Rampart Casino, Hawthorn Grill and Spa Aquae Privacy Policy

Last Updated: August 1st, 2019

Rampart Casino, Hawthorn Grill and Spa Aquae (“Rampart” or “we” or “us”) has a strong commitment to providing excellent service to all of our customers (“users” or “you”), including respecting their concerns about privacy. We understand that visitors to our website may have questions about whether and how this website collects and uses information, and are committed to protecting your privacy. In support of this, we only use the personally identifiable information (“Personal Information”) that you provide in accordance with the terms outlined below.

This Privacy Policy (“Policy”) covers any Personal Information we obtain when you visit the resort, use our services, or access the features on the websites that Rampart and Hotspur Resorts Nevada, Ltd. own or control (today or in the future), including https://theresortatsummerlin.com/, https://www.hawthorngrilllv.com, and https://spaaquaelv.com(the “Sites”). You can access the Sites in many ways, including from a computer or mobile phone, and this Policy will apply regardless of the means of access. This Policy also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation (“Third Party Sites”). Rampart cannot control the privacy policies or practices of Third Party Sites or of companies Rampart does not own or control, and cannot control the actions of people Rampart does not employ or manage. You should always check the privacy policies of Third Party Sites and your privacy settings.

1. Information We Collect

Personal Information

You may be asked for, or we may automatically collect (described below), as appropriate, the following information, which may be considered personal information or personal data:

• name (first and last);
• gender;
• date of birth;
• contact information, including your mailing and billing addresses, email address and phone numbers;
• credit and debit card number and other payment data;
• government-issued identification information, such as social security or national identification number, driver’s license information, passport information or other government-issued documents;
• Anti-Money Laundering (AML)/Know Your Customer (KYC) information such as source of funds and proof of employment;
• membership or loyalty program data;
• language preferences;
• IP address;
• geolocation information.

In more limited circumstances, we may also collect:

• data about family members and companions, such as names and ages of children;
• images and audio/video information via security cameras located in public areas, such as hallways and lobbies, in our properties;
• gaming activity; and
• other information you may provide by interacting with us.

You may, however, visit our Sites anonymously. Doing so may limit the functionality of some features on the Sites.

Usage Information

We may also use cookies and other technologies to automatically gather anonymous information about how you use the Sites (“Usage Information”), including:

• new or returning visitor;

• time of visit;

• duration of visit;

• pages viewed;

• where you found the Sites (search, direct, social media, etc.);

• country you’re visiting from;

• technology you’re using (browser, screen resolution, etc.); and

• gender and age range.

This Usage Information does not constitute Personal Information.

2. How We Collect Information

We may collect Personal Information from you in a variety of ways, including when you:

• visit our Sites;
• create an account;
• apply for a job;
• make a purchase;
• make a reservation;
• register for a rewards program;
• subscribe to the newsletter;
• respond to a survey;
• use wireless internet (WiFi) while on our properties
• take part in our competitions or promotions
• communicate or correspond with us in person, on the phone or through letters or email; and
• fill out a form.

We also collect Personal Information from you in connection with other activities, services, features or resources we make available on our Sites and at our properties.

Cookies

We also use cookies to collect information about you. A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Sites by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Sites. For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.

Pixel Tags

We may use pixel tags (also called web beacons or clear gifs) on our Sites. They can help us analyze what our customers like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing experience. We may use information collected through pixel tags or tracked links in combination with your Personal Information. We may also combine Personal Information you provide to us with other personal information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose.

Google Analytics

The Sites use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist us in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Sites’ activity for our use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google’s privacy policy.

You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners  and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

3. How We Use Collected Information

Rampart collects and uses your Personal Information for the following purposes:

• to personalize user experience;
• to operate our rewards programs
• to facilitate purchases and transactions;
• to facilitate reservations;
• to improve our Sites;
• to ask for your participation in our internal market research;
• to improve customer service;
• to share your information with third parties (as described below);
• to perform background checks for any reason;
• to administer a contest, promotion, survey or other Site feature;
• to comply with our legal obligations; and
• to send you information you agreed to receive about topics we think will be of interest to you (with consent when necessary).

We may also use information in the aggregate to understand how our users as a group use the services and resources provided on our Sites and at our properties.

If you apply for a job through our Sites, we may also use the information to:

• assess qualifications and personal experience to determine if it meets specific job requirements; and

help us inform you of future openings at Rampart.

4. How We Protect Your Information

We take every reasonable precaution to keep your Personal Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. Nevertheless, when disclosing any Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.

5. Sharing your Personal Information

For business purposes, we may share certain information we receive from you, and about your transactions with us, with our affiliates, including our owned, operated, and managed casinos, hotels, online and web based businesses, and other corporate entities or affiliates. Doing so allows us to provide the products and services you have requested and quickly respond to applications for credit or other financial services. We may also disclose your Personal Information to all our properties and other affiliates if you participate in our “responsible gaming” or “self-exclusion” programs.

We may also share your information with the following third parties:

Third Party Service Providers.Your information may be shared with or collected by third party service providers who provide us with services, including but not limited to data hosting or processing, credit card processing, credit or background checks, or processing and fulfilling reservations or purchases. We require these providers to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them.

Third Party Marketing Partners.We may share certain limited information about you with other companies with whom we have joint marketing or similar agreements, or other businesses with whom we have a contractual relationship (“Joint Marketing Partners”), who may contact you with marketing and promotional offers. These businesses generally include financial services companies, such as banks and insurance companies, other service providers, such as airlines, hotels and car rental agencies, and retailers, but may include others. If you would like us to stop providing your information to these Joint Marketing Partners, you may opt-out in accordance with Section 10 below.

Business Transfers; Bankruptcy.In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your information and other information we have collected from our customers to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies.To the extent permitted by law, we will disclose your information to government authorities or third parties: (a) if required to do so by law, or in response to a subpoena or court order, search warrant or other valid legal process, (b) to comply with legal, regulatory or administrative requirements of any governmental authorities, including but not limited to gaming regulators, (c) in connection with any legal action, claim or dispute, including but not limited to the collection of debts, or (d) if we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

6. Video Surveillance

We use surveillance systems to monitor all gaming areas and other public or sensitive areas of our properties. Video surveillance cameras may be used for security purposes and to protect us, our customers and employees against potential violations of criminal or civil laws. Surveillance camera output is monitored by our employees and contractors and may be viewed by law enforcement and regulatory authorities.

7. Third Party Websites

You may find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting with any other website, including websites which have a link to our Sites, is subject to that website’s own terms and policies.

8. Advertising

Ads appearing on our Sites may be delivered to you by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Policy does not cover the use of cookies by any advertisers.

9. Age Policy

The Sites are intended only for users over the age of 21. Please leave the Sites if you are under the age of 21. By continuing, you hereby release Rampart, our subsidiaries and affiliates, and the creators of the Sites from any and all liability for your use or access to the Sites.

Under penalty of law, persons under 21 years of age will not be allowed to loiter on casino or slots property or participate in any gaming activity and persons under the permissible age will not be allowed to loiter on the property or participate in any racing or pari-mutuel activity. We have the right to ask for proper ID from individuals while they are on the property.

We will not rent hotel rooms to persons under the age of 21. Any contests, activities, or programs promoted are strictly limited to people over 21, unless otherwise indicated.

If we learn that, despite these measures, Personal Information of any person under the age of 13 has been collected on the Sites without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Sites, please alert us at privacy@theresortatsummerlin.comand request that we delete that child’s Personal Information from our systems.

10. Managing Your Information

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality found on the Sites.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Email Opt Out

From time to time (and with your consent when required), you may receive periodic mailings, or e-mails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on our behalf. If at any time you wish to stop receiving emails or mailings from us please send us an email to privacy@theresortatsummerlin.comwith the phrase “Privacy Opt-out: Rampart Social Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.

Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional e-mail messages from us. Your unsubscribe request or e-mail preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.

Marketing/Joint Marketing Opt Out

If you wish to opt-out of receiving solicitations from us, or do not want us to share your Personal Information with partners for marketing purposes, you may email us at privacy@theresortatsummerlin.com, call (702) 507-5935, or write to:

Hotspur Resorts Nevada Ltd.
Attn: Marketing Opt Out
221 N Rampart Blvd
Las Vegas, NV 89145

If you do not want us to share your Personal Information among the Rampart Sites and affiliates for marketing purposes, you may email us at privacy@theresortatsummerlin.comor call (702) 507-5935.

Behavioral Advertising Opt Out

If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/choices. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

11. Notice to EU Residents

Legal Basis for Processing Information

If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:

• The processing is necessary to perform our contractual obligations, such as to provide you with our services;
• You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
• The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
• The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about, or would like further information concerning, the legal basis on which we collect and use your Personal Information, please contact us by emailing privacy@theresortatsummerlin.com.

Data Retention

If you are a Rampart customer, we will retain your Personal Information as long as we are providing the services to you. If you have consented to receive marketing materials from us, we will retain your Personal Information as long as we have your consent to send you marketing materials. We retain Personal Information after we cease providing services to you for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

Rights Under the General Data Protection Regulation

If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:

• Right of access.The right to obtain access to your Personal Information.
• Right to rectification.The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
• Right to erasure.The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction.The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
• Right to portability.The right to portability allows you to move, copy, or transfer Personal Information easily from one organization to another.
• Right to object.You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at privacy@theresortatsummerlin.com. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Obligations to Data Protection Authorities (DPAs)

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (a) cooperate with inquiries from the DPA responsible for the entity exporting the data, and (b) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

Contacting Our Data Protection Officer

To contact our designated Data Protection Officer, please send an email to: privacy@theresortatsummerlin.com.

12. California Privacy Rights

If you are a California resident, you have the right to request information from us regarding the manner in which Rampart shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth in Section 10 above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

• The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
• the names and addresses of the third parties that received the information; and
• if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: privacy@theresortatsummerlin.com.

Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

California residents also have the right to opt out of certain marketing practices. For more information, see Section 10 above.

13. Your Consent and Updates to this Policy

You acknowledge that this Policy is part of the Terms of Use for your use of the Sites, and you agree that using the Sites signifies your assent to this Policy. Rampart reserves the right to change this Policy at any time. If we decide to change our Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. As we may make changes from time to time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Sites after the effective date of any modification to the Policy will be deemed to be your agreement to the changed terms.

If you have any questions about your privacy or security on our Sites, please contact us using the following information:

Hotspur Resorts Nevada Ltd.
Attn: Privacy
221 N Rampart Blvd
Las Vegas, NV 89145
privacy@theresortatsummerlin.com

 

RAMPART CASINO, HAWTHORN GRILL AND SPA AQUAE WEBSITE TERMS OF USE

Last Updated: August 1st, 2019

Welcome to our website. These Terms of Use (“Terms” or “Agreement”) are an agreement between you and Hotspur Resorts Nevada, Ltd.  (collectively, “Rampart” or “we” or “us”).

By using this website and other websites owned by Rampart (collectively, the “Sites”) and using any services provided by Rampart through the Sites (the “Services”), you agree to read, comply with, and be legally bound by: (i) these Terms, (ii) Rampart’s Privacy Policy (available at https://theresortatsummerlin.com/privacy-policy), (iii) rules and regulations for using the Sites or any Services, and (iv) any house rules or event rules that may apply to your use of any Services or any of your accounts (collectively, Rampart’s Privacy Policy, rules and regulations for wagering, house rules, and event rules shall be referred to as “Rules”). If you do not read and agree to the Terms and Rules you may not use the Sites or any Services.

I. ACCURATE INFORMATION

You certify that the name, address, and all other personal and non-personal information that you give us while and after opening any other account associated with the Sites or Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Rampart suspects that you did so, Rampart may refuse or limit access to, suspend, or terminate your account(s) or use of the Sites or Services without prior notice to you.

II. ACCEPTABLE USE

Your use of the Sites and Services is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

You shall not upload to, transmit through, or display via the Sites or Services any content that:

• is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
• contains confidential, proprietary, or trade secret information of any third party;
• violates the rights of others, including without limitation any privacy rights or rights of publicity;
• impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information;
• violates any applicable laws or regulations;
• makes any statement, express or implied, that you are endorsed by Rampart;
• harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• contains any unsolicited promotions, political campaigning, advertising or solicitations; or
• in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Sites or Services or which may expose Rampart, any of its officers, directors, or employees, or other users to any harm or liability of any type.

You shall not use the Sites or any Services to engage in any of the following activities:

• accessing, using, or uploading content to, or attempting to access, use, or upload content to another user’s account without permission; or
• transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

Additionally, you shall not:

• try to obtain unauthorized access to any account associated with the Sites or Services;
• try to open an account if you are under the age of 21;
• provide false or misleading information at any time when opening or using an account;
• try to use the Sites or any Service in a commercial manner, rather than for personal and non-commercial recreation;
• use the Sites or any Service in a manner inconsistent with these Terms, the Rules, or applicable law;
• modify or interfere with the Sites, any Service, or other software or Rampart Content – including location, access, and other security features – for any reason, or permit or help anyone else to do so; or interfere with or alter the Sites, any Service, or other software or Rampart content.

III. OWNERSHIP OF THE SITES AND CONTENT

All right, title and interest in the Sites and Services including, but not limited to, all of the software and code that comprise and operate the Sites and Services and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through the Sites and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Sites and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Sites and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of the Sites.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Sites and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Sites, Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Site, Service or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Sites and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Sites and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Sites and Services or their Content to you or anyone else, except the limited license to use the Sites and Services and their Content on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, the Rampart names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Sites and Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Rampart and/or its affiliates (the “Rampart Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Sites and Services are the property of their respective owners. You are not authorized to display or use the Rampart Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Sites and Services without the prior written permission of such owners. The use or misuse of the Rampart Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

IV. ACCOUNTS

You may be required open an account with Rampart before using certain Services.

By opening any account associated with the Sites or Services, you are certifying to us that: (i) you understand and accept the risk that, by using our services, you may lose or win money, (ii) you are at least 21 years of age, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving or using Services under federal, state, local, or other laws, and (v) you are the rightful owner of the money which you at any time deposit into or withdraw from your account.

You acknowledge and agree that Rampart may close, suspend, investigate, monitor, or limit your access to your account or any other account associated with the Sites or Services, without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Sites or any Services.

V. PASSWORD PROTECTED AREAS OF OUR SITE

For your protection, certain areas of the Sites and access to certain Services may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing the Sites and Services using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Sites and Services using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Sites or Services.

In order to access or use some of the features on the Sites and Services you may have to become a registered user. If you become a registered user, you will provide true, accurate, current and complete information about you as may be prompted by any registration forms, if such information changes, you will promptly update the relevant registration information. We reserve the right to terminate your account or otherwise deny you access to the Sites and Services in our sole discretion for any or no reason without notice and without liability.

VI. THIRD PARTY WEBSITES AND ADVERTISING

The Sites and Services may contain links to third party websites that are not owned or controlled by Rampart. Rampart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rampart will not and cannot censor or edit the content of any third party website. By using the Sites or Services you expressly relieve Rampart from any and all liability arising from your use of any third party website. We encourage you to be aware when you leave the Sites or Services and to read the terms and conditions of each other website that you visit.

Advertising may be presented to you when you use the Sites or any Services. You consent to receiving such advertisements. You also acknowledge and agree that Rampart is not responsible for any products or services provided by advertisers outside of Rampart, its subsidiaries, and its affiliated companies.

VII. AGREEMENT TO FOLLOW APPLICABLE LAWS 

You certify that you will comply with all applicable laws (e.g., local, state, and federal laws) when using the Sites or any Services or Rampart Content as permitted and in accordance with this Agreement. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Rampart incurs if you break the law, misuse the Sites, Services or information Rampart provides, or breach this Agreement. And if you break the law, misuse the Sites, Services or information Rampart provides, or breach this Agreement, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Rampart, its subsidiaries, its affiliated companies, and the employees, directors, officers, and agents of all aforementioned companies, from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Rampart may at its sole discretion defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this paragraph survive and continue after any termination of this Agreement.

VIII. ADDITIONAL PRIVACY TERMS

Rampart may collect, use, and disclose your location, personal, and non-personal information. Please visit https://theresortatsummerlin.com/privacy-policyto see Rampart’s complete Privacy Policy. That Privacy Policy may be updated from time to time, so please review it regularly. By opening and maintaining an account associated with the Sites or Services, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal, and non-personal information by Rampart, its subsidiaries, and its affiliated companies including sharing such information with companies other than Rampart, its subsidiaries, and its affiliates. If you do not accept the terms of Rampart’s Privacy Policy or the specific Privacy Policy associated with a Service, please close your account and discontinue all use of the Sites and Services.

Data and other information about your location, wireless device, computer system, and application software is gathered periodically to provide software updates, product support, and other services to you related to the Sites and Services. You agree that Rampart, its subsidiaries, and its affiliated companies may collect, use, and disclose this data and other information about you to improve products or to provide Services or technologies to you. Although Rampart takes reasonable steps to safeguard your information, you have no expectation of privacy once you have logged into your account.

You authorize Rampart, its subsidiaries, its affiliated companies, third party vendors (such as wireless carriers, technology developers, service providers, advertisers, and merchant banks for credit card and debit card transactions) to collect, use, and disclose location information, non-personal information, and nonpublic personal information (including, for example, your name, postal and email addresses, telephone number, account number, device number, and, for processing payment-card transactions you authorize, your payment-card number and related information).

Rampart collects and stores location-identification information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information made available to and used by Rampart and its vendors, and that you have no expectation of privacy concerning your location when using the Services. Your location is verified when you log into your account using the Sites or any Services and when you use the Sites or Services. This location information may be used to verify that you are in the State of Nevada where required by law and as more fully described in the applicable Rules, and it may be stored by Rampart or its service providers for approximately five (5) years, or as otherwise required by Nevada Gaming Commission regulations. Your location information will not be used for any other purpose.

IX. AGE RESTRICTION

All people under 21 years of age are prohibited from using the Sites and any Services. We do not market or advertise to persons under the age of 21. If you are younger than 21 years of age, you are prohibited from accessing or using the Sites and any Services, you are prohibited from opening any account, and you may not submit information to the Website.

Rampart does not purposely store personal information from persons under 21 years of age. If Rampart learns that the Website or any Services have collected such information, Rampart will take appropriate steps to delete it. If you are a parent or guardian of any person under the age of 13 and discover that your child has submitted information for or obtained an account, you may contact us at (702) 507-5935, and ask us to close the account and remove that account holder’s personal information from our systems.

X. USER COMMENTS AND FEEDBACK

Rampart will terminate a user’s access to the Sites and Services if, under appropriate circumstances, they are determined to be a repeat infringer or otherwise a nuisance to the Sites or Services. Rampart reserves the sole and exclusive right to decide whether a comment or any other user submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to obscene, defamatory, or just plain obnoxious material. Rampart may remove such comments or other user submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

XI. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Rampart with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA claims may be sent to the following address:

Rampart Casino
Marketing – Copyright Claim
221 N Rampart Blvd
Las Vegas, NV 89145

Or, please email us at privacy@theresortsatsummerlin.com.

Note: You acknowledge that if you fail to comply with all of the requirements of this Section XI your DMCA notice may not be valid.

XII. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE SITES OR SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RAMPART ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SITES OR SERVICES, OR YOUR DEALINGS WITH RAMPART SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND RAMPART AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LAS VEGAS, NEVADA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE SITES OR SERVICE, OR YOUR DEALINGS WITH RAMPART MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN LAS VEGAS, NEVADA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH RAMPART. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SITES OR SERVICE OR SUBMIT THROUGH THE SERVICE A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

Hotspur Casino Nevada Ltd
Email: privacy@theresortatsummerlin.com
Telephone: (702) 507-5935

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in Las Vegas, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by the laws of the State of Nevada, without giving effect to any principles of conflicts of laws.

XIII. DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES, SERVICES OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITES. THE SITES, SERVICES AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, SERVICES AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITES AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITES; (D) THAT THE CONTENT OF OUR SITES IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

RAMPART DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED RAMPART SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER CONTRIBUTIONS AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF RAMPART. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

XIV. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OR THE RULES, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITES AND SERVICES WILL BE: THE AMOUNT OF $200.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITES OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”.

IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR ANY SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITES OR ANY SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE RAMPART AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITES OR ANY SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST RAMPART FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF RAMPART AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

XV. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Rampart, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites or Services including your contributions, any use of Rampart Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Sites and Services.

XVI. RESPONSIBLE GAMING

Rampart encourages responsible gaming by educating its employees and by making problem-gambling information available to its customers at its physical locations and on Rampart’s website (www.Rampartcasinos.com/gaming/responsible-gaming). If you suspect that you or someone you know may be experiencing some of the warning signs of problem gambling, please visit the website at Nevada Council on Problem Gambling at www.nevadacouncil.org or call the Problem Gamblers Help Line at 1-800-522-4700 for confidential information and assistance.

XVII. NOTICE REGARDING PAYMENT CARD PROCESSING

Deposits to your accounts must be made with cash, approved chips or tokens, a credit card, or a debit card. You will be liable for service and/or other transaction-related charges that you authorize. For example, you will be charged a service charge and/or other transaction-related charge for using a credit card or a debit card. The amount of such service charge and/or other transaction-related charge for using a credit card or a debit card (1) may be based on the amount of the transaction and (2) will be disclosed and explained to you before or at the time of the transaction. For more information about account funding and additional terms relating to gambling Services made available by Rampart, please review the applicable Rules.

XVIII. NOTICE REGARDING MOBILE CARRIER FEES AND CHARGES

Using any Sites or Services may allow you to receive Content on your mobile phone or other wireless device. The manner in which that Content is delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Rampart, will be solely responsible for any carrier charges associated with your use of any Sites or Services. Please contact your carrier or Rampart if you have questions about how the use of any of the Sites or Services might impact your wireless usage fees.

XIX. TERMINATION

Rampart may cancel, suspend or block your use of the Sites and Services without notice if there has been a violation of these Terms or the Rules. Your right to use the Sites and Services will end once your account is terminated, and any data you have stored on the Sites and Services may be unavailable later, unless Rampart is required to retain it by law. You may terminate your account at any time. Rampart is not responsible or liable for any records or information that is made unavailable to you as the result of your termination of your account. YOU AGREE THAT RAMPART WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITES AND SERVICES. Any limitations on liability that favor Rampart will survive the expiration or termination of these Terms for any reason.

XX. OTHER TERMS

Rampart’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XXI. CONTACT INFORMATION

You may contact us for any reason, including to report potential violations of the Terms or Rules by others, by email at privacy@theresortatsummerlin.comor by calling (702) 507-5935.

IF YOU DO NOT AGREE WITH ALL TERMS OF THIS AGREEMENT, IMMEDIATELY CEASE USE OF THE SITES AND SERVICES AND DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE ANY SITE OR SERVICE.

 

Rampart Anti-SPAM Policy

Effective: August 1^st2019

1. Overview

This policy provides guidance for sending commercial or marketing emails and is important for avoiding liability and retaining consumers. This is especially true given the distinct rules in place depending on whether a recipient resides in the United States, Canada, or the European Union. The implementation of this uniform policy and adherence to this policy by Rampart Casino, Hawthorn Grill, Spa Aquae and their employees, officers, directors, contractors, agents and others working on their behalf (“Rampart”) will ensure that Rampart is able to provide commercial or marketing content to the largest possible audience without infringing on their rights.

2. Purpose

The purpose of this policy is to establish the minimum requirements for sending commercial or marketing emails. It provides guidance related to the CAN-SPAM Act in the United States, Canada’s Anti-Spam Legislation (“CASL”), and the requirements imposed by the European Union General Data Protection Regulation (“GDPR”).

3. Collecting Email Addresses

The requirements set forth in this Section are required by law with respect to the collection of email addresses for individuals located in Canada, the European Union or Switzerland. Notwithstanding the foregoing, it is a best practice to adhere to the requirements in this Section for the collection of all email addresses.

• At any point in which an email address is collected by Rampart online or through a paper form, Rampart shall require that the individual provide an address or country of residence. Rampart shall establish and maintain a system by which it can easily reference and segregate email addresses from residents of the United States, Canada, and the European Union.

• Where Rampart intends to send any commercial or marketing messages to a collected email address, it shall provide an appropriate, prominent disclosure reviewed and approved by an attorney before collecting the email address. An example of such a disclosure would be:

By providing your email address, you are consenting to receive marketing emails from Rampart. You can unsubscribe at any time by emailing us at privacy@theresortatsummerlin.comor following the instructions at the bottom of any email. If you wish to contact us, please use the following information: Rampart Casino, Marketing Opt Out, 221 N Rampart Blvd, Las Vegas NV 89145, privacy@theresortatsummerlin.com.

The disclosure can be provided to users through text, or, where possible, as a pop-up, or on a separate page in which the user confirms that he or she is subscribing. For example, if a user enters an email address, you can direct that user to a separate page with the disclosure and a button for her to confirm.

• If Rampart is collecting an email address for a non-marketing purpose but intends to send marketing communications to the email address, Rampart shall present the individual with an uncheckedbox with an appropriate, prominent disclosure reviewed and approved by an attorney. An example of such a disclosure would be:

Yes, I would like receive updates and alerts about Rampart’s products and services.

• If Rampart knows or reasonably believes that it will be sending marketing emails to individuals in Germany or Switzerland, Rampart will take efforts to obtain an additional form of consent before adding such individual to its marketing lists. This can be done by asking the user to confirm consent after they indicate consent through a checkbox or sending a follow up email asking the individual to click a link to confirm consent. In the event an individual does not provide such additional consent, that individual shall not be included on Rampart’s marketing lists.

• Rampart shall establish and maintain a system by which it can easily reference and segregate email addresses from users who have provided consent to receive marketing or commercial emails and those who have not consented.

4. Sending Emails

The requirements in this Section are required under CAN-SPAM, CASL and GDPR.

All marketing or commercial emails must have an appropriate, prominent disclosure reviewed and approved by an attorney at the bottom of the email. An example of such a disclosure would be:

You are receiving this communication because you consented to Rampart sending you updates about our products and services. You can unsubscribe at any time by clicking this Unsubscribe link.

If you wish to contact us, please use the following information: Rampart Casino, Marketing Opt Out, 221 North Rampart Blvd., Las Vegas NV 89145, privacy@theresortatsummerlin.com.

5. Deleting Email Addresses Upon Request

• Rampart shall establish and maintain a system that removes a user’s email address from its marketing email lists (a) within 48 hours of Rampart’s receipt of an unsubscribe request from a resident of, or individual located in, Canada, the European Union or Switzerland; or (b) within 10 business days of Rampart’s receipt of an unsubscribe request from a resident of the United States. This system shall account for individuals clicking the “unsubscribe” link the footer of commercial or marketing emails or if they directly email Rampart.

• Rampart shall test its system for unsubscribing on an annual basis to ensure it is working properly and purging emails in a timely manner.

Rampart European Union Data Policy

Effective: August 1, 2019

1. Overview

The European Union General Data Protection Regulation (the “Regulation” or “GDPR”) imposes significant penalties on companies that fail to appropriately handle the Personal Data of individuals located in the European Union. It is therefore imperative that Rampart Casino, Spa Aquae, Hawthorn Grill and their employees, officers, directors, contractors, agents and others working on their behalf (“Rampart”) and all companies with which it shares Personal Data maintain substantial compliance with the Regulation and be able to present evidence of its compliance to third parties and regulators.

2. Purpose

The purpose of this policy is to establish the requirements for collecting, processing, storing, and sharing Personal Data and ensure that Rampart remains in substantial compliance with the GDPR.

3. General

• “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• If Rampart collects Personal Data, it shall require that the user provide an address or country of residence where appropriate given the context and nature of the collection (e.g., when collecting Personal Data online or through forms). Rampart will establish and maintain a system by which it can easily reference and segregate Personal Data from residents of the European Union.

• Rampart shall designate one individual as their Data Protection Officer who shall be responsible for enforcing this policy and ensuring Rampart’s compliance with the GDPR.

• Rampart must follow the Anti-SPAM Policy and Privacy Analysis Policy as additional necessary components for compliance.

• Rampart shall provide training to new employees about the GDPR and this Policy, and offer supplemental courses for current employees on an annual basis.

4. Collecting Personal Data

• Under no circumstances shall Rampart collect Personal Data online or through mobile applications without providing users with a link to its Privacy Policy. Where Rampart collects Personal Data in a manner that does not allow for an active link to Rampart’s Privacy Policy (e.g., through a paper form), Rampart shall provide the individual providing the Personal Data with information about where and how he or she can obtain a copy of Rampart’s Privacy Policy. All online and offline forms that are used to collect Personal Data shall include a disclosure stating that the user or individual is “Consenting to Rampart collecting, using, processing, and sharing the personal information provided under Rampart’s Privacy Policy.” The disclosure should be presented to users in an overt manner – i.e. not in very small print or a font that blends into the background.

• In addition to the disclosure, users must take a proactive step to consent to the collection. Ideally this will be an unchecked box that the user must check before being allowed to proceed. However, a simple “Submit” or “I Agree” button would also be adequate.

• If a user’s email address is being collected for marketing purposes or may be used for marketing purposes, Rampart must follow the protocols in the Rampart Anti-SPAM Policy.

• Rampart must maintain some kind of record or evidence that a user provided at the time Personal Data was collected (if not sooner). This record can be automatically generated and does not have to be in any particular format. A record is sufficient as long as it allows Rampart to demonstrate that a specific user provided consent in a specific manner at a specific time.

5. Processing and Sharing Personal Data

• Rampart may only process or use Personal Data consistent with the terms of its Privacy Policy. Rampart shall closely review its Privacy Policy on a regular basis to ensure that it is disclosing all the ways in which it is collecting, processing, storing, or sharing Personal Data.

• If Rampart is going to send commercial or marketing email messages, it must follow the protocol in the Anti-SPAM Policy.

• If Rampart is going to share Personal Data with any third-party entity, it shall take steps to ensure that the information will be treated consistent with Rampart’s Privacy Policy. Rampart shall also ensure that the third-party entity will protect Personal Data using adequate and reasonable security and will not use Personal Data in a manner that violates the GDPR. Ideally these assurances will be made as part of a written agreement or Data Processing Addendum.

• If Rampart receives Personal Data from a third-party entity, it shall ensure that it treats that information consistent with the third-party entity’s Privacy Policy. It shall also obtain assurances from the third-party entity that the Personal Data was collected in a manner consistent with the GDPR and that Rampart’s receipt and use of the Personal Data will not violate the Regulation.

6. Responding to Data Subject Requests

• Rampart is required to respond to requests from European Union residents concerning their Personal Data. Specifically, Rampart shall, upon request,:

1. allow EU residents and other individuals located in the EU to review their Personal Data;
2. allow EU residents and other individuals located in the EU to make corrections to their Personal Data;
3. provide EU residents and other individuals located in the EU with their Personal Data in a format that allows it to be transported; and
4. delete the Personal Data of EU residents and other individuals located in the EU.

• Rampart shall create and maintain a separate inbox that EU residents and other individuals located in the EU can send requests to, and ensure that the inbox is regularly monitored. Additionally, the email address that direct messages to this inbox must be linked to in Rampart’s Privacy Policy.

• If Rampart receives a request from an EU resident or other individual located in the EU, it shall provide a response to the requester within 48 hours indicating that it is processing the request.

• Rampart shall establish and maintain a system or process to facilitate all requests from European Union residents within 30 days of receiving any given request.

• If Rampart believes that it cannot facilitate a European Union resident’s request or that facilitating such a request would violate other laws or policies, the employee responsible for facilitating the request shall consult with Rampart’s legal team as soon as practicable.

7. Analysis and Development of New Products and Services

• Rampart shall follow the steps provided in the Privacy Analysis Policy whenever it develops a new product or service, updates a product or service in a manner that implicates Personal Data, begins collecting Personal Data in a new manner, begins collecting a new type of Personal Data that may be considered especially sensitive, or intends to share Personal Data with a new third-party entity.