Terms & Conditions

The Ohio Lottery

Terms & Conditions for User Submitted Content

Amended 07.06.2010

1. Content Submissions

As an online account holder on http://www.ohiolottery.com/winners and/or any and all linked sites and/or derivative works thereof, including official Lottery blog and Social Media sites (hereinafter collectively referred to as www.ohiolottery.com online network), you may submit video content (“User Videos”), photographs (“User Photos”), audio (User Audio) and textual content (“User Comments”). User Videos, User Photos, User Audio and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published the Ohio Lottery does not guarantee any confidentiality with respect to any User Submissions.

By submitting User Submissions to the www.ohiolottery.com online network, you hereby grant the Ohio Lottery a worldwide, non-exclusive, royalty-free license to use, share, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Ohio Lottery’s business, including without limitation promoting and redistributing part or all of the http://www.ohiolottery.com online network in any media formats and through any media channels. The Ohio Lottery may utilize online media sites and/or channels and their products, which may include but not be limited to YouTube’s Application Programming Interfaces (APIs), to collect, enable, reproduce, distribute, display, manage and or host User Submissions while retaining all rights to those Submissions. You also hereby grant each network visitor a non-exclusive, royalty-free license to access your User Submissions through the www.ohiolottery.com online network and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the http://www.ohiolottery.com online network and under these Terms of Service. You also understand and agree that the Ohio Lottery and its representatives may retain server copies of User Submissions that have been received but not used or displayed or that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable. Notwithstanding the foregoing, the Ohio Lottery maintains and reserves the right to discontinue use of any Ohio Lottery site at any time and for any reason.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, trademarked, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Ohio Lottery all of the license rights granted herein.

All opinions stated in User Submissions to the www.ohiolottery.com online network are those of the User/Submitter and not necessarily those of the Ohio Lottery Commission or the State of Ohio. The Ohio Lottery does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and the Ohio Lottery expressly disclaims any and all liability in connection with User Submissions.

The Ohio Lottery does not permit copyright-infringing activities and infringement of intellectual property rights on its www.ohiolottery.com online network, and the Ohio Lottery will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. The Ohio Lottery reserves the right to remove, for any reason, User Submissions without prior notice.

2. Submissions Review

User Submissions will not be published until the Ohio Lottery or one of its approved representatives has approved a User Submission. The Ohio Lottery reserves the right to review all Submissions before posting and delete or not post any and all Submissions for any reason including but not limited to Submissions that are judged by the Ohio Lottery or its approved representative(s) to be inappropriate, harmful, offensive, or threatening.

User Submissions that include what the Ohio Lottery judges to be profanity, pornography, hate speech, incitements to violence, personal attacks, or other inappropriate comments or material will not be posted and the submitter may be blocked from the site. The Ohio Lottery reserves the right to remove, for any reason, User Submissions without prior notice.  The Ohio Lottery reserves the right to take steps to block Users who violate any of our posting standards, Terms of Agreement, Privacy Policy or any other policies governing this site.

2. Privacy

The Privacy terms contained herein are in addition to any other terms and provisions contained within the Ohio Lottery’s Privacy Statement located at http://www.ohiolottery.com.

As an agency of the State of Ohio, the Ohio Lottery is governed by Public Records laws as stated in the Ohio Revised Code. Therefore this site and all User Submissions are governed by the Ohio Revised Code Section 149.43 (Public Records Act) and as applicable, Ohio Lottery Policy regarding Public Records.

Except as required by law, the Ohio Lottery is not under any obligation of confidentiality, expressed or implied, with respect to User Submissions. Further, to the extent permitted by law, the Ohio Lottery shall be entitled to use or disclose (or choose not to use or disclose) such User Submissions for any purpose, in any way, in any media worldwide.

Furthermore, all Submissions and User account information are subject to State of Ohio and Ohio Lottery Records Retention laws and policies.

3. Rules for Use

By using the www.ohiolottery.com online network, you agree to the following:

  • You will not send or otherwise post unauthorized commercial communications (such as spam) anywhere on the www.ohiolottery.com network.
  • You will not collect Users’ content or information, or otherwise access the www.ohiolottery.com network, using automated means, such as harvesting bots, robots, spiders, or scrapers.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the www.ohiolottery.com network.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any User.
  • You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing, advertising or otherwise marketing alcohol-related, tobacco-related, or other mature content.
  • You will not offer any contest, giveaway, or sweepstakes (“promotion”) on http://www.ohiolottery.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
  • You will not use http://www.ohiolottery.com to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of http://www.ohiolottery.com, such as a denial of service attack.
  • You will not provide any false personal information on http://www.ohiolottery.com, or create an account for anyone other than yourself without permission.
  • You will not facilitate or encourage any violations of these Terms.

The Ohio Lottery reserves the right to remove without prior notice User Submissions that violate these Terms or for any other reasons.

 

4. Compensation

User Submissions automatically become the property of the Ohio Lottery without any obligation of the Ohio Lottery to you. You are not entitled to any compensation or reimbursement of any kind from the Ohio Lottery under any circumstances, though the Ohio Lottery reserves the right in certain circumstances to provide compensation at standard industry rates for usage of User Submissions in television and/or radio broadcast media and certain print media. Any such arrangement, if approved by the Ohio Lottery, will be explicitly set forth in a separate agreement which agreement will only be effective if signed by an authorized representative of the Ohio Lottery.

5. Limitation of Liability

You agree that your use of the www.ohiolottery.com online network shall be at your sole risk. In no event shall the State of Ohio, the Ohio Lottery Commission or their representatives including but not limited to their agents, employees, directors and/or commissioners be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the www.ohiolottery.com online network, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our online network, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our online network by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via our online network, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Ohio Lottery is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law.

You specifically acknowledge that the State of Ohio, the Ohio Lottery Commission or their representatives including but not limited to their agents, employees, directors and/or commissioners shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

6. Indemnity

You agree to defend, indemnify, and hold harmless the State of Ohio, the Ohio Lottery Commission and their representatives including but not limited to their retailers, agents, employees, directors and/or commissioners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to http://www.ohiolottery.com; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of http://www.ohiolottery.com.

 

7. Ability to Accept Terms of Service

You affirm that you are 18 years of age or older and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.