Terms and Conditions, Terms of Service

The following terms and conditions (“Terms and Conditions” or “Agreement”) constitute an agreement between you, whether as a casual visitor or registered user (“User”, “you” or “your”) and the Massachusetts State Lottery Commission (“MSLC”) and its vendor(s) and/or contractor(s), owner and operator of this mobile application (“Site”, “Services”) and all content and features contained therein, regarding your use of the Site and Services. BY ACCESSING THIS SITE, UTILIZING ANY OF THE SERVICES, AND/OR REGISTERING WITH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE MSLC PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE.

All claims and tickets are subject to MSLC validation. MSLC is not responsible for incorrect, inaccurate or fraudulent claims and/or any tickets which may be defective, mutilated, stolen, miscut or fail any validation requirement for any reasons including, but not limited to, being illegible, lost, or altered. MSLC is not liable for failure to follow any Terms and Conditions provided herein and will not be responsible for any loss, direct or indirect.

You agree to all Terms and Conditions and rules and regulations for your account, for any tickets played or claims submitted, any Second Chance drawing you may enter and/or any Lottery promotion for which you may be eligible. The MSLC, in its sole discretion, may make changes and / or modifications to the Site or to this Agreement including, but not limited to, any policies, rules, changes, modifications, amendments or agreements, which are incorporated by reference herein, at any time and without prior notice to you, and such policies, rules, changes, modifications, amendments, or agreements shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) the MSLC may notify you of such policies, rules, changes, modifications, amendments or agreements or changes or modifications thereto by posting them to this Site and (ii) your use of this Site or the Services after such policies, rules, changes, modifications, amendments or agreements or changes or modifications thereto have been posted, constitute your acceptance of this Agreement as last revised. In addition, the MSLC may occasionally notify you of upcoming policies, rules, changes, modifications, amendments or agreements to this Agreement by email. It is recommended that you keep your account information, specifically your email address, current.

This Site and the Services provided are available only to Users who can form legally binding contracts under applicable law, and pursuant to Massachusetts General Laws c 10 § 22 et seq. By using this Site or the Services found at this Site, you represent and declare under pains of penalty of perjury that you are at least eighteen (18) years of age.

Using the MSLC Site does not give you ownership of any intellectual property rights to MSLC services or its content. It is a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided by MSLC for the sole purpose which is of the use and enjoyment of the Services provided on this Site. You may not copy, modify, distribute, sell, or lease any part of our Site, Services, or software, nor may you reverse engineer or attempt to extract the source code of that software unless you express prior written consent of the MSLC. The content on this Site, including without limitation, the text, software, scripts, source code, API, graphics, photos, sounds, music, interactive features and the trademarks, service marks and logos contained therein (the “MSLC content”) are owned or licensed by the MSLC and are subject to copyright, trademark, and/or patent protection in the United States and other intellectual property rights under United States law and foreign laws. The MSLC content is provided to you in “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose, commercial or otherwise, whatsoever without the express prior written consent of the MSLC. No right, interest, or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. MSLC reserves all rights, including those not expressly granted in and to the MSLC content, this Site, and the Services therein, and this Agreement does not transfer ownership of any of these rights.

The trademarks, service marks and logos of the MSLC, used and displayed on this Site, are registered and unregistered trademarks or service marks of the MSLC. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use these trademarks. The Site and Services have been specially designed to present the content in a unique format and appearance. Elements of the platform are protected by trade dress, trademark, unfair competition, and state and federal laws, and may not be copied or imitated in whole or part by any means or in any derivative form. Neither you nor any third party shall make use of the MSLC content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

MSLC reserves the right, but has no obligation, to permit or deny access to this Site and further reserves the right, in its sole discretion, to prohibit its use to any user for any reason.

The MSLC follows the general policy in accordance with the Digital Millennium Copyright Act (“DMCA”) as constructed and in the event that third party content is accepted within the Site at any time for any reason.

Disclaimer of Warranties and Limitation of Liability

Your access to this Site is at your sole risk. If you are dissatisfied with any of the materials, information or postings, on the Site or with any terms contained herein, your sole and exclusive remedy is to discontinue accessing and using the Site.

The service provided is “as is”, “as available” and “with all faults”, and the MSLC does not warrant that the service will be uninterrupted or error free. There may be delays, omissions, interruptions and inaccuracies in the communication and presentment information, and the MSLC makes no warranties, express or implied, including without limitation, those of merchantability or fitness for a particular purpose with respect to any information that is available through the Site. MSLC reserves the right to correct any errors or omissions on the Site without prior notice to the user. MSLC is not liable for any damages or harm attributable to any viruses, worms, “Trojan horses” or other destructive materials, and you use this solely at your own risk.

The MSLC, its affiliates, members, officers, managers, employees and licensors are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues, profits, loss of business, or loss of data in any way related to the Site and services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the services or on the Site (including without limitation as a result of the breach of warranty or other term provided in this Agreement).

Miscellaneous

Nothing in these Terms and Conditions shall confer any third-party rights or benefits to any individual, group or other entity. These Terms and Conditions shall be binding upon and inure to the benefit of the MSLC and parties hereto and their respective heirs, successors and assigns, and shall be construed in accordance with the laws of the Commonwealth of Massachusetts. This section shall survive any termination of the agreement of use. Each covenant and agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision or portion of any provision to be illegal, invalid, or otherwise unenforceable, the remaining provisions or portion thereof shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

The Hot and Cold Numbers feature is based on data from the previous 100 drawings to calculate numbers that were most commonly selected, or not selected in those previous drawings. This feature is for entertainment purposes only and is not an indication that certain numbers are more likely, or less likely, to be drawn in future drawings.

Contact Information

If you have any questions regarding the Terms and Conditions, please contact us via email: appmaster@masslottery.com or by first class mail:
Massachusetts State Lottery Commission, Legal Department, 150 Mount Vernon Street, Dorchester, MA 02125-3573

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