- COMPLIANCE STATEMENT
- ELIGIBILITY TO PLAY
- SESSION COMPLETION
- AVAILABILITY OF EGAMES
- PASSWORD RESPONSIBILITY
- MODIFICATION OF TERMS AND CONDITIONS
- REPRESENTATIONS & WARRANTIES BY PLAYERS
- COLLUSION, CHEATING AND FRAUD
- DISCLAIMER OF LIABILITIES
- JURISDICTION AND OPERATION
- CODE OF ONLINE CONDUCT
- PAYMENTS FOR VIRTUAL CREDIT
- PROMOTIONAL OFFERS
- FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS
- PLAYER RATINGS
The Chickasaw Nation is a federally recognized Indian Tribe possessing sovereign immunity from unconsented suit. The laws and regulations of the Chickasaw Nation govern this Agreement and your use of this website. By using this Website you consent to the jurisdiction of the Chickasaw Nation Courts and its regulatory bodies and acknowledge that the Chickasaw Nation is the exclusive venue for disputes arising under this agreement or the use of the Website.
Except as otherwise provided, the Chickasaw Nation Department of Commerce shall be referred to as “Chickasaw Nation”, “us”, “we” or “our” and you are referred to as “you” or “your”.
This website, the eGAMES available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted in a secure data center located within the 18 U.S.C.§1151 Indian Country of the Chickasaw Nation within the jurisdictional boundaries of the Chickasaw Nation.
2.1 Free Play
This website and the eGAMES offered herein, are made available to eligible customers on a free-to-play basis and customers may elect to purchase additional virtual credits for their convenience and at their discretion. There is no distinction made in any eGAME between freely issued virtual credits and those purchased for convenience.
2.2 No Prizes
The eGAMES offer no monetary prizes or anything else that has independent monetary value.
2.3 Other Compliance
You may be awarded amounts of notional currency or virtual goods (collectively referred to in these terms and conditions as “Virtual Credits”) which can be used in order to access and play the eGAMES. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the eGAMES. Virtual Credits awarded to or purchased by you cannot be withdrawn, transferred, refunded or shared in any way. Furthermore, Virtual Credits cannot be translated into money or anything of monetary value, any such attempt will be null and void.
You cannot win money or money’s worth from your use of the eGAMES in any manner whatsoever and accordingly this website is not enabled for Internet gaming nor does this website offer real money Internet gaming in any form or format whatsoever.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Credits on the website, you hereby accept that you have no right or title in or to any such Virtual Credits and that we have the absolute right to manage, regulate, remove, control, modify and/or eliminate such Virtual Credits as we see fit and neither Chickasaw Nation nor its employees, contractors, and affiliates shall have any liability to you or anyone for the exercise of such rights, except as may be required by any applicable law or regulation.
3.1 This website and participation in the activities on this website is restricted as follows:
You must be 18 years of age to play;
You must reside within the United States;
You are not eligible to participate if you have been barred from Chickasaw Nation Gaming Facilities pursuant to an Order from the Chickasaw Nation Gaming Commissioner;
You are not eligible to participate if you have self-excluded yourself from the Chickasaw Nation Gaming Facilities and such self-exclusion has not been lifted by an appropriate order from the Chickasaw Nation Gaming Commissioner.
Participation must be legal and not prohibited by the state or jurisdiction in which you reside.
Unauthorized use will result in the deletion of the player account and the deletion of all virtual credits accumulated in the account. Player information is subject to verification; the Chickasaw Nation in its sole discretion may deny you access to the website if your eligibility to play cannot be verified.
The Chickasaw Nation does not consent to the laws or courts of any jurisdiction outside of the Chickasaw Nation.
Based on a decision issued by the United States Court of Appeals for the Ninth Circuit on March 28, 2018, residents of the state of Washington are ineligible to participate in the activities and eGAMES offered on this website. In the event you circumvent any systems or procedures employed by WinStar or its designees to prevent access by residents of the state of Washington, your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.
4.1 The eGAMES found on www.winstaronlinegaming.com are a mixture of:
> Person-to-person or multi-player games; and
> Single-player games.
4.2 You accept and recognize that the eGAMES are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of currency or goods for any particular eGAME outcome.
5.1 After a one player eGAME begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason or the eGAME window is closed.
5.2 In the event of a multi-stage single-player eGAME where there is still active play of Virtual Credits on the table, the eGAME state may be stored and resumed at a later date.
After a person-to-person eGAME begins, it will continue until:
> you win;
> you lose;
> you resign; or
> your connection is terminated for any reason in which case you will be deemed to have lost the eGAME if you cannot reconnect to the eGAME while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection certain eGAME will allow your session to resume and you will be able to login to the website, re-launch the eGAME and continue playing. If you do not re-connect to continue an interrupted eGAME within thirty (30) days your Virtual Credits for such interrupted eGAME will be deducted or forfeited in the sole and absolute discretion of the Chickasaw Nation.
5.3 In the event that:
> a disconnection occurs; or
> you close the eGAME-lobby window (which closes all eTABLES); or
> you close the eGAME-table window,
your eGAME will be paused and your opponent notified of your disconnection. If you log back in and re-enter the eGAME lobby within two (2) minutes you will be given the opportunity to rejoin your eGAME table (the “Disconnect Protection”). If you do not reconnect within the two minute period your opponent will be deemed the winner and your Virtual Credits or Virtual Credit-liability will be deducted or forfeited.
5.5 Our software will attempt to detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the eGAME. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual eGAME lobby or virtual eTABLES may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the website.
5.6 In the unlikely event a real eGAME in progress is cancelled solely due to technical issues of our website, both players will be automatically refunded their Virtual Credit buy-ins, regardless of the players’ standing when the eGAME was stopped. We reserve the right to render final decisions on all matters concerning eGAME terminations or stoppages or other eGAME determination issues, at our sole discretion subject to any applicable laws and regulations. Refunds may be communicated via electronic mail or via the website.
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend an eGAME.
7.1 It is your responsibility to safeguard your account access details from any unauthorised use and we recommend that you change your password on a regular basis. You also agree that you will not lend or transfer your account login details to any third party. You shall fulfill all commitments made on your account in the course of using the website and be responsible for all communication from your account with us.
7.2 We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the website www.winstaronlinegaming.com (Social Casino), we will not be responsible and will not be held liable for any claims regarding your account.
The terms and conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the "Terms and Conditions" section of this website. You should check the website from time to time to review these terms and conditions because they are binding on you and your account. By your continued play and maintaining an account you agree to the terms and conditions of this website.
By doing any of the following things:
> entering the website;
> opening and using an account on the website; and
> playing eGAMES on the website,
you hereby represent, warrant and certify all of the following:
> you are not required to participate in the eGAMES;
> participation in the eGAMES, if elected by you, is at your sole option, discretion and risk;
> you fully understand, agree to, become a party to and shall abide by all rules, and regulations of the Chickasaw Nation as well as those terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
> you have the full, complete and unrestricted legal right to participate in the eGAMES and your participation in the eGAMES is not prohibited in your jurisdiction or by any other local rule, regulation or law;
> you are at least 18 years of age and an "adult" (as that term is legally defined within the jurisdiction in which you are playing from) or the age necessary to participate in the eGAMES, if the jurisdiction within which you playing from requires you to be over a certain age;
> you only have one account, username and password with Chickasaw Nation for all of the websites run by us and understand that your account may be closed if you are deemed to be operating more than one account or username, or as otherwise set out under these terms and conditions;
> you shall not allow any other person or third party including, without limitation, any minor, to participate in eGAMES; use or reuse your account; access and/or use any materials or information from the website.
> you understand that you obtain no rights to any trade names, terms, graphics, text, concepts or methodologies of Chickasaw Nation, its contractors, or affiliates by using the website and the material contained therein;
> your interest in any eGAME and the website is personal, and not professional;
> your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;
> you play the eGAMES entirely at your own risk.
> you shall periodically review these terms and conditions posted within the "Terms and Conditions" section of the website;
> you shall not participate in the eGAMES, open, use or reuse an account nor enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein, and as may change or be amended from time to time;
> you do not find the eGAME or the website to be offensive, objectionable, unfair or indecent;
> you understand that you will receive direct mailings and/or emails informing you of news and information relating to www.winstaronlinegaming.com (Social Casino), the eGAMES and/or the land-based casino properties related to Chickasaw Nation from time to time. You can unsubscribe from the emails at any time by following the direction on the website.
> we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the eGAMES nor shall any of our employees, licensees, distributors, wholesalers, members, parents, affiliates, related parties, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
> you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of eGAMES. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in accord with our Code of Online Conduct set out at Section 16 below. If you do so you will hold Chickasaw Nation, its contractors or affilitates harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your Account and your access to any eGAMES for any violations of these conduct terms in our sole discretion;
> you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
i) decline to accept the registration of any person, including you, to this website;
ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
iii) may cancel or expire all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated pursuant to your breach of these terms and conditions as determined in our sole and absolute discretion. You acknowledge such Virtual Credit winnings as forfeited;
iv) actively scan eGAMES on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing eGAMES. We reserve the right to retrospectively cancel or expire all Virtual Credit promotional credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries or wagers where we have detected, on review of customer's gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated; and
(v) retire, cancel or expire any Virtual Currency upon either the end of operating eGAMES on the website or upon the replacement of the current Game system on the website with a different Game system on the website.
10.1 If you suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to email@example.com identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.
10.2 We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Virtual Credit balance of your account and in doing so recover from your account the amount of any Virtual Credit if:
> you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
> we become aware that you have undertaken Virtual Credit gaming with any other online provider of Virtual Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;
> we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Virtual Credit purchasing transactions made on your account;
> you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
> you violate or promote the violation of any applicable laws or regulations or these terms and conditions
10.3 If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
10.4 Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.
10.5 Employees of Chickasaw Nation may take part in the use and enjoyment of this website including the purchasing of Virtual Credits and participation in promotions unless they are not able to participate due to the conditions of such promotion, or where restricted by applicable law or regulation, or as limited by the terms of their employment.
10.6 You may not register or play any eGAME if you or a member of your household, are or have ever been, an employee of a Chickasaw Nation website service provider or affiliated companies related to the provision of this website or free play eGAMES.
11.1 Under no circumstances, including but not limited to, negligence, shall Chickasaw Nation, a contractor, nor their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this website.
11.2 The materials in this website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
11.3 We are not under any obligation to provide the website, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same.
11.4 We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.
We are not responsible for:
i) technical, hardware, software, telephone failures of any kind;
ii) lost or unavailable network connections;
iii) incomplete, garbled, or delayed computer transmissions; and/or
iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website, whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
11.5 We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.
11.6 We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.
11.7 We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail or any other form of communication.
11.8 We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.
12.1 Any claim relating to this website or these terms and conditions shall be governed exclusively by the laws of the Chickasaw Nation without regard to any conflict of law provisions. By using this website, you consent to the courts and regulatory bodies of the Chickasaw Nation without limit to time or event. Nothing contained herein shall be construed to waive the sovereign immunity of the Chickasaw Nation.
12.2 This website is operated from a server, or servers, owned by Chickasaw Nation and the Chickasaw Nation makes no representation that the materials or content in this website are:
> appropriate; or
> available in any location.
12.3 If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
13. We are available by email firstname.lastname@example.org to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner.
14.1 If any provision of these terms and conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be reformed by a court or tribunal to tailor such provision to be as close to the manifest intent of these terms and conditions as possible, if such term cannot be reformed, then such term shall be severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
14.2 Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.
14.3 Virtual Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the sole and final authority in determining the validity and terms of any transactions and the circumstances in which they were made.
15.1 When you chat to other persons online through our website you are required to use polite and courteous behaviour.
15.2 We require that you refrain from Abuse, whether intentionally caused or not. Abuse may include, but not be limited to, any of the following:
> using foul language or expletives in the course of Communications;
> insulting fellow players (whether in-Game or not);
> transmitting any Communications or content which could be reasonably viewed as illegal, promoting an illegal activity, promoting commercial services, libelous, defamatory, promoting cheating in games, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, is otherwise injurious to third parties or objectively objectionable, consist of or contain software viruses, links to other websites, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.";
15.3 Do not share your email address or other personal or identifying information.
15.4 Compliance with our Code of Online Conduct is a mandatory requirement of all our players who have accepted our Terms & Conditions for using and accessing the website and playing the Games. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and / or termination of your account. Suspended accounts may be re-activated at our discretion
16.1 Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, the authorization and processing of payments in return for Virtual Credits may be interrupted.
MasterCard and Visa are approved methods of payment for convenience purchases of Virtual Credits. All credit card transactions are completed on a secure encrypted link between the website’s payments gateway and the clearing bank. This payment method is free. Problems with purchases of virtual credits shall be directed to customer support at email@example.com.
17.1 You may be awarded Virtual Credit to use on the website by opening an account online and thereby automatically accepting a promotional offer.
17.2 We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Games, the website or the Virtual Credits.
17.3 As a participant in any promotion (“Promotion”) you must agree to abide by these and all specific promotional terms and conditions governing usage of the Games and the website.
17.4 Specific terms and conditions relating to a Promotion will be set out on the website under the promotions section of this website.
17.5 To the extent that the terms and conditions of a Promotion conflict with these terms and conditions, the terms and conditions of the Promotion will prevail.
17.6 We reserve the sole right to exclude or otherwise remove you from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.
17.7 Each Promotion is available only once per customer, if stated as such. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Virtual Credit being forfeited.
17.8 We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any other offers described in these terms and conditions at any time and without notice and shall not be held liable for doing so.
17.9 We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credit consequent to any promotion.
17.10 We reserve the right to vary the terms of, or terminate, a Promotion and/or to withdraw any offers described in these terms and conditions at any time and without notice and shall not be held liable for doing so.
You may not withdraw Virtual Credits from your account under any circumstances. You acknowledge that the Virtual Credit held within your account consequent to play, free issuance, and/or purchases has no monetary value and is merely a device for tracking game play and is neither money nor real currency. Your Virtual Credit balance is associated solely with your account. It may not be gifted, exchanged or in any manner transferred to another person or company.
In the event you accumulate a significant balance of Virtual Credit in your account (and materiality shall be determined at the sole discretion of Chickasaw Nation) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Virtual Credit accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:
> news articles posted online and visible to other players of the Games;
> leaderboards published on the website;
> email communications to our other customers;
> press releases intended for publication to the public; and
> advertising of your activities.
You will be charged one hundred percent (100.0%) of the real money sums advertised and paid by you in return for the convenience of immediate increases in your account's balance of Virtual Credits on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Virtual Credit is successfully processed.
Some Games on the website may retain historical information on a Customer’s performance. Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific website pages where ratings may be associated.