You agree to use your Wagering Account and/or your Free Play Account in accordance with these Terms and Conditions, or as otherwise communicated to you from us from time to time.

 

You authorize us to accept, and you agree to be responsible for, all instructions sent to us, including to our totalisator system (the “WEG Tote System”) by such means as are made available by us, when accompanied by your username, password and personal identification number (PIN) (collectively, your “App Credentials“).

 

Your Wagering Account and your Free Play Account are for your personal use only. Any wager placed by a person other than you is strictly prohibited by these Terms and Conditions and will result in the immediate termination of your Wagering Account and your Free Play Account. You are legally responsible for all wagering placed through your Wagering Account using your App Credentials, whether by you or any other person with or without your knowledge or consent, until notification has been received by WEG confirming cancellation of your Wagering Account, or WEG confirming receipt of your communication to us that the confidentiality of your App Credentials has been compromised. You bear full responsibility for maintaining the confidentiality of your Wagering Account and your Free Play Account, including your App Credentials.

 

Use of the App for wagering using your Wagering Account is for placing wagers only, in accordance with these Terms and Conditions. WEG is not responsible for any equipment or devices not within its control. The risk of a technical corruption of your wager shall be borne by you.

All persons who access the App will be considered users of the App (“Users”) and will be subject to these Terms and Conditions.

A deposit of money to your Wagering Account can be made by you. Deposits can be made only by: (i) debit card; or (ii) Visa or MasterCard credit card; online or by presenting in person, at the Customer Services booth at any of WEG’s race tracks.

 

We will permit credit card cash advances made by you to be credited to your Wagering Account.

 

In compliance with Visa and MasterCard rules, if you use a credit card to fund your Wagering Account, Visa and MasterCard will treat the transaction as a cash advance and certain fees and interest charges may apply. Please contact your credit card issuer for further details. The App does not charge any fees for Wagering Account deposits, and these charges do not apply to IOL.

 

For any Visa or MasterCard Debit transactions that have been refunded or if there is a disruption in communication with your financial institution, the funds can be held for up to 3-5 business days by your financial institution.

 

All Visa and MasterCard cash advances are subject to a verification process before funds are deposited to your Account. In order to bypass this process you are required to verify that your Wagering Account profile information and your credit card profile information are both up-to-date. If you are making your first credit card or Visa or MasterCard Debit deposit, you may be asked for additional verification, including photo identification.

 

Visa and MasterCard gift cards are also permitted as a method of funding your Wagering Account; however, they are not guaranteed to pass the verification process. For details regarding using your gift card for account funding purposes, please contact the issuing financial institution of the card.

 

Withdrawals from your Wagering Account can be made as follows: (i) by a refund to your credit card, (ii) by electronic funds transfer to the account and financial institution chosen by you as provided in the App functionality, or (iii) to the e-gift card selected by you within the App, which will be forwarded to your email account connected to your App Credentials.

 

You will not be permitted, under any circumstances, to establish a negative balance or overdraft in your Wagering Account.

Funds may be deposited in Canadian or US currency. US currency will be converted to Canadian currency at the then current daily posted exchange rate. All other currencies besides US currency will be converted to Canadian currency. We will use the posted exchange rate as set by The Bank of Canada at the time the deposit is made and the exchange is effected.

Moneys on deposit in your Wagering Account will not bear any interest to you.

You may cancel wagers placed through your Wagering Account on the App, prior to post time, by calling the App Support Centre at 1-888-675-8886. Every effort will be made to process cancellations prior to post time; however, we cannot guarantee cancellations close to post time. Please allow sufficient time for wager cancellations.

Statements for your Wagering Account can be provided upon written request. Requests are limited to a rolling six (6) month window of availability of data. Please send your request to: App Support Centre, 555 Rexdale Boulevard, P.O. Box 156, Toronto, Ontario, Canada, M9W 5L2.

Any claim by you in respect of an incorrect balance of your Wagering Account must be made in writing or email to the App Support Centre at: w3betasupport@woodbine.com or to 555 Rexdale Boulevard, P.O. Box 156, Toronto, Ontario, Canada, M9W 5L2, within fifteen (15) business days of receipt of the statement for your Wagering Account.

We reserve the sole and exclusive right to close or suspend your Wagering Account and/or Free Play Account for any reason whatsoever, by returning the balance of any funds in your Wagering Account to you together with a closing statement for your Wagering Account. Unauthorized or fraudulent use of your Wagering Account or Free Play Account will result in immediate suspension or termination thereof, and may be punishable by law.

All offers to wager made by us to you, are made subject to these Terms and Conditions, including without limitation, the following specific Terms and Conditions:

1. all information related to your Wagering Account, including your App Credentials entered on the App, must be correct;
2. the wager placed must meet the minimum wager amount as per the host track and CPMA requirements, as applicable;
3. there must be sufficient funds available in your Wagering Account to place the wager;
4. the notice of acceptance of the offer to wager must be processed through the App and received at the WEG Tote System;
5. the WEG Tote System must not have closed its pari-mutuel pool for wagering on the race in respect of which the wager is placed, at the time notice of acceptance of the offer to wager is received at the WEG Tote System.;

You hereby consent to the recording and storage of all Wagering Account transactions and calls by WEG and the App, and the CPMA’s monitoring of the transactions and calls regarding your Wagering Account. The CPMA can be contacted regarding any regulatory concerns with your Wagering Account by calling toll free at 1-800-268-8835.

Wagering has inherent risks and with any wager there is a risk that you may lose some or all of your money.  WEG has no responsibility to you for any such loss.  Using the App is at your discretion and risk.  Any suggestion, recommendation or other guidance relating to wagering generated by the App should not be relied upon.  Although we make reasonable efforts to update the content provided on the App, we make no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up to date.

Prior to your use of the App, and on an ongoing basis, you represent, warrant, covenant, acknowledge and agree that:

 

1. there is a risk that you may lose some or all of your money when using the App and WEG has no responsibility to you for any such loss;
2. your use of the App is at your sole option, discretion and risk
3. you are solely responsible for any applicable taxes which may be payable on money or prizes awarded to you through your use of the App
4. WEG makes no warranty that your use of the App will be uninterrupted, timely or error-free, that defects will be corrected or that the App shall be free from viruses, bugs or other contaminants
5. the telecommunications networks and internet access services required for you to access and use the App are entirely beyond the control of WEG, and not WEG’s responsibility
6. WEG shall have no liability whatsoever for any communication outages, delays, capacity constraints, viruses or other deficiencies affecting the App

The App may offer suggestions, recommendations or other guidance for your consideration relating to one or more proposed wagers or options which are available to you, or which you may be considering making through the App. There is no charge or fee associated with these suggestions, recommendations or other guidance. The suggestions and recommendations are based upon various sources of data, including wagering data from the wagering community generally as well as your own wagering activity, using predictive algorithms for the analysis of such data that is available at the time, to provide you with one or more recommendations. These algorithms are updated and amended from time to time. Any attempt to reverse-engineer these algorithms is strictly prohibited and may result in the cancellation of your Wagering Account and/or Free Play Account, and prohibition from continuing to use the App.

 

Not all races will be subject to suggestions, recommendations or other guidance via the App. The algorithm used to generate suggestions, recommendations or other guidance for consideration with respect to real currency wagering and free play wagering using the App is based upon certain races conducted at certain North American race tracks that are selected by WEG at its sole discretion, based upon prediction accuracy confidence as determined utilizing the algorithm. Depending on the User’s horse selection, the algorithm creates a package of individual wagers based on a series of permutations for the User’s horse selections (from “Win” to “Superfecta”). The probability calculation is based on, among other factors, the known odds and probables of these combinations. The algorithm selects those wagering combinations based on probability of winning as determined by the application of the algorithm and presents these as suggestions, recommendations or other guidance to the User. Use of the suggestions, recommendations or other guidance presented by the App is at the sole discretion of the User. The User may select his/her horse(s) and make wagers utilizing the suggestions or recommendations of the App, or may select horse(s) and make wagers based upon any other criteria the User desires.

 

You acknowledge and accept that any suggestion, recommendation or other guidance is not any assurance that the suggested or recommended wager or other guidance will result in the anticipated or desired outcome, and you agree that it is solely at your discretion and determination to make any wagers and participate in such wagering activities, and you accept the risks for all wagers that are made in or through your Wagering Account. You acknowledge and agree that WEG does not have, nor does it profess to have, the expertise to make suggestions, recommendations or other guidance on how you should wager and that the prediction algorithms used by the App to make suggestions, recommendations or other guidance, are computer generated based on various sources of data.

The App includes a variety of rewards (i.e. coins, points, boosters, etc.), achievement systems (i.e. points rankings, leader boards, honour rankings), leveling systems and badges (collectively, “Rewards Programs”), which apply both to free play and to wagering activity.  The details for these Rewards Programs are specified in the App (in addition to any terms and conditions set out in these Terms and Conditions). Your status in these Rewards Programs will be displayed in your Wagering Account or Free Play Account, as applicable, within the App. The App may offer Rewards Programs, at our sole discretion, including with respect to certain groups of Users and upon such terms and conditions as may be determined by us from time to time. We reserve the right to cancel or amend any such Rewards Programs at our sole discretion at any time and from time to time, with any such cancellation or amendment taking effect immediately.  Your continued use of the App constitutes acceptance of any terms and conditions applicable to such Rewards Programs.

From time to time, WEG may, in its sole discretion, offer one or more promotions or special offers to you, including bonuses and ‘Active Boosters’.  Bonuses are time limited offers from WEG, expire after the applicable time period, and are subject to specific terms and conditions that are specified to you at the time of the offer of such Bonus.  Active Boosters are only available: in certain situations (i.e. particular races or games); to certain users of the App (i.e. actively engaged in the particular game); for certain types of wagers; and/or are offered based on certain player activity or behaviour.  Active Boosters can be (i) a real money wagering amount deposited to your Wagering Account in lieu of current usage incentives or rebates, or (ii) a virtual currency amount deposited to your Free Play Account (and which virtual currency has no cash value).  Active Boosters will generally be awarded based on your achievement of certain progress levels and how you interact with the App.  Active Boosters are limited in time and application, can only be used for playing or wagering in the App and are subject to the other details that are specified to you at the time the Active Booster is offered to you.

The App may include a ‘levelling system’, pursuant to which you will be able to achieve or progress to different “levels” based on the number of ‘Experience Points’ that you earn while using the App.  The levels will be grouped into different honour rankings – such as “Silver” rank or “Gold” rank.  Each level will have a progressively increasing number of Experience Points required to be earned in order to attain that level.  You can earn Experience Points by (i) making either actual wagers through your Wagering Account or non-monetary wagers through your Free Play Account, and winning or losing those wagers (after the end of the relevant race, the number of Experience Points earned for that wager will be displayed on your win/lose screen), (ii) fulfilling certain daily tasks that are identified to you from time to time and that must be completed within a specified 24-hour period, (iii) attaining certain achievements that are identified to you from time to time in the App and that must be completed over some longer term period, or (iv) achieving certain milestones within a game made available to you in the App.  Rewards will be awarded as you attain each level, and may include: additional Experience Points, Active Boosters and/or Virtual Coins.  The earning of Experience Points and the attaining of levels are subject to the details that are specified to you during your participation in the levelling system.

While using the App or as an incentive or promotion to sign up for a Free Play Account, you may receive or earn virtual coins for use in the App (“Virtual Coins”).  Virtual Coins are applied to a Free Play Account and can be used for wagering in “free play” only.  You acknowledge and agree that: (i) you have no right or title in the Virtual Coins appearing or originating in the App, whether received or earned, or any other attributes associated with your Free Play Account or available in the App; (ii) the Virtual Coins do not constitute a personal property right or legal tender; and (iii) the Virtual Coins have no value outside of the App.  Any Virtual Coins balance shown in your Free Play Account does not constitute any real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your ability to use the Virtual Coins in accordance with the terms in the App.  From time to time, WEG may offer you a special offer to exchange some or all of your Virtual Coins into a real currency bonus in your Wagering Account to be used for wagering through the App.  These special offers are time limited and available solely at the discretion of WEG.  The real currency deposited into your Wagering Account from such exchange can only be used for wagering and is subject to any additional terms and conditions at the time the offer is made to you.  Otherwise than as specified herein or in the App, WEG prohibits and does not recognize any transfers of the Virtual Coins made outside of the App, or the purported sale, gift or transfer of the Virtual Coins.  Accordingly you may not sublicense, trade, sell or attempt to sell Virtual Coins for value of any kind.  Any such transfer or attempted transfer is prohibited and void and may subject your Wagering Account and/or Free Play Account to termination by WEG.  Virtual Coins in your Free Play Account do not earn interest.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO: THE OPERATION OF THE APP; YOUR WAGERING ACCOUNT; YOUR FREE PLAY ACCOUNT; THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT IN THE APP; WAGERING, INCLUDING ANY OUTCOME FROM WAGERING; ANY OPTIMAL BETTING STRATEGIES OR SUGGESTIONS; OR YOUR ABILITY TO EFFECTIVELY WAGER VIA THE APP.  WITHOUT IN ANY WAY LIMITING THE FOREGOING, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. You acknowledge that you have read this paragraph, and agree that this paragraph is an integral part of these Terms and Conditions and of your agreement with us to use your Wagering Account, your Free Play Account and the App. For certainty, in no event shall we be liable to you for any losses or damages incurred by you or any third party resulting from your establishment or use of the Wagering Account, the Free Play Account or the App, including any failure of WEG to provide access to or use of your Wagering Account, your Free Play Account or the App, except that resulting from our gross negligence or fraud, and including ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF WINNINGS OR POTENTIAL WINNINGS. IN NO EVENT SHALL OUR LIABILITY FOR ANY CLAIM EXCEED THE COST OF YOUR WAGER, AND YOU AND WE AGREE THAT SUCH AMOUNT IS A GENUINE PRE-ESTIMATE OF ANY LOSS OR DAMAGE WHICH MAY BE INCURRED, ARISING FROM ANY CAUSE WHATSOEVER.

You agree to indemnify and hold harmless WEG, our directors, officers, employees, agents, representatives, successors and assigns from any and all claims, demands, liabilities, losses, damages, judgments, awards, costs, expenses or fees (including reasonable legal fees) arising out of or relating to: your breach of any part of these Terms and Conditions, any activity or wagering using your Wagering Account, your Free Play Account or the App.

WEG and its licensors are the sole holders of all rights in and to the App, the related software, code, structure and organization, including copyright, trade secrets, patents, inventions, patentable rights, other intellectual property and any other rights.  You may not, within the limits prescribed by applicable laws: (i) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the App or make any attempt to access the source code to create derivate works of the source code of the App, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the App; (iii) make the App available to any third party through a computer network or otherwise; (iv) export the App to any country (whether by physical or electronic means); (v) publicly display, broadcast or rebroadcast, transmit, distribute or perform any of the content or program information in the App; or (vi) use the App in a manner prohibited by applicable laws or regulations; (each of the above is an “Unauthorised Use“).  WEG and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to you hereunder and retain all rights, title and interest in and to the App.  You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify WEG immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide WEG with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.  The use of artificial intelligence or automated wagering technologies including “robots” is strictly forbidden in connection with your use of the App. All wagering in relation to your use of the App must be executed personally through the user interface accessible by use of the App, and without the assistance of any form of artificial intelligence or automated wagering technologies.

The terms “WOODBINE”, “WOODBINE ENTERTAINMENT GROUP”, “HPIbet”, “MOHAWK” and “DARK HORSE”, the domain names “playdarkhorse.com”, and any other trade marks, signs, trade names or domain names used by WEG with respect to the App from time to time (collectively, the “Trade Marks“), are the trade marks, signs, trade names or domain names of WEG or its affiliated companies or its licensors (including any third party providers), and these entities reserve all rights to such Trade Marks. In addition, all content in the App, including, but not limited to, the software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the “App Content“) belongs to WEG or its affiliated companies or its licensors (including any third party providers) and is protected by copyright or other intellectual property or other rights. You hereby acknowledge that by using the App you obtain no rights in the App Content or the Trade Marks, or any part thereof. Under no circumstances may you use the App Content or the Trade Marks without WEG’s prior written consent.

 

Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by WEG or its affiliated companies or its licensors (including any third party providers) in the App, the software, the Trade Marks or the App Content nor will you do anything that damages the image or reputation of WEG, its affiliated companies, employees, directors, officers or consultants.

 

You warrant that any names or images used by you in connection with the App (for example, your user name and avatar) shall not infringe the intellectual property, privacy or other rights of any third party. You hereby grant WEG and its affiliated companies a worldwide, irrevocable, unconditional, transferable, perpetual, royalty free, sublicensable license to use, copy, distribute, reproduce, disclose, modify, display, publish or broadcast, such names and images for any purpose connected with the App, subject to the terms of our Privacy Policy.  You may not select as your user name any name that WEG determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that WEG determines in its sole discretion to be vulgar, obscene, defamatory, offensive, or otherwise inappropriate. WEG reserves the right to delete or change any user name or change an avatar that violates this paragraph, and will have no liability regarding the use, modification, or deletion of any user name or change to an avatar.  You acknowledge and agree that you do not obtain any ownership interest or proprietary rights in your user name or avatar.

By downloading the App, you consent to the installation of the App as further described in the platform to which you downloaded and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App.

 

You acknowledge and understand and agree that the App (including any updates or upgrades) may (i) cause your device to automatically communicate with WEG’s servers to deliver the functionality described in this Agreement and to record usage metrics, (ii) affect App-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Policy.

 

To learn more, contact us at:

 

Woodbine Entertainment Group
555 Rexdale Boulevard, P.O. Box 156, Toronto, Ontario, M9W 5L2
w3betasupport@woodbine.com

We reserve the right to make changes to these Terms and Conditions or any of them at our sole discretion at any time and from time to time, with any such changes taking effect immediately. Your continued use of the App constitutes acceptance of such amended Terms and Conditions.

For additional information on Dark Horse or the App please visit: playdarkhorse.com

The App is controlled and operated by WEG from Toronto, Ontario, Canada. You agree that your use of the App is governed by the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the directors, officers, employees, agents, representatives, successors and assigns of the other, arising out of, relating to, or having any connection with, the Terms and Conditions, the App, any use of the App, the Wagering Account and/or Free Play Account, and any transaction conducted on or from them (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.

If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

If you have questions regarding these Terms and Conditions please contact us at:
555 Rexdale Boulevard, P.O. Box 156, Toronto, Ontario, Canada, M9W 5L2

 

Email: w3betasupport@woodbine.com