TERMS AND CONDITIONS
WELCOME TO TWINSPIRES.COM
Please read the following terms and conditions carefully.
This agreement describes the terms and conditions (“Terms and Conditions”) applicable to the use of the website and account wagering services provided by Churchill Downs Technology Initiatives Company through TwinSpires.com (“TwinSpires,” “Twinspires.com,” “CDTIC,” “we,” “our,” or “us”). By using our website and wagering system you accept all of the Terms and Conditions contained herein (subject to the right to opt out of the Arbitration Provision, described below), including those terms and conditions referenced by hyperlinks herein, the Churchill Downs Incorporated Privacy Policy (“Privacy Policy,” available here), and any other rules, terms, conditions, policies, and notices applicable to TwinSpires.com, or any offers, bonuses, contests, tournaments, or promotions made available on, through, or in connection with TwinSpires.com that are posted on or through TwinSpires.com or that are otherwise communicated to you, as may be amended from time to time, and all of which are hereby incorporated by reference in their entirety into these Terms and Conditions. The use of this website is subject to all applicable State and Federal regulations. If you do not agree with these Terms and Conditions or the Privacy Policy and legal notices, do not use this website or our wagering platform.
ACCOUNT INITIATION REQUIREMENTS
To establish and/or maintain a wagering account, applicant must:
Have read and agreed to abide by all of the Terms and Conditions set forth by TwinSpires.com.
Provide the following personal information: full legal name, phone number, email address, residential address, last 4 digits of social security number, and/or any other information that may be required.
Allow TwinSpires.com to use third party services to authenticate your account information. All information used to authenticate your account is subject to confidentiality.
Allow TwinSpires.com to open an advance deposit wagering (ADW) account in your name and to manage funds on your behalf.
Be at least eighteen (18) years of age, or legal wagering age in jurisdictions with higher age requirements (including Arizona, Indiana, Iowa, Washington state residents, who must be at least 21 years of age), and a resident of a jurisdiction where the TwinSpires wagering system is legal and offered.
Notify TwinSpires.com immediately about any change of address.
Refrain from wagering if you relocate to any state or country that does not allow pari-mutuel wagering.
Agree to pay all charges posted to your TwinSpires account.
Acknowledge that TwinSpires.com reserves the right to report unusual or suspicious activity to the proper authorities and retain any proceeds resulting from theft or fraudulent activity to pay for damages and losses resulting therefrom.
Agree to membership in and abide by the rules of Churchill Downs Incorporated’s player rewards program, TSC Elite. A full description of the program can be found at www.tscelite.com.
Only one TwinSpires account per verified person will be allowed. TwinSpires.com reserves the right to reject any application for an account for any reason it deems necessary. TwinSpires.com also reserves the right to close an account for whatever reason and without explanation, for any reason it deems necessary, including but not limited to for compliance with applicable legal or regulatory requirements, in cases of suspected illegal or fraudulent activity, outstanding funds owed, or other improper or abusive behavior. Except in the case of theft, fraudulent, or other actual or suspected illegal activity, in circumstances in which funds remain subject to Charge Backs (as defined herein), or otherwise returned (in which case funds will be retained until all applicable time periods have expired), or as otherwise may be required by applicable law or regulation, upon closing an account, all funds will be returned to the account holder via check mailed to the registered account address within five (5) business days.
Subject to applicable law, if an account is inactive for a period of twelve (12) months or more, TwinSpires.com may charge a monthly account maintenance fee of $5.00 or five percent (5%) of the account balance, whichever is greater. If the balance in an inactive account is $5.00 or less, the account will be assessed the monthly account maintenance fee set forth in the preceding sentence, provided the charge will not exceed the available balance in the account.
Upon completing your registration, you will be opted-in to receive email communication from TwinSpires and its Affiliates. Our email policy is published as part of our Privacy Policy.
ACCOUNT PROCEDURES:
WAGERING, DEPOSITS, WITHDRAWALS
WAGERING
Go to www.twinspires.com and sign in using your unique username and password. TwinSpires Players may also use the following phone number to check on account status or access player services, 1-877-SPIRES-1 (1-877-774-7371), at any time between 9:00am to 10:00pm Eastern Time.
TwinSpires.com employs strict privacy and protection methods in order to ensure the highest level of wagering security and integrity. TwinSpires accounts may only be accessed by the registered account holder using their unique, valid login information.
The maximum wagering amount allowed is $2,500 (US) per transaction, subject to increase at TwinSpires’ sole discretion. Minimum and maximum wagering amounts are also dependent on the host racetrack and these Terms and Conditions and therefore may vary. All wagers are commingled with wagering pools at the host racetrack and will be subject to host racetrack restrictions. In the case of multiple wagers such as a daily double or an exacta box, the base wager is multiplied by the number of combinations to determine the amount of the total wager. Wagers will only be accepted that do not exceed the current balance of players' respective wagering account. Wagers are subject to any additional terms and conditions that may be imposed by the applicable racetrack, which terms and conditions are beyond the control of TwinSpires and may supersede any conflicting provisions of these Terms and Conditions, solely pertaining to such specific wagers. All approved wagers will be withdrawn from the account holder's wagering account prior to submission of the wager. Winning wagers will be credited to the account holder's TwinSpires account promptly following the posting of official results by the respective host racetrack.
TwinSpires.com reserves the right to refuse any wagering transaction for any reason. Any and all wagers placed from non-wagering jurisdictions will not be accepted.
Under certain circumstances TwinSpires.com may operate separate wagering pools from the host racetrack. Separate pools will be subject to rules and regulations of the Oregon Racing Commission.
If for some reason we are unable to commingle your wager with the host racetrack wagering pool, your wager will be refunded to your account.
Requested wagers that are unsuccessful, ineffective or non-permissible for any reason (including any and all track errors, tote malfunction, communications failures, etc.) will be canceled and the full wagered amount will be refunded to your account.
Phone Wagering: Phone wagering is available using the telephone keypad or via our Interactive Voice Recognition (IVR) system. Dial the toll-free number 1-877-SPIRES-1 during racing hours for automated wagering through the IVR. Please note that you will need to have your account number and 4-digit pin available for wagering over the phone and for further questions, please refer to the Wagering with our IVR FAQ .
WAGER CANCELLATION TERMS & CONDITIONS
Unless prohibited by the racetrack or by a state jurisdictional authority, TwinSpires account holders may (within a set of pre-defined limits) request to cancel any “Open” or “Accepted” wagers which have been previously submitted.
To cancel a wager:
Click the options associated with the wager (signified by three dots) on either the (i) My Bets or (ii) Account History screen, then click on the “trash can” icon, and click “yes” to confirm.
Click “Yes” to confirm your cancellation request.
Use of the TwinSpires Wager Cancellation feature is subject to the following terms:
TwinSpires account holders may request to cancel up to a maximum of ninety (90) wagers per week. In addition, a maximum wager amount of $500 ($3,000 for VIP accounts) is permitted for wager cancellations.
TwinSpires may refuse to accept a wager cancellation request for any reason.
TwinSpires may refuse to permit wager cancellations from any account holder for any reason.
TwinSpires does not guarantee the cancellation of a wager or the availability of the wager cancellation feature.
Betting pools that have already been closed will NOT be eligible for wager cancellation.
CONDITIONAL WAGERING TERMS & CONDITIONS
To place conditional wagers, please read and agree to the following terms:
CONDITIONAL WAGERING SERVICE
The TwinSpires Conditional Wagering Service allows a player to: (1) Set the minimum and maximum odds/probable payoff criteria that must be satisfied (between the scheduled timeframe) before the wager is sent to tote for processing; and (2) Schedule the timing (relative to minutes-to-post) of when the odds/probable payoff criteria should begin to be evaluated. If the minimum and maximum odds/probable payoff criteria (as defined by the player) are satisfied anytime between the user-defined MTP and the race first reaching zero MTP, the bet is sent to tote for processing. Otherwise, the conditional wager 'fails,' and no bet is placed. Conditional wagers are currently available for Win, Daily Double, Exacta, and Quinella wagers. Conditional 'Win' wagers are restricted to bets involving a single betting interest. Conditional 'Exacta', 'Quinella', or 'Daily Double' wagers are restricted to a single ('straight') combination consisting of exactly two betting interests. Account balances are not debited until the conditional wager has been successfully accepted by tote. In the event your account balance does not have the funds needed when being processed by tote, the wager will 'fail'. Tote will reject the wager because of insufficient funds.
If your account balance does not have sufficient funds to satisfy multiple conditional wagers made on the same race with the same scheduled timeframe (relative to minutes-to-post), the wagers will be processed in the order that (i) the condition is satisfied and (ii) the wagers were created. Conditional wagers which have not yet been sent to tote for processing ('Open' conditional wagers) may optionally be cancelled by the user. To cancel an 'Open' conditional wager, navigate to the active tab of ‘My Bets’ and locate the conditional wager ticket. Click the trash can icon associated with the ‘Open’ wager. If the cancellation is successful, the conditional wager will move from the active tab to the ended tab of ‘My Bets’.
PARLAY WAGERING
Parlay wagering is a form of conditional wagering in which users may place an initial wager and select one or more subsequent races within the same track and event to re-wager any potential winnings. Users pay for the initial wager only, with subsequent wagers funded by winnings or refunds (in the case of scratched runners, see below) from the prior race(s). A parlay wager continues until (i) all wagers are won (“parlayed” winnings then settle into user accounts as normal), (ii) one wager in the parlay loses (in which case no funds are returned), or (iii) the parlay “terminates” for a reason noted below.
Selections cannot be modified once a parlay wager is placed. Parlay wagers may only be cancelled until the betting pools for the first race in the parlay have closed. Winnings and/or refunds from non-final races in a parlay are automatically wagered into the next selection and are not refundable. Winnings from intermediate legs in a parlay will follow the breakage rules of the host racetrack.
Parlays may “terminate” for the following reasons: (i) if winnings and/or refunds from an earlier race in a parlay are insufficient to cover the minimum base bet amount for the wager type in the next race in a parlay; (ii) if a pool or race is cancelled so as to prevent the next wager in a parlay from being placed; (iii) if tax withholding occurs due to the winnings in a leg of a parlay. In all cases listed in this paragraph, any previously accumulated winnings settle into user accounts.
Funds from scratched runners in races that are not the final race of a parlay are either refunded or re-wagered as follows: (i) if all runners on which the user has wagered are scratched in any race of a parlay, funds (including any prior parlay winnings) will be refunded and used on the next race in the parlay; or (ii) if the user has placed a wager on multiple horses in any race of a parlay and fewer than all of the selected runners are scratched, funds only for scratched runners will be refunded and used on the next race in the parlay (even if there are no winnings from funds used on non-scratched runners). Funds from any scratched runners in the final race of a parlay are returned to user accounts, with remaining funds used on any selected non-scratched runners.
TwinSpires displays “estimated payouts” on parlays for informational and guidance purposes only. Estimates are based on morning line odds, and actual winnings may be lower or higher due to odds changes prior to the start of a race. Estimated payouts can also be impacted by scratches to runners in one or more races in a parlay. Actual payouts are determined by amounts wagered into the pool for each particular bet type. Maximum wager amounts will still be enforced, as will the normal takeout rates set by the racetracks and attributable to the wager type in each race in the parlay.
LIMITATION OF LIABILITY
The TwinSpires Conditional Wagering Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. TwinSpires does not warrant that the service will be uninterrupted or error-free. Conditional wagers are dependent upon the receipt of accurate and timely tote information (odds, probable payoffs, minutes-to-post, etc.) from third party tote providers. TwinSpires does not guarantee the accuracy of the tote information. If the tote information used for processing conditional wagers is subsequently deemed to be inaccurate, in no way shall TwinSpires 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 conditional wagering services (including, but not limited to, any conditional wagers that were sent or not sent, to tote for processing).
Conditional wagers accepted by tote may not ultimately satisfy the minimum/maximum odds or probable payoff since final odds and payoff information cannot be determined until all wagers have been placed into the pari-mutuel pool.
Conditional wagers may not always be successfully sent to tote for processing. For a variety of reasons, your conditional wager may take longer to execute (or may have less available time to execute) than what is normally expected. TwinSpires provides the service on a commercially reasonable basis and does not guarantee that your conditional wager will always be able to be executed.
In the event of a temporary tote outage or some other technical or mechanical issue affecting the processing of conditional wagers, the odds or probable payoffs may not be able to be evaluated at the designated time. In this event, the conditional wager may be evaluated when updated tote information is available, or may be evaluated with the most recent odds/probable payoff information available, or may not be processed at all.
NOTICE OF APPLICABLE LAW
TwinSpires is a licensed account wagering service provider in the state of Oregon. As such, the laws of the state of Oregon will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. TwinSpires reserves the right to make changes to the service and these disclaimers, Terms and Conditions at any time, in TwinSpires’ sole discretion, which changes shall become effective immediately upon posting on the web site. If you do not accept these conditional wagering terms or any changes to these Terms and Conditions for conditional wagers then do not use the conditional wagering service.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. Regardless, in no event shall TwinSpires' total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the service.
DEPOSITS
Deposits can be made online, by phone, mail, or in person using multiple deposit methods as listed on our Deposits page. Details on limits and fees can be found on our FAQ Page .
All deposits will be posted to your ADW wagering account as soon as they become available in accordance with our Terms and Conditions.
Any ACH based funding transaction may release funds for wagering; however, you will not have those funds available for withdrawal until TwinSpires.com has received notice that the funds have cleared the banking process.
You will not attempt to, and it is a violation of these Terms and Conditions to, cancel, reverse, or charge back a deposit made into your account ("Charge Back" or "Charged Back"), including by causing a third party to cancel or reverse a deposit made into your account. If TwinSpires is informed that any deposits to your account are Charged Back, fail to clear, or are otherwise dishonored by your financial institution, your account may be immediately restricted, suspended, or closed, and any winnings, rewards, credits, and/or other bonuses or promotional offers in connection with the deposit that has been Charged Back, failed to clear, or is otherwise dishonored by your financial institution shall be invalidated and forfeited by you, and the amount of the deposit deducted from your account. Additionally, you agree that any funds associated with a deposit that has been Charged Back, failed to clear, or is otherwise dishonored by your financial institution and that you have withdrawn from your account are the property of TwinSpires and shall be immediately returned to TwinSpires.
In the event of any dishonored financial instrument or transaction (including but not limited to a Charge Back), TwinSpires may invalidate and/or remove the deposit amount from your account, charge a service fee, and start collection procedures including, but not limited to, employing collection agencies and credit reporting agencies (with which we may need to share your personal information and which may adversely impact your credit rating) in an effort to collect any fees, charges or expenses incurred due to dishonored financial instruments from the responsible account holder. In the event a customer or other individual claims fraud and files a police report in conjunction with a dishonored financial transaction, TwinSpires may provide wagering account records to the investigating police department or other law enforcement authority to aid in the investigation. Accounts with dishonored financial instruments or transactions (including but not limited to Charge Backs) may be suspended or closed at TwinSpires’ sole discretion. You are responsible for and agree to reimburse, indemnify, and hold harmless TwinSpires for any and all reasonable claims, fees, fines, penalties, costs, and related expenses (including, without limitation, reasonable attorneys’ fees, costs, and expenses) associated with any deposits that have been Charged Back, cancelled, failed to clear, or are otherwise dishonored by your financial institution.
Accounts may be funded only by personal financial accounts registered in the same name as the accountholder. Only personal financial accounts, and no business or organizational accounts, may be used to fund accounts. TwinSpires reserves all rights to seek documentation for validating account information.
TwinSpires.com players may check account balances by logging onto www.twinspires.com or by calling our Player Services center at 1-877-SPIRES-1 (1-877-774-7371) at any time between 9:00am to 10:00pm Eastern Time.
TwinSpires.com player account balances accrue no interest.
TwinSpires.com reserves the right to amend this policy or enforce additional deposit rules and regulations at any time and at its sole discretion.
WITHDRAWALS
Withdrawal requests can be made online, by phone, or in person. The availability of funds is subject to funds available in the player's ADW wagering account less any pending deposits. Details related to withdrawals, including withdrawal methods and in-person locations and hours of operation can be found on our FAQ Page.
Withdrawal requests can only be made by the account holder and upon verification of the account holder’s identity. The account holder may be asked to answer certain questions in order to verify account holder’s identity.
Withdrawal requests are processed within five (5) business days after receipt of the withdrawal request. Notwithstanding anything to the contrary, in the event we believe, in our sole discretion, that you are in breach of the Terms and Conditions or engaged in any fraudulent or illegal conduct, or other conduct that would render us in violation of law or regulation, we reserve the right to delay, withhold, or revoke any withdrawal.
You may be required to provide TwinSpires with additional information and/or documentation from time to time, including, without limitation, bank statements, financial statements, pay slips, proof of residence, and/or a photo of you holding your identification, as determined by TwinSpires in its sole discretion, including, without limitation, prior to making a withdrawal. In the event we seek information from you, you must promptly provide accurate and complete information and must promptly update the information when it changes. Until you provide, and/or in the event you do not promptly provide, accurate and complete information in response to a request from TwinSpires, without limitation and in addition to any other rights and/or remedies available under these Terms and Conditions, TwinSpires may withhold any winnings and/or prizes, suspend or restrict your ability to withdraw from and/or deposit to your account, suspend your account, or close your account.
Withdrawals may be requested at certain locations affiliated with TwinSpires.com. In-person withdrawal requests must be in writing with an authorized signature on an official twinspires.com deposit/withdrawal slip. Withdrawals will be paid upon verification of account holder's identity based upon facility requirements. Withdrawals may be either paid in cash or check and may be limited depending upon facility requirements.
PROMOTIONS
These Terms and Conditions apply to any promotions, tournaments, contests, bonuses, or similar offers (each, a “Promotion”), in each case, made available in connection with TwinSpires.com. TwinSpires reserves the right at any time to (A) restrict or bar you from participating in any Promotions administered by TwinSpires and (B) cease offering any Promotions, in either case, as determined by TwinSpires in its sole discretion.
Each Promotion may have additional terms, conditions, rules, and/or eligibility requirements associated with it (“Additional Terms”), which will be immediately binding and enforceable upon you opting-in to, accepting, and/or redeeming the Promotion. The Additional Terms will either be: (A) provided to you to opt-in to or accept; (B) be posted on TwinSpires.com and/or the TwinSpires mobile applications; or (C) be otherwise available or communicated to you. By opting-in to, accepting, and/or redeeming the Promotion, you agree to the Additional Terms. All Additional Terms are hereby incorporated by reference into these Terms and Conditions in their entirety, including any amendments made to the Additional Terms at any time by TwinSpires in its sole discretion. You are solely responsible for reviewing and understanding the Additional Terms applicable to all Promotions in which you participate. In the event of a conflict between the Terms and Conditions and any Additional Terms for a Promotion, the Additional Terms shall govern, and nothing in the Terms and Conditions shall alter, amend, modify, invalidate, or void any term or condition in the Additional Terms.
Each Promotion is only available to accountholders who meet all eligibility requirements of the Promotion and adhere to the Additional Terms applicable to the Promotion. All determinations as to your eligibility for a Promotion and compliance with any Additional Terms shall be made by TwinSpires in its sole discretion. In the event you violate the Terms and Conditions or Additional Terms, in addition to any other rights and remedies, TwinSpires may withhold payment of, void, or require the return of any prizes or rewards associated with the Promotion. No more than the stated prizes of the Promotion will be awarded.
OTHER NOTICES OF INFORMATION
TAX REPORTING AND WITHHOLDING
In keeping with all federal tax laws set forth by the Internal Revenue Service (IRS), any wager that results in winnings of $2,000.00 will be reported to the IRS, if the amount of winnings is at least 300 times the original amount wagered. 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 original amount wagered. In each case, the original amount wagered shall include all wagers placed in a single pari-mutuel pool and represented on a single electronic record, which shall be aggregated and treated as a single wager for purposes of determining the amount of the wager. When required, TwinSpires.com will report and withhold winnings. A Form W2-G will be sent to the account holder summarizing such activity. All of the foregoing thresholds and procedures are subject to modification without notice if required by updated guidance or requirements periodically released by the IRS.
LIABILITY LIMIT
Except where provided otherwise by the Oregon Racing Commission, in no event will TwinSpires.com, Churchill Downs Incorporated, or our affiliates, subsidiaries, or parent companies, or the employees, officers, directors, shareholders, agents, contractors, or suppliers of each of the foregoing be liable for lost profits or any special, incidental, exemplary, punitive, or consequential damages arising out of or in connection with our services (however arising, including negligence). Without limiting the foregoing, in no event shall our or our affiliates, subsidiaries, or parent companies, or the employees, officers, directors, shareholders, agents, contractors, or suppliers of each of the foregoing, liability to you and any third parties in any circumstance exceed the amount of the wager you placed, and our liability shall be limited to the fullest extent allowable by applicable law or statute.
GOVERNING LAW
These Terms and Conditions and all transactions conducted with TwinSpires.com are governed by the laws of the State of Oregon, with the exception of the Arbitration Provision listed below under “DISPUTE RESOLUTION BY BINDING ARBITRATION,” which shall instead be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., notwithstanding any state or foreign law or rule, and irrespective of any choice of law provision. 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.
For Minnesota Residents only, please also see the second to last paragraph of these Terms and Conditions.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this provision (“Arbitration Provision”) carefully, because it requires you to arbitrate disputes with TwinSpires.com and it limits the manner in which you can seek relief, unless you opt out of this Arbitration Provision.
For purposes of this Arbitration Provision, all references to “TwinSpires.com” includes its parent, affiliates, subsidiaries, employees, owners, agents, officers, directors, successors, and assigns. Churchill Downs Incorporated, the parent company of TwinSpires.com, is an intended third party beneficiary of this Arbitration Provision.
Unless you specifically opt out using the procedures in the section below entitled “Your Right to Opt Out of Arbitration,” you agree to the Arbitration Provision set forth herein. Whether to agree to arbitration is an important decision. It is your decision to make and you should not rely solely on the information provided in this Agreement, as it is not intended to contain a complete explanation of the consequences of agreeing to this Arbitration Provision. You should take reasonable steps to conduct further research and to consult with others regarding the consequences of your decision.
For Minnesota Residents only, please also see the second to last paragraph of these Terms and Conditions.
Scope of Arbitration Provision. You and TwinSpires.com agree to resolve by binding individual arbitration any past, present, or future dispute, claim, or controversy of any kind or nature arising out of, relating to, or in connection with your access to or use of TwinSpires.com or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions), that you may have against TwinSpires.com. This arbitration provision shall not apply to a dispute if an agreement to arbitrate such a dispute is prohibited by governing law.
Waiver of Right to Trial and Waiver Class, Collective, or Representative Action. You and TwinSpires.com agree to waive (1) the right to a trial before a judge or jury in federal, state, or local court in favor of arbitration under this Arbitration Provision, and (2) any right to participate in any class, collective, or representative action, whether in court or arbitration, covering any dispute, controversy, or claim to which this Arbitration Provision applies.
Any claims subject to this Arbitration Provision shall be decided by an arbitrator on an individual basis only. Class, collective and representative actions are not permitted under this Arbitration Provision. The arbitrator shall not have the authority or jurisdiction to join or consolidate claims of different parties into a single proceeding, or to adjudicate any class, collective, or representative action.
Location of Arbitration, Applicable Rules, and Selection of Arbitrator. You and TwinSpires.com agree that any arbitration shall occur in the county in which you reside. You may request to appear at the arbitration telephonically or via videoconference. You and TwinSpires.com agree that such arbitration shall be conducted by a single arbitrator in accordance with the Streamlined Rules of the Judicial Arbitration and Mediation Services (“JAMS”). The current Streamlined Rules of JAMS are available here: http://www.jamsadr.com/rules-streamlined-arbitration/.
The arbitrator shall be a retired federal or state judicial officer who presided in the state where the arbitration will be conducted. If the parties cannot agree on an arbitrator, the selection process of JAMS shall apply.
Initiating an Arbitration. The party seeking to bring a claim under this Arbitration Provision must demand arbitration in writing and deliver the written demand, with an original physical signature, by hand or first class mail to the other party (the “Demand for Arbitration”). Any Demand for Arbitration submitted with a digital, electronic, copied, or other non-original signature will be null and void. The Demand for Arbitration shall include an identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any Demand for Arbitration made to TwinSpires.com shall be provided to by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: 600 N. Hurstbourne Parkway, Suite 400, Louisville, Kentucky 40222.
Authority of Arbitrator; Delegation Provision. The arbitrator shall have the authority to award any form of remedy or relief that would otherwise be available in court in an individual action, but under no circumstances shall the arbitrator have the authority to award any relief on a class, collective, or representative basis.
Other than the issue of whether an arbitration initiated under this Arbitration Provision can proceed on a class, collective, or representative basis rather than an individual basis (which may only be decided by a court of competent jurisdiction, and not the arbitrator), the parties agree that all disputes relating to the applicability, legality, enforceability, revocability, waiver of, or validity of this Arbitration Provision, including, but not limited to, whether any dispute or claim falls within the scope of this Arbitration Provision, and all disputes regarding the timeliness or propriety of the Demand for Arbitration, shall be delegated to and resolved exclusively by the arbitrator, to the fullest extent permissible under law, and not a court.
A judgment upon the final award rendered by the arbitrator may be entered by any court having jurisdiction thereof. However, in any arbitration award issued in an arbitration conducted in accordance with this arbitration provision, the arbitrator shall specify a reasonable time within which the final award shall be satisfied, and no party may seek to confirm the award until the time specified for satisfaction has expired. If the final award is satisfied during the specified time, no party shall seek to confirm the award.
Paying for the Arbitration. Unless otherwise required by any applicable law, the parties to the arbitration shall share equally the fees and expenses of the arbitrator, as well as the costs of any facility used in connection with the arbitration. If required by any applicable law, TwinSpires.com shall pay any costs uniquely associated with arbitration and that you would not have to pay if pursuing an action in court.
Confidentiality. You and TwinSpires.com shall maintain as confidential the arbitration proceedings and the arbitration award, including the arbitration hearing and all documents submitted to the arbitrator, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or in connection with seeking from a court any preliminary remedies, enforcement of this Arbitration Provision, or confirmation of an arbitrator’s award, or unless otherwise required by law or judicial decision.
Your Right to Opt Out of the Arbitration Provision. If you do not want to be subject to this Arbitration Provision, you may opt out from the Arbitration Provision by notifying TwinSpires.com in writing within 30 days of the date you first accept these Terms and Conditions by either (1) sending an email to player.services@twinspires.com stating your full name and decision to opt out of the Arbitration Provision, or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: 600 N. Hurstbourne Parkway, Suite 400, Louisville, Kentucky 40222 Attention: Legal Department.
In order to be effective, the letter under option (2) must clearly indicate your decision to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the date you first accept these Terms and Conditions.
Should you not opt out of this Arbitration Provision in accordance with the procedures outlined above, you and TwinSpires.com will be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision.
Severability of Arbitration Provision. Severability of this Arbitration Provision shall be governed be governed as follows: If any portion of this Arbitration Provision is determined by a court to be void, unenforceable, illegal, unconscionable, or invalid for any reason, then that portion shall be modified and/or deleted to the extent necessary to allow enforcement of the remainder of this Arbitration Provision. If any portion of the waiver of class, collective and/or representative actions contained in this Arbitration Provision is adjudged to be void, unenforceable, illegal, unconscionable, or invalid for any reason, then any resulting class, collective and/or representative actions must be heard and determined by a court of competent jurisdiction, and not in arbitration.
Governing Law for Arbitration Provision. This Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., notwithstanding any state or foreign law or rule, and irrespective of any choice of law provision. This Arbitration Provision will survive any expiration or termination of this Agreement.
Prior Arbitration Agreements. This Arbitration Provision supersedes any previous arbitration agreement between the parties, and any such prior agreement is hereby null and void.
STATUTE OF LIMITATIONS
You and TwinSpires.com agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TwinSpires.com or to these Terms and Conditions or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.
SEVERABILITY
If any part of these Terms and Conditions is determined by a court to be inapplicable or invalid, such term shall be excluded to the extent of such invalidity or unenforceability; then the remainder shall be given full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
PLAYER SERVICES, INFORMATION & HELP
Any questions or requests regarding player services, account settlements or issues, wagering disagreements, general information, etc. should be directed to TwinSpires Player Services at 1-877-SPIRES-1 (1-877-774-7371) at any time between 9:00am to 10:00pm Eastern Time. Please note: all player services inquiries will be monitored and recorded for player protection. By virtue of opening an account, the individual is consenting to the recording and the use of an identity verification agency.
ACCOUNT SAFETY, SECURITY AND PLAYER RESPONSIBILITIES
Accounts are for the personal use of the account holder and may not be transferred to another person. The account holder is responsible for maintaining the secrecy of the account number and secure personal identification number. Except where TwinSpires' account wagering center or its employees or agents act without good faith or fail to exercise ordinary care, TwinSpires.com is not responsible for any loss arising from the use by any other person or persons of an account holder's account. The account holder must immediately notify TwinSpires of a breach of the account's security.
TwinSpires.com is proud to bring you the most advanced deposit wagering platform available. Our top priorities are player satisfaction, player success, and personal account safety. As a TwinSpires.com account holder, you can help minimize account problems or issues by:
Always keeping your account number in a safe, reliable place that is easily accessible to only you;
Memorizing your password and Personal Identification Number and keeping a back-up in a safe and secure place;
NEVER leaving any computer logged on to your TwinSpires account for any reason (always sign out when leaving your computer unattended for any amount of time); and
Contacting TwinSpires.com immediately with any security or personal account issues either by phone: 1-877-SPIRES-1(1-877-774-7371) at any time between 9:00am to 10:00pm Eastern Time or by email at player.services@twinspires.com.
INVESTIGATIONS, THEFT, AND FRAUDULENT ACTIVITY
TwinSpires reserves all rights to report any activities that we reasonably believe constitute theft or fraud to the appropriate law enforcement authorities and may prosecute such activities to the fullest extent of the law. TwinSpires reserves all rights to suspend and/or close accounts suspected of fraud, and additionally to suspend accounts determined in TwinSpires sole discretion to be linked and/or associated with accounts suspected of fraud. To the extent permitted by law, TwinSpires may retain the proceeds resulting from such theft or fraudulent activity and, among other things, use those funds to pay for damages and losses resulting from such theft or fraudulent activity. We will provide notice to the registered email address to accountholders prior to removing from accounts any amounts resulting from theft or fraudulent activity. If you believe funds have been removed from your account in error, please contact us at player.services@twinspires.com.
You agree to promptly provide TwinSpires with all information requested by TwinSpires and provide any other assistance or cooperation in connection with TwinSpires’ investigation of any activity related to the TwinSpires website or application, including, without limitation, your account activity or wagers placed through the website or application. In the event you decline to provide TwinSpires with such information or otherwise fail to fully assist and cooperate with TwinSpires in connection with any investigation, you agree to forfeit, waive all claims to, and/or return all winnings and prizes associated with any wagers or other activity being investigated, and you acknowledge and understand TwinSpires may suspend or terminate your account, including, without limitation, denying any withdrawal requests.
LINKING TO THIRD PARTY WEBSITES FROM TWINSPIRES
TwinSpires.com contains links to websites outside of the Churchill Downs Incorporated family. Neither TwinSpires.com nor Churchill Downs Incorporated is responsible for outside (third party) sites' privacy and security measures, policies and guidelines. When clicking through to an outside (third party) site from www.twinspires.com, please be sure you understand each sites' own privacy and security guidelines.
COMPLIMENTARY PAST PERFORMANCE (“FREE WITH QUALIFYING BET”) PRODUCTS
We offer certain of our Past Performance products as complimentary for players who complete a qualifying wager (or combination of qualifying wagers) of a minimum designated amount on the racetrack and date to which the product applies. When you access any “Complimentary Past Performance” product and place a qualifying wager (or combination of qualifying wagers) on the applicable racetrack to which the product applies on the racing date to which the product applies, the product is free. By downloading a “Complimentary Past Performance” product, you acknowledge that your account balance will be deducted the listed price of the applicable product if you do not complete a qualifying wager (or combination of qualifying wagers) on a race at the specific date and race track to which the “Complimentary Past Performance” product applies, and you will not receive a refund.
If, on a previous day, you accessed a “Complimentary Past Performance” product but did NOT place a qualifying wager (or combination of qualifying wagers) on the applicable track / date and we were unable to successfully debit the product price from your wagering account after the day-end close of wagering (e.g. insufficient funds were available in your account at this time), then we will apply an upfront debit payment (from your wagering account) when you access a “Complimentary Past Performance” product next time. And, if / when you place a qualifying wager (or combination of qualifying wagers) on the applicable track / date time, we will then issue a refund of the product price to your wagering account, generally after the day-end close of wagering.
Please note that if you purchase a past performance or other product with a credit card, no refunds are provided. All credit card purchases are final.
Once a “Complimentary Past Performance” product is downloaded, any applicable debits/credits to your wagering account are normally applied within 24 hours of the relevant wagering pools being opened.
PADDOCK PRO CREDITS
Subject to applicable law, TwinSpires may permit eligible account holders to purchase Paddock Pro Credits for use solely with the Paddock Pro service. By completing a Paddock Pro Credit purchase, you authorize TwinSpires to immediately deduct the stated purchase price from the available balance in your TwinSpires advance deposit wagering account. If sufficient available funds are not in your account, the purchase will not be completed, and no credits will be issued. Paddock Pro Credits are a non-wagering digital product, are not redeemable for cash, are non-transferable, and, except as required by applicable law or as expressly provided by TwinSpires, are non-refundable. Additional terms governing Paddock Pro Credits, including use, expiration, service availability, and other credit rules, are set forth in the TwinSpires Paddock Pro Terms of Service , which are incorporated herein by reference. In the event of a conflict between this section and the Paddock Pro Terms of Service, the Paddock Pro Terms of Service will control with respect to Paddock Pro and Paddock Pro Credits.
USE OF EQUIBASE DATA AND PRODUCTS
The data used to create the Equibase Products and the TrackMaster® Products are proprietary to and are copyrighted by Equibase Company LLC and Axcis Information Network, Inc. respectively. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with the terms and conditions of this section.
You may NOT transfer the Equibase or TrackMaster® Products from one computer to another. You may not distribute copies of the Equibase or TrackMaster® Products to third parties. You may not create derivative works based upon the Equibase or TrackMaster® Products.
The Equibase and TrackMaster® Products are for your use only and may not be transferred to anyone else. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the Equibase or TrackMaster® Products on a permanent or temporary basis except as expressly provided for herein.
If you breach any of the terms and conditions of this section, Equibase and/or TwinSpires, in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the Equibase and TrackMaster® Products.
Your purchase of the Equibase and TrackMaster® Products indicates your acceptance of the terms and conditions of this section.
USE OF GREYNET/OTB AND TRACKDATA SYSTEMS
The data used to create the GreyNet/OTB System and other TrackData Systems products are proprietary to and are copyrighted by TrackData Systems Corporation. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with these Terms and Conditions.
You may NOT transfer the GreyNet/OTB System or other TrackData Systems products from one computer to another. You may not distribute copies of the GreyNet/OTB System or other TrackData Systems products to third parties. You may not create derivative works based upon the GreyNet/OTB System or other TrackData Systems products.
The GreyNet/OTB System or other TrackData Systems products are for your use only and may not be transferred to anyone else. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the GreyNet/OTB System or other TrackData Systems products on a permanent or temporary basis except as expressly provided for herein.
If you breach any of these Terms and Conditions, TrackData Systems Corporation and/or TwinSpires, in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the GreyNet/OTB System or other TrackData Systems products.
Your purchase of the GreyNet/OTB System or other TrackData Systems products indicates your acceptance of these Terms and Conditions.
LIVE VIDEO & RACE REPLAYS
Using the latest in streaming video technology, TwinSpires.com offers live video streaming and race replays to follow your favorite tracks online. You can view all of TwinSpires.com’s available live racetrack video feeds and watch the action unfold right on your computer screen. Race video is for wagering customers only. TwinSpires reserves all rights to suspend and/or close accounts, or take any other necessary action pertaining to customer accounts deemed, in TwinSpires’ sole discretion, to have engaged in abuse of access to race video.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TwinSpires, its parent and affiliates, its suppliers and contractors, and their officers, directors, employees and agents, successors and assigns of each of the foregoing entities from and against all claims, losses, damages, liabilities and costs (including but not limited to attorneys' fees and court costs), arising from or relating to your breach of these Terms and Conditions. This indemnification shall survive the termination of your TwinSpires account.
WAGER RESPONSIBLY
Be Smart - Bet Smart - Wager Responsibly
For many people, betting on the horses is exciting and entertaining. They make thoughtful decisions about spending time and money.
Here are some tips to follow in order to wager responsibly:
Balance playing the horses with other leisure activities
Play the horses for entertainment, not as a way to make money.
Do not "chase" losses. Accept them as the cost of entertainment.
Use extra income to wager, not money needed for everyday expenses.
Set a time limit.
Responsible wagering is what most people practice on a daily basis. For some, however, wagering or gambling becomes a serious problem that they are unable to control. This can lead to a state of compulsive or pathological gambling. Pathological gamblers cannot resist the temptation to gamble; they cannot stop regardless of their jobs, families or anything else.
How can you tell if you or someone you know has a gambling problem?
Have you often gambled longer than you had planned?
Have you often gambled until your last dollar was gone?
Have thoughts of gambling caused you to lose sleep?
Have you used your income or savings to gamble while letting bills go unpaid?
Have you made repeated, unsuccessful attempts to stop gambling?
Have you broken the law or considered breaking the law to finance your gambling?
Have you borrowed money to finance your gambling?
Have you felt depresses or suicidal because of your gambling losses?
Have you been remorseful after gambling?
Have you gambled to get money to meet your financial obligations?
If you or someone you know answered yes to any of these questions and needs help for a gambling problem, call today.
1-800-MY-RESET (1-800-697-3738) or text 800GAM.Help is available 24 hours a day….every day
ncpgambling.org/help-treatment
LEGAL NOTICES
By accessing and browsing the website, you accept, without limitation or qualification (subject to the right to opt out of the Arbitration Provision, described above), these Terms and Conditions and acknowledge that any other agreements between you and TwinSpires.com regarding the subject matter hereof are superseded and of no force or effect.
Use of documents from this website is for informational and non-commercial or personal use only and may not be copied or posted on any network computer or broadcast in any media, and modifications of any documents may not be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. No logo, graphic, sound, or image from the TwinSpires website may be copied or retransmitted unless expressly permitted by TwinSpires.com.
Images of people or places displayed on the TwinSpires.com website, or in related materials such as advertising or other printed materials, are either property of, or used with permission by TwinSpires.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms, specific permission is provided elsewhere on the website, or specific permission is granted by TwinSpires.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
TWINSPIRES.COM MAKES 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 WEBSITE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL TWINSPIRES.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, 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 TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TWINSPIRES WEBSITE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE.
The documents published on this website may include inaccuracies or typographical errors, and may be provided by third parties. While the information contained herein is believed to be accurate, TwinSpires.com will not be responsible for any errors or omissions. TwinSpires.com makes no commitment to update any of the information contained on the TwinSpires.com website.
Data provided or compiled by Equibase Company LLC generally are accurate but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing, and other causes. Bloodstock Research Information Services Inc., BrisBET Inc., and Equibase Company LLC disclaim responsibility for the consequences, if any, of such errors, but would appreciate having any such errors called to their attention.
Any data, questions, comments, or suggestions for features or services you transmit or post may be used by TwinSpires.com, without any further permissions from you and without any compensation to you, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and product enhancement. Except as prohibited by law or regulation, by visiting or utilizing TwinSpires, or accepting any winnings and/or prize, you grant TwinSpires and its affiliates the worldwide, perpetual, irrevocable, enterprise-wide, royalty-free right to use your name, photograph, image, likeness, statements, biographical information, voice, city and state of residence, and other identifying information in any and all forms of media, now known or hereafter devised (“NIL Rights”), for any lawful marketing, promotional, or advertising function pertaining to the website, application, and/or our affiliates’ other products and services without any additional consideration, compensation, notification, or permission. You agree to promptly sign any publicity release or similar document requested by TwinSpires. You expressly release CDTIC and its affiliates from and against any and all past, present, and future claims for compensation or liability that you or your successors, heirs, assigns or estate may have for violation of the right of privacy or publicity, defamation, libel, or any other claim or cause of action arising out of the use of the NIL Rights.
TwinSpires.com has published its privacy policies elsewhere on the TwinSpires website, which govern the handling of your personal information.
The TwinSpires.com website may provide links, which will let you leave the TwinSpires.com website. These linked sites are not under the control of TwinSpires.com and TwinSpires.com is not responsible for the contents of, or any changes or updates to such websites. TwinSpires.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of such sites by TwinSpires.com.
TwinSpires.com shall not be liable to you for failure to provide services in the event any equipment, service or transmission cannot be provided by TwinSpires.com or its contractors, due to an act of God, fire, epidemic, casualty, act or decision of a governmental authority, injunction, technical difficulties, failure of communications or electrical or telephone transmission lines or facilities, or any similar or dissimilar cause beyond the control of TwinSpires.com, its contractors, representatives, or agents.
Should any of the provisions of this agreement be held by a court, or a tribunal of competent jurisdiction, to be unenforceable, such provisions shall be limited to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the information contained herein. Data provided by third parties in conjunction with the TwinSpires website may be subject to separate copyright restrictions, which also must be honored by you.
You agree to defend, indemnify, and hold harmless TwinSpires.com, its affiliates and assignees and their respective subsidiaries, parent companies, officers, directors, employees, shareholders, agents, successors and assigns of each of the foregoing from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorney's fees) arising out of your use of the website.
As a condition of your use of the TwinSpires.com website, you warrant to TwinSpires.com that you will not use the TwinSpires.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner, which could tamper with, interfere with, damage, disable, overburden, or impair the website or application; circumvent, bypass, or manipulate the administration of the website or application; or interfere with any other party’s use and enjoyment of the website or application. Any conduct that in TwinSpires' sole discretion restricts or limits any other user's use or enjoyment of the website will not be tolerated, and is sufficient cause for termination of service without notice. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the TwinSpires website, including but not limited to using or colluding with any other person or entity to use, any automated means, including, without limitation, bots, scripts, artificial intelligence, programs, parsers, spiders, screen scrapers, or tools, to interact with the TwinSpires.com website or application.
TwinSpires.com shall have the right, but not the obligation, to monitor the content, and your usage of the TwinSpires.com website, to determine the compliance with these Terms and Conditions and any other operating rules established to satisfy any law, regulation, or authorized government request.
Using TwinSpires from your mobile or wireless device may cause you to utilize data or incur charges from your mobile or wireless carrier. You are solely responsible for any carrier charges resulting from your use of TwinSpires on your mobile or wireless device.
For Minnesota Residents only: Notwithstanding anything to the contrary herein, CDTIC consents to submit to the jurisdiction of Minnesota Courts and the Minnesota Racing Commission in any suit or action relating to access to or use of twinspires.com by Minnesota residents.
WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR WEBSITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME, WHICH CHANGES SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS AND CONDITIONS MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THIS WEBSITE SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.