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XPRESSBET REWARDS PROGRAM RULES
Revised/ Effective October 1, 2013
The Program: The Xpressbet’s Player Reward Program is a free loyalty program operated by Xpressbet LLC (“Xpressbet”) for Xpressbet’s members. Xpressbet’s Player Reward Program (the “Program”) is void (i) where prohibited by law and (ii) where restricted by law (including without limitation any State which requires registration of the Program with a governmental agency or the posting of a bond or other security). The following terms and conditions (referred to hereinafter as the “Rules”) form the basis of your participation in the Program.
Participation in the Program: Members (“Members”) must be a resident of the United States of America, of legal wagering age in the State in which they reside, and not be employees or immediate family members of any employee of Xpressbet or any affiliated legal entity of Xpressbet including without limitation, any corporation doing business as The Stronach Group (collectively, “TSG”). Only individual persons are eligible for the Program; corporations or other entities are not eligible. There is no fee payable to obtain membership. To participate, Members must comply with all terms and conditions of membership, including these Rules. The Program, including all Points, cards, every certificate or other document which can be exchanged for a Reward and all rights associated with or related to them, are and will remain Xpressbet’s property. You may not sell, exchange, barter, give, charge, or otherwise dispose of any Points to any other Member or otherwise. Neither accrued Points, credits, benefits nor Awards which are not redeemed are transferable by a Member as a part of a domestic relations matter, death or by operation of law. You are responsible for all taxes payable due to your participation in the Program, collecting and redeeming Points and obtaining Awards. The Program is not affiliated with any other loyalty reward program offered by TSG, including, without limitation, at any horse race track, casino or gaming property operated by TSG. Xpressbet reserves the right to deny any application for Membership, and Membership may be revoked or cancelled at the discretion of Xpressbet and accumulated Points for redemption and tier level, if any, will be forfeited.
Membership Number Usage. Your membership is valid only for the purposes of pari-mutuel wagering through www.xpressbet.com. The Member must (i) have a registered account with Xpressbet in order join the Program and obtain Points and (ii) register for the Program. All new Xpressbet.com customers are automatically invited to enroll in the Program. Once a Member’s information is verified he/she will be provided with a unique membership number (the “Membership Number”) which must be utilized each time in order to accumulate Points. However, all Xpressbet.com wagers will automatically earn Points. A Member may not accrue Points, credits or other benefits if such Member’s Membership Number is used by another individual. Membership and the accumulation of Points do not confer any enforceable contract or vested property rights with respect to any Membership benefits or Awards.
Accumulating Points. Points are based on a Member’s expenditures for gaming/wagering play or certain non-gaming purchases with the presentation of your Membership Number. Qualification for receiving Awards is based on Points properly accumulated during recorded wagers placed through Xpressbet. Members must satisfy minimum betting requirements to be rated for Points. Unacknowledged wagers shall not earn Points under any circumstances. Unless otherwise stated at XB Rewards Promotions each dollar wagered shall earn the Member two (2) points (each a “Point”).
Points accumulated through misuse of the Membership Number or fraud at any time are not valid and will be forfeited. It is the Member’s responsibility to ensure that the Points are being updated to the Member’s account. Xpressbet may refuse to record or to honor Points in your account if suspicious activity has, in Xpressbet’s sole and absolute discretion, occurred or if already recorded, Xpressbet may cancel such points if it cannot be confirmed that they were properly issued or obtained.
Xpressbet may from time to time, without notice, develop, maintain and change tiered reward programs with preset offers and Awards in lieu of any other qualification for receiving Awards. Details of such programs are available from a Program representative by emailing email@example.com. In order to be eligible for exclusive Program benefits, promotions, bonuses, special events, event invitations, newsletters and membership information, Members are responsible for notifying Xpressbet of any name, address, phone number, e-mail and/or consent changes.
Redeeming Points. A Member qualifies for the corresponding benefits (each an “Award”) on the date on which the Member earns the minimum amount of Points associated with such Award. Tiered credit accumulation and qualification for tier advancement is determined on a yearly basis (each an “Advancement Period”). A Member’s tier will be established based on the Points and tier credits earned from the previous Advancement Period. Notwithstanding the foregoing, Xpressbet reserves the right to provide a Member with increased tier status or extend a tiered status in its sole and absolute discretion. Tiered level benefits are valid from the point of tier level advancement until the commencement of the first Advancement Period which follows a Member failure to earn enough tier credits to remain at such level. Points and tiered advancement have no cash value. A list of all currently available Awards may be found on the Redemption Overview page. We recommend redeeming your Points as early as possible as the availability of some Awards may be limited, and depending on the Award, there may be a minimum advance reservation requirement.
Redemption of Points or tier benefits by a Member is subject to limitations determined in the sole discretion of Xpressbet. A Member’s accumulated Points may be subject to forfeiture if the Member’s account does not reflect any wagers for a period of thirteen (13) months or if the Member closes his/her Xpressbet wagering account. In determining whether a Member is entitled to redeem Points, Xpressbet is entitled to rely upon, and the Member is bound by, the information recorded in the Program’s system. No Points shall be redeemed unless the Points and information are validated by Xpressbet using the validation procedure of the system.
If it is determined that the Program has improperly denied a credit, benefit or award to a Member, the Member’s sole and exclusive remedy shall be the issuance of the improperly denied credit, benefit or Award if available, or such other alternative comparable benefit as determined by Xpressbet, which shall not have additional liability whatsoever.
You are responsible for and must pay for all administration charges, taxes, levies, service fees, governmental charges, health or inspector fees, fuel surcharges, and other non-specified costs or charges which may be imposed or collected with respect to Awards requested by you or through your Membership Number and which are payable due to your participation in the Program, collecting and redeeming Points and obtaining Awards. Once merchandise, gift certificates, gift cards, or other Awards have been shipped or downloaded no changes or refunds are permitted. All Awards shall remain subject to availability and restrictions imposed by suppliers, governmental agencies or other applicable parties. Xpressbet assumes no responsibility for any loss, damage, defect, injury, death or expense related to any Award or for your Award not turning out as you expected for whatever reason. Xpressbet is not responsible for any products or services which form all or a portion of an Award which is provided by a third party. If an Award expires or is cancelled for any reason, it becomes void without any compensation.
Members acknowledge and agree that Membership and its benefits are provided at the discretion of Xpressbet. Xpressbet reserves the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Program, its benefits and/or its Rules, in whole or in part, at any time, with or without notice for any or no reason. This means that Xpressbet in its sole discretion may at any time, among other things, (1) amend, modify or withdraw any of the Program Rules, (2) cancel, revoke, forfeit or change any Member's Membership status, Points, tier, Program benefits and/or promotions, (3) change the value of accumulated or future Points, Point multipliers, tier credits or benefits, (4) adjust Point or tier credit balances and/or otherwise restrict the continued availability of Awards, benefits or special offers or promotions, and/or (5) forfeit any Program benefits not yet redeemed for reasons Xpressbet deems appropriate (such as but not limited to technical malfunction, error) all without notice even though the changes may affect the value of the Points or tier already accumulated. Xpressbet may make one or more of these changes at any time even though such changes may affect a Member’s ability to use accumulated Points or receive accrued benefits. Xpressbet will make reasonable efforts to notify Members of general Program changes that may alter, diminish, forfeit or terminate Members’ benefits prior to the effective date of such changes.
Membership Cancellation. A Member may cancel their Membership at any time and without cost by emailing, mailing or telephoning Xpressbet. Once a Membership is cancelled all accrued Points, tiered levels and any other benefits associated with the Membership shall be forfeited.
Interpretation of the Rules. All decisions concerning the interpretation and application or administration of Program Rules are within the sole discretion of Xpressbet and any dispute regarding the accumulation of Points, tier credits maintained on a Membership Number, and/or the forfeiture of Points, tier credits, tier level benefits or other benefits will be reviewed by Xpressbet.
ANY ATTEMPT BY A MEMBER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, XPRESSBET RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Xpressbet’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Xpressbet reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the website, and/or the legitimate operation of the Program; to violate the Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Xpressbet and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Members, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of Memberships; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Member’s participation in the Program or receipt or use or misuse of any Award. If, for any reason, the Program is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Xpressbet, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Program, Xpressbet may, in its sole discretion, void any suspect Memberships and (a) modify the Program or suspend the Program to address the impairment and then resume the Program in a manner that best conforms to the spirit of these Rules; and/or (b) award the Awards from among the eligible, non-suspect Memberships up to the time of the impairment in accordance with the redemption process articulated above.
Disputes. Except as expressly contained in these Rules, there are no conditions, representations, warranties, express or implied, statutory or otherwise. Xpressbet is the final authority as to the interpretation of these Rules and as to any other questions or disputes regarding the Program or any Award. Claims relating to the Program may not be resolved through any form of class action. Unless we otherwise elect, any dispute regarding these Rules, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Portland, Oregon, in English, and in accordance with Oregon laws. The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute. By joining the Program, all Members acknowledge that such applicable regulatory authority has exclusive jurisdiction over all disputes pertaining to the Program except where prohibited, and the Member agrees, for greater clarity, that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or any Award shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Oregon arbitrator; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorneys’ fees; and (3) under no circumstances will the Member be permitted to obtain awards for, and the Member hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Member and Xpressbet in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon. We will not be taken to have waived any of our rights even if we redeem Awards when not required.
Liability. In no event shall the Program be liable to any Member, or anyone claiming through a Member, for any direct, indirect or consequential damages, or lost revenue or profits, claimed to arise out of the acts or omissions of Xpressbet or the Program. Except where prohibited, each Member, by participation in the Program and/or acceptance of an Award, agrees to release Xpressbet and each of its parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or other agencies, and their respective employees, officers, directors, agents and legal advisors (the “Released Parties”) from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the Members participation in the Program or the Member’s acceptance, receipt, ownership or use/misuse of the Award, including, without limitation, (a) personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy (b) unauthorized human intervention in the Program; (c) technical errors related to computers, servers, providers, printers or telephone or network lines; (d) printing errors; (e) errors in the administration of the Program or the processing of Memberships and Point accumulation; (f) late, lost, or undeliverable mail; (g) human error. Each Member agrees that Xpressbet shall not be liable or responsible for any printing, or typographical, or other in advertent errors in any materials associated with the Program and these Rules. The Released Parties assume no responsibility for any damage to a Member’s computer system which is occasioned by participating in the Program, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Xpressbet reserves the right to adjust Point balances as a result of operational errors or malfunctions.
Responsible Gaming. Xpressbet and TSG cares about the Members. If you or someone you know is concerned about compulsive gambling, call the National Council for Problem Gambling at 1-800-522-4700 or visit www.ncpgambling.org online.
These Rules supersede all previously existing Rules. Xpressbet may amend these Rules or issue successor or replacement rules at any time in any manner without prior notice. By agreeing to participate in the Program, all Members agree to comply with and be bound by these official rules and any amendments thereto and any successor or replacement thereof. Violators of the Rules are subject to termination of their eligibility in the Program and forfeiture of all accumulated Points, credits and/or benefits and may be liable for damages and litigation costs, including any legal fees incurred in enforcing the Rules.
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