Current through Register Vol. 63, No. 9, September 1, 2024
(1)
General: To play Lottery games digitally, an individual must establish a player
account by accurately completing the registration form provided on the mobile
app or site.
(2) Eligibility: To be
eligible to create a player account and play games digitally, an individual
must:
(a) Be at least 21 years of
age;
(b) Open one player account
only in the individual's own legal name, for their sole benefit, and not on
behalf of anyone else;
(c) Have a
high-speed Internet connection and consent to the use of geolocation
technologies to verify the individual's location when playing a Lottery game on
a mobile app or site;
(d) Provide
all information requested to verify the individual's age, identity, and
eligibility and consent to the verification of the individual's identifying
information, including the release of information provided by the individual to
third parties to verify such information;
(e) Consent to the terms of use presented to
the individual by the entity holding the player account, including, but not
limited to, terms relating to the flow of funds through the player account as
described in the terms of use and OAR 177-046-0027; and
(f) Agree to and comply with any terms of
use, terms and conditions, privacy policies, and in-game rules, as they are
updated from time to time, provided on the mobile app or site.
(3) Verification. The Lottery must
be able to verify an individual's identity. This includes sharing information
provided by the individual with third parties for the purpose of verifying the
information. The player may need to provide additional documentation to the
Lottery, Lottery contractor, or other third-party including, but not limited
to, government-issued photo identification and proof-of-address
documentation.
(4) Player Account
Maintenance Responsibility. A player must ensure that the player account
information is kept updated. The player is responsible for all activity,
charges, and damages that occur on their player account. The player must take
reasonable efforts to protect the privacy of the player account password and
prevent unauthorized access to the player account including, but not limited
to, logging out of the player account when not in use. The player must
immediately notify the Lottery or the entity holding the player account if the
player suspects unauthorized access to the player account.
(5) Prohibited Conduct. A player may not
engage in any conduct prohibited by this rule or other applicable rule, law,
terms of use, or the terms and conditions. Without limiting the forgoing, a
player may not:
(a) Use the player account for
any other purpose than its intended purpose, which is to facilitate playing
Lottery games digitally; this includes, but is not limited to, use of the
player account for any commercial purpose or in a way that impairs, interrupts,
or damages the mobile app or site; to promote any products or services; or to
distribute any communications, including any defamatory, offensive, or obscene
content;
(b) Use (or upload to the
mobile app or site) any form of malware or engage in any automatic game playing
or similar manipulation of game;
(c) Allow, facilitate, or encourage a person
who is under 21 years of age to play Lottery games that require a player
account or otherwise allow any other person to use the player
account;
(d) Engage in or attempt
any illegal, fraudulent, or dishonest activity in connection with a player
account, including, without limitation, using a stolen payment card, forgery,
collusion, cheating, bribery, bookmaking, money laundering, and providing false
information to the Lottery;
(e)
Take unfair advantage of or exploit any technical fault or loophole on the
mobile app or site or an error by the Lottery or its contractor or in the
Lottery's or its contractor's software.
(6) Player Account Monitoring and Reporting:
The player account may be monitored to ensure the player is not engaging in any
prohibited conduct. Information on such activities may be reported to law
enforcement or the appropriate regulatory authorities and other third
parties.
(7) Player Account Denial,
Closure, or Suspension by the Lottery:
(a)
Player accounts are offered at the discretion of the Lottery to facilitate
digital game play. The Lottery, or the Lottery's vendor acting on behalf of
Lottery, may refuse to open, suspend, deny access to, or close a player account
at any time and without prior notice in order to protect the fairness,
integrity, security, and honesty of the Lottery, including, but not limited to,
for any of the following reasons:
(A)
Inability to verify the accuracy of the information provided by a player at
registration;
(B) A player breaches
or violates any administrative rule or applicable law or the terms of use or
terms and conditions the player has agreed to on the mobile app or
site;
(C) A request by law
enforcement or other government agency;
(D) Unexpected technical or security issues
or problems, including any suspected compromise or breach of the player account
security;
(E) A player engages in
any of the prohibited conduct described in this rule or applicable game rule or
in the terms of use or terms and conditions the player has agreed to;
(F) A player has more than one player
account;
(G) A player account is
dormant;
(H) Monitoring of player
account activity indicates the player account is not being used for its
intended purpose;
(I) One or more
deposits is charged back;
(J)
Pending resolution of processes required by ORS
461.715 and
461.719 (holding of certain prizes for child support or overpayment recovery);
or
(K) At the discretion of the
Lottery or Lottery's vendor for any other reason, or by Lottery or Lottery's
vendor as described in the terms of use for the player account.
(b) If a player account is
suspended or closed, the player will be unable to play games. However, if a
player account is suspended or closed, generally the player will be able to
have their funds in their player account returned to them, unless the account
has been suspended or closed based on suspicion of illegal activity or
prohibited conduct. Any purchases by a player of tickets or shares that are
pending or unconfirmed bets, bonuses, and entries in promotions or competitions
will be void. If a player has confirmed purchases of tickets or shares at the
time of account suspension or closure, such confirmed tickets or shares will
stand unless otherwise voided or refunded by the Lottery. If the confirmed
tickets or shares are for future events or games (such as a bet on a future
sporting event or a ticket for a future drawing), any prizes will credit to the
player account during account suspension or closure.
(c) The Lottery, either directly or acting
through Lottery's vendor, will notify a player if a player account is refused,
suspended, closed, or considered dormant, or if a player is denied access to
games. This notice is a decision of the Director and is a final order in other
than a contested case under ORS
183.484.
(8) Account Closure by Player:
(a) Except as provided in subsection (b) of
this section, a player may close their player account at any time for any
reason as provided in the terms of use.
(b) Closure of a player account may be
delayed in certain circumstances including, but not limited to, when the player
account has a negative balance, has confirmed purchases of tickets or shares on
future events (such as a bet on a future sporting event or a ticket for a
future drawing), or the player account has been suspended.
(c) At the time a player closes the player
account, any purchases by a player of tickets or shares that are pending or
unconfirmed bets, bonuses, and entries in promotions or competitions will be
void. If a player has confirmed purchases of tickets or shares at the time a
player closes the player account, such confirmed tickets or shares will stand.
If, at the time the player account is closed, the confirmed tickets or shares
are for future events or games (such as a bet on a future sporting event or a
ticket for a future drawing), any prizes will credit to the player
account.
(d) If a player closes the
player account, the player will be prompted to withdraw any remaining funds. If
the player has confirmed purchases of tickets or shares or confirmed bets on
future events, the funding account will remain open pending settlement of those
purchases to allow the Lottery to pay the player in the event the player wins a
prize at a future date.
(9) Limitation of Liability: In addition to
other limitations on the Lottery's liability in OAR chapter 177 or applicable
terms of use or terms and conditions:
(a) The
Lottery is not liable for any loss or damage arising from any use of or access
to the player account, including, without limitation, any authorized or
unauthorized use of the player account. All purchases and activity on a player
account are the sole responsibility of the player account registrant.
(b) The Lottery will, and will require its
vendors, to take reasonable precautions to protect the privacy of the player's
username, password, account information, and all financial information. The
Lottery may not and do not guarantee or warrant that information transmitted
through the Internet is secure or that such transmissions are free from delay,
interruption, interception, or error.
(c) The Lottery will, and will require its
vendors, to take reasonable care to provide players with digital access to
their player account and Lottery games. However, the Lottery nor its vendors
may not and do not guarantee or warrant the accuracy, availability,
completeness, or timeliness of any content available through the mobile app or
site. The Lottery nor its vendors are not liable for any damages or losses
resulting from unavailable, inaccurate, inadequate, incomplete, or untimely
content. The Lottery nor its vendors do not promise the mobile app or site will
have uninterrupted availability or be free of malfunctions, bugs, or other
errors. The Lottery nor its vendors are not liable for any disruption in access
to the mobile app or site.
Statutory/Other Authority: Or Const, Art XV, § 4(4)(a),
Or Const, Art XV, § 4(4), 461.120, 461.130, 461.150, 461.200, 461.210,
461.230, 461.250, 461.260, 461.400, 461.715 & 461.719
Statutes/Other Implemented: Or Const, 461.010, 461.020,
461.190, 461.440, 461.600, 461.820, 461.120, 461.130, 461.150, 461.200,
461.210, 461.230, 461.250, 461.260, 461.400, 461.715 &
461.719
