Terms of Service

on.BetMGM.ca – Ontario Online Gaming Services (“Terms of Service”)

IMPORTANT - PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THE AGREEMENTS (AS DEFINED BELOW), THEN PRINT THESE TERMS OF SERVICE AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES (AS EACH SUCH TERM IS DEFINED BELOW). THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUT BELOW). BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USE THE SERVICES (AS DEFINED BELOW). IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENTS, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS OF SERVICE OR ACCESSING OR USING THE SERVICES.

You accept to be bound by this contract by clicking on ‘Submit’ or ‘I Agree’ and/or by using the Services (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on ‘Submit’ or ‘I Agree’ or when You use the Services, a legally binding agreement on these terms and conditions is entered into between, (a) You, the end user (‘You’ or ‘Your’ as applicable) and (b) BetMGM LLC, located at Harborside Plaza 3, 210 Hudson Street, Jersey City, NJ 07311 (‘BetMGM’, ‘We’, ‘Us’ or ‘Our’ as appropriate).

These Agreements (as that term is hereinafter defined) govern the use of the Services in the Province of Ontario.

You acknowledge and understand that the Services are conducted and managed by iGaming Ontario, an agency of the Government of Ontario that conducts and manages internet gaming in the Province of Ontario, and that We have been appointed and authorized by iGaming Ontario to operate such Services and the Platform on behalf of and as an agent for iGaming Ontario, pursuant to BetMGM’s registration with the Alcohol and Gaming Commission of Ontario. BetMGM is authorized, pursuant to such registration, to operate Online Sports Wagering in the Province of Ontario.

These Agreements apply to the following: (1) online gaming websites: on.betMGM.ca, casino.on.BetMGM.ca, sports.on.BetMGM.ca, poker.on.BetMGM.ca, and (2) any other online or mobile platform provided by Us (each individual site being a ‘Platform’ and together the ‘Platforms’) on which You access Our betting, gaming and wagering services in the Province of Ontario (‘Services’).

In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 28 below.

These Terms of Service together with the BetMGM/BetMGM Casino Privacy Policy, the MGM Resorts Privacy Policy, the Landing Page and Promotions section (Sports) and (Poker, Casino), the tournaments section (Poker), the How to Play/Getting Started sections (Casino) and Game Rules (Casino) sections, the Frequently Asked Questions, all additional games rules, the Refer-a-Friend Terms and Conditions, the Third-Party Content Policy, the Loyalty/Reward Plan Terms and Conditions (“Reward Plan”), the MGM Rewards Terms and Conditions and any other additional rules and terms published on the Platform or otherwise notified to You that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between You and Us (‘Agreements’). You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us. By clicking on ‘Submit’ or ‘I Agree’ and accepting these Terms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access to and use of the Services is governed by these Agreements.

Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any of the game rules or other documents referred to in these Terms of Service.

Your attention is drawn to Our Privacy Policy, which describes how We deal with and protect Your personal information. By accepting these Terms of Service, You are also acknowledging and accepting the Privacy Policy. In the event of any conflict between the Agreements and the Privacy Policy, the Privacy Policy shall control.

GAMING SERVICES

The gaming services are the services provided by Us via the following Platforms: on.BetMGM.ca, casino.on.BetMGM.ca, sports.on.BetMGM.ca, poker.on.BetMGM.ca, and any other gaming platforms provided by Us from time to time (together the ‘Gaming Services’).

If You are using or intending to use the Gaming Services, You must do so in accordance with Section 33 of these Terms of Service, which apply specifically to the Gaming Services. We may be required to make changes to these Terms of Service and/or the Services at any time at the request of the Alcohol and Gaming Commission of Ontario or of iGaming Ontario.

1. APPLICABILITY OF AGREEMENTS

By using the Services, or by acknowledging that You have read these Agreements when You register to join, or by clicking on the ‘Submit’ or ‘I Agree’ button when You install any of the software relating to the Services provided via the Platforms, or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 20 and Section 21 below),  or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As a consequence of this, if You accept these Agreements when registering for the Services, You will not be able to cancel Your registration later, although You can terminate these Agreements and close Your Account in accordance with Section 21 below.

2. LEGALITY OF USE OF THE SERVICES

You may only use the Services if You are 19 years of age or over, located in the Province of Ontario, and it is legal for You to do so according to the laws of the Province of Ontario. You confirm that You are not accessing the Services from a province or foreign jurisdiction outside of the Province of Ontario at the time of placing a bet. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. You acknowledge that underage gambling is illegal, and that in the Province of Ontario a person who is under the age of 19 is prohibited from participating in Internet or mobile wagering. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Whenever the Terms of Service that apply to interactive gaming are changed, BetMGM shall require You to acknowledge acceptance of such change.  Your acknowledgement shall be date and time stamped by the interactive gaming system.

3. ACCOUNT/REGISTRATION

3.1. To use the Services, You will first need to register for an account with Us. You may access any of the Services from Your Account (as defined below). You are prohibited from allowing any other person to access or use Your In addition, You can only place a bet through the Services after You have opened an Account, Your identity has been verified, and You have deposited sufficient funds in Your Account. Before participating in any game play, You will also be required to affirm that You are fit to play.

3.2. When we check your identity when you first register with us, we share certain information with Canadian credit bureaus, such as TransUnion Canada (via our service provider, Aristotle) and Equifax Canada (via our service provider, GBGroup). We will also use a third-party service provider, Jumio, who will assist with verifying the details of your government issues photo-identification and proof of address documents as required by our anti-money laundering obligations under applicable law. Further information about how these credit bureaus treat your information can be found on their relevant websites.

3.3. You can open an account with Us by choosing a unique account name and password and entering other information that We ask for on Our registration form, such as (but not limited to) Your first and last name, physical address, email, gender, birth date and telephone number (an ‘Account’). You must also inform Us if you are a domestic politically exposed person in Canada (‘domestic PEP’), a foreign politically exposed person (‘foreign PEP’), a head of an international organization (‘HIO’; together with domestic and foreign PEPs, ‘PEP/HIO’), or the family member or close associate of a PEP or HIO (a ‘PEP/HIO Related Person’) at the time You register and open Your Account. You must immediately notify Us if Your PEP/HIO or PEP/HIO Related Person status changes at any time while Your Account is open. For the purposes of this Section:

3.3.1. A foreign PEP includes an individual holding the following offices or positions in or on behalf of a foreign state: (i) Head of state or head of government, (ii) Member of the executive council of government or member of a legislature, (iii) Deputy minister or equivalent rank Ambassador, attaché or counsellor of an ambassador, (iv) Military officer with a rank of general or above, (v) President of a state-owned company or a state-owned bank, (vi) Head of a government agency, (vii) Judge of a supreme court, constitutional court, or other court of last resort, and (viii) Leader or president of a political party represented in a legislature;

3.3.2. A domestic PEP is a person who currently holds, or has held within the last five years, the following positions in or on behalf of the Canadian federal government, a Canadian provincial (or territorial) government, or a Canadian municipal government: (i) Governor General, lieutenant governor or head of government, (ii) Member of the Senate or House of Commons or member of a legislature, (iii) Deputy minister or equivalent rank, (iv) Ambassador, or attaché or counsellor of an ambassador, (v) Military officer with a rank of general or above, (vi) President of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province, (vii) Head of a government agency, (viii) Judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada, (xi) Leader or president of a political party represented in a legislature, and (x) Mayor;

3.3.3. A HIO is a person who is (or was within the past five years) the primary person who leads an international organization, and the international organization that they are or were the head of is either: (i) An international organization established by the governments of states; or (ii) An institution established by an international organization;

3.3.4. A family member of a PEP or HIO includes: (i) Their spouse or common-law partner, or ex-spouse or former common-law partner, (ii) Their biological or adoptive child(ren), (iii) Their mother(s) or father(s), (iv) The mother(s) or father(s) of their spouse or common-law partner (mother-in-law or father-in-law), (v) Their siblings; and

3.3.5. A close associate of a PEP or HIO includes persons who: (i) Are business partners of, or who beneficially own or control a business with, a PEP or HIO, (ii) Are in a romantic relationship with a PEP or HIO; (iii) Are involved in financial transactions with a PEP or HIO, (iv) Serve as a member of the same board as a PEP or HIO, (v) Carry out charitable works closely with a PEP or HIO, and (vi) Are listed as joint on a policy where one of the holders may be a PEP or HIO.

3.4. You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details You provide at registration at any time by editing Your Account preferences. Please see Our Privacy Policy for further details regarding what information we collect, and how that information is used, shared and stored. Alternatively, You can contact Us for further information.

3.5. There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in Canadian dollars and shall not bear interest, and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.

3.6. You can contact BetMGM Customer Service at any time to obtain your account and game history. You may also access your account and game history by logging into your account and accessing your “My Account” and following the prompts for “My Transactions” or “Cashier”.

3.7. Use of certain Services may require You to be a member of MGM Rewards Program or other rewards club established by MGM Resorts International and such membership may impact Your ability to access, claim or use certain benefits associated with the Services. Players must be 21 years of age to sign up for the MGM Rewards Program. Players who are not at least 21 years of age when initially registering to play at BetMGM, but subsequently enroll in MGM Rewards when eligible, may have their MGM Rewards account linked by contacting Customer Service. You may enroll in the MGM Rewards Program online through the MGM Rewards website, or as otherwise authorized by MGM. MGM Rewards enrollment and membership can only be activated by presentation of a valid, government-issued photo identification, or as otherwise authorized by MGM. Your participation in the MGM Rewards Program is subject to the program’s terms and conditions available at mgmrewards.com (MGM Rewards Program Rules) and to the terms of the MGM privacy policy available at ‘MGM Privacy Policy‘ or other locations where it is posted.

3.8. To place a bet, You will be required to pay ‘real money’ funds into Your Account by any of the following methods: (i) a deposit account; (ii) a credit or debit card, which has been registered and verified pursuant to the requirements of the issuer; (iii) cash complimentaries, promotional credits, or bonus credits; (iv) winnings during a gaming session; (vi) adjustments made by BetMGM with documented notification to You; (vii) ACH transfer; (viii) Wire Transfer; (viii) and any other means approved by the Alcohol and Gaming Commission of Ontario or iGaming Ontario. Such funds will be deposited into Your Account upon actual receipt of funds by Us or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and cash out options, please see Cashier.

All deposits into Your Account are subject to appropriate verifications and authorizations to ensure that they are appropriately authorized by a financial services provider. In the case of suspected or fraudulent activity, we may suspend or terminate your Account and may refund any monies contained in your Account in our sole and absolute discretion.

3.9. You can request withdrawals from Your Account at any time, provided all payments made have been received (see Cashier). We will process your withdrawal as soon as reasonably possible, subject to appropriate authorizations and verifications. We will pay any requested withdrawal using the same method used to deposit funds in Your Account, whenever this is possible. If the original method used is not available, We will ask You to provide information regarding a second account, along with documentation evidencing that You are the legal holder of the account. Upon withdrawing funds, Your own bank or other payment provider may add a further handling charge which may vary over time and for which You remain responsible. When using a credit/debit card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.

3.10. To use certain Services, You may first need to download and install software as provided on the relevant Platform.

3.11. Account statements are available to You, which detail Your account activity. If We make any adjustments to Your Account Balance, We will provide You with the reasons for the adjustment.

4. TRUE IDENTITY AND ONE ACCOUNT

The name on Your Account must match Your true and legal name and identity, and the name on Your Account registration must match the name on the card(s) or other payment accounts used to deposit or receive monies into Your Account. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card or any payment cards used) and satisfactory proof of address (including, but not limited to, a recent utility bill or bank statement) at any time. You consent to have Your age and identity verified by Us, and You acknowledge verifications associated with Internet or mobile gaming may result in a negative impact on Your credit report. You will not be permitted to open an Account if You fail to supply Us with such documentation. You may not hold more than one (1) Account in connection with Your use of any Platform. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name or password, please Contact Us for a replacement.

5. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT

The following persons (each an 'Unauthorized Person') are not permitted to establish an Internet or mobile gaming account, or to use directly or indirectly any of the Services: (i) an individual under 19 years of age; (ii) an individual that has advised Us that they are participating in the self-exclusion process, as described in Section 23; (iii) an individual who is restricted from accessing the Services as a condition of a court order; (iv) an officer, member of the board of directors or partner of BetMGM; (v) an executive or staff of a trade union who represent or negotiate on behalf of employees employed at BetMGM; (vi) a member of the Alcohol and Gaming Commission of Ontario (‘AGCO’), officers, members of the board of directors or employees of Ontario Lottery and Gaming Corporation (‘OLG’), or iGaming Ontario; (vii) employees of any person who maintains or repairs gaming equipment for MGM, Entain plc/bwin.party or BetMGM (collectively referred to as the ‘Group’)); (viii) a resident of Afghanistan, Curacao, Cyprus, Ethiopia, Iran, North Korea, Iraq, Kuwait, Somalia, Syria, U.S.A, Yemen or any other jurisdiction where Your participation would be in conflict with any applicable law or any other rules, including but not limited to those laws relating to online gaming; or (ix) an individual that We have a reason to believe is not permitted to access or use the Services under applicable law, as notified by Us. You may not attempt to create an Account if you are an Unauthorized Person or assist other Unauthorized Persons to use the Services. You fully understand that Unauthorized Persons are not eligible to receive any winnings, except for self-excluded individuals.

6. YOUR USE OF THE SERVICES

6.1. In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fair and balanced game play

6.2. We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a “Change”) in Our sole discretion with immediate effect and without notice, so long as such Change does not affect pending play on the Services. We will not be liable for any such

6.3. We forbid the use of all unfair practices when using the We do this to protect Our customers and the integrity of the Services. Please read Our Unfair Advantage Policy (which is incorporated in these Agreements) for further details, and Our Anti-Cheating Policy at Section 33.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating, his or her account may be permanently closed, and any balance may be at risk of forfeiture or withholding as per Section 20 of these Terms of Service.

6.4. We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third-Party Content Policy, which is incorporated in these Agreements, for further details.

6.5. We reserve the right to suspend Your use of certain of the Services, Platforms or any games on our Platforms from time to time for any reason or no reason.

6.6. No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.

6.7. For the purpose of any reference to time in connection with Your use of the Services, We use the Eastern Time Zone unless otherwise specified.

6.8. Your use of the Services (including, for the avoidance of doubt, any intellectual property and/or services We may license from third parties from time to time, which forms part of the Services) is for Your personal, entertainment use on a single computer only. You may not use the Services or any intellectual property contained therein for any commercial You acknowledge and attest that you are an individual acting on your own behalf. You are not acting for or on behalf of anyone other than Yourself.

6.9. By accessing our Platforms, or using, or attempting to use, our Software or the Services, You represent and warrant to Us that: (i) you are not an Unauthorized Person; (ii) you are physically located in the Province of Ontario while wagering; (iii) all details provided by You to Us to setup Your Account or otherwise participate in the Services are true, current, correct and complete; and (iv) You consent to the monitoring and recording by Us, the AGCO, or iGaming Ontario of any wagering communications and geographic location information in connection with Your use of the Services.

6.10. In order to access or use the Services, you must be physically located in the Province of Ontario at the time of use. We may, at any time before or after you begin using the Services, require you to verify your identity, age, or physical location, and we may terminate your access to the Services if you fail to do so. In addition, We may detect and monitor Your physical location to ensure that You are playing from the Province of Ontario, including, without limitation, while You attempt to place bets and at any other reasonable intervals determined by Us.

6.11. Access and use of the Services requires You to be physically located within the Province of Ontario at the time of access or use and may impact Your ability to access, claim or use certain benefits associated with the Services. If we or our third-party providers are unable to track your location for any reason, you may be prevented from accessing or using the Services. We are not liable for your inability to access or use the Services. We reserve the right to declare null and void any wagers or bets that were placed in violation of Our Terms of Service, including but not limited to bets or wagers placed by Unauthorized Persons.

6.12. You may participate in a game only if You have sufficient funds in Your Account for such participation. We will not extend or grant any credit or lend any money to You or refer You to any credit providers in order to place bets or participate in any game.

6.13. You will not engage in any of the following prohibited activities in connection with the Services: (i) betting on any event overseen by the relevant sport or event governing body if You are an individual with access to non-public or exclusive information related to the event or an individual who may impact the outcome of the event or bet type; (ii) betting on events overseen by the relevant sport or event governing body if You are an athlete, coach, manager, owner, and anyone with sufficient authority to influence the outcome of the event; (iii) betting on any event overseen by a sports governing body or any event in which a member team of that sport or event governing body participates, if You are an owner of the sports governing body or member team; or (iv) compiling betting odds for any event or competition in which You are involved. If You engage in one of these prohibited activities, We will inform the relevant sport or event governing body(s), other sports betting platform providers, and any other organizations or individuals required by iGaming Ontario of Your participation in such prohibited activity.

7. COPYRIGHT AND TRADEMARKS

The terms BetMGM, MGM Resorts International, MGM, MGM Rewards and any other marks used by Us are the trademarks, service marks or trade names of the Group, one of its subsidiaries or associated companies, or its licensors. Further, all other material used by Us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group, one of its subsidiaries or associated group companies, or licensors and is protected by copyright or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.

8. ELECTRONIC SERVICES PROVIDER

In order to use the Services, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors or financial institutions (‘ESPs’) to process such financial transactions. You irrevocably authorize Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the Terms of Service of use of each applicable ESP. In the event of conflict between these Agreements and the ESP’s Terms of Service, then these Agreements shall prevail.

In the event We use such ESPs or financial institutions to process payments made by and to You, or otherwise accept Your use of any particular payment method, in connection with Your use of the Services, We shall have no responsibility for the acts or omissions of the third party providing such payment processing or payment method prior to Our receipt of funds or after We initiate a transfer of funds (as applicable). You agree that You shall look exclusively to the ESP or financial institution in the event of any payment processing or other payment method related disputes and not to Us.

9. BONUSES

We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account (‘Bonus(es)’). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.

10. WITHDRAWALS

10.1. Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or 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 due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under these Agreements (‘Account Balance’).

10.2. Acceptance of withdrawal request is subject to any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 19 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before cashing out. For further details of current deposit and withdrawal options and fees, please see Cashier.

10.3. We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made in accordance with Section 3.8.

10.4. Payments will be made as soon as reasonably possible (subject to up to five business days internal processing time), although there may be delays due to any Security Review (see Section 19 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements. Under penalties of perjury, You declare that, to the best of Your knowledge and belief, the name and address that You have furnished correctly identify You as the recipient of any jackpot payments and any payments from identical wagers, and that no other person is entitled to any part of these payments. You acknowledge the Form T5 may be issued by Us by January 31 following the year of the payment. By accepting these Agreements, You acknowledge that any winnings that You win by using the Services are subject to the Canada Revenue Agency (CRA) regulations and You permit Your acceptance of these Agreements to serve as an electronic signature and to suffice any acceptance and signature on any tax documents incurred during the internet gaming activity.

10.5. Your acceptance of these Agreements serves as acknowledgement that the Form T4A may be issued by Us by January 31 following the year of the receipt of a prize consisting of cash or merchandise for which a 12-month accumulated value of six hundred Canadian dollars ($600) or more won by using the Services is subject to the CRA regulations.

11. DORMANT ACCOUNTS

If Your Account has had no activity for a period of three years, Your Account will be considered a Dormant Account by BetMGM. To prevent your Account from becoming a Dormant Account, you can log into your Account and make a real money wager, a deposit or a withdrawal.

12. THIRD-PARTY CONTENT

12.1. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms, Services, or with Group staff, and You agree that You will not engage in such language. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group’s operation in any media or forum.

12.2. In accordance with the terms of Our Third-Party Content policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials (‘Third-Party Content’) posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.

12.3. Any violation of this policy may result in the removal of the Third-Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance with this Section.

13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

The Account name and password selected when You register for an Account should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password, and all activities that occur under Your Account name and password.

You agree to keep Your Account name and password secret and confidential and not to allow anyone else to use it. As an authorized player, You are prohibited from allowing any other person access to or use of Your interactive gaming account. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder, and all transactions where the username and password have been entered correctly will be regarded as valid. BetMGM provides the option for the player to log-in via multi-factor authentication (also known as strong authentication). In no event will We be liable for any loss You suffer as a result of any unauthorized use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement immediately. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, We shall not be liable.

14. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

We have a zero-tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, betting on all possible outcomes of a game or event, betting on an event in which You take part, or if We suspect You of fraudulent payment, including the use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits are failed to be honored by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third-party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including, without limitation, Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.

In order to use the Ontario wagering feature of the Services, you must be physically located in the Province of Ontario at the time of use. We may, at any time before or after you begin using the Services, require you to verify your identity, age, or physical location, and we may terminate your access to the Services if you fail to do so. If we or our third-party providers are unable to track your location for any reason, you may be prevented from accessing or using the Services. We are not liable for your inability to access or use the Services. We reserve the right to declare null and void any wagers or bets that were placed in violation of Our Terms of Service, including but not limited to bets or wagers that were placed from a province or foreign jurisdiction outside of Ontario and bets or wagers placed by Unauthorized Persons.

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 that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us, the Group, the Services or the Platforms in any way.

In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether Yours or a third party’s). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or services.

15. LIMITED SOFTWARE LICENSE

We hereby grant You the limited, non-exclusive, non-transferable, non-sublicensable right to install and use the software We make available from the Platforms used to provide the Services (the ‘Software’) and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install and use the Software on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Services in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software is the valuable intellectual property of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these 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); or (e) use the Software in a manner prohibited by applicable laws, regulations and/or this Agreement (together the ‘Prohibited Activities’).

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 in light of the information provided by You in this respect.

16. GAMING SERVICES UPDATES AND UPGRADES

You acknowledge that BetMGM may from time-to-time issue updated or upgraded versions of the Gaming Services, and may (subject to your device settings) automatically electronically update or upgrade the version of the Gaming Services that you are then currently using on your mobile device/desktop. You consent to receive updates or upgrades to the Gaming Services automatically without providing further consent each time. The Gaming Services (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the Gaming Services description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy, including for the purposes of confirming your location and eligibility to use the Gaming Services. We are not responsible if an update or upgrade affects how the Gaming Services work if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time by uninstalling or ceasing to use the Gaming Services or by contacting us at support@on.betmgm.ca.

17. LOCATION SERVICES

17.1. Access and use of the Services is restricted by the Alcohol and Gaming Commission of Ontario and iGaming Ontario to users who are physically located within the Province of Ontario. To confirm Your desktop/laptop location, we use a third-party method using IP address and WiFi signal. If one of the two is not confirmed, You will not be allowed to use the Services. To confirm Your mobile device location, we use a third-party method using carrier cell tower and WiFi signal. If your mobile device location is not confirmed, You will not be allowed to use the Services. We cannot guarantee that your device will be able to successfully use the Location Services. In order to use the Ontario wagering feature of the Services, you must be physically located in the Province of Ontario at the time of use. We may, at any time before or after you begin using the Services, require you to verify your identity, age, or physical location, and we may terminate your access to the Services if you fail to do so. If we or our third-party providers are unable to track your location for any reason, you may be prevented from accessing or using the Services. We are not liable for your inability to access or use the Services. We reserve the right to declare null and void any wagers or bets that were placed in violation of Our Terms of Service, including but not limited to bets or wagers that were placed from a province or foreign jurisdiction outside of the Province of Ontario or bets or wagers placed by Unauthorized Persons.

17.2. By registering to use the Services, you consent to the monitoring and recording by Us (or our service providers) or by the Alcohol and Gaming Commission of Ontario or iGaming Ontario of any wagering communications and geographic location information in connection with the Services, for the purpose of determining compliance with applicable law.

17.3. We will handle all information collected through the Location Services in accordance with our Privacy Policy. If You have any questions or concerns regarding the Location Services, You may contact Us at support@on.betmgm.ca or by phone at 1-343-488-5355.

18. ERRORS

You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or that may otherwise impact the integrity or fairness of the Services ('Error'), We may make the Services unavailable until the Error is resolved. In the case of an Error relating to sport and event betting, making the Services unavailable may include the suspension of betting, the withholding of funds, and the refund of any bet until the Error has been resolved. We will treat You fairly when resolving any transactions or bets impacted by these Errors faults in accordance with Our policies and procedures. We will respond to any service interruption relating to the Services in a way that does not disadvantage players, including, without limitation, by restoring the game to its pre-failure state, if possible. This may include paying You up until the time that the Error arose or returning bets to You and restoring Your Account Balance to its position prior to the start of the game where the game cannot be continued after a service interruption, whichever is the better outcome for You. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers, if there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 20 (Forfeiture & Account Closure) of these Terms of Service.

19. SECURITY REVIEW

To maintain a high level of security and integrity in the systems used to provide the Services, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a ‘Security Review’). As such, You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, otherwise verifying the information against third-party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.

20. FORFEITURE & ACCOUNT CLOSURE

20.1 WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (AS THAT TERM IS DEFINED AT CLAUSE 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES OR CASINOS OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY- OUTS, BONUSES AND WINNINGS IF:

20.1.1. You are in material breach of any of these Agreements;

20.1.2. We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion or unlawful or improper activity;

20.1.3. We become aware that You have played at any other online gaming site or services and are suspected of fraud, collusion or unlawful or improper activity;

20.1.4. You have denied any of the purchases or deposits that You made to Your Account;

20.1.5. You become bankrupt or analogous proceedings occur anywhere in the world; or

20.1.6. Upon instruction of the appropriate law enforcement agency or regulatory body, including, without limitation, the Alcohol and Gaming Commission of Ontario and iGaming Ontario.

21. TERMINATION

21.1. You are entitled to close Your Account and terminate these Agreements for any reason, including, without limitation, for responsible gaming reasons, or no reason on seven (7) days’ notice to Us by withdrawing the entire Account balance from Your Account and sending a letter or email or telephoning Us using the details at ‘Contact Us‘. We will respond and close your Account within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been effected by Us.

21.2. Without limitation to Section 20, We are entitled to terminate these Agreements on seven (7) days’ notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to Section 20, upon the closure of your Account, We will, as soon as reasonably practicable, refund the balance of Your Account to You using the same method used to deposit funds in Your Account, whenever this is possible. If the original method used is not available, We will ask You to provide information regarding a second account, along with documentation evidencing that You are the legal holder of the account. Upon withdrawing funds, Your own bank or other payment provider may add a further handling charge which may vary over time and for which You remain responsible.

Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way. Termination of these Agreements does not entitle either party to void a wager that was valid and not in breach of these Agreements at the time of placement.

21.3. The following Sections of these Terms of Service shall survive any termination of these Agreements by either party: 2, 7, 8, 14, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31, along with any other Sections which are required for the purposes of interpretation.

22. COMPENSATION

YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS OF SERVICE SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.

23. SELF-EXCLUSION, TIME LIMITS AND TIMEOUTS

23.1. You may take a break (“Time Out”) or self-exclude Yourself from Your Account for a period of time as chosen by You, provided the suspended Account does not remain inactive for a period of three (3) years, which would result in Your Account being a Dormant Account. Time Out options include one (1) day, one (1) week, two (2) months, or three (3) months. Once You opt to take a break, You will be unable to place further wagers using the Services during the time period of that break. Self-exclusion options include terms lasting six (6) months, one (1) year, five (5) years or permanent. Once You decide to self-exclude, You will immediately be logged out of Your Account and will be unable to log in for the duration of Your exclusion. Once You choose to be self-excluded, We will cancel all future game transactions and will return the Account Balance of any unused funds in your Account upon Your request via the deposit method originally used. In addition, once you have self-excluded, We will take steps to identify, and if required, remove You from the Platform if You are found to be in breach of the self-exclusion agreement, and will take reasonable steps to prevent any marketing materials, incentives or promotions from being sent to Your for the duration of the self-exclusion period.

23.2. You have the option of setting limits on the following: (i) deposits (where the amount You deposit into Your Member Account is limited over a period of time chosen You); or (ii) loss (where the amount lost (i.e., winnings subtracted from the amount spent) is restricted). The duration of the limits offered include twenty-four (24) hours, seven (7) days or one (1) month. If You set simultaneous periods (e.g., a deposit limit for a day and for a week), the lowest limit will apply. If you choose to eliminate or relax your limits (i.e., increase them or make them more lenient), this update will occur following a 24-hour cool-off period.

You may set limits and timeout periods through BetMGM’s responsible gaming pages. 

24. LIMITATIONS AND EXCLUSIONS

24.1 SUBJECT TO APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.

24.2. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 18, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. MALFUNCTION VOIDS ALL PAYS.

24.3. THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED WINNINGS), REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR 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) ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.

24.4. THE GROUP SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TO RECEIVE FUNDS FROM US OR YOUR ONLINE GAMING ACCOUNT, OR PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.

24.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

24.6. NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.

24.7. NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY ESP OR FINANCIAL INSTITUTION.

24.8. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

25. INDEMNIFICATION

You agree to indemnify, defend and hold Us, Our Group, and our and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, damages, losses or liabilities, including reasonable attorneys’ fees, made or claimed by any third party due to or arising out of your use of the Software or the Services, your connection to the Platforms or the Services, your violation of the Agreements, any misrepresentations made by You, Our use of information that You submit to Us, or your infringement of any intellectual property or other right of any other person or entity.

26. NO REPRODUCTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platforms, the Software or the Services, use of the Platforms, the Software or the Services, or access to the Platforms, the Software or the Services.

27. THIRD-PARTY WEBSITES

Although We hope that you will find the material on the Platforms informative, the material and links to third-party websites and resources that may be included on the Platforms are provided for informational purposes only. Providing links to these sites by Us 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 this Platform or any third-party website which may be accessed by a link from the Platforms, including any representations or warranties as to accuracy or completeness. Because We have no control over third- party websites and resources, You acknowledge and agree that We are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further 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 of or reliance on any such content, information, goods, or services available on or through any such site or resource.

28. NOTICES/COMPLAINTS

If You have any complaints, claims or disputes with regard to any alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event, or the manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted regarding the Services, 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. If requested by You, We will share our data sources that determine the outcome of a bet to You. Complaints may be submitted by email to formalcomplaint@on.betMGM.ca. We will work with You to resolve any dispute relating to the Services within 90 days of receiving notice from You of the dispute. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.

To the extent that You are not satisfied with Our response, or all reasonable means to resolve the complaint with BetMGM have been exhausted, You may contact iGaming Ontario at:

iGaming Ontario

90 Sheppard Avenue East, Suite 310

Toronto, Ontario M2N 0A4

Phone (Greater Toronto Area): 416-326-8283

Phone (Toll-free): 1-833-55-igame / 1-833-554-4263 (in Canada & the US only)

Email: igaming@igamingontario.ca

29. GOVERNING LAW

These Agreements shall be governed by and construed in accordance with the laws of the Province of Ontario. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Ontario for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.

30. ASSIGNMENT

We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.

31. THIRD-PARTY RIGHTS

31.1. Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements, but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

31.2. For the avoidance of doubt, each member of the Group is an intended third-party beneficiary of these Agreements.

32. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or sending You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. For material changes to the Agreements, You will be required to acknowledge acceptance of such changes. For all other changes, an acknowledgment is not required, and your continued access or use of the Services following any amendments to the agreements constitutes your acceptance of the agreements as amended. We will not change the Rules (as defined below) governing a game available on the Services during a game session, unless we notify you of the change before you place a bet. It is your sole responsibility to review the Agreements and any revisions thereto each time You use the Services.

33. ADDITIONAL TERMS FOR USE OF GAMING SERVICES

33.1. The following additional terms apply to Your use of the Gaming Please note that in the event of any conflict between this Section 33 and the remaining Sections of these Terms of Service, the remaining Sections of these Terms of Service shall prevail.

33.2. Play Money and Real Money Games

By registering for the Services, You will be able to access (through the Software (as defined above)) both ‘play money’ games and tournaments (‘Play Money Games’ or ‘Play for Free Games’ respectively) and ‘real money’ games and tournaments (‘Real Money Games’ or ‘Play for Real Money Games’ respectively), via the Services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Services, as charged by Your Internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove and/or add any Gaming Service in Our sole discretion with immediate effect and without notice and We will not be liable for any such action.

33.3. Rules and Procedures of the Services

You must use the Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service. You are using those specifically set out on the on.betMGM.ca online site, including but not limited to the Promotions section, Tournaments section, Games Instructions & Rules section, the Refer-a-Friend section, the How to Play section, Table Stakes, Tournaments, Tournament Rules, and any other page that specifically relates to and governs any particular event, game or tournament (‘Rules’).

33.4. Anti-Cheating Policy

We are committed to preventing the use of unfair practices in the Services, including but not limited to cheating and player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software, automated computerized software (including, but not limited to, any software programs to automatically participate in game play (i.e., BOTs)) or other equivalent mechanism, or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). We will take measures to detect and prevent the use of such unfair practices and the use of AI Software (including but not limited to by reading the list of currently running programs on a player's computer). You agree to not be involved in any cheating or any fraudulent, collusive, fixing or other unlawful activity in relation to Your or a third parties’ participation in any of the Services, including, without limitation, by acting unfairly towards another player of the Services, and to not use any AI Software or any such programs. You must notify Us of any activities related to collusion and cheating, including, without limitation, the suspected use of any AI Software, in accordance with Our reporting procedures. We will investigate any reported incidents of collusion or cheating made by You. If requested by You, We will provide You with information about Our policies and procedures to deter, prevent and detect unfair behavior, cheating and collusion, including, without limitation, the suspension or disabling or accounts and any recovery of funds.

Go to Our Unfair Advantage Policy for more information on our commitment to preventing the use of unfair practices in the Services.

33.5. Shared Games, Table and Database Platform

We reserve the right, but are not obliged, to run and utilize a shared table, server and database platform or system (‘Shared Game/Table Platform’) which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the Terms of Service of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.

33.6. Play Money and Real Money Account Funding

‘Play money’ funds have no value and are kept separate from ‘real money’ funds. They are not transferable to a ‘real money’ account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.

33.7. Settlement of In-Game Disputes

You fully accept and agree that random number generator (‘RNG’) software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.

33.8. Statistics and Live Scoring

From time to time Our website and mobile app may display game times, scores, statistics, results, and other information relating to games, matches, or events, including, without limitation, “live” scores, statistics and times displayed as part of a live-streamed event or scoreboard. All such information is unofficial, is provided for informational and entertainment purposes only, and should not be relied upon by patrons for any purpose. It is the patron’s responsibility to independently verify all such information. BetMGM nor its third-party providers warrant or make any representations of any kind with respect to any such information transmitted or made available via Our website and mobile app. BetMGM and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted or made available via Our website and mobile app, and shall not be responsible or liable for any error or omissions in that information.

34. Membership of Our VIP Program

We may offer, withdraw, revoke and/ or amend the terms of any membership of Our VIP program at any time. For the avoidance of doubt, membership of Our VIP program is at Our sole discretion and Your status as a member of Our VIP program may be altered by Us at any time.

PLEASE PRINT THESE TERMS OF SERVICE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

If You have any questions, please contact Our 24/7 Customer Care Team.

Effective April 18, 2022.