Exhibit 99.1

STANDBY PURCHASE AGREEMENT

This STANDBY PURCHASE AGREEMENT (this “ Agreement ”), dated as of December 31, 2015, is by and between Empire Resorts, Inc. (the “ Company ”), a Delaware corporation, and Kien Huat Realty III Ltd., a corporation organized under the laws of the Isle of Man (the “ Standby Purchaser ”).

WITNESSETH:

WHEREAS, the Company proposes to commence an offering (the “ Rights Offering ”) to holders of record of its common stock (the “ Common Stock ”) and Series B Preferred Stock (the “ Series B Preferred Stock ” and, together with the Common Stock, the “ Equity Stock ”) as of 5:00 p.m. on January 4, 2016, or such other date that may be selected by the Company (the “ Record Date ”), of rights (the “ Rights ”) to subscribe for and purchase up to an aggregate of 20,138,888 shares of Common Stock (the “ Shares ”) at a subscription price of $14.40 per Share (the “ Subscription Price ”);

WHEREAS, pursuant to the Rights Offering, the Company will grant to each of its Equity Stock holders as of the Record Date, at no charge, one Right for each 0.4748644 shares of Common Stock held, or into which the Series B Preferred Stock is convertible, by such Equity Stock holder as of the Record Date (the “ Basic Subscription Privilege ”) ;

WHEREAS, each holder of a Right (a “ Right Holder ”) who exercises in full its Basic Subscription Privilege will be entitled to subscribe for additional shares of Common Stock to the extent they are available, at the Subscription Price (the “ Over-Subscription Privilege ” and, together with the Basic Subscription Privilege, the “ Subscription Privileges ”) in proportion to the number of shares of Common Stock that may be acquired upon the exercise of Rights held by and/or acquired by such Right Holder relative to the number of shares of Common Stock that may be acquired by all Right Holders exercising the Over-Subscription Privilege;

WHEREAS, the offering of Rights and Shares pursuant to the Subscription Privileges granted to Equity Holders other than the Standby Purchaser shall be made pursuant to the Registration Statement (as defined below) and such Rights shall be transferable; and whereas the offering of Rights and Shares pursuant to the Basic Subscription Privilege granted to the Standby Purchaser shall be made in reliance on an exemption from the registration requirements of the Securities Act (as defined below) and the Rights granted to the Standby Purchaser shall not be transferable;

WHEREAS, in order to facilitate the Rights Offering, the Company has requested the Standby Purchaser agree, and the Standby Purchaser has agreed, to exercise in full its Basic Subscription Privilege and, in lieu of exercising its Over-Subscription Privilege, to exercise all Rights not otherwise exercised by the Right Holders pursuant to their respective Subscription Privileges to purchase Shares from the Company at the Subscription Price (pursuant to the Standby Purchase Commitment in Section 3 below), for an aggregate amount not to exceed $290,000,000, upon the terms and conditions set forth herein (the “ Standby Offering ”); and

NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein contained and other good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows:

Section 1. Certain Other Definitions . The following terms used herein shall have the meanings set forth below:

“ Affiliate ” shall mean an affiliate (as defined in Rule 12b-2 under the Exchange Act) of such Standby Purchaser; provided that the Standby Purchaser or any of its affiliates exercises investment authority with respect to such affiliate, including, without limitation, voting and dispositive rights with respect to such affiliate.

“ Agreement ” shall have the meaning set forth in the preamble hereof.

“ Backstop Fee ” shall have the meaning set forth in Section 3(c) hereof.

“ Basic Subscription Privilege ” shall have the meaning set forth in the recitals hereof.

“ Business Day ” shall mean any day that is not a Saturday, a Sunday or a day on which banks are generally closed in the State of New York, Singapore or Malaysia.

“ Commission ” shall mean the United States Securities and Exchange Commission, or any successor agency thereto.

“ Common Stock ” shall have the meaning set forth in the recitals hereof.

“ Company ” shall have the meaning set forth in the preamble hereof.

“ Equity Stock ” shall have the meaning set forth in the recitals hereof.

“ Exchange Act ” shall mean the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated by the Commission thereunder.

“ Indemnified Person ” shall have the meaning set forth in Section 7(h)(i) hereof.

“ KH Basic Rights Purchase ” shall mean the KH First Tranche Basic Rights Purchase and the KH Second Tranche Basic Rights Purchase.

“ KH First Tranche Basic Rights Closing ” shall mean the closing of the KH First Tranche Basic Rights Purchase as described in Section 2(b) hereof, which shall be held at the offices of the Subscription Agent at 11:00 a.m., New York City time, on the KH First Tranche Basic Rights Closing Date or at such other place and time as shall be agreed upon by the parties hereto.

“ KH First Tranche Basic Rights Closing Date ” shall mean the date of the KH First Tranche Basic Rights Closing, which shall be no later than ten (10) days after the commencement of the Rights Offering.

“ KH First Tranche Basic Rights Payment ” shall mean shall have the meaning set forth in Section 2(b) hereof.

“ KH First Tranche Basic Rights Purchase ” shall have the meaning set forth in Section 2(a) hereof.

“ KH Second Tranche Basic Rights Closing ” shall mean the closing of the KH Second Tranche Basic Rights Purchase as described in Section 2(c) hereof, which shall occur in conformance with the Subscription Agent’s procedures for the closing of the Rights Offering.

“ KH Second Tranche Basic Rights Exercise Date ” shall have the meaning set forth in Section 2(c) hereof.

“ KH Second Tranche Basic Rights Payment ” shall have the meaning set forth in Section 2(c) hereof.

“ KH Second Tranche Basic Rights Purchase ” shall have the meaning set forth in Section 2(a) hereof.

“ Material Adverse Effect ” shall mean the occurrence, either individually or in the aggregate, of any material adverse effect on the earnings, business, management, properties, assets, rights, operations or condition (financial or otherwise) of the Company and of the Subsidiaries taken as a whole.

“ Measurement Date ” shall mean the KH First Tranche Basic Rights Closing Date, the KH Second Tranche Basic Rights Exercise Date and the Standby Offering Closing Date.

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“ Over-Subscription Privilege ” shall have the meaning set forth in the recitals hereof.

“ Person ” shall mean an individual, corporation, partnership, association, joint stock company, limited liability company, joint venture, trust, governmental entity, unincorporated organization or other legal entity.

“ Prospectus ” shall mean the final Prospectus, including any information relating to the offer and sale of the Rights and Shares, including the offer and sale of the Rights and Shares to the Standby Purchaser, that is filed with the Commission pursuant to Rule 424(b) and deemed by virtue of Rule 430A of the Securities Act to be part of such Registration Statement, each as amended, for use in connection with the offer and sale of such securities.

“ Record Date ” shall have the meaning set forth in the recitals hereof.

“ Registration Statement ” shall mean the Company’s Registration Statement on Form S-3 initially submitted to the Commission on February 3, 2014, as amended, together with all exhibits thereto and the Prospectus, any prospectus supplement and any issuer free writing prospectus as defined in Rule 433 of the Securities Act, relating to the offer and sale of Rights and Shares in the Rights Offering, other than the offer and sale of the Rights and Shares to the Standby Purchaser in the KH Basic Rights Purchase, which offer and sale is made based on an exemption from registration under Section 4(a)(2) of the Securities Act, pursuant to which the offer and sale of such securities have been registered pursuant to the Securities Act.

“ Rights ” shall have the meaning set forth in the recitals hereof.

“ Rights Offering ” shall have the meaning set forth in the recitals hereof.

“ Securities Act ” shall mean the Securities Act of 1933, as amended, and the rules and regulations promulgated by the Commission thereunder.

“ Series B Preferred Stock ” shall have the meaning set forth in the recitals hereof.

“ Shares ” shall have the meaning set forth in the recitals hereof.

“ Subscription Privileges ” shall have the meaning set forth in the recitals hereof.

“ Standby Offering Closing ” shall mean the closing of the Standby Offering as described in Section 3 hereof, which shall occur no more than five (5) Business Days after completion of the Rights Offering.

“ Standby Offering Closing Date ” shall mean the date of the Standby Offering Closing.

“ Standby Offering ” shall have the meaning set forth in the recitals hereof.

“ Standby Offering Payment ” shall mean set forth in Section 3(b) hereof.

“ Standby Purchaser ” shall mean the standby purchaser named in the recitals hereof.

“ Subscription Price ” shall have the meaning set forth in the recitals hereof.

“ Subsidiary ” or “ Subsidiaries ” shall mean any direct or indirect subsidiary of the Company.

Section 2. Rights Exercise Commitment .

(a) The Standby Purchaser hereby agrees to exercise its Basic Subscription Privilege as follows: the Standby Purchaser shall exercise its Basic Subscription Privilege to acquire (i) 2,083,333 Shares (for an aggregate Subscription Price of $29,999,995.20) within ten (10) days of the commencement of the Rights Offering (the “ KH First Tranche Basic Rights Purchase ”) and (ii) the remaining 11,053,484 Shares (for an aggregate Subscription Price of $159,170,169.60) on or prior to the expiration of the Rights Offering (the “ KH Second Tranche Basic Rights Purchase ” and, together with the KH First Tranche Basic Rights Purchase, the “ KH Basic Rights Purchase ”).

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(b) Pursuant to the procedures set forth in Section 6(a), payment for the KH First Tranche Basic Rights Purchase (the “ KH First Tranche Basic Rights Payment ”) shall be made to the Subscription Agent by the Standby Purchaser in United States dollars by means of certified or cashier’s checks, bank drafts, money orders or wire transfers in an amount equal to the Subscription Price multiplied by the number of Shares purchased by the Standby Purchaser pursuant to the KH First Tranche Basic Rights Purchase.

(c) Pursuant to the procedures set forth in Section 6(b), payment for the KH Second Tranche Basic Rights Purchase (the “ KH Second Tranche Basic Rights Payment ”) shall be made to the Subscription Agent by the Standby Purchaser in United States dollars by means of certified or cashier’s checks, bank drafts, money orders or wire transfers in an amount equal to the Subscription Price multiplied by the number of Shares purchased by the Standby Purchase pursuant to the KH Second Tranche Basic Rights Purchase.

Section 3. Standby Purchase Commitment .

(a) The Standby Purchaser hereby agrees to purchase from the Company, and the Company hereby agrees to sell to the Standby Purchaser, at the Subscription Price, Shares in the Standby Offering, if and only to the extent that such Shares are available after the exercise of the Subscription Privileges by each Right Holder in the Rights Offering (including the KH Basic Rights Purchase).

(b) Subject to Sections 3(c) and pursuant to the procedures set forth in Section 6(b), payment for the Standby Offering shall be made to the Company by the Standby Purchaser in United States dollars by means of certified or cashier’s checks, bank drafts, money orders or wire transfers in an amount equal to the Subscription Price multiplied by the number of Shares purchased by the Standby Purchaser pursuant to the Standby Offering (the “ Standby Offering Payment ”).

(c) On the Standby Offering Closing Date, the Company hereby agrees to pay the Standby Purchaser a fee in an amount equal to $1.45 million (the “ Backstop Fee ”).

Section 4. Representations and Warranties of the Company . The Company represents and warrants to, and agrees with, the Standby Purchaser as follows:

(a) The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has all requisite corporate power and authority to carry on its business as now conducted.

(b) The Company has the requisite power and authority to enter into this Agreement and to perform and consummate the transactions contemplated hereby. This Agreement has been duly and validly authorized, executed and delivered by the Company and constitutes a binding obligation of the Company enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar laws affecting creditors’ rights and remedies generally, and subject, as to enforceability, to general principles of equity, including principles of commercial reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding at law or in equity).

(c) Prior to commencement of the Rights Offering, the Registration Statement will have been declared effective by the Commission and no stop order will have been issued with respect thereto and no proceedings therefore will have been initiated or, to the knowledge of the Company, threatened by the Commission, and any request on the part of the Commission for additional information will have been complied with. On the effective date of the Registration Statement and each Measurement Date, the Registration Statement will comply in all material respects with the requirements of the Securities Act and the Exchange Act and (i) will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading and (ii) will not include an untrue statement of a material fact nor omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however , that the

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representations and warranties in this subsection shall not apply to statements in or omissions from the Registration Statement or the Prospectus made in reliance upon and in conformity with the information furnished to the Company in writing by the Standby Purchaser expressly for use in the Registration Statement or in the Prospectus pursuant to Section 7(c) below.

(d) All of the Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering will have been duly authorized for issuance prior to the date hereof, and, when issued and distributed as set forth herein and/or in the Prospectus, will be validly issued, fully paid and non-assessable; and none of the Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering will have been issued in violation of the preemptive rights of any security holders of the Company arising as a matter of law or under or pursuant to the Company’s Amended and Restated Certificate of Incorporation, Amended and Restated Bylaws, or any material agreement or instrument to which the Company is a party or by which it is bound.

(e) Neither the Company nor any Subsidiary is in violation of its organizational documents or in default under any material agreement, indenture or instrument to which the Company or any Subsidiary is a party, the effect of which violation or default would reasonably be expected to have a Material Adverse Effect, and the execution, delivery and performance of this Agreement by the Company and the consummation of the transactions contemplated hereby will not conflict with, or constitute a breach of, or default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the assets of the Company or any Subsidiary pursuant to the terms of any material agreement, indenture or instrument to which the Company or any Subsidiary is a party which lien, charge or encumbrance would reasonably be expected to have a Material Adverse Effect, or result in a violation of the organizational documents of the Company or any Subsidiary or any order, rule or regulation of any court or governmental agency having jurisdiction over the Company, any Subsidiary or any of their property; and, except as required by the Securities Act, the Exchange Act, and applicable state securities law, no consent, authorization or order of, or filing or registration with, any court or governmental agency is required for the execution, delivery and performance of this Agreement.

(f) The Company and the Subsidiaries have taken all actions necessary to ensure that the transactions contemplated by this Agreement, individually or in the aggregate, shall not give rise to a change in control under, or result in the breach or the violation of, or the acceleration of any right under, or result in any additional rights, or the triggering of any rights of first refusal, preferential purchase or similar rights with respect to any securities of the Company or any Subsidiary, anti-dilution adjustment under any contract or agreement to which the Company or any Subsidiary is a party, including, without limitation, any employment agreement or employee benefit plan of the Company or any Subsidiary. Such actions may include, without limitation, having any such contracts or agreements or rights granted under any such contract or agreement waived in writing or amended prior to the applicable Closing.

(g) The Company’s Board of Directors have approved this Agreement and the transactions contemplated by this Agreement to the extent required by the laws, regulations and policies of the State of Delaware and the Nasdaq Global Market, and such laws, regulations and policies do not require that the Company’s stockholders approve the Agreement and the transactions contemplated by the Agreement.

Section 5. Representations and Warranties of the Standby Purchaser . The Standby Purchaser represents and warrants to, and agrees with, the Company as follows:

(a) The Standby Purchaser has the relevant entity power and authority to perform its obligations under this Agreement.

(b) The Standby Purchaser is acquiring the Shares for its own account, with the intention of holding the Shares for investment and with no present intention of participating, directly or indirectly, in a distribution of the Shares. The Standby Purchaser did not enter into this Agreement as a result of any general solicitation or general advertising within the meaning of Rule 502 of Regulation D under the Securities Act.

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(c) The Standby Purchaser is familiar with the business in which the Company is engaged, and based upon its knowledge and experience in financial and business matters, it is familiar with the investments of the type that it is undertaking to purchase; it is fully aware of the problems and risks involved in making an investment of this type; and it is capable of evaluating the merits and risks of this investment. The Standby Purchaser acknowledges that, prior to executing this Agreement, it has had the opportunity to ask questions of and receive answers or obtain additional information from a representative of the Company concerning the financial and other affairs of the Company.

(d) This Agreement has been duly and validly executed and delivered by such Standby Purchaser and constitutes a binding obligation of the Standby Purchaser enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, moratorium and similar laws affecting creditors’ rights and remedies generally, and subject, as to enforceability, to general principles of equity, including principles of commercial reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding at law or in equity).

(e) The Standby Purchaser understands that the Shares purchased by the Standby Purchaser upon exercise of the KH Basic Rights Purchase are being offered in a transaction not involving a public offering within the meaning of the Securities Act. The Standby Purchaser understands the Shares are “restricted securities” as such term is defined in Rule 144 promulgated under the Securities Act (“ Rule 144 ”), and they may not be sold except pursuant to an exemption from the registration requirements of the Securities Act or pursuant to a registration statement under the Securities Act. Further, the following legends (or similar language) shall be placed on such certificate(s) representing the Shares:

THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”), OR ANY STATE SECURITIES LAWS AND NEITHER SUCH SECURITIES NOR ANY INTEREST THEREIN MAY BE OFFERED, SOLD, PLEDGED, ASSIGNED OR OTHERWISE TRANSFERRED UNLESS (1) A REGISTRATION STATEMENT WITH RESPECT THERETO IS EFFECTIVE UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS, OR (2) THE COMPANY RECEIVES AN OPINION OF COUNSEL TO THE HOLDER OF SUCH SECURITIES, WHICH COUNSEL AND OPINION ARE REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH SECURITIES MAY BE OFFERED, SOLD, PLEDGED, ASSIGNED OR TRANSFERRED IN THE MANNER CONTEMPLATED WITHOUT AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR APPLICABLE STATE SECURITIES LAWS.

Section 6. Deliveries at Closing .

(a) At the KH First Tranche Basic Rights Closing, the Standby Purchaser shall deliver to the Subscription Agent the applicable Subscription Price of the KH First Tranche Basic Rights Purchase and the Company shall deliver to the Standby Purchaser a certificate or certificates representing the Shares issued to the Standby Purchaser pursuant to such KH First Tranche Basic Rights Purchase.

(b) On the KH Second Tranche Basic Rights Exercise Date, the Standby Purchaser shall deliver to the Subscription Agent the applicable Subscription Price of the KH Second Tranche Basic Rights Purchase. In conformance with the Subscription Agent’s procedures for closing the Rights Offering, the Company shall deliver to the Standby Purchaser a certificate or certificates representing the Shares issued to the Standby Purchaser pursuant to the KH Second Tranche Basic Rights Purchase.

(c) At the Standby Offering Closing, the Standby Purchaser shall deliver to the Company the Standby Offering Payment, less the Backstop Fee, and the Company shall deliver to the Standby Purchaser a certificate or certificates representing the Shares issued to the Standby Purchaser pursuant to the Standby Offering.

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Section 7. Covenants .

(a) Covenants . The Company agrees and covenants with the Standby Purchaser, between the date hereof and the earlier of the Standby Offering Closing Date or the effective date of any termination pursuant to Section 9 hereof, as follows:

(i) To use commercially reasonable efforts to effectuate the Rights Offering;

(ii) As soon as reasonably practicable after the Company is advised or obtains knowledge thereof, to advise the Standby Purchaser with a confirmation in writing, of (A) the time when the Prospectus or any amendment or supplement thereto has been filed, (B) the issuance by the Commission of any stop order, or of the initiation or threatening of any proceeding, suspending the effectiveness of the Registration Statement or any amendment thereto or any order preventing or suspending the use of any preliminary prospectus or the Prospectus or any amendment or supplement thereto, (C) the issuance by any state securities commission of any notice of any proceedings for the suspension of the qualification of the Common Stock for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for such purpose, (D) the receipt of any comments from the Commission directed toward the Registration Statement or any document incorporated therein by reference and (E) any request by the Commission for any amendment to the Registration Statement or any amendment or supplement to the Prospectus or for additional information. The Company will use its commercially reasonable efforts to prevent the issuance of any such order or the imposition of any such suspension and, if any such order is issued or suspension is imposed, to obtain the withdrawal thereof as promptly as possible;

(iii) To operate the Company’s business in the ordinary course of business consistent with past practice;

(iv) To notify the Standby Purchaser, on a daily basis or at such time as the Standby Purchaser may request, of the aggregate number of subscriptions received pursuant to the Basic Subscription Privilege and the Over-Subscription Privilege in the Rights Offering; and

(v) Not to issue any shares of capital stock of the Company, or options, warrants, purchase rights, subscription rights, conversion rights, exchange rights, securities convertible into or exchangeable for capital stock of the Company, or other agreements or rights to purchase or otherwise acquire capital stock of the Company, except (i) for Common Stock issuable upon exercise of the Company’s presently outstanding stock options or other issued and outstanding convertible securities as of the date hereof, (ii) as inducement grants to new employees, consultants and directors pursuant to the Company’s 2015 Equity Incentive Plan and (iii) in the ordinary course of business in accordance with past practices.

(b) Certain Acquisitions . Between the date hereof and the Standby Offering Closing Date, the Standby Purchaser and its Affiliates shall not acquire any Common Stock or Rights unless authorized to do so by the Company other than in accordance with the Registration Statement and the terms and conditions hereof.

(c) Information . The Standby Purchaser agrees to furnish to the Company all information with respect to the Standby Purchaser that the Company may reasonably request and any such information furnished to the Company expressly for inclusion in the Prospectus by the Standby Purchaser is accurate and complete in all material respects as of the effective date of the Registration Statement and as of each Measurement Date.

(d) Public Statements . Except for the Registration Statement and any press releases related to the Rights Offering, neither the Company nor the Standby Purchaser shall issue any public announcement, statement or other disclosure with respect to this Agreement or the transactions contemplated hereby without the prior consent of the other parties hereto, which consent shall not be unreasonably withheld or delayed, except (i) if such public announcement, statement or other disclosure is required by applicable law or applicable stock market regulations, in which case the disclosing party shall consult in advance with respect to such disclosure with the other parties

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to the extent reasonably practicable, or (ii) with respect to the filing by the Standby Purchaser of any Form 3, 4, or 5 pursuant to Section 16 of the Exchange Act or any Schedule 13D or Schedule 13G pursuant to Sections 13(d) or 13(g), respectively, of the Exchange Act, to which a copy of this Agreement may be attached as an exhibit thereto.

(e) Regulatory Filing . If the Company or the Standby Purchaser determines a filing is or may be required under applicable law in connection with the transactions contemplated hereunder, the Company and the Standby Purchaser shall use commercially reasonable efforts to promptly prepare and file all necessary documentation and to effect all applications that are necessary or advisable under applicable law with respect to the transactions contemplated hereunder so that any applicable waiting period shall have expired or been terminated as soon as practicable after the date hereof.

(f) Expenses . On the earlier of the Standby Offering Closing Date and the termination of this Agreement, other than a termination under circumstances that are directly and solely attributable to a material breach of this Agreement by the Standby Purchaser, the Company shall reimburse the Standby Purchaser for all out-of-pocket fees and expenses incurred in connection with the transactions contemplated hereby, including due diligence efforts, the negotiation and preparation of documents relating to the transaction, the preparation and filing of regulatory applications and notices, and the undertaking of the transactions contemplated hereby, including, but not limited to, the fees and expenses of the Standby Purchaser’s accounting, financial and investment banking advisors, legal counsel and credit review. Such reimbursement shall not exceed the sum of $50,000, which amount does not include the Backstop Fee.

(g) Nasdaq Listing Application . The Company will timely file a “New Listing Application” with respect to the Rights and an “Additional Listing Application” with respect to the Shares with the Nasdaq Global Market in connection with the Shares issued in the Rights Offering and the Standby Offering. The Company will use its best efforts to obtain, effect and maintain the listing of such securities on the Nasdaq Global Market and will file with the Nasdaq Global Market all documents and notices required by the Nasdaq Global Market of companies that have securities that are listed on the Nasdaq Global Market.

(h) Indemnification .

(i) Whether or not the transactions contemplated hereby are consummated, the Company agrees to indemnify and hold harmless the Standby Purchaser and each of its stockholders, members and general and limited partners and the respective officers, directors, employees, affiliates, advisors, agents, attorneys, accountants and consultants of each such entity and to hold the Standby Purchaser and such other persons and entities (each, an “ Indemnified Person ”) harmless from and against any and all losses, claims, damages, liabilities and expenses, joint or several, which any such person or entity may incur, have asserted against it or be involved in as a result of or arising out of or in any way related to this Agreement or the matters referred to herein, including the Rights Offering, the KH Basic Rights Purchase, the Standby Offering or the use of proceeds therefrom or any related transaction or any claim, litigation, investigation or proceeding relating to any of the foregoing, regardless of whether any of such Indemnified Persons is a party thereto, and to reimburse each such Indemnified Person within five (5) Business Days of demand for any legal or other expenses incurred in connection with any of the foregoing; provided, however, that the foregoing indemnity will not, as to any Indemnified Person, apply to losses, claims, damages, liabilities or related expenses to the extent they have resulted from the bad faith, willful misconduct or gross negligence of such Indemnified Person.

(ii) If the indemnification of an Indemnified Person provided for in Section 7(h)(i) is for any reason held unenforceable or is otherwise unavailable, the Company shall contribute to the losses, claims, damages, expenses and liabilities for which such indemnification is held unenforceable (1) in such proportion as is appropriate to reflect the relative benefits to the Company, on the one hand, and the Standby Purchaser, on the other hand, of any contemplated transaction (whether or not such transaction is consummated); or (2) if (but only if) the allocation provided for in clause (1) is for any reason held unenforceable, in such proportion is appropriate

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to reflect not only the relative benefits referred to in clause (1) but also the relative fault of the Company, on the one hand, and the Standby Purchaser, on the other hand, as well as any other relevant equitable considerations. For the purposes of this paragraph the relative benefits to the Company and the Standby Purchaser of any transaction expressly described in the Agreement (whether or not such transaction is consummated) shall be deemed to be in the same proportion that the total value paid to or received by, or contemplated to be paid to or received by, the Company in connection with transactions contemplated by this Agreement, bears to the total value received by the Standby Purchaser under the Agreement; and the relative fault of the Company and of the Standby Purchaser (i) in the case of an untrue or alleged untrue statement of a material fact or an omission or alleged omission to state a material fact, shall be determined by reference to, among other things, whether such statement or omission relates to information supplied by the Company or by the Standby Purchaser and the parties’ relative intent, knowledge, access to information, and opportunity to correct or prevent such statement or omission, and (ii) in the case of any other action or omission, shall be determined by reference to, among other things, whether such action or omission was taken or omitted to be taken by the Company or by the Standby Purchaser and the parties’ relative intent, knowledge, access to information, and opportunity to prevent such action or omission; provided, however, that, to the extent permitted by applicable law, in no event shall the Indemnified Persons be required to contribute an aggregate amount in excess of the Backstop Fee. Without limiting the generality of the foregoing, if the Standby Purchaser or any other Indemnified Person is requested or required to be deposed, appear as a witness or is otherwise involved in any action relating to this Agreement, the Rights Offering (including the KH Basic Rights Purchase) or the Standby Offering brought by or on behalf of or against the Company in which such party is not named as a defendant, the Company shall reimburse the Standby Purchaser or the Indemnified Person (as applicable) for all reasonable expenses incurred in connection with such action, including, without limitation, the reasonable fees and disbursements of its legal counsel in connection with appearing and preparing to appear as a deponent or witness.

(iii) The foregoing provisions are in addition to any rights that any Indemnified Person may have at common law or otherwise and shall be binding on and inure to the benefit of any successors, permitted assigns, and personal representatives of the Company and each Indemnified Person. The provisions of this Section 7(h) shall continue to apply and shall remain in full force and effect regardless of any modification or termination of this Agreement or the completion of the transactions contemplated hereunder.

(i) Use of Proceeds . The Company shall solely use the proceeds of the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering in accordance with the description set forth in the Registration Statement.

Section 8. Conditions to Closing .

(a) The obligations of the Standby Purchaser to consummate the transactions contemplated hereunder are subject to the fulfillment, prior to or on each Measurement Date, of the following conditions:

(i) The representations and warranties of the Company in Section 4 shall be true and correct as of the date hereof and at and as of each Measurement Date as if made on such date (except for representations and warranties made as of a specified date, which shall be true and correct as of such specified date) and the Company shall have performed all of its obligations hereunder;

(ii) Subsequent to the execution and delivery of this Agreement and prior to each Measurement Date, there shall not have been any Material Adverse Effect, nor shall there have occurred any breach of any covenant of the Company set forth in Section 7 hereof;

(iii) As of each Measurement Date, trading in the Common Stock shall not have been suspended by the Commission or Nasdaq Global Market or trading in securities generally on the Nasdaq Global Market shall not have been suspended or limited or minimum prices shall not have been established on the Nasdaq Global Market ; and

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(iv) The Company and the Standby Purchaser shall have obtained any required federal, state and regulatory approvals for the Rights Offering (including the KH Basic Rights Purchase) and Standby Offering on conditions reasonably satisfactory to the Standby Purchaser.

(b) The obligations of the Company and the Standby Purchaser to consummate the transactions contemplated hereunder are subject to the fulfillment, prior to or on each Measurement Date, of the following conditions:

(i) No judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Rights Offering (including the KH Basic Rights Purchase), the Standby Offering or the material transactions contemplated by this Agreement;

(ii) No stop order suspending the effectiveness of the Registration Statement or any part thereof shall have been issued and no proceeding for that purpose shall have been initiated or threatened by the Commission; and any request of the Commission for inclusion of additional information in the Registration Statement or otherwise shall have been complied with; and

(iii) The Shares issued in the Rights Offering (including the KH Basic Rights Purchase) and the Standby Offering shall have been authorized for listing on the Nasdaq Global Market prior to the issuance of such Shares.

Section 9. Termination .

(a) This Agreement may be terminated by the Standby Purchaser (i) at any time prior to each Measurement Date by written notice to the Company if any condition to the obligations of the Standby Purchaser set forth in Section 8 hereof is not satisfied, or because of any refusal, inability or failure of the parties hereto (other than the Standby Purchaser) to perform any agreement herein or comply with any provision hereof other than by reason of a default by the Standby Purchaser, (ii) the Rights Offering shall have been cancelled, terminated or withdrawn on or prior to either Measurement Date or (iii) if the Rights Offering will not be consummated on or before February 22, 2016, unless the failure of such consummation to occur by such date shall be due to a default by the Standby Purchaser.

(b) This Agreement may be terminated by the Company on one hand or by the Standby Purchaser on the other hand, by written notice to the other party hereto:

(i) at any time prior to each Measurement Date, if there is a material breach of this Agreement by the other party that is not cured within fifteen (15) days after the non-breaching party has delivered written notice to the breaching party of such breach, except that, and without prejudice to the rights of the parties to terminate this Agreement pursuant to the foregoing portion of this Section 9(b)(i), if such breach occurs on or prior to the KH First Tranche Basic Rights Closing Date, the KH First Tranche Basic Rights Closing will not occur until such breach has been cured; and

(ii) consummation of the Standby Offering is prohibited by law, rule or regulation.

(c) This Agreement may be terminated by the Company in the event that the Company determines that it is not in the best interests of the Company and its shareholders to go forward with the Rights Offering.

(d) Subject to the limitations set forth in Section 7(f), the Company and the Standby Purchaser hereby agree that should the Agreement be terminated pursuant to this Section 9 prior to the KH First Tranche Basic Rights Closing Date, the Company will reimburse the Standby Purchaser on demand for all out-of pocket expenses (including reasonable fees and disbursements of counsel) that shall have been reasonably incurred by it in connection with this Agreement or the Standby Offer, but the Company shall then be under no further liability to the Standby Purchaser with respect to this Agreement except as provided in Section 7(h) hereof.

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Section 10. Survival . The representations and warranties of the Company and the Standby Purchaser contained in this Agreement together with Sections 7(f),7(h) and 9(d) shall survive any failure of the Company to commence, or the withdrawal, termination or consummation of any of the Rights Offering, the KH Basic Rights Purchase or the Standby Offering and any termination of this Agreement.

Section 11. Notices . All notices, communications and deliveries required or permitted by this Agreement shall be made in writing signed by the party making the same, shall specify the Section of this Agreement pursuant to which it is given or being made and shall be deemed given or made (a) on the date delivered if delivered in person, (b) on the third (3rd) Business Day after it is mailed if mailed by registered or certified mail (return receipt requested) (with postage and other fees prepaid) or (c) on the day after it is delivered, prepaid, to an overnight express delivery service that confirms to the sender delivery on such day, as follows:

If to the Company :

Empire Resorts, Inc.

c/o Monticello Casino and Raceway

204 State Route 17B, P.O. Box 5013

Monticello, New York 12701

Attention: Joseph A. D’Amato, Chief Executive Officer

with a copy to :

Ellenoff Grossman & Schole LLP

1345 Avenue of the Americas, 11 ^th Floor

New York, New York 10105

Attention: Douglas S. Ellenoff

If to the Standby Purchaser :

Kien Huat Realty III Limited

c/o 21 ^st Floor Wisma Genting

Jalan Sultan Ismail

Kuala Lumpur

Malaysia

Attention: Mr. Gerard Lim

with a copy to :

Cleary Gottlieb Steen & Hamilton LLP

One Liberty Plaza

New York, New York 10006

Attention: Steven L. Wilner

or to such other representative or at such other address of a party as such party hereto may furnish to the other parties in writing in accordance with this Section 11.

Section 12. Entire Agreement . This Agreement embodies the entire agreement and understanding between the parties hereto in respect of the subject matter contained herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to the subject matter of this Agreement.

Section 13. Governing Law; Jurisdiction . This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York. This Agreement shall be subject to the exclusive jurisdiction of the State and Federal courts sitting in New York County, New York.

Section 14. Severability . If any provision of this Agreement or the application thereof to any person or circumstances is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof, or the application of such provision to persons or circumstances other than those as

11

to which it has been held invalid, void or unenforceable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any party. Upon such determination, the parties shall negotiate in good faith in an effort to agree upon a suitable and equitable substitute provision to affect the original intent of the parties.

Section 15. Modification of the Rights Offering . The Company may (a) waive irregularities in the manner of exercise of the Rights, and (b) waive conditions relating to the manner (but not the timing) of the exercise of the Rights to the extent that such waiver does not materially adversely affect the interests of the Standby Purchaser.

Section 16. Miscellaneous .

(a) The Company shall not after the date of this Agreement enter into any agreement with respect to its securities which is inconsistent with or violates the rights granted to the Standby Purchaser in this Agreement.

(b) Other than with respect to Indemnified Persons as set forth in Section 7(h) herein, no Person other than the Company and the Standby Purchaser shall be entitled to rely on and/or have the benefit of, as a third party beneficiary or under any other theory, any of the representations, warranties, agreements, covenants or other provisions of this Agreement.

(c) The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of this Agreement.

(d) This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute one and the same instrument.

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[EXECUTION PAGE APPEARS NEXT]

13

[EXECUTION PAGE TO STANDBY PURCHASE AGREEMENT]

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and delivered as of the date first above written.

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Exhibit 99.2

FORM OF NOTICE OF GUARANTEED DELIVERY

FOR RIGHTS CERTIFICATES ISSUED BY

EMPIRE RESORTS, INC.

Instructions for using this form

This form, or one substantially equivalent hereto, must be used to exercise the transferable subscription rights (the “ Rights ”) pursuant to the rights offering (the “ Rights Offering ”) as described in the prospectus dated January 4, 2016 (the “ Prospectus Supplement ”) of Empire Resorts, Inc., a Delaware corporation (the “ Company ”), if a holder of Rights cannot deliver the certificate(s) evidencing the Rights (the “ Rights Certificate(s) ”), to the subscription agent listed below (the “ Subscription Agent ”) prior to 5:00 p.m., New York City time, on February 10, 2016, (the “ Expiration Date ”). Such form must be delivered by hand or sent by telegram, facsimile transmission, first class mail or overnight courier to the Subscription Agent, and must be received by the Subscription Agent prior to the Expiration Date. See “ The Rights Offering—Guaranteed Delivery Procedures ” in the Prospectus Supplement.

Each Right allows the holder thereof to subscribe for one share (the “ Basic Subscription Right ”) of the Company’s common stock, par value $0.01 per share (“ Common Stock ”). If a Rights holder purchases all of the shares of Common Stock available to it pursuant to its Basic Subscription Right, it may also exercise an oversubscription right (the “ Oversubscription Right ”) to purchase a portion of any shares of Common Stock that are not purchased by holders through the exercise of their Basic Subscription Rights, up to the number of shares it purchased under the Basic Subscription Right (such shares, the “ Unsubscribed Shares ”). To the extent the number of the Unsubscribed Shares is not sufficient to satisfy all of the properly exercised Oversubscription Right requests, then the available shares will be prorated among those who properly exercised their Oversubscription Right based on the number of shares each Rights holder subscribed for under the Oversubscription Right

Payment of the Subscription Price of $14.40 per share of Common Stock subscribed for upon exercise of such Rights must be received by the Subscription Agent in the manner specified in the Prospectus Supplement prior to the Expiration Date even if the Rights Certificate(s) evidencing such Rights is (are) being delivered pursuant to the Guaranteed Delivery Procedures thereof. See “ The Rights Offering—Method of Exercising Subscription Rights ” in the Prospectus Supplement.

The address of the Subscription Agent is as follows:

Continental Stock Transfer and Trust Company

17 Battery Place, 8th Floor

New York, NY 10004

Attn: Corporate Actions Department

By Facsimile Transmission:

(212) 616-7610

Telephone Number for Confirmation:

(917) 262-2378

If you have any questions, require assistance regarding the method of exercising Rights or require additional copies of relevant documents, please contact the Information Agent, Morrow & Co., LLC, at (855) 201-1081 or by email at empire.info@morrowco.com.

Delivery of this instrument to an address other than as set forth above or transmission of this instrument via facsimile other than as set forth above does not constitute a valid delivery

Ladies and Gentlemen:

The undersigned hereby represents that the undersigned is the holder of one or more Rights Certificate(s) representing Right(s) and that such Rights Certificate(s) cannot be delivered to the Subscription Agent prior to the Expiration Date. Upon the terms and subject to the conditions set forth in the Prospectus Supplement, receipt of which is hereby acknowledged, the undersigned hereby elects to (i) exercise the Basic Subscription Right to subscribe for              share(s) of Common Stock with respect to each of the Rights represented by such Rights Certificate(s) and (ii) exercise the Oversubscription Right relating to such Rights, to the extent that shares of Common Stock are available therefor, for an aggregate of up to              share(s) of Common Stock, subject to availability and allocation as described in the Prospectus Supplement.

The undersigned understands that payment of the Subscription Price of $14.40 per full share of Common Stock subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right must be received by the Subscription Agent prior to the Expiration Date, and represents that such payment, in the aggregate amount of $          either (check appropriate box):

GUARANTEE OF DELIVERY

(Not to Be Used for Rights Certificate Signature Guarantee)

The undersigned, a member firm of a registered national securities exchange or of the Financial Industry Regulatory Authority, or a commercial bank or trust company having an office or correspondent in the United States, or a bank, stockbroker, savings and loan association or credit union with membership in an approved signature guarantee medallion program, pursuant to Rule 17Ad-15 of the Securities Exchange Act of 1934, as amended, guarantees that the undersigned will deliver to the Subscription Agent the certificates representing the Rights being exercised hereby, with any required signature guarantee and any other required documents, all within three (3) business days after the date hereof.

Dated:

The institution that completes this form must communicate the guarantee to the Subscription Agent and must deliver the Rights Certificate(s) to the Subscription Agent within the time period shown in this prospectus. Failure to do so could result in a financial loss to such institution.

Exhibit 99.3

THE TERMS AND CONDITIONS OF THE RIGHTS OFFERING ARE SET FORTH IN THE COMPANY’S PROSPECTUS SUPPLEMENT DATED JANUARY 4, 2016 (AS THE SAME MAY BE AMENDED, THE “ PROSPECTUS SUPPLEMENT ”) AND ARE INCORPORATED HEREIN BY REFERENCE. COPIES OF THE PROSPECTUS SUPPLEMENT AND BASE PROSPECTUS ARE AVAILABLE UPON REQUEST FROM MORROW & CO., LLC., THE INFORMATION AGENT.

EMPIRE RESORTS, INC.

(Incorporated under the laws of the State of Delaware)

TRANSFERABLE SUBSCRIPTION RIGHTS CERTIFICATE

Evidencing transferable Subscription Rights, each to Purchase Shares of Common Stock of Empire Resorts, Inc.

Subscription Price: $14.40 per Share

THE SUBSCRIPTION RIGHTS IS EXPECTED TO EXPIRE IF NOT EXERCISED ON OR BEFORE 5:00 P.M., NEW YORK CITY TIME, ON FEBRUARY 10, 2016, SUBJECT TO EXTENSION OR EARLIER TERMINATION. THIS CERTIFIES THAT

the registered owner whose name is inscribed hereon and is the owner of the number of transferable subscription rights (“ Rights ”) set forth above. Each Right entitles the holder thereof to subscribe for and purchase (the “ Basic Subscription Right ”) one share of common stock, par value of $0.01 per Share, (“ Common Stock ”), of Empire Resorts, Inc., a Delaware corporation, at a subscription price of $14.40 per share (the “ Subscription Price ”), pursuant to a rights offering (the “ Rights Offering ”), on the terms and subject to the conditions set forth in the Prospectus Supplement. Holders who fully exercise their Basic Subscription Rights are entitled to subscribe for additional shares of Common Stock that remain unsubscribed for as a result of any unexercised Basic Subscription Rights pursuant to the terms and conditions of the Rights Offering, distributed proportionately among stockholders who exercised their over subscription rights, as described in the Prospectus Supplement (the “ Oversubscription Right ”). The Rights represented by this Subscription Rights Certificate may be exercised by completing the appropriate forms on the reverse side hereof and by returning the full payment of the subscription price for each share of Common Stock. If the subscriber attempts to exercise its Oversubscription Rights and the Company is unable to issue the subscriber the full amount of shares of Common Stock requested, the subscription agent will return to the subscriber any excess funds submitted as soon as practicable, without interest or deduction.

This Subscription Rights Certificate is not valid unless countersigned by Continental Stock Transfer & Trust Company, the subscription agent.

WITNESS the seal of Empire Resorts, Inc. and the signatures of its duly authorized officers.

FORM 1 - ELECTION TO PURCHASE

PLEASE PRINT ALL INFORMATION CLEARLY AND LEGIBLY.

The registered holder of this Subscription Rights Certificate is entitled to exercise the number of Rights shown in the upper right hand corner of the Subscription Rights Certificate and may subscribe for additional shares of Common Stock upon the terms and conditions specified in the Prospectus Supplement. The undersigned hereby notified the subscription agent of its irrevocable election to subscribe for shares of Common Stock in the following amounts. To subscribe for shares of Common Stock pursuant to your Basic Subscription Right, please complete lines (a) and (c) below. To subscribe for shares pursuant to your Oversubscription Right, please also complete line (b).

(b) EXERCISE OF OVERSUBSCRIPTION RIGHT: If you have exercised your Basic Subscription Right in full and wish to subscribe for additional shares pursuant to your Oversubscription Right

(c) TOTAL AMOUNT OF PAYMENT ENCLOSED $                         

The undersigned acknowledges receipt of the Prospectus Supplement, dated January 4, 2016, in connection with the Rights Offering and agrees to its terms.

IMPORTANT: THE SIGNATURE(S) MUST CORRESPOND IN EVERY PARTICULAR, WITHOUT ALTERATION, WITH THE NAME(S) AS PRINTED ON THE FRONT OF THIS SUBSCRIPTION RIGHTS CERTIFICATE.

If signature is by trustee(s), executor(s), administrator(s), guardian(s), attorney(s)-in-fact, agent(s), officer(s) of a corporation or another acting in a fiduciary or representative capacity, please provide the following information (please print). See the instructions.

METHOD OF PAYMENT (CHECK ONE):

DELIVERY TO DIFFERENT ADDRESS : If you wish for a certificate representing the Common Stock underlying your unexercised Rights to be delivered to an address different from that shown on the face of this Subscription Rights Certificate, please enter the alternate address below, sign and have your signature guaranteed

IMPORTANT : The signature(s) should be guaranteed by an eligible guarantor institution (bank, stock broker, savings & loan association or credit union) with membership in an approved signature guarantee medallion program pursuant to Rule 17Ad-15 under the Securities Exchange Act of 1934, as amended. FOR INSTRUCTIONS ON THE USE OF EMPIRE RESORTS, INC. SUBSCRIPTION RIGHTS CERTIFICATES, CONSULT MORROW & CO., LLC, THE INFORMATION AGENT, AT (855) 201-1081 and banks and brokerage firms may call (203) 658-9400 OR BY EMAIL (empire.info@morrowco.com).

FORM 2 - TRANSFER OF RIGHTS TO

DESIGNATED TRANSFEREE

The registered holder of this Subscription Rights Certificate is entitled to transfer the number of Rights shown in the upper right hand corner of the Subscription Rights Certificate upon the terms and conditions specified in the Prospectus Supplement. The undersigned hereby notified the subscription agent of its irrevocable election to transfer the Rights as set forth below.

FOR VALUE RECEIVED, the undersigned does/do hereby sell, assign, and transfer to:

                     Rights to purchase Common Stock represented by certificate number(s)                      inclusive, standing in the name of the undersigned on the books of Empire Resorts, Inc.

The undersigned does/do hereby irrevocably constitute and appoint Continental Stock Transfer & Trust Company, the subscription agent, to transfer the said Rights on the books of Empire Resorts, Inc., with full power of substitution in the premises.

IMPORTANT: THE SIGNATURE(S) MUST CORRESPOND IN EVERY PARTICULAR, WITHOUT ALTERATION, WITH THE NAME(S) AS PRINTED ON THE FRONT OF THIS RIGHTS CERTIFICATE.

If signature is by trustee(s), executor(s), administrator(s), guardian(s), attorney(s)-in-fact, agent(s), officer(s) of a corporation or another acting in a fiduciary or representative capacity, please provide the following information (please print). See the instructions.

IMPORTANT: The signature(s) should be guaranteed by an eligible guarantor institution (bank, stock broker, savings & loan association or credit union) with membership in an approved signature guarantee medallion program pursuant to Rule 17Ad-15 under the Securities Exchange Act of 1934, as amended. FOR INSTRUCTIONS ON THE USE OF EMPIRE RESORTS, INC. SUBSCRIPTION RIGHTS CERTIFICATES, CONSULT MORROW & CO., LLC THE INFORMATION AGENT, AT (855) 201-1081 and banks and brokerage firms may call (203) 658-9400 OR BY EMAIL (empire.info@morrowco.com).

Exhibit 99.4

EMPIRE RESORTS, INC.

c/o Monticello Casino and Raceway

204 State Route 17B, P.O. Box 5013

Monticello, New York 12701

January 4, 2016

Dear Common Stock holder and/or Series B Preferred Stock holder:

Enclosed are the prospectus supplement, dated January 4, 2016 (as the same may be amended, the “ Prospectus Supplement ”), and other materials relating to the rights offering (the “ Rights Offering ”) by EMPIRE RESORTS, INC. (the “ Company ”) to the holders of record of its common stock, par value $0.01 per share (the “ Common Stock ”) and the holders of record of its Series B Preferred Stock, par value $0.01 per share (the “ Series B Preferred Stock ” and such record holders of the Company’s Common Stock and Series B Preferred Stock, the “ Record Holders ”). Record Holders as of January 4, 2016 (the “ Record Date ”) will receive at no charge transferable subscription rights (the “ Subscription Rights ”) to purchase up to an aggregate of 20,138,888 shares of Common Stock (the “ Shares ”) at a subscription price of $14.40 per Share (the “ Subscription Price ”) for up to aggregate gross proceeds to the Company of approximately $290,000,000. Each Record Holder will receive one Subscription Right for each 0.4748644 shares of Common Stock held, or into which the Series B was convertible, on the Record Date. Each Subscription Right will entitle the Record Holder to purchase one Share at the Subscription Price (the “Basic Subscription Right” ). Holders of Subscription Rights may also transfer or sell their Subscription Rights if they do not want to purchase shares. The Subscription Rights have been approved for listing on the Nasdaq Global Market under the symbol “NYNYR” until February 5, 2016.

Please carefully review the Prospectus Supplement and other materials and the instructions below, which describe how you can participate in the Rights Offering. You will be able to exercise your Subscription Rights to purchase or transfer additional shares of the Company’s Common Stock only during a limited period. You will find answers to some frequently asked questions about the Rights Offering in the Prospectus Supplement. The exercise or transfer of Subscription Rights is irrevocable.

The Rights Offering is expected to expire at 5:00 p.m., New York City time, on February 10, 2016 (the “Expiration Date” ), subject to extension and earlier termination. After the Expiration Date, unexercised Subscription Rights will be null and void. The Company will not be obligated to honor any purported exercise or transfer of the Subscription Rights received by Continental Stock Transfer & Trust Company (the “ Subscription Agent ”) after 5:00 p.m., New York City time, on the Expiration Date, regardless of when the documents relating to such exercise or transfer were sent.

There is no minimum number of Shares you must purchase. If you exercise your Basic Subscription Rights in full, you may also subscribe for additional Shares up to the number of Shares you purchased under your Basic Subscription Right at the same Subscription Price, subject to certain limitations (the “ Oversubscription Right ”). If an insufficient number of Shares is available to fully satisfy all Oversubscription Right exercises, the available Shares will be allocated proportionately among those who exercise their Oversubscription Rights based on the number of Shares each such person subscribed for under the Basic Subscription Right. See “ The Rights Offering—Oversubscription Rights ” in the Prospectus Supplement.

The number of Subscription Rights to which you are entitled is printed on the face of your Subscription Rights Certificate. You should indicate your wishes with regard to the exercise or transfer of your Subscription Rights by completing the appropriate portions of your Subscription Rights Certificate and/or Beneficial Owner Election Form and returning it to the Subscription Agent in the envelope provided pursuant to the procedures described herein.

YOUR SUBSCRIPTION RIGHTS CERTIFICATE AND SUBSCRIPTION PRICE PAYMENT, BY CASHIER’S OR CERTIFIED CHECK DRAWN ON A U.S. BANK, U.S. POSTAL MONEY ORDER OR BY WIRE TRANSFER OF IMMEDIATELY AVAILABLE FUNDS, MUST BE ACTUALLY RECEIVED BY THE SUBSCRIPTION AGENT, PRIOR TO 5:00 P.M., NEW YORK CITY TIME, ON THE

EXPIRATION DATE. ONCE A RECORD HOLDER HAS EXERCISED OR TRANSFERED THE BASIC SUBSCRIPTION RIGHT AND EXERCISED THE OVERSUBSCRIPTION RIGHT, SUCH EXERCISE OR TRANSFER MAY NOT BE REVOKED. SUBSCRIPTION RIGHTS NOT EXERCISED OR TRANSFERED PRIOR TO 5:00 P.M., NEW YORK CITY TIME, ON THE EXPIRATION DATE, AS EXTENDED, OF THE RIGHTS OFFERING WILL EXPIRE WITHOUT VALUE.

Subscriptions by Record Holders

A Record Holder is a holder of our Common Stock or Series B Preferred Stock whose shares are registered in their name. To exercise your Subscription Rights, complete your Subscription Rights Certificate and send the properly completed and executed Subscription Rights Certificate evidencing such Subscription Rights, with any signatures required to be guaranteed so guaranteed, together with payment in full of the Subscription Price for each Share subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right, to the Subscription Agent so that it will be actually received by the Subscription Agent prior to 5:00 p.m., New York City time, on the Expiration Date. Payment of the Subscription Price for the Basic Subscription Right and the Oversubscription Right will be held in a segregated account to be maintained by the Subscription Agent until the Shares are issued. All payments must be made in U.S. dollars for the full number of Shares being subscribed for by a cashier’s check or certified check drawn on a U.S. bank, or U.S. Postal money order, payable to “Continental Stock Transfer & Trust Company (acting as subscription agent for Empire Resorts, Inc.)” or by wire transfer of immediately available funds directly to the account maintained by Continental Stock Transfer & Trust Company as agent for Empire Resorts, Inc., for purposes of accepting subscriptions in the Rights Offering, at JPMorgan Chase, ABA # 021000021, Account # 475-508866 FBO Empire Resorts, Inc. Subscription, with reference to the Subscription Rights holder’s name.  Please reference your Subscription Rights Certificate Number on your check.

The Subscription Rights Certificate and payment of the Subscription Price (unless submitted by wire transfer) must be delivered to the Subscription Agent by hand, mail or overnight courier to the following address:

Continental Stock Transfer & Trust Company

17 Battery Place, 8th Floor

New York, NY 10004

Attn: Corporate Actions Department

Telephone Number for Confirmation: (917) 262-2378

Subscriptions by Beneficial Owners

A beneficial owner is a holder of our Common Stock or Series B Preferred Stock whose shares are registered in the name of a broker, custodian bank or other nominees. In such case, the broker, custodian bank or other nominees is the record holder of the Subscription Rights. To exercise your Subscription Rights, instruct your broker, custodian bank or other nominee to exercise your rights and deliver all documents and payment in full of the Subscription Price on your behalf for each Share subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right, to the Subscription Agent so that it will be actually received by the Subscription Agent prior to 5:00 p.m., New York City time, on the Expiration Date.

By making arrangements with your broker, custodian bank or other nominee for the delivery of funds on your behalf, you may also request such broker, custodian bank or other nominee to exercise the Subscription Rights Certificate on your behalf.

Following the receipt of a properly completed and executed Subscription Rights Certificate, together with the payment of the Subscription Price for the Shares subscribed for, and promptly after all pro rata allocations and adjustments contemplated by the terms of the Rights Offering have been effected, the following deliveries

and payments will be made to the address shown on the face of your Subscription Rights Certificate, or, if you hold your shares in book-entry form, such deliveries and payments will be in the form of a credit to your account:

The Subscription Rights are transferable during the Rights Offering. As a result, you may transfer or sell your Subscription Rights if you do not want to exercise them to purchase Common Stock. The Subscription Rights have been approved for listing under the symbol “NYNYR” on the Nasdaq Global Market. The Company currently expects that the Subscription Rights will begin to trade on Nasdaq on January 5, 2016 and will continue to trade until 4:00 p.m., New York City time, on February 5, 2016, the third trading day prior to the Expiration Date, unless the Company terminates or extends the Rights Offering. The Subscription Rights are a new issue of securities with no prior trading market, and there can be no assurances provided as to the liquidity of the trading market for the Subscription Rights or their market value.

If you are a Record Holder of Common Stock and receive a Subscription Rights Certificate, you may take your Subscription Rights Certificate to your broker and request to sell the Subscription Rights represented by such certificate. The broker will instruct you as to what is required to sell your Subscription Rights. Commissions and applicable taxes or broker fees may apply if you sell your Subscription Rights. If you are a beneficial owner of Common Stock on the Record Date or will receive your Subscription Rights through a broker, dealer, custodian bank or other nominee, the Company will ask your broker, dealer, custodian bank or other nominee to notify you of the Rights Offering. See “ The Rights Offering—Transferability of Subscription Rights. ”

The Company will pay all fees and expenses of the Subscription Agent related to its acting in such role in connection with the Rights Offering. You are responsible for paying any other commissions, fees, taxes or expenses incurred in connection with the exercise or transfer of Subscription Rights or subscribing for Shares. Neither the Subscription Agent nor the Company will pay such expenses.

The method of delivery of Subscription Rights Certificates and payment of the Subscription Price to the Subscription Agent for each Share subscribed for will be at the risk of the holders of Subscription Rights. If sent by mail, we recommend that you send those certificates and payments by overnight courier or by registered first class mail, properly insured, with return receipt requested, and that a sufficient number of days be allowed to ensure delivery to the Subscription Agent and clearance of payment prior to 5:00 p.m., New York City time, on the Expiration Date.

In the case of Subscription Rights that are held of record through the Depository Trust Company (the “ Book-Entry Transfer Facility ”), exercises of Subscription Rights under the Basic Subscription Privilege and the Over-Subscription Privilege may be effected by instructing the Book-Entry Transfer Facility to transfer Subscription Rights from the Book-Entry Transfer Facility account of such holder to the Book-Entry Transfer Facility account of the Subscription Agent, together with certification as to the aggregate number of Subscription Rights exercised and the number of Shares thereby subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right by each beneficial owner of Subscription Rights on whose behalf such nominee is acting, and payment of the Subscription Price for each Share subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right.

Payments of the Subscription Price (unless submitted by wire transfer) should be mailed or delivered to the appropriate address (or, for wire transfer payments, to the appropriate account) as described under Section 1, “ Method of Exercise and Payment ” above.

TO ENSURE COMPLIANCE WITH IRS CIRCULAR 230, YOU ARE HEREBY NOTIFIED THAT: (A) ANY DISCUSSION OF U.S. FEDERAL TAX ISSUES CONTAINED OR REFERRED TO HEREIN IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED BY ANY TAXPAYER FOR THE PURPOSE OF AVOIDING U.S. FEDERAL, STATE OR LOCAL TAX PENALTIES, (B) SUCH DISCUSSION IS WRITTEN IN CONNECTION WITH THE PROMOTION OR MARKETING OF THE TRANSACTION OR MATTERS DISCUSSED HEREIN, AND (C) THE TAXPAYER SHOULD SEEK ADVICE BASED ON THEIR PARTICULAR CIRCUMSTANCES FROM AN INDEPENDENT TAX ADVISOR.

Each holder who elects to exercise Subscription Rights should provide the Subscription Agent with a correct Taxpayer Identification Number (“ TIN ”) on Substitute Form W-9, a copy of which is being furnished to each Record Holder. Additional copies of Substitute Form W-9 may be obtained upon request from the Subscription Agent at the address set forth above or by contacting Morrow & Co., LLC, the Information Agent. Failure to provide the information on the form may subject such Record Holder to a $50.00 penalty for each such failure and to U.S. federal income tax backup withholding (currently at a 28% rate) with respect to dividends that may be paid by the Company on shares of Common Stock purchased upon the exercise of Subscription Rights (for those Record Holders exercising Subscription Rights).

If you have any questions concerning the Rights Offering, please contact, Morrow & Co., LLC, the Information Agent, 470 West Avenue, 3rd Floor, Stamford, CT 06902, by telephone (shareholder may call (855) 201-1081 and banks and brokerage firms may call (203) 658-9400 or by email (empire.info@morrowco.com).

Exhibit 99.5

EMPIRE RESORTS, INC.

UP TO 20,138,888 SHARES OF COMMON STOCK

ISSUABLE UPON EXERCISE OF TRANSFERABLE RIGHTS

TO SUBSCRIBE FOR SUCH SHARES

THE SUBSCRIPTION RIGHTS ARE EXERCISABLE UNTIL 5:00 P.M., NEW YORK CITY TIME,

ON FEBRUARY 10, 2016, SUBJECT TO EXTENSION OR EARLIER TERMINATION.

January 4, 2016

To Securities Dealers, Commercial Banks,

Trust Companies and Other Nominees:

This letter is being distributed to securities dealers, commercial banks, trust companies and other nominees in connection with the rights offering (the “ Rights Offering ”) by Empire Resorts, Inc. (the “ Company ”) of shares of common stock, par value $0.01 per share (the “ Common Stock ”) of the Company, pursuant to transferable subscription rights (the “ Rights ”) distributed to all holders of record of shares of Common Stock and Series B Preferred Stock, par value $0.01 per share (the “ Series B Preferred Stock ”) on January 4, 2016 (the “ Record Date ”). The Rights and Common Stock are described in the accompanying offering prospectus covering the Rights and the shares of Common Stock issuable upon their exercise dated January 4, 2016 (the “ Prospectus Supplement ”).

In the Rights Offering, the Company is offering an aggregate of 20,138,888 shares of Common Stock, as described in the Prospectus Supplement.

The Rights will expire, if not exercised prior to 5:00 p.m., New York City time, on February 10, 2016 (the “ Expiration Date” ), subject to extension or earlier termination. Rights holders may also transfer or sell their Rights if they do not want to exercise them to purchase common stock. The Rights have been approved for listing on the Nasdaq Global Market under the symbol “NYNYR” until February 5, 2016.

As described in the Prospectus Supplement, each beneficial owner of shares of Common Stock registered in the name of such beneficial owner or the name of a nominee is entitled to one Right for each 0.4748644 shares of Common Stock owned, or into which the Series B Preferred Stock was convertible, on the Record Date. Each Right allows the holder thereof to subscribe for one share of Common Stock (the “ Basic Subscription Right ”) at the cash price of $14.40 per share (the “ Subscription Price ”). For example, if a Rights holder owned five shares of Common Stock as of the Record Date, it would receive 10 Rights and would have the right to purchase 10 shares of Common Stock for the Subscription Price each.

If a Rights holder purchases all of the shares of Common Stock available to it pursuant to its Basic Subscription Right, it may also exercise an oversubscription right (the “ Oversubscription Right ”) to purchase a portion of any shares of Common Stock that are not purchased by holders through the exercise of their Basic Subscription Rights (such shares, the “ Unsubscribed Shares ”), up to the number of shares it purchased under the Basic Subscription Right. To the extent the number of the Unsubscribed Shares is not sufficient to satisfy all of the properly exercised Oversubscription Right requests, then the available shares will be prorated among those who properly exercised their Oversubscription Right based on the number of shares each Rights holder subscribed for under the Oversubscription Right.

Each Rights holder will be required to submit payment in full for all the shares it wishes to buy with its Basic Subscription Right and its Oversubscription Right. Because the Company will not know the total number of Unsubscribed Shares prior to the Expiration Date, if a Rights holder wishes to maximize the number of shares it may purchase pursuant to the Rights holder’s Oversubscription Right, such holder will need to deliver payment in an amount equal to the aggregate Subscription Price for the maximum number of shares of Common Stock available to the Rights holder, assuming that no holders other than such Rights holder purchases any shares of Common Stock pursuant to the Basic Subscription Right and Oversubscription Right. Any excess subscription

payments received by Continental Stock Transfer & Trust Company (the “ Subscription Agent ”) will be returned, without interest, as soon as practicable after the termination of the Rights Offering.

The Company can provide no assurances that each Rights holder will actually be entitled to purchase the number of shares of Common Stock issuable upon the exercise of its Oversubscription Right in full. The Company will not be able to satisfy a Rights holder’s exercise of the Oversubscription Right if the Rights Offering is subscribed in full, and the Company will only honor an Oversubscription Right to the extent sufficient shares of Common Stock are available following the exercise of subscription rights under the Basic Subscription Rights, subject to the limitations set forth below:

The Company is asking persons who hold shares of Common Stock or Series B Preferred Stock beneficially and who have received the Rights distributable with respect to those shares through a broker, custodian bank, or other nominee, as well as persons who hold certificates of Common Stock or Series B Preferred Stock directly and prefer to have such institutions effect transactions relating to the Rights on their behalf, to contact the appropriate institution or nominee and request it to effect the transactions for them.

If a Rights holder wishes to transfer or sell its Rights, in addition to any other procedures required by a broker, custodian bank or other nominee, it must deliver an order to sell to such broker, custodian bank or other nominee such that it will be actually received well in advance of 4:00 p.m., New York City time, on February 5, 2016, the third trading day prior to the Expiration Date. Registered holders of Common Stock as of the Record Date that have received a Rights certificate may take such certificate to a broker and request to transfer or sell the rights represented by the certificate. See “ The Rights Offering—Transferability of Subscription Rights. ”

All commissions, fees and other expenses (including brokerage commissions and transfer taxes), other than fees and expenses of the Subscription Agent, incurred in connection with the exercise or transfer of the Rights will be for the account of the holder of the Rights, and none of such commissions, fees or expenses will be paid by the Company or the Subscription Agent.

Enclosed are copies of the following documents:

1. The Prospectus Supplement;

2. A letter to holders of the Rights as to the use of Empire Resorts, Inc. Rights Certificates;

3. A form of letter which may be sent to your clients for whose accounts you hold shares of Common Stock and/or Series B Preferred Stock registered in your name or the name of your nominee (including a Beneficial Owner Election Form), with an attached form of instruction;

4. Nominee Holder Certification; and

5. A return envelope addressed to Continental Stock Transfer & Trust Company, the Subscription Agent.

Your prompt action is requested. To exercise the Rights, you should deliver the properly completed and signed Nominee Holder Certification, with payment of the Subscription Price in full for each share of Common

Stock subscribed for pursuant to the Basic Subscription Right and the Oversubscription Right, to the Subscription Agent, as indicated in the Prospectus Supplement. The Subscription Agent must receive the Nominee Holder Certification with payment of the Subscription Price, including final clearance of any checks, prior to the Expiration Date. A Rights holder cannot revoke, change or cancel the exercise or transfer of its Rights. Rights not exercised prior to the Expiration Date will expire.

Additional copies of the enclosed materials may be obtained from Morrow & Co., LLC, the Information Agent. The Information Agent may be contacted by telephone (shareholders may call (855) 201-1081 and banks and brokerage firms may call (203) 658-9400 or email (empire.info@morrowco.com). Any questions or requests for assistance concerning the rights offering should be directed to the Information Agent.

Very truly yours,

Empire Resorts, Inc.

Exhibit 99.6

EMPIRE RESORTS, INC.

UP TO 20,138,888 SHARES OF COMMON STOCK

ISSUABLE UPON EXERCISE OF TRANSFERABLE RIGHTS

TO SUBSCRIBE FOR SUCH SHARES

THE SUBSCRIPTION RIGHTS ARE EXERCISABLE UNTIL 5:00 P.M., NEW YORK CITY TIME,

ON FEBRUARY 10, 2016, SUBJECT TO EXTENSION AND EARLIER TERMINATION.

To Our Clients:

We are sending this letter to you because we hold shares of EMPIRE RESORTS, INC. (the “ Company ”) common stock, par value $0.01 per share (the “ Common Stock ”) and/or Series B Preferred Stock, par value $0.01 per share (the “ Series B Preferred Stock ”) for you. The Company has commenced a rights offering of up to an aggregate of 20,138,888 shares of Common Stock of the Company (the “ Shares ”) at a subscription price of $14.40 per Share (the “ Subscription Price ”) pursuant to the exercise of transferable subscription rights (the “ Rights ”) distributed to all holders of record of shares of the Common Stock and the Series B Preferred Stock as of January 4, 2016 (the “ Record Holders ”). The Rights are described in the Company’s prospectus, dated January 4, 2016 (as the same may be amended, the “ Prospectus Supplement ”), and evidenced by a subscription certificate (the “ Subscription Certificate ”) registered in your name or in the name of your nominee.

The Company has distributed one Right for each 0.4748644 shares of Common Stock outstanding, or into which the Series B Preferred Stock is convertible, as of 5:00 p.m., New York City time, on January 4, 2016. Each Right entitles the Record Holder to purchase one Share at the Subscription Price (the “ Basic Subscription Right ”). Record Holders who exercise their Basic Subscription Right in full may also subscribe for additional Shares up to the number of shares purchased upon exercise of the Basic Subscription Right not subscribed for by other Subscription Rights holders in the Rights Offering at the same Subscription Price (the “ Oversubscription Right ”). There is no minimum number of Shares any Record Holder must purchase, but Record Holders may not purchase fractional Shares, and we will round the number of shares issued down to the nearest whole number. Any excess subscription payment received by Continental Stock Transfer & Trust Company (the “ Subscription Agent ”) will be returned as soon as practicable. Rights holders may also transfer or sell their Rights if they do not want to exercise them to purchase Common Stock. The Rights have been approved for listing on the Nasdaq Global Market under the symbol “NYNYR” until February 5, 2016. See “ The Rights Offering–The Subscription Rights ” in the Prospectus Supplement.

Each Rights holder will be required to submit payment in full for all the shares it wishes to buy with its Basic Subscription Right and its Oversubscription Right. If you wish to exercise your Oversubscription Right, you should indicate the number of additional Shares you would like to subscribe for in the space provided on the enclosed Beneficial Owner Election Form. When you send in that form, you must also send the full purchase price for the number of additional Shares that you have requested (in addition to the payment due for Shares purchased through your Basic Subscription Right). If an insufficient number of Shares is available to fully satisfy all Oversubscription Right requests, the available Shares will be allocated proportionately among rights holders who exercise their Oversubscription Rights based on the number of Shares each such holder subscribed for under the Basic Subscription Right. To the extent you properly exercise your Oversubscription Right for an amount of Shares that exceeds the number of unsubscribed Shares available to you, any excess subscription payment received by the Subscription Agent will be promptly returned to you, without interest or deduction. See “ The Rights Offering–The Subscription Rights ” in the Prospectus Supplement. We are (or our nominee is) the Record Holder of the Common Stock and/or of the Series B Preferred Stock held by us for your account. We can exercise your Subscription Rights only if you instruct us to do so.

If you wish to transfer or sell your Rights, you must deliver an order to do so such that it will be actually received by us well in advance of 4:00 p.m., New York City time, on February 5, 2016, the third trading day prior to the Expiration Date. If you are a registered holder of Common Stock as of the Record Date and receive a Rights certificate, you may submit your Rights certificate to us to transfer or sell the rights represented by the certificate. See “ The Rights Offering—Transferability of Subscription Rights. ”

We request instructions as to whether you wish to have us exercise or transfer the Subscription Rights relating to the Common Stock and/or the Series B Preferred Stock we hold on your behalf, upon the terms and conditions set forth in the Prospectus Supplement.

We have enclosed your copy of the following documents:

1. Letter to Subscription Rights holders from the Company;

2. Prospectus Supplement;

3. Base Prospectus; and

4. Beneficial Owner Election Form.

The Subscription Rights will expire if not exercised prior to 5:00 p.m., New York City time, on February 10, 2016, subject to extension and earlier termination (the “ Expiration Date ”). Any Subscription Rights not exercised prior to the Expiration Date will expire and will have no value. Any subscription for Shares made in the rights offering is irrevocable.

The materials enclosed are being forwarded to you as the beneficial owner of the Common Stock and/or the Series B Preferred Stock carried by us in your account but not registered in your name. Exercises or transfers of Subscription Rights may be made only by us as the Record Holder and pursuant to your instructions. Accordingly, we request instructions as to whether you wish us to elect to subscribe for or transfer any Shares to which you are entitled pursuant to the terms and subject to the conditions set forth in the Prospectus Supplement. However, we urge you to read the Prospectus Supplement and other enclosed materials carefully before instructing us to exercise or transfer your Subscription Rights.

Your instructions to us should be forwarded as promptly as possible in order to permit us to exercise or transfer Subscription Rights on your behalf in accordance with the provisions of the rights offering prior to the Expiration Date.

If you wish to have us, on your behalf, exercise or transfer the Subscription Rights for any Shares to which you are entitled, please so instruct us by completing, executing and returning to us the “ Beneficial Owner Election Form ” included herewith.

If you have any questions concerning the rights offering, you may contact Morrow & Co., LLC, the Information Agent, by telephone (shareholders may call (855) 201-1081 and banks and brokerage firms may call (203) 658-9400 or by email (empire.info@morrowco.com).

Exhibit 99.7

EMPIRE RESORTS, INC.

UP TO 20,138,888 SHARES OF COMMON STOCK

ISSUABLE UPON EXERCISE OF TRANSFERABLE RIGHTS

TO SUBSCRIBE FOR SUCH SHARES

NOMINEE HOLDER CERTIFICATION

The undersigned, a bank, custodian bank or other nominee holder (the “ Nominee Holder ”) of transferable subscription rights (the “ Subscription Rights ”) to purchase shares of common stock, par value $0.01 per share (the “ Shares ”) of EMPIRE RESORTS, INC. (the “ Company ”), pursuant to the rights offering described in the Company’s prospectus, dated January 4, 2016 (the “ Prospectus Supplement ”), hereby certifies to the Company and Continental Stock Transfer & Trust Company, as subscription agent for the rights offering, that the undersigned has exercised, on behalf of the beneficial owners thereof (which may include the undersigned), the Subscription Rights to subscribe for the number of Shares specified below under the basic subscription right, and on behalf of beneficial owners of Subscription Rights who have exercised their basic subscription rights in full, requests to subscribe for the number of additional Shares specified below pursuant to the oversubscription right, the terms of which are described further in the Prospectus Supplement, listing separately each exercised basic subscription right and any corresponding oversubscription right as to each beneficial owner (without identifying any such beneficial owner) for whom the Nominee Holder is acting hereby:

Provide the following information if applicable:

DTC Subscription Confirmation Numbers

Exhibit 99.8

EMPIRE RESORTS, INC.

UP TO [ ● ] SHARES OF COMMON STOCK

ISSUABLE UPON EXERCISE OF TRANSFERABLE

RIGHTS TO SUBSCRIBE FOR SUCH SHARES

BENEFICIAL OWNER ELECTION FORM

I (We) acknowledge receipt of your letter and the enclosed materials relating to the offering of shares of common stock, par value $0.01 per share (the “ Shares ”) of EMPIRE RESORTS, INC. (the “ Company ”), issuable upon the exercise of transferable subscription rights (“ Subscription Rights ”).

In this form, I (we) instruct you whether to exercise Subscription Rights to purchase Shares distributed with respect to the common stock and/or Series B Preferred Stock, par value $0.01 per share, of the Company held by you for my (our) account, pursuant to the terms and subject to the conditions set forth in the prospectus supplement dated January 4, 2016 (as amended, the “ Prospectus Supplement ”).

Exhibit 99.9

EMPIRE RESORTS ANNOUNCES COMMENCEMENT OF RIGHTS OFFERING

Monticello, New York, January 4, 2016—Empire Resorts, Inc. (NASDAQ-GM:NYNY) (“Empire” and, together with its subsidiaries, the “Company”) today announced that it has commenced a rights offering for approximate gross proceeds of $290,000,000. Empire has granted, at no charge to the holders of record of its common stock and Series B Preferred Stock as of 5:00 p.m., New York City time, on January 4, 2016, the record date for the rights offering, one transferable subscription right for each 0.4748644 shares of common stock owned, or into which the Series B Preferred Stock is convertible, as more fully described in the prospectus supplement relating to the rights offering. Each subscription right entitles the holder to purchase one share of common stock at a subscription price of $14.40 per share. In addition, holders of subscription rights who fully exercise their basic subscription rights are entitled to oversubscribe for additional shares of common stock up to the number of shares purchased pursuant to the exercise of their basic subscription rights.

The subscription offering is expected to expire at 5:00 p.m., New York City time, on February 10, 2016, subject to extension or earlier termination. The Company will not issue subscription rights to acquire fractional shares of its common stock but rather will round down the aggregate number of shares for which holders may subscribe to the nearest whole share.

The subscription rights have been approved for listing on The Nasdaq Stock Market under the symbol “NYNYR” (CUSIP No. 292052123). The subscription rights are expected to begin trading on the Nasdaq Global Market on January 5, 2016, with such listing to continue until 4.00 p.m., New York City time, on February 5, 2016, unless the rights offering is earlier terminated or extended. As a result of “due bill” trading procedures, we expect that the shares of the Company’s common stock will trade with an entitlement to subscription rights until an ex-dividend date has been established by Nasdaq. We cannot assure you that a market for the subscription rights will develop or, if a market does develop, of the prices at which the subscription rights will trade or whether such market will be sustainable throughout the period when the securities are transferable.

The Company has entered into a standby purchase agreement with Kien Huat Realty III Limited (“Kien Huat”), the Company’s largest stockholder, whereby Kien Huat agreed (i) to exercise its basic subscription rights to acquire approximately $30 million of our common stock within ten (10) days of the commencement of the rights offering with a closing proximate thereto and (ii) to exercise the remainder of its basic subscription rights prior to the expiration date of this rights offering. In addition, Kien Huat has agreed that it will exercise all rights not otherwise exercised by the other holders in the rights offering, which we refer to as the standby purchase, upon the same terms as the other holders. The Company will pay Kien Huat a backstop fee of $1,450,000 pursuant to the standby purchase agreement. In addition, the Company will reimburse Kien Huat for its expenses related to the standby purchase agreement in an amount not to exceed $50,000. The consummation of the transactions contemplated by the standby purchase agreement is subject to customary closing conditions.

The net proceeds of the offering will be used for the expenses relating to (i) development of the Montreign Resort Casino, to be located at the site of Adelaar (“Adelaar”), a four-season destination resort planned for The Town of Thompson in Sullivan County, New York, (ii) redemption of outstanding shares of Series E Preferred Stock of the Company pursuant to an existing settlement agreement and (iii) development of the golf course and entertainment village that are part of the initial phase of Adelaar and for the Company’s working capital purposes.

Shareholders who hold their shares directly will receive a prospectus, together with a letter from the Company describing the rights offering, a subscription rights certificate and an IRS Form W-9. Shareholders who want to exercise their rights should review all materials, properly complete and execute the subscription rights certificate and deliver it and payment in full to the subscription agent:

Continental Stock Transfer & Trust Company

17 Battery Place, 8th Floor

New York, NY 10004

Attn: Corporate Actions Department

Telephone Number for Confirmation: (917) 262-2378

Holders of subscription rights whose shares are held in street name through a broker, custodian bank or other nominee must instruct their broker, custodian bank or nominee whether or not to exercise subscription rights on their behalf. Shareholders who want to obtain a separate subscription rights certificate should promptly contact their broker, custodian bank or other nominee with that request, although it is not necessary to have a physical subscription rights certificate to elect to exercise rights if shares are held in street name.

This release does not constitute an offer to sell or the solicitation of an offer to buy nor will there be any sale of any securities referred to in this press release in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such state or jurisdiction. The rights offering is being made only by means of a prospectus meeting the requirements of the Securities Act of 1933, as amended.

A copy of the prospectus or further information with respect to the rights offering may be obtained by contacting Morrow & Co., LLC, the Information Agent. Stockholders may contact Morrow & Co., LLC by telephone at (855) 201-1081 and banks and brokerage firms by telephone at (203) 658-9400. Morrow & Co., LLC may also be reached by email at empire.info@morrowco.com.

About Empire Resorts

Empire Resorts, Inc. owns and operates, through its subsidiary Monticello Raceway Management, Inc., the Monticello Casino and Raceway, a harness racing track and casino in Monticello, N.Y., and is 90 miles from midtown Manhattan. For additional information, please visit www.empireresorts.com.

As a result of the award of a gaming facility license from the New York State Gaming Commission, the Company, through its subsidiary Montreign Operating Company, LLC, will begin construction of Montreign Resort Casino – an 18-story casino, hotel and entertainment complex with approximately 102 table games, 2,150 state of the art slot machines and 332 luxury rooms, which includes 12 penthouse suites, 8 garden suites and 7 two-story villas, designed to meet 5-star and 5-diamond standards. For additional information, please visit www.montreign.com.

Contacts

Empire Resorts, Inc.

Charles Degliomini, 845-807-0001

cdegliomini@empireresorts.com