SmartCheck Terms & Conditions


Authorization to Debit and Credit Your Account. You agree to the following terms and conditions (“Agreement”) with respect to each Account that is linked to your Loyalty Card:

Participation in this Loyalty Card Program allows you to link your Loyalty Card to a checking account at an eligible U.S. bank or other financial institution (your “Bank”) so you may obtain funds from cash dispensing kiosks located at participating casino properties. The checking account that is linked to your Loyalty Card is referred to in this Agreement as your “Account.” This Agreement is in addition to any agreement that you may have with your Bank. Please review your Bank agreement for any terms, including fees that your Bank may apply to your Account.

Please read this Agreement carefully to understand how this Loyalty Card Program works, as well as your rights and obligations.

Eligibility. You are eligible to register in the Loyalty Card Program offered by the gaming establishment which issued your Loyalty Card (the “Gaming Establishment”) if you are 18 years of age or older and maintain a bank account that may be used in connection with the Loyalty Card Program. If your Account is closed, overdrawn, or if your bank will not pay transactions submitted for payment by Gaming Establishment or its vendor, we may not complete transactions, your Loyalty Card Program privileges may be canceled, and your Loyalty Card may be retained by us if you attempt to use it for a Loyalty Card Program transaction. To register in Loyalty Card Program you must accept the terms of this Agreement and complete the Loyalty Card Program registration process. We reserve the right to deny you registration in the Loyalty Card Program and reject your use of the Loyalty Card and PIN in connection with the Loyalty Card Program for any reason and in our sole discretion.

You Agree. By registering in the Loyalty Card Program, and by using your Loyalty Card or PIN, you agree to be bound by, and comply with, the terms of this Agreement, and you acknowledge and agree that entering your PIN at registration constitutes your binding electronic signature to this Agreement. You acknowledge and agree that any use of your Loyalty Card or PIN constitutes acceptance of, and is subject to, the terms of this Agreement, and that this Agreement contains the entire and final agreement between you and us concerning the Loyalty Card Program. You also agree to use your Loyalty Card or PIN only for personal, family or household purposes and for the purposes described in this Agreement and only in conjunction with transactions conducted on properties of the Gaming Establishment which issued your Loyalty Card. We reserve the right to terminate this Agreement and your Loyalty Card and PIN if you violate any provision of this Agreement or use your Loyalty Card or PIN for an improper purpose.

Authorization to Debit and Credit Your Account. You agree to the following with respect to each Account that is linked to your Loyalty Card: The collection of transactions for cash and the applicable return fees and applicable tax may be performed by EFT(s) or draft(s) drawn from your Account. This authorization shall remain in full force and effect until we have received written notification from you terminating this authorization in such time and in such manner as to afford us and the Bank holding your Account a reasonable opportunity to act on it, provided that all obligations to Gaming Establishment have been paid in full.

Transaction Types and Limitations.

(a) Transaction Types. You may use your Loyalty Card and PIN to obtain cash back at teller cages or any participating kiosks at Gaming Establishment’s participating location(s). (b) Limitations on Frequency and Amount of Transactions. You may obtain “available cash limits” notifications informing you of a total dollar amount of monies you may be funded from your Account in your current limit period. You may obtain balance advisements during the current limit period informing you of available remaining funds.

Loyalty Card Transactions. When you use your Loyalty Card, you are authorizing Gaming Establishment or its service provider to debit your Account and are agreeing to pay the full amount of the transaction and any applicable fees and taxes regardless of whether there are available funds in your Account. You acknowledge and agree that you are responsible for, and you authorize Gaming Establishment or its service provider in their sole discretion to charge and automatically debit from your Account, the total amount of each Loyalty Card Program payment transaction (including any charges provided for in this Agreement) as shown on any withdrawal order originated by use of your Loyalty Card or PIN, regardless of whether signed by you, and to make credits, debits, and adjustments as required to resolve disputes. A PIN is required for every Loyalty Card Program transaction. You agree that the use of your Loyalty Card or PIN in connection with Loyalty Card Program will have the same effect as your signature authorizing Gaming Establishment or its service provider to access and debit funds from your Account. If your transactions are processed through the automated clearing house (“ACH”) system, you will be bound by the rules of the ACH system governing those transactions as amended from time to time.

Joint Account. If the Account is owned by two or more persons, you represent and warrant that you have all necessary right, power and authority to act on behalf of each other owner of the Account for purposes of this Agreement, including by authorizing us to debit any and all funds in the Account to satisfy transactions authorized pursuant to this Agreement.

Using Your Loyalty Card. Your Loyalty Card and PIN are exclusively for your use. You agree NOT to give your Loyalty Card or PIN to any person or otherwise permit any person to use your Loyalty Card or PIN, and to take reasonable precautions to safeguard them and keep them confidential. Your Loyalty Card and PIN identify and authenticate you when you perform Loyalty Card Program transactions. You authorize us to rely on your Loyalty Card and/or PIN to identify you, and as signature authorization for any Loyalty Card Program transaction performed. You acknowledge and agree that, if you permit another person to use or give another person your Loyalty Card or PIN, you are responsible for any Loyalty Card Program transaction performed, cash obtained and charges incurred by such person, even if that person exceeds your authorization.

Limitation on Liability. Gaming Establishment and its service providers will not be liable for any loss or damage you incur as a result of any dealings with, or services provided by, the Bank that holds your Account. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GAMING ESTBLISHMENT AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Other Limitations. We also may limit the number of Loyalty Card Program transactions you can make within a particular period of time, or suspend your right generally to make Loyalty Card Program transactions for a period of time, based on information we receive from a consumer reporting agency or a check verification service provider, or to otherwise preserve the security and integrity of the Loyalty Card Program. We reserve the right to change these limits at any time in our discretion.

Disclaimer of Warranties. GAMING ESTABLISHMENT AND ITS SERVICE PROVIDERS DO NOT MAKE, AND WE HEREBY DISCLAIM TO THE EXTENT PERMITTED BY LAW, ANY WARRANTIES REGARDING TH LOYALTY CARD PROGRAM, THE USE OF YOUR LOYALTY CARD OR PIN OR ANY GOODS OR SERVICES PURCHASED THEREWITH, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You authorize the Gaming Establishment which issued your Loyalty Card or its authorized agent(s), service providers or their vendors, to initiate debit entries and credit entries to the Account you have designated electronically or separately in writing, and to debit or credit the same, as applicable, to such Account, in the amount of cash you authorize, using the Loyalty Card or PIN and other amounts owed by you to the Gaming Establishment, including for returned item fees, and in amounts to resolve errors and disputes under the Agreement.   You acknowledge that the origination ACH transactions to your Account via your Gaming Establishment Loyalty Card must comply with the provisions of U.S. law and rules of the National Automated Clearing House Association (NACHA). You agree that you remain responsible for paying such amounts described in this Agreement, including in the event that there are insufficient funds in your Account to cover such amounts. You agree when you present a check to the Gaming Establishment, you authorize the Gaming Establishment, or its authorized agent(s), service providers or their vendors, to process a one-time Electronic Funds Transfer (EFT) or a draft drawn on your account, or process the payment as a check transaction. You acknowledge funds may be withdrawn from your account as soon as the same day you present your check or payment to the Gaming Establishment, and you understand you will not receive your check back from your financial institution. In the event any of your payments return unpaid, you authorize the collection of that payment and a return fee per fee chart below by electronic fund transfer(s) (EFT(s)) or draft(s) drawn from your registered account. This authorization shall remain in full force and effect until the Gaming Establishment has received written notification from you terminating this authorization in such time and in such manner as to afford the Gaming Establishment and the Bank holding your Account a reasonable opportunity to act on it, provided that all obligations to Gaming Establishment Customer Name have been paid in full. You understand that you can terminate this authorization or make inquiries by calling the Gaming Establishment’s authorized service provider: NRT Customer Service at 1-888-868-0686 or by sending a written notice of termination or inquiry to: NRT SmartCheck Customer Service at 744 Pilot Road, Las Vegas, NV 89119.

You authorize the Gaming Establishment, or its agent, to withdraw funds from your Account by: (i) initiating an electronic funds transfer, or (ii) drawing a draft against the Account on your behalf and presenting it to your Bank for payment. You also represent that you are authorized to withdraw funds and, if applicable, to sign checks from the Account. In the event that you change your Account, you will promptly notify the Gaming Establishment, and this authorization will apply to the new Account.

Returned Items. If any transaction you make returns unpaid, you authorize the Gaming Establishment or its authorized service provider and/or their vendors to make an electronic fund transfer from, or paper draft to your Account to collect a fee. You understand and acknowledge that the fee will be determined based on the state in which you used the Loyalty Card or PIN for the transaction that was returned, as set forth in in the Fee Chart below, and as posted at the point-of-sale location where you used your Loyalty Card or PIN. You further understand and acknowledge that, in the event that the returned-item fees posted at the point-of-sale are different from those set forth in the Fee Chart below, the fees posted at the point-of-sale signage shall apply.

 

FEES

AK
$30
AL
$30
AR
$30
AZ
$25
CA
$25
CO
$20
CT
$20
DE
$40
DC
$25
FL*GA*GU
$20
HI
$30
IA
$30
ID
$20
IL
$25
IN
$20
KS
$30
KY
$50
LA*MA
$25
MD
$35
ME
$25
MI*MN
$30
MO
$25
MS
$40
MT
$30
NC
$25
ND
$40
NE
$35
NH
$25
NJ
$30
NM
$30
NV
$25
NY
$20
OH*OK
$25
OR
$35
PA
$30
PR
$10
RI
$25
SC
$30
SD
$40
TN
$30
TX*UT
$20
VA
$50
VI
$20
VT
$25
WA
$30
WI
$25
WV
$25
WY
$30

* States with added costs

StateFormula
FL$25 if check amt <$50. $30 if check amt >$50 but <$300.01. Greater of $40 or 5% of check, if check amt >$300.
GA$30 or 5% of check, whichever is greater
LA$25 or 5% of check, whichever is greater
MI$25 fee, increasing to $35 if not paid following 15 days’ notice
OH$30 or 10% of check, whichever is greater
TX$30 + 8.25%($2.48) sales tax