Privacy Statement and Legal Disclaimers

 

KENTUCKY LOTTERY CORPORATION

 

PRIVACY POLICY AND LEGAL DISCLAIMERS

 

 

Effective: April 27, 2020

Version 4

Thank you for visiting kylottery.com, the official player website of the Kentucky Lottery Corporation.

Use of This Website and Acceptance of Policy

Your access and use of the Kentucky Lottery Corporation (“Kentucky Lottery”) website is subject to the terms of this policy as set out below and all applicable laws. By accessing and using this site, you accept these terms without limitation or qualification. If you do not agree to the terms of this policy, then do not access this website.

 

Definitions

As used herein, “this policy” refers to this Privacy Policy and Legal Disclaimers; “this website” refers to, collectively, the Kentucky Lottery’s website kylottery.com, mobile application or mobile app, and mobile site ; “Fun Club” refers to the information and services available through this website; “online” refers to use of the internet or any other means to access this website or any Kentucky Lottery social media page (including but not limited to Facebook, Instagram, Twitter, LinkedIn, You Tube) and the website of any of the Kentucky Lottery’s contractors, subcontractors, or third parties involved in producing or delivering this website or services or any offers made through this website; “iLottery,” “online play,” or “play online” refers to the purchase of lottery tickets through this website and is not the purchase of lottery tickets at a retail location; “this service” refers to all services, functions, and features described in this policy; “account” refers to a Kentucky Lottery Fun Club account registered on this website, which includes, for eligible players, the use of the account to purchase lottery tickets using this website; “we,” “us,” and “our” refer to the Kentucky Lottery, its agents, contractors, sub-contractors, and third parties involved in producing or delivering this website or services; and “you” or “your” refers to you, the user.

Acceptance of Additional Terms

By using this website, you represent that you understand and agree to this policy. Your use of this website also constitutes your agreement to the Fun Club Terms of Use, and if you use your account to purchase lottery tickets through this website, your agreement to the iLottery Terms of Use (both of which are posted on this website), and all game rules, promotion rules, statutes, regulations, policies and directives of the Kentucky Lottery and the Commonwealth of Kentucky, all of which are incorporated by reference.

Changes to Policy

We may change this policy, the Fun Club Terms of Use, the iLottery Terms of Use, game rules, promotion rules, or any other documents applicable to your use of this site, at any time, with or without notice. All changes are effective upon posting. Your continued use of this website after changes are posted constitutes your acceptance of those changes.

Information Collected Automatically

Some of your information is automatically collected when you visit and use this website. The server on which the website is located, and any third party Search Engine Optimization (SEO) tool used by the Kentucky Lottery to optimize the website, collects and saves only the default information customarily logged by web server software which may include, but is not limited to, the date and time of your visit; the originating IP address; the pages and images requested; information about how you linked to this website; searches you initiated; items you clicked on; the geographical location of your IP address; pages you visited; your mobile device identifier and hardware; your network carrier and the type of browser and operating system you used. This information is used to improve this website by making it more useful and accessible to visitors. This information is not considered to be personally identifiable information (PII).

Information Voluntarily Submitted

We may, depending on the services, product, or offers you request, collect additional information you voluntarily provide, including, but not limited to, your name, address, telephone number, email address, date of birth, all or the last four digits of your social security number, credit and/or debit card number, bank account number, routing number(s), transaction history, username, password, IP address, player identification number,, and geographical location.. This information may be used to provide your requested transaction, product, offer, or service, verify your eligibility for a requested or authorized transaction, product, offer, or service, contact you regarding a requested or authorized transaction, product, offer, or service, record transactions, improve the website, enforce terms and conditions, protect our rights and property, and otherwise perform the purpose for which the information was provided. If you do not provide all or any part of the personal information requested, your attempt to register for an account, update your account, or access or use your account, may not be processed. We require certain personal information to comply with the Internal Revenue Code and state and federal income reporting requirements and tax withholding requirements. When you submit information to us, you are authorizing us (and all third parties authorized by us) to use, transmit, disclose and store such information for all purposes necessary to provide the information, activities, and services offered in connection with this website. If you do not want your personal information collected, please do not submit it to us.

 

If you enable Touch ID or Face ID on a compatible smart device in order to login to your account through the mobile app, your smart phone provider will collect biometric information such as fingerprints or facial recognition but the information is encrypted and stored on the device only, and is not submitted to the Kentucky Lottery.

 

CONTESTS, SECOND CHANCE DRAWINGS AND OTHER PROMOTIONS

We may offer contests and other promotions on this website or online, (collectively, "Promotions"). These Promotions may be subject to special rules provided on relevant pages of the website or online, and may require you to register via an online registration form to create a user account, or provide information by email or text. If you choose to participate in these Promotions, and are eligible to do so, we may ask you for information such as your name, mailing address, email address, date of birth and telephone number. During the entry process, you may be required to choose a user name and/or password. You acknowledge and agree that we may use and rely on this password to identify you.

These Promotions may also allow you to share information about these Promotions with others. We will use any information you provide to administer the Promotions, including to award prizes, report such awards to applicable tax authorities, comply with other applicable laws, rules and regulations and perform other compliance and offset obligations required or permitted by law in connection with the awarding of prizes. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you identify, about our Products, to allow our partners to communicate with you about the Promotions or their products and services, for other purposes disclosed to you at the point of data collection, to comply with all laws, rules, regulations, policies and procedures applicable to the Kentucky Lottery Corporation and its Products and for other purposes consistent with applicable law.

Use and Disclosure of Information

We reserve all rights necessary to use and disclose your information, including personal information, as required and/or permitted pursuant to all laws, rules and regulations, policies and procedures applicable to the Kentucky Lottery or its products. Any information which you submit to us, or which is collected by us, via this website, including your name and other information, may be subject to disclosure under the Kentucky Open Records Act, KRS 61.870, et seq. or as otherwise required by state or federal law and in response to subpoenas, court orders or other legal process. Subject to applicable legal restrictions, we may disclose your information to entities that perform marketing or other promotional services on our behalf or with other entities with which we may have joint marketing agreements. We may disclose your information if it is necessary in connection with other business services including, but not limited to, administration of this website, customer services or convenience, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection, account maintenance and fulfillment activities, and awarding and payment of prizes or promotional offers.

We may employ tools provided by third parties such as Hotjar and Google Analytics to support Display Advertising, including Remarketing, Google Display Network Impression Reporting, data collection via advertising cookies and anonymous identifiers, the DoubleClick Campaign Manager integration and/or Google Analytics Demographics and Interest Reporting. In general, this means that third-party vendors, including Google, may show Kentucky Lottery ads on sites across the Internet based upon visits to this website. To implement these tools, Kentucky Lottery and third-party vendors, including Google, use first-party cookies and third- party cookies together to inform, optimize, and serve ads based on past visits to this website. The Google Analytics Privacy Policy is available at https://www.google.com/intl/en/policies/privacy/ . To opt-out of the Google Analytic Advertising Features, please go to https://tools.google.com/dlpage/gaoptout/ . You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI site and DAA site.

Winner Information

Except where prohibited by law or policy, if you win a prize, you understand and agree that we may use your name, city, prize amount, and any photograph, video or audio recording, in any medium, for promotional, advertising, and/or publicity purposes. You understand and agree that we may freely use, reproduce, and display this information, in whole or in part, alone or together with other information, through any and all forms of media, in any manner, anywhere, in perpetuity, and without restriction, reservation, or limitation.

Age and Identification Information

To successfully register for a Fun Club account, or successfully update your existing account, you must: be at least 18 years of age; have your age and identity verified; have a valid U.S. address and be in compliance with federal, state, and local laws, the Fun Club Terms of Use and all Kentucky Lottery directives, rules and regulations. In order to use your account to purchase lottery tickets on line, you must have a valid Kentucky address; be physically located in Kentucky at the time of purchase; have sufficient funds in your account to make the purchase; and be in compliance with federal, state, and local laws, the iLottery Terms of Use, and all Kentucky Lottery directives, rules and regulations.

By submitting the information necessary to register to be a member of Fun Club and to have an account, to update your existing account, and use your account, you consent to our use of any age verification and identity verification technology or method we deem appropriate.

We do not guarantee that our age verification and identity verification technology and methods will be able to locate records for and verify every person. You will not be able to use your Fun Club account if your age and identity cannot be verified. If you cannot successfully register for an account or update your existing account, we may nevertheless retain the profile information you submitted for an indefinite period of time.

Use of this Website by Children is Prohibited

Use of this website, including all of its content and services, by anyone under 18 years of age is strictly prohibited. We do not knowingly collect personal information from or create account profiles of persons under the age of 18. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children. While our account registration process uses age and identity verification software, users are cautioned, however, that information collected automatically or voluntarily submitted in certain ways, such as email or survey, will be treated as though it was submitted by an adult.

Location Information

You must be physically located within the Commonwealth of Kentucky to purchase a lottery ticket using the website, including the mobile app. We use a variety of geo-location technology and methods to verify your location. By registering for or updating your existing account, and using an account or this service, you consent to have your location verified by our standard geo-location check. Our standard location check is automatically activated any time you attempt to make a purchase. Your location will not be checked after you leave this website.

If eligible, you may purchase lottery tickets through the website by using your mobile device. You may connect to the Internet using a WIFI connection or through your mobile service provider using your data plan. Connecting to the Internet through your mobile provider requires registration of your device by using the mobile geo-location opt-in function on the website. We cannot guarantee that mobile geo-location opt-in will be available through your provider, that you will be able to opt-in, or that geo-location technology will be able to verify that you are located within the state.

We do not guarantee that our geo-location technology will verify the location of every person physically located within Kentucky. If we are unable to verify that you are physically located within Kentucky, you will be unable to complete your purchase hrough this website until we are able to verify that you are physically located within Kentucky.

Information relating to your location and/or the location of your mobile device will only be used by us and our staff and will not be shared with or sold to third parties. We do, however, reserve the right to disclose this information at any time in accordance with any law, regulation, or request from a court or government agency, to avoid liability or protect our rights or property. A record confirming your location may be retained for a specific period of time according to retention policy.

Cookies

This website uses cookies, pixels, and tags (collectively “cookies”) to customize your browsing experience and to allow cross platform advertising and user recognition, and we may use a third-party Search Engine Optimization tool (SEO) to improve the user experience. We also use cookies provided by Facebook and Twitter. Cookies are text files stored on your web browser to provide a means of distinguishing you from other visitors to the website. To better serve you, the website uses “transactional cookies” to enhance or customize your visit to the website and to recognize you when you visit again. The software or hardware you use to access the website may allow you to refuse new cookies or delete existing cookies. However, if you refuse or delete these cookies, this may limit your ability to take advantage of some features of this website. Furthermore, you may opt-out of Twitter and/or Facebook cookies via their platforms.

Personalized Advertising

KLC uses personalized advertising to display ads to you based on information gathered when you visit and interact with our website or services, as further detailed in Use and Disclosure of Information and Cookies above. We may use third-party ad-serving companies, cookies and other technologies to enable advertisers to learn about ads you see and click and your visits to our website. These technologies help to provide you with more relevant advertising. Personal information that we collect from you is not linked to the information collected for purposes of displaying personalized advertising.

Retention of Information

We retain information collected through this website in accordance with applicable record retention policies, disposal schedules, and state law. Where no retention policy, disposal schedule or state law applies, we may retain information for any period of time or not at all.

Email Marketing Communications

If you register for an account, update your existing account, or otherwise provide personal information through this website or online, you may receive email messages from us, including marketing messages regarding our products, such as games and promotions, from the Kentucky Lottery, IGT Corporation or any of the Kentucky Lottery’s other contractors, subcontractors, or third parties involved in producing or delivering this website or services (on behalf of the Kentucky Lottery). You have the right to ask in writing not to receive direct marketing material from us. If applicable, you can amend your previous preferences by following the “unsubscribe” instructions at the bottom of our email(s) to you. Please allow us a reasonable period of time to satisfy your request. This will not apply to email messages concerning your Fun Club Membership or account or to other transactional messages.

Text Message Communications

After registering for a Fun Club account, you have the option to subscribe to receive SMS (text) messages from the Kentucky Lottery with information about new games, updates on jackpots, and special offers. Consent to receive marketing text messages is not required as a condition of purchasing anything from the Kentucky Lottery.

Enter your cell phone number to opt-in to receive SMS messages from the Kentucky Lottery. You will receive a welcome message asking you to reply “JOIN’ if you would like to receive further text messages from the Kentucky Lottery. By joining, you may receive up to twenty (20) messages per month. Standard message and data rates may apply. Contact your wireless phone service provider to inquire about the details of your plan. You must have a two-way text enabled phone with compatible carrier and plan. Compatible major carriers may include Alltel Wireless, AT&T, Boost Mobile, Cricket, Metro PCS, Nextel, Sprint, TMobile(R), U.S. Cellular, Verizon Wireless and Virgin Mobile USA. Text messaging is not available in all areas of the United States. Neither T-Mobile nor any other carrier or any other party is liable for delayed or undelivered messages.

To unsubscribe from the Kentucky Lottery SMS message, text reply “STOP”. For customer support, text reply “HELP”, call 877-789-4532, or email help@kylottery.com.

Amazon Alexa Skill Terms

Use of the Kentucky Lottery skill on Amazon's Alexa service on any Alexa-enabled device (the "Skill") is governed by these Terms of Use (“Alexa Terms”). The Skill allows you to use an Alexa-enabled device, such as an Amazon Echo or Amazon Fire TV, to interact with the Kentucky Lottery via voice. If you do not agree to these Terms, do not use the Skill. Use of the Skill constitutes your acknowledgement of and agreement to these Terms,

You are granted a non-exclusive, personal, revocable, non- transferable license to use the Skill on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by Amazon and/or any other the Third Party, as applicable. Alexa is a service of Amazon and is operated on Amazon’s systems. Your use of Alexa-enabled devices through which you may use the Skill is subject to your agreements with Amazon and Amazon’s privacy policy. The Kentucky Lottery is not affiliated with Amazon and is not a party to or responsible for your agreements with Amazon or for its products and services. The Skill was not created or endorsed by Amazon. Please review your Alexa agreements with Amazon and Amazon’s privacy policy for how Amazon and your Alexa-enabled device treat interactions.

You agree that the Kentucky Lottery and Amazon are not responsible for any inaccuracies that result from use of the Skill. If you are unsure about the accuracy of any information delivered by this Skill or interaction through using it, please contact the Kentucky Lottery or confirm via the kylottery.com website or mobile application.

Use of the Skill involves the electronic transmission of information across the networks of your internet service provider or wireless service provider. Because the Kentucky Lottery does not operate or control the internet or wireless networks used to access the Skill, the Kentucky Lottery is not responsible for the privacy or security of internet or wireless data transmissions.. The Kentucky Lottery is not responsible for limitations and/or failures in performance associated with any wireless or Wi-Fi service used to access the Skill or for the security of any wireless or Wi-Fi service.

Privacy Policy for Alexa Skills

This privacy policy describes how Kentucky Lottery Corporation (“KLC”, “us” or “we”) protects your (“you”, “the user”) privacy and your data using our Alexa Skill. Before using any of our Alexa Skills (“our skills”), please read this policy and our Alexa Terms of Use , as well as the Alexa Terms of Use and the Privacy Policies by the Amazon Digital Services LLC (with its affiliates, “Amazon”).

Regarding Amazon, “Alexa” means their Alexa Voice Service which includes third party services (like our skills) and other related Software.

If you use one of our skills you fully agree to this privacy policy.

General

When you use our skills you have to talk to Alexa. This voice input is sent to Amazon and us where we use it to understand what value our skill should return to you. This is necessary for our service to give you the appropriate answer.

Data

We never collect or share personal data with our skills.To improve our services we analyze automatically how often utterances are spoken and other analytics. This is done automatically by Amazon in the Amazon Developer Portal.

The data we collected in our skill is saved in our database and used solely for the purposes of identifying the correct answer for the scavenger hunt game.

Changes

Our skills may change or be updated at any time. Further, this Privacy Policy might change. You can find a link to this policy on the description page of the skill in the Alexa App or in the Alexa Store. Your continued use of our Skill after changes of the Privacy Policy or the skill itself will be seen as your acceptance of both.

Disclaimer Regarding Links to other Websites

Links to other organizations on this website are provided for informational purposes only. In providing these links, we do not endorse the content, products, services, viewpoints, or security of these other websites. This policy does not apply to other websites. If you leave this website through a link, this Privacy Policy no longer applies and you are subject to the terms and policies of that website.

Security

Security measures have been integrated into the design, implementation, and day-to-day operations of this website as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information. We do not, however, guarantee security in any way. Your use of this website is at your own risk and we are not liable for any damages or losses resulting from a security breach except as required by law.

Disclaimer

While the Kentucky Lottery uses reasonable efforts to include accurate and up to date information on this website, errors or omissions may occur. We make no warranties or representations as to the accuracy of the information provided on this website. The information provided on this website is provided “as is” and without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. We do not warrant that the functions necessary to access the information provided on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. We do not warrant or guarantee continuous, uninterrupted or secure access to this website. Under no circumstances, including, but not limited to, negligence by act or omission, shall the Kentucky Lottery be liable for any direct, incidental, consequential, indirect or punitive damages that result from the use of, or the inability to use, the information provided on this website. The information provided in this policy should not be construed as business, legal or other advice.

Restrictions on Use of Website Materials

The Kentucky Lottery maintains this website to provide information and communication. You may download material displayed on this site for non-commercial personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the contents of this site for public or commercial purposes, including the text, images, audio and video.

VISITING THIS WEBSITE FROM OUTSIDE OF THE UNITED STATES

This website is intended for citizens of the United States. If you are visiting this website or attempting to purchase products from outside of the United States or otherwise contacting us from outside of the United States, please be aware that your personal information may be transferred to, stored or processed in the United States, where many of the service providers and servers related to this website are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. Nothing in this Section is intended to expand or otherwise alter any provisions set forth or referenced in the Site Terms of Use limiting access to and use of the Site and Products available on or through the Site to certain locations.

Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

How to Contact Us

If you have any questions about this website or the Privacy Policy, please contact our Customer Service by email at: help@kylottery.com or call 877-789-4532.

Effective April 27, 2020

Version 4