WIND CREEK REWARDS TERMS AND CONDITIONS

1. These terms and conditions apply to the Wind Creek Rewards loyalty program (“WCR”). WCR is a free-to-join loyalty program that is administered by Wind Creek Hospitality (“Manager”).

MEMBERSHIP AND ACCEPTANCE OF TERMS AND CONDITIONS

2. These terms and conditions (“Contract”) govern your application to and participation in WCR. By applying to and/or participating in WCR, You agree that: (a) You have read and agree to be bound by the Contract which may be updated, changed, revised, modified, amended, or supplemented from time to time; (b) You agree to be bound by the decisions of the Manager relating to WCR and the Contract; and (c) You consent to and acknowledge that the collection, use and disclosure of your information by the Manager and the Wind Creek Affiliated Parties (defined below) will be done in accordance with the privacy policy at https://windcreek.com/privacy-policy.

3. The Manager reserves all rights, including but not limited to the right to update, change, revise, modify, amend, or supplement the Contract at any time in its sole discretion by posting the Contract here. By participating in WCR, You agree to be bound by all terms and conditions posted at https://windcreek.com/rewards/rewards-terms-and-conditions. If You disagree with any term or condition, your sole and exclusive remedy is to cease participation in WCR.

4. Other Terms (defined below) may be posted at https://windcreek.com/rewards or made available at a Participating Location and shall form a part of the Contract; provided, however, in the event of any conflict between Other Terms and the Contract, the Contract shall prevail and govern.

DEFINITIONS

5. For purposes of the Contract, the following symbol and words shall have the following meanings:

“$” means United States dollars.

“Account” means a WCR account assigned to a Member.

“Applicable Law” means any and all laws, ordinances, constitutions, regulations, statutes, treaties, rules, codes, permits, principles of common law, requirements, and orders adopted, enacted, implemented, promulgated, issued, entered, or deemed applicable by or under the authority of any governmental body having jurisdiction over You, WCR, the Manager, or any of the Wind Creek Affiliated Parties, in any way.

“Casinoverse” means the desktop website and application that can be accessed at https://windcreekcasino.com/.

“Casino Gaming” means in-person gaming activity including but not limited to table games, slot machines and other electronic gaming machines at a Participating Location.

“Contract” means the terms and conditions posted at https://windcreek.com/rewards/rewards-terms-and-conditions.

“Exclusion List” means the state gambling exclusion list identifying either legally banned individuals or self-excluded individuals of any jurisdiction in which the Wind Creek Affiliated Parties operate or the internal gambling exclusion list identifying individuals banned from casino gaming of the Wind Creek Affiliated Parties.

“Manager” means Wind Creek Hospitality.

“Member” means an individual registered to participate in WCR.

“Membership” means participation in WCR as a registered Member.

“Other Gaming” means gaming activity via an online Participating Location.

“Other Terms” means any terms, conditions, rules, and policies, which apply to WCR but are not stated here.

“Participating Location” means any location or outlet participating in WCR, including but not limited to Casinoverse and the following Manager properties: Magic City, Wind Creek Chicago Southland, Wind Creek Casino & Hotel Atmore, Wind Creek Casino & Hotel Wetumpka, Wind Creek Casino & Hotel Montgomery, Wind Creek Casino & Resort Bethlehem, Renaissance Wind Creek Aruba Resort, and Renaissance Wind Creek Curaçao Resort.

“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

“Reward” means any benefit, comp, credit, discount, reward, perk, promotional gift, point, service, token, or offer made available to a Member.

“Spend” means purchase activity related to non-gaming products or services at a Participating Location.

“WCR” means the Wind Creek Rewards loyalty program.

“Wind Creek Affiliated Parties” means any Person that is an affiliate of or controlled by, under the control of, under common control with, or managed by, the Manager, as well as any Participating Location, or any franchisee or licensee that is operating a Participating Location.

“You” means you as a Member or an applicant to register for Membership.

6. Words importing the singular include the plural and vice versa.

ELIGIBILITY

7. You must be 21 years of age or older in the United States and 18 years of age or older in the Caribbean to be eligible for Membership.

8. You must present valid, non-expired government-issued photo identification acceptable to the Manager in its sole discretion. Types of acceptable identification may include state-issued driver’s license, state identification card, passport, military identification card, or Poarch Creek Tribal identification card (only at select locations). In Caribbean locations, a passport is required for all non-residents of the Caribbean.

9. Individuals listed on an Exclusion List are ineligible for Membership.

10. Upon becoming ineligible, a Member immediately forfeits Membership and all Rewards.

MEMBERSHIP

11. You must register for Membership in person at a Participating Location.

12. You must use your own legal name; fictitious or false names are prohibited.

13. You may only have and use one (1) Account and may only use the Account for your personal, non-commercial purposes. Members may not allow any other Person to use the Member’s Account in any way.

MEMBER RESPONSIBILITIES

14. Members are responsible for selecting a personal identification number (“PIN”) for the Account and for keeping the PIN confidential and secure at all times. Members are also responsible for all transactions on the Account when the PIN is used, whether or not authorized by the Member. The Manager and the Wind Creek Affiliated Parties shall not be held liable for any transaction requiring the PIN.

15. The Manager and the Wind Creek Affiliated Parties shall not be responsible for lost or stolen cards, PINs, Rewards, or the fraudulent use of such, and the Manager reserves the right to limit duplicate cards issued to a Member.

16. It is the sole responsibility of the Member to confirm any Casino Gaming, Other Gaming, or Spend is credited to the Member’s Account. This includes properly: (a) presenting or inserting the WCR card or Account information, (b) entering the PIN, if applicable; and (c) confirming the Account is being recognized such that Casino Gaming, Other Gaming, or Spend is recorded.

17. Members are solely responsible for reporting and paying any applicable federal, state, or local taxes of any jurisdiction associated with Rewards.

REWARDS

18. Members may earn, receive, and redeem Rewards in accordance with the Contract (including Other Terms) subject to Applicable Law.

19. The Manager reserves the right, in its sole discretion, to adjust any Rewards based on any malfunction, miscalculation, mistabulation, error, misrepresentation, deception, collusion, or fraud in connection with a Member’s Account and/or Rewards. The Manager also reserves the right, in its sole discretion, to rescind, revoke or cancel a Member’s Account and void all or some of the Member’s Rewards at any time without notice.

20. Exclusions may apply to both earning and redeeming Rewards.

21. Members will receive personalized Rewards based upon various factors including but not limited to Casino Gaming, Other Gaming, and Spend.

22. Rewards are non-transferable. Rewards are only for the personal use of the Member listed on the Account.

23. To redeem Rewards, Members must: (a) present the Member’s WCR card and valid government-issued photo ID in person at the applicable Participating Location; or (b) enter the Member’s PIN at kiosks, outlets, and gaming machines at the applicable Participating Location.

24. Rewards do not constitute property of the Member, and Rewards may not be converted to cash.

25. Not all Rewards are redeemable.

26. Rewards are only available at Participating Locations; provided, however, Rewards may vary by Participating Location and a Participating Location may participate in WCR only in a limited manner.

27. The type of Onsite Gaming and Spend available varies by Participating Location.

28. The following types of Spend will not count towards earning Rewards: all alcohol and tobacco purchases, gift shop consignment purchases, purchases made using the Wind Creek Promo Gift Card. Additional exclusions may apply depending upon the Participating Location.

29. Birthday Rewards are provided based upon the Member’s date of birth reflected on the Account which is obtained from the photo identification presented at the time of registration for Membership.

30. Resort stay Rewards may only be used at a single Participating Location and may not be redeemed at multiple locations within the same calendar year.

31. Rewards are based upon availability and restrictions will apply, including but not limited to blackout dates.

32. Rewards in the form of a discount may be used for the purchase of spa-related retail products, subject to any exclusions, but not for the purchase of spa services at applicable Participating Locations.

33. Rewards in the form of show tickets must be redeemed in person, subject to any restrictions, at applicable Participating Locations.

34. Promotional gifts, colors, and quantities may vary.

DISCLAIMER AND LIMITATION OF LIABILITY

35. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MANAGER AND THE WIND CREEK AFFILIATED PARTIES DISCLAIM ANY AND ALL IMPLIED OR EXPRESS WARRANTIES REGARDING WCR AND ANY PRODUCTS OR SERVICES PURCHASED WITH REWARDS OR OTHERWISE OBTAINED VIA WCR, INCLUDING, WITHOUT LIMIATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MANAGER AND THE WIND CREEK AFFILIATED PARTIES DO NOT WARRANT THAT WCR OR REWARDS WILL BE ERROR-FREE OR UNINTERRUPTED.

36. SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MANAGER AND THE WIND CREEK AFFILIATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO WCR AND ANY PRODUCTS OR SERVICES PURCHASED WITH REWARDS OR OBTAINED VIA WCR, OR THE USE THEREOF, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

37. CERTAIN APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THUS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

38. THE MANAGER AND THE WIND CREEK AFFILIATED PARTIES ARE NOT RESPONSIBLE FOR PRODUCTS OR SERVICES OFFERED BY OTHER PERSONS THAT MAY PARTICIPATE IN REWARDS PROVIDED TO MEMBERS.

INDEMNIFICATION

39. You agree to indemnify, defend, and hold harmless the Manager and the Wind Creek Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees and court costs, resulting or arising from or relating to any of: (a) a breach of the Contract by You; (b) a breach of any Applicable Law by You; or (c) any acts or omissions by You.

DISPUTES

40. You agree that any dispute arising out of the Contract or WCR shall be submitted to the Manager and the Manager’s decision on any dispute or matter arising out of the Contract or WCR will be final and binding on You. You agree that any claim arising out of or related to the Contract or WCR must be made within one (1) year of the event or occurrence upon which the claim is based or be forever barred.

41. You, the Manager, and the Wind Creek Affiliated Parties each irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to the Contract or WCR.

GENERAL

42. The Contract contains the entire agreement between You, the Manager, and the Wind Creek Affiliated Parties relating to WCR.

43. If any provision of the Contract is illegal, invalid, or unenforceable: (a) the provision shall be enforced to the maximum extent possible; and (b) the legality, validity and enforceability of the remaining provisions of the Contract shall not be affected and shall remain in full force and effect.

44. The failure of the Manager to insist upon strict adherence to any provision of the Contract shall not constitute a waiver of the provision or limit the Manager’s right thereafter to insist upon strict adherence to the same or any other provision of the Contract.

45. You may reach out to the Manager via the methods posted at https://windcreek.com/contact-us.