Terms and Conditions
General Terms and Conditions
These terms and conditions (the “Terms”) were last updated on March 6, 2023 and are effective from March 6, 2023.
IMPORTANT – PLEASE READ
Please read these Terms and Conditions carefully before using this website (on.ballybet.ca) including any mobile or device-specific version of the website and any related applications or “apps”, together the “Platform”, and registering as a Member. If you have any questions relating to this Platform, or the Terms and Conditions, please check our FAQs, or contact our 24/7 Customer Support team (their contact details can be found here. By using this Platform you indicate your acceptance of the Terms and Conditions set out below.
You should also read our Privacy Policy, which can be found here and is incorporated by reference within these Terms and Conditions.
1. INTRODUCTION
1.1 This Platform (as defined below) is operated by Bally’s Canada Inc, registered with the Alcohol and Gaming Commission of Ontario (“AGCO”) and operating pursuant to an operating agreement with iGaming Ontario (“iGO”) under remote gaming registration number OPIG1242339 (which we will refer to as “us”, “we” and “our”). Bally’s Canada Inc is a limited company registered under the laws of the Province of Ontario with company number 002808336. Our principal place of business is at 20, Duncan Street, Toronto, Ontario, Canada M5H 3G8. Bally’s Canada Inc is part of a group of companies (which we will refer to as the “Bally’s Corporation”).
1.2 In these Terms and Conditions, we will refer to you as “you” and “your”.
1.3 These Terms and Conditions form a legally binding agreement between you and us.
1.4 Your continued use of the Platform constitutes ongoing acceptance of these Terms and Conditions and the documents referred to in these Terms and Conditions as they are updated from time to time.
1.5 Your use of the Platform and its products and services is strictly subject to all Applicable Laws.
1.6 In addition to these Terms, you must comply with the documents referred to in these Terms (collectively, the “Additional Terms”) when you use the Platform, or its Products, including the following:
1.6.1 the Privacy Policy, which can be found at on.ballybet.ca/privacypolicy , and describes how your personal information will be processed and protected;
1.6.2 the Complaints and Disputes Resolution Procedure, which can be found at on.ballybet.ca/complaintsprocedure, and describes how you can make a complaint;
1.6.3 the Bonus Rules, which can be found at on.ballybet.ca/bonusterms;
1.6.4 the Sports House Rules, which can be found at on.ballybet.ca/sports-house-rules;
1.6.5 the Bally Rewards Rules, which can be found at on.ballybet.ca/bally-rewards-rules;
1.6.6 any terms, conditions and rules specific to individual offers, promotions and competitions (each, the “ Specific Promotional T&Cs”); and
1.6.7 any other terms, conditions, policies, rules and instructions for a specific Product or offer, content provided in any ‘Help and FAQs’ section providing any instructions or additional terms and conditions about a product or offer, and any other instructive documents relating to the Platform that we may publish on the Platform from time to time (each, the “Special Rules”).
1.7 In the event of conflict between these Terms and each of the Additional Terms described in Section 1.8, the descending order of precedence is: (1) the Privacy Policy; (2) Exhibit A of the Sports House Rules; (3) Section 2 of the Sports House Rules; (4) Section 1 of the Sports House Rules; (5) the Complaints and Disputes Resolution Procedure; (6) the Specific Promotional T&Cs; (7) these Terms; and (8) the Special Rules. For example, in the event of conflict between the Privacy Policy and these Terms, the Privacy Policy will take precedence.
1.8 We may change these Terms and the Additional Terms at any time. Where we make a change and where required to do so by Applicable Laws, we will post the revised Terms on this webpage and the revised Additional Terms on their respective webpages for your acknowledgement. Any changes will be effective upon publication immediately (unless otherwise stated). Your continued use of the Platform constitutes ongoing acceptance of these Terms and the Additional Terms as they are updated from time to time. We recommend that you revisit and read these Terms regularly to stay updated on the latest version of the Terms and the Additional Terms.
1.9 In these Terms, where we use capitalized words, they will have the following meanings:
1.9.1 “Affiliates” means, collectively, the companies in the Bally’s Corporation, any third party service providers providing services or any product in connection with the Platform, any of our third party licensors, together with the directors, officers, members, employees, agents, licensors, service providers and affiliates of such companies in the Bally’s Corporation and such third party service providers.
1.9.2 “Applicable Laws” means the laws of the Province of Ontario, the federal laws of Canada and related license conditions and codes of practice, as applicable, together with any other applicable laws, statutes and regulations in force at the relevant time (as amended from time to time).
1.9.3 “Bonus” means any promotional offer, bonus or reward as defined in the Bonus Rules (as they are updated from time to time).
1.9.4 “Cash” means unconstrained real-‑money that you may use to Wager or withdraw from their account at any time.
1.9.5 “Cash Out” means where you select to accept an offer from us to fully Settle your Wager prior to its usual completion and the relevant amount of money of the offer is thereafter credited to your account balance. The term “Cashed Out” will be construed accordingly.
1.9.6 “Collusion” means the circumstances where two or more Members and/or Network Users (including where a Member and Network User may be the same user), work together to cheat by creating an unfair advantage over the other Members and/or Network Users playing a Game, sometimes through: (i) manipulating Wager patterns; and/or (ii) sharing or attempting to share information about other members and/or Network Users playing.
1.9.7 “Event” means any sports match, game or event, betting market and/or any event, contingency or product that can be Wagered on for real-money via the Platform at any time.
1.9.8 “Event Beyond Control” means an event beyond our reasonable control which prevents us from providing all or part of the Platform and/or the products or fulfilling any of our obligations under these Terms. Such events may include but are not limited to an act of God, an epidemic or pandemic, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including any denial, suspension or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lock‑out, or industrial action of any kind.
1.9.9 “Full Protective Measures” means one or more of the following actions and measures that we will be entitled to take in our sole discretion against your account in those circumstances as set out in these Terms: (a) suspend your account pending investigation; (b) void any Wagers, Bonuses and winnings from Wagers and Bonuses; (c) refund or refuse to refund any monies contained in your account (including any funds you deposited as permitted by Applicable Laws); (d) notify the proper authorities of the suspected activity (such as regulatory authorities, governing bodies, financial institutions or law enforcement agencies to assist with any investigation); (e) notify any interested third party service providers; (f) close your account/s following investigation; and/or (g) bar you from future access and use of the Platform and the services, or any other services of the Bally’s Corporation.
1.9.10 “Game” means any online game product played for Cash or constrained currency (such as Bonus money) via the Platform at any time.
1.9.11 “Group Platform” means any website or application on any device (other than the Platform) and all Intellectual Property Rights therein as operated and controlled by or on behalf of the Bally’s Corporation, including any of such website or application’s native mobile applications, desktop applications, device ‑specific applications, desktop websites and/or mobile websites.
1.9.12 “Group Website” means any website or application on any device (other than the Platform) and all Intellectual Property Rights therein as operated and controlled by or on behalf of the Bally’s Corporation, including any of such website or application’s native mobile applications, desktop applications, device-specific applications, desktop websites and/or mobile websites.
1.9.13 “Intellectual Property Rights” means all intellectual property rights, including: copyright, patents, trademarks, design rights, moral rights, domain names, and confidential information and any similar rights (whether registered or unregistered).
1.9.14 “Linked Product(s)” means any Game or Event that can be played between Members and Network Users at the same time together, as may be made available on the Platform by us from time to time.
1.9.15 “Malfunction” has the meaning given in Section 16.
.1.9.16 “Member” means a user of the Platform who successfully registers and holds an account on the Platform.
1.9.17 “Network User” means users who are registered with a website, application or service owned and/or operated by a Group Platform.
1.9.18 “Payout” / “Return” means the amount stated at the time you place the Wager as the potential payout or return available to you if your Wager wins.
1.9.19 “Platform Content” means any content provided by us on or via the Platform, including information, materials, documents, images, graphics, logos, designs, audios and videos (including live stream videos), Scores Data, and Payouts.
1.9.20 “Product” means, collectively, the Games, and Events and Linked Products.
1.9.21 “Progressive Jackpot” means a jackpot for a Game where the payout total is incrementally increased every time such Game is played for real money (unless and until such jackpot is paid out).
1.9.22 “Regulators” means the Alcohol and Gaming Commission of Ontario (the “AGCO”) and iGaming Ontario (“ iGO”). The Regulators are granted powers to ensure that their licensees conduct their operations in accordance with their licences and Applicable Laws.
1.9.23 “Scores Data” means the scores, fixtures, timings, line-ups and statistics of any sports match, game or event or any similar event as made available on the Platform, whether in real time (including via live stream videos) or as final results.
1.9.24 “Service Parties” means, collectively, Bally’s Canada Inc, the companies in the Bally’s Corporation and any third ‑party service providers providing services or any product in connection with the Platform.
1.9.25 “Settle” means the outcome of a Wager, including (if applicable) us paying winnings into your account balance where a Wager settles in your favour. The terms “Settled”, “Settles” and “Settlement” will be construed accordingly.
1.9.26 “Wager” means when a Member uses Cash and/or constrained currency (such as a Bonus) to place a wager. The terms “Wagered”, “Wagers” and “Wagering” will be construed accordingly.
2. OPERATING AND REGULATORY INFORMATION
2.1 This Platform is licensed and regulated in Ontario by the AGCO under remote gaming registration number OPIG1242339.
3. OPENING YOUR ACCOUNT
3.1 Member Requirements: To register as a Member, use the Platform, place Wagers for Cash, use the Product console and chat functionality, and/or use any of the products and services we make available to Members from time to time, you must:
3.1.1 be 19 years of age or over (the “Minimum Age”). We may ask for additional information to confirm your age at any time;
3.1.2 place any Wager within the Province of Ontario. We may ask for additional information to confirm your location at any time. Please see Section 6 for more information;
3.1.3 register with us using your own name, for your sole benefit and you must not register or Wager on behalf of anyone else;
3.1.4 use a payment method that is approved by us and that is registered in your name, such as a valid bank account, credit card or alternative;
3.1.5 fully and accurately complete the required information on the registration form;
3.1.6 not be participating in a self-‑exclusion process that applies to the Platform;
3.1.7 not be an individual known to us for having been restricted from accessing the Platform;
3.1.8 not be an officer, contractor, member of the board of directors or partner of a company within Bally’s Corporation or within the Service Parties’ entities;
3.1.9 not be an executive or staff of a trade union who represents or negotiates on behalf of employees employed at the Platform;
3.1.10 not be an employee of registered suppliers who maintain or repair gaming equipment at the Platform;
3.1.11 not be a person who is an athlete, coach, referee, player, in, or on, any Event overseen by that person's sports governing body, based on publicly available information;
3.1.12 not be a person who holds a position of authority or influence sufficient to exert influence over the participants in the Event, including coaches, managers, handlers, or athletic trainers;
3.1.13 not a person with access to certain types of exclusive information on any Event overseen by that person's sports governing body based on publicly available information;
3.1.14 not be a person identified by any lists provided by a sport’s governing body to the Regulators;
3.1.15 not be a member, officer, director or employee of the Ontario Lottery and Gaming Commission, AGCO or iGO; and
3.1.16 comply with these Terms and the Additional Terms at all times in relation to your use of the Platform.
3.2 Prohibited Wagering:
3.2.1 An individual whose participation in a Wager or Event may undermine the integrity of that Wager or Event may not place such a Wager or participate in such an Event.
3.2.2 No member of an athletic organization may place a Wager on the Events of the organization to which they are associated, including athletes, coaches, managers, trainers, medical personnel, officials, team affiliates, employees, contractors, owners of any professional or collegiate teams, or other individuals who participate in an authorized sporting event that is the subject of Wagering, or persons who are employed in a position with direct involvement with such aforementioned persons.
3.2.3 We reserve the right to void your Wagers and any winnings where we become aware based on reasonable evidence that a Member has an affiliation that means the Member has, or has access to, information about an Event that may put that Member at an advantage over other Members notwithstanding that the Member is not a member of any athletic organization relevant to the Event; for example if you are in possession of detailed knowledge (not publicly available) about a certain Event, irrespective of that knowledge being based on professional or personal relations to any member of any relevant athletic organization relevant to the Event.
3.3 Failure to meet the Member Requirements: If we become aware that you do not satisfy any of the requirements set out in Sections 3.1 and 3.2 we may invalidate and close your account. We reserve the right to void your Wagers and any winnings and terminate your account if you are in breach of Section 3.1 or 3.2 or if we believe based on reasonable evidence that you are in breach of Section 3.1 or 3.2.
4. NO MULTIPLE ACCOUNTS
4.1 You may only have one (1) active account on the Platform at any one time.
4.2 You may never access the Platform by means of another person’s account or permit any other person to access the Platform using your account. You agree not to transfer any funds to any other Member or account holder.
4.3 If you: (a) attempt to open more than one (1) account under your own name or under any other name; (b) attempt to use the services by means of any other person’s account; or (c) permit another person to access the Platform or use the services using your account, then we will be entitled to take action in respect of your account, such as but not limited to cancelling any Wagers, Bonus or withdrawal and/or suspend or close your account.
4.4 In the event your account is associated in any way with any existing account that has been terminated, or if your account is associated with, or related to, existing inactive accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said account.
4.5 Transfer of Accounts and Funds Between Accounts. Your account is unique to you. You agree not to sell, transfer or acquire accounts to or from other Members or attempt to do so. No funds (including any winnings) or Bonuses may be transferred between accounts.
5. AGE AND IDENTITY VERIFICATION
5.1 It is a criminal offense to Wager or allow another person who is under the Minimum Age to participate in Wagering, including participate in services provided on websites that are the same as or similar to the Platform. If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in Wagering, or if we suspect that you are not of the Minimum Age, we may terminate your account and any winnings will be null and void. No claim may be made against us in these circumstances. Any initial deposits made by a Member in such account will be reported to the Regulator and may be subject to forfeiture or other disposal as may be directed by the Regulator pursuant to regulations. We may refuse to refund any Bonuses or winning funds provided to or gained by a Member in violation of these Terms.
5.2 When considering your Member registration application and certain deposit and withdrawal transactions, we may use independent risk management providers or credit reference agencies to verify your age, name and address or any other information that you provide to us. In performing these checks, the risk management provider or credit reference agency may keep a record of your information. The purpose of such checks is to confirm your age, identity and geographic location only. Such checks should not impact your credit score or creditworthiness. These checks enable accounts to be opened more quickly, reduce the need to obtain age and identification documents and assist us with our age verification licensing obligations and crime and fraud prevention program.
5.3 If we cannot satisfactorily complete our age and identity verification process, we may ask you to provide personal identification documents to further confirm and validate your age and identity. Such checks may include (but may not be limited to): (a) proof of your age (with a passport or any other government issued identity document providing your date of birth); (b) proof of your address (with a current utility bill or a bank or card statement); and (c) proof of your identity (with a valid government ‑issued identity card, driver’s license, passport identification We may request notarized document copies, meaning the documents must be stamped and attested to by a notary public. We reserve the right in our sole discretion to request additional information from you or as may be required by Applicable Laws. Should the documents fail our internal security checks (for example, if we suspect that the documents have been tampered with or are in any way provided to mislead or misrepresent), we will be under no obligation to accept such documents as valid and will be under no obligation to provide feedback on the exact nature of our findings with regard to the documents. We may suspend your account until you have satisfactorily completed these checks or we may terminate your account. In such circumstances, we may in our sole discretion refuse to refund any Bonuses or winning funds provided to or gained by you. Any initial deposit funds in such account will be returned to you. We will communicate all requests to you via the Platform and/or by email, phone, SMS or post.
5.4 You understand and agree to us performing background checks on you for any reason related to the services at any time, including any identity checks or any inquiries into your personal history, which may include accessing financial information where publicly available. The basis for such checks will be dependent on the specific case, and could include verification of your registration details, such as the name, address and age, verification of financial transactions, verification of gaming activity and verification of your ability to Wager. We will be under no obligation to advise you of such checks taking place and we may use third party companies and social media sites in conducting such checks. Following such checks, we may decide in our sole discretion to: (a) restrict the amount you may deposit and Wager and/or the frequency of your Wagering activity for a specific or indefinite period of time; and/or (c) suspend your account and withhold all funds.
5.5 Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Member, you will be issued a personal account and sent confirmation of your registration by email. You cannot use the full functionality of your account, including processing any withdrawals until you have confirmed your email address by clicking on the link in your registration confirmation email. If you have entered an incorrect email address at the time of registration, you can update your details in the ‘My Account’ section of the Platform.
5.6 Declined Applications: We may decline acceptance of an account application at any time and for any reason.
6. LOCATION VERIFICATION
6.1 As further noted in our Cookie Policy, which can be found here, the Service Parties utilize several current technologies, and may use future technologies, in order to verify your physical location while you are Wagering on the Platform (collectively, the “Geolocation Technologies”). The Geolocation Technologies report your physical location from the computer or Internet ‑connected device that you choose and from which you access the Platform. The Geolocation Technologies obtain your physical location by accessing your Internet Protocol (IP) address, MAC address, RFID, hardware embedded article/production number, embedded software number (such as UUID, Exif/IPTC/XMP or modern steganography), Wi‑Fi positioning system, or device GPS coordinates. The Geolocation Technologies report to the Service Parties and/or the Regulators the physical and geographic location of the computer or Internet ‑connected device from which you access the Platform. It is possible that your precise or near ‑precise physical location will be reported to the Service Parties and/or the Regulators when you use the Platform. You agree to comply with our requirements in connection with verifying your physical location at the time of Wagering, including by use of your mobile device’s current location and/or using the Wi‑Fi networks when you use your computer or tablet device.
6.2 Location coordinates may be gathered at any time, including at the time you access a product using your mobile phone, computer and/or tablet device, and you have agreed to use the location verification service (the “ Location Service”) on your device to permit the collection of location coordinates. Upon completing the account registration process, and before Wagering, you may be required to download a “plugin” from our Location Service provider. The mobile device Location Service is available only on selected carriers. The Location Service might not be available if the mobile device is roaming or is turned off. Please contact your carrier for rate information and note message and data rates may apply. Location coordinate data is transmitted via Transport Layer Security (“TLS”) technology into password protected servers. Your data and personal information will be processed in accordance with the Privacy Policy.
6.3 You consent to the monitoring and recording by the Service Parties and/or by the Regulators of any Wagering communications and geographic location information and verification via the above-described process for the purpose of determining compliance with Applicable Laws each time you log into your account and also periodically while you are logged into your account. You agree that you will have no claims against the Regulators or Bally’s Corporation in such regard. We may suspend or close your account if we have information which leads us to believe that you are placing, or attempting to place, a Wager when physically located outside of the Authorized Gaming Jurisdiction.
6.4 We may suspend or close your account if we have information which leads us to believe that you are placing, or attempting to place, a Wager when physically located outside of Ontario.
6.5 You acknowledge that you are granted a personal, non-‑transferable and non‑exclusive right to use the Location Service and any related data. GeoComply, as provider of the Location Service, and/or its licensors, retain all of their Intellectual Property Rights in and to the Location Service, and no title to any such property is transferred to you. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form or otherwise attempt to derive source code from the Location Service, or modify, incorporate into or with other software, or to create derivative works of, the Location Service or any related data, or allow any third party to do the same. You agree not to expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the Location Service, or allow any third party to do the same.
6.6 You acknowledge and agree that no warranty from GeoComply or its licensors is being made to you in connection with the Location Service and any related data, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply and its licensors will not be liable to you for any indirect, consequential, incidental or special damages arising out of the use or license of the Location Service, regardless of the theory of liability (including negligence, tort, and strict liability).
6.7 You agree not to remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Location Service by GeoComply or any of its licensors, or allow any third party to do the same.
6.8 You agree not to make the Location Service or any related data available to third-parties, or use the Location Service on behalf of third-parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and not to transfer or sublicense the Location Service or any related data or allow the Location Service or any related data to become subject to any lien.
6.9 You agree not to make any copies of the Location Service or any related data, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s and its licensor’s notices regarding proprietary rights.
6.10 We reserve the right to use data from GeoComply to aid in any investigation into your online account activity.
6.11 You agree to comply with the Google Maps terms and conditions (as located at http://maps.google.com/help/terms_maps.html), the Google Legal Notices (as located at http://www.maps.google.com/help/legalnotices_maps.html) and the AUP (as located at http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.
6.12 We may also use or make available a “strong authentication” process to verify your location from time to time. Such process may vary from time to time and require you to verify your identity when you log in. Please see our FAQ page for further details.
7. ANTI‑MONEY LAUNDERING POLICY
7.1 As part of our compliance with applicable anti-‑money laundering laws and regulations, we may at any time (including in certain stages of your account registration) ask you to verify your identity and address as well as request proof of ownership for any payment methods used to deposit or withdraw funds. You will not be permitted full use of the Platform unless and until your age, identity and location and, if required, your source of funds, have been verified to our satisfaction.
7.2 It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your account.
7.3 We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the Regulator, and we may report such activity to the police or relevant authorities.
7.4 You declare that the source of funds used by you for Wagering on the Platform and using the services is not illegal and that you will not use the Platform, the services in any way as a money transfer system. We do not allow you to use any third party funds to fund Wagers placed via your account. Any funds credited to your account and placed on a Wager must solely be funded by you and we only accept your own Wagers via your Account. We reserve the right to withhold any winnings should we reasonably believe that the funds used were from a third party.
7.5 You agree that funds deposited into your account from a financial institution will not be transferred out of your account to a different financial institution, except as permitted by Applicable Laws.
7.6 You will not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under iGO’s and/or AGCO’s anti-‑money laundering policies and guidance and Canadian anti-‑money laundering regulatory requirements. If we have a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity including money laundering activities, or conduct otherwise in violation of these Terms, we will be entitled to take any action we deem appropriate. You agree to fully cooperate with us to investigate any such activity.
7.7 You must inform us if you are a politically ‑exposed person in Canada (“domestic PEP”), a politically ‑exposed person outside of Canada (“foreign PEP”), a head of an international organisation (“HIO”, together with domestic and foreign PEPs, “PEP/HIO”), or the family member or close associate of a PEP or a HIO (a “PEP/HIO Related Person”) at the time you register and open your account. You must immediately inform us if your PEP/HIO or PEP/HIO Related Person status changes at any time while your account is open. For the purposes of this Section:
7.7.1 A foreign PEP includes the individuals who hold the following offices or positions in or on behalf of a foreign state:
7.7.1.1 Head of state of head of government;
7.7.1.2 Member of the executive council of government or member of a legislature;
7.7.1.3 Deputy minister or equivalent rank;
7.7.1.4 Ambassador, attaché, or counsellor of an ambassador;
7.7.1.5 Military officer with a rank of general or above;
7.7.1.6 President of a state ‑owned company or a state ‑owned bank;
7.7.1.7 Head of a government agency;
7.7.1.8 Judge of a supreme court, constitutional court, or other court of last resort; or
7.7.1.9 Leader or president of a political party represented in a legislature.
7.7.2 A domestic PEP is a person who currently holds, or has held within the last five years, the following positions in or on behalf of the Canadian federal government, a Canadian provincial (or territorial) government, or a Canadian municipal government:
7.7.2.1 Governor General, lieutenant government or head of government;
7.7.2.2 Member of the Senate or House of Commons or member of a legislature;
7.7.2.3 Deputy minister or equivalent rank;
7.7.2.4 Ambassador, or attaché or counsellor of an ambassador;
7.7.2.5 Military officer with a rank of general or above;
7.7.2.6 President of a corporation that is wholly owned directly by her Majesty in right of Canada or a province;
7.7.2.7 Head of a government agency;
7.7.2.8 Judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada;
7.7.2.9 Leader or president of a political party represented in a legislature; or
7.7.2.10 Mayor.
7.7.3 An HIO is a person who is (or was within the past five years) the primary person who leads an international organisation, and the international organisation that they are or were the head of is either:
7.7.3.1 An international organisation established by the governments of states; or
7.7.3.2 An institution established by an international organisation.
7.7.4 A family member of a PEP or HIO includes:
7.7.4.1 Their spouse or common ‑law partner or ex-‑spouse or former common ‑law partner;
7.7.4.2 Their biological or adoptive child(ren);
7.7.4.3 Their mother(s) or their father(s);
7.7.4.4 The mother(s) or father(s) of their spouse or common ‑law partner (mother-‑in-‑law or father-‑in-‑law); or
7.7.4.5 Their siblings.
7.7.5 A close associate of a PEP or HIO includes persons who:
7.7.5.1 Are business partners of, or who beneficially own or control a business with a PEP or HIO;
7.7.5.2 Are in a romantic relationship with a PEP or HIO;
7.7.5.3 Are involved in financial transactions with a PEP or HIO;
7.7.5.4 Serve as a member of the same board as a PEP or HIO;
7.7.5.5 Carry out charitable works closely with a PEP or HIO; or
7.7.5.6 Are listed as joint on a policy where one of the holders may be a PEP or HIO.
8. MANAGING YOUR ACCOUNT AND SECURITY
8.1 Up-‑to-‑date details:
It is your responsibility to ensure that your personal details are kept up to date. You are required to advise us of, and update your account with, any relevant changes to your personal information that may affect deposit and withdrawal processing. We do not accept liability for any harm that you may suffer as a result of you failing to notify us of any changes to the personal information that you have provided to us. You may change your account details, including your personal information, in the ‘My Account’ section of your account. If necessary, in connection with the management and operation of your account, we may contact you by email, telephone, SMS (text message) or letter via the contact details you provide to us.
8.2 Keeping Password and Member Details Secure:
8.2.1 Your account username, password are for your personal use and should be kept private and confidential at all times. You should protect your account with a strong password that is not used on other sites of services. Use of password managers is recommended. You may update your personal details, including your password, via the ‘My Account’ section on the Platform. Once the correct password associated with your account is provided, we are entitled to assume that all payment and gaming transactions made through your account are made by you.
8.2.3 You are not permitted to circumvent the use of required encryption technologies. You agree to: (a) never allow anyone to have access to your account; (b) immediately notify us if you become aware or suspect any unauthorized use of your username, password or account, or any other breach of security; and (c) ensure that you log out of your account at the end of each session. You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions. You must monitor your account to prevent its use by another person, and maintain the physical and logical security of your devices, access points, username and password at all times and not divulge your username or password to third ‑parties.
8.3 Responsible Account Management: You are responsible for the security of your username and password on your own computer and any device on which the Platform is or may be accessible including an Internet access location. It is your responsibility if your username and password combination is “hacked,” which may result from a virus or malware present on the computer or mobile device from which you access your account, or through reuse of passwords and/or phishing. You should report any possible hacking attempts or security breaches from your computer or mobile device immediately to us. It is your responsibility to maintain the physical and logical security of and to configure your computer’s and/or mobile device’s auto-‑lock features to protect from unauthorized access and use. We take no responsibility for any third party access to your account where your negligence or deliberate act has contributed to such third party access and under no circumstances will we be liable for any losses incurred by you as a result of misuse of your username or password by any person or for any unauthorized access to your account (unless this is due to our negligence). All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorized by you. We will not be liable if you misplace, forget, or lose your username or password because of anything other than our error.
8.4 If you misplace, forget, or lose your username or password, you can retrieve or reset this information via the ‘My Account’ section of your account or by contacting our Customer Support team here or via live chat.
9. RESPONSIBLE GAMING
9.1 Responsible Gaming Policy: As part of our Responsible Gaming Policy, we provide you with the ability to control and limit your spending, and options to temporarily time out of accessing to your account and an option to self-‑exclude and close your account for a set period of time. To view our Responsible Gaming Policy and for more details on how you can control your gambling please visit here.
9.2 Break in Play/Account Timeout: You may temporarily exclude yourself from the Platform by selecting one of the options available under “Account Cool Off” for periods of one (1) day, or one (1) week, or one (1) month, or two (2) months, or three (3) months by accessing the Responsible Gaming page here. On confirming the break in play period, your Member account will be immediately suspended and it will not be possible for you to login to your Member account or place any further Wagers until the selected duration has expired. Please note that when you select a break in play period, it will only apply to the Member account that you are logged into at the time and will not apply to accounts on other Platforms, where applicable, or if you have more than one Member account in breach of these Terms. It is not possible for us to override or remove any break in play period once set. Any balances and any advance Wagers that you have placed will remain and any winnings will be credited to your Member account. You can only access your winnings after the break in play period has expired, however, you may also contact our Customer Support Team, at support@on.ballybet.ca or live chat, to withdraw any funds in your Member account. Where you have confirmed the break in play, all Bonuses, rewards and entries in any reward schemes, promotions and competitions cannot be cancelled, but you will not be able to access them during the break in play period. It is possible that Bonuses may expire during the break in play period and we cannot reinstate these if the Member account is reopened after the break in play period. We will take all reasonable precautions to ensure you are not able to gamble during the break in play period but, provided we have taken all reasonable precautions, we are not liable to you if you circumvent our procedures.
9.3 Deposit and Loss Limit and Frequency Control: Our Deposit Limit and Frequency Control tool enables you to specify the maximum amount you can deposit over a set period of time. You can read more about and set a deposit limit, loss limit and frequency control limit on your Member account by accessing the Responsible Gaming page here. You can set or decrease such limits at any time with immediate effect and deposit or loss limits can be for a period of twenty ‑four (24) hours, or seven (7) days or one (1) month. Please note that when you select a deposit limit or loss limit or frequency control limit, it will only apply to the Member account that you are logged into at the time, and will not apply to accounts on other Platforms, or if you have more than one account in breach of these Terms. Where a gaming limit has been previously established by a Member, a request by the Member to relax or eliminate that limit shall only be implemented after a cooling-‑off period of at least twenty ‑four (24) hours. We will take all reasonable precautions to ensure your deposit limit, loss limit, or frequency control limit is observed but, provided we have taken all reasonable precautions, we are not liable to you if you circumvent our procedures and/or deposit funds into your Member account that exceeds your limits.
9.4 Loss Limits: Loss Limits lets you specify the maximum amount of Member deposits that you put at risk (i.e. potentially lose over a daily, weekly, or monthly period), applying to the balance between the amount spent on Wagering and the amount won during the defined time period. Further information on Loss Limits is made available in the FAQs. We will take all reasonable precautions to ensure your Loss Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Loss Limit.
9.5 If you wish to increase your limits or remove your self-‑exclusion, Regulators’ regulations may require that you must wait until your current limit or self-‑exclusion expires before the new limit will take effect or activity is permitted.
9.6 Self-‑Exclusion:
9.6.1 We provide a self-‑exclusion facility. On request, we will suspend access to your Member account (by way of self-‑exclusion) for a minimum period of six (6) months, or one (1) year, or five (5) years, during which time it will not be possible for the Member account to be accessed by you for any reason. You can also request to close your Member account at any time by contacting Customer Support here with the username or registered email details of the Member account you wish to close. Please ensure you quote the reference ‘Self-‑Exclusion’ in all correspondence to ensure your Member account is closed for the correct reason.
9.6.2 Upon self-‑excluding, access to your account will be revoked with immediate effect. All future transactions on the Platform will be cancelled and, if requested by you, any remaining balances (less any active rewards) will be transferred to your bank card, bank account, or transferred to you through any other third party payment method which we will make available.
9.6.3 You acknowledge and agree that should you choose to self-‑exclude from the services, you will not be permitted, and you expressly agree not to attempt to access any account you have opened with us or use the Platform, to open or use a Member account that is operated by any company in Bally’s Corporation during your selected self-‑exclusion period, until such self-‑exclusion has been lifted and the original account reopened. Unless your self-exclusion has otherwise been reported to us by the Regulator, should you choose to self-exclude from the services, you acknowledge that we are required to report your self-exclusion to the Regulator. In the event you are in breach of the foregoing, we will be entitled to take Full Protective Measures against your account.
9.6.4 If you have previously self-excluded under our responsible gaming program under any other gaming operation, it is your responsibility to refrain from opening new accounts during the period of such exclusion. If you do open any new accounts, we will close all accounts as soon as detected. Neither we nor any of our Affiliates will be obligated to refund you any funds you may have Wagered or won through such account.
9.7 Member accounts suspended due to self-‑exclusion cannot be re‑opened for any reason until the self-‑exclusion period has expired. Upon expiry of the self-‑exclusion period you may request to re‑open a suspended Member account by contacting Customer Support here with the details of the Member account you wish to re‑open.
9.8 We take responsible gaming very seriously and may, in addition to the above, if we have serious concerns regarding the level of your gambling, close your account and refund any deposit balance and winnings (if any) to you at any time.
9.9 Please refer to our Responsible Gaming Policy for further player protection information here. Any accounts that we detect that contravene our Responsible Gaming Policy will be closed. If you breach our Responsible Gaming Policy, we may suspend any accounts that you may hold including any account you may hold with us.
9.10 “Fit to Play” Acknowledgment: Before the start of each gaming session, prior to a Member participating in any game play, a Member must affirm that they are fit to play.
9.11 If you or someone you know has a gambling problem and wants help: (a) call Connex Ontario: 1‑866‑531‑2600 or text Connex to 247247 or visit https://www.connexontario.ca/en‑ca/ .
10. ACCOUNT PAYMENTS AND WITHDRAWALS
10.1 Registered Name: You can only use payment methods registered in your own name to make deposits and request withdrawals.
10.2 Account Duration: These Terms and the Additional Terms will be in full force and effect immediately upon your completion of the registration process and will continue in full force and effect, and as updated from time to time, unless and until terminated in accordance with these Terms.
10.3 Deposit Methods: Each deposit into your account must be from a single payment source on which you are a named account holder. We do not charge you to deposit to or withdraw from your account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
10.4 Minimum and Maximum Deposits: All deposits are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in ourFAQs. We may limit any Member’s deposits on any single day. We may also restrict the amount you may deposit in accordance with Section 5.4.
10.5 Online Wagering only: You may only place Wagers via the Platform. Attempts to place Wagers through any other medium, including telephone, fax or mail, will not be accepted.
10.6 Illegal Wagering is Void: We may, in our sole discretion, declare any Wager as void if a Member is identified as Wagering illegally, in which event no winnings will be paid. We do not accept liability for any breach by you of the applicable laws, including but not limited to, adjustment of a VPN (virtual private network) in an attempt to appear to be located in the province of Ontario, the creation of end user accounts using fraudulent and/or stolen user details or the attempted use of the Platform as a means of depositing funds obtained from criminal, illegal or fraudulent activities. If we, on reasonable evidence, identify you as playing illegally, we will declare any Wager and winnings made or received whilst playing illegally, as void.
10.7 Interest on Member Account Funds: We are not a financial institution. Interest will not be payable on monies held in accounts as these are merely advance payments for intended Wagering.
10.8 Payment Transactions: We may use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Platform. To the extent that they do not conflict with the terms of these Terms, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
10.9 Fraudulent and Suspicious Transactions: You agree not to make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You will be required to reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us. If we are notified of any suspected or fraudulent payment (including use of stolen credit cards) or any other fraudulent activity (including any chargeback or other reversal of a payment), we may suspend, close or take Full Protective Measures against your account, reverse any withdrawal made and recover any winnings. Under no circumstances will we or our Affiliates or our third party service providers be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
10.10 Payment Withholdings: We may, in our sole discretion, cease to provide the Platform or withhold payment to certain Members or to Members paying with certain credit cards or third party payment methods. We may also temporarily withhold payment of your deposit balance and winnings (if any):
10.10.1 until verification in accordance with our age and identity verification and anti-‑money laundering obligations (as further set out above) has been completed. Upon verification being completed, we will process the payment of the withheld amount to you; or
10.10.2 up to any amount proportionate to our loss as a result of such breach, if based on reasonable evidence we find that you have seriously breached these Terms and Conditions; and
10.10.3 to the extent we are required to do so by law and/or instructed to do so by Regulators.
10.11 Minimum and Maximum Withdrawals: All withdrawals are subject to minimum and maximum limits per transaction, which limits may vary depending on the payment method used. Full details can be found in ourFAQs. We may limit any Member’s withdrawals on any single day where permitted by Applicable Laws.
10.12 Confirmation of Withdrawal Requests: Unless otherwise prohibited pursuant to these Terms, if you have submitted a request to make a withdrawal via an online payment method, you will see a confirmation message that the transfer has been processed and your balance will immediately clear to the balance of the amount not withdrawn. Only Cash may be withdrawn from your account. Bonuses are not available for withdrawal unless otherwise stated in the Bonus Terms.
10.13 Withdrawal Authorization and Payment: We try to authorize your withdrawal request within twenty ‑four (24) hours of our receipt of your request. Payments generally will be made as soon as reasonably possible, which may require three (3) to five (5) business days’ internal processing time. If at the time of a withdrawal request, you have any deposits which are pending receipt of confirmation of funds depending on the deposit method used, we reserve the right in our sole discretion to delay any withdrawal payment until such deposited funds have been confirmed by your financial institution.
10.13.1 For security reasons, Members making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained. We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information. Should you fail to provide us with, or fail to verify the authenticity of, any documents requested, we reserve the right in our sole discretion to cancel a withdrawal request. Depending on the outcome of these verification checks, you may or may not be permitted to deposit further monies with the debit card or other deposit methods previously used by you. Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received, including any delays caused by a payment processor, a credit or debit card issue, as applicable, or the custodian of a segregated account.
10.13.2 We may decline to honor the request for withdrawal for a reasonable investigatory period where we believe in good faith that you have engaged in fraudulent conduct or other conduct that would put us in violation of any regulatory obligation until our investigation is resolved if we provide notice of the nature of the investigation to you.
10.13.3 Incorrect Account Information: It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.
10.14 You authorize our third party payment vendors to initiate debit and credit entries to the account at the depository financial institution for which you have provided information. The debit for a transaction can post at your financial institution within twenty-four (24) hours after you initiate a transaction. You further authorize all transactions at any participating third party payment vendor to be debited from the same checking account, and such future debits will take place only when initiated by you. Your authorization will remain in effect until such third party payment vendor received written notification by you of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by your financial institution are subject to a service charge, which also may be debited electronically from your account or collected using a bank draft drawn from your account.
10.15 Uncollected or Reversed Deposits: If any deposit is charged back or is otherwise deemed uncollectable for any reason, any and all winnings generated from play or Wagers conducted from such account from the time of the applicable deposit until its reversal or uncollectability will be invalidated, forfeited and/or deducted from your account balance. In addition, the amount of the initial failed deposit will be invalidated, forfeited and/or deducted from your account balance. In the event that your account balance is not sufficient to collect such forfeitures through deductions, you expressly acknowledge and agree that we may collect any monies owed by you to us from you and from any accounts of which you make us aware, including accounts provided in connection with the services or financial institution accounts, without any further notice being required. You expressly acknowledge and agree that, in the event of non‑payment of debt, we may proceed to enforce our rights, which may include legal action and attendant cost and attorneys’ fees. In such event you agree that in addition to any other amounts due to us, you will pay all legal fees and costs paid by us in collecting any amounts due from you. You further expressly acknowledge and agree that, in the event of non‑payment of debt, we may, at our sole discretion, assign such debt to one or more collection agencies. Note that following the assignment of such debt to a collection agency, the resolution of such debt and any associated legal processes associated are not within our control and must be negotiated or resolved directly with the collection agency. We reserve the right to suspend or close the account(s) associated with the uncollected or reversed deposit.
10.16 Member Account Statement: You may request a statement detailing your account activity, including your deposits, withdraws, winnings or loss, current balance and self-imposed limit history (if applicable), by contacting our Customer Support team at support@on.ballybet.ca.
11. CLOSING ACCOUNTS
11.1 Account Closure: We may temporarily suspend or permanently close your account at any time without providing any reason.
11.2 How to Close Your Member Account: You can close your account and request payment of outstanding funds at any time by contacting our Customer Support team here or via live chat with the username or registered email details of your account. Such closure will occur as soon as possible after our receipt of your request and we will confirm the closure of your account by email. You remain responsible for any activity on your account between your request and the closure of your account by us.
11.3 Temporary or Permanent Self-‑Exclusion from Your Member Account : If you wish to temporarily exclude yourself from the Platform or enter into self-‑exclusion, please see Section 9.
11.4 Dormant Accounts: If you do not log into your account for a period of three (3) years or greater, your account will be deemed dormant (a “Dormant Account”) and closed. We will make reasonable efforts to contact you to return any unclaimed funds where required and permitted by Applicable Laws. Any funds remaining in such Dormant Account after 120 days of attempting to contact you and any pending Wagers will be forfeited. Such funds will be remitted to the Regulator where required by Applicable Laws.
11.5 Effect of Account Closure:
11.5.1 Provided that you have complied with these Terms and the Additional Terms, and provided the funds in your account have not been forfeited as indicated above, upon your request, your outstanding funds, as recorded on our systems less any active Bonuses, will be returned by us by issuing checks by mail or by another payment method used by you and us as we make available from time to time such as by bank transfer, subject to our right to deduct any amounts by you to us.
11.5.2 Closure of an account will automatically render any unsettled Wagers and entries in any offers, promotions or competitions void. We cannot reinstate these if the account is subsequently reopened.
11.5.3 In addition to terminating your access to the services, we reserve the right in our sole discretion to prevent you from accessing the Platform and the services as well as any Group Platform or servers, and you will have no claims against us in such regard.
11.5.4 Upon the closure of your account and the termination of these Terms, you will:
11.5.4.1 discontinue the use of the Platform and the services;
11.5.4.2 pay all amounts due and owing to us; and
11.5.4.3 remove and permanently delete any software in the Platform that you downloaded to your computer equipment and/or mobile device and destroy all related documentation in your possession, custody, power or control.
11.6 Reopening‑ Your Member Account: You may request to re‑open a closed account by contacting our Customer Support team here or via live chat with the details of the account you wish to re‑open. We will review all requests to re‑open a closed account. Accounts closed as part of our Responsible Gaming policy cannot be re‑opened for any reason until the self-‑exclusion or time out period has expired. Please also see Section 9 for further information on Responsible Gaming.
12. ACCEPTANCE AND VALIDATION OF WAGERING
12.1 Accepted Wagers:
12.1.1 You acknowledge and agree that a Wager you place via the Platform is a binding and irrevocable offer to place the Wager. We reserve the right at any time to limit or refuse to accept the Wager.
12.1.2 A Wager is only accepted via the Platform when you receive confirmation from us by way of on‑screen display that the Wager has been accepted. Any Wagers attempted by any other method will not be accepted. At the time of acceptance, the amount of the Wager has been accepted by our servers and will be charged against your account.
12.1.3 You are responsible for reviewing your Wagers prior to and after placement in order to verify each Wager was successfully made and is accurate. You must immediately notify us regarding any error or discrepancy.
12.1.4 All Wagers are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for any reason set out in these Terms or the Additional Terms. We accept no responsibility for Wagers that may have been submitted and not confirmed by our systems or otherwise accepted by us. You may choose to decide to Cash Out your Wager if this option is made available to you.
12.2 Minimum and Maximum Wagers: Minimum and maximum Wager amounts apply depending on the Product, unless otherwise specified. We may also restrict the amount you may Wager and/or the frequency of your Wagering activity in accordance with Section 5.4.
12.3 Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your account at the time of placing your Wager, no matter when the result is determined. We cannot refund Wagers purchased for future plays that have not yet been Settled or where you decide to Cash Out your Wager if this option is made available to you in accordance with the Sports House Rules. Any winnings related to such Wagers will be credited to your account once they have been Settled.
12.4 Our right to Cancel / Terminate Products: We may cancel, amend, remove or terminate any Product, or amend any Wager limit on your account, at any time in our sole discretion without notice. If a Product is cancelled, amended, removed or terminated in a way that makes it impossible to Settle a Wager that you placed, then that Product will be deemed null and void and the Wager will be credited back to your Member account.
12.5 Our right to postpone Products: We may postpone or pause any Product at our sole discretion. In this case, any Wagers for the postponed Product shall still stand and the Product will be executed at the new time set by us.
13. PAYMENT OF WINNINGS
13.1 Crediting Winnings: Winnings due on Wagers placed through your Member account will be credited to your current deposit balance automatically. This update of your account is not ‘proof of win’. If upon manual review there is evidence of fraud, Malfunction or malpractice, we may void certain Wagers and winnings and amend Member accounts accordingly.
13.2 Rounding of Winnings: We use a Wager multiplier to calculate and accumulate gaming odds and it is therefore possible that for certain Products, winnings pay outs can be displayed for presentational clarity having been rounded down to two decimal places. However, our (and/or any other Service Parties’) servers calculate and record the exact decimal value of the accumulated payouts and Members’ balances.
13.3 Taxation on Winnings: Any applicable taxes and fees and related regulatory reporting obligations in connection with any winnings awarded to you are your sole responsibility, and you hereby release us from any liability associated with this or any related actions taken by us.
13.4 Our decision is final: You agree that we and the applicable Service Parties’ records shall be the final authority in determining the terms of any Products, any Wagers you place, the circumstances in which such Wagers were placed, and the outcome of the same, subject to your right to make a complaint.
13.5 Wager Settlement: Unless expressly stated otherwise in the Sports House Rules, all Wagers are Settled according to the price shown at the time of Wager acceptance, subject to any Malfunction error corrections and Cash Outs. In limited circumstances, after your Wager has been accepted, the odds may show in the current Wagers and Wager history section of your account as rounded slightly down. This rounding display does not affect the payment of your Wager, which will be Settled at the correct odds (at the time your bet was accepted).
13.6 Wager Result Acceptance: By placing any further Wagers with us, you accept the results of any previous Wager.
13.7 Progressive Jackpots: We may choose to make available to Members pooled Progressive Jackpots across networks and services owned and operated by Bally’s Corporation and third parties. We may remove (or ‘decommission’) Progressive Jackpots at any time (including before the Progressive Jackpot has been won). Where we do so and a live Progressive Jackpot contains player contributions, we will always re‑distribute such contributions fairly according to the circumstances.
13.8 Progressive Jackpot Winnings: All Progressive Jackpot winnings will be subject to our confirmation. Our decision will be final and no correspondence will be entered into, subject to your right to make a complaint.
13.9 Progressive Jackpot Accuracy: We use reasonable endeavours to ensure that the Progressive Jackpot value displayed in a Game matches the value on the Game server. However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out. A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out. Although unlikely, it is theoretically possible for the Progressive Jackpot to appear to be won by more than one Member during the delay period mentioned above. If more than one Member appears to win a Progressive Jackpot simultaneously, then the Member recorded on our servers and/or our Game or Service Parties’ servers as having won the Progressive Jackpot first, shall be the recipient and the subsequent Member(s) shall win the value of the Progressive Jackpot when reset. In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning Members.
14. COMPETITIONS, PROMOTIONS AND BONUSES
14.1 From time to time we may offer certain Bonuses (including Bonus Money and Free Bets as defined in the Bonus Terms) and related offers, promotions and competitions from time to time. We may offer you the chance to enter competitions and promotions, or you may be automatically entered into a competition and/or promotion as a result of being a Member. We will provide the specific terms and conditions for such Bonuses, competitions and promotions at the relevant time and any other specific terms and conditions relating to the Bonuses that we publish on the Bally Bet Platform or otherwise including promotional and competition rules, bonus scheme rules, and loyalty scheme rules. You should therefore read these Terms and Conditions in combination with the applicable Specific Promotional T&Cs for any competition or promotion you wish to enter. Where such specific terms conflict with these Terms and Conditions, the Specific Promotional T&Cs will take precedence.
14.2 If you receive a Bonus, you must comply with the relevant terms set out in our Bonus Terms (as they are updated from time to time) (which can be found here). In addition, our decisions in respect of such Bonuses are final and binding in all respects.
14.3 Failure to comply with these Terms and Conditions and/or failure to comply with the applicable Specific Promotional T&Cs for a competition or promotion will automatically render your entry to such competition or promotion as void. In the event that we believe a Member is abusing or attempting to abuse or otherwise taking unfair advantage of an promotion or competition, such as participating in minimal risk Wagering (such as by placing opposite bets on the same Event) we may in our sole discretion deny, withhold or withdraw from any Member any offer, promotion, competition or Bonus, or rescind any term, condition, rule or policy with respect to that Member.
14.4 Bonuses are not transferable between accounts.
14.5 Any Member who is self-excluded will not be eligible to receive a Bonus. Players who self-exclude: (i) during the course of placing a Wager which is eligible for a Bonus; or (ii) after a Wager that is eligible for a Bonus has been placed but before any Bonus has been credited will not be eligible to receive their Bonus or any winnings from such Bonus. Any Bonus received prior to self-exclusion will expire upon self-exclusion.
14.6 We may withhold any Bonuses, prizes or credits awarded as part of an offer, promotion and/or competition at our discretion.
14.7 We may withhold, withdraw, amend or cancel any Bonus offer, promotion, competition, loyalty scheme or bonus scheme at our discretion at any time for any reason and without the need for prior notice.
14.8 Additional Bonuses: We may choose, in our sole discretion, to provide additional Bonuses or complimentary payments to Members, either applied directly to their account or through mechanisms such as offering the facility for Members to participate in offers. The application of any Bonus or “comp” to a Member’s account or the offering of any Bonus does not place any obligation on us to make any similar payment or Bonus to any other Member. Any Specific Promotional T&Cs applicable to such Bonuses will be stipulated to the relevant Members.
14.9 Closure of your account will render a Bonus void. Closure of your Member account during a competition or promotion in which you have participated will render your entry into such competition or promotion void and you will not be able to receive a prize.
14.10 We may withdraw or amend any competition or promotion at any time. Any such withdrawal or amendment will not impact any Member who has already opted into the promotion or competition, or otherwise accrued any prizes in relation to such competition or promotion, prior to the withdrawal or amendment coming into effect (unless any such withdrawal or amendment is necessary to prevent fraud or similar unlawful behaviour).
15. REGULATION OF RESULTS
15.1 Our Server Evidenced Results: If there is a discrepancy between either the numbers that you believe that you have entered or the graphic display of the Game you have played and those in our (or any of our third ‑party Game or Service Parties’) database, the numbers in the database are considered valid and no correspondence disputing such issues will be entered into by us.
15.2 Random Number Generator: You accept and agree that (a) random number generator software, hosted on our (or any of our third party Game or Service Parties’) servers will determine the outcome of the Games; (b) if the result shown on the software conflicts with the result shown on our (or any of our third party Game or Service Parties’) server, shall in all circumstances take precedence; and (c) our (or any of our third party Game or Service Parties’) records shall be the final authority in determining the circumstances of your use of the Platform and you shall have no right to dispute our decisions in regard to such matters, except by making a complaint.
15.3 Integrity of Random Number Generator: The output of our (or our third party Game or Service Parties’) random number generator is monitored and tested regularly by us and an independent accredited test facility to ensure it performs within expected bounds and in accordance with the relevant Regulators’ requirements.
15.4 Member Account Balances: Save as a result of manifest error or our negligence, the balance of your Member account will at all times be recorded on our server.
15.5 Event Results: Unless expressly stated otherwise in these Terms or any Additional Terms, for the purposes of Settling your Wager, the initial official result following the closure or end of an Event will be considered final and conclusive. Any subsequent change to results, whether due to disciplinary hearings or otherwise, will not be considered for the purposes of Settling your Wager. Automatic Game Playing and Wagering/Manipulation of Software: Automatic playing of Games or placing of Wagers by software (including, but not limited to, so called “bots”, AI software and any software used for opponent ‑filing and automatic Wagering) or any other manipulation of the Products or your/another Member’s account data is not permitted and may (without affecting our other rights and remedies) result in closure of your Member account/s and the cancellation of any outstanding winnings and deposits. Members that breach this Section will not be eligible for reinstatement under different screen names.
15.6 You agree not to break into, access, or attempt to break into or access or otherwise circumvent our security measures, or intentionally disconnect from Wagering activities while engaging with the Platform. If we have reason to suspect that you are in breach of the foregoing or that you are in an account or group of accounts that are operating systematically (for example, employing specific Wagering techniques or Wagering as a group), we have the right to use Full Protective Measures against your account.
15.7 Employee and Contractor Playing Restrictions: Neither: (a) our employees and contractors; nor (b) the employees and contractors of our Service Parties such as but not limited to our licensors, software suppliers, partners or developers, may register as Members, use the Products or make transactions on the Platform unless authorised to do so by one of our legally entitled officials for test purposes only. No funds or winnings in Member accounts used in this manner may be withdrawn.
15.8 Platform Activity Monitoring: Use of the Platform may be monitored to ensure that you are not using the Platform with a frequency or in a manner which might suggest you are using it for bookmaking or other illicit purposes. We may withhold any monies and/or suspend, and/or close your Member account if we consider that the Platform is being used by you for suspected criminal activity, bookmaking or other illicit purposes.
15.9 Suspicious Activity: If we determine or suspect that a transaction is suspicious, including but not limited to, collusion between Members, whether using our systems or other systems, and involves or may involve financial crime, fraud, cheating or irresponsible gaming behaviour, or breaches any of our policies, we may retain the amount of that transaction and any transaction made by you. We shall be under no obligation to provide you with any reasons for doing so. In addition we may disclose information of such activity, including but not limited to, any details relating to you, to the Regulators and any applicable law enforcement agencies. In addition, we may disclose information of such activity (including any details relating to you) to the Regulator and the proper authorities (such as regulatory authorities, governing bodies, financial institutions or law enforcement agencies to assist with any investigation).
15.10 Event Rigging: When you place a Wager, it must be done so with your own judgment and it is presumed by us that you have no inside information or inside knowledge about the Event, and that you do not know what the outcome of the Event will be. You also confirm that you have not relied on the advice of any of our employees in relation to your Wager. We reserve the right to void any Wagers where this Section is breached. If there is suspicion or any reasonable evidence based on your Wagering activity and/or Wagering patterns or otherwise of price or Event rigging, or manipulation in relation to an Event, or if the integrity of an Event has been called into question, we may decide to void all relevant Wagers or withhold Settlement until the outcome of any investigation or suspicion is confirmed. If no fraudulent conduct is found to have occurred, Settlement of such Wagers will be processed. Where there is reasonable evidence that a Member or a syndicate of Members has been involved in any Event rigging, we reserve the right to use Full Protective Measures against your account.
15.11 Fraud or Collusion: We may withhold winnings and void Wagers and related Bonuses or rewards if you are a Member or Network User and you manipulate the Games in a fraudulent manner; or there is Collusion (or suspected Collusion) between Members and/or Network Users; or we suspect you of taking unfair advantage of other Members or Network Users. Any such winnings, Wagers, Bonuses and rewards shall be null and void.
15.12 Event Beyond Control: If we are prevented from providing all or part of the Platform (including, but not limited to any service or Product) or fulfilling any of our obligations under these Terms due to an event beyond our reasonable control, including but not limited to, an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including but not limited to any refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lock‑out, or industrial action of any kind or any other such cause beyond our reasonable control, the Platform (including, but not limited to any service or Product), may be suspended until such time as we are able to provide access to the Platform (or any affected part thereof) or fulfil any obligations under these Terms. You agree to waive any claim against us which may arise in such circumstances.
15.13 Results of Members of Group Websites: If you are a Network User, we may report any actual or suspected act that we identify on the Platform when you participate in a Linked Product of collusion, soft play, automated playing, manipulation of software, taking unfair advantage, fraud, money laundering, financial crime, or any other breach of our policies to the relevant Group Website. Such actual or suspected acts will be dealt with by the relevant Group Website in accordance with its policies. This may result in the withholding of winnings, voiding of Wagers and related Bonuses and retention of your related deposits by the relevant Group Website, together with the closure of your account with the relevant Group Website. For the avoidance of doubt, we will not be able to assist you in relation to any decisions made by the relevant Group Website.
16. DISCONNECTIONS AND MALFUNCTIONS
16.1 You are responsible for any and all telecommunication network and Internet access services fees and costs, and all other consents and permissions required in connection with your use of the Platform and the services. We will not be liable for any acts or omissions made by any third party providers that you have contracted with to gain access to the Platform.
16.2 If you are disconnected from the Internet or a mobile telephone network, then:
16.2.1 if you have not commenced the Game or commenced Wagering when you are disconnected, there will be no effect on your account;
16.2.2 if you had commenced the Game or commenced Wagering when you were disconnected and no input is required from you to complete the Game or Wager, the Game will be recorded on the Game servers and your Wagers will stand and the outcome will be reflected in your Member account status. The Wager may be accepted while you are disconnected, in which case you may in certain circumstances be able to view the round of Wagering completed prior to or during the period of disconnection. Alternatively, the Wager outcome may not have been determined while you were disconnected, in which case, upon your reconnection to the Internet and the Platform, you may in certain circumstances still be able to resume the Wagering, although the state of the Wager may not be at the same state prior to the disconnection. We do not guarantee that the Platform will recall your exact status prior to disconnecting; or
16.2.3 if you had commenced the Game or commenced Wagering when you were disconnected but your input is required to complete the Game or Wager, the Game or Wager will not be recorded on our servers and your Wagers may not stand. Upon your reconnection to the Internet and the Platform, you will be able to continue using the Platform and provide the input necessary to Wager, although the Game may not be at the same state prior to the disconnection.
16.3 Some single player Games are multi‑stage and may include bonus Games. If you are disconnected from the Internet or a mobile telephone network during a bonus Game or a multi‑stage Game, reconnecting and re‑selecting the Game (at the same value where applicable) should cause the Game to recommence from the point at which it terminated. Non multi‑stage Games will complete the outcome of the Game or bonus Game in your absence and will credit your Member account if you win. If a bonus Game cannot for any reason be recommenced in this way, this is considered a Malfunction unless otherwise stated in the specific Game rules. If there is a disconnection, the records stored on the Game server shall be the final authority in determining the terms of any Wagers you place and the circumstances in which they were made. Malfunction voids all Wagers and play.
16.4 In the case where the Location Service has, at the outset of playing a Game or making a Wager verified the Member’s physical presence in Ontario but, at a later point in the gaming session, fails to successfully verify the Member’s continued physical presence in such jurisdiction, the Platform and the Service Parties’ records will be determinative as to the continuation of the Game and acceptance of the Wager at the time of the subsequent failed location verification.
16.5 From time to time, technical malfunctions or human errors may occur which affect a Product, the Platform, and/or a Group Platform (“Malfunctions”). In some cases, Malfunctions may not be apparent or detectable by you and/or us until our verification checks have been completed. Malfunctions include but are not limited to:
16.5.1 malfunctions and/or errors (whether technical or human) relating to the underlying mechanics and maths of Games or in making a Wager, including where a Game operates other than in accordance with its published ‘return to player’ percentage (being the rate at which winnings are paid out as published in the relevant game rules) or published game rules;
16.5.2 errors in the published odds, statistics or other information about an Event (notwithstanding that some information may be slightly time delayed);
16.5.3 an obvious error or glitch in our accepting a Wager (such as where the Event being Wagered on has already concluded);
16.5.4 a Product not working in accordance with its published rules, an error in the hardware or software used by us resulting in an error in the functioning of a Product, or a Product producing unintended results as a result of any direct or indirect error, glitch or system failure in the functioning of the Product (such as Payout limits being exceeded in a given day); or
16.5.5 errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you but which are not due to you).
16.6 Any Wagers which are subject to a Malfunction will be deemed null and void and under no circumstances will we be liable to you for any amounts (including any Winnings or potential winnings) arising out of or connected to such Malfunction.
16.7 Where a Malfunction interrupts a Game or Wager to the point that it cannot be restarted from exactly the same position without any detrimental impact to you or any other Member, we will, acting in good faith, use reasonable efforts to minimize any loss you have incurred. Notwithstanding the foregoing, in no case will we be liable for indirect, incidental or consequential damages.
16.8 Where there is a Malfunction resulting in an error in the transmission of odds or prices, Wagers will be Settled at the correct price at the time of acceptance as determined by us. If we accept a Wager on an Event where offering Wagering on the Event itself was in error or otherwise not permitted, we may void the Wager, reverse any winnings credited to your account that are related to such voided Wager and return to you the amount you initially Wagered.
16.9 If there is a dispute as to whether a pricing Malfunction has occurred, the odds available in the general market in respect of such Event at the time of the pricing Malfunction will be taken into account to determine the correct odds.
16.10 Any winnings paid to you as a result of a Malfunction will be deemed to be held by you on behalf of us whilst we investigate such Malfunction, and will be repayable to us by you should such investigation prove that the winnings arose as a result of a Malfunction. Where an amount is repayable to us, we may deduct such amount from any monies you have in your account. You should inform us of any Malfunction as soon as possible and you should not seek to exploit a Malfunction to generate winnings.
16.11 To the extent that you have already used any winnings awarded to you as a result of a Malfunction to place subsequent Wagers, we reserve the right to cancel such Wagers and/or withhold any subsequent winnings which you may have won. If we have paid out on any such Wagers, such winnings will be deemed to be held by you on behalf of us and will be repayable immediately by you to us. Where an amount is repayable to us, we may deduct such amount from any monies you have in your account.
16.12 If based on reasonable evidence we believe that any winnings and/or rewards have been attributed to you erroneously, we may temporarily suspend the payment of such winnings and/or rewards to you whilst we investigate the Malfunction. If we find that such winnings and/or rewards are not erroneous winnings, we will process the payment/credit of the applicable winnings and/or rewards.
16.13 You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, (a) the Service Parties’ records will make the final determination with respect to any Wagering activity, including whether a Wager was placed and the details of the pricing, odds and game play; and (b) we will not be held liable for the failure of any equipment, technology or services, wherever physically located or provided, which prevents the placement or acceptance of Wagers or contact with us.
16.14 You acknowledge and agree that, to the extent there is a conflict between any Service Parties’ content as part of a Game such as but not limited to in the Game ‘How to Play Rules’ (and/or on the Platform) and these Terms and Conditions, these Terms and Conditions will prevail.
17. MEMBER CONDUCT
17.1 You agree to act in good faith at all times in terms of your use of the Platform and the services, and your interactions with us and other Members and Network Users.
17.2 You agree not to use the Platform:
17.2.1 in breach of these Terms or the Additional Terms;
17.2.2 in violation of any Applicable Laws;
17.2.3 from a territory in which the use of this Platform is illegal;
17.2.4 for any unlawful purpose or in any way that is illegal in Ontario or Canada (for example by using or attempting to use the Platform to launder the proceeds of crime);
17.2.5 to make any statements or submitting any material that is abusive, defamatory or discriminatory;
17.2.6 in a way that infringes the rights of any third party (including any personal rights and any Intellectual Property Rights);
17.2.7 in an unfair manner, to deliberately cheat in Games or making Wagers, to collude with other Members or Network Users, to exploit loopholes in Products or promotions or otherwise manipulate the Platform, or take unfair advantage of us or our Members, or Network Users, such as by creating multiple Member accounts for the purposes of obtaining multiple entries into any Games, while making Wagers, promotions, or reward schemes;
17.2.8 to use or upload to the Platform or our systems any form of malware including viruses, worms, Trojan horses and spyware, or any other code that may be deemed malicious;
17.2.9 to use any “bots” or other form of automated software to place Wagers or entries into offers, promotions or competitions on your behalf
17.2.10 to sell or attempt to sell or otherwise transfer any deposits, Payouts, winnings, Bonuses, or any other payments or related items to any other individual or entity. If we find evidence of such a sale or attempted sale, we may terminate your account and we will be under no obligation to refund you any or all of the funds (including any deposited funds and/or winnings) or provide you with access to any Bonuses that may be in your account, with such Bonuses being forfeited where permitted by Applicable Laws;
17.2.11 in any way other than for your personal use;
17.2.12 in a way that impersonates any other person;
17.2.13 for any unlawful purpose;
17.2.14 for any commercial purpose;
17.2.15 in a way that impairs, interrupts or damages the Platform or its efficiency;
17.2.16 to advertise or promote your own or any third party’s products or services; and
17.2.17 to distribute any unsolicited communications, including spam.
17.3 You represent, warrant, covenant and agree that the following representations are true:
17.3.1 you are of the Minimum Age, of sound mind and capable of taking responsibility for your own actions, and physically located within the Province of Ontario whenever attempting to engage in Wagering;
17.3.2 you are fully aware that there is a risk of losing money when engaging in gaming activities, including by use of the services, and that you are fully responsible for any such loss;
17.3.3 you have sufficient available funds prior to conducting any Wagering activities. We do not extend credit to any Member for any reason; and
17.3.4 all information provided by you to us either during the registration process or at any time thereafter, including as part of any payment deposits, withdrawals or any other financial transaction or investigation, is true, current, correct, complete and matches the full name(s) on the debit card(s) or other payment accounts used to deposit or receive funds in your account.
17.4 We may from time to time make available live stream videos of Events on the Platform. All rights in the live stream videos of Events available via the Platform area the property of the Bally’s Corporation. You may only use the live stream video feature via the Platform: (a) solely in connection with the use of the Platform; (b) only for your personal use; (c) only when you are located in Ontario; and (d) in compliance with all Applicable Laws. You agree not to copy, reproduce, distribute, re-broadcast or transmit any live video streams of Events available via the Platform. Any unauthorized or unlawful access of any live stream video is prohibited.
17.5 In addition to any other remedy available to us, if you breach any of these Terms or any Additional Terms or we have reasonable grounds for suspecting that you have breached these Terms or any Additional Terms, we may in our sole discretion at any time on account of damages or other amounts owed by you to us pending investigation and/or on the conclusion of any investigation or legal proceedings: (a) restrict or prevent your use of the Platform; (b) suspend or close your account; (c) void any Wagers, Bonuses and winnings; (d) retain any positive balance existing in your account. We may also take action to defend our rights or the rights of any other person under these Terms.
You agree to assist us, to the extent you are able, with our compliance with all Applicable Laws and you agree to comply with all Product-‑specific rules and any other rules and policies relating to the Platform that we may publish on the Platform from time to time.
18. CHAT FACILITY
18.1 We may provide you with a chat facility to enable you to communicate with us, other Members, Network Users and our chat hosts on the Platform. We may review and keep a record of all such content on such chat facility.
18.2 Chat Content Standards: As a condition of your use of the chat facility, you agree to comply with the Chat Rules (as they are updated from time to time) (which can be found here ) and the following terms:
18.2.1 you must not make any statements or submit any material that is sexually explicit or offensive, including messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
18.2.2 you must not make statements or submit any material that is abusive, knowingly untrue, defamatory or harassing or insulting to us or other Members or Network Users;
18.2.3 you must not distribute viruses or any other technology that may harm the Platform or otherwise disrupt our systems or the systems of other Members or Network Users;
18.2.4 you must not make statements or submit any material that advertises, promotes, references, compares or otherwise relates to any other commercial entities or third party services, discusses illegal activities, or post personal details;
18.2.5 you must not make statements or submit any material about us, the Bally’s Corporation, our Service Parties, affiliates or third party licensors or the Platform or any other website or service connected to us that is untrue and/or malicious and/or damaging to us and/or the foregoing parties and/or their respective third party licensors, service providers or affiliates;
18.2.6 you must not hold us responsible for the publication of Member content in the chat facility or on the Platform; and
18.2.7 you must not submit any content that you do not have the right to post.
18.3 In the event of you breach any of the terms set out in Section 18.2, we will have the right to remove your access to the relevant chat communication tools, report your activity to your Internet Service Provider (‘ISP’) or the relevant authorities and/or suspend your account temporarily or permanently.
18.4 Monitoring Levels: We may review and keep records of Member content that you post on the Platform, including on the chat facility and take necessary action retrospectively. If we consider that any such content is unsuitable, we may mute or suspend your ability to use the chat facility or close your account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
18.5 Open Forum: You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Platform. You also acknowledge and accept that the chat facility is in use across group Platforms operated by Bally’s Corporation. Your communications may therefore be viewed and used by members of those group Platforms. If any communications or content posted on the chat facility makes you feel threatened or abused, or you believe that such communications or content is offensive or otherwise breaches these Terms and Conditions or the Chat Rules, please contact our Customer Support Team here.
18.6 Member Content: You grant us the right (with the right to sub‑license such right) to edit, distribute and exploit the content that you submit via chat facility, in all media (for example, but not limited to, print, television and internet), which media may be available outside the Province of Ontario. We shall not use any content that you submit for promotional purposes.
19. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
19.1 General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Platform. The trademarks, service marks and logos used and displayed on the Platform are the registered and unregistered trademarks of us or the Bally’s Corporation. Other parties’ trademarks and service marks that may be referred to on the Platform are the property of their respective owners. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our, or the Bally Corporation’s, trademarks, service marks or copyrights, nor those of any of our Affiliates, without our prior, written permission. You will not use or register the trademarks or any confusingly similar marks. We aggressively enforce our Intellectual Property Rights. Neither our name, our subsidiaries or affiliates, nor any of our other trademarks, service marks or copyrighted materials, whether owned by us or licensed from others as aforesaid, may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Platform or otherwise, without our prior written permission, except that a third party website that desires to link to the Platform and that complies with the requirements of Section 19.2 may use the name “Bally Bet” or “Bally Casino” in or as part of that link.
19.2 Software License for Use of the Platform: The Platform may include software which may be downloaded and installed on your computer, mobile and/or any other device. We hereby grant to you a personal, limited, revocable, non‑exclusive, non-‑sublicensable, non-‑transferable license for the use of software in connection with the services exclusively on the Platform on computer, mobile and/or any other device owned or operated by you, solely for the purpose of Wagering and managing your account on the Platform in accordance with these Terms. You may view, copy or print pages from the Platform solely for personal, non-‑commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Platform without our express, prior, written consent.
19.3 No Assignment: Other than the license set out in Section 19.2, you neither have nor obtain any right, title or interest in the Platform (including any Platform content) or any rights therein (including Intellectual Property Rights) of us or our licensors. All right, title and interest (including goodwill) arising from your use of the Platform will vest in us or our licensors (as applicable).
19.4 You agree not to in any way alter, erase or remove any trademark notices, copyright notices, logos or other legal or proprietary designations contained on or within the Platform.
19.5 Save as expressly permitted in these Terms, you agree not to: (a) modify any of the content of the Platform; (b) copy, duplicate, reproduce, modify, distribute, redistribute, sell, resell, exploit, publish, display, transmit, reverse engineer, decompile, disassemble, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning or other inner workings of the Platform or any content or information or work contained in or on the Platform, or your use of and/or access to the Platform; (c) assign, sublicense, transfer, distribute, lease or grant a security interest in the Platform or any content, information or work contained in or on the Platform; (d) make the Platform available to any third party through a computer network or otherwise; (e) export the Platform to any country (whether by physical or electronic means); (f) use the Platform in a manner prohibited by Applicable Laws or these Terms; (g) assert or imply that title or ownership rights in the Platform belongs to you; (h) remove, circumvent, disable, damage or otherwise interfere in any way with any security-‑related feature of the Platform; or (i) attempt to do any of the foregoing (collectively, the “Prohibited Activities”).
19.6 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You will notify us immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and will provide us with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
19.7 We may in our sole discretion immediately remove or disable any content or suspend or terminate the account of any Member that is found to have infringed the rights of or of a third party (including the Intellectual Property Rights), or that has otherwise violated any intellectual property laws or regulations or this Section 19. We may, in appropriate circumstances, terminate the Member accounts of repeat infringers or in the event of any single material infringement at any time.
20. SUBMISSIONS:
20.1 If you:
(a) send, transmit, post on the Platform, mail, email or otherwise convey to us, whether at our request or not, any non-‑personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including postings in chat rooms or on bulletin boards, competition entries, photographs, footage, audio recordings and quotes (including any taken from telephone conversations or email correspondence); and/or
(b) agree to be filmed, photographed and/or recorded for the purposes of producing audio, visual and audio visual material for inclusion in marketing and publicity material,
(collectively, the “Submissions”),
subject to our Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-‑free, perpetual, irrevocable, non‑exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to us and our successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights, including Intellectual Property Rights, (collectively, “Rights”) that may exist in such Submissions. You also warrant to us that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set out above. You further acknowledge that we and our successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, including if you close your account.
20.2 We operate official pages on Facebook, Twitter and other social media websites in relation to the Bally Bet and Bally Casino brands and other brands of (or licensed by) the Bally’s Corporation (collectively, the “Social Media Pages”). You accept that the Social Media Pages may feature Submissions made by or featuring you. You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages.
21. THIRD PARTY CONTENT
21.1 We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Platform by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
21.2 If a third party links to the Platform, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Platform. A third party website that links to the Platform: (a) may link to, but not replicate, our content (including the Platform Content); (b) may not create a browser, border environment or frame our content (including the Platform Content); (c) may not imply that we are endorsing it or its products or services; (d) may not misrepresent its relationship with us; (e) may not present false or misleading information about our products or services; (f) should not include content that could be construed as distasteful, offensive or controversial; and (g) should contain only content that is appropriate for all age groups.
22. DISCLAIMERS; INDEMNIFICATION; LIMITATION OF LIABILITY
22.1 CONVENIENCE AND INFORMATION ONLY: The Platform (including Scores Data) is provided to you as a convenience and for your entertainment and information only. By merely providing access to the Platform, we do not warrant or represent that: (a) the Platform content: (i) is accurate or complete; (ii) is up-‑to-‑date or current (nor do we have any obligation to keep any such Platform content up to date); (iii) is free from technical inaccuracies or typographical errors; or (iv) is free from changes caused by a third party; and/or (b) your access to the Platform will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained in response to questions asked through the Platform is accurate or complete.
22.2 Available Markets: We do not guarantee the availability of any Event at any specific time, irrespective of whether the market was offered by us for Wagering in the past.
22.3 Platform Display. Information displayed on the Platform (including Scores Data and other Platform Content) for the purposes of Wagering is for illustration purposes only. We do not accept responsibility for Wagers that are placed on the basis of all such display information save for the case of our serious error or negligence. This information may be provided by third party service providers in good faith, and may not be up to date (such as live video coverage delays) or may be affected by a Malfunction. Scores Data and other Platform Content displayed on the Platform does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or content by you or any Member, or by anyone who may be informed of any of its contents. Any odds placed adjacent to Scores Data does not amount to the relevant odds being attributable to the relevant Scores Data as they may be a delay in Scores Data being updated due to a Malfunction or due to the publication of incorrect Scores Data. Wagers must only be placed in reliance on odds independently of Scores Data, and Wagers will be Settled based on odds independently of Scores Data in accordance with these Terms.
22.4 You acknowledge that if you gamble there is a risk that you may lose money.
22.5 We do not endorse, warrant or guarantee any third party product or services shown on the Platform and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
22.6 NO WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM, SOFTWARE, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED AND INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE PLATFORM ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCT OFFERED IN CONNECTION WITH THE PLATFORM ARE OR WILL REMAIN UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE PLATFORM OR THE SERVERS USED IN CONNECTION WITH THE PLATFORM ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PLATFORM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. ACCESS TO THE PLATFORM MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MALFUNCTION, MAINTENANCE OR REPAIR OR FOR AN EVENT BEYOND CONTROL (INCLUDING OUTAGES OR SOFTWARE ERRORS THAT RESULT FROM ACTIONS TAKEN BY SOCIAL MEDIA WEBSITES). WE SHALL NOT BE REQUIRED TO PROVIDE ANY BACK UP OR FAIL OVER INFRASTRUCTURE, NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE SERVICE PARTIES OR OBTAINED THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
22.7 INDEMNIFICATION: You agree to defend, indemnify and hold harmless the Service Parties and their directors, officers, employees and agents together with our Affiliates from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, costs (including without limitation reasonable attorneys’ fees) and any other charges whatsoever, howsoever caused, assessed or incurred by us or them, directly or indirectly, with respect to or arising out of: (a) your failure to comply with these Terms; (b) your breach of your obligations under these Terms; and/or (c) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (d) any use by any person accessing the Platform and the services using your username, password or any other personal information, whether or not with your authorization; (e) any violation by you of any Applicable Laws; (f) any infringement by you of the rights of any third party (including any personal rights and any Intellectual Property Rights); (g) any acceptance of any winnings you are not otherwise legally authorized to receive, whether by the error or omission of the Service Parties or any of its third party service providers.
22.8 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PLATFORM AND ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM WILL BE NO GREATER THAN CAD$1,000. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM AND/OR ANY SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THE PLATFORM. 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 YOU.
22.9 YOU MUST BE LOCATED IN THE PROVINCE OF ONTARIO TO PLACE WAGERS ON THE PLATFORM. IN SO DOING, YOU (a) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (b) IRREVOCABLY WAIVE 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 YOUR USE OF THE SERVICE; AND (c) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES, AND THEIR 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 PLATFORM, PLATFORM CONTENT, ANY SERVICE OR ANY PRODUCTS; AND (d) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES 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 THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
22.10 YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR CLAIMS WHICH MAY BE CAUSED BY ANY: (a) FAILURE OF ANY TELECOMMUNICATIONS OR OTHER DATA TRANSMISSION SYSTEM THAT RESULTS IN: (i) THE FAILURE OF, OR DAMAGE OR DESTRUCTION TO, THE SERVICE PARTIES’ CENTRAL COMPUTER SYSTEM, SERVERS OR RECORDS, OR ANY PART THEREOF; OR (ii) DELAYS, LOSSES, ERRORS OR OMISSIONS (INCLUDING WITHOUT LIMITATION ANY DELAY RESULTIN IN NON‑RECEIPT OF ANY ENTRY FOR A PARTICULAR DRAW); (b) ANY EVENT BEYOND CONTROL; OR (c) ANY THIRD PARTY INTERCEPTION OR MISUSE OF MEMBERS’ PAYMENT DETAILS.
22.11 We reserve the right in our sole discretion, to suspend, modify, remove, withdraw, discontinue, terminate or add to Platform, products and/or the services or any part of these, subject to any Applicable Laws or direction from the Regulators, at any time with immediate effect and without the need for notice. We will not be liable for any loss suffered by you, including any indirect, consequential, incidental or special damages, resulting from any changes made to Platform, products and/or services, and you will have no claims against us in such regard.
23. COMPLAINTS
23.1 If you have a complaint, please follow our Complaints and Disputes Resolution Procedure as set out here.
23.2 We may provide a copy of your complaint if it relates to your account, Wager outcomes and/or illegal activity and our response to you, including any relevant documentation, to the Regulators.
24. MISCELLANEOUS
24.1 Local Laws: We make no representation that content or materials on the Platform are appropriate or available for use in jurisdictions outside the Province of Ontario. The availability of our services does not constitute an offer, solicitation or invitation by us for the use of our services outside of the Province of Ontario. If you choose to access the Platform from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Neither we nor the Bally’s Corporation shall be responsible for any such violation of Applicable Laws.
24.2 For service quality assurance, we may record and collect contact made by you to our Customer Support team in compliance with Applicable Laws and in accordance with the permissions granted by you, subject to us providing any disclosures to you as required by Applicable Laws.
24.3 To the extent they do not conflict with the terms of these Terms, you agree to the terms and conditions of any other third party service provider that provides third party services through the Platform or the related services.
24.4 Events Beyond Our Reasonable Control: If we are prevented from providing all or part of the Platform (including any service or Product) or fulfilling any of our obligations under these Terms due to an Event Beyond Control, the Platform (including any service Product) may be suspended until such time as we are able to provide access to the Platform (or any affected part thereof) or fulfill any obligations under these Terms. You agree to waive any claim against us which may arise in such circumstances.
24.5 If we cannot offer the services due to an Event Beyond Control, the Platform may be offered by another group company of the Bally’s Corporation.
24.6 For service quality assurance, we may record and collect contact made by you to our Customer Support team in compliance with Applicable Laws and in accordance with the permissions granted by you, subject to us providing any disclosures to you as required by Applicable Laws.
24.7 We will not tolerate any abusive behavior exhibited by Members to Bally’s Corporation or our employees or our Affiliates. In the event that we in our sole discretion deem that your behavior, whether via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees or our Affiliates, we may suspend or terminate your account.
24.8 To the extent they do not conflict with the terms of these Terms, you agree to the terms and conditions of any other third party service provider that provides third party services through the Platform.
24.9 Nothing in these Terms will be construed so as to grant you any security interest whatsoever over the assets of Bally’s Corporation, including on any amounts standing to the credit of your account.
24.10 Separate Effect: If any part of these Terms is disallowed or found to be ineffective or unenforceable in any respect, then the other provisions of these Terms will continue to apply.
24.11 No Waiver of Rights: If you breach any of these Terms and we do not take any action against you, we are still entitled to use our rights and remedies in any other situation where you breach these Terms.
24.12 Third Parties: These Terms form an agreement between you and us and are not intended to give any rights to any third party unless otherwise stated. This does not affect our right to transfer our rights under Section 24.7. For the avoidance of doubt, each company of the Bally’s Corporation is an intended third party beneficiary of these Terms.
24.13 Transfer of Rights: We may wish to transfer, assign, sub‑license or pledge our rights or obligations under these Terms in whole or in part to any of our parent, subsidiary and/or affiliate entities, or to any other legal entity, including: (a) any of the Service Parties; or (b) if we restructure our business or if there is a sale of our business. You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms, your rights in connection with these Terms will be against the new legal entity. These Terms are personal to you and you may not transfer, assign, sub‑license or pledge in any manner any of your rights or obligations under these Terms to anyone else.
24.14 Governing Law and Jurisdiction: The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and subject to the exclusive jurisdiction of the courts of Ontario.