Terms and Conditions

VIRGINIA LOTTERY ACCOUNT, MOBILE APPLICATION, AND VIRGINIA LOTTERY REWARDS PROGRAM TERMS AND CONDITIONS

The Virginia Lottery Account (“Account”) and Mobile Application (“Mobile App”) provide qualifying Players with the ability to purchase and play Lottery Games, earn and redeem points for free Lottery play and participate in promotions with the Virginia Lottery Rewards Program (“Rewards Program”), and communicate with the Virginia Lottery online at www.valottery.com and/or through the Mobile App. These terms and conditions (“Terms and Conditions”) apply to Lottery Account, the Mobile App, and Rewards Program.

Please read these Terms and Conditions carefully before accessing the features offered through the official Virginia Lottery website at www.valottery.com and/or through the use of the Virginia Lottery Mobile App.

INTRODUCTION

Definitions. Whenever used herein:

“Account” refers to a Player-specific account through which age and identity verification takes place and Account Features are accessed and which allows a Player to log into the Mobile App.

“Account Features” or “Features” refers to the options and activities available to a Player via his/her Account. Examples include, but are not limited to, Game purchase and play, earn and redeem points for free Lottery play and enter promotions through the Rewards Program.

“Auto Renew” refers to a feature which allows the automatic, recurring purchase of a set or sets of numbers for drawings unless the Player cancels the auto renew feature. The auto renew feature will automatically be cancelled due to Account inactivity after twelve (12) consecutive months.

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

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

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

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

“Lottery” or “We” or “Our” or “Us” refers to the Virginia Lottery and its vendor(s) involved in the maintenance, production, and/or delivery of the Website or Mobile App.

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

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

“Play” refers to one (1) wager to win a prize.

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

“Rewards Program” refers to a promotional program offered by the Virginia Lottery to provide players with the option to earn points for purchasing Lottery products and/or participating in non-spend activities and redeem points for free Lottery play and/or drawings, where persons who qualify must register for a Lottery Account to participate in the Rewards Program.

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

“Terms” refers to these Terms and conditions.

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

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

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

Additional Terms.  Additional Terms and conditions may apply to Your use of an Account, Account Features, the System, the Mobile App, and/or the Website, such as, but not limited to, the Digital 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,
• blocked access to Account on the Mobile App and/or through the Website,
• suspension of Your ability to withdraw funds;
• cancellation of purchase;
• invalidation of purchase;
• invalidation of any points earned and/or redeemed and any associated prizes through the Rewards Program;
• refusal to award a prize and/or reclaiming a prize already awarded;
• reporting of Your actions to a third party (including law enforcement); and/or
• initiation of and/or participation in any civil or criminal action, including but not limited to, an action for recovery of prize payment(s).

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

LOTTERY ACCOUNTS

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

• full legal name;
• address;
• gender;
• date of birth;
• last 4 digits of Social Security number*; and
• mobile number.

*Your full Social Security number may be required under certain conditions, which may include a purchase and claiming a prize.

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 by law and/or regulations from gambling, purchasing lottery products, participating in any Rewards Program and/or promotions, or otherwise using this Website, Mobile App, or Account.

We may require You to:

• provide additional information, including Your full Social Security number,
• provide copies of requested 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 Account will be established for You to access within any specific time period.

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

The Lottery does not guarantee that Our age-verification and identity-verification technology and methods will be able to locate records for every person. You will not have access to Your Account if Your age and identity cannot be verified. The Lottery is not liable for any damages or losses resulting from Your lack of access to Your Account.

Access to Account. You understand and agree that a Lottery Account is a discretionary privilege and that We reserve the right to block Your access to Your Account for any reason. We are under no obligation to explain the reason for delaying and/or failing to establish an Account. We are not liable for any damages or losses resulting from delaying and/or failing to establish an Account.

Suspension. You understand and agree that an Account is a discretionary privilege that the Lottery may suspend, for any duration, at any time, for any reason, and without notice. In the event of such action, any funds in the Account will be returned to You unless subject to withholding under these Terms or any state or federal law. During an Account suspension, You may be required to claim any unclaimed prizes 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 You.

Inactive Accounts. In the event You do not sign-in to Your Account for 36 consecutive months, We may deactivate 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 deactivate Your Account in a timely manner. The Lottery is not liable for any damages or losses resulting from inactivity fees, deactivation of a Player’s Account, or transfer of funds to the Virginia Department of the Treasury Unclaimed Property Division.

Deactivating an Account. You may deactivate Your Account at any time. We may require You to provide certain information to verify Your identity before deactivating 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 deactivated.

USE OF LOTTERY WEBSITE AND MOBILE APP

You agree to not use the Lottery Website or Mobile App 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;
• submits comments/questions that are deemed offensive, vulgar, and/or threatening/harassing;
• circumvents any method the Lottery uses to verify information about Your age, identity, or physical location;
• impersonates another person, business, entity, physical location, or IP address;
• allows any third party to use Your Account;
• accesses, collects, or stores personal information of another person;
• accesses or circumvents any Lottery security measures;
• gains or attempts to gain unauthorized access to the Lottery Website or Mobile App or any Lottery computer, network, server, data, code, or other equipment or information of any kind;
• damages or overburdens the Lottery Website, Mobile App, 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 the Lottery Website or Mobile App;
• alters, damages, deletes, or otherwise affects any software or code used for the Lottery Website or Mobile App;
• introduces a computer virus or other disruptive, damaging, or harmful files or programs;
• violates Lottery proprietary or intellectual property rights (or rights acquired through licenses with Lottery vendors) in any way; and/or
• violates these Terms or any other applicable Terms and conditions.

Any suspected fraudulent, unlawful, or improper use of the Lottery Website or Mobile App (including, but not limited to, fraud and identity theft, exploiting the Rewards Program in any way, etc.) 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.

We will not tolerate explicit/abusive/inappropriate comments towards Our staff and the staff of our vendors or any other persons. Such comments could result in a warning and the possible deactivation of Your Account including loss of points in the Rewards Program and any promotional entries.

Limited License and Use. You are granted a limited license to use an Account, Lottery Website or Mobile App for its intended purpose only and in accordance with these Terms. We may revoke the limited license at any time. Your use of an Account and its Features, Lottery Website or Mobile App 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 or is a licensee to:

• all intellectual property appearing on the Lottery Website or Mobile App, including, but not limited to, all copyrights, trademarks, Service marks, and trade dress; and
• the rights to all content appearing on the Lottery Website or Mobile App, which includes, but is not limited to, images, pictures, graphics, photographs, animations, videos, music, audio, text, code, software, format, presentation, and organization.

Your use of an Account and its Features, Lottery Website or Mobile App 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 the Lottery Website or Mobile App, their content, an Account, or any aspect thereof available to or through any third party;
• copy, reproduce, redistribute, publish, reverse engineer, decompile, disassemble, make derivative works from any software, process, application, or source code used in providing the Lottery Website or Mobile App, their content, an Account, or any aspect thereof;
• access or attempt to access source code for the Lottery Website and Mobile App, their content, or an Account;
• sell, assign, sublicense, lease, or otherwise exploit the Lottery Website or Mobile App, their content, an Account, or any aspect thereof;
• export any software used for the Lottery Website or Mobile App, their content, an Account, or any aspect thereof to any other jurisdiction or country by any means; and/or
• use the Lottery Website or Mobile App, their content, or an Account in a manner that would violate any of these Terms.

You are liable for any damages, costs, or expenses arising out of or in connection with Your commission of any of the above activity(ies). If You become aware of any third party committing any of the above activity(ies), 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 the Lottery Website and/or Mobile App or their content at any time and without notice. We are not liable for any damages or losses resulting from any such changes.

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

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

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

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

Suspension/Deactivation.You understand and agree that an Account is a discretionary privilege that the Lottery may suspend/deactivate, for any duration, at any time, for any reason, and without notice. In the event of such action, any funds in the Account will be returned to You unless subject to withholding under these Terms or any state or federal law. During an Account suspension/deactivation, You may be required to claim any unclaimed prizes 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 You.

FUNDING AN ACCOUNT

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

• have authority to use the payment source and method selected;
• are physically present in the Commonwealth of Virginia at the time of deposit;
• are not depositing funds derived from any fraudulent or unlawful source;
• will not attempt to reverse, charge-back, block, cancel, or in any way attempt to prevent Us 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 Us performing any background check or investigation deemed necessary to ensure that the payment source and method are authorized.

We are not required to examine Your authority to use a payment source or method and is entitled to assume You have such authority. We:

• may require You to provide additional information, provide copies of requested documents, or appear in person at a designated Lottery office location;
• 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
• authorize Us to hold and collect any amount owed to Us as a result of any such fees or penalties from Your deposits and/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 Your 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 Our receipt of a deposit; and
• authorize Us to hold and collect any amount owed to Us as a result of any such fees or penalties from Your deposits and/or winnings. We reserve the right to pursue any other means to recover such losses.

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

ONLINE PURCHASES

Online purchases through the Lottery Website or Mobile App are governed by these Terms and all applicable laws, rules, and regulations.

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

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

We may deem any purchase made in violation of these requirements invalid and may refuse to award a prize or recover a prize already awarded.

A game play or share shall not be purchased by and a prize shall not be paid to an officer or employee of the Lottery or to any household member of an officer or employee, which includes member of a family, related by blood or marriage and/or any other individual who lives under the same roof as the officer or employee. 

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

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

Purchases will first be deducted from bonus credit funds, then from deposited funds in the Account. If no bonus credit or deposited funds exist, purchases will be deducted from prizes in the Account. We do not guarantee the timeliness of any purchase and reserves the right to refuse any attempted purchase for any reason. You understand and agree that We are not liable for any damages or losses resulting from any delay in and/or denial of processing a purchase.

All sales are final. You are solely responsible for ensuring that You have selected the correct lottery game and all options relating to that game, including, but not limited to, game play, number of plays, price of play(s), and numbers played on a play or plays. All sales are final and purchases made in error will not be refunded. We are not liable for any damages or losses resulting from any error made by You in the transaction of a play purchase.

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

Disconnections

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

Disputes. All plays, transactions, and claims are subject to Lottery laws, 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 game play purchase or outcome. The only evidence of a game play 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 game play validation, the Executive Director’s determination is final. In cases of dispute for any reason, the Executive Director may, at the Executive Director’s sole discretion, replace the disputed game play with an unplayed game of equal value or refund of the game play’s retail price (if applicable). You agree that the Executive Director’s decision to replace or refund a game play is Your exclusive legal remedy.

ACCOUNT FEATURES

Games in general

Certain Virginia Lottery Computer-generated Games, as well as, Instant Games, are available for online purchase via https://www.valottery.com/ and the Mobile App.

We:

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

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

We are not liable for any damages or losses resulting from any purchase limitations or Game termination.

Instant Games

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

Additionally, We reserve the absolute right to take any action We deem appropriate or desirable to continue, replace, or discontinue any Instant Game at any time in Our discretion. Under certain circumstances, We may notify You of a pending unfinished Game. A Game is considered complete when its outcome status indicates whether a prize has been won.

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

You have the option to either "Play Now" or "Demo.” By choosing "Play Now,” You elect to purchase the Game, and the purchase value will be deducted from Your Account. Once confirmed, Game purchases cannot be voided or cancelled. All sales are final. If You choose "Demo,” You acknowledge that You are playing a trial version of the Game; You are not purchasing a play, and You will not be awarded a cash or other prize even though the Game results may reveal a prize.

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

CLAIMING PRIZES

Claims in general. Subject to these Terms and all applicable state and federal law, prizes won via online purchase shall be claimed in accordance with the claim process set forth in the Terms based upon the following prize limits:

• the first prize over $100 may require additional information or documentation to process;
• prizes of $600 or less are automatically deposited into a Player’s Account*;
• prizes greater than $600 will require an online claim to be submitted within the time specified by the game rules; and
• prizes $100,000 and above must be claimed within the time specified in the game rules and may require an in-person claim at a designated Lottery office location.

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

Claims of prizes won via physical tickets (not purchased online):

• prize amount must be equal to or less than $5000; and
• Player must be logged in to their Account within the Mobile App.

The player should follow the instructions provided within the Mobile App to initiate the prize claim process.

Before payment of any prize, We may:

• require You to provide additional information, provide copies of requested documents, or appear in person at a designated Lottery office location; and/or
• change available methods for claiming a prize at any time and without notice.

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

Claims of prizes greater than $5000. You will be required to complete an online claim form to claim a prize. By checking the boxes on this form, You represent and warrant that You are the registered user of the Account; that the Account information is accurate; and that You accept Our claim policy. You further certify that You:

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

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

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

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

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

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

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

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

Unclaimed prizes. A prize must be claimed within 180 days of the date that it was won, i.e., the date upon which the drawing occurred that resulted in a prize claim or the purchase date of a winning Instant Game or Print n’ Play Game. Any prize that is not claimed within 180 days of the drawing date or purchase date (as applicable to the specified Game Play) will be deemed unclaimed, forfeited, and deposited to the Virginia State Literary Fund in accordance with state law. Fully claiming a prize may require You to present additional information or appear in person at a Lottery office location, as instructed by Us (refer also to Claiming Prizes within these Terms). It is Your responsibility to properly claim Your prize within the specified claiming deadline. We are not liable for any damages or losses resulting from Your failure to properly claim Your prize.

WITHDRAWING PRIZES

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

Methods of withdrawal. Prizes may be withdrawn by bank transfer, bank draft, or other method approved by Us. You may initiate a withdrawal online or ask for assistance with Your Account by calling 804-692-7777 and selecting Option 3. By initiating a withdrawal, You consent to Us: 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. 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 requested documents, or appear in person at a designated Lottery office location. You may also be required to complete additional claim forms and/or certify documentation detailing Your deposits, withdrawals, and other Account transactions.

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

VIRGINIA LOTTERY REWARDS PROGRAM

General Provisions

• Your participation in the Rewards Program is subject to these Terms and Conditions, the Virginia Lottery laws and regulations, and Virginia Lottery directives, procedures, and/or rules.
• By participating in the Rewards Program, You grant the Virginia Lottery authority to use, without limitation, your name, city, addresses, state of residence, telephone number, likeness, and/or voice in any promotions, research, marketing, publications, or other advertising media, including, but not limited to, the official Virginia Lottery website and Mobile App without compensation or additional release.
• All questions or disputes regarding eligibility for any Rewards Program activities and/or promotions, or Your compliance with these Terms and Conditions or any rules will be resolved by Us in Our sole discretion. By participating in the Rewards Program, You acknowledge and accept that We may send system and marketing emails that include information that We believe Rewards Program participants may be interested in; including emails to reset password, account activity and Program updates. To discontinue such emails, You must opt out by updating Your Account communication/notification preferences.
• You are responsible for the payment of any and all applicable taxes which may result from Your participation in the Rewards Program activities and/or promotions.
• If Your Account is deactivated, Your forfeit any points accrued to date.
• You are solely responsible for maintaining and keeping Your Account information current or accurate. We assume no responsibility or liability whatsoever for technical or computer malfunctions or for Your failure to keep Your Account information current.
• The Rewards Program and/or any parts thereof, including the award of any prizes and/or free Lottery games, is void where prohibited by laws.
• We reserve the right to change the Rewards Program in any way and at any time or to terminate the Program with appropriate public notification. Unused points remaining in Your Account after the announced closure or deadline date shall be considered expired, lapsed or void, and ineligible for any further use.
• By participating in the Rewards Program, You and Your heirs, legal representatives, and assigns agree to indemnify, defend, release, and discharge Us, the Commonwealth of Virginia, Our/its Board Members, employees, officers, directors, vendors, partners, and licensed retailers, from and against any loss, claim, damage, suit, or injury arising out of or relating to the Rewards Program or any action taken pursuant to these rules.

  Eligibility and Player Registration

• You must be at least eighteen (18) years of age to participate in the Rewards Program and must utilize only one active Virginia Lottery Account.
• To access the Rewards Program, You must first register for an Account through www.valottery.com or the Mobile App.
• If you already have an Account, You must not register again. You may be disqualified from earning points and/or redeeming points if you attempt to utilize more than one active Account.

   

  Rewards Program Points

• We reserve the right to discontinue the eligibility of any game(s) for purposes of earning points.
• You earn points for eligible tickets entered through the Mobile App, using Your mobile phone or tablet (with permission to access Your camera) to access the official Virginia Lottery website, or assigned automatically with an online play purchase, or through non-spend activities, such as polls, surveys, game play, etc., as available.
• The Rewards Program is a reward or affinity program which provides points for each eligible entry.
• Points shall be valid for only Virginia Lottery approved activities associated with the Rewards Program.
• You are limited to earning a maximum of 10,000 points per month and redeeming a maximum of 5,000 points for free Lottery play (any remaining points may be redeemed for entries into promotional drawings).
• It is Your responsibility to enter any winning tickets prior to claiming prizes. Upon claiming a prize, the retailer may keep the validated winning ticket and the required entry information may no longer be available to You.
• It is Your responsibility to enter a game ticket with Multi-Draws remaining prior to receiving Your exchange ticket.
• Points have no monetary or property value nor are points directly associated with the face value of tickets entered or online play game purchased. Point value will be revealed upon the successful submission of each eligible ticket or completion of a promotion or activity. Each eligible ticket/online play game has a point value based upon a range of values assigned by Us and are subject to change. Points earned by entering a game ticket or purchasing online game play may not appear in Your Account history in real time and may take up to forty-eight (48) hours. Points are not transferable for any reasons, including upon Your death or in domestic dispute matter. Point balances from more than one Account cannot be combined.
• You are responsible for ensuring that Your points are properly credited.
• We may credit Your Account with points in Our sole discretion.
• The total number of points You can use for redemption is limited to the number of points You have available in Your Account and any caps on the specific activities. All point redemptions are final and the points will be deducted immediately from Your Account. Any points not redeemed within twelve (12) months after credited shall expire and be forfeited without compensation.
• We reserve the right to invalidate points and/or entries into any promotion if We determine, in Our sole discretion, that such points were obtained in any of the following ways: fraudulently, improperly, from tickets deemed lost or stolen, and/or tickets not sold pursuant to Our rules and regulations.

  Point Expiration

• We reserve the right to establish, change, or modify a points expiration rule at Our own discretion at any time.
• We will attempt to notify you via email at monthly intervals regarding any points that may be expiring the following month. We will not be responsible for a failure to provide You notice of the expiration of points.
• Points will expire upon twelve (12) months after the date of credit.
• We reserve the right to restore expired points for convenient or necessary business purposes at Our discretion.

  Entering Tickets

• Eligible retail tickets must be entered on Mobile App or via Your mobile phone or tablet (with permission to access Your camera) to access the official Virginia Lottery website to receive points. You earn points automatically with online play purchases.
• Once signed in, follow the instructions to enter eligible retail tickets for points.
• You are not required to retain a game ticket once it has been successfully entered via the official Virginia Lottery website or Mobile App.
• We will not accept mail-in or hand-delivered tickets and such tickets will be disqualified.

  Points for Drawings

• You may use some or all of Your points for entry into prize drawings.
• Drawings may be introduced periodically. The Virginia Lottery website or Mobile App will include a description of the prize to be drawn, anticipated entry and draw dates, and the number of points required for each drawing entry. Draw dates are subject to change or modification as determined necessary by Us.
• The odds of an entrant being selected to win the prize in each drawing depend upon the number of entries submitted by points from all entrants.
• The number of points for a drawing entry will be shown on the page for each drawing and may vary by drawing.
• To use points to gain drawing entries, You must select the drawing to enter on the Virginia Lottery website or Mobile App and submit the request.
• It is Your responsibility to ensure that the appropriate drawing and quantity of points are selected.
• Once the entry request has been submitted, points will be deducted from Your Rewards Program point balance.
• Drawing entries are eligible only for the drawing for which they are used. Unless specified otherwise on the drawing description, entries are eligible for one (1) drawing only.
• Unless otherwise specified on the Virginia Lottery website or Mobile App, You may not win more than one (1) prize in a Rewards Program drawing.
• Points used for drawing entries may not be canceled or returned.
• We will attempt to contact each selected entrant by email using the selected entrant’s registered email address, by telephone, and/or by registered mail. We are not responsible for compromised or insecure email accounts and no refund will be issued in the event that winning fulfillment to Your Account is compromised.
• The selected entrant’s name, city, and state of residence will be listed on the Virginia Lottery website and Mobile App.
• A selected entrant assumes the risk of forfeiture and/or is subject to disqualification if: (1) We are unable to contact the selected entrant; (2) contact or attempted contact is not acknowledged in a timely manner as determined in Our sole discretion; (3) any other deadline or requirement in these rules or other applicable rules or procedures is not met; or (4) a deadline or requirement that may become necessary is not met, whether or not that requirement or deadline is contained in these rules.
• Winners are subject to mandatory State and/or Federal taxes and other state withholdings.
• A decision to proceed to replace a selected entrant with an alternate is within Our sole discretion and judgment. Once the decision to proceed with an alternate is made, the person who was previously selected as a winner is no longer entitled to a prize.
• We reserve the right, in Our sole discretion, to substitute any prize with an alternate prize of equal or greater value.
• If a specific promotion has individual terms or rules associated with such promotion, they will be published on the Virginia Lottery website and Mobile App at the time of the promotion.

Promotional Offers: Various promotional offers may be made available from time to time. These offers are subject to and governed by additional rules, terms, and conditions specific to the promotion. By accepting a promotional offer, You agree to all such additional rules, terms, and conditions. Some promotional offers may require You to enter a redemption code or make a minimum purchase/deposit. Unless expressly stated otherwise, promotional offers have no cash value, and cannot be exchanged for money and/or credit of any kind. Promotional offers are discretionary, and You have no right to receive or redeem any specific offer. Promotional offers may be canceled at any time and without notice. If there is a discrepancy between information in Your Account and notifications You receive of an offer, the information in Your Account shall prevail. We are not liable for any damages or losses resulting from any delay, error, or failure to make or accept any promotional offer.

PRIVACY AND SECURITY

We:

• 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 Digital Privacy Statement:

• in order to perform a transaction You have requested;
• if We have Your consent;
• if We need to protect Our rights or property; or
• if authorized or required to do so by law and/or regulation.

Security measures have been integrated into the design, implementation, and day-to-day operations of the Lottery Website and Mobile App as part of Our continuing commitment to the security of electronic content. We do not, however, guarantee that any communication or information will be secure or free from unauthorized access by third parties. Your use of the Lottery Website or Mobile App 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 Digital Privacy Statement is available on Our Website.

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

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

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

Communications from Us. We may use Your Account information to contact You by email, U.S. Postal Service mail, private courier service, text message, push notifications, 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 the Lottery Website and/or Mobile App, their Features, or Account may be unavailable, delayed, limited, or slowed by various disruptions. We do not guarantee that the Lottery Website and/or Mobile App, their Features, or Account will be uninterrupted, free from delay, or continuously available. We are not liable for any damages or losses resulting from any disruption, delay, or unavailability of the Lottery Website and/or Mobile App, their Features, or Account.

Disclaimer of warranties. The Lottery Website, Mobile App, and Accounts are offered on an “as is” basis. We make 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. We do not guarantee that the Lottery Website, Mobile App, and/or Accounts are free from these inherent dangers, including, but not limited to, viruses, spyware, malware, or other invasive, malicious, or damaging software, code, or applications of any kind. We cannot guarantee that use of the Lottery Website, Mobile App, and/or Account will not cause damage or loss of any kind. We are not liable for any damages or losses of any kind resulting from Your use of the Lottery Website, Mobile App, and/or Account, or for any actions by third parties.

Unauthorized use. We are not liable for any damages or losses resulting from a third party’s unlawful or unauthorized use of Your Account.

It is Your responsibility to keep Your 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. We are not liable for any:

• computer error;
• omission, interruption, irregularity, deletion, defect, or delay in the Lottery Website, Mobile App, and/or Account;
• theft, destruction, unauthorized access, or alteration of any network, equipment, computer, data, information, or property;
• hardware or software malfunctions of any kind; or
• inaccurate transmission of content due to technical problems at any Website, Lottery gaming system(s), and/or Mobile App platform, or any combination thereof.

Under no circumstances are We liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of the Lottery Website and Mobile App, their content, or Account, even if We have been advised of the possibility of such damages.

Indemnification. You agree to indemnify, hold harmless, and defend the Commonwealth of Virginia, Us and Our Board Members, officers, directors, employees, agents, partners, vendors, 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 the Lottery Website, Mobile App, and/or Your Account; breach of these Terms; inability to access the Lottery Website, Mobile App, and/or Account; failure to report, or reliance on, any error or omission on the Lottery Website, Mobile App, and/or Account; or propagation or contraction of any computer virus in connection with Your use of the Lottery Website, Mobile App, and/or Account.

Non-waiver. We are 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 the Lottery Website, Mobile App, and/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 the Lottery Website, Mobile App, and/or Account.

Comments and questions. We are always seeking to improve and welcome Your feedback. You may reach out to Us via email at app@valottery.com to submit comments or suggestions, or if You have any questions about the Lottery Website, Mobile App, Your Account or these Terms and Conditions.

Neither Apple nor Google are involved in any way with the services offered through the official Virginia Lottery website and Mobile App, nor for any promotion or drawings offered through the Virginia Lottery Rewards Program.

GEO-LOCATION

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

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

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

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

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

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

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

We 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 Digital Privacy Statement (acceptance of which is a condition for use of Our Website, Mobile App, and/or Account).

PRIVACY ACT NOTICE

CLAIMANTS OF PRIZES OF $100 OR MORE

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

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

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

VIRGINIA LOTTERY SERVICES PORTAL TERMS OF USE

Acceptance of Terms

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

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

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

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

Limited License and Site Access; All Rights Reserved

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

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

Copyright

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

Trademarks and Service Marks

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

Ownership of information submitted via this Site

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

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

Prohibited Use

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Links to Third-Party Sites

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

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

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

Reservation of Rights

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

Site Privacy Policy

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

Limited Warranty and Warranty Disclaimer

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

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

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

LIMITATION OF LIABILITY

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

Warranty Disclaimer and/or Limitation of Liability May Not Apply

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

INDEMNIFICATION

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

Notices

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

Electronic Communications

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

SMS Notifications

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

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

Entire Agreement

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

Governing Law; Jurisdiction; Venue; Severability of Provisions

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

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

Password Accounts, Passwords, and Security

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

Remedies

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

How to Contact Us

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