SMS Terms & Conditions
Last Updated 11/6/2025
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED BELOW.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN OUR SMS PROGRAM. MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER TO PARTICIPATE.
Churchill Downs Incorporated’s subsidiary companies (collectively “Company,” “our,” “us,” or “we”) provides these SMS Terms & Conditions (“Terms”) which govern the provision and delivery of text messages by any of the Subsidiary Companies of Churchill Downs (“SMS Program”). Each Subsidiary Company may offer its own SMS Program. A user may opt-in to receive SMS messages by texting, providing your phone number on our websites or mobile applications, through transactions or communications, through registration in our players club, at any player services location, or through a marketing kiosk. At any time, the user can cancel participation in an SMS Program of a Subsidiary Company by replying STOP (QUIT, CANCEL, UNSUBSCRIBE, END, or TERMINATE) to any text message received through the SMS Program of the Subsidiary Company. A user may be enrolled in multiple SMS Programs offered by any Subsidiary Company. Cancellation of participation in one Subsidiary Company’s SMS Program does not cancel participation in an SMS Program offered by any other Subsidiary Company. Service will continue until user cancels.
By confirming your participation, you represent that you are 21 years of age or older, that you are not currently excluded or barred from the Subsidiary Company or its marketing, that you are the account holder for the mobile number provided, and have permission to agree to these Terms. By using this SMS Program, you, the user, consents to our Privacy Policy and these Terms. Once enrolled, you will receive recurring marketing text messages from or on behalf of the Company with information, special offers and upcoming event promotions.
For purposes of these Terms, “Company,” “our,” “us,” and “we” include, without limitation, Calder Casino, Chaser’s Poker Room, Colonial Downs Racetrack, The Rose, Rosies, del Lago Resort & Casino, Derby City Gaming & Hotel, Derby City Gaming Downtown, Ellis Park Racing & Gaming, Fairgrounds Race Course Slots & OTBs, Hard Rock Hotel & Casino Sioux City, Harlows Casino Resort & Spa, Newport Racing & Gaming, Oak Grove Racing, Gaming & Hotel, Ocean Downs Casino, Owensboro Racing & Gaming, Oxford Casino Hotel, Presque Isle Downs & Casino, Riverwalk Casino Hotel, Terre Haute Casino Resort, and Turfway Park Racing & Gaming (individually a “Subsidiary Company,” or collectively the “Subsidiary Companies of Churchill Downs”)
Please play responsibly. Gambling Problem? Call the National Problem Gambling Helpline at 1-800-522-4700.
KY, MD, PA: If you know someone who has a gambling problem and wants help, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER (1-800-426-2537).
FL: 1-888-ADMIT-IT, IA: 1-800-BETS-OFF, IN: 1-800-9-WITH-IT or TEXT INGAMB to 53342, LA: 1-877-770-STOP, ME: Maine Residents call 2-1-1, MS: 1-888-777-9696, NH: 1-603-724-1605, NY: 1-877-8-HOPENY or TEXT HOPENY (467369), VA: 1-800-532-3500
Messaging Frequency:
The number of text messages you receive may vary depending on the promotions and offers available. You may receive additional messages with information regarding the SMS Program, confirmation of your opt-in or opt-out, and other messages which you may have requested as a result of your use of the SMS Program. Message and Data rates may apply.
How to Opt-Out or Request Support:
Messages recur until the user cancels the service. To cancel, Text STOP to the phone number or short code of a text message delivered by the Subsidiary Company through the SMS Program. Text HELP to the phone number or short code of a text message delivered by the Subsidiary Company through the SMS Program. We may not recognize other commands and are not responsible if your request to opt-out does not comply with these Terms. You must separately opt-out of each number from which you’ve opted-in for each SMS Program.
We may change the phone number or short code from which we send text messages. Opt-out or other requests sent to a phone number or short code that has been changed may not be received by us and we are not responsible for honoring request sent to a phone number or short code that has been changed.
Privacy Policy:
Mobile phone user privacy is extremely important to us, you may view our privacy policy on our websiteat https://www.churchilldownsincorporated.com/privacy-policy/. We may modify, supplement or amend our Privacy Policy at any time. Any such revision will be effective upon its posting.
Text messaging originator opt-in data and consent will not be shared with third parties, except within CDI and our Affiliates. We may share personal information internally within our company and with other affiliates or subsidiaries in the Churchill Downs Incorporated family of companies (i.e., any organization we own or control).
Offers:
The information, promotions and offers received or made available through your participation is for informational purposes. All offers and/or promotions are subject to change or termination at the Company’s discretion. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
Limitations:
The Company’s SMS Program is available on most carriers. Requires text-enabled handset. Carriers are not liable for delayed or undelivered messages.
Changes to these Terms:
We may modify, supplement or amend these Terms at any time. Any such revision will be effective upon its posting to this site.
Contact:
If there are any questions regarding these Terms, our Privacy Policy or the service, you may contact us using the information below.
Churchill Downs Incorporated
Attn: Legal Department
600 N Hurstbourne Parkway, Ste. 400 Louisville, Kentucky 40222
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your participation, including, but not limited to, any content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from this SMS Program.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
WAIVER OF CLASS ACTION PARTICIPATION:
YOU AGREE THAT BY PARTICIPATING IN THIS SMS PROGRAM YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
ARBITRATION:
WITH THE EXCEPTION OF COMPLAINTS FILED BY RIGHT AS SET FORTH BY APPLICABLE GAMING LAW AND REGULATIONS, YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, YOUR PARTICIPATION IN THE SMS PROGRAM, OR YOUR DEALINGS WITH THE COMPANY SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED BY JUDICIAL ARBITER GROUP, INC. (“JAG”) USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAG ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF JAG. IF JAG IS UNABLE OR UNWILLING TO ARBITRATE A DISPUTE, THEN THE DISPUTE MAY BE REFERRED TO ANY OTHER ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND THE COMPANY AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU, AND THE COMPANY MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN KENTUCKY. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. NEITHER YOU NOR THE COMPANY WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
LIMITATION OF ACTIONS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANYWAY TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICE, OR YOUR AND THE COMPANY’S DEALINGS WITH ONE ANOTHER MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION — I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION — SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION LOCATED IN DADE COUNTY, FLORIDA AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE SMSPROGRAM. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879.
IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST PARTICIPATE IN THE SMS PROGRAM, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
Churchill Downs Incorporated
600 N Hurstbourne Parkway, Ste. 400 Louisville, Kentucky 40222
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in Jefferson County, Kentucky, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These Terms will be governed by Kentucky law, without giving effect to any principles of conflicts of laws.
Entire Agreement
The Terms of Use constitutes the sole and entire agreement between you and the Company regarding this SMS Program and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.