1 INTRODUCTION
ThisOLG.ca Player Agreement– Terms and Conditions of UseforOLG.cacontains the terms and conditions that govern the use of OLG'sOLG.caonline gamingplatform.By checking the“accept“box,an Intending Player,Prospective Player,or a Player isconfirmingthattheyunderstand and agreeto be bound bythe terms and conditions of thisAgreement. Ifa Prospective Player, Intending Player,or a Player does notagree with any of the terms and conditions of thisAgreement,the individual(i)isnotpermittedtoregister an account withOLG.ca, and (ii)ifthe individualalready hasa Player Account (as defined in Section2below),they arenot permittedtolog intotheirPlayer Accountandplay anyGamesor purchase any products that are offeredonor throughOLG.ca.
OLG reserves the right to revisethisAgreement from time to timein such manneras OLG, in its sole discretion, determines to be appropriate. OLG will post a notice onOLG.ca advisingPlayers whenthisAgreement has been revised, andProspective Players (prior to registering an account withOLG.ca), Intending Players (prior tocompletion of theregistration for aPlayer Account)and Players (prior to logging into their Player Account)will be requiredto acknowledge and agree to be bound by the revised terms and conditionsfrom and after that date.Each Prospective Player, Intending Player,and Playerisresponsible for familiarizingthemselveswithall ofthe terms and conditions of thisAgreementand ensuring thattheyunderstandand agree to be bound bythem prior toregistering an account withOLG.caorlogging-in to theirPlayer Account.
In the case of a Prospective Player, Intending Player,or a Playerbreachingor otherwisefailingto comply with the terms and conditions of this Agreement,OLG will have the right to exerciseany or all ofthe remediesdescribed in this Agreementor otherwise available to it at law or in equity. Those remedies may include, for example,(i) the rightto terminatea Prospective Player's, Intending Player’s,or a Player'seligibility toregister or maintain a Player Account,(ii) tolock,Suspend,and/orDeactivateaPlayer Account, and(iii) to retain any or all Unutilized Funds(as defined inSection 2 below)associated with a Player Account.
THIS IS AN IMPORTANT DOCUMENT THAT GIVES UP SOME OF YOUR LEGAL RIGHTS, PLEASE READ WITH CARE. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY INCLUDING LIMITING OLG’S LIABILITY TO YOU FOR NEGLIGENCE.
2 DEFINITIONS
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
“AGCO”means theAlcoholand Gaming Commission of Ontario and the successors thereof;
“AGCO Standards” means theRegistrar’s Standards for Gamingand theRegistrar’s Standards for Gaming: Lottery Sector, asprepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
“AGCO iGaming Standards” means theRegistrar’s Standards for Internet Gaming;
“Agreement”means thisPlayer Agreement– Terms and Conditions of Use forOLG.ca, as amendedor replacedfrom time to timeby OLG;
“Bonus Funds”means a notionalamount corresponding to Canadian dollarsthat is loaded into a Player Account by OLG.Bonus Funds,subject to the applicable Bonus Funds Terms,can be used by a Player to playPay-to-Play Games or Draw-BasedLotteryGames PlayedOnline,or both, without charge to the Player;
“Bonus Funds Terms”has the meaning specified in Section 8.1. Subject to Section 3of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement;
“Business Day”means any day other than a Saturday, a Sunday, a statutory holiday in Ontario or any day on which banks are not open for business in Toronto, Ontario;
“Chargeback”has the meaning specified in Section 6.4;
“Closed Account”means a Player Account that is described inSection11.1;
“Close”or“Closure”means the act of a Player closing their Player Accountas described in Section11.1;
“Deactivate”or“Deactivation”means that a Player Account has been set to a Deactivated Account as described in Section12.2;
“Deactivated Account” has the meaning specified in Section12.2;
“Device Biometric Authentication” means an option used by Players to leverage their mobile device operating system biometric authentication capabilities to auto populate Login Credentials for the purpose of accessing their Player Account.
“Device Biometric Data" means data relating to unique biological characteristics of an individual used as part of Device Biometric Authentication
“Digital Payment Wallet” means an application on your desktop or mobile device, such as mobile phone, tablet or laptop, that stores your payment information for facilitating online or contactless payments. You can store payment information in a digital wallet including but not limited to credit, debit, prepaid or loyalty card numbers.
“Direct Pay”means the online payment for the purchase of Draw-Based Lottery Games Played Online (subject to system availability), executed through the Payment Method of the Player without the need to fund the Player Account, rather than through the use of Unutilized Funds and/or Bonus Funds.
“Direct Pay Subscription Terms”means the terms and conditions applicable to a subscription for tickets for a Draw-Based Lottery Game Played Online made through Direct Pay in accordance with Section 5.
“Dormant Account”means a Player Account that is described in Section 10.2 but does not include the Player Account of an individual registered for My PlayBreak;
“Downtime”has the meaning specified in Section 15.2;
“Draw-BasedLotteryGame Played Online”means any of the games made available throughOLG.cafrom time to timethat: (i) constitutes a“lottery scheme”for purposes of theCriminal Code(Canada), (ii) requires the Player toselect aset of numbersor other play elements(whether chosen by the Playerand/orrandomly generated), and (iii) has its outcome or result being determined by a draw, but does not include any Pay-to-Play Game or any Play-for-Free Game.
“Error”has the meaning specified in Section 15.1;
“Error Funds”has the meaning specified in Section15.1;
“Event”has the meaning specified in the applicable Pay-To-Play Game Rules;
“Excluded Individual”meansanindividual whoisnot permitted toregister an account withOLG.caor, iftheindividual already has a Player Account, to maintain that Player Accountin an activated state, including:
- anindividual who doesnot satisfy all of the eligibility criteria that are described in Section 4.1of this Agreement;
- anindividual who hasbeen excluded fromOLG.ca by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
- an individual who is prohibited from accessing a gaming site or playing lottery schemes under Standard 3.01 or Standard 3.01.1 of the AGCO iGaming Standards, or any other relevant provision of the AGCO iGaming Standards or AGCO Standards, from time to time;
- an individual who has registered for self-exclusion from a Casino (as defined in the AGCO Gaming Standards) under My PlayBreak, for the duration of their My PlayBreak term (see the Responsible Gambling and My PlayBreak Policy for further information);
- an individual registered for My PlayBreak;
- an individual who is an employee of OLG or who, by contract or another arrangement with OLG, is prohibited from registering an account withOLG.ca; and
- an individual who is an employee of an“iGaming vendor”or“an iGaming entity”(as such terms are defined in theOLG Rules Respecting iGaming Lottery Gamesasamended or replaced from time to time).
“FINTRAC”means theFinancial Transactions and Reports Analysis Centre of Canadaand the successors thereof;
“Future Game Transaction”has the meaning specified in Section5.3;
“Games”means, collectively, Draw-BasedLotteryGames Played Online, Pay-to-Play Games and Play-for-Free Games;
“iGaming System”means the systemthat isused by OLGfor the purpose of registering and administering Player Accounts, facilitatingthe playing of Games by Players,and paying prizes;
“Intending Player”means an individual described in Section 4.1;
“Live Stream” or “Live Streaming” means the real-time or near real-time audio-visual stream of a specific sporting match, game, competition, tournament or special event which a Player can access by meeting the eligibility requirements set out in Section 4.5;
“Login Credentials” means a unique combination of identifiers created by a Player that is used by a Player to identify themselves to the iGaming System each time the Player wants to access their Player Account consisting of, at a minimum, a username (including the email address associated with such Player Account) and a password.
“Lottery Game Rules”means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by OLG or the Interprovincial Lottery Corporation from time to time (in addition to this Agreement) which apply toaDraw-Based Lottery Game Played Online andwhich are designated by OLG as Lottery Game Rules.Subject toSection 3, the Lottery Game Rules are incorporated into and form part of this Agreement;
“Mobile Applications”meansanyapplication developed byor on behalf ofOLG that Prospective Players and Players can install on their mobile device, such as mobile phoneor tablet,andthrough whichselectGames are made available to eligible Players from time to time;
“Multi-Factor Authentication” has the meaning specified in Section 4.4.
“My PlayBreak” has the meaning specified in the Responsible Gambling and My PlayBreak Policy;
“OLG”means Ontario Lottery and Gaming Corporationand the successors thereof;
“OLG.ca”means OLG's websites and Mobile Applications through which select Games are made available to eligible Players from time to time;
“OLG Internet Gaming Privacy and Cookie Policy”means the OLG.cacookie andprivacypolicy, as amended or replaced by OLG from time to time. Subject to Section 3, the OLG Internet Gaming Privacy and Cookie Policy is incorporated into and forms part of this Agreement;
“OLG IP Rights”has the meaning specified in Section 14.3;
“Payment Method” means the payment options that OLG accepts for funding Player Accounts or making purchases using Direct Pay, which are listed within the Deposit and Direct Pay pages, and as updated from time to time in OLG’s sole discretion, that may include but are not limited to such options as credit cards, debit cards, e-transfers and the use of a Digital Payment Wallet.
“Pay-to-Play Game”means any of the games or products made available throughOLG.cafrom time to timethat: (i)constitutes a“lottery scheme”for purposes of theCriminal Code(Canada), (ii)requires the Player to place a bet or make a wager as a condition to entering the game, and (iii)affords the Player a chance to win a Prize but doesnotinclude any Draw-BasedLotteryGame Played Online or any Play-for-Free Game. Examplesof Pay-to-Play Games include Sports Betting Games Played Online and casino style games such as roulette and slots;
“Pay-to-PlayGameRules”means the terms, conditions, explanations, rules and procedures (for example, how a Prize is won, the value and odds of winning Prizes for an individual Pay-to-Play Game, the Prize tiers within a Pay-to-Play Game) issued by OLG from time to time (in addition to this Agreement) which apply to a particular Pay-to-Play Gameand which aredesignatedby OLG as Pay-to-Play Game Rules.Subject toSection 3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
“Player”means an individual(for certainty, other than anindividual who is or becomes anExcluded Individual)who has successfully registered a Player Account that has not beenSuspended,Deactivated,orClosed;
“Player Account”means a Player's accountof notional funds corresponding to Canadian dollars that ismaintained on the iGaming System, and also includes the Player's registration information, deposit and withdrawal transaction history,andgame-play information that the Player can access throughOLG.ca from time to time;
“Player Contact Information”means a Player's contact information that is associated with a Player Account and stored in the iGaming System at the relevant time including, for example, the Player's name, e-mail address, mailing address and telephone number;
“Player-Initiated Transaction”has the meaning specified in Section 10.1;
“Play-for-Free Game”means any of the free games made available throughOLG.ca from time to time thatcontainsomethe features ofa“lottery scheme”for purposes of theCriminal Code(Canada) butdonotafford a chance to win a Prizeor require any payment to play;
“Player Support”meansOLG.ca'scustomer support services, which can be contacted in accordance with Section 18.1;
“Prize”means a prize won by a Player from a Game in accordance with the applicableLotteryGame Rulesor Pay-to-Play Game Rules;
“Prospective Player”means any individual who visitsOLG.ca but is not a Player;
“Responsible Gambling and My PlayBreak Policy” means the OLG responsible gambling policy relating specifically to OLG.ca, as amended or replaced by OLG from time to time. Subject to Section 3, the Responsible Gambling and My PlayBreak Policy is incorporated into and forms part of this Agreement;
“Sports Betting Games Played Online”means Pay-to-Play Games made available through OLG’s online sports betting platform.
“Suspended Account”has the meaning specified in Section12.1;
“Suspend”or“Suspension”means that a Player Account has been set to aSuspendedAccount as described in Section12.1;
“Time-based One-time Password” has the meaning specified in Section 4.4.
“Unutilized Funds”means anynotionalfundscorresponding to Canadian dollars that are credited to a PlayerAccount, includingPrizesbut excluding Bonus Funds, thathavenotbeenused by the Player.
3 ADDITIONAL DOCUMENTS COMPRISING PART OF THIS AGREEMENT
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
- the applicable Lottery Game Rules and Pay-to-Play Game Rules;
- any applicable website user agreement;
- any applicable mobile application user agreement;
- the Responsible Gambling and My PlayBreak Policy;
- the Direct Pay Subscription Terms;
- the applicable Bonus Funds Terms; and
- OLG Internet Gaming Privacy and Cookie Policy.
In the event of any conflict or inconsistency between any provision of this Agreement and between any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses i.to vii. above, except that this Agreement shall rank below the applicable Lottery Game Rules and Pay-to-Play Game Rules referenced in clause i. and above the terms, conditions, policies, statements and explanations referenced in clauses ii. to vi.
4 REGISTRATION OF A PLAYER ACCOUNT
4.1 ELIGIBILITY TO REGISTER A PLAYER ACCOUNT
Only Players are allowed to playDraw Based Lottery Games Played Online, Pay-to-Play Games throughOLG.ca. An individual who desires to become a Player(an“Intending Player”)must satisfy the following criteria, as determined by OLG in its sole discretion:
- the Intending Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Accountwill constitute a material breach of this Agreement;
- the Intending Player must be at least 18 years of age. Only Players who are at least 19 years of age will be able to play Pay-to-PlayGames, Play-for-FreeGames. All Playerswho are at least 18 years of ageare eligible to play Draw-Based Lottery Games Played Online;
- the Intending Player mustresidein Ontario;
- the Intending Player must be physically located in the Province of Ontarioeach time the Player plays any of the Games(includingwhen signing up for Future Game Transactions);
- the Intending Player must not be anExcluded Individual;
- theIntending Player must be an individual who is acting on their own behalf. The Intending Player must not be acting for or on behalf of anyone other thanthemselves, whether as an agent or otherwise; and
- the Intending Player must submit true, complete and accurate information when providing registration information.
- in the case of Sports Betting Games Played Online, the Intending Player must comply with the provisions of paragraphs 5(a), (b), (c) and (d) of Section 14.5 each time the Intending Player plays any of the Games.
AnIntending Player who does not satisfy all of the foregoing criteria is not eligible to register an accountwithOLG.caor to become a Player.OLG, in its sole discretion,may require additional informationor documentationfrom an Intending Playeror Playerprior to completing the registration of a Player Account or at any time thereafter, including for the purposes of confirming a Player's identity or other Player Contact Information and in order to investigate any other suspected breaches of this Agreement (including any suspected fraudulentor dishonestactivity).A failure of the Intending Player to satisfy any of the foregoing will constitute a material breach of this Agreement.
OLG will disclose an Intending Player's registration information and additional information or documentation provided for the purposes of authenticating the Intending Player’s registration information tothird-partyservice providers for such purposes andtootherwiseconfirmthat an Intending Player has satisfied the foregoing criteria and is eligible to register a Player Account. In addition, OLG may similarly disclose information in respect of a Player to third-parties from time to time for the purposes of(i) confirming the Player's continued eligibility to maintain a Player Account, (ii) investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii) exercising any of OLG's other rights described in this Agreementor inany of the other documents incorporated in this Agreement by reference pursuant to Section 3.
By providing any informationor documentationto OLG, the Intending Player (or the Player, as the case may be) consents to the collection, use, storage, and disclosure of such information by OLG forany and all ofthe purposes contemplated in this Agreementor inany of the other documents incorporated in this Agreement by reference pursuant to Section 3. Please seetheOLG Internet Gaming Privacy and Cookie Policyfor additional information regarding the collection, use, disclosure and storage of personal information byOLG.
4.2 PLAYER ACCOUNT INFORMATION
Information that is submitted by an Intending Playerwho is registering an account withOLG.camustbetrue, accurate and completeat the time it is provided to OLGand suchinformation must remain true, accurate and completefollowing the registration of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player's sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreementand, if necessary,to update the Player's information in the Player Accountby going to the“My Account”or“Account Information”page.
OLG may, from time to time, disclose a Player's registration information tothird-partyservice providers for the purposes of confirmingthatthe Player's registration information remains true and accurate. In addition, OLG may, at any time in its sole discretion, request additional informationand documentationfrom a Player and may disclose such additional information and documentation to third parties for this purpose.
You consent that OLG, and itsthird-partyservice providers, can collect, use, store and disclosepersonal information asdefined in the OLG Privacy and Cookie Policy. You consentthatthis information can beused, stored, retained,and disclosedoutside of theProvince ofOntarioand Canada.This consent enablesthe followingservicesto be provided:(i) verification of identity;(ii) payment processing;(iii) location verification;(iv) analytics;(v)customer relationship managementandplayer support;(vi) email services;and(vii)technicalsupport.
The failureof a Playerto updatetheirPlayer Account information in a timely manner will constitute a material breach of this Agreement by the Player.Following the registration of a Player Account, if OLG discovers that any of the registration informationassociated with aPlayer Accountwhich is then on file in the iGaming Systemis not true or is no longer accurate or complete(including, for example, because a Player's circumstanceshavechanged and the Player did not update their information that is associated with the Player Account), OLG may take all steps in relation to the Player or the Player AccountthatOLGdetermines,in its sole discretion, to be appropriate. For example, these steps may includeSuspending,orDeactivating the Player Account, investigating any security issues and, in the case of suspected or actual identity theft or fraud,disclosing all relevant information to the appropriate law enforcement authoritiesand other third parties that OLG determines to be appropriate (for example, the AGCO, OLG's payment processors, and credit card issuers and brands).
4.3 REQUIRED DOCUMENTATION
OLG may require a Player to provide additional information and documentation if OLG, in its sole discretion, determines that the additional information or documentation is needed to comply with applicable laws or regulatory requirements, or if OLG considers the collection of such information or documentation to be necessary or advisable in order to prevent fraud or other illegal activity (whether suspected or actual) or to otherwise address a suspected or actual breach of the terms and conditions of this Agreement, or to confirm a Player's identity or entitlement to receiveor withdrawUnutilized Funds. Without limiting the generality of the foregoing, a Player will be required to provide to OLG such information anddocumentation as OLG may determine that it requires in order to comply with its FINTRAC reporting obligations. By providing such additional information or documentation to OLG, the Player will be deemed to represent and warrant to OLG that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original.
4.4 Accessing a player account
When registering for a Player Account, an Intending Player will be required tocreate Login Credentials.Following the registration of a Player Account, thePlayer is solely responsible for maintaining the security and secrecy of the Player'sLogin Credentials, including related security or verification questions and answers. A Player is not permitted to disclose theLogin Credentials to any other individual(including, without limitation,other Players,Prospective Players,family members,or minors),and only the Player is permitted to use theLogin Credentials tolog intothe relevant Player Account.Without limiting the generality of the foregoing, a Player is not permitted to use their Login Credentials or Device Biometric Authentication for the purpose of giving any other individual access to the Player's Player Account for any reason.All transactions(for example, changes to registration informationand Player Contact Information, deposits,withdrawals, Game play and lottery ticket purchases)made through a Player Account followingthe correct entry or application of validLogin Credentials (including while Device Biometric Authentication is enabled) will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.
If a Player intentionally or unintentionally disclosestheir Login Credentials to anyone else, or if the Player suspects that someone else might have discovered the Player'sLogin Credentials(whether or not such other person has used or attempted to use the Player'sLogin Credentials), the Player must immediatelychangetheirpasswordonOLG.ca and notifyPlayerSupportregarding the compromise or possible compromise of the originalLogin Credentials.
A Player can change thepassword associated with their Login Credentials at any time bygoing to the“My Account” or “Account Information”page.
A Player has the option to enable (through their Player Account) Device Biometric Authentication to access their Player Account.
The Player is responsible for the care and control of any device they use to access OLG.ca, store Device Biometric Data or enable Device Biometric Authentication. The Player acknowledges that once Device Biometric Authentication is enabled through their Player Account, any Biometric Data stored in the device used to enable the feature can be used to access the Player’s Player Account. Each time a Player uses Device Biometric Authentication to access their Player Account, they will be deemed to represent and warrant to OLG that their own and no other individual’s Device Biometric Data has been used as part of Device Biometric Authentication. OLG does not access nor store Device Biometric Data.
OLG shall not be liable for any direct or indirect damages arising out of or related to the Player’s use of, inability to use, or enabling of Device Biometric Authentication. OLG reserves the right to disable Device Biometric Authentication at any time without notice.
A Player has the option of enabling Multi-Factor Authentication as an additional verification factor to access their Player Account along with the use of a Player’s Login Credentials. “Multi-Factor Authentication” is an authentication method that requires the Player to input a Time-based One-time Password provided by that third-party application in addition to their Login Credentials, to confirm the Player’s identity when they attempt to sign-in to their Player Account. A “Time-based One-time Password” is a temporary password generated by a third-party application that can only be used once and within a certain period of time before it becomes invalid, at which point the Player will be required to input a newly generated Time-based One-time Password.
A Player may download any third-party authenticator application to their mobile device or desktop from Google Play or Apple’s App store, including but not limited to Google Authenticator, Duo Mobile or Microsoft Authenticator. By choosing to download, access or use a third-party application, the Player accepts and agrees that there may be additional terms and conditions governing this application and it is the Player’s responsibility to determine whether to accept and agree to such third-party terms and conditions. OLG shall not be liable for any direct or indirect damages resulting from the download, access or use of the third-party application selected by the Player in accordance with Section 14.1 and 14.2 of this Agreement.
4.5 PLAYER ACCOUNTS
A Player can access the details of their Player Account throughtheOLG.cawebsitebygoing to the“My Account” or “AccountInformation”pageincluding, for example, to see the following information:
- the Player's registration information, including Player Contact Information;
- the Player's Login Credentials, as well as related security questions and answers;
- thecurrentnotional balance of thePlayer Account;
- the financial transaction history associated with the Player Account; and
- thegame-play history associated with the Player Account.
If a Player discovers any inaccuracy or error in the information that is contained in their Player Account, or if the Player suspects that such an inaccuracy or error may exist,regardless of who is responsible for the inaccuracy or error, the Player is required to immediately contactPlayer Support.
OLG.ca is a lottery and gaming website meant for personal entertainment. A Player may only use their Player Account for these purposes. A Player may only use their Player Account for personal purposes. A Player is not permitted to useOLG.ca or any component thereof (including aPlayerAccount) or any content included onOLG.cafor anybusiness,commercialor publicpurpose or for any other purpose that OLG advises the Player from time to time is not permitted. Without limiting the generality if the foregoing, a Player may not, through chat or otherwise, display, provide or transmit any content that is deemed by OLG to be inappropriate (including by use of a username or nickname) or threaten bully or otherwise harass any other Player.
OLG may take all steps in relation to the Player or the Player AccountthatOLGdetermines,in its sole discretion, to be appropriate in respect of any hateful, discriminatory, sexist, violent, offensive or other inappropriate content.Without limiting the generality of the foregoing, OLG may, in its sole discretion, require that a username or nickname be changed, remove any content deemed to OLG to be non-compliant with the foregoing and/or Suspend or Deactivate the Player Account.
A Player Account is not the property of the Player and cannot be assigned ortransferredtoor shared withany other person by the Player for any purpose.
To be eligible to access Live Streaming (subject to system availability) through their Player Account, a Player must, at the first instance and for the duration of their access: (a) be located in Ontario; and (b) meet at least one of the following requirements:
- The Total Balance of their Player Account must be greater than zero (for certainty, the balance of at least one of the Cash Balance or the Bonus Funds balance must be greater than zero);
- The Player has wagered through a Sports Betting Game Played Online within twenty-four (24) hours prior to first accessing Live Streaming; or
- The Live Streaming is in respect of the specific match, game, competition or special event on which the Player has wagered through a Sports Betting Game Played Online within 336 hours (approximately 14 calendar days) prior to first accessing Live Streaming.
For certainty, a Player will lose any access they have to Live Streaming upon failing to meet the foregoing eligibility requirements.
5 PLAYINGBY WAY OF SUBSCRIPTION FOR FUTURE DRAWS
5.1PAYMENT OPTIONS FOR SUBSCRIPTIONS
Playersmayplaycertain Draw-Based Lottery Games Played Online by way of subscriptionprovided aplayer hasUnutilized Funds(or,subject to the relevant Bonus Fund Terms,Bonus Funds)in their Player Account, or by Direct Pay (subject to system availability) in accordance with the Direct Pay Subscription Terms, and otherwise complies with the terms of this Section5and theOLGRules Respecting iGaming Lottery Games.
5.2SUBSCRIPTION OPTIONS:
- OLG offers two types of subscription options, as follows: the“consecutive draw”option, which provides a Player the option toautomatically purchase a ticket for a designated number of consecutive draws in a Draw-Based Lottery Game Played Online in accordance with theOLGRules Respecting iGaming Lottery Games. Thenumber of consecutive draws available varies from a minimum of two to the maximum number presented to the Player on OLG.ca; and
- the“never miss a draw”option, which provides a Player with the option to automatically purchase a ticket for an indefinite number of draws in a Draw-Based Lottery Game Played Online in accordancewith theOLGRules Respecting iGaming Lottery Games.
5.3 FUTURE GAME TRANSACTIONS
A ticket purchase transaction by a Player by way of subscription in accordance with this Section 5.3 is referred to as a “Future Game Transaction”.
APlayerwho engages in, or attempts to engage in, Future Game Transactionsis solely responsiblefor continuallyensuring that:
- their Player Account contains sufficientUnutilized Funds(or Bonus Funds, if applicable)or that their permitted Direct Pay payment card is valid, operational and authorized by the issuing financial institution to process transactions (“Funded”), forsuch Future Game Transaction; and
- that the Player has completed the Future Game Transactions with adequate time (as determined by OLG) to allow OLG to process and record such transaction.
Without limiting the generality of the foregoing, such Player must, in addition to complying with all of the other terms and conditions of this Agreement which are then in effect:
- ensure thatthey have avalid ticket for the applicable draw as evidenced by the purchase confirmation displayed within their Player Account; and
- ensure the existence, completeness,and accuracy of the informationdisplayed within their Player Account (including, without limitation all purchase confirmations);
allbefore such draw is held.
OLG does not undertake any obligationor responsibilityfor notifying a Player:
- ifthey donot have a“valid ticket”(as such term is defined in theOLG Rules Respecting iGaming Lottery Games) for any particular draw or draws; or
- iftheydo or may have insufficientUnutilized Funds(or Bonus Funds, if applicable)available or if their permitted Direct Pay payment card is not Funded, to play a particular Game prior to rejecting the relevant transaction
provided that the foregoing will not restrict OLG's ability to so notify a Player.
6 DEPOSITS INTO PLAYER ACCOUNTAND DIRECT PAY
6.1 FUNDING A PLAYER ACCOUNTAND DIRECT PAY
Inorder to play Games (other thanPlay-for-Free Games) onOLG.ca, a Player is required to have a positive notional balanceof fundsin their Player Account. Notwithstanding the foregoing, a Player may purchase tickets for Draw-Based Lottery Games Played Online through Direct Pay on OLG.ca (subject to system availability).OLG will not extend credit to Players.
If, at the time that a bet, wager,or purchaseis to be made in respect of a Game, a PlayerAccount does not have sufficient funds available or a permitted Direct Pay payment card is not Funded, then the bet, wager or purchase will not be made and thePlayer’sentry into the Game will berejected. A Player is solely responsible for ensuring that their Player Account contains sufficient funds or their permitted Direct Pay payment card is Funded, as applicable, for aGame(including any Future Game Transaction). OLG does not undertake any obligation or responsibility for notifying a Player ifthey doormay haveinsufficientfundsavailable orif their permitted Direct Pay payment card is or is not funded, to play a particular Game(including any Future Game Transaction) prior torejectingthe relevant transaction(provided that the foregoing will not restrictOLG’sability to so notify a Player).
In addition, subject to certain exceptions, any monetaryPrizesfrom Games that are played throughOLG.ca, including those Draw-Based Lottery Games Played Online funded through Direct Pay, will beloadedtothe Player Accountby means of a credit to the notional balance of such Player Account. The withdrawal of funds representing suchPrizes from a Player Account will be subject to the terms and conditions of this Agreement.Instructions for claiming non-monetary Prizes will be provided to Playersby OLGfrom time to time.
6.2 MEANS OF DEPOSITING FUNDSAND USING DIRECT PAY
A Player may, using Canadian dollars only: (i) fund their Player Account by depositing funds with OLG; or (ii) complete a purchase for Draw-Based Lottery Games Played Online using Direct Pay, by means of an accepted Payment Method. INTERACe-Transfer®payments are not permitted for use in a purchase for Draw based Lottery Games Played Online using Direct Pay.
A list of all currently accepted Payment Methods can be found within the Deposit and Direct Pay pages. No other Payment Methods are permitted.
OLG reserves the right to change, add, or remove accepted Payment Methods, and the terms and conditions applicable to accepted Payment Methods, subject to notice, if applicable. Players are solely responsible for reviewing accepted Payment Methods before initiating any transaction with OLG.
Players should be aware that some credit card issuers may treat the funding of a Player Account as a cash advance and charge a fee for each such credit card transaction. Any cash advance fee or other fees relating to the use of a Payment Method are the Player’s sole responsibility.
Credit cards or debit cards that are accepted Payment Methods must be issued in Canada by a Canadian bank or financial institution. Players may only deposit funds using a Payment Method for which the Player is an authorized user, as defined by the Canadian bank, financial institution, or payment processing operator, as applicable.
OLG will not collect online banking or password information.
A Player should familiarize themselves with the terms and conditions that govern the use of their chosen Payment Method prior to using it to fund a Player Account or for Direct Pay including, but not limited to any cash advance fees or other fees related to the use of the Payment Method.
OLG or its payment processing service providers may store Payment Method or card information on servers located outside of Ontario, but within Canada. In addition, OLG and its payment processing service providers may use and disclose aggregated transaction information for various analytical purposes relating to their respective businesses (but not relating to a specific or identifiable Player). By using an accepted Payment Method to fund a Player Account or for Direct Pay, the Player expressly consents to OLG or its payment processing service providers, or both, storing such transaction information located on servers located outside of Ontario, but within Canada and using and disclosing aggregated transaction information for the purposes described in this paragraph.
The merchant associated with any deposit transaction will be “Ontario Lottery and Gaming Corporation”.
Each time a Player uses an accepted Payment Method to make a deposit with OLG for purposes of funding the notional balance of a Player Account or for Direct Pay, they will be deemed to represent and warrant to OLG that the Player has all necessary rights and authority to use such credit card, debit card or the funds in the relevant bank account for such purposes, including in circumstances in which the credit card, debit card or bank account is jointly held with one or more other persons or is held by a person other than the Player.
OLG, or its payment processing service providers, will hold a Player's monies that are deposited with OLG for purposes of funding the notional balance of a Player Account in a bank account or escrow account as trustee for the Player (not as banker or debtor). Notwithstanding anything to the contrary contained in this Agreement, OLG will deal with a Player's money that has been deposited with OLG as a trustee, and nothing contained herein shall create or give rise to any obligation on the part of OLG to repay any money to the Player as the Player's debtor. For the avoidance of doubt, a Player Account is not a bank account and, therefore, is not insured, guaranteed, sponsored, or otherwise protected by any deposit or banking insurance system. Funds deposited with OLG for purposes of funding the notional balance of a Player Account, and monetary Prizes that are credited to a Player Account, will not accrue interest for the benefit of the Player, and the Player shall not be entitled to claim any interest from OLG in respect of any such funds.
In the event that any amount becomes owing to OLG by the Player under or in accordance with the terms of this Agreement, OLG shall have the right to deduct such amounts from the Player's Unutilized Funds and to adjust the notional balance of funds in the Player Account accordingly without the requirement for any advance or further notice to be provided to the Player by OLG.
6.3 DEPOSIT AND DIRECT PAY LIMITS AND LIMITATIONS
In addition to any deposit limits established by a Player, OLG(in its sole discretion)mayrestricta Player's ability to fundthe notional balance ofa Player Account or engage in Direct Pay, including but not limited to by:
- establishing minimum and maximum amounts of funds thatmaybe depositedby a Playerwith OLG for the purpose of fundingthe notional balance ofa Player Account, on a transaction-by-transaction basis or during one or more time periods.As of the date of this Agreement,the minimum deposit amountfor a single deposit by a Player cannot be less than $15.00 and cannot exceed $999,999.00;
- limiting the number of different credit cards that a Player can use to fund a Player Account or make a purchase using Direct Pay. In addition, aparticularcredit card may not be registered with more than one Player Account;
- restricting a Player's ability to change deposit methods during specified periods of time;
- restricting a Player's ability to changecertain credit card informationor otherwise impose conditions prior to changing credit card information(for example, requiring that the Player contactPlayerSupport);
- changing acceptable methods of payment; or
- limiting the number of deposits that a Player can make for the purpose of funding the notional balance of a Player Account. As of the date of this Agreement, a Player cannot make more than ten (10) such deposits.
Subject to the deposit limits set by OLG pursuant to this Section 6.3, a Player has the option to set, change or remove deposit limits for their Player Account applicable to the periods of time and in the manner contemplated in the Responsible Gamblingand My PlayBreak Policy
6.4 CHARGEBACKS
A“Chargeback”occursfor the purposes of this Agreementwhen a creditor debitcardholder contactsthe bank or other financial institution that issued thecardto initiate a refund for apayment transaction that wasmadeusingthecardor the account associated with the card, and the bank or financial institution requests thatOLG returnthe relevant funds.
Ifa Player fundsthe notional balanceof their Player Account or completes a purchase using Direct Pay and thereafter a Chargeback occurs in respectof all or part of the transaction, OLG(or any of itsthird-partyservice providers)may take any or all of the following actions, in each case as OLG, in its sole discretion, determines to be appropriate:
- Suspendthe PlayerAccountpending resolution of any dispute relating to the Chargebackin accordance with Section12.1;
- request that the Player contactPlayer Supportto explain thecircumstances of the Chargeback;
- debit theUnutilized Funds in thePlayer Account with the amount of the Chargeback. If that debit results in a negative balanceof Unutilized Fundsin the Player Account,the amount of the negative balance will constitute a debt owed by the Player to OLG, andOLG reserves the right to recoversuch amount from the Player;
- Deactivate the Player Account and exclude the Player from playing Games onOLG.ca(i.e., deem the individual to thereafter be an Excluded Individual);or
- initiate a dispute resolution process with the relevant bank or financial institution, which may include OLG providing evidence relating to the deposit transaction and/or Chargeback to a payment processing service provider and/or a bank or financial institution.
7 WITHDRAWALS FROM A PLAYER ACCOUNT
7.1 METHODS OF WITHDRAWINGUNUTILIZEDFUNDS
Subject to certain exceptions, withdrawals ofUnutilized Funds froma Player Accountwill be processed by means of an electronic bank transfer(in Canadian dollars only)to a bank account that isregistered by the Player and which OLG has verifiedand approved, to its satisfaction,is held bythe Playerat a bank or other financial institution acceptable to OLG inCanada.A Player is not permitted to designate a bank account for such purposes that is not held by the Player (alone or together with other persons).
The Player acknowledges and agrees that:
- OLGwillrequire the Player to submit documentation(by electronic upload viaOLG.ca or as OLG may otherwise instruct)that, in OLG's sole determination, evidences the Player's authority over the bank account that is to be registered. For example, OLG may require a copy of a void cheque or a bank account statement, in either case which includes the Player's name,civicaddressand the bank account number, all of which must match the information associated with the Player Accountthat is stored in OLG's iGaming System;
- by submitting such documentation to OLG, the Player will be deemed to represent and warrant to OLG that such documentation is a true, accurate and complete copy of the original;and
- ifthe Player registers a bank account that is held jointly with one or more other persons, withdrawalsof Unutilized Fundsfrom their Player Account will be paid into such joint account and, therefore, may be accessedby the other account holders.
A Player will not be entitled to specify any other payment method or currency of payment for a withdrawal.For example, a Player will not be able to withdrawUnutilized Funds to a credit card even if the Player used a credit card to deposit funds with OLG for purposes of fundingthe notional balance oftheir Player Account. OLG, in its sole discretion, mayfrom time to time returnUnutilized Funds to a Player by other appropriate means.
7.2 WITHDRAWAL LIMITSAND LIMITATIONS
Subject to the terms and conditions of this Agreement, a Player may withdraw Unutilized Funds from their Player Account up to the then-current balanceof Unutilized Funds.
A Player will not be entitled to withdrawUnutilized Funds from a Player Account throughOLG.ca at any time that a Player Account isSuspendedunless OLG, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted.If a Player Account isSuspendedand the Player wants to make a withdrawalof Unutilized Funds, the PlayermustcontactPlayerSupport.
OLG may from time to time specify minimumand maximumwithdrawal amountsapplicable to Player Accounts. As of the date of this Agreement, the minimum amount of a single withdrawalof Unutilized Funds by aPlayeris $2,and there is nomaximum amount of a single withdrawalof Unutilized Funds by a Player. If a Player wishes to withdrawless than the specified minimum amount,the PlayermustcontactPlayerSupport.
OLG may from time to time limit the number of withdrawalsof Unutilized Funds by a Playerthat a Player can make during a specified period of time. As of the date of this Agreement,a Player is permitted to make only one withdrawalof Unutilized Fundsper day.
7.3 WITHDRAWAL CANCELLATIONS
OLG may, in its discretion, refuse a withdrawal requestifOLGsuspects such withdrawal is madeinbreachof this Agreement(whether or not such violation is a Material Breach). OLG will make reasonable efforts to promptly notify the Player of such refusalvia the Player Contact Informationassociated with the Player Account.
A Player may cancel their withdrawal requestthrough their Player Account.Provided such cancellation has not been processed by OLG, therelevantfunds will be returned to the Unutilized Funds in the PlayerAccount.
7.4 WITHDRAWAL PROCESSING TIMES
Followinga Player's request to withdrawUnutilized Funds from their Player Account and the satisfaction of all other terms and conditions for a withdrawal (including providing any required information or documentation to OLG),in most circumstancesOLG willbe able toprocess thewithdrawalwithinthreeBusiness Days.In some circumstances, a longer period of time for processing a withdrawal may be required. OLG will not be required to notify the Player of any delay associated with the processing of a withdrawal of Unutilized Funds or the reason for such delay unless additional information or documentation is required to be provided by the Player.
8 BONUSFUNDS TERMS
8.1BONUS FUNDS
From time to time, OLG may, in its sole discretion,whether for promotional purposes or otherwise,offer toupload Bonus Funds into a Player Account, subject to the Player (in their discretion) accepting the offer of the Bonus Funds. Bonus Fundshave a notional monetary value only, so theyare not Unutilized Fundsat the time they are awarded.A Player is not entitled to receive Bonus Funds unless OLG, in its sole discretion,determinesthat Bonus Funds should be offered to a particular Player. A Player will not be obligated to accept Bonus Funds.A Player can forfeit Bonus Funds at any time by contacting Player Support.
OLG will have the right to determine the qualification criteria for all promotions and awarding of Bonus Funds. The criteria will bespecified in the terms and conditionsthat OLG determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with theapplicable terms and conditions relating thereto (the“Bonus Funds Terms”). All Bonus Funds Terms will be deemed to be incorporated by reference in this Agreement, and in the event of any inconsistency between the Bonus Funds Terms and the terms and conditions of this Agreement, theBonus Funds Terms shall governto the extent of the inconsistency.
The awarding and availability of Bonus Funds are in OLG's sole discretion. The use of Bonus Fundsmaybe limited to specific Games and specific periods of time, andBonus Funds mayexpire and be cancelled if they are not used prior to a specified date or time. The applicable Bonus Funds Terms should be consulted.In addition,OLG maycancelBonus Funds that have been uploaded into a Player Account at any time in its sole discretion.
8.2 USING BONUS FUNDS
If a Playerwhowants to playGames (other than Play-for-Free Games, Sports Betting Games Played Onlineand Draw Based Lottery Games Played Online)has both Bonus Funds and Unutilized Funds in their Player Account(regardless of whether the awarding of the Bonus Funds preceded or followed the credit of notional funds to the balance of the Player Account, whether resulting from a deposit of funds with OLG by the Player or the winning of a Prize by the Player), theUnutilized Fundswill be used first to play theeligibleGames until all of theUnutilized Fundshave been utilized, following which time theBonusFunds will be used.Winnings from wagers placed with Bonus Funds are added to the Bonus Funds balance.
If a Player chooses to pay for Draw-Based Lottery Games Played Online using Direct Pay they are not permitted to use Unutilized Funds nor Bonus Funds to pay for any portion of the total purchase value; the entire purchase must be made using Direct Pay. If a Player wishes to use Unutilized Funds and/or Bonus Funds in their Player Account to pay for any portion of any purchase, the Player must pay for the entirety of the purchase with Unutilized Funds and/or Bonus Funds in accordance with this Agreement. In respect of subscriptions for Draw-Based Lottery Games Played Online, a Player may change the method of payment for Future Game Transactions between: (i) Direct Pay, and (ii) Unutilized Funds and/or Bonus Funds in their Player Account, in accordance with the Direct Pay Subscription Terms.
For Draw-Based Lottery Games Played Online and Sports Betting Games Played Online,Bonus Fundswill be used in accordance with theapplicableBonus Fund Terms.Pursuant to such terms, aPlayer may be requiredand/or permittedtouse Bonus Fundsfor the purchase of Draw-BasedLottery Games Played Online and Sports Betting Games Played Online, as applicable, prior toUnutilized Funds being utilized.
The Bonus Funds Terms may contemplate that certain Bonus Funds will become Unutilized Fundsonlyafter certain wagering requirements have been satisfied.A Player should review the applicable Bonus Funds Terms prior to accepting an offer of Bonus Funds. If a Player does not accept the applicable Bonus Funds Terms in their entirety, then the Playermustnotaccept the relevant Bonus Fundsor opt-out of the promotion in accordance with such Bonus Fund Terms.
9 ADVERTISING
9.1 PUBLISHING WINNER INFORMATION
OLG may publish the winner’s name, town/city,Prize amount, game name,“insider”status,draw dateand paid dateon OLG’s web site (OLG.ca).
10 DORMANT ACCOUNTS
10.1how a player account becomes a dormant account
A Player Account will become a Dormant Account if there has not been a Player-Initiated Transaction for a period of 36-consecutive months, unless the Player Account is for an individual registered for My PlayBreak. For this purpose, a “Player-Initiated Transaction” means (i) a deposit of funds by the Player for the purpose of funding the Player Account, (ii) a withdrawal of Unutilized Funds from the Player Account, or (iii) a bet, wager or purchase of a Draw-Based Lottery Game Played Online or a Pay-to-Play Game, including a Future Game Transaction that has not expired or been suspended due to insufficiency of Unutilized Funds or for any other reason. For the avoidance of doubt, participation in a Play-for-Free Game is not considered a Player-Initiated Transaction. If a Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 36-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction.
10.2effects of a dormant account
A Player is not restricted from accessing their Player Account during the time it is a Dormant Account. A Dormant Account (that has not been Deactivated) will cease to be a Dormant Account upon the completion of a Player-Initiated Transaction. If a Player Account remains a Dormant Account for 30 consecutive days, OLG will Deactivate such Player Account no earlier than the 31st day after the date the Player Account became a Dormant Account.
Upon a Player Account becoming a Dormant Account, OLG will use reasonable efforts to notify the Player via the email address associated with such Player Account of the following: (i) the Player’s Player Account has become a Dormant Account; (ii) the balance of Unutilized Funds associated with the Player Account; (iii) the consequences of the Player not taking the steps contemplated in this Section 10.2 to remove the Dormant Account status from their Player Account.
Notwithstanding Section 12.2, upon the Deactivation of a Dormant Account, OLG will automatically retain the Unutilized Funds subsisting at such time until: (i) OLG approves a request from the Intending Player to reactivate their Deactivated Dormant Account in accordance with Section 10.3; or (ii) OLG receives proper instructions relating to the disposition of such funds from the Player or their legal representative.
10.3REACTIVATION OF A DEACTIVATED DORMANT ACCOUNT
OLG will retain information relating to a Deactivated Dormant Account in the iGaming System in accordance with its record retention policies. If a Dormant Account is Deactivated pursuant to Section 10.2, the Intending Player associated with such Dormant Account may thereafter contact Player Support to request the reactivation of such Dormant Account. If such a Deactivated Dormant Account is reactivated, it will have the same account details as those which existed as of the date the Dormant Account was Deactivated. In the event that any of the relevant information has changed (for example, the Player Contact Information), the Intending Player will be solely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect.
11PLAYER’SCLOSURE OF ACCOUNTS
11.1 CLOSUREOF A PLAYER ACCOUNT BY THE PLAYER
A Player mayclosetheir Player Accountat any time bycontacting Player Support(“Closed Account”).If a Player is no longer eligible to have a Player Account (for example, if the Playerwill be relocating to a jurisdiction outside of the Province of Ontario, or if the Player becomes anExcluded Individual), the Player is required toClosetheir Player Account.
UponClosureof a PlayerAccount,the Player Account will no longer be accessible by the Playeruntil such time as the Player has contacted Player Support to request a re-opening of the Player Account and OLG has approved of such re-opening.All FutureGame Transactionsassociated with theClosed Player Accountthat have not been completed by the time ofClosure will be cancelled.
Notwithstanding theClosure of the account, OLG will retain a Player’s information in accordance with its record retention policies. For more informationon how OLGretains a Player’spersonal information, see the OLGInternetGamingPrivacyand CookiePolicy
Subject to the minimum withdrawal requirements in Section7.2and documentation requirements in Section4.3, ifa PlayerClosestheirPlayer Account and Unutilized Funds remain in the Player Account at that time, OLG willreturnthe Unutilized Funds to the Player's bank accountthat is associated with the Player Account, the details of which are stored by OLG on the iGaming System.In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirmthat the bank account belongs to the Player), OLG will use reasonable efforts to contact the Player using thePlayer Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds.
12 DEACTIVATIONOR SUSPENSIONOF A PLAYER ACCOUNT IN OLG'S DISCRETION
12.1 SUSPENSION OF A PLAYER ACCOUNT
OLG shall have the right tosuspenda Player Account at any time in its sole discretion(a“Suspended Account”).Without limiting the foregoing, and by way of example only, OLG maySuspend a Player’s access to their Player Account if it suspects that the Player has improperly initiated a Chargeback or has committed any breach of this Player Agreement, applicable law, Lottery Game Rules, and/or the Pay-to-Play Game Rules.
While a Player Account isSuspended:
- a Player will be unable tologinor access their Player Account;
- a Player will be unable to withdraw any Unutilized Funds unless OLG, in its sole discretion, determines otherwise;
- all Future Game Transactions associated with theSuspended Player Account will be suspended and/or cancelled (i.e. no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account isSuspended will be completed);and
- a Player may be required to cooperate with any investigations conducted by OLG into the Player’s conduct prior to theSuspension being lifted (including provisions of additional documentation or information as requested by OLG).Failure to cooperate withthis subsection12.1(d)shall be deemed a Material Breach of this Agreement.
If, during theSuspension, OLG determines that the Player has committed a Material Breach of this Agreement, it mayDeactivate the Player Account in accordance with Section12.2.
12.2 DEACTIVATION OF PLAYER ACCOUNTS
OLG shall have the right todeactivate a Player Account at any time inits sole discretion(a“Deactivated Account”).
If OLGDeactivates a Player Account, OLG will deposit an amount equal to the Unutilized Funds as at such date into the bank account that is associated with the Player Account(subject totheminimum withdrawal requirements detailed in Section7.2and additional documentation requirements in Section4.3), the details of which are stored by OLGon the iGaming System. In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm thatthe bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using thePlayer Contact Information.If OLG is unable to contact the Player, then OLG willretain the Unutilized Fundsuntil OLG receives proper instructions relating to the disposition of such funds from the Player or their legal representative.
Notwithstanding the foregoing, if OLGDeactivates a Player Account as a result ofthe occurrence of aMaterialBreachby the Playerunderthis Agreement, OLG (in its sole discretion) shall be entitled to treat anyor all of theUnutilized Funds as forfeited by the Player, in which case the Player will not be entitled to have the Unutilized Funds returned.
13 EFFECT OF DEACTIVATIONOR CLOSUREOF A PLAYER ACCOUNT
Without limiting the foregoing, when a Player Account isa ClosedAccount ora Deactivated Account:
- Any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to theClosureorDeactivationwill be cancelled;
- the Player will not be entitled to receive any offers for new Bonus Funds, and any existing Bonus Funds associated with the Player Account will be cancelled and the Player will not be entitled to receive any compensation in respect of the cancelled Bonus Funds; and
- this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.
14 ACCESSING AND USINGOLG.CA
14.1 SUPPLY AND MAINTENANCE OFPLAYEREQUIPMENT AND SERVICES
Prospective Players, Intending Players,and Players are solely responsible forsupplying and maintainingall equipment, technology and services that they require to access and useOLG.ca.The performance or operation ofOLG.ca or anywebsiteorMobileApplicationsthat OLG may make available to Players from time to timemay be affected by a Player's computer equipment,mobile device,Internet connection or other factorsthat areoutside ofOLG'scontrol.In some cases, a Prospective Player, Intending Player,or a Player may not be able to access or use some or all of the componentsorfunctionality ofOLG.ca as a result of deficiencies in their own equipmentortechnologyortheserviceproviders retained by them. For example, a slow Internet connection could adversely impact the performance or operation ofOLG.ca, oran outdatedweb browser orthe settings on aPlayer'scomputer could cause some or all of the content ofOLG.ca to display incorrectlyor to fail to display.
OLG makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation ofOLG.ca or any component thereof on anyIntending Player,Prospective Player or Player's computer or otherdevicesused toaccessOLG.ca.
Players may require or decide to use additionalthird-partyservices to accessOLG.ca (e.g.,internetserviceprovider agreement;mobilecarrier agreement;emailaccount;text messaging service (SMS)) or to access their Player Account, including through use of Multi-Factor Authentication or Device Biometric Authentication. The Player is solely accountable foranyagreementsandcharges related to thesethird-partyservices. A Player should familiarizethemselveswith the terms and conditions that govern any such services prior to using themto accessOLG.ca or their Player Account.
14.2THIRD-PARTYCONTENT; JOINT GAMES
In orderto access or use certain components ofOLG.ca, it may be necessary for a Prospective Player or a Player to download software (for example,certain casino games may require a flash playeror an up-to-date web browser; and the use of Multi-Factor Authentication requires the Player to download a third-party application that will generate a Time-based One-time Password.)
Certain third-party product providers may require the Prospective Player orthePlayer to accept and agree to additional terms and conditions governing the use of their products. It is the sole responsibility of the Prospective Player or the Player to determine whethertheyaccept and agree to any suchthird-partyterms and conditions, and if the Prospective Player or the Player does not accept and agree to them, suchthird-partyproductshould not be used.
OLG shall not be liable for anydirect or indirectdamageto, or loss of data from,a Prospective Player's or a Player's equipmentthatmay arise from or as a result of the access or use ofOLG.ca or any content, software or applications made available by or on behalf of OLG throughOLG.ca.
Some Pay-to-Play Games may be offered jointly and networked with one or more other Canadian lottery jurisdictions. Players playing such Games could face opponents from within Ontario as well as opponents located elsewhere in Canada.
14.3 OLG'S INTELLECTUAL PROPERTY RIGHTS
OLG is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect ofOLG.ca and the iGaming System, including the content of the foregoing, theGamesand any written communications that are sent to Prospective Players or Playersbyor on behalf of OLG (collectively,“OLG IP Rights”). No Prospective Player or Player shall be deemed to be granted or to receive any rights in or to any of the OLG IPRights except to the extent specifically contemplated in, and subject to the terms and conditions of,this Agreement.
14.4 VIRUSES, HACKING AND OTHER OFFENCES
The access or use ofOLG.ca other than in accordance with the terms and conditions of this Agreement is strictly prohibited.
A Prospective Player oraPlayer shall not:
- knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful toOLG.ca, the iGaming System, any Gameor any componentof any of the foregoing;
- access or attempt to gain access toOLG.ca, the iGaming System, any Gameor any componentof any of the foregoingthatthey arenot entitled to access, including theservers on whichOLG.ca,the iGaming Systemor any Gameis stored or any server, computer or database connected toOLG.ca,theiGaming Systemor any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included inOLG.ca,the iGaming Systemor any Game, including those which are intended to protect the security of Player's personal information;
- use any software program which, in OLG's sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player's participation in aGame;
- attack, whether alone or in combination with others,OLG.ca by means of a denial-of-service attack or a distributed denial-of-service attack;
- translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modifyor make any attempt to discover the source code ofany software(or any part thereof)that is downloaded through or in connection with the access or use ofOLG.ca;
- copy, record, store, disclose (including, for example, by posting on any social media, blog, message board or other public forum), publish, transfer, distribute, broadcast, stream, transmit, modify, remove, adapt, vary, edit, manipulate, reproduce, exploit or otherwise make available, communicate or make commercial use of, any of the content (including, without limitation, Live Streaming content) or any material that is made available on or through OLG.ca, in any form or medium whatsoever; or
- remove, obscure or alterany notice of any OLG IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or throughOLG.ca.
A failure to comply with this Section 14.4will constitute a material breach of this Agreement by the Prospective Player or the Player. In the event thatany action that is prohibited by this Section 14.4occurs, OLG (in its sole discretion)may deem it to be an Error for the purposes of this Agreement, and, in addition to this Section 14.4, Section 15.1shall also apply in respect thereof.
14.5 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
Each Player is prohibited from engaging in, and is required to immediately notify OLG upon becoming aware that another Player is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any Game or other component ofOLG.ca, including in connection with the registration of a Player Account, the deposit of funds with OLG to the credit of the notional balance of a Player Account, making a bet, wager or purchase of a Game, or the withdrawal of Unutilized Funds.
For the purposes of this Agreement, the following is a non-exhaustive list of examples of collusion, cheating, fraud, criminal activity and/or the exploitation of an unfair advantage:
- collusion includes wagering on both sides of a casino or sports betting outcome in concert with one or more Players;
- criminal activity and/or taking an unfair advantage includes wagering on both sides of a casino or sports betting outcome;
- fraud includes the unauthorized use of a credit card as a source of funds to be deposited to the credit of a Player Account or to initiate a purchase using Direct Pay;
- criminal activity includes money laundering;
- an unfair advantage includes card-counting andthe use of any software that could provide a Player with an unfair advantage(including, by way of example only,“bots”,artificial intelligence, machine learning software,malicious code,opponent profiling software, automatic betting software, viruses, worms, or malware);
- an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation ofOLG.ca (including any Game) or the exploitation of anyError; and
- in the case of Sports Betting Games Played Online, collusion includes any of the following:
a) having access to non-public/exclusive information related to an Event, or having the potential to impact the outcome of an Event or bet type, in respect of any Event overseen by the relevant Event governing body;
b) having sufficient authority to influence the outcome of an Event (including, without limitation, athletes, coaches, managers and owners), in respect of any Event overseen by the relevant Event governing body;
c) being an owner of an Event governing body or an Event member team, in respect of any Event overseen by that governing body or any event in which a member team of that governing body participates; or
d) compiling betting odds for any Event in which one is involved.
OLG will use reasonable efforts to detect and prevent anysuchcollusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantageby Players, but in the event that any such activity occurs and another Player incurs any loss or damage, OLG will not be liable for any such loss or damage.
Each Player hereby represents and warrants to OLG that they comply, and will comply, with the provisions of paragraphs 5(a), (b), (c) and (d) of this Section 14.5.
OLG shall have the right to notify all third partieswhichOLG, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any Player or the taking of any unfair advantage by any Player, including the appropriate law enforcement authorities and other third parties that OLG determines to be appropriate (for example,police services,the AGCO, OLG's payment processors, Event governing bodies, other operators/providers of sports being platforms, and credit card issuers and brands).
15 ERRORS AND UNAVAILABILITY OFOLG.CA
15.1 OLG'S ERRORS
A number of circumstances may arise where a Game-related bet, wager or purchase is accepted by OLG in error, where OLG awards a Prize, credits a Player Account or processes a withdrawal in error, or where a Lottery Game Rule or Pay-to-Play Game Rule includes an error (each an“Error”). As examples only, Errors may include:
- where OLG misstates anyLotteryGame Rules, Pay-to-Play Game Rulesor Bonus Funds Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction;
- where OLG’s third party service provider misstates any LotteryGame Rules or Pay-to-Play Game Rules;
- where OLG credits a Player Account, thereby increasing the amount of Unutilized Funds, as a result of a manual or computer input error;
- where OLG deposits into a Player's bank account an amount that is greater than the amount of Unutilized Funds in a Player Account; or
- in the case of Sports Betting Games Played Online, errors which may result in the voiding and/or resettling of a wager:
i. Where OLG accepts a wager after the Event Cut-off Time for Wagering (as defined in the applicable Pay-to-Play Game Rules); after a result is known; or at a stage where the Player could have any indication of the result of the wager;
ii.Where OLG accepts a wager based on incorrect information provided by OLG including, but not limited to, incorrect outcomes, participants, location, date, time, lines or odds;
iii.Where OLG settles a wager with an incorrect result or payout; or
iv. If OLG, in its sole discretion, believes that the integrity of the event may have been called into question: or
v. The Player fails to comply with one or more of paragraphs 5(a), (b), (c) and (d) of Section 14.5
OLG reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and OLG's decision shall be final and binding. Reference is also made to Section16.3.
Neither OLG nor any of its employees, agents or service providers shall be liable for any loss incurred by a Player that results from any Error, including any loss of winnings that results from a forfeiture thereof by the Player as a result of the Error. OLG shall use reasonable efforts to notifya Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player.
Inthe event that OLG credits a Player Account, or pays any moneyto a Player (for example, by processing a withdrawal), as a result ofor in relation toan Error, the Player shall be deemed to hold the entirety of the amount of such credit or payment (such amount being herein referred to as “Error Funds”) in trust for OLG,andOLGshall have the right to recover the Error Funds through a correcting entry to the extent that funds are available in the Player’s Player Account and, if sufficient funds are not available, througha demand for paymentto that person, which demandthepersonshall immediatelysatisfy, to the extent of any deficiency,in accordance with OLG's reasonable instructions.Further ,anysubsequentGame-related bet, wager or purchasemay be deemed by OLG to have been madeusingthe Error Funds,and (i)OLG may cancel such bet, wager or purchase, and(ii)if any Prize in respect thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the full amount of such Prize in trust for OLG, and(iii)upon OLG making a demand for the return of such Prize, the Player shall immediately return the Prize to OLG in accordance with OLG's reasonable instructions.
15.2 UNAVAILABILITY OFOLG.CA
OLG intends to makeOLG.ca available on a 24-hour basis, 7 days a week. However, from time to time it will be necessary to limit or restrict access to all or parts ofOLG.ca (“Downtime”),including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by OLG in its sole discretion. During a period of Downtime, some or all of the functionality ofOLG.ca may not be available. As examples only, it may not be possible to:
- deposit funds with OLG for purposes of crediting the notional balance of a Player Account;
- withdraw Unutilized Funds;
- play Games; or
- check a Player's transaction history.
OLG will use reasonable efforts to notify Players in advance of planned Downtimeby posting notices atOLG.ca or through other appropriate means as determined by OLGin its discretion. However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond OLG's control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach. Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable to withdraw Unutilized Funds throughOLG.ca or if Bonus Funds expire during the period of any Downtime.
16 BREACH OF THIS AGREEMENT BY A PLAYER
16.1 NOT A MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement(actual or deemed), OLG will use reasonable efforts to notify the Prospective Player or the Player of the breach and, if such breach is of a nature that can be remedied, provide a reasonable period of time (as determined by OLG) during which the Prospective Player or Player may remedy the breach. If the breach is not remedied to the satisfaction of OLG, then the breach shall be deemed to be a material breach of this Agreement.
16.2 MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement and such breach is or is deemedby OLGto be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of OLG specified in this Agreement, OLG may exercise any or all of the following remedies as OLG, in its sole discretion, determines to be appropriate in the circumstances, in each case without the requirement for prior notification to the Prospective Player or the Player or any remedial period:
- Suspendthe Player Account until such time as the breach is remedied to OLG's satisfaction;
- request that the Player contactPlayer Supportto explain the circumstances of the breach, or to provide such information and documentation relating thereto as OLG may request;
- Deactivate the Player Account and exclude the Player from playing Games onOLG.ca;
- notify any third parties which OLG, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example,police services,the AGCO, OLG's payment processors and credit card issuers and brands); or
- retain any or all of a Player's Unutilized Funds to the extent necessary to compensate OLG for its actualand/or potentiallossesand liabilitiesresulting from such breach.
16.3 DISPUTES
Except as otherwise provided in theLotteryGame Rules or thePay-to-PlayGame Rules,no claim or dispute bya Player with regard to any bet, wager or purchase of a Game, including the outcome of suchGame, will be considered by OLG(i) in the case of a Draw-Based Lottery Game Played Online,more than12 monthsfollowing the date on which the Game is completed, and (ii) in thecase of a Pay-to-Play Game, more than30 daysfollowing the date on which the Game is completed.
OLG's records, as maintained in theiGaming System(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online),will be the final authority in determining the circumstances of a Player's participation in the relevant Game and the results of such participation.In the event of a disagreement between the result that appears on a Player's screen and the relevant Game servers(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online), the result that appears in the Game servers(and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online)will prevail.
A Prospective Player or a Player who wishes to make a complaint about OLG or any aspect ofOLG.ca may do so by contactingPlayer Supportor otherwise contactingOLG in accordance with Section 18.1. A Prospective Player or a Player may alsocontactthe AGCO (OLG's regulator) using the contact information in Section 18.2.
17 LIMITATIONS OF LIABILITY
17.1 OLG'S LIABILITY
Except as otherwise provided in the applicableLotteryGame Rules orPay-to-PlayGame Rules,OLG's(including, but not limited tothe extent applicable,OLG's, OLG’s service providers, subcontractors, employees, agents, and assigns)maximum liability, subjectalwaysto Section17.2,to a Prospective Player or a Player under this Agreement or otherwise in respect of the accessing or use ofOLG.ca shall not exceedthe lowest of:
- thedollar amountvalue of the bets, wagers, purchasesor tips actuallymade by a Player via their Player Account in respect of the relevant bet, wager, purchase, tip or Game that gave rise to the relevantallegedliability;
- the amount of applicable monies, where such monies have been improperly directed by OLG or misplaced by OLG;or
- an aggregate of$1,000in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by OLG or any of OLG's service providers, or anyone acting on behalf of OLG or any of OLG's service providers.
17.2 EXCLUSIONS FROM OLG'S LIABILITY
Notwithstanding anything to the contrary contained in this Agreement,OLGshall not be liable for any loss or damage suffered by any person as a result of:
- the operationofOLG.ca, the iGaming System (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online);
- the failure ofOLG.ca, the iGaming System (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online)to operate properly or at all;
- the participation by any person in, or any failure, negligence or wrongdoing by OLG or any of OLG’s service providers in respect of, any responsible gambling program operated by OLG or any of OLG’s service providers, including: (i) My PlayBreak;; (ii) PlaySmart.ca; (iii) deposit limits; (iv) financial limits and budgets; (v) playing time reminders; (vi) self-assessment tools or risk profiles;
- the failure of OLGor any of OLG’s service providersto: (i) process or record a purchase; (ii) process, receive or record a payment for a ticket;(iii) display an accuratepurchase confirmation in such person’s player account;or (iv) otherwise complete a transaction (including, without limitation, a Future Game Transaction); or
- any wager or tip erroneously or unintentionally made by a Player.
For greater certainty,a Prospective Player or a Player shall not have the right to claim damages under or in connection withOLG.ca or this Agreement or for breach of this Agreement by OLG, in tort, in contractor on any basis whatsoever to the extent that any loss claimed by the Prospective Player or the Player is:
- for punitive, exemplary or aggravated damages;
- for loss of profits,loss of chance,loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption;
- a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Prospective Player or the Player; or
- not reasonably foreseeable by OLG arising out of this Agreement or the use of OLG.ca.
OLG.cawill be operatedwith reasonable skill and care substantially as described in this Agreement.
OLG does not make any other promise, representation or warranty regardingOLG.ca or any of the Games or other products or services that are made available on or throughOLG.ca, and except as specifically included in this Agreement, OLG hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.
Prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement,representation, warranty or understanding of any person, other than thoseof OLG which areincluded in (orexpresslyincorporated by reference into) this Agreement.
18 CONTACTS
18.1 CONTACTING OLG
A Prospective Player or a Player may contact OLG'sPlayer Supportat any time as follows:
- by using real-time chat, available throughOLG.ca;
- by e-mail, atplayersupport@OLG.ca. OLGwill endeavour to respond to e-mails within one Business Day. If the e-mail address from which OLG receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, OLG will not provide any information relating to your Player Account when responding to your e-mail. In such circumstances, you may be requested or required to contact OLG by using real-time chat or by telephone;or
- by telephone,1(855)978 7529
18.2 CONTACTING AGCO
OLG is regulated by the AGCO. A Prospective Player or a Player may contact the AGCO regarding any aspect ofOLG.ca as follows:
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4
Tel:1 (416)3268700 or 1(800)5222876 (toll free in Ontario)
18.3 CONTACTING A PLAYER
OLG, or anyone acting on behalf of OLG, shall be entitled to contact a Player with respect to any matter contemplated in this Agreement by using any of the Player Contact Details(including by way of email or telephone). OLG's other communications with a Player or a Prospective Player will be subject to the terms and conditions of theOLG Internet Gaming Privacy and Cookie Policy.
19 GENERAL PROVISIONS
19.1 FOR PURPOSES OF THIS AGREEMENT, UNLESS OTHERWISE STATED:
- “day”means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM;
- “week”means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
- “month”means a calendar month;
- all times are expressed in Eastern Time;
- all monetary amounts are references to lawful currency of Canada (i.e., Canadian dollars); and
- “including”is deemed to mean“including without limitation”and shall not be deemed limited by the specific enumeration of items;
- words importing the singular shall include the plural and vice versa and words importing one gender shall include all gendersunless context otherwise requires;
19.2 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN.
19.3EACH PROVISION OF THIS AGREEMENT SHALL BE VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION MAY BE SEVERED AND SUCH INVALIDITY, UNENFORCEABILITY OR ILLEGALITY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY, ENFORCEABILITY AND LEGALITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT.
EFFECTIVE DATE: APR 23rd, 2024
