Jackpocket Terms of Service
Last Modified: April 23, 2019
PLEASE READ THE BINDING ARBITRATION CLAUSE IN SECTION 17. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms and conditions ("Terms of Service") govern your use of the Application (as defined below) as provided by Jackpocket, Inc. ("Jackpocket," the "Company," "We" or "Us"). These Terms of Service are a binding legal agreement between you and Jackpocket. Jackpocket may change these Terms of Service at any time without notice to you by posting the revised Terms of Service with the date they were revised.
When ordering a lottery ticket through Jackpocket, you are placing an order for a lottery ticket and not purchasing a lottery ticket directly. As a service provider and acting on your behalf, Jackpocket will fulfill that order through a licensed retailer in the jurisdiction where the order was placed. Jackpocket is the retailer's authorized agent for accepting payment from Users (as defined below).
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. JACKPOCKET, INC. IS NOT AFFILIATED, OR ENDORSED BY ANY STATE LOTTERY OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.
1. Defined Terms
For the purpose of these Terms of Service:
- "Account Funding" means funding your account via one of the accepted forms of payment for the purposes of purchasing a lottery ticket.
- "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;
- "Available Funds" means any Jackpocket Credits in an Account (as defined below) which have not been used to order Tickets through this Application or withdrawn to a bank account;
- "Designated Drawing" means the specific Lottery drawing that you are purchasing a Ticket to enter using the Application or Jackpocket.com;
- "Drawing Entry" means any set of numbers that constitute a single drawing entry on a Ticket; a Ticket may have multiple Drawing Entries;
- "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;
- "Jackpocket Credits" means any funds in a User's Account. Jackpocket Credits are added when a User wins an amount less than or equal to the In-Store Redemption Threshold of the applicable State Lottery. Jackpocket Credits may be added to a User's account by Jackpocket for promotional or compensation purposes as well;
- "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;
- "Non-Winning Ticket" means any Ticket with prizes equal to $0 after prize values are announced;
- "Non-Withdrawable Credits" means any Jackpocket Credits that are not available for withdrawal to a bank account. Jackpocket Credits that are added as a result of Users funding their account will be non-withdrawable. Non-Withdrawable Credits may also be given to Users for promotional reasons or for special cases;
- "Withdrawable Credits" means any Jackpocket Credits that are available for withdrawal to a bank account. Any Jackpocket Credits that are applied to a User's Account as a result of winning lottery prizes are Withdrawable Credits;
- "Personal Information" means information about a natural person that is readily identifiable to that specific individual. Personal Information includes, among other information, an individual's name, address, telephone number, date of birth, email, password, and any other information used to identify you on this Application. But a domain name or Internet protocol address is not considered Personal Information;
- ."Play" means a single game entry;
- "Pool Member" means any User that contributes a Pool Ticket to a Lottery Pool;
- "Pool Ticket" means any Ticket contributed to a Lottery Pool;
- "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 invites 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;
- "Quick Pick" means any pseudorandomly-generated Play;
- "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;
- "Winning Ticket" means any Ticket that wins a prize;
- "Winning Pool Ticket" means any Pool Ticket that wins a prize.
- "You" and "Your" means each person, group of individuals, entity or entities who visits this Application for any purpose.
2. User Agreement
We reserve the right to change these Terms of Service at any time without prior notice to you. If we make what we determine to be material changes to these Terms of Service, we will notify you by prominently posting a notice or by sending a notice to the e-mail address on file. It is your obligation to provide us with notice of any change to your e-mail address by sending us notice immediately to firstname.lastname@example.org. Your continued use of the Application following such material changes constitutes your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Application and provide written notice of same to email@example.com. We will automatically deactivate your Account and return any funds remaining in your Account, as detailed in these Terms of Service, unless you instruct us otherwise. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.
In order to create an Account, order Tickets and/or claim prizes on the Application, you must, at the time of registration:
- be at least 18 years of age;
- be physically located in a state in the United States (including the District of Columbia) and in a "Jurisdiction" in which use of the Application is unrestricted by law;
- not be a person barred from using the Application, or a similar lotto service, or barred from purchasing lottery tickets under the laws of any Jurisdiction or the United States;
- at all times abide by these Terms of Service as set forth herein;
- provide accurate and complete personal information where requested, and update Jackpocket if your information changes, including credit card or bank account information;
- ensure that the name on your credit cards or bank account(s) matches the name on each of your ticket orders; and
- comply with any other applicable laws, regulations, or legal requirements.
If you reside in a Jurisdiction that requires you to be twenty-one (21) years of age or older to participate in a Lottery, you must adhere to that Jurisdiction's laws in order to use the Application. If you do not meet all of these requirements, you must not access or use the Application. Jackpocket reserves the right to verify your age and/or identity and eligibility at any time. Any failure to cooperate with Jackpocket in this respect may result in the suspension and/or termination of your Account. Eligibility determinations are made by Jackpocket, in its sole discretion.
By accessing or using the Application, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these Terms of Service, and that you are not prohibited or restricted from accessing or using the Application. The Company makes no representations or warranties, implicit or explicit, as to your legal right to access or use the Application and no person affiliated, or claiming affiliation, with Jackpocket shall have authority to make any such representations or warranties. Jackpocket does not intend for the Application to be used by persons present in jurisdictions in which participation is prohibited or restricted. You agree that the availability of the Application does not constitute an offer, solicitation or invitation by Jackpocket for the use of the Application in any jurisdiction in which such activities are prohibited or restricted. Jackpocket reserves the right to deny access to the Application to anyone at its sole discretion.
4. User Accounts
- Registration for an Account. To register for an Account, download the Application and complete the online registration process. You will be required to submit personal information including your phone number and email address. You will then be prompted to verify your phone number via SMS code. By accepting these Terms of Service, you agree to receive SMS messages at the mobile telephone number you provide to Jackpocket. Please note that at registration and while you maintain an Account, we will ask you to verify your phone number by SMS text or by our agents calling you at the number you provided. You consent to these calls by accepting these Terms of Service. If you do not respond to our requested communication or we cannot reach you via the phone number you have provided (for instance in the event your mobile phone company has suspended your account), then we may suspend your Account until we are able to reach you via the number you provided at registration. If you need to update your phone number, please log-in through your Account and update your mobile number, which you will also be required to verify via SMS text message communications or a phone call.
- Marketing. You acknowledge and agree that Jackpocket may send you email containing information about lottery products, such as games and promotions, as well as notifications pertaining to your Account activity. You may opt-out of promotional emails by following the opt-out instructions in the emails. However, we will still contact you regarding administrative matters concerning your Account. If you provide any information that is inaccurate or not current, or Jackpocket has reasonable grounds to suspect that such information is inaccurate or not current, or you cannot be reached within 180 days for any reason, Jackpocket reserves the right to suspend or cancel your Account, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof).
- Security of Your Account. Access to, and use of your Account is strictly limited to you as the registered User of your Account. You are required to immediately notify Jackpocket at support@Jackpocket.com if you discover fraudulent or unauthorized orders, funds transfers or suspect that someone else is using your account login credentials without your permission.
- One (1) Account/No Transfer of an Account. Only one (1) Account is allowed per person. You are strictly prohibited from opening or operating a shared account, and Jackpocket may suspend or terminate your use of the Application if in our sole discretion, we deem you to be sharing an Account, or providing false Account information. In the event Jackpocket determines that you have registered more than one (1) Account, you acknowledge and agree that, in addition to any other rights Jackpocket may have, Jackpocket has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). If you need to update the name on an Account (such as a name change due to marriage), please contact us at firstname.lastname@example.org. Please note that you will be asked to provide verifying information and that all documentation must be complete and accurate.
- Your Account is not transferable. You may not transfer or share your account with any other party. Each individual must open its own Account. The name on any Ticket order must match the name on your Account. In the event of any dispute, the Account holder (i.e. the person or entity who opened the Account and provided payment information) is deemed the holder of the Ticket. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the age of eighteen (18) (or twenty-one (21) where required in the applicable Jurisdiction) or who are barred from purchasing Tickets under the laws of the applicable Jurisdiction or, to use the Application or to use or re-use your Account, including but not limited to, in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application or of your Account and for any use of your payment instrument by any other person or third party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities and Jackpocket has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). Jackpocket will not be liable for any loss that you may incur as a result of someone else using your Account.
- Equipment Obligation to Use Application. You must provide all equipment and software necessary to download and use the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees, including, without limitation, SMS/MMS text usage fees, that you incur when accessing the Application.
- Account Termination. Your Account may be suspended or terminated and prize funds returned to the regulator of the state Lottery (hereinafter the "Regulator") for:
- Fraud or suspected fraud of any type;
- Any other reason as set forth in the Terms of Service, including as the Terms of Service may be amended from time to time.
In the event of Account suspension, Jackpocket may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, Account Funding and withdrawals. Registered Users of Accounts for which suspension escalates to Account termination will be subject to forfeiture of prizes awarded for Winning Tickets back to the Regulator, and will be permanently restricted from using this Application in any capacity. Jackpocket may also restrict any person or entity found to be using or attempting to be using the Application fraudulently, or with intent to commit fraud, disrupt the Application, or create harm to Jackpocket, its Users, or any third party.
Users can also unsubscribe from the Application. To unsubscribe from the Jackpocket Application and de-activate your Account, you will need to contact email@example.com. If you unsubscribe, your Withdrawable Credits will be converted to U.S. dollars and transferred to the User's eligible bank account and the Account will be deactivated. You will need to delete the Application to complete the process. Jackpocket is under no obligation to permanently delete any data.
5. Account Funding, Orders and Withdrawals
As detailed in Section 8, when there is a Winning Ticket with a prize value less than or equal to the In-Store Redemption Threshold, the User will be credited with Withdrawable Credits that may be converted on a 1:1 ratio to U.S. dollars and transferred to a User's eligible bank account.
Users may also have Non-Withdrawable Credits, which are Jackpocket Credits that may be spent on new Ticket orders using the Application, but which may not be converted to United States dollars or transferred to a User's eligible bank account. Any credits given to a User for any reason other than for a Winning Ticket will be Non-Withdrawable credits. This includes Account Funding, referrals, promotions, contests, compensation, and refunds.
Jackpocket may from time to time offer promo codes to be used in conjunction with the order of Tickets on the Application. Promo codes are valid for a limited time only and promo code discounts apply only to the qualifying items described in each promo code offer. Promo code offers will not be valid until applied to a qualifying item in your cart and promo code discounts will not apply until your order is complete. Each promo code is limited to one use per User and may not be combined with any other promotions. Jackpocket has no obligation for payment of any tax in conjunction with the distribution or use of any promo code, and Users are required to pay any applicable sales tax related to the use of any promo code. Jackpocket, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promo code at any time for any reason without prior notice to you. Promo codes are void where prohibited by law and only good while supplies last.
Jackpocket has implemented referral program where Users can refer new Users in exchange for Non-Withdrawable Credits. Any User that is referred must be a real and unique person and cannot have previously used the Application. Any such new User must meet the eligibility requirements set forth in these Terms of Service and must not have had an Account suspended or terminated by Jackpocket. For more information about the referral program, please refer to the page entitledhttps://jackpocket.helpshift.com.
Order of Tickets
If a User makes a new order for Tickets, Jackpocket will first apply any Non-Withdrawable Credits to the cost of the order. Next it will use Withdrawable Credits.
Refunds and Cancellations
All sales of single-play Tickets and Autoplay Tickets through the Application are final and are ineligible for refund or cancellation at any time. Jackpocket is expressly not responsible for any refunds on any orders placed from your Account, including but not limited to any orders you may claim were placed inadvertently or by mistake/accident. Please review your orders before you place them. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Tickets may be cancelled, we may refuse to honor all pending and future Ticket orders made with those credit card or bank accounts and/or via any Account associated with those credit card or bank accounts. We may also prohibit you from using the Application. Users of Accounts for which suspension escalates to account cancellation will be subject to forfeiture of prizes awarded for Winning Tickets to the appropriate Regulator and will be permanently prohibited from using this Application in any capacity. All remaining unplayed Jackpocket Credits will be forfeited to Jackpocket upon account cancellation. You shall have no recourse and Jackpocket shall have no liability as a result of any such cancellation. In the event of any Account suspension or termination, all provisions of these Terms of Service relating to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, please email to support@Jackpocket.com.
Withdrawable Credits may be withdrawn from an Account at any time. Withdrawable Credits can be withdrawn to a bank account and will usually take 3-5 business days to complete but may take longer due to unusual circumstances. If you do not receive your funds within 5 business days of your withdrawal request, please submit a claim to support@Jackpocket.com for additional assistance. In the event of the death of a Jackpocket User, all available Withdrawable Credits will be paid in accordance with these Terms of Service, to the Executor or similarly functioning representative under his/her last will and testament or, if there is no will, in accordance with the laws of the state of his/her legal residence. Jackpocket may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the Withdrawable Credits is entitled to them before paying such Withdrawable Credits.
Chargebacks/Insufficient Fund Charges
You are responsible for any and all bank and legal fees incurred by you or Jackpocket associated with your disputed charges and chargebacks or insufficient funds for orders or attempted orders made on the Application. Additionally, Jackpocket may charge you a fee in the event Jackpocket incurs any such bank or legal fees. You will be notified by e-mail of any chargebacks or fees and we may deduct same from your Account if your Account has sufficient Withdrawable Credits to cover these charges. If it does not, we will not allow further orders until these charges are paid with a valid form of payment. In Jackpocket's discretion, we may suspend or terminate your Account for overcharges or insufficient fund charges or notifications. Additionally, Jackpocket may withhold any present or future Withdrawable Credits in the event Jackpocket incurs any bank or legal fees associated with disputed charges and chargebacks or insufficient funds related to your Account.
Credit Card/Bank Information
It is important that your credit card and/or bank account information be accurate and complete at all times. If you receive a replacement credit card (for instance, following the loss of a card), please log-in to your Account and update your credit card information. Similarly, if you change banks, please promptly update your banking information by logging into your Account. In the event Jackpocket detects any potential fraud associated with your Account, including your credit card or bank account, Jackpocket may suspend or terminate your Account. Jackpocket reserves the right to cancel any Tickets ordered through an Account deemed to be associated with a fraudulent payment (such as a stolen credit card), including by forfeiture of any winnings you would have received that were ordered with a fraudulent payment or Account. Notwithstanding anything to the contrary herein, you may only fund your Account with a funding source that is owned by you.
Funding with a Bank Account
Each time you use the Application to fund your Account with a single transaction, you agree to the following: "I authorize Jackpocket to debit the account indicated for the amount noted on today's date. I will not dispute Jackpocket debiting my account, so long as the transaction corresponds to the terms in this online form and my agreement with Jackpocket."
You must ensure that your name on any Ticket order you place through the Application always matches your bank account name. The authorized bank account holder will be deemed the Ticket holder in the event of any dispute.
Funding with a Debit Card
If asked to enter the last 4 digits of your social security number you agree to the following: "I certify, under penalty of perjury that: 1) The Taxpayer Identification Number or Social Security Number I provided is correct; 2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3) I am a U.S. citizen or other U.S. person; and 4) The FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding."
You must ensure that your name on any Ticket order you place through the Application always matches your debit account name. The authorized debit account holder will be deemed the Ticket holder in the event of any dispute.
6. Jackpocket Application Services
Upon registering with Jackpocket, you will be able to utilize the Application to order official Tickets over the internet; sign-up for and order a subscription plan ("Autoplay"); log into your Account; view past Tickets and upcoming Tickets; manage your Account; and access other information related to the official state Lotteries.
7. Courier Model and Ticket Orders
- Jackpocket acts as the technology service provider as well as the digital courier working on the User's behalf. Jackpocket is not a retailer. Jackpocket is a software developer that provides downloadable mobile applications to Users. Via the Application, Users can order new Tickets from the retailer, determine whether their Tickets qualify for dollar winnings, view their dollar winnings, and use Jackpocket Credits to order new tickets. Jackpocket has an agreement with the retailer granting Jackpocket the right to act as the retailer's agent for payment of debts owed to the retailer by players playing the Lottery through purchases of Tickets offered by the retailer.
- When ordering a Ticket through Jackpocket, you are placing an order for a Ticket and not purchasing a Ticket directly. As a service provider and acting on your behalf, Jackpocket will fulfill that order through a licensed retailer in the Jurisdiction where the order was placed. Jackpocket is the retailer's authorized agent for accepting payment from Users.
- In connection with a Ticket order, Jackpocket receives funds from the User and transmits those funds to the retailer. Jackpocket also charges a service fee that will be presented to you when funding your account.
- Jackpocket will order your Ticket(s) from a licensed Lottery retailer in time for the Designated Drawing and will upload an image of your Ticket(s) to your Account. We abide by all state regulations to ensure that your request will be processed in time. No customer request for courier service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued Ticket. A Ticket, in order to be a validly issued Ticket, shall be generated by a Lottery terminal authorized by the applicable Regulator. A Ticket is not deemed validly issued when a request for order is made of a courier service, when such a request is acknowledged or when a courier customer makes a payment to a courier service. If there is anything incorrect with your Tickets please email us immediately at firstname.lastname@example.org. We will do our best to resolve your issue. Our mode of resolution is in Jackpocket's sole discretion. We will only refund the cost of the ticket in the event the error is caused by Jackpocket.
- If for any reason, Jackpocket is unable to purchase the Ticket you have ordered before the official Regulator cutoff time for the Designated Drawing, you will receive a full refund. In all circumstances, Jackpocket is NOT responsible for paying out prizes in the rare case that the Ticket was never purchased.
- The order of Tickets and right to any prizes on this Application is strictly limited to registered Users who are at least 18 years of age (or 21 where required in the applicable Jurisdiction).
- The authorized Account holder will be deemed the Ticket holder, You must ensure that the name on your Ticket order matches the name on your Account.
- Jackpocket imposes a daily funding and Ticket purchase limit per Account holder and may in its sole discretion change the daily funding or purchase limit on an individual basis. Users may also adjust their daily funding or purchase limit within the App or by contacting Customer Support (email@example.com).
- Jackpocket does not honor free Ticket promotions offered by the state Lotteries. For example, sometimes the state Lottery will offer a promotion stating that if you buy a ticket with five Drawing Entries for a given Lottery, you will get an additional quick pick for free. If you make an order with Jackpocket with five Drawing Entries, you will get the Drawing Entries you order, but you will not receive the additional quick pick.
New York Lottery : For those New York residents/visitors buying tickets for the New York Lottery games, we are required to disclose to you that the following terms of service requirements prior to the creation of an Account and before the placement of any order:
"Receipt is not a ticket. No interactive customer order constitutes evidence of a validly issued lottery ticket. A ticket, in order to be a validly issued ticket, shall be generated as set forth in subdivision (q) of section 5004.9 of this subchapter. Ticket Issuance. A draw game ticket is deemed validly issued at the time such ticket is generated by a lottery terminal authorized by the commission or when a registered ticketless transaction is effected and not when a request for order is made of a digital courier service or a ticket order is placed with an interactive sales agent."
By creating an account using the digital network of an interactive sales agent or of a digital courier service to place an order for lottery tickets, an interactive customer agrees:
- to be bound by the commission's regulations;
- to release and hold harmless the interactive sales agent or digital courier service licensee, the State, and the commission from any liability related to an order for tickets placed through the digital network that is not completed before the drawing cutoff and never results in the generation of the tickets ordered through the digital network; and
- that, in the event a dispute occurs as to whether a ticket generated to complete an order placed through a digital network would have been a winning ticket had the ticket purchase occurred and no prize is paid, the commission may, at the commission's option, replace the ticket with a ticket equal in value to the price paid for the ticket that is the subject of the dispute, which remedy shall be the sole and exclusive remedy of the claimant against the commission
Exclusions/Self-Exclusions. No Arrangements for Prohibited Persons/Excluded Persons. You acknowledge that Jackpocket is a United States company. As such, Jackpocket:
- Jackpocket reserves the right to prohibit certain "prohibited persons" that are government officials from using the app.
- Jackpocket reserves the right to prohibit any "excluded persons" that are listed on an applicable "exclusion list" from using the app.
- Persons who have executed and submitted to Jackpocket an appropriate request for voluntary self-exclusion from Ticket purchases or ordering digital currency services in accord with a state's voluntary self-exclusion program or Jackpocket's voluntary self-exclusion thereunder ("Voluntary Self-Exclusion") may not use the Application. Jackpocket is not liable for any access by or services provided to a self-excluded person's accessing the Application or creating an Account.
- As set forth and unless otherwise indicated in these Terms of Service, other persons are excluded from using the Application or creating an Account. Those persons include:
- Those under the age of 18 (or 21 where required in the applicable Jurisdiction);
- Jackpocket employees, officers and directors.
- Those who are not located in a Jurisdiction where Jackpocket can legally order Tickets.
- Those who do not meet the eligibility and verification requirements, including identification requirements.
- Those excluded by the applicable Regulator.
- Jackpocket, in its sole discretion, may exclude any person or entity from using its Application or opening an Account.
Other Parties. As set forth and unless otherwise indicated in these Terms of Service, other persons are excluded from using the Application or creating an Account. Those persons include those under the age of 18 (or 21 where required in the applicable Jurisdiction); employees, officers, directors, members, managers, investors, agents, and representatives of Jackpocket and any of its or their parent companies, subsidiaries, affiliates as well as direct technology vendors, content providers, component suppliers (both hardware and software) directly related to the Application, and each of their respective immediate family (defined as parents, spouse, partner, and children) and any person residing in the same household (but as noted above, such persons may, however, access the Application, and will from time-to-time do so for the purpose of testing the Application, including, without limitation, evaluating User experience, and other reasonable and fair uses at the sole discretion of Jackpocket); those who are not located in a Jurisdiction where Jackpocket can legally order Tickets or digital currency services on a User's behalf; those who do not meet the eligibility and verification requirements, including identification requirements; and those excluded by the applicable Regulator. Jackpocket may exclude any person or entity from using its Application or opening an Account in its sole discretion.
8. Winning Tickets and Prize Claiming
In connection with a Ticket redemption, Jackpocket transmits winnings to the User.
Once the drawing and prize results are in, Jackpocket will notify you in the Application and email you to let you know if your Ticket is a Winning Ticket. If it is a Winning Ticket and the prize value is less than or equal to the In-Store Redemption Threshold, Jackpocket will automatically credit your Account for the full prize value, as further described in Section (a) below. If a Winning Ticket has a prize value worth more than the In-Store Redemption Threshold, Jackpocket will arrange for delivery or pickup of the Winning Ticket to the User, as further described in Section (b) below. The User is responsible for all associated shipping costs, which may vary.
Prize claims made through this Application are subject to the prize payout rules and regulations set forth by the Regulator. Jackpocket may provide the Regulator with any User Personal Information required to process prize claims including, but not limited to, the full name, address and phone number listed in your Account.
Winning Tickets with prizes totaling less than or equal to the In-store Redemption Threshold. By using the Application you authorize Jackpocket to claim Winning Tickets with prize totals that are less than or equal to the In-Store Redemption Threshold in the Jurisdiction of purchase on your behalf at an authorized lottery retailer as soon as drawing results are posted. Neither Jackpocket nor the authorized retailers from which Jackpocket collects these prizes will withhold any applicable taxes on your behalf. Jackpocket will deposit the full prize value into your Jackpocket account in the form of Withdrawable Credits. These Withdrawable Credits and may be converted to U.S. dollars and transferred to an eligible checking or savings account in accordance with these Terms of Service. Users may also keep the Withdrawable Credits and use them towards future orders.
If the official prize for the Winning Ticket is a free Ticket for a separate drawing, then Jackpocket may either provide the User with the new Ticket OR credit the User with a Non-Withdrawable Credit equal to the purchase value that the new Ticket would cost if purchased.
You are ultimately responsible for paying any tax liability associated with claims made through this Application for Winning Tickets with prizes that are less than or equal to the In-Store Redemption Threshold in the state of purchase. The In-Store Redemption Threshold varies by Jurisdiction, but is typically around $600. Check your Regulator's official website for more information.
Winning Tickets with prizes greater than the In-store Redemption Threshold. Claims for Winning Tickets with prizes totaling more than the In-Store Redemption Threshold ("Jackpot") will, at your option, be delivered via certified mail or picked up by you at your expense. Such Winning Tickets are subject to approval by the Regulator and must be claimed directly from the Regulator either by mail or in person. Claiming rules vary by Jurisdiction. Check your Jurisdiction for more details. The Regulator may withhold taxes from prize distributions for Winning Tickets with claimed prizes totaling more than the In-Store Redemption Threshold. Jackpocket will not be liable for verifying the appropriateness or accuracy of taxes withheld from Users' claims, and Users are solely responsible for handling individual tax situations directly with the applicable Jurisdiction. Jackpocket will not be liable for any unclaimed prizes associated with Winning Tickets ordered through this Application for any reason.
Jackpocket requires, and you agree to present a government-issued identification in order to pick up a paper copy of any Winning Ticket associated with your Account. In the event you do pick up a Winning Ticket in person, you agree to take full possession and release Jackpocket from any responsibility for the Winning Ticket and any associated prize claims. In the event that Jackpocket mails you the Winning Ticket, you are responsible for paying for the shipping costs and Jackpocket is released from any responsibility as soon as the packaged Winning Ticket is put into the possession of the mail courier. You are responsible for ensuring the accuracy of your mailing address. At no time will Non-Winning Tickets or Winning Tickets with prizes totaling less than the In-Store Redemption Threshold be available for in-person pick up or mailing.
For winning and claiming of Pool Tickets ordered as part of a Lottery Pool, see Section 9 below.
Prohibition on Claiming Winning Tickets. You are prohibited from claiming, or attempting to claim, any Winning Tickets in any manner that is inconsistent with the terms of this Section 8. In the event you claim, or attempt to claim, any Winning Ticket in a manner that is inconsistent with this Section, you agree that Jackpocket will have no liability to you with respect to such Winning Ticket, including, without limitation, the obligation to deposit any Withdrawable Credits into your Account associated with such Winning Ticket. Additionally, in the event that you and Jackpocket both claim the prize for any Winning Ticket, Jackpocket has the right to immediately remove any associated Withdrawable Credits from your Account and suspend or terminate your Account. You shall indemnify, defend and hold harmless Jackpocket for any claims, losses, expenses and all other liabilities Jackpocket incurs as a result of your failure to comply with the terms in this Section.
9. Pools and Subscriptions
Users may elect to utilize this Application to participate in Lottery Pools, and may group Pool Tickets with other Users in any single Lottery Pool in order to share prizes, subject to the following terms and requirements:
- In order to participate in any Lottery Pool, a User must agree to Jackpocket's Pool Terms (which are described in this Section 9 and may be supplemented by additional terms available at the time a User creates or participates in a Lottery Pool) and Prize Sharing Agreement, available here: https://jackpocket.com/prize\_sharing\_agreement.
- In order to participate in a Public Lottery Pool, a User must be a member of a Private Group;
- In order to participate in a Private Lottery Pool, a User must be a member of a Private Group;
- Each Lottery Pool is for one specific Lottery and for one Designated Drawing. Lottery Pools may only be available for certain Lotteries. Check the Application to see which Lotteries are available for Lottery Pools.
- Winning Pool Tickets whose total prize value are less than or equal to In-Store Redemption Threshold will be redeemed by Jackpocket on behalf of the Users just as with Tickets that are not part of a Lottery Pool. The total value of all prizes that are won from Winning Pool Tickets in a Lottery Pool whose prize is less than the In-Store Redemption Threshold will be divided among the Pool Members in accordance with Jackpocket's Pool Terms and Prize Sharing Agreement.
- Winning Pool Tickets with a total prize value that is greater than the In-Store Redemption Threshold will be redeemed and divided among the Pool Members in accordance with Jackpocket's Pool Terms and Prize Sharing Agreement.
- Jackpocket in its sole discretion may rename any Private Group if we consider the name of Group to be offensive to other users of the Application.
10. Autoplay Subscriptions
Auto-Play Subscriptions. Any User may participate in Autoplay subscriptions, subject to the following terms and requirements:
- Autoplay subscriptions may only be available for certain Lotteries. Check the Application to see which Lotteries are available for Autoplay subscriptions.
- For each Autoplay subscription, the User must choose a number of Drawing Entries that will be played for each Designated Drawing. The User must also choose for their Drawing Entries to use pseudo-randomly generated numbers or to pick specific numbers. For some Lotteries a User may choose a multiplier. For some Lotteries a User may also choose a minimum jackpot threshold. If this value is set, Users will only be entered into a Designated Drawing if the jackpot value is greater than or equal to the minimum jackpot threshold. If the foregoing criteria are met, your Account is active and your Account has sufficient Available Funds to cover the cost of the order, an order will be placed on behalf of the User for the given Designated Drawing for the specified number of Drawing Entries. Jackpocket is not responsible for any failure to place any order related to an Autoplay subscription.
- Procedure for Winning Tickets that were ordered as part of an Autoplay subscription will be no different than that of ordinary Winning Tickets.
11. Quick Picks
Users may elect to utilize this Application to generate and/or order pseudo-random plays. By using Jackpocket, you understand and acknowledge that the Quick Pick randomization process is seeded by the timestamp of its initial generation request (as recorded by Jackpocket) and, as such, cannot be classified a "True Random Number" by definition. You further understand that Jackpocket cannot be held responsible for any of the pseudo-randomly generated Plays derived through this system.
12. Limited License to the Jackpocket Application
- License Grant. The Application and its contents, features and functionality, including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, "Content"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to these Terms of Service, the Company grants you a limited, non-exclusive and nontransferable license to (i) download, install and use the Jackpocket Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with these Terms of Service and (ii) access and use the services made available in or otherwise accessible through the Jackpocket Application strictly in accordance with these Terms of Service.
License Restrictions. You acknowledge and agree that you shall not:
- Copy the Application, except as expressly permitted by this license;
- Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or any of the Content on the Application;
- Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application or Content, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application or the Content thereon;
- Use the Application or the Content in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling; and
- Use the Application or Content in violation of these Terms of Service or applicable law.
Any such conduct may result in the immediate termination of your Account as well as your limited right and license to use the Application, and may subject you to liability for violations of law.
Reservation of Rights. You further acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Service, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms of Service. The Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.
From time to time, the Company may in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either (i) the Application will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Application or portions thereof may not properly operate should you fail to promptly download and install all Updates. You further agree that all Updates will be deemed part of the Application and be subject to these Terms of Service.
Mobile Device and Service Charges. Certain features of the Application require communication with the Company's servers, including, without limitation, Application downloads and Updates, which may consume and exceed your service provider's data or minute allowance limits. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of the Application, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your Mobile Device and to ensure that your Mobile Device meets the system requirements of the Application, including obtaining periodic updates or upgrades from your Mobile Device service provider to continue using the Application. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS THE APPLICATION.
Term and Termination. The term of your limited license to the Application commences when you download the Application and accept these Terms of Service and will continue in effect until the earlier of (i) your deletion of the Application from your Mobile Device or (ii) the Company's suspension or termination of your limited license to the Application and/or termination of your Account. Upon termination (i) all rights granted to you under these Terms of Service will also terminate and (ii) you must cease all use and delete all copies of the Application from your Mobile Device. Termination of your limited license will not limit any of the Company's rights or remedies at law or in equity.
13. Intellectual Property Rights
- Copyright Information and Non-Commercial Use Limitation. The Application and its Content are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.
14. Use Prohibitions
You agree to access and use this Application only for lawful reasons. You are responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of this Application. You are prohibited from using this Application in a way that:
- Is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Jackpocket deems in its sole discretion to be inappropriate for this Application or that seeks to interfere with other User's use or enjoyment of the Application;
- Violates any law, regulation, or court order;
- Accesses, collects or stores Personal Information about others;
- Violates or infringes upon the rights of anyone else, including, for example, another person's Right to privacy;
- Impersonates any person, business, entity, or IP address (e.g., IP spoofing);
- Involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
- Is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
- Gains or tries to gain unauthorized access to this Application, its computers and networks, or its User data, or that otherwise modifies or interferes with the use or operation of this Application;
- Imposes an unreasonable or disproportionately large load on Jackpocket's infrastructure, including but not limited to automating scripts for Account creation, transmitting spam or using unsolicited mass emailing techniques;
- Alters, damages, or deletes any content posted on this Application;
- Contains or introduces computer viruses or other disruptive, damaging or harmful files or programs;
- Uses the referral system to refer fake people.
Jackpocket will cooperate fully with any law enforcement officials and/or governmental agencies if requested or required in the investigation of any Users who violate these Terms of Service and may disclose your information to such law enforcement officials and/or agencies if required by law.
15. Comments and Other User Submissions/Use of Information
While Jackpocket does not claim ownership of any comments or suggestions that you may submit to Jackpocket, by submitting a comment or suggestion or any other material to this Application, you hereby authorize and grant Jackpocket the non-exclusive right and license to use, display, reproduce, modify and distribute the comment, suggestion or material in whole or in part, anywhere in perpetuity in any and all media outlets, whether alone or together, or as part of any material of any kind or nature. Without limiting any of the foregoing, Jackpocket will have the non-exclusive right and license to use, copy, edit, display, perform, distribute, modify and re-format the comment, suggestion or material in any manner that Jackpocket may determine. You waive any claims to compensation for any such right or license. By submitting a comment, suggestion or material, you represent and warrant to Jackpocket that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain, and that such comments, suggestions or materials do not infringe upon any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You should note that by using the Application, you grant Jackpocket the non-exclusive right and license to use your full name and details of the game(s) you won (including the winner amount and any reason you have stated to Jackpocket for why you chose your numbers) in the event Jackpocket chooses to publish (through the Application or otherwise) this information concerning your win(s) for promotional or other purposes. For instance, we may publish "Jack won $100 in Minnesota. Jack picked his numbers based upon family birthdates. Congrats Jack!" Further, Jackpocket may use your image, your full name, and details of the game(s) you played or won to promote Jackpocket on social media and in other media, on the Application or in any other medium, on the Internet or otherwise. Your use of the Application constitutes permission (except where prohibited by law) to use your name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, except as required by applicable law.
16. Disclaimers and Limitations of Liability
- Disclaimer of Liability. Jackpocket is not liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of your access to, use of, or inability to use, this Application or any material from this Application, including but not limited to damages caused by any failure of performance, interruption (including those disruptions described in Section 19 below), error, omission, deletion, defect, delay in operation or transmission, computer virus, security, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
- Disclaimer of Warranty. Without limiting the foregoing, this Application and the material provided on this Application are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY CLAIMS FOR DAMAGES WILL BE LIMITED TO THE PRICE OF EACH INTERNET TICKET ORDER VIA THIS APPLICATION OR THE VALUE OF A SINGLE INTERNET TICKET PLAYED AS PART OF A SUBSCRIPTION AUTO-PLAY TICKET ORDERED VIA THIS APPLICATION.
Disclaimer of Accuracy of Data. Jackpocket makes no warranties or representations as to the accuracy, completeness or timeliness of the materials, or content provided on this Application and assumes no liability or responsibility for any errors or omissions on this Application. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content. This disclaimer applies to both isolated and aggregate uses of the materials or content. If you find any errors or omissions, we encourage you to report them to support@Jackpocket.com. Jackpocket makes every effort possible to ensure that the winning numbers and prize amounts posted on this Application and highlighted on individual Tickets are accurate and available within a reasonable amount of time after winning numbers are drawn for each lottery drawing. However, in the event of an error, the winning numbers and prize amounts in the official records of the Regulator will stand as the final determination of prize monies owed to an Account.
By using this Application you hereby waive any claim against Jackpocket for, or in connection with, the receipt of erroneous information. Jackpocket takes numerous steps to ensure that the Plays requested on Ticket orders exactly match the Plays included on the tickets Jackpocket physically purchases from licensed state lottery retailers on your behalf. However, in the event of an error, the Plays included on the physical ticket purchased in relation to your Ticket order will stand as the final determination of prize monies owed to your Account. By using this Application you acknowledge that in the event of an error (caused by any means, including Jackpocket's error), Jackpocket is only liable for the purchase price of the Ticket.
Disclaimer of Endorsement. Jackpocket may from time to time distribute content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the opinion of Jackpocket and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Jackpocket.
17. Dispute Resolution and Indemnity
- Time Limit for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE APPLICATON OR ANY OF THE SERVICES PROVIDED BY JACKPOCKET OR THROUGH THE APPLICATION MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.
- Resolving Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Let's Try to Work Things Out. We want to address your concerns without litigation. Before filing a claim against Jackpocket, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Jackpocket may bring a formal arbitration proceeding as described below.
- We Both Agree to Arbitrate. You and Jackpocket agree to resolve through final and binding arbitration any claims relating to these Terms of Service, the Application, and any Tickets, prizes or other services offered on or through the Application, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Brooklyn, New York, and you and Jackpocket agree to submit to the personal jurisdiction of any or state or federal court in Brooklyn, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.
- Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to Jackpocket that must be postmarked within 30 days of your first acceptance of these Terms of Service. The letter must specify your first and last names, Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to email@example.com
- Arbitration Procedures. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the "JAMS Rules") and under the rules set forth in these Terms of Service. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
- Arbitration and Attorney's Fees. Jackpocket will pay all arbitration fees for claims less than $25,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Jackpocket is otherwise specifically required to pay such fees under applicable law. For claims that total more than $25,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Jackpocket and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Jackpocket and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, Jackpocket and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Jackpocket and you understand that, absent this mandatory arbitration provision, Jackpocket and you would have the right to sue in court and have a jury trial. Jackpocket and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Jackpocket is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Jackpocket.
- Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Jackpocket and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Jackpocket to the extent that any such claims arise out of your access to, and/or use of the Application, and/or the provision of services and/or technology on or through the Application.
- Exceptions to Agreement to Arbitrate. Either you or Jackpocket may assert claims, if they qualify, in small claims court in Brooklyn, New York, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- No Class Actions. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
- BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST JACKPOCKET AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION IN ANY WAY.
- Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Jackpocket agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Brooklyn, New York. Both you and Jackpocket consent to venue and personal jurisdiction there.
- Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the state of New York governs these Terms of Service and any claim or dispute that you may have against us, without regard to New York's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
- . Indemnification. You agree to defend, indemnify and hold harmless Jackpocket from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, any use of the Application's Content and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Application. If you are obligated to provide indemnification hereunder, the Company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the Company's written consent. If you are obligated to provide indemnification hereunder, the Company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.
18. General Terms
- Internet Privacy and Security. Due to the design of the Internet, Jackpocket cannot guarantee that communications between you and Jackpocket will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms of Service, you expressly agree that your use of this Application is at your sole risk, and you agree that Jackpocket shall not be liable if a security breach occurs, or if this Application malfunctions, except as required by law.
- Tax Obligation. You acknowledge that you are responsible to report your income and pay any taxes due to the appropriate federal, state and local authorities in the United States of America and in the country you reside. You further acknowledge that an applicable Lottery organization may retain a portion of your winnings and forward it to the appropriate taxing authority on your behalf.
- Electronic Signatures. The Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7031 requires that you consent to entering into an electronic agreement with the Company before the agreement is executed and becomes effective. Should you enter into an online user agreement with the Company, you will not be required to submit a paper application/agreement. The entire agreement between you and the Company will be evidenced by an electronic record. You must agree to the use of an electronic record and agree to read and understand these Terms of Service. After creating an Account and becoming a registered User of the Application, you have the right to withdraw your consent to the use of an electronic record. However, should you do so, your Account with the Company will automatically be terminated and you will lose all rights to all remuneration on any subsequent winnings. Should you wish to withdraw your consent to the exclusive use of an electronic agreement, you must do so by cancelling your Account and sending an e-mail to support@Jackpocket.com. Your request must include your name, your mailing address, and e-mail address.
- Reliance on Information Posted and Third Party Links. The information presented on or through the Application is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. This Application may contain links to third party applications. These links are provided solely as a convenience to you. If you click on any of these links, you will leave this Application. Jackpocket does not control, and is not responsible for, any third party applications or their content. Therefore, Jackpocket does not endorse or make any representations about third party applications, or any information, products, or materials found there. If you access any of the third party applications linked to this Application, you do so entirely at your own risk.
- Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- The Company may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, the Company may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms of Service without the Company's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
- Relationship of Parties. You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of these Terms of Service or your use of the Application. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of the Company and the Company shall not be liable for any of your representations, acts, or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries.
19. Potential Disruption of the Application
Access to this Application may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:
- Scheduled daily maintenance;
- Emergency (unscheduled) maintenance;
- Hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections, and other electronic and mechanical equipment;
- Software failure, including but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses, strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of power supplies or other utility or service (including the Internet or other networks) (each, a "Force Majeure Event"); and
- Other similar disruptions. Jackpocket may discontinue, suspend or Update the Application at any time without notice. Jackpocket shall not be liable for any failure to perform or disruption of the Application due to such discontinuance, suspension or Update.
20. Entire Agreement
© 2019 Jackpocket, Inc.