Binding Terms and Conditions
Education Lottery Corporation's VIP Players Suite® (the "Service"
or “VIP Players Suite®), is comprised of the WEBSITE and
affiliated sites, (collectively, the "Site"), and offers various information,
activities and services related to the Tennessee Education Lottery Corporation (the
"LOTTERY"). Scientific Games International, Inc. ("SGI")
manages the operation of the Site on behalf of the Lottery. SGI/LOTTERY shall
mean both SGI and the Lottery.
and Site are subject at all times to terms and conditions as specified in the Terms
of Use, as may be amended from time to time (the "Terms"), the Privacy
Policy, the policies, procedures and statutes of the LOTTERY and the State of Tennessee,
and SGI policies and procedures (collectively, the “Governing Law”). Your
use of the Service, the Site and any associated materials is conditioned on your
acceptance without modification of these Terms.
Site signifies your knowledge of and agreement to be bound by the Terms and Governing
Law. 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.
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,
but we may choose to do so.
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
VIP Players Suite®, SGI and the LOTTERY shall resolve the conflict at their sole
discretion. If you have questions about these Terms, please contact us by
sending an e-mail via the FEEDBACK
VIP Players Suite® ACCOUNT REGISTRATION.
complete the VIP Players Suite® registration process, you create a VIP
Players Suite® Account (“Account”) and become a VIP Players Suite® Member
("Member"). Your Account allows you to participate in certain services
and activities on VIP Players Suite. To create an Account, you must select a legitimate,
working e-mail address that is registered in your name ("LOGIN IDENTITY")
and a password. You may also select a nickname ("ONLINE IDENTITY").
If you do not select a nickname, your ONLINE IDENTITY will be assigned automatically
by the system. You may not use a LOGIN IDENTITY/ONLINE IDENTITY that is used
by someone else, and your LOGIN IDENTITY/ONLINE IDENTITY cannot be vulgar, or otherwise
offensive, or be used in any way that violates the Terms.
18 or older are eligible 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 VIP Players Suite® Account. SGI/LOTTERY
reserves the right to terminate your membership in the VIP Players Suite®(“Membership”)
without notice if you purposely provide false, inaccurate or misleading information
when creating your Account.
have no more than one active Account. SGI/LOTTERY reserves the right, at its
discretion and without warning, to: (i) terminate the membership (“Membership”)
of any individual who establishes more than one active Account or (ii) terminate
all the Accounts registered to the individual except one. The LOTTERY shall
determine, at its sole discretion, which Account shall remain open if it opts to
terminate the multiple Accounts.
solely responsible for all activity on your Account and for the security of your
computer system. You may not reveal your password to other users. SGI/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 at VIP Players Suite®.) You agree to indemnify and hold
SGI/LOTTERY harmless for any improper or illegal use of your Account. This
includes 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 Players Suite® again
without our express permission, and SGI/LOTTERY will be under no obligation whatsoever
to consider any request for reinstatement.
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 Players Suite® and SGI/LOTTERY.
This includes, but is not limited to, any dispute related to, or arising out of:
(1) any term of these Terms or SGI/LOTTERY's enforcement or application of these
Terms; (2) the Content (as defined in paragraph 3, below) available through VIP
Players Suite® or any change in Content provided through VIP Players Suite®;
(3) your ability to access and/or use VIP Players Suite®.
cancel your Account by delivering notice to VIP Players Suite® Member Services
Department via the e-mail FEEDBACK
FORM. Your Account will be disabled automatically if you do
not log in to the VIP Players Suite® for one (1) year. You may have your disabled
account re-instated if notice is provided to the TEL within one (1) month of the
account being disabled. If notice is received after one (1) month, you must register
for a new VIP Players Suite ® account. In the event that your Account is terminated,
disabled (and not re-instated) or canceled, you will have no further access to your
Account or anything within VIP Players Suite® associated with it (except as
described below). Any 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, licensed
property games, Play it Again!, or sweepstakes or contest will remain
eligible for the drawing, sweepstake or contest. At its discretion, SGI/LOTTERY
may delete any other content at VIP Players Suite® that is associated with
the Account. Active Account holders may not allow former Account holders whose
Account has been terminated to use their Accounts. If your Account is disabled for
inactivity (and not re-instated), you are permitted to register for a new VIP Players
we mean the software, communications, images, sounds, and all the material and information
you see on VIP Players Suite®. SGI/LOTTERY provides most of the Content on
VIP Players Suite®. It is possible through certain activities and services
for Content to be provided by VIP Players Suite® Members. Content created
by Members includes any e-mail written by and distributed by a Member via any e-mail FEEDBACK FORM function
within VIP Players Suite®.
language, crude or explicit sexual references, discussions of illegal drugs, and
hate speech are always inappropriate Content for VIP Players Suite®. Member
content on VIP Players Suite® is monitored by SGI/LOTTERY. We reserve
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.
SGI/LOTTERY does not assume any liability for any failure to remove, or any delay
in removing, Content.
If we prevent
the publication of Content that you created, we may, although we are not obligated
to, send you a warning. If it's a serious offense or you've violated our rules
before, we may ban you from participating on VIP Players Suite® and may terminate
an e-mail via FEEDBACK FORM that includes inappropriate Content may result in termination
of your Account.
conduct ("Conduct") should be guided by common sense, basic etiquette
and the Governing Law. We have zero tolerance for illegal or inappropriate
Conduct on VIP Players Suite®. 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 use of VIP Players Suite®, terminate your Account (remove
the tm reference )and cooperate with appropriate law enforcement agencies in investigating
any illegal behavior.
that you will be personally responsible for your Conduct on VIP Players Suite® and
for all of your communication and activity on the Service, including any Content
you contribute, and that you will indemnify and hold harmless SGI, the LOTTERY,
and their affiliates, employees, officers, and directors from any liability or damages
arising from your conduct on VIP Players Suite®, including any Content that you
violate the Terms of Service if you (or others using your Account) do any of the
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 SGI/LOTTERY or VIP Players Suite® 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 VIP Players Suite®. Remember: SGI/LOTTERY
employees will NEVER ask for your password. Don't give your password out to
Upload any software or Content that you do not own or have permission to freely
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 e-mails.
Use or distribute "auto" software programs, "macro" software
programs or other "cheat utility" software programs or applications.
You may not modify any part of VIP Players Suite® that SGI/LOTTERY does not
specifically authorize you to modify.
You must obey all applicable laws, regulations and rules wherever you are on VIP
Players Suite®. 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 VIP Players Suite®.
You will not exploit any bug in the Service to gain unfair advantage in any VIP
Players Suite® 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 VIP Players Suite® 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.
encounter another user of the Service who is violating any of the Rules of Conduct
described above, please report them using the FEEDBACK
FORM E-MAIL SERVICE.
Nature of Communications.
is not responsible for information that you choose to communicate to other users
on VIP Players Suite®, or for the actions of other users.
post or send any Content to VIP Players Suite®, you expressly grant SGI/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 your ONLINE IDENTITY, and without any notice or compensation to you of any kind.
Additionally, except where prohibited by law, you expressly grant SGI/LOTTERY 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, sweepstakes,
drawing or other competition as may be available on VIP Players Suite® from
time to time and that you have voluntarily participated in such activity as a Member.
Activity and Unsolicited E-mail.
not advertise any goods or services on VIP Players Suite®. Chain letters and
pyramid schemes are not allowed. You may not use any aspect of VIP Players
Suite® to collect information, including login identity/online identities,
about VIP Players Suite® Members, and use of such information to send unsolicited
e-mail or for any other purpose is strictly prohibited. You may not exploit
VIP Players Suite®, or any services offered on VIP Players Suite® for any commercial
purpose. Any violation of these provisions can subject your VIP Players Suite® Account
to immediate termination and further legal action.
Machines, Computers, Scripts.
of machines, computers, scripts or any automated system on VIP Players Suite® is
strictly prohibited and may result in criminal liability under the Computer Fraud
and Abuse Act, 18 United States Code Section 1030. SGI/LOTTERY may terminate
and permanently disqualify any Members who, in its sole discretion, it determines
as being in violation of these Terms. All decisions by SGI/LOTTERY are final.
Rights; Copyrights and Trademarks.
the Content available on VIP Players Suite® is owned by SGI/LOTTERY or our
licensors, and is protected by copyrights, trademarks, and other intellectual property
rights. You shall not copy or download any Content from VIP Players Suite® unless
we have expressly authorized you in writing to do so.
have the legal right to upload any Content to VIP Players Suite® 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
Players Suite®, unless SGI/LOTTERY expressly authorizes you to do so in writing.
Making unauthorized copies of any Content found on VIP Players Suite® can lead
to the termination of your VIP Players Suite®™ 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,
the LOTTERY and their subsidiaries, affiliates, related companies, employees, officers,
directors, vendors and agents.
on VIP Players Suite® may require that you download software from SGI/LOTTERY
or its licensors onto your computer. SGI/LOTTERY grants to you a non-exclusive,
non-transferable, limited license to use VIP Players Suite® Software as required
to use our Service. You may not sub-license, or charge others to use or access
VIP Players Suite®(Delete the “tm”) Software. You may not use VIP Players
Suite® Software for any other purpose. You may not translate, reverse-engineer,
reverse-compile or decompile, disassemble or make derivative works from VIP Players
Suite® Software. You may not modify VIP Players Suite® 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.
SGI/LOTTERY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION
WITH YOUR DOWNLOAD OR USE OF THE VIP Players Suite® 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.
Suite®(delete the “tm”) Software may be subject to United States export controls.
By downloading VIP Players Suite® Software, you warrant that you are not located
in any country, or exporting VIP Players Suite®(delete the ™) Software
to any person or place, to which the United States has embargoed goods.
to abide by U.S. and other applicable export control laws and not to transfer, by
electronic transmission or otherwise, any Content or VIP Players Suite® 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 Players Suite® 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.
connect to VIP Players Suite®, 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 VIP Players Suite® Software. We will not
collect any personal information about you, however, except as provided in our Privacy
Suite® may include hyperlinks to web sites operated by parties other than SGI/LOTTERY
including advertisers and other content providers. 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.
LIMITATIONS ON WARRANTY AND LIABILITY.
AGREE THAT THE USE OF VIP Players Suite®, VIP Players Suite® SOFTWARE, AND
THE INTERNET IS AT YOUR SOLE RISK. VIP Players Suite®, VIP Players Suite ® 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.
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.
AND AGREE THAT SGI, THE LOTTERY, AND THEIR SUBSIDIARIES, LICENSORS, AFFILIATES,
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 VIP Players Suite® SOFTWARE. IN NO CASE SHALL SGI,
THE LOTTERY, OR THEIR SUBSIDIARIES, LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS,
DIRECTORS, SUBCONTRACTORS OR VENDORS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF VIP Players Suite® VIP Players Suite® SOFTWARE,
THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP
WITH VIP Players Suite®. 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 SGI, THE LOTTERY AND THEIR AFFILIATES,
SUBSIDIARIES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS AND VENDORS 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 VIP Players Suite® 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.
to defend, indemnify and hold harmless SGI, the LOTTERY and their affiliates, subsidiaries,
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 transmission of any Content on VIP Players Suite®.
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.
OTHER LEGAL TERMS.
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
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 Players Suite® from a computer located within
the United States in order to enter second chance drawings and Play it Again! Drawings.
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.
of the States of Tennessee 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 VIP Players Suite® 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
SGI/LOTTERY or its affiliates, subsidiaries, employees, contractors, subcontractors,
officers, directors, vendors and content providers.