This website, www.playthesmartway.com (the “Site”), is owned and operated by Play The Smart Way, LLC (“Play The Smart Way,” “We”, or “Us”). By using this website, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. The Site may also provide rules of participation for certain activities and services including, but limited to contests, award programs, membership clubs, and email. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.
The words "use" or "using" in this Agreement, means any time an individual (a "user" or “you”), directly or indirectly, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. DISCAIMERS
This Site is provided for entertainment purposes only. The content of the Site and any downloadable material available on the Site, whether paid or free, is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services, or information available on or through the Site meet your specific requirements.
Play The Smart Way, LLC, this Site, and any materials available on the Site are not affiliated with the California Lottery® or its official Web site calottery.com. The Play The Smart Way™ California! Lottery Guide is not an official guide to the California Lottery® or any California lottery-style games. The California Lottery®, Mega Millions®, SUPERLotto Plus®, Scratchers®, Daily Derby®, and certain other California Lottery games or products are registered trademarks belonging to their respective owners.
Play The Smart Way, LLC, playthesmartway.com and this guide are not affiliated with the Washington Lottery or its official Web site walottery.com. The Play The Smart Way™ Washington! Lottery Guide is not an official guide to the Washington Lottery or any Washington lottery-style games. Mega Millions® and certain other Washington Lottery games or products are registered trademarks belonging to their respective owners.
Play The Smart Way, LLC, and this guide are not affiliated with the Texas Lottery or its official Web site walottery.com. The Play The Smart Way™ Texas! Lottery Guide is not an official guide to the Texas Lottery or any Texas lottery-style games. Mega Millions®, Lotto Texas®, Texas Two Step®, Cash 5®, Pick 3™, Sum It Up™, Daily 4™ and certain other Texas Lottery games or products are registered trademarks or trademark names belonging to their respective owners.
Play The Smart Way, LLC, playthesmartway.com and this guide are not affiliated with the Florida Lottery™ or its official Web site flalottery.com. The Play The Smart Way™ Florida! Lottery Guide is not an official guide to the Florida Lottery™ or any Florida lottery-style games. Florida Lottery™, Florida LOTTO™, Cash 3™, Play 4™, Mega Money™ are trademark names belonging to the Florida Lottery State Agency. Powerball® is a registered trademark belonging to the Multi-State Lottery Association. Fantasy 5® is a registered trademark belonging to the Florida Lottery State Agency. Certain other Florida Lottery games or products are trademark names or registered trademarks belonging to their respective owners.
Play The Smart Way, LLC, and this guide are not affiliated with the North Carolina Education Lottery or its official Web site www.nc-educationlottery.org. The Play The Smart Way™ North Carolina! Lottery Guide is not an official guide to the North Carolina Education Lottery or any North Carolina lottery-style games. Powerball® and certain other North Carolina Education Lottery games or products are registered trademarks or trademark names belonging to their respective owners.
Play The Smart Way, LLC, and this guide are not affiliated with the Pennsylvania Lottery or its official Web site www.palottery.state.pa.us. The Play The Smart Way™ Pennsylvania! Lottery Guide is not an official guide to the Pennsylvania Lottery or any Pennsylvania lottery-style games. Powerball® and certain other Pennsylvania Lottery games or products are registered trademarks or trademark names belonging to their respective owners.
Play The Smart Way, LLC, playthesmartway.com and this guide are not affiliated with the New York Lottery or its official Web site nylottery.org. The Play The Smart Way™ New York! Lottery Guide is not an official guide to the New York Lottery or any New York lottery-style games. Mega Millions® and certain other New York Lottery games or products are registered trademarks belonging to their respective owners.
Play The Smart Way, LLC, and this guide are not affiliated with the Missouri Lottery or its official Web site molottery.com. The Play The Smart Way™ Missouri! Lottery Guide is not an official guide to the Missouri Lottery or any Missouri lottery-style games. Powerball® is a registered trademark belonging to the Multi-State Lottery Association. Certain other Missouri Lottery games or products are trademark names or registered trademarks belonging to their respective owners.
Play The Smart Way, LLC, and this guide are not affiliated with the Virginia Lottery or its official Web site valottery.com. The Play The Smart Way™ Virginia! Lottery Guide is not an official guide to the Virginia Lottery or any Virginia lottery-style games. Mega Millions® is a multi-state game and is a registered trademark of the Illinois Department of Revenue. Certain other Virginia Lottery games or products are registered trademarks or trademark names belonging to their respective owners.
By using the Site, you acknowledge that games of chance, including lottery games, are inherently risky. We do not endorse any specific lottery game and do not directly encourage you to play any lottery game. You understand that if you suspect that you or someone you know has a gambling problem, professional help should be sought.
By using the Site, you acknowledge that games of chance, including lottery games, are inherently risky. We do not endorse any specific lottery game and do not directly encourage you to play any lottery game. You understand that if you suspect that you or someone you know has a gambling problem, professional help should be sought.
You further recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or winnings, or that you will win any money, with respect to your purchase of various products and services, and that we have not authorized any such projection, promise, or representation by others.
2. REGISTRATION
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
3. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post any changes to this Agreement on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
4. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, downloadable products, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are, unless expressly disclaimed, the property of either Play The Smart Way, LLC, its Advertisers (as defined below), its suppliers, or its operational service providers and are legally protected, without limitation, under applicable U.S. Federal, State, and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
You must not alter, delete or conceal any copyright, trademark, or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of intellectual property, both our own and others, very seriously. We therefore employ measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owner of this website is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner will block access to the allegedly infringing material. The website owner will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner.
4.1 NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
Copyright Agent
Play The Smart Way, LLC
P.O. Box 4672, Seattle, WA 98194
Email: support@playthesmartway.com
To file a notice of infringement, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law." Please note that a recent court decision has indicated that your good faith belief should include a consideration of “Fair Use” as defined under U.S. copyright law. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
5. Include the signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For further details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
5. ADVERTISING
From time to time as a result of your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
6. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
(i) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;
(ii) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
(iii) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
(iv) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
7. SHOPPING
E-commerce on the Site is brought to you by an operational service provider and affiliate under this Agreement. All goods and services offered for sale on the Site ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, you may contact Customer Service and we will attempt to correct, repair, or replace the defective Product. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Physical products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed may be required to obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple physical items, they may be shipped separately depending on availability.
8. POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site and any of their Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Site to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user of the site, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
9. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, our service providers, suppliers, and/or Advertisers, may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
10. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of us, any of our Affiliates, or any of either our or our affiliate’s successors and assigns, officers, directors, managers, members, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
11. TERMINATION
You may deactivate your account on the Site, at any time and for any reason, by contacting us at support@playthesmartway.com. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, RMP, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
13. MISCELLANEOUS PROVISIONS
You agree that the laws of Washington State govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in King County, Washington, United States unless both parties expressly agree to other arrangements in writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website and any products available herein.
