2nd Chance Lottery Sweepstakes
Terms of Service
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Thank you for your interest in the service offered by www.2ndchancelottery.com (the "Site"), (collectively "2CL," "we," "our", or "us"). Our subscription-based service(s) (the "Service") may provide users with services such as, bulk ticket uploads, no video ads, etc. as defined in the Site's Official Rules and/or described on the Site. The maximum number of eligible tickets that can be bulk-uploaded is defined on the subscription page. The terms "you," "your," and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Service.
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE (THE "TERMS") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US AND APPLY TO YOUR USE OF THE SERVICE. BY CLICKING ON THE "I AGREE" BUTTON OR USING THE SERVICE, YOU ARE CONSENTING TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, PLEASE DO NOT USE THE SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR AN ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE ALL THE REQUISITE POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ACCEPT THESE TERMS ON BEHALF OF THE COMPANY OR ENTITY AND BIND THE COMPANY OR ENTITY WITH THESE TERMS.
WE RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON OUR WEBSITE. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY, AND YOUR ACCEPTANCE OF, THE TERMS, AS MODIFIED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THE TERMS REGULARLY.
In order to use the Service, you must be at least eighteen (18) years old and be fully able and competent to accept, abide by and comply with these Terms. We do not knowingly provide access to the Service to anyone under the age of eighteen (18). It is your responsibility to ensure that you are legally eligible to enter into these Terms under any laws applicable to you in your jurisdiction of residence or otherwise.
Subject to your acceptance and compliance with the Terms, we grant to you the permission to access and use the Service for your own business or personal purposes, provided that you shall not (and not allow a third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Site; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained via the Site; (iii) use any robot, spider, scraper, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site; (iv) reformat or frame any portion of the web pages that are part of the Site or the Service; (v) create user accounts by automated means or under false or fraudulent pretenses; (vi) engage in or promote misleading, deceptive, fraudulent, or otherwise illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (vii) create or transmit unwanted electronic communications such as "spam" or chain letters through the Site or the Service; (viii) upload information with viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; (ix) use the Site or Service to violate the security of any computer network, or to crack passwords or security encryption codes; (x) use the Site to transfer or store materials that may be deemed illegal, threatening, obscene, abusive, violent, harassing, harmful to minors, hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age, or is otherwise objectionable, as reasonably determined by 2CL; (xi) copy or store any 2CL content offered on the Site for other than your own use (except as expressly licensed pursuant to these Terms); (xii) use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (xiii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) engage in multi-level marketing using the Site, including without limitation pyramid schemes and similar marketing programs; (xv) intentionally or unintentionally use the Service to violate any applicable local, state, national, or international law; and (xvi) collect or store personal data about other users in connection with the prohibited activities described in this section.
You are required to register to the Site and create a unique, password-protected account ("Account") in order to access and use the Service. You agree to: (i) provide true, accurate, current, and complete information as prompted by the Site's registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to terminate and delete your Account without warning if you are found to have misrepresented any registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (i) immediately notify us of any unauthorized use of your password or Account, or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. You represent that you are the person registering for the Service or that the person registering you for the Service is an authorized representative of yours with the authority to agree to the Terms on your behalf.
Reservation of Rights
You acknowledge that the Service and the underlying software and all intellectual property rights therein, including copyrights, patent rights, trade secret rights, and trademark rights, are owned by us. All rights not expressly granted herein are reserved by us. Except as expressly and specifically set forth in the Terms, nothing herein shall be construed as granting to you any property right, by license, implication, estoppel, or otherwise, to any of our intellectual property rights.
2CL and its associated logos are either registered trademarks or trademarks of ours. All other company names, logos and other identifying marks that may be listed as part of our Service may be trademarks of their respective owners. WE DO NOT CLAIM ANY OWNERSHIP IN ANY THIRD PARTY'S TRADEMARKS NOR DO WE CLAIM ANY SPONSORSHIP, ASSOCIATION WITH OR ENDORSEMENT BY SUCH THIRD PARTIES.
If you provide any feedback to us about the Service ("Feedback"), you acknowledge our need to be able to freely use such Feedback and to own any improvements to the Service (e.g., improvements, fixes, errors, bugs, etc.) made by using or incorporating such Feedback. Accordingly, you hereby assign to us any rights you may have, including all intellectual property rights, in the Feedback and we may exercise our ownership rights to such Feedback and intellectual property rights without compensation, attribution or accounting. Without additional consideration, you agree to perform all acts reasonably necessary to perfect our rights in such intellectual property.
We agree to use the same care to protect your confidential information that we use to protect our own confidential information. We will not disclose or use any of your confidential information for purposes not contemplated by the Terms. All content or materials that you provide relating to the Site is deemed to be non-confidential.
Payment of Fees, Appropriate Use of Site
By placing orders for related activities through the Service, you expressly agree to pay the fees posted on the order at the time you submit such order, plus any applicable tax. Please note that fees are subject to change without notice.
As part of the checkout process, you will be required to provide a payment method to be used to pay for any Services that you order through the Site. At that time, we may verify the validity of the payment method using industry standard procedures for such verification; however, we will not actually charge your payment method until you place an order. You represent and warrant that you have the right to incur charges on the payment method you provide to pay for these charges. You hereby authorize us to charge your payment method immediately upon your placing an order.
The Site is our property and all interactions on this Site must be lawful and must comply with the Terms. We have the sole discretion to determine what constitutes an appropriate use of the Site or the Service, and we reserve the right to terminate or restrict your Account and your use of the Service, as well as the Accounts and use of the Service by those invited by you to use the Service, at any time without cost and without notice if we determine the Service is being used inappropriately.
Your Information & Conduct
You are solely responsible for (i) creating, selecting, preparing, reviewing, proofreading, and providing all content and materials (including any trademarks, logos and other branding information) for your uploaded content ("Your Content"), and (ii) the accuracy, quality and legality of Your Content and for the means by which you acquired it. You represent and warrant that (i) Your Content does not and will not violate third-party rights of any kind, including, without limitation, any intellectual property rights or rights of publicity and privacy; (ii) Your Content is not defamatory, obscene, pornographic, criminal or may be reasonably calculated to induce criminal activity, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable, (iii) you will use the Service in compliance with all applicable federal, state and local laws, regulations and rules; and (iv) you are not a competitor of 2CL and are not using the Site or the Service for reasons that are in competition with 2CL or any product or service offered by 2CL. You agree not to engage in any of the following prohibited actions: (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; and (ii) interfering with the proper working of the Service.
You hereby grant to us a royalty-free, worldwide, perpetual, nonexclusive, and transferable license, with right to sublicense, to use, copy, modify, publish, distribute, and display any and all of Your Content in connection with providing the Service.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). We reserve the right to terminate without notice any user's access to the Service if that user is determined by us to be a "repeat infringer." In addition, 2CL accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Copyright owners or any agents thereof who believe that any content on the Site infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 B.SC. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Such written notice should be sent to our designated agent as follows: Email: firstname.lastname@example.org
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Anonymous Data Collection
We shall have the right to utilize data capture, syndication, analysis tools, and other similar tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from your use of the Service and that of the participants ("Anonymous Data"). To the extent that any Anonymous Data is collected by us, such data shall be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you therefor; provided that the Anonymous Data is used only in an aggregated form, without specifically identifying the source of the Anonymous Data.
THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND YOU AGREE TO USE IT AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. WE MAKE NO GUARANTEES REGARDING THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, OR USEFULNESS OF SERVICE OR RESULTS OBTAINED THEREFROM. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER, WHETHER STATUTORY, EXPRESS, IMPLIED OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You hereby acknowledge the above disclaimers, and unconditionally and irrevocably release and forever discharge us, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which you ever had, now have, or shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of the use of the Service. If you are a California resident, you acknowledge that you are aware of, and understand, the provisions of California Civil Code Section 1542 ("Section 1542"), which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You expressly, knowingly and intentionally waive any and all rights, benefits and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
2CL does not practice law and does not provide legal advice or consultation. 2CL is not your attorney and has not created an attorney-client relationship with you in providing the Service. 2CL is not liable for the legal accuracy or sufficiency of the Service, and any doubt as to Your Content should be discussed with your own legal counsel.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR ANY OTHER SUBJECT MATTER OF THE TERMS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES CHARGED TO YOU AND ACTUALLY PAID BY YOU TO US DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE EVENTS OR CIRCUMSTANCES WHICH FIRST GAVE RISE TO ANY SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold us harmless from and against any claims, actions, losses, damages or other liabilities, including, but not limited to, attorney fees, that arise out of or result from any claim relating to, or arising out of, or in connection with, (i) your use of the Service, and (ii) your breach of any representation, warranty, covenant, obligation, or agreement as set forth in the Terms.
Term and Termination
These Terms will become effective on the date that you accept the Terms and will remain effective through the end of the Service. We reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever. Upon expiration or termination, the following will apply: (i) any rights granted to you with respect to the Service will terminate as of the effective date of the termination; (ii) all indemnification obligations, representations, warrants, releases, acknowledgements and assignments made by you hereunder shall survive any such expiration or termination.
Basis of the Bargain
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING SECTIONS ON INDEMNIFICATION, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
No agency, partnership, or joint venture is created by these Terms. You and we are and shall remain at all times independent contractors and not agents or employees of each other. Neither party has the authority to act for, bind, or incur any debts or liabilities on behalf of, the other party in any respect whatsoever. We will be excused from performance under this agreement as set forth in the Terms, for any period and to the extent that it is prevented from performing pursuant hereto, in whole or in part, as a result of delays caused by you or third parties or an act of God, war, civil disturbance, court order, labor dispute or other cause beyond our reasonable control, including without limitation failures or fluctuations in electrical equipment. In addition, the Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures, or other damage resulting from such problems. You acknowledge that the Service may be affected by numerous factors outside of our control. You may not assign or delegate your rights under these Terms, directly or indirectly, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign your rights or delegate your duties in contravention of the preceding sentence shall be void from the beginning. Subject to the foregoing, the Terms shall bind and inure to the benefit of the successors and permitted assigns of the parties. The Terms will be governed by the laws of the State of California regardless of its principles regarding conflicts of laws. If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree to submit any claim or controversy at law or equity that arises out of these Terms or the Service to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of the Terms shall be valid unless in writing signed by each party. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Terms shall remain in full force and effect. You acknowledge that the Service has unusual and extraordinary value, and that the prospective breach of any provision of the Terms by you may cause us great and irreparable harm, for which remedies available at law may be inadequate. We shall be entitled to seek equitable relief to protect our intellectual property rights that are the subject matter of the Terms without prejudice as to other relief available at law.
Last Modified: June 2023