Kentucky Lottery Corporation
Fun Club Rewards
1. Binding Terms and Conditions
(c) By using the Service and the Site, you acknowledge your agreement to these Terms, including the rules and regulations which apply to your use of any feature of the Service or the Site, including any drawings, promotions or games offered in connection with the Site (the “Rules”), all of which are incorporated by reference.
(d) The Lottery may update or revise the Terms, including the Rules, at any time without notice. Any modifications posted on the Site will be effective immediately. You are responsible for reviewing the Terms and the Rules periodically for any such modifications. Your continued use of the Site and Service means that you accept all such updates or revisions. If you do not agree to the Terms or the Rules, your sole remedy is to cease to access the Site and to cancel any account or services for which you have enrolled or registered.
(e) If you violate the Terms, the Lottery may issue you a warning about the violation, or may choose to immediately terminate any account that you have established. You acknowledge that the Lottery is not required to provide you notice before terminating your account, but it may choose to do so.
(f) The Terms, including the Rules, constitute the entire agreement between you and Lottery regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms and the Rules, the Lottery shall resolve the conflict at its sole discretion. If you have questions about the Terms, including the Rules, call KLC Customer Service at 1-502-560-1500 or send an email to: CUSTSRVS@KYLOTTERY.COM
2. Account Registration
(a) When you complete the registration process, you create an account (“Account”) and become a Member ("Membership"). Your Membership allows you to participate in all services and activities on the Site.
(b) To create an Account and to be eligible to enter tickets for points and to enter drawings, you must be 18 years of age or older and you must provide your birth date. You must provide a valid U.S. address and a telephone number. You must select a legitimate, working e-mail address that is registered in your name and a password (collectively "Log In Identity"). Your online identity is your first name and an index number. You may not use a Log In Identity that is used by someone else, and your Log In Identity cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Site Account.
(c) Individuals prohibited by Kentucky Revised Statutes Chapter 154A from purchasing a Kentucky Lottery ticket or claiming a Kentucky Lottery prize are not eligible to enter a drawing to win a prize; such individuals are prohibited from claiming any prize won in a second chance drawing.
(d) You may have no more than one (1) single active Site Account. Lottery reserves the right, without warning, to terminate the Membership of any individual who purposely establishes more than one single active Account.
(e) You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. Lottery will not ask you to reveal your password or ever initiate any contact with you asking for your password. If you forget your password, follow the procedures outlined at Site. You agree to indemnify and hold 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 the Terms. If your Membership is terminated, any earned points and entries for drawings will be forfeited. You may not join the Site again without the express permission of Lottery, and Lottery will be under no obligation whatsoever to consider any request for Membership reinstatement.
3. Termination Of Membership
(a) Lottery and you both have the right to terminate or cancel your Membership at any time. You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with Site and Lottery. This includes, but is not limited to, any dispute related to, or arising out of: (1) any portion of the Terms or Lottery's enforcement or application of the Terms; (2) the content available through Site or any change in content provided through Site; (3) your ability to access and/or use Site.
(b) You may cancel your Membership by calling KLC Customer Service at 1-502-560-1500 or sending an email to: CUSTSRVS@KYLOTTERY.COM.
Your request must be confirmed in writing and may take up to three (3) business days to process.
(c) In the event that your Membership is canceled, either by you or by Lottery, you will have no further access to your Account or anything within the Site associated with it. Any live entry for any second chance game or sweepstakes or contest will be deleted. Any points that are assigned to the cancelled account will be deleted. Active Members may not allow cancelled Members to use their Accounts to access the Site.
4. Second Chance Promotions
(a) You agree that you will submit entries only from eligible Lottery tickets. Attempting to manually or automatically submit fraudulent entries into any drawing or contest related to the Service is cause for termination of Membership and may be subject to additional legal action. You will violate the Terms if you (or others using your Account) do any of the following:
· Impersonate another person (including celebrities); falsely indicate that you are a Lottery employee or a representative of the Lottery or Site, or attempt to mislead another person by indicating that you represent Lottery or any of 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 Site. Remember: Lottery employees will NEVER ask for your password. Do not give your password out to anyone.
· Upload any software 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 to Customer Service.
· Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
· Modify any part of Site that Lottery does not specifically authorize you to modify.
· Violate any applicable laws, regulations and rules wherever you are on Site. 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. Lottery has zero tolerance for illegal behavior and cooperates with law enforcement in such matters.
· Interfere with, hack into or decipher any transmissions to or from the servers running Site.
· Exploit any bug in the Service to gain unfair advantage in any Site activity, or communicate the existence of any such bug to any other user of the Service.
· Take any action which interferes with the ability of other users to enjoy using the Site or that materially increases the expense or difficulty of Lottery in maintaining the Service for the enjoyment and use of all its users.
(b) If you encounter another user of the Service or Site who is violating any of the Terms described above, you may report this by calling KLC Customer Service at 1-502-560-1500 or sending an email to: CUSTSRVS@KYLOTTERY.COM.
(c) Additionally, except where prohibited by law or policy, you expressly grant Lottery permission to include your name, hometown and likeness or photograph taken by Lottery in association with your winning a prize or being selected or designated a winner in any contest, promotion, project, drawing or other competition as may be available on Site from time to time and that you have voluntarily participated in as a member.
5. Availability to Public of Submitted Information
Information submitted in connection with the Site, including your name and other information, may be subject to disclosure under the Kentucky Open Records Act KRS 61.870 et seq.
6. Commercial Activity and Unsolicited E-mail
You may not exploit the Site or any services offered on the Site for any commercial purpose. Any violation of these provisions can subject your Membership to immediate termination and further legal action.
7. Use of Machines and Scripts
The use of machines, scripts or any automated system on Site is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Lottery may terminate and permanently disqualify any Members who, in their sole discretion, are determined to be in violation of these Terms. All decisions by Lottery are final.
8. Proprietary Rights, Copyrights and Trademarks
(a) Much of the content available on Site is owned by Lottery or by other content owners licensed by Licensor and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any content from Site unless we have expressly authorized you to do so. You must have the legal right to upload any content to Site 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 Site unless Lottery expressly authorizes you to do so in writing.
(b) Making unauthorized copies of any content found on Site can lead to the termination of your Membership and may subject you to further legal action. If other content owners take criminal or civil action against Lottery as a result of your actions, you agree to indemnify and hold harmless Lottery and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from all such claims.
9. Site Software
(a) Some activities on Site may require that you download software from Lottery or its licensors onto your computer. Lottery grants to you a non-exclusive, limited license to use Site Software as required to use our Service. You may not sub-license or charge others to use or access Site Software. You may not use Site Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Site Software. You may not modify Site Software or use it in any way not expressly authorized in writing by Lottery. You understand that Lottery's introduction of various technologies may not be consistent across all Internet browser platforms and that the performance and some features offered by Lottery may vary depending on your computer and other equipment.
(B) NEITHER LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SITE 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.
(c) Site Software may be subject to United States export controls. By downloading Site Software, you warrant that you are not located in any country, or exporting Site Software to any person or place, to which the United States has embargoed goods.
10. 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 Site 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 Site 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 this Section shall survive termination of this Agreement.
11. User's Computer Information
12. Links to Third-Party Sites
The Site may include hyperlinks to websites operated by parties other than Lottery including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Lottery does not control such websites and is not responsible for their content or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
13. Limitations On Warranty And Liability
(A) YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, SITE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, LOTTERY PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. 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 LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(B) YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LOTTERY OR ITS LICENSORS OR THIRD PARTIES CONTRACTING WITH THEM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR MEMBERSHIP.
(C) YOU ACKNOWLEDGE AND AGREE THAT LOTTERY, ITS SUBSIDIARIES, LICENSORS, AFFILIATES AND THIRD PARTIES CONTRACTING WITH THEM, 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 SITE SOFTWARE. IN NO CASE SHALL LOTTERY OR SITE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SERVICE, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP IN SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOTTERY AND AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH SITE 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.
Upon request by Lottery, you agree to defend, indemnify and hold harmless Lottery and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from your violation or breach of these Terms, governing law or in connection with your transmission of any Content on Site. This Section shall survive termination of your Membership and this agreement.
15. Other Legal Terms
(b) This Agreement and your Membership shall be governed by the laws of the Commonwealth of Kentucky and the rules and regulations of the Lottery. 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 Lottery or relating in any way to your Membership or your use of Site resides in the courts of Jefferson County, Louisville, Kentucky and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Kentucky in connection with any such dispute, including any claim involving Lottery or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
Lottery reserves the right to change the Terms at any time by posting new Terms at this location.
17. Last Update