Terms and Conditions

Welcome to DK HORSE

Please read the following terms and conditions carefully.

This agreement describes the terms and conditions (“Terms and Conditions”) applicable to the use of the website and account wagering services provided via www.DKHorse.com (“Website”) and the DK HORSE mobile applications (the “Services”). The Services are operated by Churchill Downs Technology Initiatives Company (“CDTIC”) with a license to use the “DraftKings,” “DK HORSE,” and/or “DraftKings Horse” brand from DK Horse LLC (“DK HORSE”) and its affiliated companies. While DK HORSE will facilitate your access to the Services and may send you marketing communications from time to time, you acknowledge and agree that the Services are being performed by CDTIC. For clarity, these Terms and Conditions do not apply to any other products or services offered by DraftKings or its affiliates, including, without limitation DraftKings Daily Fantasy Sports, DraftKings Sportsbook, DraftKings Casino, and DraftKings Marketplace.

By using the Services you accept all of the Terms and Conditions contained herein, including those Terms and Conditions referenced by hyperlinks herein. The use of the Services is subject to all applicable State and Federal regulations. If you do not agree with these Terms and Conditions or the CDTIC Privacy Policy available here (“Privacy Policy”) and legal notices, do not use the Services. For clarity, the terms and conditions for any other DraftKings products or services (i.e. the DraftKings daily fantasy sports terms of use or the DraftKings sportsbook terms of use) shall not apply to the Services.

ACCOUNT INITIATION REQUIREMENTS

To establish and/or maintain a wagering account with DK HORSE and use the Services, an applicant must:

Have read and agreed to abide these Terms and Conditions.
Provide the following personal information: full legal name, phone number, email address, residential address, mailing address (if different), social security number, and/or any other information that may be required.
Allow DK HORSE and/or CDTIC to use third party services to authenticate your account information. All information used to authenticate your account is subject to confidentiality.
Allow DK HORSE and/or CDTIC to open an advance deposit wagering (“ADW”) account in your name and to manage funds on your behalf.
Be at least eighteen (18) years of age, or legal wagering age in jurisdictions with higher age requirements (including Indiana, Iowa, and Washington state residents, who must be at least 21 years of age) and a resident of a jurisdiction in which DK HORSE is legal and offered (“Permitted States”).
Notify CDTIC immediately about any change of your address.
Refrain from wagering if you relocate to any state or country that does not allow pari- mutuel wagering.
Agree to pay all charges posted to your account.
Acknowledge that DK HORSE and/or CDTIC reserve the right to report unusual or suspicious activity to the proper authorities and retain any proceeds resulting from theft or fraudulent activity to pay for damages and losses resulting therefrom.

Only one (1) account per verified person will be allowed. CDTIC reserves the right to reject any application for an account for any reason it deems necessary. CDTIC also reserves the right to close an account for whatever reason and without explanation, for any reason it deems necessary, including but not limited to for compliance with applicable legal or regulatory requirements, in cases of suspected illegal or fraudulent activity, outstanding funds owed, or other improper or abusive behavior. Except in the case of theft, fraudulent, or other actual or suspected illegal activity, in circumstances in which funds remain subject to ACH returns, credit card chargebacks, or otherwise returned (in which case funds will be retained until all applicable time periods have expired), or as otherwise may be required by applicable law or regulation, upon closing an account, all funds will be returned to the account holder via check mailed to the registered account address within five (5) business days.

If an account is inactive for a period of twelve (12) months or more, CDTIC may charge a monthly account maintenance fee of $5.00 or five percent (5%) of the account balance, whichever is greater. If the balance in an inactive account is $5.00 or less, the account will be assessed the monthly account maintenance fee set forth in the preceding sentence, provided the charge will not exceed the available balance in the account.

By completing your registration, you accept the DK Horse Privacy Notice available here (“DK Horse Privacy Notice”) and consent to the personal information processing practices described in it. By registering for and using the Services, you direct CDTIC to transfer your personal information to DK Horse for its business and marketing purposes in accordance with the DK Horse Privacy Notice.

ACCOUNT PROCEDURES:

WAGERING, DEPOSITS, WITHDRAWALS WAGERING

Go to www.DKHorse.com and sign in using your unique username and password.

CDTIC employs strict privacy and protection methods in order to ensure the highest level of wagering security and integrity. An account for the Services may only be accessed by the registered account holder using their unique, valid login information.

The maximum wagering amount allowed is $2,500 (U.S.) per transaction, unless otherwise authorized. The wagering amounts are also dependent on the host racetrack rules and these Terms and Conditions. When a wager is accepted, a notification that your bet has been placed will be provided, and a wager shall not be deemed accepted unless such notification is provided. All wagers through the Services are commingled with wagering pools at the host racetrack and will be subject to host racetrack restrictions. In the case of multiple wagers, such as a daily double or an exacta box, the base wager is multiplied by the number of combinations to determine the amount of the total wager. Wagers will only be accepted that do not exceed the current balance of a player’s respective DK HORSE wagering account. The amount for all approved wagers will be withdrawn from the account holder's wagering account prior to submission of the wager into the host racetrack wagering pool. Any winnings will be credited to the account holder's account promptly following the posting of official results by the respective host racetrack.

DK HORSE and/or CDTIC reserves the right to refuse any wagering transaction for any reason. Any and all wagers placed by residents of non-Permitted States will not be accepted.

Under certain circumstances CDTIC may operate separate wagering pools from the host racetrack. Separate pools will be subject to rules and regulations of the Oregon Racing Commission.

If for some reason CDTIC is unable to commingle your wager with the host racetrack wagering pool, your wager will be refunded to your DK HORSE account. Requested wagers that are unsuccessful, ineffective, or non-permissible for any reason (including any and all track errors, tote malfunction, communications failures, etc.) will be canceled and the full wagered amount will be refunded to your DK HORSE account.

WAGER CANCELLATION TERMS & CONDITIONS

Unless prohibited by the racetrack or by a state jurisdictional authority, DK HORSE account holders may (within the set of pre-defined limits set forth in this Section) request to cancel any “Open” or “Accepted” wagers which have been previously submitted.

To request to cancel a wager:

Click the options associated with the wager (signified by three dots) on the (i) Bets or (ii) Account History screen, then click on the “trash can” icon, and click “yes” to confirm.
Click “Yes” to confirm your cancellation request.

Use of the wager cancellation feature is subject to the following terms:

Account holders may request to cancel up to a maximum of ninety (90) wagers per week. In addition, only wagers in the amount of five hundred dollars ($500) or less are eligible for wager cancellations unless otherwise approved.
CDTIC may refuse to accept a wager cancellation request for any reason.
CDTIC may refuse to permit wager cancellations from any account holder for any reason.
CDTIC does not guarantee the cancellation of a wager or the availability of the wager cancellation feature.

· Betting pools that have already been closed will NOT be eligible for wager cancellation.

DEPOSITS

Deposits can be made online or by mail using multiple deposit methods as listed on the Deposits page available here . Details on limits and fees can be found on the FAQ Page available here.

All deposits will be posted to your DK Horse account as soon as they become available in accordance with these Terms and Conditions.

Any ACH based funding transaction may release funds for wagering; however, you will not have those funds available for withdrawal until CDTIC has received notice that the funds have cleared the banking process.

In the event of any dishonored financial instrument or transaction, CDTIC may charge a twenty-five-dollar ($25.00) service fee and start collection procedures including, but not limited to, employing collection agencies and credit reporting agencies in an effort to collect any fees, charges, or expenses incurred due to dishonored financial instruments from the responsible account holder. In the event a customer claims fraud and files a police report in conjunction with a dishonored financial transaction, CDTIC and/or DK HORSE may provide wagering account records to the investigating law enforcement agency to aid in the investigation.

Accounts may be funded only by personal financial accounts registered in the same name as the accountholder. Only personal financial accounts, and no business or organizational accounts, may be used to fund accounts. TwinSpires reserves all rights to seek documentation for validating account information.

Players may check their account balances by logging into their DK HORSE account.

DK HORSE player account balances accrue no interest.

DK HORSE and CDTIC reserve the right to amend these deposit Terms and Conditions or enforce additional deposit rules and regulations at any time and at their sole discretion.

WITHDRAWALS

Withdrawal requests can be made online. The availability of funds is subject to funds available in the player's ADW account less any pending deposits. Details related to withdrawals, including withdrawal methods can be found on the FAQ Page available here .

Withdrawal requests can only be made by the account holder and upon verification of the account holder’s identity. The account holder may be asked to answer certain questions in order to verify the account holder’s identity.

Withdrawal requests are processed within five (5) business days after receipt of the withdrawal request.

OTHER NOTICES OF INFORMATION

TAX REPORTING AND WITHHOLDING

In keeping with all Federal Tax Laws set forth by the Internal Revenue Service (“IRS”), any wager that results in winnings of six hundred dollars ($600.00) or more will be reported to the IRS, if the amount of winnings is at least three hundred (300) times the original amount wagered. Any wager resulting in winnings over five thousand dollars ($5,000.00) is subject to reporting and withholding if the amount of winnings is at least three hundred (300) times the original amount wagered. In each case, the original amount wagered shall include all wagers placed in a single pari-mutuel pool and represented on a single electronic record, which shall be aggregated and treated as a single wager for purposes of determining the amount of the wager. When required, CDTIC will report and withhold winnings. A Form W2-G will be sent to the account holder summarizing such activity.

LIABILITY LIMIT

Except where prohibited by law, in no event will DK HORSE or its affiliates, subsidiaries, or parent companies; Churchill Downs Incorporated or its affiliates, subsidiaries, or parent companies; or the employees, officers, directors, shareholders, agents, contractors, or suppliers of each of the foregoing be liable for lost profits or any special, incidental, exemplary, punitive, or consequential damages arising out of or in connection with the Services (however arising, including negligence). Without limiting the foregoing, in no event will DK HORSE or its affiliates, subsidiaries, or parent companies; Churchill Downs Incorporated or its affiliates, subsidiaries, or parent companies; or the employees, officers, directors, shareholders, agents, contractors, or suppliers of each of the foregoing’s total liability to you and any third parties in any circumstance exceed the amount of the wager you placed, and their liability shall be limited to the fullest extent allowable by applicable law or statute.

GOVERNING LAW

These Terms and Conditions and all transactions conducted through the Services are governed by the laws of the State of Oregon, with the exception of the Arbitration Provision listed below under “DISPUTE RESOLUTION BY BINDING ARBITRATION,” which shall instead be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., notwithstanding any state or foreign law or rule, and irrespective of any choice of law provision. By using the Services you consent to the application of Oregon law governing account wagering. Any disputes or claims alleging non-payment will be resolved according to the rules issued by the Oregon Racing Commission. Any claims or disputes related to or arising from the operation of the Services or account wagering and/or your use of the Services or account wagering must be brought against CDTIC and may not be brought against DK HORSE or any of its affiliates, subsidiaries, parent companies, or their successors or assigns. Without limiting the preceding sentence, DK Horse shall be a third-party beneficiary of these Terms and Conditions and may enforce the provisions of these Terms and Conditions, provided that, except as set forth herein and in the DK Horse Privacy Notice, DK Horse has no duties related to the operation and/or your use of the Services or account wagering or any liabilities arising therefrom. To the extent you have a right to bring a claim against DK HORSE or any of its affiliates, subsidiaries, parent companies, or their successors or assigns, you agree: (i) to waive any right to participate in any class, collective, or representative action, whether in court or arbitration and (ii) that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, to these Terms and Conditions, the DK Horse Privacy Notice, and/or the CDTIC Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

For Minnesota Residents only, please also see the second to last paragraph of these Terms and Conditions.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this provision (“Arbitration Provision”) carefully, because it requires you to arbitrate disputes with CDTIC and it limits the manner in which you can seek relief, unless you opt out of this Arbitration Provision.

For purposes of this Arbitration Provision, all references to “CDTIC” includes its parent, affiliates, subsidiaries, employees, owners, agents, officers, directors, successors, and assigns. Churchill Downs Incorporated, the parent company of CDTIC, is an intended third party beneficiary of this Arbitration Provision.

Unless you specifically opt out using the procedures in the section below entitled “Your Right to Opt Out of the Arbitration Provision,” you agree to the Arbitration Provision set forth herein. Whether to agree to arbitration is an important decision. It is your decision to make and you should not rely solely on the information provided in these Terms and Conditions, as they are not intended to contain a complete explanation of the consequences of agreeing to this Arbitration Provision. You should take reasonable steps to conduct further research and to consult with others regarding the consequences of your decision.

For Minnesota Residents only, please also see the second to last paragraph of these Terms and Conditions.

Scope of Arbitration Provision. You and CDTIC agree to resolve by binding individual arbitration any past, present, or future dispute, claim, or controversy of any kind or nature arising out of, relating to, or in connection with your access to or use of the Services or to these Terms and Conditions (including, without limitation, any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions), that you may have against CDTIC. This arbitration provision shall not apply to a dispute if an agreement to arbitrate such a dispute is prohibited by governing law.

Waiver of Right to Trial and Waiver Class, Collective, or Representative Action. You and CDTIC agree to waive (1) the right to a trial before a judge or jury in federal, state, or local court in favor of arbitration under this Arbitration Provision, and (2) any right to participate in any class, collective, or representative action, whether in court or arbitration, covering any dispute, controversy, or claim to which this Arbitration Provision applies. Any claims subject to this Arbitration Provision shall be decided by an arbitrator on an individual basis only. Class, collective, and representative actions are not permitted under this Arbitration Provision. The arbitrator shall not have the authority or jurisdiction to join or consolidate claims of different parties into a single proceeding, or to adjudicate any class, collective, or representative action.

Location of Arbitration, Applicable Rules, and Selection of Arbitrator. You and CDTIC agree that any arbitration shall occur in the county in which you reside. You may request to appear at the arbitration telephonically or via videoconference. You and CDTIC agree that such arbitration shall be conducted by a single arbitrator in accordance with the Streamlined Rules of the Judicial Arbitration and Mediation Services (“JAMS”). The current Streamlined Rules of JAMS are available here:

http://www.jamsadr.com/rules-streamlined-arbitration/.

The arbitrator shall be a retired federal or state judicial officer who presided in the state where the arbitration will be conducted. If you and CDTIC cannot agree on an arbitrator, the selection process of JAMS shall apply.

Initiating an Arbitration. The party seeking to bring a claim under this Arbitration Provision must demand arbitration in writing and deliver the written demand, with an original physical signature, by hand or first-class mail to the other party (the “Demand for Arbitration”). Any Demand for Arbitration submitted with a digital, electronic, copied, or other non-original signature will be null and void. The Demand for Arbitration shall include an identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any Demand for Arbitration made to CDTIC shall be provided to by

U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: 600 N. Hurstbourne Parkway, Suite 400, Louisville, Kentucky 40222.

Authority of Arbitrator; Delegation Provision. The arbitrator shall have the authority to award any form of remedy or relief that would otherwise be available in court in an individual action, but under no circumstances shall the arbitrator have the authority to award any relief on a class, collective, or representative basis.

Other than the issue of whether an arbitration initiated under this Arbitration Provision can proceed on a class, collective, or representative basis rather than an individual basis (which may only be decided by a court of competent jurisdiction, and not the arbitrator), then you and CDTIC agree that all disputes relating to the applicability, legality, enforceability, revocability, waiver of, or validity of this Arbitration Provision, including, but not limited to, whether any dispute or claim falls within the scope of this Arbitration Provision, and all disputes regarding the timeliness or propriety of the Demand for Arbitration, shall be delegated to and resolved exclusively by the arbitrator, to the fullest extent permissible under law, and not a court.

A judgment upon the final award rendered by the arbitrator may be entered by any court having jurisdiction thereof. However, in any arbitration award issued in an arbitration conducted in accordance with this arbitration provision, the arbitrator shall specify a reasonable time within which the final award shall be satisfied, and neither you nor CDTIC may seek to confirm the award until the time specified for satisfaction has expired. If the final award is satisfied during the specified time, neither you nor CDTIC shall seek to confirm the award.

Paying for the Arbitration. Unless otherwise required by any applicable law, you and CDTIC shall share equally the fees and expenses of the arbitrator, as well as the costs of any facility used in connection with the arbitration. If required by any applicable law, CDTIC shall pay any costs uniquely associated with arbitration and that you would not have to pay if pursuing an action in court.

Confidentiality. You and CDTIC shall maintain as confidential the arbitration proceedings and the arbitration award, including the arbitration hearing and all documents submitted to the arbitrator, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or in connection with seeking from a court any preliminary remedies, enforcement of this Arbitration Provision, or confirmation of an arbitrator’s award, or unless otherwise required by law or judicial decision.

Your Right to Opt Out of the Arbitration Provision. If you do not want to be subject to this Arbitration Provision, you may opt out from the Arbitration Provision by notifying CDTIC in writing within thirty (30) days of the date you first accept these Terms and Conditions by either (1) sending an email to Player.services@dkhorse.com stating your full name and decision to opt out of the Arbitration Provision, or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: 600 N. Hurstbourne Parkway, Suite 400, Louisville, Kentucky 40222 Attention: Legal Department.

In order to be effective, the letter under option (2) must clearly indicate your decision to opt out of this Arbitration Provision and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within thirty (30) days of the date you first accept these Terms and Conditions.

Should you not opt out of this Arbitration Provision in accordance with the procedures outlined above, you and CDTIC will be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision.

Severability of Arbitration Provision. Severability of this Arbitration Provision shall be governed as follows: if any portion of this Arbitration Provision is determined by a court to be void, unenforceable, illegal, unconscionable, or invalid for any reason, then that portion shall be modified and/or deleted to the extent necessary to allow enforcement of the remainder of this Arbitration Provision. If any portion of the waiver of class, collective, and/or representative actions contained in this Arbitration Provision is adjudged to be void, unenforceable, illegal, unconscionable, or invalid for any reason, then any resulting class, collective, and/or representative actions must be heard and determined by a court of competent jurisdiction, and not in arbitration.

Governing Law for Arbitration Provision. This Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., notwithstanding any state or foreign law or rule, and irrespective of any choice of law provision. This Arbitration Provision will survive any expiration or termination of these Terms and Conditions.

Prior Arbitration Agreements. This Arbitration Provision supersedes any previous arbitration agreement between you and CDTIC relating to DK HORSE, and any such prior agreement is hereby null and void.

STATUTE OF LIMITATIONS

You and CDTIC agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, to these Terms and Conditions, and/or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

SEVERABILITY

If any part of these Terms and Conditions is determined by a court to be inapplicable or invalid, such term shall be excluded to the extent of such invalidity or unenforceability; the remainder shall be given full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

PLAYER SERVICES, INFORMATION & HELP

Any questions or requests regarding player services, account settlements or issues, wagering disagreements, general information, etc. should be directed to player.services@dkhorse.com. Please note: all player services inquiries will be monitored and recorded for player protection. By virtue of opening an account, the individual is consenting to the recording and the use of an identity verification agency.

ACCOUNT SAFETY, SECURITY AND PLAYER RESPONSIBILITIES

DK HORSE accounts are for the personal use of the DK HORSE account holder and may not be transferred to another person. The DK HORSE account holder is responsible for maintaining the secrecy of their account number and secure personal identification number. Except where DK HORSE and/or CDTIC or their employees or agents act without good faith or fail to exercise ordinary care, DK HORSE and CDTIC are not responsible for any loss arising from the use by any other person or persons of an account holder's DK HORSE account. The account holder must immediately notify CDTIC of a breach of the DK HORSE account's security.

You can help minimize account problems or issues by:

Always keeping your account number in a safe, reliable place that is easily accessible to only you;

Memorizing your password and personal identification number and keeping a back-up in a safe and secure place;

NEVER leaving any computer logged on to your DK HORSE account for any reason (always sign out when leaving your computer unattended for any amount of time); and
Contacting CDTIC immediately with any security or personal account issues either by email at player.services@dkhorse.com or Chat

THEFT AND FRAUDULENT ACTIVITY

DK HORSE and/or CDTIC may report any activities that each, respectively, reasonably believes constitute theft or fraud to the appropriate law enforcement authorities and may prosecute such activities to the fullest extent of the law. TwinSpires reserves all rights to suspend and/or close accounts suspected of fraud, and additionally to suspend accounts determined in TwinSpires sole discretion to be linked and/or associated with accounts suspected of fraud. To the extent permitted by law, DK HORSE and/or CDTIC may retain the proceeds resulting from such theft or fraudulent activity and, among other things, use those funds to pay for damages and losses resulting from such theft or fraudulent activity.

LINKING TO THIRD PARTY WEBSITES

www.DKHorse.com and/or the Services may contain links to third-party websites. Neither DK HORSE nor Churchill Downs Incorporated is responsible for outside (third party) sites' privacy and security measures, policies, and guidelines. When clicking through to an outside (third party) site from www.DKHorse.com, or the Services please be sure you understand each third-party site's own privacy and security guidelines.

COMPLIMENTARY PAST PERFORMANCE (“FREE WITH BET”) PRODUCTS

We offer certain of our Past Performance products as complimentary for players who complete a wager on the racetrack and date to which the product applies. When you access any “Complimentary Past Performance” product and place a wager on the applicable racetrack to which the product applies on the racing date to which the product applies, the product is free. By downloading a “Complimentary Past Performance” product, you acknowledge that the listed price of the applicable “Complimentary Past Performance” product will be deducted from your account balance if you do not complete a wager on a race at the specific date and racetrack to which the “Complimentary Past Performance” product applies, and you will not receive a refund.

If, on a previous day, you accessed a “Complimentary Past Performance” product but did NOT complete a wager on the applicable track / date and we were unable to successfully debit the product price from your wagering account after the day-end close of wagering (e.g. insufficient funds were available in your account at this time), then we will apply an upfront debit payment (from your wagering account) when you access a “Complimentary Past Performance” product next time. And, if / when you wager on the applicable track / date time, we will then issue a refund of the product price to your wagering account, generally after the day-end close of wagering.

Please note that if you purchase a past performance or other product with a credit card, no refunds are provided. All credit card purchases are final.

Once a “Complimentary Past Performance” product is downloaded, any applicable debits/credits to your wagering account are normally applied within 24 hours of the relevant wagering pools being opened.

USE OF EQUIBASE DATA AND PRODUCTS

The data used to create the Equibase Products and the TrackMaster® Products are proprietary to and are copyrighted by Equibase Company LLC and Axcis Information Network, Inc. respectively. 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 the terms and conditions of this section.

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

The Equibase and TrackMaster® 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 or TrackMaster® Products on a permanent or temporary basis except as expressly provided for herein.

If you breach any of the terms and conditions of this section, Equibase and/or CDTIC, in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the Equibase and TrackMaster® Products.

Your purchase of the Equibase and TrackMaster® Products indicates your acceptance of the terms and conditions of this section.

LIVE VIDEO & RACE REPLAYS

Using the latest in streaming video technology, the Services offer live video streaming and race replays to follow your favorite tracks online. You can view all of the live racetrack video feeds available through the Services and watch the action unfold right on your computer screen. Race video is for wagering customers only. CDTIC reserves all rights to suspend and/or close accounts or take any other necessary action pertaining to customer accounts deemed, in CDTIC’s sole discretion, to have engaged in abuse of access to race video.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DK HORSE and its parents, subsidiaries, and affiliates; CDTIC and its parents and affiliates; and the suppliers, contractors, officers, directors, employees, agents, successors and assigns of each of the foregoing entities from and against all claims, losses, damages, liabilities, and costs (including but not limited to attorneys' fees and court costs), arising from or relating to your breach of these Terms and Conditions or use of the Services. This indemnification shall survive the termination of your DK HORSE account.

WAGER RESPONSIBLY

Be Smart - Bet Smart - Wager Responsibly

For many people, betting on the horses is exciting and entertaining. Most people make thoughtful decisions about spending time and money. Here are some tips to follow to help wager responsibly:

Balance playing the horses with other leisure activities
Play the horses for entertainment, not as a way to make money.
Do not "chase" losses. Accept them as the cost of entertainment.
Use extra income to wager, not money needed for everyday expenses.
Set a dollar limit and stick with it.
Set a time limit.

Most people practice responsible wagering. For some, however, wagering or gambling becomes a serious problem that they are unable to control. This can lead to problem gambling. People who have gambling problems have a difficult time controlling or stopping their gambling, regardless of the harm it may cause to themselves, their jobs, families, or anything else. Here are some questions to think about if you feel your gambling has gotten out of control:

How can you tell if you or someone you know has a gambling problem?

Have you often found yourself thinking about gambling (e.g., reliving past gambling experiences, planning the next time you will play or thinking of ways to get money to gamble)?
Have you needed to gamble with more and more money to get the amount of excitement you are looking for?
Have you become restless or irritable when trying to cut down or stop gambling?
Have you gambled to escape from problems or when you are feeling depressed, anxious or bad about yourself?
After losing money gambling, have you returned another day in order to get even?
Have you lied to your family or others to hide the extent of your gambling?
Have you made repeated unsuccessful attempts to control, cut back or stop gambling?
Have you risked or lost a significant relationship, job, educational or career opportunity because of gambling?
Have you sought help from others to provide the money to relieve a desperate financial situation caused by gambling?

If you or someone you know answered yes to any of these questions, you can find resources for help by calling or texting

1 -800-GAMBLER (1-800-426-2537)

Help is available 24 hours a day.... every day

www.gamblersanonymous.org

https://www.ncpgambling.org/help-treatment/

LEGAL NOTICES

By accessing and browsing the website or using the Services, you accept, without limitation or qualification (subject to the right to opt out of the Arbitration Provision, described above), these Terms and Conditions and acknowledge that any other agreements between you and CDTIC or you and DK HORSE regarding the subject matter hereof are superseded and of no force or effect.

Use of documents from this website is for informational and non-commercial or personal use only and may not be copied or posted on any network computer or broadcast in any media, and modifications of any documents may not be made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. No logo, graphic, sound, or image from the website may be copied or retransmitted unless expressly permitted by DK HORSE and CDTIC.

Images of people or places displayed on the www.DKHorse.com website, through the Services, or in related materials such as advertising or other printed materials, are either property of, or used with permission by DK HORSE and/or CDTIC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions, specific permission is provided elsewhere on the www.DKHorse.com website, or specific written permission is granted by DK HORSE and/or CDTIC, as applicable. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

DK HORSE AND CDTIC MAKE NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, CONTINUITY, APPROPRIATENESS, AND SUITABILITY FOR ANY PURPOSE, OF THE SERVICES OR ANY INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE OR THROUGH THE SERVICES. ALL SUCH DOCUMENTS AND RELATED GRAPHICS AS WELL AS THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL DK HORSE AND/OR CDTIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE, OR LOSS OF USE, OF THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SERVICE, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE OR THE SERVICES.

The documents published on this Website or through the Services may include inaccuracies or typographical errors and may be provided by third parties. While the information contained herein is believed to be accurate, DK HORSE and CDTIC will not be responsible for any errors or omissions. DK HORSE and CDTIC make no commitment to update any of the information contained on the Website and/or the Services.

Data provided or compiled by Equibase Company LLC generally are accurate, but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing, and other causes. Bloodstock Research Information Services Inc., BrisBET Inc., and Equibase Company LLC disclaim responsibility for the consequences, if any, of such errors, but would appreciate having any such errors called to their attention.

Any data, questions, comments, or suggestions for features or services you transmit or post may be used by DK HORSE and/or CDTIC, without any further permissions from you and without any compensation to you, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and product enhancement.

CDTIC has published its privacy policies elsewhere on the CDTIC website, which govern the handling of your personal information.

The Website and Services may provide links, which will let you leave the website. These linked sites are not under the control of DK HORSE or CDTIC, and DK HORSE and CDTIC are not responsible for the contents of, or any changes or updates to such websites. DK HORSE and CDTIC are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of such sites by DK HORSE and/or CDTIC.

DK HORSE and CDTIC shall not be liable to you for failure to provide Services in the event any equipment, service or transmission cannot be provided by DK HORSE, CDTIC, or their contractors, due to an act of God, fire, epidemic, casualty, act or decision of a governmental authority, injunction, technical difficulties, failure of communications or electrical or telephone transmission lines or facilities, or any similar or dissimilar cause beyond the control of DK HORSE, CDTIC, their contractors, representatives, or agents.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the information contained herein, on the Website, and/or through the Services. Data provided by third parties in conjunction with the Website and/or Services may be subject to separate copyright restrictions, which also must be honored by you.

You agree to defend, indemnify, and hold harmless DK HORSE and CDTIC, each of their affiliates, subsidiaries, parent companies, and the officers, directors, employees, shareholders, agents, successors and assigns of each of the foregoing from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorney's fees) arising out of your use of the Website and/or Services.

As a condition of your use of the Website and/or Services, you warrant to DK HORSE and CDTIC that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website or Services in any manner which could damage, disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website or Services. Any conduct that in CDTIC and/or DK HORSE's discretion restricts or limits any other user's use or enjoyment of the Website or Services will not be tolerated and is sufficient cause for termination of Services without notice. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Website or Services.

DK HORSE and CDTIC shall have the right, but not the obligation, to monitor the content, and your usage of the Website and/or Services, to determine the compliance with these Terms and Conditions and any other operating rules established to satisfy any law, regulation, or authorized government request.

For Minnesota Residents only: Notwithstanding anything to the contrary herein, CDTIC consents to submit to the jurisdiction of Minnesota Courts and the Minnesota Racing Commission in any suit or action relating to access to or use of the Services by Minnesota residents.

CDTIC RESERVES THE RIGHT TO MAKE CHANGES TO THE WEBSITE, THE SERVICES, AND THESE TERMS AND CONDITIONS AT ANY TIME, WHICH CHANGES SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR THROUGH THE SERVICES. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES FOLLOWING THE POSTING OF REVISED TERMS AND CONDITIONS MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THIS WEBSITE SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.

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