Last Modified: 2-22-2021
Lotto.com and its affiliates and subsidiaries (referred to herein as “we”, “us”, “our”, “Lotto.com” or “company”) own and operate the website that links to these Terms and Conditions (“website”) and provide lottery courier and other services and information. These legally binding Terms & Conditions (“Terms”) represent the entire contractual relationship between you (referred to herein as “you”, “your”, “customer” or “user”) and Lotto.com. You and Lotto.com are referred to herein individually as “party” and collectively as “parties”. These Terms govern your use of the website and services and information provided therein.
PLEASE READ THESE TERMS CAREFULLY AS IT INCLUDES BINDING ARBITRATION, CLASS ACTION WAIVER AND OTHER LEGAL RIGHTS AND OBLIGATIONS.
If you violate any of these Terms, Lotto.com reserves the right to deny our Services and block or close your account immediately. We further reserve the right to close your account and void or invalidate any ticket orders without notice for any other reason in our sole discretion.
1. Generally. Lotto.com allows you to order official state lottery tickets (“Tickets”) through our website whereby Lotto.com or its agents fulfills the order on your behalf at a licensed retailer for a fee (herein “Services”). Lotto.com will store the Tickets on your behalf and you will receive an image of the Ticket. For the avoidance of doubt, except where specifically stated in these Terms, you will not receive a physical Ticket.
In order to use our Services, you must meet all Account Eligibility criteria, as set forth below, and all other criteria and obligations set forth in these Terms.
2. Account Eligibility. You must open an account with us prior to using our Services. To open an account, you must:
be an individual at least eighteen (18) years of age (or the age required in the applicable jurisdiction);
provide all requested personal information;
not be a Prohibited Person (as defined below) or prohibited or excluded under any other applicable law or regulation;
agree to these Terms and Policies; and
meet all other eligibility requirements imposed by us at our sole discretion.
The following individuals are prohibited from opening an account or using the Services (“Prohibited Person”):
Employees, officers, directors, or direct or indirect owners of Lotto.com and its affiliates and subsidiaries;
Any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any employee, officer, director, or direct or indirect owner of Lotto.com;
Self-Excluded Persons (as defined below);
Persons prohibited or excluded under any other applicable law or regulation; and
Persons who we, in our sole discretion, deem prohibited.
We will use reasonable efforts to prevent Prohibited Persons from using our Services. You agree that we are not liable for any use of the Services by any Prohibited Person.
3. Account Registration and Use. You are limited to one (1) account. Accounts are non-transferrable and for personal use only. To open an account you must provide personal information, including name, social security number (in whole or in part), address, email, phone number and date of birth so that we can establish your identity. We may also request copies of identification documents such as a driver’s license or passport to help in the identification process. By providing your personal information and documents, you expressly authorize us to share your information with third-party verification services and databases for the purposes of establishing your identity. You agree to provide accurate information and to continually update any changes to that information. We reserve the right to reject your application for an account, or if one has already been established, block access, suspend or cancel your account, and void or invalidate any Tickets or winnings, if we are unable to verify your identity, have reason to believe that you do not meet one or more of the eligibility requirements, or for any other reason and in our sole discretion.
It is your responsibility to protect and maintain the confidentiality of your account login and password and you accept responsibility for all activities, charges and damages occurring on or from your account. You agree not to allow any other person to use your account and immediately notify us if you believe or know of any unauthorized use. You further agree that we are not responsible for any loss or damage resulting from your failure to timely notify us of an unauthorized use and we reserve the right to confiscate all funds remaining in the account if your account is compromised.
4. Participation in the Services. You must be physically located in a state or jurisdiction where Lotto.com is registered and authorized to provide its Services (“Authorized Jurisdiction”) in order to use the Services. By using our Services, you expressly consent to the collection, storage, processing and transmission of your data, including IP address, WiFi signal and other means, to establish your physical location. This may be done using third-party providers and you expressly consent to our use of third-party providers including the sharing of your information with such third-party providers to establish your location. If we or our third-party providers cannot track your location for any reason, we reserve the right to prevent you from accessing or using the Services until your location is verified.
You agree that we are not liable for any violation of any local, state, federal, or other laws or regulations that may occur as a result of your use of our Services. The availability of the Services outside of an Authorized Jurisdiction does not constitute an offer, solicitation or invitation by us for you to use our Services.
5. Deposits and Withdrawals. You may use any method available and accepted by us to deposit money into your account. By initiating a deposit into or withdrawal from your account, you agree and hereby authorize us to instruct third-party providers including banks, credit cards, electronic payment processors and financial institutions (“Third-Party Providers”) to handle deposits and withdrawals. You further agree and consent to us providing such Third-Party Providers with your personal information as needed to complete the transaction. We reserve the right to deduct any charges or other fees we incur from the Third-Party Providers or other parties related to your withdrawals and deposits.
We reserve the right to pay any requested withdrawals via the same method of payment of your deposit. We may require additional proof of identification before a withdrawal request is granted.
We are not responsible for any taxes you may owe related to or arising from your use of the Services including taxes owed on winnings. We may report your winnings to the appropriate state or federal authorities if required by law.
We reserve the right to review all transactions and to withhold deposited funds and winnings if we reasonably believe that the deposit was unauthorized, misused or fraudulent. We will report all matters of unauthorized, misused or fraudulent deposits or withdrawals, including Chargebacks (defined below), to the appropriate state or federal authorities. We may conduct our own investigation into the matter and may temporarily or permanently close your account during such time.
6. Chargebacks. You agree not to dispute, deny or attempt to reverse any financial transaction or make any fraudulent financial transactions with us (collectively “Chargebacks”). You agree to indemnify and reimburse us for any Chargebacks and any financial loss suffered by us as a consequence including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks. If a Chargeback occurs, you agree that we may provide necessary information about you and the Chargeback to Third-Party Providers, regulators, law enforcement, or other necessary third-parties in order to resolve the Chargeback. We reserve the right to temporarily suspend your account without notice until any Chargebacks or other financial disputes are resolved.
7. Account Activity
A. Fees. The fees to use our Services vary by game. By using our Services, you acknowledge and agree to pay such fees and that we may deduct such fees from your account.
B. Final Sale. All orders for Tickets through our Services are final and non-refundable. You agree not to allow any other person to use your account and further agree that any orders placed through your account will be valid even if you have not authorized such order.
C. Timing of Orders. Orders for Tickets on Draw Games made after the cutoff time set by the official state lottery or by us, in our discretion, may be rolled into the next available drawing. Tickets ordered prior to the posted cutoff time will be fulfilled and stored by Lotto.com on your behalf. Subscription Purchases will be processed on your behalf after the previous drawing and before the posted cutoff time. If orders or drawings are not completed for any reason, funds may be returned to your account or rolled into the next drawing at our discretion.
D. Quick Picks. The Lotto.com "Quick Picks" feature is a number selection helper, offering you the ability to automatically select the numbers on a virtual playslip. These numbers are derived from a lab certified random number generator (or “RNG”) and can be reselected by you prior to completing an order.
E. Bonuses and Promotions. From time to time we may issue credits to your account for promotional purposes. These credits may only be used for the purpose of ordering Tickets. Only the winnings attributed to such credits can be withdrawn. We may reclaim or cancel any unused promotional credits at any time.
F. Rules. It is your responsibility to understand the rules of the lottery games you are playing. Check the official state lottery website for rules in your jurisdiction.
For New Jersey: https://www.njlottery.com/en-us/home.html
G. Winnings. You agree that prizes under six hundred dollars ($600) (“Retailer Limit”) will be collected on your behalf and deposited into your account. To opt out of this service please contact [email protected]. For prizes equal to or over $600, Lotto.com will contact you directly with instructions on how to claim your prize.
Lotto.com may require you to provide additional information and documents to verify your identity before providing you with any physical winning Ticket. Lotto.com may also require you to sign certain documents and agreements before a physical Ticket is surrendered to you. Failure to sign such documents and agreements may delay the release of the Ticket. You are responsible for claiming any prizes associated with a physical winning Ticket with the official state lottery or authorized retailer in the Authorized Jurisdiction once Lotto.com has released such Ticket to you.
You expressly agree that Lotto.com is not responsible for any lost, stolen, damaged or otherwise unredeemable winning Tickets. Further, you expressly agree to assume the risk of loss, damage or delay for any physical Ticket personally released to you or sent to you via a mail or letter carrier service.
H. Official Records. We will make all reasonable efforts to ensure that the winning numbers and prize amounts posted in your account and on the website are accurate and available within a reasonable time. However, in the event of an error, the winning numbers and prize amounts in the official records of the state lottery or regulator in that particular jurisdiction will stand as the final determination of winning numbers and prize monies.
I. Publicity. For prizes over $5,000 Lotto.com may require you to participate in a prize winning ceremony which may include photography and media interviews.
J. Tickets. Tickets received through our Services will be held in trust by Lotto.com as a bearer instrument within the meaning of applicable law. For the avoidance of doubt, you will not receive a physical Ticket except where expressly stated in these Terms. You will receive a scanned copy of any Tickets fulfilled through the Services. It is your responsibility to ensure the safekeeping of the images of your Tickets and we are not responsible for any issues or disputes that may arise from others using or viewing your Ticket images.
K. Validity of Tickets. No customer request or payment for Service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued Ticket. In order for a Ticket to be deemed valid, it must be physically generated by an authorized lottery terminal (including a sale through a courier service).
L. Dormant Account. If your account has been inactive for thirteen (13) consecutive months, the account will be considered dormant. We will make all reasonable attempts to contact you to determine whether you wish to keep the account active or close the account. No fees will be charged during the period of dormancy. We reserve the right to close dormant accounts and return all funds to you less any applicable fees.
8. Account Closure By Us. TO THE FULLEST EXTENT OF THE LAW, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND USE OF OUR SERVICES IF ANY OR THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT WILL OCCUR): (1) YOU ARE IN MATERIAL BREACH OF THESE TERMS, (2) YOU COMMITTED (OR ATTEMPTED TO COMMIT) A FRAUD AGAINST US OR A THIRD-PARTY USING THE SERVICES OR OTHERWISE USE THE SERVICES FOR UNLAWFUL OR IMPROPER PURPOSES, (3) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS, (4) WE ARE INSTRUCTED TO BY A LAW ENFORCEMENT OR REGULATORY AGENCY, COURT OR BY OUR LEGAL COUNSEL TO DO SO, OR (5) IN OUR SOLE DISCRETION.
YOU AGREE TO COMPENSATE US, IN FULL, FOR ANY COSTS, LOSSES OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) WE INCUR RELATED TO, OR ARISING OUT OF, YOUR BREACH OF THESE TERMS.
9. Limited Power of Attorney. You agree to grant us a limited power of attorney for certain purposes related to the Services including, but not limited to, (i) fulfilling an order for Tickets at a licensed retailer on your behalf, (ii) scanning and sending you a digital image of your Tickets, (iii) securely storing your Tickets, (iv) cashing your Tickets if the prize is below the Retailer Limit in your jurisdiction, and (v) physically distributing your Tickets to you if the prize is above the Retailer Limit.
10. Intellectual Property. Lotto.com and any other marks used by us are the trademarks, service marks and/or trade names of Lotto.com and its parents, subsidiaries or associated companies. All material contained on or used by us on the website, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features images, pictures, animations, audio, text (collectively “Content”) and any intellectual property rights in and to any of the same are owned by or licensed to us and subject to copyright and other intellectual property rights. The copyright material, service marks, trademarks, Content and any other intellectual property of Lotto.com may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our prior written consent. All rights not expressly granted in and to the Content and the Intellectual Property are reserved by Lotto.com.
11. Limited License. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to install and use any software or program (collectively “Software”) made available by us for use of our Services and all content derived from such Software and in accordance with these Terms. You agree not to, or attempt to, copy, extract, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or access, in whole or in part, any of the Software, the information or data of the website, or the source code to create derived works or, sell, assign, lease, sublicense, transfer, distribute or grant a security interest in, or make the Software, the website or its information or data available to any third-party. You will be solely liable for any damages, costs or expenses incurred by us arising out of or in connection with the commission of any of these activities.
12. ARBITRATION; WAIVER OF CLASS ACTION
A. Dispute Resolution; Binding Arbitration. If any disputes, claims or controversies arise between you and us related to or arising out of your use of the website or our Services or these Terms or Policies, please contact our Customer Success Team at [email protected] We will investigate and make a good faith effort to respond to all complaints within a reasonable timeframe. You agree to exhaust all reasonable means available and follow any complaint resolution procedures we put in place.
If the parties are unable to resolve the problem after exhausting all reasonable means and resolution procedures, the parties agree that any disputes, claims or controversies arising between you and us related to or arising out of your use of our website, Services, or these Terms and Policies will be resolved by binding arbitration. The arbitration will be conducted before a single arbitrator in New Jersey, in accordance with the then governing rules and procedures of the American Arbitration Association ("AAA"). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Any award rendered by the arbitrator will be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The arbitrator will not have authority to award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.
B. WAIVER OF CLASS ACTION. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. All proceedings, whether in arbitration or litigation, will be conducted in their individual capacity only.
Notwithstanding anything to the contrary, the parties may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its respective intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets.
13. Governing Laws and Jurisdiction. These Terms shall be governed by, and construed and enforced in accordance with the laws of the State of New Jersey without regard to conflict of law principles. THE PARTIES EACH WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY. For any claims that are not subject to arbitration, the Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of New Jersey for settlement of any disputes or matters related to or arising out of your use of the website and Services and the Terms and Policies and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds. The Parties further agree that such claims will only be brought in the United States District Court for the District of New Jersey or the state courts in the State of New Jersey.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT:
LOTTO.COM AND ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATED ENTITIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “LOTTO GROUP”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE TERMS AND POLICIES OR THE WEBSITE OR SERVICES EVEN IF YOU OR ANYONE ELSE ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL LOTTO.COM'S TOTAL LIABILITY TO YOU OR ANY RELATED THIRD-PARTY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO LOTTO.COM'S ACTS OR OMISSIONS, THE TERMS AND POLICIES OR THE WEBSITE OR SERVICES EXCEED THE TOTAL DOLLAR AMOUNT YOU DEPOSITED IN YOUR ACCOUNT IN THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM.
YOUR ACCESS TO THE SERVICES INCLUDING THE DOWNLOAD OR INSTALLATION OF ANY SOFTWARE RELATING TO THE SERVICES, USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE TO YOU OR YOU MAY PROVIDE TO US IN CONNECTION WITH YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. LOTTO.COM IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, DEVICE, TABLET OR OTHER HARDWARE USED TO ACCESS THE SERVICE, THE SOFTWARE CONTAINED THEREIN, OR ANY OTHER EQUIPMENT OR TECHNOLOGY USED FOR THE SERVICES.
LOTTO.COM WILL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY OR FINANCIAL INSTITUTION.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE TERMS OR POLICIES, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
NOTHING IN THESE TERMS WILL OPERATE TO EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY LOTTO.COM’S SOLE NEGLIGENCE, FRAUD, OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Warranties. YOU EXPRESSLY AGREE THAT THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT WHERE EXPRESSLY STATED IN THESE TERMS, LOTTO.COM DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE AND SERVICES AND NO ADVICE OR INFORMATION FROM ANYONE AT LOTTO.COM, THE WEBSITE, OR SERVICES WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. Indemnification. You agree to defend, indemnify and hold harmless Lotto.com 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, the Policies, or your use of the Services and website, including any use of Lotto.com’s intellectual property.
18. Force Majeure. Our failure to comply with these Terms due to an earthquake, hurricane, fire, flood or other natural disaster or other act of God, government action or decree (including that of the official state lottery in the applicable jurisdiction), war, civil disorder, terrorism, disease, epidemic or pandemic, or any other events that are beyond our reasonable control will not be considered a breach of these Terms.
19. Entire Agreement, Modification, Amendments. You agree to be bound by these Terms as modified and amended from time to time. We may amend the Terms at any time and for any reason. Any amendments or modification will take effect immediately. By using the Services after the Terms have been modified, you are acknowledging that you have read and accepted the amended and modified Terms. If you do not accept such amendments or modifications, you should not use our Services. If you do not wish to accept the amended or modified Terms, you may terminate your account but will have no other recourse toward us.
20. Assignment. We reserve the right to transfer, assign, sublicense or pledge these Terms, Policies, website, and Services in whole or in part, to any person without your consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
21. Severability. If one or more of the provisions contained in these Terms or Policies is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions of the Terms or Policies, but these Terms and Policies will be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
22. Local Terms and Conditions. In addition to the Terms and Policies, you will also be subject to all terms and conditions of the official state lottery and regulators governing the Ticket orders we are fulfilling on your behalf.
23. Responsible Play; Self Exclusion; Lottery Scams.
A. Please Play Responsibly. Information regarding responsible play is available at:
For New Jersey - https://www.njlottery.com/en-us/playingresponsibly.html
If you or someone you know has a gambling problem and wants help, call 1-800-Gambler.
i. Self-Exclusion. You may exclude yourself from our Services (“Self-Excluded Person”) via the website. In doing so, you will be prevented from using our Services while you are excluded. You can get instructions on how to self-exclude by contacting us at [email protected].
ii. Deposit and Spend Limits. You may set deposit and spend limits through the website. This will prevent you from purchasing more Tickets than your spending limits allow. For instructions on setting limits, contact us at [email protected].
B. Avoid Lottery Scams. You should be careful about potential scammers who may send false announcements regarding lottery prizes. As part of the scam, an individual is contacted by phone, email, text message, or a letter from a scammer who is claiming that the recipient has won a prize with official state lottery. This is a fraudulent claim and there is no such prize. Never respond to these communications and never provide information or send money to a scammer.
WARNING SIGNS OF A SCAM:
The official state lottery does NOT know who the winners are until they come forward with a winning ticket. The lottery will not notify YOU, you will notify them.
The official state lottery NEVER requires the payment of any money in order to claim a prize.
No one should ever send any money to pay a ‘processing fee’ or any another requested fee in order to claim a prize.
Never deposit any check sent to you that is accompanied by a request that you send or wire money to cover processing or claiming fees. The check that you’ve received is fraudulent and will bounce.
Never provide any personal or financial information to a scammer, especially Social Security numbers, bank account numbers, and credit card numbers.
If you suspect a scam, report it to the Federal Trade Commission at 1-877-FTC-HELP or at the FTC Consumer Information website. You should also contact the lottery in your Authorized Jurisdiction.
New Jersey Lottery's Security Unit - (609) 599-6100.
24. Licensed Courier. Lotto.com is licensed to provide its courier services within the Authorized Jurisdictions. Protect yourself and use a licensed courier.
Using an unlicensed courier service may expose you to fraud or other illegal activity.
25. Independent Courier. Lotto.com is not part of any official state lottery. No lottery guarantees or has any liability for Lotto.com's customer activities
State Specific Notifications
For New Jersey Players
26. Insurance. For players geographically located in the State of New Jersey, we are required to disclose to you the following insurance pursuant to N.J.A.C. 17:20-12.5(a)9:
Commercial General Liability: $2,000,000
Automobile Liability: $1,000,000
Workers Compensation and Employers’ Liability: $1,000,000
Commercial Crime/Employee Dishonesty: $1,000,000
Cyber Liability/Errors & Omissions: $10,000,000
Directors & Officers Liability: $2,000,000