Pool Terms and Prize Sharing Agreement
This Agreement is entered into by and between myself, other Pool Members, and Jackpocket, Inc. for the purpose of jointly participating in the Lottery Pool for the Designated Drawing and jointly sharing any prizes resulting therefrom. Please note that ordering any Tickets using the Application or Jackpocket.com to participate in a Lottery Pool or other participation in a Lottery Pool for the Designated Drawing are subject to Jackpocket's Terms of Service. BY CONSENTING TO THIS AGREEMENT, YOU ARE ALSO AGREEING TO JACKPOCKET'S TERMS OF SERVICE.
"Application" and "Jackpocket.com" mean all of the services offered on the Jackpocket application, including, without limitation, all technology, processes and materials used to provide such services;
"Designated Drawing" means the specific lottery drawing that you are ordering a Ticket to enter using the Application or Jackpocket.com, and to which acknowledging this Agreement is a precondition to entering;
"In-Store Redemption Threshold" is the maximum dollar value for which a winning ticket may be redeemed at a retailer for cash. This varies by state. Check your Regulator's official website for this value;
"Jackpocket", "we" and "us" means Jackpocket, Inc., including its agents, contractors, and any parties involved in creating, producing, or delivering this Application;
"Lottery" means an official lottery game (e.g. Powerball);
"Lottery Pool" means any group of Tickets ordered by individual Users for which prizes will be shared;
"Pool Deadline" means the deadline set by Jackpocket for ordering a Pool Ticket;
"Pool Member" means any User that contributes a Ticket to a Lottery Pool;
"Pool Ticket" means any Ticket ordered by a User and contributed to a Lottery Pool for and associated with the Designated Drawing;
"Private Group" is a group of one or more players that: (i) is created by a Private Group Creator on the Application or Jackpocket.com; and (ii) may only be joined by other Users if the Private Group Creator or other invited participants invite them or otherwise provides them with a mechanism for joining;
"Private Group Creator" means any User that creates a Private Group;
"Private Lottery Pool" means any Lottery Pool in which only members of a Private Group may become Pool Members;
"Public Lottery Pool" means any Lottery Pool in which any eligible Users of the Application or Jackpocket.com may become a Pool Member;
"Regulator" means the organization that regulates the lottery in a given jurisdiction (e.g. The New York Lottery);
"Ticket" means any lottery ticket entered into a Designated Drawing;
"User" means any person that opens and maintains an Account on this Application; and
"Winning Pool Ticket" means any Pool Ticket that wins a prize.
2. General Conditions for Entering a Pool
Each Lottery Pool is for one specific Lottery and for one specific drawing (the Designated Drawing). Lottery Pools may not be available for certain Lotteries and/or Designated Drawings, as determined by Jackpocket in its sole discretion. Check the Application to see which Lotteries are available for Lottery Pools.
Any Winning Pool Ticket whose total prize value: (i) is less than or equal to any applicable In-Store Redemption Threshold, and (ii) that is part of a Lottery Pool, will be redeemed by Jackpocket on behalf of the applicable Pool Members. In the case of Public Lottery Pools, the total value of all prizes that are won from any Winning Pool Tickets in a Lottery Pool whose prize is less than the applicable In-Store Redemption Threshold will be divided equally among all Pool Members. In the case of Private Lottery Pools, the total value of all prizes that are won from any Winning Pool Tickets in a Lottery Pool whose prize is less than the applicable In-Store Redemption Threshold will be divided among all Pool Members based on each Pool Member's number of tickets purchased in that Lottery Pool. Any remaining cents that cannot be distributed equally will be distributed in the order in which the tickets were purchased.
Winning Pool Tickets with a total prize value that is greater than the applicable In-Store Redemption Threshold and that are part of a Lottery Pool will be claimed on a lump-sum basis and disbursed in one of the following ways, to be decided by Jackpocket in its sole discretion and/or as required by applicable state law:
The prize will be split by the Regulator. Each Pool Member will provide their social security number and address in order to receive their share of the prize. Jackpocket will then provide this information to the Regulator and each Pool Member will receive a check for their share of the prize. Taxes may or may not be withheld depending on the amount and Regulator. Each individual Pool Member is responsible for paying any taxes that are required.
The prize will be claimed by Jackpocket Inc., or an officer of Jackpocket Inc., in each case on behalf of the Pool Members. Each Pool Member will provide their social security number and address in order to receive their share of the prize. Neither Jackpocket nor the officer, as applicable, will retain any funds on its own behalf, but will promptly disburse the funds to the individual Pool Members accordingly. By participating in a Lottery Pool, you grant Jackpocket and its subsidiaries the right to claim prizes on your behalf and disburse the funds. You also authorize the Lottery commission in your jurisdiction to provide Jackpocket with any information relating to the withholding of funds in your name for any purpose permitted by that jurisdictions rules and regulations, including, without limitation, withholdings for child support payment and back taxes. Subject to all applicable requirements herein and under applicable law, Jackpocket or the officer, as applicable, shall disburse the funds to the Pool Members within a reasonable time following receipt of such funds.
In either case, taxes will be withheld as required by applicable law. It is the responsibility of the individual Pool Member to do their taxes according to regulations in their Jurisdiction.
Each User may: (i) order any number of Pool Tickets in a Private Lottery Pool; and (ii) order a single Pool Ticket in a Public Lottery Pool through the Application or Jackpocket.com. Jackpocket may, in its sole discretion, limit the number of Pool Members and/or Pool Tickets a Pool Member may order in any Lottery Pool. Any such limits will apply to all Pool Members without exception. Users may not order tickets in any Lottery Pool if doing so would cause that User to exceed his/her daily Ticket order limit, as described in Jackpocket's Terms of Service. Any non-Pool Tickets ordered through the Application or Jackpocket.com and any tickets not ordered through the Application or Jackpocket.com shall not entitle a User to additional rights in the Lottery Pool for, or associated with, the Designated Drawing and are not subject to this Agreement.
4. Deadlines for Contribution
Users may only order Pool Tickets before the Pool Deadline. The Pool Deadline is conspicuously published and available to you before you are permitted to order a Pool Ticket. Any actual or attempted orders after the Pool Deadline or after the Designated Drawing has commenced shall be void and shall not entitle a User to additional rights for or associated with the Lottery Pool for the Designated Drawing and are not subject to this Agreement.
5. Number of Pool Members
The final number of Pool Members in a Lottery Pool for or associated with the Designated Drawing will be determined at the Pool Deadline for such Lottery Pool for the Designated Drawing. Users may order Pool Tickets until the Pool Deadline.
6. Lottery Pool Manager
Jackpocket will be responsible for managing and administering any Lottery Pools for or associated with the Designated Drawing that are: (i) the subject of this Agreement; or (ii) otherwise involve Pool Tickets ordered through the Application or Jackpocket.com.
7. Prize Sharing in a Pool
Subject to Section 8 below, if one or more Pool Tickets are Winning Pool Tickets, each Pool Member in that Lottery Pool shall be entitled to a proportion of the total winnings or prizes from the Winning Pool Tickets in that Lottery Pool equal to such Pool Member's number of tickets in proportion to the total number of Pool Tickets in that Lottery Pool, subject to any withholdings or other required deductions. Any remaining cents that cannot be distributed equally will be distributed in the order in which the tickets were purchased.
8. Claiming and Distributing Winnings and Prizes
Any winnings for prizes from a Lottery Pool for, or associated with, the Designated Drawing shall be claimed and distributed by Jackpocket pursuant to this Agreement and Jackpocket's Terms of Service.
You acknowledge and agree that:
If one or more Pool Tickets are Winning Pool Tickets and the prize is $600 or greater, Jackpocket shall provide you with notice that you are entitled to a share of the winnings or prizes.
Upon receiving notice from Jackpocket that you are entitled to a share of the winnings or prizes, you will have seven (7) days following receipt of such notice to fill out and/or sign any form necessary for claims to be properly processed in your jurisdiction (each, a "Claim Form"). A Claim Form (including IRS Form 5754) requires that each Pool Member provide their social security number and address in order to properly conduct tax filings (including Form W-2G) as well as to search your jurisdiction for back taxes, child support payments, and other required deductions. YOU AGREE TO PROVIDE JACKPOCKET AND THE LOTTERY WITH THIS INFORMATION WITHIN THE SEVEN (7) DAY TIMEFRAME AND YOU AGREE TO BE SUBJECT TO THESE SEARCHES AND WITHHOLDINGS, EACH AS AN EXPRESS CONDITION TO RECEIVING ANY FUNDS. IN ADDITION, YOU AUTHORIZE THE LOTTERY IN YOUR JURISDICTION TO PROVIDE JACKPOCKET WITH ANY INFORMATION RELATED TO YOUR WITHOLDINGS IN ORDER FOR JACKPOCKET TO PROPERLY DISTRIBUTE FUNDS TO THE POOL MEMBERS. IF YOU FAIL TO MEET ANY REQUIREMENT SET FORTH ABOVE OR ELSEWHERE IN THIS AGREEMENT, YOU HEREBY FORFEIT ALL TITLE, CLAIMS, INTERESTS, AND RIGHTS IN ANY WINNINGS OR PRIZES FROM THE LOTTERY POOL FOR THE DESIGNATED DRAWING. In the event of any such forfeiture, all such winnings (less necessary withholdings or other required deductions) shall be allocated to the Pool Members who properly completed the Claim Form in the required time period.
Any disputes involving this Agreement shall be resolved pursuant to Section 18 of Jackpocket's Terms of Service.
10. Terms of Service Apply
Jackpocket's Terms of Service are hereby incorporated into this Agreement. If there is a conflict between this Agreement and Jackpocket's Terms of Service, the terms of this Agreement shall govern and control.