Terms of Use

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By accessing or using Penn National Gaming’s (“Penn National”) website, www.pngaming.com  (the “Website”), you agree to be bound by the following terms and conditions governing use of the websites on the following domain names:

www.1stjackpot.com

www.ameristar.com

www.argosyalton.com

www.argosykansascity.com

www.boomtownbiloxi.com

www.boomtownneworleans.com

www.boomtownbossier.com

www.freeholdraceway.com

www.hollywoodcasinoaurora.com

www.hollywoodcasinobangor.com

www.hollywoodcasinocharlestown.com

www.hollywoodcolumbus.com

www.hollywoodgulfcoast.com

www.hollywoodindiana.com

www.hollywoodcasinojoliet.com

www.hollywoodcasinokansas.com

www.hollywoodpnrc.com

www.hollywoodcasinostlouis.com

www.hollywoodcasinotoledo.com

www.hollywoodcasinotunica.com

www.hollywooddaytonraceway.com

www.hollywoodmahoningvalley.com

igigaming.net

www.lbatonrouge.com

www.llakecharles.com

www.themresort.com

www.plainridgeparkcasino.com

www.pinnaclemychoice.com

www.resortstunica.com

www.rivercity.com

www.sanfordorlandokc.com

www.shrp.com

www.thelawrenceburgeventcenter.com

www.troplv.com

www.valleyracepark.com

www.ziaparkcasino.com

 

If you do not agree to these Terms of Use, you should not use or access the Website.

Use of Website

The content on the Website is for general information purposes only and is for your personal and non-commercial use.  In consideration of your use of the Websites, you agree to provide true, accurate, current and complete information about yourself as prompted.

You may only use the Website in accordance with these Terms of Use, and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Penn National, its subsidiaries or affiliates or others.  Fraudulent purposes include, without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Penn National or any third party that provides services related to the Websites.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if Penn National has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Penn National has the right to refuse any and all current or future use of the Websites (or any portion thereof).

You may not directly or indirectly interfere or attempt to interfere with the proper working of the Website, and you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you represent and warrant that, without the prior written consent from an authorized representative of Penn National, you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms); or use any metatags or any other "hidden text" utilizing Penn National’s name, trademarks, service marks, or trade names.

A reference to a product or service on the Website does not imply that such product or service is or will be available in your location.  Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation.   Individual rate rules, tax information, applicable charges and cancellation policies are displayed at the end of the booking process section of the Website.

Promotions

Penn National may make information regarding specific programs, offers or promotions, which we are conducting, available on the Website.  Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Website in connection with such program, offer or promotion.  We reserve the right to alter or withdraw any program, offer or promotion at any time.  Each program, offer and promotion is void where prohibited by law.  Please refer to and read carefully the terms, conditions and restrictions included on the Website in connection with each program, offer or promotion.

Proprietary Information

As between you and Penn National, all content on the Website, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by Penn National unless otherwise expressly indicated on the Website and is protected as a compilation under the copyright laws of the United States and international copyright laws.  You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website.

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Penn National, its licensors or content providers, or other third parties.  All of these trademarks, logos and service marks are the property of their respective owners.  Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.  Penn National reserves all rights not expressly granted in and to the Website and its content.

User Supplied Content

You understand and acknowledge that you are solely responsible for any and all information, data, text or other materials or content that you provide to Penn National, and Penn National is not responsible nor liable for such user supplied content.  When you post or transmit information through the Website, you grant Penn National an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license to use such information for any purpose, except for such restrictions as are set forth in these Terms of Use.

While we enjoy hearing from our visitors and welcome your comments regarding our products and services, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.   Please understand that it is the intent of these Terms of Use to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

The Website may contain areas that allow for user interaction, including chat rooms, bulletin board services, forums, e-mail function or other message and communications features ("Interactive Areas,") with respect to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area.  You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Website.  In addition, but without limitation, you agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Website that:

• Defames, threatens, abuses or otherwise violates the legal rights of others (including, but not limited to, libelous, tortious, or otherwise harmful material;

• is false, fraudulent, misleading or deceptive;

• is harmful, embarrassing, abusive, harassing or hateful;

• is racially or ethnically offensive;

• is obscene, pornographic, vulgar, profane, indecent or harmful to children;

• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification;

• contains explicit or graphic descriptions or accounts of sexual or violent acts;

• infringes another's intellectual property rights, proprietary rights, right to publicity, or privacy rights;

• you do not have the right to transmit under any law or under any contractual or fiduciary relationship;

• collects or stores personal information about other Website users;

• contains advertisements, promotions, commercial solicitations, contests or surveys;

• contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;

• contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Websites, or the networks or servers used by Penn National or that it is in contravention of any requirements, procedures, policies or regulations of networks linked to the Websites;

• disrupts or otherwise interferes with the Site or the networks or servers used by Penn National or that is in contravention of any requirements, procedures, policies, or regulations of networks linked to the website;

• impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or

• constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability.  

Penn National reserves the right, but does not assume the obligation, to remove, edit or relocate any user supplied content at its sole discretion.

Use by United States Residents

This Website has been published in the United States and is directed towards residents of the United States.  You agree to use the Website in accordance with all United States federal, state and local laws and these Terms of Use.  If you access the Website from outside of the United States, you do so at your own risk and are responsible for complying with all applicable local laws. 

Access to the Websites

Penn National is providing you with the information and functionality in the Websites.  You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.

Permitted Users and Age Policy

This Website is intended only for users over the age of 21.  Please leave this site if you are under the age of 21.  Exception is made in the case of racing and pari-mutuel operations, where wagering may be permissible by law to those 18 years old and older.  By continuing, you hereby release Penn National, its affiliates and the creators of this Website from any and all liability for your use or access to the Website. 

Under penalty of law, persons under 21 years of age will not be allowed to loiter on casino or slots property or participate in any gaming activity and persons under the permissible age will not be allowed to loiter on the property or participate in any racing or pari-mutuel activity.  Proper ID may be requested from individuals while they are on the premises. 

The properties do not rent rooms to persons under the age of 21.  Any contests, activities, or programs promoted are strictly limited to people over 21, unless otherwise indicated. 

Penn National strongly supports parental control of the internet and, if you are a parent and do not want your children viewing this Website, consult the filtering software companies, such as: Net Nanny and Cybersitter. Net Nanny and Cybersitter are third party service providers that are not affiliated with Penn National or any of its subsidiaries or affiliates and Penn National does not assume any obligation with respect to the services provided by such providers.

No Arrangements for Prohibited Persons/Excluded Persons

You acknowledge that Penn National is a United States company and operates licensed gaming establishments.  As such, Penn National is subject to restrictions regarding: (i) the provision of certain services to prohibited government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury (“Prohibited Persons”) and (ii) excluding from its facilities persons that are listed on an applicable exclusion lists or self-exclusions lists (“Excluded Persons”).  You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use or tour any Penn National facilities or use any Penn National services including the Website.

Persons who have executed and submitted to Penn National or to a state gaming commission or board, an appropriate request for voluntary self-exclusion from casino gambling in accord with applicable law and Penn National voluntary self-exclusion thereunder ("Voluntary Self-Exclusion") may not use the Website.  Other limitations of self-excluded persons are contained in the Penn National responsible gaming program materials.  Rescission of a Voluntary Self-Exclusion is governed by the applicable law and Penn National’s applicable responsible gaming program materials.  In accordance with the terms and conditions of the Voluntary Self-Exclusion, Penn National is not liable for any access by or services provided to a self-excluded person’s accessing the Website or creating an online account.

Responsibility For Accounts

This Website has links to the websites of the properties owned and operated by our subsidiaries in the United States.  If you have created an account on one of the property’s websites, you are responsible for maintaining the confidentiality of your sign-in information and password.  You are responsible for all uses of your account, whether or not authorized by you.  You agree to ensure that you fully exit from your account at the end of each session and to immediately notify such property of any unauthorized uses of your account.  You further agree not to use anyone else’s password on the Website or to attempt to gain access to anyone else’s account.   Further, to cancel an account contact the property and follow the necessary cancellation procedures. 

Links

The Website, including these Terms of Use, may have links to third-party websites or resources.  Links do not constitute endorsements by Penn National of any third-party websites accessible through such links, their content or any products or services made available thereon.  If you access another website from this Website, you hereby release Penn National from any and all liability for your use of any link.  Penn National has no control over the content of outside websites.  You agree and acknowledge that Penn National is not responsible or liable for any content or related materials contained on any of these third-party websites.  Different terms and conditions may apply to your use of any linked sites.  Further, you may not create a hypertext link from any website controlled by you or otherwise, to any of the Websites without the express written permission of Penn National.

NO WARRANTY

THE CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENN NATIONAL, ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.

LIMITATION OF LIABILITY

PENN NATIONAL, ITS SUBSIDIARIES AND AFFIALIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH BROWSING OR OTHER USE OF THE WEBSITE OR ITS CONTENT OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ERRORS, INACCURACIES, OMISSIONS OR MISLEADING STATEMENTS.  USERS OF THE WEBSITE EXPRESSLY UNDERSTAND AND AGREE THAT SUCH USE IS AT THEIR OWN RISK AND THAT PENN NATIONAL SHALL NOT BE LIABLE TO ANY USER OF THE WEBSITE OR ITS CONTENT, OR TO ANY THIRD PARTY, FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFIT OR REVENUE, HOWEVER SUCH DAMAGES ARISE, THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR OTHER INFORMATION OBTAINED, DOWNLOADED, LINKED OR OTHERWISE ACCESSED THROUGH THE WEBSITE, EVEN IF PENN NATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.  PENN NATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTIES OFFERING SERVICES ON THE WEBSITE.  PENN NATIONAL SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

You hereby agree to indemnify, defend, release and hold harmless Penn National, its subsidiaries and affiliates and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages and/or costs and expenses (including, but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of the Website or access by others to the Website under your authority or control or using your account, (ii) content or other information you submit, disclose, discuss or provide on the Website, (iii) your violation of these Terms of Use, or (iv) your infringement of any intellectual property or other right of any other person or entity.

Disclaimers

The Website allows you to access and view content, including but not limited to benefit and rewards information, reservations, RSVPs, online purchases, transaction history and other related information.  The content contained on the Website is not guaranteed by Penn National to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.

No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the Website.

Policy For Making Claims Of Copyright Infringement

If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify Penn National by providing our designated Copyright Agent with the written information specified below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered at the Website by a single notification, a representative list of such works at the Website;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Penn National to locate the material;

• Information reasonably sufficient to permit Penn National to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Penn National’s designated Copyright Agent for notice of claims of copyright infringement is: Legal Department; corporate@pngaming.com; 610-373-2400.

Privacy

Penn National’s Privacy Policy, found at www.pngaming.com, applies to use of the Website, and its terms are incorporated into these Terms of Use.

Termination of Access

You acknowledge that Penn National may terminate your access to this Website at any time, for any reason, with or without cause, including, without limitation, for lack of use or if Penn National believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Termination of access may be without notice and Penn National will not have any liability for termination of access.

Changes to Website

Penn National reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Website or its content at any time, in its discretion, without notice.  Your continued use of or access to the Website or its content constitutes your acceptance of any modifications to these Terms of Use.  You are responsible for remaining knowledgeable as to any modifications that Penn National may make to these Terms of Use.  Your sole remedy should you not consent to a modified term of these Terms of Use is to cease use of or access to the Website or its content.  The most current Terms of Use will be available at all times through the Website and will supersede all previous versions of these Terms of Use.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Penn National.  Any waiver of any provision of these Terms of Use shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by Penn National in such signed written waiver.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where the user is based.  You agree to bring any claims arising under these Terms of Use exclusively in courts within the Commonwealth of Pennsylvania.

Additional Terms

Additional terms, conditions and disclaimers regarding the use of Website functions may appear within the body of the Website and are incorporated herein by reference.

Invalidity of Terms

If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Responsible Gaming

Penn National is committed to a policy of Responsible Gaming.  While Penn National recognizes that the overwhelming majority of customers participate in our various forms of recreation and amenities in a responsible and rational manner, there are a very small proportion who do not.  For those seeking more information on responsible gambling/betting, or assistance with these issues, please visit our Responsible Gaming page.

Questions, Comments, Complaints or Service Issues

If you have any questions, comments, complaints or service issues pertaining to the Website, please contact Penn National at corporate@pngaming.com.

Penn National Gaming, Inc.
825 Berkshire Blvd.
Wyomissing, PA 19610
610-373-2400