Terms & Conditions

Introduction

Welcome to Prime Sports and thank you for taking the time to learn about the Terms and Conditions ("T&Cs") which apply to Your use of the Services, the related enabling internet, mobile or other platforms through which You access our Services.

The Services and all associated brands, trademarks and intellectual property are owned and operated by Out the Gate.

PLEASE REVIEW THESE TERMS AND CONDITIONS AND ALL OTHER GOVERNING DOCUMENTS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE PLATFORM, THE OFFERINGS ON OUR GAMING WEBSITE OR MOBILE APP AND THE ASSOCIATED SERVICES (TOGETHER "SERVICES"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE GAME RULES AND LAWS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, DO NOT ACCESS OR USE THE SERVICES.

Prime Sports Terms & Conditions

Prime Sports is operated and controlled by Out the Gate. All references to 'We', 'Us' and 'Our' in these Terms and Conditions ("Terms and Conditions") are a reference to Prime Sports & Out the Gate. All references to "You" or "Yours" or "User" are references to the user of Out the Gate's website and related mobile applications.

The available Services ultimately operate under and are pursuant to sports wagering license held by Ocean Casino Resort (CASINO). CASINO is licensed and regulated by the New Jersey Casino Control Commission (the Commission) and the New Jersey Division of Gaming Enforcement ("the Division") under the relevant laws of the State of New Jersey, in part, for the purposes of operating certain retail and internet-based sports wagering pools. Similarly, Out the Gate is regulated by the Division. Out the Gate is a sports wagering operator approved by the Division to conduct internet wagering business together with and on behalf of CASINO.

1. General Terms and Conditions

1.1 BY REGISTERING FOR AN ACCOUNT OR OTHERWISE PARTICIPATING IN THE SERVICES , YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY REVISIONS POSTED HEREAFTER. IF YOU DO NOT AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, DO NOT ACCESS OR USE THE WEBSITE/PLATFORM.

1.2 You must read these terms and conditions carefully in their entirety, and by participating in the Services on Out the Gate's website and mobile app, you acknowledge that you have read these terms and conditions carefully in their entirety.

2. User Representations/Obligations. You hereby represent and warrant that:

2.1 You are over 21 years old and acknowledge that it is a criminal offense in the State of New Jersey for any individual under the age of 21 to participate in the offerings on Out the Gate's website or mobile app or to allow someone under the age of 21 to use your account.

2.2 You understand that anyone who attempts to gamble while underage or aids or assists gambling activity by someone under the age of 21 has committed a criminal offense and will be prohibited from further gaming, including accessing the offerings on Out the Gate's website or mobile app.

2.3 You are physically located in the State of New Jersey at the time each bet is made and are otherwise prohibited from attempting to place a bet unless you are physically present in New Jersey.

2.4 You acknowledge that there are various state and federal prohibitions and restrictions applicable to internet-based gambling, certain of which are set forth in 18 U.S.C. 1084 et seq. (The Wire Act) and 31 U.S.C. 3163 through 3167 (UIEGA), which make it a Federal offense for persons physically located outside of New Jersey to participate in the offerings on Out the Gate's website or mobile app, unless explicitly authorized by the Division.

2.5 You are solely responsible for your account created to participate in the Services on Out the Gate's website or mobile app. You will not allow any other person to access or otherwise use your account. Out the Gate shall not be liable for any loss or damage incurred by you because of any third-party access to your account. You acknowledge that all transactions where your username and password have been correctly entered will be regarded as being placed by you. You are responsible to configure your auto-lock features to protect your account from unauthorized use.

2.6 All information provided by you to Out the Gate is complete and accurate. You acknowledge that you will notify Out the Gate in case of any changes to such information.

2.7 All deposits and funds used by you to participate in the Services are funds that lawfully belong to you.

3. Account Creation, Verification and Closure

3.1 In order to participate in the Services, you must first create an account and deposit money into your account. In order to successfully create an account you represent you are:

• over the age of 21;
• not a casino key employee or an employee of CASINO or any of its interactive gaming or sports betting operators, or Out the Gate or any of its affiliates;
• not self-excluded, on the exclusion list or otherwise prohibited from participation in gaming under the New Jersey law; or
• not on the List of Specially Designated Nationals and Blocked Persons maintained by the US Office of Foreign Assets Control or subject to any other similar sanctions.

If you do not meet all of the above, you are prohibited from creating an account and if you created an account, your account will be immediately suspended and you will be reported to the appropriate state or federal authorities once Out the Gate becomes aware that you have created an account.

3.2 By creating an account on Out the Gate's website or mobile app you consent to Out the Gate confirming your age and identity based on information you provide during the registration process. If you do not provide full details as requested, your account may be suspended, without notice.

3.3 Out the Gate may use third-party verification software or providers for the purpose of ID verification, which may involve checking your ID against third party databases. You explicitly consent to Out the Gate performing background checks on You, including, but not limited to credit checks, accessing Your credit history from any credit reporting agency, for an reason related to the use of the Services, including but not limited to any investigation into Your identity, any credit checks performed on You, or any inquiries into Your personal history. The basis for such investigations will be dependent on the specific case and could include but not be limited to verification of your registration details and verification that you are not in child support arrears.

3.4 You may be required to provide additional documentation and/or information, such as identification with photographs and/or proof of address, in order to verify your identity. In the event you refuse to provide such documentation or there is a dispute as to the veracity of such documentation, Out the Gate may use its sole discretion to close, suspend or otherwise prevent you from using or accessing your account.

3.5 Out the Gate may close, suspend or otherwise prevent you from using or accessing your account should you provide false documentation and/or information.

3.6 Out the Gate and the Division retain authority over the issuing, maintenance, and closing of Users accounts and you agree that any dispute related to the closing of an account shall be made in accordance with Out the Gate's procedures, these terms and conditions and DGE regulation.

3.7 If You would like to close your account, you must notify Out the Gate through the website, mobile app or via email as indicated on the website or mobile app. The remaining balance in your account will be returned to you in accordance with these terms and conditions and upon receipt of required documentation as requested from Out the Gate .

4. Account Security

4.1 It is your sole and exclusive responsibility to ensure that your login details are kept securely. You are prohibited from allowing any other person to access or use Your mobile gaming account. You agree to hold Out the Gate harmless for any use, misuse or abuse of your account used with your login details by any third party, whether intentional or accidental.

4.2 If Out the Gate detects or suspects that any person other than you is using your account, Out the Gate reserves the right to restrict or otherwise block your accounts at its discretion or take any other action, including but not limited to, voiding placed wagers, or withholding deposits or winnings.

4.3 Out the Gate allows for the changing and retrieving of your password. You may choose to use "strong authentication" as a form of login protection.

4.4 If you believe that your account login details have been compromised, you are responsible to notify Out the Gate immediately.

4.5 You will keep your account login details confidential at all times and use every effort to protect the security of your account login details.

4.6 All transactions in or with Your Account are deemed to be made by You, and You agree that any bets placed and accepted in Your Gaming Account will be valid even if You have not authorized such bet.

5. Account Deposits and Withdrawals

5.1 You may participate in the Services only if you have sufficient funds in your account.

5.2 Balances in your account will not bear interest.

5.3 Statements detailing your patron account activity and game history are available at any time in your account portal. You may also obtain a copy of the terms and conditions agreed to when establishing your account by visiting your account portal.

5.4 You may withdraw any amount up to the balance available for withdrawal in your account by requesting such withdrawal through the Out the Gate website or mobile app, or by making a cage withdrawal request through the Out the Gate website or mobile app to withdraw at CASINOs casino cage.

5.5 Out the Gate reserves the right to establish and apply additional eligibility criteria to determine the withdrawal options you may be offered at any given time. Once all internal review processes have been applied, the estimated time period for you to receive funds from your account is 72 hours. Once a withdrawal has been approved by Out the Gate, there may be additional third-party financial clearing processes that delay Your payment from being received in which Out the Gate is not responsible.

5.6 If Out the Gate, in its sole discretion, deems that irregular playing practices have occurred, Out the Gate reserves the right to withhold any withdrawals and/or winnings and to confiscate all winnings and bonuses obtained through such fraudulent practices.

5.7 Out the Gate may issue you bonuses at its sole discretion and pursuant to separate bonus terms and conditions as offered or displayed on Out the Gate's website or mobile app. Such rules for bonuses are provided in separate links on the website or mobile app and are incorporated into these terms and conditions by reference.

5.8 You agree not to dispute, deny or attempt to reverse any financial transaction or make any fraudulent financial transactions with us (collectively "Chargebacks"). You agree to indemnify and reimburse us for any Chargebacks You make or any deposits that your bank fails to honor, for any reason ("Dishonored Deposit(s)"), and any financial loss suffered by us as a consequence including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks or Dishonored Deposits including deducting the amount of any Chargebacks or Dishonored Deposits and associated damages, fees, expenses, and investigatory costs from Your Gaming Account.

1. If a Chargeback or Dishonored Deposit occurs, You agree that Out the Gate may provide necessary information about You and the Chargeback or Dishonored Deposit to Third Party Providers, the local gaming regulator, other regulators, law enforcement, or other necessary third parties in order to resolve the Chargeback or Dishonored Deposit. Out the Gate reserves the right to temporarily suspend Your account and withhold the payment of any winnings without notice until any Chargebacks, Dishonored Deposits, or other financial disputes are resolved.
2. Out the Gate may also recover bad debts using whichever method may lawfully be available including, but not limited to, instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Out the Gate to share Your personal information with appropriate agencies.

6. Placement of Wagers

6.1 Wagers placed by you on Out the Gate's website or mobile app are governed by these terms and conditions and game rules valid at the time of the acceptance of the wager by Out the Gate.

6.2 A wager is deemed to have been accepted as soon as it is received and processed by Out the Gate.

6.3 Out the Gate retains the right in its sole discretion to accept or reject any wager for any reason whatsoever.

6.4 You cannot amend, withdraw or cancel a wager for any reason except pursuant to these terms and conditions and game rules valid at the time of the acceptance of the wager by Out the Gate.

6.5 Winnings will be paid into your account after the final results are confirmed. Out the Gate, however, reserves the right to withhold any winnings should there be investigations into the result of an event.

6.6 Wagers are deemed accepted only after being received and processed by Out the Gate. If a wager is not received by Out the Gate's servers then it will not stand, and the wager will not be deemed to have taken place from your account.

6.7 The offerings on Out the Gate's website and mobile app shall operate in accordance with the New Jersey Casino Control Act and the regulations promulgated thereunder, including but not limited to, the treatment of user disconnection from the service. A malfunction shall void all pays.

7. Responsible Gaming

7.1 Out the Gate considers responsible gaming an important aspect of its offering. Information for you regarding responsible gaming is available for your review on Out the Gate's patron protection page.

7.2 You may choose to suspend yourself from participating in the offerings on Out the Gate's website and mobile app for a period of no less than 72 hours by visiting Out the Gate's patron protection page.

7.3 Out the Gate offers you the right to set responsible gaming limits, including: (i) deposit limits; (ii) session time Limits; and (iii) spend limits. Once a limit is set, you will not be allowed to exceed such limit or increase any such limit until after the existing limit period has expired.

7.4 You also have the right to self-exclude. You may elect to participate in the New Jersey Self-Exclusion Program which will ban you from all New Jersey licensed Interactive gaming for a duration of 1 or 5 years and cannot be revoked. You may request placement on the Internet self-exclusion list by submitting a request through the gaming portal. A permanent self-exclusion may be filed in person at the offices of the New Jersey Division of Gaming Enforcement. Further information is available on the Division's website at:https://www.njportal.com/dge/selfexclusion

7.4 If you or someone you know has a gambling problem and wants help, call 1-800-Gambler.

For more information on these limits, visit Out the Gate's patron protection page.

8. Prohibited Activities

8.1 Duplicate or Multiple Accounts. A user is only permitted to have one account with Out the Gate. If you open or attempt to open more than one account with Out the Gate or if Out the Gate in its sole discretion determines that you have placed wagers from multiple accounts, Out the Gate reserves the right to restrict or otherwise block your accounts at its discretion or take any other action, including but not limited to, voiding placed wagers, or withholding deposits or winnings.

8.2 Collusion. You are and shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your participation in the offerings on Out the Gate's website or mobile app.

8.3 Prohibited Software. You shall not use any software-assisted methods or techniques or hardware devices in connection with your participation in the offerings on Out the Gate's website or mobile app, including any automated computerized software or other equivalent mechanism, such as a bot, to engage in play.

8.4 Player to Player Transfers. Player to player account transfers are not permitted and you agree not to sell, transfer or otherwise provide login details to any third party.

9. Dormant Accounts

9.1 If you do not log into your account for a period of more than 12 months your account will be deemed dormant ("Dormant Account"). Any funds remaining in a Dormant Account are subject to forfeiture pursuant to DGE regulations and applicable state law.

9.2 You may log into your Dormant Account to return your account to active status.

10. Taxes

10.1 You are solely responsible for reporting, accounting and paying any taxes arising out of your participation in the Services on Out the Gate's website or mobile app.

10.2 Out the Gate reports winnings to the Internal Revenue Service (IRS) and to any other federal, state, or local authority if required by applicable law, for wagers which result in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the wager.

10.3 Out the Gate will also withhold any taxes as may be required under federal, state, or local law, regulation, or IRS requirement, at the maximum applicable rate for such withholding, and may require you to provide information or documentation as may be necessary or desirable in connection with any filings or remittance of such withholdings

10.4 If you are subject to IRS reporting requirements, Out the Gate or CASINO will send you Form W-2G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of the winnings. You consent to receive all your tax-related documents, including any IRS Form 1099 and/or Form W-2G, electronically.

11. Disputes

11.1 Out the Gate will attempt to resolve all customer disputes amicably. If you are unsatisfied with Out the Gate's response to your complaint, you may file a dispute with the DGE using the form available at nj.gov/oag/ge/docs/InternetGaming/IgamingDisputeForm.pdf. Out the Gate will respond to disputes forwarded from the DGE within five (5) days.

11.2 By participating in the offerings on Out the Gate's website and mobile app, you hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising from your participation therein.

12. Cooperation with DGE and other Authorities

12.1 For the purpose of protecting your security and the security of the Out the Gate website and mobile app, you consent to the monitoring and recording by Out the Gateand/or the DGE of your wagering communications and geographic location information.

12.2 Out the Gate reserves the right to provide DGE or any other authority with any and all records or documents in its possession or control as requested or required by DGE or applicable law. Out the Gate will only provide such information to assist in a legitimate inquiry conducted by the DGE or other relevant authority.

13. Force Majeure

13.1 Out the Gate may, in its sole direction, determine that an emergency or an exceptional market condition exists ("Force Majeure Event"), in which case Out the Gate will take reasonable steps to inform you of such an occurrence. A Force Majeure Event may include, but is not limited to, the following: (i) natural phenomena, such as storms, hurricanes, floods, lightning and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of Out the Gate; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes; or (v) action by a governmental authority, including a moratorium on any activities related to these terms and conditions.

13.2 The failure of Out the Gate to comply with any provisions of these terms and conditions due to a Force Majeure Event will not be considered a breach of these terms and conditions by Out the Gate.

14. Privacy Policy

14.1 Use of the Out the Gate website or mobile app is subject to the terms of Out the Gate's Privacy Policy, which is incorporated herein by reference and available for review athttps://www.primesports.com/privacy. By using the Out the Gate website or mobile app, you acknowledge that you have read and agree to be bound by the terms of Out the Gate's Privacy Policy.

15. Limitation of Liability

15.1 Your use of and participation of the Services are at your own risk. The website and mobile app are provided as is, without any warranty whatsoever, whether express or implied.

15.2 You hereby agree to fully indemnify and hold harmless Out the Gate, its directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your participation in the Services.

16. Applicable Law and Jurisdiction

16.1 You hereby consent that these terms and conditions and any dispute arising thereunder shall be governed by, and construed in accordance with, the laws of the United States and laws of the State of New Jersey, without giving effect to any principles of conflicts of law.

16.2 YOU HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE STATE OF NEW JERSEY OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW JERSEY STATE COURT AND AGREE NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS IN ANY OTHER COURT OR FORUM. YOU HEREBY WAIVE ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS AND ANY DISPUTE ARISING THEREUNDER IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF NEW JERSEY OR NEW JERSEY STATE COURTS, AND AGREE NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. YOU HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THESE TERMS AND CONDITIONS AND ANY DISPUTE ARISING THEREUNDER.

17. Severability

17.1 If any part of these terms and conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining parts of the terms and conditions shall remain in full force unless the deletion of such invalid part results in a fundamental change to the terms and conditions.

18. Assignment

18.1 Out the Gate reserves the right to assign or otherwise lawfully transfer any right or obligations arising under these terms and conditions. You acknowledge you do not have a right to assign or otherwise transfer any rights or obligations arising in terms of these terms and conditions without Out the Gate's prior written consent.

19. Miscellaneous

19.1 Out the Gate is the sole owner of the Out the Gate brand, trademark and logo. Any unauthorized use will result in legal action against the infringer.

19.2 Out the Gate's website and mobile app and their contents may not be reproduced. Any unauthorized use or reproduction of the Out the Gate website or mobile app may be prosecuted.

19.3 These terms and conditions, with the documents referenced herein, constitute the entire understanding and agreement between you and Out the Gate and supersedes any prior agreement, understanding, or arrangement between you and Out the Gate.

19.4 Nothing in these terms and conditions shall create or confer any rights or other benefits in favor of any third parties other than the Division or CASINO.

19.5 Nothing in these terms and conditions shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Out the Gate.

19.6 The failure of Out the Gate to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision.

Use of SMS

20.1 Users will receive SMS messages when opted into additional account security measures (two factor authentication) containing messages that provide numerical codes to verify account access

20.2 You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Note that this will require you to change your additional account security (two factor authentication) settings to send authentication codes via email instead

20.3 If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]

20.4 Carriers are not liable for delayed or undelivered messages

20.5 As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per login attempt. If you have any questions about your text plan or data plan, it is best to contact your wireless provider

20.6 If you have any questions regarding privacy, please read our privacy policy: https://www.primesports.com/privacy

21. Contact Information

21.1 Should you have any questions, contact Out the Gate support by emailing [email protected]