Terms
Effective May 1, 2025
Harlow’s Resort Casino & Spa
The I) Harlow’s Casino Resort & Spa Premier Rewards Club Rules (“Rules”) and the II) Harlow’s Casino Resort & Spa App Terms of Use (“Terms of Use”) are entered into by and between You and Churchill Downs Incorporated and each of its subsidiaries (“Company,” “we,” or “us“), including without limitation Harlow’s Resort Casino & Spa (“Harlows”). The following Rules and Terms of Use, together with any documents and rules for specific promotions, they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of the application, including any content, functionality, and services offered on or through this app and the associated websites (hereinafter, the “App”)
Please read all Terms carefully before using the App. By using the App, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the App.
This App is offered and available to users who are twenty-one (21) years of age or older. You must be at least twenty-one (21) years old to gamble at Harlows. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. Harlows assumes no responsibility for liabilities related to age misrepresentation. If you do not meet all of these requirements, you must not access or use the App. Use of all features of the App may require registration in the Harlow’s Casino Resort & Spa Premier Rewards Club.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check the Terms, so you are aware of any changes, as they are binding on you.
I) Harlow’s Casino Resort & Spa Premiere Rewards Club Rules
Must be 21 years of age to become member of the Premiere Rewards program.
A valid, unexpired, government issued photo ID is required to receive a Premiere Rewards membership and redeem rewards.
Membership is free. Casino play is not required to receive a Premiere Rewards card.
The Premiere Rewards card may only be used by the member whose name appears on the card. Members may not distribute, loan or in any way allow another person to use their Premiere Rewards account.
When playing slots, it is the Premiere Rewards member’s responsibility to ensure that the Premiere Rewards card is accepted in the slot machine when inserted. The card must remain inserted at all times throughout play to accrue points. Harlow’s Casino Resort & Spa is not responsible for card reader malfunctions.
At table games, it is the player’s responsibility to present his/her membership card at each game.
Program benefits including but not limited to points, complimentaries and free play are not transferable between club members.
Harlow’s Casino Resort & Spa reserves the right to refuse complimentary redemptions if it is determined that the true cardholder is not present or that the coupons or complimentary rewards have been changed, altered or tampered with in any manner.
Bonus points received in a promotion are not eligible towards tier upgrade.
Program benefits and tier points are not valid in conjunction with any other promotion. Rules may vary with specific promotions.
Premiere rewards comps are capped at $2,500 maximum at Harlow’s Casino Resort & Spa
Premiere Rewards tier evaluations are performed on a 6-month basis. January through June & July through December. Qualification is based on recorded Premiere Rewards gaming activity.
Any earned unused points and comps will expire after six (6) months of inactivity.
Churchill Downs Incorporated, Harlow’s Casino Resort & Spa and its subsidiaries are not responsible for lost or stolen cards, cash, coupons or lost/misdirected mail. Coupons or vouchers will not be replaced if lost, stolen or destroyed.
Employees of Harlow’s Casino Resort & Spa or Churchill Downs Incorporated and its related companies are not eligible to participate in this program.
Persons who have been evicted from Harlow’s Casino Resort & Spa or who are enrolled in a self-exclusion program in any state in which Churchill Downs Incorporated operates a gaming facility are not eligible to participate in the Premiere Rewards loyalty program or receive any of the related benefits.
Use of the Premiere Rewards card indicates acceptance of these official rules. Harlow’s Casino Resort & Spa reserves the right to revoke or deny application for Premiere Rewards membership if it is determined that the individual has not complied with club rules or the intent of this program. Members may be subject to additional or revised rules and conditions. Additional rules may apply to specific promotions. Membership cards are property of Harlow’s Casino Resort & Spa and must be surrendered upon request.
Any dispute or situation not covered by the above rules will be resolved by Harlow’s Management. That decision shall be final and binding.
Harlow’s Casino Resort & Spa reserves the right to alter or terminate this program with no prior notice to club members unless authorized by Mississippi Gaming Commission.
No points will be earned on Free play usage. Only cash play will earn points.
Promotional cruise offering will be distributed bi-annually based upon tier level at the time of renewal events or other qualifying methods.
The Mississippi Gaming Commission reserves the right to investigate any and all complaints and disputes regarding program. Such disputes and complaints will be resolved in accordance with the Mississippi Gaming Control Act and the Mississippi Gaming Commission regulations.
II) Harlow’s Resort Casino App Terms of Use
Accessing the App and Account Security
As a user of this App, you may be asked to register with us to take advantage of the Harlow’s Casino Resort Rewards program. This will require you to provide personal information such as last name and date of birth. The date of birth verifies that you are of the legal age required to be a Harlow’s Casino Resort Rewards program member, in accordance with the laws, regulations, policies and procedures of the state of Mississippi. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the app, inform us immediately so we may address them accordingly. We reserve all rights to terminate accounts, edit content, or remove content at our sole discretion.
We reserve the right to withdraw or amend this App, and any service or material we provide through the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the App. Ensuring that all persons who access the App are aware of these Terms of Use and comply with them. To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. By submitting your information, you acknowledge that you have read and understand the Company Privacy Policy, available at www.churchilldownsincorporated.com/privacy-policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Intellectual Property Rights
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Intellectual property
You agree that all materials, products, and services provided on this app are the property of Harlows including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Harlows’ owned or licensed intellectual property in any way, including electronically, digitally, or with new trademark registrations. You grant Harlows a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact Harlows to come to an agreement.
These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
Prohibited Uses
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
Additionally, you agree not to:
Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider, or other automatic device, process, or means to access the Appfor any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the App.
Use the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the App.
Reliance on Information Posted
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the App
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the App
By using the App or submitting your personal information to us, you acknowledge that you have read and understand the Company Privacy Policy, available at: www.churchilldownsincorporated.com/privacy-policy.
Links from the App
If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the Terms of Use of use for such websites.
Third Party Transactions
Through your use of the App, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and that you will look solely to such third party to enforce any of your rights In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our App. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
Geographic Restrictions
The owner of the App is based in the State of Mississippi in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
Arbitration, Class Waiver, Jury Trial Waiver, Governing Law
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO ARBITRATE THEIR DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL
Arbitration: Both you and Company agree to resolve by binding arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or in connection with or relating to (1) the App, your use of the App, or the information that you provide Company in connection with your use of the App, or (2) this Terms of Use, including without limitation, the validity, interpretation, enforcement, or application of this Terms of Use and/or this Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section (collectively, “Claims”). Both you and Company further agree that the arbitrator will also have the exclusive authority to determine all additional threshold arbitrability issues, including without limitation issues relating to whether this Terms of Use is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Class Action Waiver: YOU AND COMPANY AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Any determination about the validity, interpretation, enforcement, and/or application of this Class Action Waiver paragraph is delegated to the arbitrator.
Jury Trial Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
Arbitration Procedure: A party who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). Our address for notice is: Attn: General Counsel, Churchill Downs Incorporated, 600 N. Hurstbourne Parkway, Suite 400, Louisville, KY 40222 or via email at [email protected]. You and Company agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within 30 days of the Notice, then either party may commence arbitration. Any arbitration between you and Company shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (collectively, “JAMS Rules“), as modified by these Terms of Use. The JAMS Rules and filing forms are available online at www.jamsadr.com, or by contacting Company. Unless you and Company otherwise agree, the arbitration will be conducted in Jefferson County, Kentucky before a single neutral arbitrator. If your claim is for less than $10,000, Company will reimburse your filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the JAMS Rules. If your claim is for greater than $10,000, the payment of all fees will be determined in accordance with the JAMS Rules. Any judgment on the award rendered by the arbitrator shall be binding and final on all parties and may be entered in any court of competent jurisdiction.
Exceptions: Notwithstanding anything else in this [Agreement] to the contrary, you and Company both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, provided that is the sole form of relief sought, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Governing Law / Forum Selection: The parties agree that these Terms of Use evidence a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and AAA Rules will govern interpretation and enforcement of this Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section where applicable. All other claims, disputes, or controversies will be resolved under United States Federal law or the laws of the Kentucky, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this section, you and Company agree that (i) the Thirtieth District Court of Kentucky will be the sole and exclusive forum for resolution of the claim, dispute or controversy, and you and Company irrevocably submit to the jurisdiction of Thirtieth District Court of Kentucky, and (ii) litigation of any claim, dispute, or controversy proceeding in court will be stayed pending the outcome of any related individual Claim in arbitration.
Survival: This Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section will survive any termination or expiration of this Terms of Use.
Changes and Opt-out: You may opt out of the applicability of this Arbitration, Class Waiver, Jury Trial Waiver, Governing Law section by providing Company a written opt-out notice within 30 days of the “Effective Date” above. This written notice must be provided by mail to: Attn: General Counsel, Churchill Downs Incorporated, 600 N. Hurstbourne Parkway, Suite 400, Louisville, KY 40222. In order to be effective, this notice must include your full name and clearly indicate your intent to reject the changes to these Terms of Use.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any clause or provision of these Terms of Use is determined to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent without affecting the enforceability of all remaining clauses or provisions of the Terms of Use such that the remaining clauses or provisions will continue in full force and effect.
Entire Agreement
The Terms of Use constitutes the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.