PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TOGETHER WITH EACH OF THE DOCUMENTS REFERENCED IN SECTION 1.2 BELOW (THESE TERMS AND CONDITIONS TOGETHER WITH EACH OF THE DOCUMENTS REFERENCED IN SECTION 1.2 BELOW ARE COLLECTIVELY REFERRED TO HEREIN AS THE “AGREEMENTS”). BY SIGNING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS WITHOUT MODIFICATION, DO NOT SIGN THESE TERMS AND CONDITIONS AND DO NOT ACCESS OR USE THE Oneida Casino APP (AS DEFINED BELOW). THE AGREEMENTS ARE SUBJECT TO CHANGE AT ANY TIME IN ACCORDANCE WITH SECTION 18 BELOW. ANY DISPUTES CONCERNING THE AGREEMENTS ARE SUBJECT TO BINDING ARBITRATION IN ACCORDANCE WITH SECTION 16 BELOW. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENTS, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE SIGNING THESE TERMS AND CONDITIONS OR ACCESSING OR USING THE Oneida Casino APP.
The Agreements apply to the Oneida Casino mobile sportsbook application (the “Oneida Casino App”) provided by Oneida Casino, P.O. Box 365, Oneida, WI 54155 (“Oneida Casino,” “we,” “our” or “us”) and is a legally binding contract between us and anyone who accesses or uses the Oneida Casino App (“you” or “your”). As used in the Agreements, the word “including” means including, without limitation.
1. APPLICABILITY OF AGREEMENTS
1.1. The Oneida Casino App is offered subject to your acceptance without modification of the Agreements. After you sign these Terms and Conditions, the Agreements will constitute a legally binding contract between you and us. By downloading, installing, accessing, or using the Oneida Casino App, you agree to be bound by the terms and conditions of the Agreements as such Agreements may be amended by us from time to time in our sole and complete discretion in accordance with Section 18 hereof. Please check the Agreements periodically for any amendments. Your continued access or use of the Oneida Casino App following any amendments to the Agreements constitutes your acceptance of the Agreements as amended.
2. AGE AND LOCATION RESTRICTIONS
2.1. You must be 21 years of age or older and otherwise legally able to use the Oneida Casino App under all applicable laws, rules, regulations, orders, decrees, and ordinances (“Laws”). You are solely responsible for complying with applicable Laws.
2.2. You must be physically located on-premise or at one of Oneida Casino’s permitted locations for wagering to use the Oneida Casino App. We may, at any time before or after you begin using the Oneida Casino App, require you to verify your identity, age, or a physical location in person at an Oneida Casino property or through other means, and we may terminate your access to the Oneida Casino App if you fail to do so.
2.3. YOU AGREE TO HAVE YOUR LOCATION TRACKED. When using the Oneida Casino App on a mobile device, your precise physical location may be tracked by us and/or our third-party service providers through the device to determine if you are complying with the location restrictions in this Section 2 (“Location Services”). You may be required to provide your mobile phone number, enable location tracking on your device, and opt-in and/or respond to communications from us to use the Oneida Casino App. You consent to receive at your mobile phone number an initial SMS text message with a PIN to access your Account (and, if later requested by you, one or more additional PINs) from us and/or our third-party providers using an automatic dialing system. Message and data rates may apply. You agree to promptly notify us if your mobile phone number changes. We are not responsible for incomplete, lost, late, or misdirected messages or the failure of the Location Services (and any associated inability to engage in the Oneida Casino App). We cannot guarantee that your device will be able to successfully use the Location Services. If we or our third-party providers are unable to precisely track your location for any reason, you may be prevented from accessing or using the Oneida Casino App. We are not liable for your inability to access or use the Oneida Casino App.
3. ACCOUNT/REGISTRATION AND SOURCE OF FUNDS
3.1. You must register in person for an account at the Main Oneida Casino located at 2020 Airport Drive, Green Bay, WI to use the Oneida Casino App. You may open an account by presenting current, government-issued photo identification, providing your social security number (or if you are a non-US resident, your passport number), signing these Terms and Conditions, and completing other documents that we provide to you at the time of registration (an “Account”). You may have only one Account. We reserve the right to refuse to accept your Account application and/or to cancel any Account transaction if we determine you have opened or accessed multiple Accounts.
3.2. You are required to submit accurate and complete Account information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Oneida Casino App and request additional information. We reserve the right to suspend, terminate or modify your Account at any time, at our sole and complete discretion, without prior notice or liability. Subject to the Agreements (including without limitation Section 8 of these Terms and Conditions) and subject to all applicable federal, state, and local laws and regulations. If we terminate your Account, all pending wagers will be canceled and you will have to contact the Security Director for inquiries related to your Wagering Account balance.
3.3. You may deposit funds into your Account by any of the following methods: (a) an in-person cash deposit made at the sportsbook at one of the registration locations identified in Section 3.1 hereof; and (b) winnings from the use of the Oneida Casino App. We do not accept other debit cards, personal checks, cashier’s checks, wire transfers, money orders, credit cards, or electronic transfers of money. Payment of winning wagers will be made when results are confirmed and posted. Winning wagers will be applied directly to your Account.
3.4. Your Account balance at any given time is the number of funds held in your Account (if any), plus any winnings and/or minus any losses accrued from using the Oneida Casino App, less any rakes, entry or other fees, if applicable, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by us due to any known or suspected fraud, or any funds that are otherwise deductible or forfeited under the Agreements. Wagers will not be accepted if they exceed the balance of your Account.
3.5. By accepting the Agreements, you acknowledge that winnings from your use of the Oneida Casino App may be subject to Internal Revenue Service (“IRS”) reporting and withholding laws, and you permit your acceptance of the Agreements to serve as an electronic signature and to suffice as your acceptance and signature on any necessary tax documents associated with your use of the Oneida Casino App.
3.6. The name on your Account must match the name which appears on the current government-issued photo identification you used to open your Account. We reserve the right to request satisfactory proof of identity (including copies of a valid passport/identity card and any payment cards used) and satisfactory proof of address (including a recent utility bill or bank statement) to be presented by you in person at an Oneida Casino property or by such other means as we may specify. You consent to have your age, identity, and source of funds verified by us. You acknowledge that verifications associated with the internet or mobile gaming may have a negative impact on your credit report. Failure to supply any requested documentation may result in refusal to open an Account, or if previously opened, suspension of your Account.
3.7. You must keep your Account password secret and confidential and not allow anyone else to use your Account. You are solely responsible for the security of your Account password and all activities that occur under your Account name and password. All winnings that are won on your Account that meet reporting thresholds under applicable laws will be reported to the IRS in the name of the Account holder. You must notify us immediately of any unauthorized use of your Account or any other breach of security that is known or suspected by you. You must also notify us immediately if you no longer have access to, or control of, the mobile device associated with your Account. In no event will we be liable for any loss you suffer as a result of any unauthorized use or misuse of your Account. If you lose or forget your Account password, please contact us or use the password reset facility in the Oneida Casino App. You may be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten Account password.
3.9. The following persons (each an “Unauthorized Person”) are not permitted to establish an Account or directly or indirectly use the Oneida Casino App: (a) any individuals who have been banned from gaming activities at any Oneida Casino subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in any state; (b) employees of Oneida Casino, and employees of their subsidiary and affiliated companies who have administrative or privileged access to the Oneida Casino App other than as required in the course of their employment with Oneida Casino; (c) “prohibited persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists; (d) persons who are under the age of 21; (e) persons who have non-public information about an event or a participant in an event; (f) persons in a position to affect the outcome of an event; or (g) a person whose participation in wagering on an event might cause the appearance of a conflict of interest. Persons considered within the meaning of (e) through (g) above may include, but are not limited to, athletes participating in the event; and employees or contractors of the governing body for the event, employees and contractors of the owner or management of a team participating in the event, and employees and contractors of athletes participating in the events, including but not limited to: referees, officials, coaches, managers, handlers, athletic trainers, team physicians, and other physicians providing medical consultation or treatment of an event participant. You may not attempt to create an Account if you are an Unauthorized Person or assist other Unauthorized Persons to use the Oneida Casino App.
4. YOUR USE OF THE Oneida Casino APP
4.1. We reserve the right to suspend, modify, remove or add to the Oneida Casino App in our sole and complete discretion with immediate effect and without notice or liability.
4.2. We reserve the right, in our sole and complete discretion, for any reason or no reason to (a) refuse to accept all or part of any wager, (b) declare the wagering system closed for receiving any or all wagers, or (c) refuse, suspend, or terminate your use of the Oneida Casino App, or any games on or available through the Oneida Casino App.
4.3. No communications or information published in the Oneida Casino App is intended to constitute legal or tax advice and we accept no liability for any reliance on such communications or information. Your use of the Oneida Casino App (including, for the avoidance of doubt, any intellectual property or services we may license from third parties which are part of the Oneida Casino App) is strictly for your personal entertainment on a single device at any given time. You may not use the Oneida Casino App or any intellectual property associated therewith for any commercial purpose, including offering or promoting any products or services. You may not use the Oneida Casino App in violation of any applicable Laws or in any manner that impinges on the rights of others. You may not use the Oneida Casino App for activities we deem improper including any of the following: (a) logging onto the Oneida Casino App with false or fraudulent information; (b) using the Oneida Casino App in any manner that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or libellous; (c) infringing any third party’s intellectual property, rights of publicity or privacy, or other proprietary rights; (d) creating or transmitting viruses, worms, Trojan horses, time bombs, corrupted files, spam, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Oneida Casino App or any other computer software or hardware; (e) removing any copyright, trademark or other proprietary rights notices contained in or on the Oneida Casino App; (f) attempting, through any means, to gain access to any unauthorized areas of the Oneida Casino App or information about other users of the Oneida Casino App or any of our customers for unauthorized purposes; (g) using any robot, scraper, spider, or any other automatic device or manual process to monitor or copy any content transmitted via the Oneida Casino App; (h) taking any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; and (i) taking any action that would cause us to violate any applicable Law or that violates the Agreements.
4.4. You may not install or run the Oneida Casino App on any device which is rooted, jailbroken or whose operating system software, hardware (including, but not limited to, interface, display, geolocation and networking components) or firmware has been tampered with in any way. You may not install or attempt to install and run the Oneida Casino App inside any simulator or emulated software environment. You may not run or attempt to use the Oneida Casino App on any device which is connected to the internet through a proxy server, VPN, or any other networking arrangement which may mask or attempt to mask the true location of the device. You may not run the Oneida Casino App on any device which has in any way been enhanced, augmented, or tampered with in such a way as to enable a person who is not physically located with the device from controlling it.
4.5. By using the Oneida Casino App you consent to us making a voice, print, electronic, or other approved record of the entire transaction. Such a wagering communication will be recorded when you confirm the wagering information. We will not accept any wager or transaction if such a recording system is inoperable.
4.6. If you do not place any wagers through the Oneida Casino App for 18 consecutive months, your Account may be suspended and classified as dormant. A dormant Account may be closed in accordance with Section 8 hereof.
5. COPYRIGHT AND TRADEMARKS
“Oneida Casino,” “Oneida Casino Sportsbook,” and other marks used by us are the trademarks, service marks, or trade names of Oneida Casino, and our subsidiaries, affiliates, licensors. All other material used by us, including the software, images, pictures, graphics, photographs, animations, “look and feel”, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by us and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use them without our express written permission.
6. FRAUDULENT ACTIVITIES AND SECURITY REVIEW
6.1. We have a zero-tolerance policy towards inappropriate play, fraudulent activity, and use of the Oneida Casino App to violate or attempt to violate any federal, state, or local Laws. If in our sole determination, (a) you are found to have cheated or attempted to defraud or violated or attempted to violate any federal, state, or local Laws through use of your Wagering Account in any way (including game, device, and Oneida Casino App software manipulation); or (b) we suspect you of fraudulent payment or any other fraudulent activity or prohibited transaction (including money laundering), we reserve the right to suspend or close your Account. You acknowledge that these actions may have a detrimental impact on your credit rating and may require us to share your personal information (including your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
6.2. We reserve the right to void and withhold any or all winnings made by any person or group of persons where we have reasonable grounds to believe, in our sole discretion, that said person or group of persons is acting or has acted in cooperation to defraud or damage us or the Oneida Casino App in any way.
6.3. We reserve the right to conduct a security review at any time to validate or verify your identity, age, registration data, the integrity of your mobile device(s) and use of the Oneida Casino App on such device(s), compliance with the Agreements, and compliance with applicable Laws. In the event of such a security review, you agree to provide us with the information and documentation we request and authorize us and our agents to use and disclose to any third party that we deem necessary the information and documentation that you provide to us, including ordering a credit report or otherwise verifying your information against third party databases.
7. LIMITED LICENSE
7.1. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to install and use the software we make available for the Oneida Casino App (the “Software”) in accordance with the Agreements. The Software is the valuable intellectual property of Oneida Casino and/or its licensors. You obtain no rights to the Software except to use it in accordance with the Agreements. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Oneida Casino App or the Software; or (f) use the Software in a manner prohibited by applicable laws or the terms of the Agreements (together with the “Prohibited Activities”).
7.2. 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 shall notify us immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide us with reasonable assistance with any investigations we may conduct as a result.
8. FORFEITURE & ACCOUNT CLOSURE
We reserve the right, in our sole discretion, and in relation to your Account and any other accounts you may have with us, to terminate the Agreements, withhold your Account balance (unless stated otherwise in section 8), suspend your Account, and recover from your Account the amount of any affected pay-outs, bonuses, and winnings if:
8.1. You are in material breach of the Agreements;
8.2. We become aware that you have used or attempted to use the Oneida Casino App for the purposes of fraud, collusion, or unlawful or improper activity;
8.3. We become aware that you have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to chargebacks), or unlawful or improper activity;
8.4. You have “charged-back” or denied any of the purchases or deposits that you made to your Account;
8.5. We are instructed to do so by a law enforcement agency or regulatory body; or
8.6. Your Account is classified as dormant in accordance with Section 4.6 hereof – you may request your remaining account balance upon Account closure by contacting Security in accordance with section 3.2 hereof for a period of 6 months. After 6 months, the remaining account balance may be deemed forfeited at the sole discretion of Gaming Management.
9.1. You may close your Account for any reason by withdrawing the entire balance from your Account and notifying us pursuant to Section 15 hereof. You may withdraw any available funds from your Account in person at the cashier cage at one of the registration locations identified in Section 3.1 hereof. You will continue to be responsible for all activity on your Account until your Account has been closed.
9.2. If you want us to close your Account for responsible gaming reasons, please notify us pursuant to Section 15 hereof.
9.3. Without limiting any of our other rights under the Agreements, we are entitled to terminate the Agreements immediately upon providing notice (or attempted notice) to you at the email address you have provided to us. If we terminate the Agreements pursuant to Section 8 hereof, any payouts, bonuses, and winnings in your Account may be deemed non-refundable, in the sole discretion of Gaming Management.
9.4. The following sections of these Terms and Conditions (and any provisions which, by their nature or express terms should survive) shall survive termination of the Agreements by either party: 3.8, 4.5, 5, 6, 7.2, 9, 10, 11, 12, 13, 14, and 16.
10. REPRESENTATIONS AND WARRANTIES
By accessing the Oneida Casino App and the Software, or using, or attempting to use, the Oneida Casino App or the Software, you represent and warrant to us that: (a) you are 21 years of age or older; (b) you will be located within the confines of a designated property when accessing the Oneida Casino App; and (c) all details provided by you to us to set up your Account or otherwise participate in the Oneida Casino App are true, current, correct and complete.
11. DISCLAIMER AND EXCLUSIONS
The Oneida Casino App is provided on an “as is” and “as available” basis. Access to and use of the Oneida Casino App and the software is at your sole operation, discretion, and risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind relating to the Oneida Casino App and the software, whether express or implied, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, and non-infringement. We do not warrant that the invulnerable to viruses, worms, or other harmful software or hardware. You hereby acknowledge that the Oneida Casino App and software may be interrupted or unavailable due to any number of factors including periodic system maintenance, acts of God, unauthorized access, viruses, denial of service or other attacks, technical failures, and telecommunications infrastructure disruptions or failures. We expressly disclaim any express or implied warranty regarding the use and/or availability, accessibility, security, or performance caused by these and any other factors. We are not required to provide redundant or backup networks or systems. Any malfunction of the Oneida Casino App or software voids all pays.
12. LIMITATION OF LIABILITY
12.1. Neither we nor our parent companies, subsidiaries, or affiliates (including any of our or their respective officers, directors, shareholders, employees, agents or representatives, or our or their respective successors and assigns) (collectively, “Oneida Casino Parties”) are liable to you or any their party in contract, tort (including negligence) or otherwise for any direct or indirect loss or damage arising from or connected with your use, attempted use or inability to use or any their party’s use, attempted use or inability to use the Oneida Casino App or the software including incidental, special, punitive and consequential damages (including loss of or failure to receive the opportunity, loss of goodwill, reputational damage, business interruption, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
12.2. Oneida Casino parties will not be liable to you or any third party for any acts or omissions made by your internet service provider, financial institutions, or other third parties on whom you rely to gain access to or use the Oneida Casino App, the software or proceeds thereof.
12.3. No advice or information, whether oral or written, obtained by you from us or through or from the Oneida Casino App or the software shall create any warranty not expressly stated in the agreements.
12.4. The Oneida Casino parties will not be liable to you or any third party for any modification to, suspension of, or discontinuance of the Oneida Casino App or the software.
12.5. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you. In any event, you agree that our total liability for damages, regardless of the form of action, shall not exceed one hundred ($100.00). This limitation of liability is cumulative and not per incident. The foregoing limitations in this Section 12 will apply even if the above-stated remedy fails of its essential purpose.
You agree to indemnify, defend, hold harmless and release the Oneida Casino Parties from and against any claim, demand, damage, cost, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of your (a) access to, use of, attempted access to or use of or inability to access or use the Oneida Casino App or the Software, (b) violation of the Agreements, or (c) infringement of any intellectual property or other rights of any other person or entity.
14. THIRD PARTY WEBSITES
Any links on the Oneida Casino App to third-party websites or resources should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on any third-party website or resource which may be accessed by a link from the Oneida Casino App, including any representations or warranties as to accuracy or completeness. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
15.1. If you have any complaints, claims, or disputes regarding any use or outcome from using the Oneida Casino App or any other activity, you must submit your complaint to us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted in person at the Oneida Casino Sportsbook. You may also submit notices to us by postal mail in writing to Oneida Casino Sportsbook PO Box 365 Oneida WI, 54155.
15.2. Any notice we give to you will be sent to the email address that you provide when you register your Account. It is your responsibility to keep your email address connected to your Account current and to regularly check your email account for emails from us.
16. GOVERNING LAW
The Agreements are governed under the laws of the Oneida Nation. No provisions in the Agreements waive the sovereign immunity of the Oneida Nation or Oneida Casino.
We reserve the right, in our sole discretion and without your consent, to transfer, assign, sublicense or pledge the Oneida Casino App, the Software, and/or the Agreements, in whole or in part, to any person or entity without notice. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreements.
18. ENTIRE AGREEMENT, MODIFICATION, AND AMENDMENTS
The Agreements represent the complete and final agreement between you and us regarding the subject matter hereof and supersede all prior agreements between you and us relating to the Oneida Casino App. You understand and agree to be bound by the Agreements as they may be amended from time to time. We may amend the Agreements at any time, in our sole and complete discretion, either by (a) sending you an email notifying you of the amendments, and/or (b) publishing the amended Agreements on the Oneida Casino App or any place through which you access the Oneida Casino App or the Software. Any amendment to the Agreements will take effect on the sooner of the day you are notified by email, or the day of first publication on the Oneida Casino App or any place through which you access the Oneida Casino App or Software. If any amendment is unacceptable to you, your only recourse is to terminate the use of the Oneida Casino App. Your continued access or use of the Oneida Casino App following notification of any amendment(s) will be deemed binding acceptance of the Agreements as amended. It is your sole responsibility to review the Agreements and any amendments each time you use the Oneida Casino App.
Last Update: October 2021