Terms of Service

1.    Terms and Conditions

The Minnesota State Lottery’s Lucky MN (the “Service”) is composed of the website www.luckymn.com  and all affiliated websites (collectively, the “Site”), and offers various player information, activities and services related to the Minnesota State Lottery (the “Lottery”). MDI, Inc. (“MDI”) manages the operation of the Site in coordination with and on behalf of the Lottery.

The Service and Site are subject at all times to the terms and conditions as specified in the Terms of Service (the “Terms”), the Lottery’s Privacy Policy, Lottery Rules and policies, Statutes and MDI policies and procedures. Your use of the Service, the Site and any associated materials is conditioned on your acceptance without modification of these terms and conditions.

Using the Site signifies your knowledge of an agreement to be bound by the Terms. The Lottery may update or revise the Terms at any time without notice. Any modifications posted on the Site will be effective immediately. You are responsible for reviewing the Terms periodically for any such modifications. Your continued use of the Site means that you accept all such updates or revisions. If you don’t agree to the Terms, your sole remedy is to cease to access the Site and to cancel any account or services for which you have enrolled or registered.

If you violate the Terms, the Lottery may issue you a warning about the violation, or may choose to immediately terminate any account that you may have established. You acknowledge that the Lottery or MDI is not required to provide you notice before terminating your account, but it may choose to do so.

The Terms of any posted rules or instructions regarding a particular game, activity, contest, promotion or service constitutes the entire agreement between you and the Lottery regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms and any other rules or instructions posted on the Site, the Lottery shall resolve the conflict at its sole discretion. If you have any questions about the Terms, please contact the Lottery by sending an email, using the Contact Us email form at the Site.

2.    Lucky MN Registration

When you complete the Lucky MN registration process, you create a Lucky MN account (“Account”) and become a Lucky MN Member (“Member”). As a Member you are allowed to participate in certain services and activities on the Site. To become a Member you must select a legitimate, working email address that is registered in your name and a password (collectively “login Identity”). You may not use a Login Identity that is used by another Member, and your login Identity or Online Identity cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You many not provide false information during the registration process. You must provide truthful, complete and accurate information in creating your Account in Lucky MN.

You may have no more than one (1) single active Account or Membership. The Lottery reserves the right, without warning, to terminate an Account of any Member who purposely establishes more than one (1) single active Account.

You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. The Lottery or MDI will not ask you to reveal your password or ever initiate any contact with you asking for your password. If you forget your password, follow the procedures outlined at the Site. You agree to indemnify and hold the Lottery and MDI harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates the Terms of Service. If your Account or Membership is terminated, you may not become a Member of Lucky MN without the Lottery’s express permission and the Lottery will not be under any obligation whatsoever to consider any request for reinstatement.

3.    Termination of Account/Membership

The Lottery and you have the right to terminate or cancel your Account or Membership at any time. You understand and agree that the cancellation of your Account or Membership is your sole right and remedy with respect to any dispute with the Site and the Lottery or MDI. This includes, but is not limited to, any dispute related to, or arising out of: (1) any portion of the Terms or the Lottery’s enforcement or application of the Terms; (2) the Content available through the Site or any change in Content provided through the Site; and (3) your ability to access and or use the Site.

You may cancel your Account or Membership by sending an email using the Contact Us email form at the Site. In the event that your Account or Membership is terminated or canceled, you have no further access to your Account or anything within Lucky MN associated with it. Any points that have been accumulated in the account will be voided. Any live entry for any second chance game or promotion or contest will be deleted. At its discretion, the Lottery may delete any other contest at Lucky MN that is associated with this Account. Active Members may not allow former Members whose Accounts have been terminated by the Lottery to use their Account.

4.    Online Content

“Content” includes the software, communication, images, test, sounds, and all the material and information you may see on the Site. The Lottery and MDI provides most of the Content on the Site. It is possible through certain activities and services of Lucky MN for Content to be provided to Members. Content created by Members also includes any email written by and distributed by a Member to the Lottery or MDI via any feedback email function within the Site. 

Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site.  Member content on the Site is monitored by the Lottery and MDI. The Lottery and MDI reserve the right to prevent the publication of Content that is objectionable to the Lottery for any reason. This determination is at the Lottery’s and MDI’s sole discretion, and is final. The Lottery and MDI do not assume any liability for any failure to remove, or delay in removing Content.

If the Lottery or MDI prevents the publication of Content that you created, the Lottery or MDI may send you a warning. If it is a serious offense or you have previously violated the Terms, the Lottery may terminate your Account or Membership. Sending a Feedback email to the Lottery that includes inappropriate Content may result in termination of your Membership and Account.

5.    Online Conduct

Online Conduct (“Conduct”) should be guided by common sense and basic etiquette and is subject to the rules, policies and statues of the Lottery and the State of Minnesota. The Lottery and MDI has zero tolerance for illegal or inappropriate Conduct on the Site.  You must also obey the rules for use of third party tools and rules of interactive service providers, state, local and federal laws, or foreign or international law where applicable. Ignorance of the law is no excuse.  The Lottery will terminate your Account and Membership and cooperate with appropriate law enforcement agencies in investigating any illegal behavior.

You agree that you will be personally responsible for your conduct on the Site and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless the Lottery and MDI, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Site, including any Content that you contribute.

You agree that you will submit entries only from eligible Lottery tickets. Attempting to manually or automatically submit fraudulent entries into any drawing or contest or is cause for termination of your Account and Membership and may be subject to additional legal action as identified in policies, procedures, rules and regulations of the Lottery and the laws of the State of Minnesota. 

You will violate the Terms of Service if you (or others using your Account) do any of the following:

•    Post, transmit, promote, or distribute Content that is illegal.
•    Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity right of a reasonable person’s view, objectionable or inappropriate.  Hate speech is not tolerated.
•    Impersonate another person (including celebrities), falsely indicate that you are a Lottery or MDI employee or a representative Site, or attempt to mislead another person by indicating that you represent the Lottery or MDI or any of their affiliates.
•    Establish or participate in the establishment of additional Member Accounts beyond the permissible limit of one (1) Member Account per person for any purpose whatsoever.
•    Attempt to get a password, or other account information, or other private information from a Member or any other user on the Site.
•    Upload any software or Content that you do not own or have permission to freely distribute.
•    Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
•    Upload files that contain a virus or corrupted data.
•    Improperly use or make false reports via the Site Feedback.
•    Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
•    Modify any part of the Site that the Lottery or MDI does not specifically authorize you to modify.
•    Violate any applicable laws, regulations and rules wherever you are on the Site.  This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well.  The Lottery has zero tolerance for illegal behavior. The Lottery and MDI will cooperate with law enforcement in such matters.
•    Interfere with, hack into or decipher any transmissions to or from the servers running the Site.
•    Exploit any bug in the Service to gain unfair advantage in any Site activity, or communicate the existence of any such bug to any other use of the Service.
•    Take any action which interferes with the ability of other users to enjoy the Site or that materially increases the expense or difficulty of the Lottery or MDI in maintaining the Service for the enjoyment and use of all its users.

If you encounter another user of the service who is violating any Terms of Service described above, please report them using the Contact Us form.

Public Nature of Communications
The Lottery and MDI are not responsible for information that you choose to communicate to other users on the Site, or for the actions of other users. Once you post or send any Content to the Site, you expressly grant the Lottery and MDI 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 online identity, and without any notice or compensation to you of any kind. Additionally, except where prohibited by Minnesota Statutes or Lottery rules, regulation, policies or procedures, you expressly grant the Lottery permission to include your name and hometown in association with your winning of a prize or being selected or designated a winner in any contest, promotion, drawing or other competition as may be available on the Site from time to time and that you have voluntarily participated in as a Member.

Commercial Activity and Unsolicited Email
You may not advertise any goods or services on the Site. Chain letters and pyramid schemes are not allowed. You may not use any aspect of the Site to collect information, including login identity, about Members, and use such information to send unsolicited email or for any other commercial purpose. You may not exploit the Site or any services offered on the Site for any commercial purpose. Any violation of these provisions can subject your Account and Membership to immediate termination and further legal action.

Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on the Site is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. The Lottery may terminate and permanently disqualify any Members who, in their sole discretion, are determined to be in violation of these Terms. All decisions by the Lottery are final.

Proprietary Rights; Copyrights and Trademarks
Much of the Content available on the Site is owned by the Lottery or MDI or by its licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Lucky MN unless the Lottery has expressly authorized you to do so.

You must have the legal right to upload any Content to the Site before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Site, unless the Lottery expressly authorizes you to do so in writing. Making unauthorized copies of any Content you found on the Site can lead to the termination of your Membership and Account and may subject you to further legal action.  Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless the Lottery and MDI and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Site Software
Some activities on the Site may require that you download software from the Lottery, MDI or its licensors onto your computer. The Lottery and MDI grant you a non-exclusive, limited license to use Site Software as required to use the Service. You may not sub-license or charge others to use or access Site Software. You may not use Site Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Site Software. You may not modify Site Software or use it in any way not expressly authorized in writing by the Lottery. You understand that the Lottery’s introduction of various technologies may not be consistent across all Internet browser platforms and that the performance and some features offered by the Lottery and MDI may vary depending on your computer and other equipment.

NEITHER THE LOTTERY NOR MDI, OR ITS LICENSORS, HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SITE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

Site Software may be subject to United State export controls. By downloading Site Software, you warrant that you are not located in any country, or exporting Site Software to any person or place, to which the United States has embargoed goods.

Export Control Laws
You agree to abide by US and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Site Software subject to restrictions under such laws to a national destination prohibited by such laws without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including but not limited to, certain types of encryption software. The assurance and commitments in this Section shall survive termination of this Agreement.

User’s Computer Information
When you connect to the Site, the Lottery may retrieve information for the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation of Site Software. MDI will record the IP address of a Member who logs in to participate in the Service. MDI will not collect any personal information about you without your knowledge and consent.

Links to Third-Party Sites
The Site may include hyperlinks to websites operated by parties other than the Lottery and MDI, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. The Lottery and MDI do not control such websites and are not responsible for their content or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

6.    Limitations on Warranty and Liability

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, SITE AND THE INTERNET IS AT YOUR SOLE RISK.  THE SERVICE, SOFTWARE, LOTTERY AND MDI PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  THE LOTTERY AND MDI PROVIDE THE SERVICE AT NO CHARGE TO MEMBERS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE LOTTERY OR MDI WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA

YOU ACKNOWLDEGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDIY FOR ANY DISPUTE WITH THE LOTTERY, MDI, OR ITS LICENSORS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR MEMBERSHIP. 

YOU ACKNOWLDGE AND AGREE THAT THE LOTTERY, MDI, ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF SITE SOFTWARE.  IN NO CASE SHALL THE LOTTERY OR MDI OR SITE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP IN THE SITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LOTTERY, MDI AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  THE LOTTERY AND MDI DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7.    Indemnification

Upon request by the Lottery or MDI, you agree to defend, indemnify and hold harmless the Lottery and MDI and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expense, including attorney’s fees that arise from a breach of the Terms for which you are responsible or in connection with your transmission of any Content on the Site.

8.    Other Legal Terms

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Terms and the Privacy Policy, including the Lottery’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portion shall remain in full force and effect.

This agreement and your Membership shall be governed by the laws of the State of Minnesota and the Lottery’s rules. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Lottery or MDI or relating in any way to your Membership, your Account, or your use of the Site resides in the courts of the State of Minnesota and your further agree and expressly consent to the exercise of personal jurisdiction in the courts of Minnesota in connection with any such dispute, including any claim involving the Lottery, MDI or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

The Lottery reserves the right to change the Terms at any time by posting new Terms of Service at this location.