About Lottery

BINDING TERMS AND CONDITIONS.

The Tennessee Education Lottery Corporation's VIP Rewards Program is comprised of the tnviprewards.com website (the "Website") and the TN Lottery application for mobile devices (the "App"; the Website and the App collectively are referred to as the "Service"). The Service offers various information, activities and services related to the Tennessee Education Lottery Corporation (the "LOTTERY"). The Service is managed on behalf of the LOTTERY by a third party. The Service and use of the Website and App are subject at all times to terms and conditions as specified in these Terms of Use, as may be amended from time to time (the "Terms"), the Privacy Policy, the policies and procedures of the LOTTERY, and the statutes and laws of the State of Tennessee (collectively, the "Governing Law"). Your use of the Service and any associated materials is conditioned on your acceptance without modification of these Terms.

Using this Service signifies your knowledge of and agreement to be bound by the Terms and Governing Law. The LOTTERY may update or revise the Terms, Service, Website or App at any time without notice. Any modifications to the Terms will be effective immediately, whether or not posted to the Website or to the App. You are responsible for reviewing the Terms periodically for any such modifications. Your continued use of the Service means that you accept all such modifications, updates or revisions. If you do not agree to the Terms, your only remedy is to cease to access the Service and to cancel your Account (as defined below).

If you violate these 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.

The Terms and any posted rules or instructions regarding a particular game, activity, contest, drawing, sweepstakes or other service, constitutes the entire agreement between you and the 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 Website or App, the LOTTERY shall resolve the conflict at their sole discretion. If you have questions about these Terms, please contact us by email via VIP@tnlottery.com or the FEEDBACK FORM.

ACCOUNT REGISTRATION.

When you complete the registration process on the Website or App, you create a VIP Rewards account ("Account") and become a VIP Rewards member ("Member"). Your Account allows you to participate in certain services and activities on the Website and App.

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 must be 18 or older to have an Account. You may not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Account. The LOTTERY reserves the right to terminate your membership in VIP Rewards ("Membership") without notice if you provide false, inaccurate or misleading information when creating your Account.

You may have no more than one (1) active Account. The LOTTERY reserves the right, at its discretion and without warning, to: (i) terminate the Membership of any individual who establishes more than one (1) active Account or (ii) terminate all the Accounts registered to a Member except one. The LOTTERY shall determine, at its sole discretion, which Account shall remain open if it opts to terminate the multiple Accounts of a Member.

You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to others. The LOTTERY will not ask you to reveal your password and will not initiate any contact with you asking for your password. (If you forget your password, you can follow the procedures outlined on the Website or App.) You agree to indemnify and hold harmless the LOTTERY for any improper or illegal use of your Account, including, but not limited to, illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates our Terms. If your Account is terminated, you may not join VIP Rewards again, and the LOTTERY will be under no obligation whatsoever to consider any request for reinstatement.

TERMINATION OF ACCOUNT.

The LOTTERY and you both have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with VIP Rewards and the LOTTERY. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms or the LOTTERY's enforcement or application of these Terms; (2) the Content (as defined in paragraph 4, below) available through the Service or any change in Content provided through the Service; (3) your ability to access and/or use the Service.

You can cancel your Account by logging in to your Account and visiting the Cancel Membership page. In the event that your Account is canceled, you will have no further access to your Account or anything within the Service associated with it (except as described below). Any unused VIP Rewards Points that have been accumulated in the Account will be voided upon Account termination, disabling or cancellation. Any live entry for any second chance drawing, including, but not limited to, VIP Rewards Drawings, Play it Again! Drawings, Second Chance Drawings, or other drawings or contests, will remain eligible for the drawing or contest. At its discretion, the LOTTERY may delete any other content on the Service that is associated with the Account. Active Account holders may not allow former Account holders whose Account has been terminated to use their Account. If you cancel your Account, you are permitted to register for a new Account.

ONLINE CONTENT.

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on the Website or the App. The LOTTERY provides most of the Content used in the Service. It is possible through certain activities and services for Content to be provided by Members. Content created by Members includes any email written by and distributed by a Member via any email FEEDBACK FORM function within the Service.

Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content. The Service is monitored by the Tennessee Lottery VIP Member Support. The LOTTERY reserves the right to prevent the publication of Content that is objectionable to us for any reason. This determination is at our sole discretion, and is final. The LOTTERY does not assume any liability for any failure to remove, or any delay in removing, Content. Sending an email via FEEDBACK FORM that includes inappropriate Content may result in termination of your Account.

If we prevent the publication of Content that you created, we may, although we are not obligated to, send you a warning. If it is a serious offense or you have violated our rules before, we may ban you from participating in VIP Rewards and may terminate your Account.

ONLINE CONDUCT.

Online conduct ("Conduct") should be guided by common sense, basic etiquette and the Governing Law. The LOTTERY has zero tolerance for illegal or inappropriate Conduct in connection with use of the Service. You also must 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 Account and cooperate with appropriate law enforcement agencies in investigating any illegal behavior.

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

You 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, or attempt to mislead users by indicating that you are an employee, representative, partner or affiliate of the LOTTERY or one of its vendors.
• Establish or participate in the establishment of additional Accounts beyond the permissible limit of one 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 of the Service. Remember: LOTTERY employees will NEVER ask for your password. Do not 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 FEEDBACK FORM or VIP@tnlottery.com
• Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications.
• Modify any part of the Service that the LOTTERY does not specifically authorize you to modify.
• Do not obey all applicable laws, regulations and rules related to the Service in the jurisdiction in which you access 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.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Website or the App.
• Exploit any bug in the Service to gain unfair advantage in any VIP Rewards activity or communicate the existence of any such bug to any other user of the Service.
• Do anything that interferes with the ability of other users to enjoy using VIP Rewards in accordance with these Terms, the VIP Rewards Drawing Rules, or that materially increases the expense or difficulty of the LOTTERY in maintaining the Service.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the FEEDBACK FORM EMAIL SERVICE OR VIP@TNLOTTERY.COM

Public Nature of Communications.

The LOTTERY is not responsible for information that you choose to communicate to other users on VIP Rewards, or for the actions of other users.

Once you post or send any Content to VIP Rewards, you expressly grant the LOTTERY the complete and irrevocable permission and 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 you or your ONLINE IDENTITY, and without any notice or compensation to you of any kind. Additionally, except where prohibited by law, you expressly grant the LOTTERY to include your name and hometown in association with you winning a prize or being selected or designated a winner in any drawing, contest, promotion, project, sweepstakes or other competition as may be available on VIP Rewards and that you have voluntarily participated in such activity as a Member.

Commercial Activity and Unsolicited Email.

You may not advertise any goods or services on VIP Rewards. Chain letters and pyramid schemes are not allowed. You may not use any aspect of the Service to collect information, including login identity and 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 VIP Rewards, the Service, or any services offered on VIP Rewards 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 VIP Rewards is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, 18 United States Code Section 1030.The LOTTERY may terminate and permanently disqualify any Member who, in its sole discretion, it determines as being in violation of these Terms. All decisions by the LOTTERY are final.

Proprietary Rights; Copyrights and Trademarks.

Much of the Content available on VIP Rewards is owned by the LOTTERY, its vendors or its licensors, and is protected by copyrights, trademarks, and other intellectual property rights. Intellectual property rights include any patents, trademarks, trade names, service marks, service names, copyright, design right, database right, trade secret and other confidential information whether owned by the LOTTERY, its vendor or licensor. You shall not copy, distribute, publish, license, use, reproduce in any way or download any Content from VIP Rewards unless we have expressly authorized you in writing to do so or as otherwise permitted in these Terms.

You must have the legal right to upload any Content to VIP Rewards 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 VIP Rewards, unless the LOTTERY expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on VIP Rewards can lead to the termination of your 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 the LOTTERY and its employees, officers, directors, vendors and agents.

VIP Rewards Software ("Software").

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

NEITHER THE LOTTERY NOR ITS VENDORS OR LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR DOWNLOAD OR USE OF THE 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.

Export Control Laws.

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

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 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 VIP Rewards 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, Tablet and Smartphone 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 Software. We will not collect any personal information about you, except as provided in our Privacy Policy or that you allow.

One of the ways you may allow us to collect personal information about you or your computer information is through push notifications. Push notifications are messages or alerts that are sent to the mobile device of a user. We must obtain your consent to deliver push messages to your mobile device. If you consent to receive push notifications, we may collect and process information that you provide to us for the purpose of subscribing to our push notifications. This data may be used for the purposes of sending you the relevant push notifications. You may opt out of receiving push notifications at any time by adjusting the settings associated with our mobile application.

Links to Third-Party Sites.

VIP Rewards may include hyperlinks to web sites operated by parties other than the LOTTERY, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. The 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.

LIMITATIONS ON WARRANTY AND LIABILITY.

YOU EXPRESSLY AGREE THAT THE USE OF VIP REWARDS, THE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. VIP REWARDS, THE SOFTWARE, 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. THE LOTTERY PROVIDES THE SERVICE AT NO CHARGE TO MEMBERS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE, WEBSITE OR APP AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE LOTTERY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

THE LOTTERY MAKES NO WARRANTY OR REPRESENTATION AS TO THE QUALITY, CORRECTNESS, TIMELINESS, COMPLETENESS OR VALIDITY OF INFORMATION OF CONTENT THAT APPEARS ON THE WEBSITE OR IN THE APP.

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

YOU ACKNOWLEDGE AND AGREE THAT THE LOTTERY, AND ITS LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS AND VENDORS 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 SOFTWARE. IN NO CASE SHALL THE LOTTERY, OR ITS LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, SUBCONTRACTORS OR VENDORS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF VIP REWARDS, THE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH VIP REAWRDS. 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, THE LIABILITY OF THE LOTTERY AND ITS LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS AND VENDORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE LOTTERY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH VIP REWARDS 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.

INDEMNIFICATION.

In addition to the other indemnification requirements in these Terms, you agree to defend, indemnify and hold harmless the LOTTERY and its employees, contractors, officers, directors, subcontractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms or Governing Law for which you are responsible or in connection with your use of or interaction with the Service. The LOTTERY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.

OTHER LEGAL TERMS.

You agree that these Terms 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 of Use and the LOTTERY's 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. You agree that you must access VIP Rewards from a computer located within the United States in order to enter second chance drawings, VIP Rewards Drawings, Play it Again! Drawings, Second Chance Drawings, or any other contest or drawing involving the Services.

The LOTTERY may revise these Terms in its sole discretion and without notice to you. When and if revised, the revised Terms shall be effective and binding upon you as of the revision date.

The laws of the States of Tennessee govern these Terms 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 the LOTTERY or relating in any way to your Membership or your use of the Services resides in the courts of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee or in connection with any such dispute including any claim involving the LOTTERY or its employees, contractors, subcontractors, officers, directors, vendors and content providers.

Updated November 14, 2021.