Terms and Conditions

Oregon Lottery® Terms and Conditions

February 5, 2013
 
PLEASE READ CAREFULLY. By using this website, you agree to all Terms and Conditions, Oregon laws, and administrative rules governing the Oregon Lottery and its Website and Player Program.


A. OVERVIEW OF OREGON LOTTERY'S PLAYER PROGRAM

The Player Program (Program) is a player loyalty program offered by the Oregon State Lottery (hereinafter referred to as the "Lottery"), where persons who qualify must register to become a member in order to participate in those drawings offered by the Lottery through its website.

The Program, found on Lottery's website at www.oregonlottery.org is a place to enter 2nd Chance Drawings and monthly Promotional Drawings. Membership is free to anyone residing within the United States who is 18 years of age or older and who registers at the website. Only members may access and participate in the Program. The Program is for entertainment purposes only.
 
B. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
  1. Natural Persons: Membership is open to a natural person who resides within the United States and is at least 18 years of age or older. The Lottery may at any time require proof of residency or proof of age.
     
  2. Member Registration: To participate in the Program, a person must register to become a member. To register, a person must electronically complete and submit a membership application that includes the person's name, physical address, e-mail address, and any other information required by the Lottery. A person may register for and have only one active member account.
     
  3. Ineligible Persons: The following individuals are NOT eligible for membership and may not register, win, or claim a 2nd Chance or Promotional Drawing prize in the Program:
  4. a.   An employee or representative of the Lottery, or the spouse, child, brother, sister, or parent of any such employee or representative;

    b.   An employee or representative of the Oregon State Police, Gaming Enforcement Division;

    c.   A Lottery vendor who is prohibited by contract with the Lottery from participating in the Program or is prohibited from playing Oregon Lottery games.

  5. Acceptance of Terms: Acceptance of these Terms and Conditions (hereinafter referred to as "Terms") occurs when registering for membership (by clicking on the "I accept" button). Participation in the Program and use of the website constitutes each member's full and unconditional agreement to these Terms and agreement that the member will be within the State of Oregon when entering a 2nd Chance Drawing. Agreement to these Terms constitutes a promise that the member meets the eligibility requirements set out in these Terms.
  6. Disqualification: A person who is not eligible or who does not comply with these Terms may be excluded from participating in the Program. If the Lottery determines a person is ineligible, it may refuse to enroll the person in the Program and may close any existing member account(s).
  7. Applicable Laws and Rules: Participation in the Program and use of the website, including but not limited to all 2nd Chance Drawings and Promotional Drawings, is subject to all applicable laws and administrative rules related to the Oregon State Lottery, including but not limited to ORS Chapter 461, OAR Chapter 177, and specifically Divisions 51 and 52 of OAR Chapter 177, and to any additional or amended terms as posted by the Lottery on the website, www.oregonlottery.org. Changes to applicable laws, administrative rules, and these Terms are subject to change without notice and participation is subject to the most current laws, administrative rules, and Terms in effect at the time. In the event of a conflict between these Terms, including any special Terms for specific promotional activities or events as posted on the website, and the Oregon statutes and administrative rules, the statutes and rules control.
  8. Disclosure of Winners: In accordance with OAR 177-046-0130, the Lottery may use the name, address, and likeness of a winner in any Lottery promotional campaign, advertisement, or press release. A winner consents to the use of the winner's name, address, and likeness for promotional campaigns, advertising, and publicity purposes by the Lottery and Lottery retailers. A winner who receives a prize or prize payment from the Lottery grants the Lottery, its agents, officers, employees, and representatives the right to use, publish in print or by means of the Internet, and reproduce the winner's name, address, physical likeness, photograph, portraits, statements made by the winner, and use audio sound clips and video or film footage of the winner for the purpose of promoting the Lottery and its games.

    a.   Person's Likeness: If the Lottery, its agents, officers, employees, and representatives deem it suitable for advertising, promotional or publicity use, or press use, a winner further grants the Lottery the right to use and reproduce the winner's likeness in print either alone or in any combination with other persons. Examples of permitted uses include but are not limited to: Radio, television, newspapers, posters, billboards, commercials, magazines, print advertisements, and the Lottery web site.

    b.   Release: Each winner releases the State of Oregon, its agents, officers, employees, and representatives, the Oregon Lottery, its Director, agents, officers, employees, and representatives from any liability arising out of any blurring, distortion, alteration, or use in composite form whether intentional or otherwise, that may occur, or be produced in the printing and production process towards the completion of any finished product. A winner waives any right to inspect or approve the finished products, whether it is for a promotional campaign, advertising, or publicity.

    c.    Limitation: If Lottery uses the address of a winner, the address shall not contain the street or house number of the winner.
  9. Entertainment Only: Participation in the Program is for entertainment only and may not be used for commercial purposes or to generate income.

C. MEMBER ACCOUNTS

Upon registration at the website, the Lottery will establish a member account which is subject to the following:
  1. Limit on Accounts: A person may register for and have only one active member account. An active account means a member has logged into the account through the website at least once during a calendar year.
  2. Closure of Account: A member may close the member's account at any time by submitting a request to the Lottery to close the account. As of the date and time that the Lottery receives the request, the account is considered closed. If eligible, the person may register for a new account.
  3. Involuntary Closure: The Lottery may close a member's account at any time and for any reason, with or without notice to the member.
  4. Immediate Termination of Account: The Lottery will immediately terminate a member's access to the Program if the Lottery determines such access threatens the integrity, fairness, security, or honesty of the Lottery. Any member account that the Lottery determines is being used, or may be used to steal data from or to attack, infect, or intrude upon, any computer system owned by or associated with the Lottery or which in any way threatens the security of the Lottery's computer system, will immediately be closed. The Lottery reserves the right to seek damages to the fullest extent permitted by law and may seek criminal charges.
  5. Inactive Account: If a member's account has been inactive for one calendar year, or longer, the Lottery may close the account. Once closed, the person may register for a new account.
  6. Discontinuation of Program: The Lottery may discontinue the website at any time, with or without prior notice by the Lottery, and close all member accounts.
  7. Non-Commercial Use Only: A member account may not be used for any commercial purpose or for the generating of income. The Lottery may close a member account if it believes the account is being used for such purpose.
  8. Unauthorized Use: It is the member's responsibility to keep account log in and password information safe and secure to prevent unauthorized use of a member's account. It is also a member's responsibility to periodically check the member's account and to notify the Lottery if unauthorized activity has occurred. The Lottery is not responsible for any unauthorized use of a member's account.

D. 2ND CHANCE DRAWING ENTRIES

A 2nd Chance Drawing is a drawing for a Lottery prize in which an eligible non-winning Oregon Lottery ticket is submitted for the chance to win a prize. For certain 2nd Chance Drawings, as solely determined by the Lottery, a member may enter a drawing by submitting an electronic entry through the website. The following applies to 2nd Chance Drawing entries electronically submitted through the website:
  1. Odds of Winning: The odds of winning a 2nd Chance Drawing depend on the total number of entries received.
  2. Submission of Entries: By submitting an electronic entry, a member agrees that at the time of entry the member is using a computer or electronic device within the boundaries of the State of Oregon. For Scratch-it ticket entries, the member must enter the Game ID number, the box code, and ticket code. These numbers and codes are on the Scratch-it ticket. A non-winning Lottery ticket may only be submitted once for entry into a 2nd Chance Drawing. Failure to provide any of the required information will result in an invalid entry. Only electronic entries will be accepted. The Lottery will not submit entries on a member's behalf that are mailed or hand-delivered to the Lottery. A member is not required to retain the non-winning ticket in order to claim a 2nd Chance prize, but may be required to provide proof of identity to the Lottery. Only Scratch-it tickets from active Oregon Lottery games are eligible for entry into a 2nd Chance Drawing. An active game is an Oregon Lottery Scratch-it game that has not officially ended as set forth in OAR 177-050-0100.
  3. Validation of Entries: Each ticket and drawing entry is validated through the website. Invalid entries will not be processed.
  4. Ticket Limits: Entry of no more than 25 eligible Oregon Lottery tickets per game, per day will be allowed per member.
  5. Conduct of Drawing: A 2nd Chance Drawing will be held at such date, time, place, and in such manner as is determined by the Lottery. A 2nd Chance Drawing will be conducted only after the time for submitting entries has closed, as announced by the Lottery. During each drawing for each available prize, the Lottery will randomly select a winning Lottery ticket number as a winner from all the tickets submitted for that drawing. Only valid entries that have been submitted to the Lottery through the website are eligible for selection as a winning ticket number. To select a winning ticket number, the Lottery or its authorized agents, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery that ensures a random selection of a winning Lottery ticket number for the prize in the particular Lottery game.
  6. Suspension of Drawing: At the discretion of the Lottery Director, a 2nd Chance Drawing may be suspended. If the Director suspends a drawing the Director may hold a replacement drawing or cancel the drawing. If the 2nd Chance drawing is canceled, the Lottery, in its sole discretion, may provide a member who entered the drawing with a coupon for a Lottery product, the value of which shall be solely determined by the Lottery. This is a member's sole and exclusive remedy.
  7. Applicable Laws; Taxes and Fees: A 2nd Chance Drawing is subject to all applicable laws and administrative rules related to the Oregon Lottery. Unless otherwise stated by the Lottery for the particular 2nd Chance Drawing, all taxes and fees are the responsibility of the winner.

E. PROMOTIONAL DRAWINGS

No purchase is necessary and no fee is required to participate in a Promotional Drawing. No person may claim any right to participate in any Promotional Drawing or to receive from the Lottery any item of value offered by the Lottery through the website.
  1. Promotional Drawings: The Lottery may offer Promotional Drawings on a set frequency, such as weekly or monthly, and may offer "surprise" Promotional Drawings at random times. A Promotional Drawing is subject to the following:

    a. Odds: The odds of winning a Promotional Drawing depend on the total number of entries for the particular promotion.

    b. Conduct of Drawings: A Promotional Drawing will be held at such date, time, place, and in such manner as is determined by the Lottery. During each drawing for each available prize, the Lottery will randomly select a winner from all members eligible for the particular drawing or from all entries submitted by members for the particular drawing, as announced by the Lottery on the website. To select a winner, the Lottery or its authorized agents, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery that ensures a random selection of a winner.

    c. Suspension of Drawings: At the discretion of the Oregon Lottery Director, any or all Promotional Drawings may be suspended or terminated, with or without prior notice. If the Director suspends a drawing the Director may hold a replacement drawing or cancel the drawing. If a Promotional Drawing is canceled, the Lottery in its sole discretion may replace the drawing with another drawing. This is a member's sole and exclusive remedy.

    d. Eligibility: A member may participate in a Promotional Drawing only if eligible, as solely determined by the Lottery.

    e. Void Where Prohibited: Participation in a Promotional Drawing is void where prohibited by law.

    f. Substitution of Rewards and Prizes: The Lottery reserves the right to substitute items of equal or greater value for any Promotional Drawing as determined by the Lottery.

    g. Taxes and Fees: Unless otherwise stated by the Lottery in a particular Promotional Drawing, all taxes and fees are the responsibility of the member.

    h. Award Delivery: The Lottery will mail or otherwise deliver within the United States and without charge, a prize awarded in a Promotional Drawing, except that the Lottery may require the member to claim the prize at the Lottery Headquarters when notified. If a prize is returned to the Lottery as undeliverable, the member forfeits the prize without compensation of any kind.
F. WINNER NOTIFICATION AND CLAIMING 2ND CHANCE AND PROMOTIONAL DRAWING PRIZES
  1. 2nd Chance Prize Notification: The Lottery will notify the winner of a 2nd Chance Drawing by e-mail. The Lottery may also notify the winner by telephone, and if applicable, by mailing a certified letter through the US Postal Service. The effective date of notification is the date of the initial email notification. The winner must follow the 2nd Chance Drawing claim instructions posted on the website.
  2. Promotional Drawing Prize Notification: The Lottery will notify the winner of a Promotional Drawing prize by e-mail, and may also notify the winner by telephone. The effective date of notification is the date the e-mail is sent by the Lottery to the winner. The winner must follow the Promotional Drawing claim instructions posted on the website.
  3. Time Limits for Claiming 2nd Chance Drawing Prize:A winner of a 2nd Chance Drawing has 60 calendar days from the date of the e-mail notification in which to claim the prize.
  4. Time Limits for Claiming Promotional Drawing Prize: A winner of a Promotional Drawing prize has 14 calendar days from the date of the e-mail notification in which to claim the prize, unless otherwise specified in the special Terms for a particular Promotional Drawing.
  5. Forfeit 2nd Chance or Promotional Drawing Prize: If the winner of a 2nd Chance Drawing or Promotional Drawing is determined by the Lottery to have submitted an invalid entry or to be ineligible, or the winner fails to respond to the notification to claim a 2nd Chance prize or a Promotional Drawing prize within the time limits set by the Lottery, then the 2nd Chance or Promotional Drawing prize is forfeited by the winner and becomes an unclaimed prize. An unclaimed prize remains the property of the Lottery.
  6. Claim Forms: As a condition of receiving a 2nd Chance Prize, a Promotional Drawing prize, or any other item of value, the Lottery may require a member to submit a claim form to the Lottery. To be valid, the claim form must contain the required information, such as name, address, signature or identifying mark and social security number (if applicable) and a valid reference number. A valid claim form must be received by the Lottery within the applicable time period for claiming a 2nd Chance prize or a prize from a Promotional Drawing. An invalid claim form will not be accepted by the Lottery. The Lottery may, but is not required to, notify the claimant the claim form is invalid and may, but is not required to, return the claim form to the claimant. The claimant may resubmit a valid claim form as long as the applicable time period for claiming a 2nd Chance or Promotional Drawing prize has not expired.

    a. Electronic Claim Form: The Lottery may require that the claimant submit an electronic claim form through the Internet. The electronic claim form is received by the Lottery when the form enters the Lottery's information processing system in a retrievable form. The electronic claim form will be deemed received at the time and date noted electronically by the Lottery's information processing system. An electronic claim form must include the member's electronic signature that meets Lottery requirements.

    b. Paper Claim Form: Unless specified otherwise, the Lottery may permit a claimant to submit a paper claim form. The paper claim form is deemed received by fax or upon physical delivery to the Lottery's Headquarters in Salem, Oregon, either in person, through the U.S. mail or by delivery service.

    c. IRS W-9 Form: For a Promotional Drawing prize, in lieu of a claim form, Lottery may require the claimant to complete and submit an IRS W-9 form. Lottery will notify the winner and electronically provide the W-9 form to the claimant. The W-9 form must be electronically submitted to the Lottery within the time period for claiming the Promotional Drawing prize.
  7. Identification: The Lottery may require that a 2nd Chance Drawing or a Promotional Drawing prize be claimed in person at the Lottery's Headquarters, 500 Airport Road SE, Salem, Oregon 97301. At any time, the Lottery may require the claimant to present valid proof of identity to confirm the claimant is the registered member whose information is on file with the Lottery. A claimant who is unable to present valid identification upon request is ineligible to receive a 2nd Chance prize or be awarded a Promotional Drawing prize.
G. LIMITATION OF LIABILITY
  1. General: The State of Oregon, the Oregon State Lottery Commission, the Oregon State Lottery, and their respective agents, officers, and employees, are not liable for:

    a. Communication Issues: Late, lost, misrouted, garbled, distorted, or damaged entries, claims, notifications, other communications, or transmissions;

    b. Software and Hardware Issues: Telephone, electronic, hardware, software, network, Internet, or other computer, or communications-related malfunctions or failures. This includes, but is not limited to, lost 2nd Chance Drawing entries, or any canceled 2nd Chance Drawing or Promotional Drawing, caused by any malfunction or through operator error;

    c. Disruptions and Errors: Promotion disruptions, any printing or typographical errors in any materials associated with a promotion;

    d. Delivery Issues: Entries, claims, or other communications not received by the Lottery or that are lost in the mail or delivered elsewhere, or are electronically misrouted or misdirected; or

    e. Losses or Damages: Other injuries, losses, or damages arising from, related to, or caused by a promotion, or any claims arising from or related to the acceptance, possession, or use of any 2nd Chance prize, Promotional Drawing prize, giveaway, or any other item of value offered by the Lottery.

    f. Improper Submission of Entries: Any non-winning Scratch-it tickets mailed or hand-delivered to Oregon Lottery Headquarters will not be returned to the member and will not be entered in any 2nd Chance Drawing.

    g. Voluntary Participation: Participation in a 2nd Chance Drawing, a Promotional drawing, and the Program are voluntary. Acceptance of any 2nd Chance prize, Promotional Drawing prize, giveaway, or other item of value offered by the Lottery is voluntary. Promotions that require persons to compete with other persons, play games, or complete tasks, or any similar activities (even activities conducted online) carry a risk of personal injury or death. Participation is at the person's own risk.

    h. Other Injuries: Any injuries, losses, or damages arising from use of the website, including but not limited to, malware, computer viruses, bugs, or cancel-bots, or any errors or defects in any promotion, 2nd Chance Drawing, or Promotional Drawing, which affects a member's enjoyment of the website or causes damage to a member's personal property.

  2. No Warranties: Use of the website and participation in the Program is at the member's own risk. The Lottery is providing the website "As Is" without any express or implied warranties and on an "as available" basis. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE OREGON STATE LOTTERY AND ITS CONTRACTORS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
  3. Not Liable for Damages: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE STATE OF OREGON, THE OREGON STATE LOTTERY COMMISSION, THE OREGON STATE LOTTERY, AND THEIR RESPECTIVE AGENTS, OFFICERS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF A MEMBER'S PARTICIPATION IN THE PROGRAM OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY 2ND CHANCE OR PROMOTIONAL DRAWINGS, 2nd CHANCE PRIZE, PROMOTIONAL PRIZES, OR ANY OTHER USE, EVEN IF ANY OR ALL OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. No Responsibility for Third Party Actions: The Lottery does not guarantee that the website will be safe or secure. The Lottery is not responsible for the actions, content, information or data of third parties, and a member releases the State of Oregon, the Oregon State Lottery Commission, the Oregon State Lottery, and their respective agents, officers, and employees, and contractors from any claims and damages, known and unknown, arising out of or in any way connected with any claim against a third party arising from the use of the website.
H. GENERAL TERMS AND CONDITIONS
  1. Revisions: The Lottery may at any time revise these Terms. By participating in the Program and using the website, a member agrees to be bound by any such revisions and agrees to periodically review the Terms posted on the website to view the current Terms to which the member is bound.
  2. Choice of Law: The laws of the State of Oregon (without giving effect to its conflicts of law principles), govern all matters arising out of or relating to these Terms, including, without limitation, their validity, interpretation, construction, performance and enforcement.
  3. Designation of Forum/Consent to Jurisdiction: Any member bringing a legal action against State of Oregon, the Oregon State Lottery Commission, the Oregon State Lottery, and their respective agents, officers, employees, and contractors arising out of or relating to these Terms, use of the website and participation in the Program shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. A member hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. Notwithstanding the above, if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This applies to a claim brought against the State of Oregon, the Oregon Lottery Commission and the Oregon State Lottery, only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in Federal Court. This section is also not a waiver by the State of Oregon of any form of immunity based on the Eleventh Amendment to the Constitution of the United States.
  4. Invalid or Unenforceable: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
  5. Finality of Decision: The decision of the Oregon Lottery Director, including, but not limited to, the amount or nature of a 2nd Chance Prize or Promotional Drawing prize, the validity of an entry, whether an entry is a winner, whether an entry was submitted in error, and whether an entrant has won a 2nd Chance Prize, Promotional Drawing prize, or other item of value is final and binding on the member.
  6. Disputes Related to Member Accounts and Promotional Drawings: In the event of a dispute between the Lottery and a member regarding entry into a Promotional Drawing, whether the member is entitled to a prize, or any other dispute involving a member's account or a promotion, the Lottery may, at the Lottery's sole discretion, provide the member with the opportunity to enter another Promotional Drawing, or may provide the member a Free Play Certificate for any current Lottery game. This is the member's sole and exclusive remedy.
  7. Disputes Related to 2nd Chance Drawings: In the event a dispute occurs between the Lottery and a member as to the amount of a 2nd Chance prize, whether a member entered a 2nd Chance Prize drawing, whether a member has won a 2nd Chance drawing, whether the member is eligible to receive a 2nd Chance drawing prize, the Lottery Director will provide the member with one unplayed ticket from any current Lottery game, and also in the Director's sole discretion, may provide up to one hundred new Oregon Lottery tickets or shares from any current game. This is the member's sole and exclusive remedy.
  8. Indemnification: By participating in the Program and using the website, a member agrees to hold harmless, defend and indemnify the State of Oregon, the Oregon State Lottery Commission, the Oregon State Lottery, and their respective agents, officers, employees, and contractors from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of the member's participation in the Program or use of the website, materials or related services, the member's violation or breach of these Terms, or any other act or omission by the member related to the member's participation in the Program or use of the website.
  9. Captions: Where captions and headings are provided in these Terms, they are for the convenience of the user only and have no substantive effect.



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