TERMS & CONDITIONS - MLC GRAND PRIZE PROMOTIONAL DRAWINGS PROGRAM
June 19, 2020
PLEASE READ CAREFULLY. By using this website, you agree to all Terms and Conditions, Mississippi laws, and administrative rules governing the Mississippi Lottery Corporation, its website, and its 2 nd Chance Promotional Drawings.
A. OVERVIEW OF MISSISSIPPI LOTTERY'S 2nd CHANCE PROMOTIONAL DRAWINGS
The 2nd Chance Promotional Drawing is a player loyalty program offered by the Mississippi Lottery Corporation (hereinafter referred to as the "Lottery"), where persons who qualify may register to become a member and participate in those promotional drawings offered by the Lottery through its website.
Information related to the 2nd Chance Promotion Drawings can be found on the Lottery's website at www.mslotteryhome.com. A person 21 years of age or older may register at the website for a free membership. Only registered members may access and participate in the promotion.
B. ELIGIBILITY TO PARTICIPATE IN THE PROMOTION
1. Natural Persons: Membership is open only to a natural person who is at least 21 years of age or older. The Lottery may, at any time, require proof of age.
2. Member Registration: To participate in the promotion, a person must register. To register, a person must electronically complete and submit a membership application that includes the person's name, physical address, e-mail address, and any other information required by the Lottery. A person may register for and have only one active member account.
3. Ineligible Persons: The following individuals are NOT eligible for membership and may not register, win, or claim a 2 nd Chance Promotional Drawing prize in the Program:
a. A director, officer, employee or representative of the Lottery, or any spouse, child, brother, sister, or parent thereof residing in the same household as the foregoing.
b. A Lottery Vendor or Retailer or any spouse, child, brother, sister or parent residing in the same household as the foregoing.
c. Any Person found to be in violation of any of these Terms and Conditions.
4. Acceptance of Terms and Conditions: Acceptance of these Terms and Conditions occurs when a valid registration is submitted for membership. Participation in the promotion and use of the website constitutes each member's full and unconditional agreement to the Terms and Conditions Agreement.
5. Disqualification: A person who is not eligible or who does not comply with these Terms and Conditions will be excluded from participating in the promotion. If the Lottery determines a person is ineligible, it may deny or block enrollment by that person in the promotion and may close any existing member account(s) of that person.
6. Applicable Laws and Rules: Participation in the Program and use of the website, including but not limited to all 2nd Chance Promotional Drawings, is subject to applicable state and federal laws and administrative rules including, but not limited to the Alyce G. Clarke Mississippi Lottery Law and Section 9.5 of Chapter 9, Instant Ticket Game Rules, Mississippi Lottery Corporation Administrative Regulations. Changes to applicable laws, administrative rules, and these Terms and Conditions are subject to change without notice and participation is subject to the most current laws, administrative rules, and Terms and Conditions in effect at the time. In the event of a conflict between these Terms and Conditions, including any special terms or conditions for specific promotional activities or events as posted on the website, and the Mississippi statutes and administrative rules, the statutes, and rules control.
7. Disclosure of Winners: In accordance with the Alyce G. Clarke Mississippi Lottery Law, the Mississippi Lottery Corporation will not disclose the identity of the person holding a winning lottery ticket without that person's written permission.
C. MEMBER ACCOUNTS
Upon registration at the website, the Lottery will establish a member account which is subject to the following:
1. Limit on Accounts: A person may register for and have only one active member account. Violations of this limitation by any member can result in Immediate Termination of that members account(s) and the member will be ineligible to participate, register, win, or claim a 2 nd Chance Promotional Drawing prize in the Program.
2. Active Account Status: An active account means a member has logged into the account through the website at least once in the period covering January 1 - December 31 of each calendar year. Failure to log into an account and maintain an active account status may result in involuntary closure of that account.
3. Voluntary Closure of Account: A member may voluntarily close their account at any time by submitting a request to the Lottery to close the account. As of the date and time that the Lottery receives the request, the account is considered closed. If eligible, the person may register for a new account.
4. Involuntary Closure of Account: The Lottery may close a member's account at any time and for any reason, with or without notice to the member.
5. Immediate Termination of Account: The Lottery will immediately terminate a member's access to the promotion if the Lottery determines such access threatens the fairness, integrity, security, or honesty of the Lottery. If the Lottery determines that any member account is being used, or may be used to steal data from or to attack, infect, or intrude upon, any computer system owned by or associated with the Lottery or which in any way threatens the security of the Lottery's computer system, the Lottery will immediately close that account. The Lottery may also seek damages and criminal charges to the fullest extent permitted by law against any part or parties believed to have caused or manipulated a member account in the foregoing manner.
6. Inactive Account: If a member's account has been inactive for the past 365 days, or longer, the Lottery may close the account. Once closed, the person may register for a new account.
7. Discontinuation of Program: The Lottery may discontinue and close the 2nd Chance Promotional Drawing program and remove the program website at any time, with or without prior notice by the Lottery, and close all member accounts.
8. Unauthorized Use: It is the member's responsibility to keep account log in and password information safe and secure to prevent unauthorized use of a member's account. It is also the member's responsibility to periodically check the member's account and to notify the Lottery if unauthorized activity has occurred. The Lottery is not responsible for any unauthorized use of a member's account.
D. 2ND CHANCE PROMOTIONAL DRAWING ENTRIES
A 2nd Chance Promotional Drawing is a drawing for a Lottery prize in which an eligible non-winning Mississippi Lottery ticket is submitted for the chance to win a prize. For certain 2nd Chance Promotional Drawings, as solely determined by the Lottery, a member may enter a drawing by submitting an electronic entry through the website. The following applies to 2nd Chance Promotional Drawing entries electronically submitted and received by the Lottery through the website:
1. Odds of Winning: The odds of winning a 2nd Chance Promotional Drawing depend on the total number of entries received and the total number of winners selected per drawing or game.
2. Submission of Entries: The member must enter such information as the Lottery may specify on the designated website for each drawing, such as the Game ID number, the alphanumeric entry code, and ticket information from the Lottery game ticket that is eligible for the particular 2nd Chance Promotional Drawing. These numbers and codes are on the scratch-off ticket. A non-winning Lottery ticket may only be submitted once for entry into a 2nd Chance Promotional Drawing. Failure to provide any of the required information will result in an invalid entry. Only electronic entries will be accepted. The Lottery will not submit entries on a member's behalf that are mailed or hand-delivered to the Lottery. A member is not required to retain the non-winning ticket in order to claim a 2nd Chance Promotional Drawing prize but will be required to provide proof of identity and a valid claim form to the Lottery. Only a scratch-off ticket from a Mississippi Lottery game is eligible for entry into a 2nd Chance Promotional Drawing.
3. Validation of Entries: Each ticket and drawing entry is validated through the website. Invalid entries will not be processed.
4. Confirmation of Entry: Each ticket and drawing entry must be validated through the website and only then will be considered received and entered into the drawing. The member can view the member's entries on the website.
5. Ticket Limits: The Lottery allows entry of no more than 50 eligible Mississippi Lottery tickets per game, per day, per member.
6. Draw Procedures and Selection of Entry or Entries: The Lottery will hold a 2nd Chance Promotional Drawing at such date, time, place, and in such manner as is determined by the Lottery. The Lottery will conduct a 2nd Chance Promotional Drawing only after the time for submitting entries has closed, as announced by the Lottery. During each drawing for each available prize or prizes, the Lottery will randomly select a non-winning Lottery ticket number or numbers as a 2 nd Chance Promotional Drawing winner or winners from all the entries submitted for that drawing. The Lottery may select more than one winning entry in a 2nd Chance Promotional Drawing, award more than one prize, and may select an alternate winner or winners for any prize in a 2nd Chance Promotional Drawing. Only valid entries that have been submitted to and received by the Lottery through the website are eligible for selection as a 2nd Chance Promotional Drawing winner or winners. An alternate 2nd Chance Promotional Drawing winner is only eligible to receive a prize if a prior selected 2 nd Chance Promotional Drawing winner (including any other prior alternate 2nd Chance Promotional Drawing winners selected) is ineligible or does not claim the prize. To select an entry or entries, the Lottery or its authorized agents, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery that ensures a random selection of an entry or entries (including multiple 2nd Chance Promotional Drawing winning entries for drawings with multiple prizes) and may also select alternate 2nd Chance Promotional Drawing winners from all the entries submitted for that drawing for the prize or prizes in the particular Lottery game or games. For each drawing, a player may receive only the highest single prize won.
7. Suspension or Cancellation of Drawing: At the discretion of the Lottery President, the President may suspend or cancel a 2nd Chance Promotional Drawing. If the President suspends a drawing, the President may hold a replacement drawing or cancel the drawing. Members participating in a 2nd Chance Promotional Drawing that is cancelled by the President shall have no right to or claim for any prize, payment, other item of value or any other relief from the Lottery as a result of such cancellation.
8. Applicable Laws; Taxes and Fees: A 2nd Chance Promotional Drawing is subject to all applicable laws and administrative rules related to the Mississippi Lottery Corporation. Unless otherwise stated by the Lottery for the particular 2nd Chance Promotional Drawing, all taxes and fees are the responsibility of the 2 nd Chance Promotional Drawing winner.
E. WINNER NOTIFICATION AND CLAIMING 2ND CHANCE PROMOTIONAL DRAWING PRIZES
1. 2nd Chance Promotional Drawing Prize Notification: The Lottery will notify the 2nd Chance Promotional Drawing winner of a 2nd Chance Promotional Drawing by Certified Letter, Return Receipt Requested, via the U.S. Postal Service. The winner must follow the "How to Claim Your Prize/Winnings" instructions posted at www.mslotteryhome.com.
2. Time Limits for Claiming 2nd Chance Promotional Drawing Prize: A winner of a 2nd Chance Promotional Drawing has 10 business days from the date of receipt of the certified letter in which to claim the prize.
3. Forfeit 2nd Chance Promotional Drawing Prize: If the Lottery determines a 2nd Chance Promotional Drawing winner(s) and all alternate winners of a 2nd Chance Promotional Drawing are ineligible or fail to claim the prize within the time limits set by the Lottery, or if the entry and all alternate 2nd Chance Promotional Drawing winning entries selected for that drawing are invalid, then the 2nd Chance Promotional Drawing prize is forfeited by the 2nd Chance Promotional Drawing winner and becomes an unclaimed prize. By law, all unclaimed prize money shall be added to the pool from which future prizes are to be awarded or used for special prize promotions, at the sole discretion of the Mississippi Lottery Corporation President.
4. Claim Forms: As a condition of receiving a 2 nd Chance Promotional Drawing Prize, the Lottery requires the winner to submit a claim form and acceptable forms of identification, as delineated on the claim form, to the Lottery. To be valid, the completed claim form must contain the required information, such as name, address, signature or identifying mark, social security number and accompanied with a photo ID. A valid claim form and requisite identification must be received by the Lottery within the applicable time period for claiming a 2 nd Chance Promotional Drawing prize. An invalid claim form will not be accepted by the Lottery. The Lottery is under no obligation to notify a claimant that their claim form is invalid. At any time, the Lottery may require the claimant to present valid proof of identity to confirm the claimant is the registered member whose information is on file with the Lottery. A claimant who is unable to present valid identification upon request is ineligible to receive a 2nd Chance Promotional Drawing prize.
G. LIMITATION OF LIABILITY
1. General: The State of Mississippi, the Mississippi Lottery Corporation, and their respective agents, directors, officers, and employees, are not liable for:
a. Communication Issues: Late, lost, misrouted, garbled, distorted, or damaged entries, claims, notifications, other communications, or transmissions;
b. Software and Hardware Issues: Telephone, electronic, hardware, software, network, Internet, or other computer, or communications-related malfunctions or failures. This includes, but is not limited to, lost 2nd Chance Promotional Drawing entries, or any canceled 2nd Chance Promotional Drawing, caused by any malfunction or through operator error;
c. Disruptions and Errors: Promotion disruptions, any printing or typographical errors in any materials associated with a promotion;
d. Delivery Issues: Entries, claims, or other communications not received by the Lottery or that are lost in the mail or delivered elsewhere, or are electronically misrouted or misdirected;
e. Cancellation of Promotion or Program: Discontinuation of any 2nd Chance Promotional Drawing or the 2nd Chance Promotional Drawing Program by the Lottery President;
f. Invalid Claim Form: Failure by a claimant to submit a valid claim form to the Lottery, thereby rendering the claimant ineligible to win a prize; or
g. Losses or Damages: Other injuries, losses, or damages arising from, related to, or caused by a promotion, or any claims arising from or related to the acceptance, possession, or use of any 2nd Chance Promotional Drawing prize or any other item of value offered by the Lottery.
h. Improper Submission of Entries: Any non-winning tickets mailed or hand-delivered to Mississippi Lottery Headquarters will not be returned to the member and will not be entered in any 2nd Chance Promotional Drawing.
i. Voluntary Participation: Participation in a 2nd Chance Promotional Drawing is voluntary. Acceptance of any 2 nd Chance Promotional Drawing prize or other item of value offered by the Lottery is voluntary.
j. No Warranties: Use of the website and participation in the 2nd Chance Promotional Drawing Program is at the member's own risk. The Lottery is providing the website "As Is" without any express or implied warranties and on an "as available" basis. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE MISSISSIPPI LOTTERY CORPORATION AND ITS VENDORS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
2. Not Liable for Damages: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE STATE OF MISSISSIPPI, THE MISSISSIPPI LOTTERY CORPORATION, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF A MEMBER'S PARTICIPATION IN THE PROGRAM OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY 2ND CHANCE PROMOTIONAL DRAWINGS, 2 ND CHANCE PROMOTIONAL PRIZE, ANY OTHER PROMOTIONAL PRIZES, OR ANY OTHER USE, EVEN IF ANY OR ALL OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. No Responsibility for Third Party Actions: The Lottery does not guarantee the website will be safe or secure. The Lottery is not responsible for the actions, content, information or data of third parties, and a member releases the State of Mississippi, the Mississippi Lottery Corporation, and their respective agents, directors, officers, and employees, and vendors from any claims and damages, known and unknown, arising out of or in any way connected with any claim against a third party arising from the use of the website.
H. GENERAL TERMS AND CONDITIONS
1. Revisions: The Lottery may at any time revise these Terms and Conditions. By participating in the Program and using the website, a member agrees to be bound by any such revisions and agrees to periodically review the Terms and Conditions posted on the website to view the current Terms and Conditions to which the member is bound.
2. Choice of Law: The laws of the State of Mississippi (without giving effect to its conflicts of law principles), govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance and enforcement.
3. Designation of Forum/Consent to Jurisdiction: Any member bringing a legal action against State of Mississippi, the Mississippi Lottery Corporation, or their respective agents, directors, officers, employees, and vendors arising out of or relating to these Terms and Conditions or use of the website and participation in the Program shall bring the legal action or proceeding in the Circuit Court of Rankin County, Mississippi. The member hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum.
4. Invalid or Unenforceable: If the court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
5. Disputes Related to 2nd Chance Promotional Drawings: In the event a dispute occurs between the Lottery and a member as to whether a member entered a 2nd Chance Promotional Drawing, whether a member has won a 2nd Chance Promotional Drawing, whether a member's claim form has been invalidated, whether the member is eligible to receive a 2nd Chance Promotional Drawing prize, or any other issue relating to the 2nd Chance Promotional Drawing Program, the Lottery President will review the matter and render a determination. The President, in his or her sole discretion, may grant relief deemed appropriate, if any, and such relief, if any, shall be the member's sole and exclusive remedy.
6. Finality of Decision: A determination of the Mississippi Lottery Corporation President, including, but not limited to, the amount or nature of a 2nd Chance Promotional Drawing Prize, the validity of an entry, whether an entry is a 2nd chance winner, whether an entry was submitted in error, whether to invalidate a claim form, and whether an entrant has won a 2nd Chance Prize or other item of value is final and binding on the member.
7. Indemnification: By participating in the Program and using the website, a member agrees to hold harmless, defend and indemnify the State of Mississippi, the Mississippi Lottery Corporation, and their respective agents, directors, officers, employees, and vendors from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of the member's participation in the promotion or use of the website, materials or related services, the member's violation or breach of these Terms and Conditions, or any other act or omission by the member related to the member's participation in the Program or use of the website.
8. Captions: Where captions and headings are provided in these Terms and Conditions, they are for the convenience of the user only and have no substantive effect.
The Mississippi Lottery Corporation is committed to conduct its mission in a socially responsible manner.