Terms of Service
These Terms of Service were last updated on August 1, 2016.
YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT OFFERED VIA, OR ASSOCIATED WITH, THIS SITE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS OF SERVICE (THE “AGREEMENT”), WHICH FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND GOLDEN NUGGET ATLANTIC CITY, LLC. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY CEASE USING THIS SITE OR ANY SERVICES OR CONTENT OFFERED VIA, OR ASSOCIATED WITH THIS SITE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND THEM. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS, PLEASE CONSULT AN ATTORNEY.
Golden Nugget Atlantic City, LLC, a New Jersey limited liability company, with offices at Huron & Brigantine Blvd., Atlantic City, New Jersey 08401 (“we” or “us” or “our”) operates the website domains www.GoldenNuggetCasino.Com (collectively, the “Website” or “Golden Nugget Casino”). We are licensed and regulated by the New Jersey Casino Control Commission to offer real money internet casino gambling through the Website.
This Agreement covers the arrangements between you and us in relation to your use of the Website and any services or content offered via, or associated with, the Website, including but not limited to any online wagering games that we may make available through the Website from time to time, and any software you may download from us to enable you to play any such games.
In addition, you acknowledge and agree that all the following also apply:
In the event of any conflict between the terms of this Agreement and any of the above-referenced policies, terms or rules, the terms of this Agreement shall govern.
We reserve the right to suspend, modify, remove or add to any services or content, in our sole discretion, subject to any regulations, with immediate effect and without notice. In no event shall we be liable for any loss suffered by you resulting from any changes made and you shall have no claims against us in such regard.
The following words and terms, when used in this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1 Casino Lobby – The area from which online casino games are offered by us.
1.2 Casino Games - Any online gaming activities via the Website, including but not limited to electronic versions of roulette, blackjack, craps, slot machines, or any other games we may offer from time to time.
1.3 Player Account or Account - A personal account opened by an individual and maintained with us to enable that person to play online games for money.
1.4 System - The Website, Casino Lobby and all associated software through which internet gaming is offered by us.
1.5 Username & Password - The username and password which you choose on registration to access your account and play games for real money.
1.6 You, The Player, Yourself, User – The individual using the System, or any aspect thereof, to play any games offered through the Casino Lobby, or just to visit or use the Website in any other way.
2. Participation Requirements
2.1 You cannot use any aspect of the System, including but not limited to the Casino Games and/or the Website if you are:
2.1.1 Under 21 years of age.
2.1.2 Not physically located in the State of New Jersey.
2.1.3 Intending to breach the laws applicable to you by participating in any game, tournament, contest or wager.
2.1.4 Otherwise prohibited from participating in online wagering under any applicable law or regulation applicable to you or the System.
2.2 It is a criminal offense to play Casino Games if you are under 21 years of age, or to allow anyone under the age of 21 to participate in Internet or mobile wagering. We reserve the right to (a) request proof of age or identity at any stage to verify that minors or other prohibited persons are not using the System, and (b) cancel or suspend a person’s Account and exclude a person from using the System if we suspect such person is underage or otherwise ineligible. Any initial deposits made by the person in such Account shall be returned within 7 business days after cancellation. We reserve discretion to decide what to do regarding refund of any other amounts that may have accrued to the Account, subject to all applicable laws. Without limitation, you consent to our confirming your age, identity, and any other information necessary to comply with applicable laws.
2.3 All transactions take place in the State of New Jersey.
2.4 You acknowledge that during the time of playing you must be physically within the State of New Jersey.
2.5 Without limiting any other provision of this Agreement, you hereby agree and accept that certain third party services including GeoComply, will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing and using your location data in order to provide and improve location-based services. You may withdraw this consent at any time by turning off the location settings or by notifying us in writing that you would like to withdraw such consent.
2.5.1 We, either ourselves or through third parties, shall use geo-location of your computer and/or mobile device to determine if you are located within the State of New Jersey and gaming can occur.
2.5.2 The system shall use the IP address, mobile device and other computer-related connection items to determine the geo-location of any Player.
2.5.3 You can be geo-located at any time while using the System.
2.5.4 You hereby consent to the monitoring and recording by us and/or the State of New Jersey’s applicable regulatory authorities of any wagering communications and geographic location information about you and/or your Account.
2.6 Without limiting any other rights, we may cancel a person's Account and exclude a person from using the System if proof of age is not provided or if we suspect that a person is not at least 21 years of age. Any initial deposits made by the person in such Account shall be returned within 7 business days after cancellation. We reserve discretion to decide what to do regarding refund of any other amounts that may have accrued to the Account, subject to all applicable laws.
2.7 Without limitation, we reserve the right to verify your Account registration details, such as name, physical address, date of birth where you reside, date of birth and social security number to confirm eligibility. These verifications may involve our obtaining credit verification from one or more of the credit reporting agencies. We further reserve the right to verify that you have not been previously self-excluded with us or any affiliated casino property and otherwise remain on any applicable self-exclusion list.
2.8 By requesting certain documents, we reserve the right to verify your information, including your e-mail address and payment methods used, at any time. Requested documents may include, but are not limited to, (a) an identity card such as a valid passport or driver’s license, (b) proof of address such as a utility bill, and (c) proof of payment method. We may, in our discretion, require notarized document copies. Failure to comply when requested may result in termination of your Account. Any initial deposits made by the person in such Account shall be returned within 7 business days after cancellation. We reserve discretion to decide what to do regarding refund of any other amounts that may have accrued to the Account, subject to all applicable laws.
2.9 We reserve the right to perform background and credit checks on any Player for any reason, including, but not limited to, any investigation into the identity of the Player, any credit checks performed on him/her, or any inquiries into his/her personal history. The purposes for such investigations may include, without limitation, verification of registration details such as name, address and age, verification of financial transactions, and verification of gaming activity. In no event shall we be obligated to advise you of such an investigation taking place. Information received from any such investigation may be used to cancel or block any Account in our discretion.
2.10 YOU HEREBY ACKNOWLEDGE THAT VERIFICATIONS ASSOCIATED WITH INTERNET GAMING, SUCH AS THOSE FOR IDENTITY OR LOCATION, MAY INVOLVE OUR USE OF INFORMATION FROM CREDIT REPORTING AGENCIES, AND THEREFORE MAY RESULT IN A NEGATIVE IMPACT ON YOUR CREDIT REPORT
3. Player Accounts
3.1 Before playing any Casino Games, you must create an Account. You must fully complete the Account registration form. All information you furnish in connection therewith must be correct and true.
3.2 You may only have one Account, for which you will register using your own legal name. You shall use the System to play games only via your own Account. Use of anyone else’s Account is prohibited. Any violation or attempted violation of any of these terms may result in the closing of all Accounts associated with you, forfeit of all money in such Accounts, and loss of your right to use the System.
3.3 We check the information you provide via entities licensed to provide geo-location and patron identification services by the State of New Jersey. If you provide inaccurate or otherwise unverifiable information, we may block your Account until you provide the information necessary to verify your identity.
3.4 You are responsible for keeping your username & password you decide to use strictly for your own use and to not give this information to anyone. We will not be held responsible for any theft, abuse or misuse of your Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.
3.5 You have access to all details concerning to your account including deposits, withdrawals and gaming activity. This can be accessed under the ‘My Account’ section of the website.
3.6 In order to use the System with your Account, you must deposit funds into your Account through any of the following means:
We reserve the right to add, modify, suspend or discontinue a deposit method at any time and without giving any notice. For more details about how to deposit funds, after your login, please click on ‘Deposit’.
4.1 We may impose transactional, daily, weekly and monthly limits on deposit and withdrawal amounts, depending on a combination of deposit method, Player transaction history, and Player Account status.
4.2 You represent and warrant that the funds that you use in your Account were not obtained illegally and are completely at your disposal, free and clear of all restrictions, obligations or encumbrances. It is your responsibility to ensure that all information needed by tax authorities is given and also to pay any applicable taxes, duties, or fees whatsoever. We may withhold and report any portion of your winnings required by applicable law (e.g., W-2G, 1099, and 1042S), and you hereby agree to provide any and all information we request which we deem in our sole discretion to be required in connection with any reporting obligations we have under applicable laws and release Company from any liability associated with your compliance therewith.
4.3 We reserve the right to request that any Player verify ownership of any deposit or payout method, either before or after executing any withdrawal request, and Player agrees to comply with any verification request in a complete and timely manner. Until the withdrawal funds have been verified, the funds shall be held by us.
4.4 When a Player wishes to withdraw money from his/her account, payments generally will be made as soon as reasonably possible (subject to up to three to five business days internal processing time). However, if at the time of a withdrawal request, a Player has any deposits which are pending confirmation of receipt funds (e.g., deposits by check, ACH or wire transfer), we reserve the right to delay any withdrawal payment until such deposited funds have been confirmed by the Player’s banking institution. Additionally, a Player may experience other delays due to any security review undertaken by us, or when any other provision of this Agreement allows or requires us to hold a payment. No responsibility is assumed for any delays caused by third parties in processing any withdrawal of funds.
4.5 Funds in Accounts do not earn any interest.
4.6 We reserve the right to run credit and identity checks on all Users with third party credit agencies, on the basis of the information provided to us by Users. In addition, we may from time to time use third-party electronic payment processors and/or financial institutions to process payments made by and to you in connection with the System. You agree to be bound by the terms and conditions of use of such third-party electronic payment processors and/or financial institutions.
4.7 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment or dispute or fraud relating to ACH/e-checks), we reserve the right to block a User's account, reverse any pay-out made and recover any winnings. Further, we may contact any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. Under no circumstances shall we be liable for any unauthorized use of credit cards, regardless of whether the credit cards were reported stolen.
4.8 After 365 days of Account inactivity (meaning no actual wagering, game play, deposit or withdrawal), you will be informed via email that you have been inactive and whether or not you have any remaining funds in the Account. You hereby acknowledge that, if your account remains dormant for more than 365 days, we have the right to close the Account and any funds remaining in the account shall be forfeited.
5. INTELLECTUAL PROPERTY RIGHTS & LIMITED LICENSE
5.1 We hereby grant you the non-exclusive, non-transferable, non-sub-licensable right to use the System, and all content available from the Website, solely for your personal use of the System, subject to the terms of this Agreement.
5.2 Other than downloading any necessary copy of any software from us necessary for you to use the System as contemplated in this Agreement, 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; or (b) sell, assign, sublicense, transfer, distribute, lease or otherwise distribute any System-related software.
5.3 All brand names, trademarks, images, text and other content on the Website are proprietary to us. You obtain no right in or to any such items other than the limited license granted to you in this Agreement for your own personal use of the System as contemplated herein.
5.4 You agree not to upload, post, email, transmit or otherwise make available through the System or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.5 Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement:
5.5.1 We respect the intellectual property rights of others and require users of the System and the Website to do the same. We may immediately remove or disable any content or suspend or terminate the Account of any person found to have infringed the rights of anyone else, or who has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available on the Website infringes upon a copyright, or otherwise violates your intellectual property rights, you should notify us by providing the following information:
(a) Identify the copyrighted work or other intellectual property that you claim has been infringed;
(b) Identify the material on the Website that may be an infringement with enough detail so that we may locate it on the Website;
(c) A statement by you indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
(e) Your address, telephone number, and email address; and
(f) Your physical or electronic signature.
Our designated agent for notice of claims of copyright or other intellectual property infringement is:
Huron & Brigantine Blvd.
Atlantic City, NJ 08401
ATTN: General Manager
Email: [email protected]
6. RESPONSIBLE GAMING
We are committed to safe, enjoyable online entertainment. However, we recognize that a minority of players can develop unhealthy gambling habits. While problem gambling is not easily detected, we have implemented a number of measures to help address the problem. Please see our Responsible Gaming Page for additional details.
6.1 Player Responsibility - To keep online gaming a fun, entertaining form of recreation, we urge all players to:
6.1.1 Establish what constitutes an acceptable loss before starting to play games for real money.
6.1.2 Never wager with real money if:
- you are younger than the legal gambling age
- It interferes with work or other responsibilities
- you are in recovery for addictive disorders or dependencies
- you are under influence of alcohol or other substances
- you are attempting to make up for prior gambling losses
- Online gaming is something you do not want to do
- you do not stop playing when it stops being fun
6.2 Players who suspect they may have a gambling problem should contact Customer Support immediately so we may work together on a course of action.
6.3 If you and/or someone you know has a gambling problem and wants help, you can also call 1-800-Gambler. You can also visit www.800gambler.org to obtain help in order to combat potential gambling problems.
6.4 The following tools/options for limits and self-exclusion are available for you to implement in your player Account:
- Set a limit on the amount you can deposit within a specified period of time.
- Set a limit on the amount you can wager within a specified period of time.
- Set a limit on the losses you can incur within a specified period of time.
- Set a limit on the amount of time you can play in any one session.
- Exclude yourself from playing for a definite or indefinite period of time. In setting any cooling off period you have the right to suspend your account for a period of no less than seventy-two (72) hours.
6.5 We will not accept a wager from you contrary to a limit or exclusion set by you. Changes to any of these settings must at all times comply with applicable laws and regulations. If You wish to lower Your Responsible Gaming Limits after they have been enabled, the Regulations require that You must wait until Your current limit expires before the new limit will take effect. With respect to removal from the self-exclusion list, once the notice is received, we will check whether the self-exclusion period has passed before revoking the self-exclusion.
6.6 Additional information is available on our Responsible Gaming Page.
7. PROHIBITED PRACTICES
In addition to any other inappropriate activity, or activity prohibited by any other provision in this Agreement, the following practices are specifically prohibited:
7.1 Illegal Funds and Unlawful Activities: You may not use the System in any way as a money transfer system, and you agree not to use the System for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S. Federal laws and/or the laws of the State of New Jersey, the regulations, directives or instructions of the New Jersey Division of Gaming Enforcement. If we suspect you may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the System may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we undertake no obligation to refund to you any funds that may be in your Account, subject to regulatory approval. In addition to terminating your access to the System and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us or our affiliates. We also reserve the right to inform relevant government authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity.
7.2 Cheating. Use of any betting techniques that we deem in our sole discretion to circumvent the standard house edge in our Casino Games is strictly prohibited. This includes, but is not limited to, any attempts at card counting or progressive betting systems (e.g. Martingale progression, paroli-system, D’Alembert-system, parley-system, etc.) or other irregular play. 'Irregular play' includes but is not limited to any one or more of the following types of play or any other play deemed by us to be irregular in our sole discretion: Even money bets with bonus money on Sic Bo, Craps, Roulette and Baccarat. If the game play on your Account indicates that you are using any betting techniques we disapprove, in our discretion, we shall immediately block the Account and retain any funds in said Account.
7.3 Circumvention: The System includes technology intended to identify Users engaged in fraudulent or unlawful activity. Any attempt to break into, access or otherwise circumvent our security measures is strictly prohibited. If we believe, in our discretion, that you are engaging in any such activity, we may terminate your access to the System and/or have your Account blocked, and may notify Interested Third Parties. If your Account is terminated or blocked in such circumstances, we undertake no obligation to refund to you all the funds that may be in your Account, subject to regulatory approval. In addition to terminating your access to the System and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other properties or services offered by us or our affiliates.
7.4 Inappropriate Content/Behavior. You may not post any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via any portion of the System, including but not limited to any chat function, Player image/avatar or in correspondence with Golden Nugget Casino staff. Any violation may result in suspension, modification, or cancellation of your Account.
8.1 We are a limited liability company, formed under the laws of the State of New Jersey, and licensed to operate the System by the State of New Jersey. We have received all material approvals necessary for the purpose of operating the Casino Games on the internet, under the names www.GoldenNuggetCasino.com and nj-casino.goldennuggetcasino.com.
8.2 We only allow access to playing games via the Casino Lobby through secured networks using encryption of the user name and password. You are not allowed to play any games or make any wagers using the System without passing our customer security login.
8.3 You may not use the Casino Games for any commercial use or on behalf of another person. Any use of the Casino games by you is solely for your own private purposes.
8.4 We employ technology for the encryption of username and password information, and any other sensitive information transferred to and from the client application and our servers, thus helping secure the Player and us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass our security. If we have any reasonable grounds, in our sole discretion, for suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass our security or the System, we will be entitled to terminate with immediate effect your access to the System and/or have your Account blocked, and we reserve the right to inform Interested Third Parties to the extent we determine necessary.
9. YOUR RESPONSIBILITIES
Without limiting any other provision of this Agreement, and in consideration of your opportunity to use the System to play Casino Games, you represent, warrant, covenant and agree as follows (all of which shall be deemed to be reaffirmed by you on each time you login to your Player Account thereafter):
9.1 You shall not transfer in any way whatsoever your rights under this Agreement without our prior written consent.
9.2 You are solely responsible for all taxes, fees and other costs incidental to and arising from any winnings, awards, prizes or other amounts you may receive as a result of playing Casino Games, or otherwise using the System.
9.3 You are acting on your own behalf in using the System.
9.4 You are 21 years of age or older and are not restricted by limited legal capacity.
9.5 All personal information and details which you give or have given in the process of registering with the Website and/or creating an Account are accurate, and you will continue to update such details should there be any changes.
9.6 You are not conducting criminal activities and/or intending to utilize your Account in connection with such activities. Nor are you using, intending to use, or intending to allow any other person to use the Casino Games, your Account, or any other aspect of the System for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law.
9.7 You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion or other prohibited or inappropriate scheme with any other Player or person in the course of any game you play via the Casino Lobby.
9.8 If applicable, the debit/credit card details supplied by you in creating and/or funding your Account are your own and the card has not been reported as lost or stolen.
9.9 You are not a person prohibited from engaging in internet gaming as provided in NJAC 13:690-1.3 or any other applicable law.
9.10 You are not currently listed on any self-exclusion list with the State of New Jersey Division of Gaming Enforcement as described in N.J.A.C. 13:69G,-Subchapter 2, nor any other exclusion list of any other state or entity governing gaming activities.
9.11 You shall not allow anyone (including a relative) to use your Account, password or identity to access or use the System. You shall be fully responsible for any activities undertaken on your Account by a third party. You will not reveal your Account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your Account is being used by a third party and/or any third party has access to your Account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
9.12 You are responsible for the security of your username and password on your own computer and any device via which you access the System. If your username and/or password combination is “hacked” from your device, due to any viruses or malware that is present on your device, you are solely responsible. You should report any possible hacking attempts or security breaches on your device to us immediately.
9.13 You fully understand the methods, rules and procedures of the System and Internet-based gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or engage in any conduct which may damage our business or reputation.
9.14 You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
9.15 You will abide by the terms of this Agreement and all additional rules and terms applicable to any particular games or activities as communicated by us in connection with the System.
9.16 You are solely responsible for any telecommunications networks and Internet access services and costs, other consents and permissions required in connection with your accessing and using the System.
9.17 If we determine or suspect that you have been using the System in any manner inconsistent with this Agreement, in violation of any applicable law, or in any other disruptive or inappropriate manner, we shall have the right to terminate your Account and take such action as we deem appropriate regarding any funds in such Account, subject to applicable regulatory approval.
9.18 You must not use any artificial intelligence to play on our System including, but not limited to, 'bots' or any other form of automated software to place Bets or enter promotions on your behalf. Only humans are permitted to play on our site.
10.3 If you continue to use the any aspect of the System after the posting of any changes on the Website, your continued use shall constitute your agreement to be bound by those changes. If you do not agree to be bound by relevant changes, you should cease using the Website, Casino Games, or any other aspect of the System.
11. RESERVATION OF RIGHTS
Without limiting any other rights we may have, we reserve, at our sole discretion, for any reason or no reason to do any of the following, subject to any regulatory requirements:
11.1 Refuse to register any person seeking to create an Account or otherwise register on the Website or to use the System.
11.2 Refuse to accept your participation for any reason in the Casino Games.
11.3 Change, suspend, remove, modify or add any game in the Casino Lobby.
11.4 Transfer, assign, and sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
12. GOVERNING LAW
13.1 Disputes Between Players. In the case of any dispute raised between Players brought to our attention relating to the System, we may (but are not obligated to) make efforts as we deem appropriate to assist and negotiate between the parties for the sake of reaching quick and amicable resolution. Any such negotiations shall be confidential among the parties.
13.2 Disputes With Us. Any dispute you have with us you will initially address to us via Customer Service to seek resolution through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Notwithstanding the foregoing, you acknowledge and agree that our computerized random-number generator and related technology will determine the randomly generated events required in connection with play of Casino Games and that, where any result shown on your hardware device connected to the System conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You further understand and agree that our records shall be the final authority in determining the terms of your use of the System and that we are not required to consider any dispute you may have with regard to our decisions in such matters. This provision does not prejudice any rights or remedies you may have at law or in equity.
13.3 Exclusive Jurisdiction in New Jersey. The parties mutually agree that any disputes between them not resolved as described above, shall be adjudicated in the state or federal courts located in Atlantic County, New Jersey. The parties expressly consent to the exclusive jurisdiction of such courts, irrevocably consent to personal jurisdiction in such courts, and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of New Jersey over any disputes arising in connection with, out of, or as a result of this Agreement or any access to or use of the System.
13.4 CLASS ACTION WAIVER. THE PARTIES FURTHER AGREE THAT ANY DISPUTES BETWEEN THE PARTIES SHALL BE CONDUCTED SOLELY IN YOUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
13.5 Regulatory Authorities. Nothing herein shall be deemed to contradict any applicable regulatory requirements in the State of New Jersey or to prevent the applicable regulatory authorities in the State of New Jersey from adjudicating or resolving any dispute relating in any way to the System in accordance with applicable New Jersey law and regulations.
14. NO WARRANTY
14.1 THE WEBSITE AND SYSTEM ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE WEBSITE OR SYSTEM OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SYSTEM LIES WITH YOU.
14.2 WE MAKE NO WARRANTY THAT THE WEBSITE OR SYSTEM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SYSTEM.
14.3 IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SYSTEM OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS; PROVIDED, HOWEVER, THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACKUP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
14.4 WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SYSTEM.
14 LIMITATIONS OF LIABILITY
You acknowledge and agree that:
14.5 You are free to choose whether to use the System, and you do so at your sole option, discretion and risk.
14.6 Neither we , nor our affiliated companies or any third party service provider (the "Affiliates") or any of our/their respective third-party licensors shall be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, or any third party's use of the System, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
14.7 Neither we, nor any Affiliates, nor any of our/their respective third-party licensors shall be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Website. The Company, its Affiliates and our/their third-party licensors are not responsible for the content contained on any Internet site linked to from the Website or via the Services.
14.8 Neither we, nor any Affiliates, nor any of our/their respective third-party licensors shall be liable to you or any third party for any modification to, suspension of or discontinuance of the Website, the System, your Player Account, or any portion of either.
14.9 In the event that any aspect of the System fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website or its contents or any error or omission in content or any other factors beyond our control: (a) neither we, nor any Affiliates, nor any of our/their respective third-party licensors shall be responsible for any loss, including loss of winnings, that may result; and (b) if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform us of the error and shall repay any winnings erroneously credited to your Account; provided that we also reserve the right, in our discretion to deduct an amount equal to those winnings from your Account or set off such amount against any money owed to you.
14.10 In the event that any Casino Game is at any time interrupted and/or disconnected (other than by voluntary termination by a Player which voids the game), when you start the game again, you will, to the extent technologically possible, be able to continue and complete the game exactly as if you had never left.
14.11 ANY MALFUNCTION OF THE SYSTEM DURING ANY GAME VOIDS ALL PAYS RELATING TO THAT GAME.
14.12 ANY MALFUNCTION OF THE SYSTEM RELATING TO ANY ACCOUNT VOIDS ANY ERRONEOUS PAY(S) TO THAT ACCOUNT.
15 EFFECT OF BREACHES BY YOU
15.1 You agree to fully indemnify, defend and hold us, our Affiliates, and each of our/their respective officers, directors and employees harmless from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of any (a) breach of this Agreement by you; (b) violation by you of any law or the rights of any third party; (c) improper use by you of the System or use by any other person accessing the System user your Account or User identification, whether or not with your authorization; or (d) acceptance of any winnings.
15.2 In addition to any other remedy available to us, if we determine or suspect that you have breached any of the terms and conditions of this Agreement or any other terms applicable to any aspect of the System, your winnings may be forfeited and we may retain any positive balance then existing in your Account pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, Account closure and/or legal action being taken against you.
16 DURATION AND TERMINATION
16.1 This Agreement is effective upon your registration to use the System, and shall continue in full force and effect unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and your Account (including your username and password) immediately without notice in the event: (a) we decide for any reason to cease making the System available either generally or specifically to you; (b) we determine or suspect that you have breached any of the terms of this Agreement; (c) your use of the System has been in any way improper or breaches the spirit of this Agreement; (d) your Account is associated in any way with any existing Account that has been terminated or blocked; or (e) any appropriate law enforcement agency or regulatory body so instructs.
16.3 Upon any termination, any balance in your Account will be either returned or withheld, either in whole or in part, in accordance with the terms of this Agreement and applicable law and regulatory requirements and approval.
17.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
17.2 No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
17.5 You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right, but assume no obligation, to provide communications in paper format.
17.6 Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to [email protected]
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.
TERMS FOR PARTICULAR GAMES
1. CASINO GAMES
Special rules for specific casino games may be found on each specific casino game page. Casino games are further subject to all other general terms and conditions listed above in this agreement.
3. LIVE DEALER TABLE GAMES
Due to Golden Nugget Live Dealer games offering real-time wagering alongside other patrons, if a patron is disconnected during any active game round, the bets accepted by the Live Dealer system will be in play and the dealer will continue with the round as normal. There is no functionality for any Golden Nugget Live Dealer games to wait for a disconnected patron to return to a table before continuing.
Live Dealer Blackjack – if a patron is disconnected in an active game round, the Live Dealer system will automatically stand regardless of the cards showing until the patron returns or the round ends. If the round ends before the patron was able to return, the Live Dealer system will complete the round and payout according to the cards on the table. The outcome of the round can be validated in the Live Dealer Blackjack game history or by contacting Golden Nugget customer service.
Live Dealer Baccarat - if a patron is disconnected in an active game round, the Dealer will continue and complete the round. If the round ends before the patron was able to return to the table, the Live Dealer system will complete the round and payout according to the cards on the table. The outcome of the round can be validated in the Live Dealer Baccarat game history or by contacting Golden Nugget customer service.
Live Dealer Roulette - if a patron is disconnected in an active game round, the Dealer will continue and complete the round as normal. If the ball drops onto a number before the patron was able to return, the system will complete the round and payout according to the bets placed on the table. The outcome of the round can be validated in the Live Dealer Roulette game history or by contacting Golden Nugget customer service.
2. BONUSES AND PROMOTIONAL OFFERINGS
From time to time, we may offer and/or advertise various promotions, bonuses or other special offers from us and any of our affiliates, including without limitation Landry’s, Inc., and their respective subsidiaries and affiliates, and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. Offers may be used only ONCE unless otherwise specified.
You are not entitled to withdraw any Bonus amounts and you may not remove any cash obtained via a Bonus from your account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
All Bonus and promotional offers are subject to this Agreement, as well as any other Bonus Terms published on the Website and promotion-specific terms and conditions if applicable. Any complimentary Bonus credited to your Account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, Bonus or special offer at any time.
If we determine or suspect that you are abusing or attempting to abuse a bonus or other promotion, or are otherwise acting in any manner we deem inappropriate in relation to any such offer, we may, in our sole discretion, deny, withhold or withdraw any bonus or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate your access to the System and/or block your Account.
Any attempt to establish multiple Accounts is prohibited and may result in termination of such accounts and such other action we deem appropriate. Similarly, if we determine or suspect that you are engaging in any activity to seek to abuse or otherwise take unfair advantage of any Bonus offers, we may terminate your Account and take such other action as we deem appropriate. In such circumstances, we shall be under no obligation to refund to you any bonus funds or winnings that may be in your Accounts.
If we determine or suspect that an Account or group of Accounts may be operating systematically – for example employing specific wagering techniques or wagering as a group, we may block or terminate all such Accounts. In such circumstances, we shall be under no obligation to refund to you any bonus funds or winnings that may be in your Accounts.
GEOLOCATION TERMS AND CONDITIONS
1. Golden Nugget Location Services
1.1 Golden Nugget Casino Location Services is a geolocation service used by Golden Nugget Casino to determine whether or not you are physically located in New Jersey, as required by the New Jersey Division of Gaming Enforcement.
1.2 There is some degree of error in mobile phone triangulation, so if you are located close to the borders of New Jersey, you may not be allowed to play.
1.3 If your phone is turned off, we will not be able to locate it, and you may not be allowed to play.
1.4 You must be 21 years old to play.
1.5 While these services are completely free, your normal messaging and data rates may apply. We do not add any additional charge.
1.6 Your location information is retained for up to 10 years as required by the New Jersey Division of Gaming Enforcement and applicable state and federal regulations. It is only accessible by Golden Nugget Casino partners for the purpose of providing these services. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology and stored in password protected servers. We will not pass on or resell your data to any third party. We do reserve the right to provide location information as necessary to satisfy any law, regulation or government agency request.
1.7 We will not sell your phone number to another company for any purposes, ever.
1.9 If you have any questions or concerns, please don’t hesitate to contact Customer Support at [email protected] or 855-582-5117.
If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER.
© 2015 GOLDEN NUGGET HOTELS AND CASINOS • ALL RIGHT RESERVED • 855-582-5117
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