Upon acceptance and completion of the application process, you will become an AmWest Entertainment LLC (“AWE”) account holder. By becoming an Account Holder, you certify, agree, and accept the following:
- You have read and agree to this entire Terms and Conditions Policy.
- You certify that you are at least 21 years of age.
- You have provided AWE with complete and accurate information on the Subscriber Application. You will notify AmWest Entertainment LLC of any changes in the information provided on the Subscriber Application within 10 days after such change.
- You authorize AWE to perform a background check by a third-party investigative firm.
- 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 (for more information, see #16 under Rules and Regulations).
Rules and Regulations
- When you call to wager, a teller will ask you for your Account ID and Personal Identification Number (“PIN”) to gain access to your account. The teller will inform you of your account balance, and you will then be able to make a wager. The teller will repeat back the wager for your confirmation before it is sent through the account wagering system. At the end of the call, you will be asked to confirm all wagers.
- All wagering conversations will be recorded. Taped wagers will be available for playback upon request. Listen carefully as the teller repeats your wager. In case of a dispute, the voice recording of the wager will be deemed to be the actual wagers, regardless of what was recorded by the pari-mutuel system. Should you wish to dispute a wager, you will have 7 days from the date you placed the wager to assert said dispute. The wagers repeated by the teller and verified by the account holder will be considered the desired wagers.
- All telephone wagers are final, and no wager shall be canceled at any time after the wager has been accepted unless all wagers in the relevant pool are canceled. Once the conversation between the account holder and teller has ended, all wagers made in such conversation are final and irrevocable.
- AWE reserves the right at any time to refuse all or part of any wager during the phone call. AWE reserves the right to declare wagering closed at any time, on any pari-mutuel pool race, group of races, or for all wagering.
- Proceeds from winning pari-mutuel telephone wagers will be posted to the credit of the account holders as soon as the race is declared official, barring any technical difficulties. Accounts are non-interest bearing.
- 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.
- 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. 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. 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).
- 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 Account ID and PIN over the telephone. You bear full responsibility for maintaining the confidentiality of your account, Account ID, and PIN.
- It is the account holder’s responsibility to be aware of all wagering rules, policies, terms, conditions, and procedures, including any subsequent changes.
- 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.
- 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.
- No wager will be accepted from a customer who is known or suspected to be at a race track.
- 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 21 years of age.
- Absolutely no wagers will be accepted unless the account holder has sufficient funds to cover the wager currently in his 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 $50.00 returned check fee. If AWE is forced to take steps to collect such amounts from the account holder, the account holder agrees to reimburse AWE for all of its attorneys’ fees, costs, and expenses associated with collection.
- 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 to the account holder. 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.
- AWE will wire funds at the request of the account holder. If the tote account balance is insufficient to cover the requested withdrawal amount, no withdrawal will be made.
- 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.
- 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 at the conclusion of the monthly cycle.
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:
- 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;
- 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;
- 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;
- The intentional evasion of lawful fees or taxes;
- 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;
- 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;
- Denial or revocation of a racing, pari-mutuel, or gaming license in any jurisdictions; or
- 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
- 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.
- 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.
- 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.
- 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.
- 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 signing the Subscriber Application, I agree to abide by the Terms and Conditions of this Terms and Conditions Policy. Furthermore, I declare and affirm that my Subscriber Application, and any statements, attachments, supporting schedules and documents have been examined by me, and, to the best of my knowledge and belief, are in all things true and correct. I understand that AmWest Entertainment LLC 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.