The following rules (referred to as “Terms and Conditions”) form the basis of participation in the MGM Resorts International (“MGM”) MGM Rewards Program (“MGM Rewards” or the “Program”). Your participation in this Program will be governed by these Terms and Conditions. You also agree to provide personal information in exchange for participation in the MGM Rewards program. It is your responsibility to read these Terms and Conditions so that you understand the Program’s rules and benefits and your responsibilities under the Program. Your enrollment as a member of the MGM Rewards Program and/or your use of your MGM Rewards card constitutes your acknowledgement and acceptance of, and agreement to the Program’s Terms and Conditions.

Card Issuance

1. Subject to applicable law and MGM company policies and practices, MGM Rewards membership generally is available to any person 21 years of age or older with valid, government-issued photo identification. Types of valid photo identification include Driver’s License, Passport, State Identification Cards or Military Identification. Eligible individuals may enroll in the MGM Rewards Program at certain MGM websites, via certain MGM mobile applications, at an MGM Rewards desk location (or at another designated or approved MGM Rewards location, sportsbook location, race and sports location or other location) at participating MGM Rewards destinations (each such desk and other designated or MGM-approved location are referred to herein as an “MGM Rewards station”), via a participating BetMGM gaming platform (e.g., mobile application or website), or as otherwise authorized by MGM. MGM Rewards enrollment and membership can only be activated by presentation of valid, government-issued photo identification at an MGM Rewards station at participating MGM Rewards destinations or as otherwise authorized by MGM. An MGM Rewards card (the “Card”) may be issued to each MGM Rewards member, and an associated MGM Rewards account created, subject to these Terms and Conditions.

2. Only individual persons are eligible for MGM Rewards Program membership; corporations or other entities cannot become MGM Rewards members. All eligible individuals may generally enroll in the MGM Rewards Program, including immediate family members of MGM employees (as defined in MGM internal policy) and individuals who reside in the same household as MGM employees subject to certain restrictions involving wagering and participation in certain promotions. Each MGM Rewards member is responsible for complying with applicable laws. If participating in the Program would result in a member violating any law, rule, regulation, or order, then the member is ineligible to participate.

3. Up to two (2) eligible MGM Rewards members residing at the same address may link accounts to share certain MGM Rewards benefits. Both members must be present with valid, government-issued photo identification at an MGM Rewards station to link accounts. Either member may request that a link be removed from his/her account in person at an MGM Rewards station with valid, government-issued photo identification. MGM Rewards Cards, MGM Rewards accounts, SLOT DOLLARS®, MGM Rewards Points, Tier Credits and/or benefits cannot otherwise be combined among members, their estates, successors or assigns. Neither accrued MGM Rewards SLOT DOLLARS®, MGM Rewards Points, or Tier Credits, nor MGM Rewards benefits are transferable by a member (i) upon death, (ii) as part of a domestic relations matter, or (iii) by operation of law.

4. Each member is responsible for selecting a confidential Personal Identification Number (PIN) for his/her account as well as online log-in credentials (whether accessed through a personal computer or mobile device, our websites, or other authorized electronic means), and for keeping the PIN and log-in credentials secure. Each member is responsible for all transactions on his/her account when his/her confidential PIN or log-in credentials are used.

5. A member is required to present valid, government-issued photo identification bearing the same name as stated on his/her MGM Rewards Card when requesting that his/her confidential PIN be reset or changed.

6. Duplicate MGM Rewards Cards will be issued to a member with proper identification. Neither the MGM Rewards Program nor MGM is responsible for lost or stolen MGM Rewards Cards. The number of concurrently active Cards may be subject to limits set by MGM.

7. Except as permitted by these Terms and Conditions, a member may not transfer, sell, purchase, trade or barter an MGM Rewards Card, MGM Rewards account, SLOT DOLLARS®, complimentaries (“comps”), MGM Rewards Points, FREEPLAY® offers, food and beverage offers, entertainment offers, Tier Credits or any membership benefit to another individual. Violators of this rule are subject to termination of MGM Rewards Program membership and forfeiture of rewards including, but not limited to, accumulated SLOT DOLLARS®, MGM Rewards Points, Tier Credits and/or benefits, and may be liable for damages and litigation costs, including any Program attorneys’ fees incurred in enforcing this rule.

8. MGM Resorts International is a member of the American Gaming Association and adheres to its Code of Conduct for Responsible Gaming. Persons who are currently entered into the MGM Resorts International self-limit program or state-sponsored self-exclusion programs in Maryland, Massachusetts, Michigan, Mississippi, New Jersey, New York, Ohio, or in any other jurisdiction where MGM Resorts may operate in the future (or who are otherwise prohibited from participating by applicable law) are not eligible for membership in the MGM Rewards Program.

9. By enrolling in the MGM Rewards Program and/or using your Card, members consent to, and agree that any information provided and/or collected in connection with the MGM Rewards Program is subject to, the terms of the MGM Privacy Policy (which is available at www.mgmresorts.com/privacy) and consent to the sharing of their personal and other information with casinos, resorts, properties, hotels, parent companies, subsidiaries, affiliates and partners of MGM Resorts International including its BetMGM-branded gaming platforms in accordance with the MGM Privacy Policy. Information provided by you, about you and/or related to your participation in the MGM Rewards Program will be used to set-up, administer, and/or maintain the Program and your Program account such as providing and/or offering benefits and rewards to you. Subject to applicable legal requirements, members also consent to receiving promotional and informational communications from participating MGM Rewards casinos, resorts, properties, hotels, parent companies, subsidiaries, affiliates, and partners including its BetMGM-branded gaming platforms through various channels including, but not limited to, email, direct mail, push notification, text message, etc. Members may opt-out of receiving marketing emails and marketing direct mail communications from (and/or opt-out from the sharing of personal information for such marketing with) MGM, participating MGM Rewards destinations, MGM’s partners, and/or other third parties, or may update and/or modify their marketing preferences by contacting MGM Rewards Member Services or accessing their online MGM Rewards accounts to update/modify such preferences.

MGM Rewards Card Usage

10. MGM Rewards benefits are based on (i) a member’s expenditures for gaming play and/or certain non-gaming purchases including, but not limited to, those at participating MGM Rewards destinations with presentation or use of a member’s MGM Rewards Card, (ii) a member’s expenditures for gaming play using a BetMGM gaming account linked to a member’s MGM Rewards account, and/or may be obtained based on certain activities and/or transactions through certain BetMGM gaming platforms, and/or other BetMGM-related promotional offers, (iii) the conversion of Marriott Bonvoy Points to MGM Rewards Points in accordance with the MGM Collection with Marriott Bonvoy Terms, and/or (iv) other promotional offers. Questions about the eligibility of earning Tier Credits and MGM Rewards Points for specific non-gaming purchases should be directed to the MGM Rewards desk at the participating MGM Rewards destination for the practice of that resort. Questions about the eligibility of earning Tier Credits for specific BetMGM bets or wagers, and questions about certain activities and/or transactions involving a BetMGM gaming platform should be directed to BetMGM Customer Services.

11. To ensure proper recording of MGM Rewards loyalty balances including, but not limited to, Tier Credits, MGM Rewards Points, and SLOT DOLLARS® for electronic gaming activity, each MGM Rewards member is responsible for properly inserting his/her MGM Rewards Card into a slot machine, video lottery terminal (VLT), electronic table game (ETG), or other authorized device prior to play.

12. To ensure proper recording of MGM Rewards loyalty balances, including, but not limited to Tier Credits and MGM Rewards Points, through the BetMGM platform, members are responsible for ensuring their BetMGM account is linked to their MGM Rewards account. Please contact Member Services if assistance is required.

13. To ensure proper recording of MGM Rewards loyalty balances including, but not limited to, Tier Credits and MGM Rewards Points at certain participating MGM Rewards destinations, members must present their MGM Rewards Card to a table games pit supervisor prior to table games play. MGM Rewards members must satisfy minimum betting requirements to be rated for table games. Please see a table games pit supervisor at participating MGM Rewards destinations for such assistance.

14. To ensure proper recording of MGM Rewards loyalty balances including, but not limited to, Tier Credits for eligible non-gaming purchases at participating MGM Rewards destinations, each member is responsible for presenting his/her MGM Rewards Card at the point of sale. Members may earn Tier Credits by associating their MGM Rewards account number to their hotel folio by contacting the Front Desk and subsequently charging purchases to their hotel folio. However, MGM Rewards Cards are not credit cards.

15. An MGM Rewards member may not accrue MGM Rewards loyalty balances including, but not limited to, Tier Credits, MGM Rewards Points, and SLOT DOLLARS® and/or “comps” or any other membership benefits if his/her MGM Rewards Card is used by another individual.

Redemption of Benefits and Rewards

16. Members may earn Tier Credits during the applicable Tier Status Earning Year which annually begins January 1 and ends December 31 (unless otherwise indicated by MGM). On each January 1, all Tier Credit balances from the prior year reset to zero (0) and a new Tier Status Earning Year begins. Subject to promotional offers and MGM discretion, Tier Credits accumulated during a Tier Status Earning Year determine a member’s Tier Status for the following Tier Status Benefit Year which annually begins February 1 and ends January 31 (unless otherwise indicated by MGM). In the sole discretion of management, special offers and promotions may be offered to certain members whereby the applicable Tier Status, Tier Status Earning Year and/or Tier Status Benefit Year of such members (and persons with linked accounts to such members, if applicable) are set for less than one year and/or may be subject to certain other limitations or requirements. The types of benefits and rewards (“Tier Benefits”) that are available to a member during a Tier Status Benefits Year are based on that member’s Tier Status during that Tier Status Benefits Year.

In addition, a member may advance to one or more higher Tier Status at any time during a given Tier Status Earning Year if the member has earned and/or accumulated the minimum amount of Tier Credits required for such higher Tier Status(s) (as identified by MGM and listed on its MGM Rewards Program website). A member who advances to a higher Tier Status(s) in this manner will retain such higher Tier Status(s) for the remainder of the current Tier Status Benefit Year and the entirety of the following Tier Status Benefit Year. For example, if a member at Sapphire Tier Status advances to the Pearl Tier Status in October 2023, that member would maintain the Pearl Tier Status for the remainder of 2023, all of 2024, and through February 1, 2025 (subject to subsequent Tier Status advancements, if any, as provided herein). Tier Benefits (as identified by MGM including those Tier Benefits (and any applicable limitations) listed on its MGM Rewards Program website) are available to members of the corresponding Tier Status on the date on which a member has earned and/or accumulated the Tier Credits required for such Tier Status.

17. For members at Sapphire Tier Status only, a member’s accumulated SLOT DOLLARS® and MGM Rewards Points may be subject to forfeiture if the member’s MGM Rewards account does not reflect any activity (which means earning SLOT DOLLARS® or earning Tier Credits) for a period of six (6) months . For members at Tier Status of Pearl and above, a member’s accumulated SLOT DOLLARS® or MGM Rewards Points are not subject to forfeiture due to account inactivity. MGM Rewards Points may not be earned, nor are they redeemable, at certain casinos, resorts, and properties of MGM or for certain activities and/or purchases. For example, regulations and other legal requirements in Michigan, New York, and Ohio may restrict the earning and/or redemption of MGM Rewards Points for alcohol products in those jurisdictions. MGM Rewards Points may only be acquired via certain BetMGM gaming platforms in limited situations, but are not redeemable on any BetMGM gaming platform.

18. A member may be required to present valid government-issued photo identification bearing the same name as stated on his/her MGM Rewards Card in order to redeem rewards, including MGM Rewards Points or SLOT DOLLARS® and/ or “comps” or receive tier benefits.

19. MGM Rewards loyalty balances including, but not limited to, Tier Credits, MGM Rewards Points, and SLOT DOLLARS® and “comps” have no cash value.

20. Tier Credits may not be converted to SLOT DOLLARS®, FREEPLAY, or MGM Rewards Points. MGM Rewards Points may not be converted to SLOT DOLLARS®. MGM reserves the right to permit BetMGM Rewards Points (which are available on certain BetMGM gaming platforms) to be converted to MGM Rewards Points. MGM Rewards members may convert their MGM Rewards Points to Marriott Bonvoy Points (or Marriott Bonvoy Points to MGM Rewards Points) in accordance with the MGM Collection with Marriott Bonvoy Terms.

21. Redemption and/or usage of MGM Rewards loyalty balances including, but not limited to, MGM Rewards Points, SLOT DOLLARS®, and FREEPLAY, “comps”, or tier benefits or MGM Rewards Moments by a member is subject to limitations determined in the sole discretion of management, including, but not limited to, limitations listed on the MGM Rewards Program website. Members with Tier Status of Sapphire, Pearl, Gold, and Platinum are limited to a balance of $5,000 in MGM Rewards Points and those Members with NOIR Tier Status are limited to a balance of $10,000 in MGM Rewards Points. Once a member reaches the applicable balance limit, no additional MGM Rewards Points will be awarded for activities that would otherwise result in MGM Rewards Points being awarded. A member will resume receiving MGM Reward Points (up to the applicable balance limit) for only those activities that occur once the member’s MGM Rewards Points balance is below the applicable balance limit. For linked accounts, the individual balances of both members will be combined to determine whether the applicable balance limit has been reached, and the above limitations will apply to both members as if they were a single member.

22. MGM Rewards members who qualify for gaming-related allowance programs (i.e., those that may result in reduction of a member’s gaming indebtedness) are not eligible to earn MGM Rewards Points. Further, allowances received by a member, at the sole and absolute discretion of management, may be applied to reduce a member’s accumulated MGM Rewards Points and/or SLOT DOLLARS® balance.

23. MGM Rewards members who generate high level amounts of gaming activity in table games are subject to exclusion from earning any MGM Rewards Points. Subject to management discretion based on the table games gaming profile of individual members, high level amount of gaming activity is defined as gaming activity spend starting at $25,000 per trip or visit. Management will notify MGM Rewards members with high levels of table gaming activity when they are no longer eligible to earn any MGM Rewards Points.

24. Members whose gaming-related indebtedness remains unpaid for a period of at least sixty (60) days after incurrence, may have the member’s accumulated MGM Rewards Points and/or SLOT DOLLARS® balance forfeited at the sole and absolute discretion of management.

25. Any tax liability resulting from the accumulation or use of MGM Rewards Program benefits is the obligation of the MGM Rewards member.

26. Points earned through the use of the MGM Rewards Mastercard are “MGM Mastercard Points”. MGM Mastercard Points may be redeemed for SLOT DOLLARS® or MGM Rewards Points. Redeem MGM Rewards Points by visiting the MGM Rewards desk or other designated or approved MGM Rewards locations.

General Program Conditions

27. Violation of the terms and conditions of the MGM Rewards Program, including fraud, misrepresentation, misuse of a Card or an MGM Rewards account to manipulate accumulation of rewards or misuse of MGM Rewards loyalty balances including, but not limited to, SLOT DOLLARS®, FREEPLAY and/or MGM Rewards Points by a member, or other improper conduct as determined by management, or if the member has been barred from the resort(s) or from gaming play by the management for business reasons that management determines are appropriate, may subject the member, without limitation, to termination of MGM Rewards Program membership, demotion of the member’s account status, forfeiture of all of the member’s benefits including, but not limited to, accumulated SLOT DOLLARS®, Tier Credits, Tier benefits, FREEPLAY and/or MGM Rewards Points and/or appropriate administrative and/or legal action by MGM or applicable governmental authorities. In addition, MGM reserves the rights to take appropriate legal action to recover damages, including its attorneys’ fees incurred in prosecuting or defending any lawsuit related hereto.

28. Membership in the Program and accumulation of MGM Rewards loyalty balances including, but not limited to, Tier Credits, MGM Rewards Points, and SLOT DOLLARS® and/or benefits do not confer any enforceable contract or vested property rights with respect to Program benefits.

Changes to the MGM Rewards Program

29. MGM Rewards members acknowledge and agree that MGM Rewards membership and its benefits are provided at the discretion of management. Management reserves the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the MGM Rewards Program, its benefits and/or its Terms and Conditions in whole or in part, at any time, with or without notice for any or no reason. This means that management in its sole discretion may at any time, among other things, (1) amend, modify or withdraw any of the MGM Rewards Program Terms and Conditions, (2) cancel, revoke, forfeit or change any member’s membership status, SLOT DOLLARS®, MGM Rewards Points, Tier Credits, Program benefits and/or promotions, (3) change the value of accumulated or future SLOT DOLLARS®, point multipliers, Tier Credits, MGM Rewards Points or benefits, (4) adjust SLOT DOLLARS®, MGM Rewards Points, FREEPLAY or Tier Credit balances and/or otherwise restrict the continued availability of awards, benefits, special offers or promotions, and/or (5) forfeit any MGM Rewards loyalty balances not yet redeemed for reasons management deems appropriate (such as, but not limited to, technical malfunction, error, or any of the listed items in Rule 24 and/or Rule 27 above). Management may make one or more of these changes at any time even though such changes may affect a member’s comps, MGM Rewards Points or ability to use accumulated SLOT DOLLARS® or receive accrued benefits. Management will make reasonable efforts to notify MGM Rewards members of general Program changes that may adversely alter, diminish, forfeit or terminate members’ benefits at least thirty (30) days prior to the effective date of such changes by posting notice on the MGM Rewards Program site that changes have been made, except where the termination or adjustment of member benefits is based on the matters described in Rule 24 and/or Rule 27 above as determined in the sole judgment of management, in which case the changes may result without notice to the member(s). In addition, management may (in its sole discretion) provide notice of such changes through other means (e.g., by email or mail to the address associated with a member’s MGM Rewards account).

30. The MGM Rewards Program is not responsible for products or services offered by third parties that may participate in benefits, offers or special promotions provided to members.

31. DISPUTES, ARBITRATION, AND CLASS ACTION/JURY WAIVER.

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

All decisions concerning the interpretation and application or administration of MGM Rewards Program and its Terms and Conditions are within the sole discretion of management and any dispute regarding the accumulation of SLOT DOLLARS®, MGM Rewards Points or Tier Credits maintained in an MGM Rewards account, and/or the forfeiture of SLOT DOLLARS®, MGM Rewards Points, Tier Credits, Tier benefits or other MGM Rewards benefits will be reviewed by management. Management’s decision in any dispute will be final and binding subject to regulatory approval as required under applicable law. By enrolling in the MGM Rewards Program and/or using your Card, all members acknowledge that such applicable regulatory authority may have exclusive jurisdiction over all such disputes pertaining to the MGM Rewards Program. The courts of the state of the MGM Rewards resort where the dispute arose may have exclusive jurisdiction to review any regulatory decision made concerning an MGM Rewards dispute.

EXCEPT AS OTHERWISE SET FORTH BELOW, ALL MEMBERS AGREE WITH MGM TO RESOLVE ANY AND ALL DISPUTES ONLY THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. IT ALSO ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. AN ARBITRATION DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. MEMBERS MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. EACH MEMBER UNDERSTANDS AND AGREES THAT THEY ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT, OTHER THAN SMALL CLAIMS COURT. EACH MEMBER ALSO UNDERSTANDS AND AGREES THAT THEY ARE GIVING UP THE RIGHT TO HAVE A JURY DECIDE THEIR CLAIM OR TO COMMENCE, PARTICIPATE IN, OR RECOVER THROUGH A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION FOR ANY DISPUTE WITHIN THE SCOPE OF THIS AGREEMENT. MGM AND ALL MEMBERS ALSO ACKNOWLEDGE AND AGREE AS FOLLOWS:

A. Scope of Agreement to Arbitrate; Venue; JAMS Arbitration: Except for (1) claims submitted to small claims court and (2) claims that relate to gaming debts, or that fall within the exclusive jurisdiction of the relevant state’s gaming board, commission, or similar body, any dispute, claim or controversy arising out of or relating to the MGM Rewards Program; these MGM Rewards Program Terms or Conditions; any Member activity at any MGM property; any products or services provided by MGM or that a Member receives from MGM; any advertising for any such products or services; any efforts to collect amounts a Member may owe MGM for such products or services; any dispute with any MGM employees, agents, independent contractors, or vendors; and the breach, termination, enforcement, interpretation, or validity of the MGM Program Terms and Conditions, including the determination of the scope or applicability of this Agreement to Arbitrate, shall be determined by binding arbitration before one neutral arbitrator in Clark County, Nevada unless JAMS Rules require another location. Also, the parties may agree or the arbitrator may decide to conduct the arbitration over the telephone, using video conferencing, or other remote technology.

The Federal Arbitration Act (“FAA”) applies to this agreement to arbitrate. In particular, the FAA applies even if a choice of law principle would result in application of a different law. No provision of this Agreement to Arbitrate will be interpreted to preclude application of the FAA. If a court nevertheless concludes for any reason that the FAA does not apply, then the laws of the State of Nevada shall govern this Agreement to Arbitrate and no effect shall be given to any Nevada choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.

Judgment on any arbitration award may be entered in any court having competent jurisdiction. This clause shall not preclude an arbitration party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. Any arbitration hereunder shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those rules exist on the effective date of this Agreement to Arbitrate, including rules 16.1 and 16.2 of those rules (“JAMS Rules”). These rules are available for your review at https://www.jamsadr.com/rules-comprehensive-arbitration/. The parties agree, notwithstanding anything to the contrary in JAMS Rules, that dispositive motions are permitted. Nothing contained herein prevents a Member from bringing any issues a Member may have to the attention of federal, state, or local government agencies or authorities.

B. No Class, Collective, Representative, or Mass Actions or Arbitrations: Each Member and MGM agree that either may bring claims against the other only in an individual capacity and not as a representative plaintiff or class member in any purported class, collective, representative, or mass arbitration proceeding. Furthermore, unless agreed by a Member and MGM otherwise or except as set forth below in subparagraph J, the arbitrator may not consolidate more than one Member’s claims with another Member’s claims or another person’s claims, and may not otherwise preside over any form of a class, collective, representative, or mass arbitration proceeding. To avoid any doubt, except pursuant to an agreement between the Member and MGM or except as set forth below in subparagraph J, nothing herein allows class, collective, representative, or mass arbitrations even if the relevant arbitration rules and procedures would so provide. Notwithstanding any other provision of this Agreement to Arbitrate, the arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator. If any provision of this subparagraph B is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void, except that the parties’ agreement to bring claims only in an individual capacity and not as not as a representative plaintiff or class member in any purported class, collective, or mass proceeding will remain in effect, including in any court proceeding.

C. Seeking Arbitration; Filing in Small Claims Court: If a Member or MGM seeks to pursue arbitration, or file a small claims court action (as set forth below), the Member or MGM must first send a written notice of the claim (“Notice”) before filing the arbitration demand or the small claims court action. If a Member seeks to file the arbitration demand or small claims court action, the Member must send the Notice by certified mail to: Senior Vice President and Legal Counsel (Litigation), 6385 S. Rainbow Blvd., Suite 500, Las Vegas, Nevada 89118, and must include the Member’s name, address, telephone number, and MGM Rewards Account Number. If MGM seeks to file the arbitration demand or small claims court action, MGM will send a written notice to the email or physical mailing address the Member provided to MGM. If such contact information has not been provided, MGM may also use any other reasonable means to contact the Member to provide the Notice, including by posting a message in the Member’s MGM Rewards Account. A Notice, whether sent by a Member or MGM, must (a) describe the nature and basis of the claim or dispute, including the specific facts that support that particular claimant’s claim; (b) set forth the specific relief sought by that particular claimant, including the amount of damages that claimant seeks (“Demand”). The Notice and Demand shall be signed by the claimant and the claimant shall declare under penalty of perjury that the facts stated in the Notice and Demand are true and correct. The Notice and Demand is designed to allow the party receiving the Notice to make, if appropriate, a fair, fact-based offer of settlement if it chooses to do so within a 30-day period following actual receipt of the Notice and Demand. The party receiving the notice may, but is not obligated to, make a written settlement offer during that time. If a Member and MGM do not reach an agreement to resolve the claim within 30 days after the Notice and Demand are received, the party sending the Notice and Demand may file a claim in any small claims court within the United States having jurisdiction (including personal jurisdiction) to hear the claim or, only if the claim cannot be heard in small claims court, commence an arbitration proceeding. Arbitration forms can be downloaded from www.jamsadr.com. If required by controlling, applicable law, the limitations period for filing a claim will be tolled during the 30-day notice period described in this paragraph. The filing of an arbitration demand is the equivalent of filing a court complaint for purposes of compliance with any applicable statute of limitations.

D. Fees and Costs: The payment of all administrative fees and costs associated with the arbitration, including the payment of all arbitrator fees, will be governed by the JAMS Rules; provided, however, that MGM shall pay any administrative fees or costs incidental to the arbitration that the Member would not incur in a court proceeding. However, if this division of fees and costs conflicts with the laws of the applicable jurisdiction under Paragraph 33 and those laws are not preempted by this agreement or the FAA, the fees and costs terms of that jurisdiction’s laws shall apply.

The prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs unless the laws of the applicable jurisdiction under Paragraph 33 affirmatively prohibit such an award to either party and those laws are not preempted by this agreement or the FAA. Unless forbidden by the laws of the applicable jurisdiction under Paragraph 33, and unless those laws are not preempted by this agreement or the FAA, neither party shall be entitled to an award of reasonable attorneys’ fees and costs if the laws of the applicable jurisdiction under Paragraph 33 do not allow for all parties to the proceeding to recover such fees. In an arbitration, if the arbitrator determines that a claim was filed for purposes of harassment or is frivolous, the non-prevailing party shall reimburse the prevailing party for any administrative fees or costs associated with the arbitration, as well as for the prevailing party’s reasonable attorneys’ fees and costs. At any point during the arbitration or small claims court proceeding and before a final award is rendered by the arbitrator or a final judgment is issued by the small claims court, any party may make an offer of judgment. If the plaintiff or claimant makes an offer of judgment that is not accepted by the defendant or respondent and if that offer is less than what the plaintiff or claimant receives in a final award or a final judgment, then the plaintiff or claimant shall recover the plaintiff or claimant’s attorneys’ reasonable attorneys’ fees and costs. If the defendant or respondent makes an offer of judgment that is not accepted by the plaintiff or claimant and if that offer is greater than what the plaintiff or claimant receives in a final award or a final judgment, then the defendant or respondent shall recover the defendant or respondent’s reasonable attorneys’ fees and costs. The preceding three sentences shall not apply if the laws of the applicable jurisdiction under Paragraph 33 preclude their provisions and those laws are not preempted by this agreement or the FAA. When a recovery of attorneys’ fees and costs is authorized, the arbitrator will rule upon a motion for fees and costs under the same standards a court would apply to such a motion.

E. Hearing: The parties may choose to conduct the arbitration solely on the basis of documents submitted to the arbitrator or through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules.

F. Injunctive Relief: Notwithstanding anything contained herein, each Member and MGM agree that the parties may sue in court to enjoin infringement of intellectual property rights. However, any claim for damages, even if brought in connection with a claim for injunctive relief, must be filed in small claims court or in arbitration pursuant to the terms of this Agreement to Arbitrate.

G. Awards: At the outset of the arbitration, the parties shall consider agreeing to the JAMS Arbitration Appeal Procedures (“Appeal Procedures”) with respect to any final award in an arbitration hereunder. The parties are not required to agree to the Appeal Procedures. The Appeal Procedures will be implemented only by mutual agreement according to the JAMS Rules. An arbitration award, any judgment confirming it, and any decisions by an arbitrator apply only to that specific arbitration; they cannot be used and cannot be given any preclusive, collateral estoppel, or res judicata effect in any other proceeding except to enforce the award itself.

H. Confidentiality: Each Member and MGM shall maintain the confidential nature of the arbitration and any award arising therefrom, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

I. Small Claims Court: For claims within the jurisdictional limit of any small claims court within the United States having jurisdiction (including personal jurisdiction) to hear the claim at issue, the Member or MGM must bring an individual action in small claims court instead of proceeding to arbitration. Also, if the claims in any Notice and Demand for arbitration should have been brought in small claims court, then the party receiving the Notice and Demand may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that choice in writing. Upon receiving such a notice, the party who submitted the Notice and Demand shall only file an action in small claims court and may not file a demand for arbitration. If this provision is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration. Claims brought in small claims court may only be brought in an individual capacity and not as a representative plaintiff or class member in any purported class, collective, representative, or mass proceeding.

J. Mass Filings of Individual Arbitrations: If a Member or MGM submits a Notice or Demand that includes a claim that is similar to the claims of 25 or more Notices and Demands submitted by other persons within 180 days of the Notice or Demand submitted by the Member or MGM, or if counsel for the Member or MGM submits claims to the responding party on behalf of 25 or more persons within 180 days of the Member or MGM’s Notice or Demand, the claims shall proceed in arbitration in a coordinated proceeding pursuant to the terms of this subparagraph J.

Process Arbitrator: JAMS shall appoint a single Process Arbitrator using the JAMS Rules’ arbitrator selection process. MGM will pay all fees related to the Process Arbitrator. The Process Arbitrator will be responsible for addressing procedural issues that involve more than one batch of individualized cases, such as coordinating discovery across batches, deciding whether claims are similar to one another, and determining whether adjustments made be needed to the batching, Bellwether, and mediation procedures set forth below in light of the totality of circumstances presented by a particular set of similar claims. The Process Arbitrator shall not decide the merits of any claims.

Bellwether Proceeding and Mediation: Counsel for the Members and counsel for MGM shall select 5 cases each (10 cases in total) to proceed first in arbitration in a Bellwether Proceeding. The remaining cases shall not be filed in arbitration until the first 10 have been decided by the first merits arbitrator. The period of any applicable statute of limitations will be tolled for a claimant as of the date that the claimant submitted a Notice and Demand. A party who has served a Notice and Demand and who is waiting to file an arbitration demand may instead choose to file a claim in a small claims court within the United States having jurisdiction over the claim. Following the first merits arbitrator’s final award, that merits arbitrator shall provide a JAMS-appointed mediator and counsel for all parties having similar claims with a copy of the reasoned decision explaining the bases for the final award with personal information redacted to protect the privacy of the first 10 claimants. MGM will pay all fees related to the mediation. For 90 days following the mediator’s receipt of the redacted reasoned decision, the parties shall negotiate in good faith to achieve resolution of the outstanding claims. If the parties are unable to resolve the remaining cases after the conclusion of this 90-day mediation period, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding followed by another mediation process as described above. This process may continue until the parties are able to resolve all of the similar claims.

Batching of Cases: Each batch of 10 cases shall be filed as a single arbitration proceeding. The arbitration provider shall treat each batch as one case, with each batch and case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. MGM and each Member agree to cooperate in good faith with each other and the arbitration provider to implement this batching approach. If the arbitration provider declines to batch cases or assess fees as provided for above, either party may attempt to negotiate with the arbitration provider regarding administrative and filing fees and then, after engaging in such negotiations, a party required to pay such fees in 25 or more cases involving similar claims may elect to serve notice on all other parties that it will not proceed with arbitration, in which case the other parties must file their claims in court.

Adjustments to the Batching, Bellwether Proceeding, and/or Meditation Process: If a party cannot file a claim in small claims court, and if that party will not be able to file a claim in arbitration within two years of having submitted a Notice and Demand in light of the procedures set forth above, then that party or the responding party may request that the Process Arbitrator adjust those procedures in a manner that will fairly balance the parties’ respective interests. The Process Arbitrator will solicit, consider, and balance the parties’ legitimate interests in formulating a plan for efficiently and fairly arbitrating the claims of such parties. The Process Arbitrator shall consider the parties’ interests in the timely resolution of the claims, the requirement for individualized adjudication of claims, the importance of avoiding excessive fees and costs that may be associated with having a large number of arbitrators hearing similar claims, and other factors that the parties may raise with the Process Arbitrator.

Court Enforcement: A court will have authority to interpret and enforce this subparagraph J and, if necessary, to enjoin conduct that would violate this subparagraph.

Determination of Unenforceability: If any provision of this subparagraph J is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void, except that the parties’ agreement to bring claims only in an individual capacity and not as not as a representative plaintiff or class member in any purported class, collective, or mass proceeding will remain in effect, including in any court proceeding.

K. Savings and survival: Except as provided for in subparagraphs B and J, if a court or arbitrator having jurisdiction finds any portion of this Agreement to Arbitrate unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. No waiver, express or implied, by a Member or MGM of any breach of or default hereunder will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement to Arbitrate shall survive termination of a Member’s membership in the MGM Rewards Program and even after the Member has stopped receiving services or products from MGM.

L. Waiver of Jury Trial: Member and MGM agree to waive their right to a trial by jury for all claims in arbitration. In addition, if for any reason a claim proceeds in court rather than through arbitration, each Member and MGM agree that there will not be a jury trial except as to any specific claims for which applicable law provides for a non-waivable right to a jury trial. Each Member and MGM unconditionally waive, to the maximum extent permitted by applicable law, any right to trial by jury for any dispute, claim or controversy arising out of or relating to the MGM Rewards Program; these MGM Rewards Program Terms or Conditions; any Member activity at any MGM property; any products or services provided by MGM or that a Member receives from MGM; any advertising for any such products or services; any efforts to collect amounts a Member may owe MGM for such products or services; any dispute with any MGM employees, agents, independent contractors, or vendors; and the breach, termination, enforcement, interpretation, or validity of the MGM Program Terms and Conditions, including the determination of the scope or applicability of this Agreement to Arbitrate. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

M. Classwide Settlement: Nothing in this Agreement to Arbitrate shall preclude you or MGM from negotiating or agreeing to a classwide settlement or from participating in any court proceedings in connection with such a settlement.

N. Opting Out: If you are not already bound to an arbitration provision with MGM that covers any of the matters within the scope of this Agreement to Arbitrate where you had the opportunity to opt out of the requirement to arbitrate, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. If you are already bound to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this Agreement to Arbitrate in the manner specified below, but opting out of such revisions shall otherwise have no effect on any previous, other, or future arbitration agreements that you may have with MGM.

The Opt-Out Notice must be postmarked no later than 30 days after the date you receive notice of this Agreement to Arbitrate. You must mail the Opt-Out Notice to Senior Vice President Legal Counsel (Litigation), MGM Resorts International, 6385 S. Rainbow Blvd., Suite 500, Las Vegas, NV 89118. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and email address you provided to MGM. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. Opting out of the Agreement to Arbitrate will not affect the applicability of any other terms or agreements you may have with MGM.

32. If it is determined that the MGM Rewards Program has improperly denied a credit, benefit or award to a member, the member’s sole and exclusive remedy shall be the issuance of the improperly denied credit, benefit, or award if available, or such other alternative comparable benefit as determined by management of the MGM Rewards Program, which shall not have additional liability whatsoever. In no event shall the MGM Rewards Program be liable to any member, or anyone claiming through a member, for any direct, indirect, or consequential damages or lost revenue or profits, claimed to arise out of the acts or omissions of MGM Rewards Program management or any participating MGM Rewards destination in connection with the Program.

33. The laws of the State of Nevada shall govern the validity, construction and interpretation of the Terms and Conditions of the MGM Rewards Program. No effect shall be given to any Nevada choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.

34. MGM Rewards members may request their personal Win/Loss Information Statement by logging into MGM’s website (www.mgmrewards.com). For MGM Rewards members who have recorded gaming activity at MGM Springfield, and have provided MGM an email address at enrollment, a monthly email will be sent to each such member that provides a link to access his/her MGM Rewards Program account so that members may view their personal Win/Loss Information Statements. Such members who have not provided an email address will receive a monthly reminder by regular mail about how to access their Win/Loss Information Statements. Such members may opt out of receiving information about monthly statements at the time they submit their online application for membership by checking the applicable “opt out” box contained on the online enrollment application. Also, such members may “opt out” of receiving information about monthly statements by sending an email to optoutnotice@mgmspringfield.com or a written opt out request to MGM Rewards Opt-Out Administrator, MGM Springfield, One MGM Way, Springfield, MA 01103. A member who did not provide an email address at enrollment or a member who “opted out” of receiving information about their Win/Loss Information Statement may “opt in” to receive such information by email by providing an email address and/or notifying MGM Springfield that the member wants to receive such information in the same manner as set forth for the written “opt out” requests above.

MGM Resorts International offers GameSense information to its patrons to encourage responsible gamingat mgmresorts.com/gamesense (in MA at gamesensema.com). If you or someone you know has a gambling problem or concerns with gambling responsibly, please call the 24-hour National Problem Gambling Helpline at 1.800.GAMBLER (in Maryland, Mississippi, Nevada, and New Jersey), 1.800.327.5050 (in Massachusetts), 1.800.270.7117 (in Michigan), 1.877.8HopeNY or text HOPENY (467369) [Standard Text Rates May Apply] (in New York), or 1.800.589.9966 (in Ohio). Or visit mdgamblinghelp.org mahelpline.org/problemgambling (in MA), OASAS.ny.gov/problem-gambling [or click here to talk with someone now about your gambling] (in New York), or org.ohio.gov (in Ohio) for help. Please play responsibly. If you bet more than you can afford to lose, you've got a problem.

*Standard rates may apply.

Updated on September 30, 2024