Exhibit 99.1

THE TERMS AND CONDITIONS OF THE RIGHTS OFFERING ARE SET FORTH IN THE COMPANY’S PROSPECTUS DATED APRIL [    ], 2013 (THE “PROSPECTUS”) AND ARE INCORPORATED HEREIN BY REFERENCE. COPIES OF THE PROSPECTUS ARE AVAILABLE UPON REQUEST FROM MACKENZIE PARTNERS, INC., THE INFORMATION AGENT.

EMPIRE RESORTS, INC.

(Incorporated under the laws of the State of Delaware)

Nontransferable SUBSCRIPTION RIGHTS CERTIFICATE

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

Subscription Price: $1.8901 per Share

THE SUBSCRIPTION RIGHTS WILL EXPIRE IF NOT EXERCISED PRIOR TO 5:00 P.M., NEW YORK CITY TIME, ON MAY [    ], 2013. THIS CERTIFIES THAT

the registered owner whose name is inscribed hereon and is the owner of the number of 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 $1.8901 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. 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 (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 Company 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 EXERCISE OF SUBSCRIPTION RIGHTS

PLEASE PRINT ALL INFORMATION CLEARLY AND LEGIBLY.

The undersigned hereby notifies the Subscription Agent of its irrevocable election to subscribe for shares of common stock in the following amounts: To subscribe for shares pursuant to your Basic Subscription Right, please complete lines (a) and (c) and sign below. To subscribe for shares pursuant to your Over-Subscription Right, please also complete line (b). (a) EXERCISE OF BASIC SUBSCRIPTION RIGHT: I subscribe for                  (No. of shares of common stock) x $1.8901 (Subscription Price) = $                 (Payment) (b) EXERCISE OF OVERSUBSCRIPTION Right : If you have exercised your Basic Subscription Right in full and wish to subscribe for additional shares of common stock pursuant to your OverSubscription Right : I subscribe for                  (No. of shares of common stock) x $1.8901 (Subscription Price) = $                 (Payment) (c) Total Amount of Payment Enclosed $                

SIGNATURE(S)

I acknowledge that I have received the Prospectus and I hereby irrevocably subscribe for the number of shares indicated above, all on the terms and conditions specified in the Prospectus.

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.

DELIVERY TO DIFFERENT ADDRESS: If you wish for the Common Stock underlying your subscription rights, a certificate representing unexercised subscription rights or the proceeds of any sale of subscription 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

To transfer your subscription rights to another person in accordance with the Prospectus, please complete the below and have your signature medallion stamp 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 MACKENZIE PARTNERS, INC., THE INFORMATION AGENT, AT (800) 322-2885