TERMS AND CONDITIONS
Effective Date: October 15, 2021
WELCOME TO NYRA Bets!
Following are the Terms and Conditions for use of this website.
1. Your Use of the NYRA bets Website
2. User Account
3. Funding Your Account
Debit and Credit Card Funding by Telephone
Debit and Credit Card Funding Online
5. Wager Restrictions
7. Interest, Fees, and Collection Efforts
8. Illinois Surcharge
9. Tax Reporting and Withholding
10. Liability Limit
12. Disclaimer of Warranties
13. Intellectual Property
14. Third Party Content
Third Party Content and Hyperlinks
Axcis Information Network
15. Disputes/Governing Law
16. Wager Responsibly
18. Contact NYRA Bets
NYRA Bets is a platform owned by The New York Racing Association, Inc. Your access to and use of NYRA Bets 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.
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 NYRAbets, LLC under its Oregon Racing Commission Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hub license.
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.
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, Indiana, Michigan, 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 NYRA Bets, 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 NYRA Bets and placing wagers through NYRA Bets.
· 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 NYRA Bets 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 NYRA Bets 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, NYRA Bets 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.
An individual may have only one account at a time. NYRA Bets 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, NYRA Bets will return to you the balance of any funds in your account at the time of termination, less any applicable fees due to NYRA Bets via check mailed to the account holder’s address associated with the account.
To facilitate the establishment and maintenance of your account:
· You authorize NYRA Bets 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 NYRA Bets offering to you and marketing to you information products and services as NYRA Bets feel from time to time are of value and interest to you.
· You authorize NYRA Bets to accept, and you agree to be responsible for, all instructions sent to NYRA Bets or to NYRA Bets’ totalizator system, by such means as are made available by NYRA Bets, when accompanied by your account number and account PIN and/or password.
· You acknowledge that NYRA BETS 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 NYRA Bets accurate and complete, and immediately notify NYRA Bets of any changes in such information.
· You agree to notify NYRA Bets 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 NYRA Bets customer service manager. If you move to a state where wagering services are not available or wagering is not permitted, NYRA Bets will be obligated to terminate your account.
You can fund your NYRA Bets account using your credit card or debit card as a cash advance by calling 1-844-NYRA-BET (1-844-697-2238). All funding deposits made by credit card must be at least $50 per transaction. The fee charged by NYRA Bets for providing this service is 4% of the amount you deposit. NYRA Bets 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 NYRA Bets’ applicable transaction fees prior to confirming your deposit request.
You authorize NYRA Bets 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 NYRA Bets Customer Service Manager. You understand that this authorization will remain in full force and effect until you notify NYRA Bets by phone that you wish to revoke this authorization. You understand that NYRA Bets requires at least five (5) business days’ notice in order to cancel this authorization.
You can also fund your NYRA Bets account using your credit card or debit card as a cash advance online, up to the allowable limits. Online credit card deposits are subject to a $5 convenience fee per transaction. In addition, 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 day and in any single transaction. Online Credit Card and Debit Card Funding is further subject to an aggregate limit of $3,000 during any seven (7) day rolling period and an aggregate limit of $5,000 during any thirty (30) day rolling period. All funding deposits made by credit card must be at least $25 per transaction.
For residents of the State of New York, in order to use NYRA Bets Express Funding, you must enroll and agree to all policies, procedures and instructions of the NYRA Bets Express Funding program available on the website. By enrolling in Express Funding, you must also follow the NYRA Bets Electronic Withdrawal procedures available on the website. Users who reside outside of the state of New York will be automatically enrolled in Express Funding and automatically agree to all policies, procedures and instructions of the NYRA Bets Express Funding program by using the NYRA Bets website
Express Funding is not available to all Users. NYRA Bets 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 NYRA Bets for this communication.
Upon your deposit request, confirmation and approval of the Express Funding eligibility screening, your NYRA Bets 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 NYRA Bets to process your deposit request. In addition, 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 NYRA Bets. NYRA Bets is not responsible for delayed deposits due to illegible deposit slips.
An account holder’s first Express Funding deposit is limited to a maximum of $300. Following the successful clearance of your first Express Funding deposit, the Express Funding daily limit shall be $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 NYRA Bets 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 NYRA Bets during any of the previous six (6) months.
If you do not qualify for Express Funding or Enhanced Express Funding, you can fund your NYRA Bets 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.
NYRA Bets does not currently charge for this service. However, NYRA Bets reserves the right to charge a fee without prior notice. You will be notified of NYRA Bets’ applicable transaction fees, if any, prior to confirming your deposit request.
You authorize NYRA Bets 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 NYRA Bets Customer Service Manager. You understand that this authorization will remain in full force and effect until you notify NYRA Bets by phone that you wish to revoke this authorization. You understand that NYRA Bets requires at least five (5) business days’ notice in order to cancel this authorization.
Upon your deposit request confirmation, your NYRA Bets 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 NYRA Bets to process your deposit request.
By providing your checking account information, you authorize NYRA Bets 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 NYRA Bets account.
If a check deposit is returned unpaid from your bank, you will be responsible to pay NYRA Bets for funds provided to your NYRA Bets account and all fees incurred by NYRA Bets as a result of this unpaid deposit transaction. NYRA Bets reserves the right to recover unpaid deposits and fees from your NYRA Bets account, through collection procedures, and to seek any and all relief that may be available to NYRA Bets at law or in equity.
You can fund your NYRA Bets account using a Sightline Play+ account. The NYRA Bets Play+ Program Agreement can be viewed here.
You may access your account and place wagers through our website at NYRA Bets.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 NYRA Bets 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”). NYRA Bets 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. NYRA Bets 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 NYRA Bets 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.
NYRA Bets 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, NYRA Bets 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 NYRA Bets 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. NYRA Bets may refuse to accept a wager transaction cancellation for any reason. NYRA Bets 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 NYRA Bets wagering analyst. In addition, NYRA Bets may refuse to permit wager cancellations from any account holder for any reason.
NYRA Bets 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, NYRA Bets will retain the proceeds resulting from fraudulent activity or theft to pay for resulting loss or damages.
As to Thoroughbred racing wagers, no wager over five hundred dollars ($500.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled over the Internet.
As to Harness racing wagers, no wager over one hundred dollars ($100.00) in win, place or show pools on any betting entry and no wager over fifty dollars ($50.00) on any one combination in daily double, exacta, quinella, trifecta, pick three or other pools may be canceled over the Internet. NYRA Bets 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 NYRA Bets after odds, probable prices, or betting totals are displayed which reflect actual wagering (i.e., first "flash" after morning line) at the racetrack.
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 NYRA Bets account to your personal checking account with electronic funds transfer if you have made at least one cleared deposit to your NYRA Bets 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. NYRA Bets does not currently charge for this service. However, NYRA Bets reserves the right to charge a fee without prior notice. You will be notified of NYRA Bets applicable transaction fees, if any, prior to confirming your withdrawal request.
NYRA Bets account balances accrue no interest. In the event there are unpaid fees and charges to your account, NYRA Bets reserves the right to disable your account until your unpaid fees and charges are paid to NYRA Bets.
NYRA Bets 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 NYRA Bets due to dishonored financial instruments and expenses incurred as a result of our collection efforts.
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 24 percent.
NYRA Bets may also withhold any and all applicable state or local taxes as required by applicable law.
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 NYRA Bets, regardless of whether losses or damages are attributable to negligence or misconduct. Notwithstanding the foregoing, any liability of NYRA Bets, its directors, officers, employees, agents, contractors, suppliers or representatives shall be limited to $100.
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.
NYRA Bets 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.
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.
You may encounter, directly or indirectly, third party content, hyperlinks and references to external third party websites on this website. Such third party content may include the views, opinions, and recommendations of such third parties. NYRA Bets 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 NYRA Bets, 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 liable for any loss or damage caused by your reliance on such third party information.
(a) 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.
(b) 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.
(c) 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.
(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 RESULTING FROM CLAIMS AND/OR GUARANTEES MADE BY ANY INTERNET SITES.
(e) 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.
For New York residents, these Terms and Conditions and all transactions conducted with NYRA Bets 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 NYRA Bets 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.
NYRA Bets 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.
As a condition of your use of the NYRA Bets website, you warrant that you will not use the NYRA Bets 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 NYRA Bets' 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 NYRA Bets website.
NYRA Bets has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the website or any NYRA Bets 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.
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 6 to speak with a NYRA Bets Customer Service Manager. All calls will be monitored and recorded.