TERMS OF USE

TEXAS LOTTERY TINSELTOWN TAKEOVER™

These terms of use (Terms of Use) set forth the terms and conditions that apply to your use of this Texas Lottery® (the TLC or Lottery) Promotional Second-Chance Drawing website (this Website). Participants in the TLC TINSELTOWN TAKEOVER™ Second-Chance Promotion (the Promotion), and all participants’ submissions are subject to the Lottery’s Terms of Use, disclaimers, rules and regulations and Privacy Statement and the Privacy Notice that governs the Promotion. Participants’ submissions related to feedback on this Website are governed by the Lottery’s social media use and participation standards. This Website is operated by Imagine Experience (IE) on behalf of the Texas Lottery (together referred to herein as we or us). By using this Website, you agree to comply with these Terms of Use. The right to use this Website is personal to you and is not transferable to any other person or entity.

TRADEMARKS

All trademarks, service marks, and other commercial symbols (collectively, the Marks) used in connection with the Website are the exclusive property of IE, Scientific Games International, Inc. (SGI), TLC or its or their affiliates or licensors in the United States and other countries. You shall not use the Marks under any circumstances without the prior written consent of the appropriate authorizing party, and in no event shall you use the Marks in connection with any third-party product or service that in any manner is likely to cause confusion or disparages or discredits IE, SGI, TLC, or their affiliates or licensors. Unauthorized use of the Marks may be a violation of federal or state trademark laws. The following trademarks are used by us with permission: TINSELTOWN TAKEOVER™.

COPYRIGHT

All content included on this Website, such as text, marks, graphics, logos, button icons, marks, images, audio clips, digital downloads, data compilations, and software, is the property of the TLC, IE, and SGI or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the Texas Lottery and is protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

We grant you a non-exclusive, revocable, limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with our prior written consent. This license does not include any resale or commercial use of this Website or its content; any derivative use of this Website or its content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website shall not be reproduced, duplicated, mirrored, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior written consent. You shall not frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout, or form) of this Website or mirror this Website without our prior written consent. You shall not use any metatags or any other "hidden text" utilizing IE, SGI, or the TLC’s name or any Marks without the prior written consent of the appropriate authorizing party. Any unauthorized use shall terminate the permission or license granted herein. You shall not use any IE, SGI, or TLC name, logo, Marks or other proprietary graphic or trademark as part of a link without the prior written consent of the appropriate authorizing party, as applicable.

LINKED WEBSITES

We may provide hyperlinks to third-party websites through this Website. By clicking on any of these links, you are leaving this Website. We do not control such third-party websites and are not responsible for the content or use of any such third-party websites or any hyperlink in such third-party website. You are solely responsible for your interactions with any third-party website hyperlinked from this Website, including, but not limited to, your obligations and/or liabilities associated with such third-party website’s terms of use or service, privacy policies, and/or end user license agreements, or any other terms and conditions. We do not endorse, recommend or approve any third-party website hyperlinked from this Website. We shall have no liability to any person or entity for the content or use of the content available through any such third-party website.

COMMUNICATIONS AND SUGGESTIONS

You may submit communications, suggestions, ideas, comments, questions, or other information to IE, SGI, and TLC (collectively Feedback) through the Contact Us page so long as such Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You shall not use a false email address, impersonate any person or entity, or otherwise submit misleading Feedback. You grant IE, SGI, TLC and their affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you submit; that the Feedback is accurate; that use of the Feedback you supply does not violate these Terms of Use and shall not cause injury to any person or entity; and that you shall indemnify IE, SGI, TLC and their affiliates for all claims resulting from Feedback you submit. We shall not take any responsibility and shall not assume any liability for any Feedback submitted by you or any third party. We do not collect information to sell for other commercial marketing. We have taken several steps to encrypt the information you submit and safeguard the integrity of its computer systems and networks, including, but not limited to, individual authentication, the security of transmitted data, security monitoring, and auditing. However, we shall not be responsible for the confidentiality of any information communicated to IE, SGI, TLC through this Website beyond that stated in the Privacy Notice related to this Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information and materials on this Website could include technical inaccuracies or typographical errors. The TLC, IE, and SGI provide such information and materials to you on a strictly "as is" basis without warranty of any kind. Although the information and materials found on this Website have been produced and processed from sources believed to be reliable, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, and RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION AND MATERIALS. THIS DISCLAIMER APPLIES BOTH TO ISOLATED AND AGGREGATE USES OF SUCH INFORMATION AND MATERIALS AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The information provided in these Terms of Use should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information or materials provided through this Website. Changes are periodically made to the information contained herein. Official winners are those selected in the respective drawings. IE, SGI, and/or TLC, and their respective officers, directors, employees and commissioners shall not be held liable for any improper or incorrect use of the information and materials contained on this Website and no such party assumes any responsibility for your use of such information, materials and this Website. In no event shall IE, SGI, TLC, the State of Texas or their respective officers, directors, employees or commissioners be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website or any Promotion, even if advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by misdirected, lost, late, corrupted, stolen or incomplete entries; technical failures including malfunctions, interruptions, failure of performance, or disconnection in phone, cable or satellite lines or network hardware or software; unauthorized human intervention in any aspect of the entry process; or for any entry that does not comply with these procedures or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.

AGE RESTRICTIONS

Persons under eighteen (18) years of age are strictly prohibited from using this Website, participating in any Promotion, submitting any personally identifiable information or using the offered services in any way. No person shall be eligible to claim or receive any prize(s) from IE, SGI, and/or TLC who knowingly uses this Website in violation of the aforementioned age restriction and/or Texas state law.

The Minimum age requirement to attend the TINSELTOWN TAKEOVER™ Promotion in Los Angeles, California is eighteen (18) years.

INDEMNIFICATION

You hereby undertake to indemnify, defend, and hold harmless IE, SGI, the TLC, the State of Texas and their respective affiliates and licensors, and all of their respective predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, partners, employees, agents, and representatives (collectively, the Indemnified Parties) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of these Terms of Use or the representations, warranties, and covenants you have made by agreeing to these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

GOVERNING LAW AND JURISDICTION

By visiting this Website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute of any sort that might arise between or among you, IE, SGI, and TLC. Every dispute concerning the interpretation or effect of these Terms of Use or your use of this site must be resolved in the state or federal courts situated in the State of Texas, Travis County. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

SITE MODIFICATION, CHANGES TO THESE TERMS OF USE AND SEVERABILITY

We reserve the right to make changes to this Website and these Terms of Use at any time. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion. We encourage users to frequently check this page for any changes to these Terms of Use. Your continued use of this Website shall constitute your acceptance of such new Terms of Use. These Terms of Use were last modified in January of 2021.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules, and regulations applicable to your use of this site. In addition, you represent and warrant that (a) you are not located in a country that is subject to an applicable government embargo, or that has been designated by and applicable government as a "terrorist supporting" country, and (b) you are not listed on any applicable government list of prohibited or restricted parties.

YOUR PROVISION OF PERSONAL INFORMATION TO US

When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of this site and refuse any and all current or future use of this site or any portion thereof.

Please be aware that the State of Texas has laws to ensure that the state government is open and transparent. The public has a right to access records and information possessed by the state. These laws apply to information collected by or for the TLC. We collect and retain information as required by Texas records retention laws (Texas Government Code, Chapter 441) and rules. Different types of information are required to be kept for different periods of time. The Texas Lottery is subject to the terms of the Texas Public Information Act, located in Texas Government Code, Chapter 552, which provides public access to certain government records. More information regarding open government laws can be found at https://www.texasattorneygeneral.gov/open-government. For more information regarding the use of your personally identifiable information, please see the Privacy Notice for this site.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term. These Terms of Use shall not constitute a waiver of any Sovereign Immunity or Immunity from Suit on behalf of the TLC, or the State of Texas, generally.

USER CONDUCT

In using this Website, you agree not to disrupt or interfere with the security of, or otherwise abuse this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites. You agree not to disrupt or interfere with any other user’s enjoyment of this Website, use or attempt to use another’s account, service or system without authorization from IE, SGI, or TLC or create or use a false identity on this Website. You shall not upload, post, or otherwise transmit through or on this Website any viruses or other harmful or disruptive files, spam, chain letters, junk or any other type of unsolicited mass email. Attempts to obtain unauthorized access to any site or portion of this Website that is restricted from general access, or to grant a third-party access to such restricted sites or areas, is prohibited.

ACCESSIBILITY

If you have any questions or concerns regarding the accessibility of this application, please send an email to accessibility@lottery.state.tx.us or review the Accessibility Statement of TLC.

PLAY RESPONSIBLY

The Texas Lottery designs its games and products to be a fun form of entertainment. We encourage players to Play Responsibly. For resources to help with problem gambling, please visit the Play Responsibly page on the Texas Lottery website.