Terms of Service

1. BINDING TERMS AND CONDITIONS

The Massachusetts Lottery Red Carpet VIP Club service (the "Service"), is composed of the website, https://www.masslotteryplayersclub.com and affiliated sites, (collectively, the "Site"), and offers various information, activities and services related to the Massachusetts State Lottery Commission (the "Lottery").

Scientific Games, LLC manages the operation of the Site on behalf of the Lottery.

The Service and Site are subject at all times to terms and conditions as specified in the Terms of Service (the "Terms"), the Privacy Policy, Lottery Rules, Policies, Directives, State of Massachusetts Rules, Policies, Directives and Statutes, and SGI policies and procedures. Your use of the Service, the Site and any associated materials is conditioned on your acceptance without modification of these terms and conditions.

Using this Site signifies your knowledge of and agreement to be bound by the Terms. SGI or the Lottery may update or revise the Terms at any time without notice. Any modifications posted on the Site will be effective immediately. You are responsible for reviewing the Terms periodically for any such modifications. Your continued use of the Site means that you accept all such updates or revisions. If you don't agree to the Terms, your only remedy is to cease to access the Site and to cancel any account or services for which you have enrolled or registered.

If you violate the Terms, we may issue you a warning about the violation, or we may choose to immediately terminate any account that you have established. You acknowledge that we are not required to provide you notice before terminating your account, but we may choose to do so.

The Terms and any posted rules or instructions regarding a particular game, activity, contest, sweepstakes or service, constitutes the entire agreement between you and SGI/Lottery regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms and any other rules or instructions posted on the Service, SGI and the Lottery shall resolve the conflict at their sole discretion. If you have questions about the Terms, please contact us by sending an email via the Member Feedback form.

2. THE SERVICE ACCOUNT REGISTRATION

When you complete the Service Account Registration process, you create a Membership Account ("Account") and become a Member ("Member") of the Service. Your Account allows you to participate in certain services and activities provided by the Service. To create an Account, you must select a legitimate, working email address that is registered in your name ("Login Identity") and a password. You may not use a Login Identity that is used by someone else, and your Login Identity cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Account.

A Member may have no more than one single active Account. SGI/Lottery reserves the right, without warning, to terminate the membership(s) of any individual who purposely establishes more than one single active Account.

A Member is solely responsible for all activity on his or her Account and for the security of his or her computer system. A member may not reveal his or her password to other users. SGI/Lottery will not ask a Member to reveal his or her password or ever initiate any contact with the Member asking for his or her password. (If a Member forgets his or her password, the Member can follow the procedures outlined at the Site.) A Member agrees to indemnify and hold SGI/Lottery harmless for any improper or illegal use of their Account. This includes illegal or improper use by someone to whom they have given permission to use their Account. A Member's Account is at risk if the Member lets someone use it inappropriately and the Account is subject to termination if the Member or anyone using the Member's Account violates the Terms. If a Member's Account is terminated, the Member may not join the Service again without our express permission, and SGI/Lottery will be under no obligation whatsoever to consider any request for reinstatement.

Termination Of Account

SGI/Lottery and the Member both have the right to terminate or cancel your Account or a particular subscription at any time. The Member understands and agrees that the cancellation of their Account or a particular subscription is their sole right and remedy with respect to any dispute with the Service and SGI/Lottery. This includes, but is not limited to, any dispute related to, or arising out of: (1) any part of the Terms or SGI/Lottery's enforcement or application of the Terms; (2) the content available through the Service or any change in content provided through The Service; (3) the Member's ability to access and/or use the Service.

A Member can cancel his or her Account by completing the Membership Cancellation Process located on the "My Account" page of the Site. In the event that a Member's Account terminated or canceled, the Member will have no further access to their Account or anything within the Service associated with it. At its discretion, SGI/Lottery may delete any other content at The Service that is associated with the Account. Active Members may not allow former Members whose Account has been terminated by The Service to use their Accounts.

3. ONLINE CONTENT

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on The Service. SGI/Lottery provides most of the Content on The Service. It is possible through certain activities for Content to be provided by Members. Content created by Members includes any email written by and distributed by a Member via any email Member Feedback function within The Service.

Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Service. Member content on the Service is monitored by SGI/Lottery. SGI/Lottery reserves the right to prevent the publication of Content that is objectionable to us for any reason. This determination is at SGI/Lottery's sole discretion, and is final. SGI/Lottery does not assume any liability for any failure to remove, or any delay in removing, Content.

If SGI/Lottery prevents the publication of Content created by a Member, SGI/Lottery may send you a warning. If it's a serious offense or the Member has violated the Terms previously, SGI/Lottery may ban the Member from participating on the Service and terminate their Account.

4. ONLINE CONDUCT

Online conduct ("Conduct") should be guided by common sense, basic etiquette and rules, policies and statutes of the Massachusetts Lottery and the State of Massachusetts. We have zero tolerance for illegal or inappropriate Conduct on Red Carpet VIP Club. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We will terminate your use of Red Carpet VIP Club and cooperate with appropriate law enforcement agencies in investigating any illegal behavior.

You agree that you will be personally responsible for your Conduct on Red Carpet VIP Club and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless MDI/LOTTERY, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Red Carpet VIP Club, including any Content that you contribute.

Second Chance Internet Entry Promotions

For the purpose of submitting Internet entries in second chance promotions offered by the Massachusetts Lottery by means of the Red Carpet VIP Club, you agree that you will be logged in from inside the boundaries of the Commonwealth of Massachusetts.

You will violate the Terms of Service if you (or others using your Account) do any of the following:

Post, transmit, promote, or distribute Content that is illegal.
Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable or inappropriate. Hate speech is not tolerated.
Impersonate another person (including celebrities), indicate that you are an SGI/Lottery employee or a representative of the Massachusetts Lottery or The Service, or attempt to mislead users by indicating that you represent SGI/Lottery or any of SGI/Lottery 's partners or affiliates.
Establish or participate in the establishment of additional Member Accounts beyond the permissible limit of one Member Account per person for any purpose whatsoever.
Attempt to get a password, other account information, or other private information from a Member or any other user on The Service. Remember: SGI/Lottery employees will NEVER ask for your password. Don't give your password out to anyone.
Upload any software or Content that you do not own or have permission to freely distribute. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Improperly use or make false reports via the Service Member Feedback emails.
Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
You may not modify any part of the Service that SGI/Lottery does not specifically authorize you to modify.
You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.
You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
You will not exploit any bug in the Service to gain unfair advantage in any activity and you will not communicate the existence of any such bug to any other user of the Service.
You will not do anything that interferes with the ability of other users to enjoy using the Service, in accordance with its rules, or that materially increases the expense or difficulty of SGI/Lottery in maintaining the Service for the enjoyment of all its users.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Member Feedback" email service.

Public Nature of Communications

SGI/Lottery is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.

Once you post or send any Content to the Service, you expressly grant SGI/Lottery the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your online identity, and without any notice or compensation to you of any kind. Additionally, except where prohibited by Massachusetts Statute, you expressly grant SGI/Lottery permission to include your name and hometown in association with your winning a prize or being selected or designated a winner in any contest, promotion, project, drawing or other competition as may be available on the Service from time to time and that you have voluntarily participated in as a Member.

Commercial Activity and Unsolicited Email

You may not advertise any goods or services on the Service. Chain letters and pyramid schemes are not allowed. You may not use any aspect of the Service to collect information, including login identity/online identities, about Members, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit the Service, or any services offered on the Service for any commercial purpose. Any violation of these provisions can subject your Account to immediate termination and further legal action.

Use of Machines, Computers, Scripts

The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. At its sole discretion, SGI/Lottery may terminate and permanently disqualify any Member who is determined to be in violation of the Terms. All decisions by SGI/Lottery are final.

Proprietary Rights; Copyrights and Trademarks

Some of the Content available on the Service is owned by SGI/Lottery or other third parties, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from the Service unless we have expressly authorized you to do so.

You must have the legal right to upload any Content to the Service before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Service, unless SGI/Lottery expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on the Service can lead to the termination of your The Service Account and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless SGI/Lottery and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

The Service Software

Some activities on The Service may require that you download software from SGI/Lottery or its licensors onto your computer. SGI/Lottery grants to you a non-exclusive, limited license to use The Service Software as required to use the Service. You may not sub-license, or charge others to use or access the Service Software. You may not use the Service Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Service Software. You may not modify the Service Software or use it in any way not expressly authorized in writing by SGI/Lottery. You understand that SGI/Lottery's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by SGI/Lottery may vary depending on your computer and other equipment.

NEITHER SGI/LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SERVICE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

The Service Software may be subject to United States export controls. By downloading the Service Software, you warrant that you are not located in any country, or exporting the Service Software to any person or place, to which the United States has embargoed goods.

Export Control Laws

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or the Service Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to The Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

User's Computer Information

When you connect to the Service, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of The Service Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by parties other than SGI/Lottery. Those sites may collect data or solicit personal information from you. SGI/Lottery does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

5. LIMITATIONS ON WARRANTY AND LIABILITY.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, THE SERVICE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, THE SERVICE SOFTWARE, SGI/LOTTERY PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SGI/LOTTERY PROVIDES THE SERVICE AT NO CHARGE TO MEMBERS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SGI/LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SGI/LOTTERY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT SGI/LOTTERY, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF THE SERVICE SOFTWARE. IN NO CASE SHALL SGI/LOTTERY OR THE SERVICE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SGI/LOTTERY AND AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SGI/LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6. INDEMNIFICATION

Upon request by SGI/Lottery, you agree to defend, indemnify and hold harmless SGI/Lottery and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on the Service. SGI/Lottery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to SGI/Lottery in that matter. This Section shall survive termination of this Agreement.

7. OTHER LEGAL TERMS

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Terms and the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The laws of the States of Massachusetts and Georgia govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SGI/Lottery or relating in any way to your Membership or your use of The Service resides in the courts of Massachusetts or Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Massachusetts or Georgia in connection with any such dispute including any claim involving SGI/Lottery or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

Features of The Service may contain Adobe® Shockwave® Player and Adobe® Flash® Player software by Adobe Systems Incorporated. Copyright ©2016 Adobe Systems Incorporated. All rights reserved. Adobe, Shockwave and Flash are either registered trademarks or trademarks of Adobe Systems in the United States and/or other countries. All other trademarks are the property of their respective owners.