Link Your Momentum Account

1.1 Eligibility and Participation

1.1.1 Participation in the Momentum Program, access and use of the Websites and use of Services offered by any Mohegan property is at Your sole option, discretion and risk.

1.1.1.1 Internet Gambling may be illegal in Your Jurisdiction. The Online Casino and Momentum Rewards Program are not intended to enable You to contravene applicable law and are only to be used if You are eligible for participation, 19+, and physically located in the Province of Ontario.

1.1.2 The following individuals are not eligible to participate in the Momentum Program, and by registering You acknowledge and confirm that each of the following categories does not apply to You:

1.1.2.1 An individual who is physically situated outside the Province of Ontario;
1.1.2.2 An individual under 19 years of age. We reserve the right to ask for Your proof of age and suspend Your Account until satisfactory documentation is provided;
1.1.2.3 An individual that is participating in a self-exclusion process that applies to the Websites;
1.1.2.4 An individual who has been restricted from accessing the Websites or playing a lottery scheme as a condition of a court order;
1.1.2.5 An individual has been excluded from the Websites under subsection 3.6(1) of the Gaming Control Act, 1992;
1.1.2.6 An individual who, in Our sole discretion, is determined to be at high or extreme risk for Gambling-Related Harm;
1.1.2.7 Officers, members of the board of directors, or partners of MGE Digital;
1.1.2.8 Executives or staff of a trade union who represent or negotiate on behalf of employees employed by MGE Digital;
1.1.2.9 Employees of registered suppliers who maintain or repair gaming equipment for the Websites; and/or
1.1.2.10 Members or employees of the Alcohol and Gaming Commission of Ontario, and officers, members of the board of directors, or employees of Ontario Lottery and Gaming Corporation or iGO, unless they are within the description set out in subsection 22(6) of Ontario Regulation 78/12.

1.1.3 We do not warrant the legality of Your participation at the Online Casino in terms of the laws of Your Jurisdiction.

1.1.4 Mohegan is not responsible for any delay or failure in processing Momentum membership applications. We reserve the right to revoke or deny any application for Momentum membership for non-compliance with these Terms and Conditions at any time.

1.1.5 Valid government-issued photo identification, or other approved form of identification, is required for enrollment in the Momentum program. All information supplied when registering for the Momentum Program must be accurate, complete in all respects, and must match the information on your PlayFallsview.com Player Account.

1.1.6 You hereby authorize Us and our designated agents, as and when we require, to confirm Your identity and Your right to participate in the Momentum Program.

1.1.7 You may not open and maintain more than one Momentum account. Unless otherwise notified, all Momentum Accounts must be opened by visiting the Momentum Desk and VIP Services Desk at Fallsview Casino Resort.

1.1.8 Momentum cards are for the personal use of the individual who was issued the card. Momentum accounts, cards and points are non-transferable and may not be used by any other party. Any misuse or fraud may result in immediate revocation and loss of any outstanding Momentum privileges, points and benefits.

1.1.9 You must keep Your registration details up to date. If You change Your address, email, phone number or any other contact or personal information You are obligated to contact Player Support in order to update Your Account information.

1.1.10 You agree to receive communications from the Online Casino Group and its marketing agents.

1.1.11 It is Your responsibility to ensure that Your PlayFallsview Player Account has been successfully linked to Your Momentum Account.

1.1.12 The Online Casino allows You to choose Your own username and password combination, subject to any requirements we may have. You must keep this information strictly confidential. You are responsible for all actions carried out through Your Account if Your user name and password have been entered correctly. We are not liable for security weaknesses on devices or shared passwords. Players will refrain from using obscene or offensive usernames or aliases. Should You elect to do so we reserve the right to close Your Account.

1.1.13 All Player offers are limited to one per person, family, household address, email address, telephone number, debit/credit card and shared computer, e.g. school, public library or workplace. All Online Casino offers are intended for recreational players and we may in our sole discretion limit the eligibility of Players to participate in any promotion. We reserve the right to withdraw the availability of any offer or all offers to any Player or group of Players.

1.1.13.1 We reserve the right to reclaim all bonuses awarded and any winnings accrued if Players are found to be tampering with or abusing any aspect of a Momentum promotion or any other promotion offered by Us. Where there is evidence of a series of bets placed by a Player or group of Players, which due to enhanced payments through promotional offers results in guaranteed Player profits irrespective of the outcome, we reserve the right to ignore the bonus element of such offers and settle bets at the correct odds. We further reserve the right to ask any Player to provide sufficient documentation for us to be satisfied in our absolute discretion as to the Player’s identity prior to us crediting any bonus, free bet or offer to their account.

1.1.14 By registering, participating, using Your Momentum Card, or otherwise participating in any Momentum program or promotion, You are deemed to have accepted and understood all the Terms and Conditions, Privacy Statements, and other rules, regulations, limitations, and other information displayed on the Websites or otherwise provided to You by the Online Casino Group. We recommend that all Players print out (or save to file) all transaction records, Casino Guide, cancellation policies, and pay-out policies.

1.1.14.1 For avoidance of doubt, in addition to these Terms and Conditions, the following policies, at minimum, apply to Your participation the Momentum Program in the Province of Ontario:

1.1.14.1.1 Fallsview Casino Resort Momentum Terms and Conditions;
1.1.14.1.2 Fallsview Casino Resort Privacy Policy;
1.1.14.1.3 PlayFallsview.com Terms and Conditions; and
1.1.14.1.4 PlayFallsview.com Privacy Policy.

1.1.15 All Players who wish to either create a Momentum Account, or have their Momentum Account linked for play on PlayFallsview.com, must visit the Momentum Desk and/or VIP Services Desk at Fallsview Casino Resort. If this is not completed, play on PlayFallsview.com will not apply to Your Momentum Account in any way.

1.1.16 There may be some instances, adjustments to Momentum Accounts, including status points or Momentum Dollar balances, may be necessary. Please see Fallsview Casino Resort Momentum Terms and Conditions for more information.

1.1.17 Players are not permitted to transfer Status Points or Momentum Dollars to any other Momentum Account. Any attempt to do so shall be considered a violation of this Agreement.

1.1.18 MGE reserves the right to revoke, modify or revise the qualifications for receiving coupons, discounts, points, invitations and complimentaries, at any time, without prior notice.

1.1.19 MGE reserves the right to limit the number of Momentum Cards issues to any Momentum Account Holder and is not, in any way, responsible for lost, stolen, or destroyed cards or any resulting misuse. Lost or stolen cards must be reported to the Momentum Desk immediately. All Momentum cards are property of MGE and must be returned upon request.

1.1.20 Each Momentum member must select a Personal Identification Number (PIN) that will be used for the member’s account and online My Momentum account. Members are responsible for keeping their account information and PIN secure and confidential. Your PIN can be changed at the Momentum Desk and VIP Services Desk at Fallsview Casino Resort and the Momentum Desk at Casino Niagara.

1.2 Status, Status Points, Momentum Dollars
1.2.1 Qualification for player status is based on Status Point accumulation. Status Points are points earned while playing slots and video poker, and length of play, average wager and the type of game played for table play.

1.2.2 Status Points will be earned based on rated play and are not eligible for redemption. Status Points have no cash value but are used to note progress relative to Status Point thresholds. Members engaging in Slot or Table Games play linked to their Momentum account, shall earn Status Points at a proprietary and confidential rate.

1.2.3 One Momentum Dollar is valued at $1CAD at all participating outlets as identified by MGE from time-to-time. This non-cashable currency may be utilized at all eligible and participating venues. Redemption of Momentum Dollars may be applied to food, non-alcoholic beverages, goods, and/or gift cards at Fallsview Casino Resort/Casino Niagara. Momentum Dollars are also valued at $1CAD in Free Slot Play at a slot machine or Promotional Chips at table games at Fallsview Casino Resort/Casino Niagara.

1.2.3.1 The earning rate of the Momentum Dollar is proprietary and confidential and is based on Status tier and rated play at PlayFallsview.com, Fallsview Casino Resort and Casino Niagara.

1.2.3.2 Any slot play resulting from the redemption of Momentum Dollars that is recorded at MGE sites will not qualify to earn Momentum Dollars under the Program.

1.2.3.3 Members must have active play (earning at least one status point) at Fallsview Casino Resort and Casino Niagara for Momentum Dollars to remain active. Accounts without active coin-in/buy-in for 364 consecutive days or longer may result in the purging of all Momentum Dollars from the member’s account.

1.2.3.4 MOMENTUM DOLLARS ARE NOT REDEMABLE IN ANY WAY ON PLAYFALLSVIEW.COM.

1.2.4 Status Points and Momentum Dollars are automatically tracked and credited to each member’s account by MGE in accordance with its official records and have no value or other use outside of this Program. Status Points and Momentum Dollars cannot be assigned, exchanged, traded, bartered, purchased, given by gift or otherwise sold. Any Status Points or Momentum Dollars acquired in this manner will be void. The accumulation of Status Points and Momentum Dollars does not entitle the member to any vested rights, and MGE does not guarantee in any way the continued availability of, any reward or any other benefit.

1.2.5 All Status Points and Momentum Dollars are subject to verification at any time and for any reason. MGE reserves the right, in its sole discretion, to invalidate any Status Points or Momentum Dollars that MGE deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms, as interpreted by MGE in its sole discretion.

1.2.5.1 Any Status Points or Momentum Dollars that cannot be verified to the complete satisfaction of MGE are subject to disqualification.

1.2.6 MGE, the AGCO, MGE’s advertising, promotion and management agencies, iGaming Ontario, and each of their respective parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies (collectively, its “Representatives”) and any entity involved in the development, production, administration, or fulfillment of the Program, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) will not be liable for, and accept no liability whatsoever in relation to, the failure of any Status Points or Momentum Dollars to be captured or recorded for any reason. Any Status Points or Momentum Dollars accumulated through misuse of the card, abuse or fraud (all as determined by MGE in its sole discretion) will be forfeited. All determinations regarding whether or not a member is eligible to earn Status Points or Momentum Dollars in accordance with these Terms will be made by MGE in its sole discretion.

1.2.7 MGE reserves the right to adjust point balances and/or account status due to computer error, machine malfunction, operator error, fraud or other misuse of the Momentum card.

1.2.8 For full information regarding Player Status, Status Points, and Momentum Dollars, refer to Fallsview Casino Resort Momentum Terms and Conditions.

1.3 Your Warranties
1.3.1 You warrant and represent, and we enter into this Agreement on the basis of and in reliance on such representations and warranties, all of which are material at the time of Your entering into this Agreement and throughout the terms hereof, that You:

1.3.1.1 are legally able to participate in the Online Casino;

1.3.1.2 are an “adult”, having reached the age of nineteen (19) years-old;

1.3.1.3 shall not register for or attempt to register for multiple Player Accounts;

1.3.1.4 shall not allow any third party (in particular, but without limitation, any minor) to, directly or indirectly, use Your Accounts, utilize the Software or accept a prize from the Online Casino;

1.3.1.5 shall not share Your Momentum Card, Momentum PIN, or other Momentum Account information with any other person;

1.3.1.6 are not an employee, executive, officer, board member, partner of the Online Casino;

1.3.1.7 are not an employee or an executive of any trade union representing or negotiating on behalf of employees of the Online Casino;

1.3.1.8 are not an officer, board member, employee, or are otherwise affiliated with the AGCO, OLG, or iGO;

1.3.1.9 do not have access to non-public information that may impact the outcome of any game, event, or bet type;

1.3.1.10 do not have sufficient authority to influence the outcome of any game or event, this includes but is not limited to players, athletes, coaches, managers, owners, and referees of teams, sports or events of the type offered on the Online Casino platform;

1.3.1.11 are not a ten (10) percent or greater owner of a sport governing body;

1.3.1.12 are not involved in compiling betting odds for any sport, game, or event hosted on the Online Casino platform;

1.3.1.13 shall immediately cease playing, betting, or otherwise accessing Your Player Account if You, at any time, are unable to comply with any requirement established herein, until such time that You are able to fully comply;

1.3.1.14 have furnished us with personal details that are valid, accurate and complete in each and every respect and that You shall advise us immediately via email should such details change;

1.3.1.15 are the true and lawful owner of the monies that You wager at the Online Casino and that You are duly and properly authorized to utilize such monies for the aforementioned purposes;

1.3.1.16 shall not use Your Player Account or Momentum Account for illicit, unlawful, or any other purpose that is counter to the intention of these terms and conditions;

1.3.1.17 have read and understood these Terms and Conditions; and

1.3.1.18 shall participate at the Online Casino on an individual basis and for personal entertainment only (that is, not in a professional sense or in concert with other Players as part of a club, group, etc.).

1.3.2 If You breach the warranty contained herein, Your participation in the Program and on PlayFallsview.com shall be subject to termination.

1.4 Refusal to Register and Right to Exclude

1.4.1 We may refuse to register You as a Momentum participant or elect to deregister and exclude You or suspend You as a Momentum participant at any time and for any reason that does not constitute discrimination under the applicable human rights legislation.

1.4.2 You acknowledge hereby that Mohegan is not obliged to give You prior notice of its decision to refuse, deregister or exclude or suspend Your participation in the Program, nor to furnish You with any reasons for such decision.

1.5 Deregistration, Exclusion or Suspension

1.5.1 Notwithstanding anything to the contrary contained herein, your participation shall be terminated on request of iGO or the Alcohol and Gaming Commission of Ontario (“AGCO”).

1.5.2 You have the right to deregister or terminate Your Momentum account at any time. Once such election is made, Your Momentum account will be deactivated and any outstanding Momentum Dollar and/or Status Points shall be immediately forfeit.

1.5.3 If You elect to Self-Exclude from PlayFallsview.com, You will immediately be prohibited from participating in the shared Momentum Program throughout the pendency of Your Self-Exclusion.

1.5.4 If we deregister or exclude or suspend You from Momentum participation, we shall have the right to:

1.5.4.1 withhold payment to withhold or revoke any Momentum Dollars, Status Points, or any other bonuses, gifts, and/or credits associated with Your Momentum account;

1.5.4.2 exclude You from all or any other promotion offered by Mohegan or its affiliates;

1.5.4.3 determine what criteria You shall have to meet in order to establish a new Momentum and/or Player Account; and

1.5.4.4 in the case of fraudulent, illegal or similar misconduct by You or failure by You to pay any sums due to us, we have the additional rights to:

1.5.4.4.1 furnish any relevant information about You to an intra-group database recording, and share Your Account details with a collections agency for the recovery of, any sums that You owe us as permitted by law, and You hereby irrevocably authorize us to do so in our absolute discretion; and

1.5.4.4.2 retain any contested funds that may be derived by You from fraudulent, illegal or similar misconduct.

1.5.5 If an account is removed, deactivated, or deleted for any reason, we shall retain all associated Player Information in accordance with AGCO Standard 1.09 and other records retention requirements as applicable.

1.5.6 If You elect to Self-Exclude at any land-based gaming property in Ontario, participation in the Momentum Program shall be suspended for the duration of your Self-Exclusion. Participation on PlayFallsview.com shall not

1.6 Publicity

1.6.1 If, while participating in the Momentum Program, You win a sum of money or any other prize that is, in MGE’s sole discretion, worthy of publicity, You agree to make Yourself available for any event to publicize Your win and/or participation as arranged by the Online Casino from time-to-time. The Online Casino will make reasonable efforts to protect Your privacy as part of such events.

1.6.2 You further grant us the right to use Your first name in any publicity about Your participation (as described above) and the discretion to use an image of a model of our choice to represent You in any published materials.

1.7 Your Consent

1.7.1 Telephone calls may be recorded or monitored for quality or security purposes. By using this service, You are consenting to the recording or monitoring thereof.

1.7.2 Consistent with our Privacy Statement and subject to the limitations therein, we may collect and record certain communications and details of transactions and details of Your participation in the Momentum Program.

1.7.3 Consistent with our Privacy Statement and subject to the limitations therein, by registering an account, You hereby consent to us contacting You through various means of communication (not limited to email, telephone and SMS) in respect of matters relating to Your Momentum Account. To unsubscribe to any or all forms of communication, please contact us at support@playfallsview.com.

1.7.4 The legal authority under which we collect personal information as part of the Services includes FIPPA, Ontario Regulation 722/21 made under the Alcohol and Gaming Commission of Ontario Act, and Article 13 of the Operating Agreement between iGO and Us.

1.8 Use of Bots, Illegal Software, and Other Abuse

1.8.1 The use, exploitation, or abuse of a bug (i.e. an error, flaw, failure or fault in the Online Casino, Website, or any of our systems), bots (automated programs, scripts, or algorithms), or any form of expert systems, machine learning or other artificial intelligence technologies in Your interactions with the Online Casino or Website are not permitted and grounds for terminating Your Account

1.8.2 The use of software to influence or modify your participation in any promotion, game, or contest is strictly forbidden and grounds for termination of Your Momentum Account and confiscation of any rewards, bonuses, credits, or other offers.

1.8.3 We shall take all necessary measures to respond to the use, exploitation or abuse of a bug, bot or any form of expert systems, machine learning or other artificial intelligence technologies from a Player. These measures may include blocking or suspending the Account, freezing of the funds, and we reserve the right to legal proceedings.

2. The Service

2.1 We are not liable for any downtime, disruptions, lagging, or any technical or other disturbance to the Momentum Program or associated offers and promotions. We are not liable for any acts or omissions made by Your internet service provider or any third party with whom You have contracted to gain access to the servers that host the Online Casino, Website, and Momentum Program information. The Momentum Program and associated offers and promotions are provided ‘as is’ and we make no warranties or representations, whether express or implied (whether by law, statute or otherwise) including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the Software or Services. We expressly disclaim any promises with regards to the quality and performance of the Momentum Program or associated offers or promotions.

2.2 We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by You to participate in the Momentum Program or associated offers or promotions by methods, means or ways not intended by us. You are solely responsible for any telecommunications devices and services utilized by You to access and interact with the Momentum Program and associated offers or promotions.

2.3 We make no warranty that the Momentum Program or associated offers or promotions will meet Your requirements, be uninterrupted, timely, secure or error-free, or that defects will be corrected to Your satisfaction.

2.4 We make no warranty or assurances that the software or server we utilize to make the Momentum Program or associated offers or promotions available to You are free from viruses or bugs or concerning the functionality, accuracy and reliability of the Momentum Program or associated offers or promotions. In the event of systems or communications errors relating to the generation of random numbers, or other element of any offer or promotion in connection with the Momentum Program, we will not be liable to You as a result of any such errors and we reserve the right to void all bets on the draws in question.

2.5 We cannot guarantee that the Service will never be faulty but we use reasonable commercial efforts to correct reported faults as soon as we reasonably can. If You encounter a fault or bug, we encourage You to report it by contacting Player Support at support@playfallsview.com.

2.5.1 We shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Online Casino, Website or Services; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of any games or activities or any errors or omissions in Content.

2.6 We do not provide advice to Players regarding tax or legal matters. Players who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors or authorities in Ontario.

2.7 As a condition of Your use of the Services, You agree:

2.7.1 not to use the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;

2.7.2 not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Services or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

2.7.3 not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, assign, distribute, lease or otherwise make available to any third party or otherwise publish, deep-link, scrape, frame, create derivative works from or exploit in any way the Services or Content except as permitted by us under these Terms or as expressly provided under applicable law;

2.7.4 not to use the Services to distribute viruses or malware or other similar harmful software code;

2.7.5 not to export the Software to any country or jurisdiction outside of Ontario (whether by physical or electronic means); and
2.7.6 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.

2.7.7 You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any non-permitted use as established herein.

3. Indemnity & Limitation of Liability

3.1 You agree that You are free to choose whether to participate in the Momentum Program or any other Services offered by us and do so at Your sole option, discretion and risk. You will indemnify and hold harmless us and our directors, officers, employees, shareholders, agents and affiliates, our its ultimate parent and parent companies and any of its or their subsidiaries (collectively, the “MDC Parties”, and each an “MDC Party”) against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by Us.

3.2 You understand and agree and recognizing that Your participation in the Momentum Program and any promotion offered by us is at Your own risk. You understand and agree that in no circumstances whatsoever shall any MDC Party, nor any of their suppliers or licensors, be liable to You for: any direct, indirect, special, consequential, punitive, exemplary or other damages of any kind, including, without limitations, damages for loss of profits, goodwill, use, data or other tangible or intangible loss or any other damages based on contract, tort, negligence, strict liability or any other theory (even where We have been notified by You of the possibility of such loss or damage), resulting from Your participation in the Momentum Program, access and use of the Websites and use of the Services offered by Us; Your inability to participate in the Momentum Program, access or use the Websites or use the Services offered by us; unauthorized access to or alteration of Your transmissions or data; statements or conduct of any third party in the Online Casino, on the Websites or on or through the Services offered by us; any actions We take or fail to take as a result of communications You send to us; any incorrect, illegible, misdirected, stolen, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions; interruptions; latency; deletions or defects of any device or network, providers or software (including, but not limited to, those that do not permit You to participate in the Momentum Program, access or use the Website or use the Services offered by us); any injury or damage to computer equipment; inability to fully participate in the Momentum Program, access or use the Websites or use the Services offered by us; theft, tampering; destruction, or unauthorized access to, or alteration of, entries, images or other Content of any kind; data that is processed late or incorrectly or incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Momentum Program, Websites or Services offered by us. Except as otherwise expressly set forth in these Terms and Conditions, our liability to You for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by You to us for general participation in the Momentum Program, access or use of the Websites or use of the Services offered by Us during the term of You maintain an Account with us, not including any bets or any entry fees for contests completed prior to the circumstances giving rise to the claim.

3.3 The MDC Parties shall not be liable for any acts or omissions of or advertisements published by third party advertisers and marketers.

3.4 Nothing in this Agreement will operate to exclude any liability of any MDC Party for fraud, death or personal injury that is caused by such party’s negligence.

3.5 You acknowledge and agree that You assume full responsibility for Your participation in the Momentum Program, access and use of the Websites and use of Services offered by us.

3.6 You acknowledge and agree that any information You send or receive during Your participation in the Momentum Program, access and use of the Websites and use of services offered by us may not be secure and may be intercepted or later acquired by third parties.

4. Promotions and Competitions

4.1 We shall, from time to time, offer certain promotions and competitions as part of the Momentum Program and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific and any complimentary bonus credited to Your Account must be used in adherence with such terms and conditions. Where wagering requirements for bonus money or free credits are not specifically stipulated in promotional offers then the rules will be made publicly available.

4.2 These Terms and Conditions apply to any competition or promotion associated with the Momentum Program.

4.3 In the event of a conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions (as applicable) shall prevail but only to the extent that the Terms and Conditions conflict with one another.

4.4 We reserve the right to exclude players from taking part in any promotion relating to the Momentum Program in our discretion. Promotions are for limited time only and we reserve the right to terminate any promotion at any time without prior notice.

4.5 You agree that You shall have no ownership or other property interest in the Momentum Program, Your Account, or in any offer related to a competition or promotion, including any Momentum Dollars and/or Status Points. You are expressly prohibited from transferring, purporting to transfer, or otherwise attempting to transfer any Content or rights to any promotional offer, competition, bonus, or credit outside of any mechanism provided by us. This prohibition expressly includes any attempted or purported sale, gift or trade in the “real world” of any Momentum Dollars, promotional offer, bonus, or credit.

5. Responsible Gaming/Gambling

5.1 Gaming is supposed to be fun but can be addictive. We promote responsible gaming by:

5.1.1 enabling the blocking / suspension of accounts upon request;

5.1.2 allowing You to contact one of our Player Support Representatives or click through to one of the links provided in the Responsible Gaming page; and

5.1.3 allowing You to voluntarily exclude Yourself from accessing the Online Casino by contacting our Player Support representatives.

5.2 For full details about our Self-Exclusion Program, please refer to the Responsible Gambling page.

5.3 Although every effort will be made to action Your request via email within a reasonable period of time, please bear in mind there may be a slight delay to action. We are not liable for losses due to pending communications.

6. General Terms

6.1 Amendment

6.1.1 We may, without notice to You, amend, alter, delete, change or add to these Terms and Conditions, the promotion or competition-specific Terms and Conditions, the Casino Guide, and/or the full Terms and Conditions of PlayFallsview.com (each, a “Change”), at any time whatsoever.

6.1.2 These Changes shall become effective, and You shall be bound by these Changes, immediately upon their posting on the Online Casino Website, or upon direct notice to You.

6.1.3 You agree to regularly review these Terms and Conditions, promotion or competition-specific Terms and Conditions and the Casino Guide regularly in order to assess whether any Changes have been made.

6.1.4 Your continued use of the Services and Websites constitutes Your agreement to all such Changes.

6.2 Severability. If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.

6.3 Non-Waiver. No indulgence granted by Us to You should be construed as a waiver of any of Our rights in terms of these Terms and Conditions.

6.4 Third Parties. Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.

6.5 Acceptance. By accepting these Terms and Conditions You are fully aware that there is a risk of losing money when gambling by means of the Website and You are fully responsible for any such loss. You agree that Your participation in the Momentum Program, access or use of the Website and use of the Services offered by Us is at Your sole option, discretion and risk. In relation to Your Losses You shall have no claims whatsoever against us or any of our partners or their respective directors, officers or employees.
6.6 Incorporation. The full Terms and Conditions of PlayFallsview.com are hereby incorporated by reference.

6.7 Whole Agreement. Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that You are not relying on any representation, agreement, term or condition that is not set out in this Agreement.

6.8 Interpretation. In this Agreement, the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.

6.9 Governing Authority. This Program is governed solely by the laws of Ontario, and the federal laws of Canada applicable therein. Players acknowledge and agree that we may be bound (and shall be entitled) to disclose certain information about You and Your Account to applicable regulatory authorities.

6.10 Applicable Law & Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of Ontario and the applicable federal laws of Canada. Each of the parties hereto hereby irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario.

6.11 Limitation of Actions. You hereby agree that any legal proceedings to enforce any claim that You may have (if any) against the Us shall be initiated by You within a period of six (6) months of the cause of action arising (the “Prescription Period”); failing which You hereby forever waive and abandon any right that You may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.

6.12 Translations. These Terms and Conditions may be translated into many different languages. If there is any discrepancy between the English language version of these Terms and Conditions and any other-language version of these Terms and Conditions in the meaning and interpretation of any of the provisions of these Terms and Conditions, the meaning and interpretation of the provisions under the English language version shall prevail.

6.13 Tournaments. Entrance into any tournaments are limited to one per person per account. If Players open multiple accounts, they will not be eligible for an entry per account. Entry is only available once per Player or per environment where computers are shared or per e-mail address. Only one alias is permitted per Player per tournament.

6.14 Complaints and Disputes. This Section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between You and us arising out of or in connection with these Terms and Conditions (including without limitation our Privacy Policy) or Your use of the Site, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The term “dispute” will be given the broadest possible meaning allowable under law.

6.14.1 Each of the parties hereto hereby irrevocably consents to the exclusive jurisdiction of the courts of the Province of Ontario.

6.15 Assignment. These Terms and Conditions are personal to You, and are not assignable, transferable or sub licensable by You except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to You.

6.16 Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets involving us, Your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide You with notice via email or notice on our web site explaining Your options with regards to the transfer of Your Account.

6.17 Termination of Account. We reserve the right to cancel Your Account for any reason whatsoever at any time without notice to You.

7. Privacy Statement

Our Privacy Statement explains how we collect, store, use, and share Your information, and is hereby incorporated into this Agreement. You expressly acknowledge that You have reviewed the Privacy Statement and agree to the practices described therein. Our Privacy Statement can be found at: https://playfallsview.com/article/privacy-policy/.

8. Contact

If You have any questions regarding these Terms and Conditions, please contacts us at: support@playfallsview.com.