PLAY AN HOUR STAY FREE PROGRAM
TERMS AND CONDITIONS

  1. DETROIT ENTERTAINMENT, L.L.C. d/b/a MOTORCITY CASINO HOTEL (“MOTORCITY CASINO HOTEL”) RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME, FOR ANY REASON OR NO REASON, AND WITHOUT PRIOR NOTICE TO ANYONE, TO SUSPEND, CANCEL, OR MODIFY, IN WHOLE OR PART, THE PLAY AN HOUR STAY FREE PROGRAM (“PROGRAM”), AND/OR ANY PROVISION OF THESE TERMS AND CONDITIONS. The immediately preceding sentence is deemed to be incorporated into and to be in immediate conjunction with every provision of these Terms and Conditions. NO ENTRY FEES WILL BE CHARGED FOR PARTICIPATION IN THIS PROGRAM. THIS PROGRAM IS ONLY OPEN TO INDIVIDUALS WHO HAVE NEVER BEEN CLUB METRO MEMBERS OR WHOSE CLUB METRO MEMBERSHIP HAS BEEN INACTIVATED BY MOTORCITY CASINO HOTEL DUE TO LACK OF GAMING ACTIVITY; IT IS NOT OPEN TO CURRENT CLUB METRO MEMBERS OR INDIVIDUALS WHOSE CLUB METRO ACCOUNTS HAVE BEEN OTHERWISE INACTIVATED OR CLOSED. TO PARTICPATE IN THIS PROGRAM, THE INDIVIDUAL WILL BE ASKED TO SUPPLY A VALID EMAIL ADDRESS (AS DESCRIBED BELOW); IF THE INDIVIDUAL HAS PREVIOUSLY UNSUBSCRIBED (OPTED-OUT) FROM RECEIVING EMAILS FROM MOTORCITY CASINO HOTEL, THEN BY SUPPLYING AN EMAIL ADDRESS IN THIS PROGRAM, HE/SHE WILL BE DEEMED TO HAVE RE-SUBSCRIBED (OPTED-IN) TO RECEIVE EMAILS FROM MOTORCITY CASINO HOTEL AT THAT EMAIL ADDRESS.

  2. Each individual desiring to participate in this Program must meet the following initial eligibility requirements (and anyone meeting all of those requirements will be referred to herein as an “Eligible Individual”): (a) he/she must be 21 years of age or older, (b) he/she must be seeking a membership in MotorCity Casino Hotel’s Club Metro either (i) for the first time (having never before been a member) or (ii) by reactivation of his/her previously opened Club Metro account that MotorCity Casino Hotel had subsequently inactivated pursuant to its policies regarding inactivation due to lack of member gaming activity (such account being an “Inactivated Account” and such individual being an “Inactivated Member”) and not as a result of his/her membership in Club Metro having been otherwise inactivated or closed, and (c) he/she must not otherwise be prohibited under these Terms and Conditions from participating in this Program. Each Eligible Individual desiring to participate in the Program must visit the Club Metro booth (located in MotorCity Casino Hotel’s casino, which is referred to herein as the “Casino”) during its normal hours of operation (or contact a Casino shift manager or other authorized member of MotorCity Casino Hotel’s personnel) and complete the applicable process for becoming a Club Metro member (which will involve opening a new account if not previously a member or reactivating an Inactivated Account if an Inactivated Member, with such individual being referred to herein as a “Program Member” following completion of that process). Membership in Club Metro is free; no purchase is required. Each Program Member must comply not only with these Terms and Conditions but also with the Club Metro® Official Terms and Conditions, which are available in the Casino at the Club Metro booth during its normal hours of operations and should be carefully reviewed. Each Program Member who has an email account will also be asked to provide MotorCity Casino Hotel with that email address (which can be provided either at the Club Metro booth or at one of the participating kiosks located elsewhere in the MotorCity Casino Hotel complex, each being herein referred to as a “Kiosk”) within the seven (7) day period following the date he/she becomes a Program Member (or such other period of time as MotorCity Casino Hotel establishes in its sole discretion); that email address will be deemed a “Valid Email Address” if MotorCity Casino Hotel in its sole discretion determines it to be valid in accordance with its customary criteria for determining such validity.

  3. After completion of the process for becoming a Club Metro member, the Program Member will have the opportunity to receive an offer for a single “free” one (1) night stay in a standard hotel room at MotorCity Casino Hotel’s hotel (the “Hotel Room Offer”) (the redemption of which will be subject to the MCCH Hotel Room Policies set forth below, with costs imposed as therein set forth), provided he/she accrues a minimum of one (1) hour of “Rated Slot Play” (as defined below) or a minimum of one (1) hour of Rated Table Play (as defined below) at the Casino during the “Rated Play Accrual Period” (which is the twenty four (24) hour time period following the time the individual becomes a Program Member). The Program Member will be treated as engaged in “Rated Table Play” if he/she is actively wagering and participating in a session of table game play, at a table game in the Casino, using his/her current and valid Club Metro card (“Authorized Card”), with the session being deemed to begin when MotorCity Casino Hotel’s table games personnel open the rating for the Program Member in MotorCity Casino Hotel’s computer system (using the Program Member’s Authorized Card) and the session being deemed to end when MotorCity Casino Hotel’s table games personnel close that rating in MotorCity Casino Hotel’s computer system. For purposes of calculating a Program Member’s Rated Table Play in this Program, MotorCity Casino Hotel will aggregate the total number of minutes of the applicable Program Member’s Rated Table Play during the applicable Rated Play Accrual Period (regardless of whether at one table or multiple tables). The Program Member will be treated as engaged in “Rated Slot Play” if he/she is actively wagering and playing a slot machine or video poker machine in the Casino using his/her Authorized Card, with the session being deemed to begin when the Program Member properly inserts his/her Authorized Card into that machine’s card reader and the session being deemed to end when that Authorized Card is removed (provided that active play continues until then). For purposes of calculating a Program Member’s Rated Slot Play in this Program, MotorCity Casino Hotel will aggregate the total number of minutes of the applicable Program Member’s Rated Slot Play during the applicable Rated Play Accrual Period (regardless of whether at one machine or multiple machines). Any Program Member desiring to check the status of his/her efforts to accrue sufficient Rated Table Play or Rated Slot Play (sometimes referred to as “Rated Play”) for receipt of a Hotel Room Offer will be able to swipe his/her Authorized Card at a Kiosk during the applicable Rated Play Accrual Period and then view a screen that will provide the Program Member with a status update.

  4. Each Program Member who succeeds in accruing one (1) hour of Rated Play during the applicable Rated Play Accrual Period and is not otherwise prohibited under these Terms and Conditions from participation in the Program will receive a Hotel Room Offer, which will be uploaded as soon as practical to the Program Member’s Club Metro Account and will then be available for redemption during the next one-hundred twenty (120) days or such other period of time as MotorCity Casino Hotel establishes in its sole discretion (the “Redemption Period”), provided that the Program Member is not otherwise prohibited at that point from participating in the Program. If the Program Member has supplied MotorCity Casino Hotel with a Valid Email Address, MotorCity Casino Hotel will send an email to that Valid Email Address notifying the Program Member of his/her receipt of that Hotel Room Offer and the applicable Redemption Period (the “Notice Email”). MotorCity Casino Hotel has no obligation to notify any Program Member of receipt of a Hotel Room Offer at any other email address or by any other means nor does MotorCity Casino Hotel have any obligation to contact any Program Member (by email or otherwise) regarding any failure to achieve sufficient Rated Play within the applicable Rated Play Accrual Period or any other aspect of the Program, but may do so in its sole discretion. Each Program Member who has earned a Hotel Room Offer may also review its status during the Redemption Period by swiping his/her Authorized Card at a Kiosk, by requesting an update at the Club Metro booth during its normal hours of operation, or by creating an online Club Metro account via www.motorcitycasino.com and logging on to it. Each Program Member who earns a Hotel Room Offer must fully redeem it prior to expiration of the Redemption Period, as the Hotel Room Offer will expire at the end of the Redemption Period and be void thereafter. The Hotel Room Offer must be accepted by the Program Member exactly as provided, and no Hotel Room Offer may be assigned or otherwise transferred.

  5. It is the responsibility of each Program Member seeking to engage in Rated Slot Play to make sure his/her own Authorized Card is properly inserted into the card reader on the applicable slot machine or video poker machine and that it is working properly, and it is the responsibility of each Program Member seeking to engage in Rated Table Play to make sure that he/she gives his/her Authorized Card to MotorCity Casino Hotel’s table games personnel at the applicable table game and that a rating is opened in MotorCity Casino’s computer system. If an Authorized Card is not working properly, a duplicate card may be obtained free of charge at the Club Metro booth during its normal hours of operation. In the event a Program Member experiences a problem with or believes there has been a malfunction of a Kiosk, slot machine, video poker machine, card reader, or any other equipment or system used in connection with this Program, he/she must immediately notify MotorCity Casino Hotel’s personnel of the problem.

  6. No Program Member may receive more than one (1) Hotel Room Offer under this Program. Accordingly, once a Program Member has earned one (1) Hotel Room Offer, he/she will not be able to earn or receive another Hotel Room Offer, even if the original Hotel Room Offer is never redeemed or if the individual’s Club Metro account is inactivated or closed and then reactivated or a new Club Metro account is opened for that person.

  7. MotorCity Casino Hotel’s standard hotel room policies will apply to each Program Member’s reservation and use of a hotel room in connection with redemption of his/her Hotel Room Offer, and include, but are not limited to, the following:

    1. Reservation Procedures. Program Members must make their own reservations directly with MotorCity Casino Hotel, (either by calling 313-237-6733 or toll free at 866-STAYMCC.) and must provide a valid, acceptable major credit card. Reservations are subject to room availability, which may be limited or non-existent depending on the day. When making the reservation, Program Members with special needs (or who will be accompanied by individuals with special needs) should discuss those needs with MotorCity Casino Hotel staff and specifically identify any desired accommodations. The maximum hotel guest room occupancy is two guests per room in which there is one king bed and four guests per room in which there are two queen beds. MotorCity Casino Hotel’s current check-in time is 4:00 p.m. and current check-out time is 11:00 a.m.  MotorCity Casino Hotel will accommodate early arrivals/late departures to the extent reasonable under the circumstances. If a Program Member cancels his/her scheduled reservation after 6:00 p.m. on the date prior to the date of his/her scheduled arrival or does not show up for his/her scheduled reservation by the designated check-in time on the date of his/her scheduled arrival, he/she will be deemed to have forfeited the Hotel Room Offer and will be charged a fee on his/her credit card in an amount up to the full single night rate for the applicable room type (and will be prohibited from re-scheduling his/her stay or otherwise redeeming that Hotel Room Offer or obtaining any other Hotel Room Offer).  MotorCity Casino Hotel reserves the right to charge a late check-out fee of up to the full single night rate for the applicable room (depending on the time of check-out) to any Program Member who checks out after the check-out time.   If a Program Member anticipates a need for baggage storage due to early arrival at or late departure from MotorCity Casino Hotel’s hotel, he/she should provide MotorCity Casino Hotel’s staff with reasonable advance written notice so that MotorCity Casino Hotel can endeavor to make appropriate baggage storage arrangements.
    2. Room and Related Charges. Each Program Member is responsible for payment of all incidentals charged to his/her guest room or associated with his/her stay; to ensure payment of those charges, he/she must provide a valid credit card at check-in, thereby agreeing that MotorCity Casino Hotel is authorized to charge, to that card, at any time thereafter, a guest room deposit (as established by MotorCity Casino Hotel in its sole discretion, which amount is currently $50), as well as all incidental charges. Any Program Member who does not have a credit card must provide a cash deposit at check-in to cover all such charges; MotorCity Casino Hotel is entitled to apply that deposit against any or all of those charges and, at check-out, the Program Member must pay any charges that exceed that deposit; any unused deposits will be refunded following departure.
    3. Room Amenity Delivery Charge. If a Program Member desires to provide room amenities to be delivered by MotorCity Casino Hotel but not prepared by MotorCity Casino Hotel and MotorCity Casino Hotel agrees in its sole discretion to deliver same, a per item/per room delivery charge will be imposed.  This charge is customarily $2.00 per item/per room, but it will be greater if the circumstances warrant it (e.g. if refrigeration is required, if delivery is complicated), and the final charge will be computed when the Program Member finalizes the arrangements with MotorCity Casino Hotel.
    4. Guest Room Policies. Maintaining the integrity and quality of MotorCity Casino Hotel’s hotel guest rooms and suites is vital. Furniture, fixtures, artwork, etc. may not be re-arranged, moved or removed.  Additional furnishings, including folding tables, may not be added. Exhibits, displays, décor, signage, etc. are not permitted in the hotel corridors, elevator foyers, on doors or elsewhere on guest room floors or in the hotel guest rooms or suites.  Furthermore, taping or affixing of any materials to walls, floors or ceilings, by any means, is prohibited. The Program Member will be responsible for reimbursing MotorCity Casino Hotel for whatever repair or replacement costs it incurs as a result of damage arising in connection with the Program Member’s redemption of a Hotel Room Offer.

  8. COMPUTER, MECHANICAL, OR POWER PROBLEMS MAY SOMETIMES PREVENT AUTHORIZED CARDS, SLOT MACHINES, VIDEO POKER MACHINES, PLAYER TRACKING EQUIPMENT, KIOSKS, AND/OR OTHER EQUIPMENT OR SYSTEMS FROM WORKING PROPERLY; IN SUCH CASE, A PROGRAM MEMBER MAY NOT BE ABLE TO ACCRUE RATED PLAY DURING HIS/HER RATED PLAY ACCRUAL PERIOD OR OBTAIN INFORMATION RELATING TO HIS/HER PARTICIPATION IN THIS PROGRAM. PROGRAM MEMBERS MAY NOT BE ABLE TO TELL FROM LOOKING AT OR PLAYING A SLOT MACHINE OR VIDEO POKER MACHINE OR LOOKING AT A COMPUTER USED TO TRACK TABLE GAME PLAY THAT SUCH EQUIPMENT IS NOT WORKING PROPERLY OR ACCRUING RATED PLAY. MOTORCITY CASINO HOTEL IS NOT RESPONSIBLE FOR THE FAILURE OF A SLOT MACHINE, VIDEO POKER MACHINE, PLAYER TRACKING EQUIPMENT, OR KIOSK TO READ AN AUTHORIZED CARD OR TRACK RATED PLAY, AND MOTORCITY CASINO HOTEL SHALL HAVE NO LIABILITY IN CONNECTION WITH A PROGRAM MEMBER USING AN AUTHORIZED CARD THAT IS NOT WORKING PROPERLY OR PLAYING A SLOT MACHINE OR VIDEO POKER MACHINE THAT IS EXPERIENCING COMPUTER, MECHANICAL OR POWER PROBLEMS; IN SUCH CASE, THE PROGRAM MEMBER DOES SO AT HIS/HER OWN RISK, WITH THE POTENTIAL OF NOT BEING ABLE TO ACCRUE RATED PLAY OR EARN AND RECEIVE A HOTEL ROOM OFFER. ONLY AUTHORIZED MOTORCITY CASINO HOTEL PERSONNEL WILL BE ABLE TO DETERMINE FOR SURE IF A SLOT MACHINE, A VIDEO POKER MACHINE, A KIOSK, PLAYER TRACKING EQUIPMENT, OR OTHER EQUIPMENT OR SYSTEM IS EXPERIENCING COMPUTER, MECHANICAL OR POWER PROBLEMS, OR IF AN AUTHORIZED CARD IS WORKING PROPERLY. MOTORCITY CASINO HOTEL IS NOT RESPONSIBLE FOR ANY INTERNET INTERRUPTION OR CESSATION OR WEBSITE, COMPUTER, SERVER OR OTHER EQUIPMENT OR SYSTEM MALFUNCTION THAT AFFECTS THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY SUCH MALFUNCTION THAT AFFECTS THE ABILITY TO ACCRUE RATED PLAY, OBTAIN INFORMATION RELATING TO A PROGRAM MEMBER’S PARTICIPATION IN THIS PROGRAM, OR SEND/RECEIVE EMAIL), OR FOR ANY HOTEL ROOM OFFERS THAT MIGHT HAVE BEEN RECEIVED ABSENT SUCH MALFUNCTION(S). MOTORCITY CASINO HOTEL WILL HAVE NO OBLIGATION TO EXTEND THE EXPIRATION DATE OF AN EXPIRED HOTEL ROOM OFFER OR PROVIDE AN ALTERNATE OFFER IF A PROGRAM MEMBER FAILS TO REDEEM THE HOTEL ROOM OFFER PRIOR TO THE END OF THE REDEMPTION PERIOD (REGARDLESS OF THE REASON).

  9. MOTORCITY CASINO HOTEL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY ADVERTISING FOR THE PROGRAM, WHETHER ONLINE OR OTHERWISE. MOTORCITY CASINO HOTEL IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION ABOUT THE PROGRAM DISSEMINATED BY PARTICIPANTS OR ANYONE ELSE OR DUE TO EQUIPMENT, SYSTEM, OR PROGRAMMING ERROR OR MALFUNCTION.

  10. MotorCity Casino Hotel has no obligation to post any information regarding Program Members who have earned or received Hotel Room Offers on its website or elsewhere or, except as elsewhere herein specifically set forth, to give out such information by telephone, fax or mail (of any type), or by any other means of communication, but may do so in its sole discretion. MotorCity Casino Hotel may in its sole discretion broadcast such information over its audio equipment or on its plasma screens. MotorCity Casino Hotel assumes no responsibility for any failure of a Program Member to receive a Notice Email or any other communication regarding a Hotel Room Offer or about the Program. Program Members who accrue Rated Play with Club Metro cards obtained or used in violation of these Terms and Conditions or with Club Metro cards that have been altered, forged, counterfeited, reproduced, stolen, mutilated or tampered with in any way will be disqualified from this Program and such accrued Rated Play will be void; MotorCity Casino Hotel assumes no responsibility for such cards or any Rated Play so accrued. MotorCity Casino Hotel reserves the right in its sole discretion to subject a Program Member’s right to and/or redemption of any Hotel Room Offer to a verification process. Good faith efforts will be made to complete the verification process as soon as reasonably possible. At the sole discretion of MotorCity Casino Hotel, a Program Member will not receive or be able to redeem a Hotel Room Offer until the verification process has been completed and MotorCity Casino Hotel management is satisfied in its sole discretion that the individual is entitled under these Terms and Conditions to receive and redeem that Hotel Room Offer; if MotorCity Casino Hotel is not so satisfied, the Program Member will be deemed to have forfeited the Hotel Room Offer (and will be prohibited from redeeming it or receiving any alternate offer). A Program Member’s request to become a Program Member and/or participation in the Program constitutes his/her permission for MotorCity Casino Hotel and its affiliates and designees to use his/her likeness, first name and hometown for publicity or promotional uses without compensation.

  11. This Program is subject to all applicable federal, state and local laws, rules, and regulations. Any references to the value of a Hotel Room Offer or other dollar amounts are in U.S. funds. All times stated in this Program are local Detroit, Michigan times. All applicable federal, state and local taxes, as well as fees and licenses, are the sole responsibility of the Program Member who receives and redeems the Hotel Room Offer. Residents of states of the United States and provinces of Canada that prohibit participation by them in programs of this nature are not eligible to participate in this Program.

  12. Individuals who have been “86d” from MotorCity Casino Hotel or have elected to self-exclude from MotorCity Casino Hotel or to become “Disassociated Persons” pursuant to the Michigan Gaming Control and Revenue Act are prohibited by law from entering the Casino and thus are prohibited from becoming Program Members or otherwise participating in this Program. The following persons are also prohibited from participating in this Program: MotorCity Casino Hotel associates, as well as members of the Michigan Gaming Control Board, its staff, state police gaming section employees and employees of the attorney general assigned to the casino control division; owners of MotorCity Casino Hotel; vendors providing gaming or associated equipment to MotorCity Casino Hotel; and to the extent their participation in the Program is contrary to law, the immediate family members of the foregoing. Immediate family means any of the following, whether by the whole or half blood, marriage, adoption or natural relationship or effect of law: spouse (other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance) and, also, each parent, father-in-law, mother-in-law, grandparent, sibling, dependent, child, and grandchild, as well as the spouse of each of the foregoing.

  13. MotorCity Casino Hotel reserves to itself the right to interpret and apply these Terms and Conditions and to resolve any dispute or situation arising under or in connection with these Terms and Conditions and/or the Program in such manner as it deems fair and appropriate in its sole discretion, and each such decision shall be final and binding on all Program Members and/or other affected individuals, subject to such requirements, if any, as are imposed by the Michigan Gaming Control Board. To apprise MotorCity Casino Hotel of a dispute, the individual must provide written notice in person or delivered by nationally recognized overnight courier service or certified mail to MotorCity Casino Hotel’s Vice President of Compliance and Analysis at 2901 Grand River Avenue, Detroit, MI 48201-2907. The notice must be accompanied by a detailed written description of the basis for the dispute and must be so provided within ten (10) days of the date of the incident giving rise to the dispute. MotorCity Casino Hotel reserves the right to disqualify from participation in the Program, at any time, any individual who violates any of the Terms and Conditions of the Program or is prohibited under these Terms and Conditions from such participation or attempts in any way to defraud MotorCity Casino Hotel or to misuse MotorCity Casino Hotel’s slot machines, video poker machines, table games, Kiosks, or other equipment or systems associated with the Program, and anyone so disqualified will be deemed to have forfeited the right to receive and redeem a Hotel Room Offer and may be subject to criminal prosecution. In addition, MotorCity Casino Hotel reserves the right in its sole discretion to change, cancel, suspend or modify the Program, at any time for any reason, without notice, including, without limitation of the foregoing, in the event that the Program is not capable of being conducted or continued as planned (e.g. due to computer virus, tampering, unauthorized intervention, fraud, technical failure, or any cause which MotorCity Casino Hotel in its sole discretion concludes affects the administration, security, fairness, integrity or proper conduct of the Program) or in the event that it is impractical to conduct or continue all or any part of the Program as a result of construction activity or events beyond the control of MotorCity Casino Hotel (including, without limitation of the foregoing, acts of terrorism, civil commotion, war, fire, explosion, inclement weather or other Acts of God, power failure, or labor unrest of any type). The Program Terms and Conditions are available in the Casino during the Club Metro booth’s normal hours of operation and copies will be mailed upon specific written request, provided a self-addressed, stamped envelope accompanies each request. Mail requests to: MotorCity Casino Hotel Marketing Department, 2901 Grand River Avenue, Detroit, MI 48201-2907. MotorCity Casino Hotel is not responsible for any incomplete, lost, late, damaged, illegible or misdirected mail or failure of the postal service to deliver the mail in a timely manner, nor is MotorCity Casino Hotel responsible for any lost, deleted or delayed emails.

  14. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan. MotorCity Casino Hotel and each Program Member and other individual bound by these Terms and Conditions agree that any unresolved matter arising out of or relating to these Terms and Conditions or the Program that would otherwise be subject to litigation in a court of competent jurisdiction or subject to the jurisdiction of a regulatory agency will be submitted, instead, to the extent not contrary to law, to arbitration in accordance with the rules of and shall be administered by the American Arbitration Association, with the proceedings to be held in Detroit, Michigan, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Michigan, County of Wayne. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the balance of these Terms and Conditions; instead, the balance of these Terms and Conditions shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of MotorCity Casino Hotel and each Program Member and/or other affected individual shall be construed and enforced accordingly. In the event of any inconsistency between these Terms and Conditions and the Club Metro® Official Terms and Conditions, these Terms and Conditions shall control. No Program Member or other affected individual shall have the right to assign or otherwise transfer his/her rights or obligations under these Terms and Conditions or with respect to the Program. No waiver by MotorCity Casino Hotel of any provision of these Terms and Conditions shall be valid unless it is in writing and signed by MotorCity Casino Hotel. No waiver 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.

  15. Using a Club Metro card or receiving any Club Metro benefit or seeking to become a Program Member or to participate in the Program or to obtain any associated benefit is an agreement by the individual who does so to abide by and be bound by these Terms and Conditions as amended from time to time, and constitutes that individual’s agreement, EXCEPT TO THE EXTENT CONTRARY TO LAW, TO WAIVE ANY AND ALL RIGHTS AGAINST AND RELEASE, HOLD HARMLESS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, INDEMNIFY AND DEFEND MOTORCITY CASINO HOTEL, AS WELL AS ITS RESPECTIVE PARENTS, SUBSIDIARIES, MEMBERS, AFFILIATES, ADVERTISING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, AS WELL AS THEIR RESPECTIVE SUCCESSORS, REPRESENTATIVES, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, DEMANDS, RESPONSIBILITY AND LIABILITY (INCLUSIVE OF COSTS AND ATTORNEYS’ FEES) OF WHATEVER KIND OR NATURE, IN LAW OR EQUITY, WHICH ARISE OR MAY ARISE, DIRECTLY OR INDIRECTLY, NOW OR LATER, WHETHER OR NOT NOW KNOWN OR SUSPECTED, WHICH SUCH INDIVIDUAL, HIS/HER HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, LEGAL SUCCESSORS AND/OR ASSIGNS NOW HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM AND/OR SUCH INDIVIDUAL’S PARTICIPATION THEREIN OR REDEMPTION OF A HOTEL ROOM OFFER.

  16. MOTORCITY CASINO HOTEL RESERVES THE RIGHT, AT ANY TIME, IN ITS SOLE DISCRETION, TO TREAT AS VOID AND FORFEITED ANY RATED PLAY AND/OR HOTEL ROOM OFFER EARNED BY A PROGRAM MEMBER WHO FAILS TO COMPLY WITH ANY ONE OR MORE OF THESE TERMS AND CONDITIONS OR IS PROHIBITED UNDER THESE TERMS AND CONDITIONS FROM PARTICIPATION IN THE PROGRAM OR RECEIPT OF ANY BENEFIT ASSOCIATED WITH THE PROGRAM.

  17. MotorCity Casino Hotel may, in its sole discretion, elect to cancel, reschedule, extend or re-run this Program on one or more occasions, in which case it may change all or any part of the Program, the duration, the offer associated with the Program, and/or other features of the Program, and may make such modifications to the Terms and Conditions as would be appropriate in connection with those changes. In such event, MotorCity Casino Hotel will take such measures as it deems appropriate to inform patrons of such election.