TERMS OF SERVICE
1. Applicability and Acceptance of Terms of Service:
These Terms of Service (“TOS”) govern your access to and use of the California State Lottery (“the Lottery”) website at (the “Site”) and all related websites, networks, downloadable software, mobile applications (including tablet applications) and other technology services (Services) offered by the Lottery (collectively with the Site, the “Services”).
To register for the Services, you must:
- Be eighteen (18) years of age or older.
- Provide your name, date of birth, email address and California home address or P.O. box.
The Lottery takes steps to verify the information that you submit when registering for the Services. If sufficiently verified, your registered player account will provide access to all of the Services. If your information appears to qualify you for an account but cannot be sufficiently verified, your registered player account will not allow you to participate in some of the Services, including the Lottery’s Jackpot Captain and 2nd Chance programs.
Only one registered player account is permitted per person. If it is determined that a person has multiple accounts, the Lottery may terminate some or all of those accounts, at its sole discretion. In addition, players with multiple active accounts may be disqualified from receiving 2nd Chance prizes, at the Lottery’s sole discretion.
2. Revisions to Terms of Service:
The Lottery reserves the right, at its discretion, to change these TOS at any time. Please check these TOS periodically for changes. In the event that a change to these TOS materially modifies your rights or obligations, the Lottery will make reasonable efforts to notify you of such change. The Lottery may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account or through other mechanisms.
3. Description of the Services
The Services provide users with various forms of entertainment and ways to win prizes big and small. As a player and registered member of the Services, you may have access through different devices (such as mobile phones and tablets) to a collection of resources including community-building tools and forums, personalized content and a wide range of branded programs.
As a user member of the Services, you understand and agree that the Services may include advertisements that provide players with information about different entertainment and programming options.
You also understand and agree that you will receive communications from the Lottery through the Services such as service announcements, administrative messages, information relating to certain features of the Service (such as messages from the Players’ Lounge) and newsletters meant to share the latest information about the Lottery. You will have the option to “opt out” of some, but not all, of these communications.
Unless explicitly stated otherwise, any new features that enhance the Services, including the release of new Lottery websites, networks, software, mobile applications and other technology services, shall be subject to these TOS. You are solely responsible for obtaining access to the Services, and you understand that access may involve third-party fees (such as internet service provider or airtime charges).
You are solely responsible for any associated fees. In addition, you must provide and are responsible for maintaining all equipment necessary for you to access the Services.
You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks and changes to enable conformity and adaptation to technical requirements of connecting networks or devices.
4. Your Registration Obligations
When you register for the Services, you represent and warrant that:
- You are 18 years of age or older and are not a person barred from receiving the Services under the laws of California or the laws of other applicable jurisdictions.
- You will provide true, accurate, current and complete information about yourself as prompted by the registration form for the Services (the “Registration Information”), including your true full legal name.
- You will maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
IF YOU FAIL TO COMPLY, OR IF THE LOTTERY HAS REASONABLE GROUNDS TO SUSPECT THAT YOU HAVE FAILED TO COMPLY, WITH ANY PORTION OF THE REGISTRATION OBLIGATIONS, REPRESENTATIONS OR WARRANTIES DESCRIBED IN THIS SECTION 4, YOU WILL NOT BE ELIGIBLE TO RECEIVE PRIZES FROM THE LOTTERY, AND THE LOTTERY WILL HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP AND TO REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES.
In the case of 2nd Chance draws, only a person identified by name in the official records of the Lottery as connected with the winning numbers may claim the prize.
5. Member Account, Password and Security
To access and use most features of the Services, you will be required to register for an account. You will be asked to enter your email address and provide a password during the registration process for the Services. You are responsible for maintaining the confidentiality of your password and your account and for all activities and usage that occurs on your account. You agree to immediately notify the Lottery of any unauthorized use of your password or account or any other breach of security. You agree not to share your password, allow others to access your account or do anything else that might jeopardize the security of your account on the Services. You agree not to transfer your account on the Services to any other person or entity. The Lottery is not liable for any loss or damage arising from your failure to comply with these requirements.
Certain features of the Services may permit users to post content, including messages, data, text and other types of works (collectively, “Content”) and to publish Content on the Services. You retain copyright and any other proprietary rights that you may hold in the Content that you post to the Services.
By posting or publishing Content, you grant the Lottery a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) in connection with the Services. Any such use of your Content by the Lottery may be without any compensation paid to you.
You are solely responsible for your Content and the consequences of posting or publishing Content. By posting and publishing Content, you affirm, represent and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents and permissions to use and to authorize the Lottery and users of the Services to use and distribute your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by the Lottery and these TOS.
- Your Content, and the use thereof as contemplated by these TOS, does not and will not: (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; or (ii) slander, defame or libel any other person.
The Lottery is not obligated to edit or control Content that you or other users post or publish, and will not be in any way responsible or liable for Content. The Lottery may, however, at any time and without prior notice, screen, remove, edit or block any Content that in our sole judgment violates these TOS or is otherwise objectionable. You understand that when using the Services you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Lottery with respect to Content. The Lottery expressly disclaims any and all liability in connection with Content. If notified that Content allegedly does not conform to these TOS, the Lottery may investigate the allegation and determine, in its sole discretion, whether to remove the Content, which it reserves the right to do at any time and without notice.
The Digital Millennium Copyright Act (17 U.S.C. §512, as amended) provides a mechanism for submitting complaints with respect to material posted on the Services. You may contact our Designated Agent at the following address:The California State Lottery Attn: Lottery Designated Agent 700 North 10th Street Sacramento, CA 95811 Email: email@example.com
Any notification alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
- Identification of the copyrighted work or other intellectual property that you claim has been infringed. • Your address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the materials on the Services about which you are complaining is not authorized by the copyright owner, its agent or the law.
- Identification of the material that you claim is infringing and where it is located on the Service.
- A statement by you that the information in your notification is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
The Lottery will terminate the accounts of users that are determined by the Lottery to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Services more than twice.
8. Member Conduct
In accessing the Services, you agree not to:
- Enter 2nd Chance submissions from a location outside the state of California.
- Upload, post, email, transmit or otherwise make available any Content or other material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a Lottery official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass robot exclusion headers.
- Do anything that could disable, overburden or impair the proper working of the Services, such as a denial of service attack.
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
- “Stalk,” bully, intimidate or otherwise harass another on the Services.
- Offer any contest, giveaway or sweepstakes on the Services.
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above, including by soliciting login information or accessing an account belonging to someone else.
- Attempt to do any of the foregoing or aid or permit anyone else to engage or attempt to engage in any of the foregoing.
You understand that the Services and software embodied within the Services may include security components that protect digital materials from unpermitted distribution, reproduction or use. You may not attempt to override or circumvent any of these digital protection measures except as expressly permitted by law.
9. Interstate Nature of Communications on the Lottery Network
When you register for the Services, you acknowledge that you will be causing communications to be sent through the Lottery’s computer network, portions of which are located in California, Texas and other locations in the United States or abroad. As a result of this network, communications that may seem to be intrastate in nature can result in the transmission of interstate or international communications, regardless of where you are physically located at the time of transmission. Accordingly, by accepting these TOS, you acknowledge that use of the Services may result in interstate or international data transmissions.
10. Submission of Ideas to the Lottery
Any unsolicited idea submissions you make will be handled in accordance with the Lottery’s Submissions Policy (PDF).
You agree to indemnify and hold the Lottery and its affiliates, agents, employees, partners and licensors harmless from any and all claims or demands, including reasonable court costs and attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS or your violation of any rights of any third party.
12. No Commercial Reuse of the Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any personal or commercial purposes any portion, use of or access to the Services (including any Content, advertisements or Software).
13. General Practices Regarding Use and Storage
You acknowledge that the Lottery may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded Content will be retained by the Services, and the maximum number of times and duration for which you may access the Services in a given period of time. You agree that the Lottery has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that the Lottery reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Lottery reserves the right to modify these general practices and limitations from time to time.
14. Modifications to the Services
At all times the Lottery reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Lottery shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services (or any part thereof).
You may terminate your Lottery account or your access to the Services (or any part thereof) by submitting such termination request to the Lottery.
You agree that the Lottery may, without prior notice, immediately terminate, limit your access to or suspend your Lottery account or access to the Services (or any part thereof) with or without cause. Factors considered when terminating, limiting access or suspending may include, without limitation:
- Breaches or violations of the TOS or other incorporated agreements or guidelines.
- Requests by law enforcement or other government agencies.
- Discontinuance or material modification to the Services (or any part thereof).
- Unexpected technical or security issues or problems.
- Extended periods of inactivity.
- Engagement by you in fraudulent or illegal activities.
- Any misconduct as stated in Section 8 above.
Further, you agree that all terminations, limitations of access and suspensions shall be at the sole discretion of the Lottery, and the Lottery shall not be liable to you or any third party for any termination of your account or access to the Services (or any part thereof).
16. The Lottery’s Proprietary Rights
You acknowledge and agree that the Services and any software, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Services (“Software”) are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained on the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly permitted by law or authorized by the terms of an applicable license, you may not copy, sell, modify, distribute, display, perform, create a derivative work of or reverse engineer any element of the Software or the Services. You agree not to access the Services by any means other than by using the unmodified Software provided to you by the Lottery.
The Lottery reserves all rights to the Software not granted expressly in these TOS.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LOTTERY AND ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE LOTTERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
- YOUR ABILITY OR INABILITY TO ACCESS OR USE THE SERVICES.
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA.
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
- ANY OTHER MATTER RELATING TO THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LOTTERY TO YOU FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATED TO THE USE OF THE SERVICES, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED TO $100.
18. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to this agreement.
These TOS and use of the Services is governed by and will be construed in accordance with the laws of California and the laws of the United States. The exclusive venue for any matter relating to or arising from use of the Services will be a state or federal court of competent jurisdiction in Sacramento, California. To the extent any portion of these TOS is determined to be unenforceable by such court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these TOS, as modified, will remain in full force and effect. This sets forth the rights and obligations of the users and the Lottery in their entirety relating to the subject matter herein.
Please report any violations of the TOS to Lottery Customer Service.
The Lottery protects its trademarks, which are the property of the Lottery and may not be used without the prior written permission of the Lottery. The Lottery does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without the Lottery’s prior written approval. No license to use the Lottery’s trademarks is granted under these TOS.
SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS-IS.” THE LOTTERY AND ITS AFFILIATES, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE SERVICES, CONTENT OR SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. THE LOTTERY AND ITS AFFILIATES, EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE LOTTERY DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES AND MATERIAL ACCESSIBLE FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES INCLUDE INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. THE LOTTERY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION ON THE SERVICES OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. IN THE EVENT OF A CONFLICT BETWEEN THE OFFICIAL RECORDS OF THE LOTTERY AND INFORMATION ON THE SERVICES, THE WINNING NUMBERS AND PRIZE AMOUNTS IN THE OFFICIAL RECORDS OF THE LOTTERY SHALL CONTROL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OF CONTENT AVAILABLE THROUGH THE SERVICSE WILL CREATE ANY WARRANTY REGARDING THE LOTTERY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
The Lottery may, from time to time, provide links to third-party websites. The Lottery is not responsible for such linked websites or for the content of any linked websites. The Lottery provides these links as an additional resource for its website users and makes no representations regarding the content of any linked website or any companies that own, control or manage the linked websites. Consequently, the Lottery is not responsible for the accuracy, relevance, copyright compliance, legality or decency of material contained in, or programs, services or products offered by, websites linked to from the Services.
24. Emails and Newsletters
The Lottery may provide email and newsletter services to notify interested players about winning lottery numbers and jackpot amounts and other such information. Individuals who represent that they are at least 18 years of age or older may submit a request to receive emails and newsletters by providing their name, email address and other information to the Lottery in the players’ registration area. It is the responsibility of the individuals submitting such requests to verify the accuracy of their email address.
THE LOTTERY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION IN THE EMAIL OR NEWSLETTER AND DISCLAIMS ALL LIABILITY THAT RESULTS FROM THE USE ANY SUCH INFORMATION. THE LOTTERY MAKES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION IN THE EMAIL AND NEWSLETTER IS ACCURATE. HOWEVER, IN THE EVENT OF AN ERROR, THE WINNING NUMBERS AND PRIZE AMOUNTS IN THE OFFICIAL RECORDS OF THE LOTTERY SHALL CONTROL.
25. Security of the Internet and the Lottery’s Website
Please be advised that the security of the internet cannot be guaranteed, and, therefore, your privacy thereon cannot be assured. The Lottery is not responsible for any unauthorized access to communications that you submit over the internet.
26. Additional Terms
Your use of the Services is subject to any and all additional terms, policies, rules or guidelines applicable to the Services or certain features of the Services that the Lottery may post on or link to on the Services (the “Additional Terms”), such as end-user license agreements for any Software that the Lottery may offer, or rules applicable to particular features or content on the Services, subject to your acceptance of such Additional Terms. All such Additional Terms are hereby incorporated by reference into, and made a part of, these TOS.
Effective Date: August 27, 2019