TERMS AND CONDITIONS

By accessing or using THE QUEEN CASINO & ENTERTAINMENT INC., draftkingsatcasinoqueen.com (the “Website”), you agree to be bound by the following terms and conditions governing use of the Website (the “Terms of Use”). If you do not agree to these Terms of Use, you should not use or access the Website.

USE OF WEBSITE

The content on the Website is for general information purposes only and is for your personal and non-commercial use. You may only use the Website in accordance with these Terms of Use, and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of THE QUEEN CASINO & ENTERTAINMENT INC., its subsidiaries or affiliates or others.

You may not directly or indirectly interfere or attempt to interfere with the proper working of the Website, and you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you represent and warrant that, without the prior written consent from an authorized representative of THE QUEEN CASINO & ENTERTAINMENT INC., you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms); or use any metatags or any other “hidden text” utilizing THE QUEEN CASINO & ENTERTAINMENT INC.’s name, trademarks, service marks, or trade names.

PROPRIETARY INFORMATION

As between you and THE QUEEN CASINO & ENTERTAINMENT INC., all content on the Website, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by THE QUEEN CASINO & ENTERTAINMENT INC., unless otherwise expressly indicated on the Website and is protected as a compilation under the copyright laws of the United States and international copyright laws. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website.

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of THE QUEEN CASINO & ENTERTAINMENT INC., its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission. THE QUEEN CASINO & ENTERTAINMENT INC. reserves all rights not expressly granted in and to the Website and its content.

USER SUPPLIED CONTENT

You understand and acknowledge that you are solely responsible for any and all information, data, text or other materials or content that you provide to THE QUEEN CASINO & ENTERTAINMENT INC., and THE QUEEN CASINO & ENTERTAINMENT INC., is not responsible nor liable for such user supplied content. When you post or transmit information through the Website, you grant THE QUEEN CASINO & ENTERTAINMENT INC., an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license to use such information for any purpose, except for such restrictions as are set forth in these Terms of Use.

You agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Website. THE QUEEN CASINO & ENTERTAINMENT INC., reserves the right, but does not assume the obligation, to remove, edit or relocate any user supplied content at its sole discretion. Use by United States Residents.

This Website has been published in the United States and is directed towards residents of the United States. You agree to use the Website in accordance with all United States federal, state and local laws and these Terms of Use. If you access the Website from outside of the United States, you do so at your own risk and are responsible for complying with all applicable local laws.

PERMITTED USERS AND AGE POLICY

Certain areas of this website involve casino activities that are intended only for persons aged 21 and over. Casino contests, activities, promotional programs and room rentals are strictly limited to persons aged 21 and over. Proper ID may be requested from individuals while they are on the premises of THE QUEEN CASINO & ENTERTAINMENT INC.’s casinos. If you are under the age of 21, do not access, attempt to access or participate in any of those website areas involving casino activities. By continuing, you hereby release THE QUEEN CASINO & ENTERTAINMENT INC., its affiliates and the creators of this Website from any and all liability for your use or access to the Website.

THE QUEEN CASINO & ENTERTAINMENT INC., strongly supports parental control of the internet and, if you are a parent and do not want your children viewing this Website, consult the filtering software companies, such as: Net Nanny and Cybersitter. Net Nanny and Cybersitter are third party service providers that are not affiliated with THE QUEEN CASINO & ENTERTAINMENT INC., or any of its subsidiaries or affiliates and THE QUEEN CASINO & ENTERTAINMENT INC., does not assume any obligation with respect to the services provided by such providers.

RESPONSIBILITY FOR ACCOUNTS

This Website has links to the websites of the properties owned and operated by us and our subsidiaries in the United States. If you have created an account on one of the property’s website, you are responsible for maintaining the confidentiality of your sign-in information and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify such property of any unauthorized uses of your account. Further, to cancel an account contact the property and follow the necessary cancellation procedures.

LINKS

The Website, including these Terms of Use, may have links to third party websites or resources. Links do not constitute endorsements by THE QUEEN CASINO & ENTERTAINMENT INC., of any third party websites accessible through such links, their content or any products or services made available thereon. If you access another website from this Website, you hereby release THE QUEEN CASINO & ENTERTAINMENT INC., from any and all liability for your use of any link. THE QUEEN CASINO & ENTERTAINMENT INC., has no control over the content of outside websites. You agree and acknowledge that THE QUEEN CASINO & ENTERTAINMENT INC., is not responsible or liable for any content or related materials contained on any of these third party websites. Different terms and conditions may apply to your use of any linked sites.

NO WARRANTY

THE CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE QUEEN CASINO & ENTERTAINMENT INC., ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE. LIMITATION OF LIABILITY THE QUEEN CASINO & ENTERTAINMENT INC., ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH BROWSING OR OTHER USE OF THE WEBSITE OR ITS CONTENT OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ERRORS, INACCURACIES, OMISSIONS OR MISLEADING STATEMENTS. USERS OF THE WEBSITE EXPRESSLY UNDERSTAND AND AGREE THAT SUCH USE IS AT THEIR OWN RISK AND THAT

THE QUEEN CASINO & ENTERTAINMENT INC. SHALL NOT BE LIABLE TO ANY USER OF THE WEBSITE FOR ITS CONTENT, OR TO ANY THIRD PARTY, FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFIT OR REVENUE, HOWEVER SUCH DAMAGES ARISE, THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR OTHER INFORMATION OBTAINED, DOWNLOADED, LINKED OR OTHERWISE ACCESSED THROUGH THE WEBSITE, EVEN IF THE QUEEN CASINO & ENTERTAINMENT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. THE QUEEN CASINO & ENTERTAINMENT INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTIES OFFERING SERVICES ON THE WEBSITE. THE QUEEN CASINO & ENTERTAINMENT INC. SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.

INDEMNIFICATION

You hereby agree to indemnify, defend, release and hold harmless THE QUEEN CASINO & ENTERTAINMENT INC., its subsidiaries and affiliates and its and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages and/or costs and expenses (including, but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of the Website or access by others to the Website under your authority or control or using your account or (ii) content or other information you submit, disclose, discuss or provide on the Website.

DISCLAIMERS

The Website allows you to access and view content, including but not limited to benefit and rewards information, reservations, RSVPs, online purchases, transaction history and other related information. The content contained on the Website is not guaranteed by THE QUEEN CASINO & ENTERTAINMENT INC. to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.

No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the Website.

POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify THE QUEEN CASINO & ENTERTAINMENT INC. by providing our designated Copyright Agent with the written information specified below:

• 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 are covered at the Website by a single notification, a representative list of such works at the Website;
• 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 QUEEN CASINO & ENTERTAINMENT INC. to locate the material;
• Information reasonably sufficient to permit THE QUEEN CASINO & ENTERTAINMENT INC. to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• 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.

THE QUEEN CASINO & ENTERTAINMENT INC.’s designated Copyright Agent for notice of claims of copyright infringement is: Legal Department, THE QUEEN CASINO & ENTERTAINMENT INC.

TERMINATION OF ACCESS

You acknowledge that THE QUEEN CASINO & ENTERTAINMENT INC. may terminate your access to this Website at any time, for any reason, with or without cause.

CHANGES TO WEBSITE

THE QUEEN CASINO & ENTERTAINMENT INC. reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Website or its content at any time, in its discretion, without notice. Your continued use of or access to the Website or its content constitutes your acceptance of any modifications to these Terms of Use. You are responsible for remaining knowledgeable as to any modifications that THE QUEEN CASINO & ENTERTAINMENT INC. may make to these Terms of Use. Your sole remedy should you not consent to a modified term of these Terms of Use is to cease use of or access to the Website or its content. The most current Terms of Use will be available at all times through the Website and will supersede all previous versions of these Terms of Use.

WAIVER

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by THE QUEEN CASINO & ENTERTAINMENT INC. Any waiver of any provision of these Terms of Use shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by THE QUEEN CASINO & ENTERTAINMENT INC. in such signed written waiver.

ADDITIONAL TERMS

Additional terms, conditions and disclaimers regarding the use of Website functions may appear within the body of the Website and are incorporated herein by reference.

INVALIDITY OF TERMS

If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

RESPONSIBLE GAMING

THE QUEEN CASINO & ENTERTAINMENT INC. is committed to a policy of Responsible Gaming. While THE QUEEN CASINO & ENTERTAINMENT INC. recognizes that the overwhelming majority of customers participate in our various forms of recreation and amenities in a responsible and rational manner, there are a very small proportion who do not. For those seeking more information on responsible gambling/betting, or assistance with these issues, please visit our Responsible Gaming page.

QUESTIONS, COMMENTS, COMPLAINTS OR SERVICE ISSUES

If you have any questions, comments, complaints or service issues pertaining to the Website, please contact THE QUEEN CASINO & ENTERTAINMENT INC. at:

THE QUEEN CASINO & ENTERTAINMENT INC.
INFORMATION SYSTEMS DEPARTMENT
200 FRONT STREET
EAST ST. LOUIS, ILLINOIS 62201
(618) 874-5000