Please read these website terms and conditions ("Terms") carefully before using this Website (as defined below) and registering as a Patron. If you have any questions relating to this Website or the Terms, please check our FAQs, send an email to email@example.com or contact our Customer Support team on live chat.
1.1. The website at www.virgincasino.com is made available by Gamesys US LLC (together with any other company within a group of parent, affiliate and subsidiary companies of which Gamesys US LLC is a part, being collectively referred to herein as "Gamesys", "us", "we" or "our"), which is a New Jersey limited liability company. Our principal place of business is at 9th floor, Harborside Financial Center - Plaza 3, Jersey City, New Jersey.
The Website is currently operated under and pursuant to the Internet Gaming Permit (as defined below) issued to Tropicana Atlantic City Corp ("Tropicana") by the New Jersey Division of Gaming Enforcement pursuant to and in accordance with the Act (as defined below), N.J.S.A. 5:12-95.21. Tropicana is authorized to conduct Internet Gaming in the State of New Jersey pursuant to the Act, N.J.S.A. 5:12-95.21 under a license issued to Tropicana Entertainment, Inc (NJIP#13 005). As required under the Act, the Website is currently operated from computer servers hosted and maintained by Tropicana or its service provider. In the future, under certain circumstances, we may operate the Website under and pursuant to a Permit issued to a party other than (and unrelated to) Tropicana (a "Third Party Permit-holder"), in which case the Website may be operated on computer servers hosted and maintained by a Third Party Permit-holder or its service provider. These Terms shall apply to our operation of the Website regardless of what party or parties may (a) hold the applicable Permit, or (b) host or maintain the servers from which the Website is operated.
The "Virgin" name and certain related names, domain names and marks reflected on the Website are owned by Virgin Enterprises Limited, London, Geneva Branch ("VEL"), and are used by Gamesys in connection with the Website pursuant to a certain Trademark License Agreement between Gamesys and VEL.
1.2. In these Terms, we will refer to you as "you", "your" and "Patron".
1.3. These Terms form a legally binding agreement between you and us.
1.4. These Terms apply when you use the Website.
1.5. We may change these Terms at any time. If we do change them, we will post the revised Terms on this page for your acknowledgement and acceptance. You will be required to acknowledge and accept the revised Terms in order to continue to use our Website. Any changes will apply immediately (unless otherwise stated). We recommend that you revisit and read these Terms regularly, as they govern your use of the Website.
1.6. Your continued use of the Website constitutes ongoing acceptance of these Terms as they are updated from time to time. You can obtain a copy of these Terms on request from Customer Support by email at firstname.lastname@example.org or on live chat.
2. DEFINITIONS USED IN THESE TERMS
In these Terms, where we use capitalized words they will have the meanings set out below:
|Act||means the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq., and the regulations promulgated thereunder by the New Jersey Casino Control Commission and the New Jersey Division of Gaming Enforcement.|
|Bonus Money/Bonus Dollars||means a constrained currency as defined in the Bonus Rules (as they are updated from time to time) that is released into a Patron account as a Patron meets wagering requirements in accordance with the Bonus Rules and any applicable bonus or promotional specific rules.|
|Cash||means unconstrained real money that a Patron may use to Wager or withdraw from their Patron account at any time.|
|Dormant Account||an Internet gaming account on the Website which has had no Patron initiated activity for a period of one year.|
|Free Play/Free Slot Play/Slot Dollars||has the same meaning as Bonus Money (see above).|
|Game||means any Internet Gaming games or betting products played for Cash or constrained currency (such as Bonus Money) via the Website at any time.|
|Intellectual Property Rights||means all intellectual property rights, including, but not limited to: copyright, patents, trademarks, design rights, moral rights, domain names, and confidential information and any similar rights (whether registered or unregistered).|
|Internet Gaming||means the placing of wagers through a server-based gaming system with a casino licensee at a casino located in Atlantic City using a computer network for both Federal and non-Federal interoperable packet switched data networks through which an Internet Gaming Permit holder may offer authorized Internet games to a Patron who has established a Patron account with such Internet Gaming Permit holder.|
|Internet Gaming Permit||means a valid operation certificate provided to a casino licensee that has been approved by the New Jersey Division of Gaming Enforcement to conduct Internet Gaming.|
|Malfunction||means a malfunction or an error in the functioning of a Game or the Website, such as, but not limited to, an error in the published odds or pay tables, or a Game not working in accordance with its published rules.|
|Minimum Age||means 21 years old or over.|
|Patron||means an individual who is 21 years or older and is a user of the Website who successfully registers and holds a Patron account on the Website.|
|Progressive Jackpot||means a jackpot for a Game where the payout total is incrementally increased every time such Game is played for Cash.|
|Regulators||means the New Jersey Casino Control Commission and the New Jersey Division of Gaming Enforcement, who is appointed under the provisions of the Act. The Act grants the Regulators powers to ensure that the Internet Gaming Permit holders conduct their operations in accordance with the Act.|
|V*Points||means loyalty points, which are awarded in accordance with the V*Points Rules (as they are updated from time to time) (please see here) and/or which may be given by us to you from time to time in our discretion.|
|Wager||means when a Patron uses Cash and/or constrained currency (such as Bonus Money) to place a bet on or otherwise enter a Game (including, but not limited to, pre-purchased tickets).|
|Website||means the website operated and controlled by or on behalf of us and located at the principle URL link: www.virgincasino.com, and any mobile or device specific version and any related applications of the website.|
|Website Content||means any content provided by us on or via the Website, including, but not limited to, materials, documents, images, graphics, logos, design, audio, video and any other information.|
3. OPERATING AND REGULATORY INFORMATION
3.1. We are subject to licensure by the New Jersey Division of Gaming Enforcement and regulated by the Regulators under the provisions of the Act. These Terms are at all times subject to the authority of the Regulators under the provisions of the Act. The New Jersey Division of Gaming Enforcement has granted Tropicana Atlantic City Corp an Internet Gaming Permit (NJIP# 13-005) and assigned Gamesys Limited the Vendor Identification No. 86535 and Log No. 373-50 and Gamesys US LLC the Vendor Identification No 86536 and Log No. 374-50.
4. OPENING YOUR ACCOUNT
4.1. Patron Requirements: To register as a Patron, play Games for Cash, use the Game console chat functionality and/or use any of the other products and services we may make available to Patrons from time to time, you must:
4.1.1. be the Minimum Age. We may ask for additional information to confirm your age at any time;
4.1.2. register in your own name, for your sole benefit and not register or play on behalf of anyone else;
4.1.3. have 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;
4.1.4. fully and accurately complete the required information on the registration form
4.1.5. comply with these Terms at all times in relation to your use of the Website;
4.1.6. not be excluded by law from using the Website or websites that offer the same or similar services to the Website, including, but not limited to, being: (a) listed at any time on the Regulators’ "Exclusion List" (pursuant to the Act, N.J.S.A. 5:12-71 et seq.); (b) self-excluded (pursuant to the Act, N.J.S.A. 5:12-12-71.2); or (c) any other person specifically excluded under the Act, including, but not limited to, any casino key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey (pursuant to the Act, N.J.S.A. 5:12-7 and 5:12-9 (respectively)); and
4.1.7. be physically present in the State of New Jersey to Wager. We may ask for additional information to confirm your location at any time.
4.2. You may only have one active Patron account at any one time.
4.3. Failure to meet the Patron Requirements: If we become aware that you do not satisfy any of the requirements set out in section 4.1 above or in violation of 4.2 above, we may invalidate and close your Patron account.
4.4. Minimum Age: It is a criminal offense to Wager or allow another person who is under the Minimum Age to participate in wagering via the Internet or mobile, including, but not limited to, participate in services provided on websites that are the same as or similar to the Website. If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in wagering, your Patron account will be suspended, your deposits will be refunded and any winnings will be null and void or may be paid to the Regulators. No claim may be made against us in these circumstances.
4.5.2. By registering a Patron account, you consent to the monitoring and recording by us (or our service providers) and/or by the Regulators of any wagering communications and geographic location information for the purpose of determining compliance with the Act.
4.5.3. We may 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 by entering a pin code on the Website that we provide to you by SMS (text message). Please see our FAQs for further details.
4.6. Age and Identity Verification Policy:
4.6.1. When considering your Patron registration application and certain deposit and withdrawal transactions, we may use an independent credit reporting agency to verify your age, name, address and social security number or any other information that you provide to us. In performing these checks, the credit reporting 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 may affect your credit report. These checks enable Patron 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. You will not be able to play any Games for Cash until your age, identity and location have been verified. You hereby consent to our making of such an inquiry of any credit reporting agency for this purpose.
4.6.2. 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); (b) proof of your address (with a current utility bill or a bank or card statement); and (c) proof of your identity (with a government issued identity document, such as a drivers license, passport number, a current utility bill or bank or card statement). We may suspend your Patron account until you have satisfactorily completed these checks. We will communicate all requests to you via the My Account - Confirm My Details section and also by email.
4.7. Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Patron, you will be issued a personal Patron account and sent confirmation of your registration by email. You cannot use the full functionality of your Patron account, including, but not limited to, 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 Website.
4.8. Declined Applications: We may decline acceptance of a Patron account application at any time and for any reason.
4.9. Transfer of Accounts and Funds Between Accounts: Your Patron account is unique to you. You must not sell, transfer or acquire Patron accounts to or from other Patrons or attempt to do so. No funds (including, but not limited to, any winnings), bonuses or V*Points may be transferred between Patron accounts.
4.10. Anti-Money Laundering Policy:
4.10.1 In addition to the location, age and identity verification policies described in Sections 4.4, 4.5 and 4.6 above, and as part of our compliance with applicable anti-money laundering laws and regulations, we may at any time (including, but not limited to, certain stages of your Patron 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.
4.10.2 It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your Patron account.
4.10.3 We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the Regulators, and we may report such activity to the police or relevant authorities.
5. ACCOUNT PAYMENTS AND WITHDRAWALS
5.1. Registered Name: You can only use payment methods registered in your own name to make deposits and request withdrawals.
5.2. Deposit Methods: We do not charge you to deposit to or withdraw from your Patron account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
5.3. 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 our FAQs. We may limit any Patron’s deposits on any single day.
5.4. Online Wagering only: You may only place Wagers for the Games through this Website. Attempts to place Wagers through any other medium, including, but not limited to, telephone, fax or mail, will not be accepted. The minimum Wagering requirement for each Game may vary and will be specified in each Game.
5.5. Illegal Wagering is Void: We may, in our sole discretion, declare any Wager as void if a Patron is identified as playing illegally, in which event no winnings will be paid.
5.6. Interest on Patron Account Funds: We are not a financial institution. Interest will not be payable on monies held in Patron accounts as these are merely advance payments for intended wagering.
5.7. Payment Transactions and Fraudulent and Suspicious Transactions: You must not 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, but not limited to, use of stolen credit cards) or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment), we may suspend or close a Patron's account, reverse any withdrawal made and recover any winnings.
5.8. Payment Withholdings: We may, in our sole discretion, cease to provide the Games or withhold payment to certain Patrons or to Patrons paying with certain credit cards or third party payment methods.
5.9. 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 our FAQs. We may limit any Patron’s withdrawals on any single day.
5.10. Confirmation of Withdrawal Requests: Unless otherwise prohibited pursuant to the Terms herein, 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. If you submit a request to make a withdrawal via a cashier cage located at Tropicana Casino, 2831 Boardwalk, Atlantic City, New Jersey, 08401-6338, please follow the on-screen instructions following submission of your request. Only Cash may be withdrawn from your Patron account. Bonus Money is not available for withdrawal.
5.11. Withdrawal Authorization and Payment: We try to authorize your withdrawal request within twenty four (24) hours of our receipt of your request. For security reasons, Patrons making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained (see Sections 4.4, 4.5, 4.6 and 4.10). We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information. Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received.
5.12. 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.
5.14. 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 shall be invalidated, forfeited and/or deducted from your Patron 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, unless you dispute the validity of the debt, or any portion thereof, in writing within thirty (30) days after your receipt of notice, the debt will be assumed to be valid, due and payable immediately. If you notify Tropicana in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will provide you with verification of the debt. You expressly acknowledge and agree that, in the event of non-payment of such debt, we may proceed to enforce our rights, which may include, but not necessarily be limited to, legal action and attendant cost and counsel 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 such 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 collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency. In accordance with Section 7, we reserve the right to suspend or close the account(s) associated with the uncollected or reversed deposit.
6. MANAGING YOUR ACCOUNT AND SECURITY
6.1. Up to date details:
6.1.1. It is your responsibility to ensure that your personal details are kept up to date. If necessary in connection with the management and operation of your Patron account, we may contact you by email, telephone, SMS (text message) or letter via the contact details you provide to us.
6.1.2. In creating and using your Patron account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your Patron account and refuse any and all current or future use of your Patron account.
6.2. Keeping Password and Patron Details Secure:
6.2.1. Your Patron account username, password and personal question details are for your personal use and should be kept private and confidential at all times. You should change your password on a regular basis. You may update your personal details, including, but not limited to, your password and security answers, via the My Account section on the Website. Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your Patron account are made by you.
6.2.2. We use reasonable precautions to protect the privacy of your username, password and Patron account information, and all credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card, username, password and Patron account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
6.2.3. If your Patron account is inactive for 15 minutes, you will be required to re-enter your username and password before you can play a Game. Notwithstanding this functionality, you are responsible for adjusting the auto-lock settings on your personal computer and/or device from which you access the Website in order to prevent unauthorized use of your Patron account.
6.2.4. You are ultimately responsible for protecting your username, password and Patron account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) never allow anyone to have access to your Patron account; (ii) immediately notify us if you become aware or suspect any unauthorized use of your username, password or Patron account, or any other breach of security; and (iii) ensure that you log out of your Patron account at the end of each session. You are always responsible for use of your Patron account by yourself and others, including those persons that gained unauthorized access to your Patron account through your acts and omissions.
6.3. Responsible Account Management: We take no responsibility for any third party access to your Patron account where your negligence or deliberate act has contributed to such third party access and under no circumstances shall 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 Patron account (unless this is due to our negligence) where your negligence or deliberate act has contributed to such misuse or third party access. 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 where your negligence or deliberate act has resulted in such party obtaining your username and password. You must monitor your Patron account to prevent its use by another person.
7. CLOSING ACCOUNTS
7.1. Account Closure: We may temporarily suspend or permanently close your Patron account at any time without providing any reason.
7.2. How to Close your Account: You can close your Patron account and request payment of outstanding funds at any time. You may instruct us to close your account at any time by contacting our Customer Support team by email at email@example.com or on live chat with the username or registered email details of your Patron account. Such closure will occur within seven (7) calendar days after our receipt of your request and we will confirm the closure of your Patron account by email. You remain responsible for any activity on your Patron account between your request and the closure of your Patron account by us.
7.3. Temporary or Permanent Closure of your Account: If you wish to temporarily exclude yourself from the Website or Self Exclude please see Section 9.
7.4. Dormant Accounts: If a Patron has a Dormant Account, as defined by the Act, that has no Patron initiated activity for a period of one (1) year, any funds in such Dormant Account remaining on deposit and any pending wagers shall be forfeited.
7.5. Effect of Account Closure: Provided that you have complied with these Terms, and provided the funds in your account have not been forfeited as indicated above, your outstanding funds, as recorded on our systems less any active bonuses will be transferred to your credit card, transferred to your bank account or returned by another payment method used by us and you. Such funds may also, at your option, be withdrawn at Tropicana’s casino cage, located at 2831 Boardwalk, Atlantic City, New Jersey, 08401-6338. Closure of a Patron account will automatically render any open Games, pre-purchased tickets, V*Points, bonus funds and entries in any bonus schemes or competitions void. We cannot reinstate these if the Patron account is subsequently reopened. We will use reasonable efforts to ensure that you are removed from our promotional lists within seventy two (72) hours of your Patron account being closed.
7.6. Re-opening your Account: You may request to re-open a closed Patron account by contacting our Customer Support team at firstname.lastname@example.org or on live chat with the details of the Patron account you wish to re-open. We will review all requests to re-open a closed Patron account. Patron accounts closed as part of our self-exclusion or cool off policy cannot be re-opened for any reason until the self-exclusion or cool off time period has expired (see section 9 below).
8. MEMBER CONDUCT
8.1. You must not use the Website:
8.1.1. for any unlawful purpose;
8.1.2. for any commercial purpose;
8.1.3. in a way that impairs, interrupts or damages the Website or its efficiency;
8.1.4. to advertise or promote your own or any third party’s products or services;
8.1.5. to distribute any unsolicited communications, including, but not limited to, spam;
8.1.6. in any way other than for your personal use;
8.1.7. from a territory in which the use of this Website is illegal; and
8.1.8. in breach of these Terms.
8.2. You must not use (or upload to the Website or our systems) any form of malware (including, but not limited to, viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious. You are also prohibited from using any "bots" or other form of automated software to place Wagers or entries into competitions or promotions on your behalf.
8.3. You must comply with:
8.3.1. all Game-specific rules;
8.3.2. all competition and promotional rules; and
8.3.3. any other rules and policies relating to the Website,
that we may publish on the Website from time to time.
8.4. We may restrict or prevent your use of the Website or close your Patron account at any time if we reasonably believe that you have breached any of these Terms. We may also take action to defend our rights or the rights of any other person under these Terms.
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 cool off access to your Patron account and an option to self-exclude and close your Patron 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 the Responsible Gaming link in the My Account section of the Website.
9.1.1. Deposit 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 set a maximum deposit limit and frequency control on your Patron account by accessing the Responsible Gaming section in the My Account section of the Website. The default setting on all new Patron accounts is no limit. Further information on the deposit amount limits and frequency controls is made available in the FAQs. We will take all reasonable precautions to ensure your deposit limit is observed but we are not liable to you if you circumvent our procedures and/or deposit funds into your Patron account that exceeds your limit.
9.1.2. Spend Limits: Spend Limits lets you specify the maximum amount of Patron deposits that you put at risk (i.e. potentially lose over a daily, weekly, or monthly period), applying to the balance between amount spent to participate in Games and amount won during the defined time period. Further information on the Spend Limits is made available in the FAQs. We will take all reasonable precautions to ensure your Spend Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Spend Limit.
9.1.3. Daily Session Time Limits: Session Time Limits lets you specify the maximum amount of time you wish to play Games on any day. After the time limit you have set expires, you will no longer be able to play the Games. For further information on session time limits, please see our FAQs.
9.1.4. Cool Off: You may temporarily exclude yourself from the Website for a period from seventy two (72) hours up to thirty (30) days by accessing the Cool Off section in the My Account section of the Website, and selecting your required cool off duration period. On confirming the cool off duration period, your Patron account will be immediately suspended and it will not be possible to login to your Patron account until the selected duration has expired. It is not possible for us to override or remove any cool off time period once set. Any balances and any advance Wagers (including, but not limited to, pre-purchased tickets) that you have placed will remain and any winnings will be credited to your Patron account. You will only be able to withdraw your winnings by contacting our Customer Support team at email@example.com or on live chat or after the cool off period has expired. Where you have confirmed the cool off, all pre-purchased tickets, stage saved Games, V*Points, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the cool off period. It is possible that bonuses or V*Points may expire during the cool off period. We cannot reinstate these if the Patron account is reopened after the cool off period.
9.2.1. You may request to voluntarily exclude access to your Patron account by signing up for the New Jersey Casino Gambling Self-Exclusion Program. To sign up to the self-exclusion program you may submit an application via your Patron account (My Account - Self Exclusion) or visit one of the two Department of Gaming Enforcement offices in person at the address locations detailed on the Self-Exclusion section of My Account. For requests made via your Patron account you may exclude access to your Patron account for a period of one (1) year up to five (5) years. During such time you will not be able to re-open your account or take part in any games at any gaming facilities in New Jersey. A person remains on the list until such time as they appear in person and request to be removed from the list at one of the two New Jersey Division of Gaming Enforcement offices. You may only request a lifetime exclusion by making an in person request at one of the Regulators’ offices.
9.2.2. Upon self-exclusion, any active gaming session will be terminated and you will be logged out of your Patron account with immediate effect. All pre-purchased tickets, stage saved Games, V*Points, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the period of self-exclusion. It is possible that bonuses or V*Points may expire during the period of self-exclusion. We cannot reinstate these if the Patron account is reopened after the self-exclusion period. All remaining balances less any active bonuses will be transferred to your bank card, bank account or transferred to you through any other third party payment method which we make available.
9.3. General: Any Patron accounts that we detect that contravene our Responsible Gaming Policy will be closed. If you breach our Responsible Gaming Policy, we may suspend any Patron accounts that you may hold including any account you may hold with us.
9.4. Information: If you or someone you know has a gambling problem and wants help, call: (a) the Council on Compulsive Gambling of New Jersey on 1-800-Gambler (information is also available from their website: www.800gambler.org); or (b) Gamblers Anonymous on 855 2 Call GA or 855 222 5542 (information is also available from their website: www.gamblersanonymous.org).
10.1. We may offer certain bonuses and bonus programs from time to time. All bonuses are subject to these Terms as well as the Bonus Rules (as they are updated from time to time) (which can be found here) and any other specific terms relating to bonuses that we publish on the Website or otherwise including, but not limited to, competitions or promotional rules.
10.2. If you receive a bonus, you must comply with the relevant terms set out in our Bonus Rules (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.
10.3. Closure of your Patron account will render a bonus void.
10.4. Bonuses are not transferable between Patron accounts.
10.5. Failure to comply with these Terms and any Bonus Rules (as they are updated from time to time) will automatically render your bonus and/or entry to a bonus program void.
10.6. We may withhold, withdraw, amend or cancel any bonus or bonus offer at our discretion at any time and without notice.
10.7. Additional Bonuses: We may choose, in our sole discretion, to provide additional bonuses or complimentary payments to Patrons, either applied directly to their Patron account or through mechanisms such as offering the facility for Patrons to participate in bonus Games, offers and chat and media Games. The application of any bonus or "comp" to a Patron’s account or the offering of bonus Games does not place any obligation on us to make any similar payment or bonus to any other Patron.
11.1. We offer a V*Point loyalty program to Patrons. If you receive any V*Points, you agree to comply with the terms set out in our V*Point Rules (as they are updated from time to time) (which can be found here). We can withdraw or change the V*Point loyalty program at any time and for any reason.
12. ACCEPTANCE AND VALIDATION OF WAGERING
12.1. Confirmed Wagers: A Wager is only placed when it is recorded by us. At that time, the amount of the Wager will be charged against your Patron account. All Wagers are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for reasons outlined in these Terms.
12.2. Minimum Wager: A minimum amount of USD 0.01 (one cent) per Wager applies to each Game, unless otherwise specified.
12.3. Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your Patron 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. Any winnings related to such Wagers will be credited to your Patron account once the play has been settled.
12.4. Our right to Cancel / Terminate Games: We may cancel, amend, remove or terminate any Game at any time in our sole discretion without notice. If a Game is cancelled, amended, removed or terminated in a way that makes it impossible to resolve a Wager that you placed, then that Game shall be deemed null and void and the Wager will be credited back to your Patron account.
12.5. Our right to Postpone Games: We may postpone any Games at our sole discretion. In this case, any Wagers for the postponed Games shall still stand and the Game will be executed at the new time set by us.
13. PRIZES AND PAYMENT OF WINNINGS AND PROMOTIONS
13.1. Crediting Winnings: Winnings due on Wagers placed through your Patron account will be credited to your current deposit balance automatically. This update of your Patron 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 Patron 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 Games, winnings payouts can be displayed for presentational clarity having been rounded down to two decimal places to the nearest currency unit (i.e. cents (USD)). However, our (and/or any of our third party Game and/or service providers’) servers calculate and record the exact decimal value of the accumulated winnings payouts and Patrons’ balances.
13.3. Our Decision is Final: You agree that we and our records (and/or the records of any of our third party Game and/or service providers) shall be the final authority in determining the terms of any Games you play, any Wagers you place, the circumstances in which such Wagers were placed, and the outcome of the same.
13.4. Taxation on Winnings: Any applicable taxes and fees in connection with any winnings awarded to you are your sole responsibility.
13.5. Progressive Jackpots: We may choose to make available to Patrons pooled Progressive Jackpots across networks and services owned and operated by Gamesys or its affiliates, and/or third parties.
13.6. 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.
13.7. Progressive Jackpot Accuracy: We use reasonable measures 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 be apparently won by more than one Patron during the delay period mentioned above. If more than one Patron apparently wins a Progressive Jackpot simultaneously then the Patron recorded on our servers and/or our Game or service providers’ servers as having won the Progressive Jackpot first shall be the recipient and the subsequent Patron(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 Patrons.
14. COMPETITIONS AND PROMOTIONS
14.1. From time to time we may offer you the chance to enter competitions and/or promotions, or you may be automatically entered into a competition and/or promotion as a result of being a Patron. We will provide the specific rules for such competitions and/or promotions at the relevant time. You should therefore read these Terms in combination with any applicable specific rules for a competition and/or promotion you wish to enter. Where any such specific rules conflict with these Terms, the specific rules will take precedence.
14.2. Failure to comply with these Terms (and any applicable competition and/or promotion-specific rules) will automatically render your entry to any competition or promotion as void.
14.3. We may withhold any credits, bonuses or prizes awarded as part of a competition and/or promotion at our discretion.
14.4. Closure of a Patron account during any competition and/or promotion will render your entry void and you will not be able to receive a prize.
14.5. We may withdraw or amend any competition or promotion at any time and without prior notice.
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 providers’) database, the numbers in the database are considered valid and no correspondence disputing such issues will be entered into by us. This covers disputed results on both play for real and demo mode games.
15.2. Random Number Generator: You accept and agree that: (i) random number generator software, hosted on our (or any of our third party Game or service providers’) servers will determine the outcome of the Games; (ii) if the result shown on the software conflicts with the result shown on our (or any of our third party Game or service providers’) server, the result shown on our (or any of our third party Game or service providers’) server shall in all circumstances take precedence; and (iii) our (or any of our third party Game or service providers’) records shall be the final authority in determining the circumstances of your use of the Website and you shall have no right to dispute our decisions in regard to such matters.
15.3. Claims and Disputes: No claims or disputes will be considered more than seven (7) days after the date of the original transaction and all claims or disputes should be raised with our Customer Support by email at firstname.lastname@example.org or on live chat.
15.4. Integrity of Random Number Generator: The output of our (or our third party Game or service providers’) random number generator is monitored regularly by us to ensure it performs within expected bounds and it is also checked periodically by the Regulators and is accepted and certified by the Regulators in accordance with the provisions of the Act.
15.5. Automatic Game Playing / Manipulation of Software: Automatic playing of Games by software (including, but not limited to, so called "bots", AI-software and any software used for opponent-filing and automatic betting) or any other manipulation of the Games or your/another Patron's account data is not permitted and may (without affecting our other rights and remedies) result in closure of your Patron account, closure of all associated Patron accounts, and the cancellation of any outstanding winnings and deposits. Patrons that breach this section will not be eligible for reinstatement under different screen names.
16. GENERAL INFORMATION
16.1.1. Games are played over the Internet, and, in the case of mobile Games, over mobile telephone networks. These are communication mediums that are known to be imperfect. If you are disconnected from the Internet or a mobile telephone network, then: (i) if you have not commenced the Game when you are disconnected, there will be no effect on your account; or (ii) if you have commenced the Game when you are disconnected the Game will be recorded on the Game servers and the Wager will stand and the outcome will be reflected in your Patron account status.
16.1.2. 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 single player Game or a multi stage single player 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 single player Games will complete the outcome of the Game or bonus single player Game in your absence and will credit your Patron account if you win. If a bonus single player 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, pay and play.
16.2. Patron Account Balances: The balance of your Patron account will at all times be as recorded on our server.
16.3. Wager Result Acceptance: By placing any further Wagers with us, you accept the results of any previous Wager.
16.4. Site Activity Monitoring: Use of the Website may be monitored to ensure that you are not using the Website with a frequency or in a manner which might suggest you are using it for bookmaking or other suspected criminal activities. We may withhold any monies and/or suspend and/or close your Patron account if we consider that the Website is being used by you for bookmaking or other suspected criminal activities.
16.5. Suspicious Activity: If we determine or suspect that a transaction is suspicious (including, but not limited to, collusion between Patrons whether using our systems or other systems) and involves or may involve financial crime, fraud, cheating or irresponsible gaming behavior or breaches any of our policies, we may retain the amount of that transaction and any other 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 other applicable Law Enforcement agencies.
16.6. Fraud or Gaming System Malfunction: We may withhold winnings, void or freeze Wagers and notify the Regulators if you or another Patron manipulates the Games in a fraudulent manner, if there is collusion (or suspected collusion) between Patrons or if the gaming system itself Malfunctions.
16.7. Auto-play Facility: If you use an auto-play facility that we make available on any of our Games, the outcome of any spins prior to pressing the STOP button, including, but not limited to, any spin in progress at the time you press the STOP button cannot be reversed.
16.8. Employee and Service Providers Playing Restrictions: Neither: (a) our employees who are key employees and casino employees prohibited from wagering in any casino or simulcasting facility in the State of New Jersey; nor (b) Service Providers and their employees, agents or assigns who provide software licenses, software supplies, software developments to us may register as Patrons, play the Games or make transactions on the Website unless authorized to do so by one of our legally entitled officials for test purposes only. No funds or winnings in Patron accounts used in this manner may be withdrawn unless otherwise approved by the Regulators.
16.9. Force Majeure Events: If we are prevented from providing all or part of the Website (including, but not limited to, any service or Game) 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 Website (including, but not limited to, any service or Game) may be suspended until such time as we are able to provide access to the Website (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.
17. CHAT ROOMS
17.1. Chat Content Standards: We may provide you with a chat facility to enable you to communicate with other Patrons and our chat hosts on the Website. We may review and keep a record of all such content on such chat facility. 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:
17.1.1. you must not make any statements or submit any material that is sexually explicit or offensive, including, but not limited to, messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
17.1.2. you must not make statements or submit any material that is abusive, defamatory or harassing or insulting to other Patrons;
17.1.3. you must not distribute viruses or any other technology that may harm the Website or otherwise disrupt our systems or the systems of other Patrons;
17.1.4. you must not make statements or submit any material that advertises, promotes or otherwise relates to any other websites or online or offline ventures, discusses illegal activities, or post personal details;
17.1.5. you must not make statements or submit any material about us or the Website or any other website or service connected to us that is untrue and/or malicious and/or damaging to us;
17.1.6. you must not hold us responsible for the publication of Patron content in the chat rooms or on the Website; and
17.1.7. you must not submit any content that you do not have the right to post.
17.2. Monitoring Levels: We may review Patron content that you post on the Website, including, but not limited to, 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 Patron account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
17.3. 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 Website.
18. CONVENIENCE AND INFORMATION ONLY: The Website is provided to you as a convenience and for your entertainment and information only. By merely providing access to the Website, we do not warrant or represent that: (a) the Website Content: (i) is accurate or complete; (ii) is up-to-date or current (nor do we have any obligation to keep any such Website 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 Website 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 Website is accurate or complete.
19. INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY
19.1. NO WARRANTIES; INDEMNIFICATION: YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE PROVIDE THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAME OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE 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 WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
19.2. INDEMNIFICATION: You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us or them, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
19.3. Limitation of Liability: OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR GAME PROVIDED ON OR THROUGH THE WEBSITE WILL BE: (A) WHERE SUCH LIABILITY RELATES TO A SPECIFIC WAGER, THE VALUE OF SUCH WAGER PAID BY YOU; OR (B) WHERE SUCH LIABILITY RELATES TO ANY MONEY IN YOUR MEMBER ACCOUNT WHICH HAS BEEN MISPLACED, THE AMOUNT THAT HAS BEEN MISPLACED; OR (C) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF $2,000. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES OR GAMES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
19.4. We do not endorse, warrant or guarantee any third party product or services shown on the Website 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.
19.5. The information and other content provided as part of the Website 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 Patron, or by anyone who may be informed of any of its contents.
19.6. We may discontinue, withdraw, terminate or modify the Website or any part of each at any time with or without notice or further liability to you.
20. THIRD PARTY CONTENT
20.1. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Website 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.
20.2. If a third party links to the Website, 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 Website. A third party website that links to the Website: (i) may link to, but not replicate, our content (including, but not limited to the Website Content); (ii) may not create a browser, border environment or frame our content (including, but not limited to the Website Content); (iii) may not imply that we are endorsing it or its products or services; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only content that is appropriate for all age groups.
21. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
21.1. General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Website. The trademarks, service marks and logos used and displayed on the Website are ours, or our subsidiaries’ or affiliates’, registered and unregistered trademarks. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our, or our subsidiaries’ or affiliates’, trademarks, service marks or copyrights, nor those of any third-party licensor as described above, without our prior, written permission. 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 Website or otherwise, without our prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of section 20.2 above may use the name "Virgin" in or as part of that link.
21.2. Software License for use of the Website: The Website may include software which may be downloaded and installed on your PC, mobile and/or any other device. We hereby grant to you a revocable, non-exclusive, non-sub licensable, non-transferable license for the use of the software on PC, mobile and/or any other device owned or operated by you, solely for the purpose of wagering and managing your Patron account on the Website. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without our express, prior, written consent.
21.3. No assignment: Other than the license set out in clause 21.2, you neither have nor obtain any right, title or interest in the Website (including, but not limited to any Website Content) or any rights therein (including, but not limited to, Intellectual Property Rights) of us or our licensors. All right, title and interest (including goodwill) arising from your use of the Website will vest in us or our licensors (as applicable).
22.1. If you:
(i) send, transmit, post on the Website, 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, but not limited to, postings in chat rooms or on bulletin boards, competition entries, photographs, footage, audio recordings and quotes (including, but not limited to, any taken from telephone conversations or email correspondence); and/or
(ii) 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"),
22.2. We operate official pages on Facebook, Twitter and other social media websites in relation to the Virgin brand and other brands of (or licensed by) Gamesys (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.
23. COPYRIGHT COMPLAINTS: We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials also may be made available on the Website by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked "Copyright Infringement" to: email@example.com
24.1.1 If you have a complaint, please follow our complaints procedure as set out in our FAQs. We will investigate each complaint and provide a response to you.
24.1.2 After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the Regulators by emailing firstname.lastname@example.org or calling (609) 984-0909 or by submitting the Internet Dispute Form on the Regulators’ website (http://www.nj.gov/oag/ge/inquiriespatroncomplaints.html).
24.1.3 We may provide a copy of your complaint if it relates to your Patron account, Game outcomes and/or illegal activity and our response to you, including, but not limited to, any relevant documentation, to the Regulators.
24.2 Governing Law and Jurisdiction: These Terms will be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or Federal courts in the State of New Jersey, Atlantic County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
24.3 Local Laws: We make no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Neither we nor Tropicana are responsible for any such violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
24.4 Separate Effect: If any part of these Terms is disallowed or found to be ineffective, then the other provisions of these Terms shall continue to apply.
24.5 No Waiver of Rights: Any failure by us to insist, in any one or more instances, upon performance of any of these Terms or to exercise any rights hereunder, shall not be construed as a waiver or relinquishment of the future performance by us of any rights, and shall not excuse you from any performance under the Terms.
24.6 Third parties: These Terms form an agreement between you and us and are not intended to give any rights to any third party. This does not affect our right to transfer our rights under section 24.7.
24.7 Transfer of rights: We may wish to transfer our rights or obligations under these Terms to any of our parent, subsidiary and/or affiliate entities, or to any other legal entity, including, but not limited to: (i) our third party service providers; or (ii) 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 your rights or obligations under these Terms to anyone else.
Your Consent To These Terms
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:
Gamesys US LLC
Attn: Customer Support - Website
Copyright © 2013 - 2015. Gamesys US LLC. All Rights Reserved.
EFFECTIVE AS OF: 09 March, 2015
LAST UPDATED: 09 March, 2015
(i) Any other web pages, mobile applications, mobile device specific applications, online features, services and/or programs, or third party social media sites other than the Website, as defined in 1.1 above.
(ii) Any information (including but not limited to e-mail lists, non user-specific information and personally identifiable information) collected and/or owned by any entity other than (a) Gamesys, or (b) those entities collecting on behalf of Gamesys.
1.5. The "Virgin" name and certain related names, domain names and marks are owned by Virgin Enterprises Limited, London, Geneva Branch ("VEL"), and are used by Gamesys in connection with the Website pursuant to a certain Trademark License Agreement between Gamesys and VEL.
2. Website Ownership and Operation
2.2. Your use of the Website is also governed by the Website Terms.
2.3. The Website and the games on such Website are provided and operated by Gamesys on our behalf.
3. Information Collected
3.1. Registration Information collected
3.1.1. Required Information - Information which is required by Gamesys in order to open a Patron account shall include but not be limited to:
(i) Your Legal Name
(ii) Date of Birth
(iii) Entire or part of Your Social Security Number or equivalent if you are foreign such as a passport or taxpayer identification number
(iv) Your mailing address
(v) Your e-mail address
(vi) Your cellular telephone number; and
3.2. Information that may be Required or Requested - Information that may be required or requested by Gamesys may include but not limited to:
(i) Credit card numbers, bank account numbers or other personal financial information
(ii) Geographical information
(iii) Biographical information such as household data, preferences and demographic information
(iv) Drivers’ license numbers
(v) Credit and debit card information
(vi) Purchase information regarding our products and services
(vii) Demographic information
(viii) Security question responses; and
(ix) Opt in status for SMS and telephonic marketing.
3.3. For training and security purposes, we may record or monitor calls as they relate to wagering communications, geographic location emails you send to us and chat logs with our Customer Support, among other things.
3.4. When you connect to the Website, we may also retrieve information from the computer used to log onto the Website. The information we collect may include (but is not limited to) information about the computer's hardware system and data related to the computer's software or use of the Website.
3.5. In addition, when you interact with the Website, our servers keep an activity log unique to you that collects certain administrative and traffic information, including, but not limited to: source Internet Protocol ("IP") address, time of access, date of access, web page(s) visited, language use, software crash reports and type of browser used.
3.6. You are under no obligation to provide personally identifiable information to us. However, certain personally identifiable information is essential for the provision and quality of the services we offer to you (for example, enabling you to play the games on the Website) so we cannot provide you with certain services if you choose to withhold requested information.
4. Patron Account, Password, and Security
4.1. For certain features available through the Website, we may require the use of encryption technologies provided for your protection and/or Patron account. We use reasonable precautions to protect the privacy of your username, password and Patron account information.
4.2. You, however, are ultimately responsible for protecting your username, password and Patron account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify Gamesys of any unauthorized use of your username, password and/or Patron, and/or any other breach of security; and (b) ensure that you log out from your Patron account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
5. Use of Personally Identifiable Information
5.1. Personally identifiable information collected by Gamesys may be used for the following purposes:
5.1.1. To enable the features of the Website, including, but not limited to:
(i) operating any competitions or promotions in which you may participate;
(ii) setting up and managing your Patron account, including but not limited to our processing your requests for information, and/or providing support services to you;
(iii) if necessary in connection with the management and operation of your Patron account, contacting you at your registered email address or by means of any other contact details that you provide to us;
(iv) processing your online financial and wagering transactions;
(v) building up your personal profiles; and
(vi) to confirm that you are physically located in the State of New Jersey when you are Wagering on the Website.
5.1.2. To improve the Website by determining, among other things, which of our products, features and services are most popular. or effective. We may analyze your personally identifiable information and non-personally identifiable information, such as usage information, to enable us and/or third party services provider, including but not limited to "Tropicana AC Group", to provide products and services to you and develop new features, functionality, products and services.
5.1.3. To personalize the experience of the Patrons.
5.1.4. To communicate with you and to inform you about Gamesys' and third parties' products and services. Unless you have opted in or out as applicable, we (and/or any of our third party service providers) may send you information by email, telephone (including, but not limited to SMS), mail or by any other contact details you provide to us other companies within the Tropicana AC Group or Gamesys about Tropicana AC Group's, Gamesys' and selected third parties': services, products, competitions, prizes and offers.
If you do not wish to receive any information about existing and new services, products, competitions, prizes and offers from us or other companies within the Tropicana AC Group, you can tell us not to contact you for marketing purposes at initial registration, by updating your marketing preferences in the My Account section of the Website or by clicking on the unsubscribe link in any marketing email that we or other companies within the Tropicana AC Group or our third party service providers, including but not limited to Gamesys, send to you.
5.2. We may publish some personally identifiable information for promotional purposes, prize or competition winners, including but not limited to winnings and winner’s username. For winnings greater than $100, the winner’s username, first name and initial letter of surname, gender, town, city or county as registered on his or her Patron account may be published. Please see the section titled "Submissions" in our Website Terms for further information on publicity and the disclosure of winners’ details.
5.3. If you submit content and/or participate in the chat facility on the Website, your content and/or communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Website. Please do not submit any information to the chat facility that you do not want others to see.
5.4. When you create a Patron profile, the information that you provide, including, but not limited to, a username and an image (such as a photograph), is not private or confidential, and may be viewed and used by others accessing the Website. We recommend that you choose a username and image that is original and makes no reference to your name and does not contain any personally identifiable information.
5.5. When you accept a friend’s invitation to register as a Patron as part of the Refer a Friend program, information relating to your progress in meeting the wagering requirements related to the Refer a Friend program and number of V*Points collected may be viewed by such friend. Please do not participate in the Refer a Friend program if you do not want such information to be seen by your friend.
5.6. We may require you to verify your identity by entering a pin code on the Website that we provide to you by SMS (text message).
5.8. Information that we may obtain or you submit is subject to the Website Terms, section titled "Submissions".
6. How Information is Collected
6.1. The means by which Gamesys collects such personally identifiable information may include, but is not limited to, when you: (1) purchase, order, or request information about our services through the Website; (2) access a Gamesys social media platform; (3) sign up for e-mail notifications, electronic newsletters, mobile messages (including SMS), or social media notifications from, or on behalf of, Gamesys; (4) enter or participate in a competition or promotion on the Website, or respond to one of our surveys; (5) provide Gamesys with comments, suggestions or other input through the Website; and (6) create a Patron account for use in connection with the Website. Gamesys also collects such personally identifiable information in connection with our marketing efforts on third party websites.
6.2. Gamesys or a partner may sponsor competitions and/or promotions through the Website. Your participation is entirely voluntary. Patrons may be asked to provide personally identifiable information including, but not limited to, their name, email address or home address or to answer questions in order to participate. Gamesys may also transfer personally identifiable information to certain advertising or marketing partners from whom you have requested to receive information.
6.3. Gamesys may engage the services of third party service providers (including, but not limited to, credit reference agencies, customer verification agencies or marketing agencies) and suppliers for certain activities including, but not limited to services to process your information, age, identity location verification, providing technical support, processing your online transactions, maintaining your account and marketing among other things.
6.4. Browser Log Files - Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information includes or may include your IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the visitor other than the IP address from which the user has accessed the Website.
6.5. Unique Identifier - We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Website and some of the electronic communications you receive from us.
(i) to authenticate requests made in our customer help interface;
(ii) to recognize a patron and track their actions on subsequent visits;
(iii) to collect information about how visitors use the Website;
(iv) to test different design ideas; and
(v) to anonymously track visitors to the Website through online advertising.
You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended, if you choose not to accept cookies. See the Third Party Collection Services section below.
6.7. Web Beacons - Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Collection Services section below.
6.8. Third Party Collection Services - We may allow third-party companies to serve advertisements and/or track and collect certain information. Such services include but are not limited to:
(i) helping us to improve your use and experience of the Website by tracking your activity on the Website and/or other websites;
(ii) measuring the effectiveness of the Website. and the effectiveness of our marketing campaigns; and
(iii) collecting or receiving information and using that information to advertise to you on other websites.
These companies may use non-personally identifiable information (including, but not limited to, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about goods and services likely to be of greater interest to you.
These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity.
6.9. There are Federal prohibitions and restrictions relating to wagering on the Internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 3163 through 3167 (UIEGA)). It is a Federal offense for persons physically located outside of New Jersey to engage in Internet wagering through any New Jersey casino, including, but not limited to, Wagering on the Website, unless you are explicitly authorized by the Regulator. We and our service providers utilize several current technologies, and may use future technologies, in order to verify your physical location while you are Wagering on the Website (collectively, the "Geolocation Technologies". Geolocation Technologies report your physical location from the computer or Internet-connected device that you choose and from which you are accessing the Website. Geolocation Technologies obtain your physical location by accessing your 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 us, our service providers and/or the Regulator the physical and geographic location of the computer or Internet-connected device from which you are accessing the Website. It is possible that your precise or near-precise physical location will be reported to us, our service providers and/or the Regulator when you use the Website.
7. When Information Is Disclosed By Gamesys
7.3. We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for Gamesys’ advertisements, content, functionality, promotions, competitions, games and/or services on the Website and/or on third party websites.
7.4. We may share personally identifiable information with third party service providers and suppliers. For example, without limitation, we may engage the services of third party service providers (including, but not limited to, credit reference agencies) and suppliers for certain activities including, but not limited to, processing your information, age, identity and location verification providing technical support, processing your online transactions, maintaining your account, advertisement and providing prizes and gifts to you. We take steps to ensure that our arrangements with third party service providers protect your privacy by ensuring that these third parties comply strictly with our instructions.
7.5. We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Website Terms, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, to ensure or increase regulatory compliance, and/or to protect the rights, property, or personal safety of Gamesys, our Patrons or others. For example, without limitation, if you self-exclude from the Website, we may disclose information about you to our gaming regulators, relevant employees and other casino licensees in accordance with applicable laws and regulations.
7.6. We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of the Gamesys business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us. The Website may also link to other websites and contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or for how they treat information (including, but not limited to personally identifiable information) about their users.
7.8. California’s "Shine the Light" law
7.8.1. California residents who provide personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request, and obtain from us once each calendar year, information about the Patron information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2013 will receive information regarding 2012 sharing activities).
7.8.2. To obtain this information on behalf of Gamesys, please send an email message to email@example.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.
7.8.3. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
8. Information From Persons Under 21 Years of Age
8.1. It is a criminal offense to allow a person who is under the age of twenty-one (21) to participate in Internet wagering. The Website is not for use by any person under the age of twenty-one (21) and we do not knowingly accept as a Patron anyone under the age of twenty-one (21).
9. Access and Correction
10. Choices with your Personally Identifiable Information
10.1. Whether you submit any personally identifiable information to Gamesys is entirely up to you. You are under no obligation to provide personally identifiable information. However, this information is essential for the provision and quality of the services we offer to you (for example, enabling you to play the games on the Website) so we cannot provide you with certain services if you choose to withhold requested information.
10.3. If Gamesys collects personally identifiable information, such information will not be disclosed or used by Gamesys for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use.
10.4. You can opt-out of our online behavioral services through any one of the ways described below (you do not need to go to each opt-out site, one is sufficient). After you opt-out, you will continue to receive advertisements, but those advertisements will no longer be as relevant to you.
Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again.
Gamesys US LLC
Attn: Customer Support - Website
Copyright © 2013-2015. Gamesys US LLC. All Rights Reserved.
EFFECTIVE AS OF: 09 March, 2015
LAST UPDATED: 09 March, 2015