WEBSITE USAGE AGREEMENT
This Website Usage Agreement (this
"Agreement") sets forth the terms and conditions that apply to your use of the
lottery.com web site (the "Site"), which is provided by the Lottery Channel,
Inc. (the "Service Provider"), including, but not limited to, your participation
in the games and contests on the Site. BY USING THE SITE YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. If you do not agree
to the terms and conditions of this Agreement you should immediately discontinue your use
of the Site.
- Eligibility. The Sites games and contests are open to only to residents of
the United States who are eighteen (18) years of age or older. Non-U.S. residents are not
eligible to win prizes. No purchase or any other form of consideration is necessary to use
the Site or to participate in any of the Sites games or contests.
- Judges' Decisions. The decisions of the judges of the Service Provider are final
and binding in all respects.
- Taxes. Taxes, if any, are the sole responsibility of the game and contest
winners.
- Applicable Law. The Sites games and contests are subject to all federal,
state and local laws and are void where prohibited.
- Prizes. The Service Provider reserves the right, exercisable in its sole
discretion, to substitute a prize of equal or greater value.
- Game/Contest Winners. Prior to receiving prizes or winnings, game or contest
winners may be required to: (i) submit a valid lottery.com username and password; (ii)
execute an affidavit of eligibility; (iii) affirm their agreement to the terms and
conditions of this Agreement; and (iv) to execute a waiver of liability satisfactory to
the Service Provider. Failure to comply with any such requirement, or any other reasonable
requirement or request of the Service Provider, within ten (10) days of the Service
Provider making such request or advising the game or contest winner of such requirement
may result in the disqualification of the game or contest winner and the awarding of the
prize or winnings to someone else.
- Cancellation. The Service Provider reserves the right, exercisable in its sole
discretion, to discontinue or cancel any lottery.com game or any contest at any time for
any reason whatsoever and without notice.
- Use/Participation. The Service Provider reserves the right, exercisable in its
sole discretion, to prevent any individual or entity from using the Site or participating
in any or all lottery.com games or contests. If the Service Provider elects to exercise
this right, any Lotto Bucks accumulated by the individual or entity whose use or
participation is being prevented shall be forfeited.
- Game/Contest Rules. The games or contests on the Site may or may not have their
own rules. If a game or contest does have its own rules all participants in the game or
contest agree to be bound by those rules in addition to the terms and conditions of this
Agreement.
- Modification/Amendment. The Service Provider reserves the right, exercisable in
its sole discretion, to modify or amend this Agreement at any time and without notice. Any
modification or amendment of this Agreement becomes effective immediately and is binding
upon the users of the Site. The Site may not contain the most current version of this
Agreement. The current version of this Agreement may be obtained by e-mailing a request to
the Webmaster.
- Internet Hyperlinks. The Site may contain hyperlinks and pointers to the internet
sites of third parties ("Third Party Sites"). The Service Provider shall not be
liable or responsible for the content of Third Party Sites or for any damages any
individual or entity may incur as a result of their use of Third Party Sites or their
reliance on the content of Third Party Sites.
- Limitation of Liability. IN NO EVENT SHALL THE SERVICE PROVIDER, ITS
SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED TO ANY INDIVIDUAL OR ENTITYS USE OF THE SITE OR: (I) RELIANCE
UPON THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY THIRD
PARTIES; (II) WITH THE DELAY EXPERIENCED BY ANY INDIVIDUAL OR ENTITY IN USING THE SITE; OR
(III) WITH THE INABILITY OF ANY INDIVIDUAL OR ENTITY TO USE THE SITE, EVEN IF THE SERVICE
PROVIDER WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE,
THE ABOVE LIMITATIONS TO THESE TYPES OF DAMAGES DO NOT APPLY WHEN THE LAW OF SUCH
JURISDICTIONS APPLIES.
- Disclaimer of Warranties. THE SITE AND ALL MATERIAL CONTAINED THEREON ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
LIMITATIONS ON AN IMPLIED WARRANTY. THEREFORE, THE ABOVE LIMITATION ON IMPLIED WARRANTIES
MAY NOT APPLY WHEN THE LAW OF SUCH JURISDICTIONS APPLIES. THE SERVICE PROVIDER MAKES NO
WARRANTY THAT ANY INDIVIDUAL OR ENTITYS USE OF THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT
MAKES THE SITE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE
PROVIDER IS UNAWARE OF ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY ANY THIRD
PARTIES. IF, HOWEVER, A WARRANTY IS MADE BY A THIRD PARTY, EITHER NOW OR IN THE FUTURE,
SUCH WARRANTIES ARE NOT DISCLAIMED BY THIS AGREEMENT.
- Indemnification. Any individual or entity using the Site shall, and by using the
Site does, indemnify and hold the Service Provider, its shareholders, officers, directors,
employees, and agents harmless from any claims, damages, costs and expenses, including
reasonable attorneys fees, arising out or related to that individual or
entitys use of the Site.
- Use of Winner's Name, etc. For promotional purposes, the Service Provider shall
be permitted to use the name, address, likeness and prize information of the winner of any
of the Sites games or contests without limitation or further permission or
compensation.
- Governing Law/Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio. All claims or disputes arising out of or
related to this Agreement shall be brought in the Court of Common Pleas of Hamilton
County, Ohio, or the United States District Court sitting in Cincinnati, Ohio, as
appropriate.
- Entire Agreement. This Agreement constitutes the entire agreement between the
parties with regard to the subject matter involved and supersedes all previous
communications or agreements between the parties, whether written or oral, with respect to
the subject matter involved.
- Severability. If any provision of this Agreement is declared by a court of
competent jurisdiction to be invalid, illegal, or otherwise unenforceable, then that
provision shall be severed from this Agreement and shall not affect the validity,
legality, or enforceability of the remaining provisions.
- Trademarks. lottery.com, Bingo, Keno Express and Lotto Bucks are trademarks or
servicemarks of the Service Provider. All other trademarks appearing on the Site are the
property of their respective owners.
- Questions. All questions regarding the Site or this Agreement should be e-mailed
to the Webmaster.
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