The Youbet Advantage Player Rewards Program (the "Program") is provided by Youbet.com, Inc. ("Youbet"). Program members ("Members") automatically earn points ("Points") every time they place an Eligible Wager using their Youbet® wagering account. An Eligible Wager is a wager placed by an active Youbet account holder in good standing on an official race at specified tracks. Points may be redeemed for cash rewards, merchandise, elite travel and entertainment rewards, and Youbet subscription and handicapping products (collectively, "Rewards"). Points are redeemable for Rewards through the online catalog portion of the Youbet web site (the "Site").
ELIGIBILITY
Active Youbet account holders in good standing residing in the following jurisdictions are automatically enrolled in the Youbet Advantage Program: Alabama, Arkansas, Arizona, Connecticut, Colorado, Delaware, District of Columbia, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. Account holders residing in California and states other than those listed above are not eligible for membership in the 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 Youbet wagering account. Any violation by the Member of these Terms and Conditions or of the terms and conditions applicable to the Member's Youbet wagering account as determined by Youbet in its sole discretion may result in cancellation of the Member's Points and the ability to earn any Rewards.
EARNING POINTS
A. 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.
A. 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.
B. The number of Points awarded for a particular wager will 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. Gold, Platinum and Platinum Plus Members may be eligible for enhanced opportunities to accrue Points.
C. The "Earning Points" page of the Site will describe the Points available for each track offered by Youbet. The "Track Selection" page of the Site will also provide Youbet Advantage Point information for particular wagers at particular tracks.
D. 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 Account Balance and Wager Point screens on the Site.
REDEEMING POINTS
A. Members may redeem Points for Rewards via the online catalog portion of the Site. The number of Points required for a particular Reward shall be indicated on the online catalog. Certain Rewards may only be available for Platinum and/or Platinum Plus Members.
B. Upon verification of a Member's redemption request, Youbet 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 Youbet.
C. Other Reward items will be filled upon verification of the Member's redemption request.
D. Youbet reserves the right to change, discontinue or replace any Rewards listed in its online catalog without notice. Reward orders are subject to availability and items can arrive separately within a single order. Neither Youbet 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.
E. 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 reward redemption. Shipments cannot be made to a post office box or outside the 48 continental United States.
F. Certain restrictions may apply to travel certificates, tickets and documents. Travel and Entertainment Rewards will be handled by the Elite Rewards concierge desk. Youbet assumes no responsibility for lost or stolen tickets or documents.
G. All Rewards are final and cannot be returned, exchanged or cancelled. In order to qualify for replacement, a Reward received in damaged condition must be reported to the Reward Provider's customer service department at 1-888-968-2388 within 72 hours of receipt, or a new item cannot be sent in its place, and must be returned in its original packaging, including over box and shipping label, unless otherwise indicated, and must include all accessories received with the Reward.
EXPIRATION AND INACTIVITY
Points will expire with no value after six (6) month on accounts without wagering or subscription activity. 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
A. Neither Youbet 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.
B. THE PROGRAM IS OFFERED "AS IS" AND "AS AVAILABLE." YOUBET MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND YOUBET 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. YOUBET 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 YOUBET 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 YOUBET SHALL IN NO CASE EXCEED $25.
PROGRAM MODIFICATION OR TERMINATION
Youbet 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. Youbet further reserves the right to terminate the Program at any time, without prior notice, restriction or penalty. In the event of such termination by Youbet, Members shall have a minimum of sixty 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.
MISCELLANEOUS
A. Points may not be assigned, sold or otherwise transferred by the Member, by operation of law or otherwise.
B. 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.
C. 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.
D. By participating in the Program, Members consent to and authorize Youbet to share information about the Member in accordance with the terms of the Youbet Privacy Policy Statement (see Privacy Policy section below).
E. 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 Youbet in its sole discretion.
F. These Terms and Conditions shall be construed in accordance with the laws of the State of California without reference to the conflicts of laws provisions thereof. These Terms and Conditions constitute the entire understanding between Youbet and Member with respect to the Program, and supersede any and all prior communications, whether written or oral, and all previous versions of terms and conditions applicable to the Program. This agreement may not be amended orally, or by any action of Youbet other than issuance of updated written Terms and Conditions, posted here.
G. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, MEMBER AGREES THAT ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING OUT OF OR CONNECTED WITH THE PROGRAM, TO THE EXTENT THE SAME IS NOT WITHIN YOUBET'S SOLE DISCRETION AS PROVIDED FOR UNDER THESE TERMS AND CONDITIONS, SHALL BE RESOLVED EXCLUSIVELY BY PRIVATE BINDING ARBITRATION TO BE CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASOCIATION IN THE CITY OF LOS ANGELES, CALIFORNIA.
H. While Youbet will use its best efforts to ensure accuracy of Program information, printing errors occasionally occur. Youbet reserves the right to correct such errors at any time even if such errors impact a pending Reward redemption. |
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