Terms & Conditions
Access to and use of this web site, BetAmerica.com ("BetAmerica"), is subject to the following terms and conditions of use and all applicable State and Federal laws. By accessing and browsing this web site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and BetAmerica regarding the subject matter hereof are superseded and of no force or effect. Please note that section headings are for your convenience only and have no legal effect.
BetAmerica's Service consists of monthly access to the BetAmerica closed-loop network, including all available track programs, live odds for all available tracks, and live audio/video for available premium track content. Service for select wagering jurisdictions also include the ability to place wagers on available races through BetAmerica's licensed online Wagering Platform or by BetAmerica's telephone wagering system. BetAmerica reserves the right to change the Service or any specific feature of the Service at any time, without notice.
Upon acceptance and completion of the application process, you will become a BetAmerica Account Holder. By becoming an Account Holder, you certify, agree and accept the following:
- You must be at least 18 years of age (except Washington residents must be at least 21 years of age) and a resident of a state where the BetAmerica wagering system is available. BetAmerica reserves the right to deny the request to open an account or to close an account for any reason.
- You will provide BetAmerica with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number and email address. Any changes to the above-mentioned Account information must be reported to BetAmerica immediately.
- You will provide BetAmerica with an accurate social security number.
- You agree to pay all charges posted to your account for the Services provided under this Agreement. Procedures for cancellation of this Agreement are provided below.
- You authorize BetAmerica to verify Account Holder information provided using a third party consumer database. This authorization will remain in effect and BetAmerica may verify your Account Holder information periodically, until such time as you notify BetAmerica, that you wish to cancel your Account.
- You agree to allow BetAmerica to use your information to open advance deposit wagering accounts on your behalf as required by law or contract.
Deposits, Withdrawals, and Wagering
Deposits to your Account may be made by some or all of the following methods: credit card, debit card, check, electronic check, money order, cashiers check, wire transfer, cash or through third party e-wallet providers offered at BetAmerica.
Electronic checks may be used to make deposits to your Account ("ACH Deposits"), which are electronically debited from your authorized bank account. ACH Deposits are generally credited immediately upon authorization from our ACH processor. For your first ACH Deposits, however, we may only immediately credit a portion of your deposits to your Account, with the balance of your deposits credited to your Account when funds are received from your bank. After all funds from your initial ACH Deposit are received, the ACH deposit limits applicable to you will be displayed on the deposit page. Please contact Customer Service if you would like to increase the amount that you may deposit in any period. Please note that additional restrictions and regulations may apply for certain jurisdictions. BetAmerica reserves the right to enforce additional restrictions and limitations at its sole discretion at any time.
In the event we are unable to collect funds from your bank for an ACH Deposit, we may re-submit any and all such failed deposits for reprocessing by your bank, subject only to applicable regulations and policies. In addition, your account may be charged a $25.00 returned item service charge, provided that we will not impose such fee in connection with a return of any re-submittal of an ACH Deposit.
BetAmerica accepts personal checks by mail. All personal checks are typically subject to a hold period to enable check clearance (generally 1-5 business days hold). In the event of a return of any check used to fund your Account, your account may be charged a $25.00 returned item service charge.
BetAmerica accepts money orders and cashiers checks by mail. All money orders and cashiers check are given immediate credit after confirmation of validity.
Wire transfers must be drawn on an account for which the Account Holder is an owner. All wire transfers are funded immediately upon receipt of confirmation. Account Holders may be held liable for any transfer fees imposed by the transmitting or receiving entity and the charges shall be deducted from the Account Holders Account.
In order to fund your account through third-party e-wallet providers, the rules and charges of such providers will apply. In addition, such deposits may be subject to a hold period.
In the event any deposit to your Account is returned, refused or reversed, we will deduct the deposited amount from your Account and suspend your Account. BetAmerica reserves the right to impose such conditions and restrictions as it may determine in its sole discretion prior to re-opening your Account.
All withdrawal requests must be made by using this web site. Withdrawals can be made by electronic transfer to the Account Holder's U.S. bank account. All such withdrawal requests are processed within one business day of request and should be received in the Account Holder's U.S. bank account within an additional 3-5 business days (provided your funds have cleared - see below). For Account Holders without a U.S. bank account, or, upon request, withdrawal requests will be made by check, drafted in the Account Holders legal name, and sent to the Account Holders residence address on file. Withdrawals processed by check will be mailed within three business days of the request, and will be sent by first class regular mail. For a fee of $30, upon request, delivery of checks to continental U.S. addresses will be expedited and sent within one business day (provided request is made Mon-Fri, prior to mail cutoff) for next business day delivery using a national overnight delivery service.
Typically, no withdrawals will be processed unless all deposited funds have cleared and verified by our financial institution. This normally takes 4-5 business days after a deposit is made. However, when you have a sufficient history with us of collected deposits, at our discretion, your withdrawal request will be processed on the next business day, and you should expect to see funds in your account within 3-5 business days after the withdrawal request is processed.
Please note: The 3-5 day delay for withdrawals is dependent upon bank transfer times. Each bank is different, and therefore the transfer time will vary from bank to bank.
Wagering on Racing
Account Holders may place wagers on racing with BetAmerica through the internet, or via mobile device. Account Holders may only wager up to the balance of their Accounts. All approved wagers are withdrawn from the Account Holder's Account prior to submission of wager. Credits for winning wagers are deposited into the Account Holder's Account after official results have been posted by the respective track. BetAmerica reserves the right to reject any wager for any reason in its sole discretion. All wagers on racing placed by Account Holders that are residents of a state (1) from where advance deposit wagering on racing is not permitted, or (2) which requires that BetAmerica restrict the acceptance of wagers on tracks from such state and the wager is placed on such track, is not allowed. For a current listing of state-by-state restrictions, please contact Customer Service.
All ineffective wager requests due to tote error, track error, communications complications, and merge failure, or any other technical difficulties shall be cancelled, and the wagering amount refunded to the Account Holders Account. BetAmerica reserves the right to cancel any wager and refund the wager amount to the Account Holder Account.
Tax Reportings and Withholdings
In accordance with IRS laws, any wager resulting in winnings of $600.00 or more must be reported to the Internal Revenue Service, if the amount of winnings is at least 300 times the amount wagered. In addition any wager resulting in winnings over $5,000.00, is subject to reporting and withholding if the amount of winnings is at least 300 times the amount wagered. All winnings subject to reporting and/or withholding shall be reported and/or withheld by BetAmerica and a copy of the W2-G Form summarizing the information shall be sent to the Account Holder for tax purposes.
Payment of all contest prizes is subject to applicable IRS law and regulations.
Charges and Billing
BetAmerica reserves the right to change our fees or billing methods at any time. All Account Holders are encouraged to review the BetAmerica Terms and Conditions periodically for updates and changes.
Account holders shall pay for past performances and other handicapping products, per track, per day, in accordance with listed rates. Account Holders incurring charges for purchasing handicapping products will be deducted from the Account Holders Wagering Account.
All deposits are guaranteed by the Account Holder to be collectable. In the event BetAmerica is not able to recover payment from you for any deposits to your Wagering Account, we may impose penalties for dishonored payments and negative accounts. In the event we commence collection efforts, the Account Holder will also pay upon demand for all attorney and collection fees incurred by BetAmerica in attempting to collect uncollected deposits and/or to recover negative account balances. Delinquent accounts may be suspended or canceled at BetAmerica's sole discretion, and will continue to incur fees and penalties until such account is terminated by you or by BetAmerica in accordance with this Agreement. If your account incurs charges, which are declined by your credit card company or financial institution, you authorize BetAmerica to re-bill you for those charges, regardless of your account status or purchase date.
If you believe that BetAmerica has billed you in error, you must contact Player Services within 60 days of the date the charge posted to your account. Refunds or adjustments will not be given for any charges that are more than 60 days old.
If you do not use your account for pari-mutuel wagering or entering fantasy games contests for a period of three hundred and sixty six (366) consecutive days, then it will be deemed a Dormant Account. All Dormant Accounts will incur a Monthly Account Maintenance Fee (“MAMF”). The MAMF will be charged upon becoming a Dormant Account and for each month thereafter so long as it remains a Dormant Account. The MAMF is Five Percent (5%) of the account balance or a charge of USD $5.00, whichever is the greater. If your account balance is less than the MAMF to be deducted, the charge will not exceed the available balance in your account. If and when your account balance is zero, the account will no longer be charged a MAMF.
Use of the Service
Only authorized Account Holders shall have access to Services provided by BetAmerica. Any wagers placed by a person other than the Account Holder is strictly prohibited and will give BetAmerica the right to terminate your Account immediately. You are legally responsible for all wagers placed from your Account using your Account Number and PIN over the phone, or online with your Username and Password. You bear full responsibility for maintaining the confidentiality of your Account Number, PIN, Username and Password.
Account Holders shall not use the Service, or permit others to use the Service, in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Account Holders to civil and/or criminal penalties.
Account Holders shall be responsible for all charges to their Account. BetAmerica will not, under any circumstances, be responsible for any unauthorized usage of an Account Holder's Advance Deposit Wagering Account with BetAmerica's licensed online Wagering Platform, or the BetAmerica licensed telephone Wagering Platform.
ACCOUNT HOLDERS ARE ADVISED THAT IN THE EVENT OF A CRIMINAL INVESTIGATION BY STATE OR FEDERAL AUTHORITIES OR REGULATORY INQUIRY PURSUANT TO BETAMERICA'S LICENSES, THE ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO ACCOUNT HOLDER INFORMATION AND DATA IN BETAMERICA'S POSSESSION, AND ACCOUNT HOLDER SPECIFICALLY AUTHORIZES BETAMERICA TO DISCLOSE SAID DATA AND INFORMATION TO LAW ENFORCEMENT AUTHORITIES AND ACCOUNT HOLDER RELEASES BETAMERICA OF ALL LIABILITY IN THIS REGARD TO THE FULL EXTENT POSSIBLE BY LAW.
Limitation of Liability
Although BetAmerica diligently updates all track and wagering information periodically, in no way shall BetAmerica be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.
BetAmerica shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond BetAmerica's control whether or not similar to the foregoing.
BetAmerica may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Account Holder use of the Account. BetAmerica encourages responsibility in gambling behavior.
Notice Specific to Software Available on this Website
Any software that is made available to download from this web site ("Software") is the copyrighted work of BetAmerica and its affiliates. Use of the Software is governed by the terms of the various end user license conditions contained in these Terms and Conditions. Your use of this Website will constitute your acceptance of these end user license conditions, as they may be changed from time to time.
Software is made available for downloading, solely for individual use, according with these Terms and Conditions. Any reproduction or redistribution of the Software not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. You do not acquire any ownership rights by downloading any material on or from the site.
The software is warranted, if at all, only according to these Terms and Conditions. Except as expressly warranted in these Terms and Conditions, if at all, BetAmerica hereby disclaims all warranties, conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
No software from the BetAmerica web site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
Notice Specific to Software Available on this Website
Elements of the BetAmerica web sites are protected by trade dress, trademark, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BetAmerica web site may be copied or retransmitted unless expressly permitted by BetAmerica.
BetAmerica and its affiliates make no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose, of any information contained in the documents and related graphics published on this web site. All such documents and related graphics are provided "as is" without warranty of any kind. BetAmerica and its affiliates hereby disclaim all warranties and conditions with regard to this information, including all expressed and implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall BetAmerica or its affiliates be liable for any special, incidental, punitive, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this web site.
The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information. BetAmerica and its affiliates may make improvements and/or changes in the product(s) and/or the program described herein at any time. BetAmerica makes no commitment to update any of the information contained on its web site.
Any information, communication or material you transmit to BetAmerica or the BetAmerica web site by telephone, electronic mail, other electronic media or otherwise, including Account Holder information, data, questions, comments, suggestions, or the like is, and will be treated as non-confidential, non-proprietary, and the exclusive property of BetAmerica, subject to partial or total disclosure at BetAmerica's discretion. In addition, all information transmitted by you may be used by BetAmerica or its affiliates, without any compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, BetAmerica is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the BetAmerica web site are either property of, or used with permission by, BetAmerica. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission is provided elsewhere on the web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to Third Party Sites
Links may let you leave BetAmerica's web site. The linked sites are not under the control of BetAmerica and BetAmerica is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. BetAmerica is not responsible for web casting or any other form of transmission received from any linked web site. BetAmerica is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BetAmerica of the linked web site.
BetAmerica.com® and/or other BetAmerica products referenced herein include both registered or unregistered trademarks of BetAmerica and others. Nothing contained on the BetAmerica web site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the web site without the written permission of BetAmerica or such third party that may own the trademarks displayed on the web site. Your misuse of the BetAmerica trademarks displayed on the web site, or any other content on the web site, except as provided in these terms, is strictly prohibited. You are also advised that BetAmerica will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Notice of Reservation of Rights
If any of the provisions of this agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
Any rights not expressly granted herein are reserved.
NO WARRANTIES PROVIDED BY BETAMERICA.COM
ALL ACCOUNT HOLDERS EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) ACCOUNT HOLDERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BETAMERICA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
(B) BETAMERICA PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BETAMERICA WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(C) BETAMERICA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY BetAmerica.com. NO ADVICE OR INFORMATION GIVEN BY BETAMERICA, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
(D) DISCLAIMER OF LIABILITY. BETAMERICA SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BETAMERICA ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. BETAMERICA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED AT BETAMERICA SHALL BE THE REPLACEMENT OF ANY BETAMERICA SOFTWARE FOUND TO BE DEFECTIVE.
Law and Forum for Disputes
These Terms and Conditions and all transactions conducted with BetAmerica.com are governed by the laws of the State of Oregon. By using our website and wagering system you consent to the application of Oregon law governing account wagering. Any disputes or claims alleging non-payment will be resolved according to the rules issued by the Oregon Racing Commission.
Notice of Indemnification
You agree to defend, indemnify and hold harmless BetAmerica, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of BetAmerica.com products and services.
Notice of Unlawful or Prohibited Use
All Account Holders hereby agree to use these Services in recognition of all applicable Federal, and State laws, statutes and regulations, any deviation of which is grounds for immediate Account closure and subject to civil and/or criminal liability.
In addition, any and all activity that BetAmerica may reasonable believe to be fraudulent, deceptive, or unlawful, shall be reported to the appropriate law enforcement authorities and prosecuted to the full extent of the law. Account Holder shall relinquish all rights to the proceeds resulting from the fraudulent, deceptive, or illegal activities, and all proceeds shall be retained by BetAmerica to pay for damages and losses resulting from such fraud, deceit, or illegal activity.
In addition, as a condition of your use of Services, you warrant to BetAmerica that you will not use the BetAmerica web sites for any purpose that is prohibited by these terms, conditions, and notices. You may not use the BetAmerica web site in any manner which could damage, disable, overburden, or impair the BetAmerica web site or interfere with any other party's use and enjoyment of the BetAmerica web site. Any conduct that in BetAmerica's discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BetAmerica web site. Any material which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, shall not be transmitted to the web site. You specifically acknowledge that BetAmerica is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with BetAmerica, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.
Termination of Agreement
Account Holder or BetAmerica may terminate or cancel this Agreement and the Service at any time. Account Holders understand and agree that the cancellation of this Agreement is your sole right and remedy with respect to any dispute with BetAmerica, Service, or any of its terms, conditions, rules, policies, guidelines or practices. Account Holders may cancel this Agreement and the Service with BetAmerica by delivering notice as provided below.
Termination of this Agreement does not release Account Holder from the obligation to pay all accrued charges under this Agreement. Any delinquent or unpaid Account with unresolved issues must be paid in full. Failure to resolve any unpaid debt will be forwarded to a collection agency, and may affect your credit rating.
You may terminate this Agreement and your BetAmerica Account by calling Customer Service or by emailing us at help (at) BetAmerica.com.
All Accounts terminated shall take effect upon cancellation by Customer Service following receipt of your request. BetAmerica may terminate this Agreement and your BetAmerica Account, at any time, by providing notice of termination to you by any one of the following methods: electronic mail (email); general posting at BetAmerica's web site; or by US mail or courier service.
Betamerica Rewards Program Terms and Conditions
The BetAmerica Rewards Program (the "Program") is provided by BetAmerica. Program members ("Members") automatically earn points ("Points") every time they place an Eligible Wager using their BetAmerica wagering account at the website BetAmerica.com ("Site"). An Eligible Wager is a wager placed by an active BetAmerica account holder in good standing on an official race at specified tracks. Points may be redeemed for cash rewards and, from time to time, for merchandise and services as specified at BetAmerica.com (collectively, "Rewards").
BetAmerica cannot be held responsible for any advertisements hosted by third party websites which refer to specific promotions, or wager reward levels, which are no longer available at BetAmerica.
Active BetAmerica account holders in good standing are automatically enrolled in the BetAmerica Rewards Program.
Continued membership in the Program is subject to continued compliance in all respects with these Terms and Conditions as well as all of the terms and conditions applicable to the Member's BetAmerica wagering account. Any violation by the Member of these Terms and Conditions or of the terms and conditions applicable to the Member's BetAmerica wagering account as determined by BetAmerica in its sole discretion may result in cancellation of the Member's Points and the ability to earn any Rewards.
- Points will accrue each time a Member places an Eligible Wager via the Site. In addition, from time to time special offers may provide additional opportunities to earn Points. Details will be provided when each such offer is presented.
- Members will earn Points for each dollar in Eligible Wagers made at the Site, as posted at the Rewards Program screen at the Site. The number of Points awarded for a particular wager may vary depending upon the track, the type of wager, the Member's location of residence and the Member's current membership level at the time the wager is made.
- The Rewards Program page of the Site will describe the Points available for each track offered by BetAmerica.
- Points are credited to the Member's account as soon as the race on which the Member has wagered is official and the track payouts are posted. Members may view their Points balances, as well as summaries of their Points histories, on the Reward Program screens on the Site.
- Members may redeem Points for Rewards via the online reward redemption portion of the Site. The number of Points required for a particular Reward shall be indicated on the Site.
- Upon verification of a Member's redemption request, BetAmerica will deduct the appropriate number of Points from the Member's total Points earnings. Where Points are redeemed for cash rewards, such rewards shall be deposited into the Member's wagering account. Use of cash rewards shall be subject to all of the terms and conditions applicable to wagering transactions with BetAmerica.
- Other Reward items, including Merchandise Rewards, which may be offered by BetAmerica, in its sole discretion, from time to time, will be filled upon verification of the Member's redemption request.
- BetAmerica reserves the right to change, discontinue or replace any Rewards listed on its Site without notice. Reward orders may be subject to availability. Neither BetAmerica nor the Reward Provider makes any representations or warranties regarding, and shall not be responsible for, the delivery, price, availability, quality, performance, utility or any other attribute of any Reward ordered or purchased by a Member with Points. All Merchandise Rewards will be subject to the manufacturer's warranty.
- Merchandise Rewards will generally be delivered by a commercial delivery service or the U.S. Postal Service within 4-6 weeks of redemption. A street address and daytime phone contact number are required to process a Merchandise Reward redemption. Shipments cannot be made to a post office box or outside the 48 continental United States.
- All Rewards are final and cannot be returned, exchanged or cancelled
- For purposes of the Refer-A-Friend Reward Plan (the "RAF Plan"), the registered user at this website who desires to refer friends to this website is referred to as the "Current User". The person who is referred by a Current User is referred to as the "Referred User". A Current User cannot refer themselves, their family, household members, or any individuals residing at the same address, to join as a Referred User - this applies to any new accounts you may set up for yourself or on your behalf.
- To qualify for the 'Refer-A-Friend' Reward Plan (the "RAF Plan"), the Current User must be a registered user of this website with an Active status. Active status means that the user's identity and age have been authenticated, that they have made a deposit to their wagering account at this website, they have wagered a minimum of $1500, and that no deposits have been returned as uncollected.
- If you are the Current User, you will be paid $50 reward dollars based on every friend you refer to BetAmerica.com provided, (1) they register through your referral page at this website, designated as /pp/[your user name], (2) their age and identity are authenticated, (3) they make a deposit to their wagering account at this website, (4) they make at least $50 in racing wagers within their first 30 days of joining this website, and, wager at least $500 dollars within the first 60 days. (5) they have no deposits which have been returned as uncollected. The number of $50 reward dollars paid to the Current User may vary depending on a number of factors including, a promotions running at a given time.
- The Referred User must be a new user to this website, not having previously registered any account at this website. The Referred User must register their account at the Current User's personal referral page at this website, located at /pp/[Username of Current User]. No RAF Plan reward payments will be made if the Referred User does not first submit their registration for this website at this personal referral page.
- There is no limit to the number of friends a Current User can refer. All Referred Users must be people the current user actually knows, spamming or other mass marketing of the Refer-A-Friend program at this website will not be tolerated and will result in the Current User's disqualification from the RAF Plan, will result in no payment being made to the Current User under the RAF Plan, and may result in the closure of the Current User's wagering account at this website.
- All RAF Plan rewards are made in the form of credits to the Current User's wagering account at this website. RAF Plan rewards will be credited to the Current User's wagering account at this website within the first five days of each month.
- By agreeing to participate in the RAF Plan, the Current User and the Referred User agree to data regarding the Referred User's level of wagering at this website being disclosed to the Current User as we deem appropriate, for the purpose of the RAF Plan only. Current Users must notify any Referred Users that data may be shared in this way before referral.
- This website reserves the right, in its absolute discretion, to exclude any Current User from the RAF Plan and from this website if it believes you have tried to benefit from the RAF Plan by using more than one username or are otherwise engaged in fraudulent or other activities that indicate that referrals are not made in good faith but for the purpose of abusing the terms and/or spirit of the RAF Plan. In such instance, Current Users shall not be entitled to participate in the RAF Plan and this website shall not be obliged to provide a reason to you for such exclusion.
- This website may at any time suspend, discontinue, modify or void the RAF Plan for any reason that, in its absolute discretion, thinks appropriate and any liability from this website to a Current User shall immediately cease upon a Current User being informed of this action, or if this action is posted on this website. In respect of any dispute, howsoever arising, this website's decision will be final. The RAF Plan cannot be used in conjunction with any other promotion.
- This promotion/offer is not available to BetAmerica affiliates or their users or with, or in connection with, any other promotional/advertising partner of BetAmerica.com.
Promotions, Contests and Sign Up Bonuses
All contest winners and any individuals receiving sign-up bonuses or promotional awards must register with and establish an active wagering account with BetAmerica.com, providing all information requested by BetAmerica.com in order to verify identity and age, as well as satisfying all additional requirements for the particular contest, sign-up bonus or promotional award.
All contest winnings, sign-up bonuses and promotion awards will be issued as wagering credits in your wagering account at BetAmerica.com. No such winnings, bonuses or awards can be withdrawn from your account unless the full amount of contest winnings, sign-up bonus or award has been wagered, i.e., if the contest winnings was $100 you need to wager at least $100 before you can withdraw these funds.
Expiration and Inactivity
Unredeemed Points shall expire without value no later than two (2) years after the date issued and may not be redeemed after that time.
Disclaimer and Limitations
- Neither BetAmerica nor its affiliated companies will be responsible for any loss, injury or damage of any kind incurred by a Member or anyone else in connection with a Member's participation in the Program or any Reward obtained by a Member in connection with Member's participation in the Program or redemption or use of Points issued in connection therewith.
- THE PROGRAM IS OFFERED "AS IS" AND "AS AVAILABLE." BETAMERICA MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND BETAMERICA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM, AND ANY REWARDS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BETAMERICA SHALL NOT BE LIABLE TO ANY MEMBER OR OTHER PERSON FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH, THE PROGRAM AND ANY REWARDS, EVEN IF BETAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, MEMBER AGREES THAT THE TOTAL LIABILITY OF BETAMERICA SHALL IN NO CASE EXCEED $25.
Program Modification or Termination
BetAmerica reserves the right at any time, without notice, to add, remove and/or change or otherwise modify any feature of the Program, the Rewards and/or these Terms and Conditions. BetAmerica further reserves the right to terminate the Program at any time, without prior notice, restriction or penalty. In the event of such termination by BetAmerica, Members shall have a minimum of thirty (30) days from the date of notification of termination of the Program to redeem previously awarded Points in accordance with the provisions set forth in the Terms and Conditions.
Individuals may choose to exclude themselves from establishing an account with this website or further participation in pari-mutuel wagering and fantasy games with this website by requesting to be self-excluded. This exclusion request must be made in writing to this website, signed by you, and sent to the following address:
P.O. Box 8510
Lexington, KY 40533-8510
This request must include the following information:
Username at this website
Date of Birth
Social Security Number
If situations should change in the future and you wish to remove yourself from the self exclusion list, you must also provide written notification of this intent. This written notification will be reviewed by this website's management prior to you being allowed to establish or re-establish an account with this website, and such determination will be made in management's sole discretion.
- Points may not be assigned, sold or otherwise transferred by the Member, by operation of law or otherwise.
- The Program, including without limitation the earning and redemption of Points, is subject to all applicable laws and regulations and is void where prohibited by law.
- The accrual of Points and/or redemption of such Points for Rewards may subject a Member to income or other taxes. The Member is solely responsible for determining the extent of any tax liability for any federal, state or local taxes as may be applicable, and any disclosure related thereto or payment thereof.
- All interpretations of these Terms and Conditions, as well as questions or disputes regarding continued eligibility for the Program or the availability of or entitlement to any Points, shall be resolved by BetAmerica in its sole discretion.
- While BetAmerica will use its best efforts to ensure accuracy of Program information, printing errors occasionally occur. BetAmerica reserves the right to correct such errors at any time even if such errors impact a pending Reward redemption.
BetAmerica Wager Cancellation Policy
Cancellation of wagers will only be available prior to betting being closed for a given race. Cancellation of wagers is at the discretion of the host track, and BetAmerica.com is not responsible for wagers that are not approved for cancellation.
BetAmerica respects the privacy of our Account Holders and the information they provide us, and is committed to protecting Account Holder information.
As a part of this commitment, BetAmerica agrees to diligently protect information submitted by BetAmerica Account Holders, including Social Security numbers, Credit and Debit Card information, and banking information, from all entities foreign to BetAmerica. In addition, BetAmerica stipulates to secure all Social Security numbers, Credit and Debit Card information, and banking information from co-marketing arrangements.
Information submitted by BetAmerica Account Holders, including residence address, e-mail, phone number, and the like, are retained and used by BetAmerica to protect and administer Account Holder accounts, help design and improve BetAmerica' products and services, and in any other fashion deemed reasonably appropriate by BetAmerica.
BetAmerica collects the domain name, IP address, and e-mail address of visitors to its web site, the e-mail addresses of those who post messages on the BetAmerica bulletin board, the e-mail addresses of those who communicate with BetAmerica via e-mail, the e-mail addresses of those who make postings to BetAmerica's chat areas, aggregate information on what pages BetAmerica's consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations. The information BetAmerica collects is the exclusive property of BetAmerica and may be used in any fashion deemed reasonably appropriate by BetAmerica.
Account holders are advised that in the event of an investigation by state or federal authorities or track or regulatory inquiry, the account holder waives any and all rights to account holder information and data in BetAmerica's possession, and account holder specifically authorizes BetAmerica to disclose said data and personal and wagering information, and Account Holder releases BetAmerica of all liability in this regard to the full extent possible by law.
For site security purposes, and to ensure the BetAmerica service remains available to all Account Holders, all network traffic is monitored in order to identify unauthorized use attempts to upload or change information, or otherwise cause damage or conduct criminal activity. Unauthorized attempts to upload or change information, or otherwise cause damage to this service, are strictly prohibited and shall be punishable under applicable federal law.
Return of Funds Upon Suspension or Termination
Either we or you may suspend or terminate your account at any time, either with or without cause, upon notice (we will use our reasonable endeavours to give such notice to you either before or after suspending or terminating your account). Please contact email@example.com if you would like to close your account.
Following termination or suspension of your account, we will, in the normal course of events, return any funds in your account to you. Please contact firstname.lastname@example.org to recover any funds held in suspended or closed accounts.
However, we reserve the right to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation) where:
- we suspect you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site, including where we suspect the account has been linked with fraudulent or dishonest activity; and/or
- we have to withhold the funds in your account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
Following the determination of any such investigation we reserve the right to seize some or all of the funds in your account if we are satisfied that you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site. We will deal with any funds obtained by us in this manner at our sole and absolute discretion or in accordance with any advice, request or instruction from any governmental, regulatory or enforcement authority.
In addition, if formally requested by the police, gambling regulators or taxation or other authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (wherever based) we may suspend your account and all functionality relating to the use of your account, and to withhold from you any funds in your account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide information as appropriate.