Terms and Conditions
By Using this Site, You Agree to these Terms – for General Use of Site and for Submissions
Change, Suspension or Termination: We reserve the right, at our sole discretion, to change, suspend or terminate your use of this Site or the services, products and information on this Site at any time for any reason (including, without limitation, if we learn that you have violated these terms) without notice to you. You agree that we shall not be liable to you or to any third party for any change, suspension of termination of your use of this Site or the services, products and information on this Site.
As a User of www.mdlottery.com® and/or any other part of the www.mdlottery.com online network (defined above under “Disclaimer”), 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 Maryland Lottery does not guarantee any confidentiality with respect to any User Submissions.
By submitting User Submissions to the www.mdlottery.com online network, you hereby agree to these Terms & Conditions and all other policies and notices on this website or Site (“Terms”) and grant the Maryland State Lottery and Gaming Control Agency, the Maryland State Lottery and Gaming Control Commission, and the State of Maryland 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 Maryland Lottery’s business, including without limitation promoting and redistributing part or all of the www.mdlottery.com online network in any media formats and through any media channels. The Maryland Lottery may utilize online media sites and/or channels and their products, which may include but not be limited to Facebook, Twitter, and 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 mdlottery.com online network visitor a non-exclusive, royalty-free license to access your User Submissions through the www.mdlottery.com online network and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the www.mdlottery.com online network and under these Terms. You also understand and agree that the Maryland Lottery and its representatives may retain server copies of User Submissions that have been received and used or displayed, 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 Maryland Lottery maintains and reserves the right to discontinue use of any Maryland Lottery site including any part or parts of the www.mdlottery.com online network 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 Maryland Lottery all of the license rights granted in these Terms, and by posting that material you do grant the Maryland Lottery all of the license rights granted in these Terms.
All opinions stated in User Submissions to the www.mdlottery.com online network are those of the User/submitter and not necessarily those of the Maryland Lottery. The Maryland Lottery does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and the Maryland Lottery expressly disclaims any and all liability in connection with User Submissions.
The Maryland Lottery does not permit copyright-infringing activities and infringement of intellectual property rights on its www.mdlottery.com online network, and the Maryland 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 Maryland Lottery reserves the right to remove, for any reason, any User Submissions without prior notice.
User Submissions will not be published until the Maryland Lottery or one of its approved representatives has approved a User Submission. The Maryland Lottery reserves the right to review all User Submissions before posting and to delete or not post any and all User Submissions for any reason including but not limited to User Submissions judged by the Maryland Lottery or its approved representative(s) to be inappropriate, harmful, offensive, or threatening.
Privacy – for General Use of Site and for Submissions
As an agency of the State of Maryland, the Maryland Lottery is governed by the Public Information Act as stated in the Maryland Annotated Code. Therefore this site and the rest of the www.mdlottery.com online network [defined in “Disclaimer”], and all User Submissions are governed by section 10-611 et. seq. of the State Government Article and as applicable, Maryland Lottery Regulations [ at Link?*]and Policy regarding Public Records.
Except as required by law, the Maryland Lottery is not under any obligation of confidentiality, express or implied, with respect to User Submissions. Further, to the extent permitted by law, the Maryland Lottery shall be entitled to use and/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 Maryland and Maryland Lottery Records Retention laws and policies.
Rules for Use– for General Use of Site and for Submissions
By using the www.mdlottery.com online network, you agree to the following with regard to or on, from, or to any portion of the www.mdlottery.com online network:
- You will not send or otherwise post unauthorized commercial communications (such as spam) anywhere on the www.mdlottery.com online network.
- You will not collect www.mdlottery.com online network content or information except as otherwise provided herein and/or Users’ content or information, or otherwise access the www.mdlottery.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.mdlottery.com online network.
- You will not upload viruses or other malicious code to the www.mdlottery.com online network.
- 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 or transmit anything that is hateful, threatening, pornographic, false, infringing, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane, or that contains nudity or graphic or gratuitous violence, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- 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 the www.mdlottery.com online network without our prior written consent. If we consent, you take full responsibility for the promotion, and you will follow all applicable laws.
- You will not use the www.mdlottery.com online network to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of the www.mdlottery.com online network, such as a denial of service attack.
- You will not provide any false personal information on the www.mdlottery.com online network, or create an account for anyone other than yourself without that person’s permission.
- You will not facilitate or encourage any violations of these Terms.
- The Maryland Lottery reserves the right to remove without prior notice any and all User Submissions for any reason, including any violation of these Terms.
- Use of the Site is governed by the Terms.
- If the Maryland Lottery requests information from Users via any survey or contest, participation is voluntary. User may subscribe to Lottery’s newsletters. Demographic information may be requested for access to a survey, contest, or newsletter.
- The Maryland Lottery may at any time, and without notice, revise any of the policies, notices and/or Terms on the www.mdlottery.com online network. You are bound by any such revisions. Therefore, you should periodically visit the policies, notices and Terms to review the current policies, notices and Terms.
- The Terms and all other policies and notices on this Site, as well as your use of the www.mdlottery.com online network, are governed by the laws of the State of Maryland, without regard to its choice of law provisions. You expressly agree that exclusive jurisdiction for any claim, dispute, action, or proceedings with the Maryland Lottery or relating in any way to your use of the www.mdlottery.com online network instituted by you resulting from, arising out of, relating to or in connection with use of this Site, the information, products and services provided on this Site or these Terms resides exclusively in the State courts located in Baltimore City, Maryland, United States of America. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Maryland in connection with any such dispute, including any claim involving MD Lottery or any of their affiliates, subsidiaries, employees, officials, contractors, officers, directors, vendors and content providers.
User Submissions automatically become the property of the Maryland Lottery without any obligation of the Maryland Lottery to you. You are not entitled to any compensation or reimbursement of any kind from the Maryland Lottery under any circumstances, though the Maryland 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 Maryland Lottery, will be explicitly set forth in a separate agreement which agreement will only be effective if signed by an authorized representative of the Maryland Lottery.
Except for third party content, the contents of this Site are copyrighted by us. All rights are reserved. Except the use of any widget in accordance with the widgets’ paragraph of these Terms, and except as otherwise provided in Notice regarding documents available on this website and the www.mdlottery.com online network above, no part of this Site or the services, products and information on this Site may be reproduced or transmitted in any form by any means without our express written permission. Without limiting the foregoing, you shall not (i) direct link, inline link, deep link, or otherwise hyperlink any page of this Site other than the home page; or (ii) page-scrape, robot, spider, hack, password mine or use any similar automatic or manual program or process to use the Site. We retain and exclusively own all right, title and interest in and to our computer programs, software, and technology (“Technology”), our trademarks, trade names, brand names, logotypes, symbols, service marks, domain names, and the goodwill of the business symbolized thereby (“Trademarks”) and our methodologies, processes, techniques, ideas, concepts, trade secrets and know-how (“Knowledge”), as well as our copyrights, patents, trade dress or other intellectual property rights, including, without limitations, any Technology, Trademarks, knowledge or copyrights, patents, trade dress or other intellectual property rights developed, generated or supplied by you in connection with your use of this Site and the services, products and information on this Site.
The service, products and information on this Site include access to this Site’s widget(s), which can be placed on personal and public pages on this Site, other web sites that you either own or are legally permitted to access, or your computer’s desktop. You may not change or modify any widget on the Site or any component of a Maryland Lottery widget in whole or in part. For example, you may not remove or alter any proprietary notice or legend on a Maryland Lottery widget regarding our proprietary rights in such widget. You may also not use the Maryland Lottery widget in violation of applicable law. For example, you may not use this widget to display, transmit or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of any widget on this Site. To the extent that any such data or information is collected, we exclusively own such data or information and may use such data or information for any lawful purpose. The provisions of this paragraph are in addition to, and not intended to limit or modify, the proprietary rights provisions of these Terms.
Limitation of Liability– for General Use of Site and for Submissions
You agree that your use of the www.mdlottery.com online network shall be at your sole risk. MD Lottery shall not 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.mdlottery.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 www.mdlottery.com online network by us or any third party or any other way, 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 www.mdlottery.com online network , whether based on warranty, contract, tort, or any other legal theory, and whether or not the Maryland 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 MDLottery shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct, language, submission, or posting of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnification and Release– for General Use of Site and for Submissions
You, on behalf of yourself, your spouse, your partner, anyone relying on you for support, anyone entitled to act on your behalf, as well as your legal representatives, personal representatives, executors, heirs, administrators, assigns, and insurers, hereby expressly release and discharge MD Lottery from, and waive as against MD Lottery, and agree to defend, indemnify and hold harmless MD Lottery, MD Lottery’s affiliates, and their respective directors, officers, employees, independent contractors, agents, and other representatives for, from and against any and all claims, demands, suits, and causes of action, for any and all losses, liabilities, costs, expenses, and damages of any kind, whether direct, indirect, incidental, special, punitive, or consequential, liabilities, costs, expenses, obligations, and/or debt, including damage to property, personal injury, and death, and other damages (including but not limited to attorney’s fees) directly or indirectly resulting from, arising out of, relating to or in connection with: (i) your use of and/or access to www.mdlottery.com, this Site, or the services, products, or information on this Site; (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; and/or (iv) any claim that one of your User Submissions caused damage to a third party. This paragraph is intended to be applicable to the maximum extent allowed by law. This waiver and release, defense and indemnification obligation will survive these Terms, the www.mdlottery.com online network, and your use of www.mdlottery.com.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these
Terms, in whole or in part, at any time, which shall be effective when notice of such is posted on this Site. Your continued use of this Site after such posting shall be considered acceptance of those changes, modifications, additions or removals. These Terms constitute the entire agreement between you and us in connection with your use of this Site and the information, products and services provided on this Site, except for any additional terms and conditions for which you will be notified or prompted by this Site that you are agreeing to before proceeding. Any cause of action you may have with respect to use of this Site or the information, products and services provided on this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms to be unenforceable, then such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of these Terms and the remainder of these Terms shall continue in full force and effect.
Survival of Terms
In the event of any termination of these Terms, then the following terms shall survive indefinitely:
- proprietary rights, widgets, disclaimers, limitation of liabilities, events beyond control and indemnification provisions and paragraphs set forth above;
- other provisions noted above or elsewhere in the Terms as surviving; and
- this paragraph.