The following rules form the basis of participation in the Ember Rewards program (“Ember Rewards”). Your participation in Ember Rewards will be governed by these Terms and Conditions. By enrolling and participating in Ember Rewards you acknowledge that you have read and agree to these Terms and Conditions.

1. Subject to applicable law Ember Rewards membership is available to any person at least 21 years of age or the legal gambling age in the jurisdiction where sign up occurs. All Ember Rewards card applicants must present valid, government-issued photo identification. Types of valid photo identification include Driver’s License, Passport, State Identification Cards, or Military Identification.

2. Membership to Ember Rewards is free of charge.

3. Only individual persons are eligible for Ember Rewards membership; corporations or other entities cannot enroll in Ember Rewards. All eligible individuals may generally enroll in Ember Rewards, including immediate family members of Delaware North Companies, Incorporated (“DNC”) employees and individuals who reside in the same household as DNC employees subject to certain restrictions involving wagering and participation in certain promotions. Each Ember Rewards member is responsible for complying with applicable laws. If participating in Ember Rewards would result in a member violating any law, rule, regulation, or order, then the member is ineligible to participate.

4. Each Ember Rewards member is responsible for selecting a Personal Identification Number (“PIN”) for their account and for keeping the PIN and any log-in credentials secure. Each member is responsible for any activity on his or her Ember Rewards account when the account is accessed by using such member’s PIN.

5. Ember Rewards members are solely responsible for the loss or theft of his or her Ember Rewards Card. Rewards points will not be restored by Ember Rewards to members in the event of a loss or stolen card.

6. By enrolling in Ember Rewards members consent to, and agree that any information provided and/ or collected in connection with Ember Rewards is subject to the terms of the Ember Rewards Privacy Policy https://www.emberrewards.com/privacy-policy.

7. Ember Rewards Cards are used to track gaming play and accumulate reward points by the Ember Rewards member for his or her personal account only. Ember Rewards points have no cash value, and Ember Rewards point balances are not transferrable under any circumstances, including upon death or divorce.

8. It is the responsibility of the Ember Rewards member to ensure that his or her account is properly credited prior to leaving a gaming machine, other gaming station, or a self-service terminal. Failure to do so will result in the member’s loss of the reward points that would otherwise have been received.

9. Ember Rewards points will not be earned in connection with tournament play or any “free play” (including free play coupons, vouchers, promotional chips or free play downloaded to gaming machines), unless expressly indicated to the contrary.

10. All reward points earned by an Ember Rewards member with respect to his or her Ember Rewards card are subject to review and verification. Delaware North Companies Gaming & Entertainment, Inc. reserves the right, at its discretion, to adjust a member’s Ember Rewards account status due to computer error, machine malfunction, operator error, fraud or other misuse of his or her Ember Rewards card.

11. Delaware North Companies Gaming & Entertainment, Inc reserves the right in its sole discretion to deny anyone application for membership in Ember Rewards, and to terminate anyone’s membership in Ember Rewards at any time, without recourse.

12. Any member who fails or refuses to comply with the rules and requirements of the Ember Rewards program, missuses their Ember Rewards card, or who engages in fraud, misrepresentation or improper conduct as determined by Delaware North Companies Gaming & Entertainment, Inc, is subject to the revocation of their Ember Rewards Card, the forfeiture of their rewards points, and termination of membership in Ember Rewards. Alternatively, in lieu of termination of membership in the Ember Rewards program Delaware North Companies Gaming & Entertainment, Inc may in its sole discretion deduct rewards points from a member’s account and/ or demote the member’s account status but otherwise permit such member to remain a member of Ember Rewards.

13. Anyone who has been excluded from gaming operations whether through a government program at their own request or at the discretion through involuntary means or otherwise is not eligible to participate in the Ember Rewards program.

14. Delaware North Companies Gaming & Entertainment, Inc reserves the right to modify or cancel the Ember Rewards program at any time, for any reason, subject to any applicable regulatory approval.

15. Ember Rewards uses reasonable efforts to track a member’s average wager and length of play. However, as a condition of receiving reward points for activities not related to gaming machine play, Ember Rewards member agrees that such reward points are granted based on the personal observation of the casino location in which play was located, which may be subject to error. The determination of Delaware North Companies Gaming & Entertainment, Inc as to the amount of reward points to be credited to the Member’s account under such circumstances will be final and binding.

16. In the event that a member’s Ember Rewards card shows no play activity for a six month period accrued points will expire and be forfeited.

17. Ember Rewards points can be accumulated and redeemed only at participating Delaware North Companies Gaming & Entertainment, Inc properties. It is the responsibility of the member to ensure that their Ember Rewards card is inserted properly into the gaming machine when used to play electronic games and slots, and that the Ember Rewards card is recognized by an employee of the participating property before the member seeks to accumulate reward points for any other activity that does not involve the use of a gaming machine.

18. Ember Rewards members may be placed in one (1) of five tiers according to the points earned on their Ember Rewards Card within the designated review period. The review period will be a calendar year: January 1 through December 31.

19. In the event that an Ember Rewards member reaches a point threshold within the review period they will be upgraded to the next tier level by Ember Rewards and will be eligible for all benefits within that tier and will remain and will remain in said tier through the following calendar year evaluation period in which the Member must earn the qualifying points to remain in the upgraded tier.

20. To redeem Ember Rewards points and offers, an Ember Rewards card and valid photo identification must be presented at the rewards desk.

21. Ember Rewards members acknowledge and agree that Ember Rewards membership and its benefits are provided at the discretion of Delaware North Gaming & Entertainment, Inc. and it’s individual gaming properties. Delaware North Gaming & Entertainment, Inc. and it’s individual gaming properties reserve the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Ember Rewards program, its benefits and/ or its Terms and Conditions in whole or in part, at any time, with or without notice for any or no reason.

22. Ember Rewards is not responsible for products or services offered by third parties that may participate in benefits, offers or special promotions provided to Ember Rewards members.

23. Delaware North Companies Gaming & Entertainment, Inc. is not responsible for (a) any inaccurate entry information, or for any faulty electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration the operation of a member’s Ember Rewards card or for any miscommunications or for the inaccurate capture of information, or the failure to capture any information; (c) any technical failures or malfunction of any kind in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility of the Internet or any website of any kind, including any failure of any electronic entry to be received on account of technical problems or traffic congestion; or (e) any injury or damage to any computer, phone, or tablet device which may be related to or resulting from any attempt to participate in the Ember Rewards program or access or download any materials relating to the Ember Rewards program.

24. Except where prohibited, each Ember Rewards members agree that: (1) any and all disputes, claims and causes of action arising out of or connected with Ember Rewards or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Erie County, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) Ember Rewards members hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York’s choice of law rules, governs Ember Rewards and all aspects related thereto.