Effective Date: March 1, 2018
These Caesars Terms of Service apply when you access, use or visit websites owned or operated by Caesars (defined below) that display these Terms of Service including, but not limited to, dnydsw.com and caesarsrewards.com (the “Caesars Websites”), or any mobile applications that display these Terms of Service including, but not limited to, the Caesars Rewards® mobile application (the “Caesars Mobile Apps”), and when you use the services provided through the Caesars Websites and the Caesars Mobile Apps (the Caesars Websites, the Caesars Mobile Apps and these services constituting the “Service”). These Terms of Service do not govern your use of the real money gaming websites, including, without limitation, WSOP.com, HarrahsCasino.com and CaesarsCasino.com, or the website for our properties in the United Kingdom, Egypt and South Africa (http://www.caesars.co.uk/). Please visit these websites to review their respective terms of service. The Service is provided to you by Caesars Entertainment Corporation and its subsidiaries and affiliates (referred to in these Terms of Service as “Caesars,” “us,” “we,” and/or “our”). You must agree to these Terms of Service in order to use the Service. If you do not agree with these Terms of Service at any time, please cease use of the Service.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 14 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 14(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to these Terms of Service. Over time, it may be necessary to modify or supplement these Terms of Service. When we make changes, we will post the changes to the Caesars Websites and change the date at the top of the Terms of Service. The amended Terms of Service will be effective upon posting on the Caesars Websites. We encourage you to visit the Caesars Websites from time to time to review our Terms of Service in the event they have changed. Your continued use of the Service following the posting of changes to the Terms of Service means that you accept the changes and that you will use the Service in accordance with the revised Terms of Service. If we make any material changes to these Terms of Service, we will notify you of changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified Terms of Service take effect.
3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and the services available through the Service does not violate any applicable laws or regulations; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service, and you are of legal gambling age in your jurisdiction. In addition, persons under the age of twenty-one (21) are not permitted to sign up for or participate in the Caesars Rewards® loyalty program (the “Caesars Rewards Program” or “Caesars Rewards”). (Canadian residents who are nineteen (19) or older may sign up for and participate in the Caesars Rewards Program at our Canadian property, Caesars Windsor.) We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification.
4. Caesars Rewards Registration and Online Accounts
A. Caesars Rewards Membership. You are not required to become a Caesars Rewards member in order to visit and browse the Service, or to make reservations through the Service at one of the Caesars hotels and entertainment facilities that are owned, operated or managed by Caesars and featured on the Service (each, a “Caesars Hotel”). However, you will not be able to access all of the information, offers and promotions provided in connection with the Caesars Rewards Program through the Service, unless you become a registered Caesars Rewards member.
B. Caesars Rewards Enrollment. You can sign up to become a member of the Caesars Rewards Program at the Caesars Rewards Center at any Caesars Hotel. You must present a valid government-issued identification indicating that you are of legal age to gamble in the applicable jurisdiction to enroll in Caesars Rewards. You may also register for Caesars Rewards online by completing the registration process at http://dnydsw.com/program/. If you enroll online, you will not receive the full benefits of the Caesars Rewards Program, including gaming-related offers, until you present valid identification at a Caesars Rewards Center at any Caesars Hotel. If you sign up to become a member of the Caesars Rewards Program, you agree: (i) to provide true, accurate, current and complete information about yourself (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
C. Caesars Rewards Online Accounts. If you become a member of the Caesars Rewards Program, you will be able to select an online user I.D. and password that will be associated with your Caesars Rewards account. You may only create one user I.D. that will be associated with your Caesars Rewards online account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your Caesars Rewards user I.D. and password. Caesars will not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge.
D. Caesars Rewards Program Rules and Regulations. If you sign up to participate in the Caesars Rewards Program, the terms and conditions set forth in the Caesars Rewards Rules and Regulations located at dnydsw.com/myrewards/rules will apply to your participation in the Caesars Rewards Program, and you will be required to affirmatively acknowledge your acceptance of the Caesars Rewards Rules and Regulations in connection with completing your Caesars Rewards Program registration. In the event of a conflict between the terms and conditions included in these Terms of Service and the Caesars Rewards Rules and Regulations, the terms and conditions included in the Caesars Rewards Rules and Regulations will control and govern your participation in the Caesars Rewards Program.
5. Text Messages and Phone Calls. By providing your phone number to us when you make a make a reservation at a Caesars Hotel through the Service, you agree that we may, to the extent permitted by applicable law, use your phone number to call you in connection with your reservation and, if the phone number you provide is a mobile number, for text (SMS) messages, in order to assist with facilitating your reservation. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us.
6. Prohibited Activities. You agree that in connection with your use of the Service, you will not:
(i) use the Service for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
(ii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(iii) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(iv) use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
(v) use the Service to promote any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
(vi) make any speculative, false or fraudulent reservations at a Caesars Hotel, or any reservation in anticipation of demand, or any reservation that is intended for resale;(vii) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
(viii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 7) or enforce limitations on use of the Service or the Materials on the Service; or
(ix) monitor, copy, scan, review, index, mirror, ping or validate the Caesars Websites or the Materials without our prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
7. Our Intellectual Property Rights. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
8. User Feedback. By submitting any ideas, comments, suggestions or other information to us through or in connection with the Service (collectively, “Feedback”), you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Feedback in connection with the Service, our business, or the promotion of the Service or our business, in any media formats and through any media channels now known or subsequently created without any compensation to you. None of the Feedback shall be subject to any obligation of confidentiality on Caesars’ part and Caesars shall not be liable for any use or disclosure of any Feedback. You also warrant that the holder of any rights, including moral rights in any Feedback, has completely and effectively waived all applicable rights and validly and irrevocably granted you the right to grant Caesars the rights described in this Section 8.
9. Our Management of the Service; User Misconduct
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (iv) screen our users, or attempt to verify the statements of our users and/or (v) monitor disputes between you and other users or to terminate or block you and other users from violating these Terms of Service.
B. Interactions with other Users. Please choose carefully the information you post on the public areas of the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number, street address or other personal or financial information on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service.
C. Our Right to Terminate Users. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Service, or your breach of any terms between you and one of our subsidiaries or affiliates, or any applicable law or regulation. Without limiting the foregoing, we reserve the right to cancel any reservations made using the Service for fraud, dishonesty, violation of law, rules or regulations and/or abuse of complimentary rooms or offers.
10. Third Party App Stores. You acknowledge and agree that the availability of the Caesars Mobile Apps may be dependent on a third party service through which you have downloaded one of the Caesars Mobile Apps, such as the Apple App Store or Google Play Store (each, a “Third Party App Store”). You acknowledge that these Terms of Service are between you and Caesars and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading a Caesars Mobile App from it. You agree to comply with, and your license to use each applicable Caesars Mobile App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
12. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
(i) To the extent permitted by applicable law, all material or items provided through the Service are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms of Service. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.
(ii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.
B. Limited Liability. By using the Service, you agree to hold Caesars free from responsibility for any liability or damage that might arise out of your use of the Service. To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service, any Materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms of Service, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Service, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50.
C. Exceptions to Disclaimers and Liability Limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 12(A) and 12(B) may not apply to you.
13. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold harmless, Caesars, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Caesars arising out of your use of the Service. You will not be required to indemnify and hold Caesars harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Caesars’ own negligent conduct.
14. LEGAL DISPUTES AND ARBITRATION AGREEMENT
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Caesars agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 14(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If Caesars is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Caesars will make arrangements to pay all necessary fees directly to JAMS. Caesars will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Caesars if you do not prevail in arbitration.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and Caesars each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Caesars each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 14(B), 14(C), and 14(D) by sending written notice of your decision to opt-out to the following email: email@example.com. The notice must be sent within thirty (30) days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, Caesars also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 14(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 14, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Las Vegas, Nevada (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Nevada for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
15. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Sections 12, 13 or 14 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and Caesars. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
16. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 1 Caesars Palace Drive, Las Vegas, Nevada 89109. If a user has a question or complaint regarding the Service, please send an email to firstname.lastname@example.org. Users may also contact us by calling us at our toll-free number, 1-866-503-4782. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Notice to International Users. The Service is controlled and operated by Caesars from its offices in the United States. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. Digital Millennium Copyright Act Policy. We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that your copyright or other intellectual property rights have been infringed on the Service, please follow our Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement located at http://dnydsw.com/copyright-complaints.
19. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
20. Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
21. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
22. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
23. Assignment. We may assign our rights under these Terms of Service without your approval.
24. Entire Agreement. These Terms of Service constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
25. Contact Information. If you have any questions about the Service or these Terms of Service, you can contact Caesars by email at email@example.com.