Last Revised: July 10, 2023

PROMOTIONAL TERMS AND CONDITIONS

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These Promotional Terms and Conditions (“Promotion Terms”) apply to all Barstool Sportsbook and Casino promotions and bonuses (each a “Promotion”) offered by Penn Sports Interactive, LLC and its affiliates (collectively referred to as “Barstool Sportsbook and Casino” herein). Each Promotion may have additional terms and conditions or rules (“Rules”) that will be posted below or otherwise provided to you with the Promotion’s details. These Promotion Terms and the Rules for each Promotion will govern such Promotion and your participation in such Promotion. In the event of a conflict between the Promotion Terms and the Rules, the terms of the Rules will govern to the extent of such conflict. Please read these Promotion Terms and each Promotion’s Rules carefully before you participate in a Promotion. By participating in a Promotion, you represent and agree to be bound by the Rules and these Promotion Terms. In order to participate in a Promotion offered within the Service (as defined in the Terms of Use at https://barstoolsportsbook.com/legal/terms (“Terms of Use”)), you must also agree to the Terms of Use and our Privacy Policy (at https://barstoolsportsbook.com/legal/privacy). If you do not agree with the Terms of Use, you should immediately stop using or accessing the Service.

1.   ELIGIBILITY. To be eligible for a Promotion, at the time and date of entry:

• You must not be an Excluded Person or Prohibited Person (as defined in the Terms of Use);
• You must have a valid Account (as defined in the Terms of Use);
• You must be at least the legal gambling age in the jurisdiction in which you reside;
• You must be physically located within the Permitted Jurisdiction in which the Promotion is offered;
• You are not an employee, director, officer, or contractor of any of the following: Barstool Sportsbook and Casino, its affiliates and related companies, its service providers, advertising or promotional agencies, Market Access Entities listed at  https://barstoolsportsbook.com/legal/state-terms; or (b) a member of the immediate family (defined as parents, siblings, children and spouse, regardless of where they live) or household (whether related or not) of any of the above persons; and
• You must meet all additional eligibility requirements set forth in the Rules of the Promotion.

Further, Barstool Sportsbook and Casino reserves the right to withhold a Promotion reward as well as to limit or refuse your eligibility to participate in any Promotion for any reason in its sole discretion, including, without limitation, based on your wagering patterns or wagering history or if you failed to participate in a Promotion in good faith. Any Promotion is void where prohibited by law. Promotion participants may be required to sign paperwork issued by Barstool Sportsbook and Casino to receive any reward.

If Barstool Sportsbook and Casino becomes aware of any violation of these Promotion Terms, the Rules and/or the Terms of Use, Barstool Sportsbook and Casino may elect to: (i) close your Account; (ii) invalidate or void any transaction or Wager (as defined in the Terms of Use) which was in violation of these Promotion Terms, Rules and/or Terms of Use; and/or (iii) withhold, amend, or cancel the benefits and/or rewards of any promotion, bonus, and any and all winnings from such transaction or Wager.

2.   PROMOTION START AND END TIMES. Each Promotion will start and end as described in the Rules applicable to such Promotion (“Promotion Period”). Entries/Wagers received before or after the Promotion Period are void for purposes of the applicable Promotion. Barstool Sportsbook and Casino’s system is the official time-keeping device for each Promotion. Subject to applicable law and/or any required regulatory approval, Barstool Sportsbook and Casino reserves the right to adjust any of the dates and/or time frames stipulated in the Rules for a Promotion to the extent necessary, for purposes of verifying compliance with the Rules and Promotion Terms.

3.   HOW TO PARTICIPATE. To participate in a Promotion, during the Promotion Period, subject to eligibility, you may visit the Services and follow the instructions in the Rules. All Promotions are limited to one (1) per person. To ensure that the Promotion is limited to one (1) per person, Barstool Sportsbook and Casino reserves the right to permit only one (1) person per household address, IP address, email address, telephone number, device ID, payment account (debit, credit, or other payment methods) or shared computer to participate.

4.   PROMOTION ADMINISTRATION. Barstool Sportsbook and Casino hereby reserves the right to amend, suspend, or terminate any Promotion at any time with or without prior notice or consent. Barstool Sportsbook and Casino further reserves the right to amend, withhold, or cancel any Promotion rewards and/or benefits granted: (a) if the Wager(s) used to redeem a Promotion is deemed “no action” or “void” in accordance with the Betting Rules (at https://barstoolsportsbook.com/help/house-rules), (b) if you cash out Wager(s) used to redeem a Promotion early, and (c) if Barstool Sportsbook and Casino becomes aware of any violation of these Promotion Terms, the Rules and/or Terms of Use. Administration of Promotions are at the sole discretion of Barstool Sportsbook and Casino, subject to the applicable rules, regulations and laws in the jurisdiction in which the Promotion is available. Any questions relating to eligibility, these Promotion Terms, the Rules, or the Promotion will be resolved at Barstool Sportsbook and Casino’s sole discretion and its decision will be final and binding with respect thereof. Click Here for more information on Promotion rewards.

Promotion reward recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Promotion offer received, regardless of whether the Promotion reward, in whole or in part, is used.  The Promotion reward value may be reported for tax purposes as required by law.

• Players in MA: Promotion rewards valued at $5,000 or more will require a 1099 and will be vetted through the Massachusetts Department of Revenue for any outstanding child-support and state taxes. If the search returns a positive result, then the Promotion reward will be defaulted to the cash value and that outstanding amount will automatically be deducted. Cash reward option will be only available to Massachusetts Department of Revenue intercepted individuals unless otherwise stated in the rules.
• Players in OH: Promotion rewards valued at $600 or more will require a 1099 and will be vetted through the Ohio Department of Job and Family Services (ODJFS). If the ODJFS search returns a positive result, then the Promotion reward will be defaulted to the cash value and that outstanding amount will be automatically deducted. State and local taxes will be based on the full reward amount and automatically deducted. Cash reward option will be only available to ODJFS intercepted individuals unless otherwise stated in the rules.

5.   PRIVACY. By participating in a Promotion, you acknowledge and agree that any personal information that you provide will be maintained in accordance with Barstool Sportsbook and Casino’s Privacy Policy, which can be found at https://barstoolsportsbook.com/legal/privacy. By participating in a Promotion, you: (i) grant to Barstool Sportsbook and Casino the right to use your name, mailing address, telephone number, and email address (“Personal Information”) for the purpose of administering the Promotion; (ii) grant to the Barstool Sportsbook and Casino the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledge that Barstool Sportsbook and Casino may disclose your Personal Information to its third-party agents and service providers in connection with any of the activities listed in (i) and (ii) above. Barstool Sportsbook and Casino will use your Personal Information only for the identified purposes.

6.   RELEASE AND PUBLICITY. YOU AGREE TO RELEASE AND HOLD HARMLESS BARSTOOL SPORTSBOOK AND CASINO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A PROMOTION. YOU AGREE THAT NEITHER BARSTOOL SPORTSBOOK AND CASINO NOR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS ARE LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN A PROMOTION AND ACCEPTANCE, POSSESSION AND USE OF THE REWARDS OR BENEFITS OF A PROMOTION. BARSTOOL SPORTSBOOK AND CASINO IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE PROMOTION OR IN THE ANNOUNCEMENT THEREOF. IF A WAGER RELATED TO A PROMOTION IS POSTED AS A RESULT OF MALFUNCTION, OR “OBVIOUS ERROR” (AS DEFINED IN THE TERMS OF USE AT https://barstoolsportsbook.com/legal/terms), BARSTOOL SPORTSBOOK AND CASINO RESERVES THE RIGHT AT ITS SOLE DISCRETION, TO CANCEL OR REJECT SUCH WAGER. IN THE EVENT OF CANCELLATION DUE TO SUCH MALFUNCTION OR “OBVIOUS ERROR” YOUR ACCOUNT WILL BE REFUNDED THE WAGERING AMOUNT. BARSTOOL SPORTSBOOK AND CASINO IS NOT LIABLE FOR ANY ERRONEOUS ISSUANCE OF PROMOTION REWARDS.

7.   DISPUTES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion Terms, Rules, or the rights and obligations of the entrants or Barstool Sportsbook and Casino in connection with a Promotion, shall be governed by, and construed in accordance with, the law of the jurisdiction in which the Promotion is available. BY PARTICIPATING IN A PROMOTION, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH A PROMOTION, OR ANY BONUSES OR BENEFITS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, TO TAKE PLACE IN THE JURISDICTION IN WHICH THE PROMOTION IS OFFERED AS FURTHER DESCRIBED IN THE TERMS OF USE.

8.  GENERAL. Barstool Sportsbook and Casino assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Barstool Sportsbook and Casino, the entrants, or by any of the equipment or programming associated with or utilized in a Promotion; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in a Promotion. Barstool Sportsbook and Casino is not responsible for any undeliverable or unread email to a player’s email inbox associated with their Account due to reasons that include, but are not limited to, player unsubscribes, locked or banned Accounts, bounces/spam traps/filters implemented by the player’s email service provider/settings, and incorrect/outdated/misspelled email addresses provided by the player upon registration. Barstool Sportsbook and Casino reserves the right, in its sole discretion, to cancel or suspend a Promotion should virus, bugs or other causes beyond Barstool Sportsbook and Casino’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Barstool Sportsbook and Casino, corrupt, compromise or materially affect the administration, fairness, security or proper participation of a Promotion.

All participation in a Promotion are subject to verification at any time and for any reason. Barstool Sportsbook and Casino reserves the right to require proof of identity and/or eligibility (in a form acceptable to Barstool Sportsbook and Casino, including, without limitation, valid government issued photo identification) to participate in a Promotion. Failure to provide such proof to the satisfaction of Barstool Sportsbook and Casino in a timely manner may result in disqualification in participating in a Promotion.

If it is discovered by Barstool Sportsbook and Casino that any person has or has attempted to: (i) participate more than the maximum number of times permitted under the Rules for a Promotion, and/or (ii) use multiple names, identities and/or Accounts to participate in a Promotion, then they may be disqualified from the Promotion, all of their entries voided, any Promotion reward earned forfeited, and their Account(s) terminated.

Barstool Sportsbook and Casino reserves the right at its sole discretion to disqualify, from an ongoing Promotion and any future Promotions, any individual that they find or believe to not be in compliance with these Promotion Terms, the Rules and/or the Terms of Use; to be tampering with the entry process or the operation of a Promotion or any website, application or services pertaining to a Promotion; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, BARSTOOL SPORTSBOOK AND CASINO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All decisions of Barstool Sportsbook and Casino, its agents and representatives are final and binding without right of appeal in all matters relating to a Promotion.