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Terms and Conditions

Last Modified: May 09, 2018

Table of Contents

  1. Lottery Pick & Click Online Play Introduction
  2. Lottery Pick & Click Online Play Purchase and Cancellation Policy
  3. Legal Disclaimer, Privacy, and Security Statements
  4. Geolocation & Identity Verification
  5. Mobile Location-Based Terms of Service
  6. Account Registration
  7. Purchase and Payment Disclosure
  8. Group Plays
  9. Payment of Prizes
  10. Definitions
  11. Rewards Club Terms of Use

I. Lottery Pick & Click Online Play Introduction

These terms and conditions (referred to as "terms") are presented to you so you may understand the purpose of this website https://club.lottery.nd.gov, (referred to as the "Site") and its associated service(s). These terms represent the parameters under which you can use the Site. You should read these terms carefully before registering a new account with us. It is also advisable that you print these terms and keep them handy along with all confirmation emails, transaction data, and other correspondence with us. In order to register an account, a player must agree to these terms. We reserve the right to revise and change these terms at any time but we also agree to present any new versions of these terms to players when they are modified. Your access to and continued use of the Site and the services herein is viewed as your acceptance of these terms and any revised terms. The most current terms for this Site will always be available on the Site.

In addition to the above, except in the event of a conflict (in such a case these terms will control), the terms and conditions and/or terms of service in effect for all North Dakota Lottery websites, including, but not limited to the Player's Club, Rewards Program, and lottery.nd.gov, are hereby incorporated by reference and apply to the Lottery Online Play portion of the website.

For the purposes of these terms, "THE Lottery" means the North Dakota Lottery including its agents, contractors, vendors, and parties involved in the creation of this Site, the provision of the services through the Site, and its functionality.

II. Lottery Pick & Click Online Play Purchase and Cancellation Policy

The Lottery strives to offer various methods (subject to compliance with applicable regulations) for making a deposit into your Deposit account or a withdrawal from your Winning account that you register with the Lottery on the Site. Please read and understand the disclosures below before proceeding with any activity on the Site. The sections that follow describe the details that are important to know when using the Lottery Online Play services this Site offers.

  1. The Site permits an eligible player to purchase Plays for specified Draw Games for a number of consecutive drawings over a stated period of time (an "Online Play Purchase").
  2. To make an online play Purchase, a player must register on the Site.
  3. To register, the player must:
    1. be at least 18 years of age; and
    2. be a resident of the United States.
  4. To make an Online Play Purchase, a player must:
    1. have a registration in good standing;
    2. have a valid North Dakota mailing address;
    3. be physically located within North Dakota's borders; and
    4. have sufficient funds in his / her Deposit account to pay for the Online Play Purchase.
  5. To make a deposit into his or her Deposit Account, a player must also be located within North Dakota's borders.
  6. All purchases are subject to these terms and to the game rules for the Draw Game(s) Plays that are purchased.
  7. Except where required by law or regulation purchases of Online Play on the Site are non-refundable.
  8. Online Play Purchases cannot be cancelled except by the Lottery.
  9. You shall not sell or transfer Online Play Purchases made on the Site to anyone.
  10. The Lottery may change the purchase price for Online Play Purchases at any time in accordance with North Dakota law and the Lottery's rules. The Lottery also reserves the right to stop the sale of an Online Play on the Site at any time.

III. Legal Disclaimer, Privacy, and Security Statements

The Lottery's Privacy, Security, and Legal Policy for the Site can be found at the following links:

http://www.lottery.nd.gov/disclaimer/

http://www.lottery.nd.gov/privacy/

http://www.lottery.nd.gov/security/

IV. Geolocation & Identity Verification

In order to make purchases on the Site, you must first register with the Lottery on the Site. When you register, we will ask you for additional information so we can verify your age and identity.

You must also be physically located within North Dakota's borders to make a deposit into your Deposit Account and to make a purchase on the Site. You will be asked to verify that when you make a deposit and purchase. Additionally, when you attempt to make a deposit or make a purchase, we will verify your location. Your use of the Site means you are consenting to our use of geolocation technologies to verify your location. If we determine that you are currently located outside of North Dakota we will block any attempts to make a purchase on the Site.

If you are blocked from registering, making a deposit, or making a purchase and believe that either our identity verification or geolocation results are incorrect, you may contact customer support for further information about verifying your location or identity. Please note that your location information may be stored in our transaction logs but will be used only for audit verification purposes. Your use of the Site means you consent to such storage.

It is a violation of these terms to make a purchase on the Site from outside the State of North Dakota. If it is determined that you have made a purchase on the Site from outside the State of North Dakota, the Lottery reserves the right to deem any purchases made invalid, pay no prizes, or even reclaim prizes paid under these circumstances. The player forfeits the wager amount and all claims to any prizes won while playing from outside the State of North Dakota. If it was determined that you made a purchase from outside the State of North Dakota, you may also be subject to other account actions, such as account closure, at the Lottery's discretion.

For questions regarding identity verification or geolocation you may contact us at 1-877-635-6886 or 701-328-1574 between 8AM and 5PM, Monday through Friday.

V. Mobile Location-Based Terms of Service

The application allows players within the state of North Dakota who are eighteen (18) years of age or older and have a North Dakota mailing address, to play online from their mobile devices. At time of purchase, the North Dakota Lottery requires a location check to verify that you are located within the geographical boundaries of the State of North Dakota when you attempt to make a purchase. You can opt-out from receiving such messages or location checks at any time by accessing your account from the mobile application or web site and removing your mobile device from your profile, but if you remove your mobile device from your profile, or opt-out of location checks, you will not be able to make purchases using your mobile device or this mobile application. Terms & Conditions: The games offered by North Dakota Lottery are sold only within the State of North Dakota. Any attempt to access this website/application from outside of the State of North Dakota to make an online purchase is strictly prohibited. Mobile phone user privacy is extremely important to the North Dakota Lottery. Location coordinates are only gathered after you agree to the terms and conditions for this service. Additionally, all terms and conditions for play of lottery games listed on the primary site also apply to purchases made through our mobile application. If you would like to make an online purchase from your mobile device, you must take the following steps:

  1. Download and launch the app;
  2. Upon your first purchase attempt, the system will detect that this player/device combination has not completed the opt-in process for geo-location. You will be provided the terms and conditions as well as prompted to provide your mobile device number. The Online Play service provider's system will then send an SMS text message to your mobile phone containing a code;
  3. You must then accept these terms and conditions by entering the provided code into the enter screen within the app. You may cancel the Location Service's ability to obtain your location coordinates at any time by opting your device out of receiving SMS messages. Please note that opting your device out of receiving SMS messages to obtain your location coordinates will opt you out from receiving ALL messages from the North Dakota Lottery via SMS text.

Limitations: The Location Service is available only on AT&T, T–Mobile, Sprint, Boost, Virgin, US Cellular, Metro PCS and Verizon Wireless networks. The location service will not be available if your mobile device is roaming or is turned off. Access to this service through the networks of other mobile services providers will be added as they become available. Location coordinates (longitude, latitude, and radius) will be obtained only when we have received proper authorization from you, the user.

Message and Data rates May Apply: One SMS message with the PIN code will be delivered to your mobile device.

CPNI Disclosure and Rights: You authorize your wireless carrier to disclose your device location information with us and other companies with whom we work in order to provide North Dakota Lottery purchases. Your device location will be used to verify that you are located within the geographical boundaries of the State of North Dakota anytime you attempt to make a purchase using this mobile application with your mobile device. Your authorization and consent will be valid for the duration of the relationship or until you revoke it. You may revoke your consent by accessing your player profile within the mobile app or website and clicking “unregister my device”, or by contacting your wireless carrier. Your device location information is Customer Proprietary Network Information (CPNI), which is information about your telecommunications service. It is your right and your carrier’s duty to protect your CPNI. Your decision will not affect your current wireless service. However, if you do not consent or you revoke your consent, we will be unable to use your CPNI for this purpose, which may impact the North Dakota Lottery’s ability to provide online purchases.

You will be required to confirm your consent to the location service ("opt-in") by an SMS process. You will be sent an SMS containing a PIN code. The PIN code must be entered into the North Dakota Lottery mobile app to complete the opt-in process. You will not be located if you do not complete the opt-in by entering the PIN code within the North Dakota Lottery mobile app.

Opt-In/Opt-Out:
To sign-up to play online from your mobile device, please visit https://club.lottery.nd.gov:

  • Log into your Player Account via application or standard web browser
  • Go to mobile phone preferences and update your personal information. An SMS message with a PIN code will be sent to you (Message and Data Rates May Apply) to verify that you are the owner of the mobile device.
  • To STOP: Access "My Profile" from within the app and select "unregister my device."
  • For HELP: Access HELP from FAQs located on the application and web site, call 800-201-0108, or email: ndlottery@nd.gov.

Privacy: All player data will be used only by the North Dakota Lottery and/or its designated Online Play system services provider. The Lottery will not share or sell your data to any third party. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. This information is used by the North Dakota Lottery for location determination and will be stored with your associated purchase information. Historical purchasing information is preserved for players' convenience and auditing purposes for up to 5 years. It is accessible only by the Online Play system services provider for the purpose of determining your location in order to enable purchasing.

Your Consent: By using the North Dakota Lottery's Location Service, (you) the user consents to our privacy policy. To review our Privacy Policy please visit https://www.lottery.nd.gov/privacy/.

Changes to Privacy Policy: The North Dakota Lottery reserves the right to make changes to its Privacy Policy at any time without prior notice to you. All changes will be posted to https://www.lottery.nd.gov/privacy/. All changes to the North Dakota Lottery Location Service terms and conditions will be posted on this page (or URL).

Data Security: All location data is securely stored using technology and security features that safeguard the privacy of your location information, including:

  • Maintaining and protecting the security of computer storage and network equipment;
  • Security procedures that require user names and passwords to access sensitive data;
  • Applying encryption or other appropriate security controls to protect location information when stored or transmitted by us;
  • Limiting access to location information to only those with jobs requiring such access.

Contacting Us - If you have any questions regarding these terms and conditions or the North Dakota Lottery location service, you may contact us at ndlottery@nd.gov or via phone at 701-328-1574 (Toll Free: 1-877-635-6886). Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Mobile Phone Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application's terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider's website. If you aren't comfortable with the application's policies, don't use it. You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with your Cellular Provider; (2) your Cellular Provider is not responsible for this application; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.

VI. Account Registration

  1. To participate with the online play system a player must submit the following information to the Site:
    1. Display name
    2. Email address
    3. Password
    4. First name
    5. Last name
    6. Street address
    7. City and state
    8. Zip code
    9. Phone number
    10. Cell Phone number
    11. Date of birth
    12. Last four (4) digits of the player's social security number
    13. Security question
  2. After a player has submitted the required information and their information has been verified, the Lottery will send an account activation email to the player from the online play system.
  3. The player will be required to acknowledge receipt of the account activation email in order to complete the registration process. If the player changes his or her email address, the account will go into a "pending" state while email address verification is repeated.
  4. After the player has received and responded to the account activation email, the spending limit defaults to $100.00 per week. The player can set a weekly spending limit at an amount between $10.00 and $100.00 per week. This spending limit may be changed at any time by the player; however it may not exceed $100.00 per week. If the spending limit is increased, it will not be effective until 24 hours after the change is made. Weekly limits are defined by Online Plays occurring each week, not the full value of the Online Play Purchase.
  5. A player may exclude himself/herself from making any purchases on the Site for a period of one (1) year, five (5) years, ten (10) years, or permanently, by so indicating on the account page under the "Self Exclusion" tab. Once the player enters the appropriate information on the profile page, the player will not be able to make any purchases on the Site for the period indicated by the player. The Lottery and its vendors will not be liable if the player circumvents the system and makes purchases on the Site despite the exclusionary period entered by the player. For more information on responsible gaming and assistance with problem gambling, call the HELPLINE in North Dakota at 2-1-1.
  6. A registration may be rejected by the Lottery if the player does not provide all of the information required by this section, is not a resident of the United States, is under 18 years of age or the Lottery cannot verify that the person is 18 years of age or older. We will also verify all registrants against the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons list. Inclusion on these lists will prevent registration from succeeding.
  7. If the player is found to have fraudulently created an account or made a purchase, the Lottery reserves the right to deem any purchases made invalid, pay no prizes, or even reclaim prizes paid under these circumstances and the player forfeits all claims to any prizes won while playing with invalid information. In this event, players may also be subject to other account actions, such as account closure, at the Lottery's discretion.
  8. The player will receive an email notification after each change made to his or her personal information on the Site. Players are responsible for monitoring their accounts. Players must immediately notify the Lottery in the event of suspicious or inaccurate activities.

VII. Purchase and Payment Disclosure

  1. To make a purchase, the player must select the Draw Game, the type of play (group or individual), the desired draw numbers or Quick Pick, and the number of draws of the Online Play (up to one year). Once the purchase is completed, the numbers selected may not be changed.
  2. Before a deposit or a purchase is processed, the system will confirm that the player is making the deposit or purchase from within the State of North Dakota. Additionally, the player must verify that he or she is within the State of North Dakota.
  3. Once the player has selected all of his or her purchases, if the player has not already loaded funds into his/her Deposit Account, the player will be required to enter certain financial account information in order to fund the Deposit Account. This could include the player's bank account number, routing number, or credit/debit card account information. Except where required by law or regulation, funds deposited by the player cannot be refunded.
  4. The maximum amount you will be able to deposit in one day is $999 and the maximum amount you can have in your Deposit Account is $1,999.99.
  5. If your Winning Account balance exceeds $999.99, you will be required to provide your full social security number before you may access the funds in the Winning Account to cash out or make additional purchase from the Winning Account.
  6. Payments for purchases will be deducted from the Deposit Account first, then the Winning Account if needed.
  7. The player agrees to abide by any rules and/or terms of service required by the Lottery's ecommerce processor that is processing payments for purchases made on the Site.
  8. When funding their Deposit account, players may only use payment methods that they are authorized to use. The Lottery is entitled to assume that players are authorized to use payment methods that are presented by the player, but reserves the right to perform checks to ensure payment methods match the account owner's name.
  9. Except where required by law or regulation, refunds of deposits into the Deposit Account will not be permitted. Winning Account balances will be paid out according to the terms and conditions defined within Section VIII, Payment of Prizes.
  10. As well as any other verification processes that may be undertaken, any player trying to open an account may be required to provide additional proof of identity to assist with verification.
  11. When you provide a payment method to the Lottery, you confirm that you are authorized to use the payment method. When you make a deposit, you are required to be within the State of North Dakota and you authorize the Lottery (and its designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize the Lottery and/or its payment processor to collect and store that payment method, along with other related transaction information.
  12. If you fund your account by credit/debit card or checking account and your load transaction results in an overdraft or other fee, you are solely responsible for the resulting fee(s).
  13. Subject to applicable law, your Winning Account will immediately be credited with the amount of any winnings below $600 connected with your purchases. You will be able to decide what you want to do with that money: Cash out or make additional purchases. All single winnings of $600 and above are subject to the Lottery claims process outlined on this website: http://www.lottery.nd.gov/winners/claim-your-prize.html.
  14. When you win prizes from purchases made on the Site, you are legally obligated to account to the relevant tax authorities to the extent required by law.
  15. In the event that a sum is mistakenly credited to your account the Lottery shall be entitled to make the appropriate adjustment to it. If any sum is incorrectly credited to your account you are required to notify the Lottery and/or its agents, contractors and vendors, and the Lottery and/or its agents, contractors and vendors are entitled to reverse such credits and/or recover such sums from you (with interest) if withdrawn. If you use the sums improperly credited to make purchases on the Site, the Lottery or its agents or vendors can void (i.e., cancel) all such purchases and reverse any winnings.
  16. Players may withdraw winnings from their Winning Account at any time provided all payments have been confirmed and provided players have satisfied the Lottery's identification procedure, which includes provision of your full social security number if your Winning Account balance is over $999.99.
  17. You agree that the Lottery or its designee will have the right to withhold any withdrawals, in the event the Lottery or its designee believes or suspects that you may be engaging in or have engaged in fraudulent, collusive, unlawful or improper activity, or is concerned about the operation of your account or the request for withdrawal. In such cases, the Lottery or its designee may commence and/or be involved in and/or assist any investigation into such circumstances, and you agree to assist and cooperate with any such investigation.
  18. Debit or Credit Card Deposits are only accepted from your Visa® or MasterCard® for buying a lottery online play.
  19. The Lottery does not charge for deposits by bank transfer (ACH) or debit cards although players should note that some debit/credit card companies categorize gaming transactions as 'cash advances' and may levy a fixed and/or interest charge from the date of payment. Some banks may reject these transactions outright meaning you will not be able to fund your account with a debit card from those banks. It is your responsibility to inform yourself regarding how your financial institution handles such transactions.
  20. You agree that the withdrawal methods offered by the Lottery are acceptable for your purposes in retrieving your winnings from your Winning Account. These methods include requesting a check from the Lottery for amounts you have won or the direct deposit of winnings back to a checking account that has been used successfully to fund your Deposit account through the Site. Alternate withdrawal methods may be offered by the Lottery for your convenience, at its sole discretion. The Lottery reserves the right to alter or delete account funding and withdrawal methods at any time at its sole discretion.
  21. You agree that financial account transactions related to Lottery purchases on the Site will be handled through an ecommerce provider or any other designated third party. You consent to such third party being involved in the process and receiving your personal and financial information.
  22. Deposits and withdrawals made on the Site may be transferred from the Lottery or its payment processor to you and vice versa, through a payment method available on the Site chosen by you.
  23. You acknowledge that there may be delays in the processing and/or receipt of deposits or withdrawals. In some cases it may take several days to verify the payment or withdrawal requestprior to processing.
  24. The Lottery will be entitled to determine minimum and maximum amounts to be deposited in your Deposit Account and Winning Account, in its sole discretion.
  25. You acknowledge that you may, from time to time and upon the Lottery's request, be required to provide additional details in respect of the deposits you made.
  26. Any purchase made by you will be treated by the Lottery or its designee as an authorization to debit your Deposit Account or Winning Account on the Site provided that the balance of the combination of your Deposit Account and Winning Account at the time that the purchase is made is greater than or equal to the purchased amount.
  27. Once the online play purchase is completed, the player may not change any of the player selected draw numbers throughout the duration of the Online Play period. Any amount paid to the Lottery for an Online Play Purchase is nonrefundable unless required by law.
  28. The purchase of an Online Play will be denied if the player does not provide all of the required information, does not have funds available or if the purchase is not being made from within the State of North Dakota.
  29. If the Online Play Purchase is accepted by the online play system, the player will receive a purchase receipt email from the online play system. It is the player's responsibility to contact the Lottery if he or she does not receive a purchase receipt email or if the player believes an error has occurred. If the system has not processed the purchase of an online play, the online play will not be valid.
  30. If a payment attempt is denied or reversed by a bank for insufficient funds, reversed at the player's request, or if the bank account was closed or for any other reason and the Lottery does not receive the funds, the Lottery may charge the player a fee of $27.50. If a purchase was made, and in the event of a cancelled or failed payment for an online play occurs, the player agrees that the Lottery can suspend and/or cancel all active an online play. Additionally, the Player authorizes the Lottery to withhold any amounts owed to the Lottery by the Player from the Player's Deposit Account and/or Winning Account.
  31. The Lottery may terminate subsequent Plays included in an Online Play Purchase if the Draw Game for which the Online Play Purchase was purchased was changed so as to make the Play ineffective. In such event, the Lottery will refund the value of the remaining Plays to the Player's Deposit Account.
  32. Online Play Purchases may not be transferred to another player.

VIII. Group Plays

  1. To make a purchase for a Group, the Group Manager must indicate the number of people in the Group and list the name (first, middle initial, and last), North Dakota mailing address, and email address of each member of the Group.
  2. The Group Manager must certify that each group member is 18 years of age or older, has a valid North Dakota mailing address, is eligible to buy lottery tickets, and that all members of the group are listed and are identified. Group members who are under the age of 18 forfeit the right to any prizes won by the Group and their portion will be treated as an unclaimed prize by the Lottery. Should that situation occur, the Lottery will divide the total amount of prize winnings equally among the total number of Group members (including any Group members under the age of 18) to determine the forfeited prize amount.
  3. All members of the Group must be eligible to purchase Lottery tickets. Any members of the group not eligible to purchase Lottery tickets or members of the Group ,including the Group Manager, who do not have a North Dakota mailing address at the time the online play purchase is made forfeit the right to any prizes won by the Group and will be treated as an unclaimed prize by the Lottery. Should that situation occur, the Lottery will divide the total amount of prize winnings equally among the total number of Group members (including any Group members not eligible to purchase Lottery tickets) to determine the forfeited prize amount. For the avoidance of doubt, the Group Manager is not required to be a resident of North Dakota but must have a North Dakota mailing address and must be located in North Dakota at the time any purchase is made.
    Once a Group purchase is made, the Group Manager may not change or delete members of the Group that already has a purchase tied to it.
  4. A Group Manager is solely responsible for disbursing any prizes less than $600 won by the Group to Group members. The Lottery and its designees, agents, vendors and contractors have no liability with respect to such disbursement.
  5. Prizes of $600 and above require compliance with the Lottery claims process and each group member will be required to complete a claim form. Prizes will only be paid to eligible Group members as established at the time of purchase. The Lottery will be responsible for the distribution of prizes worth $600 and above.
  6. Plays made on behalf of a Group affect the Group manager's individual weekly spending limit in proportion to the number of Group members.

IX. Payment of Prizes

  1. Subject to applicable law, if a prize of less than $600 is won by a player from a purchase made on the Site, the player will be notified by email and the amount won will be listed in the player's Winning Account.
  2. If a prize of $600 or more is won by a player from a purchase made on the Site, the player will be notified by email and the player will be required to submit a claim form to the Lottery as described in section VI. (13) above.
  3. The player will not be entitled to the prize until the completed claim form is submitted to the Lottery and the claim is validated by the Lottery. Players must provide information and appropriate identification documentation required through the claims process.
  4. A player may elect to withdraw his or her winnings, or a portion thereof as set forth below, at any time. The minimum withdrawal amount a player can request is ten dollars ($10.00) unless the amount of the Winning account is less than ten dollars ($10.00), in which case the player may request the total remaining balance of Winning Account. The Lottery will issue a check to the player for the requested amount or the player may elect for direct deposit to a checking account (ACH) that has been successfully used to fund the player's Deposit account in the past.
  5. A player may apply some or all of the funds in his or her Winning Account toward future purchases on the Site.
  6. Winnings shown in a player's Winning Account on the Site will not earn any interest.
  7. The Lottery reserves the right to collect from a player's Deposit Account and/or Winning Account any amount owed to the Lottery due to nonpayment for purchases made by the player or insufficient fund fees owed by the player.
  8. If there is no activity in a player's Wallet for a period of five (5) years and there is a balance in the player's Wallet, the online play system will notify the player regarding the player's balance. If there is no response from the player within thirty (30) days of such notification, the amount in the player's Wallet will be treated as unclaimed property under North Dakota law and will be disposed of in accordance with North Dakota law.
  9. A Group Manager is solely responsible for disbursing any prizes below $600 won by the Group to Group members. The Lottery and its designees, agents, vendors and contractors have no liability with respect to such disbursement.
  10. Winnings of $600 and greater must be redeemed or claimed no later than the end of the North Dakota Lottery's business day (standard local time), as posted by the Lottery on or before the unclaimed property period of five (5) years under North Dakota law.
  11. Winners will be paid as prescribed in the game group rules.

X. Definitions

  1. "Account Activation Email" means the electronic correspondence sent to a player from the Lottery confirming that the player has successfully registered an account on the Site.
  2. "ACH Process" means the process where funds are electronically transferred to/from a player's bank account to/from the Player's lottery winning or wagering bank account.
  3. "Claim Form" means the claim form that must be completed by the player and submitted to the Lottery to claim a prize of $600 or more arising from a purchase on the Site.
  4. "Draw Games" means any of the following Lottery games conducted by the Lottery: Powerball®, Mega Millions®, Lotto America℠, Lucky for Life®, and 2by2®.
  5. "Debit Process" means the process by which funds are electronically transferred from a player's bank account through card processing networks to the Player's lottery wagering account.
  6. "Effective Start Date" means the first drawing date for which an Online Play Purchase is effective.
  7. "End Date" means the last drawing date for which an Online Play Purchase is effective.
  8. "Player Selected Draw Numbers" means the numbers selected by the player for each purchase made.
  9. "Geolocation verification" refers to the process by which the player's location is checked against internet service providers' records or mobile providers' records that indicate a general, physical location of a player accessing the Site.
  10. A "Group" means two or more individuals sharing a purchase made on the Site.
  11. "Group Manager" means the individual designated on a Group purchase as the person acting on behalf of the Group.
  12. "Identity Verification" refers to the process by which information collected from the player is compared against public records to verify the person exists and is 18 or over. This process also verifies that the player is not listed on the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons lists.
  13. "Lottery" means the North Dakota Lottery.
  14. "Purchase Receipt Email" means the electronic correspondence sent to the player from the Lottery confirming plays for each Player Selected Draw Numbers purchased through the Site, the effective start date of the Plays, the end date for each Play, and the Draw Game numbersselected for each Play.
  15. "Quick Pick" means the option for a player to have Player Selected Draw Numbers randomlyselected by a computer.
  16. "Site" means https://club.lottery.nd.gov
  17. "Pick & Click Online Play" or "Online Play" means a play for a Draw Game purchased through the Site via an online play.
  18. "Online Play Purchase" means a purchase on the Site of an online play for Draw Game Plays for drawings up to one (1) year.
  19. "Deposit Account" means the account within the "Wallet" to which funds are deposited and from which online play purchases are made.
  20. "Winning Account" means the account within the "Wallet" to which online play winnings are deposited and from which player withdrawals are made.
  21. "Wallet" means the sum of two accounts that the player has on the site as follows: (1) the balance of deposits made by the player ("Deposit account") and (2) winnings deposited ("Winning account") by the Lottery. Please note only prizes under $600 will be deposited into the player's Winning account. Players may use funds from the Winning account for new purchases. Purchases made by players are first deducted from the player's Deposit account and then from the Winning account.

XI. Rewards Club Terms of Use

Binding Terms and Conditions

The North Dakota Lottery Players Club® is comprised of the WEBSITE and affiliated sites, (collectively, the "Site"), and offers various information, activities and services related to the North Dakota Lottery (the "LOTTERY"). Scientific Games International, Inc. ("SGI") manages the operation of the Site on behalf of the Lottery. SGI/LOTTERY shall mean both SGI and the Lottery.

The Service and Site are subject at all times to terms and conditions as specified in the Terms of Use, as may be amended from time to time (the "Terms"), the Privacy Policy, the policies, procedures and statutes of the LOTTERY and the State of North Dakota, and SGI policies and procedures (collectively, the "Governing Law"). Your use of the Service, the Site and any associated materials is conditioned on your acceptance without modification of these Terms.

Using this Site signifies your knowledge of and agreement to be bound by the Terms and Governing Law. SGI or the LOTTERY may update or revise the Terms at any time without notice. Any modifications posted on the Site will be effective immediately. You are responsible for reviewing the Terms periodically for any such modifications. Your continued use of the Site means that you accept all such updates or revisions. If you don't agree to the Terms, your only remedy is to cease to access the Site and to cancel any account or services for which you have enrolled or registered.

If you violate these Terms, we may issue you a warning about the violation, or we may choose to immediately terminate any account that you have established. You acknowledge that we are not required to provide you notice before terminating your account, but we may choose to do so.

The Terms and any posted rules or instructions regarding a particular game, activity, contest, sweepstakes or service, constitutes the entire agreement between you and SGI/LOTTERY regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms and any other rules or instructions posted on North Dakota Lottery Players Club®, SGI and the LOTTERY shall resolve the conflict at their sole discretion. If you have questions about these Terms, please contact us by sending an e-mail via the FEEDBACK FORM.

North Dakota Lottery Players Club® ACCOUNT REGISTRATION.

When you complete the North Dakota Lottery Players Club® registration process, you create a North Dakota Lottery Players Club® Account ("Account") and become a North Dakota Lottery Players Club® Member ("Member"). Your Account allows you to participate in certain services and activities on North Dakota Lottery Players Club®. To create an Account, you must select a legitimate, working e-mail address that is registered in your name ("LOGIN IDENTITY") and a password. If nickname feature is enabled, you may also select a nickname ("ONLINE IDENTITY"). If you do not select a nickname, your ONLINE IDENTITY will be assigned automatically by the system. You may not use a LOGIN IDENTITY/ONLINE IDENTITY that is used by someone else, and your LOGIN IDENTITY/ONLINE IDENTITY cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms.

Only players 18 or older are eligible to have an Account. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your North Dakota Lottery Players Club® Account. SGI/LOTTERY reserves the right to terminate your membership in the North Dakota Lottery Players Club® ("Membership") without notice if you purposely provide false, inaccurate or misleading information when creating your Account.

You may have no more than one active Account. SGI/LOTTERY reserves the right, at its discretion and without warning, to: (i) terminate the membership ("Membership") of any individual who establishes more than one active Account or (ii) terminate all the Accounts registered to the individual except one. The LOTTERY shall determine, at its sole discretion, which Account shall remain open if it opts to terminate the multiple Accounts.

You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. SGI/LOTTERY will not ask you to reveal your password and will not initiate any contact with you asking for your password. (If you forget your password, you can follow the procedures outlined at North Dakota Lottery Players Club®. ) You agree to indemnify and hold SGI/LOTTERY harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates our Terms. If your Account is terminated, you may not join North Dakota Lottery Players Club® again without our express permission, and SGI/LOTTERY will be under no obligation whatsoever to consider any request for reinstatement.

Termination of Account.

SGI/LOTTERY and you both have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with North Dakota Lottery Players Club® and SGI/LOTTERY. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms or SGI/LOTTERY's enforcement or application of these Terms; (2) the Content (as defined in paragraph 3, below) available through North Dakota Lottery Players Club® or any change in Content provided through North Dakota Lottery Players Club®; (3) your ability to access and/or use North Dakota Lottery Players Club®.

You can cancel your Account by delivering notice to North Dakota Lottery Players Club® Member Services Department via the e-mail FEEDBACK FORM. In the event that your Account is terminated or canceled, you will have no further access to your Account or anything within North Dakota Lottery Players Club® associated with it. Any VIP Rewards Points that have been accumulated in the account will be voided upon account termination or cancellation. Any live entry for any second chance game, including, but not limited to, licensed property games, Play it Again!, or sweepstakes or contest may be forfeited and deleted. At its discretion, SGI/LOTTERY may delete any other content at North Dakota Lottery Players Club® that is associated with the Account. Active Account holders may not allow former Account holders whose Account has been terminated to use their Accounts.

ONLINE CONTENT.

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on North Dakota Lottery Players Club®. SGI/LOTTERY provides most of the Content on North Dakota Lottery Players Club®. It is possible through certain activities and services for Content to be provided by North Dakota Lottery Players Club® Members. Content created by Members includes any e-mail written by and distributed by a Member via any e-mail FEEDBACK FORM function within North Dakota Lottery Players Club®.

Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for North Dakota Lottery Players Club®. Member content on North Dakota Lottery Players Club® is monitored by SGI/LOTTERY. We reserve the right to prevent the publication of Content that is objectionable to us for any reason. This determination is at our sole discretion, and is final. SGI/LOTTERY does not assume any liability for any failure to remove, or any delay in removing, Content.

If we prevent the publication of Content that you created, we may, although we are not obligated to, send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on North Dakota Lottery Players Club® and may terminate your Account.

Sending an e-mail via FEEDBACK FORM that includes inappropriate Content may result in termination of your Account.

ONLINE CONDUCT.

Online conduct ("Conduct") should be guided by common sense, basic etiquette and the Governing Law. We have zero tolerance for illegal or inappropriate Conduct on North Dakota Lottery Players Club®. You also must obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We will terminate your use of North Dakota Lottery Players Club®, terminate your Account and cooperate with appropriate law enforcement agencies in investigating any illegal behavior.

You agree that you will be personally responsible for your Conduct on North Dakota Lottery Players Club® and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless SGI, the LOTTERY, and their affiliates, employees, officers, and directors from any liability or damages arising from your conduct on North Dakota Lottery Players Club®, including any Content that you contribute.

You will violate the Terms of Service 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.

* Impersonate another person (including celebrities), indicate that you are an SGI/LOTTERY employee or a representative of the SGI/LOTTERY or North Dakota Lottery Players Club® or attempt to mislead users by indicating that you represent SGI/LOTTERY or any of SGI/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 North Dakota Lottery Players Club®. Remember: SGI/LOTTERY employees will NEVER ask for your password. Don't give your password out to anyone.

* Upload any software or Content that you do not own or have permission to freely distribute.

* Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

* Upload files that contain a virus or corrupted data.

* Improperly use or make false reports via FEEDBACK FORM e-mails.

* Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.

* You may not modify any part of North Dakota Lottery Players Club® that SGI/LOTTERY does not specifically authorize you to modify.

* You must obey all applicable laws, regulations and rules wherever you are on North Dakota Lottery Players Club®. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.

* You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running North Dakota Lottery Players Club®.

* You will not exploit any bug in the Service to gain unfair advantage in any North Dakota Lottery Players Club® activity and you will not communicate the existence of any such bug to any other user of the Service.

* You will not do anything that interferes with the ability of other users to enjoy using North Dakota Lottery Players Club® in accordance with its rules, or that materially increases the expense or difficulty of SGI/LOTTERY in maintaining the Service for the enjoyment of all its users.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the FEEDBACK FORM e-mail service.

Public Nature of Communications.

SGI/LOTTERY is not responsible for information that you choose to communicate to other users on North Dakota Lottery Players Club®, or for the actions of other users.

Once you post or send any Content to North Dakota Lottery Players Club®, you expressly grant SGI/LOTTERY the complete and irrevocable permission and right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your ONLINE IDENTITY, and without any notice or compensation to you of any kind. Additionally, except where prohibited by law, you expressly grant SGI/LOTTERY to include your name and hometown in association with your winning a prize or being selected or designated a winner in any contest, promotion, project, sweepstakes, drawing or other competition as may be available on North Dakota Lottery Players Club® from time to time and that you have voluntarily participated in such activity as a Member.

Commercial Activity and Unsolicited E-mail.

You may not advertise any goods or services on North Dakota Lottery Players Club®. Chain letters and pyramid schemes are not allowed. You may not use any aspect of North Dakota Lottery Players Club® to collect information, including login identity/online identities, about North Dakota Lottery Players Club® Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit North Dakota Lottery Players Club®, or any services offered on North Dakota Lottery Players Club® for any commercial purpose. Any violation of these provisions can subject your North Dakota Lottery Players Club® Account to immediate termination and further legal action.

Use of Machines, Computers, Scripts.

The use of machines, computers, scripts or any automated system on North Dakota Lottery Players Club® is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, 18 United States Code Section 1030. SGI/LOTTERY may terminate and permanently disqualify any Members who, in its sole discretion, it determines as being in violation of these Terms. All decisions by SGI/LOTTERY are final.

Proprietary Rights; Copyrights and Trademarks.

Much of the Content available on North Dakota Lottery Players Club® is owned by SGI/LOTTERY or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from North Dakota Lottery Players Club® unless we have expressly authorized you in writing to do so.

You must have the legal right to upload any Content to North Dakota Lottery Players Club® before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on North Dakota Lottery Players Club®, unless SGI/LOTTERY expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on North Dakota Lottery Players Club® can lead to the termination of your North Dakota Lottery Players Club® Account and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless SGI, the LOTTERY and their subsidiaries, affiliates, related companies, employees, officers, directors, vendors and agents.

North Dakota Lottery Players Club® Software.

Some activities on North Dakota Lottery Players Club® may require that you download doftware from SGI/LOTTERY or its licensors onto your computer. SGI/LOTTERY grants to you a non-exclusive, non-transferable, limited license to use North Dakota Lottery Players Club® Software as required to use our Service. You may not sub-license, or charge others to use or access North Dakota Lottery Players Club® Software. You may not use North Dakota Lottery Players Club® Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from North Dakota Lottery Players Club® Software. You may not modify North Dakota Lottery Players Club® Software or use it in any way not expressly authorized in writing by SGI/LOTTERY. You understand that SGI/LOTTERY's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by SGI/LOTTERY may vary depending on your computer and other equipment.

NEITHER SGI/LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR DOWNLOAD OR USE OF THE North Dakota Lottery Players Club® SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

North Dakota Lottery Players Club® Software may be subject to United States export controls. By downloading North Dakota Lottery Players Club® Software, you warrant that you are not located in any country, or exporting North Dakota Lottery Players Club® Software to any person or place, to which the United States has embargoed goods.

Export Control Laws.

You agree to abide by U. S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or North Dakota Lottery Players Club® 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 North Dakota Lottery Players Club® any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in thisSection shall survive termination of this Agreement.

User's Computer Information.

When you connect to North Dakota Lottery Players Club®, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of North Dakota Lottery Players Club® Software. We will not collect any personal information about you, however, except as provided in our Privacy Policy.

Links to Third-Party Sites.

North Dakota Lottery Players Club® may include hyperlinks to web sites operated by parties other than SGI/LOTTERY including advertisers and other content providers. Those sites may collect data or solicit personal information from you. SGI/LOTTERY does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

LIMITATIONS ON WARRANTY AND LIABILITY.

YOU EXPRESSLY AGREE THAT THE USE OF North Dakota Lottery Players Club®, North Dakota Lottery Players Club® SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. North Dakota Lottery Players Club®, VIP Players Suite SOFTWARE, SGI/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. SGI/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 SGI/LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SGI/LOTTERY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT SGI, THE LOTTERY, AND THEIR SUBSIDIARIES, LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS AND VENDORS 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 North Dakota Lottery Players Club® SOFTWARE. IN NO CASE SHALL SGI, THE LOTTERY, OR THEIR SUBSIDIARIES, LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SUBCONTRACTORS OR VENDORS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF North Dakota Lottery Players Club® North Dakota Lottery Players Club® SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH North Dakota Lottery Players Club®. 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, THE LIABILITY OF SGI, THE LOTTERY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS AND VENDORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SGI/LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH North Dakota Lottery Players Club® AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless SGI, the LOTTERY and their affiliates, subsidiaries, employees, contractors, officers, directors, subcontractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms or Governing Law for which you are responsible or in connection with your transmission of any Content on North Dakota Lottery Players Club®. SGI/LOTTERY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to SGI/LOTTERY in that matter. This Section shall survive termination of this Agreement.

OTHER LEGAL TERMS.

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the North Dakota Lottery Players Club® Terms of Use and the SGI/LOTTERY Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that you must access North Dakota Lottery Players Club® from a computer located within the United States in order to enter second chance drawings and Play it Again! Drawings.

SGI/LOTTERY may revise these Terms in its sole discretion and without notice to you. When and if revised, the revised Terms shall be effective and binding upon you as of the revision date.

The laws of the States of North Dakota and Georgia govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SGI/LOTTERY or relating in any way to your Membership or your use of North Dakota Lottery Players Club® resides in the courts of North Dakota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of North Dakota or in connection with any such dispute including any claim involving SGI/LOTTERY or its affiliates, subsidiaries, employees, contractors, subcontractors, officers, directors, vendors and content providers.