Terms and Conditions

Welcome to play.windcreekcasino.com. We offer a range of fun and exciting online gaming and wagering opportunities. This Terms of Service Agreement including those additional terms and conditions and policies referenced herein and/or available by hyperlinks (collectively, the “Agreement”) governs our operation and offering of, and your access to and use of, our online casino. Please read it carefully.

1. Introduction

The Pennsylvania Gaming Control Board ( “PGCB”) has issued Wind Creek Bethlehem, LLC (“Wind Creek” or “we” or “us”) an interactive gaming certificate which authorizes Wind Creek to conduct interactive gaming activities, including real money gaming and interactive sports wagering, with eligible individuals physically located in the Commonwealth of Pennsylvania, via the website play.windcreekcasino.com or a mobile application or any other approved technology (collectively, the “Sites”). The “Sites” shall include all related web pages, interactive features, applications, widgets, blogs, call center, and mobile applications, and their respective contents, software, games and other offerings, whether accessed via computer, mobile device, or other technology and whether available to you now or in the future, and as may be modified.

You will be required to establish an interactive gaming account (“Account”) in order to participate in the online gaming activities offered by Wind Creek on the Sites.

This agreement is a binding agreement between you (“you” or “player”) and Wind Creek which sets forth the Terms and Conditions regarding Wind Creek’s operation and offering of, and your access to and use of the sites and your account, and your ability to engage in online gaming, interactive sports wagering, and other activities within the sites (collectively, the “services”). Therefore, read this agreement carefully and in its entirety prior to your use of the services.

2. Acknowledgement and Acceptance of Agreement and Other Terms and Conditions Referenced in the Agreement

By accessing or using any of the services in any manner (whether automated or otherwise), you (a) acknowledge that you have read and understand this agreement; (b) represent that you are 21 years of age or older and satisfy the other eligibility conditions and criteria of this agreement; (c) accept this agreement and agree to all of its terms and conditions as well as those of the additional rules and policies referenced in this agreement, all of which are considered a part of this agreement; and (d) agree and understand that you are legally bound by the terms and conditions of this agreement and of such additional rules and policies.

You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the Services. You are solely responsible for, and represent, warrant and confirm that your registration with, and use and continued use of the Services will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the Services.

If you do not agree to any of the terms and conditions set forth in this agreement you may not access, download, install or otherwise use the services. If downloaded or installed you must delete the downloads and/or uninstall.

You may request a copy of this Agreement by emailing us at support@play.windcreekcasino.com.

3. Modifications to Agreement

We reserve the right at any time to update, modify or change this agreement and the policies and terms and conditions set forth or referred to herein. Such changes will be effective when posted (unless we expressly state a later effective date). Any changes made to this agreement will apply only prospectively. Continuing to use the services after we post any modification is deemed acceptance of the modification.

The availability of the services and your account are subject, at all times, to applicable law and regulations in effect at the time.

4. Important Notice Regarding Dispute Resolution:

This Agreement contains provisions that govern how claims you and we have against each other are resolved (see Section 24 below), including an obligation to, subject to limited exceptions, submit claims you have against us to binding arbitration and to waive class action rights.

5. Who Are We?

Wind Creek is a Pennsylvania limited liability corporation, which is licensed by the PGCB to own and operate the Wind Creek Bethlehem Casino. It is also the holder of an interactive gaming certificate issued by the PGCB pursuant to and in accordance Act 42 of 2017 (the “Act”) and the related regulations, including but not limited to Title 58, Part VII, Subpart L (the “Regulations”), which permits Wind Creek to offer the Services. Wind Creek is operating the Sites, is the holder of the domain name for the Sites, and is performing the Services pursuant to the authority granted by such certificate and in accordance with the requirements of such certificate, the Act, the Regulations, and all applicable laws and regulations, including federal regulations. Your use of the Services is also subject to all such requirements.

In order to provide the Services, Wind Creek has entered into agreements with third party licensors of intellectual property including game content (for example) as well as third party service providers who are providing services in connection with the Services (third party licensors and third party service providers and their third party licensors and service providers shall sometimes be collectively referred to as “Third Party Providers” unless otherwise separately defined). You may be required to enter into agreements with certain of the Third Party Providers in order to utilize the Services.

One such Third Party Provider is Pala Interactive LLC (“Pala”). Pala provides services, software and hardware to Wind Creek relating to patron account management, game content and other matters in connection with the Services. Pala also utelizes licensed software of its Third Party Providers in connection with the Services, including game content and game-related software, and you will be bound by its terms and agree to sign any required agreements if requested. Pala is licensed by the PGCB and is subject to the requirements of such license as well as all applicable laws and regulations. Another such Third Party Provider is Betfred Sports (Pennsylvania) LLC (“Betfred”). Betfred provides certain services and, through its service providers, software and hardware to Wind Creek relating to sports wagering operations. Betfred will also utilize licensed software of its Third Party Providers in connection with the Services, including sports betting markets and sports betting related software, and you will be bound by its terms and agree to sign any required agreements, if requested. Betfred is licensed by the PGCB and is subject to the requirements of such license as well as all applicable laws and regulations.

The provisions of this Agreement are entirely subject to all applicable federal and Commonwealth of Pennsylvania laws and regulations and the requirements of the licenses or other authorizations issued by the PGCB to Wind Creek, Pala, other Third Party Providers and Payment Providers (later defined).