Xclub® Terms & Conditions

Last Updated November 30, 2023 — The following rules (referred to as "Terms and Conditions") form the basis of participation in the PARX®/betPARX® Xclub® Rewards Program ("Xclub® Rewards" or the "Program"). These Terms and Conditions are a legal agreement between Greenwood Gaming & Entertainment, Inc. d/b/a Parx Casino® and betPARX in Pennsylvania; GW Cumberland Op Co. d/b/a Parx Casino® Shippensburg in Pennsylvania; GW NJ Sports Inc. d/b/a betPARX in New Jersey; Parx Interactive Michigan Inc. d/b/a PlayGunLake and betPARX in Michigan; Parx Interactive Ohio Inc. d/b/a betPARX in Ohio; Parx Interactive Maryland Inc. d/b/a betPARX in Maryland (collectively, "PARX" or "we" or "us" or "our"), and you or any of our other onsite, online, and mobile patrons, visitors, customers, and users who enroll in the Xclub® Rewards Program (each a "Member" or "you" or "your").

Your participation in this Program will be governed by these Terms and Conditions and you agree to these Terms and Conditions by enrolling or participating in the Program. You also agree to provide personal information in exchange for participation in the Xclub® Rewards program. It is your responsibility to read these Terms and Conditions so that you understand the Program's rules and benefits and your responsibilities under the Program. Your enrollment and/or continued participation as a Member of the Xclub® Rewards Program and/or your use of your Xclub® Rewards Card or Xclub® Rewards account constitutes your acknowledgement and acceptance of and agreement to the Program's Terms and Conditions.

ARBITRATION NOTICE - IMPORTANT PLEASE READ CAREFULLY. BY ENROLLING OR PARTICIPATING IN THE XCLUB® REWARDS PROGRAM, OR BY CHECKING OR CLICKING ANY BOX OR BUTTON OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT MODIFICATION. YOU FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE TO VARIOUS LIMITATIONS AND EXCLUSIONS INCLUDED HEREIN AND THAT ANY DISPUTES BETWEEN YOU AND PARX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THESE TERMS AND CONDITIONS, WHICH INCLUDE A MANDATORY ARBITRATION CLAUSE, A CLAUSE IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

THE XCLUB® REWARDS PROGRAM IS NOT AVAILABLE TO ANY PERSON OR ENTITY WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROGRAM. DO NOT ENROLL OR PARTICIPATE IN THE PROGRAM IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOUR RIGHTS TO PARTICIPATE IN THE PROGRAM ARE FURTHER LIMITED BY APPLICABLE LAWS AND REGULATIONS.

Card Issuance

  • Xclub® Rewards Membership is only available to those 21 years of age or older with current, valid, government-issued photo identification. Types of valid photo identification accepted include Driver's License, Passport, State Identification Cards or Military Identification. The presentation of current, valid, government-issued photo identification may also be required by PARX for any transaction under the Program, including but not limited to, benefits redemption or promotion participation. PARX may terminate any Member's Xclub® Rewards account and prohibit the Member from participating in the Program if proof of age is not provided or if PARX suspects that the Member is not at least 21 years of age. Identification acceptance is at the sole discretion of PARX and identification may be rejected for any reason. Broken, expired, altered, photocopied, or photographed identification will not be accepted. An individual will be unenrolled from the Program and forfeit all benefits accrued under the Program if it is determined at any time, at the sole discretion of PARX, that the Member is not at least 21 years of age.

  • Eligible individuals may enroll in the Xclub® Rewards Program at certain PARX websites, via certain betPARX mobile applications, at an Xclub® Rewards desk location (or at another designated or approved Xclub® Rewards location, sportsbook location, race and sports location or other location), at PARX destinations, via a participating betPARX or PlayGunLake platform (e.g., mobile application or website), or as otherwise authorized by PARX.

  • An Xclub® Rewards Card (the "Card") may be issued to each Xclub® Rewards Member, and an associated Xclub® Rewards account may be created for each Member, subject to these Terms and Conditions. Xclub® Rewards Cards are the property of PARX and must be returned to PARX immediately upon request. PARX may request return of a Member's Card for any reason with or without cause.

  • Enrollment and membership in the Program is solely for the use of the individual listed on the Program account. Only individual persons are eligible to be Members in the Xclub® Rewards Program; corporations or other entities cannot become Xclub® Rewards Members. Joint accounts are not permitted. A Member may not allow any other person to use their Card or access their Xclub® Rewards account. Benefits accrued under the Program may only be redeemed by the Member to whom the account belongs and are non-transferable, including upon death or divorce or by operation of law. Xclub® Rewards Cards, Xclub® Rewards accounts, and/or their respective benefits cannot be combined among Members, their estates, successors or assigns. PARX is not responsible for any loss or damage arising from a Member's failure to protect their Card from use by others or for lost or stolen Cards, including any resulting misuse.

  • Each Member is responsible for selecting a confidential Personal Identification Number (PIN) for their account and/or online log-in credentials (whether accessed through a personal computer or mobile device, our websites, or other authorized electronic means), and for keeping the PIN and/or log-in credentials secure. PARX is not responsible for any loss or damage arising from a Member's failure to protect their PIN and/or log-in credentials or for lost or stolen PINs or credentials, including any resulting misuse by a third party through the Member's account. Each Member is responsible for all transactions on their account when their confidential PIN or log-in credentials are used. A Member is required to present valid, government-issued photo identification bearing the same name as stated on their Xclub® Rewards Card when requesting that their confidential PIN be reset or changed.

  • Duplicate Xclub® Rewards Cards may be issued to a Member with proper identification. Neither the Xclub® Rewards Program nor PARX is responsible for lost or stolen Xclub® Rewards Cards. Lost or stolen Xclub® Rewards Cards may be deactivated by PARX upon Member request or at PARX's discretion. The number of concurrently active Cards may be subject to limits set by PARX.

  • A Member may not transfer, sell, purchase, trade or barter an Xclub® Rewards Card, Xclub® Rewards account, food and beverage offers, entertainment offers, or any other Membership benefit to another individual. Violators of this rule are subject to termination of their Xclub® Rewards account and membership, forfeiture of all benefits under the Program, and may be liable for damages and litigation costs, including any attorneys' fees PARX incurs in enforcing this rule.

  • PARX is a Member of the American Gaming Association and adheres to its Code of Conduct for Responsible Gaming. Persons who are currently entered into state-sponsored self-exclusion programs in Maryland, Michigan, New Jersey, Ohio, Pennsylvania, or in any other jurisdiction where PARX may operate in the future (or who are otherwise prohibited from participating by applicable law) are not eligible to be Members in the Xclub® Rewards Program.

  • PARX employees are not eligible to be Members in the Program. Individuals who have been evicted from a PARX destination or the betPARX or PlayGunLake platform(s), or are otherwise excluded from PARX, betPARX, or PlayGunLake are ineligible to participate in the Program.

  • By enrolling in the Xclub® Rewards Program and/or using your Card, Members consent to, and agree that any information provided and/or collected in connection with the Xclub® Rewards Program is subject to, the terms of the PARX Privacy Policy (which is available at https://www.parxcasino.com/privacy, https://pa.betparx.com/privacy, https://nj.betparx.com/privacy, https://oh.betparx.com/privacy, or https://md.betparx.com/privacy, as applicable) and consent to the sharing of their personal information and other data in accordance with the PARX Privacy Policy. Information you provide about yourself and/or related to your participation as a Member in the Xclub® Rewards Program will be used to set-up, administer, and/or maintain the Program and your Xclub® Rewards account, or to provide and/or offer benefits and rewards to you. Subject to applicable legal requirements, Members also consent to receiving promotional and informational communications from PARX and its/their parent companies, subsidiaries, affiliates, and partners including its betPARX/PlayGunLake-branded gaming platforms. Members may opt-out of receiving marketing emails and direct mail communications from (and/or opt-out from the sharing of personal information for such marketing with) PARX, PARX's partners, and/or other third parties, or may update their preferences regarding such promotional communications and sharing by contacting Xclub® Rewards Member Services.

  • Each Xclub® Rewards Member is responsible for complying with applicable laws. If participating in the Program would result in a Member violating any law, rule, regulation, or order, then the Member is ineligible to participate. PARX may terminate any Xclub® Rewards Member's account and, at PARX's sole discretion, withhold or confiscate all or a portion of any of a Member's Xclub® Rewards Program benefits if the Member is found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice, or to be violating or promoting the violation of any applicable law, rule, regulation, or order.

  • A Member may be unenrolled from the Program and forfeit all benefits accrued under the Program if it is determined at any time, at the sole discretion of PARX, that the Member is ineligible to participate in the Program for any reason. Any benefits that Members receive through the Program are non-transferrable, and if any Program benefits are forfeited due to a violation of these Terms and Conditions, such benefits shall not be redeemable.

Xclub® Rewards Card Usage and Accumulation of Benefits and Rewards

  • Xclub® Rewards Program benefits include, but are not limited to: (1) points accumulated based on eligible onsite and online gaming play, which points determine your Xclub® Rewards Card level and what gifts or promotional offerings may be available to you ('Tier Points'); (2) coins earned for eligible online gaming play that can be redeemed in exchange for certain merchandise or promotional offerings, as offered by the Program and available from time to time ('betPARX Coins'); (3) virtual currency earned for eligible onsite gaming play that can be redeemed in exchange for certain merchandise or promotional offerings, as offered by the Program and available from time to time ("Cash Comps"); (4) various other promotions, discounts, and other rewards as offered by the Program and available from time to time.

  • Xclub® Rewards benefits are based on a Member's eligible gaming play. Eligible onsite gaming play includes slots, table games, electronic table games, poker, and video poker. Eligible online gaming play includes slots, table games, and sports betting. The forms of onsite and/or online eligible gaming play may be added to, subtracted from, or otherwise amended at any time for any reason with or without notice to Members at the sole discretion of PARX.

  • Xclub® Rewards benefits are based on gaming play only at participating PARX properties with presentation or use of a Member's Xclub® Rewards Card and/or online gaming play using a betPARX gaming account linked to a Member's Xclub® Rewards account. Participating PARX properties include Parx Casino® and Parx Casino® Shippensburg. The list of participating properties may be added to, subtracted from, or otherwise amended at any time for any reason with or without notice to Members at the sole discretion of PARX.

  • For information regarding the rate at which gaming play earns Tier Points, betPARX Coins, Cash Comps, or any other Xclub® Rewards benefits, please consult the Program brochure available at participating PARX properties or online at parxcasino.com and betparx.com. The rate at which gaming play earns Tier Points, betPARX Coins, Cash Comps , or any other Xclub® Rewards benefits is subject to change at any time for any reason with or without notice to Members at the sole discretion of PARX.

  • Xclub® Rewards benefits will not accumulate on any free slot play coupons, free table play vouchers, match play, promotional chips, or any other free or promotional play.

  • PARX reserves the right to restrict specific slot machines, online slot games, video poker terminals, table games, electronic table games, online table games, sporting or other wagering events, or any other gaming activity or device from accumulating Xclub® Rewards benefits.

  • Any Xclub® benefits earned from a voided sports wager or an event that does not take place, from a malfunctioning slot machine or other defective electronic gaming terminal, and/or from erroneous table games or poker ratings, are subject to forfeiture. Any Xclub® benefits earned from online gaming play using a betPARX account subject to a chargeback are subject to forfeiture. Any Xclub® benefits earned as a result of any form of collusion or fraudulent practice, or the suspicion thereof, are subject to forfeiture.

  • To ensure proper recording and accumulation of Xclub® Rewards benefits including, but not limited to, Tier Points and Comps Cash for onsite electronic gaming, including but not limited to slot machines, electronic table games, or video poker, each Xclub® Rewards Member must properly insert their Xclub® Rewards Card into the slot machine, video poker terminal, electronic table game, or other authorized device prior to play. It is the responsibility of the Member to ensure that such Member's Xclub® Rewards Card is inserted properly in the machine. Xclub® Rewards benefits will not accumulate for electronic gaming activity where the Xclub® Rewards Card was not inserted properly in the machine prior to the activity.

  • To ensure proper recording and accumulation of Xclub® Rewards benefits, including, but not limited to, Tier Points and betPARX Coins, through the betPARX online platform, each Xclub® Rewards Member must ensure their betPARX account is linked to their Xclub® Rewards account prior to play. It is the responsibility of the Member to ensure that such Member's Xclub® Rewards account is properly linked to their betPARX account. Xclub® Rewards benefits will not accumulate for online gaming activity where the Xclub® Rewards Card was not properly linked to the appropriate Member's betPARX account prior to the activity.

  • To ensure proper recording and accumulation of Xclub® Rewards benefits including, but not limited to, Tier Points and Comps Cash, for onsite table gaming or poker activity, each Xclub® Rewards Member must present their Xclub® Rewards Card to a PARX table games or poker dealer or pit supervisor prior to table games or poker play. It is the responsibility of the Member to ensure their Xclub® Rewards Card is properly presented. Xclub® Rewards benefits may not accumulate for onsite table gaming or poker activity where the Xclub® Rewards Card was not presented prior to the activity. As a condition of receiving benefits for table gaming activity, Members agree that such benefits are accumulated based on the personal observation of PARX employees, which is subject to error. The determination of PARX shall be final with respect to any disputes or discrepancies as to benefits accumulation for onsite table gaming or poker activity.

  • Members may achieve different levels for their Xclub® Rewards Card based on their accumulation of Tier Points. The Tier Points required to qualify for each level of the Xclub® Rewards Card are as follows:

    Players Card Level: 0-999 Tier Points
    Premium Card Level: 1000-7499 Tier Points
    Elite Card Level: 7500 or more Tier Points
    Elite Royal Card Level: Invitation only at the sole discretion of PARX

  • Upon enrollment in the Program, a Member starts at the Players Card Level. Players Card Level does not expire until your Card or Program account is no longer active or until you are no longer enrolled in the Program. A Member is eligible for and will obtain an upgrade in the level of the Member's Card when they accumulate sufficient Tier Points for the next level. Upon reaching a particular Card level above the Players Card Level, that upgraded Card level will expire six (6) months from the date it is obtained unless the Member accumulates sufficient Tier Points during that 6-month period to again obtain the same Card level or a higher level. In the sole discretion of PARX, special offers and promotions may be offered to certain Members whereby the applicable Card level of such Members expires in greater or less than 6 months, and/or where the applicable Card level may be subject to certain other limitations or requirements.

  • betPARX Coins and Comps Cash are valid until they expire. betPARX Coins expire upon sixty consecutive days without eligible online gaming play by the Member. Comps Cash expire 180 days after they are earned.

  • PARX will make efforts for Xclub® Rewards benefits to post to a Member's account in real time; however, Xclub® Rewards benefits including, but not limited to, Tier Points and betPARX Coins, may take up to one (1) week after a wager is placed or rating is closed to record on a Member's Xclub® Rewards account and/or be available for redemption.

  • All accumulation of Xclub® Rewards benefits including, but not limited to, Tier Points, betPARX Coins, and Comps Cash is subject to review and verification by PARX at any time. The accumulation of Tier Points, achievement of Xclub® Card levels, and/or earning of betPARX Coins is within the sole discretion of PARX and may be rejected at any time for any reason.

  • A Member's accumulated Tier Points, betPARX Coins, and Comps Cash shall be subject to forfeiture if the Member's Xclub® Rewards account does not reflect any activity for a period of six (6) months.

Redemption of Benefits and Rewards

  • A Member may be required to present valid government-issued photo identification bearing the same name as stated on their Xclub® Rewards Card in order to redeem rewards, including Tier Points, betPARX Coins, Comps Cash, and any other Xclub® Rewards benefits, such as participating in any Xclub® or other casino promotions. See Rule 1 for further information regarding identification requirements.

  • betPARX Coins may be redeemed in various ways according to a Member's election. Redemption options may vary, as offered by PARX from time to time. Redemption options may vary by participating PARX location and/or the state of redemption. Redemption options may at any time include online bonuses like Bonus Spins, Sports Bonus Bets, Casino or Sports Bonus, various items in the betPARX shop, Retail Xtra Cash, and match play. Other Member benefits may from time to time include deposit match, birthday rewards, special promotions, and promotional or event invitations.

  • Tier Points, betPARX Coins, and Comps Cash are not redeemable for certain activities and/or purchases at some participating PARX properties. For example, regulations and other legal requirements in Michigan and Ohio may restrict the redemption of Tier Points, betPARX Coins, and Comps Cash for alcohol products in those jurisdictions.

  • All redemptions of Xclub® Rewards benefits, including but not limited to Tier Points, betPARX Coins, and Comps Cash, are final unless otherwise allowed at the sole discretion of PARX management.

  • Xclub® Rewards benefits including, but not limited to, Tier Points, betPARX Coins, Comps Cash, other comps, free spins, match play, event invitations, tickets, and promotions, have no cash value and may not be redeemed or exchanged for cash unless as part of an approved Xclub® or casino promotion.

  • Any Member's redemption and/or usage of Xclub® Rewards benefits including, but not limited to, Tier Points, betPARX Coins, and Comps Cash, other comps, free spins, match play, event invitations, tickets, and promotions is/are subject to limitations determined in the sole discretion of PARX, including, but not limited to, limitations listed on the Xclub® Rewards Program website.

  • Each Member is responsible for any tax liability resulting from the accumulation or use of Xclub® Rewards Program benefits, including, but not limited to, Tier Points, betPARX Coins, and Comps Cash, other , comps, free spins, match play, event invitations, tickets, and promotions.

General Program Conditions

  • If you or another Member violates these Terms and Conditions for the Xclub® Rewards Program, including without limitation, by engaging or participating in any fraud, misrepresentation, or misuse of a Card or an Xclub® Rewards account to manipulate accumulation of rewards or misuse of Xclub® Rewards loyalty balances, by engaging or participating in other improper conduct as determined by PARX management, or if the Member has been barred from the Xclub® Rewards destination(s) or from gaming play by PARX management for business reasons that management determines are appropriate, then you or the applicable Member may be subject, without limitation, to termination of membership in the Xclub® Rewards Program, demotion of account status, forfeiture of all Program benefits including, but not limited to, accumulated Tier Points, betPARX Coins, and Comps Cash, and/or appropriate administrative or legal action by PARX or applicable governmental authorities. In addition, PARX reserves the rights to take appropriate legal action to recover damages, including its attorneys' fees incurred in prosecuting or defending any lawsuit related hereto.

  • Membership in the Program and accumulation of Xclub® Rewards loyalty balances including, but not limited to, Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits do not confer any enforceable contract or vested property rights with respect to Program benefits.

  • By participating in the Xclub® Rewards Program, you and any other Member hereby grants to PARX and its subsidiaries, affiliates, successors and assigns unconditional permission and a non-exclusive, worldwide, perpetual, fully paid-up and irrevocable right and license to use such Member's name, photograph, information, likeness, and other identifiable features or characteristics from any recordings or photographs taken in connection with your enrollment in and use of the Program (collectively, "Member Content"), for the purposes of advertising and promoting PARX's products or services, in any manner and in any medium (whether now existing or created in the future), without additional compensation, consideration, notice, review, or further consent, as PARX in its sole discretion shall deem appropriate or desirable. Members irrevocably consent to the unrestricted use of such Member Content, in perpetuity, for all purposes including, but not limited to, display, advertising, sale and trade, regardless of whether such Member Content has been altered or modified in any way whatsoever. You and all other Members waive any right, which you or other Members may otherwise have, to inspect or approve the use of your Member Content with respect to: (1) any alterations or modifications, (2) any additional material or commentary, (3) any publication regardless of whether it uses the name of the Member, no name, or a fictitious name, (4) use for the purpose of publicity, illustration, commercial art, and (5) any advertising of products or services.

Changes to the Xclub® Rewards Program

  • PARX reserves the right, in its sole discretion, to revise or modify these Terms and Conditions at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms and Conditions periodically. Your continued enrollment in or use of the Program and related PARX services after a change or modification of these Terms and Conditions has been made will constitute your acceptance of the revised Terms and Conditions. If you do not agree to these Terms and Conditions, your only remedy is to discontinue your use of the Program and related PARX services and to cancel any account you have created in connection with the Program.

  • Xclub® Rewards Members acknowledge and agree that the Program's benefits are provided at the discretion of PARX. PARX reserves the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Xclub® Rewards Program, its benefits and/or its Terms and Conditions in whole or in part, at any time, with or without notice for any or no reason. This means that PARX in its sole discretion may at any time, among other things, (1) amend, modify or withdraw any of these Terms and Conditions, (2) cancel, revoke, forfeit or change any Member's enrollment status, Tier Points, betPARX Coins, Comps Cash, or other Xclub® Rewards Program benefits and/or promotions, (3) change the value of accumulated or future Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits, (4) modify Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits balances and/or otherwise restrict the continued availability of awards, benefits, special offers or promotions, and/or (5) determine that a Member forfeit any Xclub® Rewards loyalty balances not yet redeemed for reasons PARX deems appropriate (such as, but not limited to, technical malfunction, error, fraud, violation of law or these Terms and Conditions, or any other reason). PARX may make one or more of these changes at any time even though such changes may affect a Member's comps, Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits, a Member's ability to use accumulated Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits, or a Member's ability to receive accrued Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits. PARX will make reasonable efforts to notify Xclub® Rewards Members of general Program changes that may adversely alter, diminish, forfeit or terminate Members' benefits at least thirty (30) days prior to the effective date of such changes by posting notice on the Xclub® Rewards Program site that changes have been made, except where the termination or adjustment of Member benefits is based on the Member engaging in fraud, a violation of law or these Terms and Conditions, or any other Member misconduct as determined in the sole judgment of PARX, in which case the changes may occur without notice to the Member(s). In addition, PARX may (in its sole discretion) provide notice of such changes through other means (e.g., by email or mail to the address associated with a Member's Xclub® Rewards account).

  • The Xclub® Rewards Program and PARX are not responsible for products or services offered by third parties ("Third-Party Services") that may participate in benefits, offers or special promotions provided to Members. If you or any other Member interacts with or uses any Third-Party Services related to benefits, offers or special promotions that are provided to Members, you and each such Member acknowledge and agree that PARX is not in any way responsible for such Third-Party Services or the content, products or other offerings made available through those Third-Party Services. PARX does not warrant that such Third-Party Services or any information available through them are current, accurate, reliable or error-free. PARX does not endorse any Third-Party Services, and any interaction with Third-Party Services will be subject to the conditions of use, privacy policy, and other agreements, terms or policies applicable to those Third-Party Services. You and other Members should review the privacy policies and terms and conditions of any Third-Party Services before using them. You and any other Member access and use any Third-Party Services at your own risk.

CLASS ACTION/JURY WAIVER, DISPUTE RESOLUTION, AND ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • Class and Collective Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER AND PARX AGREE THAT EITHER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION OR ARBITRATION PROCEEDING. EACH MEMBER AND PARX HEREBY WAIVE ANY RIGHT TO CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTIONS, AND SUCH WAIVER SHALL APPLY IN COURT AS WELL AS ARBITRAL PROCEEDINGS. CLAIMS BY PERSONS OTHER THAN INDIVIDUALLY NAMED PARTIES SHALL NOT BE RAISED OR DETERMINED. FURTHERMORE, UNLESS AGREED BY A MEMBER AND PARX OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH ANOTHER MEMBER'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE OR MASS ARBITRATION PROCEEDING. TO AVOID ANY DOUBT, NOTHING HEREIN ALLOWS CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ARBITRATIONS EVEN IF THE RELEVANT ARBITRATION RULES AND PROCEDURES WOULD SO PROVIDE.

  • All decisions concerning the interpretation and application or administration of the Xclub® Rewards Program and its Terms and Conditions are within the sole discretion of PARX and any dispute regarding the accumulation of Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits maintained in an Xclub® Rewards account, and/or the forfeiture of Tier Points, betPARX Coins, Comps Cash, and other Xclub® Rewards Program benefits will be reviewed by PARX. PARX's decision in any dispute concerning the interpretation and application or administration of the Xclub® Rewards Program and these Terms and Conditions will be final and binding subject to regulatory approval as required under applicable law. By enrolling in the Xclub® Rewards Program and/or using your Card, all Members acknowledge that such applicable regulatory authority may have exclusive jurisdiction over all such disputes pertaining to the Xclub® Rewards Program. The courts of the state where the dispute arose may have exclusive jurisdiction to review any regulatory decision made concerning an Xclub® Rewards dispute.

AS TO ANY DECISION THAT IS NOT WITHIN THE EXCLUSIVE JURISDICTION OF AN APPLICABLE REGULATORY AUTHORITY AS SET FORTH ABOVE, ALL MEMBERS AGREE WITH PARX TO RESOLVE ANY AND ALL DISPUTES ONLY THROUGH BINDING ARBITRATION, EXCEPT AS TO ANY CLAIMS FILED IN SMALL CLAIMS COURT, AS DESCRIBED BELOW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH MEMBER AND PARX AGREE THAT THERE WILL NOT BE A JURY TRIAL.

  • Jury Trial Waiver. EACH MEMBER AND PARX UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY for any dispute, claim or controversy arising out of or relating to the Xclub® Rewards Program; these Xclub® Rewards Program Terms or Conditions; any Member activity at any PARX property or on any PARX or betPARX website, mobile application, or gaming platform; any products or services provided by PARX or betPARX or that a Member receives from PARX or betPARX; any advertising for any such products or services; any efforts to collect amounts a Member may owe PARX for such products or services; any dispute with any PARX employees, agents, independent contractors, or vendors; and the breach, termination, enforcement, interpretation, or validity of the Xclub® Rewards Program Terms and Conditions, including the determination of the scope or applicability of the following arbitration terms (the "Agreement to Arbitrate"). In the event of litigation related to the Program or these Terms and Conditions despite such Agreement to Arbitrate, this paragraph may be filed to show a written consent to a trial by the court.

  • Agreement to Arbitrate. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. MEMBERS MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT TO ARBITRATE AND ANY DISPUTES HEREUNDER REGARDLESS OF CHOICE OF LAW PRINCIPLES OR ANY PROVISION TO THE CONTRARY HEREIN. EACH MEMBER UNDERSTANDS AND AGREES THAT THEY ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT, OTHER THAN SMALL CLAIMS COURT, OR IN FRONT OF A JURY OR AS PART OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION. PARX AND ALL MEMBERS ALSO EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:

    • Scope of Agreement to Arbitrate; Venue; JAMS Arbitration; Fee Shifting: Except for claims submitted to small claims court, any dispute, claim or controversy arising out of or relating to the Xclub® Rewards Program; these Xclub® Rewards Program Terms or Conditions; any Member activity at any PARX property; any products or services provided by PARX or that a Member receives from PARX; any advertising for any such products or services; any efforts to collect amounts a Member may owe PARX for such products or services; any dispute with any PARX employees, agents, independent contractors, or vendors; and the breach, termination, enforcement, interpretation, or validity of the PARX Program Terms and Conditions, including the determination of the scope or applicability of this Agreement to Arbitrate, shall be determined by binding arbitration in Bucks County, Pennsylvania before one neutral arbitrator. The arbitrator shall conduct the arbitration, including but not limited to any pre-hearing conferences and the hearing, using video conferencing or other remote technology. If, however, the arbitrator finds this venue to be unreasonably burdensome to a Member, the arbitration will be conducted at a new location as agreed to by the arbitrating parties or in the county in which the Member resides if the parties cannot so agree.

      Judgment on any arbitration award may be entered in any court having competent jurisdiction. This clause shall not preclude an arbitration party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. Any arbitration hereunder shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those rules exist on the effective date of this Agreement to Arbitrate, including rules 16.1 and 16.2 of those rules (the "JAMS Rules"). Nothing contained herein prevents a Member from bringing any issues a Member may have to the attention of relevant federal, state, or local government agencies or authorities with jurisdiction over such issues.

    • Individual Relief Only: Notwithstanding any other provision of this Agreement to Arbitrate, the arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

    • Seeking Arbitration; Filing in Small Claims Court: If a Member seeks to pursue arbitration, or file a small claim court action (as set forth below), a Member must first send to PARX, by certified mail, a written notice of the Member's claim ("Notice"). The Notice must be addressed to: Legal Department, 2999 Street Road, Bensalem, PA 19020, with a copy emailed to legal@parxcasino.com, and must include the Member's name, address, telephone number, and Xclub® Rewards account number. If PARX initiates arbitration or seeks to file a small claims court action, PARX will send a written Notice to the email and/or physical mailing address the Member provided to PARX. If such contact information has not been provided, PARX may also use any other reasonable means to contact the Member to provide the Notice, including by posting a message in the Member's Xclub® Rewards account. A Notice, whether sent by a Member or PARX, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The Demand is designed to allow PARX to make, if appropriate, a fair, fact-based offer of settlement if it chooses to do so within a thirty (30) day period following actual receipt of the Notice and Demand. PARX may, but is not obligated to, make a written settlement offer during that 30-day period. If a Member and PARX do not reach an agreement to resolve the claim within 30 days after the Notice and Demand are received, the party sending the Notice and Demand may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from https://www.jamsadr.com.

    • Fees and Costs: For claims of $10,000 or less pursued via arbitration proceeding—if a Member is required to pay a filing fee, after PARX receives notice that a Member has commenced arbitration, PARX will reimburse the Member for the payment of the filing fee. If this type of arbitration proceeds, PARX will also pay for any administrative fees or costs associated with the arbitration. A prevailing Member shall be entitled to reasonable attorneys' fees and costs not exceeding the value of the claim; whereas PARX will only be entitled to attorneys' fees and costs as a prevailing party if otherwise provided by a statute or rule of law.

      For claims exceeding $10,000 pursued via arbitration proceeding—the payment of all administrative fees and costs associated with the arbitration will be governed by the JAMS Rules. If this type of arbitration proceeds, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs.

      As to any arbitration, if the arbitrator determines that a claim was filed for purposes of harassment or is frivolous, the non-prevailing party shall reimburse the prevailing party for any administrative fees or costs associated with the arbitration, as well as for the prevailing party's reasonable attorneys' fees and costs.

    • Hearing: The parties may choose to conduct the arbitration solely on the basis of documents submitted to the arbitrator or through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules.

    • Injunctive Relief: Notwithstanding anything contained herein, each Member and PARX agree that the parties may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate.

    • Awards: In any arbitration hereunder, the arbitrator is not empowered to award (i) punitive or exemplary damages, except where permitted by statute, or (ii) incidental, indirect or consequential damages, including damages for lost profits. Each Member and PARX waive any right to recover any such damages. At the outset of the arbitration, the parties shall consider agreeing to the JAMS Arbitration Appeal Procedures with respect to any final award in an arbitration hereunder, but are not required to do so. Any such procedures will be implemented only by mutual agreement according to the JAMS Rules. An arbitration award and any judgment confirming it apply only to that specific arbitration; it cannot be used in any other proceeding except to enforce the award itself.

    • Confidentiality: Each Member and PARX shall maintain the confidential nature of the arbitration and any award arising therefrom, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

    • Small Claims Court: For claims within the jurisdictional limit of a small claims court in the state encompassing a Member's billing address, either the Member or PARX can choose to bring an individual action in small claims court instead of proceeding to arbitration. Also, if the claims in any Notice and Demand for arbitration could have been brought in small claims court, then either the Member or PARX may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that choice in writing. If this provision is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration. In no way will this provision allow a Member to proceed in a representative capacity or for an action or arbitration to be brought as a class, representative, collective, or mass action, as set forth above.

    • Mass Filings of Individual Arbitrations: If twenty-five (25) or more Notices and Demands are submitted that raise similar claims, or if counsel for the Members bringing such claims are the same or coordinated, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the Members and counsel for PARX shall select five (5) cases each (ten (10) cases in total) to proceed first in arbitration in a Bellwether Proceeding. The remaining cases shall not be filed in arbitration until the first 10 have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Bellwether Proceeding, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding. This process may continue until the parties are able to resolve all of the claims, either through settlement or arbitration. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitrations.

    • Savings and survival: If a court or arbitrator having jurisdiction finds any portion of this Agreement to Arbitrate unenforceable, that portion shall not be effective and the remainder of the Agreement to Arbitrate shall remain effective. No waiver, express or implied, by a Member or PARX of any breach of or default hereunder will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement to Arbitrate shall survive termination of a Member's enrollment or membership in the Xclub® Rewards Program and even after the Member has stopped receiving services or products from PARX.

    • Limitation on Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action that a Member may have arising out of or related to the Xclub® Rewards program or these Terms and Conditions must be commenced within one (1) year after such claim or cause of action arose or be forever barred.

  • If it is determined that the Xclub® Rewards Program has improperly denied a credit, benefit or award to a Member, the Member's sole and exclusive remedy shall be the issuance of the improperly denied credit, benefit, or award if available, or such other alternative comparable benefit as determined by PARX, which shall not have additional liability whatsoever.

  • TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, TRANSMISSION OR PROVISION OF THE PROGRAM (COLLECTIVELY, THE "PARX ENTITIES") BE LIABLE TO ANY MEMBER, OR ANYONE CLAIMING THROUGH A MEMBER, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE OR PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR INTANGIBLE DAMAGES), WHICH ARE CLAIMED TO ARISE OUT OF THE ACTS OR OMISSIONS OF XCLUB® REWARDS PROGRAM MANAGEMENT, ANY PARTICIPATING XCLUB® REWARDS DESTINATION IN CONNECTION WITH THE PROGRAM, OR ANY OTHER MATTER RELATED TO THESE TERMS AND CONDITIONS, THE PROGRAM, OR ANY RELATED PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY APPLICABLE PARX ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE PARX ENTITIES' TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER MEMBER OF THE PROGRAM FOR DIRECT DAMAGES OR OTHER LOSSES ARISING OUT OF ANY MATTER RELATED TO THIS AGREEMENT, THE PROGRAM, OR ANY RELATED PRODUCTS OR SERVICES SHALL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID TO THE PARX PARTIES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

  • To the fullest extent permitted by law, the Member agrees to fully defend, indemnify and hold harmless PARX for, from and against any and all claims, demands, liabilities, judgments, losses, damages, awards, costs and expenses (including, without limitation, attorneys' fees, court costs, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) for which PARX may suffer or incur by reason of bodily injury or harm (including death) to any person or property damage, or other loss of whatsoever kind or nature arising out of or in any manner connected with: (a) the Member's enrollment or participation in or use of the Xclub® Rewards Program or any products or services related thereto, (b) the Member's violation of these Terms and Conditions, (c) the use of the Member's account by any third party with access to such account, if applicable, and/or (d) the Member's violation of any applicable law. If indemnification for PARX's negligence or other level of liability is expressly prohibited by law with respect to bodily injury or property damage, such indemnification and defense shall continue until it is conclusively established by a court of competent jurisdiction that: (1) PARX is solely liable for causing the bodily injury or property damage alleged; and (2) PARX is liable for causing any part of the bodily injury or property damage for which defense and indemnification is sought. PARX reserves the right to take exclusive control and defense of any indemnified claim. In such event, the Member agrees to provide PARX with any reasonably requested cooperation. Each Member's indemnification obligations under this paragraph shall survive the termination of these Terms and Conditions and/or the Member's enrollment in the Program.

Miscellaneous Provisions

  • The laws of the State of Delaware shall govern the validity, construction and interpretation of these Terms and Conditions of the Xclub® Rewards Program. No effect shall be given to any state choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.

  • If any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

  • These Terms and Conditions are personal to the Member and may not be assigned. These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries.

  • These Terms and Conditions constitute the entire agreement between PARX and each Member with respect to the Xclub® Rewards Program and supersede all previous and contemporaneous agreements, proposals and communications regarding such subject matter, whether written or oral.

  • Xclub® Rewards Members may contact PARX Customer Service team with any questions, complaints, or disputes relating to these Terms and Conditions, the Xclub® Rewards Program, or any related services, at participating PARX properties or betparx.com.

  • Xclub® Rewards Members may request their personal Win/Loss Information Statement at participating PARX properties or by logging into their account at parxcasino.com or betparx.com.

  • PARX cares about the welfare of its guests and encourages players to play responsibly and only within their means. Upon request, PARX will provide information and tools to help its patrons gamble responsibly and within their limits. If you or someone you know has a gambling problem or concerns with gambling responsibly, please call the 24-hour Problem Gambler's Helpline at 1.800.522.4700, or call 1.800.GAMBLER (in Pennsylvania, New Jersey, or Maryland), 1.800.270.7117 (in Michigan), 1.800.589.9966 (in Ohio) or visit https://www.ncpgambling.org (national), https://www.pacouncil.com (in Pennsylvania), https://www.mdgamblinghelp.org (in Maryland), or https://ohio.gov/responsible-gambling (in Ohio) for help. Please play responsibly.

1 At this time, Xclub® Rewards benefits based on onsite gaming play will accumulate separately from Xclub® Rewards benefits based on online gaming play. Members who participate in the Xclub® Rewards Program both onsite and online will earn Xclub® Rewards benefits for all eligible gaming play as set forth in these Terms and Conditions, but benefits will accumulate in two separate pools, with benefits based on onsite gaming play eligible only for onsite-based rewards and benefits based on online gaming play eligible only for online-based rewards. It is expected that Member's separate onsite and online benefits pools will be integrated with one another in 2024. Once integrated, Xclub® benefits will be available for all Program rewards whether based on onsite or online gaming play, except as provided by the terms of a specific sweepstakes, event, contest, or other promotion.