Last updated 6/22/2021

Please read the following terms and conditions carefully prior to using the website.

Upon acceptance and completion of the application process, you (the “Account Holder”) will be subject to all Federal, State and local regulations in addition to the Privacy Policy and Terms and Conditions of the website. By becoming an Account Holder, you certify, agree, and accept, without limitations or qualifications, all terms and conditions herein including those conditions referenced in hyperlinks. If you do not agree with the Terms and Conditions, Privacy Policy or Legal notices, do not use the website or our wagering platform (AmWager.com). Any access or use of the website indicates acceptance of all terms and conditions, privacy policies and disclosures contained herein.

Application Requirements

To establish or maintain a wagering account, you must:

• You have read and agree to the entire Terms and Conditions Policy including the Privacy Policy set forth by AmWager.com (AWE).

• You certify that you are at least 21 years of age and a resident of a jurisdiction where wagering on our service is legal.

• Only one verified account per person will be allowed.

• Accounts are non-transferrable.

• You have provided AWE with complete and accurate information on the Subscriber Application.

• You authorize AWE to perform a background check by a third-party investigative firm. All information used to authenticate you account will be held confidential.

• You agree to allow AWE to open an advanced deposit wagering (ADW) account in your name and manage funds on your behalf.

• You acknowledge that your account is for your personal use and wagers placed by others are prohibited. You are legally responsible for all wagers placed through your account, by you or others, with or without your consent. AWE is not responsible for any unauthorized use of your account and will not be responsible for charges/usage to your account.

• You will notify AWE immediately of a change in address. If relocating to a state that does not allow pari-mutuel wagering, wagering must cease.

• You agree to pay all charges posted to your account.

• You agree that AWE has the right to debit your account for information products purchased by you.

• You authorize AWE’s external auditors to review your personal and wagering information.

• Your information will be kept confidential, unless in the event of an investigation by the Federal or State authorities, or a regulatory/compliance inquiry pursuant to AWE’s contracts or track relationships.

• You acknowledge that unusual, fraudulent, unlawful or suspicious account activity will be reported to the proper authorities. AWE will assist in investigations and may do so without providing notification to you. Proceeds from questionable activity may be retained by AWE to recover damages or losses caused by the fraudulent activity.

• AWE reserves the right to reject an account application for any reason deemed necessary.

• AWE reserves the right to close an account for any reason deemed necessary. Upon closing an account, all monies due will be returned to the account holder within 5 business days. Accounts closed due to theft or fraudulent activity may be retained by AWE to recover damages or losses caused by the fraudulent activity.

Deposits/Withdrawals/Wagering

Deposits

Deposits to your account can be made by a variety of methods. They include ACH, Check/Money Order, Wire transfer, plus many more. Please refer to the funding page for additional deposit options and details regarding limits and fees.

• All deposits will be made available for use in accordance with normal financial availability standards and our terms and conditions.

• AWE reserves the right to charge a $5.00/convenience fee on all deposits. AWE reserves the right to waive the fee at their discretion.

• AWE reserves the right to limit your total deposit amounts in a 24-hour and weekly time period.

• ACH deposits may take up to 7 business days to post to your account. This delay is in accordance with the normal financial industry availability standards.

• Any ACH funds released prior to the 7 business days for wagering, will not be available for withdrawal until those funds have cleared the banking process.

• Absolutely no wagers will be accepted unless the account holder has sufficient funds to cover the wager in the player account. If an account holder “bounces” an ACH transfer or otherwise makes a deposit that is later rescinded by the transferor’s financial institution, the account holder agrees to immediately reimburse AWE for all such amounts plus a $25.00 returned fee. If the account holder uses an ACH transfer from an invalid/closed account, AmWest may retain any proceeds to cover the expenses related to the transaction and remaining balance. If AWE is forced to take steps to collect such amounts from the account holder, the account holder agrees to reimburse AWE for all attorneys’ fees, costs, and expenses associated with collection. AWE may provide account activity reports to aide in the fund recovery investigation.

• In the event the account holder files a police report and claims fraud from the rejected ACH transfers, AWE will provide account activity reports and additional information to the police to assist in their investigation.

• AWE reserves the right to collect money owed to AWE, from dishonored financial instruments, from the player’s account balance.

• Player accounts are non-interest bearing.

• Account balances can be verified by logging into your account or calling player support.

Withdrawals

Withdrawal requests can be made by check, ACH, wire or other methods through your account or customer service.

• Withdrawal requests can only be made by the account holder, once identity has been verified.

• Funds available for withdrawal equals the account holder’s balance less any pending deposits.

• Withdrawals by check requests are processed within 5 business days after receipt of request. Expedited shipping of checks will incur a $30 handling fee. If an incorrect address was provided and the check was never received, a stop payment will be processed, and a $35 stop payment fee will be applied to the account and a check will be reissued. AWE reserves the right to waive service charges at their discretion.

• ACH withdrawal transfers may take 1-3 business days, depending on individual bank processing standards. No ACH withdrawals will be allowed until one deposit of $25 has been successfully deposited and funds are successfully received by AWE.

• AWE will wire funds at the request of the account holder. A service charge of $25 will apply to wire requests under $5000. AWE reserves the right to waive service charges at their discretion.

• If the balance of your account is insufficient to cover the requested withdrawal amount, no withdrawal will be processed by any of the payment methods.

Wagering

• Only authorized account holders shall have access to services provided by AWE. You are legally responsible for all wagers placed from your account using your User ID and Password. You bear full responsibility for maintaining the confidentiality of your account, User ID and Password.

• Absolutely no wagers will be accepted unless the account holder has sufficient funds to cover the wager currently in their account. Funds are withdrawn from the account prior to the wager being submitted.

• The maximum wager amount allowed is $1,000 (USD) per transaction.

• Proceeds from winning pari-mutuel wagers will be posted to the credit of the account holders as soon as the race is declared official, barring any technical difficulties.

• AWE has the right to refuse any wagering transaction for any reason.

• No account holder shall make a wager from his or her account while residing in or located in a jurisdiction in which pari-mutuel wagering of this nature is expressly forbidden. Please see our list of restricted/allowed states here. Each account holder should consult their own attorney for further clarification.

LIMITATION OF LIABILITY

In the event the wager from an account holder is not transmitted to, received by, or otherwise accepted by the racetrack for any reason (including, but not limited to, mechanical, communication, and human error or failure), no wager will have been placed (or deemed to have been placed) on behalf of the account holder, and no money will be debited from the account holder’s account. Under no circumstances will AWE “book” the wager, or otherwise be held responsible for the wager not being transmitted to, received by, or otherwise accepted by the racetrack. AWE shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond AWE’s control whether or not similar to the foregoing.

Wager Cancellation

• AWE does not guarantee the availability of the wager cancellation feature.

• AWE may refuse a cancellation of a wager request for any reason.

• AWE will not guarantee the cancellation of a wager.

• AWE may refuse any cancellation that may cause substantial altering of odds, prices or betting totals.

New York residents-Transaction cancellations are limited to $500 in win, place and show pools on any betting entry, and for wagers greater than $50 on any one combination in multiple, exotic or super-exotic pools, the account holder’s request to cancel shall be referred to AWE management.

Analytical Wagering Tools

Conditional Wagering allows an account holder to:

• Set multiple conditions to wagers that must be satisfied (by a scheduled timeframe) before the wager is sent to tote for processing.

• Schedule the timing (relative to minutes-to-post) of when the conditions should be evaluated.

• If the conditions (as defined by the account holder) are satisfied at the scheduled timeframe, the bet is sent for processing. Otherwise, the conditional wager “fails” and no bet is placed.

• While odds conditions can only be matched against win, exacta, quinella or double pools, you can use those to build conditions for other wagers.

• If conditional wagers are placed and exceed funds available in the player account, AWE will not guarantee the order of the conditional wagers accepted. Wagers that cannot be placed due to availability of funds will be cancelled.

Dutch Wagering allows an account holder to:

• Create a wager, built from multiple individual wagers, with the aim being to achieve the same payout, no matter what selected runner comes in.

• You can dutch on any win, exacta, quinella or daily double wager that has odds. If no odds are available, the dutching tool is disabled.

ABC Wagering allows an account holder to:

• Rank your runners from A to C (A being most likely to win, B has a chance to win, C given certain conditions could win) to maximize your wager by allocating more funds to your “A” combinations than the others.

Rank Bet/Rank Pro wagering allows an account holder to:

• Rank Bet allows account holders to “rank” the runners from first to last, choose the amount to wager, and the system will build a logical list of wagers.

• Rank Pro allows account holders to create percentage odds lines for each runner in each leg of their wager, choose the amount to wager and the system will build a logical list of wagers.

Additional information on Analytical Tools can be found at: https://www.amwager.com/features/

The AWE Analytic Wagering Tools are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. AWE does not warrant that the service will be uninterrupted or error-free. Analytical wagers are dependent upon the receipt of accurate and timely information from third party tote providers (odds, probable payoffs, minutes-to-post, etc.). AWE does not guarantee the accuracy of their information. If the information used for processing analytical wagers is deemed to be incorrect, in no way shall AWE be liable for damages whether direct or indirect, including but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability of any analytical wagering services (including, but not limited to, any analytical wagers that were sent, or not sent, to tote for processing).

Tax Reporting

• In accordance with the laws of the Internal Revenue Service (“IRS”), any wager resulting in winnings of $600.00 or more must be reported to the IRS, if the amount of winnings is at least 300 times the amount wagered into a single pool. Additionally, any wager resulting in winnings over $5,000.00 is subject to reporting and withholding, if the amount of winnings is at least 300 times the amount wagered into a single pool. All winnings subject to reporting and/or withholding shall be reported and/or withheld by AWE, and a copy of the Form W2-G summarizing the information shall be sent to the account holder for tax purposes. It is the responsibility of the account holder to claim all gambling winnings on his or her Federal and State tax returns (where applicable by law).

• AWE will provide a W2-G at year end, to the address on file, for reportable winnings.

Responsible Wagering

• Wager responsibly. We are committed to responsible gambling. Please visit our Responsible Betting page if you, or someone you know, is experiencing problems with gambling.

• Indicators of compulsive gambling:

a. Lying to family members or others to hide your gambling

b. Trying to get back lost money (chasing losses)

c. Financial trouble because you gambled money away

d. Needing to gamble with increasing amounts of money

e. Being preoccupied with gambling

f. Trying to control, cut back or stop gambling, without success

g. Gambling to escape problems

h. Losing important relationships because of gambling

i. Committing theft or fraud to get gambling money

j. Gambling because it is the most important thing in the world

Rewards

• AWE rewards account holders by returning a percentage of your total wager on most bets. Please visit our Rewards Page for additional information.

Promotions

• AWE may offer promotions. Each promotion will have specific term/conditions/rules related to that promotion. Please review the promotions rules prior to redeeming.

• Use of a promotion code indicates acceptance of this sites Terms and Conditions.

• AWE has the right to modify or cancel promotions at any time.

• AWE has the right to restrict participation in a promotion at our sole discretion.

• AWE rewards account holders with cash rewards deposited daily. Please visit our Promotions page for additional information.

• Promotional credits expire 30 days after issuance unless otherwise noted.

• Promotional credits may only be used to wager or purchase in service products, they are not cash and cannot be withdrawn.

Use of Equibase®Products

• The data used to create the Equibase® Products are proprietary to and are copyrighted by Equibase Company LLC or Axcis Information Network, Inc. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with these Terms and Conditions of Use.

• You may not transfer the Equibase®Products from one computer to another. You may not distribute copies of the Equibase®Products to third parties. You may not create derivative works based upon the Equibase®Products.

• The Equibase®Products are for your use only and may not be transferred to anyone else. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the Equibase®Products on a permanent or temporary basis except as expressly provided for herein.

• If you breach any of these Terms and Conditions of Use, Equibase and/or AmWest Entertainment LLC (AWE), in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the Equibase®Products.

• Your purchase of the Equibase® Products indicates your acceptance of these Terms and Conditions of Use.

• You agree that AWE has the right to debit your account for information products purchased by you.

Inactive Accounts

• An inactive account is one that has had no activity for twelve (12) consecutive months or more. If your account is inactive and has funds on deposit, AWE has the right to assess a $5.00, or five percent (5%) of the account balance monthly service fee, whichever is greater, until the account becomes active or no longer has a balance. If the account becomes inactive and has a balance of less than $5.00, the remaining balance will be assessed as the service fee.

• The fee is assessed the first day of the month following the 12 consecutive months of inactivity.

Additional Terms

• It is the account holder’s responsibility to be aware of all wagering rules, policies, terms, conditions, and procedures, including any subsequent changes.

• By submitting the Subscriber Application, the account holder certifies that he or she is aware of the wagering laws in his or her jurisdiction and that he or she is not in violation of any such laws and will abide by the gaming laws of the state in which he or she resides. AWE does not accept any responsibility for its account holders with regard to said legality of wagering in the account holder’s jurisdiction.

• The account holder must complete the entire Subscriber Application.

• The account holder must submit to a background check, verifying proof of physical residential address (a post office box is not acceptable), and date of birth with the application. If account holder is not a U.S. citizen, he or she must provide a copy of his or her Passport and a Form W8-BEN. Account holder must be at least twenty-one (21) and a resident of a jurisdiction where wagering on our service is legal.

• AWE will maintain strict confidentiality of account holder’s information. However, in the event of an investigation by the Federal or State authorities, or a regulatory/compliance inquiry pursuant to AWE’s contracts or track relationships, the account holder waives any and all rights to personal information and data in AWE’s possession. AWE reserves the right to disclose said data and information to law enforcement and investigative authorities for review and investigation and background examination. The account holder releases AWE of all liability in this regard, to the full extent possible under law.

• A facsimile signature shall have the same effect as an original.

• AWE specifically reserves the right to reject any application. AWE also reserves the right to refuse deposits to the opening or maintenance of accounts for any reason that it deems to be good and sufficient. AWE reserves the right to suspend or close any account at any time, provided that, when the account is closed, the funds on deposit are returned. Funds will be sent, via check, to the account holder to the address registered with the account within 5 business days. In the event, that an account holder is deceased, funds in the account shall be released to the descendant’s legal representative upon receipt of a copy of a certified death certificate and other documents as required. Accounts may not be transferred from one individual to another.

• The account holder must consent to an investigation of his or her background and police records. The account holder waives any rights or causes of action that he or she may have against the Oregon Racing Commission and any other individual or agency disclosing or releasing said information to Oregon Racing Commission.

• Account holders shall not use AWE’s services in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Account Holders to civil and/or criminal penalties.

• AWE is a licensed pari-mutuel operator in the State of Oregon. As such, the laws of the State of Oregon will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. New York State residents are subject to the NY law and under the regulation of the New York State Gaming Commission. AWE reserves the right to make changes to our website, Subscriber Application, and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the web site.

• Account holder agrees to defend and hold harmless AWE, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) arising out of his or her use of AWE’s products and services.

• Each time you access and browse this website, you accept, without limitations or qualifications, these Terms and Conditions. You also acknowledge that any other agreements between you and AmWager.com are superseded and of no force or effect regarding this subject matter.

• AWE is not responsible for the content, security, terms or privacy of websites linked to the AWE website. Hyperlinks are provided as a convenience and are not monitored by AWE.

• AWE does not guarantee the accuracy of third party information, but welcomes notification of errors.

• Any recommendations, suggestions or comments to AWE, may be used to enhance our services without compensation to you.

• Account holder or AWE may terminate or cancel AWE’s services at any time. Account holders may cancel the service with AWE by mailing a signed notice to AmWest Entertainment LLC, 13011 W. U.S. Highway 42, Suite 107, Prospect, KY 40059 or by faxing a signed notice to AmWest Entertainment LLC, fax number (502) 292-1076. AWE may terminate the service at any time by providing notice to the account holder by electronic mail or by U.S. mail or courier service. All accounts terminated shall take effect immediately.

Subscriber Qualification

Individuals who the Oregon Racing Commission determines pose a threat to the interests of the state or to pari-mutuel wagering may be excluded from pari-mutuel wagering through any multi-jurisdictional totalizator hub. In making the determination for exclusion, the commission may consider any of the following:

1. Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of racing, gaming, or pari-mutuel laws of any state, the United States, any of its possessions or territories, or Indian tribes;

2. A violation, attempt to violate, or conspiracy to violate, the provisions of racing, gaming, or pari-mutuel statutes or rules of the state or any other state, the United States, any of its possessions, or territories, or Indian tribes;

3. A violation, attempt to violate, or conspiracy to violate, the provisions of the gaming or pari-mutuel statues or rules of the state relating to the failure to disclose an ownership interest in a gaming establishment or a pari-mutuel facility for which the person must obtain a license or make disclosures to the commission;

4. The intentional evasion of lawful fees or taxes;

5. Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming and the pari-mutuel industry is free of criminal or corruptive influences;

6. Catering to, assisting, or associating with, either socially, or in business affairs, persons of notorious or unsavory reputation, or who have extensive criminal records or persons who have defied congressional committees, other officially constituted bodies, on behalf of the United States or any state, or persons associated with known criminal organizations;

7. Denial or revocation of a racing, pari-mutuel, or gaming license in any jurisdictions; or

8. Termination for cause by, or exclusion from, any licensed or tribal gaming establishment, pari-mutuel facility, or racetrack in any jurisdiction.

Terms and Conditions Use Agreement

1. All information provided by the account holder must be true and accurate. The account holder will submit to a background check, verifying proof of physical residential address (a post office box is not acceptable), and date of birth with the application. If account holder is not a U.S. citizen, he or she must provide a copy of his or her Passport and a Form W8-BEN.

2. The account holder bears full responsibility for maintaining the confidentiality of his or her Account ID and PIN. He or she shall not disclose, transmit, post, give away or otherwise share the Account ID and PIN with any other party or use the Account ID and PIN for any unauthorized purpose.

3. The account holder will place wagers for personal and private use only, and will not make any information, materials, or services from AWE available to any other person. Any wagers placed by a person other than the account holder is strictly prohibited.

4. The account holder agrees to have his or her identity, residency, citizenship and social security number or equivalent government tax identification number verified by a reputable third party identification service. The account holder also consents to an investigation of his or her background and police records.

5. The account holder agrees to accept receipt of all Form W2-G’s (when applicable) under penalty of perjury. A facsimile signature shall have the same effect as an original.

By agreeing the Subscriber Application, You agree to abide by the Terms and Conditions of this Terms and Conditions Policy. Furthermore, You declare and affirm that my Subscriber Application, and any statements, attachments, supporting schedules and documents have been examined by you, and, to the best of your knowledge and belief, are in all things true and correct. You understand that AmWest Entertainment LLC (AmWager.com) makes NO WARRANTIES WITH REGARD TO THE SERVICE TO BE PROVIDED HEREUNDER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AMWEST ENTERTAINMENT LLC BE RESPONSIBLE FOR DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL DAMAGES, ARISING OUT OF THE SERVICES TO BE PROVIDED.