Terms and Conditions

1. INTRODUCTION

• Please read these Terms and Conditions carefully before using this website. By using this website, you agree to accept and be bound by these Terms and Conditions as between you and Marina District Development Company, LLC d/b/a Borgata Hotel Casino & Spa, located at 1 Borgata Way, Atlantic City, New Jersey 08401 (“Borgata,” “we,” “our” or “us”). If you do not agree to these Terms and Conditions, do not use this website.
• This website is provided by Borgata, in partnership with GAN, a trading name for GameAccount Network PLC. All content contained on this website is copyright (c) 2018 GameAccount Network PLC, a company based in London, United Kingdom with its U.S. office address at Suite 125, 10801 W.Charleston, Las Vegas, Nevada, 89135 (“GAN”).
• This website, the games available on it (the “Game” or “Games”) and the underlying software and hardware platform is wholly hosted by GAN in a secure data center in Nevada.

2. COMPLIANCE STATEMENT

• 2.1       Free Game Play

• This website and the Games 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 game between freely issued Virtual credits and those purchased for convenience.

• 2.2       No Prizes

• The Games offer no monetary prizes or anything else that has independent marketable value.  However, as set forth in Section 22, certain monetary prizes (or prizes with independent marketable value) may be awarded in tournaments pursuant to separate tournament rules.

• 2.3       Other Compliance

• You may be awarded amounts of notional currency or virtual goods (together referred to in these Terms and Conditions as “Virtual Credits”) which can be used in order to access and play the Games. 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 Games. Virtual Credits awarded to or purchased by you cannot be withdrawn, transferred, refunded or shared in any way. Furthermore, Virtual Credits cannot be exchanged, translated, or converted into real money or money’s worth.
• You cannot win real money or money’s worth from your use of the Games 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 Borgata nor GAN shall have any liability to you and anyone for the exercise of such rights, except as may be required by any applicable law or regulation.

3. ELIGIBILITY TO PLAY

• 3.1       This website and participation in the activities on this website is restricted in certain circumstances. Participation in the activities and games is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. Any Games that are made available to play online are additionally only open to individuals who are 21 years of age or  older. You cannot play under any circumstances if you are not at least twenty one (21) years of age; minors may not play.   The website is for use within the United States by those 21 years old or older.  Any use by anyone else is prohibited and may result in (1) suspension of the account, (2) deletion of the account, or (3) voiding of any award of any Virtual Credits.
• 3.2       In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 21 years or over. Where we are unable to verify that you are 21 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Borgata in our sole discretion. If we are unable to confirm that you are aged 21 or over, then we will not be able to open an account for you until satisfactory proof of your age is provided.
• 3.3       With respect to players who reside outside the United States, you may not seek to register and/or open an account within this website and in the event you circumvent the technical blocking systems employed by Borgata, or its designees, to prevent access by residents of countries outside the United States your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.
• 3.4       Borgata and its designees reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within 30 days of a request by Borgata and in the event you fail to produce evidence of your identity we reserve the right to close your Account and cancel or expire or confiscate all Virtual Credits in your Account.

4. GAMES

• 4.1       The Games found on www.borgatafreecasino.com, located under the navigation menu, are a mixture of:
•     > Person-to-person or multi-player games; and
•     > Single-player games.
• 4.2       You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency or goods for any particular game outcome.

5. SESSION COMPLETION

• 5.1       After a one player Game begins, it will continue until:
•     > you win;
•     > you lose;
•     > you resign; or
•     > your connection is terminated for any reason or the game window is closed.
• 5.2       In the event of a multi-stage single-player game where there is still active play of Virtual Credits on the table, the Game state may be stored and resumed at a later date.
• After a person-to-person Game 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 Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection, certain Games will allow your session to resume and you will be able to login to the website, re-launch the Game and continue playing. If you do not re-connect to continue an interrupted Game within thirty (30) days your Virtual Credits for such interrupted Game will be deducted or forfeited to Borgata.
• 5.3       In the event that:
•     > a disconnection occurs; or
•     > you close the Game-lobby window (which closes all Game tables); or
•     > you close the Game-table window,
• your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game 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.
• 5.4       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 Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the virtual Game lobby or virtual Game table may result in forfeiture or deductions of Virtual Credit winnings, or expulsion from the website.
• 5.5       In the unlikely event a real Game 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 Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion subject to any applicable laws and regulations. Refunds may be communicated via electronic mail or via the website.

6. AVAILABILITY OF GAMES

• We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.

7. PASSWORD RESPONSIBILITY

• 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 fulfil 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.borgatafreecasino.com (Social Casino), we will not be responsible and will not be held liable for any claims regarding your account.

8. MODIFICATION OF TERMS AND CONDITIONS

• We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. 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.

9. REPRESENTATIONS & WARRANTIES BY PLAYERS

• By doing any of the following things:
•     > using the website;
•     > opening and using an account on the website; and
•     > playing Games on the website,
• you hereby represent, warrant and certify all of the following:
•     > participation in the Games, 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, regulations, 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 Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
• > you are at least 21 years of age;
•     > you only have one account, username and password on www.borgatafreecasino.com 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 the Games; 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 Borgata or GAN, by using the website and the material contained therein;
•     > your interest in any Game 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 Games 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 Games, 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 Game or the website to be offensive, objectionable, unfair or indecent;
•     > you understand that you will receive mailings and/or mobile push  notificationsand/or emails informing you of news and information relating to www.borgatafreecasino.com (Social Casino), the Games and/or the land-based casino properties related to Borgata from time to time. You can unsubscribe from future mailings at any time in accordance with the Borgata Privacy Policy for Online Social Gaming Services which is available at www.borgatafreecasino.com;
•     > we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games 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 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 Games 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 a Game. 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 Games on the website or upon the replacement of the current Game system on the website with a different Game system on the website.

10. COLLUSION, CHEATING AND FRAUD

• 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 cs@borgatafreecasino.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 Borgata may take part in the use and enjoyment of this website including the purchasing of Virtual Credits and participation in promotions provided, however, such employees may not be eligible to participate in promotions or tournaments (including those where tangible prizes (i.e., not Virtual Credit prizes) are awarded) due to the specific terms and conditions of such promotion or tournament, 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 Game if you or a member of your household, are or have ever been, an employee of GAN or affiliated companies.

11. DISCLAIMER OF LIABILITIES

• 11.1     Under no circumstances, including but not limited to, negligence, shall Borgata or GAN, nor any of their respective parent companies, subsidiaries and affiliates, nor any of their respective employees, officers, director, members and representatives, 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, even if our representative (authorized or otherwise) has advised you of the possibility of such.
• 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.

12. JURISDICTION AND OPERATION

• 12.1     These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of New Jersey without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. Any legal action or proceeding relating to your access to, or use of, the website or content resolved as set forth in Section 14 below.
• 12.2     This website is operated from a server, or servers, owned by GAN, and neither Borgata nor GAN makes any 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. RESPONSIBLE VIRTUAL CREDIT GAMING

• We want you to enjoy online free-to-play and/or Virtual Credit-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:
• i) Remember that Virtual Credits are freely given away at posted periods, purchasing Virtual Credits is not required for play and is merely provided as a convenience to you and that the Virtual Credits have no actual or intrinsic value;
• ii) Please try to establish limits for the Virtual Credit purchases you are willing to make over any period of time, before you start playing;
• iii) Play  on this website, or game play on any website,  is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances;
• iv) Play on this website, or game play on any website, is not recommended if it might interfere with your daily responsibilities; and
• v) Over 21s Only: It is not allowed for anyone under the age of 21 years to play on this website. We reserve the right to request proof of age, identity and address and may request that you download, complete and return a form together with a copy of your passport or other form of valid photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.

14. DISPUTES

• 14.1     Any complaints must be registered with Customer Service within thirty  (30) days of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.
• 14.2     We are available by email at cs@borgatafreecasino.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use reasonable 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.
• 14.3     These Rules shall be governed by the laws of the State of New Jersey without regard to its conflicts of laws principles and rules. As a condition to your play of any Games or use of any Borgata sponsored or affiliated website,

15. MISCELLANEOUS

• 15.1     Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and Borgata and supersedes and merges all prior agreements, representations and understandings between you and Borgata.
• 15.2     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.
• 15.3     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.
• 15.4     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. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Game may be credited to your account.

16. PAYMENTS FOR VIRTUAL CREDIT

• 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.
• Credit Cards
• 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 payments gateway/portal and the clearing bank. This payment method is free.
• ACH Bank Transfers
• Subject to availability, it may also be possible to send an online bank transfer from your bank account.
• 16.2     We reserve the right to conduct a security review at any time to validate:
•     > your identity;
•     > age;
•     > the registration data provided by you;
•     > to verify that your use of the Games available at this website was in compliance with these Terms and Conditions and of applicable law; and
•     > that your financial transactions conducted via a payment portal or website were in compliance with these Terms and Conditions and of applicable law.
• 16.3     You authorize us (and our agents) to make any inquiries of you and for us to use and disclose to any third party details that we consider necessary to validate the information you provided to us, or should have provided to us, in accordance with these Terms and Conditions, including but not limited to:
•     > ordering a credit report; and
•     > verifying the information provided by you against databases provided by third parties.
• To enable us to fully conduct these inquiries you agree to provide such information or documentation as we, in our sole unfettered discretion, may request.

17. PROMOTIONAL OFFERS

• 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 such as a discount offer on Virtual Credits, a new player bonus, etc. (each a “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 at any time and without notice and shall not be held liable for doing so

18. WITHDRAWALS

• Virtual Credit may not be withdrawn 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 real 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.

19. PUBLICITY

• In the event you accumulate a significant balance of Virtual Credit in your account (and materiality shall be determined at the sole discretion of Borgata or GAN) 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.

20. FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS

• 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.

21. PLAYER RATINGS

• 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.

22. TOURNAMENT RULES

• 22.1     To complement these Terms and Conditions, there are specific rules ("Tournament Rules") which govern entry into any of the free-to-enter tournaments available on this website (the “Tournament(s)”). The Tournaments are distinct from the Games.  The Tournament Rules and this Section 22 do not apply to the Games.  The Tournament Rules are incorporated into these Terms and Conditions.
• The eligibility requirements for entry into any Tournament are that, as at the date of the relevant Tournament:
• You must not be a resident of any of the following States: Florida, Illinois, Iowa, Michigan, Mississippi, Rhode Island, South Carolina and Vermont (the “Excluded States”). You will qualify as a resident of one of the Excluded States if you are registered as a resident in that Excluded State for tax, voting, or welfare purposes or for any other reason that we may deem to be sufficient evidence that you are a resident of one of the Excluded States.
•  
• You must not be physically located in any of the Excluded States while participating in the Tournament regardless of whether or not you are a resident of the Excluded State.
•  
• You meet all of the other eligibility requirements set out in these Terms and Conditions including, but not limited to, the minimum age requirement of twenty-one (21) years of age.
• 22.2     By entering the Tournament, you hereby warrant that you meet the eligibility requirements referred to above. You also acknowledge that you are subject to all laws applicable to the area in which you reside and/or from which you access the Tournament and you are solely responsible for obeying those laws. You agree that neither Borgata nor GAN can be held liable if laws applicable to you restrict or prohibit either your participation in the Tournament or your ability to be awarded any prizes available in the Tournaments. We make no representations or warranties, implicit or explicit, as to your legal right to participate in the Tournament.
• 22.3     We reserve the right to monitor the location from which you access the Tournament and to block access from any jurisdiction in which participation or the ability to be awarded prizes is illegal or restricted, although your ability to access the Tournament shall not be deemed to represent our acceptance or acknowledgement of your eligibility to participate in the Tournament.
• 22.4     If we suspect you of undertaking any of the following actions, then you will automatically be disqualified from the Tournament and may have your account suspended for further investigation or closed:
• soft-playing; or
• chip-dumping; or
• team playing, collusion or fraudulent practices; or
• using unfair external factors or information in a manner which we deem inappropriate; or
• any other breach of these Terms and Conditions.
• 22.5     We may elect to award prizes to winners of Tournaments or to leaders of leaderboards and the award of any such prizes is entirely at our discretion. We expressly reserve the right to exclude any participant before, during or after the Tournaments, regardless of the outcome of the Tournament or the leaderboard status.
• 22.6     Prospective winners will be contacted by our Customer Service team and will have thirty (30) days to confirm their identity and accept prizes. We may, at any time, ask that you provide an affidavit (and supporting documentation) as to your eligibility to enter into the Tournament and reserve the right to withhold any prizes if we do not receive an affidavit and all such documentation to our entire satisfaction. Failure to comply with this will result in the prizes being forfeited.
• 22.7     In the case of any dispute, we will review any claims in accordance with our disputes procedure and our decision shall, in all cases, be final.
• 22.8     All applicable local, state, and federal taxes are the sole responsibility of the winner(s).
• 22.9     We reserve the right to change the Tournament Rules at any time without prior notice, and may issue additional terms and conditions at our sole discretion. 
• The “Terms and Conditions” set forth here were updated and are effective as of April 2017.