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ClubJACK™ OFFICIAL RULES

Effective Date: March 10, 2020

These ClubJACK™ Official Rules (“Official Rules”) apply to the enrollment and participation in ClubJACK™. As a ClubJACK™ member, you may have the opportunity to participate in and earn, as applicable, promotions, options, programs, benefits, rewards, JACK POINTS^TM, comps, offers, and privileges offered from time to time to ClubJACK™ members (the “Club Benefits”). Other rules, terms, restrictions, conditions, and disclosures may apply to the Club Benefits (including without limitation any obligation that you sign certain acknowledgements, waivers, and/or releases in order to accept, use or benefit from certain Club Benefits) (the “Other Rules”), with such Other Rules subject to any applicable regulatory approval. The Official Rules and Other Rules, as changed from time to time, are sometimes collectively referred to as the “Rules.” References in these Official Rules to “JACK,” “JACK Entertainment,” “we,” “us,” or “our” refer to JACK Entertainment LLC and its affiliates and references in these Official Rules to “you” or “your” refer to the applicable individual who reads or receives a copy of these Official Rules and/or enrolls in ClubJACK™.

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It is your responsibility to read these Official Rules so that you understand ClubJACK™’s rules and benefits as well as understand your responsibilities under ClubJACK™. Please visit a ClubJACK™ desk or our website at www.jackentertainment.com to obtain a copy of the Rules.

By enrolling in ClubJACK™ and receiving a ClubJACK™ card, you are agreeing to become a member of ClubJACK™ and agreeing to the Rules set forth above and as follows:

1. Applicable law prohibits anyone under the age of twenty-one (21) from gambling, and you must be twenty-one (21) or older to participate in ClubJACK™ and to be a ClubJACK™ member. From time to time, as a ClubJACK™ member, you may have the opportunity to participate in promotions that will be open only to ClubJACK™ members. As applicable, you may also be able to earn JACK POINTS^TM and/or comps based on your VLT, slot, table and video poker play and able to receive other benefits and rewards, which will be tracked in your personal ClubJACK™ account. ClubJACK™ accounts are member-specific and only one member is permitted per account/card. Members are not permitted to enroll in ClubJACK™ for anyone else or under anyone else’s account nor are corporations or other entities permitted to become ClubJACK™ members. When enrolling for membership in ClubJACK™, we may require a current, valid driver’s license (or other government-issued ID) that displays your name, photo, and other personal information.
2. By enrolling in ClubJACK™ AND RECEIVING A CLUBJACK™ CARD, YOU ACKNOWLEDGE AND AGREE that we may at any time, FOR ANY REason OR NO REASON, and without prior notice to you: (A) eliminate or change ClubJACK™ AND/OR ANY of the Club benefits, AND/or (B) cancel or change these OFFICIAL rules AND THE OTHER RULES (but with respect to the Other Rules only, subject to any applicable regulatory approval).
3. When you enroll in ClubJACK™, you will receive a ClubJACK™ card. If you wish to play more than one VLT, slot, or video poker machine at a time, you may receive an additional ClubJACK™ card; however, you may not have more than two active ClubJACK™ cards at any given time. Upon issuance of a third ClubJACK™ card, one of the two active cards may be deactivated. You may not let anyone else use your ClubJACK™ card(s). We may close your ClubJACK™ account if someone else uses or tries to use your ClubJACK™ card. The ClubJACK™ card(s) you receive are our property, as are all of the unredeemed Club Benefits in or associated with your ClubJACK™ account. We may, at any time, for any reason or no reason, and without prior notice to you, cancel any or all of your ClubJACK™ cards and require you to promptly return any or all of them to us and in each such case we may deem any or all of your unredeemed JACK POINTS^TM and/or other Club Benefits to be forfeited and surrendered to us. Because we issue Club Benefits in our sole discretion, we may, at any time, for any reason or no reason, and without prior notice to you, cause to be deemed forfeited and surrendered to us any or all unredeemed Club Benefits, including without limitation the balances in your ClubJACK™ account.
4. Where applicable, if you play our table games, you are responsible for presenting your ClubJACK™ card to the dealer or game supervisor at a table game before you begin to play so that your play can be tracked. Where applicable, if you play our VLT, slot, or video poker machines, you must make sure that your ClubJACK™ card is properly inserted in the card reader the whole time you play so that we can properly track your play. You are responsible for making sure that the card is properly and continuously inserted into the machine for the duration of play and that the card reader reads “ACCEPTED.” We will award: (a) JACK POINTS^TM and/or comps on the basis of your tracked applicable VLT, slot, table and video poker machine play and (b) other benefits in connection with certain “cash purchases” by you. The term “cash purchases” means the purchase of certain non-gaming items and services at the racino or casino (g., certain food and beverage items, retail items, and products, hotel room rentals (where applicable)) using cash (U.S. currency or such other currency as is accepted) or cash equivalents or credit cards acceptable in our sole discretion. At our sole discretion, we will also make available to you various other Club Benefits based on your play and/or other criteria established by us in our sole discretion, from time to time.
5. ClubJACK™ offers five levels of membership: J, A, C, K, and Infinity. You will earn 1 tier credit for each base JACK POINTS^TM earned, and the levels shall reflect: J: Entry level card; A: Requires 10,000 tier credits; C: Requires 100,000 tier credits; K: Requires 300,000 tier credits; and Infinity: Invite only. Base JACK POINTS^TM will be earned in the following manner: VLT/Slot Machine: $1 coin in = 3 base JACK POINTS^TM; Video Poker: $1 coin in = 1 base JACK POINTS^TM; Electronic Table Games: $2 coin in = 1 base JACK POINTS^TM; Table Game (excluding poker): based on average bet and amount of time played; and Poker: based on amount of time played. All tiers will be upgraded/downgraded on a six-month review cycle (January – June and July – December).
6. Club Benefits may be earned by playing our play-for-fun online platform (https://play.jackentertainment.com) when you purchase additional credits. These Club Benefits will vary from time to time and will be identified at the time you purchase the additional credits.
7. JACK POINTS^TM and comps issued under ClubJACK™ have no cash value. Any redemption or comp vouchers are valid for twenty-four (24) hours from the date and time issued. Additionally, any earned JACK POINTS^TM or comps may expire on a 6-month rolling calendar basis. We are not responsible for lost or stolen JACK POINTS^TM redemption or comp vouchers. We may revoke or deny any JACK POINTS^TM redemption or comp voucher at any time. We may revoke or deny any JACK POINTS^TM redemption or comp voucher if it is determined that the member has not accumulated the JACK POINTS^TM or comps in the manner intended by the Official Rules. Further, the comp redemption/participation of JACK and other surrounding restaurants/businesses may change without prior written notice. It is your responsibility to verify participation before patronage.
8. We may adjust the balances in your ClubJACK™ account (including without limitation any balance involving JACK POINTS^TM or comps) whenever we deem it necessary or appropriate due to equipment or computer malfunction, operator error, misuse and/or illegal or fraudulent activity. We may require you to sign an acknowledgement of the adjustment, but your failure to sign such document will not affect our right to make the adjustment.
9. If there is no play using your ClubJACK™ card for 180 or more consecutive days, your ClubJACK™ membership may be cancelled and your account closed. In that case, any unredeemed Club Benefits that were in your account will be forfeited and surrendered to us.
10. Your ClubJACK™ membership, ClubJACK™ card(s), ClubJACK™ account, and associated balances and Club Benefits cannot be transferred to anyone else except as expressly permitted by JACK (although we may deny permission for any reason or no reason in our sole discretion). In the case of any litigation arising in connection with an effort to cause or effectuate any such transfer, you (or, in the case of your death, your estate) will be obligated to pay all costs that we incur, including reasonable attorneys’ fees and court costs. Any tax liability resulting from winnings in connection with your ClubJACK™ account remains and always is your personal obligation.
11. From time to time, we will disclose information to third parties about your ClubJACK™ account, your transactions relating to your ClubJACK™ membership and other information regarding your Club Benefits (i) when you give us your written permission to do so; (ii) when we deem it necessary or appropriate in connection with providing Club Benefits or complying with legal process, complying with requirements imposed by the Ohio Lottery Commission, the Ohio Casino Control Commission, the Michigan Gaming Control Board, or other government agencies; (iii) when working with our strategic partners to provide promotional and informational communications; (iv) when working with our business partners to facilitate or coordinate marketing and/or strategic business endeavors; or (v) when we otherwise deem it necessary or appropriate. We have no obligation to inform you of any such disclosure except when required by law to do so. JACK is not responsible for products or services offered by other companies that may participate in benefits, offers, or special promotions provided to members.
12. If you believe your ClubJACK™ card has been lost or stolen, you believe your ClubJACK™ card has been or may be used without your permission, or you suspect an error affecting your ClubJACK™ membership/account, you must telephone us immediately at 216-297-4777 and then follow up in writing within ten (10) business days after calling us at: JACK Entertainment LLC, Attn: ClubJACK™, 100 Public Square, Cleveland, OH 44113. When you write, you must provide your full name, account number, and specific issue. We must hear from you no later than ten (10) business days after you FIRST knew or should have known of the suspected error. We will investigate and respond to you within sixty (60) days. In the event of an error affecting your ClubJACK™ membership/account and provided JACK can verify that JACK is responsible for the alleged error, JACK will promptly take corrective measures. If you do not notify us within the 10-buisness-day time period, however, we will have no obligation to investigate or correct the suspected error.
13. Individuals who (i) have elected to become disassociated persons under Michigan law or are excluded by the Michigan Gaming Control Board; (ii) are excluded (voluntarily or involuntarily) by the state of Ohio, (iii) have elected to be placed on JACK’s list of self-excluded persons; or (iv) are otherwise barred from entry to any of our complexes, including any racino, casino, or hotel complex (each, an “Ineligible Individual”) are ineligible to be a ClubJACK™ member, and, thus, are ineligible for any Club Benefits. If a ClubJACK™ member becomes an Ineligible Individual, we will immediately cancel his/her membership and close his/her ClubJACK™ account. At such time, all unredeemed Club Benefits and balances will be forfeited and surrendered to us.
14. Your ClubJACK™ card is not a credit card. It cannot be used anywhere other than with JACK. Your ClubJACK™ account is not a bank account. It is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other agency. No interest accrues on any amounts that are in or associated with your ClubJACK™ account.
15. At its sole discretion, JACK may require you, at any time, to provide your current, valid driver’s license or other government-issued identification card, which contains the member’s name, photo, and other personal information.
16. By enrolling in ClubJACK™ and receiving a ClubJACK™ card, you are agreeing that JACK Entertainment LLC and its subsidiaries, affiliates, agents, and designees may use your name and/or likeness in any manner for publicity or promotional uses, without compensation (beyond the value of the redemption of vouchers awarded, if any).
17. You agree that our liability to you is limited as set forth elsewhere in the Rules and that, in any event, we will have no liability to you except in the case of our gross negligence or willful misconduct or as otherwise required by law, and that any liability that we might have to you will be limited to your actual damages; you will not be entitled to consequential, special, exemplary, incidental, or any other types of damages. You further agree that any claims you may have against us will be resolved by arbitration on an individual (not a class) basis and in accordance with the rules of the American Arbitration Association and without resort to any courts or administrative agencies.
18. If any provision of these Official Rules is found to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the balance of these Official Rules; instead, the balance of these Official Rules shall be construed as if not containing the particular invalid or unenforceable provision, and your rights and obligations and those of JACK shall be construed and enforced accordingly. These Reward Rules shall be governed by and construed in accordance with the applicable laws of the State in which the dispute arose (i.e., the applicable casino/racino), exclusive of its choice of law provisions.
19. No waiver by JACK of any provision of these Official Rules on any one occasion shall be deemed a waiver on any other occasion, nor shall the waiver of any one provision extend to any other provision.

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©2020, Jack Entertainment LLC.

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Trademarks used herein are owned by Jack Entertainment LLC and its affiliated companies.