REGISTRATION INFORMATION

To register and obtain a TuLotero Account, and thereby become an “Account Holder,” download the App from the App Store, Google Play or follow the link to download the App from the TuLotero webpage. Once you have downloaded the App and registered as an Accountholder, you will have a TuLotero Account through which you can access, among other contents:

• User data: From this option the personal data entered by the User can be modified.
• Authorized retailers: A list of the authorized retailers with which the User will be able to contract the services offered by them is offered.
• Notifications: The User will be able to select the notifications that he/she wishes to receive from the Site and App after the accomplishment of some operation (order and validation of the tickets, prizes, future drawings, jackpots, among others).
• Games: List of bets, games or pools in which you play, tickets purchased, results, and betting history.
• Wallet Balance: From the User’s account it will be possible to view your current balance as well as to make deposits to the digital TuLotero wallet or request withdrawals from the wallet. Balances are in US dollars. Wallet funds do not accrue interest.

In the event that your account is no longer secure and/or confidential, you must change your password as soon as possible. Notify contact@tulotero.com if additional assistance is required.

User Information

The User name and password chosen by the User in the registration process are personal and non-transferable. You agree to diligently safeguard your Username and password, adopt the necessary measures to prevent their loss, theft, disclosure to third parties or unauthorized use, including the statements made in the App, or any other action carried out through the use of your Username and/or password. Moreover, you agree not to disclose the data relating to your account or make them accessible to third parties.

TuLotero may modify the data it requires for the registration of Users for any reason. TuLotero reserves its rights to require additional data. TuLotero may provide User information to law enforcement for compliance purposes or in response to a specific request. Claiming some prizes may require collection of additional personal data in certain circumstances.

Truthfulness of the Data

The User declares and guarantees the truthfulness, accuracy and ownership of the data provided to TuLotero and undertakes to keep them updated at all times. Moreover, the User undertakes to inform TuLotero, as soon as possible, of any cancellation or change of ownership that may occur in relation to the bank account, telephone numbers or email accounts provided for the use of the Site and App as well as for participation in the games of the lottery entities authorized by the jurisdiction through the authorized retailers with which they contract for this purpose.

TuLotero disclaims any liability that may arise from a breach by the User of the above and, in particular, shall be exonerated from any liability for sending messages in accordance with the data provided by the User until TuLotero is notified of the change thereof. In any case, TuLotero reserves the right to request and verify information or documentation necessary for the verification of the data provided by the User. Any lack of cooperation on the part of the User or intolerable behavior may result in the suspension and/or cancellation of the User’s account.

One Account Owner Allowed

Only one (1) account per individual or legal entity is allowed and the use of shared accounts is forbidden. The Account User is the sole party responsible for all transactions, wins, and payments to or from the Account in perpetuity and without limitation.

TIf TuLotero determines that a person has registered more than one (1) account or is found to have violated this section, such person may be reported to the appropriate authorities. As such, you acknowledge and agree that, TuLotero has the right to (a) suspend and/or terminate your account immediately; (b) withhold your account balance; (c) revoke your right to any lottery tickets or corresponding prizes; and (d) refuse any and all current or future use of the Site and App.

In the event of an account ownership dispute, the individual or legal entity that opened the account and provided the payment information shall be deemed the account holder.

TuLotero will not be liable for any loss that you may incur as a result of someone else using your Account. You accept full responsibility for any unauthorized use of the Site and App or your Account and for any use of your payment instrument by any other person or third party in connection with your Account.

TRANSFERS TO AND FROM THE TULOTERO WALLET

Accountholders may withdraw money from their TuLotero wallet through the App. Transfers to bank accounts in USA territory (50 states + The District of Columbia, Excluding Puerto Rico) are free of charge and processed via Automated Clearing House (ACH). If the bank account is outside of the USA, the User will be responsible for all bank charges generated. The User agrees to provide any additional information or documentation that the authorized retailer requires through the Site and App, as long as it is necessary to process the collection of their prizes.

You can request a transfer to a bank account for the prize amount following the second business day after the celebration of the prize draw. To do so, you must access your Account and use the «Transfer» option, indicating the amount to be transferred and the account number. The transfer will generally be made within a maximum period of three working days from the date of your request to withdraw the balance.

Some financial institutions may impose a hold on transfers for reasons outside of TuLotero’s control. Contact your bank if that occurs.

Dormant Accounts

If you do not log into your account for three or more years, we may close your account and escheat any funds in your account to your state of residency, as determined by the information you have provided. If your address is unknown or cannot be confirmed, the funds will be escheated to Florida, the state of incorporation for TuLotero. When required by state law, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds will be escheated to either your state of residency or the state of incorporation of TuLotero. Once the funds have been escheated, you will have to contact the state’s unclaimed property administrator to claim the funds.

CLAIMING YOUR PRIZES

If it is a Winning Ticket and the prize value is less than or equal to the In-Store Redemption Threshold, TuLotero will automatically credit your account for the full prize value, as further described. If a Winning Ticket has a prize value worth more than the In-Store Redemption Threshold, TuLotero will arrange for delivery or pickup of the Winning Ticket to the User.

Prize claims made through this Site and App are subject to the prize payment rules and regulations established by the Lottery entity. TuLotero may provide the Lottery entity with any User information required to process prize claims including, but not limited to, the full name, address and phone number listed in your Account.

The User authorizes the authorized retailer, in which his bet was validated, to carry out on his behalf all the necessary steps for the collection of the prizes so that the User receives his prizes in full. TuLotero is not liable for the payment of any prize. The order for payment and collection of prizes is made by the User to the retailer with which you have contracted the winning game or bet under the terms provided with each of them for this purpose.

Winnings Over the In-Store Redemption Threshold (Usually $600)

Claims for Winning Tickets with prizes totaling more than the In-Store Redemption Threshold and up to $10,000 will, at your option, be delivered via a nationally recognized courier service at TuLotero’s expense or picked up by you.

For Winning Tickets worth more than $10,000

The Accountholder must pick up the ticket in person, subject to the in person requirements set forth in the next paragraph. Such Winning Tickets (i) are subject to approval by the Lottery entity and (ii) must be claimed directly from the Lottery entity either by mail or in person. Claiming rules vary by Lottery entity. Check your Lottery entity for more details. The Lottery entity may withhold taxes from prize distributions for Winning Tickets with claimed prizes totaling more than the In-Store Redemption Threshold. TuLotero will not be liable for verifying the appropriateness or accuracy of taxes withheld from Users’ claims, and Users are solely responsible for handling individual tax situations directly with the applicable jurisdiction. TuLotero will not be liable for any unclaimed prizes associated with Winning Tickets ordered through this Site and App for any reason. You authorize TuLotero to store any such Winning Tickets until delivery or pick up, as applicable.

TuLotero requires, and you agree to present, a government-issued identification in order to pick up any Winning Ticket associated with your Account. In the event you do pick up a Winning Ticket in person, you agree to take full possession and release TuLotero from any responsibility for the Winning Ticket, and any associated prize claims, by signing a ticket release form.

In the event that TuLotero sends you the Winning Ticket, TuLotero will be responsible for paying for the shipping costs and TuLotero is released from any responsibility as soon as the packaged Winning Ticket is put into the possession of the courier service. Prior to or upon shipping, TuLotero will provide you with an email containing the tracking information for your Winning Ticket. You are responsible for ensuring the accuracy of your mailing address. At no time will Non-Winning Tickets be available for in-person pick up or sending via courier.

TuLotero reserves the right to claim a winning ticket that has not been claimed by the user and is within two weeks of the time limit to claim set by the lottery.

Winning Tickets totaling less than or equal to the In-store Redemption Threshold

All payments for Winning Tickets totaling less than or equal to the In-store Redemption Threshold are made to the TuLotero wallet held by the Accountholder who purchased the Winning Ticket through the Site or App.

By using the Site and App you authorize TuLotero to store and claim Winning Tickets with prize totals that are less than or equal to the In-Store Redemption Threshold in the jurisdiction of purchase on your behalf as soon as drawing results are posted. Neither TuLotero nor the authorized retailers from which TuLotero collects these prizes will withhold any applicable taxes on your behalf. TuLotero will deposit the full prize value into your TuLotero wallet.

These amounts may be converted to U.S. dollars and transferred to an eligible checking or savings account in accordance with these Terms. Users may also keep the Withdrawable Credits and use them towards future orders.

If you desire to opt-out of authorizing TuLotero to claim these types of Winning Tickets, you can do so by contacting contact@tulotero.com, specifying whether you want the Winning Tickets to be delivered via a nationally recognized courier or mail service at TuLotero`s expense or picked up by you.

You are solely responsible for paying any tax liability associated with claims made through this Site and App for Winning Tickets with prizes that are less than or equal to the In-Store Redemption Threshold in the state of purchase. The In-Store Redemption Threshold is established by Jurisdiction, and is typically around $600. Check your Lottery entity’s official website for more information.

GROUPS

Users may choose to use this Site and App services to participate in Group Games and may group the tickets with other Accountholders to share prizes (a “Group Game”), subject to the following terms and requirements:

Each player must have a valid Account;

• To participate in a Group Game, the User must purchase a lottery ticket or tickets using their preferred number selection criteria;
• Users are wholly responsible for selecting a Group or other Users for joining a Group Game; TuLotero is not responsible or liable for any combination of Users or tickets;
• User may only play a Group Game for a specific lottery that is isolated to a single jurisdiction and for a single designated draw; TuLotero is not responsible or liable for selecting a jurisdiction or draw;
• Each User agrees and acknowledges that participating in a Group Game is for entertainment purposes only, and the User has no expectation of profiting from the Group Game.
• Users may not withdraw from a Group Game after a lottery draw cutoff.

TuLotero is responsible only for administrative functions and app-based communication services between Users. Users who participate in Group Games agree that TuLotero has no liability for User’s selection of Group Game ticket selections, players, or lottery draws.

Group Games do not increase your chances of winning. Lottery is a game of chance and Users should have no reasonable expectation of profiting from playing.

Winning Group Tickets less than the In-Store Redemption Threshold

The total value of Winning Group Tickets will be apportioned among group members in an amount that corresponds to the User’s proportional contribution to the Group Game. TuLotero will deposit Group Game winnings to Users’ TuLotero wallet.

The payment of the prizes will be made in full and automatically to the TuLotero wallet, free of charge.

Winning Group Tickets with a total prize value that is greater than the applicable In-Store Redemption Threshold

Large Winning Group Tickets will be claimed on a lump-sum basis and disbursed in one of the following ways, to be decided by TuLotero in its sole discretion and/or as required by applicable state law:

• The prize will be split by the Lottery entity.Each group member will provide their ID, social security number and address in order to receive their share of the prize. TuLotero will then provide this information to the Lottery entity and each group member will receive a check for their share of the prize. Taxes may or may not be withheld depending on the amount and Lottery entity. Each individual group member is responsible for paying any taxes that are required. TuLotero will pay the shipping costs and TuLotero is exonerated from any liability as soon as the Winning Ticket is delivered to the courier service.
• The prize will be claimed by TuLotero, or an officer of TuLotero Inc., in each case on behalf of the group members.Each group member will provide their ID, social security number and address in order to receive their share of the prize. Neither TuLotero nor the officer, as applicable, will retain any funds on its own behalf, but will promptly disburse the funds to the individual group Members accordingly. By participating in a Lottery group, you grant TuLotero and its subsidiaries the right to claim prizes on your behalf and disburse the funds. You also authorize the Lottery commission in your jurisdiction to provide TuLotero with any information relating to the withholding of funds in your name for any purpose permitted by that jurisdictions rules and regulations, including, without limitation, withholdings for child support payment and back taxes. Subject to all applicable requirements herein and under applicable law, TuLotero or the officer, as applicable, shall disburse the funds to the Accountholders within a reasonable time following receipt of such funds.

In either case, taxes will be withheld as required by applicable law. It is the responsibility of the individual Accountholder to do their taxes according to regulations in their jurisdiction.

You may need to sign a power of attorney to allow us to claim prizes on your behalf.

The method of collecting the prizes may be changed at any time, in which case we will endeavor to notify Users in advance.

WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY

TULOTERO USA CORP IS NOT AFFILIATED NOR ENDORSED BY ANY STATE/TERRITORIAL LOTTERY OR GOVERNMENT AGENCY.

TuLotero is not a party of the contract for the sales of lottery products and other additional services that take place exclusively between the User and the authorized retailers. TuLotero does not assume any liability regarding the lottery products. TuLotero does not act as a representative of the Users nor of the authorized retailers associated in such contract. TULOTERO DISCLAIMS ANY IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

TuLotero disclaims any liability arising from the breach of the obligations of authorized retailers or Lottery entities in whose games the Users participate.

Additionally, you agree that TuLotero and the authorized retailers are not liable for any of the following related to the Site or App or your purchase of lottery products through the Site or App: (a) The inoperability, lack of usefulness, suitability or validity of the Site and App and/or its services or content to meet your needs, activities or specific results or expectations; (b) any issues related to the reception, obtaining, storage, dissemination or transmission by the Users of the contents of the Site and App or the unauthorized use of a Username and password; (c) the use of incorrect or false data by the Users, including the errors that they may have made when registering and those arising from the failure to update their data; (d) errors by third parties; (e) changes in the operation or regulation of Lottery entities; (f) the introduction of any malicious code or virus; or (g) any infringement of property rights that others may cause by use of this App.

TULOTERO DOES NOT WARRANT OR GUARANTEE THAT THE SITE AND APP WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR DEVICE, NOR DOES TULOTERO WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE DEVICE USED TO ACCESS THE SITE AND APP.

You agree that these Terms govern the entire relationship between you and TuLotero. You may not bring claims against TuLotero in tort, or for incidental, special, or consequential damages, losses or expenses arising in connection with the use of the Site and App or inability to use by any party (including without limitation, damages for loss of profits, business interruption, loss of economic information and the like) or direct business losses, profits or revenues, whether foreseeable or unforeseeable, arising out of the use of the App, or the impossibility of such use, regardless of the origin of the claim (whether in contract, negligence or tort, law or otherwise), even if TuLotero or any of its representatives have been advised of the possibility of such damage, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system or line failure.

You agree to limit any claims for damages from TuLotero to three times the amount of money TuLotero earned from your purchases through the Site or App in the month preceding the transaction or occurrence that proximately caused your claim. You agree to limit any claims for damages from the authorized retailers to the dollar amount you spent with that authorized retailer for the purchase of lottery products that proximately relate to your claim.

TuLotero cannot be held editorially responsible and expressly declares that it does not identify with any of the opinions that may be issued by Users of the App; the author of such opinions are solely and entirely responsible for any consequences therefrom.

USER AGREEMENT AND WARRANTIES

If you do not wish to be bound by these Terms, you must not access or use the Site and App. By declining to accept these Terms, you will be unable to create an Account or access or use the Site and App.

To use this Site and App and purchase lottery products you must meet the following:

1. Be at least eighteen (18) years of age or the age of majority provided by the laws of the Jurisdiction of residence.
2. Have full legal capacity to act and not be under any legal prohibition or limitation for the purchase of lottery tickets as provided by the laws of any jurisdiction or the United States of America.
3. At all times abide by these Terms as set forth herein.
4. Provide accurate and complete personal information where requested, and update TuLotero if your information changes, including credit card or bank account information.
5. Comply with any other applicable laws, regulations, or legal requirements.
6. Any employee of the App shall be ineligible to purchase lottery tickets via the App.

By accessing the Site and App, creating an account via the Site and App (an «Account»), or clicking to accept or agree to these Terms represent and warrant that you have the right, authority and capacity to enter into this agreement, you hereby (a) acknowledge that you have read and agree to be bound to and abide by these Terms; (b) that you are a natural or legal person with legal capacity to accept these Terms; and (c) acknowledge that you have read TuLotero`s Privacy Policy, available at www.tulotero.com; and (d) that you are not prohibited or restricted from accessing or using the Site and App.

Government Restrictions

If you are located in a Jurisdiction that requires you to be twenty-one (21) years of age or older to participate in a Lottery, you must adhere to that Jurisdiction’s laws in order to use the Site and App. If you do not meet all of these requirements, you must not access or use the Site and App. You are responsible for ensuring the legality of the use of the Site and App in your local Jurisdiction.

In addition, residents of countries where it is forbidden to participate in lottery games or those who are under any other type of prohibition to contract the products and services offered by TuLotero or by authorized retailers are excluded.

TuLotero does not intend for the Site and App to be used by persons present in jurisdictions in which participation is prohibited or restricted. Use is limited to being physically present in the jurisdiction where the lottery is operated and verified by geolocation technology. You agree that the availability of the Site and App does not constitute an offer, solicitation or invitation by TuLotero for the use of the Site and App in any jurisdiction in which such activities are prohibited or restricted.

User’s Breach

TuLotero reserves the right to deny access to the Site and App to anyone at its sole discretion.

Any User who breaches these Terms or the Account Terms and Conditions, or performs illegal or fraudulent acts, shall be liable for damages caused directly or indirectly to both TuLotero and other Users

COMMUNICATIONS WITH US

Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to TuLotero via the Site or Internet electronic mail, is the exclusive property of TuLotero and is not confidential. TuLotero CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO TuLotero. Unless otherwise stated, subject to applicable law and TuLotero policies, TuLotero is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to TuLotero and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules).

It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy (the «Privacy Policy»), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

THIRD PARTY LINKS AND SITES

In the Site and App may appear links to the websites of other companies that TuLotero does not control. TuLotero is not responsible for the content of those websites, or additional ‘links’ that may appear on those sites. The connection that the User makes from this Site and App to any other establishment, will take place at your own risk and responsibility.

Under no circumstances shall links or connections imply any commercial relationship between TuLotero, or suggestion, recommendation or invitation to visit such sites. TuLotero assumes no liability whatsoever, even indirectly or subsidiarily, for damages of any kind that may arise from access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed by itself.

INTELLECTUAL PROPERTY RIGHTS

All rights over the App belong to TuLotero. You acknowledge and agree that the Site and App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site and App under these Terms, or any other rights thereto other than to use the Site and App in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms. TuLotero and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Site and App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. We reserve all rights to seek damages under this agreement or remedies under federal or state intellectual property laws for all violations of our intellectual property rights.

When you download the App or register for a TuLotero account (“Account”), TuLotero grants you a non-exclusive, non-transferable and non-sublicensable limited use license to access and use the App for personal, non-commercial purposes. The license will remain in force until: (a) the license is terminated at the request of the User at any time, without prejudice to the User’s duty to fulfill the payment obligations that, if any, were pending at the time of termination; (b) if the User breaches the Account Terms and Conditions or these Terms, without prejudice to any party’s rights to demand the fulfillment of the obligations that remain outstanding by the User, as well as, where appropriate, compensation for damages caused; (c) when the App is deleted by the User from all his devices, without prejudice to the User’s duty to comply with the payment obligations that, if any, were pending at the time of termination.

Termination of your license shall not limit any of TuLotero’s rights or resources at law or in equity.

In any case, the Site and App may not be copied, modified, developed, decompiled and disclosed.

License Restrictions

You acknowledge and agree that you shall not:

• Copy the Site and App, except as expressly permitted by this license.
• Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site and App or any of the Content on the Site and App.
• Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site and App or any part thereof.
• Alter or modify, in whole or in part, the App, circumventing, disabling or otherwise manipulating the functions or services of the App.
• Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Site and App or Content, including any copy thereof.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site and App or any features or functionality of the Site and App, to any third party for any reason, including by making the Site and App available on a network where it is capable of being accessed by more than one (1) Computer or Mobile Device at any time.
• Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site and App or the Content thereon.
• Use the Site and App or the Content in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.
• Use the Site and App or Content in violation of these Terms or applicable law.

Any use by you of another User’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from TuLotero has been granted. You agree that you will not use the Site for chain letters, junk mail, «spamming,» solicitations (commercial or non-commercial), or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

Further, Users shall refrain from using their Account or the App for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the App, its contents and services. In addition, it is forbidden to prevent the normal use or enjoyment of the App to other Users. You agree:

• Not to use the App to host, store, disclose, publish, distribute or share any content that may involve unlawful interference or infringement in any way of the reputation, image and personal and family privacy of third parties and, especially, of minors.
• Not to publish in the App information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order or use the App to slander, defame, intimidate, violate self-image or harass other Users.
• Not to infringe industrial and intellectual property rights or the rules governing the protection of personal data.
• Not to access the email accounts of other Users.
• Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alter the contents or systems of TuLotero or third parties.

Violations

Any User may report another User who considers that the other User is in breach of these Terms. In addition, all Users may inform TuLotero of any abuse or violation of these conditions, through the email contact@tulotero.com TuLotero will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to remove and/or suspend any User from the App for breach of these Account Terms and Conditions. TuLotero also reserves the right to remove and/or suspend any message with illegal or offensive content, without prior notice or subsequent notification.

If you violate these restrictions, TuLotero may terminate your Account as well as your limited right and license to use the Site and App. Those who fail to comply with these restrictions shall be liable for any loss or damage they cause. TuLotero may refer you to the competent authority for violation of any applicable law in the corresponding jurisdiction.

Infringements

If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to TuLotero’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address, and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. TuLotero’s agent for notice of claims of copyright infringement on the Site is: contact@tulotero.com.

UPDATES

TuLotero may in its sole discretion develop and provide Site and App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, «Updates»). Updates may also modify or delete in their entirety certain features and functionality. You agree that TuLotero has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either (i) the Site and App will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Site and App or portions thereof may not properly operate should you fail to promptly download and install all Updates. You further agree that all Updates will be deemed part of the Site and App and be subject to these Terms.

MOBILE DEVICE AND SERVICE CHARGES

Certain features of the Site and App require communication with TuLotero`s servers, including, without limitation, Site and App downloads and Updates, which may consume and exceed your service provider’s data or minute allowance limits. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of the Site and App, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your Mobile Device and to ensure that your Mobile Device meets the system requirements of the Site and App, including obtaining periodic updates or upgrades from your Mobile Device service provider to continue using the Site and App.

ACCOUNT TERMINATION

To unsubscribe and cancel your account, you must send your request by email to contact@tulotero.com. If you proceed with the cancellation, the remaining balance will be returned to your bank account.

TuLotero reserves the right to cancel and/or suspend an account for any reason.

In the event of Account cancellation or suspension, TuLotero may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, Account Funding and withdrawals. Registered Users of Accounts for which suspension escalates to Account termination will be subject to forfeiture of prizes awarded for Winning Tickets back to the Lottery entity, and will be permanently restricted from using this Site and App in any capacity.

You can also unsubscribe from the App through the tab provided in the same for this purpose, identified as «Delete Account» in your User profile. The simple deletion of the Site and App in your terminal does not imply in any case the cancellation of the service.

DAILY PURCHASE LIMIT

To protect customers, TuLotero imposes a daily funding and purchase limit per Account holder and may in its sole discretion change the daily funding or purchase limit on an individual basis. Once a daily spending limit is reached, no further transactions can be made on the User’s Account until 24 hours after the last qualifying transaction.

Users may also adjust their daily funding or purchase limit within the App or by contacting Customer Support (contact@tulotero.com), TuLotero reserves the right to refuse increasing a limit.

SELF-EXCLUSION

If you wish to exclude yourself from TuLotero, you can apply a self-exclusion to your Account at any time. A self-exclusion will suspend you from playing at TuLotero for a specified period or permanently.

• We will no longer fund your wallet or make plays during this specified period.
• All currently activated autoplay will be disabled.
• Earnings from pending orders will be delivered to you.
• You can withdraw the remaining credits in your wallet.

INSUFFICIENT FUNDS AND RETURNED PAYMENTS

Some Lottery entities do not allow lottery product purchases by credit card. Returned ACH payments may be subject to a fee as follows:

• Returns of payments made by bank card (credit and debit): in these cases the User will be charged for the bank charges incurred and any other charges or expenses attributable to the refund.
• Returns of payments made by direct debit or bank transfer:in these cases the User will be charged the amount required to reimburse ToLotero for any fees TuLotero incurred as a result of a returned debit or bank transfer fee. Such fees may be up to $15.00 per occurrence, up to three times per transaction.
• Wallet Deductions:In both cases, the amounts to be collected by the retailer will be deducted from the User’s wallet. If the User does not have sufficient balance in the wallet, the following may occur:
  • The authorized retailer, through the Site and App, may cancel any product purchased by the User and for which the bets or tickets have not yet been purchased until the amount due (including expenses incurred) is received.
  • The authorized retailer, through the Site and App, may collect the amount due from the collection of the prizes won by the User.
  • The authorized retailer, by or through TuLotero, may take all actions it deems appropriate, both judicial and extrajudicial, as allowed by each jurisdiction, in order to recover the amounts owed. In case of non-payment or debts by the User, the authorized retailer reserves the right to cancel or limit the service provided to the User.
  • The User’s account may be suspended and/or canceled.

CLAIMS AND DISPUTE RESOLUTION

TuLotero has a friendly complaint procedure that is initiated by the User through the email address contact@tulotero.com. TuLotero will work together with the User to collect the necessary information about your complaint and/or incident.

TuLotero undertakes to contact the User in the event of any complaint, within a period not exceeding 72 hours from the notification of the complaint.

AGREEMENT TO ARBITRATE

TPLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Time Limit for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE SITE AND App OR ANY OF THE SERVICES PROVIDED BY TuLotero OR THROUGH THE SITE AND APP MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OF THE CLAIM’S ACCRUAL OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.
• We Both Agree to Arbitrate. You and TuLotero agree to resolve through final and binding arbitration any claims relating to these Terms, the Site and App, and any Tickets, prizes or other services offered on or through the Site and App, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside or virtually. For residents outside the United States, arbitration shall be held virtually and you and TuLotero agree to submit to the personal jurisdiction of any or state or federal court in Denver, Colorado to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.
• Opt-out of Agreement to Arbitrate.You can decline this agreement to arbitrate by sending a letter to TuLotero that must be postmarked within 30 days of your first acceptance of these Terms. The letter must specify your first and last names, Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to contact@tulotero.com.
• Arbitration Procedures.The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the «JAMS Rules») and under the rules set forth in these Terms. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
• Arbitration and Attorney’s Fees.TuLotero will pay your first $250 of arbitration filing fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless TuLotero is otherwise specifically required to pay such fees under applicable law. The JAMS Rules will govern payment of all other filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on TuLotero and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. TuLotero and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, TuLotero and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. TuLotero and you understand that, absent this mandatory arbitration provision, TuLotero and you would have the right to sue in court and have a jury trial. TuLotero and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If TuLotero is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to TuLotero.
• Severability. Waiver of Jury Trial.If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, TuLotero and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of TuLotero to the extent that any such claims arise out of your access to, and/or use of the Site and App, and/or the provision of services and/or technology on or through the Site and App.
• Exceptions to Agreement to Arbitrate.Either you or TuLotero may assert claims, if they qualify, in small claims court provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

• You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
• BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST TuLotero AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE SITE AND App IN ANY WAY.
• Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and TuLotero agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Denver, Colorado. Both you and TuLotero consent to venue and personal jurisdiction there.
• Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act («FAA»), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Colorado governs these Terms and any claim or dispute that you may have against us, without regard to Colorado’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

GENERAL TERMS

Indemnification.You agree to defend, indemnify and hold harmless TuLotero from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and App, including, but not limited to, any use of the Site and App’s Content and products other than as expressly authorized in these Terms or your use of any information obtained from the Site and App. If you are obligated to provide indemnification hereunder, TuLotero may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without TuLotero’s written consent. If you are obligated to provide indemnification hereunder, TuLotero may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.

Waiver and Severability.No waiver of by TuLotero of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TuLotero to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment.TuLotero may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, TuLotero may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms without the TuLotero`s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Independence of clauses.If any of the clauses of these Terms of Use of the Service is null and void or voidable, it shall be deemed not to be in force. Such declaration of nullity shall not invalidate the rest of the Terms of Use of the Service, which shall remain in force and effective between TuLotero and the User.