Jackpocket Inc. Terms of Service
Last Modified: January 25, 2016
These terms and conditions ("Terms of Service") govern your, and any entity you represent (collectively, “you” or “your”), use of the Application (as defined below) as provided Jackpocket. 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 on this Application.
You do not purchase Tickets from Jackpocket. When you use the Application to purchase a Ticket, you purchase that ticket directly from the Retailer. Jackpocket is the Retailer’s authorized agent for accepting payment from Users. Users pay Jackpocket, which then pays the Retailer. Payment to Jackpocket is deemed payment to the Retailer. So long as you complete a payment to Jackpocket, the Retailer deems that payment made, even if Jackpocket fails to pay the Retailer.
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, DO NOT ACCESS OR USE THE SERVICE.
I. Defined Terms
For the purpose of these Terms of Service:
a. "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;
b. "Available Funds" means any Jackpocket Credits in an Account which have not been used to order Tickets through this Application or withdrawn to a bank account;
c. "Drawing Entry" means any set of numbers that constitute a single drawing entry on a Ticket;
d. “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.
e. "Jackpocket", “we” and “us” means Jackpocket, Inc., including its agents, contractors, and any parties involved in creating, producing, or delivering this Application;
f. "Jackpocket Credits" means any funds in a user’s Jackpocket account. Credits are added when a user wins an amount less than or equal to the Redemption Threshold. Credits may be added to a user’s account by Jackpocket for promotional or compensation purposes as well.
g. “Lottery” means an official lottery game (e.g. Powerball)
h. "Lottery Pool" means any group of Tickets ordered by individual Users for which prizes will be shared;
i. "Non-Winning Ticket" means any Ticket with prizes equal to $0 after prize values are announced;
j. “Non-withdrawable credits” means any Jackpocket credits that are not available for withdrawal to a bank account. 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.
k. "Withdrawable credits" means any Jackpocket credits that are available for withdrawal to a bank account. Any credits that are applied as a result of winning lottery prizes will be withdrawable unless the official prize is a free lottery ticket in which case the credit will be non-withdrawable.
l. "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;
m. "Pool Creator" means any User that creates a Lottery Pool;
n. "Pool Member" means any User that contributes a Ticket to a Lottery Pool;
o. "Pool Ticket" means any Ticket contributed to a Lottery Pool;
p. "Quick Pick" means any pseudorandomly-generated Number Set;
q. “Regulator” means the organization that regulates the lottery in a given jurisdiction (e.g. The New York Lottery)
r. "Ticket" means any lottery ticket entered into a single drawing;
s. "User" means any person or entity that opens and maintains an Account on this Application;
t. "Winning Ticket" means any Ticket that wins a prize;
u. "You" and “your” means each person, group of individuals, entity or entities who visits this Application for any purpose.
II. User Agreement
By accessing the Application, creating an account via the Application (an “Account”), accessing the downloading or clicking to accept or agree to these Terms of Service when this option is made available to you, you hereby (i) acknowledge that you have read and agree to be bound to and abide by these Terms of Service and (ii) represent and warrant that you are eligible to access the Jackpocket application and are authorized and able to accept these Terms of Service. If you do not wish to be bound by these Terms of Service, you must not access or use the Application. By declining to accept these Terms of Service, you will be unable to create an Account or access or use the Application.
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 addresses 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 support@Jackpocket.com. Your continued use of the Application following such material changes requires 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 support@Jackpocket.com. We will automatically deactivate your Account and return any funds remaining in your Account, 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, (i) be at least 18 years of age; (ii) 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); (iii) not be a person barred from using the Application, or an similar lotto service, under the laws of any Jurisdiction or the United States, and (iv) at all times abide by these Terms of Service as set forth herein. 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, 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.
Employees, officers, directors, members, managers, investors, agents, and representatives of the Company 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 are not eligible to use the Application. 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 the Company.
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 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. We do not intend for the Application to be used by persons present in Jurisdictions in which participation may be 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.
IV. User Accounts
b. Secrecy Obligation. Access to, and use of your Account is strictly limited to you as the registered user of your Account. Accordingly, it is your responsibility to keep your Login Credentials strictly confidential. If you fail to keep your Login Credentials secret and confidential, you are responsible for any charges, costs, expenses, damages, liabilities and losses incurred by you and Jackpocket. 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. Providing prompt notice to Jackpocket may limit your liability for such fraudulent or unauthorized transactions.
c. One (1) Account/No Transfer of an Account. Only one (1) Account is allowed per person. 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 Lottery tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof).
Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the legal age to use the Application, and in no event any person under the age of thirteen (13), to use or re-use your Account 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 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 Lottery 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.
d. 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.
e. Account Termination/Unsubscribe from the Application. 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;
Violation or suspected violation of this agreement or any applicable regulations, state or federal laws; or
Any other reason as set forth in the Terms of Service.
In the event of Account suspension, Jackpocket may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, deposits and withdrawals. Registered Users of Accounts for which suspension escalates to account termination will be subject to Prize Fund forfeiture back to the Regulator, and will be permanently restricted from using this Application in any capacity. 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 Account will be cashed out and de-activated. You will need to delete the app to complete the process. Jackpocket is under no obligation to permantly delete any data.
V. Account Funding, Orders and Withdrawals
a. Jackpot Credits and Account Funding.
i. Withdrawable Credits
(1) Winnings. As detailed in Section VIII, 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 Jackpocket credits that may be withdrawn to a bank account.
ii. Non-withdrawable Credits. Users may also have Non-withdrawable credits, which are credits that may be spent on new lottery ticket orders, but which may not be withdrawn to a bank account. Any credits given to a user for any reason other than for a winning lottery ticket will be Non-withdrawable credits. This includes referrals, promotions, contests, compensation, and refunds.
(1) Promo Codes. 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 the 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.
(2) Referral Program. Jackpocket has a 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.
b. Order of Tickets. If a user makes a new order for lottery tickets, Jackpocket will first apply any non-withdrawable Jackpocket credits to the cost of the order. Next it will use withdrawable credits. And finally if the total Jackpocket credits balance is not enough to cover the transaction, Jackpocket will charge the default payment card on file.
c. Refunds and Cancellations.
All sales of single-play Tickets and Auto-play Subscription Tickets on this Application are final, and are ineligible for refund or cancellation at any time. Auto-play Subscription orders charged to a User’s credit card are also strictly non-refundable.
Registered Users of Accounts for which suspension escalates to account cancellation will be subject to Prize Credits forfeiture to the appropriate Regulator, and will be permanently restricted from using this Application in any capacity. All remaining Unplayed 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 warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, you can send an email to support@Jackpocket.com.
Prize Funds may be withdrawn from an Account at any time for a fee. 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 Prize 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 Account Funds will be paid in accordance with these Terms of Service and 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.
VI. Jackpocket Application Services
Upon registering with Jackpocket, you will be able to utilize this Application to order official lottery tickets over the internet; sign-up for and order a subscription plan ("Player Subscription"); log into your Account; view past tickets and upcoming tickets; manage your Account; and access other information related to the official state lotteries.
VII Courier Model and Ticket Orders
a. 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 mobile application, Users can purchase new lottery tickets from the Retailer, determine whether their lottery tickets qualify for dollar winnings, view their dollar winnings, and use winnings to purchase 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.
b. You do not purchase Tickets from Jackpocket. When you use the Application to purchase a Ticket, you purchase that ticket directly from the Retailer. Jackpocket is the Retailer’s authorized agent for accepting payment from Users. Users pay Jackpocket, which then pays the Retailer. Payment to Jackpocket is deemed payment to the Retailer. So long as you complete a payment to Jackpocket, the Retailer deems that payment made, even if Jackpocket fails to pay the Retailer.
c. The official retailer Jackpocket uses varies by state and is as follows:
New York: The Retailer is Mitchlapel LLC, a New York limited liability company doing business through a brick-and-mortar convenience store located within the geographic borders of New York State. The Retailer sells New York State lottery tickets to Users under license from the New York Gaming Commission and the New York Lottery.
d. In connection with a ticket purchase, Jackpocket receives funds from the User and transmits those funds to the Retailer.
e. If for any reason, Jackpocket is unable to purchase the ticket you have ordered before the official Regulator cutoff time for the specified drawing, you will receive a full refund. Jackpocket is NOT responsible for paying out prizes in the rare case that the ticket was never purchased.
f. The order of tickets and withdrawal of prizes on this Application is strictly limited to registered Users who are at least 18 years of age.
g. 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 games for a given lottery, you will get an additional quick pick for free. If you make an order with five games, you will get the games you order, but you will not receive the additional quick pick.
VIII. 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 let you know if your ticket is a winner. If it is a winner and the prize value is less than or equal to the In-Store Redemption Threshold, Jackpocket will automatically credit your Jackpocket 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 ticket to the user, as further described in Section b below. The user is responsible for shipping costs for all winnings, 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.
a. Tickets with prizes totaling less than or equal to the In-store Redemption Threshold. By using this Application you authorize Jackpocket to claim tickets with prize totals that are less than or equal to the In-Store Redemption Threshold in the state 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 Jackpocket credits. These are Withdrawable Jackpocket Credits and may be withdrawn to a checking or savings account for a $0.20 fee. Users may also keep the credits and use them towards future orders.
i. If the official prize for the lottery ticket is a free lottery ticket, 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 tickets with prizes that are less than or equal to the In-Store Redemption Threshold in the state or purchase. The In-Store Redemption Threshold varies by state, but is typically around $600. Check your Regulator’s official website for more information.
b. Tickets with prizes greater than the In-store Redemption Threshold (“Jackpot”). Claims for Tickets with prizes totaling more than the In-Store Redemption Threshold will be delivered to you or picked up by you at your expense. Such 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 state. Check your state for more details. The Regulator may withhold taxes from prize distributions for 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 their state. Jackpocket will not be liable for any unclaimed prizes associated with 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 ticket, you are responsible for paying for the shipping costs and Jackpocket is released from any responsibility as soon as the packaged ticket is put into the possession of the mail courier. At no time will Non-Winning Tickets or tickets with prizes totaling less than the In-Store Redemption Threshold be available for in-person pick up.
For winning and claiming of tickets ordered as part of a lottery pool, see Pools sections below.
IX. Pools and Subscriptions
a. Pools. Users may elect to utilize this Application to participate in Lottery Pools, and may group tickets with other users in any single Lottery Pool in order to share prizes, subject to the following terms and requirements:
i. In order to participate in a pool, a user must connect through Facebook. Any user who is connected through Facebook may create a new pool or join an existing available pool. An existing pool will only be available for a given user if the user has at least one Facebook friend that is already in the pool.
ii. Each pool is for one specific lottery and for one specific drawing. The Pool Creator will choose both. The Pool Creator will also name the pool and choose the number of games that each Pool Member must play. Pools may only be available for certain lotteries. Check the Application to see which lotteries are available for pool play.
iii. Winning tickets whose total prize value are less than or equal to In-Store Redemption Threshold, that are part of a pool, will be redeemed by Jackpocket on behalf of the users just as with tickets that are not part of a pool. The total value of all prizes that are won from tickets in a lottery pool whose prize is less than the In-Store Redemption Threshold will be divided equally among all members. Each remainder cent will then be given out in the order in which each member joined the pool with the Pool Creator receiving the first remainder cent.
iv. Winning tickets with a total prize value that is greater than the In-Store Redemption Threshold and that are part of a pool, must adhere to the following:
(1) If the number of members in the pool is less than or equal to the maximum number of shares the Regulator will split the prize into, the prize will be split by the Regulator. In this case, each pool member must provide Jackpocket with a notarized letter granting Jackpocket permission to claim the prize on their behalf. Each pool member will also need to provide their social security number and address in order to receive their share of the prize. Jackpocket will then bring the letters and information for all members 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. The individual pool member is responsible for paying any taxes that are required.
(2) If the number of members in the pool exceeds the maximum number of shares that the Regulator will split the prize into, the prize will be claimed by an LLC that is owned by Jackpocket. Jackpocket will then disburse the funds to the individual pool members accordingly. By participating in a pool, you grant Jackpocket and its subsidiaries the right to claim prizes on your behalf and disburse the funds. In this case, taxes will be withheld. It is the responsibility of the individual pool member to do their taxes according to regulations in their jurisdiction.
b. Auto-Play Subscriptions. Any user may participate in auto-play subscriptions, subject to the following terms and requirements:
i. Auto-play subscriptions may only be available for certain lotteries. Check the Application to see which lotteries are available for auto-play subscriptions.
ii. Each user may only enroll in one auto-play subscription per available lottery. For each auto-play subscription, the user must choose a number of games that will be played for each drawing. For some lotteries, you may also choose a Minimum Jackpot Threshold. If this value is set, you will only be entered into a drawing if the jackpot value is greater than or equal to this value. If the criteria are met, an order will be placed on behalf of the user for the given drawing for the specified number of games.
iii. Procedure for winning tickets that were ordered as part of an auto-play subscription will be no different than that of ordinary tickets.
X. Quick Picks
Users may elect to utilize this Application to generate and/or order pseudo-random number sets. By using Jackpocket, you understand and acknowledge that the Quick Pick randomization process is seeded by the timestamp of its initial generation request and, as such, cannot be classified a "True Random Number" by definition, and that Jackpocket cannot be held responsible for any of the pseudo-randomly generated number sets derived through this system.
XI. Limited License to the Jackpocket Application
a. 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.
b. 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; or
- 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.
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 the Application, and may subject you to liability for violations of law.
c. 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.
d. Updates. 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.
e. 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.
f. 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 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.
XII. Intellectual Property Rights
a. 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.
b. Trademarks. 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.
c. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without authorization and is available within the Application in a way that may constitute copyright infringement, the individual may provide notice of their claim to the Company’s designated agent listed below. For the notice to be effective, it must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. A description of the copyrighted work that is claim to have been infringed;
iii. A description of where the allegedly infringing material is located within the Application;
iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
v. A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Jackpocket, Inc.’s designated agent can be reached at firstname.lastname@example.org
The Company’s designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Application. All other inquires to the designated agent will not be answered.
XIII. 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;
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; or
Uses the referral system to refer fake people.
Jackpocket will cooperate fully with any law enforcement officials and/or 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.
XIV. 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, 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.
XV. Disclaimers and Limitations of Liability
a. 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 XII 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.
b. 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.
c. 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 also makes every effort possible to ensure that the Number Set requested on Ticket orders exactly match the Number Set included on the tickets Jackpocket physically purchases from licensed state lottery retailers on your behalf. However, in the event of an error, the Number Set included on the physical ticket purchased in relation to your Internet 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, Jackpocket is only liable for the purchase price of the Ticket.
d. 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.
XVI. 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”); or
- 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.
XVII. General Provisions
a. Applicable Law. Any dispute arising out of your use of this Application or material or content from this Application shall be resolved according to the laws of the state of the Regulator, United States of America. The federal and state courts of the Regulator shall have exclusive jurisdiction over all claims. b. 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. c. 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. d. 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. e. 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. f. 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. g. 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. h. Assignment. 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. i. 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.
XVIII. Entire Agreement