A. Overview of the Ohio Lottery MyLotto Rewards® Program
The Ohio Lottery MyLotto Rewards Program (the "Program") is a Loyalty Lottery program sponsored by the Ohio Lottery Commission through which individuals (“Participants”) can collect points (“Points”) by submitting non-winning tickets and by performing actions on the site. Participants can then visit http://www.ohiolottery.com (the “Web Site”) to have their accounts credited with the Points they have collected. Participants may use their Points to participate in drawings, , and catalog purchases. The Program is administered by Marcus Thomas, LLC..
B. Participation in the Program
1. The Program is void where prohibited by law. Open to legal residents of the United States who are at least eighteen (18) years of age or older. Ohio residents will have full functionality and unlimited access to the club. Non-Ohio residents will have access to enter non-winning tickets, participate in second chance promotions, can be awarded participation points and will have access to the catalog to redeem points.
2. The following individuals are NOT eligible to participate in the Program: (a) employees of Marcus Thomas, LLC (b) employees of the Ohio Lottery Commission (“Sponsor”); (c) employees of Sponsor’s affiliates, subsidiaries, partners, advertising and promotion agencies; (d) employees of any other person or entity involved in the development, administration, or execution of the Program; and (e) the immediate family members (parent, child, sibling and/or spouse of each) and/or those living in the same household as persons set forth in items (a) through (d) above.
3. Participation in the Program constitutes each Participant's full and unconditional agreement to these Club Procedures and theTerms & Conditions of this website, and representation that Participant meets the eligibility requirements set out therein. . Those who do not comply with the Terms & Conditions and these Club Procedures may be prohibited from participating in the Program.
C. Modification and Termination of the Program
1. By participating in the Program, Participants hereby agree that Sponsor may modify any of the Terms & Conditions and these Club Procedures governing the Program at any time (including, without limitation, these Club Procedures and theTerms & Conditions), with or without notice, even though these changes may affect a Participant's ability to use accumulated Points.
2. A Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Club Procedures and the Terms & Conditions.
D. Collecting Points
1. Registration. To enroll a Participant must click on the "Register" button on the top of the page and follow the onscreen instructions to create a MyLotto Rewards account ("Account") or log-in using an existing MyLotto Rewards Account. An individual must have a unique valid e-mail address to create an account. Limit one (1) Account per person. Limit one (1) account per e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant. Once Participants register their existing Account or register for a new Account, they will be enrolled in the Program. The number of Points collected by such Participant will be recorded and tracked in the Participant’s Account.
2. Activity Points. Participants will be able to earn points by participating in pre-defined activities. Activities and correlated points earned can be found on the My Account page.
3. Unique Codes. Each Instant Ticket will contain a three (3) digit game code which appears on the front lower corner of the Ticket and an eight (8) digit VIRN security code which appears under the scratch-off portion of the Ticket. Each Draw Games Ticket will contain a nineteen (19) digit numerical code which appears on the lower front center of the ticket. Collect the Codes from Instant Tickets and/or Draw Games Tickets during the Program Period, or other methods determined by Sponsor during the Program Period. For each set of unique Codes entered from a single Instant Ticket and/or Draw Games Ticket, Participants will automatically receive Points corresponding to the Codes entered. Participants will receive the number of Points for each Ticket purchased and for which the Codes are recorded on the Web Site during the Program Period. Instant tickets will earn rewards on a 1 to 1 ratio meaning a $5 ticket will result in five (5) points, and a $1 ticket will result in (1) point. Draw game tickets will earn five (5) points, regardless of the value of the ticket. During promotional periods, bonus points may be awarded for entries. Limit: Each Participant is limited to earning 1200 points per month during the Program Period. For purposes of this Program a “month” shall be 12:00 a.m. ET on the first day of the month through 11:59 p.m. ET on the last day of the month. Sponsor reserves the right to change the number of Points awarded for Tickets purchased at any time during the Program, and the right to change, add, or remove the methods by which Participants can collect Points.
4. Participant Accounts. Sponsor will attempt to credit Participant Accounts with Points on a timely basis. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within five (5) days of the date of claimed accrual of such Points. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Accounts. Sponsor reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants, in order to assure compliance with these Club Procedures. Participants are responsible for maintaining the confidentiality of their Accounts and passwords and for restricting access to their computers and activity on their Account, and Participants agree to accept responsibility for all activities that occur under their Accounts or passwords. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Account for any reason deemed necessary by Sponsor; including but not limited to, Participant engaging in fraudulent activity in connection with the Program. Participation in the Program is subject to these Club Proceudres and the Terms & Conditions, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Club Procedures and the Terms & Conditions or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date and any other benefits earned in connection therewith, in Sponsor's sole discretion.
5. Illegible Codes. If a Participant cannot read a Code or a Code is destroyed when scratching off a Ticket, Participant must send an email to Customer Service using the Contact Us link on www.ohiolottery.com. Customer Service will provide Participant with instructions on how to proceed. Sponsor may require proof of illegible codes, not limited to submission of the Tickets for all damaged Codes.
6. No Cash Value or Transferability. Points do not constitute property, do not entitle a Participant a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale of Points is strictly prohibited. Any Points remaining in a Participant’s Account at the end of the Program Period will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, or extensions of the Program beyond the Program Period, unless otherwise determined by Sponsor in its sole and absolute discretion. Points provided under the MyLotto Rewards Program, in accordance with the Terms and Conditions and Club Procedures, are provided by the Sponsor free of charge to Particpants. These points may be used only for participation in the MyLotto Rewards Program.
7. Code Verification. Sponsor reserves the right to require proof, including, but not limited to, the Ticket. Sponsor’s decisions regarding the awarding of Points are final and binding. Validated Codes that are subsequently determined to be invalid for any reason are subject to disqualification and the corresponding Points will be removed from the Participant’s Account to which the invalid Points were credited.
E. Redeeming Points
1. A Participant may visit the Web Site to redeem Points for entries/plays in the drawings and merchandise (“Rewards”) offered in the Rewards Catalog.
2.A Participant may begin using Points for Rewards in the Rewards Catalog beginning August 27, 2014.
3. To spend/redeem your Points, click on the "Redemption Central" tab and follow the links and instructions to browse through the Drawings or Catalog. Once Participant has located a Reward he or she would like to enter/play, he or she can redeem Points by clicking on the link for the particular Reward while located in the state of Ohio and checking the corresponding check-box which indicates that he or she has read and agrees to comply with the official Terms & Conditions governing the applicable Reward. Participant will receive confirmation that he or she will receive merchandise or has received an entry into the drawing and the associated Points will be deducted from his/her Account.
4. Sponsor reserves the right to modify the list of drawings and catalog items available , as well as their corresponding Point values, at any time for any reason.
5. Sponsor reserves the right to substitute prizes for those of equal or greater value. Cash will not be awarded in lieu of prizes.
6. Prizes may be subject to federal and state taxes. Marcus Thomas will withhold required applicable minimum taxes and issue withholding forms for taxable prize amounts.
7. The total number of Points a Participant can use on Rewards is the number of Points he or she has available in his/her Account.
8. All Point redemptions for Rewards from Redemption Central are final and the Points will be deducted immediately from Participant's Account.
9. Any Points remaining in a Participant's Account which has remained inactive for a period of one (1) year or more will be forfeited without compensation. Failure to either credit Points to an Account or redeem points from an Account constitutes inactivity for purposes of this condition.
10. Any Points remaining in a Participant's Account at the end of the Program Period will be forfeited without compensation. The Points have no cash value and are only redeemable for offered Rewards via the Program.
F. General Terms and Conditions
1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Club Procedures and the Terms & Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Club Procedures and the Terms & Conditions shall not constitute a waiver of that, or any other, provision.
3. The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.
4. All questions or disputes regarding eligibility for the Program, the availability of drawings or a Participant’s compliance with these Club Procedures will be resolved by Sponsor in its sole discretion.
5. Neither Sponsor nor Marcus Thomas, LLC is responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
6. Participants are responsible for the payment of all taxes which may result from participation in the Program.
7. Participants are responsible for maintaining updated contact information in the My Profile area of the Web Site. The information provided is to include legal name, current valid address, and phone numbers. Failure to keep profile information updated may result in forfeiture of prizes.
8. Limit two unique accounts per household. More than two accounts per household may forfeit eligibility.
9. Sponsor reserves the right to request valid identification from participants, including but not limited to, a notarized copy of valid state or federal government issued identification.
10.The Program is subject to all applicable laws and regulations.
G. Limitation of Liability
1. Marcus Thomas, LLC, Sponsor, and their respective parent companies, affiliates, subsidiaries, and promotional and advertising agencies are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided at the Web Site and Participants will be advised to hold Codes until such time that the Program, as originally intended, may be resumed.
2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Marcus Thomas, LLC, Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, Commissioners, employees, members, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MARCUS THOMAS, LLC, SPONSOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, COMMISSIONERS, EMPLOYEES, MEMBERS, AGENTS, FRANCHISEES, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY DRAWING EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF MARCUS THOMAS, LLC. IMPROPERLY DENIES A PARTICIPANT ANY ENTRY/PLAY, LIABILITY WILL BE LIMITED TO ANOTHER ENTRY/PLAY IN A DRAWING IF TIME PERMITS. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
4. Marcus Thomas, LLC, Sponsor and their respective officers, directors, Commissioners, employees, members, agents, franchisees, successors assigns, and service providers, are not responsible for any products or services offered on the Web Site. TO THE FULLEST EXTENT ALLOWABLE BY LAW, MARCUS THOMAS, LLC. AND SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
5. This special promotion shall in no way alter the current Terms & Conditions, regulations, and directives pertaining to lottery tickets except as provided herein. By participating in this special promotion, lottery retailers and players enter into a contract with the Ohio Lottery Commission. All tickets, transactions, and claims are subject to the laws of the State of Ohio, these Club Procedures and the Terms & Conditions, regulations and directives of the Lottery, and any changes thereto. All decisions made by the Commissioner including the declaration of prizes and payment thereof shall be final and binding on every person making a claim in respect thereof.
6. If any provision of these Club Procedures is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Club Procedures, which will otherwise remain in full force and effect.