Effective Date: August 24, 2016

WELCOME TO NYRAbets! 

NYRAbets is a platform owned by The New York Racing Association, Inc. Your access to and use of NYRAbets and its account wagering services is subject to the following terms and conditions and all applicable local, State and Federal and International laws and regulations.  By accessing the website, you (“you” or “User”) accept, without limitation or qualification, these Terms and Conditions. 

We reserve the right to make changes to our website and these Terms and Conditions (including, without limitation, account wagering rules, policies and procedures) at any time, which changes will become effective upon the Effective Date set forth at the top of this website. It is your responsibility to check the website periodically for changes to these Terms and Conditions.  The Effective Date is the date on which these Terms and Conditions were last updated.  

Please read these Terms and Conditions thoroughly and with great care and attention. Your use of this site indicates your agreement with these Terms and Conditions and any amendments thereto. 

1.    User Account
To establish and/or maintain a wagering account, you must meet the following requirements (collectively, the “Basic Requirements”):
•    Be at least 18 years of age (21 years of age in Alabama, Iowa, North Dakota, Washington);
•    Be a natural person;
•    Be a citizen of the United States or a resident alien; and
•    Reside in a jurisdiction where pari-mutuel wagering is lawful.
By establishing an account with NYRAbets, you certify that:
•    You have read and agreed to use your account in accordance with these Terms and Conditions.
•    The information you submitted in order to establish an account is accurate.
•    You meet the Basic Requirements.
•    You are familiar with the Local Laws (as defined below) applicable to you and that you are not prohibited from establishing an account with NYRAbets and placing wagers through NYRAbets.
•    In the event you are traveling outside of the state in which you reside, you will only place wagers from those jurisdictions where account wagering is legal.
•    Your account is for your personal, private use only. You will not allow a person other than you to use your account and bear full responsibility for maintaining the confidentiality of your account, including, without limitation, account PINs and passwords.
In order to establish an account, you must provide to NYRAbets the following information:
•    Full legal name
•    Date of birth with proper identification or certification demonstrating that you are of the required age
•    Principal residence address (no P.O. Box)
•    Telephone number
•    Social Security Number
•    Any additional information that NYRAbets and their affiliates requests to verify your identity
In order to comply with our obligations as a business that transfers funds, and to combat money laundering activities and the funding of terrorism, NYRAbets obtains and verifies record information that identifies each individual who requests to establish a wagering account.  We may, at any time, request additional identifying documents or information.  Failure to provide requested information may prevent you from establishing a wagering account, or we may discontinue your wagering account, in our sole discretion, at any time.  By initiating any transfer of funds into a wagering account, you are representing that all of the information provided by you is accurate.

Upon completing your registration, you will be opted-in to receive email communications from NYRA and NYRAbets.  Our email policy is published as part our Privacy Policy, which governs the handling of your personal information and is published on our website.

An individual may have only one account at a time. NYRAbets reserve the right to (i) deny the establishment of an account for any reason, and (ii) close an account for any reason. 

Accounts inactive for thirty-six (36) months will be closed. Upon closing of an account, NYRAbets will return to you the balance of any funds in your account at the time of termination, less any applicable fees due to NYRAbets via check mailed to the account holder’s address associated with the account.
To facilitate the establishment and maintenance of your account:

•   You authorize NYRAbets to obtain reports or other forms of authentication from credit bureaus and other third party services in connection with the establishment, maintenance and review of your account.

•    You consent to NYRAbets offering to you and marketing to you information products and services as NYRAbets feel from time to time are of value and interest to you.
•    You authorize NYRAbets to accept, and you agree to be responsible for, all instructions sent to NYRAbets or to NYRAbets’ totalizator system, by such means as are made available by NYRAbets, when accompanied by your account number and account PIN and/or password.
•    You acknowledge that NYRABETS reserves the right to report unusual or suspicious activity to the proper authorities.
•    You agree to keep your account number, personal identification number (PIN), password and other confidential account data confidential.
•    You agree to keep all information you provide to NYRAbets accurate and complete, and immediately notify NYRAbets of any changes in such information
•    You agree to notify NYRAbets upon a change in your state of residency by calling 1-844-NYRA-BET (1-844-697-2238) and pressing 6 to speak with a NYRAbets customer service manager. If you move to a state where wagering services are not available or wagering is not permitted, NYRAbets will be obligated to terminate your account.

2.    Funding Your Account

Funding by Credit Cards and Debit Cards via Telephone.

You can fund your NYRAbets account using your credit card or debit card as a cash advance by calling 1-844-NYRA-BET (1-844-697-2238). The fee charged by NYRAbets for providing this service is 4% of the amount you deposit. NYRAbets reserves the right to adjust the fee schedule without prior notice. Please be aware of any additional fees charged by your credit card provider. You will be notified of NYRAbets’ applicable transaction fees prior to confirming your deposit request. 
You authorize NYRAbets to electronically charge your credit card for the amount of your deposit request plus any and all applicable fees. You may revoke this authorization by calling 1-844-NYRA-BET (1-844-697-2238) and pressing 6 to speak with a NYRAbets Customer Service Manager. You understand that this authorization will remain in full force and effect until I notify NYRAbets by phone that you wish to revoke this authorization. You understand company requires at least five [5] business days’ notice in order to cancel this authorization.

Online Credit Card and Debit Card Funding.
You can also fund your NYRAbets account using your credit card or debit card as a cash advance online, up to the allowable limits. Please be aware that some banks or credit card providers may charge a cash advance fee. Please check with your credit card provider or bank for details. The Online Credit Card and Debit Card Funding daily limit is $1,000 maximum in one calendar day and in any single transaction. Online Credit Card and Debit Card Funding is further subject to an aggregate limit of $3,000 in any calendar week (Monday through Sunday) and an aggregate limit of $5,000 in any calendar month.       

Express Funding.
If you qualify, you can use our Express Funding option to instantly fund your NYRAbets account by either electronic funds transfer or physical check from your personal checking account. Express Funding is only available if your personal checking account is registered in the electronic funds transfer system. With Express Funding, qualified deposits will result in immediate credits to your NYRAbets account, up to the allowable Express Funding limits.
In order to use NYRAbets Express Funding, you must enroll and agree to all policies, procedures and instructions of the NYRAbets Express Funding program available on the website. By enrolling in Express Funding, you must also follow the NYRAbets Electronic Withdrawal procedures available on the website.
Express Funding is not available to all Users. NYRAbets reserves the right to authorize an account holder to qualify for Express Funding or Enhanced Express Funding at its sole discretion if deemed warranted. Enhanced Express Funding privileges are reviewed on the first calendar day of each month. Those Users that qualify will be notified via email. It is incumbent upon the User to make sure a proper working email is provided to NYRAbets for this communication.
Upon your deposit request, confirmation and approval of the Express Funding eligibility screening, your NYRAbets account will be immediately credited within the allowable Express Funding or Enhanced Express Funding limits.
To make an Express Funding deposit, you must provide your bank routing number, checking account number, and any other information required by NYRAbets to process your deposit request.
To make an Express Funding deposit by physical check, you must submit a deposit slip and select the Express Funding option. Such deposit requests will be processed after receipt by NYRAbets. NYRAbets is not responsible for delayed deposits due to illegible deposit slips.
The Express Funding daily limit is $500 maximum in one day and in any single transaction. Express Funding is further subject to an aggregate limit of $1,000 over any rolling seven (7) calendar day period.
Select customers will be eligible for Enhanced Express Funding with increased funding limits of $1,000 per day and $5,000 over any rolling (7) calendar day period. To qualify for Enhanced Express Funding the account holder should meet the following minimum criteria:  (i) the account holder must have been a member of NYRAbets for at least six (6) months; (ii) no check or ACH deposits by the account holder have ever been returned; and (iii) the account holder has wagered a minimum of $1,000 through NYRAbets during any of the previous six (6) months.

ACH Funding.
If you do not qualify for Express Funding or Enhanced Express Funding, you can fund your NYRAbets account using your personal checking account with electronic funds transfer (ACH). You may register no more than one (1) personal checking account for this service at any time.
NYRAbets does not currently charge for this service. However, NYRAbets reserves the right to charge a fee without prior notice. You will be notified of NYRAbets’ applicable transaction fees, if any, prior to confirming your deposit request.
You authorize NYRAbets to electronically debit your checking account via ACH for the amount of each deposit made by you plus any and all applicable fees. You may revoke this authorization by calling 1-844-NYRA-BET (1-844-697-2238) and pressing 6 to speak with a NYRAbets Customer Service Manager. You understand that this authorization will remain in full force and effect until you notify NYRAbets by phone that you wish to revoke this authorization. You understand company requires at least five [5] business days’ notice in order to cancel this authorization.
Upon your deposit request confirmation, your NYRAbets account will be credited with the amount you deposited after a four (4) business day waiting period.
If and when you have five (5) check deposits pending during the waiting period, you will not be permitted to request another electronic funds transfer until one of the pending deposits has cleared.
To deposit by electronic funds transfer, you must provide your bank routing number, checking account number, and any other information required by NYRAbets to process your deposit request.
By providing your checking account information, you authorize NYRAbets to store your information in secured electronic format or any other method selected by NYRA in order to provide this service to you on a continuing basis.
By providing your checking account information, you agree that you take full responsibility for all deposits made to your NYRAbets account.
If a check deposit is returned unpaid from your bank, you will be responsible to pay NYRAbets for funds provided to your NYRAbets account and all fees incurred by NYRAbets as a result of this unpaid deposit transaction. NYRAbets reserves the right to recover unpaid deposits and fees from your NYRAbets account, through collection procedures, and to seek any and all relief that may be available to NYRAbets at law or in equity.

3.    Wagering
You may access your account and place wagers through our website at NYRAbets.com or through a live operator by calling 1-844-NYRA-BET (1-844-697-2238). New York Residents also have the option to use an interactive voice response (“IVR”) service.  You may also use your account to place wagers in person at Aqueduct Racetrack, Belmont Park and Saratoga Race Course (each, a “NYRA Track”). All account wagers placed in person at a NYRA Track are governed by the laws of the State of New York and the rules of the New York State Gaming Commission. 
By placing wagers on or via the NYRAbets website, you acknowledge that states and localities have their own respective laws, codes and regulations governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise (collectively, “Local Laws”). NYRAbets is not responsible for your compliance with Local Laws and the wagering services offered by this website do not purport to be in compliance with Local Laws. NYRAbets encourages you to contact your local gaming regulators for additional information on the legality of your use of our website and services prior to establishing an account.
Proceeds from a successful wager will be credited to your NYRAbets account as soon as each race is rendered official by the presiding jurisdiction and available from the host track where the wager was placed. Requested wagers that are unsuccessful, ineffective or not 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.
NYRAbets reserves the right to refuse any wagering transaction for any reason. Any and all wagers placed from jurisdictions that do not permit wagering will not be accepted. Additionally, NYRAbets reserves the right to void any wagering transaction if there is reason to believe that someone other than you deposited funds in or placed a wager from your account.
All wagers are considered final when a confirmation is received from NYRAbets totalizator service provider and your wager is commingled with the host pool. If for some reason your wager cannot be commingled with the host racetrack wagering pool, your wager will be refunded to your account.
You may cancel a wager transaction before a confirmation is received. NYRAbets may refuse to accept a wager transaction cancellation for any reason. NYRAbets also reserves the right to disable the cancellation privileges of any User for any reason at its discretion.  Excessive numbers of cancellations are subject to review by a NYRAbets wagering analyst. In addition, NYRAbets may refuse to permit wager cancellations from any account holder for any reason.
NYRAbets reserves the right to report any wagering activities that we reasonably believe may constitute fraud or theft to the appropriate enforcement authorities and may prosecute such activities to the full extent permitted by law.  To the extent permitted by law, NYRAbets will retain the proceeds resulting from fraudulent activity of theft to pay for resulting loss or damages.

4.    Wager Restrictions
As to Thoroughbred racing wagers, no wager over $500 in win, place, show pools on any betting entry and/or $50 on any one combination in daily double, exacta, quinella, trifecta, pick three, or other pools may be cancelled on the Internet.
As to Harness racing wagers, no wager over $100 in win, place, show pools on any betting entry and/or $50 on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be cancelled on the Internet. NYRAbets management reserves the right to refuse any cancellation which may cause substantial altering of odds, prices, or betting totals, and will certify in writing, to a finding either allowing or rejecting such request.
This policy applies at NYRAbets after odds, probable prices, or betting totals are displayed which reflect actual wagering (i.e., first "flash" after morning line) at the racetrack.

5.    Withdrawals
Withdrawal requests will be processed within five (5) business days after receipt of the withdrawal request and is subject to standard banking restrictions. You will be permitted to withdraw funds from your NYRAbets account to your personal checking account with electronic funds transfer if you have made at least one cleared deposit to your NYRAbets account using the same personal checking account. In addition, you may not withdraw any uncleared funds, although all winnings in excess of your uncleared funds amount may be withdrawn at any time.  NYRAbets does not currently charge for this service. However, NYRAbets reserves the right to charge a fee without prior notice. You will be notified of NYRAbets applicable transaction fees, if any, prior to confirming your withdrawal request.

6.    Interest, Fees, and Collection Efforts
NYRAbets account balances accrue no interest. In the event there are unpaid fees and charges to your account, NYRAbets reserves the right to disable your account until your unpaid fees and charges are paid to NYRAbets.
NYRAbets reserves the right, at its sole discretion to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect from the responsible accountholder any fees or charges incurred by NYRAbets due to dishonored financial instruments and expenses incurred as a result of our collection efforts.

7.    Illinois Surcharge
Illinois law requires all ADW providers licensed in the State to impose a surcharge amounting to 0.38% (0.0038) on winning wagers and winnings from wagers placed by Illinois residents, which must be deducted from winnings prior to payout.   

8.    Tax Reporting and Withholding
By law, any wager which results in proceeds of $600.00 or more must be reported to the Internal Revenue Service (IRS), if the amount of such proceeds is at least 300 times as large as the amount wagered. Any wager, which results in proceeds of more than $5,000.00, is subject to reporting and withholding, if the amount of such proceeds is at least 300 times as large as the amount wagered.
If you are subject to IRS reporting or withholding requirements, we will send you a Form W2-G summarizing information for tax purposes following the winning wager, less any applicable withholding, being deposited into your account.
IRS W2-G Withholding Policy: Any winning wager or groups of identical wagers (same track, race, pool and winning numbers) whose individual odds are 300-1 or greater and whose winning dollar value either individually or when added together exceeds $5,000 (minus the amount of the individual winning wager(s)) is subject to an IRS withholding tax at the rate of 25 percent.
NYRAbets may also withhold any and all applicable state or local taxes as required by applicable law.

9.    Liability Limit
Except as provided otherwise by the Oregon Racing Commission or the New York State Gaming Commission (as applicable), in no event will The New York Racing Association, Inc. and its affiliate, and their respective directors, officers, employees, agents, contractors, suppliers or representatives be liable for lost profits or any special, incidental or consequential, exemplary or punitive damages arising out of or in connection with the transactions conducted through NYRAbets, regardless of whether losses or damages are attributable to negligence or misconduct. Notwithstanding the foregoing, any liability of NYRAbets, its directors, officers, employees, agents, contractors, suppliers or representatives shall be limited to $100. 

10.    Indemnification
You agree to defend, indemnify and hold harmless The New York Racing Association, Inc. and its affiliates, and their respective directors, officers, employees, agents, or representatives, from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms and Conditions. The foregoing indemnification obligation shall survive termination or modification of these Terms and Conditions.

11.    Disclaimer of Warranties
NYRABETS 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.  OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED. 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.

12.    Intellectual Property
Unless otherwise indicated, all text, graphics, icons, logos, buttons and images on this website (collectively, “IP”) are copyrighted materials or trademarks of, and owned and controlled by The New York Racing Association, Inc. or its subcontractor. Reproduction of IP from this website may be a violation of copyright, trademark or other applicable intellectual property laws, in the U.S. and/or internationally.  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information contained herein.
All software used on this website is the property of The New York Racing Association, Inc., its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de­compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of this website without the express written permission of The New York Racing Association, Inc. This website may also contain third party trademarks and service marks of participating gaming establishments licensed by various federal and state regulatory bodies to conduct wagering activity connected with this website. All marks are the property of their respective holders. 


13.    Third Party Content
(a) You may encounter third party content on this website. Such third party content may include the views, opinions, and recommendations of such third parties. NYRAbets neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency or reliability of such information including, but not limited to, wagering and race information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on this website be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will NYRAbets be liable for any loss or damage caused by your reliance on such third party information.
(b) Axcis Information Network, Inc. (“Axcis”) is not responsible for any incorrect or inaccurate information no matter what the cause and Axcis assumes and shall have no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or with respect to any data.
(c) Axcis shall not be responsible for injury or damage to your or to any other person's computer, software, servers or any peripherals related to or resulting from participation in any contest.
(d) IN NO EVENT WILL AXCIS, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF OR RELIANCE UPON DATA. WITHOUT LIMITING THE FOREGOING, ALL DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
(e) IN NO EVENT WILL AXCIS, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING FROM CLAIMS AND/OR GUARANTEES MADE BY ANY INTERNET SITES.
(f) You agree and acknowledge that the foregoing limitations represent a reasonable allocation of risk and that they shall apply notwithstanding the failure of essential purpose of any limited remedy.

14.    Third Party Hyperlinks
This website directly or indirectly provides content, hyperlinks and references to external third party websites. NYRAbets is not responsible for the content or information practices of third party websites. You acknowledge that under no circumstances will NYRAbets be liable for any loss or damage caused by your reliance on information through a third party website. At no time shall anything contained on this website be deemed an endorsement or recommendation of any third party or to constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content.

15.    Disputes/Governing Law
For New York residents, these Terms and Conditions and all transactions conducted with NYRAbets are governed by the laws of the State of New York. For residents of any state or jurisdiction excluding New York, these Terms and Conditions and all transactions (other than in person account wagers placed at a NYRA Track) conducted with NYRAbets are governed by the laws of the State of Oregon. All account wagers placed in person at a NYRA Track are governed by the laws of the State of New York. By using our website and wagering system you consent to the application of New York law and where applicable Oregon law, governing account wagering and to the jurisdiction of federal and state courts located in the State of New York and the State of Oregon. Any disputes or claims alleging non-payment will be resolved according to the rules issued by the New York State Gaming Commission and where applicable the Oregon Racing Commission.

16.    Wager Responsibly
NYRAbets encourages responsibility in gambling behavior. If you or anyone you know have a gambling problem, or suspect may have a gambling problem please contact the National Council of Problem Gambling (http://www.ncpgambling.org) toll free at 1-800-522-4700.

17.    Other
This service has been approved by multiple regulatory authorities.
For New York Residents, this service is managed by The New York Racing Association, Inc. under its New York State Gaming Commission license. For those who reside outside of the State of New York, this service is managed by NewCo Ventures North America, LLC under its Oregon Racing Commission Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hub license.
As a condition of your use of the NYRAbets website, you warrant that you will not use the NYRAbets 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 damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. Any conduct that in NYRAbets' 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 NYRAbets website.
NYRAbets shall have the right, but not the obligation, to monitor the content, and your usage of the NYRAbets website, to determine the compliance with the terms of use and any other operating rules established to satisfy any law, regulation, or authorized government request.

NYRAbets has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the website or any NYRAbets services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms and Use, policies of The New York Racing Association, Inc. and its affiliates, or applicable law, or for any other reason without notice or liability.

18.    Contact NYRAbets
If you have any questions or need assistance with respect to your account, please contact 1-844-NYRA-BET (1-844-697-2238) and press 3 to speak with a NYRAbets Customer Service Manager. All calls will be monitored and recorded.