TERMS AND CONDITIONS OF USE

(effective February 26, 2015)

 

These Terms and Conditions of Use (“Terms of Use”) apply to  the Lucky For Life® Internet site, www.luckyforlife.us, and all related sites (collectively, the “Site”).  We link to these Terms of Use in or from the Site, and by accessing such Site you accept and agree to these Terms of Use as well as the Lucky For Life Privacy Policy. You understand and agree that we may revise the information contained on the Site at any time and without notice to you.  By continuing to access and use the Site after the changes are made, you accept and agree to the revised Terms of Use.

As used in these Terms of Use, the words “you” and “your” refer to each individual accessing the Site.  The words  “we”, “us” and “our” refer to the Lucky For Life Lotteries acting on behalf of themselves and, where applicable, their third party licensors.  You will also notice that we capitalize additional words in these Terms of Use even though grammatical rules do not require capitalization. We do this because, in the context of these Terms of Use, these words have specific meanings that can be found where the capitalized words are placed in bold text inside parentheses and quotation marks.

Rights and ConditionsYou may access and view the Content on your computer or other compatible device solely in connection with your personal, non-commercial use.  You may also make single copies or prints of the Content in connection with your permitted use.  Any commercial distribution, publishing or exploitation of the Site, or any Content, is strictly prohibited.  We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

ContentThe content made available on the Site, including text, images, graphics, logos, designs, audio, video and other information, code, data and materials (the “Content”) is provided to you for your information only.  We make no representations or guarantees that the Content is accurate or complete, that the Content is current, or that the Content will be error free (either technically or with respect to typographical errors).  Information from the Content, including winning numbers and prize and jackpot information, must always be verified.  The Content does not constitute legal, tax, or financial advice and cannot be used for that purpose.

Lucky For Life Game; Winning Numbers.  The Official Game Rules in the jurisdiction in which you purchase a Lucky For Life game ticket apply to that purchase and any related claims and payments.  Official winning numbers are those numbers selected in the respective game drawing and recorded in the gaming system.  In the event of a discrepancy between information on the Site and information in the Official Game Rules, information contained in the Official Game Rules and applicable law shall prevail.  Under no circumstances will we be liable for any loss or damage caused by your reliance on Content.  It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.

Submitted MaterialsAny information, creative works, ideas, suggestions, concepts or other materials submitted or sent to us on your own or at our request (collectively, “Submitted Materials”) may be used by us in any manner consistent with the Lucky For Life Privacy Policy.  By submitting or sending Submitted Materials to us, you: (a) understand that we cannot guarantee any confidentiality with respect to Submitted Materials; (b) represent and warrant that you own all necessary rights to provide Submitted Materials; (c) represent and warrant that the Submitted Materials are accurate and current; and (d) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, translate, create derivative works from, distribute, perform, display, export and otherwise use such Submitted Materials (in whole or part) and/or to incorporate them in other works in any form, media or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, so you should retain all such data and information in your own records.

Lucky For Life Privacy PolicyOur collection of certain information about you is subject to the Lucky For Life Privacy Policy, which is incorporated in these Terms of Use by reference for all purposes.

Prohibited User Conduct.  You warrant and agree that, while using the Site, you shall not: (a) retrieve, alter, or destroy Content, including unauthorized alterations to the wording of any on-line forms or registrations; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; (c) breach or defeat system or network security measures on, from or through the Site, including authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Site or our business, including our systems, operations, products and services, network or telecommunications devices or those of our third party suppliers, and any users of the Site; (e) remove, modify or obscure any proprietary rights notices that we place on any component of the Site; (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any Content offered on or through the Site, or obtaining or accessing other information or features on, from or through the Site, including any information residing on any server or database connected to the Site; (g) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (h) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (i) violate the privacy rights of any party under applicable law or regulation; (j) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or other similar programs designed to disrupt, destroy, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, systems, network devices or telecommunications equipment or those of our third party suppliers and any authorized user; (k) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient, including by inserting your own or a third party’s advertising, branding or other promotional content into any the Site’s Content or materials including chain letters or pyramid schemes of any kind; (l) use or access the Site for any purpose that is unlawful or prohibited by these Terms of Use; (m) frame or use framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout or form) of ours, our licensors or our content suppliers, without express written consent in each instance; (n) use any meta tags or any other “hidden text” utilizing the trade names, Trademarks, service marks of logos of ours, our licensors or our content suppliers, without express written consent in each instance; (o) make any commercial or non-fair use of the copyrights, Trademarks, logos, symbols, or any other mark, device, or commercial identifier of ours, our licensors, or our content suppliers, without express written consent in each instance; (p) use or access the Site in a manner that could damage, disable, overburden, or impair any of our servers or the networks connected to any server; (q) interfere with any party’s use and enjoyment of the Site; (r) attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means; (s) sublicense any license granted in or materials available through the Site under these Terms of Use (whether or not any such acts are for commercial gain or advantage); or (t) reverse engineer, decompile, modify, or create derivative works from any software accessible by or through the Site, without the software owner’s express written consent in each instance.

Third Party Services.  The Site may also contain other third party services, including links to internet sites and applications (“Third Party Services”).  Third Party Services are provided for informational purposes only and do not constitute an express or implied endorsement by us of the content provided on those Third Party Services.  We do not have any knowledge of the information contained on such other services.  Neither the Third Party Services nor parties related thereto are under our control and, therefore, we are not responsible for any content and do not provide any warranty as to the accuracy, completeness, timeliness, reliability, quality or effectiveness of any content provided on those Third Party Services.  This also means that, if you follow a link to a Third Party Service, you are no longer subject to the Lucky For Life Privacy Policy.  You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Third Party Services.  You should direct any concerns with respect to any Third Party Services to that service’s administrator or webmaster.

Disclaimer, Liability and IndemnityYOU EXPRESSLY AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, QUALITY OR EFFECTIVENESS OF THE SITE, ITS CONTENT OR THE CONTENT OF ANY THIRD PARTY SERVICES LINKED TO THE SITE.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE CONTENT CONTAINED IN YOUR USE OF ANY HYPERLINKED THIRD PARTY SERVICES.  IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE.

IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES (“LUCKY FOR LIFE PARTIES”) OR ANY JURISDICTION OR ITS OFFICIALS OR EMPLOYEES (“LUCKY FOR LIFE JURISDICTIONS”), BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EITHER WE OR THE LUCKY FOR LIFE JURISIDCITIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OFFERED THROUGH THE SITE.  YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND THE LUCKY FOR LIFE JURISDICTIONS WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold the Lucky For Life Parties and the Lucky For Life Jurisdictions harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms of Use.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to fully reimburse our defense costs.

Intellectual Property RightsAll Content and all rights, title and interest, including intellectual property rights (including copyrights, patents, and Trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Site, including its look and feel, design and organization, is our property or the property of our licensors and is protected by law. You agree that you will not produce, license, sell, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Content without our prior express written consent in each instance. If you download or print a copy of materials from the Site for a personal, noncommercial use, you must retain all copyright and other proprietary notices contained in those materials. Copyright © 2015.  Lucky For Life Lotteries. All rights reserved.

TrademarksThe Trademarks, logos, service marks and trade names (collectively, the “Trademarks“) displayed through the Site are registered and unregistered Trademarks of ours and others, and they may not be used unless authorized by the Trademark owner.  We do not permit the use of our Trademarks in advertising as an endorsement for any product or service, or for any purpose, commercial or otherwise, without our prior written approval in each instance.

Copyright AgentWe respect the intellectual property rights of others and require that the individuals who use the Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Copyright Agent:

 

Andrew E. Walter, Esq.

Connecticut Lottery Corporation

777 Brook Street

Rocky Hill, CT 06067

voice: (860) 713-2700

fax: (860) 713-2805

e-mail: copyrightdmca@luckyforlife.us

 

Term and Termination.  These Terms of Use apply to all users of the Site at all times until we supersede and replace them.  We may at any time terminate, change, suspend, add to or discontinue any aspect of the Site itself, or your right to use it, without in any scenario notice or liability to you.

 

Governing Law.  The operation of the Site and these Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction from which you access the Site.  If the jurisdiction from which you access the Site does not offer the Lucky For Life game, then the governing law shall be the State of Connecticut.  All proceedings relating to us or these Terms of Use shall be brought in the appropriate court located in the jurisdiction from which you access the Site (if such jurisdiction offers the Lucky For Life game) or the State of Connecticut (for those jurisdictions that do not offer the Lucky For Life game), and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

Miscellaneous.  Neither any course of conduct between the parties nor any trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arises or be forever barred.  If a court holds any provision of these Terms of Use unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect.  The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party.  You many not assign your rights or obligations under these Terms of Use.  These Terms of Use constitute the complete agreement of the parties with respect to its subject matter and supersede all prior agreements and understandings in relation to its subject matter.  The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination.  The word “including” is exemplary, meaning “including, without limitation” or “including, but not limited to”, unless otherwise indicated.

Contacting Us.  If you have questions about these Terms of Use, please contact the Lucky for Life Lotteries, c/o Connecticut Lottery Corporation, 777 Brook Street, Rocky Hill, CT 06067, or by phone at (860) 713-2700, or by e-mail at termsandconditions@luckyforlife.us.