Terms & Conditions
THE LOTTO WINNERS CLUB Terms and Conditions Last update December, 2023 PLEASE READ THE BINDING ARBITRATION CLAUSE IN SECTION 19. IT AFFECTS HOW DISPUTES ARE RESOLVED. These terms and conditions (“Terms of Service”) govern your use of the Application (as defined below) as provided by The Lotto Winners Club (“The Lotto Winners Club” the “Company,” “We” or “Us”). These Terms and Conditions are a binding legal agreement between you and The Lotto Winners Club. The Lotto Winners Club may change these Terms and Conditions at any time without notice to you by posting the revised Terms and Conditions with the date they were revised. When ordering a lottery ticket through, you are placing an order for a lottery ticket and not purchasing a lottery ticket directly. As a service The Lotto Winners Club provider is acting on your behalf, The Lotto Winners Club will fulfill that order through a licensed retailer in the jurisdiction where the order was placed (California only at this time). The Lotto Winners Club is the retailer’s authorized agent for accepting payment from Users (as defined below). IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THE LOTTO WINNERS CLUB IS NOT AFFILIATED, OR ENDORSED BY ANY STATE LOTTERY OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.
1. Defined Terms For the purpose of these Terms and Conditions: “Account Funding” means funding your account via one of the accepted forms of payment for the purposes of ordering a lottery ticket. “Application” and ” The Lotto Winners Club” mean all of the services offered on the The Lotto Winners Club application, including, without limitation, all technology, processes and materials used to provide such services; “Available Funds” means any The Lotto Winners Club Credits in an Account (as defined below) which have not been used to order Tickets through this Application or withdrawn to a bank account;
“Designated Drawing” means the specific Lottery drawing that you are ordering a Ticket to enter using the Application or The Lotto Winners Club;
“Drawing Entry” means any set of numbers that constitute a single drawing entry on a Ticket; a Ticket may have multiple Drawing Entries;
“In-Store Redemption Threshold” is the maximum dollar value for which a winning ticket may be redeemed at a retailer for cash. This varies by state. Check your Regulator’s official website for this value;
“The Lotto Winners Club”, “we” and “us” means The Lotto Winners Club, including its agents, contractors, and any parties involved in creating, producing, or delivering this Application;
“The Lotto Winners Club Credits” means any funds in a User’s Account. The Lotto Winners Club Credits are added when a User wins an amount less than or equal to the In-Store Redemption Threshold of the applicable State Lottery. The Lotto Winners Club Credits may be added to a User’s account by The Lotto Winners Club for promotional or compensation purposes as well;
“Lottery” means an official lottery game (e.g. Powerball, Mega Millions); “Lottery Team ” means any group of Tickets ordered by individual Users for which prizes will be shared; “Non-Winning Ticket” means any Ticket with prizes equal to $0 after prize values are announced; “Non-Withdraw-able Credits” means any The Lotto Winners Club Credits that are not available for withdrawal to a bank account. The Lotto Winners Club Credits that are added as a promotion such as a free lottery ticket will be non-withdraw-able. Non-Withdraw-able Credits may also be given to Users for promotional reasons or for special cases; “Withdraw-able Credits” means any The Lotto Winners Club Credits that are available for withdrawal to a bank account. Any The Lotto Winners Club Credits that are applied to a User’s Account as a result of winning lottery prizes are Withdraw-able Credits; “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; “Play” means a single game entry; “Team Member” means any User that contributes a or orders a Team Ticket to a Lottery Team; “Team Ticket” means any Ticket contributed to a Lottery Team; “Private Group” is a group of one or more players that: (i) is created by a Private Group Creator on the Application or The Lotto Winners Club; and (ii) may only be joined by other Users if the Private Group Creator invites them or otherwise provides them with a mechanism for joining; “Private Group Creator” means any User that creates a Private Group; “Private Lottery Pool” means any lottery pool in which only members of a Private Group may become Pool Members; “Public Lottery Pool” means any Lottery Pool in which any eligible Users of the Application or The Lotto Winners Club may become a Pool Member; “Regulator” means the organization that regulates the lottery in a given jurisdiction (e.g. The California 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; “Winning Team Ticket” means any Pool 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. 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 “Jurisdiction” in which use of the Application is unrestricted by law; not be a person barred from using the Application, or a similar lotto 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 The Lotto Winners Club 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. The Lotto Winners Club reserves the right to verify your age and/or identity and eligibility at any time. Any failure to cooperate with The Lotto Winners Club in this respect may result in the suspension and/or termination of your Account. Eligibility determinations are made by The Lotto Winners Club, 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, and that you are not prohibited or restricted from accessing or using the Application. 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 The Lotto Winners Club shall have authority to make any such representations or warranties. The Lotto Winners Club 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 The Lotto Winners Club for the use of the Application in any jurisdiction in which such activities are prohibited or restricted. The Lotto Winners Club reserves the right to deny access to the Application to anyone at its sole discretion. 3. The Lotto Winners Club Application Services At this time The Lotto Winners Club is running Service as a Private Club (open to public) in order to test website and get things in order. Members cannot specify any order or choose their own numbers at this time. The Lotto Winners Club is only playing PowerBall and or Mega Millions when the cash-out prize reaches $300,000,000 or more and at this time $2 will be subtracted from each player’s account inorder to complete teams to win money. All participating members will complete a profile / attach a credit card to the wallet page and upload $ via the deposit page or use zelle to transfer funds directly to account. As long as the user has available money in account they will play as long as The Lotto Winners Club can complete a full Team. Each player will receive an email with the full Teams Lottery numbers as a receipt prior to the game being played. Then another email after letting them know they won. While in the testing phase of the website NO MEMBERSHIP FEES WILL BE Due. Upon registering with The Lotto Winners Club, you will (eventually) be able to utilize the Application to order official Tickets over the internet; sign-up for and order a subscription plan (“Autoplay”); log into your Account; view past Tickets and upcoming Tickets; manage your Account; and access other information related to the official state Lotteries. 4. User Agreement By accessing the Application, creating an account via the Application (an “Account”), or clicking to accept or agree to these Terms and Conditions 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 and Conditions; (b) represent and warrant that you are eligible to access the The Lotto Winners Club Application and are authorized and able to accept these Terms and Conditions; and (c) acknowledge that you have read The Lotto Winners Club’s Privacy Policy, available at https:// thelottowinnersclub.com/privacy, and agree that The Lotto Winners Club may collect, process, store, and disclose your information consistent with such policy. If you do not wish to be bound by these Terms and Conditions, you must not access or use the Application. By declining to accept these Terms and Conditions, you will be unable to create an Account or access or use the Application. We reserve the right to change these Terms and Conditions at any time without prior notice to you. If we make what we determine to be material changes to these Terms and Conditions, we will notify you by prominently posting a notice or by sending a notice to the email address on file. It is your obligation to provide us with notice of any change to your email address by sending us notice immediately to [email protected] 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 the same to [email protected]. We will automatically close 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. 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 The Lotto Winners Club. 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. 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 The Lotto Winners Club 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). The Lotto Winners Club will not be liable for any loss that you may incur as a result of someone else using your Account. 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 The Lotto Winners Club at [email protected] 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 The Lotto Winners Club 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 The Lotto Winners Club determines that you have registered more than one (1) Account, you acknowledge and agree that, in addition to any other rights The Lotto Winners Club may have, The Lotto Winners Club 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 [email protected]. Please note that you will be asked to provide verifying information and that all documentation must be complete and accurate. 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. The Lotto Winners Club 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 [email protected]. Any information collected by the Company will be held subject to its Privacy Policy, available at https://.thelottowinnersclub.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 The Lotto Winners Club to contact you via mail, email, auto dialed 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 The Lotto Winners Club may send you email 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 The Lotto Winners Club has reasonable grounds to suspect that such information is inaccurate or not current, or you cannot be reached within 180 days for any reason, The Lotto Winners Club 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). 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 returned to the regulator of the state Lottery (hereinafter the “Regulator”) for: Fraud or suspected fraud of any type; Violation or suspected violation of these Terms and Conditions, our Privacy Policy, or any applicable regulations, state or federal laws; or Any other reason as set forth in the Terms and Conditions, including as the Terms and Conditions may be amended from time to time. In the event of Account suspension, The Lotto Winners Club may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, Account Funding and withdrawals. Registered Users of Accounts for which suspension escalates to Account termination will be subject to forfeiture of prizes awarded for Winning Tickets back to the Regulator, and will be permanently restricted from using this Application in any capacity. The Lotto Winners Club may also restrict any person or entity found to be using or attempting to be using the Application fraudulently, or with intent to commit fraud, disrupt the Application, or create harm to The Lotto Winners Club, its Users, or any third party. Users can also unsubscribe from the Application. To unsubscribe from the The Lotto Winners Club Application and close your Account, you will need to contact [email protected]. If you unsubscribe, your Withdraw-able Credits will be converted to U.S. dollars and transferred to the User’s eligible bank account and the Account will be closed. You will need to delete the Application to complete the process. The Lotto Winners Club is under no obligation to permanently delete any data. USERS CANNOT CLOSE THEIR ACCOUNT IF THEY HAVE ANY PENDING OR IN-PROCESS FUND REQUESTS OR IF THEIR ACCOUNT IS ALREADY LOCKED. 5) Account Funding, Orders and Withdrawals Order of Tickets If a User makes a new order for Tickets, The Lotto Winners Club will first apply any Non-Withdraw-able Credits to the cost of the order. Next it will use Withdraw-able Credits. You must ensure that your name on any Ticket order you place through the Application always matches your Account name.The authorized account holder will be deemed the Ticket holder in the event of any dispute. Funding Through The Lotto Winners Club… If you use The Lotto Winners site to fund your account, you agree to the applicable product’s Terms and Conditions and Privacy Policy, as may be updated from time to time. You authorize The Lotto Winners Club to share your identity and Account data with or as applicable, for the purposes of opening and supporting such an account, and you are responsible for the accuracy and completeness of that data. You must ensure that your name on any Ticket order you place through the Application always matches your account name, as applicable. The authorized account holder will be deemed the Ticket holder in the event of any dispute. Funding with a Bank Account In order to use the payment functionality of the Application, you must open an “Access API” account provided through The Lotto Winners Club and you must accept the Terms of Service and Privacy Policy. Any funds held in the bank account are held by the financial institution partners as set out in the Terms of Service. You authorize The Lotto Winners Club to share your identity and Account data with the bank for the purposes of opening and supporting your account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your account through the Application, and your account notifications will be sent by The Lotto Winners Club. The Lotto Winners Club will provide customer support for your bank account activity, and can be reached at [email protected]. The Lotto Winners Club uses Inc. By using the Application, you grant The Lotto Winners Club the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed. Each time you use the Application to fund your Account with a single transaction, you agree to the following: “I authorize The Lotto Winners Club to debit the account indicated for the amount noted on today’s date. I will not dispute The Lotto Winners Club debiting my account, so long as the transaction corresponds to the terms in this online form and my agreement with The Lotto Winners Club.” You must ensure that your name on the account of order that you place through the Application always matches your bank account name. The authorized bank account holder will be deemed the Ticket holder in the event of any dispute. Funding with a Debit Card The bank services for debit card transactions are provided by Worldpay, Inc. By funding your Account using a debit card, you agree to Worldpay’s Privacy Policy and Terms of Use. If asked to enter the last 4 digits of your social security number you agree to the following: “I certify, under penalty of perjury that: 1) The Taxpayer Identification Number or Social Security Number I provided is correct; 2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3) I am a U.S. citizen or other U.S. person; and 4) The FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.”You must ensure that your name on any Ticket order you place through the Application always matches your debit account name. The authorized debit account holder will be deemed the Ticket holder in the event of any dispute. Auto Funding allows you to automatically fund your account with a specified amount when your account balance drops below a minimum threshold amount. When you sign up for “Auto Fund” you will choose the minimum threshold amount that will trigger the Auto Fund, the amount to fund once your balance is less than the threshold, and the payment method for the Auto Fund. The funding amount must be equal to or greater than the minimum threshold amount.Once you are below the minimum threshold amount, we will Auto Fund your account with the amount of funds from the payment method selected by you at sign up.If you pay by credit card or debit card, we will automatically charge your card in the amount you have specified; if you pay with a bank account, we will automatically debit your bank account by the amount you have specified (in each case, funding minimums and service fees apply). Following any Auto Fund, we will send you a confirmation of the charge by email. Funding with The Lotto Winners Club website By funding your Account using The Lotto Winners Club website, you agree to Terms and Conditions and Privacy Policy as may be updated from time to time. Any funds held in the Account are held by financial institution partners as set out in the Terms and Conditions. You authorize The Lotto Winners Club to collect your personal information, including your social security number, and to share such information, including your identity, social security number and Account data with or for the purposes of opening and supporting your Account, and you are responsible for the accuracy and completeness of that data. The address of the card being used to deposit to your The Lotto Winners Club Play Account must match the address on file for your The Lotto Winners Club Account. Withdraw-able Credits/Winnings As detailed in Section 8, when there is a Winning Ticket with a prize value less than or equal to the In-Store Redemption Threshold, the User will be credited with Withdraw-able Credits that may be converted on a 1:1 ratio to U.S. dollars and transferred to a User’s eligible bank account. Non-withdraw-able Credits Users may also have Non-Withdraw-able Credits, which are The Lotto Winners Club Credits that may be spent on new Ticket orders using the Application, but which may not be converted to United States dollars or transferred to a User’s eligible bank account. Any credits given to a User for any reason other than for a Winning Ticket will be Non-Withdraw-able credits. This includes Account Funding, referrals, promotions, contests, compensation, and refunds. Promo Codes The Lotto Winners Club may from time to time offer promo codes to be used in conjunction with the order of Tickets on the Application. Promo codes are valid for a limited time only and promo code discounts apply only to the qualifying items described in each promo code offer. Promo code offers will not be valid until applied to a qualifying item in your cart and promo code discounts will not apply until your order is complete. Each promo code is limited to one use per User and may not be combined with any other promotions. The Lotto Winners Club has no obligation for payment of any tax in conjunction with the distribution or use of any promo code, and Users are required to pay any applicable sales tax related to the use of any promo code. The Lotto Winners Club, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promo code at any time for any reason without prior notice to you. Promo codes are void where prohibited by law and only good while supplies last. Referral Program; The Lotto Winners Club has implemented a referral program where Users can refer new Users in exchange for Non-Withdraw-able Credits. Any User that is referred must be a real and unique person and cannot have previously used the Application. Any such new User must meet the eligibility requirements set forth in these Terms of Service and must not have had an Account suspended or terminated by The Lotto Winners Club. For more information about the referral program, please refer to the page entitled https://thelottowinnersclub.com/faq. Refunds and Cancellations All sales of single-play Tickets and Auto play Tickets through the Application are final and are ineligible for refund or cancellation at any time. The Lotto Winners Club is expressly not responsible for any refunds on any orders placed from your Account, including but not limited to any orders you may claim were placed inadvertently or by mistake/accident. Please review your orders before you place them. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Tickets may be cancelled, we may refuse to honor all pending and future Ticket orders made with those credit card or bank accounts and/or via any Account associated with those credit card or bank accounts. We may also prohibit you from using the Application. Users of Accounts for which suspension escalates to account cancellation will be subject to forfeiture of prizes awarded for Winning Tickets to the appropriate Regulator and will be permanently prohibited from using this Application in any capacity. All remaining un-played The Lotto Winners Club Credits will be forfeited to The Lotto Winners Club upon account cancellation. You shall have no recourse and The Lotto Winners Club shall have no liability as a result of any such cancellation. In the event of any Account suspension or termination, all provisions of these Terms of Service relating to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, please email to [email protected]. Withdraw-able Credits may be withdrawn from an Account at any time. Withdraw-able Credits can be withdrawn to a bank account and will usually take 3-5 business days to complete but may take longer due to unusual circumstances. If you do not receive your funds within 5 business days of your withdrawal request, please submit a claim to [email protected] for additional assistance. In the event of the death of a The Lotto Winners Club User, all available Withdraw-able Credits will be paid in accordance with these Terms of Service, to the Executor or similarly functioning representative under his/her last will and testament or, if there is no will, in accordance with the laws of the state of his/her legal residence. The Lotto Winners Club may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the Withdraw-able Credits is entitled to them before paying such Withdraw-able Credits. Charge Backs/Insufficient Fund Charges You are responsible for any and all bank and legal fees incurred by you or The Lotto Winners Club associated with your disputed charges and charge backs or insufficient funds for orders or attempted orders made on the Application. Additionally, The Lotto Winners Club may charge you a fee in the event The Lotto Winners Club incurs any such bank or legal fees. You will be notified by e-mail of any charge backs or fees and we may deduct the same from your Account if your Account has sufficient Withdraw-able Credits to cover these charges. If it does not, we will not allow further orders until these charges are paid with a valid form of payment. At The Lotto Winners Club’s discretion, we may suspend or terminate your Account for overcharges or insufficient fund charges or notifications. Additionally, The Lotto Winners Club may withhold any present or future Withdraw-able Credits in the event The Lotto Winners Club incurs any bank or legal fees associated with disputed charges and chargebacks or insufficient funds related to your Account. Credit Card/Bank Information It is important that your credit card and/or bank account information be accurate and complete at all times. If you receive a replacement credit card (for instance, following the loss of a card), please log-in to your Account and update your credit card information. Similarly, if you change banks, please promptly update your banking information by logging into your Account. In the event The Lotto Winners Club detects any potential fraud associated with your Account, including your credit card or bank account, The Lotto Winners Club may suspend or terminate your Account. The Lotto Winners Club reserves the right to cancel any Tickets ordered through an Account deemed to be associated with a fraudulent payment (such as a stolen credit card), including by forfeiture of any winnings you would have received that were ordered with a fraudulent payment or Account. Notwithstanding anything to the contrary herein, you may only fund your Account with a funding source that is owned by you. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD MUST BE DIRECTED TO [email protected] OR THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. 6) Responsible Play The Lotto Winners Club is committed to ensuring the lottery does not turn from a game of fun into a financial issue. The Lotto Winners Club warns that for some users, gambling of any kind can be a problem and therefore, we offer the following tools and resources to encourage healthy playing behavior. Set User Limits The Lotto Winners Club does not enforce spending and funding limits in order to protect users from abusive play. You have the option to make your own choices. Self-Exclusion If you wish to exclude yourself from play on The Lotto Winners Club you may apply a self-exclusion to your account at any time. A self-exclusion will suspend you from playing on The Lotto Winners Club for a specified period. 7) Courier Service and Ordering Tickets The Lotto Winners Club acts as the technology service provider as well as the digital courier working on the User’s behalf. The Lotto Winners Club is not a retailer. The Lotto Winners Club is a software developer that provides downloadable mobile applications to Users. Via the Application, Users can order new Tickets from the retailer, determine whether their Tickets qualify for dollar winnings, view their dollar winnings, and use The Lotto Winners Club Credits to order new tickets. The Lotto Winners Club reserves the right to purchase Lottery Tickets on behalf of the ordered. When ordering a Ticket through The Lotto Winners Club, you are placing an order for a Ticket and not purchasing a Ticket directly. As a service provider and acting on your behalf, The Lotto Winners Club will fulfill that order through a licensed retailer in the Jurisdiction where the order was placed. The Lotto Winners Club is the retailer’s authorized agent for accepting payment from Users. In connection with a Ticket order, The Lotto Winners Club receives funds from the User and transmits those funds to the retailer. The Lotto Winners Club also charges a service fee that will be presented to you when funding your account. The Lotto Winners Club will order your Ticket(s) from a licensed Lottery retailer in time for the Designated Drawing and will upload an image of your Ticket(s) to your Account. We abide by all state regulations to ensure that your request will be processed in time. No customer request for courier service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued Ticket. A Ticket, in order to be a validly issued Ticket, shall be generated by a Lottery terminal authorized by the applicable Regulator. A Ticket is not deemed validly issued when a request for order is made of a courier service, when such a request is acknowledged or when a courier customer makes a payment to a courier service. **If there is anything incorrect with your Tickets please email us immediately at **[email protected]. We will do our best to resolve your issue. Our mode of resolution is in The Lotto Winners Club’s sole discretion. We will only refund the cost of the ticket in the event the error is caused by The Lotto Winners Club. If for any reason, The Lotto Winners Club is unable to purchase the Ticket you have ordered before the official Regulator cutoff time for the Designated Drawing, you will receive a full refund. In all circumstances, The Lotto Winners Club is NOT responsible for paying out prizes in the rare case that the Ticket was never purchased. The order of Tickets and right to any prizes on this Application is strictly limited to registered Users who are at least 18 years of age (or 21 where required in the applicable Jurisdiction). The authorized Account holder will be deemed the Ticket holder, You must ensure that the name on your Ticket order matches the name on your Account. The Lotto Winners Club imposes a membership funding and Ticket purchase limit per Account holder and may in its sole discretion change the membership funding or purchase limit on an individual basis. Users may also adjust their daily funding or purchase limit within the App or by contacting Customer Support ([email protected]). The Lotto Winners Club does not honor free Ticket promotions offered by the state Lotteries. For example, sometimes the state Lottery will offer a promotion stating that if you buy a ticket with five Drawing Entries for a given Lottery, you will get an additional quick pick for free. If you make an order with The Lotto Winners Club with five Drawing Entries, you will get the Drawing Entries you order, but you will not receive the additional quick pick. The Lotto Winners Club is a courier service licensed by the California Lottery. Please be warned that ordering California Lottery tickets through a courier service not licensed by the California Lottery may expose you to fraud or other illegal activity. The Lotto Winners Club is not licensed by the California Lottery, it is a separate legal entity and is not a part of the California Lottery, and the California Lottery does not guarantee, nor have any liability, for courier customer activities. 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 The Lotto Winners Club directly about tickets you have previously ordered, 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 The Lotto Winners Club has your contact information and knows that you have won, the California Lottery does NOT know who the winners are until they come forward with a winning ticket. The California Lottery does not notify you, you will be notifying the California Lottery. Neither The Lotto Winners Club nor the California 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 How do I collect my winnings 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. 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 also Call the Lottery’s Security & Law Enforcement Division toll-free at 1-800-LOTTERY (1-800-568-8379) and provide: Retailer’s name, ID number and/or address. Date and time of the incident. Description of the incident. California Lottery: For those California residents/visitors ordering tickets for the California games, we are required to disclose to you the following terms of service prior to the creation of an Account and before the placement of any order: “Receipt is not a ticket. No interactive customer order constitutes evidence of a validly issued lottery ticket. A ticket, in order to be a validly issued ticket, shall be generated as set forth in subdivision (q) of a section of this subchapter. Ticket Issuance. A draw game ticket is deemed validly issued at the time such ticket is generated by a lottery terminal authorized by the commission or when a registered ticket less transaction is effected and not when a request for order is made of a digital courier service or a ticket order is placed with an interactive sales agent. “By creating an account using the digital network of an interactive sales agent or of a digital courier service to place an order for lottery tickets, an interactive customer agrees to be bound by the commission’s regulations; to release and hold harmless the interactive sales agent or digital courier service licensee, the State, and the commission from any liability related to an order for tickets placed through the digital network that is not completed before the drawing cutoff and never results in the generation of the tickets ordered through the digital network; and In the event a dispute occurs as to whether a ticket generated to complete an order placed through a digital network would have been a winning ticket had the ticket purchase occurred and no prize is paid, the commission may, at the commission’s option, replace the ticket with a ticket equal in value to the price paid for the ticket that is the subject of the dispute, which remedy shall be the sole and exclusive remedy of the claimant against the commission Exclusions/Self-Exclusions. No Arrangements for Prohibited Persons/Excluded Persons. You acknowledge that The Lotto Winners Club is a United States company. As such, The Lotto Winners Club. The Lotto Winners Club reserves the right to prohibit certain “prohibited persons” that are government officials from using the app. The Lotto Winners Club 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 The Lotto Winners Club 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 using the Application, or purchasing or ordering Tickets or other services, in accordance with a state’s voluntary self-exclusion program or The Lotto Winners Club’s voluntary self-exclusion thereunder (“Voluntary Self-Exclusion”) may not use the Application. The Lotto Winners Club 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 and Conditions, 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); The Lotto Winners Club employees, officers and directors. Those who are not located in a Jurisdiction where The Lotto Winners Club can legally order Tickets. Those who do not meet the eligibility and verification requirements, including identification requirements. Those excluded by the applicable Regulator. The Lotto Winners Club, in its sole discretion, may exclude any person or entity from using its Application or opening an Account. 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, directors, members, managers, investors, agents, and representatives of The Lotto Winners Club 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) and any person 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 The Lotto Winners Club); those who are not located in a Jurisdiction where The Lotto Winners Club 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. The Lotto Winners Club may exclude any person or entity from using its Application or opening an Account in its sole discretion. 9) Winning Tickets and Claiming Prizes In connection with a Ticket redemption, The Lotto Winners Club transmits winnings to the User.You consent to The Lotto Winners Club storing any Ticket on your behalf. Once the drawing and prize results are in, The Lotto Winners Club will notify you in the Application and email you to let you know if your Team has a Winning Ticket. If it is a Winning Ticket and the prize value is less than or equal to the In-Store Redemption Threshold, The Lotto Winners Club will automatically credit your Account for the full prize value, as further described in Section (a) below. If a Winning Ticket has a prize value worth more than the In-Store Redemption Threshold, The Lotto Winners Club will arrange for the winnings to be collected and divided to the User, as further described in Section (b) below. Prize claims made through this Application are subject to the prize payout rules and regulations set forth by the Regulator. The Lotto Winners Club may provide the Regulator with any User Personal Information required to process prize claims including, but not limited to, the full name, address and phone number listed in your Account. Winning Tickets with prizes totaling less than or equal to the In-store Redemption Threshold. By using the Application you authorize The Lotto Winners Club to store and claim Winning Tickets with prize totals that are less than or equal to the In-Store Redemption Threshold in the Jurisdiction of purchase on your behalf at an authorized lottery retailer as soon as drawing results are posted. Neither The Lotto Winners Club nor the authorized retailers from which The Lotto Winners Club collects these prizes will withhold any applicable taxes on your behalf. The Lotto Winners Club will deposit the full prize value into your The Lotto Winners Club account in the form of Withdraw-able Credits. These Withdraw-able Credits may be converted to U.S. dollars and transferred to an eligible checking or savings account in accordance with these TermsAnd Conditions. Users may also keep the Withdraw-able Credits and use them towards future orders. You are ultimately responsible for paying any tax liability associated with claims made through this Application for Winning Tickets with prizes that are less than or equal to the In-Store Redemption Threshold in the state of purchase. The In-Store Redemption Threshold varies by Jurisdiction, but is typically around $600. Check your Regulator’s official website for more information. Payouts for these prizes will be facilitated and will require the User to cooperate with all necessary Know Your Customer (“KYC”) regulatory requirements. Review Terms and Conditions and Privacy Policy for more detail. Winning Tickets with prizes greater than the In-store Redemption Threshold. Claims for Winning Tickets with prizes totaling more than the In-Store Redemption Threshold (“Jackpot”) and up will be delivered via a nationally recognized courier or mail service at The Lotto Winners Club’s expense or picked up by you at your expense. For Winning Tickets all players are required to follow all state and federal rules and laws set forth by the California Lottery and subject to the in person requirements. Winning Tickets are subject to approval by the Regulator and must be claimed directly from the Regulator either by mail or in person. Claiming rules vary by Jurisdiction. Check your Jurisdiction for more details. The Regulator may withhold taxes from prize distributions for Winning Tickets with claimed prizes totaling more than the In-Store Redemption Threshold. The Lotto Winners Club will not be liable for verifying the appropriateness or accuracy of taxes withheld from Users’ claims, and Users are solely responsible for handling individual tax situations directly with the applicable Jurisdiction. The Lotto Winners Club will not be liable for any unclaimed prizes associated with Winning Tickets ordered through this Application for any reason. You authorize The Lotto Winners Club to store any such Winning Tickets until delivery or pick up, as applicable. The Lotto Winners Club requires, and you agree to present a government-issued identification in order to pick up any Winnings associated with your Account. In the event you do pick up a Winnings in person, you agree to take full possession and release The Lotto Winners Club from any responsibility for the Winning Ticket /s, and any associated prize claims, by signing a claims release form. The Lotto Winners Club will be responsible for paying for the shipping costs and The Lotto Winners Club is released from any responsibility as soon as the packaged Winnings is put into the possession of the mail courier. Prior to or upon shipping, The Lotto Winners Club will provide you with an email containing the tracking information for your Winning Ticket /s. You are responsible for ensuring the accuracy of your mailing address. At no time will Non-Winning Tickets be available for in-person pick up or mailing. For winning and claiming of Team Tickets ordered as part of a Lottery Pool, see Section 9 below. Prohibition on Claiming Winning Tickets. You are prohibited from claiming, or attempting to claim, any Winning Tickets in any manner that is inconsistent with the terms of this Section 8. In the event you claim, or attempt to claim, any Winning Ticket in a manner that is inconsistent with this Section, you agree that The Lotto Winners Club will have no liability to you with respect to such Winning Ticket /s, including, without limitation, the obligation to deposit any Withdraw-able Credits into your Account associated with such Winning Ticket. Additionally, in the event that you and The Lotto Winners Club both claim the prize for any Winning Ticket, The Lotto Winners Club has the right to immediately remove any associated Withdraw-able Credits from your Account and suspend or terminate your Account. You shall indemnify, defend and hold harmless The Lotto Winners Club for any claims, losses, expenses and all other liabilities The Lotto Winners Club incurs as a result of your failure to comply with the terms in this Section. Winning Ticket is a Bearer Instrument. Note that your ticket is a bearer instrument within the meaning of all applicable law, such that the holder of the ticket is presumed to be the owner of the ticket with all applicable rights in the ticket and its proceeds. Therefore, if you obtain a winning ticket that has a prize value worth more than the In-Store Redemption Threshold, do not lose your ticket or allow others to possess your ticket. The Lotto Winners Club attempts to mitigate this risk by placing the winning customer’s names / Team on the back of the ticket following the ticket being deemed a winning ticket, however The Lotto Winners club reserves the right to act Team leader (Captain / Team Captain) to file for and receive all funds to divide and delegate funds to credit the proper accounts. Active Account Users Program: As a member of The Lotto Winners Club you will ride on all tickets that are bought through the Lotto Winners Club as long as your account is active. If and when The Lotto Winners Club wins the mega jackpot prize all the members with an active account will partake in 50% of the extra share winnings! Example: Say we win a $300 million dollar PowerBall jackpot… The team that wins gets $10 million each and then 4 extra shares = $40 million. So if there are 100 active accounts then 100 (does not include individuals on the winning Team) people would get $200,000 each even though you were not on the winning Team! All active accounts (unless you were on the winning team) will split 50% of the extra shares for only that particular game. In order to do this you must have already paid the monthly membership fee. NOTE: While in the testing phase… Every account member is part of the active account program as long as you have funds in the account! Prize Sharing Agreement: All Club Members on each and every ticket are placed into Teams and all individuals on each and every team are required to split the prize money 30 ways on every team. The four (PowerBall) or five (Mega Millions) extra shares will go to The Lotto Winners Club to cover Active Account Users Program, Promotions for club members such as Prizes, Free Tickets to club members, overhead cost, pay-roll, Club improvements, ect.. 10) Teams and Club Membership Users may elect to utilize this Application to participate in Lottery Teams, and may teams Tickets with other Users in any single Lottery Team in order to share prizes, subject to the following terms and requirements: By participating in any Lottery Team, a User agrees to The Lotto Winners Club’s Terms and Conditions (which are described in this Section 9 and may be supplemented by additional terms available at the time a User creates or participates in a Lottery Teams) and Prize Sharing Agreement. AKA Contract. In order to participate in a Private Lottery Team, a User must be a member of The Lotto Winners Club. Each Lottery Team is for one specific Lottery and for one Designated Drawing. Lottery Teams may only be available for certain Lotteries. Check the Application to see which Lotteries are available for Lottery Teams. Winning Team Tickets whose total prize value are less than or equal to In-Store Redemption Threshold will be redeemed by The Lotto Winners Club on behalf of the Users just as with Tickets that are not part of a Lottery Teams. The total value of all prizes that are won from Winning Team Tickets in a Lottery Team whose prize is less than the In-Store Redemption Threshold will be divided among the Team Members in accordance with The Lotto Winners Club’s Terms and Prize Sharing Agreement Contract). Winning Team Tickets with a total prize value that is greater than the In-Store Redemption Threshold will be redeemed and divided among the Team Members in accordance with The Lotto Winners Club’s Team Terms and Prize Sharing Agreement. The Lotto Winners Club in its sole discretion may rename any Private Group if we consider the name of the Private Group to be offensive to other users of the Application. While in the testing phase of the website NO MEMBERSHIP FEES WILL BE Due until further notice. Free Membership Members can order upto 1 Tickets a month = upto 25 Mega Millions Or 26 Powerball (shared Team) tickets will be sent to them. For non active accounts only General Membership is $5 a month. Members can order between 2 upto 10 tickets a month = upto 250 Mega Millions Or 260 Powerball (shared Team) tickets will be sent to them. Gold Membership is $10 a month. Members can order between 11 and 50 tickets a month = upto 2,500 Mega Millions Or 2,600 Powerball (shared Team) tickets will be sent to them. Executive Membership is $20 a month. Members can order between 51 to 100 tickets a month = 5,000 Mega Millions Or 5,200 Powerball tickets Gold Brick add ons =100 tickets = will add $10 charge and will allow you to order upto 50 more Lottery Tickets. Example; if you order 105 tickets your Executive Membership fee will total $30 yet will allow you to add another 45 tickets upto the end of the month for no extra fees. Prestige Membership is $100 and pays to keep your account active all year! You Ride on all Members tickets whether you play or not; if the Jackpot prize is won you will get a kick back from the extra shares divided to all active accounts. Allows you to order 100 tickets a month. Anything over will upgrade the fee with a gold brick add on! Commercial Accounts For any orders over 1,000 tickets will have to Contact The Lotto Winners Club to register. [email protected] 11) Autoplay Unavailable until available; Autoplay can be accessed by any User, subject to the following terms and requirements: Autoplay subscriptions may only be available for certain Lotteries. Check the Application to see which Lotteries are available for Autoplay. For each Auto play set-up, the User must choose a number of Drawing Entries that will be played for each Designated Drawing. The User must also choose for their Drawing Entries to use pseudo-randomly generated numbers or to pick specific numbers. For some Lotteries a User may choose a multiplier. For some Lotteries a User may also choose a minimum jackpot threshold. If this value is set, Users will only be entered into a Designated Drawing if the jackpot value is greater than or equal to the minimum jackpot threshold. If the foregoing criteria are met, your Account is active and your Account has sufficient Available Funds to cover the cost of the order, an order will be placed on behalf of the User for the given Designated Drawing for the specified number of Drawing Entries. The Lotto Winners Club is not responsible for any failure to place any order related to any Auto play set-up. Procedure for Winning Tickets that were ordered as part of an Auto play will be no different than that of ordinary Winning Tickets. 12) Quick Picks Users may elect to utilize this Application to generate and/or order pseudo-random plays. By using The Lotto Winners Club, you understand and acknowledge that the Quick Pick randomization process is seeded by the timestamp of its initial generation request (as recorded by The Lotto Winners Club) and, as such, cannot be classified a “True Random Number” by definition. You further understand that The Lotto Winners Club cannot be held responsible for any of the pseudo-randomly generated Plays derived through this system. 13) Limited License to the The Lotto Winners Club Application 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 and Conditions, the Company grants you a limited, non-exclusive and nontransferable license to (i) download, install and use The Lotto Winners Club 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 and Conditions and (ii) access and use the services made available in or otherwise accessible through the The Lotto Winners Club Application strictly in accordance with these Terms and Conditions. License Restrictions. You acknowledge and agree that you shall not: Copy the Application, except as expressly permitted by this license; 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; Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; 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; Rent, lease, lend, sell, sub license, 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; 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; 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 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. 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. 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. 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. 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. 14) 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. 15) 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, tortuous, indecent, vulgar, profane, obscene, or that The Lotto Winners Club 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, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages; 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 The Lotto Winners Club’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 and Conditions or any other guidelines or policies posted on this Application, including the Privacy Policy, which are incorporated by this reference into these Terms and Conditions; or Uses the referral system to refer fake people. The Lotto Winners Club 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 and Conditions and may disclose your information to such law enforcement officials and/or agencies if required by law. 16) Comments and Other User Submissions/Use of Information While The Lotto Winners Club does not claim ownership of any comments or suggestions that you may submit to The Lotto Winners Club, by submitting a comment or suggestion or any other material to this Application, you hereby authorize and grant The Lotto Winners Club 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, The Lotto Winners Club 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 The Lotto Winners Club 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 The Lotto Winners Club 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, tortuous, or otherwise unlawful information. You should note that by using the Application, you grant The Lotto Winners Club 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 The Lotto Winners Club for why you chose your numbers) in the event The Lotto Winners Club 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 California. Jack picked his numbers based upon family birth dates. Congrats Jack!” Further, The Lotto Winners Club may use your image, your full name, and details of the game(s) you played or won to promote The Lotto Winners Club 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, 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. 17) General Terms Internet Privacy and Security. Due to the design of the Internet, The Lotto Winners Club cannot guarantee that communications between you and The Lotto Winners Club will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms and Conditions, you expressly agree that your use of this Application is at your sole risk, and you agree that The Lotto Winners Club shall not be liable if a security breach occurs, or if this Application malfunctions, except as required by law. 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 and Conditions 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 and Conditions 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 and Conditions, there shall be no third party beneficiaries. 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 and Conditions. 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 [email protected]. 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. The Lotto Winners Club does not control, and is not responsible for, any third party applications or their content. Therefore, The Lotto Winners Club 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. 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. Waiver and Sever ability. No waiver of by the Company of any term or condition set forth in these Terms and Conditions 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 and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect. 18) Disclaimers and Limitations of Liability Disclaimer of Liability. The Lotto Winners Club 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. Disclaimer of Accuracy of Data. The Lotto Winners Club 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 [email protected]. The Lotto Winners Club 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 The Lotto Winners Club for, or in connection with, the receipt of erroneous information. The Lotto Winners Club takes numerous steps to ensure that the Plays requested on Ticket orders exactly match the Plays included on the tickets The Lotto Winners Club 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 The Lotto Winners Club’s error), The Lotto Winners Club is only liable for the purchase price of the Ticket. 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 AUTO PLAY TICKET ORDERED VIA THIS APPLICATION. Disclaimer of Endorsement. The Lotto Winners Club 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 The Lotto Winners Club 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 The Lotto Winners Club.