Terms and Conditions
Last Updated: November 1, 2022
Midwest Gaming & Entertainment, LLC, d/b/a Rivers Casino Des Plaines (“Rivers Des Plaines”), with a casino property located at 3000 S. River Rd., Des Plaines, Illinois 60018 (the “Property”), has created the following Terms & Conditions of Use (“Terms & Conditions” or “Agreement”) to apply to all users and clients of this website https://www.riverscasino.com/desplaines/, mobile applications, and all digital assets contained or offered therein (collectively, our “Services”).
These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.
BY CHECKING OR CLICKING THE “I ACCEPT THESE TERMS” BOX OR BUTTON OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT CHECK OR CLICK THE “I ACCEPT THESE TERMS” BOX OR BUTTON, AND YOU ARE NOT PERMITTED TO USE THE SERVICES.
We may, in our sole discretion, modify this Agreement with notice at any time. The “Last Updated” date at the bottom of this Agreement will indicate when the latest modifications were made. By selecting the ‘Accept’ button on your screen after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to acceptance. You can obtain a copy of these Terms at any time by emailing our Player Support services team at [email protected]
NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE OUR SERVICES
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
All registered and unregistered trademarks visible or accessible through our Services (including Rush Rewards) are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
The Services are intended for a general audience. Any offers we make or any promotions we conduct through use of our Services or at our Property, unless otherwise noted, are not open to individuals not of the applicable legal age to form a binding agreement. If you are under twenty-one (21) years old, you may not loiter, visit, or gamble at the Property.
We do not target our Services to individuals who are under twenty-one (21). You agree that you are not under twenty-one (21) years of age. We do not intend to collect or process any information from anyone under the age of twenty-one (21). If we become aware that a user under twenty-one (21) visits or uses our Services and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from an individual under the age of twenty-one (21).
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
Errors, Inaccuracies, & Omissions
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Online Services or on any related website, including without limitation, pricing, dates, availability, location, and services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Links to the Services
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
Links on the Services
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
RUSH REWARDS LOYALTY PROGRAM
Eligibility to Enroll
Rush Rewards Loyalty Program (“Rush Rewards”) is a free loyalty program that you can enroll in to earn points at our eligible Rivers Casino slot machines, table games and sports wagering. Rush Reward points can be redeemed for rewards, including, but not limited to, slot play, food credit, and hotel credit at the Property and/or any qualifying and participating affiliated Rivers Casino properties. Rush Rewards members enjoy additional benefits including but not limited to personalized monthly offers, exclusive invites to member-only promotions and services, and local discounts. These benefits are subject to change at Rivers Casino’s sole discretion.
In using our Services and signing up to participate in our Rush Rewards, you confirm that you are twenty-one (21) years old or older. You consent to having your age and identification confirmed to use the Rush Rewards. You represent and confirm that you do not have a gaming license, permit, registration, or other authorization that prohibits you from placing sports wagers via the Services. You also confirm that you are not currently registered in the Illinois Gaming Board (“IGB”) Statewide Voluntary Self-Exclusion Program, the Illinois Gaming Board’s Board Exclusion List or not otherwise prohibited from, and do not have a conflict of interest relating to, the use of the Services; for example: athletes, coaches, referees, team owners, and team employees are prohibited from participating in wagering games and promotions offered through the Rush Rewards, in any game or event with which they are associated.
Rush Rewards Enrollment and Credential Verification
To participate in the Rush Rewards loyalty program, you must become a registered account holder. You may apply and register for only one account for Rush Rewards, and you must register using your own legal name. You should not access or use Rush Rewards through another person’s account or permit any other person to access or use the Services using your account. You also may not sell, transfer, purchase, lease, license, lend, or share your account or the account of any other person.
At any time during the registration process or thereafter, we may also ask you to provide supporting documents including, but not limited to, (a) a copy of your driver’s license (or other government-issued ID), (b) proof of your address such as a utility bill or bank statement, and (c) proof of your financial account/deposit and withdrawal method. You hereby expressly consent to our verification of all information you provide during the account registration process or thereafter during your use of Rush Rewards.
In addition to the above-specified verification processes, you also hereby expressly consent to our performance (directly or through our third-party service providers) of background checks on you in order to verify your identity, history, or any other information you have provided to us. These background checks may vary on a case-to-case basis but could include credit checks and/or general background investigations. We are not obligated to advise you when we perform a background check or the nature of any particular investigation. Upon our verification and approval of all your application information, we will issue you an account for Rush Rewards.
There are no fees or charges imposed for creating an account or placing a wager.
Rush Rewards Account Creation and Maintenance
When registering for a Rush Rewards loyalty account, you will be assigned a Rush Rewards number and will create a PIN. You assume responsibility for ensuring that neither your Rush Rewards number nor your PIN constitute your real name (or any part thereof) or disclose any personal information about you. We reserve the right to change your Rush Rewards number at any time and for any reason in our sole discretion, and we will notify you of any change made via email.
You are solely responsible for maintaining the confidentiality and security of your Rush Rewards number and PIN. You are responsible for all usage and activity on your account, including but not limited to all financial transactions such as deposits and wagers made using these login details and/or your account, and all postings and comments through Rush Rewards, including by any person who uses your registration information, with or without authorization, or who has access to any computer or device on which your account resides or is accessible. Any unauthorized use of your login details shall be your sole responsibility and will be deemed as your activity. If you lose or forget your username and/or PIN, or if you are concerned that a third party is aware of them, please contact us immediately. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your username and/or PIN), you must promptly change the affected registration information by using the update mechanism available through the Services. To the fullest extent permitted by law, we will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your account, and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise.
In the event that you forget your PIN, or that your PIN becomes, or you suspect that it may become, known to any unauthorized person, you will immediately notify us of such event. The Rush Reward’s Center will help you with your account credentials.
You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the Rush Rewards. You are solely responsible for confirming that your registration with, and use and continued use of, the Rush Rewards complies with all laws that apply to you. You represent, warrant, and agree to ensure that your use of the Rush Rewards will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the Rush Rewards.
Account Suspension and Termination
We reserve the right to suspend or terminate your Rush Rewards account at any time and for any reason. Additionally, if we determine, in our sole discretion, that you are in breach of any of the Terms, or otherwise believe that your use of Rush Rewards is fraudulent, illegal or improper, including but not limited to through financial fraud or wrongdoing (e.g., improper chargebacks, transactions with no clear legal purpose, etc.), multiple accounts, use of ‘bots’ or ‘robots,’ abusive behavior to other players or our employees, identity fraud, or any other improper use of an account, we have the right to take any or all of the following actions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR THIRD-PARTY SERVICE PROVIDERS WILL HAVE NO LIABILITY TO YOU OF ANY KIND FOR TAKING ANY OF THE FOLLOWING ACTIONS:
- Issuance of a warning to you;
- Immediate, temporary or permanent termination of your right to use your Rush Rewards account;
- Forfeiture of Rush Rewards balance in your account in the event of fraudulent activity, as directed by the appropriate gaming authority pursuant to the applicable Act and Regulations;
- Disclosure of such information regarding your breach of the Terms to law enforcement authorities or third-party complainants, including our third-party providers, as we reasonably feel is necessary or required; and/or
- Disclosure of your identity to any third party who is claiming that any of your User Content constitutes a violation of their intellectual property rights, right to privacy, or other legal rights.
At all times, we retain the right to offset, recoup, and/or recover monies from your account to satisfy payment for transaction(s) returned by your bank unpaid (other than for reasons of third-party fraud). You expressly authorize us to take these acts and you acknowledge and agree to forfeit any deposits, and/or winnings resulting from wagers held in your account to accomplish this purpose. You agree and instruct that we may obtain and use consumer reports about you on an ongoing basis to review and enforce your continuing compliance with these Terms of Conditions. You further authorize us to obtain reporting and other documentation from third parties, as necessary for us to meet legal obligations relating to your account and as necessary to prevent fraud.
When no player activity has occurred within the previous 187 days, all points in a player’s Rush Rewards account will be forfeited. Further, any patron Wagering Account Transfer (WAT) account which is abandoned or unclaimed will be properly disposed of in accordance with the Illinois Unclaimed Property Act.
We retain at all times absolute control over the issuing, maintenance, suspension and/or termination of all accounts, including dormant accounts. To the fullest extent permitted by law, our decision in any matter relating to any player’s account and use of Rush Rewards is final.
Upon suspension or termination of an account, we will retain all records and information associated with such account for at least as long as necessary to comply with all requirements of the Act and Regulations.
You should be aware that if you breach any of the Terms, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the appropriate gaming authority, in investigating claims of suspicious or presumed illegal activity through Rush Rewards.
If you wish for your Rush Rewards account to no longer be active, please contact [email protected].
We may offer surveys, giveaways and promotions (each a “Promotion”) through Services. All Promotions will be governed by specific rules that are in addition to these Terms, and all such additional rules are hereby incorporated into these Terms. Always read the terms that apply to a Promotion prior to participating. By participating in any Promotion, you will become subject to those rules in addition to these Terms. At any time and without notice, we reserve the right to terminate, or change the terms of, any Promotion, and to the fullest extent permitted by law, we shall not incur any liability for such a change or termination.
Responsible gaming is a priority to Rivers Casino, which has committed to taking this issue very seriously. You may self-regulate your use of property in-person gambling services through the Illinois SEP Program. You may self-regulate your use of online gambling services through (a) the Illinois SEP Program; and (b) the Bet Rivers self-exclusion and limit-setting program ([INSERT WEBSITE]). The information you provide to participate in the self-exclusion programs will be treated and protected as confidential information.
The Illinois SEP Program allows you to voluntarily self-exclude from certain legalized gambling in Illinois. The Program allows application for removal from the list after a five (5) year period. More information regarding the Illinois SEP Program can be found online at: https://www.igb.illinois.gov/ProblemGamblers.aspx
In addition, Rivers Casino’s online Responsible Gaming program allows you to set responsible gaming limits for the Services only, including deposit limits, spending limits, and time limits, and/or self-suspend your participation in wagering games offered through the Services for a designated time period (a “Cool-Off Period”) as detailed at: https://rushstreetgaming.com/responsible-gaming/. For more information on the Des Plaines property Responsible Gaming Policy, see https://www.riverscasino.com/desplaines/responsible-gaming.
If you or someone you know has a gambling problem and wants help, please call the following 24-hour confidential hotlines and/or visit the following websites for more information:
National hotlines and/or websites:
- National Council on Problem Gambling:
o National Problem Gambling Helpline 1-800-522-4700 or
o Visit their website at http://www.ncpgambling.org/help-treatment/help-by-state/
- Gamblers Anonymous:
o Hotline Number 1-855-2CALLGA (1-855-222-5542) or
o Visit their website at http://www.gambersanonymous.org/ga/hotlines
o Call 1-718-352-1671 or
o Visit their website at http://www.gam-anon.org
- State hotline(s) and/or websites: Gam-Anon (Illinois):
o Call 1-708-802-0105
We take steps to abide by anti-money laundering rules and regulations, which require us to report you to authorities if we suspect or know that any of your transactions through the Services (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of our Services to facilitate criminal activity. We will report any suspicious behavior to any relevant law enforcement and regulatory authorities as required.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of the State of Illinois without reference to any conflict of law rules.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
PLAYER SUPPORT SERVICES; DISPUTE ESCALATION PATH
You may contact us at any time using the details set forth below should you have questions or need assistance. To provide a better service and for your protection, telephone conversations, chats, and emails may be recorded and/or monitored by designated staff. Any Rush Rewards related inquiries or complaints should also be directed to our Rush Rewards team. If you have any complaint or issue relating to the Services, contact us as set forth below. If you are not satisfied with the way that your complaint was handled, our management may intervene to resolve any outstanding grievance. After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the appropriate gaming authority by using available reporting mechanisms via the gaming authority’s website: https://www.igb.illinois.gov/ContactUs.aspx.
We reserve the right to provide a copy of your complaint and relevant documentation to the appropriate gaming authority.
Our Rush Rewards team can be contacted by any of the following methods:
EMAIL: [email protected]
We respond to all emails individually and usually reply within two (2) business days. Please use the following email addresses to contact us: [email protected]
3000 S. River Road
Des Plaines, IL 60018
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate this Agreement at any time without notice to you and may deny you access to our Services.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
NO THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
HOW TO CONTACT US
If you have any questions about these Terms & Conditions, please send us an email at [email protected] or call us at 888-307-0777. Des Plaines, IL 60018