Mobile Messaging Terms & Conditions
Effective date: August 1, 2020
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE TERMS IN THEIR ENTIRETY
Modification of Terms: We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. If you are opted into a program, any updates to these Terms that we consider to be material shall be communicated to you by mobile message with a link to the updated Terms. Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program. You are expected to check this page each time you access the Program so you are aware of any changes, as they are binding on you.
User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages (including text messages. SMS, MMS, or other similar types of messages) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase or obtain any services from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply “STOP” to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning Our commercial activities and your relationship with Us, including, but not limited to, lottery offers, promotions and advertisements, winning number information, jackpot alerts, purchase reminders, news, information, and other types of commercial and informational messages from Us.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to 53440 or email Us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the User Opt Out procedures set forth above in the “User Opt Out” section.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Disclaimers and Limitations of Liability
Disclaimer of Liability. We are not liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of your access to, use of, or inability to use, the Program or any material from the Program, including but not limited to damages caused by any failure of performance, interruption, error, omission, deletion, defect, delay in operation or transmission, computer virus, security, communication line failure, theft, 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.
Disclaimer of Warranty. Without limiting the foregoing, the Program and the material provided on the Program are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Age Restriction: You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18), and are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program. We reserve the right to verify your age and/or identity and eligibility at any time. Any failure to cooperate with Us in this respect may result in the suspension and/or termination of your participation in the Program. Eligibility determinations are made by Us, in our sole discretion.
Jurisdictional Requirements: The Program is not to be used by persons present in jurisdictions in which participation is prohibited or restricted. You agree that the availability of the Program does not constitute an offer, solicitation or invitation by Us for the use of the Program in any jurisdiction in which such activities are prohibited or restricted. We reserve the right to deny access to the Program to anyone at our sole discretion.
Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name, mobile number, or other information, or a name or mobile number that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program or are participating in the program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
Delays and Failures of Communications: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Use Prohibitions: You agree to access and use this Program only for lawful reasons. You are responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of this Program. You are prohibited from using this Program in a way that:
Third Party Content: The information presented on or through the Program is made available solely for general information purposes. The Program may contain links to third party web sites, mobile sites, and/or applications. These links are provided solely as a convenience to you. If you click on any of these links, you will leave the Program. We do not control, and are not responsible for, any third party sites and applications or their content. Therefore, we do not endorse or make any representations about third party sites and applications, or any information, products, or materials found there. If you access any of the third party sites and applications linked to this Program, you do so entirely at your own risk.
Resolving Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Let's Try to Work Things Out. We want to address your concerns without litigation. Before filing a claim against Us or any provider acting on our behalf, you agree to try to resolve the dispute informally by contacting [email protected] We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or We may bring a formal arbitration proceeding as described below.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Program Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Seattle, WA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) or JAMS then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules. Unless otherwise directed by AAA or JAMS, within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days (or the time period specified by AAA or JAMS) either party may petition the AAA or JAMS to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to Us that must be postmarked within 30 days of your first acceptance of these Terms of Service. The letter must specify your first and last names, mobile number used in the Program, mailing address, and explain that you are opting out of this arbitration provision for LotteryZone. The letter should be sent to: GraphicBomb, 113 Cherry St #31833, Seattle, WA 98104 USA.
Intellectual Property Rights
Copyright Information and Non-Commercial Use Limitation. The Program and its content are owned by Us, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Our name, Our logo and all related names, logos, product and service names, designs and slogans are trademarks of Us or Our affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.
We are committed to ensuring the lottery does not turn from a game of fun into a financial issue. If you need additional support, the National Council on Problem Gambling (NCPG) offers a number of resources on their website as well as 24-hour confidential helpline at 1-800-522-4700.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.
We may assign our rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, We shall be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms of Service without or prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.