Terms of Use

These terms of use ("Terms of Use") set forth the terms and conditions that apply to your participation in the Texas Lottery (the "Lottery") Internet Entry Promotional Second-Chance Drawings (the "Second-Chance Promotion") through this website (the "Website") and your use of this Website. Participants in the Texas Lottery's Promotional Second-Chance Drawings and all participants' submissions are subject to the Lottery's rules and regulations, the privacy statement located at: http://www.txlottery.org/export/sites/lottery/Misc/Privacy.html and the Privacy Statement that governs the Second-Chance Promotions located at: https://txlotteryluckzone.com/home/privacy_statement. This Website is operated by IGT Global Solutions Corporation dba IGT Solutions Corporation in the State of Texas (“IGT”) on behalf of the Texas Lottery (collectively referred to herein as “we” or “us” or “our”). By using the Website or participating in any Promotional Second-Chance Drawing, you agree to comply with these Terms of Use. The right to participate in the Promotional Second-Chance Drawing and your use of the Website is personal to you and is not transferable to any other person or entity.

Trademarks
All trademarks, service marks, and other commercial symbols (collectively, the “Marks”) used in connection with the Website are the exclusive property of IGT, the Lottery or its or their affiliates or licensors in the United States and other countries. You shall not use the Marks under any circumstances without the prior written consent of the appropriate authorizing party, and in no event shall you use the Marks in connection with any third party product or service that in any manner is likely to cause confusion or disparages or discredits IGT, the Lottery, or their affiliates or licensors. Unauthorized use of the Marks may be a violation of federal or state trademark laws.

Copyright
All content included on the Website, such as text, graphics, logos, button icons, Marks, images, audio clips, digital downloads, data compilations, and software, is the property of IGT, the Lottery or their content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of the Lottery and is protected by United States and international copyright laws. Permission is granted to view and print materials from the Website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express written permission of IGT and the Lottery is strictly prohibited.

License and Site Access
Subject to these Terms of Use, the Lottery grants you a limited, royalty-free, fully paid up, non-transferable, non-exclusive, revocable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with the prior written consent of IGT and the Lottery. This license does not include any resale or commercial use of the Website or its content; any derivative use of the Website or its content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of the Website shall not be reproduced, duplicated, mirrored, copied, sold, resold, or otherwise exploited for any commercial purpose without the prior written consent of IGT and the Lottery. You shall not frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout, or form) of the Website or mirror the Website without our prior written consent. You shall not use any metatags or any other "hidden text" utilizing our names or any Marks without our prior written consent, or that of the appropriate authorizing party. Any unauthorized use shall terminate the permission or license granted herein. You shall not use any Marks as part of a link without our prior written consent.

Linked Websites
This Website may provide hyperlinks to third party websites. By clicking on any of these links, you are leaving the Website. We do not control such third party websites and you acknowledge and agree that we are not responsible for the content, or the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or applications or the content displayed on or through them. You are solely responsible for your interactions with any third party website hyperlinked from the Website, including, but not limited to, your obligations and/or liabilities associated with such third party website's terms of use or service, privacy policies and/or end user license agreements, or any other terms and conditions. The inclusion of such a link does not imply our endorsement of any such website or application or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including, but not limited to your access to and/or use of the same.

Communications and Suggestions
You may submit communications, suggestions, ideas, comments, questions, or other information to us (collectively "Feedback") through the Feedback page located at https://www.txlotteryluckzone.com/home/feedback/, so long as such Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You shall not use a false email address, impersonate any person or entity, or otherwise submit misleading Feedback. You grant IGT, the Lottery and their affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you submit; that the Feedback is accurate; that use of the Feedback you supply does not violate these Terms of Use and shall not cause injury to any person or entity; and that you shall indemnify IGT, the Lottery and their affiliates for all claims resulting from Feedback you submit. We shall not take any responsibility and shall not assume any liability for any Feedback submitted by you or any third party. We do not collect information to sell for other commercial marketing. We have taken several steps to encrypt the information you submit and safeguard the integrity of its computer systems and networks, including, but not limited to, individual authentication, the security of transmitted data, security monitoring, and auditing. We shall not be responsible, however, for the confidentiality of any information communicated to us through the Website beyond that stated in the Privacy Statement.

Disclaimer of Warranties and Limitation of Liability
The information and materials on the Website could include technical inaccuracies or typographical errors. The Lottery and IGT provide such information and materials to you on a strictly "as is" basis and “as available” for your use without warranty of any kind. Although the information and materials found on the Website have been produced and processed from sources believed to be reliable, the website and all materials, information, software, products, and services included in or available through the Website are provided without warranty of any kind, either EXPRESS OR IMPLIED, including, but not limited to implied warranties of Merchantability, title, fitness for a particular purpose, or noninfringement. We and our affiliates do not warrant that the materials, information, software, products, and services included in or available through the website are accurate, reliable, or correct; that the WEBSITE will be available at any particular time or location; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Your use of the WEBSITE is at your sole risk.

The information provided in these Terms of Use should not be construed as giving business, legal, or other advice. Changes are periodically made to the information contained herein. Official winners are those selected in the respective drawings by the Lottery, or its designee, and validated by the Lottery. Further, IGT, the Lottery and their respective officers, directors, employees and commissioners shall not be held liable for any improper or incorrect use of the information and materials contained on the Website and no such party assumes any responsibility for your use of such information, materials and the Website. Under no circumstances shall We or our respective officers, directors, employees or commissioners be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise), OR OTHER LEGAL THEORY arising in any way out of the use of the Website or any Second Chance Promotion, even if advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by misdirected, lost, late, corrupted, stolen or incomplete entries; technical failures including malfunctions, interruptions, failure of performance, or disconnection in phone, cable or satellite lines or network hardware or software; unauthorized human intervention in any of the entry process; or for any entry that does not comply with these procedures or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.

Age Restrictions and Certification Regarding Entry From Within the State of Texas
The information made available through this Website is for entertainment purposes only. This Website is not intended for use by persons under eighteen (18) years of age. Individuals under such age are strictly prohibited from using this Website, participating in any Promotional Second-Chance Drawing, submitting any personally identifiable information or using the offered services in any way. No person shall be eligible to claim or receive any prize(s) from IGT, the Lottery, and/or the Lottery's licensors who knowingly uses the Website in violation of the aforementioned age restriction and/or Texas state law.

To participate in the Promotional Second-Chance Drawing, participants must be within the borders of the State of Texas in order to submit an Internet entry and must check the box on the Submit Entry Page of the Website certifying that they are submitting a Texas Lottery Promotional Second-Chance Drawing entry from a location within the state of Texas and have provided a Texas address for potential prize fulfillment purposes. You hereby represent and warrant to IGT and the Lottery that you shall not participate in the Promotional Second-Chance Drawing or check the box on the Submit Entry Page of the Website indicating you are entering from within the state of Texas unless you are, in fact, entering from within the state of Texas.

Indemnification
You agree to indemnify, defend, and hold harmless us, our respective employees, contractors, agents, officers, and directors, and their respective affiliates and licensors, and all of their respective predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, partners, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of these Terms of Use and Privacy Statement or the representations, warranties, and covenants you have made by agreeing to these. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Governing Law
These Terms of Use shall be governed by the laws of the State of Texas, without regard to the conflicts of laws and/or rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms of Use, and/or your use of the Website must be resolved in the state or federal courts situated in the State of Texas, Travis County. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

Equitable Relief
You acknowledge that any breach or threatened breach of these Terms of Use may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Waiver
Any waiver by us of a breach of any provision of these Terms of Use shall not operate as, or be construed to be, a waiver of any breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver of or deprive us of the right to insist upon strict adherence to that term or any other term. These Terms of Use shall not constitute a waiver of any Sovereign Immunity or Immunity from Suit on behalf of the Texas Lottery, or the State of Texas, generally.

Site Modification, Changes to These Terms of Use and Severability
We reserve the right to make changes to the Website and these Terms of Use at any time. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion. We encourage users to frequently check this page for any changes to these Terms of Use. Your continued use of the Website shall constitute your acceptance of such new Terms of Use. These Terms of Use were last modified in November 2016.

User Conduct
In using the Website, you agree not to disrupt or interfere with the security of, or otherwise abuse the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or linked websites. You agree not to disrupt or interfere with any other user's enjoyment of the Website, use or attempt to use another's account, service or system without authorization from us or create or use a false identity on the Website. You shall not upload, post, or otherwise transmit through or on the Website any viruses or other harmful or disruptive files, spam, chain letters, junk or any other type of unsolicited mass email. Attempts to obtain unauthorized access to any site or portion of the Website that is restricted from general access, or to grant a third party access to such restricted sites or areas, is prohibited.

Users are permitted only one (1) active account. If a user has more than one active account, all accounts of the user are subject to cancellation by the Texas Lottery at the Lottery's sole discretion without advance notice.

Accessibility
If you have any questions or concerns regarding the accessibility of this website, please send an email to accessibility@lottery.state.tx.us or review the Accessibility Statement of the Texas Lottery Commission at http://www.txlottery.org/export/sites/lottery/Misc/Accessibility.html

Play Responsibly
The Texas Lottery designs its games and products to be a fun form of entertainment. We encourage players to Play Responsibly. For resources to help with problem gambling, please visit the Play Responsibly page on our website located at: http://www.txlottery.org/export/sites/lottery/Winners/Player_Protection/play_responsibly/index.html.

Contact
Any further questions concerning these Terms of Use should be directed here: customerservice@lottery.state.tx.us