Virginia Lottery Terms and Conditions

Lottery Services Portal
Mobile Application
Lottery Account

VIRGINIA LOTTERY SERVICES PORTAL TERMS OF USE

Acceptance of Terms

This website portal ("Portal") is operated on behalf of the Virginia Lottery (herein “Virginia Lottery,” "we" or "us") by the Virginia Lottery’s gaming system provider. This Portal is intended and authorized for use and access by official licensed Virginia Lottery Retailers ("Retailer") only. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Portal, including the Privacy Policy and any terms in relation to a specific service or feature on the Portal (collectively, "Terms of Use"), set forth the terms and conditions that apply to your use of the Portal. By using the Portal, you accept and agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Portal.

Your access to and use of this Portal is also subject to all applicable laws, rules, regulations, policies and procedures of the Virginia Lottery, which are incorporated herein by this reference and constitute an integral part of these Terms of Use. Only authorized Retailers who provide us with the requested information will be able to access and obtain Retailer reports, data and other information relevant to Retailer's account and status as a Retailer available by or through the Portal (as determined by us in our discretion), and/or otherwise participate in the Portal's activities and offerings ("Retailer Information"). Information collected by us through the Portal is subject to the Privacy Policy posted on the Portal and incorporated herein by reference. By interacting through the Portal, you agree and consent to conduct the transactions available through the Portal and to communicate with us regarding all such matters by electronic and other means contemplated herein. Please read these Terms of Use (including the Privacy Policy) carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Portal or any Retailer Information available through the Portal.

We can change or update these Terms of Use at any time without notifying you, and such changes or updates will be effective immediately upon posting. If you continue to use this Portal after such changes or updates are posted, you will be deemed to agree to such changes or updates. Unless otherwise indicated, any new products, features, information or services added to the Portal will also be subject to these Terms of Use and constitute Retailer Information. Please review the Portal and these Terms of Use periodically for changes and updates.

Please contact us as indicated under "How to Contact Us" if you have any questions or would like additional information.

Subject to compliance with these Terms of Use, we hereby grant you a limited, non-exclusive and revocable license to access and make use of the Portal and the Retailer Information available through the Portal solely for your internal business purposes as a licensed Retailer, but not to copy (other than page caching for your own use) or modify it, or any portion thereof. This license does not include any resale or commercial use or alternative display of the Portal or the Retailer Information.

You may not use, disclose, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Portal or any portion of the Portal or the Retailer Information, except for permitted uses as specified below. You may not alter, modify or tamper with the Portal in any manner whatsoever or circumvent our procedures regarding access to or use of the Portal, or attempt to do any of the foregoing. Further, as a condition to your use of and access to the Portal, you represent and warrant that all affidavits, statements, information, certifications, representations, warranties and covenants set forth in and/or as part of the Retailer Application, Retailer Contract, including any Addendum, and Retailer Rules and Regulations, are true and accurate in all material respects. You further represent and warrant that all information provided through the Portal is and will be submitted by you as the licensed Retailer or by your duly authorized representative, and is and will be true, accurate and complete, without any material omission. You agree to maintain the confidentiality of account passwords and accept full responsibility for all activities conducted and all information provided through the Portal account. Any use of the Portal not expressly authorized in these Terms of Use or on the applicable portion of the Portal is expressly prohibited. Further, use in any manner other than as authorized hereunder will be considered a violation of this Terms of Use and subject the violating Retailer to any and all remedies available to us, including administrative actions such as license suspension or revocation and civil and/or criminal penalties. Further, and without limiting any other provision in these Terms of Use, any unauthorized use of the Portal or Retailer Information terminates the permission or license granted by us. As between us, we retain all right, title, and interest in the Portal, information submitted to us through the Portal and the Retailer Information, including any and all intellectual property rights in the foregoing. We reserve all rights not expressly granted for ourselves and on behalf of our licensors.

Copyright

All Retailer Information is copyrighted by us or our third-party suppliers. You may download information from the Portal and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other proprietary notice contained in the Retailer Information. You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Retailer Information obtained through the Portal. Any unauthorized use of Retailer Information may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, regulations and statutes.

Trademarks and Service Marks

Certain trademarks, including Virginia Lottery and/or game names and logos, are the service marks and trademarks of the Virginia Lottery. The domain name for the Portal, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Virginia Lottery. All other trademarks, service marks, trade dress, product and service names, company names or logos, whether registered or not, on the Portal are the property of their respective owners, whether the Virginia Lottery or one of its suppliers. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Portal without the prior written authorization of their owners.

Ownership of information submitted via this Site

With the exception of any personal information you submit (which will be maintained in accordance with our Privacy Policy), any information you transmit to us via this Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, feedback or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Virginia Lottery. Such information may be used for any and all commercial and noncommercial purposes, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, without any obligation to you, whether financial, attribution or otherwise.

By sending us your communications via the Portal or by any other means you are giving us permission to contact you via those same means (e.g. email, short message service (SMS) or text message, etc.) and to use any ideas, concepts, know-how, or techniques contained in those communications (including, without limitation, games and game ideas) without notice or obligation to you. When you submit any material or information subject to protection under intellectual property laws (e.g., photos, videos, articles, etc.) to the Portal, you represent, warrant and covenant to us that you have the necessary rights to copy and display such information.

Prohibited Use

In connection with your use of the Portal, and without limiting other restrictions set forth in these Terms of Use, you agree you will use the Portal only for the business purpose for which it was intended and you will not:

(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity.

(b) Create a false identity to mislead others or impersonate any person.

(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit by law or other agreement.

(d) Upload files with viruses, Trojan horses, worms, time bombs, cabal-bots, corrupted files, or any other similar, malicious software or programs.

(h) Violate any local, state, national or international law or use the site for any unlawful, unauthorized, fraudulent or malicious purpose.

(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party.

(k) Manipulate or otherwise display the Portal by using framing, creating deep-links to the Portal by by-passing the Portal's home page, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage.

(l) Probe, scan, test the vulnerability of or breach the authentication measures of the Portal or any related networks or systems.

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so.

(n) Harvest or otherwise collect information about others, including email addresses, or gain unauthorized access to any other accounts, computer systems or networks.

(o) Use any robot, spider, scraper, or other automated or manual means to access the Portal, or copy any content or information on the Portal.

(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Portal.

We reserve the right to take whatever lawful actions we may deem appropriate (whether at law or in equity) in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the Retailer's access and/or account.

Links to Third-Party Sites

The Portal may contain information and links to other sites and offerings owned, operated or provided by parties other than us. Such information, links and access are provided only for ready reference, ease of use and/or your consideration. We do not control such third-party products, websites or offerings, and we are not responsible or liable for their terms of use, privacy practices, operation, content or accuracy. We do not endorse these websites, products or the content or services provided there. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites, for business and/or privacy practices of such third parties or for any action you may take as a result of linking to any such website.

YOU AGREE THAT YOUR USE OF LINKED THIRD-PARTY WEBSITES, OFFERINGS AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH WEBSITES, OFFERINGS AND RESOURCES, AND THAT WE HAVE NO LIABILITY FOR SUCH USE OR PRODUCTS PURCHASED THEREON.

We may remove a link at any time in our sole discretion for any reason whatsoever. We are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on content, products, services or other materials available on or through any third-party website or the business practices of any third party.

Reservation of Rights

We reserve the right in our sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and access to the Portal, (iii) to cease providing any or all of the Retailer Information and/or remove any content or features from the Portal, and/or (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Portal or access to the Portal. We are not liable to you or to any third party for any such modifications, suspensions or discontinuances of the Portal or access.

Site Privacy Policy

Please see our Privacy Policy for information about our practices and procedures for personal information we collect through the Portal.

Limited Warranty and Warranty Disclaimer

We prepare and provide the Retailer Information and other materials through the Portal as a convenience solely in connection with your status as an official licensed Retailer. We make no representation, warranty or guarantee about the accuracy, completeness, or adequacy of the Retailer Information or other information contained in or linked to the Portal. Additional information generally applicable to the Portal is set forth in the Frequently Asked Questions, and you may want to refer to such information prior to your use of the Portal.

The information and descriptions contained in the Portal are provided solely for general informational purposes.

YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PORTAL, INCLUDING INFORMATION CONTAINED HEREIN, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. WE MAKE NO WARRANTY THAT THE PORTAL OR ITS CONTENT OR INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL WE OR ANY OF OUR SUPPLIERS, AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO YOUR USE OR THE INABILITY TO USE THE PORTAL OR THE RETAILER INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIALS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimer and/or Limitation of Liability May Not Apply

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VIRGINIA LOTTERY, THE COMMONWEALTH OF VIRGINIA, AND OFFICERS, DIRECTORS, VENDORS, AGENTS, LICENSEES AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, THAT MAY, AT ANY TIME, ARISE OUT OF OR RELATE TO YOUR AUTHORIZED, UNAUTHORIZED, LAWFUL OR UNLAWFUL USE OF THE PORTAL OR ANY RETAILER INFORMATION, YOUR BREACH OF THESE TERMS OF USE, YOUR INABILITY TO ACCESS THE PORTAL OR ANY RETAILER INFORMATION AVAILABLE ON OR THROUGH THE PORTAL, THE USE OF ANY LINKED WEBSITES, YOUR RELIANCE ON ANY ERRORS OR OMISSIONS ON THE PORTAL OR IN THE RETAILER INFORMATION, OR THE PROPAGATION AND/OR CONTRACTION OF ANY COMPUTER VIRUS IN CONNECTION WITH YOUR USE OF THE PORTAL OR RETAILER INFORMATION.

Notices

Any general, non-Retailer specific notices to you from us regarding the Portal, the Retailer Information or these Terms of Use will be posted on this Portal or made by email or regular mail.

Electronic Communications

When you visit the Portal, send emails, text, opt to receive SMS notifications, or otherwise submit materials to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS, text, or by posting notices on the Portal. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

SMS Notifications

By opting in to the Lottery’s Retailer Wizard Portal alerts, you agree to receive SMS notifications from the Lottery at the mobile number* you provided when opting in. These messages are intended to keep you informed of important Lottery updates and product services. Depending on which notifications you have opted to receive, you may receive up to 40 messages per month. You may opt in for SMS notifications by visiting your user profile on the Site. You may unsubscribe from the SMS notifications at any time by responding or texting STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to 35684. Reply HELP for Help. You may also opt out of SMS notifications by calling 1-804-692-7777 or by contacting customer care at: salesupport@valottery.com. Message and data rates may apply. Neither the Lottery or the phone carriers are liable for delayed or undelivered messages.

*Your number will not be shared or sold to third parties except in such cases described in our Lottery Services Portal Privacy Policy .

Entire Agreement

The Terms of Use, including all materials incorporated herein by reference, constitute the entire agreement between us and you in connection with your use of the Portal and the Retailer Information and supersedes any prior agreements between the Virginia Lottery and you regarding use of the Portal, including prior versions of any of these Terms of Use; subject, however, to the continued validity and applicability of all terms of the Retailer Contract and Retailer Rules and Regulations.

Governing Law; Jurisdiction; Venue; Severability of Provisions

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA. ONLY AFTER EXHAUSTION OF ALL REMEDIES AND PROCEDURES IN THE RETAILER DISPUTE RESOLUTION PROCEDURES OF THE Virginia Lottery, IF APPLICABLE LAW PERMITS ANY FURTHER APPEALS, ANY SUCH APPEAL MUST BE BROUGHT SOLELY IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND, VIRGINIA.

Without limiting the foregoing, all laws applicable to the Virginia Lottery and Products available from it pursuant to special statute and all rules and regulations of the Virginia Lottery shall be deemed incorporated in these Terms of Use and shall constitute an integral part hereof. Pursuant to applicable law, specifically including, without limitation, the Virginia Freedom of Information Act and the Virginia state lottery laws, certain information submitted to us and requests for certain products and services and certain other purposes shall be regarded as matters of public record and may be released by us. All parts of these Terms apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Password Accounts, Passwords, and Security

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account regardless of whether you authorized such access or use. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses we or another party incur due to someone else using your account or password. You may not use anyone else's account at any time.

Remedies

Without limiting any other provision set forth in these Terms of Use, you agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

How to Contact Us

If you have any questions about the Terms of Use, please contact us by any of the channels described in “Contact Us” section of the Portal.

_{Effective July 7, 2020}

VIRGINIA LOTTERY MOBILE APPLICATION TERMS AND CONDITIONS

The Virginia Lottery Mobile Application provides qualifying Players with certain features accessible on a tablet or mobile device. These terms and conditions (“Terms and Conditions”) apply specifically to the Mobile Application and these features.

Please read these Terms and Conditions carefully before using the Virginia Lottery Mobile Application.

INTRODUCTION

Definitions. Whenever used herein:

“Account” refers to a Virginia Lottery account which allows a Player to log into the Mobile Application.

“Computer-generated Game” refers to a Virginia Lottery Game that is in direct communication with a Mainframe computer operated by or at the direction of the Virginia Lottery.

“Executive Director” refers to the Executive Director of the Virginia Lottery.

“Game” refers to either a Computer-generated Game or an e-game.

“Instant Game” refers to a digital Lottery Game, with self-contained play area(s), legend(s), symbol(s), numbers, and/or code(s) that, when played, immediately reveals or informs the Player of the Game outcome.

“Lottery” or “We” or “Our” or “Us” refers to the Virginia Lottery, its agents, and vendor partners involved in the maintenance, production, and/or delivery of the Mobile Application.

“Mobile Application” or “Application” refers to a type of application software designed to run on a mobile device, such as a smartphone or tablet computer.

“Natural Person” refers to an individual; may not extend to or be applied to a corporation, company, partnership, association or other entity.

“Player” or “You” or “Your” refers to an individual aged 18 years or older who establishes an Account with the Virginia Lottery in order to engage in any activity with the Virginia Lottery.

“System” refers to the Virginia Lottery’s gaming system.

“Terms” refers to these Terms and conditions

“Website” refers to the Virginia Lottery’s Website, www.valottery.com, and all associated sub-sites/pages.

Acceptance of Terms. By using the Mobile Application You hereby accept and agree to be legally bound by all of the Terms included herein.

Terms Subject to Change. We reserve the right to change these Terms at any time without notice. Any changes are effective upon posting. Continued use of the Mobile Application after changes have been posted constitutes Your acceptance of the changes. The effective date of these Terms will always be posted at the top of this page and it will be Your responsibility to review these Terms for any changes.

Additional Terms. Additional Terms and conditions may apply to Your use of an Account, the Application, and/or the Website, such as, but not limited to, the Mobile Application’s Privacy Statement. It will be Your responsibility to review all other applicable Terms and conditions, policies, and/or requirements.

Violation of Terms. The Lottery may take any lawful action deemed appropriate in response to an actual or suspected violation of these or other applicable Terms. This includes, but is not limited to:

Account suspension or termination,
blocked access to the Mobile Application and/or the Website,
reporting of the Player’s actions to a third party (including law enforcement), and/or
initiation of and/or participation in any civil or criminal action, including but not limited to an action for recovery of prize payment(s).

USE OF APPLICATION

You agree to not use the Mobile Application in any way that:
Øviolates any federal, state, or local law, court order, or any rule, regulation, or directive of the Lottery;
misrepresents Your identity or personal information;
circumvents any method the Lottery uses to verify information about Your age, identity, or physical location;
impersonates another person, business, entity, physical location, or IP address;
allows any third party to use Your Account;
accesses, collects, or stores personal information of another person;
accesses or circumvents any Lottery security measures;
gains or attempts to gain unauthorized access to the Mobile Application or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
damages or overburdens the Mobile Application or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
modifies or interferes with the use or operation of this Mobile Application;
alters, damages, deletes, or otherwise affects any software or code used for the Mobile Application;
introduces a computer virus or other disruptive, damaging, or harmful files or programs;
Øviolates Lottery proprietary or intellectual property rights in any way; or
Øviolates these Terms or any other applicable Terms and conditions.

Any suspected fraudulent, unlawful, or improper use of this Mobile Application (including, but not limited to, fraud and identity theft) may result in immediate suspension of Your Account in accordance with the Violation of Terms section herein. We are not liable for any damage or loss resulting from Our response to suspected unlawful activity.

Limited License and Use. You are granted a limited license to use this Mobile Application for its intended purpose only and in accordance with these Terms. We may revoke the limited license at any time. Your use of this Mobile Application does not create any agency, partnership, trust arrangement, fiduciary relationship, joint enterprise, or other relationship between You and the Lottery.

Intellectual Property. The Lottery owns:
all intellectual property appearing on this Mobile Application, including, but not limited to, all copyrights, trademarks, Service marks, and trade dress; and
the rights to all content appearing on this Mobile Application, which includes, but is not limited to, images, pictures, graphics, photographs, animations, videos, music, audio, text, , code, software, format, presentation, and organization.

Your use of this Mobile Application confers no ownership rights or license to use any intellectual property or other content beyond the limited license for use granted in these Terms.

Without Our express written consent, You agree not to:

copy, reproduce, modify, translate, create derivative works from, display, publish, distribute, transmit, or otherwise make this Mobile Application, its content, or any aspect thereof available to or through any third party;
copy, reproduce, redistribute, publish, reverse engineer, decompile, disassemble, make derivative works from any software, process, application, or source code used in providing this Mobile Application, its content, or any aspect thereof;
access or attempt to access source code for this Mobile Application or its content;
sell, assign, sublicense, lease, or otherwise exploit this Mobile Application, its content, or any aspect thereof;
export any software used for this Mobile Application, its content, or any aspect thereof to any other jurisdiction or country by any means; or
use this Mobile Application or its content in a manner that would violate any of these Terms.

You are liable for any damages, costs, or expenses arising out of or in connection with Your commission of any of the above. If You become aware of any third party committing any of the above, You agree to immediately notify Us and to cooperate in any resulting investigation.

Change in Services. We reserve the right to add, remove, modify, suspend, or terminate this Mobile Application or any aspect of this Mobile Application at any time and without notice. We are not liable for any damages or losses resulting from any such changes.

ACCOUNTS

Applying for an Account. To apply for an Account, You must provide all information requested on the MyGameRoom registration form, including, but not limited to:

full legal name,
address,
date of birth, and
last 4 digits of Social Security number.

By applying for an Account, You represent and warrant that You are:
applying for an Account in Your own name and that You will keep Your username and password confidential;
using Your own personal information;
providing information that is true, complete, and accurate to the best of Your knowledge; and
Ønot prohibited from using this Mobile Application.

We may require You to:

provide additional information,
provide copies of documents,
appear in person at a designated Lottery location, and/or
change or update Your Account information at any time, including, but not limited to, username and password.

The Lottery does not guarantee that an application will be approved or that an Account will be registered within any specific time period.

Age and identity verification. By applying for an Account, You consent to Our use of any age-verification and identity-verification technology or method We deem appropriate. You may be required to show additional evidence of age and identity, provide copies of documents, or appear in person at a designated Lottery location.

The Lottery does not guarantee that Our age-verification and identity-verification technology and methods will be able to locate records for every person. A Player’s application will be denied if his/her age and identity cannot be verified. The Lottery is not liable for any damages or losses resulting from denial of an application.

Account application denials. You understand and agree that an Account is a discretionary privilege and that We reserve the right to reject an Account application for any reason. We are under no obligation to explain the reason for a delay in processing or a denial of an Account application. We are not liable for any damages or losses resulting from any delay in processing or denial of an Account application.

Suspension and termination. You understand and agree that an Account is a discretionary privilege that the Lottery may suspend or terminate at any time, for any reason, and without notice. In the event of termination, any funds in the Account will be returned to You unless subject to withholding under these Terms or any state or federal law. During an Account suspension/termination, You may be required to claim any unclaimed prizes in person at a designated Lottery location. It is Your responsibility to provide accurate Account information so that We may contact You if necessary. We are not liable for any damages or losses resulting from Our inability to contact or locate a Player.

Inactive Accounts. In the event You do not sign-in to Your Account for 36 consecutive months, We may close the Account as inactive and transfer any funds therein, minus any amount owed to Us, in accordance with state unclaimed property laws. It is Your responsibility to close Your Account in a timely manner. The Lottery is not liable for any damages or losses resulting from inactivity fees, closure of a Player’s Account, or transfer of funds to the Virginia Department of the Treasury Unclaimed Property Division.

Closing an Account. You may close Your Account at any time. We may require You to provide certain information to verify Your identity before closing Your Account. You are responsible for payment of any outstanding balance owed on Your Account. We do not guarantee a specific time by which Your Account will be closed.

PRIVACY AND SECURITY

The Lottery:

takes Your privacy seriously;
will diligently endeavor to keep Your personal information confidential; and
will only share Your personal information with third parties in accordance with these Terms and the Lottery’s Privacy Statement:

in order to perform a transaction a Player has requested;
if We have Your consent;
if We need to protect Our rights or property; or
if authorized or required to do so by law.

Security measures have been integrated into the design, implementation, and day-to-day operations of this Mobile Application as part of Our continuing commitment to the security of electronic content. The Lottery does not, however, guarantee that any communication or information will be secure or free from unauthorized access by third parties. Your use of this Mobile Application is at Your own risk. We are not liable for any damages or losses resulting from a security breach except as required by law. A copy of Our Privacy Statement is available on this Application.

Communications from the Lottery. We may use Your Account information to contact You by email, U.S. Postal Service mail, text message, and/or telephone regarding the use of the Account and Account transactions. You may also opt-in to receive promotional material and newsletters. You may unsubscribe to all of these “opt-in” Services except those that are necessary in order to maintain the Account in good standing, by following the instructions contained in the emails or text messages.

Disruptions. Access to this Mobile Application or Account may be unavailable, delayed, limited, or slowed by various disruptions. The Lottery does not guarantee that this Mobile Application or Account will be uninterrupted, free from delay, or continuously available. The Lottery is not liable for any damages or losses resulting from any disruption, delay, or unavailability of this Mobile Application or Account.

Disclaimer of warranties. This Mobile Application and Accounts are offered on an “as is” basis. The Lottery makes no warranties of any kind, implied or express, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Use of the internet carries inherent risks and dangers. The Lottery does not guarantee that this Mobile Application or Accounts are free from these inherent dangers, including, but not limited to, viruses, spyware, malware, or other invasive, malicious, or damaging software, code, or applications of any kind. The Lottery cannot guarantee that use of this Mobile Application or Account will not cause damage or loss of any kind. The Lottery is not liable for any damages or losses of any kind resulting from a Player’s use of this Mobile Application or Account, or for any actions by third parties.

Unauthorized use. The Lottery is not liable for any damages or losses resulting from a third party’s unlawful or unauthorized use of a Player’s Account.

It is a Player’s responsibility to keep his/her username, password, and other Account information confidential. If Your username and password have been entered correctly, We are entitled to assume that You are the person using the Account. You are responsible for any charges, costs, expenses, damages, liabilities, and losses of any kind that You, We, or any third party may incur as a result of Your failure to keep the Account information confidential. It is Your responsibility to immediately notify Us if You suspect or discover that Your Account has been compromised. You agree to cooperate with any investigation into unauthorized access of Your Account.

Limitation of liability. The Lottery is not liable for any:

computer error;
Øomission, interruption, irregularity, deletion, defect, or delay in this Mobile Application or Account;
theft, destruction, unauthorized access, or alteration of any network, equipment, computer, data, information, or property;
hardware or software malfunctions of any kind; or
inaccurate transmission of content due to technical problems, at any Website, or any combination thereof.

Under no circumstances is the Lottery liable for any direct, indirect, incidental, special, or consequential damages arising out of a Player’s use of this Mobile Application, its content, or Account, even if the Lottery has been advised of the possibility of such damages.

Indemnification. You agree to indemnify, hold harmless, and defend Us and Our officers, directors, employees, agents, partners, shareholders, and licensees, from and against all claims, actions, liabilities, losses, expenses, damages, and costs of any kind, including, but not limited to: attorney fees resulting from or relating to Your lawful or unlawful use of this Mobile Application or Your Account; breach of these Terms; inability to access this Mobile Application or Account; failure to report, or reliance on, any error or omission on this Mobile Application or Account; or propagation or contraction of any computer virus in connection with Your use of this Mobile Application or Account.

Non-waiver. The Lottery is not obligated to take any action or pursue any remedy authorized by these Terms. Refraining from taking any authorized action or pursuing any remedy does not constitute a waiver of any rights or remedies and does not preclude Us from taking any such action or pursuing such remedy in the future.

Severability. If any provision of these Terms is deemed unlawful or unenforceable for any reason, such provision(s) will be severed from these Terms and the remaining provisions will remain in full force and effect.

Governing law. All transactions and claims covered by these Terms are subject to the laws of the Commonwealth of Virginia, the rules, regulations, and directives of the Lottery, and any subsequent changes. You understand and agree that:

any dispute arising out of Your use of this Mobile Application or Account is governed by the laws of the Commonwealth of Virginia; and
that federal and state courts in the City of Richmond, Virginia have exclusive jurisdiction over any claims arising out of Your use of this Mobile Application or Account.

Comments and questions. The Lottery is always seeking to improve and welcome Your feedback. Please reach out to Us via the Contact Us page on the Application to submit comments or suggestions, or if You have any questions about this Application or these Terms and Conditions

GEO-LOCATION

Location privacy. Your privacy is extremely important to us. Information relating to Your location and/or the location of Your mobile device will only be used by Us and Our staff and will not be shared with or sold to third parties. The Lottery does, however, reserve the right to disclose this information at any time in accordance with any law, regulation, or request from a court, government or law enforcement agency, to avoid liability, or to protect Our rights or property as described in Our Privacy Statement (acceptance of which is a condition for use of Our Application). Due to Lottery prize validation requirements, a record confirming Your location may be retained for at least 14 months.

_{Effective July 1, 2020}

VIRGINIA LOTTERY ACCOUNT

TERMS AND CONDITIONS

July 1, 2020

A Virginia Lottery Account provides qualifying Players the option of purchasing and playing Lottery Games, entering promotions, and communicating with the Virginia Lottery online at www.valottery.com while using either a personal computer or mobile device. These Terms and conditions apply to such an Account.

INTRODUCTION

Definitions. Whenever used herein:

“Account” refers to a Player-specific account through which age and identity verification takes place and Account Features are accessed.

“Account Features” or “Features” refers to the options and activities available to a Player via his/her Account. Examples include, but are not limited to, Game purchase and play and promotion entry.

“Auto Renew” refers to a feature which allows the automatic purchase of a Player’s previously played set or sets of numbers for a specified number of game drawings.

“Computer-generated Game” refers to a Virginia Lottery Game that is in direct communication with a Mainframe computer operated by or at the direction of the Virginia Lottery.

“Executive Director” refers to the Executive Director of the Virginia Lottery.

“Game” refers to either a Computer-generated Game or an Instant Game.

“Instant Game” refers to a digital Game with self-contained play area(s), legend(s), symbol(s), numbers, and/or code(s) that, when played, immediately reveals or informs the Player of the Game outcome.

“Lottery” or “We” or “Our” or “Us” refers to the Virginia Lottery, its agents, and vendor partners involved in the maintenance, production, and/or delivery of the Website.

“Mobile Application” or “Application” refers to a type of application software designed to run on a mobile device, such as a smartphone or tablet computer.

“Natural Person” refers to an individual and does not include a corporation, company, partnership, association or other entity.

“Player” or “You” or “Your” refers to a Natural Person aged 18 years or older who establishes an Account with the Virginia Lottery, makes a purchase, and/or engages in any activity with the Virginia Lottery.

“System” refers to the Virginia Lottery gaming system.

“Terms” refers to these terms and conditions.

“Website” refers to the Virginia Lottery’s Website, www.valottery.com, and all associated sub-sites/pages.

Acceptance of Terms. By obtaining and using an Account and its Features, You hereby accept and agree to be legally bound by all of the Terms included herein. You should not create an Account or use it or its Features if You do not accept and agree to be bound by said Terms as You will not be authorized to use the Account/Features.

Terms Subject to Change. We reserve the right to change these Terms at any time without notice. Any changes are effective upon posting. Continued use of the Account after changes have been posted constitutes Your acceptance of the changes. The effective date of these Terms will always be posted at the top of this page and it will be Your responsibility to review these Terms for any changes.

Additional Terms. Additional terms and conditions may apply to Your use of an Account, Account Features, the System, and/or the Website, such as, but not limited to, the Website’s Privacy Statement. It will be Your responsibility to review all other applicable terms and conditions, policies, and/or requirements.

Violation of Terms. The Lottery may take any lawful action deemed appropriate in response to an actual or suspected violation of these or other applicable Terms. This includes, but is not limited to:

Account suspension or termination
blocked access to the Website
suspension of Your ability to withdraw funds
invalidation of purchase
refusal to award a prize and/or reclaiming a prize already awarded
reporting of the Player’s actions to a third party (including law enforcement) and/or
initiation of and/or participation in any civil or criminal action including but not limited to an action for recovery of prize payment(s).

By violating any of these Terms, You waive and forfeit any claim to a prize or a portion of a prize.

LOTTERY ACCOUNTS

Applying for an Account. To apply for an Account, You must provide all information requested on the Lottery Account registration form, including, but not limited to:

full legal name,
address,
date of birth, and
last 4 digits of Social Security number*.

*Your full Social Security number will be required under certain conditions, which may include making a purchase and claiming a prize. Please refer to the Privacy Act Notice at the end of this document.

By applying for an Account, You represent and warrant that You are:

applying for an Account in Your own name and that You will keep Your username and password confidential;
using Your own personal information;
providing information that is true, complete, and accurate to the best of Your knowledge; and
·not prohibited from gambling, purchasing lottery tickets, or otherwise using this Website or Account.

We may require You to:

provide additional information, including your full Social Security number
provide copies of documents,
appear in person at a designated Lottery location, and/or
change or update Your Account information at any time, including, but not limited to, username and password.

The Lottery does not guarantee that an application will be approved or that an Account will be registered within any specific time period.

Age and identification verification. By applying for an Account, You consent to Our use of any age-verification and identity-verification technology or method We deem appropriate. You may be required to show additional evidence of age and identification, provide copies of documents, or appear in person at a designated Lottery Customer Service Center.

Application denials. You understand and agree that a Lottery Account is a discretionary privilege and that We reserve the right to reject an application for any reason. We are under no obligation to explain the reason for a delay in processing or a denial of an application. We are not liable for any damages or losses resulting from any delay in processing or denial of an application.

Use of Application

You agree not to use the Account or its Features in any way that:

violates any federal, state, or local law, court order, or any rule, regulation, or directive of the Lottery;
misrepresents Your identity or personal information;
circumvents any method the Lottery uses to verify information about Your age, identity, or physical location or IP address;
make an online deposit or purchase while not physically located Virginia;
impersonates another person, business, entity, physical location, or IP address;
allows any third party to use Your Account;
attempts to reverse, deny, charge-back, or otherwise block the Lottery’s receipt of any funds deposited by You into Your Account;
transfers any funds derived from an unlawful or fraudulent activity into Your Account;
could be considered money laundering;
accesses, collects, or stores personal information of another person;
accesses or circumvents any Lottery security measures;
gains or attempts to gain unauthorized access to this Website or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
gains or attempts to gain unauthorized access to the Website or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
damages or overburdens this Website or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
modifies or interferes with the use or operation of this Website, a Lottery Account or its Features;
alters, damages, deletes, or otherwise affects any software or code used for an Account and its Features;
introduces a computer virus or other disruptive, damaging, or harmful files or programs;
violates Lottery proprietary or intellectual property rights in any way; or
violates these Terms or any other applicable terms and conditions.

Any suspected fraudulent, unlawful, or improper use of the Account and its Features (including, but not limited to, fraud, identity theft, and money laundering) may result in immediate suspension of Your Account in accordance with the Violation of Terms section herein. We are not liable for any damage or loss resulting from Our response to suspected unlawful activity.

Limited License and Use. You are granted a limited license to use an Account for its intended purposes only and in accordance with these Terms. We may revoke the limited license at any time. Your use of an Account and its Features does not create any agency, partnership, trust arrangement, fiduciary relationship, joint enterprise, or other relationship between You and the Lottery.

Intellectual Property. The Lottery owns:

all intellectual property appearing on this Website, including, but not limited to, all copyrights, trademarks, Service marks, and trade dress; and
the rights to all content appearing on this Website, which includes, but is not limited to, images, pictures, graphics, photographs, animations, videos, music, audio, text, games, game mechanics, play methods, code, software, format, presentation, and organization.

Your use of an Account and its Features confers no ownership rights or license to use any intellectual property or other content beyond the limited license for use granted in these Terms.

Without Our express written consent, You agree not to:

copy, reproduce, modify, translate, create derivative works from, display, publish, distribute, transmit, or otherwise make this Website, its content, an Account, or any aspect thereof available to or through any third party;
copy, reproduce, redistribute, publish, reverse engineer, decompile, disassemble, make derivative works from any software, process, application, or source code used in providing this Website, its content, an Account, or any aspect thereof;
access or attempt to access source code for this Website, its content, or an Account;
sell, assign, sublicense, lease, or otherwise exploit this Website, its content, an Account, or any aspect thereof;
export any software used for this Website, its content, an Account, or any aspect thereof to any other jurisdiction or country by any means; or
use this Website, its content, or an Account in a manner that would violate any of these Terms.

You are liable for any damages, costs, or expenses arising out of or in connection with Your commission of any of the above. If You become aware of any third party committing any of the above, You agree to immediately notify us and to cooperate in any resulting investigation.

Change in Features. We reserve the right to add, remove, modify, suspend, or terminate an Account Feature or any aspect of an Account Feature at any time and without notice. We are not liable for any damages or losses resulting from any such changes.

Transaction history. You understand and agree that We may record and store any transactions You conduct through this Account. Specific transaction histories of Your Account deposits, purchases made, prizes claimed and Account withdrawals are also available for You to view through Your Account. These histories are provided as a convenience only. It is not an official record. Information appearing in the transaction history does not constitute and does not establish a transaction, winning ticket, or prize. We do not guarantee the accuracy of information appearing in Your Account transaction history. It is Your responsibility to notify Us of any errors in Your transaction history. We are not liable for any damages or losses resulting from Your reliance on or failure to report errors in Your transaction history.

Balance errors. In the event that any funds are mistakenly credited to or deducted from Your Account, You must notify Us immediately. We are entitled to make the appropriate adjustments. If You withdraw any funds incorrectly credited to Your Account by Us, We may withhold funds in an equal amount from any deposit or prize, or seek recovery of such funds from You. If You use any funds incorrectly credited to Your Account to purchase Lottery Games We may void the purchase (invalidating any associated prize claim), or in any case in which a prize has already been paid, You agree to return the prize amount to Us within seven (7) business days of notification by Us.

No interest on funds.You will not receive any interest of any kind on funds deposited or held in Your Account, including any claimed or unclaimed prizes. It is Your responsibility to deposit only the amount(s) You intend to use for purchases. You are solely responsible for claiming and withdrawing prize amounts in a timely manner pursuant to these Terms.

Suspension and termination. You understand and agree that an Account is a discretionary privilege that the Lottery may suspend or terminate at any time, for any reason, and without notice. In the event of termination, any funds in the Account will be returned unless subject to withholding under these Terms or any state or federal law. During an Account suspension/termination, any unclaimed prizes must be claimed in person at a designated Lottery Customer Service Center. It is Your responsibility to provide accurate Account information so that We may contact You if necessary. We are not liable for any damages or losses resulting from Our inability to contact or locate a Player.

Responsible gaming exclusions. You may temporarily exclude yourself from using Your Account to make purchases for a specific number of months (1, 3, or 6) through the Lottery’s responsible gaming tools or by contacting the Lottery. During an exclusion, You will not be able to make purchases, enter second chance promotions, or update Your Account settings during the selected time period. You understand and agree that We may temporarily or permanently restrict access to Your Account if We deem it necessary to promote responsible gaming. An exclusion cannot be reversed and a Player cannot open more than one Account. Any breach(es) of an exclusion will render the play(s) null and void and the Lottery shall have no liability whatsoever to the Player related to or resulting from the breach(es). Upon the expiration of the Self Exclusion period, the Account is automatically reactivated and You can login and resume all Account activities. Your deposit limit may be reduced. We will not directly send any marketing material to You during an exclusion.

Responsible Gaming

If you think you or someone you know has a gambling problem, help may be just a phone call away: The Virginia Problem Gambling Helpline, 888-532-3500 (toll free) or visit http://www.vacpg.org/ for more information.

Auto-renewal inactivity. Automatic renewals will expire after 12 consecutive months without You signing into Your Account and verifying your geographical location within the boundaries of Virginia.

Inactive Accounts. If You do not sign-in to Your Account for 36 consecutive months, then We may close the Account as inactive and transfer any funds therein, minus any amount owed to us, in accordance with state unclaimed property laws. It is Your responsibility to close Your Account in a timely manner. The Lottery is not liable for any damages or losses resulting from inactivity fees, closure of a Player’s Account, or transfer of funds to the Virginia Department of the Treasury Unclaimed Property Division.

FUNDING AN ACCOUNT

Depositing funds. You may deposit funds into Your Account using any method approved by the Lottery. By initiating a deposit, You represent and warrant that You:

have authority to use the payment source and method selected;
are physically present in the Commonwealth of Virginia at the time of deposit;
are not depositing funds derived from any fraudulent or unlawful source;
will not attempt to reverse, charge-back, block, cancel, or in any way attempt to prevent the Lottery from receiving the deposit;
consent to the sharing of Your personal information with any third parties used to process the requested deposit; and
consent to the Lottery performing any background check or investigation deemed necessary to ensure that the payment source and method are authorized.

The Lottery is not required to examine a Player’s authority to use a payment source or method and is entitled to assume a Player has such authority. We:

may require You to provide additional information, provide copies of documents, or appear in person at a designated Lottery Customer Service Center;
do not guarantee that a deposit will be processed and made available in any specific period of time;
do not guarantee that a deposit will be free from error;
reserve the right to deny any deposit at any time and without notice; and
are not liable for any damages or losses resulting from any delay, denial, or error in processing a deposit.

Third-party transaction fees and penalties. You:

agree to abide by all applicable terms and conditions required by Your financial institution or payment processor;
are solely responsible for any transaction fees or penalties of any kind imposed by any financial institution, payment processor, or other third party associated with processing the transaction;
are required to reimburse Us for any losses incurred as a result of any transaction fees or penalties of any kind associated with a transaction; and
hereby authorize Us to hold and collect any amount owed to Us as a result of any such fees or penalties from his/her deposits or winnings. We reserve the right to pursue any other means to recover such losses.

No withdrawal or transfer of deposits. Unless required by law, funds deposited into a Player’s Account cannot be withdrawn, returned, charged-back, re-credited, or transferred to another Account. It is Your responsibility to refrain from depositing more than You intend to use. You:

agree that You will not attempt to deny, reverse, charge-back, re-credit, block or otherwise attempt to invalidate, recover, or deny the Lottery receipt of a deposit; and
hereby authorize Us to hold and collect any amount owed to Us as a result of any such fees or penalties from Your deposits or winnings. We reserve the right to pursue any other means to recover such losses.

Minimum and maximum deposits. The Lottery reserves the right to set or change a minimum required and/or maximum allowed deposit amount at any time and without notice. The Lottery is not liable for any damages or losses resulting from setting or changing any minimum or maximum deposit amount.

ONLINE PURCHASES

Online play is governed by these Terms and all applicable laws, rules and regulations.

Eligibility Requirements. To purchase and play Lottery Games online You must:

be at least 18 years of age;
have a properly registered Lottery Account;
be using Your own Account to make the purchase;
have sufficient funds in the Account to cover the purchase;
be physically present in the Commonwealth of Virginia at the time of purchase; and
be in compliance with federal, state, and local laws, these Terms, and Virginia Lottery regulations and rules.

The Virginia Lottery may deem any purchase made in violation of these requirements invalid and may refuse to award a prize or reclaim a prize already awarded.

A ticket or share shall not be purchased by and a prize shall not be paid to an officer or employee of the Lottery or to any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of an officer or employee.

An individual or organization or employees of an organization under contract with the Lottery are not eligible to win any prize in any game operated by the Lottery or its vendors during the period of the contract.

Initiating any purchase through a Lottery Account constitutes Your consent to deduct the cost of that purchase, and/or he authorization of any automatic renewals without additional consent from You, as applicable from Your Account.

Purchases will first be deducted from deposited funds in the Account. If no deposited funds exist, purchases will be deducted from prizes in the Account. The Lottery does not guarantee the timeliness of any purchase and reserves the right to refuse any attempted purchase for any reason. The Player understands and agrees that the Lottery is not liable for any damages or losses resulting from any delay in or denial of processing a purchase.

All sales are final. A Player is solely responsible for ensuring that he/she has selected the correct lottery game and all options relating to that game, including, but not limited to, game ticket, number of tickets, price of ticket(s), and numbers played on a ticket or tickets. All sales are final and purchases made in error will not be refunded. The Lottery is not liable for any damages or losses resulting from any error made by the Player in the transaction of a ticket purchase.

We reserve the right to limit certain types of purchases to specific payment methods; for example, a debit card may be the only acceptable payment method for auto-renewal purchases. The Lottery is not liable for any damages or losses resulting from any purchase limitations or game termination.

Disconnections

The outcome for your Instant Game is predetermined and set at the time of sale. Your outcome will not be affected by a disconnection from the system. If a disconnection occurs after purchase, the outcome will appear in your account history.

Disputes. All tickets, transactions, and claims are subject to Lottery rules, directives, state and federal law, and any prospective changes thereto. Printouts, photographs, screenshots, and other images are not, and will not, be accepted as evidence of a ticket purchase or outcome. The only evidence of a ticket purchase or outcome is the data contained in Our System that passes all security tests, including, but not limited to, verification against third-party systems and transaction history. In questions involving ticket validation, the Executive Director’s determination is final. In cases of dispute for any reason, the Executive Director may, at his or her sole discretion, replace the disputed ticket with an unplayed ticket of equal value or refund of the ticket’s retail price. The Player agrees that the Executive Director’s decision to replace or refund a ticket is the Player’s exclusive legal remedy.

ACCOUNT FEATURES

Games in general

Certain Virginia Lottery Computer-generated Games as well as Instant Games are available for online purchase via www.valottery.com.

The Lottery:

does not guarantee that any specific Lottery Game will be offered for purchase or play and
may limit purchases of any Game and/or wager on a particular set of numbers at any time and without notice.

The Executive Director may terminate a Game at any time and without notice.

The Lottery is not liable for any damages or losses resulting from any purchase limitations or Game termination.

Instant Games

Like Computer-generated Games, online Instant Games are games of chance, and the outcome of a play in the case of any Instant Game is determined by the interactive system at the point of purchase and is not affected by the skill, judgment or action of the Player. The Lottery’s interactive system distributes plays based on the probabilities within the prize structure and not from a diminishing pool or range of plays. The overall chances of winning in an Instant Game at each prize level are determined by the prize structure.

Additionally, the Lottery reserves the absolute right to take any action it deems appropriate or desirable to continue, replace, or discontinue any Instant Game at any time in its discretion. The Lottery will notify Players of such outcome. The Lottery may notify You of a pending unfinished Game. A Game is considered complete when its outcome status indicates whether a prize has been won.

Information specific to each Game is provided on the Website. This information includes a general description of the Game, wager options, odds, prize structure, Game play instructions, and method of determining outcomes of play.

Interested Instant Game Players may have the option to either "Play Now" or "Demo". By choosing "Play Now", the Player elects to purchase the Game, and the purchase value will be deducted from the Player's Account. Once confirmed, Game purchases cannot be voided or cancelled. All sales are final. If an Instant Game Player chooses "Demo", the Player acknowledges that he or she is playing a trial version of the Game; the Player is not purchasing a play, and the Player will not be awarded a cash or other prize even though the Game results may reveal a prize.

Under no circumstances will the Lottery or any of our suppliers have any liability or responsibility whatsoever with respect to shares or plays produced, programmed, communicated, rendered, displayed or issued in error, including as a result of any programming or communication error, and/or not in compliance with these Terms. Without limiting the generality of the foregoing, no prize shall be paid arising from claimed shares or plays produced, programmed, communicated, rendered, displayed or issued in error, or that are counterfeit, altered, fraudulent, incapable of validation or authentication or the result of any security breach, including circumvention of applicable security safeguards.

CLAIMING PRIZES

Claims in general. Subject to these Terms and all applicable state and federal law, prizes won via online purchase shall be claimed as follows:

prizes of $5,000 or less are automatically deposited into a Player’s Account*;
prizes greater than $5,000 must be claimed online within the time specified by the game rules; and
prizes $100,000 and above must be claimed within the time specified in the game rules and may be required in-person at a designated Lottery Customer Service Center.

in accordance with the claim process set forth in the Terms.

*upon completion of all required claim documents and processes, which may require additional information from the Player.

Before payment of any prize, We may:

require You to provide additional information, provide copies of documents, or appear in person at a designated Customer Service Center and
change available methods for claiming a prize at any time and without notice.

We may withhold payment of a prize pending completion of an investigation should any unlawful conduct or violation of these Terms be suspected and pending completion of any additional validation and verification processes the Lottery may deem necessary. You agree to cooperate with Us in any investigation. We do not guarantee payment of a prize within any specific period of time and are not liable for any damages or losses resulting from any delay in payment of a prize.

Claim form. You may be required to complete an online claim form to claim a prize. By checking the boxes on this form, You represent and warrant that You are the registered user of the Account; that the Account information is accurate; and that You accept Our claim policy. You further certify that You:

are a Natural Person, a United States citizen, or a person legally present in the U.S.;
have provided Us with Your correct Social Security or Individual Tax Identification number;
are not subject to backup withholding; and
are not subject to the Foreign Account Tax Compliance Act (FATCA).

You understand and agree that checking these boxes constitutes Your electronic signature.

Backup withholding. Backup withholding refers to the process by which a person or entity making payments to You must, under certain conditions, withhold and pay a percentage of such payments to the IRS. Your prize will be subject to backup withholding if You do not provide Your correct Social Security number to Us, You do not certify Your Social Security number when required, the IRS notifies us that You furnished an incorrect Social Security number, the IRS notifies You that You are subject to backup withholding because You did not report all of Your interest and dividends on Your tax return, or You do not certify to Us that You are not subject to backup withholding. For more information, please visit the IRS Website at www.irs.gov.

Foreign Account Tax Compliance Act (FATCA). The FATCA requires US taxpayers to report certain foreign financial accounts and offshore assets. It also requires certain foreign financial institutions to report all US account holders that are specified US persons. To learn if You own foreign financial assets subject to the FATCA or if You qualify for an exemption from the FATCA, please refer to the IRS Website at www.irs.gov. Withholding is the cost of not reporting.

Claiming in person. If You are required to claim a prize in person at a designated Customer Service Center, You will be required to provide Us with a valid government issued picture identification and proof of Your Social Security or Tax Identification number. We may deposit a prize won through this Website into Your Account even if the prize was claimed in person. To verify You are presenting acceptable identifications please call 804-692-7777 or visit the Contact Us page on www.valottery.com.

Tax obligations. A lottery prize is considered income and a taxable event when claimed or received. We report all prizes in compliance with regulations in place at the time, currently over $600 to the IRS and the Virginia Department of Taxation. A Form W-2G is generated for all prizes over $600 and made available to You through Your Account. We withhold state and federal taxes from all prizes as required by regulations in place at the time, currently from all prizes over $5,000. These withholdings are estimates only and do not necessarily satisfy the tax liability. It is Your responsibility to immediately inform Us if You believe there is an error in reporting or withholding. You are solely responsible for properly reporting and paying Your applicable local, state, and federal taxes. We are not liable for any damages or losses resulting from Your failure to properly report or pay any local, state, or federal taxes. Tax withholding and reporting requirements may change and We will follow all applicable state and federal reporting and withholding requirements in effect at the time. In addition, there may be different reporting and withholding requirements for certain gaming activity and for non-U.S. citizens.

Debt Set-off. Before paying certain prizes, the Commonwealth’s Set-Off Debt Collection Act requires Us to check for certain debts such as liabilities to the state, support arrearages, unemployment benefit restitution, and delinquent Accounts due to a court. If any agency has registered such debts with the Virginia Department of Taxation, and We have received timely notice of the debt(s), We are required to offset Your prize by the amount of the debt. If You believe that prize money was withheld for a debt that has already been paid, it is Your responsibility to contact the agency reporting the debt and seek reimbursement. We are not liable for any damages or losses resulting from any offset from a prize for payment of a debt.

Claim errors. A lottery claim may not be premised on human or electronic error in the communication, display, or transmission of data regardless of how that data is recorded, displayed, or transmitted. A claim may not be premised on any intentional human, electronic, or other form of communication or transmission that was not authorized by the Lottery. We are not liable for any damages or losses resulting from any erroneous or unauthorized communication, display, or transmission of data.

Unclaimed prizes. A prize must be claimed within 180 days of the date that it was won, i.e., the date upon which the drawing occurred that resulted in a prize claim or purchase of an Instant Game was made resulting in a prize win.

Any prize that is not claimed within 180 days of the drawing or purchase (whichever is later) will be deemed unclaimed and forfeited, and deposited to the Virginia State Literary Fund in accordance with state law. Fully claiming a prize may require you to present additional information or appear in person at a Lottery location, as instructed by Us (refer also to Claiming Prizes within these Terms). It is Your responsibility to properly claim Your prize within 180 days. We are not liable for any damages or losses resulting from Your failure to properly claim Your prize.

WITHDRAWING PRIZES

Prize withdrawals only. You may only withdraw prizes from Your Account. You may not withdraw deposits You have made into the Account, nor any other promotional value in Your Account, unless required by law. It is Your sole responsibility to deposit no more than You intend to use to purchase Games.

Methods of withdrawal. Prizes may be withdrawn by bank transfer, bank draft, or other method approved by the Lottery. You may initiate a withdrawal online through, or ask for assistance with, Your Account by calling 804-692-7777. By initiating a withdrawal, You consent to Our: deducting the withdrawal amount from Your Account; retaining any amount owed to the Commonwealth of Virginia under these Terms; and sharing Your personal information with any third parties that We use to process Your request. We are not required to use any specific method, bank, or payment processor. You may not make any withdrawal, including any prize amount, until You have successfully completed at least one verified deposit. We do not guarantee that withdrawals will be processed in any specific period of time and are not liable for any damages or losses resulting from delay in processing a withdrawal.

Additional documentation. Before processing a withdrawal, We may require You to provide additional information, provide copies of documents, or appear in person at a designated Lottery Customer Service Center. You may also be required to complete additional claim forms and/or certify documentation detailing Your deposits, withdrawals, and other Account transactions.

Investigative holds. You understand and agree that We may hold any withdrawal where there is suspicion that You may be engaging in or have engaged in fraudulent, collusive, unlawful, or improper activity, pending completion of an investigation. You agree to cooperate with Us in any investigation into such activity and understand and agree that Your refusal to cooperate with an investigation may lead to a hold being placed on the withdrawal. We are not liable for any damages or losses resulting from any delay or denial of a withdrawal resulting from an investigation.

PRIVACY and SECURITY

The Lottery:

takes Your privacy seriously.
will diligently endeavor to keep Your personal information confidential.
will only share Your personal information with third parties in accordance with these Terms and the Lottery’s Privacy Statement:

in order to perform a transaction a Player has requested;
if We have Your consent;
if We need to protect Our rights or property; or
if authorized or required to do so by law.

Security measures have been integrated into the design, implementation, and day-to-day operations of this Website and Services as part of Our continuing commitment to the security of electronic content. The Lottery does not, however, guarantee that any communication or information will be secure or free from unauthorized access by third parties. Your use of this Website is at Your own risk. We are not liable for any damages or losses resulting from a security breach except as required by law. A copy of Our Privacy Statement is available on www.valottery.com.

Winner information. If You win a prize amount of $10 million or less*, You understand and agree that We may use Your name, hometown, and prize amount won for promotional, advertising, and/or publicity purposes. You understand and agree that We may freely use, reproduce, and display this information, in whole or in part, alone or together with other information, through any and all forms of media, in any manner, anywhere, in perpetuity, and without restriction, reservation, or limitation.

*Virginia Lottery law prohibits the disclosure of information about an individual prizewinner’s identity for a single prize claim greater than $10 million, unless the prizewinner consents in writing to such disclosure. You will be provided with instructions and a form on which to request that the Lottery not disclose Your name to the public solely in connection with such prize claim. Upon receipt of the request in accordance with the instructions accompanying the form provided to You, the Lottery will not disclose Your name to the public in connection with such a prize claim.

However, the Lottery will remain legally obligated to disclose your name and any other information legally required to be disclosed in connection with your prize claim by state or federal law, including, but not limited to, disclosure to the Internal Revenue Service, the Virginia Department of the Treasury, disclosure in response to a subpoena issued pursuant to applicable state or federal law or an order of a court of competent jurisdiction, or disclosure as required by a federal, state or local law enforcement agency. You acknowledge and agree that the Lottery will not be held liable for damages or losses of any kind by You for the public disclosure of your name by any entity other than the Lottery in connection with your prize claim of more than $10 million, or for any communication related to Your claim of such prize transmitted by the Lottery using a phone number, physical or P.O. Box address or email address provided by You to the Lottery in connection with Your Account.

MISCELLANEOUS TERMS

Disruptions. Access to this Website, an Account, or an Account Feature may be unavailable, delayed, limited, or slowed by various disruptions. The Lottery does not guarantee that this Website, an Account or an Account Feature will be uninterrupted, free from delay, or continuously available. The Lottery is not liable for any damages or losses resulting from any disruption, delay, or unavailability of this Website, an Account, or an Account Feature.

Disclaimer

A Lottery claim requires compliance with all state and federal laws, Virginia Lottery regulations, Game rules, Director’s Orders and terms and conditions. A Lottery claim may not be premised on human or electronic error in the communication, display, or transmission of data regardless of how that data is recorded, displayed, or transmitted. A claim may not be premised on any intentional human, electronic, or other form of communication or transmission that was not authorized by the Virginia Lottery.

Disclaimer of warranties. This Website, Lottery Accounts and Account Features are offered on an “as is” basis. The Lottery makes no warranties of any kind, implied or express, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Use of the internet carries inherent risks and dangers. The Lottery does not guarantee that this Website, Lottery Accounts, or Account Features are free from these inherent dangers, including, but not limited to, viruses, spyware, malware, or other invasive, malicious, or damaging software, code, or applications of any kind. The Lottery cannot guarantee that use of this Website, a Lottery Account or an Account Feature will not cause damage or loss of any kind. The Lottery is not liable for any damages or losses of any kind resulting from a Player’s use of this Website, an Account, an Account Feature, or for any actions by third parties.

Unauthorized use. The Lottery is not liable for any damages or losses resulting from a third party’s unlawful or unauthorized use of a Player’s Account or for any damages or losses resulting from a third party’s unlawful or unauthorized use of any payment source or method, including, but not limited to, credit and debit cards, regardless of whether the payment method is under investigation or whether any card has been reported stolen.

Limitation of liability. The Lottery is not liable for any:

printing or computer error;
·omission, interruption, irregularity, deletion, defect, or delay in this Website, a Lottery Account or an Account Feature;
theft, destruction, unauthorized access, or alteration of any network, equipment, computer, data, information, or property;
hardware or software malfunctions of any kind; or
inaccurate transmission of content due to technical problems or traffic congestion on the internet, at any Website, or any combination thereof.

Under no circumstances is the Lottery liable for any direct, indirect, incidental, special, or consequential damages arising out of a Player’s use of this Website, its content, an Account or an Account Feature, even if the Lottery has been advised of the possibility of such damages.

Indemnification. You agree to indemnify, and hold harmless, Us and Our officers, directors, employees, agents, partners, shareholders, and licensees, from and against all claims, actions, liabilities, losses, expenses, damages, and costs of any kind, including, but not limited to: attorney fees resulting from or relating to Your lawful or unlawful use of this Website or Your Account; breach of these Terms; inability to access this Website or Your Account; failure to report, or reliance on, any error or omission on this Website or Your Account; or propagation or contraction of any computer virus in connection with Your use of this Website or Your Account.

Governing law. All transactions and claims covered by these Terms are subject to the laws of the Commonwealth of Virginia, the rules and regulations of the Lottery, and any subsequent changes. You understand and agree that:

any dispute arising out of Your use of this Website, Your Account or Account Feature is governed by the laws of the Commonwealth of Virginia; and
the state courts in the City of Richmond, Virginia have exclusive jurisdiction over any claims arising out of Your use of this Website or Your Account.

GEO-LOCATION

Location requirement. You must be physically located in Virginia to purchase Lottery games online through this Website. Any deposit of funds, Game purchase, or attempt to deposit funds or purchase a Game, through this Website while physically located outside of Virginia is strictly prohibited and may violate state or federal law. You understand and agree that any online purchase made while physically located outside of Virginia may be void and that You waive any claim to a prize or any portion of a prize You may have won. If it is determined that You purchased an online Game through this Website while located outside of Virginia, We reserve the right to deem Your deposit or purchase invalid, refuse to award a prize, reclaim a prize that has been awarded, terminate the Account and refer the matter to law enforcement where applicable.

Geo-location technology. The Lottery uses a variety of geo-location technology and methods to verify a Player’s location. Any use of software or other methods intended to provide a false location is prohibited and may violate state or federal law. The Lottery does not guarantee that the geo-location technology will verify the location of every person physically located within Virginia. If We are unable to verify that You are physically located within Virginia, Your access will be blocked and You will be prohibited from making online deposits or Game purchases through this Website. We are not liable for any damages or losses resulting from Your inability to access or make a purchase on this Website.

Standard location check. By registering for and using an Account, You consent to having Your location verified by Our standard geo-location check. The standard location check is automatically activated anytime You attempt to log into Your Account and use these Services. Your location will not be checked upon leaving this Website.

Mobile location Service. In some cases, Your location may need to be verified through Your browser location services. Your location will only be obtained from the browser with additional consent from You. If verification through Your browser is required, an interactive message will appear when You try to deposit funds into Your Account or initiate a purchase through the Services. To consent and opt-in to the browser-location Service, press the “Allow” button on the interactive message.

Location privacy. Your privacy is extremely important to us. Information relating to Your location and/or the location of Your mobile device may be shared with our contractors, sub-contractors, affiliates, and other third parties for a variety of reasons included, but not limited to:

providing the product, service, or transaction You requested;
legal purposes; and/or
marketing purposes.

Due to Lottery prize validation requirements, a record confirming Your location may be retained for at least 14 months.

COMMENTS AND QUESTIONS

The Lottery is always seeking to improve and welcome Your feedback. Please contact Us at 804-692-7777 or visit the Contact Us page on www.valottery.com.

PRIVACY ACT NOTICE

CLAIMANTS OF PRIZES OF $100 OR MORE

The Federal Privacy Act (Public Law 93-579), 5 USC §552a requires that this notice be provided when personal information is collected from individuals.

The Virginia Lottery is subject to the Virginia Government Data Collection and Dissemination Practices Act (Va. Code § 2.2-3800, et seq.). Provision of a player’s social security or tax identification number is voluntary; however, should you become entitled to receive a cash prize of $100 or more, the Lottery may be unable to validate and process the prize claim without the number due to the application of the Virginia Lottery Law and the regulations adopted thereunder (Va. Code § 58.1-4000 et seq.); 11 VAC 5-11-10, et seq.), as well as the Virginia Debt Setoff Collection Act (Va. Code § 58.1-520, et seq.). Should you choose not to provide your social security or tax identification number at this time, future payment of any prize to which you become entitled may be delayed until such time as you have completed and submitted a claim form enabling the Lottery to process your prize claim. For prizes of $600 or more, the Virginia Lottery requires a player’s social security or tax identification number for tax withholding and reporting purposes, pursuant to 42 USC 405(c)(2)(C)(i), 26 USC 3402(q), 26 USC 6041, 26 C.F.R. 31.3042(q)-1(e) and the regulations enacted thereunder.

Information is collected to validate and process a claim and for promotional, investigative and administrative purposes. By providing your social security or tax identification number, you consent and agree to such use, and waive any and all claims whether known now or in the future related thereto. The Virginia Lottery is subject to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.). Once a prize has been validated, the following facts are public information and may be subject to disclosure: (i) name, (ii) city and state of residence, (iii) game played, (iv) amount won, and (v) date won. For purposes of this subsection, amount won means the nominal prize amount, the cash payment if different from the nominal prize amount, and the cash payment after taxes are withheld. The Virginia Lottery will not disclose any other personal or identifying information without your permission unless legally mandated to do so.

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