Terms & Conditions
Updated: June 15, 2021
2. INTELLECTUAL PROPERTY RIGHTS
All content and materials on the Website, including without limitation, images, text, audio, video, logos, trademarks, service marks, and the arrangement of such content or materials are the exclusive property of Resorts World Las Vegas, its affiliates or third-party licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, republish, display, download, scrape, frame, distribute, transmit, transfer, license, sell, or create derivative works of the content or materials on the Website, in whole or in part, without our express prior written consent. Unauthorized use of any of our trademark, service mark, trade name, or trade dress is strictly prohibited.
3. ACCEPTABLE USE POLICY
The Website contains interactive features or links to such features such as SMS messaging, email services, a chat area with our virtual assistant, and our social media pages. By using the Website or participating in any interactive feature, you agree you will not engage in any of the following prohibited conduct:
- Upload, post, or transmit any comment, statement, or material that is discriminatory or hateful
- Upload, post, or transmit any comment, statement, or material that is unlawful, false, inaccurate, fraudulent, defamatory, libelous, vulgar, obscene, indecent, pornographic, or invasive of another’s privacy
- Harass, threaten, abuse, or torture others
- Discuss or encourage activities that may result in bodily injury, death, damage to personal or real property, or a violation of any law, regulation, statute, or ordinance
- Impersonate another person or entity or otherwise misrepresent your identity, including your affiliations with another person or entity
- Upload, post, or transmit any material that may infringe upon the rights of a third-party
- Upload, post, or transmit any material that contains malware, viruses, worms, Trojan horses, or similar software or program designed to interfere, interrupt, intercept, corrupt, or destroy any functionality or feature of or on the Website
- Take any action that would unreasonably limit or burden the Website
You acknowledge and agree that content or materials that you submit, upload, post, or otherwise transmit to us will not be confidential. You further agree that when you submit, upload, post, or otherwise transmit content or materials to us, you expressly and automatically grant us an irrevocable, perpetual, and royalty-free license to use, copy, modify, reproduce, republish, display, distribute, transmit, or create derivative works of such content or materials, in whole or in part, for commercial or non-commercial purposes, without compensation to you. You agree to waive any “moral rights” to the fullest extent permitted under applicable law for all content and materials that you submit, upload, post, or otherwise transmit to us.
We reserve the rights, but not the obligation, to review, monitor, remove, or edit any content or materials that you or other users submit, upload, post, or otherwise transmit to us, at any time and for any reason.
4. THIRD-PARTY WEBSITES
We may provide links to third-party websites, which we do not own or operate, on the Website for your convenience. We may also remove links to any third-party websites at our sole discretion at any time. By providing such links, we make no representation or warranty as to the accuracy, functionality, intended purpose, or security of such third-party websites, and we expressly disclaim any responsibility for any harm that results from your use of any third-party website. We do not endorse, approve, sponsor, or recommend any content or materials on any third-party websites.
5. PROMOTIONAL OFFERS
From time to time, we may publish certain promotions or other offers on the Website. All such promotions or offers are subject to specific terms, conditions, restrictions, and/or limitations, which will be provided separately. Notwithstanding the foregoing, all such promotions and offers may be withdrawn or changed at any time, with or without prior notice to you. We expressly disclaim any responsibility for any errors or omissions, typographical or otherwise, regarding the pricing, availability, or other information related to such promotions or offers.
You acknowledge and agree that your access and/or use of the Website is solely at your own risk. All content, materials, and other information (including without limitation, rates or fees) made available on the Website are provided “as is” and on an “as available” basis, without representations or warranties of any kind regarding their accuracy (typographical error, omission, or otherwise), reliability, usefulness, completeness, or suitability for your intended purpose. We do not represent or warrant the services, functionalities, or interactive features of or associated with the Website, including any links to third-party websites, will be error-free, reliable, uninterrupted, secure, or free of viruses or other similar harmful software or programs. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
Neither Resorts World Las Vegas, nor its parents, subsidiaries, affiliated entities, and each of their respective officers, directors, executives, employees, agents, insurers, representatives, successors, and assigns shall be liable under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation damages for loss of business, loss of data, lost revenue, or lost profit) that result from or are in any way related to the Website, the use or attempted use of the Website, or reliance on the Website, even if you have been advised of the likelihood of the occurrence of such damages or such damages are foreseeable. Your sole remedy for any dispute, claim, or dissatisfaction arising from your access or use of the Website is to cease accessing or using the Website immediately.
9. GOVERNING LAW AND JURISDICTION
Updated: June 15, 2021
This Policy applies only to Resorts World Las Vegas and does not apply to services provided by our affiliated properties. While this Policy describes our general privacy practices, some jurisdictions may have more restrictive privacy-related laws and regulations. Please refer to the following appendices for additional information:
- Appendix A: California Consumer Privacy Act
- Appendix B: Nevada Internet Privacy Act
- Appendix C: General Data Protection Regulation
2. How We May Collect Personal Information
In connection with providing our Services or other information you request, we may collect information that can be used to identify you individually or make you identifiable (collectively, "Personal Information"). A representative, non-exhaustive list of the categories and sources of Personal Information we may collect includes, but is not limited to:
2.1 Information You Voluntarily Provide to Us
- Identifying Information. You may provide Personal Information to us when you visit, use, or access our Services, such as subscribing to our marketing communications, registering for Genting Rewards, making a reservation, checking-in at our property, entering in special offers and promotions, or providing responses to surveys. Examples of Personal Information we may collect are: first name, last name, mailing address, telephone number, email address, date of birth, travel dates, reservation details, as well as scanned images of passport, driver’s license, or other government-issued identification. If you are a member of Genting Rewards, we may also collect information about your username and password, prior stay details, and special services or amenities you request(ed).
- Payment and Transaction Information. You may provide Personal Information to us when you purchase our Services or engage in other transactions with us, such as applying for casino credit or gaming on our property. Examples of Personal Information we may collect are: credit or debit card information, financial account number, social security number, employment information, and history of gaming activity. A third-party service provider may obtain, process, and store this information solely for the purpose of processing the transaction in a secured manner.
- Employment Application Information. You may provide Personal Information to us when you apply for a job with us. Examples of Personal Information we may collect are: your employment and education history.
2.2 Information Automatically Collected
We, or our third party service providers, may automatically collect Personal Information from or about you to understand how you interact with our Services, in order to optimize the functionality and performance of our online Services, troubleshoot technical issues, provide you with personalized experiences, and for analytics purposes.
- Device and Wi-Fi Information. When you visit, use, or access our online Services, we may automatically collect server log file and related information such as: device type and identification number, operating system, browser type and plug-in, Internet Protocol (IP) address, Media Access Control (MAC) address, domain server, session time, bandwidth used, websites you visit, and geolocation data.
- Do Not Track. Your browser may have settings that allow you to send "Do Not Track" requests to websites that you visit. At this time, we do not monitor or take action with respect to "Do Not Track" signals. This means we may automatically collect information about your online activity, both while you are using our Services and after you leave our Services.
2.3 Information Collected from Third Parties
We may collect Personal Information about you from other sources when you connect or are directed to our Services from third party websites, applications, service providers, or our business partners. These third parties may have separate privacy practices that are independent of this Policy. We are not responsible for the privacy practices of any third party, including websites or applications operated by our business partners. We recommend reviewing the privacy policies of these third parties prior to using or providing Personal Information through those websites or applications.
2.4 Other Information We May Collect
When you post, like, comment, or otherwise respond to content on our social media pages, we may collect Personal Information such as: your name, alias, social media profile, as well as images, videos, and audio recordings of you.
3. How We May Use Personal Information
3.1 Provide You with Our Services.
Examples of how we may use Personal Information to provide you with our Services include, but are not limited to:
- Contacting you with details and updates about your reservation
- Responding to inquiries, comments, disputes, or claims relating to our Services
- Communicating with you for marketing purposes, such as sending you special promotions and offers
- Processing payment for your reservation or facilitating other transactions
- Creating and maintaining a customer profile that is accurate and complete to personalize the Services you would want to use
- Administering our Genting Rewards, such as managing your choices for earning and using your benefits as part of our Genting Rewards
- Performing credit and background checks in limited situations, such as during the review of your casino credit application
- Administering our online Services, such as maintaining its security and optimizing user experience
- Analyzing trends and usage data relating to our Services to perform statistical studies about our customers in aggregate
- Conducting analytics and other research to improve or develop new products and services
3.2 Other Purposes.
Examples of how we may use Personal Information for other purposes that are not in connection with our Services include, but are not limited to:
- Safety and security purposes
- Complying with legal and regulatory requirements
- Satisfying our contractual obligations with third-parties
- Protecting and defending Resorts World Las Vegas and its affiliates against legal actions or claims
- Internal business purposes, such as audits and fraud prevention
- Evaluating candidates who submitted applications for career opportunities
3.3 Sale of Personal Information.
At this time, we do not engage in the sale of personal information, as the term "sale" is defined by applicable laws.
4. How We May Share Personal Information
4.1 Our Affiliates.
We may share Personal Information with our affiliates, for the purposes described in this Policy, consistent with our goal of providing you with exceptional customer service.
4.2 Non-Affiliated Business Partners.
We may share Personal Information with non-affiliated business partners so that they can perform certain functions on our behalf in connection with our Services including, but not limited to:
- Processing transactions and fulfilling your requests
- Providing IT, security, and customer service support
- Performing credit and background checks
- Marketing and advertising purposes
- Analytics and research for improving user experience or development of new services
4.3 Government Authorities and Third Parties.
We may share Personal Information if it is reasonably necessary to comply with legal, regulatory, and administrative requirements including, but not limited to:
- Responding to a subpoena, warrant, court order, or other valid legal process
- Cooperating with law enforcement investigations
- Protecting against fraud, security threats, and other risks
- Protecting our operations, property, and other safety purposes
- Protecting and defending Resorts World Las Vegas and its affiliates against legal actions or claims
- Pursuing our rights such as the collection of debts
- Enforcing our Terms of Service and other policies
4.4 Business Transfers, Bankruptcy, or Reorganization.
We may share and transfer Personal Information to a third party, such as a successor in interest, in the event of a business transfer, merger, acquisition, bankruptcy, joint venture, or other purchase or sale of all or a any portion of our business interests or assets.
5. Marketing and Communication Preferences
If you no longer wish to receive marketing-related communication from us, or do not want us to share your Personal Information for marketing purposes, you may opt-out by following the unsubscribe instructions included in such communication or by contacting us at the information provided below. Please note that while you may opt-out of the use and sharing of Personal Information for marketing purposes, we may still use and share your Personal Information for non-marketing purposes described in this Policy.
6. Security and How We Protect Personal Information
We take commercially reasonable precautions to protect Personal Information we collect from unauthorized access, deletion, disclosure, modification, or otherwise improper use. We have implemented commercially available, industry standard security measures in our effort to protect your Personal Information. We also depend on you to keep your Personal Information secure by not sharing any applicable username and password in connection with our Services. By using our Services, you understand and acknowledge that no system, security measure, and transmission of data over the Internet or wireless network, is impenetrable or 100% secure. Accordingly, we cannot guarantee and do not warrant that any information you provide to us would not be compromised in the event of a security breach. If you have reason to believe that your Personal Information have been compromised, you may contact us at the information provided below.
7. Legal Gaming Age and Information About Children
Our online Services and gaming-related activities at our property are not directed to or intended for persons under the age of twenty-one (21). In addition, we do not knowingly collect Personal Information from children under the age of thirteen (13). If you are the parent or guardian of a child under the age of thirteen (13) and believe that the child has provided us with Personal Information, you may contact us at the information provided below to request that the child’s Personal Information be deleted from our records.
8. Changes to this Policy
We reserve the right to update this Policy at any time and without notice. All changes will be effective as of the date at the top of this Policy.
9. Contact Us
If you have any question or concern regarding this Policy, please contact us at:
Resorts World Las Vegas
Attn: Legal Department
3000 Resorts World Las Vegas
Las Vegas, NV 89109
APPENDIX A: NOTICE TO CALIFORNIA CONSUMERS
The terms of this Appendix apply only to consumers who are residents of California under the California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws (collectively, "California Laws"). Under California Laws, you may exercise three privacy rights: (i) Access, (ii) Deletion, and (iii) "Do Not Sell My Personal Information," (collectively, "Rights"). These Rights are described in more details below. These Rights are not absolute and may be subject to certain exceptions.
2. Categories of Personal Information and Purposes
See section two (2) and three (3) of this Policy.
You have the right to request that we disclose to you the following: (i) categories of Personal Information we have collected, sold, or disclosed about you, (ii) categories of sources from which the Personal Information was collected, (iii) business or commercial purpose for collecting or selling the Personal Information, (iv) categories of third parties with whom we shared, sold, or disclosed the Personal Information, and (v) specific pieces of Personal Information we have collected about you.
We are required to respond to only two (2) verifiable Access requests received from you within each 12-month period. In connection with each verifiable Access request, we will disclose Personal Information covering the 12-month period preceding the date that we receive your request. However, we are prohibited from disclosing certain Personal Information including, but not limited to: (i) account password, (ii) security questions and answers, (iii) Social Security number, (iv) driver’s license number or other government-issued identification number, and (v) financial account number.
You have the right to request that we delete Personal Information that we have collected about you, subject to certain exceptions recognized under the CCPA. These exceptions include, but are not limited to: (i) providing goods or services requested by you, (ii) detecting security incidents, (iii) protecting against and prosecuting those responsible for malicious, deceptive, fraudulent, or illegal activity, (iv) enabling solely internal uses, and (v) complying with legal obligations.
As part of a verifiable Deletion request, we will also direct our service providers to delete your Personal Information from their records.
5. Do Not Sell My Personal Information
You, or an authorized person acting on your behalf, have the right to opt-out at any time, by directing us not to sell your Personal Information to third parties. At this time, we do not sell Personal Information.
6. Verification of Requests and Recordkeeping
If you would like to exercise any of your Rights detailed above, you may submit your request by contacting us at:
Resorts World Las Vegas
Attn: Legal Department
3000 Resorts World Las Vegas
Las Vegas, NV 89109
To protect the privacy and security of your Personal Information, such as from unauthorized access or deletion, all requests are subject to verification of your identity. Therefore, we may ask you to provide at least two (2) pieces of information that match Personal Information we have about you as part of our records. In certain cases, we may require additional identifying information to comply with your request.
We aim to respond to all verified requests for Access or Deletion of your Personal Information within 45 days from the date we receive your request. If an extension of up to an additional 45 days is necessary, we will notify you and provide an explanation for the delay. The delivery of Personal Information in connection with an Access request may be made by either postal mail or email. Verified requests for Access or Deletion are free of charge. However, we may charge a reasonable fee or refuse to act on a verified request if it is excessive, repetitive, or manifestly unfounded. Pursuant to CCPA, we are required to maintain records of your request to exercise any of your Rights for at least twenty-four (24) months.
We will not discriminate against you for exercising your Rights.
APPENDIX B: NOTICE TO NEVADA CONSUMERS
The terms of this Appendix apply only to consumers who are residents of Nevada. Under the laws of the State of Nevada, you have the right to opt-out of the sale of your Personal Information at any time, by directing us not to sell your Personal Information to third parties. At this time, do not sell Personal Information.
APPENDIX C: NOTICE TO INDIVIDUALS BASED IN THE EU/EEA
The terms of this Appendix apply only to the processing of Personal Information of data subjects, as defined by the General Data Protection Regulation ("GDPR"). Under GDPR and other applicable laws, individuals who resides in or are a citizen of a European Union (EU) Member State or European Economic Area ("EEA") may exercise certain rights ("Rights") as set forth in details below. These Rights are not absolute and may be subject to certain exceptions.
2. Additional Notices
Data Controller. If you are a customer of Resorts World Las Vegas, the Data Controller for purposes of the GDPR is:
Resorts World Las Vegas
Attn: Legal Department
3000 Resorts World Las Vegas
Las Vegas, NV 89109
Purposes and Legal Bases for Processing Personal Information. We may process your Personal Information for the purposes described in this Policy and only where we have a legal basis for doing so. This includes processing Personal Information (i) pursuant to your consent, (ii) where it is necessary for the performance of a contract with you, (iii) for compliance with a legal obligation, or (iv) pursuant to our legitimate interests in providing you with Services that you have requested and administering the Genting Rewards you have voluntarily joined.
Retention Period of Personal Information.
The objective of our data retention and deletion policy is to ensure that Personal Information are stored only for as long as necessary to fulfill the purpose for which they were collected. This may include retaining Personal Information for a limited period after the specific purpose has been satisfied in order to fulfill other legitimate purposes described in this Policy, such as resolving disputes, exercising or enforcing our rights within the applicable statute of limitation, defending against legal claims, or complying with legal and regulatory obligations. We may use other criteria to prevent unintentional deletions of customer data.
Transfer of Personal Information.
Any Personal Information you provide to us may be transferred to and stored outside of the EU/EEA, in most cases the United States, and only where we can provide appropriate safeguards to protect your Personal Information.
3. Right of Access
You have the right to request that we disclose to you and provide a copy of record that includes the following: (i) whether your Personal Information are being processed, (ii) categories and purposes of Personal Information that were processed, (iii) recipients or categories of recipient with whom we had or will disclose Personal Information to, (iv) the length of time your Personal Information are stored, and (v) the source of Personal Information if we did not collect them directly from you.
4. Right to Rectification
You have the right to request that we rectify any inaccurate or incomplete Personal Information about you without undue delay.
5. Right to Erasure ("Right to be Forgotten")
You have the right to request that we delete your Personal Information without undue delay, provided that one of the following is applicable: (i) the purpose in which your Personal Information were collected or processed in no longer necessary or had been unlawful, (ii) you withdraw your consent, (iii) you have a valid objection to the processing of your Personal Information, or (iv) we are obligated to delete your Personal Information to comply with applicable law.
6. Right to Restriction of Processing
You have the right to request that we restrict the processing of your Personal Information, provided that one of the following is applicable: (i) you do not believe the Personal Information we have is accurate, or (ii) there is no legal bases for processing your Personal Information but you do not wish to delete the Personal Information.
7. Right to Data Portability
If the processing of your Personal Information is based on your consent and conducted by automated means, you have the right to request that we provide you with a copy of your Personal Information in a structured, commonly used, and machine-readable format that would allow you to transfer such information to a third-party without hindrance, provided that such method is technically feasible.
8. Right of Objection
You have the right to request that we stop processing your Personal Information, unless we demonstrate a compelling reason to continue the processing of such information that outweighs your interests, rights, and freedom, or in order for us to establish exercise or defend against legal claims.
You may also direct us to stop processing your Personal Information where such information is processed for direct marketing purposes, including any profiling related to the direct marketing.
Unless you provide your explicit consent or it is necessary for us to satisfy our contractual obligation to you, we will not make any decisions based solely on automated processing, including profiling, that affect or significantly affect your legal rights.
9. Right to Lodge a Complaint
While we hope you would be open to discussing your Rights with us and giving us the opportunity rectify any oversight, you have the right to lodge a complaint with a supervisory authority.
Even where you have previously provided us with your consent and agreed to the processing of your Personal Information, you may withdraw such consent at any time by contacting us at the information provided below.
11. Exercising Your Rights
If you would like to exercise any of your Rights detailed above, you may submit your request by contacting us at:
Resorts World Las Vegas
Attn: Legal Department
3000 Resorts World Las Vegas
Las Vegas, NV 89109
SMS Terms of Service
To join the Resorts World Las Vegas Promo Alerts program and receive SMS messages, you can opt-in by texting the short codes listed below. Once you opt-in, we will send you an SMS message to confirm your subscription.
- STYFAB (789322) – Use this short code to sign up for promotions, coupons, surveys, and other offers at our Hotel, Casino, Restaurants, Retail Shopping, and Pool & Spa.
- RW777 (79777) – Use this short code for transactional communications such as receipts for reservations at our Hotel, Restaurants, and Pool & Spa.
- RW888 (79888) – Use this short code to interact with Red, our virtual assistant, to receive near real-time information about Resorts World Las Vegas.
- RW1971 (791971) – Use this short code to share any feedback or suggestions you may have about Resorts World Las Vegas. We would love to hear from you as to how we can make your journey at Resorts World Las Vegas a truly fabulous and memorable one.
- RWLV1 (79581) – This short code is reserved for Resorts World Las Vegas Team Members to receive internal communications and to interact with Red, our virtual assistant. Additional authentication protocols may apply.
2. Canceling SMS Services
You can cancel the SMS services at any time by texting "STOP" to the short code you had opted into. Once we receive your request to opt-out, we will send you a final SMS message to confirm that you have been unsubscribed. You can re-join at any time by texting the short codes listed above.
3. Technical Support
If you experience any issues or technical difficulties with our SMS services, text “HELP” for additional assistance, or you can contact us at [email protected] or call 1-844-GENTING (436-8464).
4. Additional Information
We are not responsible for any delayed or undelivered SMS messages. DO NOT USE OUR SMS SERVICES FOR ANY EMERGENCY. SMS message frequency may vary by short codes. SMS message and data rates may apply for messages you send to or receive from us. If you have any questions about your SMS message or data plan, please contact your wireless provider directly.
Genting Rewards Rules
- Resorts World Las Vegas (“RWLV”) Genting Rewards Las Vegas program (hereafter referred to as “Genting Rewards”) is free and available to individuals aged 21 or above that present a valid Federal or State issued picture I.D. or valid passport.
- Genting Rewards Las Vegas operates independently from all other Genting Rewards programs and program points and benefits cannot be automatically redeemed or recognized at Genting Rewards programs operating outside of RWLV.
- A valid e-mail address is required for membership. The same e-mail address can not be used for multiple user accounts.
- Valid Federal or State issued picture I.D. or valid passport is required for offer redemption, member account inquiry and use of membership benefits of the card.
- The benefits of the Genting Rewards card are intended for the use of the person listed on the account (member). Points, rewards, invitations, badges, and all other items that are a result of membership are non-transferable by sale, assignment or otherwise and are the property of RWLV and must be returned upon the request RWLV. The member may not allow any other person to engage or transact using his or her card. Doing so may result in termination of all benefits.
- RWLV is not responsible for lost or stolen cards, including the misuse of lost or stolen cards.
- The member is responsible for keeping their PIN confidential and secure and is responsible for any transactions accessed using the PIN.
- Members can earn points by playing slots, tables, or presenting their Genting Rewards information to participating retail and F&B outlets. Points earned vary by activity and outlet. See Cage & Loyalty Services for full details.
- Point balances can be viewed on slot machine, kiosk, Loyalty web portal, by visiting Cage and Loyalty Services or in the Resorts World Las Vegas app.
- Genting Points in an account will expire and be deleted if there is no on-property point earning activity in the account for a period of 6 months (the “Expiration Policy”) for Genting Rewards Members who have not reached a milestone. Points will expire after 12 months of no on-property point earning activity for Genting Rewards Members in the Fabulous, The Icon, The A-lister, The Champion and the Ace milestones or Crockfords card level. RWLV may change the Expiration Policy at its discretion with or without notice.
- A maximum of 20,000,000 Genting Points can be earned through table games play per calendar year.
- Genting Rewards members may earn additional benefits by achieving milestones. Milestones can be achieved by earning points and/or through qualified hotel nights at Resorts World Las Vegas. The Genting Points and/or number of hotel stays required to achieve each milestone and a list of milestone benefits can be viewed at Cage & Loyalty Services or www.rwlasvegas.com
- The earning period for milestones is a fixed period from June 1 to May 31 the following year. This period is known as the “milestone qualifying year.”
- Once a milestone is achieved it is valid for the remainder of the milestone qualifying year, as well as the duration of the following milestone qualifying year.
- Only base points earned will be included in the milestone earning calculation. Genting points earned due to any type of point earning boost, award or similar are not included in the milestone earning.
- Point earning boosts through milestone benefits only apply to eligible slots and videopoker.
- Genting Rewards members are responsible for ensuring they are properly carded into gaming devices . It is the responsibility of the member to ensure proper use of the card. Any loss of communication between the slot system and the reward system will result in play not being rated and nullification of rewards for that play. Management reserves the right to make adjustments to the account due to computer error, machine malfunction, operator error, fraud or other errors including misuse of the Genting Rewards card.
- Genting Rewards members are responsible for presenting their loyalty card information at participating outlets to ensure the transaction earns are recorded in order to earn Genting Points and rewards.
- Genting Rewards points have no “cash value” and therefore no currency or coin will be issued in lieu of points.
- Genting Rewards members participating in select incentive programs provided through membership services, will not be eligible to earn Genting Rewards points. Membership services will notify guests in advance if this condition applies.
- RWLV reserves the right to cancel, modify or suspend this program in it its sole discretion without prior notice or liability, subject to applicable regulatory approval. Modifications to the program shall not materially alter or change rewards that have been redeemed or already earned. A complete set of updated rules and regulations, any amendments thereto will be made available on property and on rwlasvegas.com.
- RWLV reserves the right to deny application for membership or terminate membership at any time at its sole discretion.
- If any member has not complied with the rules, regulations and procedures of the program in any manner and/or there has been an occurrence of misuse of the Genting Rewards card, fraud, misrepresentation or improper conduct as determined by RWLV, at its sole discretion, RWLV may terminate the membership. In lieu of termination, RWLV may, at its sole discretion, deduct rewards points, rescind offers and/or downgrade the member’s account status but permit the individual to remain a member.
- RWLV may suspend membership benefits of Genting Rewards members who (a) have been issued credit and are in default in repayment of that credit, (b) have had check(s) cashed and returned for non-payment, or (c) are in any other way delinquent with respect to payments owed to RWLV. When the suspended member becomes current on all payments owed to RWLV, the membership benefits and/or reward points may be reinstated at the sole discretion of RWLV.
- Any Genting Rewards account discrepancies should be immediately reported to RWLV Cage & Loyalty Services personnel to be eligible for correction.
- Genting Rewards members should notify RWLV of any name, address, e-mail address, or telephone number changes to continue to receive information on RWLV/Genting Rewards offers, benefits or other promotions.
- All applicable sales taxes relating to awards received by the Genting Rewards member shall be the sole responsibility of the member.
- Genting Rewards members may be eligible for other promotions, incentives and/or real-time rewards that operate in association with the Genting Rewards program. All rules, conditions and procedures for these promotions will be detailed in the official rules of each specific associated promotion.
- Individuals who are excluded from casino facilities through a government program, on their own request, or at the sole discretion of RWLV are not eligible to participate in Genting Rewards.
- Certain team members of Resorts World Las Vegas are ineligible for membership in Genting Rewards as defined in the Resorts World Las Vegas Team Member Gaming Policy.
- Genting Rewards members participating in Cashless Play agree to be bound by those terms and conditions. They can be found at rwlasvegas.com
Updated on 6/13/2021
Purchase Order Terms and Conditions
Last updated August 12, 2020
You, the supplier/vendor (“Seller”), hereby agrees to provide the Products (as defined below) and/or Services (as defined below) purchased by Resorts World Las Vegas LLC (“Buyer”) pursuant to a valid and mutually agreed upon purchase order (“Purchase Order”). Such Purchase Order shall be subject to the following terms and conditions (“Terms and Conditions”), unless otherwise noted on the face of the Purchase Order. The terms of the Purchase Order are incorporated herein by reference. In the event of a conflict between the Purchase Order and these Terms and Conditions, these Terms and Conditions shall control.
- 1. ACCEPTANCE. The Purchase Order shall be deemed accepted by Seller when (a) Seller sends Buyer notice of its acceptance in writing; (b) when Seller begins commencement of work on the goods, merchandise or materials (collectively, "Products") and/or ancillary services related to such Products ("Services") purchased hereunder, or (c) shipment of the Products covered, whichever occurs first. UNLESS THERE IS ALSO A FORMAL WRITTEN AGREEMENT RELATED TO THE PURCHASE ORDER AND SIGNED BY BOTH PARTIES, SELLER'S ACCEPTANCE IS LIMITED TO ACCEPTANCE OF THESE TERMS AND CONDITIONS AND DOES NOT INCLUDE ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY SELLER OR ANY ATTEMPT BY SELLER TO VARY THE TERMS HEREOF.
- 2. PACKAGING. All packaging shall be in conformance with good commercial practice. All containers shall have attached identification, including the Purchase Order number and material descriptions. No charge shall be made for cartons, wrapping, packing, boxing, crating, delivery drayage or other costs, unless such charge is expressly approved by Buyer.
- 3. PRODUCT SHIPMENTS AND DELIVERIES. The Products shall be shipped by Seller in accordance with the shipment terms specified on the Purchase Order. The original bill of lading (referencing the Purchase Order number) and a packing list shall be delivered by Seller to Buyer at the "ship to" address on the Purchase Order as far in advance of the arrival of the Products as possible. Buyer is relying on manufacture, shipment, delivery, installation, and acceptance of the Products based on the schedule on the Purchase Order. Time is of the essence of the Purchase Order, and Seller must immediately notify Buyer of an anticipated failure to meet a shipment or delivery schedule. Seller shall not manufacture, ship or deliver Products in advance of any scheduled date without Buyer's written consent. Buyer, at Buyer's option, may refuse or return, at Seller's expense, all or any part of (i) shipments which do not conform to the shipping or delivery dates specified by Buyer (whether early or late); (ii) shipments in excess of the quantities ordered or in lesser quantities than ordered; (iii) shipments which contain defective Products or which fail to conform to the purchase order; or (iv) Products which are not as represented or warranted. Any storage or warehouse charges or other costs incurred by Buyer due to Seller's failure to comply with the terms specified in the Purchase Order will be at Seller's expense. Unless otherwise provided in the Purchase Order, goods shall be shipped "F.O.B. Destination, Freight Pre-Paid and Allowed" and all risk of loss of the Products purchased hereunder shall be borne by Seller until such Products have been received and accepted by Buyer at Buyer's receiving dock. Buyer may, at Buyer's option and at Seller's expense, refuse to accept or return any Products delivered or performed after the date(s) specified in the Purchase Order. Buyer shall not be liable for the purchase of Products or payment for Services refused, returned or rejected, as applicable, based upon the late delivery or performance. If Buyer's premises or the job site for which any Products is intended is not ready for deliveries, Seller, upon notice from Buyer, shall hold the Products for a reasonable period and at no additional cost, and Seller shall not be liable for any such delays in delivery.
- 4. INSPECTION & REJECTION. All Products and/or Services specified in this Purchase Order are subject to Buyer's inspection within a reasonable time after final delivery or completion. If, after inspection, any Products and/or Services, in Purchaser's sole and reasonable judgment, (a) are found to be unsatisfactory, defective or in unsatisfactory quality, workmanship or condition, or (b) fail to meet the specifications or any other requirements of the Purchase Order, Buyer may reject the Products and/or Services and, specific to Products, return such rejected Products at Seller's expense. Payment for Products and/or Services prior to inspection shall not be construed as an acceptance of unsatisfactory or defective Products and/or Services. Upon the refusal or return of unsatisfactory or defective Products and/or Services, Seller shall reimburse Buyer for any amounts paid by Buyer on account of such Products and/or Services to include the cost to return any such Products to Seller.
- 5. INVOICES / INSTRUCTIONS. Seller shall invoice Buyer for the Products at the time of final Products shipment and/or Services are performed (as applicable), unless otherwise provided in the Purchase Order. Invoices shall show the Purchase Order number for each separate Purchase Order and the code number for each item purchased. Buyer may return for revision any invoice that is not in proper form, and the discount period and payment term will be extended until the revised invoice is received. Seller shall comply with Buyer's billing and routing instructions contained herein or otherwise communicated to Seller by Buyer, or pay any extra expense incurred by Buyer because of Seller's failure to do so. Buyer shall make payment to Seller of all amounts not subject to good faith dispute in accordance with the terms stated in the Purchase Order, including all charges for freight and insurance, if applicable. The price shall not be changed without Buyer's prior written approval. Seller represents that the price charged for the Products and/or Services covered by the Purchase Order is the lowest price charged by Seller to buyers of a class similar to Buyer under conditions similar to those specified in the Purchase Order. Seller shall pay any sales, use, excise, income, property, unemployment, social security, or other governmental tax, surcharge, or tariff now or hereafter made or levied by any local, state, or federal government on the Products and/or Services, including installation, covered by the Purchase Order or the consignment or sale contemplated by it, and the price of the Products and/or Services stated in the Purchase Order shall not be increased by such taxes.
- 6. COMPLIANCE WITH LAW. Seller warrants that (a) it has obtained all licenses, permits and similar approvals required to manufacture, sell, deliver and, if applicable, install the Products and/or perform the Services required hereunder; and (b) the purchase of Products by Buyer hereunder, and the Services performed by Seller hereunder, shall be in compliance with applicable local, state and federal laws, rules, regulations, ordinances and directives.
- 7. FORCE MAJEURE. Neither party shall be liable for failure or delay in performance due to fire, flood, earthquake, unusually severe weather, strikes, labor disputes, war, act of vandalism, destruction, public disobedience, pandemic and/or public health crisis, mass shooting, act of terrorism, the action of civil or military authorities, or other events beyond the reasonable control and without fault or negligence of the affected party (each, a "Force Majeure Event"). A party's performance of its obligations affected by Force Majeure Events will be suspended for the duration of such Force Majeure Event. If any Force Majeure Event prevents a party's performance for a period of thirty (30) days or more, either party may terminate this Purchase Order without any further liability, except for any outstanding payments for obligations fulfilled by party that are outstanding prior to the date of termination.
- 8. NO CONFLICTS OF INTEREST. Seller represents that to its knowledge there is no direct or indirect relationship between Seller and any employee of Resorts World Las Vegas LLC. Should there be such a relationship, the Seller must provide Buyer with a disclosure statement. Buyer will review such disclosure statement, and determine in its reasonable judgment, whether the conflict is material. In the event such conflict of interest is deemed to be material, Buyer may, upon giving fifteen (15) days' prior written notice to Seller (without prejudice to any other remedy Buyer may have), and provided such default has not been cured by Seller, cancel the Purchase Order immediately. Buyer shall pay for Products and/or Services provided hereunder up to the effective date of such cancellation.
- 9. GENERAL WARRANTIES. To the extent applicable to such Products, Seller warrants that all Products furnished hereunder, whether supplied by Seller or by someone else, will (a) be new and of first quality; (b) be free from defects in materials and workmanship; (c) conform to applicable data; (d) be free from design and specification defects whether or not manufactured to Seller's specifications; (e) be fit for the purpose for which intended; (f) be of merchantable quality and fit and safe for consumer use; and (g) be free and clear of all liens and encumbrances at the time of shipment. All warranties hereunder shall run to Buyer, its successors, assigns, customers and the ultimate users or consumers of such Products. The express warranties contained herein shall not be deemed to limit, diminish, reduce, or waive any duties, warranties, or guaranties given separately by Seller or in law (expressed or implied). All warranties contained in the Purchase Order shall be construed as consistent and cumulative with one another and with all warranties in law or given separately by Seller. In the event of a breach of any warranty in the Purchase Order, Buyer shall have all rights and remedies available at law or in equity.
- 10. CHANGES. Buyer may at any time, by prior written notice to Seller, request changes in the Purchase Order, including without limitation, changes in the specification of the Products, quantities, method of shipping or packing, place of inspection, acceptance, point of delivery schedule, or other terms of the Purchase Order. If any such change increases or decreases the cost of Products or the time required for Seller to perform such Purchase Order, Seller shall notify Buyer within five (5) days after receipt by Seller of the request for change and, if such change is acceptable to Buyer, then Buyer and Seller shall execute a change order or written amendment approving the same. No such change shall be effective without a mutually agreed upon change order or written amendment.
- 11. CONFIDENTIAL INFORMATION.
- In connection with the Purchase Order, each party acknowledges that it may have access to Confidential Information of the other party. The receiving party shall only use Confidential Information in furtherance of its performance under this Agreement. The receiving party shall retain all Confidential Information in strictest confidence and shall neither use it nor disclose it to anyone without the express written consent of the disclosing party except where required to disclose such Confidential Information pursuant to an order or request of a governmental agency or court of competent jurisdiction, provided that the receiving party has given the disclosing party reasonable notice of the pendency of such order or request and the opportunity to contest it. The receiving party shall not release any information relating to this Agreement or its subject matter for publication, advertising or any other purpose without the prior written consent of the disclosing party. The parties acknowledge that disclosure of any Confidential Information by the receiving party may give rise to irreparable injury to the disclosing party or the owner of such information and, as a matter of law, such injury is inadequately compensable in damages. Accordingly, the disclosing party or such other party may seek injunctive relief without bond against the breach or threatened breach of confidentiality, in addition to any other legal and equitable remedies which may be available.
- As used herein, "Confidential Information" means all information or material of a party or its affiliate(s), whether revealed orally, visually, or in tangible or electronic form, that is competitively sensitive material not generally known to the public that relates to the business of a party or party affiliate(s), or any of their respective interest holders, unless such information (i) was already rightfully known to the receiving party at the time of disclosure by the disclosing party; (ii) is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) has been rightfully received by the receiving party from a third party not under obligation of confidentiality to the disclosing party and without breach of this Agreement; or (iv) is independently developed by the receiving party without reference or reliance on any Confidential Information of the disclosing party.
- 13. INDEMNIFICATION; INSURANCE.
- Each party shall defend at its expense, indemnify, and hold harmless, the other party, its parents, subsidiaries, affiliated entities, and each of their respective officers, directors, executives, employees, agents, insurers, managers, partners, principals, licensees, and representatives, from and against all claims, including, fines, penalties, interest, damages, expenses, awards, costs, demands, liability, attorneys' fees, court costs, costs of appeal, and expert witness fees (collectively, "Claims") that result from or are in any way related to: (i) the indemnifying party's breach of the Purchase Order or willful misconduct; (ii) death or injury arising out of the indemnifying party's negligent acts or omissions; (iii) damage to tangible personal property arising out of the indemnifying party's negligent acts or omissions; or (iv) alleged infringement of patent, copyright, trademark, trade secret or other intellectual property rights arising out of the use or possession of the Products furnished and/or Services performed by Seller.
- Each party's indemnification obligations under this section are conditioned upon the indemnified party: (i) promptly notifying the indemnifying party of any Claim in writing, no later than thirty (30) days after actual knowledge of the Claim; and (ii) cooperating with the indemnifying party in the defense of the Claim. The failure to give prompt written notice shall not, however, relieve the indemnifying party of its indemnification obligations, except and only to the extent that the indemnifying party forfeits rights or defenses by reason of such failure. Such notice by the indemnified party shall describe the Claim in reasonable detail, shall include copies of all material written evidence thereof, and shall indicate the estimated amount, if reasonably practicable, of the loss that has been or may be sustained by the indemnified party. The indemnifying party shall not consent to judgment or concede or settle or compromise any Claim without the prior written approval of the indemnified party, which approval shall not be unreasonably withheld.
- At all times while Seller is furnishing Products and/or providing Services under the Purchase Order, Seller shall, at Seller's expense, maintain in a company or companies with a current A.M. Best Company Rating of at least A-VII (i) Workers' Compensation (WC) Insurance as required by law in the State(s) in which Services under the Purchase Order are to be performed; (ii) Employer's Liability (EL) Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident/illness covering all of Seller's personnel performing Services in connection with the Purchase Order; and (iii) Commercial General Liability (CGL) Insurance in the minimum amount of Three Million Dollars ($3,000,000.00) on an occurrence form and Commercial Auto Liability (AL) Insurance in the minimum amounts of One Million Dollars ($1,000,000.00) combined single limits per occurrence or accident, as applicable, for property damage (including that of Buyer) and bodily injury (including death). The CGL, AL and EL Insurance policies shall (i) name Buyer, its parent company, subsidiaries and affiliates as additional insured, including contractual liability coverage for the indemnity provisions contained herein (with respect to CGL Insurance policy), (ii) contain a broad form property damage endorsement, (iii) be primary without regard to any insurance carried by Buyer, and (iv) provide Buyer with at least thirty (30) days prior notice of reduction or cancellation. The WC Insurance shall include a Waiver of Subrogation in favor of Buyer, its parent company, subsidiaries and affiliates. The failure of Seller to procure and/or maintain the required insurance shall NOT relieve Seller from any liability under the Purchase Order, nor shall the insurance requirements be construed to conflict with, or otherwise limit, the indemnity obligations of Seller contained under subsection (a) above. Not later than seven (7) calendar days prior to Seller performing Services under the Purchase Order, Seller shall deliver Certificate(s) of Insurance ("COIs") in electronic format via email, and evidencing the coverages and endorsements listed in the Purchase Order, to [email protected]. The consent of Buyer to the insurance and limits insured as shown herein, shall not be considered as a limitation of Seller's liability under the Purchase Order or an agreement by Buyer to assume liability in excess of said amounts or for risks not insured against. Seller will require that any contractor, subcontractor and/or vendor used by Seller in connection with providing Services under the Purchase Order will meet the above insurance and additional insured requirements and will obtain the appropriate COIs, which may be reviewed by Buyer at its request.
- 12. LIMITATION OF LIABILITY
- Except as set forth in subsection (b) below, in no event shall either party be liable for any indirect, special, incidental, consequential, or punitive damages under the Purchase Order or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, even if such party has been advised of the likelihood of the occurrence of such damages or such damages are foreseeable, and a party's aggregate liability hereunder shall not exceed the total value of the Purchase Order.
- The parties agree that the limitations of liability set forth in subsection (a) above shall not apply to a party's (i) willful misconduct, (ii) gross negligence, (iii) breach of its confidentiality obligations herein, or (iv) indemnification obligations set forth herein.
- 14. BUYER DATA; EQUIPMENT.
- Buyer shall retain title to all data and Confidential Information supplied to Seller under the Purchase Order. Unless requested earlier, Seller shall promptly return all such data and Confidential Information to Buyer upon completion of the Purchase Order. Each party will comply with all applicable U.S. and international privacy and data protection laws and regulations, and will use best efforts to protect personally identifiable information from identity theft, fraud and unauthorized use
- Any equipment or tools purchased or manufactured specifically for the production, manufacture, or assembly of Buyer's Products shall be delivered to Buyer at the earlier of completion of work or cancellation of the Purchase Order, and no additional purchase price shall be charged to Buyer for such equipment or tools.
- 15. WORK ON BUYER'S PREMISES.
- In the event the Purchase Order requires installation or work by Seller on Buyer's premises, (a) all work, whether on- or off-site, shall be done in strict accordance with union regulations, as applicable; (b) insurance satisfactory to the Buyer shall be obtained and certificates evidencing such insurance shall be furnished before work is started; and (c) prior to payment of the purchase price, Seller shall furnish lien waivers, releases, affidavits, and other documents to keep Buyer's premises lien free. Seller may enter Buyer's property only during hours designated by Buyer. Seller shall ensure that its employees and representatives (i) do not obstruct or interfere with the freedom or pleasure of guests or employees of Buyer; (ii) comply with all applicable laws while present on Buyer's property, including applicable workplace safety and health standards and regulations; (iii) comply with any verbal and/or other instructions communicated to Seller while onsite; and (iv) Seller's employees shall be at least twenty-one (21) years of age if working in areas of Buyer's property where underage individuals are prohibited by law (e.g., casino, bars, etc.). Buyer may exclude any employee or other representative of Seller from the property of Buyer for any reason at any time, in its sole discretion.
- Buyer reserves the right to procure and administer an Owner Controlled Insurance Program ("OCIP") to govern all vendor and contractor activities on Buyer's premises during construction of Buyer's planned hotel-casino, starting from the commencement date of such construction through its completion ("Construction Phase"). At all times during the Construction Phase, if required by Buyer, Seller shall participate in and require all of its subcontractors to participate in the OCIP, but only to the extent Seller and its subcontractors will perform work and/or provide Services on Buyer's premises during the Construction Phase.
- 16. SOFTWARE LICENSE. If any software is necessary to operate the Products, Seller hereby grants to Buyer a perpetual, royalty-free, irrevocable and transferable license to use such software and any accompanying manuals or documentation. Seller shall provide Buyer with any updates, changes or modifications to such software and user manuals at no additional charge. Seller warrants that Seller has the right, title and authority to license or sublicense any such software, and that such software does not infringe on any third party's copyright, patent, trade secret or other intellectual property rights.
- 17. SAFETY DATA SHEETS. To the extent applicable, Seller shall provide Buyer with a current safety data sheet for each Product, as may be required by applicable law.
- 18. INTELLECTUAL PROPERTY.
- Seller has no right to, or interest in, the name "Resorts World" or any registered or unregistered service mark or trademark of Buyer or its affiliates, and Seller shall not, in any manner, use such names or marks in the promotion of Seller's business, without Buyer's prior written consent.
- Each party shall retain sole and exclusive right, title and interest in intellectual property owned by that party as of the effective date or which is hereafter developed by that party independent of the Purchase Order.
- All of the results and proceeds of Seller's Products and/or Services hereunder ("Deliverables") shall be considered as "works made for hire" under the United States Copyright Act of 1976 and the applicable copyright laws of any foreign jurisdiction, which Deliverables shall be the sole and exclusive property of Buyer, and to the extent any Deliverables or intellectual property right therein does not qualify as, or otherwise fails to be, "work made for hire," Seller shall, and hereby does (i) irrevocably assign, transfer and convey, to the fullest extent permitted by applicable law, all right, title and interest in and to the Deliverables and all intellectual property rights therein, on a worldwide basis to Buyer; and (ii) waive any "moral rights" therein to the fullest extent permitted under applicable law. Seller shall execute any further documents and take any further actions requested by Buyer to assist Buyer in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its right, title and interest, including intellectual property rights, in or to the Deliverables. To the extent that any Deliverables provided to Buyer under the Purchase Order incorporate or utilize any intellectual property owned, acquired or licensed by Seller, and such intellectual property rights therein are not transferred to or owned by Buyer pursuant to this Agreement, Seller hereby grants to Buyer a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, execute, reproduce, publicly perform and display, modify, improve, create derivative works of, distribute, transmit, import, make, have made, sell and offer to sell and otherwise exploit such intellectual property, including all such modifications, improvements and derivative works thereof, to the extent such intellectual property is incorporated in, combined with or otherwise necessary or useful to use or exploit any such Deliverables, or any modifications, derivative works or improvements thereof.
- 19. MATERIAL BREACH; CANCELLATION.
- In addition to all other rights and remedies provided for hereunder or under law, Buyer may cancel all or any part of the Purchase Order: (i) if Seller materially breaches any of the terms, warranties or provisions hereof; (ii) upon the occurrence of any event entitling Buyer to reject the Products; and/or (iii) if any insolvency proceeding is instituted by or against Seller.
- Buyer, in Buyer's sole discretion, may cancel the Purchase Order at any time as to non-conforming Products and/or Products not delivered pursuant to the terms of the Purchase Order.
- Buyer shall not be deemed to have cancelled the Purchase Order unless it notifies Seller of its intent to do so in writing. Upon receipt of such notice, Seller will immediately stop its work and/or Services and notify any other parties performing any part of the work and/or Services, and will protect any property, data or Confidential Information in Seller's possession in which Buyer has or may acquire an interest.
- In the event of cancellation by Buyer pursuant to this Section, Buyer shall pay for Products and/or Services provided hereunder up to the effective date of such cancellation.
- 20. GENERAL.
- Any overtime or other additional extraordinary costs incurred by Seller to perform its obligations under or otherwise comply with the Purchase Order shall be borne by Seller.
- Seller shall provide adequate assurance of due performance of Seller's obligations hereunder within three (3) business days of Buyer's written demand for such assurance, and failure to provide such assurance shall be deemed a material breach hereunder.
- All representations and warranties shall survive the cancellation of the Purchase Order and/or the delivery and acceptance of the Products and the payment of the purchase price.
- All waivers of performance of or adherence to the terms and conditions of the Purchase Order must be in writing and signed by the party waiving the same. The failure of a party to require the performance of any obligation herein, or the waiver by a party of any breach hereof, shall not constitute a waiver of future performance or any subsequent breach.
- In the event of a dispute between the parties arising out of the Purchase Order, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs.
- The Purchase Order constitutes the entire agreement between the parties and supersedes all prior contracts, representations, negotiations and terms pertaining to the Products, whether written or oral.
- The Purchase Order shall be governed by and construed according to the laws of the State of Nevada without giving effect to choice of law principles. The federal and state courts of Clark County, Nevada, shall have exclusive jurisdiction over matters relating to the Purchase Order.
- At no time shall either party represent itself as an agent, employee, lessee, sub-lessee, partner or joint venture partner of the other party, and no employer-employee relationship shall exist between either party and any employee or agent of the other party. Neither party hereto shall have the express or implied right or authority to assume or create any obligation on behalf or in the name of the other party or to bind the other party in regard to any contract, agreement or undertaking with any third party.
- Any and all notices or demands provided for, permitted or required to be given in connection with the Purchase Order shall be in writing and sent to the parties' respective addresses and contacts first set forth in the Purchase Order. A copy of any notice shall also be sent to: Resorts World Las Vegas LLC, Attention: General Counsel, 3000 Las Vegas Boulevard South, Las Vegas, Nevada 89109, but such copy shall not constitute notice hereunder.
- The Purchase Order may not be modified, supplemented or changed except pursuant to a change order or written amendment, and signed by a duly authorized representative of each party.
- Seller may not assign or encumber its interest in the Purchase without the prior written consent of Buyer.
- In the event that any of Seller's obligations are subcontracted, Seller shall retain the entire responsibility for the obligations subcontracted. Seller understands, acknowledges and agrees that its use of subcontractors shall not in any way alter its obligations, representations and warranties made herein. Seller shall be fully responsible for all acts and omissions of its subcontractors.
- Seller acknowledges that (i) Buyer and its affiliates are subject to the requirements of and exist only because of privileged licenses issued by governmental authorities; (ii) strict gaming laws and regulations prohibit Buyer and its affiliates from maintaining any business relationships or other associations with persons or entities that are unsuitable (as defined and determined by relevant governmental and regulatory authorities); and (iii) Buyer's Ethics and Compliance Program (the "Compliance Program") requires Buyer to conduct suitability reviews of certain potential vendors and/or business partners and/or such party's owners and key principals (each, a "Suitability Review"). If Buyer determines in its sole and reasonable discretion, acting in good faith, that a Suitability Review of Seller under the Compliance Program is required, Seller shall cooperate with Buyer and promptly provide any information requested by Buyer for that purpose. All information provided to Buyer pursuant to this Section shall be subject to Buyer's confidentiality obligations set forth in these Terms and Conditions. Buyer may immediately cancel the Purchase Order upon written notice to Seller if (a) Buyer is directed by any gaming regulatory agency to terminate the Purchase Order and/or to cease all business or other associations with Seller; (b) Buyer determines in its sole and reasonable discretion, acting in good faith, that (1) its association with Seller could violate any laws or regulations regarding prohibited relationships between gaming companies and third parties, or (2) it would be in Buyer's best interest to terminate its relationship with Seller to protect any of the Buyer's or its affiliates' contemplated or pending licensing applications or privileged gaming licenses; or (c) Seller fails to cooperate and/or provide any information requested by Buyer pursuant to a Suitability Review. Notwithstanding anything to the contrary herein, in the event Buyer cancels the Purchase Order pursuant to this Section, Buyer shall have no further liability to Seller except for payment of amounts due for any Services provided or work performed by Seller prior to the effective date of such cancellation, unless Buyer is prohibited from making such payments by any gaming or other regulatory agency.
- Without expressed prior and written consent of Buyer, Seller acknowledges that it shall not advertise, publish or otherwise disclose in any press release or other form of distribution (i) its association with Buyer, or (ii) any aspects of this Purchase Order.