Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Penn Play Casino. These Terms of Service (the "Agreement" or "Terms") form a legally binding contract between you (the "User", "Player", "you", or "your") and PENN Entertainment, Inc., alongside its subsidiaries, affiliates, and designated operational partners (collectively referred to as "PENN", "we", "us", or "our"). This Agreement governs your access to and use of the Penn Play Casino website, mobile applications, software, games, virtual economy, and all related services (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES. By accessing, downloading, registering for, or continuing to use the Services, you explicitly acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with any provision of this Agreement, you must immediately cease all use of the Services and uninstall any associated applications from your devices.

IMPORTANT NOTICE REGARDING ARBITRATION: SECTION 15 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT DICTATES HOW DISPUTES BETWEEN YOU AND PENN ENTERTAINMENT ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

2. No Real Money Gambling; Amusement Purposes Only

Penn Play Casino is a social casino platform designed strictly for entertainment and amusement purposes. NO ACTUAL MONEY OR ANYTHING OF REAL-WORLD VALUE CAN BE WON BY PLAYING THE GAMES ON THIS PLATFORM.

While the games may simulate the mechanics, graphics, and odds of traditional real-money casino games (such as slots, blackjack, and roulette), they are strictly simulations. Any "Virtual Coins", "Credits", "Chips", or other virtual currency utilized within the Services have absolutely no monetary value, cannot be exchanged for fiat currency, and cannot be redeemed for real-world goods, outside of the specific, restricted integrations detailed in the PENN Play Rewards program (see Section 6). Your success in our social casino games does not imply or guarantee future success at real-money gambling.

3. Eligibility and Account Creation

To access and use the Services, you must meet all of the following eligibility criteria:

• Age Restriction: You must be at least twenty-one (21) years of age. By creating an account, you represent and warrant that you meet this age requirement. We reserve the right to request proof of age at any time and may suspend or terminate your account if we suspect you are under 21.
• Jurisdictional Limits: You must be a resident of a jurisdiction where the use of social casino applications is legally permitted. You are solely responsible for ensuring that your use of the Services complies with all local, state, and federal laws applicable to you. The Services are void where prohibited by law.
• Excluded Persons: You may not use the Services if you have been voluntarily or involuntarily excluded from any PENN Entertainment physical property, if you are on any state-sponsored self-exclusion list, or if you have previously been banned from Penn Play Casino for violating these Terms.

When creating an account, you agree to provide accurate, current, and complete information. You are strictly permitted to hold only one (1) account. The creation of multiple accounts, dummy accounts, or accounts created under false identities is strictly prohibited and will result in the immediate termination of all associated accounts and the forfeiture of all virtual balances.

You are solely responsible for maintaining the confidentiality of your login credentials (username and password). You agree to accept full responsibility for all activities, charges, and damages that occur under your account. You must notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security.

4. Virtual Currency and In-App Purchases

The Services feature a virtual economy utilizing fictional currency, often referred to as "Virtual Coins", "Credits", or "Tokens" (collectively, "Virtual Currency"). Virtual Currency is used exclusively to place wagers on the simulated games within the platform.

A. Acquiring Virtual Currency

PENN periodically grants free Virtual Currency to users through daily login bonuses, timed lobby bonuses, and promotional events. Additionally, you have the option to purchase localized packages of Virtual Currency using real money via the platform's integrated store. All purchases are processed by secure, third-party payment gateways (such as the Apple App Store, Google Play Store, or authorized credit card processors).

B. Limited License to Virtual Currency

YOU DO NOT OWN VIRTUAL CURRENCY. When you "purchase" or "earn" Virtual Currency, you are acquiring a limited, personal, non-exclusive, non-transferable, revocable license to use that Virtual Currency solely within the Services for entertainment purposes. Virtual Currency is not personal property.

C. Non-Transferable and No Cash Value

Virtual Currency has no real-world cash value. You may not sell, trade, transfer, or exchange Virtual Currency for real money, goods, services, or any other item of value from PENN or any third party. Any attempt to sell or transfer Virtual Currency outside of the approved, internal mechanics of the Services is a material breach of this Agreement and will result in immediate account termination.

D. No Refunds

ALL PURCHASES OF VIRTUAL CURRENCY ARE FINAL AND NON-REFUNDABLE. Once a transaction is processed and the Virtual Currency is credited to your account, PENN will not issue refunds for any reason, including but not limited to buyer's remorse, accidental purchases, or account termination. If your account is closed, suspended, or if PENN ceases to offer the Services, all Virtual Currency remaining in your account will be immediately forfeited without compensation.

5. PENN Play Loyalty Integration

Penn Play Casino offers users the ability to link their digital social casino account with their physical PENN Play loyalty program account. This integration allows users to earn loyalty tier points and associated perks based on their digital gameplay and in-app purchases.

Participation in the PENN Play loyalty program is subject to a separate set of rules, terms, and conditions governing the physical rewards ecosystem. By linking your accounts, you authorize the continuous sharing of your gameplay data, purchase history, and user metrics between the Penn Play Casino application and the broader PENN Entertainment physical property network. PENN reserves the right to alter, suspend, or terminate the digital-to-physical rewards conversion mechanics at any time, with or without notice, at our sole discretion.

6. Code of Conduct and Prohibited Activities

To ensure a fair, safe, and enjoyable environment for all players, you agree not to engage in any of the following prohibited behaviors while using the Services. Violation of this Code of Conduct will result in immediate account suspension, permanent banning, and potential legal action.

You agree that you will NOT:

• Create multiple accounts, use false identities, or operate an account on behalf of a third party.
• Use automated software, bots, macros, hacks, or any other unauthorized third-party applications designed to modify the Services, automate gameplay, or grant an unfair advantage.
• Exploit, distribute, or publicly inform other users of any software bug, glitch, or error that provides an unintended advantage or disrupts the intended economy of the games.
• Attempt to reverse engineer, decompile, hack, or interfere with any part of the Services, servers, or networks connected to Penn Play Casino.
• Buy, sell, or trade your user account, or attempt to monetize the Services or the Virtual Currency outside of the application.
• Engage in harassing, abusive, threatening, discriminatory, or offensive behavior toward other players or PENN customer support staff, including the use of explicit or offensive usernames or profile pictures.
• Transmit spam, unauthorized advertising, promotional materials, or engage in "phishing" for other users' account credentials.
• Use the Services to facilitate or participate in any illegal activities, including money laundering or fraudulent financial transactions.

7. Intellectual Property Rights

The Services, including but not limited to all software code, game mechanics, graphics, animations, audio, text, UI design, trademarks, logos, and the compilation of all content (collectively, "PENN Content"), are the exclusive intellectual property of PENN Entertainment, Inc., its affiliates, and its third-party licensors. This content is protected by United States and international copyright, trademark, and intellectual property laws.

Subject to your continuous compliance with these Terms, PENN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the PENN Content solely for your personal, non-commercial entertainment. You may not copy, modify, distribute, sell, lease, or create derivative works based on the PENN Content without explicit, prior written authorization from PENN.

User-Generated Content

If you upload, post, or transmit any user-generated content (such as profile photos or chat messages) to the Services, you grant PENN a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, and display such content in connection with operating and promoting the Services. You represent and warrant that you own or have the necessary rights to any content you submit.

8. Third-Party Platforms and Links

The Services may be accessed through or integrated with third-party platforms (such as the Apple App Store, Google Play, or Facebook). Your use of the Services is also subject to the terms and policies of those respective third-party platforms. PENN is not responsible for the operations, billing practices, or terms of any third-party app store or social network.

Additionally, the Services may contain links to external websites or resources that are not owned or controlled by PENN. We provide these links for convenience only and do not endorse the content, products, or services offered by third parties. You acknowledge and agree that PENN is not liable for any damages or losses caused by your interaction with external third-party sites.

9. Promotions, Contests, and Sweepstakes

From time to time, PENN may offer promotions, sweepstakes, leaderboard tournaments, or contests within the Services. These events may be governed by a separate set of Official Rules that operate in addition to these Terms of Service. In the event of a conflict between these Terms and the specific Official Rules of a promotion, the Official Rules shall prevail for that specific event.

PENN reserves the right to cancel, suspend, or modify any promotion or contest at any time, for any reason, including but not limited to suspected fraud, technical failures, or any other factor that compromises the integrity of the event. All decisions made by PENN regarding the outcome of promotions, leaderboards, and the distribution of virtual prizes are final and binding.

10. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL GAMES, VIRTUAL CURRENCY, AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PENN ENTERTAINMENT EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PENN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT ANY DEFECTS OR SOFTWARE BUGS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. PENN ASSUMES NO RESPONSIBILITY FOR ANY LOSS OF VIRTUAL CURRENCY OR PROGRESS DUE TO SERVER CRASHES, INTERNET DISCONNECTIONS, OR SOFTWARE MALFUNCTIONS. IN THE EVENT OF A SYSTEM MALFUNCTION, ALL PLAYS AND PAYOUTS ARE VOID.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENN ENTERTAINMENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF PENN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PENN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PENN FOR VIRTUAL CURRENCY PURCHASES IN THE SIX (6) MONTHS STRICTLY PRECEDING THE DATE THE CAUSE OF ACTION AROSE; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

12. Indemnification

You agree to indemnify, defend, and hold harmless PENN Entertainment, its parent company, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Services; (b) your violation of any portion of these Terms of Service or the Privacy Policy; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any claim that your user-generated content caused damage to a third party. PENN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. Termination and Suspension

PENN reserves the right to suspend, disable, or permanently terminate your account and your access to the Services at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms, suspected fraudulent activity, extended periods of inactivity, or if we cease offering the Services in your jurisdiction.

You may terminate your account at any time by ceasing all use of the Services and deleting the application from your devices. Upon termination of your account, whether by you or by us, your limited license to use the Services and any accumulated Virtual Currency will be immediately revoked. You will not be compensated or refunded for any unused Virtual Currency upon account closure.

14. Governing Law

These Terms of Service and your use of the Penn Play Casino platform shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms that is not subject to the mandatory arbitration provision (Section 15) shall be brought exclusively in the state or federal courts located in Berks County, Pennsylvania, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

15. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

A. Initial Dispute Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally. You must contact our customer support team in writing at [email protected], describing the nature of your claim and the specific relief sought. We will have sixty (60) days to review and attempt to resolve the Dispute amicably. If the Dispute is not resolved within this sixty-day period, either party may initiate formal arbitration.

B. Agreement to Binding Arbitration

If the Dispute cannot be resolved informally, you and PENN agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision.

C. Arbitration Procedures

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single, neutral arbitrator. The arbitration proceeding will take place in Wyomissing, Pennsylvania, or at another mutually agreed location, or may be conducted via telephone or video conference if both parties consent. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

D. Class Action Waiver

YOU AND PENN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding. If this specific class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

E. Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies. Furthermore, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or data security.

16. Severability and Waiver

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or an arbitrator, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of PENN to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PENN.

17. Modifications to these Terms

PENN reserves the right to amend, update, or modify these Terms of Service at any time and at our sole discretion. We will notify you of material changes by posting the updated Terms on the platform, updating the "Last Updated" date at the top of this document, and, where appropriate, providing an in-app notification. Your continued use of the Services after any such modifications become effective constitutes your acknowledgment of and agreement to the revised Terms. If you do not agree to the new Terms, you must stop using the Services and close your account.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service or the Penn Play Casino platform, please contact our support team. We are dedicated to ensuring a transparent and enjoyable experience for all our players.

• Customer Support Email: [email protected]
• Online Support Portal: Access the Help Center within the Penn Play Casino app or via our website.
• Mailing Address:
  PENN Entertainment, Inc.
  Attn: Penn Play Casino Legal Department
  825 Berkshire Blvd, Suite 200
  Wyomissing, PA 19610
  United States