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This website is for the use of adults in the Province of Ontario, Canada. Lottery and charitable gaming products are only available to those persons 18 years of age and over, while casinos and slot facilities in Ontario are restricted to those persons 19 years of age and over. >
LOTTERY PROMOTIONS HEADLINE
1 INTRODUCTION
This?OLG.ca Player Agreement?– Terms and Conditions of Use?for?OLG.ca?contains the terms and conditions that govern the use of OLG's?OLG.ca?online gaming?platform. By checking the?“accept“?box,?an Intending Player,?Prospective Player,?or a Player is?confirming?that?they?understand and agree?to be bound by?the terms and conditions of this?Agreement. If?a Prospective Player, Intending Player,?or a Player does not?agree with any of the terms and conditions of this?Agreement,?the individual?(i)?is?not?permitted?to?register an account with?OLG.ca, and (ii)?if?the individual?already has?a Player Account (as defined in Section?2?below),?they are?not permitted?to?log into?their?Player Account?and?play any?Games?or purchase any products that are offered?on?or through?OLG.ca.
OLG reserves the right to revise?this?Agreement from time to time?in such manner?as OLG, in its sole discretion, determines to be appropriate. OLG will post a notice on?OLG.ca advising?Players when?this?Agreement has been revised, and?Prospective Players (prior to registering an account with?OLG.ca), Intending Players (prior to?completion of the?registration for a?Player Account)?and Players (prior to logging into their Player Account)?will be required?to acknowledge and agree to be bound by the revised terms and conditions?from and after that date. Each Prospective Player, Intending Player,?and Player?is?responsible for familiarizing?themselves?with?all of?the terms and conditions of this?Agreement?and ensuring that?they?understand?and agree to be bound by?them prior to?registering an account with?OLG.ca?or?logging-in to their?Player Account.
In the case of a Prospective Player, Intending Player,?or a Player?breaching?or otherwise?failing?to comply with the terms and conditions of this Agreement,?OLG will have the right to exercise?any or all of?the remedies?described in this Agreement?or otherwise available to it at law or in equity. Those remedies may include, for example,?(i)?the right?to terminate?a Prospective Player's, Intending Player’s,?or a Player's?eligibility to?register or maintain a Player Account,?(ii)?to?lock,?Suspend,?and/or?Deactivate?a?Player Account, and?(iii)?to retain any or all Unutilized Funds?(as defined in?Section?2 below)?associated with a Player Account.
THIS IS AN IMPORTANT DOCUMENT THAT GIVES UP SOME OF YOUR LEGAL RIGHTS, PLEASE READ WITH CARE. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY INCLUDING LIMITING OLG’S LIABILITY TO YOU FOR NEGLIGENCE. 2 DEFINITIONS
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
“ AGCO”?means the?Alcohol?and Gaming Commission of Ontario and the successors thereof;
“ AGCO Standards” means the?Registrar’s Standards for Gaming?and the?Registrar’s Standards for Gaming: Lottery Sector, as?prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
“ AGCO iGaming Standards” means the?Registrar’s Standards for Internet Gaming;
“ Agreement”?means this?Player Agreement?– Terms and Conditions of Use for?OLG.ca, as amended?or replaced?from time to time?by OLG;
“ Bonus Funds”?means a notional?amount corresponding to Canadian dollars?that is loaded into a Player Account by OLG.?Bonus Funds,?subject to the applicable Bonus Funds Terms,?can be used by a Player to play?Pay-to-Play Games or Draw-Based?Lottery?Games Played?Online,?or both, without charge to the Player;
“ Bonus Funds Terms”?has the meaning specified in Section?8.1. Subject to Section?3?of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement;
“ Break”?has the meaning specified in?the Responsible Gambling and Self-Exclusion?Policy;
“ Business Day”?means any day other than a Saturday, a Sunday, a statutory holiday in Ontario or any day on which banks are not open for business in Toronto, Ontario;
“ Chargeback”?has the meaning specified in Section?6.4;
“ Closed Account”?means a Player Account that is described in?Section?11.1;
“ Close”?or?“ Closure”?means the act of a Player closing their Player Account?as described in Section?11.1;
“ Deactivate”?or?“ Deactivation”?means that a Player Account has been set to a Deactivated Account as described in Section?12.2;
“ Deactivated Account” has the meaning specified in Section?12.2;
“Direct Pay” means the online payment for the purchase of Draw-Based Lottery Games Played Online (subject to system availability), executed through the permitted payment card of the Player without the need to fund the Player Account, rather than through the use of Unutilized Funds and/or Bonus Funds.
“ Dormant Account”?means?a Player Account that is described in Section?10.2?but does not include the Player Account of a Self-Excluded Individual;
“ Downtime”?has the meaning specified in Section?15.2;
“ Draw-Based?Lottery?Game Played Online”?means any of the games made available through?OLG.ca?from time to time?that: (i)?constitutes a?“l(fā)ottery scheme”?for purposes of the?Criminal Code?(Canada), (ii)?requires the Player to?select a?set of numbers?or other play elements?(whether chosen by the Player?and/or?randomly generated), and (iii)?has its outcome or result being determined by a draw, but does not include any Pay-to-Play Game or any Play-for-Free Game.
“ Error”?has the meaning specified in Section?15.1;
“ Error Funds”?has the meaning specified in Section?15.1;
“ Event”?has the meaning specified in the applicable Pay-To-Play Game Rules;
“ Excluded Individual”?means?an?individual who?is?not permitted to?register an account with?OLG.ca?or, if?the?individual already has a Player Account, to maintain that Player Account?in an activated state, including:
? an?individual who does?not satisfy all of the eligibility criteria that are described in Section?4.1?of this Agreement;
? an?individual who has?been excluded from?OLG.ca by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
? an individual who is prohibited from accessing a gaming site or playing lottery schemes under Standard 3.01 or Standard 3.01.1 of the AGCO iGaming Standards, or any other relevant provision of the AGCO iGaming Standards or AGCO Standards, from time to time;
? an individual who has?registered for Self-Exclusion from a Casino (as defined in the AGCO?Standards), for the duration of the period of Self-Exclusion?(see?the Responsible Gambling and Self Exclusion Policy?for further information);
? a Self-Excluded Individual;
? an individual who is an employee of OLG or who, by contract or another arrangement with OLG, is prohibited from registering an account with?OLG.ca; and
? an individual who is an employee of an?“iGaming vendor”?or?“an iGaming entity”?(as such terms are defined in the OLG Rules Respecting iGaming Lottery Games?as?amended or replaced from time to time).
“ FINTRAC”?means the?Financial Transactions and Reports Analysis Centre of Canada?and the successors thereof;
“ Future Game Transaction”?has the meaning specified in Section?5.2;
“ Games”?means, collectively, Draw-Based?Lottery?Games Played Online, Pay-to-Play Games and Play-for-Free Games;
“ iGaming System”?means the system?that is?used by OLG?for the purpose of registering and administering Player Accounts, facilitating?the playing of Games by Players,?and paying?as;
“ Inactive Account”?means?a Player Account that is described in Section?10.1?but does not include the Player Account of a Self-Excluded Individual;
“ Intending Player”?means an individual described in Section?4.1;
“ Lottery Game Rules”?means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by OLG or the Interprovincial Lottery Corporation from time to time (in addition to this Agreement) which apply to?a?Draw-Based Lottery Game Played Online and?which are designated by OLG as Lottery Game Rules. Subject to?Section?3, the Lottery Game Rules are incorporated into and form part of this Agreement;
“ Mobile Applications”?means?any?application developed by?or on behalf of?OLG that Prospective Players and Players can install on their mobile device, such as mobile phone?or tablet,?and?through which?select?Games are made available to eligible Players from time to time;
“ Multi-Factor Authentication” has the meaning specified in Section 4.4.
“ Time-based One-time Password” has the meaning specified in Section 4.4.
“ OLG”?means Ontario Lottery and Gaming Corporation?and the successors thereof;
“ OLG.ca”?means OLG's websites and Mobile Applications through which select Games are made available to eligible Players from time to time;
“ OLG Internet Gaming Privacy and Cookie Policy”?means the OLG.ca?cookie and?privacy?policy, as amended or replaced by OLG from time to time. Subject to Section 3, the OLG Internet Gaming Privacy and Cookie Policy is incorporated into and forms part of this Agreement;
“OLG IP Rights”?has the meaning specified in Section?14.3;
“Pay-to-Play Game”?means any of the games or products made available through?OLG.ca?from time to time?that: (i)?constitutes a?“l(fā)ottery scheme”?for purposes of the?Criminal Code?(Canada), (ii)?requires the Player to place a bet or make a wager as a condition to entering the game, and (iii)?affords the Player a chance to win a Prize but does?not?include any Draw-Based?Lottery?Game Played Online or any Play-for-Free Game. Examples?of Pay-to-Play Games include Sports Betting Games Played Online and casino style games such as roulette and slots;
“Pay-to-Play?Game?Rules”?means the terms, conditions, explanations, rules and procedures (for example, how a Prize is won, the value and odds of winning Prizes for an individual Pay-to-Play Game, the Prize tiers within a Pay-to-Play Game) issued by OLG from time to time (in addition to this Agreement) which apply to a particular Pay-to-Play Game?and which are?designated?by OLG as Pay-to-Play Game Rules. Subject to?Section?3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
“Player”?means an individual?(for certainty, other than an?individual who is or becomes an?Excluded Individual)?who has successfully registered a Player Account that has not been?Suspended,?Deactivated,?or?Closed;
“Player Account”?means a Player's account?of notional funds corresponding to Canadian dollars that is?maintained on the iGaming System, and also includes the Player's registration information, deposit and withdrawal transaction history,?and?game-play information that the Player can access through?OLG.ca from time to time;
“Player Contact Information”?means a Player's contact information that is associated with a Player Account and stored in the iGaming System at the relevant time including, for example, the Player's name, e-mail address, mailing address and telephone number;
“Player-Initiated Transaction”?has the meaning specified in Section?10.1;
“Play-for-Free Game”?means any of the free games made available through?OLG.ca from time to time that?contain?some?the features of?a?“l(fā)ottery scheme”?for purposes of the?Criminal Code?(Canada) but?do?not?afford a chance to win a Prize?or require any payment to play;
“Player Support”?means?OLG.ca's?customer support services, which can be contacted in accordance with Section?18.1;
“Prize”?means a prize won by a Player from a Game in accordance with the applicable?Lottery?Game Rules?or Pay-to-Play Game Rules;
“Prospective Player”?means any individual who visits?OLG.ca but is not a Player;
“Responsible Gambling and Self-Exclusion Policy”?means the OLG?responsible?gambling policy relating?specifically?to OLG.ca, as amended or replaced by OLG from time to time. Subject to Section?3,?the Responsible Gambling and Self Exclusion Policy?is incorporated into and forms part of this Agreement;
“Self-Excluded Individual”?has the meaning specified in?the Responsible Gambling and Self-Exclusion Policy;
“Self-Exclusion”?has the meaning specified in?the Responsible Gambling and Self-Exclusion Policy;
“Sports Betting Games Played Online” means Pay-to-Play Games made available through OLG’s online sports betting platform.
“Suspended Account”?has the meaning specified in Section?12.1;
“Suspend”?or “Suspension”?means that a Player Account has been set to a?Suspended?Account as described in Section?12.1;
“Unutilized Funds”?means any?notional?funds?corresponding to Canadian dollars that are credited to a Player?Account, including?Prizes?but excluding Bonus Funds, that?have?not?been?used by the Player;?and
“Username and Password”?means a unique combination of identifiers created by a Player that is used by?a Player to identify?themselves?to the iGaming System each time the Player wants to access their Player Account. 3 ADDITIONAL DOCUMENTS COMPRISING PART OF THIS AGREEMENT
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
? the applicable Lottery Game Rules and Pay-to-Play Game Rules;
? the Responsible Gambling and Self-Exclusion Policy;
? the applicable Bonus Funds Terms;
? OLG Internet Gaming Privacy and Cookie Policy;
? any applicable website user agreement; and
? any applicable mobile application user agreement.
In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses i. to vi. above, except that this Agreement, any applicable website user agreement and any applicable mobile application user agreement shall rank below the applicable Lottery Game Rules and Pay-to-Play Game Rules for such purpose. 4 REGISTRATION OF A PLAYER ACCOUNT 4.1 ELIGIBILITY TO REGISTER A PLAYER ACCOUNT
Only Players are allowed to play?Draw Based Lottery Games Played Online, Pay-to-Play Games through?OLG.ca. An individual who desires to become a Player?(an?“Intending Player”)?must satisfy the following criteria, as determined by OLG in its sole discretion:
? the Intending Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Account?will constitute a material breach of this Agreement;
? the Intending Player must be at least 18 years of age. Only Players who are at least 19 years of age will be able to play Pay-to-Play?Games, Play-for-Free?Games. All Players?who are at least 18 years of age?are eligible to play Draw-Based Lottery Games Played Online;
? the Intending Player must?reside?in Ontario;
? the Intending Player must be physically located in the Province of Ontario?each time the Player plays any of the Games?(including?when signing up for Future Game Transactions);
? the Intending Player must not be an?Excluded Individual;
? the?Intending Player must be an individual who is acting on their own behalf. The Intending Player must not be acting for or on behalf of anyone other than?themselves, whether as an agent or otherwise; and
? the Intending Player must submit true, complete and accurate information when providing registration information.
? in the case of Sports Betting Games Played Online, the Intending Player must comply with the provisions of paragraphs 5(a), (b), (c) and (d) of Section 14.5 each time the Intending Player plays any of the Games.
An?Intending Player who does not satisfy all of the foregoing criteria is not eligible to register an account?with?OLG.ca?or to become a Player.?OLG, in its sole discretion,?may require additional information?or documentation?from an Intending Player?or Player?prior to completing the registration of a Player Account or at any time thereafter, including for the purposes of confirming a Player's identity or other Player Contact Information and in order to investigate any other suspected breaches of this Agreement (including any suspected fraudulent?or dishonest?activity).?A failure of the Intending Player to satisfy any of the foregoing will constitute a material breach of this Agreement.
OLG will disclose an Intending Player's registration information to?third-party?service providers for the purposes of?authenticating some or all of the registration information that has been provided?to OLG?by an Intending Player and?to?otherwise?confirm?that an Intending Player has satisfied the foregoing criteria and is eligible to register a Player Account. In addition, OLG may similarly disclose information in respect of a Player from time to time for the purposes of (i)?confirming the Player's continued eligibility to maintain a Player Account, (ii)?investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii)?exercising any of OLG's other rights described in this Agreement?or in?any of the other documents incorporated in this Agreement by reference pursuant to Section?3.
By providing any information?or documentation?to OLG, the Intending Player (or the Player, as the case may be) consents to the use and disclosure of such information by OLG for?any and all of?the purposes contemplated in this Agreement?or in?any of the other documents incorporated in this Agreement by reference pursuant to Section?3. Please see?the?OLG Internet Gaming Privacy and Cookie Policy?for additional information regarding the collection, use, disclosure and storage of personal information by?OLG. 4.2 PLAYER ACCOUNT INFORMATION
Information that is submitted by an Intending Player?who is registering an account with?OLG.ca?must?be?true, accurate and complete?at the time it is provided to OLG?and such?information must remain true, accurate and complete?following the registration of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player's sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement?and, if necessary,?to update the Player's information in the Player Account?by going to the?“My Account”?or?“Account Information”?page.
OLG may, from time to time, disclose a Player's registration information to?third-party?service providers for the purposes of confirming?that?the Player's registration information remains true and accurate. In addition, OLG may, at any time in its sole discretion, request additional information?and documentation?from a Player for this purpose.
You consent that OLG, and its?third-party?service providers, can collect?personal information as?defined in the OLG Privacy and Cookie Policy. You consent?that?this information can be?used, stored, retained,?and disclosed?outside of the?Province of?Ontario?and Canada.?This consent enables?the following?services?to be provided:?(i) verification of identity;?(ii) payment processing;?(iii) location verification;?(iv) analytics;?(v)?customer relationship management?and?player support;?(vi) email services;?and?(vii)?technical?support.
The failure?of a Player?to update?their?Player Account information in a timely manner will constitute a material breach of this Agreement by the Player. Following the registration of a Player Account, if OLG discovers that any of the registration information?associated with a?Player Account?which is then on file in the iGaming System?is not true or is no longer accurate or complete?(including, for example, because a Player's circumstances?have?changed and the Player did not update their information that is associated with the Player Account), OLG may take all steps in relation to the Player or the Player Account?that?OLG?determines,?in its sole discretion, to be appropriate. For example, these steps may include?Suspending,?or?Deactivating the Player Account, investigating any security issues and, in the case of suspected or actual identity theft or fraud,?disclosing all relevant information to the appropriate law enforcement authorities?and other third parties that OLG determines to be appropriate (for example, the AGCO, OLG's payment processors, and credit card issuers and brands). 4.3 REQUIRED DOCUMENTATION
OLG may require a Player to provide additional information and documentation if OLG, in its sole discretion, determines that the additional information or documentation is needed to comply with applicable laws or regulatory requirements, or if OLG considers the collection of such information or documentation to be necessary or advisable in order to prevent fraud or other illegal activity (whether suspected or actual) or to otherwise address a suspected or actual breach of the terms and conditions of this Agreement, or to confirm a Player's identity or entitlement to receive?or withdraw?Unutilized Funds. Without limiting the generality of the foregoing, a Player will be required to provide to OLG such information and documentation as OLG may determine that it requires in order to comply with its FINTRAC reporting obligations. All such information that is provided to OLG will be stored in the iGaming System on servers located in the Province of Ontario. By providing such additional information or documentation to OLG, the Player will be deemed to represent and warrant to OLG that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original. 4.4 PASSWORD?SECURITY
When registering for a Player Account, an Intending Player will be required to?create a Username and?Password. Following the registration of a Player Account, the?Player is solely responsible for maintaining the security and secrecy of the Player's?Username and?Password, including related security or verification questions and answers. A Player is not permitted to disclose the?Username and?Password to any other individual?(including, without limitation,?other Players,?Prospective Players,?family members,?or minors),?and only the Player is permitted to use the?Username and?Password to?log into?the relevant Player Account. Without limiting the generality of the foregoing, a Player is not permitted to use their Username and Password for the purpose of giving any other individual access to the Player's Player Account for any reason. All transactions?(for example, changes to registration information?and Player Contact Information, deposits,?withdrawals, Game play and lottery ticket purchases)?made through a Player Account following?the correct entry of a valid?Username and?Password will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.
If a Player intentionally or unintentionally discloses?their Username and?Password to anyone else, or if the Player suspects that someone else might have discovered the Player's?Username and Password?(whether or not such other person has used or attempted to use the Player's?Username and?Password), the Player must immediately?change?their?password?on?OLG.ca and notify?Player?Support?regarding the compromise or possible compromise of the original?Username and?Password.
A Player can change their?password at any time by?going to the?“My Account” or “Account Information”?page.
A Player has the option of enabling Multi-Factor Authentication as an additional verification factor to access their Player Account along with the use of a Player’s Username and Password. “Multi-Factor Authentication” is an authentication method that requires the Player to input a Time-based One-time Password provided by that third-party application in addition to their Username and Password, to confirm the Player’s identity when they attempt to sign-in to their Player Account. A “Time-based One-time Password” is a temporary password generated by a third-party application that can only be used once and within a certain period of time before it becomes invalid, at which point the Player will be required to input a newly generated Time-based One-time Password.
A Player may download any third-party authenticator application to their mobile device or desktop from Google Play or Apple’s App store, including but not limited to Google Authenticator, Duo Mobile or Microsoft Authenticator. By choosing to download, access or use a third-party application, the Player accepts and agrees that there may be additional terms and conditions governing this application and it is the Player’s responsibility to determine whether to accept and agree to such third-party terms and conditions. OLG shall not be liable for any direct or indirect damages resulting from the download, access or use of the third-party application selected by the Player in accordance with Section 14.1 and 14.2 of this Agreement. 4.5 PLAYER ACCOUNTS
A Player can access the details of their Player Account through?the?OLG.ca?website?by?going to the?“My Account” or “Account?Information”?page?including, for example, to see the following information:
? the Player's registration information, including Player Contact Information;
? the Player's Username and Password, as well as related security questions and answers;
? the?current?notional balance of the?Player Account;
? the financial transaction history associated with the Player Account; and
? the?game-play history associated with the Player Account.
If a Player discovers any inaccuracy or error in the information that is contained in their Player Account, or if the Player suspects that such an inaccuracy or error may exist,?regardless of who is responsible for the inaccuracy or error, the Player is required to immediately contact?Player Support.
OLG.ca is a lottery and gaming website meant for personal entertainment. A Player may only use their Player Account for these purposes. A Player may only use their Player Account for personal purposes. A Player is not permitted to use?OLG.ca or any component thereof (including a?Player?Account) or any content included on?OLG.ca?for any?business,?commercial?or public?purpose or for any other purpose that OLG advises the Player from time to time is not permitted. Without limiting the generality if the foregoing, a Player may not, through chat or otherwise, display, provide or transmit any content that is deemed by OLG to be inappropriate (including by use of a nickname) or threaten bully or otherwise harass any other Player.
OLG may take all steps in relation to the Player or the Player Account?that?OLG?determines,?in its sole discretion, to be appropriate in respect of any hateful, discriminatory, sexist, violent, offensive or other inappropriate content.?Without limiting the generality of the foregoing, OLG may, in its sole discretion, require that a nickname be changed, remove any content deemed to OLG to be non-compliant with the foregoing and/or Suspend or Deactivate the Player Account.
A Player Account is not the property of the Player and cannot be assigned or?transferred?to?or shared with?any other person by the Player for any purpose. 5 PLAYING?BY WAY OF SUBSCRIPTION FOR FUTURE DRAWS 5.1?PLAYERS?MAY?PLAY?CERTAIN DRAW-BASED LOTTERY GAMES PLAYED ONLINE BY WAY OF SUBSCRIPTION?PROVIDED A?PLAYER HAS?UNUTILIZED FUNDS?(OR,?SUBJECT TO THE RELEVANT BONUS FUND TERMS,?BONUS FUNDS)?IN THEIR PLAYER ACCOUNT, OR BY DIRECT PAy SUBJECT TO SYSTEM AVAILABILITY, AND OTHERWISE COMPLIED WITH THE TERMS OF THIS SECTION?5?AND THE OLG RULES RESPECTING IGAMING LOTTERY GAMES. 5.2 OLG OFFERS TWO TYPES OF SUBSCRIPTION OPTIONS, AS FOLLOWS:
? the?“consecutive draw”?option, which provides a Player the option to?automatically purchase a ticket for a certain number of consecutive draws in a Draw-Based Lottery Game Played Online in accordance with the OLG?Rules Respecting iGaming Lottery Games. The?number of consecutive draws available varies from a minimum of two to the maximum number presented to the Player on OLG.ca; and
? the?“never miss a draw”?option, which provides a Player with the option to automatically purchase a ticket for an indefinite number of draws in a Draw-Based Lottery Game Played Online in accordance?with the OLG?Rules Respecting iGaming Lottery Games.
5.3 A TICKET PURCHASE TRANSACTION?BY A PLAYER?BY WAY OF SUBSCRIPTION?IN ACCORDANCE WITH?THIS SECTION?5.2?IS REFERRED TO AS A?“ FUTURE GAME TRANSACTION”.
? A?Player?who engages in, or attempts to engage in, Future Game Transactions?is solely responsible?for continually?ensuring that:
? their Player Account contains sufficient?Unutilized Funds?(or Bonus Funds, if applicable)?for?such Future Game Transaction; and
? that the Player has completed the Future Game Transactions with adequate time (as determined by OLG) to allow OLG to process and record such transaction.
? Without limiting the generality of the foregoing, such Player must, in addition to complying with all of the other terms and conditions of this Agreement which are then in effect:
? ensure that?they have a?valid ticket for the applicable draw as evidenced by the purchase confirmation displayed within their Player Account; and
? ensure the existence, completeness,?and accuracy of the information?displayed within their Player Account (including, without limitation all purchase confirmations);
all?before such draw is held.
OLG does not undertake any obligation?or responsibility?for notifying a Player:
? if?they do?not have a?“valid ticket”?(as such term is defined in the OLG Rules Respecting iGaming Lottery Games) for any particular draw or draws; or
? if?they?do or may have insufficient?Unutilized Funds?(or Bonus Funds, if applicable)?available to play a particular Game prior to rejecting the relevant transaction;
provided that the foregoing will not restrict OLG's ability to so notify a Player. 6 DEPOSITS INTO PLAYER ACCOUNT?and direct pay 6.1 FUNDING A PLAYER ACCOUNT?and direct pay
In?order to play Games (other than?Play-for-Free Games) on?OLG.ca, a Player is required to have a positive notional balance?of funds?in their Player Account. Notwithstanding the foregoing, a Player may purchase tickets for Draw-Based Lottery Games Played Online through Direct Pay on OLG.ca (subject to system availability).?OLG will not extend credit to Players. If a Player?Account?or a permitted Direct Pay payment card does not have sufficient funds for a Game at the time that the bet, wager,?or purchase?is to be made, then the bet, wager or purchase will not be made and the?Player’s?entry into the Game will be?rejected. A Player is solely responsible for ensuring that their Player Account or Direct Pay permitted payment card contains sufficient funds for?a?Game?(including any Future Game Transaction), and OLG does not undertake any obligation or responsibility for notifying a Player if?they do?or?may have?insufficient?funds?available?to play a particular Game?prior to?rejecting?the relevant transaction?(provided that the foregoing will not restrict?OLG’s?ability to so notify a Player).
In addition, subject to certain exceptions, any monetary?Prizes?from Games that are played through?OLG.ca, including those Draw-Based Lottery Games Played Online funded through Direct Pay, will be?loaded?to?the Player Account?by means of a credit to the notional balance of such Player Account. The withdrawal of funds representing such?Prizes from a Player Account will be subject to the terms and conditions of this Agreement. Instructions for claiming non-monetary Prizes will be provided to Players?by OLG?from time to time 6.2 MEANS OF DEPOSITING FUNDS?and USING direct pay
A Player may: (i) fund their Player Account by?depositing funds?(in Canadian dollars only)?with OLG; or (ii) complete a purchase for Draw-Based Lottery Games Played Online using Direct Pay, by?means of:
? a Visa or MasterCard credit card?issued in Canada by a?Canadian bank or financial institution, which the Player is?an?authorized?user, as defined by the Canadian bank or financial institution,?to use?the Visa or MasterCard credit card?for such purpose. Players?should be aware that some credit card issuers may treat the funding of a Player Account as a cash advance?and charge a fee for?each such?credit card transaction. Any cash advance fee or other fees relating to the use of a credit card are the?Player’s?sole responsibility;
? a Visa Debit card issued in Canada by a Canadian bank or financial institution, which the Player is?an?authorized?user, as defined by the?Canadian bank or financial institution,?to use?the Visa Debit card?for such purpose; or
? a Debit Mastercard issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by?the Canadian bank or financial institution, to use the Debit Mastercard for such purpose.
A?Player may also fund their Player Account by?depositing funds?(in Canadian dollars only)?with OLG by means of an Interac Online payment from a?Player’s?bank account that the Player is an authorized user, as defined by the bank, to access for such purpose. When Interac Online is selected as the payment option, a Player will be redirected to the online banking website for their bank. OLG will not collect online banking?login?or password information. A Player should familiarize?themselves?with the terms and conditions that govern the use of their bank or financial institution's online banking website prior to using it to fund a Player Account, including whether the bank or financial institution will charge any fees relating to the use of Interac Online. All such fees are the Player's sole responsibility.?Interac Online payments are not permitted for use in a purchase for Draw-Based Lottery Games Played Online using Direct Pay
A Player should familiarize?themselves?with the terms and conditions that govern the use of their?chosen?funding method?prior to using it to fund a Player Account or for Direct Pay. OLG or its payment processing service providers may store?Visa or Mastercard credit card,?Visa Debit?card, Debit MasterCard, or Interac Online (as applicable)?information on?servers located outside of Ontario, but within Canada.?In addition, OLG and its payment processing service providers may use and disclose aggregated?transaction information for various analytical purposes relating to their respective businesses (but not relating to a specific or identifiable Player). By using?a payment method listed in?6.2(a)?–6.2(c) or using Interac Online,?to fund a Player Account or for Direct Pay, the?Player expressly consents to OLG or its payment processing service providers, or both, storing?such transaction?information located on servers?located outside of Ontario, but within Canada?and using and disclosing aggregated transaction information for the purposes described in this paragraph.
No other means of funding?the notional balance of?a Player Account are permitted as of the date of this Agreement.
The merchant associated with any deposit transaction will be?“Ontario Lottery and Gaming Corporation”.
Each?time a Player uses a credit card, Visa Debit?card, Debit Mastercard?or Interac Online to make a deposit with OLG for purposes of funding?the notional balance of?a Player Account or for Direct Pay,?they?will be deemed to represent and warrant to OLG that?the Player has all necessary rights and authority to use such credit card or the funds in the relevant bank account for such purposes, including in circumstances in which the credit card or bank account is jointly held with one or more other persons?or is held by a person other than the Player.
OLG will hold a Player's monies that are deposited with OLG for purposes of funding?the notional balance of?a Player Account in a bank account or escrow account as trustee for the Player (not as?banker or debtor). Notwithstanding anything to the contrary contained in this Agreement, OLG will deal with a Player's money that has been deposited with OLG as a trustee, and nothing contained herein shall create or give rise to any obligation on the part of OLG to repay any money to the Player as the Player's debtor. For the avoidance of doubt, a Player Account is not a bank account and, therefore, is not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system. Funds deposited with OLG for purposes of funding?the notional balance of?a Player Account, and monetary Prizes that are?credited to?a Player Account,?will not accrue interest?for the benefit of?the Player, and the Player shall not be entitled to claim any interest from OLG?in respect of any such funds.
In the event that any amount becomes owing to OLG by the Player under or in accordance with the terms of this Agreement, OLG shall have the right to deduct such amounts from the Player's Unutilized Funds and to adjust the notional balance of funds in the Player Account accordingly without the requirement for?any advance or?further notice to be provided to the Player?by OLG. 6.3 DEPOSIT?and Direct Pay LIMITS And limitations
In addition to any deposit limits established by a Player, OLG?(in its sole discretion)?may?restrict?a Player's ability to fund?the notional balance of?a Player Account or engage in Direct Pay, including but not limited to by
? establishing minimum and maximum amounts of funds that?may?be deposited?by a Player?with OLG for the purpose of funding?the notional balance of?a Player Account, on a transaction-by-transaction basis or during one or more time periods. As of the date of this Agreement,?the minimum deposit amount?for a single deposit by a Player cannot be less than $15.00 and cannot exceed $999,999.00;
? limiting the number of different credit cards that a Player can use to fund a Player Account or make a purchase using Direct Pay. In addition, a?particular?credit card may not be registered with more than one Player Account
? restricting a Player's ability to change deposit methods during specified periods of time;
? restricting a Player's ability to change?certain credit card information?or otherwise impose conditions prior to changing credit card information?(for example, requiring that the Player contact?Player?Support);
? changing acceptable methods of payment; or
? limiting the number of deposits that a Player can make for the purpose of funding the notional balance of a Player Account. As of the date of this Agreement, a Player cannot make more than ten (10) such deposits.
Subject to the deposit limits set by OLG pursuant to this Section 6.3, a Player has the option to set, change or remove deposit limits for their Player Account applicable to the periods of time and in the manner contemplated in the Responsible Gambling and Self-Exclusion Policy 6.4 CHARGEBACKS
A?“ Chargeback”?occurs?for the purposes of this Agreement?when a credit?or debit?cardholder contacts?the bank or other financial institution that issued the?card?to initiate a refund for a?payment transaction that was?made?using?the?card?or the account associated with the card, and the bank or financial institution requests that?OLG return?the relevant funds.
If?a Player funds?the notional balance?of their Player Account or completes a purchase using Direct Pay and thereafter a Chargeback occurs in respect?of all or part of the transaction, OLG?(or any of its?third-party?service providers)?may take any or all of the following actions, in each case as OLG, in its sole discretion, determines to be appropriate:
? Suspend?the Player?Account?pending resolution of any dispute relating to the Chargeback?in accordance with Section?12.1;
? request that the Player contact?Player Support?to explain the?circumstances of the Chargeback;
? debit the?Unutilized Funds in the?Player Account with the amount of the Chargeback. If that debit results in a negative balance?of Unutilized Funds?in the Player Account,?the amount of the negative balance will constitute a debt owed by the Player to OLG, and?OLG reserves the right to recover?such amount from the Player;
? Deactivate the Player Account and exclude the Player from playing Games on?OLG.ca?(i.e., deem the individual to thereafter be an Excluded Individual);?or
? initiate a dispute resolution process with the relevant bank or financial institution, which may include OLG providing evidence relating to the deposit transaction and/or Chargeback to a payment processing service provider and/or a bank or financial institution.
7 WITHDRAWALS FROM A PLAYER ACCOUNT 7.1 METHODS OF WITHDRAWING?UNUTILIZED?FUNDS
Subject to certain exceptions, withdrawals of?Unutilized Funds from?a Player Account?will be processed by means of an electronic bank transfer?(in Canadian dollars only)?to a bank account that is?registered by the Player and which OLG has verified?and approved, to its satisfaction,?is held by?the Player?at a bank or other financial institution acceptable to OLG in?Canada. A Player is not permitted to designate a bank account for such purposes that is not held by the Player (alone or together with other persons).
The Player acknowledges and agrees that:
? OLG?will?require the Player to submit documentation?(by electronic upload via?OLG.ca or as OLG may otherwise instruct)?that, in OLG's sole determination, evidences the Player's authority over the bank account that is to be registered. For example, OLG may require a copy of a void cheque or a bank account statement, in either case which includes the Player's name,?civic?address?and the bank account number, all of which must match the information associated with the Player Account?that is stored in OLG's iGaming System;
? by submitting such documentation to OLG, the Player will be deemed to represent and warrant to OLG that such documentation is a true, accurate and complete copy of the original;?and
? if?the Player registers a bank account that is held jointly with one or more other persons, withdrawals?of Unutilized Funds?from their Player Account will be paid into such joint account and, therefore, may be accessed?by the other account holders.
A Player will not be entitled to specify any other payment method or currency of payment for a withdrawal. For example, a Player will not be able to withdraw?Unutilized Funds to a credit card even if the Player used a credit card to deposit funds with OLG for purposes of funding?the notional balance of?their Player Account. OLG, in its sole discretion, may?from time to time return?Unutilized Funds to a Player by other appropriate means. 7.2 WITHDRAWAL LIMITS?AND LIMITATIONS
Subject to the terms and conditions of this Agreement, a Player may withdraw Unutilized Funds from their Player Account up to the then-current balance?of Unutilized Funds.
A Player will not be entitled to withdraw?Unutilized Funds from a Player Account through?OLG.ca at any time that a Player Account is?Suspended?unless OLG, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted. If a Player Account is?Suspended?and the Player wants to make a withdrawal?of Unutilized Funds, the Player?must?contact?Player?Support.
OLG may from time to time specify minimum?and maximum?withdrawal amounts?applicable to Player Accounts. As of the date of this Agreement, the minimum amount of a single withdrawal?of Unutilized Funds by a?Player?is $2,?and there is no?maximum amount of a single withdrawal?of Unutilized Funds by a Player. If a Player wishes to withdraw?less than the specified minimum amount,?the Player?must?contact?Player?Support.
OLG may from time to time limit the number of withdrawals?of Unutilized Funds by a Player?that a Player can make during a specified period of time. As of the date of this Agreement,?a Player is permitted to make only one withdrawal?of Unutilized Funds?per day. 7.3 WITHDRAWAL CANCELLATIONS
OLG may, in its discretion, refuse a withdrawal request?if?OLG?suspects such withdrawal is made?in?breach?of this Agreement?(whether or not such violation is a Material Breach). OLG will make reasonable efforts to promptly notify the Player of such refusal?via the Player Contact Information?associated with the Player Account.
A Player may cancel their withdrawal request?through their Player Account.?Provided such cancellation has not been processed by OLG, the?relevant?funds will be returned to the Unutilized Funds in the Player?Account. 7.4 WITHDRAWAL PROCESSING TIMES
Following?a Player's request to withdraw?Unutilized Funds from their Player Account and the satisfaction of all other terms and conditions for a withdrawal (including providing any required information or documentation to OLG),?in most circumstances?OLG will?be able to?process the?withdrawal?within?three?Business Days. In some circumstances, a longer period of time for processing a withdrawal may be required. OLG will not be required to notify the Player of any delay associated with the processing of a withdrawal of Unutilized Funds or the reason for such delay unless additional information or documentation is required to be provided by the Player. 8 BONUS?FUNDS TERMS 8.1?BONUS FUNDS
From time to time, OLG may, in its sole discretion,?whether for promotional purposes or otherwise,?offer to?upload Bonus Funds into a Player Account, subject to the Player (in their discretion) accepting the offer of the Bonus Funds. Bonus Funds?have a notional monetary value only, so they?are not Unutilized Funds?at the time they are awarded. A Player is not entitled to receive Bonus Funds unless OLG, in its sole discretion,?determines?that Bonus Funds should be offered to a particular Player. A Player will not be obligated to accept Bonus Funds.?A Player can forfeit Bonus Funds at any time by contacting Player Support.
OLG will have the right to determine the qualification criteria for all promotions and awarding of Bonus Funds. The criteria will be?specified in the terms and conditions?that OLG determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with the?applicable terms and conditions relating thereto (the?“ Bonus Funds Terms”). All Bonus Funds Terms will be deemed to be incorporated by reference in this Agreement, and in the event of any inconsistency between the Bonus Funds Terms and the terms and conditions of this Agreement, the?Bonus Funds Terms shall govern?to the extent of the inconsistency.
The awarding and availability of Bonus Funds are in OLG's sole discretion. The use of Bonus Funds?may?be limited to specific Games and specific periods of time, and?Bonus Funds may?expire and be cancelled if they are not used prior to a specified date or time. The applicable Bonus Funds Terms should be consulted. In addition,?OLG may?cancel?Bonus Funds that have been uploaded into a Player Account at any time in its sole discretion. 8.2 USING BONUS FUNDS
If a Player?who?wants to play?Games (other than Play-for-Free Games, Sports Betting Games Played Online?and Draw Based Lottery Games Played Online)?has both Bonus Funds and Unutilized Funds in their Player Account?(regardless of whether the awarding of the Bonus Funds preceded or followed the credit of notional funds to the balance of the Player Account, whether resulting from a deposit of funds with OLG by the Player or the winning of a Prize by the Player), the?Unutilized Funds?will be used first to play the?eligible?Games until all of the?Unutilized Funds?have been utilized, following which time the?Bonus?Funds will be used.?Winnings from wagers placed with Bonus Funds are added to the Bonus Funds balance.
If a Player chooses to pay for Draw-Based Lottery Games Played Online using Direct Pay they are not permitted to use Unutilized Funds nor Bonus Funds to pay for any portion of the total purchase value; the entire purchase must be made using Direct Pay. If a Player wishes to use Unutilized Funds and/or Bonus Funds in their Player Account to pay for any portion of any purchase, the Player must pay for the entirety of the purchase with Unutilized Funds and/or Bonus Funds in accordance with this Agreement.
For Draw-Based Lottery Games Played Online and Sports Betting Games Played Online,?Bonus Funds?will be used in accordance with the?applicable?Bonus Fund Terms.?Pursuant to such terms, a?Player may be required?and/or permitted?to?use Bonus Funds?for the purchase of Draw-Based?Lottery Games Played Online and Sports Betting Games Played Online, as applicable, prior to?Unutilized Funds being utilized.
The Bonus Funds Terms may contemplate that certain Bonus Funds will become Unutilized Funds?only?after certain wagering requirements have been satisfied. A Player should review the applicable Bonus Funds Terms prior to accepting an offer of Bonus Funds. If a Player does not accept the applicable Bonus Funds Terms in their entirety, then the Player?must?not?accept the relevant Bonus Funds?or opt-out of the promotion in accordance with such Bonus Fund Terms. 9 ADVERTISING 9.1 PUBLISHING WINNER INFORMATION
OLG may publish the winner’s name, town/city,?Prize amount, game name,?“insider”?status,?draw date?and paid date?on OLG’s web site (OLG.ca). 10 INACTIVE AND DORMANT ACCOUNTS 10.1 INACTIVE ACCOUNTS
A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is for a?Self-Excluded Individual. For this purpose, a?“ Player-Initiated Transaction”?means (i)?a deposit of funds by the Player for the purpose of funding the Player Account, (ii)?a withdrawal of Unutilized Funds from the Player Account, or (iii)?a bet, wager or purchase of a Draw-Based Lottery Game Played Online or a Pay-to-Play Game, including a Future Game Transaction that has not expired or been suspended due to insufficiency of Unutilized Funds or for any other reason.?For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated Transaction. If the Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction.
A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.
An Inactive Account will be subject to the following monthly service fees (“ Inactive Account Fees”),?the amount of which OLG will be entitled to withdraw from the Unutilized Funds associated with the Player Account at the end of each month (or at any time thereafter) without the requirement for any advance or further notice to the Player:
? during each of the first 12 months that the Player Account is an Inactive Account, a monthly service fee of $2 per month (or if the balance of the Player Account is less than $2, then that balance);
? during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $10 per month (or if the balance of the Player Account is less than $10, then that balance); and
? during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $25 per month (or if the balance of the Player Account is less than $25, then that balance).
The maximum amount of Inactive Account Fees that OLG will be entitled to receive from a Player under this Agreement is equal to the lesser of (i)?$234 and (ii)?the amount of the Unutilized Funds associated with the Inactive Account. 10.2 DORMANT ACCOUNTS
An Inactive Account will become a Dormant Account if the Player does not successfully complete a Player-Initiated Transaction within the 24-month period immediately following the date on which the Player Account becomes an Inactive Account (i.e., the Player has not successfully completed a Player-Initiated Transaction for 36 consecutive months). When a Player Account becomes a Dormant Account, the Player Account will be?initially?Suspended?by OLG?and subsequently Deactivated. Once the Player Account is a Dormant Account?the Player will not be able to?log into?or use the Player Account. Subject to the minimum withdrawal requirements in Section?7.2?and documentation requirements in Section?4.3, OLG will deposit an amount equal to the Unutilized Funds as at such date into the bank account that is associated with the Player?Account, the details of which are stored by OLG on the iGaming System. In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm that the bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using the Player Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds. If OLG is unable to contact the Player, the Player Account will be Deactivated. If OLG is unable to contact the player within 24-months of the Player Account becoming a Dormant Account, Unutilized Funds may be forfeited to OLG. 10.3 REACTIVATION OF A DORMANT PLAYER ACCOUNT
OLG will retain information relating to a Dormant Account in the iGaming System in accordance with its record retention policies. If a Player Account has become a Dormant Account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account. If a Dormant Account is reactivated, it will have the same account details as those which existed as of the date the Player Account became a Dormant Account. In the event that any of the relevant information has changed (for example, the Player Contact Information), the Player will be solely responsible for updating such information?and complying with the terms and conditions of this Agreement which are then in effect. 11?PLAYER’S?CLOSURE OF ACCOUNTS 11.1 CLOSURE?OF A PLAYER ACCOUNT BY THE PLAYER
A Player may?close?their Player Account?at any time by?contacting Player Support?(“ Closed Account”). If a Player is no longer eligible to have a Player Account (for example, if the Player?will be relocating to a jurisdiction outside of the Province of Ontario, or if the Player becomes an?Excluded Individual), the Player is required to?Close?their Player Account.
Upon?Closure?of a Player?Account,?the Player Account will no longer be accessible by the Player?until such time as the Player has contacted Player Support to request a re-opening of the Player Account and OLG has approved of such re-opening.?All Future?Game Transactions?associated with the?Closed Player Account?that have not been completed by the time of?Closure will be cancelled.
Notwithstanding the?Closure of the account, OLG will retain a Player’s information in accordance with its record retention policies. For more information?on how OLG?retains a Player’s?personal information, see the OLG?Internet?Gaming?Privacy?and Cookie?Policy
Subject to the minimum withdrawal requirements in Section?7.2?and documentation requirements in Section?4.3, if?a Player?Closes?their?Player Account and Unutilized Funds remain in the Player Account at that time, OLG will?return?the Unutilized Funds to the Player's bank account?that is associated with the Player Account, the details of which are stored by OLG on the iGaming System. In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm?that the bank account belongs to the Player), OLG will use reasonable efforts to contact the Player using the?Player Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds. 12 DEACTIVATION?OR SUSPENSION?OF A PLAYER ACCOUNT IN OLG'S DISCRETION 12.1 SUSPENSION OF A PLAYER ACCOUNT
OLG shall have the right to?suspend?a Player Account at any time in its sole discretion?(a?“ Suspended Account”).?Without limiting the foregoing, and by way of example only, OLG may?Suspend a Player’s access to their Player Account if it suspects that the Player has improperly initiated a Chargeback or has committed any breach of this Player Agreement, applicable law, Lottery Game Rules, and/or the Pay-to-Play Game Rules.
While a Player Account is?Suspended:
? a Player will be unable to?login?or access their Player Account;
? a Player will be unable to withdraw any Unutilized Funds unless OLG, in its sole discretion, determines otherwise;
? all Future Game Transactions associated with the?Suspended Player Account will be suspended and/or cancelled (i.e. no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account is?Suspended will be completed);?and
? a Player may be required to cooperate with any investigations conducted by OLG into the Player’s conduct prior to the?Suspension being lifted (including provisions of additional documentation or information as requested by OLG).?Failure to cooperate with?this subsection?12.1(d)?shall be deemed a Material Breach of this Agreement.
If, during the?Suspension, OLG determines that the Player has committed a Material Breach of this Agreement, it may?Deactivate the Player Account in accordance with Section?12.2. 12.2 DEACTIVATION OF PLAYER ACCOUNTs
OLG shall have the right to?deactivate a Player Account at any time in?its sole discretion?(a?“ Deactivated Account”).
If OLG?Deactivates a Player Account, OLG will deposit an amount equal to the Unutilized Funds as at such date into the bank account that is associated with the Player Account?(subject to?the?minimum withdrawal requirements detailed in Section?7.2?and additional documentation requirements in Section?4.3), the details of which are stored by OLG?on the iGaming System. In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm that?the bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using the?Player Contact Information. If OLG is unable to contact the Player, then OLG will?retain the Unutilized Funds?until OLG receives proper instructions relating to the disposition of such funds from the Player or their legal representative.
Notwithstanding the foregoing, if OLG?Deactivates a Player Account as a result of?the occurrence of a?Material?Breach?by the Player?under?this Agreement, OLG (in its sole discretion) shall be entitled to treat any?or all of the?Unutilized Funds as forfeited by the Player, in which case the Player will not be entitled to have the Unutilized Funds returned. 13 EFFECT OF DEACTIVATION?OR CLOSURE?OF A PLAYER ACCOUNT
Without limiting the foregoing, when a Player Account is?a Closed?Account or?a Deactivated Account:
? Any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to the?Closure?or?Deactivation?will be cancelled;
? the Player will not be entitled to receive any offers for new Bonus Funds, and any existing Bonus Funds associated with the Player Account will be cancelled and the Player will not be entitled to receive any compensation in respect of the cancelled Bonus Funds; and
? this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.
14 ACCESSING AND USING?OLG.CA 14.1 SUPPLY AND MAINTENANCE OF?PLAYER?EQUIPMENT AND SERVICES
Prospective Players, Intending Players,?and Players are solely responsible for?supplying and maintaining?all equipment, technology and services that they require to access and use?OLG.ca. The performance or operation of?OLG.ca or any?website?or?Mobile?Applications?that OLG may make available to Players from time to time?may be affected by a Player's computer equipment,?mobile device,?Internet connection or other factors?that are?outside of?OLG's?control. In some cases, a Prospective Player, Intending Player,?or a Player may not be able to access or use some or all of the components?or?functionality of?OLG.ca as a result of deficiencies in their own equipment?or?technology?or?the?service?providers retained by them. For example, a slow Internet connection could adversely impact the performance or operation of?OLG.ca, or?an outdated?web browser or?the settings on a?Player's?computer could cause some or all of the content of?OLG.ca to display incorrectly?or to fail to display.
OLG makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of?OLG.ca or any component thereof on any?Intending Player,?Prospective Player or Player's computer or other?devices?used to?access?OLG.ca.
Players may require additional?third-party?services to access?OLG.ca (e.g.,?internet?service?provider agreement;?mobile?carrier agreement;?email?account;?text messaging service (SMS)) or to access their Player Account using Multi-Factor Authentication. The Player is solely accountable for?any?agreements?and?charges related to these?third-party?services. A Player should familiarize?themselves?with the terms and conditions that govern any such services prior to using them?to access?OLG.ca. 14.2?THIRD-PARTY?CONTENT; joint games
In order?to access or use certain components of?OLG.ca, it may be necessary for a Prospective Player or a Player to download software (for example,?certain casino games may require a flash player?or an up-to-date web browser; and the use of Multi-Factor Authentication requires the Player to download a third-party application that will generate a Time-based One-time Password.)
Certain third-party product providers may require the Prospective Player or?the?Player to accept and agree to additional terms and conditions governing the use of their products. It is the sole responsibility of the Prospective Player or the Player to determine whether?they?accept and agree to any such?third-party?terms and conditions, and if the Prospective Player or the Player does not accept and agree to them, such?third-party?product?should not be used.
OLG shall not be liable for any?direct or indirect?damage?to, or loss of data from,?a Prospective Player's or a Player's equipment?that?may arise from or as a result of the access or use of?OLG.ca or any content, software or applications made available by or on behalf of OLG through?OLG.ca.
Some Pay-to-Play Games may be offered jointly and networked with one or more other Canadian lottery jurisdictions. Players playing such Games could face opponents from within Ontario as well as opponents located elsewhere in Canada. 14.3 OLG'S INTELLECTUAL PROPERTY RIGHTS
OLG is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect of?OLG.ca and the iGaming System, including the content of the foregoing, the?Games?and any written communications that are sent to Prospective Players or Players?by?or on behalf of OLG (collectively,?“ OLG IP Rights”). No Prospective Player or Player shall be deemed to be granted or to receive any rights in or to any of the OLG IP?Rights except to the extent specifically contemplated in, and subject to the terms and conditions of,?this Agreement. 14.4 VIRUSES, HACKING AND OTHER OFFENCES
The access or use of?OLG.ca other than in accordance with the terms and conditions of this Agreement is strictly prohibited.
A Prospective Player or?a?Player shall not:
? knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to?OLG.ca, the iGaming System, any Game?or any component?of any of the foregoing;
? access or attempt to gain access to?OLG.ca, the iGaming System, any Game?or any component?of any of the foregoing?that?they are?not entitled to access, including the?servers on which?OLG.ca,?the iGaming System?or any Game?is stored or any server, computer or database connected to?OLG.ca,?the?iGaming System?or any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included in?OLG.ca,?the iGaming System?or any Game, including those which are intended to protect the security of Player's personal information;
? use any software program which, in OLG's sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player's participation in a?Game;
? attack, whether alone or in combination with others,?OLG.ca by means of a denial-of-service attack or a distributed denial-of-service attack;
? translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify?or make any attempt to discover the source code of?any software?(or any part thereof)?that is downloaded through or in connection with the access or use of?OLG.ca;
? copy, disclose (including, for example, by posting on any?social media,?blog, message board or other public forum), transmit or otherwise make available,?or remove or alter,?any of the content or material that is made available on or through?OLG.ca; or
? remove, obscure or alter?any notice of any OLG IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or through?OLG.ca.
A failure to comply with this Section?14.4?will constitute a material breach of this Agreement by the Prospective Player or the Player. In the event that?any action that is prohibited by this Section?14.4?occurs, OLG (in its sole discretion)?may deem it to be an Error for the purposes of this Agreement, and, in addition to this Section?14.4, Section?15.1?shall also apply in respect thereof. 14.5 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
Each Player is prohibited from engaging in, and is required to immediately notify OLG upon becoming aware that another Player is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any Game or other component of?OLG.ca, including in connection with the registration of a Player Account, the deposit of funds with OLG to the credit of the notional balance of a Player Account, making a bet, wager or purchase of a Game, or the withdrawal of Unutilized Funds.
For the purposes of this Agreement, as examples only:
? fraud includes the unauthorized use of a credit card as a source of funds to be deposited to the credit of a Player Account or to initiate a purchase using Direct Pay;
? criminal activity includes money laundering;
? an unfair advantage includes?the use of any software that could provide a Player with an unfair advantage?(including, by way of example only,?“bots”,?artificial intelligence, machine learning software,?malicious code,?opponent profiling software, automatic betting software, viruses, worms, or malware);?and
? an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of?OLG.ca (including any Game) or the exploitation of any?Error; and
? in the case of Sports Betting Games Played Online, collusion includes any of the following:
? having access to non-public/exclusive information related to an Event, or having the potential to impact the outcome of an Event or bet type, in respect of any Event overseen by the relevant Event governing body;
? having sufficient authority to influence the outcome of an Event (including, without limitation, athletes, coaches, managers and owners), in respect of any Event overseen by the relevant Event governing body;
? being an owner of an Event governing body or an Event member team, in respect of any Event overseen by that governing body or any event in which a member team of that governing body participates; or
? compiling betting odds for any Event in which one is involved.
Each Player hereby represents and warrants to OLG that they comply, and will comply, with the provisions of paragraphs 5(a), (b), (c) and (d) of this Section 14.5.
OLG will use reasonable efforts to detect and prevent any?such?collusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantage?by Players, but in the event that any such activity occurs and another Player incurs any loss or damage, OLG will not be liable for any such loss or damage.
Each Player hereby represents and warrants to OLG that they comply, and will comply, with the provisions of paragraphs 5(a), (b), (c) and (d) of this Section 14.5.
OLG shall have the right to notify all third parties?which?OLG, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any Player or the taking of any unfair advantage by any Player, including the appropriate law enforcement authorities and other third parties that OLG determines to be appropriate (for example,?police services,?the AGCO, OLG's payment processors, Event governing bodies, other operators/providers of sports being platforms, and credit card issuers and brands). 15 ERRORS AND UNAVAILABILITY OF?OLG.CA 15.1 OLG'S ERRORS
A number of circumstances may arise where a Game-related bet, wager or purchase is accepted by OLG, or where OLG awards a Prize, credits a Player Account or processes a withdrawal, in each case in error (an?“ Error”). As examples only, Errors may include:
? where OLG misstates any?Lottery?Game Rules, Pay-to-Play Game Rules?or Bonus Funds Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction;
? where OLG credits a Player Account, thereby increasing the amount of Unutilized Funds, as a result of a manual or computer input error;
? where OLG deposits into a Player's bank account an amount that is greater than the amount of Unutilized Funds in a Player Account; or
? in the case of Sports Betting Games Played Online, errors which may result in the voiding and/or resettling of a wager:
? Where OLG accepts a wager after the Event Cut-off Time for Wagering (as defined in the applicable Pay-to-Play Game Rules); after a result is known; or at a stage where the Player could have any indication of the result of the wager;
? Where OLG accepts a wager based on incorrect information provided by OLG including, but not limited to, incorrect outcomes, participants, location, date, time, lines or odds;
? Where OLG settles a wager with an incorrect result or payout; or
? If OLG, in its sole discretion, believes that the integrity of the event may have been called into question: or
? The Player fails to comply with one or more of paragraphs 5(a), (b), (c) and (d) of Section 14.5
OLG reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and OLG's decision shall be final and binding. Reference is also made to Section?16.3.
Neither OLG nor any of its employees, agents or service providers shall be liable for any loss incurred by a Player that results from any Error, including any loss of winnings that results from a forfeiture thereof by the Player as a result of the Error. OLG shall use reasonable efforts to notify?a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player.
In?the event that OLG credits a Player Account, or pays any money?to a Player (for example, by processing a withdrawal), as a result of?or in relation to?an Error, the Player shall be deemed to hold the entirety of the amount of such credit or payment (such amount being herein referred to as “ Error Funds”) in trust for OLG,?and?OLG?shall have the right to recover the Error Funds through a correcting entry to the extent that funds are available in the Player’s Player Account and, if sufficient funds are not available, through?a demand for payment?to that person, which demand?the?person?shall immediately?satisfy, to the extent of any deficiency,?in accordance with OLG's reasonable instructions.?Further ,?any?subsequent?Game-related bet, wager or purchase?may be deemed by OLG to have been made?using?the Error Funds,?and (i)?OLG may cancel such bet, wager or purchase, and?(ii)?if any Prize in respect thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the full amount of such Prize in trust for OLG, and?(iii)?upon OLG making a demand for the return of such Prize, the Player shall immediately return the Prize to OLG in accordance with OLG's reasonable instructions. 15.2 UNAVAILABILITY OF?OLG.CA
OLG intends to make?OLG.ca available on a 24-hour basis, 7 days a week. However, from time to time it will be necessary to limit or restrict access to all or parts of?OLG.ca (“ Downtime”),?including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by OLG in its sole discretion. During a period of Downtime, some or all of the functionality of?OLG.ca may not be available. As examples only, it may not be possible to:
? deposit funds with OLG for purposes of crediting the notional balance of a Player Account;
? withdraw Unutilized Funds;
? play Games; or
? check a Player's transaction history.
OLG will use reasonable efforts to notify Players in advance of planned Downtime?by posting notices at?OLG.ca or through other appropriate means as determined by OLG?in its discretion. However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond OLG's control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach. Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable to withdraw Unutilized Funds through?OLG.ca or if Bonus Funds expire during the period of any Downtime. 16 BREACH OF THIS AGREEMENT BY A PLAYER 16.1 NOT A MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement?(actual or deemed), OLG will use reasonable efforts to notify the Prospective Player or the Player of the breach and, if such breach is of a nature that can be remedied, provide a reasonable period of time (as determined by OLG) during which the Prospective Player or Player may remedy the breach. If the breach is not remedied to the satisfaction of OLG, then the breach shall be deemed to be a material breach of this Agreement. 16.2 MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement and such breach is or is deemed?by OLG?to be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of OLG specified in this Agreement, OLG may exercise any or all of the following remedies as OLG, in its sole discretion, determines to be appropriate in the circumstances, in each case without the requirement for prior notification to the Prospective Player or the Player or any remedial period:
? Suspend?the Player Account until such time as the breach is remedied to OLG's satisfaction;
? request that the Player contact?Player Support?to explain the circumstances of the breach, or to provide such information and documentation relating thereto as OLG may request;
? Deactivate the Player Account and exclude the Player from playing Games on?OLG.ca;
? notify any third parties which OLG, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example,?police services,?the AGCO, OLG's payment processors and credit card issuers and brands); or
? retain any or all of a Player's Unutilized Funds to the extent necessary to compensate OLG for its actual?and/or potential?losses?and liabilities?resulting from such breach.
16.3 DISPUTES
Except as otherwise provided in the?Lottery?Game Rules or the?Pay-to-Play?Game Rules,?no claim or dispute by?a Player with regard to any bet, wager or purchase of a Game, including the outcome of such?Game, will be considered by OLG?(i)?in the case of a Draw-Based Lottery Game Played Online,?more than?12 months?following the date on which the Game is completed, and (ii)?in the?case of a Pay-to-Play Game, more than?30 days?following the date on which the Game is completed.
OLG's records, as maintained in the?iGaming System?(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online),?will be the final authority in determining the circumstances of a Player's participation in the relevant Game and the results of such participation. In the event of a disagreement between the result that appears on a Player's screen and the relevant Game servers?(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online), the result that appears in the Game servers?(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online)?will prevail.
A Prospective Player or a Player who wishes to make a complaint about OLG or any aspect of?OLG.ca may do so by contacting?Player Support?or otherwise contacting?OLG in accordance with Section?18.1. A Prospective Player or a Player may also?contact?the AGCO (OLG's regulator) using the contact information in Section?18.2. 17 LIMITATIONS OF LIABILITY 17.1 OLG'S LIABILITY
Except as otherwise provided in the applicable?Lottery?Game Rules or?Pay-to-Play?Game Rules,?OLG's?(including, but not limited to?the extent applicable,?OLG's, OLG’s service providers, subcontractors, employees, agents, and assigns)?maximum liability, subject?always?to Section?17.2,?to a Prospective Player or a Player under this Agreement or otherwise in respect of the accessing or use of?OLG.ca shall not exceed?the lowest of:
? the?dollar amount?value of the bets, wagers, purchases?or tips actually?made by a Player via their Player Account in respect of the relevant bet, wager, purchase, tip or Game that gave rise to the relevant?alleged?liability;
? the amount of applicable monies, where such monies have been improperly directed by OLG or misplaced by OLG;?or
? an aggregate of?$1,000?in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by OLG or any of OLG's service providers, or anyone acting on behalf of OLG or any of OLG's service providers.
17.2 EXCLUSIONS FROM OLG'S LIABILITY
Notwithstanding anything to the contrary contained in this Agreement,?OLG?shall not be liable for any loss or damage suffered by any person as a result of:
? the operation?of?OLG.ca, the iGaming System (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online);
? the failure of?OLG.ca, the iGaming System (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online)?to operate properly or at all;
? the participation by any person in, or any failure, negligence or wrongdoing by OLG or any of OLG’s service providers in respect of, any responsible gambling program operated by OLG or any of OLG’s service providers, including: (i) the self-exclusion program or player breaks; (ii) PlaySmart.ca; (iii) deposit limits; (iv) financial limits and budgets; (v) playing time?reminders; (vi) self-assessment tools or risk profiles;
? the failure of OLG?or any of OLG’s service providers?to: (i) process or record a purchase; (ii) process, receive or record a payment for a ticket;?(iii) display an accurate?purchase confirmation in such person’s player account;?or (iv) otherwise complete a transaction (including, without limitation, a Future Game Transaction); or
? any wager or tip erroneously or unintentionally made by a Player.
For greater certainty,?a Prospective Player or a Player shall not have the right to claim damages under or in connection with?OLG.ca or this Agreement or for breach of this Agreement by OLG, in tort, in contract?or on any basis whatsoever to the extent that any loss claimed by the Prospective Player or the Player is:
? for punitive, exemplary or aggravated damages;
? for loss of profits,?loss of chance,?loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption;
? a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Prospective Player or the Player; or
? not reasonably foreseeable by OLG arising out of this Agreement or the use of OLG.ca.
OLG.ca?will be operated?with reasonable skill and care substantially as described in this Agreement.
OLG does not make any other promise, representation or warranty regarding?OLG.ca or any of the Games or other products or services that are made available on or through?OLG.ca, and except as specifically included in this Agreement, OLG hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.
Prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement,?representation, warranty or understanding of any person, other than those?of OLG which are?included in (or?expressly?incorporated by reference into) this Agreement. 18 CONTACTS 18.1 CONTACTING OLG
A Prospective Player or a Player may contact OLG's?Player Support?at any time as follows:
? by using real-time chat, available through?OLG.ca;
? by e-mail, at playersupport@OLG.ca. OLG?will endeavour to respond to e-mails within one Business Day. If the e-mail address from which OLG receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, OLG will not provide any information relating to your Player Account when responding to your e-mail. In such circumstances, you may be requested or required to contact OLG by using real-time chat or by telephone;?or
? by telephone,?1?(855)?978 7529
18.2 CONTACTING AGCO
OLG is regulated by the AGCO. A Prospective Player or a Player may contact the AGCO regarding any aspect of?OLG.ca as follows:
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4
Tel:?1 (416)?326?8700 or 1?(800)?522?2876 (toll free in Ontario) 18.3 CONTACTING A PLAYER
OLG, or anyone acting on behalf of OLG, shall be entitled to contact a Player with respect to any matter contemplated in this Agreement by using any of the Player Contact Details?(including by way of email or telephone). OLG's other communications with a Player or a Prospective Player will be subject to the terms and conditions of the?OLG Internet Gaming Privacy and Cookie Policy. 19 GENERAL PROVISIONS 19.1 FOR PURPOSES OF THIS AGREEMENT, UNLESS OTHERWISE STATED:
? “ day”?means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM;
? “ week”?means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
? “ month”?means a calendar month;
? all times are expressed in Eastern Time;
? all monetary amounts are references to lawful currency of Canada (i.e., Canadian dollars); and
? “ including”?is deemed to mean?“ including without limitation”?and shall not be deemed limited by the specific enumeration of items;
? words importing the singular shall include the plural and vice versa and words importing one gender shall include all genders?unless context otherwise requires;
19.2 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. 19.3?EACH PROVISION OF THIS AGREEMENT SHALL BE VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION MAY BE SEVERED AND SUCH INVALIDITY, UNENFORCEABILITY OR ILLEGALITY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY, ENFORCEABILITY AND LEGALITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT.
POLICY EFFECTIVE DATE: June 28, 2022
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