dcsimg

WYNN RESORTS PRIVACY POLICY

The people of Wynn Resorts understand that you are concerned about privacy, so we've instituted policies intended to ensure that your personal information is handled safely and responsibly. This Privacy Statement outlines the information Wynn Resorts will collect and how that information will be used. This privacy statement applies to all websites owned or operated by Wynn Resorts or its affiliates, including “wynnlasvegas.com”, “wynnsocial.com” and “wynnresorts.com”.

Information we collect

As appropriate, Wynn Resorts may collect personally identifiable information from you voluntarily to provide you with a particular service. We may ask you for information such as name, address, telephone number and email address.

Public Activities

We may offer you opportunities to engage in Public Activities on the websites owned or operated by Wynn Resorts (the "Site"). "Public Activities" are any actions you take on the Site that are designed to be visible to other users, including comments, recommendations, reviews, photo submissions, or any other items or content that you submit on the Site, as well as social media activity that references Wynn Resorts, any of its properties, or any activities taking place at one of Wynn Resorts' properties. Any information you disclose in your Public Activities, along with your user name (if any), any social media handle, or any image or photo, becomes public and may be used by Wynn Resorts for online and offline promotional or commercial uses in any and all media. If you choose to engage in Public Activities, you should be aware that any personal information you submit can be read, collected, or used by other users of these areas, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums and Wynn Resorts has no responsibility to publish, take down, remove or edit any of your Public Activities or any of your submissions that are a result of your Public Activities. By choosing to participate in Public Activities, you are electing to share and display such Public Activities via the Site. Also, Public Activities may be included in RSS feeds, APIs and made available to other websites via other formats. As a result, your Public Activities may appear on other websites, blogs, or feeds.

Cookie

A cookie is a small file stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Cookies also measure usage of various pages on our website to help us make our information more pertinent to your needs and easy for you to access, and they provide functionality that we believe would be of interest and value to you.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our website.

Browsing

We do not collect personally identifiable information from your computer when you browse this website and request pages from our servers. Unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTP header.

INFORMATION USE
Security and storage of information

All personal and general information that reaches Wynn Resorts is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Wynn Resorts. Because laws applicable to personal information vary by country, our hotels or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this statement is generally processed and stored in the United States.

Wynn Resorts may share your personal information with our properties, subsidiaries and select third parties as we deem appropriate. Your personal information may also be disclosed if necessary to: (1) enforce our Web Site Agreement; (2) protect and defend the rights or property of the Company; (3) comply with a court order or other legal process or other legal requirements of any governmental authorities, including but not limited to authorities that regulate gaming activities; or (4) governmental authorities, in the sole discretion of the Company, in exceptional circumstances, such as a national emergency, security concern, or other situation in which the Company deems such disclosure prudent.

Wynn Resorts uses the services of third parties, such as e-mail service providers and marketing companies that act as agents on behalf of Wynn Resorts. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Wynn Resorts specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Wynn Resorts family of companies for use without your approval.

Emails about special offers and promotions and opt-out

It is our intention to send you only e-mail communications that will be useful to you and that you want to receive. These communications will relate to Wynn Resorts offers and/or the promotions of select, reputable third parties with whom Wynn Resorts has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We use a third-party e-mail service provider to send e-mails. This service provider is prohibited from using your e-mail address for any purpose other than to send Wynn Resorts related e-mail. When you receive an e-mail, you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail.

The Children's Online Privacy Act

Wynn Resorts does not knowingly or intentionally collect any personally identifiable information from, or market to, individuals under the age of 21. Pursuant to law, persons under the age of 21 are not permitted to gamble at our properties or loiter in casino areas. Similarly, our websites are not intended for persons under the age of 21. In accordance with the Children's Online Privacy Act, persons under the age of 21 are not allowed to use our site in any fashion, and the provisions of the Children's Online Privacy Act do not apply to Wynn Resorts’ web sites.

Use of third party Internet sites

Third party Internet sites and services accessible through Wynn Resorts have separate privacy and data collection practices, independent of us. Wynn Resorts has no responsibility or liability for these independent policies or actions.

Privacy statement changes

In the future, we may need to change this privacy statement. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

WYNN RESORTS TERMS OF USE AGREEMENT
Welcome to the website for Wynn Resorts Holdings, LLC ("Wynn"). Your use of all websites owned and operated by Wynn (the "Site") or any of the services offered on the Site (the "Services") is subject to these Terms of Use (the "Terms"). Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Use of this Site is governed by these Terms as well as any other terms of use of Wynn applicable to the Site. However, if there is a conflict between these Terms and any other terms of use then these Terms shall take precedence unless the other terms of use expressly provide otherwise. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.


Acceptance of the Terms. Wynn is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the Privacy + Terms link from any page on the Site. We hope that you will find the information provided on the Site informative and useful.


Wynn has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:


(1) change or terminate all or any part of our Services;


(2) restrict or terminate your access to all or any part of our Services; or


(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.


Access to the Site. Wynn is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. Wynn reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.


User Obligations. In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Wynn has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Wynn has the right to refuse any and all current or future use of the Site (or any portion thereof).


Account and Password Security. Wynn may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify Wynn immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's password on the Site. Wynn cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Use of Interactive Areas. The Site may contain areas that allow for user interaction, including bulletin board services, chat areas, forums, or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:

• defames, threatens, abuses or otherwise violates the legal rights of others (including, but not limited to, libelous, tortious or otherwise harmful material);
• is false, fraudulent, misleading or deceptive;
• is harmful, embarrassing, abusive, harassing or hateful;
• is harmful to children, profane, obscene, vulgar, indecent or racially or ethnically offensive;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification;
• contains explicit or graphic descriptions or accounts of sexual or violent acts;
• infringes another's intellectual property rights, proprietary rights, right of publicity, or privacy rights;
• you do not have the right to transmit under any law or under any contractual or fiduciary relationship;
• collects or stores personal information about other Site users;
• contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
• contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
• contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
• disrupts or otherwise interferes with the Site or the networks or servers used by Wynn or that is in contravention of any requirements, procedures, policies, or regulations of networks linked to the website;
• impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
• constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability.

Wynn reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.

Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. Wynn recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.

Wynn does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Wynn specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.

You acknowledge and agree that Wynn may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Wynn, the Site, its users and the public.

Limits on Liability. Wynn will not be liable for:

● the contents of any communication, message, or information posted by you or other third parties;
● the content of any website not controlled, owned, or operated by Wynn that is accessed from or linked to this Site;
● the content, services or information provided by any website purporting to be operated by Wynn or its affiliates, but not actually affiliated with, controlled, owned, or operated by Wynn;
● any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
● any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if Wynn has been advised of the possibility of such damages. Wynn will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site, including but not limited to win/loss reports. You acknowledge that you may not rely on any content on the Site, including but not limited to win/loss reports. Wynn makes no representations or warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site and provides the information on the Site for reference only, including but not limited to win/loss reports.

All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Wynn shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Wynn reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.

No Arrangements for Prohibited Persons/Excluded Persons: You acknowledge that Wynn is a United States company and operates a licensed Nevada gaming establishment. As such, Wynn is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on the Nevada Gaming Commission's "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use or tour any Wynn facilities or use any Wynn services including the Site.

Persons who have executed and submitted to Wynn a Request for Voluntary Self-Exclusion from Casino Gambling ("Voluntary Self-Exclusion") may not use the Site. Other limitations of self-excluded persons are contained in the Voluntary Self-Exclusion. Creating an account on the Site does not rescind your Voluntary Self-Exclusion. Rescission of a Voluntary Self-Exclusion is governed by the terms and conditions set forth in the Voluntary Self-Exclusion. In accordance with the terms and conditions of the Voluntary Self-Exclusion, Wynn is not liable for any access by or services provided to a self-excluded person as a result of self-excluded persons accessing the Site or creating an account.

Third Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Wynn of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness or availability. Because Wynn has no control over third-party websites and resources, you acknowledge and agree that Wynn is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Wynn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Wynn or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by Wynn are the copyright of Wynn. All rights reserved. You agree that all of Wynn's trademarks, trade names, service marks, logos and service names are trademarks and are property of Wynn (the "Wynn Marks"). You agree not to display or use in any manner the Wynn Marks, without the express prior permission of Wynn.

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.


Indemnification. You agree to indemnify, defend and hold Wynn, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

Enforcement. Wynn does not assume responsibility to you or others for any failure by Wynn to enforce the provisions contained in the Terms.

Termination. You agree that Wynn, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Wynn believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, Wynn may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Wynn may immediately bar any further access to the Site. Further, you agree that Wynn shall not be liable to you or any third party for any termination of your access to the Site.


General Acknowledgments. You acknowledge that Wynn may establish general practices and limits concerning your use of the Site. You agree that Wynn has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms of Use does not guarantee you any material benefits. Wynn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Wynn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Wynn reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.


Privacy. The terms and conditions of Wynn’s Privacy Policy are located at Privacy + Terms and are incorporated herein by reference. In the event of a conflict between the terms of this the Terms and those in the Privacy Policy, the terms of the Privacy Policy shall govern.


DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WYNN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WYNN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.


2. WYNN MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.


3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYNN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.


EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Wynn reserves the right, but not the obligation, to terminate your right to use the Site if Wynn determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Wynn accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Wynn has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Wynn to receive notification of claimed infringement is:

Kevin J. Tourek
3131 Las Vegas Blvd. South
Las Vegas, NV 89106
Phone: 702.770.2110
Facsimile: 702.770.1518
E-mail: webmaster@wynnlasvegas.com

Wynn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Governing Law. You and Wynn agree that the Terms and the relationship between you and Wynn shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and Wynn hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Clark County, Nevada or the United States District Court for the District of Nevada for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Wynn irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

Waiver. Wynn’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wynn in writing.

Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Support. If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact us at [webmaster@wynnlasvegas.com].

WYNN RESORTS TERMS OF USE AGREEMENT

Welcome to the website for Wynn Resorts Holdings, LLC ("Wynn"). Your use of all websites owned and operated by Wynn (the "Site") or any of the services offered on the Site (the "Services") is subject to these Terms of Use (the "Terms"). Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Use of this Site is governed by these Terms as well as any other terms of use of Wynn applicable to the Site. However, if there is a conflict between these Terms and any other terms of use then these Terms shall take precedence unless the other terms of use expressly provide otherwise. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.


Acceptance of the Terms. Wynn is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the Privacy + Terms link from any page on the Site. We hope that you will find the information provided on the Site informative and useful.


Wynn has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:


(1) change or terminate all or any part of our Services;


(2) restrict or terminate your access to all or any part of our Services; or


(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.


Access to the Site. Wynn is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. Wynn reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.


User Obligations. In consideration of your use of the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Wynn has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Wynn has the right to refuse any and all current or future use of the Site (or any portion thereof).


Account and Password Security. Wynn may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to: (i) notify Wynn immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's password on the Site. Wynn cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Use of Interactive Areas. The Site may contain areas that allow for user interaction, including bulletin board services, chat areas, forums, or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:

• defames, threatens, abuses or otherwise violates the legal rights of others (including, but not limited to, libelous, tortious or otherwise harmful material);
• is false, fraudulent, misleading or deceptive;
• is harmful, embarrassing, abusive, harassing or hateful;
• is harmful to children, profane, obscene, vulgar, indecent or racially or ethnically offensive;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification;
• contains explicit or graphic descriptions or accounts of sexual or violent acts;
• infringes another's intellectual property rights, proprietary rights, right of publicity, or privacy rights;
• you do not have the right to transmit under any law or under any contractual or fiduciary relationship;
• collects or stores personal information about other Site users;
• contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
• contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
• contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
• disrupts or otherwise interferes with the Site or the networks or servers used by Wynn or that is in contravention of any requirements, procedures, policies, or regulations of networks linked to the website;
• impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
• constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability.

Wynn reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.

Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. Wynn recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.

Wynn does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Wynn specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.

You acknowledge and agree that Wynn may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Wynn, the Site, its users and the public.

Limits on Liability. Wynn will not be liable for:

● the contents of any communication, message, or information posted by you or other third parties;
● the content of any website not controlled, owned, or operated by Wynn that is accessed from or linked to this Site;
● the content, services or information provided by any website purporting to be operated by Wynn or its affiliates, but not actually affiliated with, controlled, owned, or operated by Wynn;
● any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
● any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to use of or inability to use the Site, even if Wynn has been advised of the possibility of such damages. Wynn will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site, including but not limited to win/loss reports. You acknowledge that you may not rely on any content on the Site, including but not limited to win/loss reports. Wynn makes no representations or warranties, express or implied, concerning the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site and provides the information on the Site for reference only, including but not limited to win/loss reports.

All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Wynn shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Wynn reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.

No Arrangements for Prohibited Persons/Excluded Persons: You acknowledge that Wynn is a United States company and operates a licensed Nevada gaming establishment. As such, Wynn is: (i) prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons" that are listed on the Nevada Gaming Commission's "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibited persons or excluded persons to stay at, use or tour any Wynn facilities or use any Wynn services including the Site.

Persons who have executed and submitted to Wynn a Request for Voluntary Self-Exclusion from Casino Gambling ("Voluntary Self-Exclusion") may not use the Site. Other limitations of self-excluded persons are contained in the Voluntary Self-Exclusion. Creating an account on the Site does not rescind your Voluntary Self-Exclusion. Rescission of a Voluntary Self-Exclusion is governed by the terms and conditions set forth in the Voluntary Self-Exclusion. In accordance with the terms and conditions of the Voluntary Self-Exclusion, Wynn is not liable for any access by or services provided to a self-excluded person as a result of self-excluded persons accessing the Site or creating an account.

Third Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Wynn of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness or availability. Because Wynn has no control over third-party websites and resources, you acknowledge and agree that Wynn is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Wynn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.

Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Wynn or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by Wynn are the copyright of Wynn. All rights reserved. You agree that all of Wynn's trademarks, trade names, service marks, logos and service names are trademarks and are property of Wynn (the "Wynn Marks"). You agree not to display or use in any manner the Wynn Marks, without the express prior permission of Wynn.

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.


Indemnification. You agree to indemnify, defend and hold Wynn, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

Enforcement. Wynn does not assume responsibility to you or others for any failure by Wynn to enforce the provisions contained in the Terms.

Termination. You agree that Wynn, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Wynn believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, Wynn may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Wynn may immediately bar any further access to the Site. Further, you agree that Wynn shall not be liable to you or any third party for any termination of your access to the Site.


General Acknowledgments. You acknowledge that Wynn may establish general practices and limits concerning your use of the Site. You agree that Wynn has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms of Use does not guarantee you any material benefits. Wynn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Wynn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Wynn reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.


Privacy. The terms and conditions of Wynn’s Privacy Policy are located at Privacy + Terms and are incorporated herein by reference. In the event of a conflict between the terms of this the Terms and those in the Privacy Policy, the terms of the Privacy Policy shall govern.


DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WYNN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WYNN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.


2. WYNN MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.


3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYNN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.


EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Wynn reserves the right, but not the obligation, to terminate your right to use the Site if Wynn determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Wynn accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Wynn has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Wynn to receive notification of claimed infringement is:

Kevin J. Tourek
3131 Las Vegas Blvd. South
Las Vegas, NV 89106
Phone: 702.770.2110
Facsimile: 702.770.1518
E-mail: webmaster@wynnlasvegas.com

Wynn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Governing Law. You and Wynn agree that the Terms and the relationship between you and Wynn shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and Wynn hereby irrevocably and unconditionally submit to the jurisdiction of courts located within Clark County, Nevada or the United States District Court for the District of Nevada for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Wynn irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

Waiver. Wynn’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wynn in writing.

Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Support. If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact us at [webmaster@wynnlasvegas.com].