, but you must create the account prior to redemption of any prize or free slot play at SugarHouse Casino (1001 N. Delaware Ave). All winners must also present valid picture identification (driver’s license, state identification card, current passport, alien registration card or military identification card) in order to collect such prizes.
All free slot game play which You redeem must be played by You within thirty (30) days of the redemption date, or it will automatically and permanently expire.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, arising from or relating to (i) your use of the Services; (ii) any use of your account by you or any other person; (iii) any User Content you submit to or transmit through the Services; or (iv) your breach of this Agreement.

DISCLAIMER; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES (INCLUDING VIRTUAL GOODS), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW; JURISDICTION; VENUE; DISPUTE RESOLUTION

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Chicago, Illinois before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company, as defined herein, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

MISCELLANEOUS

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

This Agreement, including the Privacy Policy and other Promotion rules incorporated herein, constitutes the entire and only Agreement between the Company and each user of the Services with respect to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

The failure of the Company to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit Company’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable, then the unlawful, void, and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.

CONTACT INFORMATION

If you have any comments or questions regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at [email protected].




SUGARHOUSE CASINO PRIVACY POLICY



Last Updated: February 9, 2015 This Privacy Policy explains how personal information about you is collected, used and disclosed by SugarHouse HSP Gaming, L.P. (d/b/a SugarHouse Casino and hereinafter referred to as “SugarHouse Casino”). This Privacy Policy applies to information we collect when you use our websites, mobile applications or other online or mobile products and services (collectively, the “Services”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of the policy, and, in some cases, we may provide you with more prominent notice (such as by adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access our Services to stay informed about our information practices and about ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we may collect information when you submit a Rush Rewards application, request a win loss statement, complete a Contact Us form, fill out our guestbook, plan an event, subscribe to text message updates, participate in contests, promotions or surveys or otherwise communicate with us.

The types of information we may collect include contact information (such as name, postal address, company name, email address and phone number), demographic information (such as age, date of birth and gender), government identification information (such as driver’s license number), employment information (such as current occupation and employment history), your Rush Rewards player card number and other contact or identifying information you choose to provide.

Information We Automatically Collect

When you access or use our Services, we may also automatically collect information about you, including.
• Log Information: We log information about your use of the Services, including the type of Internet browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
• Location Information: We may with your consent collect information about the location of your device each time you access or use one of our mobile applications. For more details, please see “Your Choices” below.
• Information Collected by Cookies and Other Tracking Technologies: We may use various technologies to collect information via our Services, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. For more information about cookies, and how to disable them, please see “Your Choices” below. We may also collect information using web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.

Information We Collect From Other Sources

We may receive information about you from other sources and combine or link that with information we have about you. For example, if you authorize SugarHouse Casino to connect to certain third-party social networking sites, we will access information about you from those sites, such as your name, account information, friend lists, and any other information you make publicly available in accordance with the authorization procedures determined by such social media site.

Use of Information

We use information collected through our Services for purposes described in this Privacy Policy or otherwise disclosed to you in connection with our Services. For example, we may use your information to:
• Communicate with you about our or other companies’ products, services, offers, promotions, rewards, and events and provide other news and information about SugarHouse Casino and other companies with which we partner;
• Provide, maintain and improve our Services;
• Provide and deliver the products and services you request, process transactions, and to send you related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve your experience on the Services and provide ads, content, or features that match user profiles or interests;
• Process and deliver contest entries, rewards and surveys;
• Process and evaluate your application for employment; and
• Link or combine with other information we get from other companies to help understand your needs and provide you with better service.

SugarHouse Casino is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S.

Sharing of Information

We may share personal information about you as follows or as otherwise described in this Privacy Policy:
• With other companies with which we partner for their direct marketing purposes. If you are a California resident, please see “Your Choices” below for more information about this sharing.
• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
• In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
• In response to a request for information if we believe disclosure is required by, or is in accordance with, any applicable law, regulation or legal process. For example, we may share information we collect with relevant gaming authorities, such as the Pennsylvania Gaming Control Board;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of SugarHouse Casino or others; and
• With your consent or at your direction including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Social Sharing Features

The Services may offer social sharing features and other integrated tools (such as the Twitter “Tweet” button), which let you share actions you take on our Services with other media. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

If you use the message boards, chat rooms, comment tools, or other public forums of the Services, you will be publicly identified by the user name, nickname, or other User Content (as defined in our Terms of Service) you submit. Additionally, when you participate in our online play-for-fun casino Services, we may also identify you by your user name, nickname, or other User Content you submit on leader boards, “hot player” boards, and other public-facing features of those Services. All information you provide on these public forums will be viewable by the general public. We cannot be responsible for any personal or sensitive information you choose to post on public forums and we recommend careful consideration before you post such information. You agree that you will not disclose personal or sensitive information relating to any other person in a public forum of the Services without that person’s prior, express consent.

Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by SugarHouse Casino and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit: www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices.

Security

SugarHouse Casino takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Your Choices

Promotional Communications

You may opt out of receiving promotional emails or text messages from SugarHouse Casino by following the instructions in those emails or text messages. If you opt out, we may still send you transactional or relationship messages, such as emails or text messages about our ongoing business relations.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at [email protected]ugarhousecasino.com. However, please note that under the law, Services such as ours that permit California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please send your opt-out request to [email protected].

Push Notifications

With your consent, we may send push notifications to your mobile device to provide game-related information, service updates, promotional communications and other related messages. You can deactivate these notifications by changing your notification settings on your device.

Location Information

If you initially consent to our collection of location information via one of our mobile applications, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, certain features of our mobile applications may no longer function. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.

Cookies; Web Beacons

Some web browsers incorporate a "Do Not Track" feature that signals to websites that you visit that you do not want to have your online activity tracked. Please note that we do not interpret or respond to "Do Not Track" signals. However, you can usually choose to set your browser to remove or reject cookies and web beacons. Please note that our Services may not function properly if you do so.

Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].




DAILY FREE PRIZE GAME RULES



PROMOTION DESCRIPTION

Participants of the Daily Free Game (“Game”) will have the opportunity to spin a digital wheel that will have various prizes depicted in the multiple slots of the wheel. The program will select the slot at which the wheel will stop. The participant will win that prize.

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

PROMOTION PERIOD

Each calendar day from 8:00 p.m. EST through the following calendar day at 7:59 p.m. EST from launch date until terminated by SugarHouse Casino. The database clock for Sponsor’s web site will be the official timekeeping device for the Game.

ELIGIBILITY

The Daily Free Prize Game is sponsored by Sugarhouse HSP Gaming, L.P. (d/b/a SugarHouse Casino) hereinafter referred to as Sponsor (“Sponsor”). This Game is governed by these official rules and the Sponsor Terms of Service Agreement located here (collectively, the “Rules”). By participating in the Game, you agree to abide by these Rules, including all eligibility requirements, and understand that the results of the Game, as determined by Sponsor and its agents, are final in all respects. The Game is subject to all U.S. federal, state and local laws and regulations (including gaming regulations) and is void where prohibited by law or any gaming regulatory agency. This Game is open only to residents of those jurisdictions where participation is not prohibited by law, including by way of age, and who hold a valid Sponsor account for the SugarHouse Casino play-for-fun online casino (“Account”). You cannot participate in the Game under any circumstances if you are not at least twenty-one (21) years of age. The Sponsor makes no representation that the Game is appropriate or available for play in jurisdictions outside the United States, or that the Game and these Rules comply with the laws of any other country. Players of the Game residing outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. To register for an Account, visit www.sugarhousecasino.com. Employees of Sponsor and its affiliated entities, and their immediate family members and persons living in the same households, are not eligible.

HOW TO ENTER; GAME PLAY

Participation in the Game is free, and each participant can play the Game one (1) time each day that she/he logs into her/his Account during the Promotion Period. Each participant is limited to one (1) play per day during the Promotion Period. For purposes of these Rules, a day is defined as the twenty-four (24) hour period during a Promotion Period. Once a participant has played the Game, she/he will be informed immediately following the spin of the prize awarded, subject to verification of eligibility for certain prizes designated as “redeemable only at Sponsor brick-and-mortar casino.” A participant must be logged in to his/her Account during the Promotion Period in order to play the Game, but a participant is not required to visit, participate in, or otherwise interact with any other features or functionalities of Sponsor’s Casino4Fun services in order to participate.

Sponsor reserves the right in its sole discretion to terminate, modify, or suspend the Game at any time. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including without limitation computer errors that erroneously award prizes.

Any participant who violates the Rules will be declared ineligible. Multiple Accounts linked to the same participant will be disqualified. Under no circumstances shall a participant allow or permit any other person or third party to participate in the Game or use such participant’s Account in any way. If a dispute results as to the identity of a Game participant, it will be determined to be the authorized Account holder for the Account from which the Game play occurred. Play of Games via a bot or any other automated means will be deemed void if discovered. Persons found tampering with the Game in any way to gain an unfair advantage, violating the fair play or spirit of the Rules, or abusing any aspect of this promotion may be disqualified, in Sponsor’s sole discretion. Sponsor’s decisions are final on all matters relating to the Game.

PRIZES

Prizes for the Game include:
Prize Notification Redemption Location
Free Slot Play (up to $25) Email Rush Rewards service desk at SugarHouse Casino
Food Comps Email Rush Rewards service desk at SugarHouse Casino
Virtual credits playable on Sponsor's Casino4Fun games Instant Casino4Fun Website
Mystery Prizes Email Rush Rewards service desk at SugarHouse Casino
Sweepstakes Entries Instant N/A


For additional information on sweepstakes entries, see Casino4Fun Sweepstakes Rules. The Casino4Fun Sweepstakes Rules are incorporated into and constitute part of these Daily Free Prize Game Rules.

Sponsor reserves the right to change any prize to one of equal or greater value, in its sole discretion. Prize winnings with values in excess of $0 are taxable events. All federal, state and local income taxes associated with each prize are the sole responsibility of the winner and winner may be issued a form 1099. All expenses or costs associated with acceptance of the prize not mentioned in these Rules are the sole responsibility of the winner. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prize awarded. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. All guarantees and warranties on merchandise prizes are subject to the manufacturers’ terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. Prizes are non-transferable and are not redeemable for cash except at the Sponsor’s sole discretion.

PRIZE REDEMPTION

All prizes and free slot play designated above for redemption at "Rush Rewards service desk at SugarHouse Casino" must be redeemed within 30 days of award or will automatically and permanently expire. You are limited to redeeming only one such prize or free slot play award every 24 hours. It is not necessary for you to create a Rush Rewards account prior to participation in a Daily Free Prize Game, but you must create the account prior to redemption of any prize or free slot play at SugarHouse Casino (1001 N. Delaware Ave). All winners must also present valid picture identification (driver’s license, state identification card, current passport, alien registration card or military identification card) in order to collect such prizes.

All free slot play which You redeem must be played by You within thirty (30) days of the redemption date, or it will automatically and permanently expire.

In the event a potential prize winner declines a prize, is disqualified, or is unable to claim a prize for any reason, Sponsor may, in its sole discretion, deem the prize forfeited and not reward it to an alternate winner.

PRIVACY

All Game participant information is collected and used by Sponsor in accordance with Sponsor’s Privacy Policy.

By participating in the Game and accepting a prize, except where prohibited by law, each prize winner grants Sponsor and its designees permission to use her/his name, photograph, likeness, voice, biographical information, statements, other User Content (as defined in the Term of Service), and address (city and state only) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Sponsor additionally reserves the right to publish prize winners’ names in a winner list.

INDEMNIFICATION AND LIMITATION OF LIABILITY

By entering the Game, each participant agrees to indemnify, release, and hold harmless Sponsor and its affiliated entities, Sponsor’s advertising and promotional agencies, and all of their respective officers, directors, members, managers, employees, representatives and agents (collectively “Released Parties”) from any liability, damages, losses or injury resulting in whole or in part, directly or indirectly, from such participant’s participation in the Game and acceptance, use, or misuse of any prize that may be won. Sponsor and its affiliated entities do not make any warranties, express or implied, regarding the Game or any prize, including but not limited to the condition, merchantability, or fitness for a particular purpose of any prize.

DISPUTES

Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or rights and obligations of participants and Sponsor in connection with this Game, shall be governed by, and construed in accordance with, the substantive laws of the State of Delaware, without regard to its conflict of laws principles.




SWEEPSTAKES PRIZE RULES



DRAWING TIME

One random drawing (and no more than one) will occur between 10AM EST and 3PM EST on the first Monday of every month in 2017.

GENERAL SWEEPSTAKES DESCRIPTION

Participants can sign-up and play a daily free prize game at SugarHouse Casino’s website, Casino4Fun. See daily free prize game rules here. The daily free prize game will feature various prizes, including but not limited to, entries to this Sweepstakes. Sweepstakes entries are available only through the daily free prize game. Each player has the opportunity (but not the guarantee) to be awarded one entry per calendar day through the daily free prize game, but there is no limit to the overall number of entries across all players for each random drawing. Sweepstakes entries won on or before 11:59PM EST on the Sunday prior to a Sweepstakes drawing are valid for the next drawing, but will not rollover to any subsequent drawing.

SWEEPSTAKES DETAILS

One Sweepstakes random drawing (and no more than one) will take place the first Monday of every month between 10AM EST and 3PM EST. Seven (7) winners will be selected from each drawing to win their share of $1,000 FREE PLAY! Winners will be announced on the Casino4Fun website and notified via their email address on file.

Prize Value
1st Place $500 FREE PLAY
2nd Place $200 FREE PLAY
3rd Place $100 FREE PLAY
4th Place $50 FREE PLAY
5th Place $50 FREE PLAY
6th Place $50 FREE PLAY
7th Place $50 FREE PLAY


GENERAL PROMOTION RULES:
  1. Must be 21 years or older to participate and have valid Casino4Fun account (account registration is free).
  2. All eligible participants can play the daily free prize game once per calendar day (12Midnight EST to 11:59PM EST).
  3. All Sweepstakes prizes must be redeemed at SugarHouse Casino (1001 N. Delaware Ave), and all winners must have a Rush Rewards Card and present valid picture identification (driver’s license, state identification card, current passport, alien registration card or military identification card) in order to collect a prize.
  4. Sweepstakes winners will be announced on the Casino4Fun website and notified via their email address on file.
  5. SugarHouse Casino is not responsible for lost or unread emails, or emails caught within spam filters.
  6. Sweepstakes winners are not eligible for multiple wins per monthly drawing. Offer is non-transferable.
  7. All sweepstakes entries will be purged and forfeited from the drum at the end of the drawing. Entries do not roll over from month to month.
  8. All sweepstakes winners can claim their prize at the Rush Rewards Center at SugarHouse Casino within 30 days of being notified. All unclaimed prizes will be forfeited.
  9. Free slot play offers will be loaded to participant’s Rush Rewards Card; Free Play $500 or over must be used within 30 days of issue date; Free slot play is not redeemable for cash.
  10. Winners are responsible for all state and federal taxes if applicable.
  11. This promotion is subject to all applicable federal, state, and local laws and regulations, including gaming, and all aspect of the promotion is subject to the approval of appropriate regulatory authorities.
  12. Winners agree to allow the use of their name and likeness for promotions/advertising and announcements without compensation where permitted.
  13. No purchase necessary to participate in a Sweepstakes.
  14. SugarHouse Casino may disqualify any person for any prize based upon fraud, dishonesty, violation of promotional rules or other misconduct whether or not related to this promotion.
  15. Individuals who are excluded from casino facilities, either through a government program or by their own request, are not eligible.
  16. Employees of SUGARHOUSE CASINO are not eligible. Additionally, family members of employees of SUGARHOUSE CASINO including spouse, mother, father, brother, sister, children, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parents, step-children, grandmother, grandfather, grandchildren, are not permitted to participate in any SugarHouse Casino promotions or sweepstakes.
  17. Management reserves the right to change or cancel this promotion at any time.
  18. By participating in this event, participants agree to these rules, the Casino4Fun Terms of Service, and the Daily Free Prize Game Rules, all of which are incorporated herein by reference.
  19. A copy of the rules and any changes will be available at the Rush Rewards Center at SugarHouse Casino throughout the duration of the event.


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