1. Binding Terms and Conditions
The Tennessee 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.
Using this 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.
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, 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 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 FORM.
2. VIP Players Suite® ACCOUNT REGISTRATION.
When you 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.
Only players 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.
You may 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.
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 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.
Termination of Account.
SGI/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 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®.
You can cancel your Account by delivering notice to VIP Players Suite® Member Services Department via the e-mail FEEDBACK FORM. , or you can log in to your Account and visit the Cancel Membership page to cancel your Account. If you do not log in to the VIP Players Suite® for one (1) year, your Account will be disabled automatically. Prior to an Account being disabled, the Account holder will receive an email stating that the Account will be disabled if not accessed by a specific date. In the event that your Account is terminated, disabled 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 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, licensed property games, Play it Again!, or sweepstakes or contests 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 Account. If your Account is disabled for inactivity, you are permitted to register for a new VIP Players Suite® account.
3. ONLINE CONTENT.
By "Content," 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®.
Vulgar 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 your Account.
Sending an e-mail via FEEDBACK FORM that includes inappropriate Content may result in termination of your Account.
4. ONLINE CONDUCT.
Online 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.
You agree 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 contribute.
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 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 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 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.
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 E-MAIL SERVICE.
Public Nature of Communications.
SGI/LOTTERY is not responsible for information that you choose to communicate to other users on VIP Players Suite®, or for the actions of other users.
Once you 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.
Commercial Activity and Unsolicited E-mail.
You may 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.
Use of Machines, Computers, Scripts.
The use 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.
Proprietary Rights; Copyrights and Trademarks.
Much of 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.
You must 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.
VIP Players Suite® Software.
Some activities 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.
NEITHER 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.
VIP Players 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.
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 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.
User's Computer Information.
Links to Third-Party Sites.
VIP Players 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.
5. LIMITATIONS ON WARRANTY AND LIABILITY.
YOU EXPRESSLY 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.
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, 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 LIAB