Terms and Conditions

    Last Modified: December 2023 

    These legally binding Terms & Conditions (“Terms”) represent the entire contractual relationship between you (referred to herein as “you”, “your”, “customer” or “user”) and Lotto.com and its affiliates and subsidiaries (referred to herein as “we”, “us”, “our”, “Lotto.com” or “company”). These Terms govern your use of the products and services made available to you directly or indirectly by us, including the website, www.lotto.com, as well as all state-specific Lotto.com websites, and the Lotto.com mobile app that links to these Terms (“website” and respectively the “mobile app”). You and Lotto.com are referred to herein individually as “party” and collectively as “parties”. The website, mobile app, and the other services described in these Terms or otherwise provided to you through the website and/or the mobile app are collectively denoted as the “Services.” 

    PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE BINDING ARBITRATION, CLASS ACTION WAIVER AND OTHER LEGAL RIGHTS AND OBLIGATIONS. 

    We reserve the right to change these Terms at any time and for any reason. By using any of our Services you are agreeing to the Terms as modified and in effect at the time of use. You are not allowed to use our Services if you do not agree and accept the Terms in effect at the time of use. In addition to these Terms, you agree to be bound by our Privacy Policy as well as any other rules, policies and terms (Privacy Policy and other rules, policies, and terms collectively referred to herein as “Policies”) posted on the website or made available to you through the mobile app, including any updates or modifications to those Policies. Such Policies are incorporated into and made part of these Terms and you acknowledge you have read and agreed to such Policies. By using any of our Services, you agree to be bound by these Terms and Policies and represent and warrant that you are eligible to use our Services regardless of whether you access and use them through a computer, mobile phone, or any other device or application. 

    If you violate any of these Terms, Lotto.com reserves the right to deny our Services and block or close your account immediately. We further reserve the right to close your account and void or invalidate any ticket orders without notice for any other reason in our sole discretion. 

    I. TERMS OF USE 

    1. Generally. As part of the Services, Lotto.com may allow you to order official state lottery tickets (“Tickets”), whereby Lotto.com or its agents would fulfill the order on your behalf at a licensed retailer/sales agent for a fee. Also, as part of the Services, Lotto.com may provide you with lottery courier and other lottery-related services or information. Lotto.com will store the Tickets on your behalf and you will receive an electronic image of the Ticket in your Lotto.com account. For the avoidance of doubt, except where specifically stated in these Terms, you will not receive the physical Ticket purchased on your behalf. 

    In order to use our Services, you must meet all Account Eligibility criteria, as set forth below, and all other criteria and obligations set forth in these Terms.

    2. Account Eligibility. You must open an account with us prior to using our Services. To open an account, you must: 

    • be an individual of the age required in the applicable jurisdiction (e.g., at least eighteen years of age in New York); 

    • provide all requested personal information; 

    • not be a Prohibited Person (as defined below) or prohibited or excluded under any other applicable law or regulation; 

    • agree to these Terms and Policies; and 

    • meet all other eligibility requirements imposed by us at our sole discretion. 

    The following individuals are prohibited from opening an account, placing requests for Services, or using the Services (“Prohibited Person”): 

    • Employees, officers, directors, or direct or indirect owners of Lotto.com and its affiliates and subsidiaries; 

    • Any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any employee, officer, director, or direct or indirect owner of Lotto.com; 

    • Self-Excluded Persons (as defined below); 

    • Persons prohibited or excluded under any other applicable law or regulation; and

    • Persons who we, in our sole discretion, deem prohibited. 

    We will use reasonable efforts to prevent Prohibited Persons from using our Services. You agree that we are not liable to you for your use of the Services as a Prohibited Person. 

    3. Account Registration and Use. You are limited to one (1) account. Accounts are non-transferrable and for personal use only. You may be able to access your account through the website, through the mobile app, or through any other means that we may make available to you from time to time. To open an account, you must provide personal information, including name, address, email, phone number and date of birth so that we can establish your identity. We may also request your social security number (in whole or in part), copies of identification documents such as a driver’s license or passport, and any other information or documentation we deem necessary to help in the identification process. By providing your personal information and documents, you expressly authorize us to share your information with third-party verification services and databases for the purposes of establishing your identity. You agree to provide accurate information and to continually update any changes to that information. We reserve the right to reject your application for an account, or if an account has already been established, to block access, suspend or cancel your account, and where permitted by law to void or invalidate any Tickets or winnings, if we are unable to verify your identity, have reason to believe that you do not meet one or more of the eligibility requirements, or for any other reason and in our sole discretion. 

    It is your responsibility to protect and maintain the confidentiality of your account login and password and you accept responsibility for all activities, charges and damages occurring on or from your account. You agree not to allow any other person to use your account and immediately notify us if you believe or know of any unauthorized use. You further agree that we are not responsible for any loss or damage resulting from an unauthorized use and we reserve the right to confiscate all funds

    remaining in the account if your account is compromised and turn over the same to the state or jurisdiction where you have used Lotto.com services if we are not able to determine the lawful owner of the funds within a reasonable time. 

    4. Participation in the Services. You must be physically located in a state or jurisdiction where Lotto.com provides its Services (“Authorized Jurisdiction”) to order Tickets. By using our Services, you expressly consent to the collection, storage, processing and transmission of your data, including IP address, WiFi signal and other means, to establish your physical location. This verification process may be done using third-party providers and you expressly consent to our use of third-party providers including the sharing of your information with such third-party providers to establish your location. If we or our third-party providers cannot establish your location for any reason, we reserve the right to prevent you from accessing or using the Services until your location is verified. 

    You agree that we are not liable for any violation of any local, state, federal, or other laws or regulations that may occur as a result of your use of our Services. The availability of the Services outside of an Authorized Jurisdiction does not constitute an offer, solicitation or invitation by us for you to use our Services. 

    See list of Authorized Jurisdictions on our Website 

    5. Payments, Deposits and Withdrawals. You may use any method available and accepted by us to deposit money into your account or otherwise provide money for your order. We may also, from time to time, grant you non-refundable and non-withdrawable credits for use on orders on Lotto.com. Except for winnings from official state lottery tickets obtained through Lotto.com, and except where otherwise prohibited by law, all deposits or funds put into your account are non-refundable and non-withdrawable and must be used to order tickets. 

    By initiating a deposit into or withdrawal from your account, or by otherwise funding your account, you agree and hereby authorize us to instruct third-party providers including banks, credit cards, electronic payment processors and financial institutions (“Third-Party Providers”) to handle deposits and withdrawals. You further agree and consent to us providing such Third-Party Providers with your personal information as needed to complete the transaction and agree to abide by any Third-Party Provider’s Terms and Conditions and Privacy Policy in effect at the time, as applicable. We reserve the right to deduct any charges or other fees we incur from the Third-Party Providers or other parties related to your withdrawals and deposits. 

    We will pay any requested withdrawals via the same method of your deposit or payment or via other electronic means. We may require additional proof of identification before a withdrawal request is granted. YOU MUST PROVIDE ACCURATE AND COMPLETE INFORMATION TO US WHEN REQUESTING A WITHDRAWAL. WE ARE NOT RESPONSIBLE FOR ERRORS CAUSED BY YOU DURING THE WITHDRAWAL PROCESS INCLUDING, BUT NOT LIMITED TO, ANY DELAYS OR MISALLOCATION OF YOUR FUNDS. If an error caused by you results in lost or misallocated funds or other undesired outcome, we will use reasonable efforts to rectify the issue but we do not guarantee a full return of the funds to you.

    We are not responsible for any taxes you may owe related to or arising from your use of the Services including taxes owed on winnings. We may report your winnings to the appropriate state or federal authorities if required by law. 

    We reserve the right to review all transactions and to withhold deposited or credited funds and winnings if we reasonably believe that the deposit or payment was unauthorized, misused or fraudulent. We will report all matters of unauthorized, misused or fraudulent deposits, payments or withdrawals, including Chargebacks (defined below), to the appropriate state or federal authorities if required by rule, law, or regulations or otherwise at our discretion. We may conduct our own investigation into the matter and may temporarily or permanently close your account during such time or thereafter. By creating an account and/or requesting or utilizing the Services in any way, you hereby consent to any reasonable investigations which we may deem necessary, in our sole discretion, for the purpose of verifying customer information, including but not limited to, identify verification, source of funds, and background checks. 

    6. Chargebacks. You agree not to dispute, deny or attempt to reverse any financial transaction or make any fraudulent financial transactions with us (collectively “Chargebacks”). You agree to indemnify and reimburse us for any Chargebacks and any financial loss suffered by us as a consequence including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks. If a Chargeback occurs, you agree that we may provide necessary information about you and the Chargeback to Third-Party Providers, regulators, law enforcement, or other necessary third-parties in order to resolve the Chargeback. We reserve the right to temporarily suspend your account without notice until any Chargebacks or other financial disputes are resolved. 

    7. Account Activity 

    A. Fees. The service fees to use our Services vary by game and by jurisdiction. By using our Services, you acknowledge and agree to pay such service fees and that we may deduct such service fees from your account. 

    B. Final Sale. All orders for Tickets fulfilled through our Services are final and non-refundable. You agree not to allow any other person to use your account and further agree that any orders placed through your account will be valid even if you have not authorized such orders. 

    C. Timing of Orders. Orders for Tickets on Draw Games made after the cutoff time set by the official state lottery or by us, at your request or in our discretion, and where permitted by law, may be rolled into the next available drawing. We will use reasonable efforts to fulfill Tickets ordered prior to the posted cutoff time and store such Tickets on your behalf. Subscription Purchases (i.e., advance purchases of Tickets) will be processed on your behalf after the previous drawing and before the posted cutoff time in states or jurisdictions allowing such advanced purchases. If orders or drawings are not completed for any reason, funds may be returned to your account or rolled into the next drawing at your request or in our discretion, where permitted by law. WE ARE NOT RESPONSIBLE FOR PAYING OUT PRIZES IF A TICKET WAS NEVER PURCHASED ON YOUR BEHALF, FOR WHATEVER REASON. 

    D. Quick Picks. The Lotto.com "Quick Picks" feature is a number selection helper, offering you the ability to automatically select the numbers on a virtual playslip. These numbers are derived from a

    lab certified random number generator (or “RNG”) and can be re-selected by you prior to completing an order. 

    E. Bonuses and Promotions. From time to time, we may issue non-withdrawable credits to your account for promotional purposes and these credits may only be used for the purpose of ordering Tickets (“Promotions”). Only the winnings attributed to such credits can be withdrawn. We may accept, deny, limit, modify, reclaim or cancel any unused promotional credits at any time and for any reason, at our sole discretion. Promotions are valid for a limited time only and may be subject to additional qualifying terms and conditions. Each Promotion is limited to one use per and may not be combined with any other promotions. Promotions are void where prohibited by law. Unless we specifically state otherwise, Lotto.com will not honor promotions offered by a state lottery. 

    F. Rules. It is your responsibility to understand the rules of the lottery games you order. Check the relevant official State lottery website for rules in your jurisdiction. 

    G. Winnings. Most states set a maximum dollar value for which Lotto.com or its retail partners can redeem winning Tickets on a customer’s behalf (“Retailer Limit”). You agree and authorize Lotto.com to collect winnings at or under the relevant Retailer Limit on your behalf and deposit such winnings into your account as payable credits. For the avoidance of doubt, your order of a Ticket through Lotto.com constitutes an electronic signature on your Ticket consenting to redemption of any resulting prize at or below the Retailer Limit. If you are a New Jersey Customer and wish to opt out of this service, please contact [email protected] prior to the drawing for such Ticket. 

    The Retailer Limit varies by state and is based on that state’s implementation of applicable IRS rules. In general, the Retailer Limit is set by the state lottery between $500 and $600. For more information about state specific redemption limits, please visit the official state lottery website in the jurisdiction in which you order your Tickets. 

    Winnings above the Retail Limit must be claimed by you with the lottery in the state in which the winning Ticket was issued. Tickets with winnings above the Retail Limit can be delivered to you either (i) by courier or mail service at Lotto.com’s expense or (ii) in person at Lotto.com’s processing or retail location where your winning Ticket was processed. WE STRONGLY ENCOURAGE YOU TO PICK UP TICKETS WITH WINNINGS OVER THE RETAIL LIMIT IN PERSON. Lotto.com will contact you directly with instructions on how to claim your prize for winnings over the Retail Limit. 

    Lotto.com may require you to provide additional information and documents to verify your identity before providing you with any physical winning Ticket. Lotto.com may also require you to sign certain documents and agreements before a physical Ticket is surrendered to you. Failure to sign such documents and agreements may delay the release of the Ticket. You are responsible for claiming any prizes associated with a physical winning Ticket with the state lottery or authorized retailer in the state in which the winning Ticket was issued once Lotto.com has released such Ticket to you. 

    Except where prohibited by rule, law or regulation, if your winnings are for a free Ticket, Lotto.com will automatically redeem the winning Ticket and order the free Ticket on your behalf. If Lotto.com is unable to provide you with the free Ticket, for whatever reason, Lotto.com will credit your account with non-withdrawable credits equal to the purchase price of the free Ticket.

    YOU EXPRESSLY AGREE THAT ONCE A PHYSICAL WINNING TICKET HAS BEEN RELEASED TO YOU PERSONALLY OR DEPOSITED WITH A MAIL OR LETTER CARRIER SERVICE FOR DELIVERY TO YOU, LOTTO.COM IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, DAMAGED, DELAYED OR OTHERWISE UNREDEEMABLE WINNING TICKETS AND YOU EXPRESSLY AGREE TO ASSUME THE RISK OF LOSS, DAMAGE OR DELAY FOR ANY SUCH PHYSICAL TICKET. 

    H. Official Records. We will make all reasonable efforts to ensure that the Ticket’s winning numbers and prize amounts posted in your account and on the website or through the mobile app are accurate and available within a reasonable time. However, in the event of an error, the winning numbers and prize amounts in the official records of the state lottery or regulator in that particular jurisdiction will stand as the final determination of winning numbers and prize monies. 

    I. Publicity. Where permitted by law, for prizes over $5,000, Lotto.com may request that you participate in a prize-winning ceremony which may include photography and media interviews. 

    J. Tickets. Tickets received through our Services will be held in trust by Lotto.com as a bearer instrument within the meaning of applicable law. For the avoidance of doubt, you will not receive a physical Ticket except where expressly stated in these Terms. You will receive a scanned copy of any Tickets fulfilled through the Services. It is your responsibility to ensure the safekeeping of the images of your Tickets and we are not responsible for any issues or disputes that may arise from others using or viewing Ticket images we have provided to you. 

    K. Validity of Tickets. No customer request or payment for Service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued Ticket. In order for a draw game Ticket ordered through Lotto.com to be deemed valid, it must be physically generated by an authorized state lottery terminal. In order for a scratch Ticket ordered through Lotto.com to be deemed valid, it must meet all criteria for validity established by the state lottery by law or rule in the jurisdiction of order. 

    L. Dormant Account. If your account has been inactive for thirteen (13) consecutive months, the account will be considered dormant. We will make all reasonable attempts to contact you to determine whether you wish to keep the account active or close the account. No fees will be charged during the period of dormancy. We reserve the right to close dormant accounts and return all funds to you less any applicable fees imposed on us by a third-party credit provider you use. 

    M. Scratch Tickets. Lotto.com may allow you to order official state lottery scratch tickets through the website or mobile app (“Scratch Ticket”). If you order Scratch Tickets, you authorize Lotto.com to scan and scratch the Scratch Tickets, on your behalf, to reveal any winnings (“Scratch Fulfillment Process”). You will then be able to virtually access those Scratch Tickets through the website or mobile app. If a Scratch Ticket is damaged during the Scratch Fulfillment Process such that the Scratch Ticket will not be redeemable at the local official state lottery (as determined by us in our sole discretion) or we are unable to show that Scratch Ticket’s image on the website or mobile app in order for you to be able to virtually access such Scratch Ticket, we will fulfill the order with the next available Scratch Ticket or, if no other Scratch Tickets are available, provide you with a credit refunding your account in the amount of the unfulfilled part of the order. THIS IS THE SOLE AND EXCLUSIVE REMEDY FOR DAMAGED OR OTHERWISE UNDELIVERABLE SCRATCH TICKETS.

    Scratch Tickets may or may not be in sequential order when orders are filled. The redemption procedures for any winning Scratch Tickets are detailed in paragraph G of this Section 7. 

    8. Account Closure By Us. TO THE FULLEST EXTENT OF THE LAW, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND USE OF OUR SERVICES IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT HAS OR WILL OCCUR): (1) YOU ARE IN MATERIAL BREACH OF THESE TERMS, (2) YOU COMMITTED (OR ATTEMPTED TO COMMIT) A FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USE THE SERVICES FOR UNLAWFUL OR IMPROPER PURPOSES, (3) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS, (4) WE ARE INSTRUCTED BY A LAW ENFORCEMENT OR REGULATORY AGENCY, COURT OR BY OUR LEGAL COUNSEL TO DO SO, OR (5) IN OUR SOLE DISCRETION. 

    YOU AGREE TO COMPENSATE US, IN FULL, FOR ANY COSTS, LOSSES OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) WE INCUR RELATED TO, OR ARISING OUT OF, YOUR BREACH OF THESE TERMS. 

    9. Limited Power of Attorney. You agree to grant us a limited power of attorney for certain purposes related to the Services including, but not limited to, (i) fulfilling an order for Tickets at a licensed retailer on your behalf, (ii) scanning and sending you a digital image of your Tickets, (iii) securely storing your Tickets, (iv) cashing your Tickets if the prize is below the Retailer Limit in your jurisdiction, and (v) physically distributing your Tickets to you if the prize is above the Retailer Limit. 

    10. Intellectual Property. Lotto.com and any other marks used by us are the trademarks, service marks and/or trade names of Lotto.com and its parents, subsidiaries or associated companies, unless marks are otherwise licensed to us for use. All material contained on or used by us on the website or in the mobile app, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features images, pictures, animations, audio, text (collectively “Content”) and any intellectual property rights in and to any of the same are owned by or licensed to us and subject to copyright and other intellectual property rights. The copyright material, service marks, trademarks, Content and any other intellectual property of Lotto.com may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our prior written consent. All rights not expressly granted in and to the Content and the Intellectual Property are reserved by Lotto.com. 

    11. Limited License. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to install and use any software or program, including the mobile app (collectively “Software”) made available by us for use of our Services and all content derived from such Software and in accordance with these Terms. You agree not to, nor attempt to, copy, extract, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or access, in whole or in part, any of the Software (including the mobile app), the information or data of the website, or the source code to create derived works or, sell, assign, lease, sublicense, transfer, distribute or grant a security interest in, or make the Software, mobile app, the website or its information or data available to any third-party. You will be solely liable for any damages, costs or expenses incurred by us arising out of or in connection with the commission of any of these activities. 

    12. ARBITRATION; WAIVER OF CLASS ACTION

    A. Dispute Resolution; Binding Arbitration. If any disputes, claims or controversies arise between you and us related to or arising out of your use of the website, mobile app, or any other Services or these Terms or Policies, please contact our Customer Success Team at [email protected]. We will investigate and make a good faith effort to respond to all complaints within a reasonable timeframe. You agree to exhaust all reasonable means available and follow any complaint resolution procedures we put in place. 

    If the parties are unable to resolve the problem after exhausting all reasonable means and resolution procedures, the parties agree that any disputes, claims or controversies arising between you and us related to or arising out of your use of our website, mobile app, any other Services, or these Terms and Policies will be resolved by binding arbitration. The arbitration will be conducted before a single arbitrator in New Jersey, or in the jurisdiction where a Ticket was purchased if the dispute involves a Ticket purchase or alleged Ticket purchase, in accordance with the then governing rules and procedures of the American Arbitration Association ("AAA"). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. 

    Any award rendered by the arbitrator will be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The arbitrator will not have authority to award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. 

    B. WAIVER OF CLASS ACTION. EACH PARTY EXPRESSLY AGREES TO WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. All proceedings against Lotto.com or its parents, subsidiaries or other affiliated entities and their respective owners, officers, directors, members, managers, employees, and agents, whether in arbitration or litigation, will be conducted in each party’s individual capacity only. 

    Notwithstanding anything to the contrary, the parties may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its respective intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets. 

    If any clause in this Section 12 is found to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in this Section 12. 

    13. Governing Laws and Jurisdiction. These Terms shall be governed by, and construed and enforced in accordance with the laws of the State of New Jersey without regard to conflict of law principles, except if the dispute involves a transaction, alleged transaction, or attempted transaction within New York, for which the Terms shall be governed by, and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. THE PARTIES EACH WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY. For any claims that are not subject to arbitration, the Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of New Jersey for settlement of any disputes or matters related to or arising out of your use of the website, mobile app, any other Services and/or the Terms and Policies and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds, except if the dispute involves a transaction, alleged transaction, or attempted transaction within New York, for which the Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of New York. The

    Parties further agree that such claims will only be brought in the United States District Court for the District of New Jersey or the state courts in the State of New Jersey except if the dispute involves a transaction, alleged transaction, or attempted transaction within New York, for which such claims will only be brought in the United States District Court for the Southern District of New York or Northern District of New York or the state courts in the State of New York. 

    14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT: LOTTO.COM AND ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATED ENTITIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “LOTTO GROUP”) AND ANY STATE LOTTERY WHOSE TICKETS MAY BE PURCHASED THROUGH LOTTO.COM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “LOTTERY EMPLOYEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE TERMS AND POLICIES OR THE WEBSITE, MOBILE APP, OR ANY SERVICES EVEN IF YOU OR ANYONE ELSE ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. 

    UNLESS EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL LOTTO.COM’S, THE LOTTO GROUP’S, OR THE LOTTERY EMPLOYEES’ TOTAL LIABILITY TO YOU OR ANY RELATED THIRD PARTY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO LOTTO.COM'S, THE LOTTO GROUP’S, OR THE LOTTERY EMPLOYEES’ ACTS OR OMISSIONS, THE TERMS AND POLICIES OR THE WEBSITE, MOBILE APP, OR ANY SERVICES EXCEED THE TOTAL DOLLAR AMOUNT YOU DEPOSITED IN YOUR ACCOUNT OR UTILIZED TO MAKE PAYMENTS FOR PURCHASES THROUGH YOUR ACCOUNT IN THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM. 

    YOUR ACCESS TO THE SERVICES, INCLUDING THE DOWNLOAD OR INSTALLATION OF ANY SOFTWARE RELATING TO THE SERVICES, USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE TO YOU OR YOU MAY PROVIDE TO US IN CONNECTION WITH YOUR USE OF THE WEBSITE, MOBILE APP, AND/OR ANY OTHER SERVICES, IS AT YOUR SOLE RISK. LOTTO.COM, THE LOTTO GROUP, AND THE LOTTERY EMPLOYEES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, DEVICE, TABLET OR OTHER HARDWARE USED TO ACCESS THE SERVICE, THE SOFTWARE CONTAINED THEREIN, OR ANY OTHER EQUIPMENT OR TECHNOLOGY USED FOR THE SERVICES. 

    LOTTO.COM, THE LOTTO GROUP, AND THE LOTTERY EMPLOYEES WILL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY OR FINANCIAL INSTITUTION. 

    IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE TERMS OR POLICIES, THE SOLE AND EXCLUSIVE REMEDY AGAINST LOTTO.COM IS TO DISCONTINUE USING THE SERVICES.

    NOTHING IN THESE TERMS WILL OPERATE TO EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE SOLE GROSS NEGLIGENCE, FRAUD, OR ANY LIABILITY OF LOTTO.COM, THE LOTTO GROUP, OR THE LOTTERY EMPLOYEES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

    15. Warranties. YOU EXPRESSLY AGREE THAT THE WEBSITE, MOBILE APP, AND ALL OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT WHERE EXPRESSLY STATED IN THESE TERMS, LOTTO.COM DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE, MOBILE APP, AND ALL OTHER SERVICES, AND NO ADVICE OR INFORMATION FROM ANYONE AT LOTTO.COM, THE WEBSITE, OR SERVICES WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

    16. Indemnification. You agree to defend, indemnify and hold harmless Lotto.com and its parents, subsidiaries and other affiliated entities and their respective owners, officers, directors, members, managers, employees, and agents 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, the Policies, or your use of the Services (including the mobile app and website), including any use of Lotto.com’s intellectual property. 

    17. Privacy. In addition to these Terms, you agree to be bound by our Privacy Policy which is incorporated into and made part of these Terms. You expressly acknowledge and agree that any disputes related to the Privacy Policy, including, but not limited to, any breaches in security or privacy, will be subject to the limitations on liability and arbitration provisions contained in these Terms. 

    18. Force Majeure. Our failure to comply with these Terms due to an earthquake, hurricane, fire, flood or other natural disaster or other act of God, government action or decree (including that of the official state lottery in the applicable jurisdiction), war, civil disorder, terrorism, disease, epidemic or pandemic, or any other events that are beyond our reasonable control will not be considered a breach of these Terms. 

    19. Entire Agreement, Modification, Amendments. You agree to be bound by these Terms as modified and amended from time to time. We may amend the Terms at any time and for any reason. Any amendments or modifications will take effect immediately. By using the Services after the Terms have been modified, you are acknowledging that you have read and accepted the amended and modified Terms. If you do not accept such amendments or modifications, you should not use our Services. If you do not wish to accept the amended or modified Terms, you may terminate your account but will have no other recourse toward us. 

    20. Assignment. We reserve the right to transfer, assign, sublicense or pledge these Terms, Policies, website, mobile app, and any and all other Services in whole or in part, to any person without your consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms. 

    21. Severability. If one or more of the provisions contained in these Terms or Policies is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or

    unenforceability will not affect any other provisions of the Terms or Policies, but these Terms and Policies will be construed as if such invalid or illegal or unenforceable provision had never been contained herein. 

    22. Local Terms and Conditions. In addition to the Terms and Policies, you will also be subject to all terms and conditions of the official state lottery and regulators governing the Ticket orders we are fulfilling on your behalf. 

    23. Responsible Play; Self Exclusion; Lottery Scams

    A. Self-Exclusion. You may exclude yourself from our Services (“Self-Excluded Person”) via the website or through the mobile app. In doing so, you will be prevented from using our Services while you are excluded. You can get instructions on how to self-exclude by contacting us at [email protected]

    B. Deposit and Spend Limits. You may set deposit and spend limits through the website or through the mobile app. This will prevent you from purchasing more Tickets than your spending limits allow. For instructions on setting limits, contact us at [email protected]. 

    C. Avoid Lottery Scams. You should be careful about potential scammers who may send 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 the official state lottery. This is a fraudulent claim and there is no such prize. Never respond to these communications and never provide information or send money to a scammer. 

    WARNING SIGNS OF A SCAM: 

    • The official state lottery does NOT know who the winners are until they come forward with a winning ticket. The lottery will not notify YOU, you will notify them. 

    • The official state lottery NEVER requires the payment of any money in order to claim a prize.

    • No one should ever send any money to pay a ‘processing fee’ or any other requested fee in order to claim a prize. 

    • 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. 

    If you suspect a scam, report it to the Federal Trade Commission at 1-877-FTC-HELP or at the FTC Consumer Information website. You should also contact the lottery in your Authorized Jurisdiction. 

    24. Licensed Courier. Lotto.com is licensed to provide its courier services within the Authorized Jurisdictions. Protect yourself and use a licensed courier. 

    Using an unlicensed courier service may expose you to fraud or other illegal activity. 

    25. Independent Courier. Lotto.com is not part of any official state lottery. No lottery guarantees or has any liability for Lotto.com's customer activities.

    State Specific Notifications 

    FOR NEW JERSEY CUSTOMERS 

    26. Reserved. 

    27. Official Lottery Information - NJ. Official game rules, results, and lottery information can be found here: https://www.njlottery.com/en-us/home.html. If you have questions or concerns about a lottery-related matter, lottery security can be contacted through the information here: https://www.njlottery.com/en-us/playingresponsibly/player-security.html. 

    28. Responsible Play - NJ. Information regarding responsible play in New Jersey is available at: https://www.njlottery.com/en-us/playingresponsibly.html. If you or someone you know has a gambling problem and wants help, call 1-800-Gambler

    FOR NEW YORK CUSTOMERS 

    Hotline: 1-877-8-HOPENY 

    Website: http://oasas.ny.gov/problem-gambling 

    To voluntarily self-exclude from all forms of gaming in New York, visit here 

    Scan here to talk with someone now about your gambling

    29. Official Lottery Information - NY. Official game rules, results, and lottery information can be found here: https://nylottery.ny.gov 

    30. Responsible Play - NY. Information regarding responsible play in New York is available here: 

    https://nylottery.ny.gov/page/responsible-gaming 

    http://oasas.ny.gov/problem-gambling 

    To voluntarily self-exclude from all forms of gaming in New York, visit https://gaming.ny.gov/gaming/Self_exclusion.php 

    If you think you or someone you know has a gambling problem, help is available in New York 24 hours per day by calling 1-877-8-HOPENY

    31. Adherence to New York State Gaming Commission Rules and Remedies. By utilizing this Site or service to purchase New York Lottery tickets or creating an account using the network of a courier service to place a request for courier services, all users agree as follows: (a) the user will be bound by the New York State Gaming Commission's regulations; (b) the user will release and hold harmless the courier service, the State and the New York State Gaming Commission from any liability related to a request for courier services to purchase tickets that is not completed before the

    drawing cutoff and never results in the generation of the tickets requested; and (c) that, in the event a dispute occurs as to whether a ticket generated to complete a draw game ticket purchase request in connection with a request for courier services placed through a network would have been a winning ticket had the ticket purchase occurred and no prize is paid, the New York State Gaming Commission may, at the New York State Gaming Commission's option, replace the ticket with a ticket equal in value to the price of the ticket that is the subject of the dispute, which remedy shall be the sole and exclusive remedy of the claimant against the New York State Gaming Commission. 

    32. Receipt is Not a Ticket. No courier customer request for courier service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued lottery ticket. A draw game ticket, in order to be a validly issued ticket, shall be generated by a lottery terminal authorized by the New York State Gaming Commission or be a printed instant ticket produced by the New York State Gaming Commission for sale. A ticket is not deemed validly issued when a request for purchase is made of a courier service, when such a request is acknowledged or when a courier customer makes a payment to a courier service. 

    33. Bet Ticket Responsibility. Lottery bet tickets are bearer instruments. The New York State Gaming Commission shall not be responsible for: (i) lost or stolen bet tickets; (ii) bet tickets claimed by a customer in error for a lower prize at a lottery sales agent; (iii) bet tickets that are not intact; (iv) bet tickets that are mutilated, altered, reconstituted, counterfeit in whole or in part, or tampered with in any manner, or mis-cut; or (v) bet tickets that have not been issued in an authorized manner, or are mis-registered, defective, or printed or produced in error. 

    34. Instant Ticket Responsibility. An instant lottery ticket is a bearer instrument. The New York State Gaming Commission shall not be responsible for lost or stolen instant lottery tickets. The New York State Gaming Commission shall not be responsible for tickets claimed by a customer in error for a lower prize at an agent location. 

    35. Courier Independent Obligations. Customers should take care to ensure the safekeeping of lottery tickets and not to risk claim complications by disseminating images of purchased tickets. The New York State Gaming Commission is not responsible for the courier service's failure to deliver or delay in delivering any lottery ticket to a courier customer. Further, the New York State Gaming Commission is not responsible for any acts, omissions or errors a courier service may make that cause a lottery ticket to fail to meet the New York State Gaming Commission's ticket validation requirements.