Last Updated: July 12, 2023
These Jackpot Terms of Service (“Terms of Service”) explain the terms that apply to you when you visit, access, create an account, or otherwise use Lottomatrix USA LLC and Lottomatrix NY LLC d/b/a Jackpot (collectively referred to in these Terms of Service as “Jackpot”, “we”, “us”, and “our”) website located at [www.jackpot.com] (the “Site”), the Jackpot mobile application (the “App”), and the services, content and other materials made available through the Site and/or the App (collectively the “Services”).
WHEN ORDERING A LOTTERY TICKET THROUGH JACKPOT SERVICES, YOU ARE PLACING AN ORDER FOR A LOTTERY TICKET AND NOT PURCHASING A LOTTERY TICKET DIRECTLY. AS A SERVICE PROVIDER, JACKPOT ACTING ON YOUR BEHALF AND AS THE RETAILER’S AUTHORIZED AGENT FOR ACCEPTING PAYMENTS FROM YOU, (AS DEFINED HEREIN) WILL FULFILL YOUR ORDER THROUGH A LICENCED RETAILER IN THE AUTHORIZED JURISDICTION WHERE YOUR ORDER WAS PLACED.
To help you understand these Terms, the below words in capital letters will have the following meaning:
"Authorized Jurisdiction” means any territory which is listed in Jackpot Authorized Jurisdictions as made available time by time HERE. If you are not physically located in the Authorized Jurisdiction, and/or if you do not agree to these Terms of Service you are prohibited from using the Services.
"Player(s)”: refers to any person of at least 18 years old who has registered on the Site and/or App and holds a Player Account (also referred to as “you" or “your”).
"Player Account”: The Player Account is a personal account created by a private individual (“The Player”) allowing him/her to access the Site and/or App and use the Services under the conditions defined in the present Terms of Service.
“Redemption Thresholds”: is the maximum dollar value for which a Winning State Lottery Ticket may be redeemed at a retailer for cash. This varies by state, so please check your Regulator’s official website for this value.
“State Lottery” means an official lottery game from an Authorized Jurisdiction (e.g. Powerball).
“State Lottery Ticket Draw” means the specific State Lottery drawing that you are ordering the State Lottery Ticket to enter using the Services.
“Winning State Lottery Ticket” means any State Lottery Ticket you have placed through the Services that wins a prize after prizes values are announced.
“Withdrawable Credits” the amounts credited to your Player Account in connection with Winning State Lottery Tickets.
The Service is intended to facilitate the purchase of State Lottery Tickets of the state-operated lottery (the “State Lottery”) in the Authorized Jurisdiction where you are located. You must be physically located in the Authorized Jurisdiction to order State Lottery Tickets of the State Lottery of that Authorized Jurisdiction where you are physically located (such tickets, “State Lottery Tickets”). As further described in these Terms of Service, as a registered user of the Service, you can place orders for State Lottery Tickets through the Service. If you place an order for State Lottery Tickets through the Service, Jackpot is responsible for fulfilling the purchase of the applicable State Lottery Tickets from a licensed retailer in the Authorized Jurisdiction where the purchase occurs. JACKPOT IS PROVIDING THE SERVICES AS A SERVICE PROVIDER AND IS NOT A LICENSED RETAILER OF STATE LOTTERY TICKETS, OR AFFILIATED WITH, OR ENDORSED BY, ANY STATE LOTTERY OR OTHER GOVERNMENT AGENCY.
We reserve the right to modify these Terms of Service from time to time. We will notify you of any material changes to these Terms of Service the next time you visit and/or access the Site by means of an appropriate message and/or via email, in advance of such changes taking effect. We suggest you check this page each time you access the Services so you are aware of any changes, as they are binding on you.
If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service, however, any dispute between you and Jackpot that arose before the modification shall be governed by the Terms of Service that were in effect when the dispute arose. If you do not agree with the proposed changes, you should discontinue your use of the Service. Further information as to how close your Player Account can be found under Section 13.
To access and use the Services you need to create a personal Player Account using the registration form. Each Player is authorized to open only one (1) Player Account and it is not possible to use the Services without an active Player Account.
To be eligible to register a Player Account to use the Services you must during the Player Account creation and throughout the duration of your use of the Services:
To create a Player Account, you can either access the Site and simply click on the “Log in” button and follow the instructions on screen. Or download our App and complete the online registration process. You will need to supply the following personal information:
When registering via the Site and/or the App you will be prompted to verify your phone number via SMS code to activate your Player Account. By accepting these Terms of Service, you agree to receive SMS messages at the mobile phone number you provide to Jackpot.com and consent to verify your phone number by SMS message or by our Customer Support Agents calling you at the number you provide.
If you do not respond or we cannot reach you via the phone number you provided, then we may suspend your Player Account until we are able to verify your mobile phone number. If you need to update your mobile phone number associated with your Player Account, simply log to your Player Account, and update your mobile number. We will need to re-verify your mobile phone number through a SMS message or phone call.
If you do not meet all of these requirements, you must not create a Player Account through the Service. We reserve the right to verify that you meet these eligibility requirements and reserve the right to prevent your creation of a Player Account through the Service, suspend your ability to use the Service, and/or terminate your Player Account, if we determine that you don’t meet these.
In addition, you agree to maintain and promptly update your Player Account information in the event of any changes to the applicable information. You may modify your Player Account information by logging into your Player Account and updating the applicable information. If you have any questions about the registration process or updating your Player Account information, please contact customer service at firstname.lastname@example.org.
As part of the Player Account registration, we must verify your age prior to activating your Player Account and enabling you to use the Services. By accepting these Terms of Service, you agree that we shall be entitled from time to time to conduct such age and identity verification checks that we may choose to do and/or are required to do according to applicable laws, via our 3rd party providers or our Customer Support Agents.
We reserve the right, in our sole discretion, should we not be able to verify your age through automatic means upon registration, to request copies of your identification documents to verify and authenticate that you are of legaly of age, this is aged 18 or over. If any of these verifications have not been satisfactorily completed, we may: (i) close your Player Account; or (ii) restrict your access to Services until verification has been successfully completed.
For further information regarding the documents, we may request to verify your age and identity please visit our section Documents, What and When HERE.
As part of our verification system, when registering for a Player Account, affecting deposits, requesting withdrawals, pay out of winnings and/or ongoing monitoring of your Player Account, we may ask you to provide us with certain documents required for our “Know Your Customer” process (“KYC Documents”). You may be asked to provide copy of your Passport, Identity Card, driving License, or government ID, to verify your identity, Utility Bills, Bank Statements, to be used as proof of address, or proof of payment details, evidence of source of income and/or source of wealth, as determined by Jackpot. We may ask you to provide us with updated KYC Documents in case such expire and with certified/notarized copies of your KYC Documents if required to verify their authenticity and to comply with statutory and/or regulatory requirements, including but not limited to Anti Money Laundering requirements. It should be noted that Players have thirty (30) days to send us their KYC Documents, once a request for such has been made, and no withdrawals will be permitted until all KYC Documents have been received and approved by us. If a Player fails to comply with our requirement to provide KYC Documents during a consecutive period of thirty (30) days upon receipt of Jackpot’s request received by email, we may: (i) temporarily block and restrict your access to the Website and/or the Services until the KYC Documents are provided, approved and the verification has been successfully completed; (ii) terminate the relationship with such Player.
Further information on the necessary KYC Documents we need you to provide us with to complete the verification of your Jackpot Player Account is available HERE.
You acknowledge and agree that Jackpot may send you emails containing information about your Player Account, your activity, lottery products, as well as promotions. 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 and send you emails pertaining to your Player Account activity.
By creating a Player Account through the Service, except as otherwise prohibited by applicable law, you hereby grant Jackpot a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, transferable and worldwide license to use your full name, city, state, image, and details of the game(s) you won, in connection with the promotion and advertising of the Service, our products, or our business, in any media formats and through any media channels now known or subsequently created, without additional compensation or notification to, or permission or approval by, you, except as required by applicable law.
The Company reserves the right to prohibit use of the Service if you fall into any of the categories set forth below (the “Excluded Parties”). If you create a Player Account through the Service, and we discover or suspect that you are an Excluded Party, we may immediately terminate or suspend your Player Account, withhold your Player Account balance, revoke your right to any State Lottery Tickets or corresponding prizes, and refuse any and all current or future use of the Service, as determined by us in our sole and absolute discretion. Each of the following constitutes an Excluded Party:
Jackpot further reserves the right to change the scope of the Excluded Parties, and/or exclude any person or entity from opening a Player Account or using the Service in its sole and absolute discretion.
By using the Services either via the Site and/or the App you undertake:
Furthermore, you agree that you are solely responsible for the actions and communications performed or transmitted via the Site, App and from your Player Account.
You declare and warrant that:
You are responsible for maintaining the confidentiality of the password associated with your Player Account and for restricting access to your password, computer, and mobile device while logged in to the Service. You accept responsibility for all activities that occur under your Player Account or from your computer or mobile devices. You agree to immediately notify us of any unauthorized use of your Player Account or password, or any other breach of security, or fraudulent activity relating to your Player Account and confirm that you understand all risks of unauthorized access to your Player Account and any other information or content you provide to Jackpot.
Jackpot will not be liable for any loss that you may incur as a result of someone else using your Player Account. Your Player Account may only be used by you, and you may not share your Player Account with, or transfer your Player Account to, any other individual or entity. If Jackpot knows or suspects that you have been sharing your Player Account, or that you have transferred your Player Account, any other individual or entity in violation of these Terms of Service, Jackpot may immediately terminate or suspend your Player Account, withhold your Player Account balance, revoke your right to any State Lottery Tickets or corresponding prizes, and refuse any and all current or future use of the Service, as determined in Jackpot’s sole and absolute discretion. The name on any State Lottery Ticket order that you make through the Service must match the name on your Player Account. If there is a dispute regarding the holder of an applicable State Lottery Ticket, the individual whose name is associated with the Player Account through which the State Lottery Ticket was ordered shall be deemed the holder of the applicable State Lottery Ticket. If you need to update the name associated with your Player Account, please contact us at email@example.com.
If you want to close your Player Account, please send an email to our Customer Support team at firstname.lastname@example.org. You Player Account closure will take effect upon our closing of your Player Account, which shall occur within seven (7) business days after our receipt of your email. Your email will be deemed “received” only after a confirmation email is sent to you, and we will start counting the 7-day period from this point. During the pre-closing period, you shall remain responsible for any activity on your Player Account. This right is separate from your right to exclude yourself from the Website and/or the Services, which will also involve us temporarily blocking your Player Account for a limited time or permanently, as chosen by you.
Please note that if you want to close your Player Account because you believe you have problems controlling your gambling, you should refer to our Responsible Gambling resources set out HERE.
In case your Player Account was closed at your request and/or at our discretion with a positive balance, we shall automatically proceed to refund your outstanding Player Account balance either i) through your last active payment method used to deposit or ii) by means of a wire bank transfer should the refund as detailed in the previous point iii) should not be possible. Notwithstanding this, we actively suggest you to contact our Customer Support team following your Player Account closure to request a refund to recover your outstanding Player Account balance. If the refund through the same payment method originally used to deposit is not possible, we can return your funds to your bank account held in your name by bank wire transfer. In this event, our Customer Support team may contact you to request additional documents, to verify the ownership of the bank account and your identity prior to processing your refund through bank wire transfer.
If we suspend and/or terminate your Player Account, we have the right to withhold the whole or part of your balance and/or recover from the Player Account balance the amount of any deposits, withdrawals, winnings, promotional credits, and/or revoke your right to any State Lottery Tickets or corresponding prizes, which have been affected by or are in any way attributable to any of the events which caused the suspension or termination of your Player Account and refuse all current or future use of the Services (or any portion thereof).
Where a Player Account is suspended for the above reasons, the relevant Player should contact our Customer Support team at email@example.com. Whilst your Player Account is suspended, your balance shall be blocked, and all monies that are deposited/wagered prior to this will not be returned to you nor will we pay out any Winnings to you, until the suspension reasons are solved.
We reserve the right to:
The rights set out in this clause do not affect any other rights we may have against you, under these Terms of Services or otherwise.
If Players think they need a time out and/or pause they can block their Player Account at any time by choosing between a Time Out or a Self-Exclusion.
In order to request a Time Out and/or a Self-Exclusion Players may use the respective facility in ‘My Account’ section on the Website. Please note that if you believe you have problems controlling your gambling, you should refer to our Responsible Gambling resources set out HERE.
Jackpot is a member of the National Council on Problem Gambling (NCPG). We are certified for responsible gaming through NCPG’s assessment program (iCAP). If you need additional support, the National Council on Problem Gambling (NCPG) offers a number of resources on their website located at https://www.ncpgambling.org/, as well as 24-hour confidential helpline at 1-800-522-4700.
In addition to our own internal self-exclusion facility, we are registered with the self-exclusion service provided by the New York State Gaming Commission Program which Players based in the New York may utilize in accordance with the following.
You may request for a voluntary Self-Exclusion from all gaming facilities and entities, licenses, permitted or registered by the New York State Gaming Commission by completing the form made available by the NYS here to be then mailed to:
New York State Gaming Commission
Director of Education & Community Relations
PO Box 7500
Schenectady, New York 12301-7500
For further information in regard to Responsible Gaming Resources including self-assessment tools please visit the New York State Gaming Commission Responsible Gaming Program here.
A. License to use the Service. Subject to you complying with these Terms of Service, and, if applicable, your payment of the fees that are applicable to your use of the Service, Jackpot grants you a limited, revocable, non-exclusive, non-transferable right to receive, access and use the Service for your personal, non-commercial purposes.
B. Reservation of Rights. You acknowledge and agree that the Service is licensed, and not sold, to you. Jackpot and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.
C. Company Content. Except with respect to your User Content (as defined below) and the User Content of other users of the Service, we own (and you acknowledge that we own) all right, title, and interest in and to: (1) the Service and all related intellectual property, including the “look and feel” of the Service and all software, ideas, processes, data, text, media, and other content available on the Service (individually and collectively, “Company Content”); and (2) our trademarks, logos, and brand elements (“Marks”). The Service, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Service, Jackpot Content and the Marks.
D. Equipment. You are solely responsible for procuring any equipment and software that is necessary for your use of the Service. 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 you access and use the Service.
A. App Access. You acknowledge and agree that the availability of the App may be dependent on third party websites or mobile applications from which you download the App (e.g., the Apple App Store or Google Play Store) (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and Jackpot and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third-Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third-Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
B. App Updates. From time to time, Jackpot may in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). You agree that Jackpot has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. However, if Jackpot does provide any Updates, depending on the settings of your mobile device, (1) the App may automatically download and install all available Updates, or (2) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the App or portions thereof may not function property if you do not promptly download and install all Updates. You further agree that all Updates will be deemed part of the App and be subject to these Terms of Service.
C. Mobile Device Service Charges. You acknowledge and agree that you are solely responsible for any charges incurred by you with your mobile provider as a result of your use of the Service through the App, including any overage and penalties assessed for exceeding the limits imposed by your service provider.
A. Jackpot is a Service Provider and Not a Retailer. Jackpot Services enables you to order State Lottery Tickets which we then purchase from licensed retailers on your behalf. You acknowledge that Jackpot has an agreement with the retailer granting Jackpot the right to act as the retailer’s authorized agent for the purpose of accepting payment from you, owed to the retailer by you when purchasing State Lottery Tickets offered by the retailer through our Services. You agree that Jackpot is not a retailer with respect to the sale of State Lottery Tickets through the Service, and you hereby appoint Jackpot as your agent to purchase State Lottery Tickets and to claim low-tier (under $600) prizes on your behalf. As a service provider and acting on your behalf, Jackpot will fulfill orders for State Lottery Tickets you place through the Service through a licensed lottery retailer in the Authorized Jurisdiction where the order was placed. If you place an order for State Lottery Tickets through the Service, you are engaging us to purchase the applicable State Lottery Tickets on your behalf, and you are not purchasing the State Lottery Tickets directly. By creating a Player Account through the Service, and ordering State Lottery Tickets through the Service, you authorize Jackpot, as your agent and for and on your behalf, to purchase, possess and store State Lottery Tickets on your behalf, and to redeem low-tier (under $600) Winning State Lottery Tickets on your behalf.
B. Funding your Player Account. To order State Lottery Tickets through the Service, you must first fund your Player Account. See “Deposit” in Section 22 below.
C. Order Process. If you have an active Player Account and sufficient funds, you may place orders for State Lottery Tickets using the Service by following the purchase instructions on the Service. Once you have placed your order through the Service, Jackpot will purchase your State Lottery Tickets from a licensed lottery retailer for the applicable lottery drawing and will upload an image of your State Lottery Tickets to your Player Account. Your Player Account balance will be debited in the amount of your purchase. If for any reason Jackpot is unable to purchase the State Lottery Ticket you have ordered before the official cutoff time for the relevant State Lottery Ticket Draw, you will receive a full refund. IN ALL CIRCUMSTANCES, JACKPOT IS NOT RESPONSIBLE FOR PAYING OUT PRIZES IN THE RARE CASE THAT THE STATE LOTTERY TICKET WAS NEVER PURCHASED.
If you submit your order by the Order Deadline, we will use commercially reasonable efforts to purchase the State Lottery Tickets you have ordered on your behalf. A State Lottery Ticket, to be a validly issued State Lottery Ticket, must be generated by a lottery terminal at a licensed State Lottery Retailer authorized by the applicable Regulator. Once we have uploaded an image of your State Lottery Tickets to your Player Account, it is your responsibility to review the applicable State Lottery Tickets to ensure that they are consistent with your order. Once we have purchased your State Lottery Tickets on your behalf, you will be the sole owner of the applicable State Lottery Tickets. Jackpot will act as a bailee of the State Lottery Tickets and will not be the owner of any State Lottery Tickets. If you determine that the State Lottery Tickets that are uploaded to your Player Account are inconsistent with your order, please contact us immediately at firstname.lastname@example.org. If you identify an issue with your State Lottery Tickets, we will use commercially reasonable efforts to resolve your issue as we determine appropriate in our sole discretion. If for any reason there is an error relating to your order, our only obligation and liability, and your sole and exclusive remedy, is a refund of the cost of the applicable State Lottery Tickets to your Player Account.
D. Subscriptions. The Service may allow you to participate in subscriptions pursuant to which orders for State Lottery Tickets will be automatically placed on your behalf at designated intervals and/or based on specified criteria. If you elect to sign up for a subscription, the Service will prompt you to provide the information necessary for Jackpot to fulfill subscription orders for State Lottery Tickets on your behalf. This information may include the number of State Lottery Tickets that will be included in each order, the type of State Lottery Tickets that will be included in each order (e.g., self-pick or quick pick), a minimum jackpot threshold, and the frequency of your orders. Jackpot will use commercially reasonable efforts to purchase State Lottery Tickets on your behalf in accordance with the information you provide in connection with you your subscription. If for any reason, Jackpot is unable to, or fails to, purchase State Lottery Tickets in accordance with the requirements of your subscription, our only obligation and liability, and your sole and exclusive remedy, is a refund of the cost of the applicable State Lottery Tickets to your Player Account with the Service.
E. Inability or Failure to Purchase a State Lottery Ticket. We will use commercially reasonable efforts to purchase applicable State Lottery Tickets on your behalf before the official Regulator cutoff time for the applicable State Lottery Ticket Draw. If for any reason, Jackpot is unable to, or fails to, purchase the State Lottery Tickets you have ordered before the official Regulator cutoff time for the applicable State Lottery Ticket Draw, our only obligation and liability, and your sole and exclusive remedy, is a refund of the cost of the applicable State Lottery Tickets to your Player Account.
IN ALL CIRCUMSTANCES, JACKPOT IS NOT RESPONSIBLE FOR PAYING OUT PRIZES IF FOR ANY REASON YOUR APPLICABLE ORDER ISN’T FULFILLED AND AN APPLICABLE STATE LOTTERY TICKET IS NOT PURCHASED ON YOUR BEHALF.
F. Service Fees and State Lottery Ticket Purchases. As a technology service provider, Jackpot will charge a service fee in connection with your use of the Service. Jackpot will charge you a service fee each time you deposit funds in your Player Account with the Service. The service fee that applies to your use of the Service will be a percentage of the funds that you deposit into your Player Account. The applicable percentage will be notified to you at the time you elect to register a Player Account through the Service, or will otherwise be notified to you through the Service. Jackpot will automatically withdraw applicable service fees from your Player Account with the Service. Jackpot’s charge for the Service is not related to your purchase of State Lottery Tickets, if any. Jackpot will use the funds in your Player Account with the Service to pay the licensed lottery retailer the associated payment amount for the State Lottery Tickets you have ordered. Jackpot does not charge any fees based on your placement of orders for State Lottery Tickets, or on any winnings or distributions you may receive in connection with State Lottery Tickets ordered through the Service.
H. Restriction on Free State Lottery Ticket Promotions. For customers located outside of New York, Jackpot does not honor free State Lottery Ticket promotions offered by state lottery operators. For example, sometimes a state lottery will offer a promotion stating that if you buy a specified number of State Lottery Tickets for a particular lottery, you will get an additional quick pick for free. However, if you submit an order through the Service for the specified number of State Lottery Tickets, you will receive the State Lottery Tickets that you ordered, but you will not you will not receive the additional quick pick.
A. Self-Pick State Lottery Tickets. The Service may allow you to pick the numbers that you want with respect to the State Lottery Tickets that you order through the Service. If you pick the applicable numbers, we will use commercially reasonable efforts to pick these numbers on your behalf. If for any reason, Jackpot is unable to purchase, or fails to pick, the numbers you have specified, our only obligation and liability, and your sole and exclusive remedy, is a refund of the cost of the applicable State Lottery Tickets to your Player Account.
B. Quick Pick State Lottery Tickets. The Service may allow you to order pseudo-random State Lottery Ticket plays or “quick picks”. By using the Service, you understand and acknowledge that the randomization process for any quick pick State Lottery Tickets is seeded by the timestamp of its initial generation request (as recorded by the Service) and, as such, cannot be classified strictly as a true random number. You further acknowledge and agree that Jackpot is not responsible for the numbers chosen for any of the pseudo-random State Lottery Ticket plays that you order through the Service.
IN THE EVENT YOU PROVIDE AN INCORRECT MAILING ADDRESS OR YOUR SCRATCH-OFF STATE LOTTERY TICKETS ARE OTHERWISE LOST OR NOT DELIVERED, JACKPOT SHALL HAVE NO LIABILITY FOR LACK OF DELIVERY, INCORRECT DELIVERY OR MISPLACEMENT OF ANY SCRATCH-OFF STATE LOTTERY TICKET, ONCE THE APPLICABLE STATE LOTTERY TICKETS ARE PROVIDED TO THE THIRD-PARTY DELIVERY PROVIDER. SCRATCH-OFF TICKETS ARE LIMITED BY THE AVAILABILITY OF THE LICENSED RETAILER. IN THE EVENT THERE IS NO INVENTORY OF A REQUESTED SCRATCH-OFF STATE LOTTERY TICKET, YOUR ORDER WILL BE REJECTED. ALL ORDERS PLACED FOR SCRATCH-OFF TICKETS THAT ARE NOT REJECTED ARE FINAL.
C. Lottery Pools. The Services may allow you to purchase groups of State Lottery Tickets with other users for which the applicable prizes will be shared among you and the applicable other users (each, a “Lottery Pool”). By participating in any Lottery Pool, you agree to the terms in this Section 20(D) and as well as the terms of our Lottery Pool Prize Sharing Agreement, located at [____________] (the “Prize Sharing Agreement”). To participate in a Lottery Pool where only users that are part of a private group are permitted to participate, you must be a member of the applicable private group. Each Lottery Pool is for one specific lottery and for one lottery drawing. Lottery Pools may only be available for certain lotteries. The Services will specify the lotteries for which Lottery Pools are available. Winning State Lottery Tickets for Lottery Pools where the total prize value is less than or equal to the Redemption Threshold will be redeemed by Jackpot on behalf of the users that are part of the applicable Lottery Pool in the same manner as State Lottery Tickets are redeemed for individual Winning State Lottery Tickets. All prizes that are won with respect to a Lottery Pool will be divided among the Lottery Pool members in accordance with the Prize Sharing Agreement. Jackpot in its sole discretion may rename any Lottery Pool private group, if Jackpot determines that the private group name is offensive or otherwise objectionable.
Jackpot does not offer any credit facility, so if you want to use our Services you must deposit funds into your Player Account. To request a deposit, you should click the “Deposit” button on the Website and follow the instructions. All deposits requests are processed directly up to a maximum of 24 hours, subject to completing and satisfying the identity and age verification checks as set in Sections 6 and 7. Jackpot makes available a long list of payment methods to process your deposit, offer which may differ based on the State from which you are using the Services.
You can only deposit funds into your Player Account up to a daily amount of $150 from a source where you are the named account holder, such as your own bank account, credit/debit card and/or payment method, unless you provide valid and verifiable reasons for it being different from the name used when registering, or by a payment method which is secured by a pin code, password, or another identity verification process. You may change your payment method, provided we are satisfied that the applicable verification checks set out in Section 7 above are met. In cases where we identify that your chosen payment method does not meet the foregoing requirements, we may treat any deposits into your Player Account as being invalid and any Orders made with such deposit as being void and we will return all such deposited amounts to the source from which they were received by us.
Depending on the payment method selected, deposits can incur charges or processing fees from third parties. Your bank may independently charge you for bank wire transfers and other payment methods. You hereby accept to be responsible and solely bear all charges, costs and/or fees incurred by you when executing a deposit. Any third-party bank and payment processing charges and fees incurred are borne by you and we are entitled to debit your Player Account accordingly.
It is your responsibility to inform us without delay should any funds be credited to your Player Account and/or bank account by error. We shall recover such funds from the Player Account by adjustment and you hereby accept to transfer upon receipt of Jackpot request all amount transferred by error to your bank account.
Jackpot offers a variety of ways to fund your Player Account. Regardless of your chosen funding method, you must ensure that the name on any State Lottery Ticket order you place through the Service always matches the name associated with your applicable funding method. If there is a dispute regarding the identity of the State Lottery Ticket holder, the authorized holder of the applicable funding method will be deemed the State Lottery Ticket holder.
Further information on all deposit options are available HERE.
A. FUNDING WITH A DEBIT CARD
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 of Social Security number I provided is correct, 2) I am not subject to backup withholding because: a) I am exempt from back up 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 withhold”.
You must ensure that your name on any State Lottery Ticket you place through the Services always matches your debit account name. The authorized debit account holder will be deemed the State Lottery Ticket holder in the event of any dispute.
B. FUNDING WITH PAYSAFE OR SKILL
You authorize Jackpot to share your identity and Player Account data with Paysafe and/or Skill, as applicable, for the purposes of opening and supporting such account, and you are responsible for the accuracy and completeness of that data.
You must ensure that your name on any State Lottery Ticket you place through the Service always matches your Paysafe or Skrill account name, as applicable. The authorized account holder will be deemed the State Lottery Ticket holder in the event of any dispute.
C. FUNDING WITH PAYPAL OR VENMO
You consent Jackpot to share your identity and Player Account data with Paypal and/or Venmo, as applicable, for the purposes of supporting such account, and you are responsible for the accuracy and completeness of that data.
You must ensure that your name on any State Lottery Ticket you place through the Service always matches your Paypal and/or Venmo account name, as applicable. The authorized account holder will be deemed the State Lottery Ticket holder in the event of any dispute. Furthermore, your funding source used through PayPal and/or Venmo must be a permitted funding source for ordering lottery tickets in the jurisdiction in which you place your order.
If we incur any chargebacks, reversals, or other charges in respect of your Player Account, we may charge you for the relevant amounts incurred. You will be notified through the Service if you will be charged any of these fees, and we may deduct these fees from your account if your Player Account has sufficient Withdrawable Credits to cover the applicable amounts. If you do not have sufficient Withdrawable Credits in your Player Account to cover the applicable amounts, you will be restricted from placing any additional orders for State Lottery Tickets through the Service until you have paid Jackpot the applicable amounts, and we may restrict your ability to withdraw Withdrawable Credits from your Player Account. In addition, we may suspend or terminate your Player Account in our sole discretion if there are repeated disputed charges, chargebacks, and/or insufficient fund issues relating to your Player Account. You agree that you will not make or attempt to make any chargebacks and/or deny or reverse any payment that you have made, and you hereby agree that you will reimburse us fully for any charge backs, denial or reversal of payments you make and any loss (including bank penalty charges) suffered by us as a consequence thereof.
A. Withdrawable Credits. When there is a Winning State Lottery Ticket with a prize value less than or equal to the Redemption Thresholds of the Authorized Jurisdiction, you will be credited with Withdrawable Credits that will be transferred to your Player Account on a 1:1 ratio to U.S. dollars. The Authorized Jurisdictions where Jackpot.com offers its Services impose a Redemption Threshold amounting to $600. The payment of a prize in an amount of $600 or more may only be made by the director of the relevant State Lottery of the Authorized Jurisdiction. We will use commercially reasonable efforts to ensure that the applicable Withdrawable Credit is transferred to your account within 3-5 business days following the date when the winning State Lottery Ticket is first eligible for redemption, however, it may take longer due to circumstances not within Jackpot’s control. If a Withdrawable Credit is not available in your account within five (5) business days, please contact us at email@example.com for additional assistance.
B. Payout of Withdrawable Credits. Withdrawable Credits may be withdrawn from your Player Account at any time by following the withdrawal process in the Service. Requests to withdraw Withdrawable Credits must be at least $10 per request and may not be for more than $1000 per a request. When you withdraw Withdrawable Credits from your Player Account, they will be transferred to the eligible payment account you have specified for purposes of receiving payments through the Service. If you have any questions about the withdrawal process, please contact us at firstname.lastname@example.org. In the event of your death, all available Withdrawable 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. Jackpot may, in its sole discretion, require proof and documentation to establish that you are deceased and the individual or entity claiming the Withdrawable Credits is entitled to them before paying the applicable Withdrawable Credits.
C. Refunds and Cancellations. Except as expressly set forth in these Terms of Service, all sales of State Lottery Tickets through the Service are final and are ineligible for refund or cancellation at any time. Except as expressly set forth in these Terms of Service, Jackpot is not responsible for refunding you for any orders placed from your Player Account, including but not limited to, any orders you may claim were placed inadvertently, by mistake, or by accident. Please review each order carefully before submitting it to the Service. In addition, if we are unable to verify or authenticate any information you are required to provide pursuant to these Terms of Service, or that is otherwise required to use the Service, including applicable payment account information, we will have the right to suspend your Player Account and terminate any orders you have placed and/or terminate your Player Account in our sole discretion.
A. Winning State Lottery Tickets. Once the applicable Regulator has completed the applicable State Lottery Ticket drawing and issued the final prize results, Jackpot will notify you through the Service if one or more of the State Lottery Tickets you ordered through the Service is a winning State Lottery Ticket. If one or more of your State Lottery Tickets is a winning State Lottery Ticket, and the prize value is less than or equal to the applicable Redemption Threshold, we will automatically credit your Player Account with the amount of the prize value. If any of your winning State Lottery Tickets has a prize value worth more than the Redemption Threshold, we will arrange for the applicable State Lottery Ticket to be delivered to you, or for you to pick up the applicable State Lottery Ticket, as further described below. In all cases, prize claims made through the Service are subject to the prize payout rules and regulations set forth by the Regulator in the applicable Authorized Distribution.
B. Winning State Lottery Tickets with Prizes Totaling Less Than or Equal to the Redemption Threshold. By using the Service, you authorize Jackpot to store State Lottery Tickets and claim winning State Lottery Tickets with prize totals that are less than or equal to the Redemption Threshold in the Authorized Jurisdiction of purchase. Following the applicable time that Jackpot claims a prize for a winning State Lottery Ticket on your behalf, Jackpot will deposit the full prize value into your Player Account in the form of Withdrawable Credits. Neither Jackpot nor the authorized retailers from which Jackpot collects these prizes will withhold any applicable taxes on your behalf. These Withdrawable Credits may be converted to U.S. dollars and withdrawn from your Player Account. You may also retain Withdrawable Credits in your Player Account and use them towards future orders through the Service. You are ultimately responsible for paying any tax liability associated with claims made through the Application for Winning State Lottery Tickets with prizes that are less than or equal to the Redemption Threshold in the state of purchase. The Redemption Threshold for the Authorized Jurisdiction where Jackpot.com offers its Services is $600. Please check the Regulator’s official website for more information.
C. Winning State Lottery Tickets with Prizes Greater than the Redemption Threshold. If you have a prize claim for a winning State Lottery Ticket that is greater than the Redemption Threshold ($600) we will deliver the applicable winning State Lottery Ticket either (a) via a nationally recognized courier or mail service at Jackpot’s expense, or (b) by hand at our processing location in the Authorized Jurisdiction. You authorize Jackpot to store applicable winning State Lottery Tickets on your behalf until delivery or pick up, as applicable.
D. Restrictions on Claiming Winning State Lottery Tickets. You are prohibited from claiming, or attempting to claim, any winning State Lottery Tickets in any manner that is inconsistent with the terms of this Section 25. In the event you claim, or attempt to claim, any winning State Lottery Ticket in a manner that is inconsistent with this Section 25, you agree that Jackpot will have no liability to you with respect to the applicable winning State Lottery Ticket, including, without limitation, the obligation to deposit any Withdrawable Credits associated with the applicable winning State Lottery Ticket into your Player Account. Additionally, in the event that you and Jackpot both claim the prize for any winning State Lottery Ticket, Jackpot reserves the right to immediately remove any associated Withdrawable Credits from your Player Account and suspend or terminate your Player Account.
E. Winning State Lottery Ticket is a Bearer Instrument. State Lottery Tickets you purchase through the Service are “bearer instruments” within the meaning of all applicable law, such that the holder of the State Lottery Ticket is presumed to be the owner of the State Lottery Ticket with all applicable rights in the ticket and its proceeds. Therefore, if you obtain possession of your winning State Lottery Ticket, please take precautions to ensure that you do not lose your winning later ticket or allow others to take possession of your winning State Lottery Ticket. Jackpot attempts to mitigate this risk by placing the winning user’s name on the back of each State Lottery Ticket following the applicable State Lottery Ticket being deemed a winning ticket, however Jackpot cannot be held responsible for any lost or stolen winning State Lottery Tickets or other State Lottery Tickets that, for whatever reason, do not remain in your possession following delivery to you.
F. Tax Obligations. Neither Jackpot nor the authorized retailers from which Jackpot claims applicable prizes will withhold any applicable taxes on your behalf. You are solely responsible for paying any tax liability associated with prize claims made through the Service for winning State Lottery Tickets with prizes that are less than or equal to the Redemption Threshold in the applicable Authorized Jurisdiction. An applicable Regulator may withhold taxes from prize distributions for winning tickets with prize claims greater than the Redemption Threshold. Jackpot will not be liable for verifying the appropriateness or accuracy of taxes withheld from prize distributions for winning tickets, and you are solely responsible for ensuring that applicable taxes are correctly withheld or paid. 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.
A. Promotional Codes. Jackpot may from time to time offer promotional codes that you can use in connection with the Service. These promotional codes are only valid for the time period specified and are limited to the specific offer relating to the applicable promotional code. Each promotional code is limited to one use per user and may not be combined with any other promotions. Jackpot has no obligation for the payment of any taxes in connection with the distribution of, or your use of, any promotional code, and you are required to pay any applicable sales tax related to the use of any promotional code. Jackpot, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promotional code at any time for any reason without prior notice to you. Promotional codes are void where prohibited by law and only good while supplies last.
B. Referral Program. Jackpot may implement referral programs from time to time, where you will have the ability to refer new users to the Service. Any referred user must meet the eligibility requirements set forth in these Terms of Service and must not have previously created a Player Account through the Services or had a Player Account suspended or terminated by Jackpot. Jackpot shall have the right to determine in its sole discretion whether a referral qualifies.
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block you your use of the Service for violating these Terms of Service.
B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
A. Disclaimer of Warranties
(I) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE, JACKPOT CONTENT, USER CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE JACKPOT CONTENT, USER CONTENT, AND/OR OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
(II) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, JACKPOT CONTENT, USER CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SERVICE), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR ITEMS (INCLUDING WITHOUT LIMITATION COMPANY CONTENT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
(III) JACKPOT MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO ACCESS OR USE THE SERVICE AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH JACKPOT SHALL HAVE AUTHORITY TO MAKE ANY APPLICABLE REPRESENTATIONS OR WARRANTIES. JACKPOT DOES NOT INTEND FOR THE SERVICE TO BE USED BY PERSONS LOCATED IN JURISDICTIONS WHERE USE OF THE SERVICE IS PROHIBITED OR RESTRICTED. YOU AGREE THAT THE AVAILABILITY OF THE SERVICE DOES NOT CONSTITUTE AN OFFER, SOLICITATION OR INVITATION BY JACKPOT TO USE THE SERVICE IN ANY JURISDICTION WHERE THE SERVICE IS PROHIBITED OR RESTRICTED.
B. Limited Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, COMPANY CONTENT, USER CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. BY USING THE SERVICE, YOU HEREBY WAIVE ANY CLAIM AGAINST JACKPOT FOR, OR IN CONNECTION WITH, THE RECEIPT OF ERRONEOUS INFORMATION IN CONNECTION WITH THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT IN THE EVENT OF AN ERROR (CAUSED BY ANY MEANS, INCLUDING JACKPOT'S ERROR), JACKPOT IS ONLY LIABLE FOR THE PURCHASE PRICE OF THE APPLICABLE STATE LOTTERY TICKET.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Time to raise a Claim. You agree that regardless of any law to the contrary, any claims of cause of action arising out of or related to these Terms of Service or of any of the Services provided by Jackpot must be submitted to arbitration within one (1) year or such claim shall be forever barred. This one (1) year statute of limitations shall begin to run on the date of the alleged event giving raise to the claim or cause of action, unless otherwise provided by applicable law.
B. Initial Dispute Resolution. Jackpot is available by email at email@example.com to address any concerns you may have regarding your use of the Service. Before filing a claim against Jackpot you agree to try to resolve the dispute amicably by contacting firstname.lastname@example.org. We will use our best efforts to settle any dispute, claim, question, or disagreement directly with you within 45 days of submission. If a dispute is not resolved within these 45 days of submission you or us may bring a formal arbitration proceeding as described here below.
Please ensure to provide as much details as possible regarding the complaint, including but not limited to a description of your claim, date of the events occurred, amounts disputed if any, including any attachments which will help us understand your complaint, such as emails, screenshots of the issues and/or any other evidence to assist us solve your claim.
C. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of forty-five (45) days from the time informal dispute resolution is pursued pursuant to Section 30(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site and/or Products shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Jackpot will pay the additional cost. If Jackpot is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Jackpot will make arrangements to pay all necessary fees directly to JAMS. Jackpot will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Jackpot if you do not prevail in arbitration. Jackpot will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
D. Class Action and Class Arbitration Waiver. You and Jackpot each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Jackpot each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 30(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
E. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
F. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 30(B) and 30(C) by sending written notice of your decision to opt-out by emailing Jackpot at email@example.com. The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, Jackpot also will not be bound by them.
G. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 30(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 30, You agree that any litigation between You and Jackpot shall be filed exclusively in state or federal courts located in the State where You reside. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
H. Initiation of Mass Arbitration Before FedArb. Notwithstanding Section 30(B), if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in these Terms of Service. The FedArb Rules are available at https://www.fedarb.com or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb.
You and Jackpot agree that if either party fails or refuses to commence the Mass Arbitration before FedArb, you or Jackpot may seek an order from a court of competent jurisdiction compelling compliance with this Section 30(G) and compelling administration of the Mass Arbitration before FedArb. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Jackpot acknowledge that either party’s failure to comply with the provisions of this Section 30(G) would irreparably harm the other, and you and Jackpot agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section 30(G) are resolved by the court.
You agree to indemnify and hold Jackpot and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, arising out of or in connection with your use of the Service, or your violation of these Terms of Service and/or the terms and conditions that are applicable to your use of Third-Party Sites. However, you will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from Jackpot’s own negligent conduct. If you are obligated to indemnify Jackpot pursuant to this Section 31, Jackpot may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. You shall not settle, compromise or in any other manner dispose of any claim without Jackpot’s prior written consent. If you are obligated to provide indemnification hereunder, Jackpot may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.
You acknowledge and agree that the use of electronic signatures and electronic records in connection with the Service and these Terms of Service (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The Site is controlled and operated by Jackpot from its offices in New Burton Road, Suite 201, Dover, Kent 850, 19904. We do not make any representations that the Service will be available, legal, or appropriate for use in your location. Your use of or access to the Service should not be construed as Jackpot purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction.
These Terms of Service may not be modified except as set forth in Section 1. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
We may assign our rights under these Terms of Service without your approval.
All sections of these Terms of Service which by their nature are designed to survive expiration or termination of these Terms of Service or your use of the Site shall survive any applicable expiration or termination.
If you have any questions about these Terms of Service, your Player Account, your Player Account, or an order you have placed through the Service, please email us at firstname.lastname@example.org.
Effective Date: January 30, 2023
For Customers in New York: the following applies:
We are required to disclose to you the following terms of service prior to the creation of a Player Account and before placing any order through our Services:
“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 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 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.”
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:
Bet ticket responsibility.
(1) Lottery bet tickets are bearer instruments.
(2) The New York State Gaming Commission shall not be responsible for:
(i) lost or stolen bet tickets;
(ii) bet tickets claimed by a player 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 misregistered, defective, or printed or produced in error.
(a) An instant lottery ticket is a bearer instrument.
(b) The commission shall not be responsible for lost or stolen instant lottery tickets.
(c) The commission shall not be responsible for tickets claimed by a player in error for a lower prize at a lottery sales agent location.
Players shall take care to ensure the safekeeping of lottery tickets and not 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; and
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 commission’s ticket validation requirements.