Binding Terms and Conditions
The Internet service (the "Service") provided by Scientific Games (the "Provider") to the Office of the Arkansas Lottery (the "Lottery") is composed of the Player's Club website ("The Club"), the multi-game second-chance entry website ("Play It Again™"), the second chance entry points collection, management and redemption website ("Points For Prizes®") and affiliated sites, (collectively, the "Site"), and offers various player information, activities and services related to the Lottery.
Using the Site signifies your knowledge of and agreement to be bound by the Terms. The Provider or the Lottery may update or revise the Terms at any time without notice. Any modifications posted on the Site will be effective immediately. You are responsible for reviewing the Terms periodically for any such modifications. Your continued use of the Site means that you accept all such updates or revisions. If you don't agree to the Terms, your sole remedy is to cease to access the Site and to cancel any account or services for which you have enrolled or registered.
If you violate the Terms, the Provider may issue you a warning about the violation, or may choose to immediately terminate any account that you have established. You acknowledge that the Provider is not required to provide you notice before terminating your account, but it may choose to do so.
The Terms and any posted rules or instructions regarding a particular game, activity, contest, sweepstakes or service constitutes the entire agreement between you and Provider/Lottery regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms and any other rules or instructions posted on the Site, Provider and the Lottery shall resolve the conflict at their sole discretion. If you have questions about the Terms, please contact us by sending an e-mail, using the Feedback e-mail form at the Site, or by U.S. mail to: MDI Entertainment, LLC Attn: Vice President Internet Services, Scientific Games, 1500 Bluegrass Lakes Parkway, Alpharetta, GA 30004.
When you complete the registration process, you create an account ("Account") and become a Member ("Membership"). Your Membership allows you to participate in certain services and activities on the Site. To create an Account, you must select a legitimate, working e-mail address that is registered in your name and a password (collectively "Log In Identity"). Only players 18 or older are eligible to have an account. You must provide the last 4 digits of your Social Security number to participate in every aspect of the Site. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Site Account.
Membership is intended for individuals only. Corporations, associations, organizations or groups may not participate. One (1) Member per account.
You may have no more than one (1) single active Site Account. Provider/Lottery reserves the right, without warning, to: (i) terminate the Membership of any individual who establishes more than one active Account or (ii) terminate all of the Accounts registered to the individual except one. The Provider/ Lottery shall determine, at their sole discretion, which account shall remain open if they choose to terminate the multiple accounts.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. Provider/Lottery will not ask you to reveal your password or ever initiate any contact with you asking for your password. If you forget your password, follow the procedures outlined at Site. You agree to indemnify and hold Provider/Lottery harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates the Terms. If your Membership is terminated, you may not join the Site again without the express permission of Provider/Lottery, and Provider/Lottery will be under no obligation whatsoever to consider any request for Membership reinstatement.
Termination of Membership
Provider/Lottery and you both have the right to terminate or cancel your Membership at any time. You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with Site and Provider/Lottery. This includes, but is not limited to, any dispute related to, or arising out of: (i) any portion of the Terms or Provider/Lottery's enforcement or application of the Terms; (ii) the Content available through Site or any change in Content provided through Site; (iii) your ability to access and/or use Site.
You may cancel your Membership by utilizing the Cancel Account link that appears on the Site. In the event that your Membership is terminated or canceled, you will have no further access to your Account or anything within the Site associated with it. Any live entry for any second chance game or drawing or contest may be deleted. Any unredeemed Points for Prizes® points that are assigned to the cancelled account may be deleted. At its discretion, Provider/Lottery may delete any other content at the Site that is associated with the Membership. Active Members may not allow terminated Members to use their Accounts to access the Site.
"Content" includes the software, communications, images, text, sounds, and all the material and information you may see on the Site. Provider/Lottery provides most of the Content on Site. It is possible through certain activities and services of The Club for Content to be provided by Members. Content created by Members also includes any e-mail written by and distributed by a Member to Provider/Lottery via any feedback e-mail function within the Site.
Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site. Member content on the Site is monitored by Provider/Lottery. Provider/Lottery reserves the right to prevent the publication of Content that is objectionable to Provider/Lottery for any reason. This determination is at our sole discretion, and is final. Provider/Lottery does not assume any liability for any failure to remove, or any delay in removing, Content.
If Provider/Lottery prevents the publication of Content that you created, we may send you a warning. If it is a serious offense or you have violated the Terms before, Provider/Lottery may terminate your Membership.
Sending a Feedback e-mail to Provider/Lottery that includes inappropriate Content may result in termination of Membership.
Online conduct ("Conduct") should be guided by common sense and basic etiquette and is subject to rules, policies and statutes of the Office of the Arkansas Lottery, the Arkansas Scholarship Lottery Act, and the State of Arkansas. Provider/Lottery has zero tolerance for illegal or inappropriate Conduct on the Site. You must also obey rules for use of third party tools and rules of interactive service providers, state, local, and federal laws, or foreign or international law where applicable. Ignorance of the law is no excuse. Provider/Lottery will terminate your Membership and cooperate with appropriate law enforcement agencies in investigating any illegal behavior.
You agree that you will be personally responsible for your conduct on the Site and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Provider/Lottery, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Site, including any Content that you contribute.
Second Chance Promotions
You agree that you will submit entries only from eligible Lottery tickets. Attempting to submit fraudulent entries into any drawing or contest related to the Service is cause for termination of Membership and may be subject to additional legal action as identified in policies, procedures, rules and regulations of the Lottery and laws of the State of Arkansas.
Post, transmit, promote, or distribute Content that is illegal.
Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights or, in a reasonable person's view, objectionable or inappropriate. Hate speech is not tolerated.
Impersonate another person (including celebrities), falsely indicate that you are a Provider/Lottery employee or a representative of the Office of the Arkansas Lottery or Site, or attempt to mislead another person by indicating that you represent Provider/Lottery or any of Provider/Lottery's partners or affiliates.
Establish or participate in the establishment of additional Member Accounts beyond the permissible limit of one Member Account per person for any purpose whatsoever.
Attempt to get a password, other account information, or other private information from a Member or any other user on Site. Remember: Provider/Lottery employees will NEVER ask for your password. Don't give your password out to anyone.
Upload any software or Content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Improperly use or make false reports via Site Feedback.
Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
Modify any part of Site that Provider/Lottery does not specifically authorize you to modify.
Violate any applicable laws, regulations and rules wherever you are on Site. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.
Interfere with, hack into or decipher any transmissions to or from the servers running Site.
Exploit any bug in the Service to gain unfair advantage in any Site activity, or communicate the existence of any such bug to any other user of the Service.
Take any action which interferes with the ability of other users to enjoy using the Site or that materially increases the expense or difficulty of Provider/Lottery in maintaining the Service for the enjoyment and use of all its users.
Public Nature of Communications
Provider/Lottery is not responsible for information that you choose to communicate to other users on Site, or for the actions of other users. Once you post or send any Content to Site, you expressly grant Provider/Lottery the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your online identity, and without any notice or compensation to you of any kind. Additionally, except where prohibited by Arkansas Statute or Lottery rules, regulations, policies or procedures, you expressly grant Provider/Lottery permission to include your name and hometown in association with your winning a prize or being selected or designated a winner in any contest, promotion, project, drawing or other competition as may be available on Site from time to time and that you have voluntarily participated in as a member.
Availability to Public of Submitted Information
Information submitted including your name may be subject to disclosure under the Arkansas Freedom of Information Act.
Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on Site. Chain letters and pyramid schemes are not allowed. You may not use any aspect of Site to collect information, including login identity/online identities, about Site Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Site or any services offered on the Site for any commercial purpose. Any violation of these provisions can subject your Membership to immediate termination and further legal action.
Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on Site is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Provider/Lottery may terminate and permanently disqualify any Members who, in their sole discretion, are determined to be in violation of these Terms. All decisions by Provider/Lottery are final.
Proprietary Rights; Copyrights and Trademarks
Much of the Content available on Site is owned by Provider/Lottery or by other content owners licensed by Provider/Licensor and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Site unless we have expressly authorized you to do so.
You must have the legal right to upload any Content to Site before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Site unless Provider/Lottery expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on Site can lead to the termination of your Membership and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Provider/Lottery and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Some activities on Site may require that you download software from Provider/Lottery or its licensors onto your computer. Provider/Lottery grants to you a non-exclusive, limited license to use Site Software as required to use our Service. You may not sub-license or charge others to use or access Site Software. You may not use Site Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Site Software. You may not modify Site Software or use it in any way not expressly authorized in writing by Provider/Lottery. You understand that Provider/Lottery's introduction of various technologies may not be consistent across all Internet browser platforms and that the performance and some features offered by Provider/Lottery may vary depending on your computer and other equipment.
NEITHER PROVIDER/LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SITE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Site Software may be subject to United States export controls. By downloading Site Software, you warrant that you are not located in any country, or exporting Site Software to any person or place, to which the United States has embargoed goods.
Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Site Software subject to restrictions under such laws to a national destination prohibited by such laws without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User's Computer Information
When you connect to Site, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Site Software. Provider will record the IP Address of a Member who logs in to participate in the Service. Provider will not collect any personal information about you without your knowledge and consent.
Links to Third-Party Sites
Site may include hyperlinks to websites operated by parties other than Provider/Lottery including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Provider/Lottery does not control such websites and is not responsible for their content or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Limitations on Warranty and Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, SITE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, PROVIDER/LOTTERY PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PROVIDER/LOTTERY PROVIDES THE SERVICE AT NO CHARGE TO MEMBERS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PROVIDER/LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROVIDER/LOTTERY OR ITS LICENSORS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR MEMBERSHIP.
YOU ACKNOWLEDGE AND AGREE THAT PROVIDER/LOTTERY, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF SITE SOFTWARE. IN NO CASE SHALL PROVIDER/LOTTERY OR SITE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SERVICE, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP IN SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROVIDER/LOTTERY AND AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. PROVIDER/LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by Provider/Lottery, you agree to defend, indemnify and hold harmless Provider/Lottery and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of the Terms for which you are responsible or in connection with your transmission of any Content on Site.
Provider/Lottery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Provider/Lottery in that matter. This Section shall survive termination of this Agreement.
Other Legal Terms
This Agreement and your Membership shall be governed by the Arkansas Scholarship Lottery Act; the Office of the Arkansas Lottery (OAL) Operational Rules; the OAL Rules for Claims in Contract or Tort; and the OAL Game and Program Rules. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Provider/Lottery or relating in any way to your Membership or your use of Site resides in the courts of Arkansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Arkansas in connection with any such dispute, including any claim involving Provider/Lottery or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
Features related to the Service may contain Adobe® Flash® Player and Adobe® Shockwave®. Adobe® Flash® and Adobe® Shockwave® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
© 2015 Scientific Games International. All rights reserved.