BALLY REWARDS RULES
1. General. The Bally’s Rewards program (“Bally’s Rewards” or the “Program”) is offered to you by Gamesys US LLC and Bally’s Interactive, LLC in conjunction with Premier Entertainment AC, LLC d/b/a Bally’s Atlantic City Casino Resort, with a principal place of business located at 1900 Pacific Avenue Atlantic City, NJ 08401, Bally’s Corporation Casino and Resort (“Bally’s AC”) and www.BallyCasino.com (“Bally Casino”) (collectively, “Bally’s”).
2. This is a Binding Agreement. These Bally’s Rewards Rules, as amended from time to time (“Bally’s Rewards Rules”), are a legal agreement between you (as a Patron who registers to use the Program in accordance with these Bally’s Rewards Rules) and Bally’s. Under the Program, you are eligible to earn “Bally Bucks” which are a constrained currency released into a Patron (as defined below) account upon meeting eligibility requirements set forth in these Bally’s Rewards Rules and applicable rules to specific promotions.
3. Participation. Patrons are not required to become a Bally’s Rewards member to place any wagers or play any games at www.BallyCasino.com or to place any wagers or play any games at Bally’s AC (the “Participating Property”). However, Patrons will not be able to access all the information, offers, and promotions provided in connection with the Program unless the Patron is a participating Bally’s Rewards member. Membership in Bally’s Rewards is free for individuals who meet the eligibility requirements in Section 3(a) below and are not excluded in accordance with Section 3(b) below (“Patrons”).
(a) Eligibility. To register and use the Bally’s Rewards program, individuals must:
- Be twenty-one (21) years of age or older;
- Be physically present in in New Jersey, if wagering online; or
- Be physically present at the Participating Property, if wagering in-person;
- Not be an Excluded Person as set forth in Section 3(c) below;
- Register with www.BallyCasino.com as a Patron using your own legal name, for your sole benefit;
- Fully, truthfully, and accurately complete the required information on the registration form with current and complete information the (“Registration Information”); and
- Agree to these Bally’s Rewards Rules as indicated by checking the box next to “Yes, sign me up for Bally’s Rewards”, and selecting “Sign me up” on the registration page.
(b) Exclusions. The following individuals are excluded from participation in Bally’s Rewards (the “Excluded Person(s)”):
- Any individual that is excluded from casino facilities and online gambling products through a government program;
- Any individual that is self-excluded at their own request;
- Any individual on the New Jersey Division of Gaming Enforcement “Exclusion List” pursuant to N.J.S.A. 5:12-71, et seq.;
- Any self-excluded individual, pursuant to N.J.S.A. 5:12-71.2;
- Any other individual prohibited from wagering pursuant to the New Jersey Casino Control Act and the regulations promulgated thereunder including, but not limited to, any New Jersey Casino Control Commission or New Jersey Division of Gaming Enforcement employee, any casino key employees, and any casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey pursuant to N.J.S.A. 5:12-7 and 5:12-9, respectively;
- Employees of Bally’s, their affiliates, and subsidiaries (an “Employee”) and any immediate family member of an Employee; or
- Any Patron whose account is closed by Bally’s is disqualified from Bally’s Rewards and may not be eligible for future enrollment in Bally’s Rewards.
- Patron Accounts. Bally’s Rewards benefits are solely for the use of its Patrons. If Bally’s finds that you have more than one Patron account, your Bally Bucks will expire, and Bally’s will close the duplicate account. If the duplicate Patron account is being used for fraudulent purposes, then Bally’s may close all associated Patron accounts. You may not allow any other person to use your Bally Bucks or access your account. You may not register or wager on behalf of any other individual.
- Non-Transferable. Bally Bucks are non-transferable including, but not limited to, upon death or divorce.
- Third Parties. Bally’s is not responsible for products or services offered by third parties that may participate in benefits, offers or special promotions provided to Bally’s Rewards members.
(d) Patron Account Information. You shall maintain and promptly update your Registration Information to keep it true, accurate, current, and complete.
(a) Accrual of Bally Bucks. BY REGISTERING, YOU ACTIVATE A BALLY’S REWARDS ACCOUNT AND ACCEPT THESE BALLY’S REWARDS RULES. YOU MAY OPT OUT OF BALLY’S REWARDS BY SELECTING THE OPT OUT OPTION ON YOUR PATRON ACCOUNT. IF YOU OPT OUT OF BALLY’S REWARDS YOU WILL NO LONGER BE ABLE TO ACCESS YOUR BALLY REWARDS ACCOUNT OR TAKE ADVANTAGE OF BALLY'S REWARDS OFFERS. To be eligible to earn and receive Bally Bucks, you must be enrolled in Bally’s Rewards. Bally Bucks are earned by wagering on participating slot, bingo, roulette and poker games on www.ballycasino.com. Bally Bucks will appear in your Bally’s Rewards account. The rules, terms, conditions, and limitations for accruing Bally Bucks may vary by jurisdiction, participating location, game type, amount wagered, and time played. Any Bally Bucks awarded will be rounded to the nearest whole number. There is no limit on how many Bally Bucks a player may have at any one time.
(b) Changes to Accrual Rate. Bally’s may change the rate and manner in which Patrons accrue Bally Bucks at any time, in Bally’s sole discretion.
(c) Accrual Adjustment. Bally’s reserves the right to adjust account status due to computer error, malfunction, operator error, fraud or suspected fraud, or other misuse or suspected misuse of the Program and/or Bally Bucks.
(d) Accrual Review. Bally Bucks accrual is subject to Bally’s review and verification at any time in Bally’s sole discretion.
(e) Accrual Restrictions. Bally Bucks will not accrue on any free slot play, free table play, promotional chips or free play downloaded to slot machines or otherwise provided to you.
5. Redemption and Use of Bally Bucks and Bonus Money. Bally Bucks have no cash value. Bally Bucks are valid for three-hundred and sixty-five (365) days from the date earned subject to the terms and conditions contained herein. Bally Bucks may be used to purchase items in the Bally’s Rewards Hub. Among other items in the Bally’s Rewards Hub, Bally Bucks may be redeemed for Bonus Money in $1, $5 and $10 denominations. Bonus Money is constrained currency issued by Bally’s and may be released into a Patron account as a reward for taking a specified action including, but not limited to, making a deposit, playing a game, inviting a friend, or such other actions as described in the promotional terms from time to time. Bonus Money may not be withdrawn from your account, but once you wager your Bonus Money, any winnings may be withdrawn or used to make additional wagers on www.ballycasino.com. Bonus Money must be played online only, is not redeemable for cash, and expires after thirty (30) days. All redemptions are final unless otherwise allowed at Bally’s sole discretion. Bally’s may withdraw, amend, or add redemption options in Bally’s sole discretion. Bally Bucks and Bonus Money cannot be transferred between Patron accounts. Your Bally Bucks and Bonus Money are personal to you and any sale, transfer (by operation of law or otherwise) or assignment to, or sharing with, family, friends, or others, or use by you for any commercial purpose is strictly prohibited. Bally Bucks and Bonus Money cannot be withdrawn from your account.
6. Account Closure.
(b) Expiration Upon Closure of Bally’s Rewards Account. If your account is closed or terminated as set forth in this Section 6, or for any reason whatsoever, then your Bally Bucks and Bonus Money will immediately expire. In lieu of termination, Bally’s may, in Bally’s sole discretion, deduct Bally Bucks and/or Bonus Money from your account, but permit you to remain a Bally’s Rewards member. Bally’s has no obligation to award any compensation and there shall be no other recourse for the account termination or the expired Bally Bucks or Bonus Money.
(c) Credit Default. Subject to applicable laws, Bally’s may either terminate or suspend your membership benefits if you have been issued credit and are in default in repayment of the credit, if you have had a check cashed and returned for non-payment or are in any other way delinquent with respect to payments or indebtedness owed to Bally’s. If you become current on all payments owed to Bally’s, then Bally’s may reinstate your membership benefits in the Program including reinstating Bally Bucks and/or Bonus Money. The decision whether to reinstate membership benefits, Bally Bucks and/or Bonus Money is in Bally’s sole discretion.
(a) Name and Likeness. You allow Bally’s and any affiliate company of Bally’s the unconditional use of your name and likeness for promotions/advertising and announcements without compensation, consideration, notice, review, or further consent.
(b) Communications. Bally’s may monitor all communications with you for quality assurance purposes.
8. Compliance with these Bally Rewards Rules. BY PARTICIPATING IN THE PROGRAM, PATRON AGREES TO BE BOUND BY THESE BALLY REWARDS RULES AND THAT BALLY’S DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS. BALLY’S WILL BE THE SOLE JUDGE OF ELIGIBILITY AND BALLY’S, IN BALLY’S SOLE DISCRETION, WILL RESOLVE ALL DISPUTES. All decisions regarding the interpretation of these Bally’s Rewards Rules, including, but not limited to, registration, participation, eligibility, Bally Bucks accrual, Bally Bucks redemption, exclusions, and restrictions, lies solely in Bally’s sole discretion. All decisions made by Bally’s are final.
9. Indemnification. You agree to defend, indemnify, and hold harmless Bally’s, Bally’s affiliates, and their respective owners, directors, officers, employees and agents (each a “Bally’s Party”) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees), assessed or incurred by any Bally’s Party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with or be in breach of these Bally’s Rewards Rules; (ii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; or (iii) your conduct in connection with the Program. Without limiting your indemnification obligations described above, Bally’s reserves the right to assume the exclusive control of the defense or settlement of any claims otherwise subject to indemnification by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bally’s or any other Bally’s Party.
10. DISPUTE RESOLUTION; ARBITRATION; GOVERNING LAW.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE BALLY’S REWARDS RULES SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH SECTION 23.2 OF THE WEBSITE TERMS, AND AS SET FORTH BELOW IN THESE BALLY’S REWARDS RULES.
YOU AGREE THAT BY USING THE PROGRAM, WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EACH OF THE SERVICE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
WITH THE EXCEPTION OF INTERNET GAMING RELATED COMPLAINTS, WHICH MAY BE FILED WITH THE REGULATORS AS SET FORTH IN SECTION 23.1.2 OF THE WEBSITE TERMS, YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SERVICE, OR YOUR AND EACH OF THE SERVICE PARTIES’ DEALINGS WITH ONE ANOTHER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION AND THE WEBSITE TERMS. THE ARBITRATION WILL BE CONDUCTED BY JUDICIAL ARBITER GROUP, INC. (“JAG”) USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAG ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF JAG. IF JAG IS UNABLE OR UNWILLING TO ARBITRATE A DISPUTE, THEN THE DISPUTE MAY BE REFERRED TO ANY OTHER ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND EACH OF THE SERVICE PARTIES AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU, AND APPLICABLE SERVICE PARTY MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN ATLANTIC CITY, NEW JERSEY. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. NEITHER YOU NOR THE APPLICABLE SERVICE PARTY WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU AND EACH OF THE SERVICE PARTIES UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANYWAY TO THESE BALLY’S REWARDS RULES, THE WEBSITE TERMS, THE BONUS RULES, YOUR USE OF THE PROGRAM, YOUR USE OF THE SERVICE, OR YOUR AND THE APPLICABLE SERVICE PARTY’S DEALINGS WITH ONE ANOTHER MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AND EACH OF THE SERVICE PARTIES AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION — I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION — SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION LOCATED IN ATLANTIC COUNTY, NEW JERSEY OR THE UNITED STATES DISTRICT COURT LOCATED IN ATLANTIC COUNTY, NEW JERSEY, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH EACH OF THE SERVICE PARTIES. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SERVICE OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
ATTN: General Counsel, North America
100 Westminster Street, Suite 1100
Providence, RI 02903
IN THE EVENT YOU OPT OUT OF THE ARBITRATION PROVISION, YOU AGREE TO LITIGATE EXCLUSIVELY IN THE STATE OR FEDERAL COURTS IN THE STATE OF NEW JERSEY, ATLANTIC COUNTY, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH ACTION. THESE BALLY’S REWARDS RULES, THE WEBSITE TERMS, AND THE BONUS RULES, AND ALL MATTERS ARISING OUT OF OR RELATING TO SAME, INCLUDING CONTRACT, TORT, AND STATUTORY CLAIMS WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE BALLY’S REWARDS RULES, BALLY’S ENTIRE LIABILITY AND PATRON’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PROGRAM, ANY SERVICE AND/OR GAME PROVIDED BY BALLY’S WILL BE: (A) WHERE SUCH LIABILITY RELATES TO A SPECIFIC WAGER, THE VALUE OF SUCH WAGER PAID BY PATRON; OR (B) WHERE SUCH LIABILITY RELATES TO ANY MONEY IN YOUR PATRON ACCOUNT WHICH HAS BEEN MISPLACED, THE AMOUNT THAT HAS BEEN MISPLACED; OR (C) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF $2,000. IN NO EVENT WILL BALLY’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM PATRON’S USE OF THE PROGRAM, BALLY CASINO, AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE PROGRAM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PROGRAM AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE PROGRAM. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO PATRON.
IF PATRON IS A CALIFORNIA RESIDENT, PATRON HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
PATRON MUST BE LOCATED IN THE STATE OF NEW JERSEY TO ACCESS THE PROGRAM AND USE BALLY CASINO. IN ACCESSING THE PROGRAM OR BALLY CASINO FROM NEW JERSEY, PATRON (A) ASSUMES ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM PATRON’S USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVES ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF PATRON’S USE OF THE PROGRAM; AND (C) EXPRESSLY AGREES TO RELEASE AND DISCHARGE BALLY’S, AND BALLY’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE PROGRAM, PROGRAM CONTENT, ANY SERVICE OR ANY GAMES; AND (D) PATRON VOLUNTARILY GIVES UP OR WAIVES ANY RIGHT THAT PATRON MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST BALLY’S FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF BALLY’S AND BALLY’S AGENTS AND EMPLOYEES. PATRON ACKNOWLEDGES THAT PATRON HAS CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY.
12. Conflicting Terms. YOU AGREE THAT THESE BALLY’S REWARDS RULES ARE IN ADDITION TO, AND NOT IN LIEU OF YOUR RIGHTS AND OBLIGATIONS UNDER OUR WEBSITE TERMS FOUND [HERE] INCLUDING, WITHOUT LIMITATION, THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE WEBSITE TERMS, AND THE BONUS RULES FOUND [HERE]. In the event of a conflict between the terms and conditions included in these Bally’s Rewards Rules, the Website Terms (nj.BallyCasino.com/terms), the General Terms, the Bonus Rules, and/or the rules of the Participating Property, these Bally’s Rewards Rules will control and govern your participation in the Program.
13. Amendments. You acknowledge and agree that the Program and its benefits are provided at Bally’s sole discretion. Bally’s reserves the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of the Program, its benefits and/or these Bally’s Rewards Rules in whole or in part, at any time, with or without notice for any or no reason. This means that Bally’s, in Bally’s sole discretion may at any time, among other things: cancel, revoke, forfeit or change any your membership status, Bally Bucks, Bonus Money, the Program benefits and/or promotions; change the value of accrued or future Bally Bucks Bonus Money or other Bally’s Rewards benefits; adjust Bally Bucks and Bonus Money balances and/or otherwise restrict the continued availability of awards, benefits, special offers or promotions; and/or forfeit any Bally Bucks or Bonus Money balances not yet redeemed for reasons Bally’s deems appropriate (such as, but not limited to, technical malfunction or error). Bally’s will make reasonable efforts to notify you of general Program changes that may adversely alter, diminish, forfeit, or terminate your benefits at least thirty (30) days prior to the effective date of such changes by posting notice on the Bally’s Rewards site that changes have been made. In addition, Bally’s may (in Bally’s sole discretion) provide notice of such changes through other means (e.g., by email or mail to the address associated with your Bally’s Rewards account).
14. Severability. If any provision of these Bally Rewards Rules is deemed invalid or unenforceable by law or regulation, such provision shall be deemed void only for the specific jurisdiction at issue, but all other provisions will remain in full force and effect.
15. Titles and Headings. Titles and headings used in these Bally’s Rewards Rules are for convenience only and do not affect the construction of any provision of these Bally’s Rewards Rules.
16. Tax. Any tax liability resulting from the accumulation or use of Bally Bucks and Bally Rewards benefits is your obligation.
18. Responsible Gaming. 21+. NJ Only. Gambling problem? Call 1-800-GAMBLER. Bet With Your Head, Not Over It.
Last updated on May 17, 2023.