“Account” defined below under “Account Registration”.
“Agreement Terms” and “Agreement” defined below under “Binding Stipulations and Obligations”.
“Commission” defined below under “Binding Stipulations and Obligations”.
“Content” defined below under “Online Content”.
“Conduct” defined below under “Online Conduct and Content”.
“Lottery”, “Maryland Lottery”, “we”, “us”, and “our” defined at mdlottery.com in “About Us” under the heading “Accessibility” and below under “Binding Stipulations and Obligations”.
“MD Lottery” defined at mdlottery.com in “About Us” under the heading “Disclaimer” and below under “Binding Stipulations and Obligations”.
“Member”, “Membership”, “you”, “your”, and “yourself” defined below under “Account Registration”.
“My Lottery Rewards” defined under “Binding Stipulations and Obligations”.
“Play It Again” defined under “Binding Stipulations and Obligations”.
“Points for Prizes” defined under “Binding Stipulations and Obligations”.
“Promotions” defined under “Binding Stipulations and Obligations”.
“Provider” defined below under “Binding Stipulations and Obligations”.
“Rules” defined below under “Binding Stipulations and Obligations”.
“Service” defined below under “Binding Stipulations and Obligations”.
“Site” defined at mdlottery.com in “About Us” under the heading “Disclaimer”.
“State”, defined below under “Binding Stipulations and Obligations”.
“Terms” defined at mdlottery.com in “About Us” under the heading “Terms and Conditions”.
“Tickets” defined at mdlottery.com/rewards in “Points for Prizes®/Points for Drawings® Official Rules and Conditions of Eligibility” (which are located in the mdlottery.com/rewards Help menu under “Rules”) under the heading “General”.
“User” and “Users” defined at mdlottery.com in “About Us” under the heading “Disclaimer”.
“www.mdlottery.com online network” defined at mdlottery.com in “About Us” under the heading “Disclaimer”.
“Website” defined below under “Binding Stipulations and Obligations”.
1. Binding Stipulations and Obligations
(a) The Internet service (the “Service“) provided by Scientific Games and operated by MDI Entertainment, LLC (MDI), a subsidiary of SGI (jointly, the “Provider”) to the Maryland State Lottery and Gaming Control Agency (“Lottery“, “Maryland Lottery”, “we”, “us”, or “our” ) is composed of the My Lottery Rewards portion of the www.mdlottery.com online network (“My Lottery Rewards”). My Lottery Rewards includes: i) a second chance entry portion, Play It Again (including any websites under that general website and other specified second chance promotions as announced) (“Play It Again”), ii) the points for prizes collection, management and redemption website (“Points For Prizes“), iii) the Promotions portion (which may include second chance opportunities) of the Website (“Promotions,”) and iv) affiliated sites, (all websites related to My Lottery Rewards are referred to collectively as, “Website“), and offers various player information, activities, products, and services related to the Lottery and the My Lottery Rewards program.
(c) By using the Service, the Website, or any associated material or site, you acknowledge your agreement to these Agreement Terms, including the rules and regulations which apply to your use of any feature of the Service or the Website, such as Points for Prizes, Promotions, Play It Again, Bonus Drawings and any other rules governing drawings, promotions, games or other offerings offered in connection with the Website (“Rules”), all of which are incorporated by reference into these Agreement Terms. If there is any conflict between the Rules and the rest of the Agreement Terms, the Lottery shall resolve the conflict at the Lottery’s sole discretion.
(d) The Lottery may change, modify, update, revise, add to, or remove any portion or all of the Agreement Terms, including the Rules, at any time without notice, by posting new Agreement Terms at this location or at www.mdlottery.com and the new Agreement Terms shall be effective immediately when posted on this location or mdlottery.com. You are responsible for reviewing the Agreement Terms (including the Rules) periodically for any such change, modification, etc. Your continued use of the Website and Service after such posting means that you accept all such changes, modifications, updates, revisions, additions, or removals. If you do not agree to the Agreement Terms, including the Rules, your sole remedy is to cease to access the Website and to cancel any Account or services for which you have enrolled or registered. The Lottery may determine expiration dates for points and entries, and may set final claiming dates. Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale of points is strictly prohibited. Any points remaining in your Account at any termination or cancellation will be forfeited without compensation unless the Lottery determines otherwise. My Lottery Rewards, and/or any relevant portion of it, is void where prohibited.
(f) The Agreement Terms constitute the entire agreement between you and Lottery regarding your use of, and rights and obligations in your use of: the Service and the Website, and the information, activities, products and services provided on this Website. If you have questions about the Agreement Terms, including the Rules, send an e-mail message to Lottery Customer Resources at: firstname.lastname@example.org , and please put “My Lottery Rewards” in your e-mail’s subject line. Provider may provide additional terms of your agreement with Provider on a separate page on this Website.
(g) This Website contains, among other things, information related to the products and services of the Lottery. These Agreement Terms contain terms, conditions, stipulations, and obligations applicable to your general use of this Website and the services, products, activities, and information on this Website, but do not contain all applicable terms, conditions, limitations, or exclusions related to this Website, our products, or services. Please also review all Terms, including disclosures and notices, at www.mdlottery.com under “About us”.
(h) DISCLAIMER. The Lottery, the Maryland State Lottery and Gaming Control Commission (“Commission”), the State of Maryland, and their members, employees, agents, representatives, officials, officers, directors, affiliates, retailers, successors and/or assigns (individually and collectively, “MD Lottery”) MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMED LIABILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION FROM THIS WEBSITE OR THE LINKS TO ANY SERVERS OR THE LOTTERY’S HOME PAGE.
(i) Eligible Tickets: Defined at mdlottery.com/rewards in “Points for Prizes®/Points for Drawings® Official Rules and Conditions of Eligibility” (which are located u in the mdlottery.com/rewards Help menu under “Rules”) under the heading “Eligibility for Points”.
(j) By using the Service or the Website, you agree to participate in any related Lottery event, including any Lottery event that may be public, taped, or televised, or to send a proxy who will participate. The Lottery reserves the right to approve or reject any proxy designated by you. You agree that in any public, taped, or televised Lottery event you and your proxy will behave in a reasonable, respectful and cooperative manner and will not be under the influence of drugs or alcohol. You also agree to wear at any public, taped, or televised Lottery event clothing that contains no logos or writing, and the Lottery reserves the right to determine what clothing is acceptable for appearing in the public, taped, or televised Lottery event. The Lottery also reserves the right to: require you and any proxies to wear clothing provided by the Lottery; and appoint a proxy or stand-in if your or proxy’s clothing, behavior, or other aspect is not acceptable, in the Lottery’s reasonable sole discretion.
(k) Online Content
“Content” includes the software, communications, images, text, sounds, and all the material and information you may see on the Website. Provider or Lottery provides most of the Content on Website. It is possible through certain activities and services of My Lottery Rewards 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 or Lottery via any feedback e-mail function within the Website. False information, vulgar language, crude or explicit sexual references, discussions of illegal drugs, alcohol use, racially or ethnically offensive content, and hate speech are always inappropriate Content for the Website and may be removed by Lottery or Provider. Member Content on the Website is monitored by Lottery. Lottery reserves the right to prevent the publication of Content that is objectionable to Lottery for any reason. This determination is at our sole discretion, and is final. Lottery does not have any liability for any failure to remove, or any delay in removing, Content.
If 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 Agreement Terms before, Lottery may have Provider terminate your Membership. Sending a feedback e-mail to Provider or Lottery that includes inappropriate Content may result in termination of Membership. In addition, Lottery may have Provider terminate your Membership at any time with or without notice.
(l) Online Conduct and Content
Online conduct (“Conduct”) should be guided by common sense and basic etiquette and is subject to rules, policies and statutes of the Lottery, Commission, the Maryland State Lottery Law, and the State of Maryland. Lottery has zero tolerance for illegal or inappropriate Conduct on the Website. 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. If you violate any of the Agreement Terms, the Lottery may instruct Provider to terminate your Membership and may cooperate with appropriate law enforcement agencies in investigating any illegal behavior.
You agree that you will be personally responsible for your Conduct on, and for, all of your communication and activity on the Website or Service, including any Content you contribute, and that you will defend, indemnify and hold harmless MD Lottery, Provider, their affiliates, contractors, and Content providers, and their employees, officers, agents, representatives, officials, and directors from any liability or damages arising from your conduct on Website, including any Content that you contribute or that you copy and distribute.
(m) Public Nature of Communications
Lottery is not responsible for information that you choose to communicate to other Users on Website, or for the actions of other Users. Once you post or send any Content to Website, you expressly grant 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.
(n) If you encounter another User who is violating any of the Agreement Terms, you may report them using the Member Feedback form.
(o) Availability to Public of Submitted Information: Information submitted in connection with the Website, including your name and other information, may be subject to disclosure pursuant to the Maryland Public Information Act, §10-611 et seq. of the State Government Article of the Annotated Code of Maryland.
(p) If you alter any Lottery ticket or entry you are subject to prosecution.
2. Account Registration
(b) To create an Account and to be eligible to enter tickets for points and to enter drawings, you must be 18 years of age or older and you must provide your birth date. You must also provide your full name, a valid United States address, a telephone number, the last four numbers of your Social Security Number, and a legitimate, working e-mail address that is registered in your name, and you must select and provide a password. (If you do not have a phone, you may provide the phone number of a person who agrees to let you provide that telephone number, and who can reach you and obtain any needed response from you or relay any needed information). Your online identity is your first name and your e-mail address. You may not use an online identity that is used by someone else, and your online identity may not be vulgar, or otherwise offensive, or be used in any way that violates the Agreement Terms. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Account. You are not permitted to create additional accounts if your email or other relevant information changes. You may log in with your existing account credentials and make any desired changes at any time. You are responsible for maintaining updated contact information in the My Account area of the Website. The Lottery is not responsible for any incorrect or inaccurate information supplied by any Member.
(c) The following are not eligible to participate in My Lottery Rewards or any portion of it (so necessarily are not eligible to earn points for the redemption of items in the Points for Prizes store, or to enter a drawing to win a prize or to participate in any information, activity, product, or service on the Website, or to participate in any other portion of My Lottery Rewards; and are prohibited from receiving any items from the Points for Prizes Store or claiming any prize won in a second chance drawing or any other promotion):
i. any officer or employee of the Maryland Lottery, or any spouse, child, parent, or sibling of an officer or employee of the Maryland Lottery who resides in the same residence as the officer or employee;
ii. any officer or employee of any Maryland Lottery vendor (including the Lottery’s advertising agencies, broadcast station, on-line gaming contractor, instant ticket contractor, SGI, and/or MDI, and/or any of their parent companies, subsidiaries, or subcontractors, and/or any member of such officer or employee’s immediate family (spouse, child, parent, or sibling) who resides in the same residence as the officer or employee; and
iii. any participant in the Lottery’s Voluntary Exclusion Program (and please see paragraph 16. Additional Provisions, subparagraph (h)).
(d) You may have no more than one (1) single active Account. Lottery reserves the right, without warning, to terminate the Membership of any Member who purposely establishes more than one single active Account. Provider reserves the right to act upon Lottery’s instructions to terminate Membership as directed by the Lottery.
(e) 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 and Lottery will not ask you to reveal your password or ever initiate any contact with you by asking for your password. If you forget your password, follow the procedures outlined on Website, by clicking on the “forgot your password?” link on the log-in page. You may change your password at any time when logged in, at the “My Account” page. You agree to defend, indemnify and hold harmless the Lottery, and all of the rest of MD Lottery, for: i) any improper or illegal use of your Account; ii) any illegal or improper use by someone to whom you have given permission to use your Account; and/or iii) any illegal or improper use of your Account by someone who closes your Account. Your Account/Membership is at risk if you let someone use it inappropriately and your Account may be immediately terminated if you or anyone using your Account/Membership violates the Agreement Terms. If your Account/Membership is terminated, you will lose and forfeit any earned points and entries for drawings you may have, and any other benefits obtained or with the potential to be obtained via the Website. You may not join the Website again without the express written permission of Lottery, and Lottery will be under no obligation whatsoever to consider any request for Membership reinstatement. To prevent fraudulent submissions, after ten (10) consecutive attempts to submit entries that are not recognized as eligible Lottery tickets, you will be unable to submit entries for 24 hours.
(f) The required entry information from an eligible Lottery Ticket includes: 1) Scratch-off Ticket: the 13-digit ticket number from the BACK of the ticket and the 13-digit Validation number located under the latex from the FRONT of the ticket; or any other information as determined by the Lottery. 2) Terminal Ticket: the 25-digit Rewards Points Code on the FRONT of the ticket; or any other information as determined by the Lottery.
3. Prohibited Acts
You will violate the Agreement Terms and the Lottery may immediately terminate your Account and delete any submission, entry, and any other input by you to the Site (and may take steps to subject you to additional legal action) if you (or others using your Account) do any of the following:
- 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.
- Transmit or facilitate distribution of Content that may contain: any vulgar language; any personal attack of any kind; any offensive comment that targets or disparages any ethnic, racial, or religious group; any spam; anything clearly off topic; or anything that may promote, advocate, or encourage any illegal activity.
- Impersonate another person (including celebrities); falsely indicate that you are an employee of Provider or Lottery or a representative of the Lottery, Provider, or Website; or attempt to mislead another person by indicating that you represent Provider or Lottery or any of Provider or 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 Website. Remember: employees of Provider or Lottery will NEVER ask for your password; DO NOT give your password out to anyone.
- Upload any software or Content that you do not own or that you do not have permission to freely distribute.
- Promote, advocate, 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 the Website member feedback form or Provider Customer Support or Lottery Customer Resources.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
- Modify any part of Website that Lottery does not specifically authorize you to modify.
- Violate any applicable laws, regulations or rules wherever you are when on Website. This includes rules for use of our or third-party technology and Content, rules of interactive service providers, and any other 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. Provider and Lottery have zero tolerance for illegal behavior and cooperate with law enforcement in such matters.
- Interfere with, hack into, or decipher any transmissions to or from the servers running Website.
- Exploit any bug in the Service to gain unfair advantage in any Website activity, or communicate the existence of any such bug to any other User of the Service or Website.
- Take any action that interferes with the ability of other Users to enjoy using the Website or that materially increases the expense or difficulty of maintaining the Service for the enjoyment and use of all its Users.
- Submit any entry other than from eligible Lottery tickets.
- Attempt to manually or automatically submit any fraudulent entry.
- Violate any provision of the Agreement Terms.
4. Termination and Cancellation of Membership
(c) You have the right to 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 Website and/or with Lottery. This includes, but is not limited to, any dispute related to, or arising out of: (1) any portion of the Agreement Terms or Lottery’s enforcement or application of the Agreement Terms; (2) the Content available through Website or any change in Content provided through Website; or (3) your ability to access and/or use Website. You may cancel your Membership by contacting Provider Customer Support through the Member Feedback form at the Help tab on the Website or by calling 1-800-201-0108. A telephone request must be confirmed in writing. Cancellation request may take up to three (3) business days to process.
(d) In the event that your Membership is terminated by Lottery or cancelled by you: i) You will have no further access to your Account or anything within the Website associated with it; ii) Any live entry for any second chance game or promotion will be deleted; iii) Any unredeemed Points For Prizes points that are assigned to the cancelled or terminated Account will be deleted; iv) At its discretion, Lottery may delete any other Content at the Website that is associated with the Membership; and v) Lottery may take other actions, including reporting criminal activity to appropriate authorities and bringing civil claims against you. An active Member may not allow a terminated or cancelled Member to use the active Member’s Account to access the Website.
5. Second Chance, Promotions, and Other
You agree that you will submit entries only from eligible Lottery tickets. Attempting to manually or automatically submit any fraudulent entry into any drawing, second chance promotion, or other promotion related to the Service or Website is cause for termination of Membership and you may be subject to additional legal action.
Additionally, you expressly grant Lottery permission to include your name, hometown and any likeness or photograph (including a photograph taken by Lottery) in association with your winning a prize or being selected or designated a winner in any second chance promotion, promotion, project, drawing, bonus drawing, or any other product, service or activity as may be available on Website from time to time and that you have participated in as a Member. You agree that your participation as a Member is voluntary. See also further provisions, including Paragraphs 6 (Taxes and State Obligations) and 15 (Additional Provisions), including 15(e).
6. Taxes and State Obligations.
Regarding Second Chance, Points for Drawings, Promotions, and other offerings (excluding Points for Prizes):
(a) If you win a prize and you owe State Obligations, which include but are not limited to child support and/or certain other obligations to a State agency or other governmental entity, then:
i. If you win a merchandise prize or an experiential prize, or a Trip Prize (which may be referred to jointly or severally as, “Merchandise Prize”), and you owe State Obligations, then you must pay those outstanding State Obligations in order to receive the Merchandise Prize. If any of those outstanding State Obligations are not paid off within five (5) business days [or another period if so provided in the general or specific Second Chance, Promotion, Drawing or other offering rules] of claiming the prize, then, at the option of the Lottery or MDI (or any other entity fulfilling the prize), a) you will be required to receive cash in substitution for the Merchandise Prize, the substitute cash prize will be applied to your unpaid State Obligations, you will be taxed on the value of the substitute cash prize, and further amounts may be owed; or b) you will be disqualified and an alternate winner may be selected. Your points will not be refunded. You may not assert any right or remedy on account of any substitution, disqualification, lack of refund, or other action by the Lottery.
ii. If you win a cash prize, then the cash prize will be applied to your unpaid State Obligations. You will be taxed on the value of the cash prize. Further amounts may be owed.
(b) Any Member is responsible for all taxes, including income taxes regarding any prize. You will receive a W-2G form for any prize won with a value greater than $600. All amounts/values paid to you or on your behalf will be included in your taxable income. You will be taxed on those amounts. The minimum required Federal and state taxes will be withheld from all cash prizes over $5,000.
(c) If you win, you must complete a Lottery Claim Form, including Social Security number (SSN), and must provide proof of your SSN and must furnish photo I.D. proof of being at least 18 years of age;
7. Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on Website. Chain letters and pyramid schemes are not allowed. You may not use any aspect of Website to collect information, including login identity/online identities, about Website Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Website or any services, products, information, or activities offered on the Website for any commercial purpose. Any violation of these provisions can subject your Membership to immediate termination and further legal action.
8. Use of Machines, Computers, and Scripts
The use of machines, computers except as authorized by Lottery, scripts, or any automated system on Website is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code.
9. Proprietary Rights; Copyrights and Trademarks
(a) Except for third party Content, the Contents on the Website are owned by Lottery. All rights are reserved. Third party Content includes Content that is provided by Provider or by other Content owners who provide a license to Provider or Lottery and that is protected by copyrights, trademarks, and other intellectual property rights. You may not copy or download any Content from Website unless we have expressly authorized you to do so in writing. You must have the legal right to upload any Content to Website before you do so. You may not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Website unless Provider or Lottery or the licensor of either of them, depending on who owns the Content, expressly in writing authorizes you to do so. Without limiting the foregoing, you may not (i) direct link, inline link, deep link, or otherwise hyperlink any page of this Website other than the home page or (ii) page-scrape, robot, spider, hack, password mine or use any similar automatic or manual program or process to use the Website. We retain and exclusively own all right, title and interest in and to our computer programs, software, and technology (“Technology”), our trademarks, trade names, brand names, logotypes, symbols, service marks, domain names, and the goodwill of the business symbolized thereby (“Trademarks”) and our methodologies, processes, techniques, ideas, concepts, trade secrets and know-how (“Knowledge”), as well as our copyrights, patents, trade dress or other intellectual property rights, including, without limitations, any Technology, Trademarks, knowledge or copyrights, patents, trade dress or other intellectual property rights developed, generated or supplied by you in connection with your use of this Website and the services, products and information on this Website.
(b) Making unauthorized copies of any Content found on the Website can lead to the immediate termination of your Membership and may subject you to further legal action. If other Content owners take criminal or civil action against you or against Lottery or any other portion of MD Lottery as a result of your actions, you agree to defend, indemnify, and hold harmless MD Lottery and its affiliates, Contractors, related companies, and their employees, officials, members, officers, directors, agents, and licensors from all such claims.
10. Website Software
(a) Some activities on Website may require that you download software from Provider or Lottery or their licensors onto your computer. Provider and Lottery grant to you a non-exclusive, limited license to use Website Software as required to use the Service or Website. You may not sub-license or charge others to use or access Website Software. You may not use Website Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Website Software. You may not modify Website Software or use it in any way not expressly authorized in writing by the entity which owns the Website Software. You understand that Provider or Lottery’s introduction of various technologies may not be consistent across all Internet browser platforms and that the performance and some features offered on the Website or by the Service may vary depending on your computer and other equipment.
(b) NEITHER LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE WEBSITE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE OR PERSON), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
(c) Website Software may be subject to United States export controls. By downloading Website Software, you warrant that you are not located in any country, or exporting Website Software to any person or place in a country or place, to which the United States has embargoed goods.
11. Export Control Laws
(a) You agree to abide by United States and other applicable export control laws and to not transfer, by electronic transmission or otherwise, any Content or Website 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 Website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. Your agreements, assurances and commitments in this Section shall survive termination or cancellation of this Agreement or your Membership.
12. User’s Computer Information
13. Links to Third-Party Sites
Website may include hyperlinks to websites operated by parties other than Provider or Lottery. Third-Party sites may collect data or solicit personal information from you. Provider and Lottery do not control websites that are hyperlinked from the Website and Provider and Lottery are not responsible for their content or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
14. Limitations On Warranty And Liability
(a) YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, WEBSITE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, 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. THROUGH THE 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 OR LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LOTTERY OR ITS LICENSORS OR THIRD PARTIES CONTRACTING WITH THEM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR MEMBERSHIP.
(c) YOU ACKNOWLEDGE AND AGREE THAT MD LOTTERY, ITS 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 WEBSITE SOFTWARE. IN NO CASE SHALL MD LOTTERY OR ITS WEBSITE 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 WEBSITE. 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, LOTTERY AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW AND, AS APPLICABLE, MARYLAND LAW SHALL APPLY. LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(d) MD LOTTERY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (1) YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS, ACTIVITIES, OR SERVICES ON THIS WEBSITE; (2) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT IN ANY WIDGET WE MAY USE); OR (3) ANY OTHER MATTER RELATED TO THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES ON THIS WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
(e) MD Lottery is not responsible for any negligence of any person or entity, including any portion of MD Lottery, or for any claim, liability, injury, death, property loss, or other damage of or to you, Lottery players, winners, guests, other participants, and/or their family members, or other persons, arising directly or indirectly from or in connection with the participation in or the use or misuse of prizes selected, awarded, or with participation in any second chance or any other activity, promotion, service, product, information, or other opportunity through the My Lottery Rewards website or any other portion of the www.mdlottery.com online network, or in any event or occurrence related to any of them, including, but not limited to claims for damage to property, for personal injury or death, or claims based on defamation, rights of privacy, rights of publicity, or delivery of cash or merchandise, or other prize.
(f) MD Lottery is not liable or responsible for any loss, theft, damage, or destruction to or of all or any portion of any of the prizes, whether during delivery or at any other time;
(g) MD Lottery has not made, and is not responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to any service, product, promotion, information, activity, or prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose;
(h) MD Lottery is not responsible or liable for the quality of any prize, including but not limited to any prize in Points for Prizes, Promotions, and any second chance.
(i) that under no circumstances shall MD Lottery be held liable for any delay or failure of this Website, or for any of the services, products, activities, promotions, prizes, or information on this Website.
(j) Further limitations on warranty and liability are stated throughout the Agreement Terms. The provisions of this Section are in addition to, and not intended to limit or modify any other relevant provisions in these Agreement Terms and in the Terms, disclosures and notices at mdlottery.com under “About Us”.
(a) You agree to indemnify, hold harmless, release, and defend MD Lottery from and against any and all losses, liabilities, claims, suits, costs, damages, and expenses, including attorneys’ fees, directly or indirectly resulting from, arising out of, relating to, or in any connection with: i) your participation in any aspect of the Service or the Website, any related drawing, any related event or occurrence, service, activity, product, and/or information, and/or out of the awarding, receipt, possession, use, misuse, and/or acceptance of a prize; ii) any breach of any obligation(s) by MD Lottery and/or any third party(s) relating to the Service or the Website, any of their drawings, and/or any related prize and/or use of any of its prizes; iii) your use of this Website and the services, products, activities, or information on this Website; iv) any action or inaction by you which is a violation of any Lottery Requirement; and/or v) any injury, death, or damage resulting from participation in the Service or the Website, any of their drawings, and/or any related prize and/or use of any of its prizes.
(b) You agree to indemnify, hold harmless, release, and defend MD Lottery and its affiliates, contractors, and Content providers, and their employees, officers, and directors from and against any and all losses, liabilities, claims, suits, costs, damages, and expenses, including attorneys’ fees, directly or indirectly resulting from, arising out of, relating to, or in any connection with i) your violation or breach of these Agreement Terms or governing law; or ii) in connection with your transmission of any Content on this Website.
(c) Other indemnification provisions are stated throughout these Agreement Terms.
(d) The Indemnifications in these Agreement Terms shall survive termination or cancellation of your Membership and of this Agreement.
16. Additional Provisions
By using the Service or the Website, or participating in any aspect of the Service or Website, or in any related event, or in any prize in any way, you, on behalf of yourself and on behalf of any guest(s) and participant(s), acknowledge, understand, consent and agree to the following:
(a) The indemnification, hold harmless, and defend provisions throughout the Agreement Terms;
(b) to accept, be bound by, and follow the terms, conditions, stipulations, and obligations of the Agreement Terms, Rules and all other applicable rules, laws, regulations and statutes, including the Maryland State Lottery Law and Regulations and all other Maryland laws and, as applicable, any other law or laws;
(c) to sign any waivers and releases of liability, affidavits of eligibility, required by the Lottery, and to sign news and press release forms; and you agree to ensure that anyone who is your guest also signs waivers and releases of liability, and news and press release forms;
(d) to participate in a check/prize presentation ceremony as determined by the Lottery;
(e) to publicity and to have your, your guests’, and your participants’, name, photos, and/or hometown aired on TV, radio, text messages, Internet, social media such as Facebook, Twitter and YouTube and other media, and in other publicity, as well as used in Lottery publications and advertisements, Lottery mailings, and/or other Lottery-related activities, including mailing lists;
(f) you will provide your full Social Security Number in order to claim certain prizes (including second chance and promotional prizes, but not including Points for Prizes).
(g) that any cause of action you may have with respect to use of this Website or any information, activity, promotion, service, product or service provided on this Website must be commenced within one (1) year after the claim or cause of action arises;
(h) that you give permission to the Lottery to check the Lottery Voluntary Exclusion list to determine if your name is on that list, and if your name is on that list, then you agree that any entry submitted with your name and any points related to your name are void, not valid, and will not be considered in relation to any aspect of this Service or Website;
(i) that the Lottery reserves the right in its sole discretion to substitute a prize of equivalent value or higher for any or all prizes in the event that circumstances warrant this change, and that you may not substitute a cash equivalent value or other substitute for any prize;
(j) that, once submitted, all entries become the property of the Lottery and will not be acknowledged or returned; and at the conclusion of each drawing, entries may be destroyed and/or used by the Lottery at the Lottery’s discretion;
(k) that the Lottery may use the information you submitted to register, and may contact you, and Provider may contact you regarding prizes or issues related to the Website;
(l) the Lottery owns any and all rights to any comment or Content submitted;
(m) that the MD Lottery does not endorse any company or other entity by providing a prize or any portion of a prize from that company or other entity or by running a promotion or website through, by, or via a company or other entity;
(n) that the Lottery may remove any entry or Content that violates any of the Rules or that the Lottery, in its sole discretion, deems inappropriate;
(o) that headings and captions are for convenience only, are not a part of the Agreement, have no substantive meaning, and do not affect the Agreement Terms;
(p) that actual prizes may vary;
(q) the Lottery’s decision regarding any aspect of My Lottery Rewards, including Agreement Terms, validity of entries, and awarding of points, is final and binding;
(r) in the event of your death or inability to partake of a prize, the Lottery will make a determination about the awarding of the prize;
(s) if more than one name is provided on any winning entry, the Lottery will determine which is the winner; and
(t) for delivery of any prize, product, service, information, or activity, allow a minimum of 4 weeks after the Lottery receives a claim or order. If not received by 6 weeks after the Lottery receives a claim or order, contact Provider Customer Support through the Member Feedback form at the Help tab on the Website or by calling 1-800-201-0108.
17. Other Legal Terms
(b) These Agreement Terms, your agreement to follow them, your Account, and your Membership shall be governed by the laws of the State of Maryland (without giving effect to its conflict of laws principles) including the rules and regulations of the Lottery. Member conduct may also be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute, action or proceeding by or against you relating in any way to, or resulting from, arising out of, relating to, or in connection with your Membership, any use of this Website, the information, products, activities, or services provided on this Website, or these Agreement Terms resides in the courts of Baltimore City, Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Maryland in connection with any such claim, dispute, action, or proceeding, including any claim involving Provider, Lottery, any other part of MD Lottery, or any of their affiliates, subsidiaries, employees, officials, contractors, officers, directors, vendors, and Content providers.
(c) Features related to the Service may contain Macromedia Shockwave™ Player and Macromedia Flash™ Player software by Macromedia, Inc. Copyright ©1995 -2013 Macromedia, Inc. All rights reserved. Macromedia, Shockwave and Flash are trademarks of Macromedia, Inc. All other trademarks are the property of their respective owners.
(d) In the event of any termination or cancellation of your Membership or Account, or of these Agreement Terms, then the proprietary rights, widgets, disclaimers, limitation of liabilities, events beyond control, and indemnification provisions set forth above, and this paragraph, shall survive indefinitely.
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