LOTTERY SUBSCRIPTION SYSTEM TERMS AND CONDITIONS
A Virginia Lottery MyGameRoom Account provides Players living in Virginia the option of purchasing and playing selected games on a personal computer or mobile device. These Terms and conditions apply specifically to the Virginia Lottery Subscriptions System.
Definitions. Whenever used herein:
“Account” refers to a Virginia Lottery MyGameRoom account which allows a Player to access the Subscription Service.
“Executive Director” refers to the Executive Director of the Virginia Lottery.
“Lottery” or “We” or “Our” refers to the Virginia Lottery, its agents, and vendor partners involved in the maintenance, production, and/or delivery of the Website and/or the Subscription System.
“Natural Person” 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, obtains a Subscription, and/or engages in any activity with the Virginia Lottery.
“Service” refers to the ability to order Subscriptions from the Virginia Lottery.
“Subscription” refers to the extended, multi-draw purchase of a set or sets of numbers by a Player that will be placed for a specified number of game drawings.
“System” refers to the Virginia Lottery Subscription System itself.
“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 a Subscription via Our System, You hereby accept and agree to be legally bound by all of the Terms included herein. You should not order or renew a Subscription if You do not accept and agree to be bound by said Terms as You will not be authorized to use the Service.
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 Subscription Service 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 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 Subscription System and/or 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.
By violating any of these Terms, You waive and forfeit any claim to a prize or a portion of a prize.
USE OF SERVICE
General Requirements. To use the Subscription Service, You must:
> be at least 18 years of age;
> have a MyGameRoom Account;
> have sufficient funds in the Account to cover the Subscription order;
> be a Virginia resident;
> be physically present in Virginia at the time of both the deposit to the Account and the Subscription order; and
> be in compliance with federal, state, and local laws, these Terms, and Virginia Lottery regulations and rules.
You agree to not use the Subscription Service 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;
> purchases a Subscription 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;
> 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 or Services;
> alters, damages, deletes, or otherwise affects any software or code used for these Services;
> 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 this Service (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 this Service for its intended purpose only and in accordance with these Terms. We may revoke the limited license at any time. Your use of this Service 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 this Service 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, this Service, 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, this Service, or any aspect thereof;
> access or attempt to access source code for this Website, its content, or this Services;
> sell, assign, sublicense, lease, or otherwise exploit this Website, its content, this Service, or any aspect thereof;
> export any software used for this Website, its content, this Service, or any aspect thereof to any other jurisdiction or country by any means; or
> use this Website, its content, or this Service 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 Service or any aspect of this Service at any time and without notice. We are not liable for any damages or losses resulting from any such changes.
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,
> 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
> not prohibited from gambling, purchasing lottery tickets, or otherwise using this Website or this Service.
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 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.
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.
Application denials. You understand and agree that a MyGameRoom 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.
Transaction history. You understand and agree that We may record and store any transactions You conduct through this Service. Specific transaction histories of Your Account deposits, Subscriptions purchased, 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 a lottery ticket, 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 the 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 and Conditions.
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 for a specific number of months (1, 3, or 6) through the Lottery’s responsible gaming tools or by contacting the Lottery Support Center. During an exclusion, You will not be able to purchase Subscriptions, 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 Player 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 Subscription-related marketing material to You during an exclusion.
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 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.
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:
> are physically located in Virginia at the time of deposit;
> have authority to use the payment source and method selected;
> 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.
Purchases. Initiating any purchase through this Website constitutes Your consent to deduct the cost of that purchase 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.
Game Subscription offered. The Lottery:
> does not guarantee that any specific Lottery game will be offered through this Website via Subscription;
> may limit purchases of any game, ticket, and/or wager on a particular set of numbers at any time and without notice; and
> 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.
Subscription 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 the retail price. The Player agrees that the Executive Director’s decision to replace or refund a ticket is the Player’s exclusive legal remedy.
Claims in general. Subject to these Terms and all applicable state and federal law, prizes won through this Service shall be claimed as follows:
> prizes of $600 or less are automatically deposited into a Player’s Account*;
> prizes over $600 up to $99,999 must be claimed online within the time specified by the game rules; and
> prizes $100,000 and above must be claimed in person within the time specified in the game rules at a designated Lottery Customer Service Center.
*upon completion of all required claim documents and processes.
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. 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 over $600 and up to $99,999. 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 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 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 804-420-9584 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 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 are required to withhold state and federal tax 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.
Debt Set-off. Before paying any prize greater than $100, 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. Any prize that is not claimed within 180 days of the drawing will be deemed unclaimed and forfeited, and deposited to the Virginia State Literary Fund in accordance with state law. 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.
Prize withdrawals only. You may only withdraw prizes from Your Account. You may not withdraw deposits You have made into the Account unless required by law. It is Your sole responsibility to deposit no more than You intend to use to purchase Subscriptions.
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 Your Account or by calling 804-420-9584. 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 understands and agrees 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; and
> will only share Your personal information with third parties in accordance with these Terms and the Lottery’s Privacy Statement:
o in order to perform a transaction a Player has requested;
o if We have Your consent;
o if We need to protect Our rights or property; or
o 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 this Website.
Winner information. If You win any prize 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.
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 Website, this Service, or a Player Account may be unavailable, delayed, limited, or slowed by various disruptions. The Lottery does not guarantee that this Website, this Service, or a Player 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 Website, this Service, or a Player Account.
Disclaimer of warranties. This Website, this Service, and Player 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 Website, this Service or Player 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 Website, this Service, or a Player 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 Website, this Service, 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 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.
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:
> printing or computer error;
> omission, interruption, irregularity, deletion, defect, or delay in this Website, this Service, or a Player’s 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 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, this Service, 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 Website, this Service, or Your Account; breach of these Terms; inability to access this Website, this Service, or Your Account; failure to report, or reliance on, any error or omission on this Website, this Service, or Your Account; or propagation or contraction of any computer virus in connection with Your use of this Website, this Service, or Your 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 Website, this Service, 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 Website, this Service, or Your Account.
Comments and questions. The Lottery is always seeking to improve and welcome Your feedback. Please visit us at the Lottery Support Center to submit comments or suggestions. If You have any questions about this Website or the above Terms, please contact us using the Lottery Support Center form.
Location requirement. You must be physically located in Virginia to deposit funds into Your Account or purchase a lottery Subscription through this Website. Any deposit of funds, purchase of a Subscription, or attempt to deposit funds or purchase a Subscription 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 Subscription purchased 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 made a deposit or purchased a lottery Subscription through this Website while located outside of Virginia, We reserve the right to deem Your deposit invalid, 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 deposits or purchasing any lottery Subscription 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 or this Service, 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. 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 mobile device. The location of Your mobile device will only be obtained from Your mobile carrier with additional consent from You. Mobile location data is transmitted via Secure Socket Layer technology into password protected servers. This information is accessible only by the Service provider for the purpose of determining Your location in relation to use of this Website. If verification through Your mobile device is required, an interactive message will appear when You log into Your Account. To consent and opt-in to the mobile-location Service, simply follow the instructions provided at log-in. The mobile location Service will not be available if the mobile device is roaming or turned off.
The mobile location Service will remain active until canceled. You may cancel at any time by texting “STOP” to 41266 or by calling 804-420-9584. For support, text "HELP" to 41266 or call 804-420-9584. When mobile location check is active, You will receive an SMS text message once a month reminding You that it is active. Your mobile Service carrier’s message and data rates may apply.
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 Website). Due to Lottery prize validation requirements, a record confirming Your location may be retained for at least 14 months.
Carrier compatibility. Mobile location Service is available on North America’s Tier 1 carriers (AT&T, T-Mobile, Sprint and Verizon) and a few Tier 2 carriers (US Cellular, Boost, MetroPCS and Virgin Mobile). Other network carriers will be added as they become available.