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READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site, you agree to these Terms and Conditions. If
you do not agree to these Terms and Conditions, do
not use this site. eSuperLOTTO, Inc. ("ESL") will modify
these Terms and Conditions at anytime.
Restrictions On Use of Materials
This site is
copyright protected. All material herein is ESLs and no one elses.
Any textual or graphic material you copy, print, or download is
licensed to you by ESL, Inc. and/or its subsidiaries ("ESL")
for your personal, non-commercial recreational use only, provided
that you do not change or delete any copyright, trademark or other
proprietary notices.
If you download
software from the site, the software, including all files and images,
contained in or generated by the software, and accompanying data
(together referred to as
"Software") are deemed to be licensed to you by ESL, for
your personal, non-commercial
recreational use only. ESL does not transfer either the title or
the intellectual property rights to the Software and ESL retains
full and complete title to the Software as well as all intellectual
property rights therein. You may not sell, redistribute or reproduce
the Software, nor may you decompile, reverse engineer, disassemble
or otherwise convert the Software to a human-perceivable form. All
trademarks and logos are owned by ESL or its licensors and you may
not copy or use them in any manner.
Lottery Enrollment Agreement
The following
sets forth the terms and conditions relating to the arrangement
between the
Partner who is participating ("Partner") and eSuperLOTTO,
Inc. ("ESL").
A. Eligibility. The Partner
is either a corporation or a natural person over the age of 18 years
and is not now nor has ever been an employee of any US state lottery.
B. Ownership. The parties shall
jointly own an interest in any ticket and all the proceeds of any
prize claimed by the parties as tenants in common. The Partner shall
have a ninety percent (90%) ownership interest and ESL shall have
a ten percent (10%) ownership interest in any such ticket and proceeds
for a Jackpot. And twenty percent (20%) to ESL for all other such
tickets and proceeds. ESL will acquire and hold for the parties
any ticket purchased. Either party may claim the prize for any winning
ticket; however, regardless of which party claims the prize, after
the claim is approved by the state lottery, the prize will be divided
between the parties in accordance with each parties interest.
C. Taxes. Each party specifically
agrees and acknowledges that it is responsible for the payment of
its own taxes on income received from the joint ownership of lottery
tickets as well as filing any required forms with the United States
Internal Revenue Service or the appropriate local authorities.
D. Termination of Agreement.
In the case of death of Partner, any and all prize money due to
the deceased Partner shall be paid to his or her estate. On the
event of dissolution of ESL, any and all prize money due to ESL
shall be paid to its successor in interest.
E.
Disclaimer. ESL shall have no duty to purchase tickets for joint
ownership or claim the prize for any winning ticket if prevented
from doing so by acts of God, the actions of any state lottery commission,
federal state and local governments, or for any reason beyond the
control of ESL and its agents or employees.
F. Erroneous Information. A
permanent record will be made of the
State lottery numbers to be played for each Partner. In the event
wrong information is sent to a Partner, a Partner shall not be entitled
to any claim based on the receipt of erroneous information. The
ticket actually purchased on behalf of the Partner will control.
Partner must immediately notify ESL upon receipt of erroneous information.
Partner hereby waives any claim against ESL for the failure to obtain
the proper ticket.
G. Accepting this Arrangement.
This Agreement will be effective upon the first date on which lottery
tickets have been purchased as provided in this confirmation and
will continue until the earlier of the date on which ESL receives
written notice from Partner to terminate the lottery enrollment
or the last date for which lottery tickets are to be purchased as
provided by the Partner's Official Confirmation.
Disclaimers and Limitation of Liability;
Forward-Looking Statements
ESL may change,
move or delete portions of, or may add to, this web site from time
to
time.
THE MATERIALS
IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. ESL DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST
EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, ESL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. ESL DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. ESL DOES
NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ESL)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ESL BE LIABLE FOR
ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN
IF ESL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL ESL'S TOTAL LIABILITY TO YOU
FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO ESL,
IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE
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