Terms & Conditions
Lottery Current Terms of Service
Last Modified: June 13, 2023
These terms and conditions ("Terms of
Service") govern your use of the Application (as defined below) as
provided by Lottery Current , Inc. ("Lottery Current ," the
"Company," "We" or "Us"). These Terms of Service
are a binding legal agreement between you and Lottery Current . Lottery Current
may change these Terms of Service at any
time without notice to you by posting the revised Terms of Service with the
date they were revised.
When scanning a lottery ticket through Lottery Current
, you are not verifying a lottery ticket directly with any lottery ticket
agency, regulator or entity. We are a
third-party vendor that offers the ability to scan lottery tickets to verify
results. We are separate and apart from
any official lottery agency or commission and as such, any results obtained
from our application must be further confirmed or verified directly with the
lottery agency or commission in your jurisdiction. We are only a service provider acting on your
behalf,
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF
SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. LOTTERY
CURRENT , INC. IS NOT AFFILIATED, OR ENDORSED BY ANY STATE LOTTERY OR
GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR
ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.
1. Defined Terms
For the purpose of these Terms of Service:
- "Application"
and/or "Lottery Current .com" mean all of the services offered
on the Lottery Current application
and websites, including, without limitation, all technology, processes and
materials used to provide such services;
- "Drawing
Entry" means any set of numbers that constitute a single drawing
entry on a Ticket; a Ticket may have multiple Drawing Entries;
- "Lottery
Current ", "we" and "us" means Lottery Current ,
Inc., including its agents, contractors, and any parties involved in
creating, producing, or delivering this Application;
- "Lottery"
means an official lottery game (e.g. Powerball);
- "Non-Winning
Ticket" means any Ticket with prizes equal to $0 after prize values
are announced;
- "Personal
Information" means information about a natural person that is readily
identifiable to that specific individual. Personal Information includes,
among other information, an individual's name, address, telephone number,
date of birth, email, password, and any other information used to identify
you on this Application. But a domain name or Internet protocol address is
not considered Personal Information, as used herein;
- "Play"
means a single game entry;
- "Private
Group Creator" means any User that creates a Private Group;
- "Quick
Pick" means any pseudo or randomly-generated Play;
- "Regulator"
means the organization that regulates the lottery in a given jurisdiction
(e.g. The New Jersey Lottery);
- "Ticket"
means any lottery ticket entered into a Designated Drawing;
- "User"
means any person that opens and maintains an Account on this Application;
- "Winning
Ticket" means any Ticket that wins a prize;
- "You"
and "Your" means each person, group of individuals, entity or
entities who visits this Application for any purpose.
2. User Agreement
By accessing the Application, creating an account via
the Application (an "Account"), or clicking to accept or agree to
these Terms of Service when this option is made available to you, you hereby
(a) acknowledge that you have read and agree to be bound to and abide by these
Terms of Service; (b) represent and warrant that you are eligible to access the
Application and are authorized and able to accept these Terms of Service; and
(c) acknowledge that you have read Lottery Current 's Privacy Policy, available
at https://Lottery
Current .com/privacy, and agree that Lottery Current may collect, process, store, and disclose your
information consistent with such policy. If you do not wish to be bound by
these Terms of Service, you must not access or use the Application. By
declining to accept these Terms of Service, you will be unable to create an Account
or access or use the Application.
We reserve the right to change these Terms of Service
at any time without prior notice to you. If we make what we determine to be
material changes to these Terms of Service, we will notify you by prominently
posting a notice or by sending a notice to the e-mail address on file. It is
your obligation to provide us with notice of any change to your e-mail address
by sending us notice immediately to support@Lottery Current .com.
Your continued use of the Application following such material changes
constitutes your affirmative consent to the changes. If you do not agree to the
changes, your sole remedy is to cease using the Application and provide written
notice of same to support@Lottery
Current .com. We will automatically deactivate your
Account and return any funds remaining in your Account, as detailed in these
Terms of Service, unless you instruct us otherwise. You are expected to check
this page each time you access the Application so you are aware of any changes,
as they are binding on you.
3. Eligibility
In order to create an Account, order Tickets and/or
claim prizes on the Application, you must, at the time of registration:
- be
at least 18 years of age;
- be
physically located in a state in the United States (including the District
of Columbia) and in a "Jurisdiction" in which use of the
Application is unrestricted by law;
- not
be a person barred from using the Application, or a similar lottery
service, or barred from ordering or purchasing lottery tickets under the
laws of any Jurisdiction or the United States;
- at
all times abide by these Terms of Service as set forth herein;
- provide
accurate and complete personal information where requested, and update Lottery
Current if your information changes, including credit card or bank account
information;
- ensure
that the name on your credit cards or bank account(s) matches the name on
each of your ticket orders; and
- comply
with any other applicable laws, regulations, or legal requirements.
If you reside in a Jurisdiction that requires you to
be twenty-one (21) years of age or older to participate in a Lottery, you must
adhere to that Jurisdiction's laws in order to use the Application. If you do
not meet all of these requirements, you must not access or use the Application.
Lottery Current reserves the right to
verify your age and/or identity and eligibility at any time. Any failure to
cooperate with Lottery Current in this
respect may result in the suspension and/or termination of your Account.
Eligibility determinations are made by Lottery Current , in its sole
discretion.
BY ACCESSING OR USING THE APPLICATION, YOU REPRESENT
AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS
AGREEMENT, TO ABIDE BY ALL OF THESE TERMS OF SERVICE, THAT YOU ARE NOT
PROHIBITED OR RESTRICTED FROM ACCESSING OR USING THE APPLICATION, AND THAT YOU
MEET ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH ABOVE. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO
ACCESS OR USE THE APPLICATION AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION,
WITH LOTTERY CURRENT SHALL HAVE
AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. LOTTERY CURRENT DOES NOT INTEND FOR THE APPLICATION TO BE USED
BY PERSONS PRESENT IN JURISDICTIONS IN WHICH PARTICIPATION IS PROHIBITED OR
RESTRICTED. YOU AGREE THAT THE AVAILABILITY OF THE APPLICATION DOES NOT
CONSTITUTE AN OFFER, SOLICITATION OR INVITATION BY LOTTERY CURRENT FOR THE USE OF THE APPLICATION IN ANY
JURISDICTION IN WHICH SUCH ACTIVITIES ARE PROHIBITED OR RESTRICTED. LOTTERY
CURRENT RESERVES THE RIGHT TO DENY
ACCESS TO THE APPLICATION TO ANYONE AT ITS SOLE DISCRETION.
4. User Accounts
- Registration
for an Account. To register for an Account,
download the Application and complete the online registration process. You
will be required to submit personal information including your phone
number and email address. You will then be prompted to verify your phone
number via SMS code. By accepting these Terms of Service, you agree to
receive SMS messages at the mobile telephone number you provide to Lottery
Current . Please note that at registration and while you maintain an
Account, we will ask you to verify your phone number by SMS text or by our
agents calling you at the number you provided. You consent to these calls
by accepting these Terms of Service. If you do not respond to our
requested communication or we cannot reach you via the phone number you
have provided (for instance in the event your mobile phone company has
suspended your account), then we may suspend your Account until we are
able to reach you via the number you provided at registration. If you need
to update your phone number, please log-in through your Account and update
your mobile number, which you will also be required to verify via SMS text
message communications or a phone call.
- Age
Verification. Before you can place an order,
your age must be verified. You will be required to provide the details
requested including but not limited to your name, date of birth, zip code,
and address. You may also be asked to provide a picture of a government ID
or scan the barcode on a government ID. Lottery Current accepts current (non-expired) state
driver's licenses or state or military identification cards. By creating
an Account and providing your contact information and cell phone number on
this Application, you agree to provide accurate and current information
about yourself, and to maintain and promptly update your profile
information in the event it changes (such as your address or e-mail
address) after Account creation. You may modify your profile information
by logging into your Account and making such changes. For further
assistance, please contact customer service at support@Lottery
Current .com. Any information collected by the
Company will be held subject to its Privacy Policy, available at https://Lottery
Current .com/privacy and
"just-in-time" notices, if any, provided at the point of
information collection or use. By creating an Account on this Application,
you also agree to allow Lottery Current to contact you via mail, email,
autodialed calls or texts or through any other means necessary to verify
and update your profile and order information, or collect additional
information related to your Account.
- Marketing. You
acknowledge and agree that Lottery Current may send you emails containing
information about lottery products, such as games and promotions, as well
as notifications pertaining to your Account activity. You may opt-out of
promotional emails by following the opt-out instructions in the emails.
However, we will still contact you regarding administrative matters concerning
your Account. If you provide any information that is inaccurate or not
current, or Lottery Current has
reasonable grounds to suspect that such information is inaccurate or not
current, or you cannot be reached for any reason, Lottery Current reserves the right to suspend or cancel
your Account, withhold your Account balance, revoke your right to any
Tickets or corresponding prizes, and refuse any and all current or future
use of the Application (or any portion thereof).
- Security
of Your Account. Access to, and use of your
Account is strictly limited to you as the registered User of your Account.
You are required to immediately notify Lottery Current at support@Lottery
Current .com if you discover fraudulent or
unauthorized orders, funds transfers or suspect that someone else is using
your account login credentials without your permission.
- One
(1) Account/No Transfer of an Account. Only
one (1) Account is allowed per person. You are strictly prohibited from
opening or operating a shared account, and Lottery Current may suspend or terminate your use of the
Application if in our sole discretion, we deem you to be sharing an
Account, or providing false Account information. In the event Lottery
Current determines that you have
registered more than one (1) Account, you acknowledge and agree that, in
addition to any other rights Lottery Current may have, Lottery Current has the right to suspend or terminate
your Account immediately, withhold your Account balance, revoke your right
to any Tickets or corresponding prizes, and refuse any and all current or
future use of the Application (or any portion thereof). If you need to
update the name on an Account (such as a name change due to marriage),
please contact us at support@Lottery
Current .com. Please note that you will be asked
to provide verifying information and that all documentation must be
complete and accurate.
- Your
Account is not transferable. You may not
transfer or share your account with any other party. Each individual must
open its own Account. The name on any Ticket order must match the name on
your Account. In the event of any dispute, the Account holder (i.e. the
person or entity who opened the Account and provided payment information)
is deemed the holder of the Ticket. Under no circumstances shall you allow
or permit any other person or third party, including, without limitation,
any person under the age of eighteen (18) (or twenty-one (21) where
required in the applicable Jurisdiction) or who are barred from ordering
or purchasing Tickets under the laws of the applicable Jurisdiction or, to
use the Application or to use or re-use your Account, including but not
limited to, in such a way that may breach the standards or laws in any
Jurisdiction where you are located and/or are a resident, or where such
other person is located and/or is a resident. You accept full
responsibility for any unauthorized use of the Application or of your
Account and for any use of your payment instrument by any other person or
third party in connection with your Account. Any person found to have
violated this section may be reported to the relevant authorities and Lottery
Current has the right to suspend or
terminate your Account immediately, withhold your Account balance, revoke
your right to any Tickets or corresponding prizes, and refuse any and all
current or future use of the Application (or any portion thereof). Lottery
Current will not be liable for any
loss that you may incur as a result of someone else using your Account.
- Equipment
Obligation to Use Application. You must
provide all equipment and software necessary to download and use the
Application, including, but not limited to, a mobile device that is
suitable to connect with and use the Application. You are responsible for
any fees, including, but not limited to, Internet connection or data usage
fees, including, without limitation, SMS/MMS text usage fees, that you
incur when accessing the Application.
- Account
Termination. Your Account may be suspended
or terminated and prize funds may be returned to the regulator of the
state Lottery (hereinafter the "Regulator"), if applicable, for:
- Fraud
or suspected fraud of any type;
- Violation
or suspected violation of these Terms of Service, our Privacy Policy, or
any applicable regulations, state or federal laws; or
- Any
other reason as set forth in the Terms of Service, including as the Terms
of Service may be amended from time to time.
Avoid Lottery Scams
This is a warning to all consumers about scammers who
are sending false announcements regarding lottery prizes.
As part of the scam, an individual is contacted by
phone, email, text message, or a letter from a scammer who is claiming that the
recipient has won a prize with a state lottery. Unless you hear from Lottery
Current directly, this is a fraudulent
claim and there is no such prize. Federal law prohibits the sale or mailing of
lottery tickets across state lines. You may only order lottery tickets or set
up a subscription in the state you are physically located. Never respond to
these communications and never provide information or send money to a scammer.
Warning Signs
-
- Although
Lottery Current has your contact
information and knows that you have won, the New Jersey Lottery does NOT
know who the winners are until they come forward with a winning ticket.
The New Jersey Lottery does not notify you, you will be notifying the New
Jersey Lottery.
- Neither
Lottery Current nor the New Jersey
Lottery ever requires the payment of any money in order to claim a prize.
- No
one should ever send any money to pay any ‘processing fee’ or any other
requested fee in order to claim a prize. (see FAQ What
happens if I win?)
- Never
deposit any check sent to you that is accompanied by a request that you
send or wire money to cover processing or claiming fees. The check that
you’ve received is fraudulent and will bounce.
- Never
provide any personal or financial information to a scammer, especially
Social Security numbers, bank account numbers, and credit card numbers.
Report the Scam
Report any attempted scam to the Federal Trade
Commission at 1-877-FTC-HELP or at the FTC Consumer Information
website.
For customers within New Jersey, contact the New
Jersey Lottery's Security Unit immediately at (609) 599-6100. The Security Unit
takes these "lottery scams" very seriously, and looks into each
particular "scam" in great detail. Please submit the “scam” material
you have received, along with as many details as possible (i.e. instructions,
your contact information, etc.). You can forward this information to the
Security Unit by email (publicinfo@lottery.state.nj.us),
by fax (609) 599-5814, ATTN: Security Unit, or via regular mail to New Jersey
Lottery; Security Unit; P.O. Box 041; Trenton, NJ 08625-0041.
l. Exclusions/Self-Exclusions. No Arrangements
for Prohibited Persons/Excluded Persons. You acknowledge that Lottery Current
is a United States company. As such, Lottery Current:
-
- Lottery
Current reserves the right to prohibit certain "prohibited
persons" that are government officials from using the app.
- Lottery
Current reserves the right to prohibit any "excluded persons"
that are listed on an applicable "exclusion list" from using
the app.
- Persons
who have executed and submitted to Lottery Current an appropriate request for voluntary
self-exclusion from using the Application, or purchasing or ordering
Tickets or other services, in accordance with a state's voluntary
self-exclusion program or Lottery Current 's voluntary self-exclusion
thereunder ("Voluntary Self-Exclusion") may not use the
Application. Lottery Current is
not liable for any access by or services provided to a self-excluded
person's accessing the Application or creating an Account.
- As
set forth and unless otherwise indicated in these Terms of Service, other
persons are excluded from using the Application or creating an Account.
Those persons include:
- Those
under the age of 18 (or 21 where required in the applicable
Jurisdiction);
- Lottery
Current employees, officers and directors.
- Those
who are not located in a Jurisdiction where Lottery Current can legally
order Tickets.
- Those
who do not meet the eligibility and verification requirements, including
identification requirements.
- Those
excluded by the applicable Regulator.
- Lottery
Current, in its sole discretion, may exclude any person or entity from
using its Application or opening an Account.
m. Other Parties. As set forth and unless otherwise
indicated in these Terms of Service, other persons are excluded from using the
Application or creating an Account. Those persons include those under the age
of 18 (or 21 where required in the applicable Jurisdiction); employees,
officers, and directors of Lottery Current and any of its or their parent companies,
subsidiaries, affiliates as well as direct technology vendors, content
providers, component suppliers (both hardware and software) directly related to
the Application, and each of their respective immediate family (defined as
parents, spouse, partner, and children) residing in the same household (but as
noted above, such persons may, however, access the Application, and will from
time-to-time do so for the purpose of testing the Application, including,
without limitation, evaluating User experience, and other reasonable and fair
uses at the sole discretion of Lottery Current ); those who are not located in
a Jurisdiction where Lottery Current can
legally order Tickets or digital currency services on a User's behalf; those
who do not meet the eligibility and verification requirements, including
identification requirements; and those excluded by the applicable Regulator. Lottery
Current may exclude any person or entity
from using its Application or opening an Account in its sole discretion.
5. Limited License to the Lottery Current Application
1. License Grant. The Application and its contents,
features and functionality, including but not limited to, all information,
products, services, text, displays, graphics, video, audio and software as well
as the design, selection and arrangement thereof (collectively,
"Content"), are owned by the Company, its licensors or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws. Subject to these Terms of Service, the Company grants
you a limited, non-exclusive and nontransferable license to (i) download,
install and use the Lottery Current Application for your personal, non-commercial
use on a mobile device owned or otherwise controlled by you ("Mobile
Device") strictly in accordance with these Terms of Service and (ii)
access and use the services made available in or otherwise accessible through
the Lottery Current Application strictly
in accordance with these Terms of Service.
2. License Restrictions. You acknowledge and agree
that you shall not:
1. Copy the Application, except as expressly permitted
by this license;
2. Modify, translate, adapt or otherwise create
derivative works or improvements, whether or not patentable, of the Application
or any of the Content on the Application;
3. Reverse engineer, disassemble, decompile, decode or
otherwise attempt to derive or gain access to the source code of the
Application or any part thereof;
4. Remove, delete, alter or obscure any trademarks or
any copyright, trademark, patent or other intellectual property or proprietary
rights notices from the Application or Content, including any copy thereof;
5. Rent, lease, lend, sell, sublicense, assign,
distribute, publish, transfer or otherwise make available the Application or
any features or functionality of the Application, to any third party for any
reason, including by making the Application available on a network where it is
capable of being accessed by more than one (1) Mobile Device at any time;
6. Remove, disable, circumvent or otherwise create or
implement any workaround to any copy protection, rights management or security features
in or protecting the Application or the Content thereon;
7. Use the Application or the Content in a manner
prohibited by applicable laws or regulations, including, without limitation, in
connection with any form of unlawful gambling; and
8. Use the Application or Content in violation of
these Terms of Service or applicable law.
Any such conduct may result in the immediate
termination of your Account as well as your limited right and license to use
the Application, and may subject you to liability for violations of law.
3. Reservation of Rights. You further acknowledge and
agree that the Application is provided under license, and not sold, to you. You
do not acquire any ownership interest in the Application under these Terms of
Service, or any other rights thereto other than to use the Application in
accordance with the license granted, and subject to all terms, conditions and
restrictions under these Terms of Service. The Company and its licensors and
service providers reserve and shall retain their entire right, title and
interest in and to the Application, including all copyrights, trademarks and
other intellectual property rights therein or relating thereto, except as
expressly granted to you in these Terms of Service.
4. From time to time, the Company may in its sole
discretion develop and provide Application updates, which may include upgrades,
bug fixes, patches and other error corrections and/or new features
(collectively, including related documentation, "Updates"). Updates
may also modify or delete in their entirety certain features and functionality.
You agree that the Company has no obligation to provide any Updates or to
continue to provide or enable any particular features or functionality. Based
on your Mobile Device settings, when your Mobile Device is connected to the
Internet either (i) the Application will automatically download and install all
available Updates or (ii) you may receive notice of or be prompted to download
and install available Updates. You acknowledge and agree that the Application
or portions thereof may not properly operate should you fail to promptly
download and install all Updates. You further agree that all Updates will be
deemed part of the Application and be subject to these Terms of Service.
5. Mobile Device and Service Charges. Certain features
of the Application require communication with the Company's servers, including,
without limitation, Application downloads and Updates, which may consume and
exceed your service provider's data or minute allowance limits. You acknowledge
and agree that you are solely responsible for any charges incurred with your
data/mobile service provider as a result of the Application, including any
overage and penalties assessed for exceeding the limits imposed by your service
provider. You are responsible for the cost of your Mobile Device and to ensure
that your Mobile Device meets the system requirements of the Application,
including obtaining periodic updates or upgrades from your Mobile Device
service provider to continue using the Application. THE COMPANY DOES
NOT WARRANT OR GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE OR FUNCTION
WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY
LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS THE APPLICATION.
6. Term and Termination. The term of your limited
license to the Application commences when you download the Application and
accept these Terms of Service and will continue in effect until the earlier of
(i) your deletion of the Application from your Mobile Device or (ii) the
Company's suspension or termination of your limited license to the Application
and/or termination of your Account. Upon termination (i) all rights granted to
you under these Terms of Service will also terminate and (ii) you must cease
all use and delete all copies of the Application from your Mobile Device.
Termination of your limited license will not limit any of the Company's rights
or remedies at law or in equity.
6. Intellectual Property Rights
- Copyright
Information and Non-Commercial Use Limitation. The Application and its
Content are owned by the Company, its licensors or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or
proprietary rights laws.
- The
Company name, the Company logo and all related names, logos, product and
service names, designs and slogans are trademarks of the Company or its
affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service
names, designs and slogans are the trademarks of their respective owners.
7. Use Prohibitions
You agree to access and use this Application only for
lawful reasons. You are responsible for knowing and complying with any and all
laws, statutes, rules and regulations pertaining to your use of this
Application. You are prohibited from using this Application in a way that:
- Is
threatening, violent, abusive, hateful, defamatory, slanderous, libelous,
deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or
that Lottery Current deems in its
sole discretion to be inappropriate for this Application or that seeks to
interfere with other User's use or enjoyment of the Application;
- Violates
any law, regulation, or court order;
- Accesses,
collects or stores Personal Information about others;
- Violates
or infringes upon the rights of anyone else, including, for example,
another person's Right to privacy;
- Impersonates
any person, business, entity, or IP address (e.g., IP spoofing);
- Involves
uploading, posting, emailing, transmitting or otherwise making available
any materials that you do not have a right to make available under any
law;
- Is
commercial in nature, including, without limitation and for example,
advertising, promotional or marketing materials, or spam, phishing or
other unsolicited messages, or for your own research and/or development;
- Gains
or tries to gain unauthorized access to this Application, its computers
and networks, or its User data, or that otherwise modifies or interferes
with the use or operation of this Application;
- Imposes
an unreasonable or disproportionately large load on Lottery Current 's
infrastructure, including but not limited to automating scripts for
Account creation, transmitting spam or using unsolicited mass emailing
techniques;
- Alters,
damages, or deletes any content posted on this Application;
- Contains
or introduces computer viruses or other disruptive, damaging or harmful
files or programs;
- Otherwise
violates these Terms of Service or any other guidelines or policies posted
on this Application, including the Privacy Policy, which are incorporated
by this reference into these Terms of Service; or
- Uses
the referral system to refer fake people or people that have otherwise not
consented to or that are otherwise not aware of such referral.
Lottery Current will cooperate fully with any law
enforcement officials and/or governmental agencies if requested or required in
the investigation of any Users who violate these Terms of Service and may
disclose your information to such law enforcement officials and/or agencies if
required by law.
8. Comments and Other User Submissions/Use
of Information
While Lottery Current does not claim ownership of any comments or
suggestions that you may submit to Lottery Current , by submitting a comment or
suggestion or any other material to this Application, you hereby authorize and
grant Lottery Current the non-exclusive
right and license to use, display, reproduce, modify and distribute the
comment, suggestion or material in whole or in part, anywhere in perpetuity in
any and all media outlets, whether alone or together, or as part of any
material of any kind or nature. Without limiting any of the foregoing, Lottery
Current will have the non-exclusive
right and license to use, copy, edit, display, perform, distribute, modify and
re-format the comment, suggestion or material in any manner that Lottery Current
may determine. You waive any claims to
compensation for any such right or license. By submitting a comment, suggestion
or material, you represent and warrant to Lottery Current that you have all necessary rights in and to
all comments, suggestions or materials you provide and all information they
contain, and that such comments, suggestions or materials do not infringe upon
any proprietary or other rights of third parties or contain any libelous,
tortious, or otherwise unlawful information.
You should note that by using the Application, you
grant Lottery Current the non-exclusive
right and license to use your full name and details of the game(s) you won
(including the winner amount and any reason you have stated to Lottery Current for why you chose your numbers) in the event Lottery
Current chooses to publish (through the
Application or otherwise) this information concerning your win(s) for
promotional or other purposes. For instance, we may publish "Jack won $100
in Minnesota. Jack picked his numbers based upon family birthdates. Congrats
Jack!" Further, Lottery Current may
use your image, your full name, and details of the game(s) you played or won to
promote Lottery Current on social media
and in other media, on the Application or in any other medium, on the Internet
or otherwise. Your use of the Application constitutes permission (except where
prohibited by law) to use your name, city, state, likeness, image, comments
and/or voice for purposes of advertising, promotion, and publicity in any and all
media now or hereafter known, throughout the world in perpetuity, without
additional compensation, notification, permission, or approval, except as
required by applicable law.
9. Disclaimers and Limitations of
Liability
1. Disclaimer of Liability. Lottery Current is not liable for any direct, indirect,
incidental, consequential, or punitive damages (including, without limitation,
those resulting from lost profits, lost data, or business interruption) arising
out of your access to, use of, or inability to use, this Application or any
material from this Application, including but not limited to damages caused by
any failure of performance, interruption (including those disruptions described
in Section 20 below), error, omission, deletion, defect, delay in operation or
transmission, computer virus, security, communication line failure, theft,
destruction or unauthorized access to, alteration of, or use of record, whether
for breach of contract, tortious behavior, negligence or under any other cause
of action.
2. Disclaimer of Warranty. Without limiting the
foregoing, this Application and the material provided on this Application are
provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY CLAIMS FOR DAMAGES
WILL BE LIMITED TO THE PRICE OF EACH INTERNET TICKET ORDER VIA THIS APPLICATION
OR THE VALUE OF A SINGLE INTERNET TICKET PLAYED AS PART OF A SUBSCRIPTION
AUTOPLAY TICKET ORDERED VIA THIS APPLICATION.
3. Disclaimer of Accuracy of Data. Lottery Current makes
no warranties or representations as to the accuracy, completeness or timeliness
of the materials, or content provided on this Application and assumes no
liability or responsibility for any errors or omissions on this Application. No
warranty, expressed or implied, is made regarding accuracy, adequacy,
completeness, legality, reliability or usefulness of any materials or content.
This disclaimer applies to both isolated and aggregate uses of the materials or
content. If you find any errors or omissions, we encourage you to report them
to support@Lottery
Current .com. Lottery Current makes every effort
possible to ensure that the winning numbers and prize amounts posted on this
Application and highlighted on individual Tickets are accurate and available
within a reasonable amount of time after winning numbers are drawn for each
lottery drawing. However, in the event of an error, the winning numbers and
prize amounts in the official records of the Regulator will stand as the final
determination of prize monies owed to an Account.
By using this Application you hereby waive
any claim against Lottery Current for, or in connection with, the receipt of
erroneous information. Lottery Current takes numerous steps to ensure that the
Plays requested on Ticket orders exactly match the Plays included on the
tickets Lottery Current physically
purchases from licensed state lottery retailers on your behalf. However, in the
event of an error, the Plays included on the physical ticket purchased in
relation to your Ticket order will stand as the final determination of prize
monies owed to your Account. By using this Application you acknowledge that in
the event of an error (caused by any means, including Lottery Current 's
error), Lottery Current is only liable
for the purchase price of the Ticket.
4. Disclaimer of Endorsement. Lottery Current may from time to time distribute content
supplied by third parties. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers, Users, or others, are those of the respective author(s)
or distributor(s) and do not necessarily state or reflect the opinion of Lottery
Current and shall not be used for
advertising or product endorsement purposes. Reference herein to any specific
commercial products, process, or service by trade name, trademark,
manufacturer, or otherwise, does not constitute or imply its endorsement,
recommendation, or favoring by Lottery Current .
10. Dispute Resolution and Indemnity
- Time
Limit for Bringing Claims. YOU AGREE THAT
REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE APPLICATON OR ANY
OF THE SERVICES PROVIDED BY LOTTERY CURRENT OR THROUGH THE APPLICATION MUST BE
SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE
FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON
THE DATE OF THE ALLEGED EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION,
UNLESS OTHERWISE PROVIDED UNDER APPLICABLE LAW.
- Resolving
Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT.
- Let's
Try to Work Things Out. We want to address your concerns without
litigation. Before filing a claim against Lottery Current , you agree to
try to resolve the dispute informally by contacting support@Lottery Current
.com. We'll try to resolve the dispute informally by
contacting you via email. If a dispute is not resolved within 45 days of
submission, you or Lottery Current may bring a formal arbitration proceeding
as described below.
- We
Both Agree to Arbitrate. You and Lottery Current agree to resolve through
final and binding arbitration any claims relating to these Terms of
Service, the Application, and any Tickets, prizes or other services
offered on or through the Application, except as set forth under
Exceptions to Agreement to Arbitrate below. The arbitration shall be held
in the state in which you reside. For residents outside the United States,
arbitration shall be initiated in New York, New York, and you and Lottery
Current agree to submit to the
personal jurisdiction of any or state or federal court in New York, New
York to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate or enter judgment on the aware entered by the
arbitrator.
- Opt-out
of Agreement to Arbitrate. You can decline this agreement to arbitrate by
sending a letter to Lottery Current that must be postmarked within 30 days
of your first acceptance of these Terms of Service. The letter must
specify your first and last names, Account ID, mailing address, and
explain that you are opting out of this arbitration provision. The letter
should be sent to Lottery Current Inc., Attn: Legal Department,145 West
45th St, Floor 12, New York, NY 10036.
- Arbitration
Procedures. The arbitration shall be conducted by a single arbitrator,
governed by the rules of JAMS that are in effect at the time the
arbitration is initiated available at jamsadr.com or by calling JAMS at
1-800-352-5276 (referred to as the "JAMS Rules") and under the rules
set forth in these Terms of Service. We may also mutually agree to have
the arbitration conducted by telephone or based on written submissions.
- Arbitration
and Attorney's Fees. Lottery Current will not pay arbitration fees for
claims. You are responsible for all costs that you may incur in the
arbitration including, but not limited to attorney's fees and expert
witness costs unless Lottery Current is otherwise specifically required to pay
such fees under applicable law. JAMS Rules will govern payment of filing
fees and arbitration fees. The decision of the arbitrator will be in
writing and binding and conclusive on Lottery Current and you, and judgment
to enforce the decision may be entered by any court of competent
jurisdiction. Lottery Current and you agree that dispositive motions,
including without limitation, motions to dismiss and motions for summary
judgment, will be allowed in the arbitration. The arbitrator must follow
these Terms of Service and can award the same damages and relief as a
court, including injunctive or other equitable relief and attorneys' fees.
Notwithstanding the foregoing, Lottery Current and you agree not to seek
any attorneys' fees and expert witness costs unless the arbitrator finds
that a claim or defense was frivolous or asserted for an improper purpose.
Lottery Current and you understand that, absent this mandatory arbitration
provision, Lottery Current and you would have the right to sue in court
and have a jury trial. Lottery Current and you further understand that, in
some instances, the costs of arbitration could exceed the costs of
litigation and the right to discovery may be more limited in arbitration
than in court. If Lottery Current is the prevailing party in the
arbitration, applicable law may allow the arbitrator to award attorneys'
fees and costs to Lottery Current .
- Severability;
Waiver of Jury Trial. If any clause within these arbitration provisions is
found to be illegal or unenforceable, that specific clause will be severed
from these arbitration provisions, and the remainder of the arbitration
provisions will be given full force and effect. In the event some or all
of these arbitration provisions are determined to be unenforceable for any
reason, or if a claim, dispute or controversy is brought that is found by
a court to be excluded from the scope of these arbitration provisions, Lottery
Current and you agree to waive, to the fullest extent allowed by law, any
trial by jury. The terms of these arbitration provisions will also apply
to any claims asserted by you against any present or future parent or
affiliated company of Lottery Current to the extent that any such claims
arise out of your access to, and/or use of the Application, and/or the
provision of services and/or technology on or through the Application.
- Exceptions
to Agreement to Arbitrate. Either you or Lottery Current may assert
claims, if they qualify, in small claims court in New York, New York, provided
the informal dispute resolution described above was unsuccessful. Either
party may bring a lawsuit solely for injunctive relief to stop
unauthorized use or abuse of the Services, or intellectual property
infringement (for example, trademark, trade secret, copyright, or patent
rights) without first engaging in arbitration or the informal
dispute-resolution process described above.
- No
Class Actions. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- You
may only resolve disputes with us on an individual basis and may not bring
a claim as a plaintiff or a class member in a class, consolidated, or
representative action. You agree that class arbitrations, class actions,
private attorney general actions, and consolidation with other
arbitrations are not allowed.
- BY
AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO
TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A
CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LOTTERY
CURRENT AND ANY RELEASED PARTIES IN
AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE
TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE
TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION
IN ANY WAY.
- Judicial
forum for disputes. In the event that the agreement to arbitrate is found
not to apply to you or your claim, you and Lottery Current agree that any
judicial proceeding (other than small claims actions) will be brought in
the federal or state courts of New York, New York. Both you and Lottery Current
consent to venue and personal jurisdiction there.
- Choice
of Law. You agree that the arbitration provision is made pursuant to a
transaction involving interstate commerce and shall be governed by the
Federal Arbitration Act ("FAA"), and not by any state law
concerning arbitration. You otherwise agree that the law of the state of
New York governs these Terms of Service and any claim or dispute that you
may have against us, without regard to New York's conflict of laws rules,
and that the United Nations Convention on Contracts for the International
Sale of Goods shall have no applicability.
- Indemnification.
You agree to defend, indemnify and hold harmless Lottery Current from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation
of these Terms of Service or your use of the Application, including, but not
limited to, any use of the Application's Content and products other than
as expressly authorized in these Terms of Service or your use of any
information obtained from the Application. If you are obligated to provide
indemnification hereunder, the Company may, in its sole and absolute
discretion, control the disposition of any claim at your sole cost and
expense. Without limitation of the foregoing, you will not settle,
compromise or in any other manner dispose of any claim without the
Company's written consent. If you are obligated to provide indemnification
hereunder, the Company may withhold any payment it is otherwise required
to make to you to offset your indemnity obligations.
11. General Terms
- Internet
Privacy and Security. Due to the design of the Internet, Lottery Current cannot guarantee that communications
between you and Lottery Current will be free from unauthorized access by
third parties or will be secure. By agreeing to these Terms of Service,
you expressly agree that your use of this Application is at your sole
risk, and you agree that Lottery Current shall not be liable if a security
breach occurs, or if this Application malfunctions, except as required by
law.
- Tax
Obligation. You acknowledge that you are responsible to report your income
and pay any taxes due to the appropriate federal, state and local
authorities in the United States of America and in the country you reside.
You further acknowledge that an applicable Lottery organization may retain
a portion of your winnings and forward it to the appropriate taxing
authority on your behalf.
- Electronic
Signatures. The Electronic Signatures in Global and National Commerce Act,
15 USC 7001-7031 requires that you consent to entering into an electronic
agreement with the Company before the agreement is executed and becomes
effective. Should you enter into an online user agreement with the
Company, you will not be required to submit a paper application/agreement.
The entire agreement between you and the Company will be evidenced by an
electronic record. You must agree to the use of an electronic record and
agree to read and understand these Terms of Service. After creating an
Account and becoming a registered User of the Application, you have the
right to withdraw your consent to the use of an electronic record.
However, should you do so, your Account with the Company will
automatically be terminated and you will lose all rights to all
remuneration on any subsequent winnings. Should you wish to withdraw your
consent to the exclusive use of an electronic agreement, you must do so by
cancelling your Account and sending an e-mail to support@Lottery
Current .com. Your request must include your
name, your mailing address, and e-mail address.
- Reliance
on Information Posted and Third Party Links. The information presented on
or through the Application is made available solely for general
information purposes. The Company does not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. The Company disclaims all
liability and responsibility arising from any reliance placed on such
materials by you or any other user of the Application, or by anyone who
may be informed of any of its contents. This Application may contain links
to third party applications. These links are provided solely as a
convenience to you. If you click on any of these links, you will leave
this Application. Lottery Current does not control, and is not responsible
for, any third party applications or their content. Therefore, Lottery
Current does not endorse or make
any representations about third party applications, or any information,
products, or materials found there. If you access any of the third party
applications linked to this Application, you do so entirely at your own
risk.
- Waiver
and Severability. No waiver of by the Company of any term or condition set
forth in these Terms of Service shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision
under these Terms of Service shall not constitute a waiver of such right
or provision. If any provision of these Terms of Service is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the
Terms of Service will continue in full force and effect.
- The
Company may assign its rights and obligations under this Agreement, in
whole or in part, to any person or entity at any time without notice to
you and without your consent. Upon such assignment, the Company may be
relieved of any further obligation hereunder. You may not assign or
delegate any rights or obligations under these Terms of Service without
the Company's prior written consent, and any unauthorized assignment and
delegation by you is void and ineffective.
- Relationship
of Parties. You acknowledge and agree that no joint venture, partnership,
or employment relationship exists between you and the Company as a result
of these Terms of Service or your use of the Application. You agree not to
hold yourself out as representative, agent, operator, distributor, or
employee of the Company and the Company shall not be liable for any of
your representations, acts, or omissions. You also acknowledge and agree
that, except as otherwise expressly provided in these Terms of Service,
there shall be no third-party beneficiaries.
12. Potential Disruption of the
Application
Access to this Application may from time to time be
unavailable, delayed, limited or slowed due to, but not limited to, the
following:
- Scheduled
daily maintenance;
- Emergency
(unscheduled) maintenance;
- Hardware
failure, including but not limited to, failures of computers (including
your own computer), servers, networks, connections, and other electronic
and mechanical equipment;
- Software
failure, including but not limited to, bugs, errors, viruses,
configuration problems, incompatibility of systems, utilities or
applications, the operation of firewalls or screening programs, unreadable
codes, or irregularities within particular documents or other content;
- Overload
of system capacities;
- Unforeseen
circumstances or causes outside its reasonable control, including, without
limitation, extreme weather and other acts of God, natural catastrophes,
pandemics, governmental actions, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents, network
infrastructure failures, computer viruses, strikes, or shortages of
transportation facilities, transportation stoppages or slowdowns, and
stoppage or slowdown of power supplies or other utility or service
(including the Internet or other networks) (each, a "Force Majeure
Event"); and
- Other
similar disruptions. Lottery Current may discontinue, suspend or Update
the Application at any time without notice. Lottery Current shall not be
liable for any failure to perform or disruption of the Application due to
such discontinuance, suspension or Update.
13. Entire Agreement
These Terms of Service, our Privacy Policy, the Prize
Sharing Agreement, and any applicable Limited Power of Attorney constitute the
sole and entire agreement between you and the Company with respect to the Application
and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Application. Nothing in the Terms of Service, express or implied, shall be
deemed to confer any rights or remedies upon, nor obligate any of the parties
hereto, to any person or entity other than such parties, unless so stated to
the contrary.
© 2023 Lottery Current, Inc.
