Last Revised: August 1, 2023

Desert Diamond Mobile, LLC (“Desert Diamond”) is a Delaware limited liability company and a subordinate economic organization of the Tohono O’odham Nation, a federally recognized Indian tribe. Desert Diamond operates the website playdesertdiamond.com and the Desert Diamond Sports App (the “App”).

Desert Diamond is licensed by the Arizona Department of Gaming (“ADG”) to offer real-money Internet-based and mobile application-based event wager services (the “Gaming Services”) to people 21 years of age or older who are physically present in the State of Arizona (but not on Indian lands). Desert Diamond offers the Gaming Services in accordance with Arizona’s event wagering statutes (A.R.S. § 5‑1301 et seq.) and the regulations issued by ADG (R19-4-101 et seq.). These Terms of Service refer to the website and the App collectively as the “Site” and to the Site and the Gaming Services collectively as the “Services.”

Desert Diamond operates the Gaming Services using the technologies of its contractors Strive Platform Ltd. and Sports Information Services Limited, a subsidiary of Kambi Group PLC, each of which is licensed and regulated by ADG.

Your use of the Services is subject to all applicable state and federal laws and regulations.

1. The Agreement Governing Your Use of the Services

You may only use the Services if you agree to be bound by, and to comply with: these Terms of Service (the “Terms”); Desert Diamond’s Privacy Policy (the terms of which are incorporated herein by this reference) (the “Privacy Policy”); and Desert Diamond’s House Rules applicable to the type of Gaming Services you use, Desert Diamond’s Responsible Gaming Policy, and any other terms of use applicable to the Gaming Services (collectively, the “Rules”). By using the Gaming Services, you agree to be bound by, and to comply with, the Terms, the Privacy Policy, and the Rules, including any modifications to them.

Please read the Terms, the Privacy Policy, and the Rules carefully before using the Gaming Services, as they set forth your rights and obligations when you use the Services. If you do not agree to be bound by and to comply with the Terms, the Privacy Policy, and the Rules, you are not authorized to access or use the Services.

You agree to be bound by the Terms, the Privacy Policy, and the Rules in their entirety, and to comply with their requirements: 1) when you create an account with Desert Diamond; 2) each time you click a box indicating you have read and agree to the Terms, the Privacy Policy, and the Rules; and 3) each time you use the Services. As such, the Terms, the Privacy Policy, and the Rules constitute a binding legal agreement between you and Desert Diamond and will govern your use of the Services at all times. If you need any advice regarding the Terms, the Privacy Policy, or the Rules, please consult a legal adviser to assist you.

Desert Diamond may add to, delete from, revise, or otherwise modify all or part of the Terms, the Privacy Policy, and the Rules at any time. If we do, we will post the change(s) on the Site. If we change the Terms, the Privacy Policy, or the Rules in a material way, we will notify you in advance that we are doing so. You can review the most current version of the Terms, the Privacy Policy, and the Rules at any time, either on the App or at www.playdesertdiamond.com/terms. Your continued use of the Services after any changes means you have accepted and agreed to those changes.

If there are any conflicts between the Terms and any Rules, the Terms will take precedence (unless the Rules expressly provide otherwise). If there are any conflicts between the Terms and the Privacy Policy, the Privacy Policy will take precedence.

2. Responsible Gambling

Desert Diamond encourages you to play responsibly. You have the right to set responsible gaming limits and to self-suspend or self-exclude from the Gaming Services, as detailed in the Responsible Gambling Policy.

If you, or someone you know, has a gambling problem and wants help, please call the Arizona Division of Problem Gambling at 1-800-NEXT-STEP or text NEXTSTEP to 53342. You also can find resources for those seeking help with a gambling problem at:

● Arizona Division of Problem Gambling: https://problemgambling.az.gov

● National Council on Problem Gambling. https://www.ncpgambling.org

● Gamblers Anonymous. http://www.gamblersanonymous.org/ga/

You may set responsible gaming limits for yourself through the Site (including deposit limits, wager limits, session limits, and loss limits) and also may self-suspend your account for a period of one (1) year or (5) five years, all in accordance with Desert Diamond’s Responsible Gaming Policy.

You also may self-exclude yourself from all event wagering in Arizona, including Desert Diamond, by placing yourself on ADG’s self-exclusion list for one (1) year, five (5) years, or ten (10) years. If you place yourself on ADG’s self-exclusion list, you will be prohibited, at a minimum, from accessing any mobile event wagering or fantasy sports platforms in Arizona as well as any retail sports books in Arizona. If you wish to self-exclude with ADG, you may obtain the paperwork to do so here. If you self-exclude with ADG, Desert Diamond is required by law to terminate your account, to remove you from all its mailing lists, and report you to ADG if you somehow evade Desert Diamond’s blocks on your access to the Gaming Services. If you self-exclude, Desert Diamond will refund any unrestricted cash balance in your account within seven (7) days of terminating your account.

Any changes to your responsible gaming limits, self-suspension settings, or self-exclusion settings must comply with Arizona’s event wagering statutes (A.R.S. § 5-1301 et seq.), the regulations issued by ADG (R19-4-101 et seq., the Terms, and the Rules.

If you somehow evade Desert Diamond’s blocks on your access to the Gaming Services during a period of self-suspension or self-exclusion, you will forfeit any winnings to which you otherwise would be entitled. If you choose to self-exclude with any wagers pending, your wager(s) will be cancelled, and your funds returned via the deposit method originally used within seven (7) days of terminating your account.

If you seek to evade Desert Diamond’s blocks on your access to the Gaming Services during a period of self-suspension or self-exclusion by opening or attempting to open a second account, or by using or attempting to use the account of another, Desert Diamond may permanently block you from using the Gaming Services, forfeit any winnings, and take any other actions set forth in Paragraph 4 below.

During a period of self-suspension or self-exclusion, Desert Diamond will refrain from sending new marketing messages or incentive offers, but you may receive materials that have already been dispatched.

3. Desert Diamond’s Provision of the Gaming Services

Desert Diamond offers the Gaming Services only to people eligible to place event wagers under Arizona law—people 21 years of age or older, who are physically present in the State of Arizona (but not on Indian lands) and who are capable of entering into legally binding contracts. If you are not 21 years of age or older, you may not use the Services. Do not attempt to use the Gaming Services if you are not eligible to do so, as that will violate the Terms and also likely will be a criminal offense under state and federal law.

Subject only to any requirements of Arizona’s event wagering statutes, ADG’s regulations, and any directives from ADG, Desert Diamond reserves the right to:

● Suspend, remove, modify, or add to the playdesertdiamond.com website, the App, or the Gaming Services, at any time, and without prior notice, in its sole and absolute discretion;

● Restrict, deny, or terminate access to the Services, and suspend or terminate an account, at any time and without prior notice, in its sole and absolute discretion, whether as to you alone or as to any or all patrons; and

● Refuse, block, or remove any content submitted, or attempted to be submitted, to the Site.

Desert Diamond will not be liable for any loss you may suffer from any such actions, and you will have no claims and/or waive any such claims against Desert Diamond on account of any such actions.

4. Your Account

To use the Gaming Services, you first must establish an account with Desert Diamond on the Site. You may have only one account (and just one username) with Desert Diamond, which you must open using your own legal name. You may not open an account under the name of another person, even if you have their permission to do so. You must provide complete, current, and accurate information when establishing your account. You may use your account only for your own personal use and not for any business, commercial, or professional purpose.

You may access the Site and use the Gaming Services only through your own personal account. You may not access the Site or use the Gaming Services through an account registered in another person’s name.

Desert Diamond may refuse to open an account, block access to any account without notice, terminate any account without notice, block your access and the access of any other persons associated with any account to all or any portion of the Services without notice, or terminate, withhold, or revoke the award of any winnings or prizes, whether temporarily or permanently, if:

● You provide any information that is incomplete, out of date, inaccurate, or misleading when opening or modifying an account (or if Desert Diamond has reason to suspect that any information you provide is incomplete, out of date, inaccurate, or misleading);

● You attempt to or do open more than one account, whether using your own legal name, a variant of your legal name, or under any other name;

● You access the Site or use the Gaming Services using an account registered in another person’s name;

● You allow any other person to access the Site or use the Gaming Services through your account;

● You attempt to conceal, disguise, or spoof your location or conceal, disguise, or spoof the internet protocol address (“IP address”) or the media access control address (“MAC address”) of the mobile device or computer you use to access the Services; or

● You otherwise fail to comply with the Terms of Service.

Desert Diamond also may notify ADG or other law enforcement agencies.

5. Account Verification

To open and maintain an account with Desert Diamond, you will be required provide Desert Diamond with information about yourself, including, but not limited to, your name, the physical address where you reside, your date of birth and age, your social security number, your payment method(s), and your identification (such as driver’s license or passport).

Desert Diamond will require you to verify such information, by submitting copies of relevant documents, including, for example, a copy of your driver’s license or passport, whether when you open your account, when you modify your account, or in the course of using your account or the Services. You agree Desert Diamond has the right to verify any information you provide, including by confirming the accuracy of the information you submit against government-issued identification and through the services of third-party vendors and service providers (“Contractors”).

If any documents you provide to Desert Diamond to open an account or as a condition of having the right to continue to use the Services fail our internal security checks (e.g., if we suspect the documents have been altered), Desert Diamond may reject the documents and will have no obligation to explain why it has done so. If you fail to provide any documentation requested by Desert Diamond, Desert Diamond may refuse to open an account or may suspend or terminate your account. If appropriate, Desert Diamond may void any wins or bonuses or withhold any funds on deposit in your account; otherwise, Desert Diamond will refund any funds on deposit in your account within seven (7) business days of terminating the account.

You expressly consent to Desert Diamond, and its Contractors, performing background checks on you for any reason, including, but not limited to, to investigate your identity, to inquire into your personal history, to perform a credit check, to evaluate your eligibility to use the Gaming Services or to place specific wagers, or to investigate suspicious activities. Desert Diamond will not be obligated to advise you if it undertakes any such investigation. Desert Diamond may decide, in its sole discretion, to suspend or terminate your account on the basis of such an investigation and, if appropriate, to withhold any funds on deposit in your account and/or to void any wins or bonuses.

You also agree Desert Diamond has the right to verify you (a) are not self-suspended with Desert Diamond or its affiliates or self-excluded with the Arizona Department of Gaming or under any program offered by a governmental agency and (b) are not a person barred from the Services by ADG.

Desert Diamond will take commercially reasonable steps to protect your personal information and will not disclose such information to third parties except as set forth in the Privacy Policy. You should read the Privacy Policy to confirm that you agree with Desert Diamond’s policies on how it will handle your personal information.

6. Your Password

When opening an account, you will be required to select a password to secure your account. Desert Diamond will impose minimum requirements for passwords, but recommends: (a) that you select a secure password exceeding the minimum requirements to reduce the possibility of unauthorized access to your account; (b) that your password be unique to your Desert Diamond account (i.e. don’t use the same password you use for other accounts); and (c) that you use a password management program to generate a secure, unique password for your account and to store your passwords.

You are responsible for selecting a secure password, securing your password, and logging out of your account at the end of each session. You agree not to share your username and password with any person (including a relative) and to take reasonable steps to ensure that no other person learns your username and password. You will be fully responsible for all transactions on the Site made using your username and password, whether you authorize them or not. Desert Diamond will not be responsible for any third-party access to your account, nor for any losses you incur, if an unauthorized person obtains access to your account, whether because you failed to protect your username and password, you selected a weak or recycled password, or otherwise.

You must notify Desert Diamond immediately if you suspect any unauthorized access to or use of your account or any breaches of security, such as another person obtaining access to your password. You agree to cooperate with Desert Diamond if it investigates any unauthorized access to or use of your account or any breaches of security.

7. Geolocation

You may use the Gaming Services (i.e. place wagers) only while you are physically located in the State of Arizona and not on Indian Lands. To use the Gaming Services, you must allow us to verify your physical location at the time of play. If, for any reason, we are not able to confirm your location, you will not be permitted to use the Gaming Services until we can confirm your location. Desert Diamond will not be liable for your inability to access or use the Gaming Services if we cannot confirm your location or if you are not in a location where you may place a wager. If you violate the Terms when placing any wagers, including by placing wagers while outside of Arizona or while on Indian Lands within Arizona, we will have the right to declare your wagers null and void, including forfeiting any wins or bonuses associated with such wagers.

Desert Diamond will determine your location when you access the Site (including, but not limited to, when you open the App or access www.playdesertdiamond.com with a web browser), at regular intervals while you use the Site, and when you place a wager. Desert Diamond, its affiliates, and its Contractors will use your location data to determine your eligibility to use the Gaming Services, to deliver relevant content to you based on your location, and to deliver location-based services. You agree to Desert Diamond and its Contractors collecting, transmitting, processing, using, and maintaining your location data in order to verify your location and to provide and improve location-based services. You also agree Desert Diamond may share your location data with ADG.

If you access the Site using the App, we may confirm the location of your mobile device using, among other things, GPS coordinates, the location of the cellular tower your device is using, the location of nearby Wi-Fi access points, by IP address, by the location of nearby Bluetooth devices, or some combination thereof. If you access the Site using a web browser, we may confirm the location of your computer by, among other things, IP address, the location of nearby Wi-Fi access points, by the location of nearby Bluetooth devices, or some combination thereof. At any time, you can discontinue sharing location information with us by disabling location sharing in your browser or for the App in your device settings or by discontinuing your use of the Services. If you discontinue sharing the information Desert Diamond needs to determine your exact location, you will not be able to use the Gaming Services.

You agree you will not attempt to use the Gaming Services while outside of Arizona or while on Indian Lands within Arizona. You also agree not to attempt to conceal, disguise, or spoof your location while using the Services, for any reason, even if you are physically located in the State of Arizona and not on Indian Lands. Desert Diamond may permanently block you from using the Gaming Services, forfeit any winnings, and take any other actions set forth in Paragraph 4 above if you attempt to conceal, disguise, or spoof your location while using the Services. You may access the Site and your account while you are outside of Arizona or while on Indian Lands within Arizona (unless you are in a location where it might be unlawful to do so), even though you cannot use the Gaming Services at that time.

8. Prohibited Persons or Wagers

All people on ADG’s list of persons barred from Desert Diamond’s event wagering platform because their conduct, criminal history, or association with career offenders or career offender organizations pose a threat to the integrity of event wagering or to the public health, safety, or welfare are prohibited from using the Services.

The following people also are prohibited from using the Gaming Services: (a) any person whose participation may undermine the integrity of the wagering, the sports event, or any other event; (b) any person who is prohibited from placing a wager as an agent or proxy or because of self-suspension or self-exclusion; (c) any person who is an athlete, coach, referee, player, trainer, or personnel of a sports organization in any sports event or other event overseen by that person’s sports organization who, based on information that is not publicly available, has the ability to determine or to unlawfully influence the outcome of a wager; (d) a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including coaches, managers, handlers, and athletic trainers, such that their actions can affect the outcome of a wager; and (e) a person with access to exclusive information on any sports event or other event overseen by that person’s sports governing body that is not publicly available information or any person identified by any lists provided by the sports governing body to ADG.

Employees, consultants, directors, officers, and agents of Desert Diamond and its affiliates may only use the Services if permitted by the policies and procedures of Desert Diamond and its affiliates and by applicable law.

9. Financial Transactions

Desert Diamond does not extend credit to any patron for any reason. Before using the Gaming Services, you must deposit funds to your account. All deposits into your account must be from a single payment source, such as a credit card, debit card, or ACH/e-check, although you may change the payment source from time to time. You must be a named account holder for that payment source. All withdrawals from your account will be returned to the same payment source(s). You may not transfer any funds to any other person or account holder. Funds on deposit in your account will not earn any interest.

Desert Diamond may, from time to time, ask you to provide documents to verify the payment source you use to deposit money to your account or to verify requested financial transactions. In some cases, Desert Diamond may require you to provide notarized copies of documents before accepting a deposit or conducting a financial transaction. If you fail to verify a payment source or a requested financial transaction to Desert Diamond’s satisfaction, Desert Diamond may block additional deposits from that payment source or refuse to complete a transaction.

You must promptly update your account on the Site if any information you provided to Desert Diamond changes (such as a change of an account number or a billing address). You represent that all payment information you provide to Desert Diamond, either during the account creation process or at any time thereafter, including information provided during a deposit transaction, will be true, current, correct, and complete and that your name is listed as an account holder on the payment source account.

Desert Diamond will offer the services of third-party electronic payment processors or financial institutions to process your payments in connection with the Gaming Services. If you use one of those payment processors or financial institutions, you agree to be bound by their terms and conditions, to the extent they do not conflict with these Terms.

You agree: (a) not to make, or attempt to make, any chargebacks or to reverse any payment you make to Desert Diamond; (b) to reimburse Desert Diamond for all fees, costs, or penalties it incurs because of any chargebacks or reversals of payment you cause; and (c) to reimburse Desert Diamond for any losses it suffers as a consequence of any chargebacks or reversals of payment you cause. If you cause any chargebacks or reversals of payment, Desert Diamond may, in its sole discretion, suspend or terminate your account, block your access to the Gaming Services, and/or reverse any payouts made and recover any winnings.

If Desert Diamond suspects any fraudulent activity in connection with your account (including, but not limited to, the use of a payment source on which you are not an account holder or the use of fraudulent or stolen credit cards or other payment sources), Desert Diamond may, in its sole discretion, suspend or terminate your account, block your access to the Gaming Services, and/or reverse any payouts made and recover any winnings. Desert Diamond may notify ADG, other law enforcement agencies, credit bureaus, and other entities of any suspected or actual payment fraud or unlawful activity and may employ collection services to recover payments.

10. Code of Conduct

In consideration of Desert Diamond allowing you to access the Site and use the Gaming Services (and assuming you are eligible to do so), you represent and warrant to Desert Diamond and agree that:

● You are 21 years of age or older, of sound mind, and responsible for your own actions.

● You are eligible to use the Gaming Services and your use of the Gaming Services will not violate any laws or regulations of any jurisdiction whose laws or regulations apply to you.

● You are not a resident of a country that is subject to embargo by the United States or that the United States has designated as a “terrorist supporting” country, nor on any list of prohibited or restricted parties maintained by the United States.

● You own the accounts associated with any telephone numbers you provide to Desert Diamond or have the express permission of the account holder to provide those numbers to Desert Diamond and to consent to receive communications from Desert Diamond, its affiliates, and its Contractors on those telephone numbers.

● You own the accounts associated with any email address you provide to Desert Diamond or have the express permission of the account holder to provide that email address to Desert Diamond and to consent to receive communications from Desert Diamond, its affiliates, and its Contractors at that email address.

● You will use the Gaming Services only for your own personal use, and not as the agent for any other person, as part of a wagering syndicate, or for commercial or professional purposes.

● You are responsible for obtaining any computer equipment and networking access, and any consents or permissions, you need to access the Site and use the Services and for all associated costs.

● You will not conceal, disguise, or spoof the IP address or MAC address of the mobile device or computer you use to access the Services or otherwise take actions that interfere with us correctly identifying the IP address associated the physical location from which your mobile device or computer accesses the Internet or the MAC address of your mobile device or computer.

● You will not attempt to conceal, disguise, or spoof your location while using the Services.

● You agree to Desert Diamond monitoring and recording your geographic location information and your wagering communications at all times and sharing that information with ADG when it deems appropriate.

● You accept and agree to comply with the Terms and the Rules applicable to any wagers you place on the Site, as well as the rules and terms for any promotions or loyalty programs in which you participate.

● You know the Gaming Services involve gambling, that you may lose money by gambling using the Gaming Services, and that you will be responsible for any losses incurred from wagers placed through your account and represent that you are able to bear any losses from your wagers.

● You will understand the methods, rules, and procedures of the Gaming Services before you use them.

● You will place all your wagers manually through the www.playdesertdiamond.com website using a standard web browser or through the App and will not wager through other means, including any automated mechanism or means (e.g., bots or artificial intelligence (A.I.) engines).

● You are responsible for ensuring the details of your wagers are correct before submitting them and to ensure that the outcomes of your wagers are accurately reflected in your account. You will promptly notify Desert Diamond if you discover any errors in your account or in the outcomes of your wagers.

● You will promptly repay to Desert Diamond any winnings or other sums credited to your account in error and agree that Desert Diamond may, in its discretion, deduct from your account any sums erroneously deposited to your account or set off such amounts against any sums owed to you by Desert Diamond, subject to any limitations imposed by Arizona’s event wagering statutes, ADG’s regulations, or any directives from ADG.

● You understand that Desert Diamond may limit your ability to place wagers or may reject any wagers for any reason at any time and without notice.

● Desert Diamond will report your winnings (e.g., filing forms W-2G, 1099, or 1042-S) and withhold taxes from your winnings as required by law, but you are responsible for accounting for, reporting, and paying any taxes, duties, or fees you owe to any governmental or taxation authority from your use of the Gaming Services. You will provide to Desert Diamond any information it reasonably requests to comply with its obligations to report your winnings to tax authorities and to withhold any taxes from your winnings as required by law.

● You will not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site, your use of the Site, your access to the Site, or any information on the Site.

● You will ensure that your use of the Services will comply at all times with all applicable federal and state laws, statutes, and regulations.

● You will not deposit to your account any funds associated with unlawful activities nor seek to use the Services as a money transfer system.

● You will not use an alias or nickname on the Site that is offensive, defamatory, obscene, or pornographic, that infringes on the intellectual property rights of any person or entity, or that impersonates another person or brand.

11. Prohibited Activities and Uses

You may not:

● Use the Services in violation of the Terms or the House Rules;

● Use the Services to engage in unlawful activity, fraudulent activity, or prohibited transactions (including money laundering), whether prescribed under the laws or regulations of the United States, under the laws or regulations of the State of Arizona (including ADG’s regulations), or under any applicable laws or regulations from any other jurisdiction;

● Seek to circumvent the security measures of Desert Diamond, its affiliates, or any of Contractors in connection with your use of the Services;

● Place any wagers on behalf of, or as the agent of, any other person or entity;

● Coordinate your wagers with other persons or entities such that your wagers collectively are placed in a coordinated or systematic manner; and/or

● Use any automated tools or artificial intelligence (A.I.) software in connection with your use of the Gaming Services, including any program designed to automatically place wagers.

If Desert Diamond has reason to suspect that you have or may have engaged in any of these prohibited activities, Desert Diamond may, in its sole discretion, but subject to the requirements of Arizona’s event wagering statutes, ADG’s regulations, and ADG’s directives, do one or more of the following (with respect to you and anyone else suspected of being involved):

● Suspend or terminate your account;

● Block you from accessing all or part of the Gaming Services;

● Freeze or forfeit any funds in your account;

● Declare your wagers null and void, reverse any pay-outs previously made, forfeit any or all wins or bonuses, and/or recover any winnings; and/or

● Notify ADG, other law enforcement agencies, credit bureaus, and other entities.

12. Errors

You must notify Desert Diamond as soon as you become aware there may have been an error with respect to your account or with respect to any calculations regarding, or the outcome of, any wager. If a system failure, game error (a divergence from the normal functioning of the game logic for whatever reason), or other problem causes an error in any odds calculation, charges, fees, bonuses, or payout, or any currency conversion (collectively, an “Error”), Desert Diamond will seek to place all parties directly affected by the Error in the position they were in before the Error occurred and may declare null and void any transactions or wagers that were the subject of the Error. Malfunctions void all plays and payouts. If Desert Diamond, in its sole discretion, determines that you used, or attempted to use an Error, to gain an unfair advantage, Desert Diamond make take any or all of the actions set forth in Section 11 - Prohibited Activities and Uses.

If the terms of a wager or the outcome of a wager as shown on your mobile device or computer conflict with the terms or outcome shown on Desert Diamond’s servers, the terms or outcome shown on the servers always will take precedence.

13. Loss of Connection to Gaming Service

If your mobile device or computer loses its connection with Desert Diamond’s servers during the course of a wagering transaction or game play, your mobile device or computer may be able to return to its prior state once it reconnects, but any pending transactions also might be lost. If your mobile device or computer loses its connection with Desert Diamond’s servers after a wager is placed, but before the final outcome is determined, the wager will proceed to the final outcome as determined by the House Rules despite the loss of connection. The wager will show in your transaction history, and you will be able to see the wager and/or its outcome after you reconnect. The loss of connection will not entitle you to a refund or credit. If your mobile device or computer loses its connection with Desert Diamond’s servers in the course of placing a wager, at a time when further input is required from you to complete the wager, the transaction either will be suspended in an incomplete status until you reconnect and complete the transaction or will be lost and need to be re-entered. In either case, the wager will not proceed to a final outcome without further action by you, and you will have no claim against Desert Diamond based on the failure to complete the wager because of the disconnection.

14. Promotions

From time to time, Desert Diamond may offer bonuses, promotions, credits, vouchers, discounts, packages, contests, surveys, or other special offers (“Promotion(s)”). Each Promotion will be governed by the terms and conditions specific to the Promotion, Desert Diamond’s Promotions Terms & Conditions that are applicable to all Promotions, as well as these Terms and any applicable Rules. You should read and be familiar with both the terms and conditions specific to any Promotion in which you intend to participate and Desert Diamond’s Promotions Terms & Conditions.

Desert Diamond reserves the right, at any time to change, withdraw or cancel any Promotion. Desert Diamond also reserves the right, at any time, to change the terms of any Promotion, including, but not limited to, play-through requirements, minimum and maximum odds, expiration, and other requirements or restrictions.

For Promotions involving bonus money, bonus cash, or bonus credits (collectively, “Bonus Money”), Bonus Money is a restricted credit and is not cash you may withdraw from your account. You may only earn Bonus Money, and use Bonus Money credited to your account, in accordance with the specific requirements for a Promotion, including, but not limited to:

Making any required deposit to your account;
Using any required bonus code;
Making a qualifying wager satisfying any requirements for the Promotion (such as wagering on a specific sport or game or placing a wager meeting required minimum or maximum odds);
Meeting any “Play Through” or “Bet Through” requirements; and
Using the Bonus Money for new wagers before it expires.

Bonus Money will convert into unrestricted, withdrawable credit (i.e. cash) only a) if you have satisfied all the requirements for the Promotion and b) you use the Bonus Money to place a winning wager.

If you withdraw funds from your account when you have an active wagering bonus based on the deposit of those funds, you will forfeit the active wagering bonus and any unsettled wagers made from the Bonus Money will be voided.

If we determine or suspect that you are abusing or exploiting, or attempting to abuse or exploit, a Promotion, or are acting inappropriately in relation to any Promotion (including, but not limited to, by opening or attempting to open multiple accounts, by closing and reopening accounts, by placing a wager as an agent or proxy, by placing a wager through an account registered in another person’s name, by engaging in coordinated betting, or by hiding or disguising the IP address or MAC address of the mobile device or computer you use to access the Services), Desert Diamond may, in its sole discretion, suspend or terminate your account, block your access to the Gaming Services, deny, withhold, or withdraw any bonus or promotion, forfeit any Bonus Money, and/or reverse any payouts made and recover any winnings.

15. Content

Desert Diamond reserves the right to make corrections, changes, or improvements to the content on the Services. The information on the Services may contain inaccuracies or typographical errors, including, but not limited to, inaccuracies relating to whether a Promotion is applicable to your transaction. Desert Diamond will not be obligated to honor transactions affected by such inaccuracies or errors. At times you will be able to access from the Site data such as game times, scores, statistics, results, and other information relating to games, matches, or events, including, without limitation, “live” scores, statistics, and times displayed as part of a live-streamed event or scoreboard. Although some of that information may come from “official” sources, Desert Diamond provides that information for informational and entertainment purposes only. Desert Diamond, its affiliates, and its Contractors do not warrant the accuracy, completeness, usefulness, or availability of that information and will not be responsible for any errors, omissions, or other problems with that information. If the accuracy, completeness, or availability of that information is important to you, you should independently verify or source all such information.

Although Desert Diamond hopes you will find the information and material on the Site informative, Desert Diamond makes no representations or warranties, express or implied, with respect to the information provided on the Site, including any representations or warranties as to accuracy or completeness. You should verify the accuracy, completeness, and usefulness of all information provided through the Site, including information in your account, your transaction history, and the outcomes of your wagers. If you wish to review your transaction history and your wagers, you can access that information by reviewing your account statement on the Site.

16. Dormant Accounts

If you no longer wish to have an account with Desert Diamond, you may close your account by contacting Desert Diamond’s Support Team at support@playdesertdiamond.com. If you have not logged into your account for an extended time, so that your account is at risk of closure due to inactivity, Desert Diamond will endeavor to give you notice by email of the impending closure of your account.

If you have not logged into your account for at least three (3) years, Desert Diamond is required by law to treat your account as dormant and to close your account. If you have any wagers pending if your account is closed due to inactivity, those wagers will be forfeited. If you have any funds on deposit in your account when it is closed, Desert Diamond will make reasonable efforts to contact you to return those funds, including sending you a written notice about the funds as required by A.R.S. § 44-307(E). If Desert Diamond does not succeed in contacting you within one hundred and twenty (120) days of closing your account, Desert Diamond is required by law to treat any funds in your account as abandoned property and must remit those funds as abandoned property to the Arizona Department of Revenue as required by A.R.S. § 44-307.

17. Marketing and Communications

By agreeing to the Terms and using the Services, you expressly agree that Desert Diamond, its affiliates, and its Contractors may use the email address and telephone number you provide to send emails, text messages, and push notifications, or to call you, to market or advertise Desert Diamond or its affiliates or to contact you about your account. Your consent to receive promotional emails, messages, and calls is not required to use the Site and you may limit or revoke your consent at any time by changing your communication preferences in your account or by contacting Desert Diamond’s Support Team at support@playdesertdiamond.com. Desert Diamond is not responsible for any telecommunications fees you incur from any emails, messages, or calls or from your use of the Services.

18. Third-Party Websites

The Site may include materials from and links to websites operated by parties other than Desert Diamond. Desert Diamond provides such information for general informational purposes only and does not endorse or approve the information on those sites, the entities sponsoring those sites, or those entities’ products or services. As Desert Diamond has no control over these third-party websites or resources, you agree Desert Diamond will not be responsible or liable for any content, statements, representations, advertising, products, services, or other materials on or available from such sites or resources. You also agree Desert Diamond will not be responsible or liable, directly or indirectly, for, and waive all claims against Desert Diamond arising out of, any damage or loss you may suffer by using or relying on any such content, statements, representations, advertising, products, services, or other materials.

19. Intellectual Property Rights

The information and other content on or presented to you through the Site may be protected by various laws relating to intellectual property, including, but not limited to, copyrights and trademarks. You may not modify, distribute, copy, reproduce, or create derivative works based on the Site, or the information or other content on it, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Desert Diamond holds the copyright to those portions of the Site it owns and reserves all its rights. Desert Diamond’s trademarks, trade names, service marks, logos, and service names are marks that belong to Desert Diamond or its licensors, and you may not display them or use them in any manner without the express prior written permission of Desert Diamond.

20. Indemnification

You agree to defend, indemnify, and hold harmless Desert Diamond, its affiliates, and its Contractors, and their managers/directors, officers, employees, and agents, from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including attorneys’ fees and costs, arising out of or related to:

● Your breach of the Terms, the Privacy Policy, or the Rules;

● Your use of the Services;

● Any other person using your account, or any of your personal information, to access or use the Services, whether with your permission or not;

● Your violation of any law or regulation;

● Your infringement of any intellectual property or other rights of any other person or entity; or

● Your obligations with respect to acceptance or overpayment of any winnings.

21. Sole Benefit

The Terms are for the benefit of Desert Diamond, its affiliates, and its Contractors, and their managers/directors, officers, employees, and agents. There are no other intended third-party beneficiaries. Desert Diamond owes no duty to you to enforce these Terms, you may not rely on Desert Diamond to enforce these Terms, and Desert Diamond will not be liable to you if it fails to enforce these Terms.

22. Disclaimer; Limitation of Liabilities

You expressly understand and agree that:

● Desert Diamond provides its Services on an “AS IS” and “AS AVAILABLE” basis. Desert Diamond expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, (a) the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement and (b) any warranties that the Site will be without error or viruses, worms, or other harmful software or hardware. If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services.

● Your use of the Services will be at your sole risk. You acknowledge that the Services may be unavailable for numerous reasons, including, but not limited to, disruptions to telecommunications infrastructure, hardware, and other technical failures, scheduled or unscheduled system maintenance, denial of service or other attacks, unauthorized system access, acts of God, etc. Desert Diamond expressly disclaims any express or implied warranty regarding the availability, accessibility, security, or performance of the Services.

● Desert Diamond does not warrant that: (i) the Site, the Services, or any information or material on the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results you obtain from using the Services, or the information or material on the Services, will be available, accurate, or reliable; (iv) any errors on the Services, or in the information or material on the Services, will be timely corrected, or (v) the Services will be free of viruses, trojans, or other harmful components.

● If you download the App, you must do so at your own risk and you will be solely responsible for any damage to your mobile device(s) resulting from downloading, installing, or using the App or from accessing the Site or using the Gaming Services.

● Desert Diamond will not be liable for any acts or omissions of the service provider you use to obtain Internet service to access the Services.

● No employee or agent of Desert Diamond, and no information on the Site, can create any warranty not expressly set forth in the Terms, the Privacy Notice, or the Rules nor waive any disclaimer or waiver expressly set forth in the Terms, the Privacy Notice, or the Rules.

Nothing in the Terms will operate to exclude any liability Desert Diamond may have based on fraud or arising from bodily injury or death caused by its negligence.

23. Waiver of Claims; Releases

You assume all risks of loss or damage resulting from your use of the Services or your inability to use the Services. You hereby irrevocably waive all indirect, special, consequential, punitive, or incidental damages (including, without limitation, those resulting from lost profits, loss of data, or loss of use), resulting from your use of the Services or for your inability to use the Services, even if Desert Diamond has been advised of, or has knowledge of, the possibility of such damages.

You hereby release Desert Diamond, its affiliates, and its Contractors, and their managers/directors, officers, employees, and agents, from any and all claims that may arise as a result of your use of the Services, your inability to use the Services, or any content on the Site. If you reside in California or if the laws of California otherwise apply to you, you hereby waive California Civil Code Section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You acknowledge you have carefully read this Paragraph 23 and fully understand that it is a release of liability.

Because some jurisdictions may not allow the exclusion, limitation, or waiver of liability as set forth in this Section and the preceding Section, some of these provisions may not apply to you if prohibited by law.

24. Disputes; Dispute Resolution

If you have any complaint, dispute, or other concern (an “Issue”) relating to the Services that you are unable to resolve with Desert Diamond’s Support Team (support@playdesertdiamond.com), you must follow the following patron dispute resolution protocol.

First, you should contact Desert Diamond’s Dispute Team, by sending an email to dispute@playdesertdiamond.com from the email account you use to log in to your Desert Diamond account . Please include in your email: 1) Your full name as set forth in the “Personal Details” section of the “Account Settings” in your Desert Diamond account, 2) a detailed explanation of your Issue, 3) the specific dates and times associated with the Issue (if applicable), and 4) any relevant supporting documentation. You must contact the Desert Diamond Dispute Team within thirty (30) days after the date of the event giving rise to your Issue. After thirty (30) days, you will waive your right to pursue your Issue and Desert Diamond will be under no obligation to consider your Issue. Your email with Desert Diamond’s Dispute Team will create a record of when you first raised your Issue.

Second, if Desert Diamond’s Dispute Team is unable to resolve your Issue, or if you are not satisfied with the way the Dispute Team handled the Issue, you may request, in an email to Desert Diamond’s Dispute Team, that your Issue be escalated to Desert Diamond’s senior management team.

Third, if your Issue involves the payment of alleged winnings, or your account, your wagers, your wins, or your losses, and if Desert Diamond is unable to resolve the Issue to your satisfaction, you may file a written complaint with ADG at https://gaming.az.gov/ewfs/patron-dispute-form.

25. Governing Law; Mandatory Arbitration & Waiver of Certain Rights; Limitation of Actions

The Terms, the Privacy Notice, the Rules, your use of the Services, and the relationship between you and Desert Diamond will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws analysis.

You and Desert Diamond agree to resolve any disputes between us through final and binding arbitration instead of through court proceedings. Any controversy, claim, counterclaim, or other dispute between you and Desert Diamond arising out of or relating to the Terms, the Privacy Notice, the Rules, your use of the Services, or the relationship between you and Desert Diamond (collectively, a “Claim”) shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). You and Desert Diamond hereby waive any right to a jury trial of any Claim. Your agreement to arbitrate includes any Claims you may have against Desert Diamond’s affiliates and Contractors, and the managers/directors, officers, employees, and agents of Desert Diamond, its affiliates, and its Contractors, to the extent a) those Claims arise out of or are related to your Claims against Desert Diamond and your use of the Services and b) any such person or entity agrees to participate in the arbitration.

The arbitration will be heard in Arizona and determined by a single arbitrator. You and Desert Diamond irrevocably waive, to the fullest extent permitted by law, any objection or claim that an arbitration proceeding in Arizona is an inconvenient forum.

The arbitrator must be independent and impartial, and no arbitrator shall have served as a mediator for the dispute being arbitrated. Upon selection, the arbitrator must promptly disclose any circumstances that might cause doubt regarding the arbitrator’s independence or impartiality. Such circumstances include bias, interest in the result of the arbitration, and past or present relations with a party or its counsel.

If you demonstrate that the costs of arbitration will be prohibitive in comparison to the costs of litigation, Desert Diamond will pay any required administrative costs and arbitrator’s fees that the arbitrator deems necessary so the cost of the arbitration will not be prohibitive. The arbitrator may apportion the costs of arbitration and the arbitrator’s fees among the parties as the arbitrator deems appropriate in the final award.

The arbitrator’s decision will be final and binding and may be enforced in any court having jurisdiction. You and Desert Diamond agree the arbitration will be confidential and the existence of the arbitration and all aspects of it (including, without limitation, any pleadings, motions, or other documents submitted or exchanged, any testimony, and the award) will be kept confidential, except as may lawfully be required in judicial proceedings relating to the arbitration or by governmental agencies.

If there is a dispute as to whether an issue is arbitrable, the arbitrator will have the exclusive authority to resolve any such dispute. The arbitrator will have the authority to decide whether any dispute is barred by the passage of time or on any other grounds and, if so, to dismiss the arbitration on that basis.

Consistent with the provisions of Paragraph 23 above, the arbitrator will not be empowered to award any indirect, special, consequential, punitive, or incidental damages (including, without limitation, those resulting from lost profits, loss of data, or loss of use), or any sums in lieu thereof. The arbitrator must award reasonable attorneys’ fees and costs to the prevailing party. If a written settlement offer is rejected and the arbitration award is equal to or more favorable to the offeror than its written settlement offer, then the offeror will be deemed to be the prevailing party for purposes of awarding attorneys’ fees and costs.

You and Desert Diamond will have the right to apply for provisional relief in any court with jurisdiction, including pre-arbitral attachments or preliminary injunctions, and seeking such relief will not be inconsistent with our agreement to arbitrate nor a waiver of the right to have disputes decided by arbitration. This agreement to arbitrate also does not prevent you or Desert Diamond from seeking relief from federal, state, local, or tribal government agencies.

Neither you nor Desert Diamond may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only the individual Claims of you and Desert Diamond (and Desert Diamond’s affiliates or Contractors if you assert any Claims against them). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Notwithstanding our agreement to arbitrate Claims, you and Desert Diamond will have the right to bring qualifying claims in small claims court in accordance with the AAA Rules.

If any provision of this Paragraph 25 is found invalid or unenforceable, that specific provision will be of no force and effect and shall be severed. The remaining provisions of this Paragraph 25 will continue in full force and effect. No waiver of any provision of this Paragraph 25 will be effective or enforceable unless contained in a writing signed by the party waiving the right or requirement (and, with respect to Desert Diamond, that writing must be signed by its Chief Executive Officer). The provisions of this Paragraph 25 will survive the termination of your relationship with Desert Diamond.

Notwithstanding any statute, regulation, or judicial interpretation to the contrary, any arbitration over a claim or cause of action arising out of or related to Terms, the Privacy Notice, the Rules, your use of the Services, or the relationship between you and Desert Diamond must be commenced within one (1) year after such claim or cause of action arose or the claim or cause of action will be forever barred.

THIS PARAGRAPH 25 LIMITS CERTAIN RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION OR TO BRING A REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY BEYOND THAT PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.

26. Copyright Infringement

If you believe that your work was copied or posted on the Site in a way that constitutes copyright infringement, please contact us at the address below:

Desert Diamond Mobile LLC

Attn: Legal Department

5425 E. Broadway Blvd, Suite 352

Tucson, Arizona 85711

Your notice must include the following information:

A description of the copyrighted work you claim has been infringed;
If you do not own the copyrighted work, your physical or digital signature as a person authorized to act on behalf of the copyright owner;
A description of where the material you claim is infringing is located on the Site;
Information reasonably sufficient to permit Desert Diamond to contact you, such as an address, telephone number, or email address;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Desert Diamond will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If Desert Diamond receives a valid DMCA notice, we will take down the offending content. Desert Diamond then will take reasonable steps to contact the poster of the removed content so that a counter-notice may be filed. Desert Diamond generally will restore the content if it receives a valid counter-notice, unless we are notified that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Desert Diamond may provide copies of any DMCA notices to interested parties or to third parties. DMCA notices are not subject to Desert Diamond’s Privacy Policy.

Desert Diamond accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

27. Miscellaneous

Waiver. Desert Diamond’s failure to exercise or enforce any right or provision of the Terms will not waive its right to subsequently enforce that right or provision unless Desert Diamond acknowledges and agrees to the wavier of its rights in writing.

Severability. If any provision of the Terms, the Privacy Policy, or the Rules is found to be invalid or unenforceable, you nevertheless agree that (a) all other provisions of the Terms, the Privacy Policy, or the Rules will remain in full force and effect and (b) an arbitrator should endeavor to give effect to the substance of the invalid provision to the full extent permitted by law.

Headings. The section headings and sub-headings contained in the Terms, the Privacy Policy, and the Rules are for convenience only and have no legal or contractual effect.

PLEASE PRINT AND RETAIN A HARDCOPY OF THIS AGREEMENT FOR YOUR RECORDS.