1. Introduction
    1. North Carolina Education Lottery Accounts

      A North Carolina Education Lottery ("NCEL") Account on nclottery.com or through the NCEL Mobile Application ("NCEL Mobile App") offers players located in North Carolina the ability to purchase and play select lottery games, as well as, earn and redeem points with Lucke-Rewards® on their personal computers, mobile devices, and electronic devices (collectively “NCEL Account”). Purchases, Lucke-Rewards®, and other activities using nclottery.com or the NCEL Mobile App are governed by these Terms of Service and Use (“Terms”). Please review them carefully.
    2. Definitions
      1. “Account” means a NCEL Account registered on the Services; 
      2. “Digital Instants” means online games of chance for which the outcome of a play is determined by the gaming system at the point of purchase and is not affected by the skill, judgment, or action of you, the player. Our gaming system distributes outcomes based on the probabilities within the prize structure and not from a diminishing pool or range of plays. The overall chances of winning in a Digital Instant game at each prize level are determined by the prize structure;
      3. “Draw Based Game” means a game which is sold at retail locations, may be sold online, and for which there is a formal process of randomly selecting winning numbers in accordance with the game rules;
      4. “Online Play Purchase” means:
        1. for a Draw Based Game, when the “Submit” button is selected on the payment detail screen; and
        2. for Digital Instants, when the “Play” button or icon is selected on the applicable game.
      5. "Services" means nclottery.com and any version of the NCEL Mobile Application including access to nclottery.com and all services, functions, and features described in these Terms; 
      6. "Terms" means these terms of service and use; “online” means use of the internet or any other means to access the Services; 
      7.  “we,” “us,” and “our” means the North Carolina Education Lottery, its agents, contractors, sub-contractors, and third parties involved in producing or delivering the Services; and
      8. “Player,” “Member,” “you” or “your” refers to you, the user/participant/member/entrant.
    3. Acceptance of Terms

      You are subject at all times to the Terms, the NCEL Privacy Policy, Lucke-Rewards® Rules, other NCEL Rules, Regulations, Policies, Directives and Procedures, and the North Carolina State Lottery Act. Your participation in a NCEL Account is conditioned upon your acceptance, without modifications, of these Terms and your certification that you meet the eligibility requirements set forth in these Terms.

      In order to participate in the Services, you must first register for a NCEL Account on the NCEL website or Mobile App and expressly accept these Terms. The NCEL may update or revise these Terms at any time without notice. Any modifications posted on the NCEL website or Mobile App will be effective immediately. You are responsible for reviewing the Terms periodically for any such modifications. Your continued participation in NCEL Account means that you accept all such updates or revisions. If you do not agree to the Terms, your only remedy is to cease participating in a NCEL Account and to cancel any Account or Service for which you have registered.

      The Terms, and any posted rules or instructions regarding a particular game, activity and/or promotion, constitute the entire agreement between you and the NCEL, regarding your rights and obligations in your participation in a NCEL Account. If there is any conflict between the Terms and any other rules or instructions posted on the NCEL website or Mobile App, the NCEL shall resolve the conflict at its sole discretion. If you have any questions about the Terms, please contact us by phone, chat, or email via the HELP page of the website or Mobile App.

    4. Violation of Terms

      We may take any lawful action we deem appropriate in response to an actual or suspected violation of any applicable rules and/or these Terms. This includes, but is not limited to: suspending or terminating your NCEL Account; blocking access to the Services; withholding your withdrawal of any funds pending completion of an investigation; invalidating a purchase; refusing to award a prize or reclaiming a prize that has been awarded; reporting and providing information about your actions to any third party, including law enforcement; cooperating in any investigation; and initiating or participating in any civil and/or criminal action. By violating any applicable rules and/or these Terms, you waive and forfeit any claim to a prize or any portion of a prize.

  2. NCEL Account Registration

BY USING THIS WEBSITE OR MOBILE APP, YOU AGREE TO THE FOLLOWING TERMS GOVERNING YOUR NCEL ACCOUNT.

A NCEL Account offers various information, activities, promotions and services related to the NCEL. Account Members are automatically enrolled in the Lucke-Rewards® program, which offers Members an opportunity to collect points ("Points"). Members may use their Points to participate in drawings and other promotional offers as provided by the NCEL. NCEL Accounts and any activities associated with NCEL Accounts are void where prohibited by law. Participation is open to persons who are at least eighteen (18) years of age or older. NCEL Accounts are provided to individuals only. Corporations, associations or any groups may not participate in NCEL Accounts. Employees of the NCEL and NCEL contractors/vendors are prohibited from participating in any NCEL Account promotions and offerings.

To create a NCEL Account, you must complete the required registration fields and submit a legitimate, working email address that is registered in your name and a password. You must also confirm your NCEL Account by completing the confirmation process as required via our confirmation email.

You may utilize no more than one single active NCEL Account. Utilizing more than one (1) single active NCEL Account may subject you to disqualification in any NCEL promotions associated with the NCEL website and Mobile App. The NCEL reserves the right, without warning, to terminate membership(s) of any individual who purposely establishes more than one single active NCEL Account utilized in the NCEL Lucke-Rewards® program and any selected entry associated with such Account in any drawing may be disqualified. An NCEL Account will be deemed inactive if there has not been any activity associated with such Account for the past ninety (90) calendar days.

You are solely responsible for all activity on your NCEL Account and for the security of your computer system/mobile devices. You are also responsible for ensuring that the contact information that you provided for your NCEL Account is current and valid. Failure to keep such information updated may result in forfeiture of prizes.

NCEL Accounts are provided to individuals only. All questions or dispute regarding eligibility for any NCEL Account, Lucke-Rewards® activities and/or promotions, online play services, or your compliance with these Terms will be resolved by the NCEL in its sole discretion. By participating in a NCEL Account, you acknowledge and accept that that the NCEL may send you emails that include information that the NCEL believes you may be interested in as an NCEL Account user. To discontinue receiving such email, you must opt out by requesting to deactivate your NCEL Account; however, you will no longer have access to Member-only areas of the NCEL website or Mobile App and any Points accrued to date are forfeited.

You are responsible for the payment of any and all applicable taxes, and other State withholdings, which may result from your participation in any NCEL Account activities and/or promotions.

The NCEL is not responsible for information that you choose to communicate to other users on the NCEL website or Mobile App, or for the actions of other participants. Once you post or send any content to the NCEL website or Mobile App, you expressly grant the NCEL the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content in any form, anywhere, with or without attribution to your identity, and without any notice or compensation to you of any kind. Please note that all of the information collected on this website or Mobile App may be public record and may be subject to inspection and copying by members of the public, unless an exemption or other protection in the law exists.

Some of the content available on the NCEL website and Mobile App is owned by the NCEL or other third parties, and is protected by copyrights, trademarks, and other intellectual property rights. The NCEL website and Mobile App may include hyperlinks to websites operated by parties other than the NCEL. Those sites may collect data or solicit personal information from you. The NCEL does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

YOU EXPRESSLY AGREE THAT THE USE OF THE NCEL WEBSITE, MOBILE APP AND THE INTERNET IS AT YOUR OWN RISK. THE NCEL WEBSITE AND MOBILE APP AND THE NCEL'S PRODUCTS AND SERVICES, THIRD-PARTY PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NCEL PROVIDES THE NCEL WEBSITE AND MOBILE APP AT NO CHARGE TO USERS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR MOBILE APP AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE NCEL WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND MOBILE APP AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL AREA. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NCEL IS TO STOP USING THE NCEL WEBSITE AND MOBILE APP AND TO CANCEL YOUR NCEL ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT THE NCEL AND THE STATE OF NORTH CAROLINA ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE NCEL WEBSITE AND/OR MOBILE APP. IN NO CASE SHALL THE NCEL AND THE STATE OF NORTH CAROLINA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE NCEL WEBSITE AND/OR MOBILE APP, THE USE OF THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE NCEL WEBSITE AND/OR MOBILE APP. THE NCEL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE OR MOBILE APP AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

You agree to defend, indemnify and hold harmless the NCEL, the State of North Carolina, their Executive Directors, Commissioners, officers, employees, licensed retailers, vendors and agents from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms for which you are responsible or in connection with your transmission of any content on the NCEL website and/or Mobile App. The NCEL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. The laws of the State of North Carolina govern these Terms.

Lucke-Rewards®

The NCEL reserves the right to change the Lucke-Rewards® program at any time and in any format or to terminate the program with prior notice to its Members. The Lucke-Rewards® program is operated by an independent third party vendor, under contract with the NCEL. Notwithstanding anything to the contrary contained herein, Members are limited to entering a total of seventy-five (75) tickets, purchased from a retail location, per day, which include game tickets for any second-chance drawing promotions. Members earn Points for entering NCEL Scratch-Off and/or Retail game tickets/plays through the NCEL website or Mobile App, or be awarded points automatically with eligible Online Play Purchases and completion of specified non-spend activities as available.

Points have no monetary or property value nor directly associated with the face value of tickets/plays entered. Point value will be revealed upon the successful submission of each eligible ticket/play, successful completion of an Online Play Purchase, or upon successful completion of a designated non-spend activity. Each eligible ticket/play has a point value based upon a range of values assigned by the NCEL. Points are not transferable for any reasons, including upon death of a Member or in domestic dispute matter. Point balances from more than one Account will not be combined.

The NCEL reserves the right to invalidate Points and/or entries into any drawings if it determines that such Points were obtained fraudulently or improperly and/or from tickets/plays deemed lost or stolen or not sold pursuant to the North Carolina State Lottery Act or any NCEL rules and regulations. The NCEL also reserves the right to suspend and/or terminate any NCEL Account if the NCEL suspects that a Member has engaged in any misrepresentation or fraudulent activities, or failed to comply with these Terms or any rules associated with the Lucke-Rewards® program. If a Member's Account has been terminated, the Member forfeits any Points accrued to date.

The NCEL reserves the right to modify the drawings available for participation in, as well as their corresponding Point values, at any time for any reason. Point redemptions for drawings are final and the Points will be deducted immediately from the Member's NCEL Account. The odds of a Member being selected to win a prize in each drawing depend upon the number of entries (received through Points) from all Members. Drawing entries are eligible for one drawing only, unless otherwise specified in the specific drawing rules. A Member may win no more than one prize in any drawing. Points used for drawing entries may not be canceled or returned.

The NCEL or its designee shall attempt to contact each drawing winner via the telephone, email address and/or address provided by the Member via his/her NCEL Account. The Member forfeits any prize if the NCEL or its designee is unable to contact the winner, or the winner fails to claim within the specified period as determined by the NCEL. In cases of forfeiture, the NCEL shall replace the winner with an alternate, and the person who was previously selected as a winner is no longer entitled to the prize

3. Lucke-Rewards Rules

  1. GENERAL PROVISIONS
    1. The NCEL and its designated Lucke-Rewards® program provider(s) will operate the Lucke-Rewards® program under the provisions provided in this document.
    2. The Lucke-Rewards® Rules are comprised of (1) the North Carolina State Lottery Act; (2) NCEL Rules and Regulations; (3) NCEL Account and the Terms; and (4) the Lucke-Rewards® Rules. Each numbered item cited above shall have equal weight unless there is an inconsistency between or among the documents, in which case the document listed first shall be controlling.
    3. By submitting a Lucke-Rewards® entry or participating in Lucke-Rewards® activities, you are bound by the Lucke-Rewards® Rules.
    4. The NCEL may use, without limitation, your name, city, state of residence, likeness, and/or voice in any promotions, research, marketing, publications, or other advertising media including, but not limited to, NCEL Website without compensation or additional release.
    5. The NCEL reserves the right to use the names, addresses, and telephone numbers of all entrants for research and marketing purposes.
    6. These rules may be amended at the NCEL's discretion.
    7. Lucke-Rewards® and/or any parts thereof, including the award of any prizes, is void where prohibited by laws.
    8. ELIGIBILITY
      1. You must be at least eighteen (18) years old to participate and must utilize only one active NCEL Account.
      2. The NCEL reserves the right to discontinue eligibility of any game(s).
      3. An eligible scratch-off entry is any ticket from any NCEL scratch-off game that has not passed that game's posted Claim Deadline.
      4. An eligible retail NCEL terminal generated (such as Powerball® or a Fast Play game) entry is a valid ticket/play that includes a Lucke-Rewards® Entry Code printed on the ticket or Online Play game that receives an automatic point award. Winning and non-winning retail NCEL terminal generated game tickets with the printed code are eligible. Retail NCEL terminal generated game tickets printed without a Lucke-Rewards® Entry Code are not eligible. The Lucke-Rewards® Entry Code on a retail NCEL terminal generated game ticket expires 180 days from the purchase date printed on the ticket.
      5. An eligible Online Play game entry is a valid ticket/play that receives an automatic point award. Winning and non-winning Online Play game tickets are eligible.
      6. Canceled game tickets (if applicable) are not eligible for Lucke-Rewards® points.
      7. If you cash a game ticket with Multi-Draws remaining, only the first exchange ticket will have a Lucke-Rewards® Entry Code.
      8. Depending upon the game (whether retail or Online Play), entries for Lucke-Rewards® points may automatically enter you into other programs or require you to opt into other programs, including Second-Chance drawing promotions.
    9. PLAYER REGISTRATION
      1. To access Lucke-Rewards®, you must first register for a NCEL Account through www.nclottery.com (the NCEL Website) or the Mobile App.
      2. If you already have a NCEL Account, you must not register again, as such Account will be utilized for Lucke-Rewards®. You may be disqualified from winning any Lucke-Rewards® prize if you attempt to utilize more than one active NCEL Account.
      3. Lucke-Rewards® Members may not utilize more than one (1) single active NCEL Account. Utilizing more than one (1) active NCEL Account may subject you to disqualification in any the promotions associated with Lucke-Rewards®. The NCEL reserves the right, without warning, to terminate membership(s) of any individual who establishes more than one single active NCEL Account utilized in Lucke-Rewards®.
      4. The NCEL and its Lucke-Rewards® program provider(s) assume no responsibility for incorrect information provided by you on the registration form. After completing the registration, you are responsible for updating Account information as needed by signing in and going to your personal details page.
    10. LUCKE-REWARDS® POINTS
      1. You earn Lucke-Rewards® points for eligible tickets or plays entered through the NCEL Website, Mobile App, or awarded automatically with an Online Play Purchase, or through non-spend activities as available.
      2. Points are non-monetary numerical values assigned to eligible tickets that are added to your NCEL Account in exchange for submitting the ticket information on the Website or Mobile App. Points can also be awarded automatically for Online Play Purchase or through non-spend activities.
      3. A non-winning ticket/play has no cash value. The Lucke-Rewards® program is a reward or affinity program which provides points for each eligible entry.
      4. Point value will be revealed to you on the NCEL Website or Mobile App upon successful submission of each valid ticket or by reviewing automatic points from Online Play Purchases and non-spend activities in your Points History.
      5. Points are not transferable. Point balances from more than one (1) NCEL Account will not be combined.
      6. Points shall be valid only for NCEL-approved activities associated with the Lucke-Rewards® program.
    11. POINT EXPIRATION
      1. The NCEL reserves the right to establish, change, or modify a points expiration rule at its own discretion at any time.
      2. The NCEL will attempt to notify you by email in advance of the expiration of your points. The NCEL will not be responsible for a failure to provide notice of the expiration of points.
      3. Points expiration is based on your inactivity in the Lucke-Rewards® program and will expire upon thirteen (13) months of inactivity. Upon twelve (12) months of inactivity, the NCEL will send an email informing you that your points are due to expire. If you do not sign in to your NCEL Account within the given timeframe, all remaining points in your NCEL Account will expire at once.
      4. The NCEL reserves the right to restore expired points for convenient or necessary business purposes at its discretion.
    12. ENTERING TICKETS
      1. Eligible tickets must be entered on the NCEL Website or Mobile App to receive points.
      2. Once signed in, you enter the required ticket information according to the instructions on the Ticket Entry or Ticket Scanning pages of the NCEL Website or Mobile App. Required entry information from the ticket includes:
        1. Winning and Non-Winning Scratch-Off Tickets:
          1. The Ticket Number, which is located on the back of each ticket below the barcode. The Ticket Number contains twelve (12) digits separated by dashes in the form XXX-XXXXXX-XXX.
          2. The Entry Number, located on the front of the ticket underneath the scratch-off covering. The Entry Number contains twelve (12) digits separated by a dash in the form XXXXXXXXX-XXXX.
        2. Retail NCEL terminal generated Game Tickets:
          1. The Lucke-Rewards® Entry Code is located on the front of a printed ticket. Tickets without a printed Lucke-Rewards® Entry Code are ineligible. The Lucke-Rewards® Entry Code is made up of twenty-five (25) letters and numbers separated by dashes in the form XXXXX-XXXXX-XXXXX-XXXXX-XXXXX.
          2. Once a ticket has been submitted, the entry and the associated Lucke-Rewards® points cannot be canceled. Some tickets may render pending points that are confirmed or removed based on the status of the ticket following the draw.
          3. Notwithstanding anything to the contrary contained herein, You may only enter up to seventy-five (75) tickets, purchased from a retail location, per day.
          4. Under no condition will the NCEL accept mail-in or hand-delivered tickets. Tickets received via any method other than through the NCEL Website or Mobile App will be disqualified.
        3. Online Play Purchases
          1. Points will be awarded automatically with any Online Play Purchase.
    13. LUCKE-REWARDS® AND SECOND-CHANCE DRAWINGS
      1. You may use some or all of your points for entry into prize drawings.
      2. Drawings may be introduced periodically. The NCEL Website or Mobile App will include a description of the prize to be drawn, anticipated entry and draw dates, and the number of points required for each drawing entry. Draw dates are subject to change or modification as determined necessary by the NCEL.
      3. The odds of an entrant being selected to win the prize in each drawing depend upon the number of entries submitted by points from all entrants.
      4. The number of points for a drawing entry will be shown on the page for each drawing and may vary by drawing.
      5. To use points to gain drawing entries, you must select the drawing to enter on the NCEL Website or Mobile App, designate the quantity of entries, and submit the request.
      6. It is your responsibility to ensure that the appropriate drawing and quantity are selected.
      7. Once the entry request has been submitted, points will be deducted from your Lucke-Rewards® point balance.
      8. Drawing entries are eligible only for the drawing for which they were used. Unless specified otherwise on the drawing description, entries are eligible for one (1) drawing only.
      9. Unless otherwise specified on the NCEL Website or Mobile App, you may not win more than one (1) prize in a Lucke-Rewards® drawing.
      10. Drawing entries cannot be canceled or returned for the point value of the entries.
      11. The NCEL shall attempt to contact each selected entrant by email using the selected entrant’s registered email address, by telephone and/or by registered mail.
      12. The selected entrant’s name, city and state of residence will be listed on the NCEL Website and Mobile App.
      13. A selected entrant assumes the risk of forfeiture and/or is subject to disqualification if:
        1. The selected entrant utilizes more than one active NCEL Account.
        2. The NCEL is unable to contact the selected entrant;
        3. Contact or attempted contact is not acknowledged in a timely manner as determined in the sole discretion of the NCEL;
        4. Any other deadline or requirement in these rules or other applicable rules or procedures is not met; or
        5. A deadline or requirement that may become necessary is not met, whether or not that requirement or deadline is contained in these rules.
      14. Winners are subject to mandatory State and/or Federal Taxes and other State withholdings.
      15. A decision to proceed to replace a selected entrant with an alternate is within the sole discretion and judgment of the NCEL. Once the decision to proceed with an alternate is made, the person who was previously selected as a winner is no longer entitled to a prize.
      16. The NCEL reserves the right, in its sole discretion, to substitute any prize with an alternate prize of equal or greater value.
    14. MISCELLANEOUS
      1. The NCEL may credit your NCEL Account in its sole discretion.
      2. You are solely responsible for maintaining and keeping your NCEL Account information current or accurate. The NCEL assumes no responsibility or liability whatsoever for technical or computer malfunctions or for your failure to keep your NCEL Account information current.
      3. The NCEL reserves the right to change the Lucke-Rewards® program in any way and at any time or to terminate the program with appropriate public notification. Unused points remaining in your NCEL Account after the announced closure or deadline date shall be considered expired, lapsed and void, and ineligible for any further use.
      4. By participating in Lucke-Rewards®, you and your heirs, legal representatives, and assigns agree to indemnify, defend, release, and discharge the NCEL, the State of North Carolina, their Commissioners, employees, officers, directors, licensed retailers, and vendors from and against any loss, claim, damage, suit, or injury arising out of or relating to the Lucke-Rewards® program or any action taken pursuant to these rules.


4. ONLINE PLAY TERMS OF SERVICE

A. GENERAL REQUIREMENTS

To deposit funds and/or purchase a lottery play online, you must: (i) be at least 18 years of age; (ii) have a NCEL Account; (iii) have sufficient funds in your NCEL Account to make the purchase; (iv) be physically located in the State of North Carolina at the time of deposit and purchase; (v) be a US resident; and (vi) be in compliance with federal, state, and local laws, these Terms, and all NCEL rules, regulations, policies and procedures. You agree not to use or attempt to use the Services in any way that:

    1. violates any federal, state, or local law, or court order;
    2. misrepresents your identity or personal information;
    3. circumvents any method we use to verify information about your age, identity, or physical location;
    4. purchases a lottery play while you are not physically located within the State of North Carolina;
    5. impersonates another person, business, entity, physical location, or IP address;
    6. allows any third party to use your NCEL Account;
    7. attempts to reverse, deny, charge-back, or otherwise block our receipt of any funds you have deposited into your NCEL Account;
    8. transfers any funds derived from an unlawful or fraudulent activity into your NCEL Account;
    9. could be considered money laundering;
    10. accesses, collects, or stores personal information of another person;
    11. accesses or circumvents any of our security measures;
    12. gains or attempts to gain unauthorized access to the Services or any of our computers, networks, servers, data, code, or other equipment or information of any kind;
    13. damages or overburdens the Services or any of our computers, network, servers, data, code, or other equipment or information of any kind;
    14. modifies or interferes with the use or operation of the Services;
    15. alters, damages, deletes, or otherwise affects any software or code used for the Services;
    16. introduces a computer virus or other disruptive, damaging, or harmful files or programs;
    17. violates our proprietary or intellectual property rights in any way; and/or
    18. violates these Terms or any other applicable terms and conditions, including, but not limited to, the Terms of Service and Use for the Services, violates any rule, regulation, policies and/or procedures of the NCEL and/or the North Carolina State Lottery Act.

If we suspect that you are engaging in any fraudulent, unlawful, or improper use of the Services, including, but not limited to, identity theft, fraud, and/or money laundering, we may immediately suspend your NCEL Account, including your ability to withdraw any funds, and report your activities to any third party, including law enforcement. We are not liable for any damages or losses resulting from our response to suspected unlawful activity.

Limited License and Use

You are granted a limited license to use the Services for its intended purpose only and in accordance with these Terms. We may revoke this limited license at any time. Your use of your NCEL Account or the Services does not create any agency, partnership, trust arrangement, fiduciary relationship, joint enterprise, or other relationship between you and us.

Intellectual Property

We own all intellectual property appearing on the Services, including, but not limited to, all copyrights, trademarks, service marks, and trade dress. We own the rights to all content appearing on the Services, which includes, but is not limited to, images, pictures, graphics, photographs, animations, videos, music, audio, text, games, game mechanics, play methods, code, software, format, presentation, and organization. Your use of the Services confers no ownership rights or license to use any intellectual property or other content beyond the limited license for use granted in these Terms. Unless you have our express written consent, you agree not to: copy, reproduce, modify, translate, create derivative works from, display, publish, distribute, transmit, or otherwise make the Services, its content, or any aspect thereof available to or through any third party;

    1. copy, reproduce, redistribute, publish, reverse engineer, decompile, disassemble, make derivative works from any software, process, application, or source code used in providing the Services, its content, or any aspect thereof;
    2. access or attempt to access source code for the Services, its content, or the Services;
    3. sell, assign, sublicense, lease, or otherwise exploit the Services, its content, or any aspect thereof;
    4. export any software used for the Services, its content, or any aspect thereof to any other jurisdiction or country by any means; and/or
    5. use the Services or its content in a manner that would violate any of these terms.
    6. You are liable for any damages, costs, or expenses arising out of or in connection with your commission of any of the above. If you become aware of any third party committing any of the above, you agree to immediately notify us and to cooperate in any resulting investigation.

Change in Services

We reserve the right to add, remove, modify, suspend, or terminate the Services or any aspect of the Services at any time and without notice. We are not liable for any damages or losses resulting from any such changes.

B. UPGRADING NCEL ACCOUNTS FOR ONLINE PLAY SERVICES

To upgrade your NCEL Account for Online Play Services, you must provide all information requested on the registration and/or upgrade screen. This specifically includes, but is not limited to, your full legal name, address, date of birth, and the last four (4) digits of your social security number. By submitting your request to upgrade your NCEL Account, you represent and warrant that:

    1. you are requesting an upgrade to a NCEL Account in your own name;
    2. you are using your own personal information;
    3. the information you provide is true, complete, and accurate to the best of your knowledge;
    4. you will keep your username and password confidential;
    5. you do not already have an open NCEL Account; and
    6. you are not prohibited from purchasing lottery tickets/plays, or otherwise using the Services.

We may require you to provide additional information, provide copies of documents, or appear in person at a designated claim center. We may require you to change or update NCEL Account information at any time, including, but not limited to, your username and password. We do not guarantee that your request for an upgrade will be approved or that your NCEL Account will have access to Online Play Services in any specific period of time. You are strictly prohibited from opening more than one NCEL Account. We reserve the right to take whatever lawful actions we deem appropriate if we suspect you have more than one open NCEL Account.

Age and Identification Verification

By submitting your request for an upgrade to your NCEL Account for Online Play Services, you consent to our use of any age-verification and identity-verification technology or method we deem appropriate. You may be required to show additional evidence of your age and identification, provide copies of documents, or appear in person at a designated claim center. We do not guarantee that our age-verification and identity-verification technology and methods will be able to locate records for every person. Your application for an Account will be denied if your age and identity cannot be verified. We are not liable for any damages or losses resulting from denial of your application.

Application Denials

You understand and agree that a NCEL Account for Online Play Services is a discretionary privilege and that we reserve the right to deny your request to upgrade your NCEL Account for Online Play Services for any reason. We are under no obligation to explain the reason for delay in processing or denial of your request. We are not liable for any damages or losses resulting from any delay in processing or denial of your request.

Transaction History

You understand and agree that we may record and store any transactions you conduct through the Services. A transaction history is also available for you to view through your NCEL Account. This history is provided as a convenience only. It is not an official record. Information appearing in the transaction history does not constitute and does not establish a transaction, winning game play, and/or prize. We do not guarantee the accuracy of information appearing in your NCEL Account transaction history. It is your responsibility to notify us of any errors in your transaction history. We are not liable for any damages or losses resulting from your reliance on or failure to report errors in your transaction history.

Balance Errors

In the event that any funds are mistakenly credited to or deducted from your NCEL Account, we are entitled to make the appropriate adjustments. You must notify us immediately if any funds are incorrectly credited to or deducted from your NCEL Account. If you withdraw any funds incorrectly credited to your NCEL Account, we may withhold that amount from any deposit or prize, or seek recovery. If you use any funds incorrectly credited to your NCEL Account to purchase a lottery game play, we may deem the purchase void and refuse to pay any prize or recover any prize already paid.

No Interest on Funds

You will not receive any interest of any kind on funds deposited or held in your NCEL Account, including any claimed or unclaimed prizes. It is your responsibility to only deposit what you intend to use and to claim and withdraw prizes in a timely manner.

Suspension and Termination

You understand and agree that a NCEL Account is a discretionary privilege that we may suspend or terminate at any time, for any reason, and without notice. In the event of termination, any funds in your NCEL Account will be returned unless subject to withholding under these Terms or any state or federal law. Any outstanding prizes must be claimed in person at lottery headquarters. It is your responsibility to provide accurate NCEL Account information so that we may contact you if necessary. We are not liable for any damages or losses resulting from our inability to contact or locate you.

Responsible Gaming Exclusions and Limits

You understand and agree that maximum deposit limits apply. The maximum deposit amount is $505/day, $2,000/week, and $4,000/month. You may customize your deposit limits to values lower than the maximum limits. A decrease in your deposit limit will be effective immediately. An increase in your deposit limit, up to the maximum limits, will be effective in 48 hours from the request.

You may temporarily or permanently exclude yourself from using your NCEL Account through our responsible gaming tools or by contacting the NCEL Online Play Support Center by calling 1-866-934-0289. During an exclusion, you will not be able to sign into your NCEL Account to participate in Lucke-Rewards®, second-chance drawings, promotional activities, and Online Play Services. You understand and agree that we may temporarily or permanently restrict access to your NCEL Account if we deem it necessary to promote responsible gaming. An exclusion cannot be reversed, and you cannot open more than one NCEL Account. Any breach of an exclusion will result in forfeit of all winnings. After an exclusion period ends, you will be able to sign into your NCEL Account with your previous credentials.

Inactive NCEL Accounts

If you do not sign in to your NCEL Account for twelve (12) consecutive months, we may close your NCEL Account as inactive and transfer any funds therein, minus any amount owed to us, to the North Carolina Department of Revenue in accordance with state escheat laws. It is your responsibility to close your NCEL Account in a timely manner. We are not liable for any damages or losses resulting from inactivity fees, closure of your NCEL Account, and/or transfer of funds to the Department of Revenue.

Deactivating Your NCEL Account

You may deactivate your NCEL Account at any time. We may require you to provide certain information to verify your identity before deactivating your NCEL Account. You are responsible for payment of any outstanding balance owed on your Account. We do not guarantee a specific time by which your NCEL Account will be deactivated. Deactivating your NCEL Account will not remove your NCEL Account or its records from the NCEL.

C. FUNDING YOUR NCEL ACCOUNT

Depositing Funds

You may deposit funds into your NCEL Account using any method that we have approved. By initiating a deposit, you represent and warrant that you:

    1. are physically located in the State of North Carolina at the time of deposit;
    2. have authority to use the payment source and method you select and if using a debit card the name on the card matches the name on the NCEL Account;
    3. have the authority to use the funds for the purpose of making a deposit into your NCEL Account;
    4. are not using a payment source that lists an individual unable to provide consent as a joint Account holder or an authorized user;
    5. are not depositing funds derived from any fraudulent or unlawful source;
    6. will not attempt to reverse, charge-back, block, cancel, or in any way attempt to prevent us from receiving the deposit;
    7. consent to our sharing your personal information with any third parties that we use to process your requested deposit; and
    8. consent to us performing any background check or investigation we deem necessary to ensure that your payment source and method are authorized.
    9. The NCEL does not charge for deposits by bank transfer (ACH) or debit cards although players should note that some debit card companies categorize gaming transactions as 'cash advances' and may levy a fixed and/or interest charge from the date of payment. Some banks may reject these transactions outright meaning you will not be able to fund your Account with a debit card from those banks. It is your responsibility to inform yourself regarding how your financial institution handles such transactions.

We are not required to examine your authority to use a payment source or method and are entitled to assume you have authority. We may require you to provide additional information, provide copies of documents, or appear in person at a designated claim center. We do not guarantee that a deposit will be processed and made available in any specific period of time. We do not guarantee that a deposit will be free from error. We reserve the right to deny any deposit at any time and without notice. We are not liable for any damages or losses resulting from any delay, denial, and/or error in processing a deposit.

Third-Party Transaction Fees and Penalties

You agree to abide by all applicable terms and conditions required by your financial institution or payment processor. You are solely responsible for any transaction fees or penalties of any kind imposed by any financial institution, payment processor, or other third party associated with processing your transaction. You are required to reimburse us for any losses we suffer as a result of any transaction fees or penalties of any kind associated with your transaction. You hereby authorize us to hold and collect any amount owed to us as a result of any such fees or penalties from your deposits or winnings up to the maximum allowable under state and federal law. We reserve the right to pursue any other means to recover such losses.

No Withdrawal or Transfer of Deposits

Unless required by law, funds you deposit into your NCEL Account cannot be withdrawn, returned, charged-back, re-credited, and/or transferred to another Account. It is your responsibility to refrain from depositing more than the amount you intend to use. You agree that you will not attempt to deny, reverse, charge-back, re-credit, block and/or otherwise attempt to invalidate, recover, or deny us receipt of a deposit. You hereby authorize us to hold and collect any amount owed to us as a result of any such fees or penalties from your deposits or winnings. We reserve the right to pursue any other means to recover such losses.

Minimum and Maximum Deposits

We reserve the right to set or change a minimum required and/or maximum allowed deposit amount at any time and without notice. We are not liable for any damages or losses resulting from setting or changing any minimum and/or maximum deposit amount.

D. PROMOTIONAL OFFERS

General Conditions

Various promotional offers may be made available from time to time. These offers are subject to and governed by additional rules, terms and conditions specific to the promotion. By accepting a promotional offer you agree to all such additional rules, terms and conditions. Some promotional offers may require you to enter a promotion code or make a minimum purchase/deposit. Unless expressly stated otherwise, promotional offers expire within twenty-four (24) hours after being issued, have no cash value, and cannot be exchanged for money and/or credit of any kind. Promotional offers are discretionary, and you have no right to receive or redeem any specific offer. Promotional offers may be canceled at any time and without notice. If there is a discrepancy between information in your Account and notifications you receive of an offer, the information in your NCEL Account shall prevail. We are not liable for any damages or losses resulting from any delay, error, or failure to make or accept any promotional offer.

Free Games

We may offer “Free Games” for meeting certain criteria such as depositing a minimum amount, playing a minimum number of games, or playing on certain dates or times. Unless expressly stated otherwise, Free Game offers expire within twenty-four (24) hours after being issued. Free Game offers are limited to one game, which cannot be changed by the Player. The denomination of each Free Game cannot be changed by the Player. Playing Free Games may result in winning a prize, but Free Games themselves have no cash value, cannot be exchanged, and cannot be replaced if expired. NCEL reserves the right to update such offers without notice.

Bonus Money

We may offer “Bonus Money” as a fixed amount or percentage of play based on meeting an NCEL specified requirement, such as making a specific deposit or by signing in. Refer to specific “Bonus Money” offers for requirements. Bonus money, given as a percentage match on top of a deposit (or by any other means of measurement), cannot exceed $200.00. Generally, Bonus Money has no cash value, cannot be exchanged, cannot be cashed out, and cannot be replaced if expired. Unless expressly stated otherwise, Bonus Money offers expire twenty-four (24) hours after being issued.

Lottery Offers

Players may receive a Discount Offer, Credit Offer, Free Lottery Game Offer or Free Game Bonus for making a Lottery Purchase.

The specific requirements to qualify for receiving Lottery Offers are communicated per campaign and may require Players to purchase a certain number of tickets, buy a specific number of draws, reach a total minimum purchase, and on tickets which include subscriptions or add ons such as Megaplier or Power Play. Lottery Offers can be on a single game or on whole shopping cart.

    1. Upon qualifying for a Discount Offer, the ticket is immediately discounted.
    2. Upon qualifying for a Credit Offer, the credit will go directly to a Player’s Balance but cannot be cashed out. This bonus cannot be cashed out as only winnings can be cashed out.
    3. Upon qualifying for a Free Lottery Game Offer, Players will be able to change their numbers but not any other conditions of the Free Game such as the number of draws or the number of plays.
    4. Upon qualifying for a Free Game Bonus, all Free Game Bonus Terms and Conditions Apply.

Promo Codes

Some Players might receive a Promo Code, which will entitle them to Discounts, Free Games or Bonus Money upon taking a specific action, such as creating a NCEL Account, making a deposit, or purchasing Lottery games. Promo Codes can expire at any time. Each Promo code has its own terms and conditions, to be managed at the NCEL’s discretion.

Multiple Offers

Pending offers available for you to claim will be listed in your NCEL Account, along with corresponding requirements. You can only claim one promotional offer at a time unless otherwise stated. All valid online Bonus Money and Free Games offers will be available to claim in the order they are received. If you are unable to do so from within your NCEL Account, you may contact the NCEL Account Support Center to change the order of the offers in your NCEL Account by calling 1-866-934-0289.

E. GEOLOCATION

Location Requirement

You must be physically located in the State of North Carolina to deposit funds into your Account or purchase a lottery game play through the Services. Any deposit of funds, purchase of a game play, or attempt to deposit funds or purchase a game play through the Services while physically located outside of the State of North Carolina is strictly prohibited and may violate state or federal law. You understand and agree that any game play purchased while physically located outside of the State of North Carolina is void and that you waive any right to claim a prize or any portion of a prize associated with such game play. If it is determined that you made a deposit or purchased a lottery game play through the Services while located outside of the State of North Carolina, we reserve the right to deem your deposit invalid, purchase invalid, refuse to award a prize, reclaim a prize that has been awarded, terminate your NCEL Account and refer the matter to law enforcement where applicable.

Geolocation Technology

We use a variety of geolocation technology and methods to verify your location. Any use of software or other methods intended to provide a false location is prohibited and may violate state or federal law. We do not guarantee that our geolocation technology will verify the location of every person physically located within the State of North Carolina. If we are unable to verify that you are physically located within the State of North Carolina, your access will be blocked and you are prohibited from making deposits or purchasing any lottery game play through the Services. We are not liable for any damages or losses resulting from your inability to access or make a purchase on the Services.

Standard Location Check

By registering for and using a NCEL Account or the Services, you consent to have your location verified by our standard geolocation check. Our standard location check is automatically activated anytime you attempt to sign into your NCEL Account and use the Services. Your location will not be checked after you leave the Services.

Location Privacy

Your privacy is extremely important to us. Information relating to your location and/or the location of your mobile device may be shared with our contractors, sub-contractors, affiliates, and other third parties for a variety of reasons including but not limited: (1) providing the product, service, or transaction you requested, (2) legal purposes, and (3) marketing purposes. Due to the NCEL's prize validation requirements, a record confirming your location may be retained for at least twelve (12) months.

F. PURCHASING GAME PLAYS

Purchases

Initiating any purchase through the Services constitutes your consent to deduct the cost of that purchase and/or authorization of any automatic renewals, without additional consent, from your NCEL Account. Purchases will first be deducted from Bonus Money, then deposited funds in your NCEL Account. If no Bonus Money or deposited funds exist, purchases will be deducted from prizes in your NCEL Account. We do not guarantee the timeliness of any purchase and reserve the right to refuse any attempted purchase for any reason. For Draw Based Games only, if the Online Play Purchase is accepted by the Online Play system, the player will receive a purchase receipt email from the system. You understand and agree that We are not liable for any damages or losses resulting from any delay in or denial of processing a purchase.

All Sales Are Final

You are solely responsible for ensuring that you have selected the correct lottery game and all options relating to that game, including, but not limited to, game play, number of game plays, price of the game play(s), numbers played on a play or plays, and/or applicable draw date(s). All sales are final and purchases made in error will not be refunded. We are not liable for any damages or losses resulting from any error you make in selecting your purchase.

We reserve the right to limit certain types of purchases to specific payment methods; for example, a debit card may be the only acceptable payment method for auto-renewal purchases. We are not liable for any damages or losses resulting from any purchase limitations or game termination.

Disconnections

The outcome for your Instant Game is predetermined and set at the time of sale. Your outcome will not be affected by a disconnection from the system. If a disconnection occurs after purchase, the outcome will appear in Your Account history.

Games Offered

We do not guarantee that any specific NCEL game will be offered through the Services. We may limit purchases of any game, game play, and/or wager on a particular set of numbers at any time and without notice. We may terminate a game at any time and without notice. We are not liable for any damages or losses resulting from any purchase limitations or game termination.

Additionally, We reserve the absolute right to take any action We deem appropriate or desirable to continue, replace, or discontinue any Digital Instant Game at any time in Our discretion. Under certain circumstances, We may notify You of a pending unfinished Game. A Game is considered complete when its outcome status indicates whether a prize has been won.

Information specific to each Game is provided on the Lottery Website and Mobile App. This information includes a general description of the Game, wager options, odds, prize structure, Game play instructions, and method of determining outcomes of play.

You have the option to either "Play Now" or "Demo.” By choosing "Play Now,” You elect to purchase the Game, and the purchase value will be deducted from Your Account. Once confirmed, Game purchases cannot be voided or cancelled. All sales are final. If You choose "Demo,” You acknowledge that You are playing a trial version of the Game; You are not purchasing a play, and You will not be awarded a cash or other prize even though the Game results may reveal a prize.

Under no circumstances will We or any of Our vendors have any liability or responsibility whatsoever with respect to shares or plays produced, programmed, communicated, rendered, displayed, or issued in error, including as a result of any programming or communication error, and/or not in compliance with these Terms. Without limiting the generality of the foregoing, no prize shall be paid arising from claimed shares or plays produced, programmed, communicated, rendered, displayed, or issued in error, or that are counterfeit, altered, fraudulent, incapable of validation or authentication or the result of any security breach, including circumvention of applicable security safeguards.

Auto-Renewal

Auto-Renewal is an optional service allowing a purchase to be made on an automatically recurring basis. By purchasing an auto-renewal, you consent to deduct the cost of that purchase from your NCEL Account using the designated payment method on a regular recurring basis unless you cancel within the required timeframe. The initial purchase may include the purchase period length plus an additional grace period of time. Auto-Renewals must be purchased using a debit card as the payment method. You will be able to manage each Auto-Renewal by signing in to your NCEL Account and accessing your auto-renewals from the “My Account” menu. You will be responsible for ensuring that you are successfully geolocated to the State of North Carolina as frequently as required by the NCEL and that your payment method is valid. We are not liable for any damages or losses resulting from any auto-renewal that may be placed on hold or canceled due to failure to geolocate, payment failure, or inaction in response to notices regarding your auto-renewal. Any applicable bonuses or Lucke-Rewards points will be awarded for the initial purchase at time of purchase, and for each recurring purchase at the time of payment.

Game Disputes

All game plays, transactions, and claims are subject to the North Carolina State Lottery Act, NCEL rules, regulations, policies, procedures, state and federal law, and any prospective changes thereto. Printouts, photographs, screenshots, and other images are not, and will not, be accepted as, evidence of a game play purchase or outcome. The only evidence of a game play purchase or outcome is the data contained in our system that passes all security tests, including, but not limited to, verification against third-party systems and transaction history. In questions involving game play validation, the NCEL’s determination is final. In cases of dispute for any reason, the NCEL may at its sole discretion, replace the disputed game play with another game play of equal value or refund the retail price. The NCEL’s decision to replace or refund a game play is the purchaser’s exclusive remedy.

G. CLAIMING PRIZES

Claims in General

Subject to these terms and all applicable state and federal law, prizes won through the Services may be claimed as follows:

    1. prizes of less than $600 are automatically deposited into your Account;
    2. prizes of $600 up to and including $99,999 must be claimed online; and
    3. prizes of $100,000 or more must be claimed in person at NCEL Headquarters, but you will be directed to start your claim online.

Before payment of any prize, we may require you to provide additional information, provide copies of documents, or appear in person at a designated claim center. We may change available methods for claiming a prize at any time and without notice. If we suspect any unlawful conduct or violation of these terms, we may withhold payment of a prize pending completion of an investigation. You agree to cooperate with us in any investigation. We do not guarantee payment of a prize within any specific period of time. We are not liable for any damages or losses resulting from any delay in payment of a prize.

Online Claim Form

You will be required to complete an online claim form to claim a prize of $600 and higher. By checking the boxes on this form, you represent and warrant that: (i) you are the registered user of the NCEL Account; (ii) your NCEL Account information is accurate; and (iii) you accept our claim policy. In addition, you have read, understand and certify the following:

    1. The Federal Privacy Act (Public Law 93-579), 5 U.S.C. §552a requires that this notice be provided when personal information is collected from individuals.
    2. The Player information requested on this form will be used to validate and process your claim in accordance with the North Carolina State Lottery Act and the regulations adopted thereunder (N.C.G.S. §§18C-120(b)(1) and 18C-132(l)). The NCEL requires a player’s social security or tax identification number for tax withholding and reporting purposes, pursuant to 42 USC405(c)(2)(C)(i), 26 USC 3402(q), 26 USC 6041, 26 C.F.R. 31.3042(q)-1(e) and the regulations enacted thereunder.
    3. Information is collected to validate and process a claim and for promotional, investigative and administrative purposes. By submitting this claim, you consent and agree to such use, and waive claims whether known now or in the future related thereto. The NCEL is subject to N.C.G.S. §18C-113(d). Once a prize has been validated, the following facts are public information and may be subject to disclosure: (i) name, (ii) city and state of residence, (iii) game played, (iv) amount won, and (v) date won. For purposes of this subsection, amount won means the nominal prize amount, the cash payment if different from the nominal prize amount, and the cash payment after taxes are withheld. The NCEL will not disclose any other personal or identifying information without your permission unless legally mandated to do so.
    4. You understand that NCEL, its retailers and advertising agencies, and the news media may use your name, likeness, and statements for reproduction as it relates to winner awareness for purposes of advertising, promotion, display, or exhibition. Further, you understand that you may be asked to participate in interviews with NCEL public relations personnel.
    5. Under penalty of perjury, you certify that the taxpayer identification number shown on this form correctly identifies the recipient of this payment, you are a U.S. citizen or legal U.S. resident and you are not subject to backup withholdings (if applicable). The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
    6. You understand that the NCEL, pursuant to the North Carolina State Lottery Act, will send your personal and prize information to the NC Department of Health and Human Services for its administrative use.

You understand and agree that checking the box constitutes your electronic signature in agreement with the above terms.

Foreign Account Tax Compliance Act (FATCA)

The FATCA requires US taxpayers to report certain foreign financial accounts and offshore assets. It also requires certain foreign financial institutions to report all US account holders that are specified US persons. To learn if you own foreign financial assets subject to the FATCA or if you qualify for an exemption from the FATCA, please refer to the IRS website at www.irs.gov. Withholding is the cost of not reporting.

Claiming in Person

If you are required to claim a prize in person at lottery headquarters, you will be required to provide us with a valid government issued picture identification and proof of your social security number. We may deposit a prize won through the Services into your Account even if the prize was claimed in person. To verify you are presenting acceptable identifications please call 1-866-934-0289.

Tax Obligations

A lottery prize is considered income and a taxable event when claimed or received. We report all prizes $600 and above to the IRS and the North Carolina Department of Revenue. A Form W-2G is generated for all prizes $600 and above and made available to you through your NCEL Account. We are required to withhold minimum standard state tax from all prizes $600-$5,000. We are required to withhold minimum standard state and federal tax from all prizes over $5,000. These withholdings are required minimum standard tax withholdings and may not fulfill your full tax liability associated with the prize. It is your responsibility to immediately inform us if you believe there is an error in reporting or withholding. You are solely responsible for properly reporting and paying your applicable local, state, and federal taxes. We are not liable for any damages or losses resulting from your failure to properly report or pay any local, state, or federal taxes.

State Debt Check

Before paying any prize of $600 or more, state law requires us to check for certain debts as recorded by the NC Department of Revenue. If any such debts exist, we are required to offset your prize by the amount of the debt. If you believe that prize money was withheld for a debt that has already been paid, it is your responsibility to contact the agency reporting the debt and seek reimbursement. We are not liable for any damages or losses resulting from any offset from a prize for payment of a debt.

Claim Errors

A lottery claim may not be premised on human or electronic error in the communication, display, or transmission of data regardless of how that data is recorded, displayed, or transmitted. A claim may not be premised on any intentional human, electronic, or other form of communication or transmission that was not authorized by the NCEL. We are not liable for any damages or losses resulting from any erroneous or unauthorized communication, display, or transmission of data.

Failure to Claim a Prize

Prizes shall be claimed no later than the end of the NCEL’s business day (local standard time), as posted by the NCEL, on the one hundred eightieth (180th) calendar day after the drawing date of the individual Online Play Game. If the 180th calendar day falls on a day in which the NCEL is not open for business, the ticket must be claimed by the end of the NCEL’s next business day.

H. WITHDRAWING PRIZES

Prize Withdrawals Only

You may withdraw prizes in your NCEL Account. You may not withdraw deposits that you have made into your NCEL Account unless required by law. It is your sole responsibility to not deposit more than you intend to use.

Withdraw Methods

Prizes may be withdrawn by bank transfer, bank draft, or other method we approve. You may initiate a withdrawal online through your NCEL Account or by calling 1-866-934-0289. By initiating a withdrawal, you consent to our: deducting the withdrawal amount from your NCEL Account; retaining any amount owed to us under these terms; and sharing your personal information with any third parties we use to process your request. We are not required to use any specific method, bank, or payment processor that you identify. We do not guarantee that withdrawals will be processed in any specific period of time. We are not liable for any damages or losses resulting from delay in processing a withdrawal.

Additional Documentation

Before processing a withdrawal, we may require you to provide additional information, provide copies of documents, or appear in person at a designated claim center. You may also be required to complete additional claim forms and/or certify documentation detailing your deposits, withdrawals, and other Account transactions.

Investigative Holds

You understand and agree that we may hold any withdrawal if we suspect that you may be engaging in or have engaged in fraudulent, collusive, unlawful, or improper activity pending completion of an investigation. You agree to cooperate with us in any investigation into such activity. You understand and agree that your refusal to cooperate with an investigation may lead to a hold being placed on your withdrawal. We are not liable for any damages or losses resulting from any delay or denial of a withdrawal resulting from an investigation.

I. OTHER

Privacy & Security

We take your privacy seriously and will diligently endeavor to keep your personal information confidential. We will only share personal information about you with others: in accordance with these terms and our Privacy Policy, to perform a transaction you have requested; if we have your consent, if we need to protect our rights or property; or if authorized or required to do so by law. Security measures have been integrated into the design, implementation, and day-to-day operations of the Services as part of our continuing commitment to the security of electronic content. We do not, however, guarantee that any communication or information will be secure or free from unauthorized access by third parties. Your use of the Services is at your own risk. We are not liable for any damages or losses resulting from a security breach except as required by law. A copy of our Privacy Policy is available on the Services and by clicking here.

Communications from Us

We may use your NCEL Account information to contact you by direct mail, email, text message, and/or telephone regarding use of your NCEL Account and transactions. You may also opt-in to receive promotional material and newsletters. You may unsubscribe to these services by following the instructions contained in the emails or text messages, or by updating your Preferences in your Account.

Disruptions

Access to the Services, or your Account may be unavailable, delayed, limited, or slowed by various disruptions. We do not guarantee that the Services, or your Account will be uninterrupted, free from delay, or continuously available. We are not liable for any damages or losses resulting from any disruption, delay, or unavailability of the Services, or your Account.

Disclaimer of Warranties

The Services and your Account are offered on an “as is” basis. We make no warranties of any kind, implied or express, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Use of the internet carries inherent risks and dangers. We do not guarantee that the Services or your Account are free from these inherent dangers, including, but not limited to, viruses, spyware, malware, or other invasive, malicious, or damaging software, code, or applications of any kind. Nor do we guarantee that use of the Services or your Account will not cause damage or loss of any kind. We are not liable for any damages or losses of any kind resulting from your use of the Services or your Account, or for any actions by third parties.

Unauthorized Use

We are not liable for any damages or losses resulting from a third party’s unlawful or unauthorized use of your NCEL Account. We are not liable for any damages or losses resulting from a third party’s unlawful or unauthorized use of any payment source or method, including, but not limited to, credit and debit cards, regardless of whether the payment method is under investigation or whether any card has been reported stolen. It is your responsibility to keep your username, password, and other Account information confidential. If your username and password have been entered correctly, we are entitled to assume that you are the person using your NCEL Account. You are responsible for any charges, costs, expenses, damages, liabilities, and losses of any kind that you, we, or any third party may incur as a result of your failure to keep your NCEL Account information confidential. It is your responsibility to immediately notify us if you suspect or discover that your NCEL Account and/or your bank/debit account used for depositing funds has been compromised. You agree to cooperate with any investigation into unauthorized access of your NCEL Account.

Limitation of Liability

We are not liable for any printing or computer error; any omission, interruption, irregularity, deletion, defect, or delay in the Services, or your NCEL Account; any theft, destruction, unauthorized access, or alteration of any network, equipment, computer, data, information, or property; any hardware or software malfunctions of any kind; any inaccurate transmission of content due to technical problems or traffic congestion on the internet, at any website, or any combination thereof. Under no circumstances are we liable for any direct, indirect, incidental, special, or consequential damages arising out of your use of the Services, its content, or your NCEL Account, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and, therefore, such exclusions may not apply.

Indemnification

You agree to indemnify, hold harmless, and defend us and our Commissioners, officers, directors, employees, agents, partners, shareholders, and licensees, and the State of North Carolina, from and against all claims, actions, liabilities, losses, expenses, damages, and costs of any kind, including, attorney fees, resulting from or relating to your lawful or unlawful use of the Services, or your NCEL Account; breach of these terms; inability to access the Services, or your NCEL Account; failure to report or reliance on any error or omission on the Services or your NCEL Account; or propagation or contraction of any computer virus in connection with your use of the Services or your NCEL Account.

Non-Waiver

We are not obligated to take any action or pursue any remedy authorized by these terms. Refraining from taking any authorized action or pursuing any remedy does not constitute a waiver of any rights or remedies and does not preclude us from taking any such action or pursuing such remedy in the future.

Severability

If any provision of these terms is deemed unlawful or unenforceable for any reason, that provision will be severed from these terms and the remaining provisions remain in full force.

Governing Law

All transactions and claims covered by these terms are subject to the laws of the State of North Carolina, the North Carolina State Lottery Act, the rules, regulations, policies and procedures of the NCEL, and any subsequent changes. You understand and agree that any dispute arising out of your use of the Services or your Account is governed by the laws of North Carolina. You further understand and agree that federal and state courts within North Carolina have exclusive jurisdiction over any claims arising out of your use of the Services or your NCEL Account.

Comments & Questions

We are always seeking to improve and welcome your feedback. Please visit us at the North Carolina Lottery Support Center to submit comments or suggestions. If you have any questions about the Services or the above terms, please contact us using the North Carolina Lottery Support Center form, chat, or call 1-866-934-0289.

Copyright © 2006-2023. The North Carolina Education Lottery. All rights reserved.