Club Metro® Official Rules

1.       Michigan law prohibits anyone under the age of twenty-one (21) from gambling. You must be twenty one (21) or older to become a Club Metro® member. As a Club Metro® member, you will from time to time have the opportunity to participate in promotions that will be open only to Club Metro® members. You will also be able to earn points based on your slot and video poker play (during the periods in which we offer that option) and receive other benefits and rewards (such as MotorCity Miles®, while that program remains in effect), which will be tracked in a Club Metro® account, which we will open just for you. You must have your own Club Metro® account; you will not be able to enroll in Club Metro® for anyone else or under anyone else’s account. Your Club Metro® membership will also permit you to use our MotorCity eCASH® option (while that option remains in effect). If you choose to use that option, you will be able to deposit money into and withdraw money from the MotorCity eCASH® component of your Club Metro® account. You will also be able to transfer your MotorCity eCASH® funds between various slot and video poker machines at MotorCity Casino Hotel without the need to handle cash or tickets until you want to cash out.

2.       These Club Metro® Official Rules (“Official Rules”) apply to Club Metro® and all promotions, options, programs, benefits, rewards, points, offers, and privileges offered from time to time to Club Metro® members (the “Club Benefits”), including without limitation MotorCity eCASH® and MotorCity Miles®. Other rules, terms, restrictions, conditions, and disclosures also apply to MotorCity eCASH®, MotorCity Miles® and certain other Club Benefits (including without limitation an obligation that you sign certain acknowledgements, waivers, and/or releases in order to accept, use or benefit from certain Club Benefits). By enrolling in Club Metro® and receiving a Club Metro® card, you are agreeing to these Official Rules, as changed from time to time, and to all of the other rules, terms, restrictions, conditions, and disclosures relating to MotorCity eCASH®, MotorCity Miles®, and the other Club Benefits (“Other Rules”), as changed from time to time. Furthermore, by enrolling in Club Metro® and receiving a Club Metro® card, you are agreeing to the use by MotorCity Casino Hotel and its affiliates and designees of your likeness, first name and hometown for publicity or promotional uses without compensation. The Official Rules and Other Rules, as changed from time to time, are sometimes collectively referred to in this document as the “Rules.” Please visit a Club Metro booth to receive copies of the Rules. References in these Official Rules to “MotorCity Casino Hotel,” “we,” “us,” or “our” refer to Detroit Entertainment, L.L.C. dba MotorCity Casino Hotel and references in these Official Rules to “you” or “your” refer to the applicable individual who reads or receives a copy of these Official Rules and/or enrolls in Club Metro®.

3.       By enrolling in Club Metro® and receiving a Club Metro® card, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: WE reserve the right, at any time, IN OUR SOLE DISCRETION, FOR ANY REason OR NO REASON, and without prior notice to you, to eliminate or change Club Metro®, MotorCity eCASH®, MotorCity Miles®, AND/OR ANY of the other club benefits (including without limitation any PROMOTIONS, OPTIONS, programs, rewards, benefits, offers, points, AND/OR PRIVILEGES ASSOCIATED from time to time WITH CLUB METRO® MEMBERSHIP) AND/or TO cancel or change, AT ANY TIME, IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON, AND WITHOUT PRIOR NOTICE to you, these OFFICIAL rules and/or any OF THE OTHER rules ASSOCIATED FROM TIME TO TIME WITH CLUB METRO® MEMBERSHIP (MEANING ANY OF THE RULES, TERMS, RESTRICTIONS, CONDITIONS, or disclosures relating to MOTORCITY ECASH®, MOTORCITY MILES®, and/or any other promotions, options, programs, rewards, benefits, offers, points, AND/OR PRIVILEGES OFFERED FROM TIME TO TIME TO CLUB METRO® MEMBERS). This paragraph is deemed to be incorporated into and to be in immediate conjunction with every numbered paragraph in this document.

4.       When you enroll in Club Metro®, you will receive a Club Metro® card. If you wish to play more than one slot or video poker machine at a time, you may receive more than one Club Metro® card. You may not let anyone else use your Club Metro® card(s). We reserve the right to close your Club Metro® account if someone else uses or tries to use your Club Metro® card. The Club Metro® card(s) you receive are our property, as are all of the unredeemed Club Benefits in or associated with your Club Metro® account (other than your own funds deposited in the MotorCity eCASH® component through your use of MotorCity eCASH®, to the extent those funds remain in your account). At any time, in our sole discretion, for any reason or no reason, and without prior notice to you, we may cancel any or all of your Club Metro® cards and require you to promptly return any or all of them to us and in each such case we may deem any or all of your unredeemed points, MotorCity Miles®, and/or other Club Benefits to be forfeited and surrendered to us (excluding your own funds deposited in the MotorCity eCASH® component through your use of MotorCity eCASH®, to the extent those funds remain in your account). Because we issue Club Benefits in our sole discretion, we also reserve the right, at any time, in our sole discretion, for any reason or no reason, and without prior notice to you, to cause to be deemed forfeited and surrendered to us any or all unredeemed Club Benefits, including without limitation the balances in your Club Metro® account (except for funds previously deposited in the MotorCity eCASH® component of your Club Metro® account through your use of MotorCity eCASH®, to the extent those funds remain in your account). In the event we close your Club Metro® account, we will mail to you, at the last address we have on record for you, any MotorCity eCASH® funds that remain in your account at the time we close it. The provisions of this paragraph are deemed to be incorporated into and to be in immediate conjunction with every reference in this document to any Club Benefits.

5.       Your Club Metro® card is not a credit card. It cannot be used anywhere other than MotorCity Casino Hotel. Your Club Metro® account is not a bank account. It is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other agency. No interest accrues on any amounts (whether cash, cash equivalents, MotorCity Miles®, points, or other Club Benefits) that are in or associated with your Club Metro® account.

6.       To use your Club Metro® card for MotorCity eCASH® transactions and various other transactions, you will need to choose a personal identification number (“PIN”), in a format we specify. You may not disclose your PIN to anyone else or permit anyone else to use your PIN. It is your responsibility to maintain the confidentiality of your PIN and other information you possess regarding your Club Metro® account, and, except as elsewhere in the Rules expressly set forth, you are responsible for any and all activity that occurs with respect to your Club Metro® account as a result of your failure to keep that information secure and confidential and we will have no liability in connection with any such activity. We may require you to change your PIN. If your PIN is entered incorrectly three or more times in a row, we reserve the right to prevent access to your Club Metro® account. In that case, and until your PIN is properly reset, you will not have access to your account balances or be able to conduct transactions involving various Club Benefits (such as points, MotorCity Miles®, or MotorCity eCASH®). You may only choose or change your PIN in person, in designated locations in the MotorCity Casino Hotel complex, and you may only conduct MotorCity eCASH® transactions, MotorCity Miles® transactions, and various other Club Metro® transactions, in person, in designated locations in the MotorCity Casino Hotel complex or, in some cases, on our website at the following World Wide Web Site address: http://www.motorcitycasino.com/ClubMetro.

7.       We may require you, at any time, to show us your current, valid, unexpired driver’s license, or other government-issued identification card, acceptable to us, displaying your name, photo and other personal information. This is for your safety.

8.       If you play our slot or video poker machines, you must make sure that your Club Metro® card is properly inserted in the card reader the whole time you play so that we can properly track your play. If you play our table games, you will need to present your Club Metro® card to a supervisor at a table game before you begin to play so that your play can be tracked. In accordance with our internal policies as modified from time to time, and subject to our right to terminate Club Benefits (at any time, in our sole discretion, for any reason or no reason, and without prior notice to you), we will award (a) points and MotorCity Miles® on the basis of your tracked slot and video poker machine play, (b) MotorCity Miles® on the basis of your tracked table game play, and (c) MotorCity Miles® in connection with certain “Cash purchases” by you. The term “Cash purchases” means the purchase of certain non-gaming items and services at the MotorCity Casino Hotel complex (e.g., certain food and beverage items, retail items, spa services and products, hotel room rentals) using cash (U.S. currency or such other currency as is accepted by MotorCity Casino Hotel) or cash equivalents or credit cards acceptable to MotorCity Casino Hotel in its sole discretion. In order to receive MotorCity Miles® in connection with a Cash purchase, you will need to provide your Club Metro® card to the MotorCity Casino Hotel employee handling payment or swipe your Club Metro® card at the applicable participating kiosk, in each case at the time of purchase. MotorCity Miles® will not be awarded in connection with purchases made using MotorCity Miles® or purchases of tobacco products, nor will they be awarded in connection with any gratuity not paid on a credit card. MotorCity Miles® will not be awarded in connection with purchases made outside of the MotorCity Casino Hotel complex; accordingly, MotorCity Miles® will not be awarded in connection with purchases of tickets to events at Sound Board unless the purchase occurs at the Sound Board box office. You may make certain purchases of non-gaming items and services at the MotorCity Casino Hotel complex using a combination of Cash and MotorCity Miles® (aka split tender) but will only receive MotorCity Miles® based on the Cash portion of the Cash purchase. If two or more Club Metro members participate in a split tender or other division of payment relating to a Cash purchase (e.g., splitting the cost of a restaurant meal or hotel room stay), the MotorCity Miles® awarded for the purchase will not be split; instead, the total number of MotorCity Miles® awarded for the applicable purchase will be credited to the Club Metro® account associated with the first Club Metro® card that a MotorCity Casino Hotel employee processes in connection with payment for the transaction. (Neither split tenders nor other divisions of payments relating to Cash purchases can be processed at kiosks.) You may use Club Metro® discounts in connection with Cash purchases but will only receive MotorCity Miles® on the sale price as adjusted after applying the discount. Generally, MotorCity Miles® received in connection with Cash purchases will be credited to your Club Metro® account approximately forty-eight (48) hours following completion of your transaction; however, we reserve the right in connection with any items you acquire via a Cash purchase to delay your receipt of MotorCity Miles® for up to fourteen (14) days following completion of your transaction, or such longer period as we select in our sole discretion. Furthermore, items (not services) acquired via a Cash purchase may be returned in accordance with our normal return policy; following the return, MotorCity Casino Hotel will deduct from your Club Metro® account MotorCity Miles® equal in number to the number that had been awarded for the applicable Cash purchase, and, in the event such number is greater than the number of MotorCity Miles® remaining in your Club Metro® account at the time of return, at MotorCity Casino Hotel’s election, your Club Metro® account balance will be negative. You will not be permitted to purchase tobacco products or alcoholic beverages at the MotorCity Casino Hotel complex using MotorCity Miles®. At our sole discretion, we will also make available to you various other Club Benefits based on your play and/or other criteria established by us in our sole discretion, from time to time.

9.       We reserve the right to adjust the balances in your Club Metro® account (including without limitation any balance involving points, MotorCity eCASH®, or MotorCity Miles®) whenever we deem it necessary or appropriate due to equipment or computer malfunction, operator error and/or illegal or fraudulent activity, or to reflect any other account adjustment we deem appropriate in our sole discretion. We reserve the right to require you to sign an acknowledgement of the adjustment but your failure to sign such document will not affect our right to make the adjustment.

10.    On April 1, 2012, “comps” that you earned as a Club Metro® member prior to that date but did not redeem before then (and that were not otherwise forfeited) were converted to MotorCity Miles® (the “Carryover Miles”), and your Club Metro® account was adjusted to delete all “comps” and to replace them with your Carryover Miles. Your Carryover Miles had to be redeemed on or before March 31, 2013 at 11:59 p.m. Detroit time (the “Redemption Deadline”); any Carryover Miles that were not redeemed or otherwise forfeited by that Redemption Deadline expired and were deemed forfeited and surrendered to us at the Redemption Deadline, and were deleted from your Club Metro® account. All MotorCity Miles® awarded on or after April 1, 2012 will expire and be deemed forfeited and surrendered to us at 11:59 p.m. Detroit time on the date that is one (1) year from the date they were awarded if not redeemed or otherwise forfeited prior to that date/time (e.g., MotorCity Miles® awarded on May 1, 2013 will expire at 11:59 p.m. on April 30, 2014 if not redeemed or otherwise forfeited before then), and they will subsequently be deleted from your Club Metro® account. Other Club Benefits will expire on such dates as we designate from time to time in our sole discretion (and will thus be deemed forfeited and surrendered to us on those dates, except for funds previously deposited in the MotorCity eCASH® component of your Club Metro® account through your use of MotorCity eCASH®, to the extent such funds remain in your account). Please note that, as elsewhere in these Official Rules explained, we reserve the right to cancel, suspend, or modify the MotorCity Miles® program, MotorCity eCASH® program, and/or any other Club Benefits, at any time, in our sole discretion, for any reason or no reason, and without prior notice to you.

11.    If there is no play conducted using your Club Metro® card for one hundred eighty (180) or more consecutive days and you made no Cash purchases during that time period, your Club Metro® membership may, in our sole discretion, be considered inactive and we may cancel your membership and close your Club Metro® account. In that case, any MotorCity eCASH® funds remaining in your account will be mailed to the last address we have on record for you, and any other balances in your account and all other unredeemed Club Benefits will be deemed forfeited and surrendered to us. If you go through any calendar quarter without conducting any MotorCity eCASH® transactions, we reserve the right to treat the MotorCity eCASH® component of your Club Metro® account as inactive and close it at the end of the applicable quarter, in which case any MotorCity eCASH® funds remaining in your account will be mailed to the last address we have on record for you.

12.    Your Club Metro® membership, Club Metro® card(s), PIN, Club Metro® account, and associated balances (e.g., points, MotorCity Miles®, MotorCity eCASH®) and other Club Benefits cannot be transferred to anyone else except i) as we expressly permit (although we reserve the right to deny permission in our sole discretion, for any reason or no reason); and ii) if you die, any MotorCity eCASH® funds and any points in your Club Metro® account at the time of your death may be transferred in accordance with law and our internal policies. In the case of any litigation arising in connection with an effort to cause or effectuate any such transfer, you (or, in the case of your death, your estate) will be obligated to pay all costs that we incur, including reasonable attorneys’ fees and court costs.

13.    We will disclose information to third parties about your Club Metro® account, your transactions relating to your Club Metro® membership (including without limitation transactions involving MotorCity eCASH® and MotorCity Miles®), and other information regarding your Club Benefits (i) when you give us your written permission to do so, (ii) when we deem it necessary or appropriate in connection with providing Club Benefits or complying with legal process (such as subpoenas, search warrants, summons, or other court orders), or requirements imposed by the Michigan Gaming Control Board or other government agencies, or (iii) when we otherwise deem it necessary or appropriate, in connection with legal proceedings or otherwise; we have no obligation to inform you of any such disclosure except when required by law to do so.

14.    If you believe your Club Metro® card or PIN has been lost or stolen or has been or will be used without your permission, you must telephone us immediately at (866)752-9622and then follow up as soon as you can (not later than ten (10) business days after calling us) by writing to us at Club Metro, MotorCity Casino Hotel, 2901 Grand River Avenue, Detroit, MI 48201. (Our business days are Monday through Friday; federal and state holidays are not included). When you write to us, tell us your full name and Club Metro® account number and the specific issue. Except as otherwise stated in the Rules for MotorCity eCASH®, we will not be liable to you for any monetary loss or other loss to you (e.g., loss of points, MotorCity Miles®, or other Club Benefits) arising in connection with your Club Metro® card or PIN being lost or stolen or used without your permission.

If you suspect an error affecting your Club Metro® membership or Club Metro® account (including your PIN), you must telephone us immediately at (866)752-9622 and then follow up as soon as you can by writing to us at Club Metro, MotorCity Casino Hotel, 2901 Grand River Avenue, Detroit, MI 48201. We must hear from you no later than ten (10) business days after you FIRST knew or should have known of the suspected error. When you write to us, tell us your full name and Club Metro® account number, and give us the details regarding the suspected error. We will investigate and get back to you within forty five (45) days and will promptly take corrective measures, provided that we have been able to verify such error, and further provided that such error was made by us. If you do not notify us within the 10-buisness-day time period, we will have no obligation to investigate or correct the suspected error.

15.    Individuals who have elected to become disassociated persons under Michigan law or to be placed on our list of self-excluded persons or who are excluded by the Michigan Gaming Control Board or otherwise barred from entry to the MotorCity Casino Hotel complex (each, an “Ineligible Individual”) are ineligible to be a Club Metro® member, and, thus, are ineligible to conduct transactions involving MotorCity eCASH® or MotorCity Miles® and are not entitled to any Club Benefits. If a Club Metro® member becomes an Ineligible Individual we will immediately cancel his/her membership and close his/her Club Metro® account, and all unredeemed Club Benefits and balances will be deemed forfeited and surrendered to us (except for funds previously deposited in the MotorCity eCASH® component of your Club Metro® account through your use of MotorCity eCASH®, which funds remaining in your account will be mailed to the last address we have on record for you).

16.    You agree that our liability to you is limited as elsewhere in the Rules set forth and that, in any event, we will have no liability to you except in the case of our gross negligence or willful misconduct or as otherwise required by law, and that any liability that we might have to you will be limited to your actual damages; you will not be entitled to consequential, special, exemplary, incidental, or any other types of damages. You further agree that any claims against us will be resolved by arbitration on an individual (not a class) basis and in accordance with the rules of the American Arbitration Association and without resort to any courts or administrative agencies. If any provision of these Official Rules is found to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the balance of these Official Rules; instead, the balance of these Official Rules shall be construed as if not containing the particular invalid or unenforceable provision, and your rights and obligations and those of MotorCity Casino Hotel shall be construed and enforced accordingly. No waiver by MotorCity Casino Hotel of any provision of these Official Rules on any one occasion shall be deemed a waiver on any other occasion, nor shall the waiver of any one provision extend to any other provision.