Or. Admin. R. 177-046-0022

Current through Register Vol. 63, No. 8, August 1, 2024

Section 177-046-0022 - Player Account

(1) General: To play Lottery games digitally, an individual must establish a player account by accurately completing the registration form provided on the mobile app or site.

(2) Eligibility: To be eligible to create a player account and play games digitally, an individual must:

(a) Be at least 21 years of age;

(b) Open one player account only in the individual's own legal name, for their sole benefit, and not on behalf of anyone else;

(c) Have a high-speed Internet connection and consent to the use of geolocation technologies to verify the individual's location when playing a Lottery game on a mobile app or site;

(d) Provide all information requested to verify the individual's age, identity, and eligibility and consent to the verification of the individual's identifying information, including the release of information provided by the individual to third parties to verify such information;

(e) Consent to the terms of use presented to the individual by the entity holding the player account, including, but not limited to, terms relating to the flow of funds through the player account as described in the terms of use and OAR 177-046-0027; and

(f) Agree to and comply with any terms of use, terms and conditions, privacy policies, and in-game rules, as they are updated from time to time, provided on the mobile app or site.

(3) Verification. The Lottery must be able to verify an individual's identity. This includes sharing information provided by the individual with third parties for the purpose of verifying the information. The player may need to provide additional documentation to the Lottery, Lottery contractor, or other third-party including, but not limited to, government-issued photo identification and proof-of-address documentation.

(4) Player Account Maintenance Responsibility. A player must ensure that the player account information is kept updated. The player is responsible for all activity, charges, and damages that occur on their player account. The player must take reasonable efforts to protect the privacy of the player account password and prevent unauthorized access to the player account including, but not limited to, logging out of the player account when not in use. The player must immediately notify the Lottery or the entity holding the player account if the player suspects unauthorized access to the player account.

(5) Prohibited Conduct. A player may not engage in any conduct prohibited by this rule or other applicable rule, law, terms of use, or the terms and conditions. Without limiting the forgoing, a player may not:

(a) Use the player account for any other purpose than its intended purpose, which is to facilitate playing Lottery games digitally; this includes, but is not limited to, use of the player account for any commercial purpose or in a way that impairs, interrupts, or damages the mobile app or site; to promote any products or services; or to distribute any communications, including any defamatory, offensive, or obscene content;

(b) Use (or upload to the mobile app or site) any form of malware or engage in any automatic game playing or similar manipulation of game;

(c) Allow, facilitate, or encourage a person who is under 21 years of age to play Lottery games that require a player account or otherwise allow any other person to use the player account;

(d) Engage in or attempt any illegal, fraudulent, or dishonest activity in connection with a player account, including, without limitation, using a stolen payment card, forgery, collusion, cheating, bribery, bookmaking, money laundering, and providing false information to the Lottery;

(e) Take unfair advantage of or exploit any technical fault or loophole on the mobile app or site or an error by the Lottery or its contractor or in the Lottery's or its contractor's software.

(6) Player Account Monitoring and Reporting: The player account may be monitored to ensure the player is not engaging in any prohibited conduct. Information on such activities may be reported to law enforcement or the appropriate regulatory authorities and other third parties.

(7) Player Account Denial, Closure, or Suspension by the Lottery:

(a) Player accounts are offered at the discretion of the Lottery to facilitate digital game play. The Lottery, or the Lottery's vendor acting on behalf of Lottery, may refuse to open, suspend, deny access to, or close a player account at any time and without prior notice in order to protect the fairness, integrity, security, and honesty of the Lottery, including, but not limited to, for any of the following reasons:

(A) Inability to verify the accuracy of the information provided by a player at registration;

(B) A player breaches or violates any administrative rule or applicable law or the terms of use or terms and conditions the player has agreed to on the mobile app or site;

(C) A request by law enforcement or other government agency;

(D) Unexpected technical or security issues or problems, including any suspected compromise or breach of the player account security;

(E) A player engages in any of the prohibited conduct described in this rule or applicable game rule or in the terms of use or terms and conditions the player has agreed to;

(F) A player has more than one player account;

(G) A player account is dormant;

(H) Monitoring of player account activity indicates the player account is not being used for its intended purpose;

(I) One or more deposits is charged back;

(J) Pending resolution of processes required by ORS 461.715 and 461.719 (holding of certain prizes for child support or overpayment recovery); or

(K) At the discretion of the Lottery or Lottery's vendor for any other reason, or by Lottery or Lottery's vendor as described in the terms of use for the player account.

(b) If a player account is suspended or closed, the player will be unable to play games. However, if a player account is suspended or closed, generally the player will be able to have their funds in their player account returned to them, unless the account has been suspended or closed based on suspicion of illegal activity or prohibited conduct. Any purchases by a player of tickets or shares that are pending or unconfirmed bets, bonuses, and entries in promotions or competitions will be void. If a player has confirmed purchases of tickets or shares at the time of account suspension or closure, such confirmed tickets or shares will stand unless otherwise voided or refunded by the Lottery. If the confirmed tickets or shares are for future events or games (such as a bet on a future sporting event or a ticket for a future drawing), any prizes will credit to the player account during account suspension or closure.

(c) The Lottery, either directly or acting through Lottery's vendor, will notify a player if a player account is refused, suspended, closed, or considered dormant, or if a player is denied access to games. This notice is a decision of the Director and is a final order in other than a contested case under ORS 183.484.

(8) Account Closure by Player:

(a) Except as provided in subsection (b) of this section, a player may close their player account at any time for any reason as provided in the terms of use.

(b) Closure of a player account may be delayed in certain circumstances including, but not limited to, when the player account has a negative balance, has confirmed purchases of tickets or shares on future events (such as a bet on a future sporting event or a ticket for a future drawing), or the player account has been suspended.

(c) At the time a player closes the player account, any purchases by a player of tickets or shares that are pending or unconfirmed bets, bonuses, and entries in promotions or competitions will be void. If a player has confirmed purchases of tickets or shares at the time a player closes the player account, such confirmed tickets or shares will stand. If, at the time the player account is closed, the confirmed tickets or shares are for future events or games (such as a bet on a future sporting event or a ticket for a future drawing), any prizes will credit to the player account.

(d) If a player closes the player account, the player will be prompted to withdraw any remaining funds. If the player has confirmed purchases of tickets or shares or confirmed bets on future events, the funding account will remain open pending settlement of those purchases to allow the Lottery to pay the player in the event the player wins a prize at a future date.

(9) Limitation of Liability: In addition to other limitations on the Lottery's liability in OAR chapter 177 or applicable terms of use or terms and conditions:

(a) The Lottery is not liable for any loss or damage arising from any use of or access to the player account, including, without limitation, any authorized or unauthorized use of the player account. All purchases and activity on a player account are the sole responsibility of the player account registrant.

(b) The Lottery will, and will require its vendors, to take reasonable precautions to protect the privacy of the player's username, password, account information, and all financial information. The Lottery may not and do not guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, interruption, interception, or error.

(c) The Lottery will, and will require its vendors, to take reasonable care to provide players with digital access to their player account and Lottery games. However, the Lottery nor its vendors may not and do not guarantee or warrant the accuracy, availability, completeness, or timeliness of any content available through the mobile app or site. The Lottery nor its vendors are not liable for any damages or losses resulting from unavailable, inaccurate, inadequate, incomplete, or untimely content. The Lottery nor its vendors do not promise the mobile app or site will have uninterrupted availability or be free of malfunctions, bugs, or other errors. The Lottery nor its vendors are not liable for any disruption in access to the mobile app or site.

Or. Admin. R. 177-046-0022

LOTT 2-2019, temporary adopt filed 10/01/2019, effective 10/1/2019 through 3/28/2020; LOTT 1-2020, adopt filed 03/20/2020, effective 3/29/2020; LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 6/14/2022; LOTT 6-2022, amend filed 06/03/2022, effective 6/15/2022

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), Or Const, Art XV, § 4(4), 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.400, 461.715 & 461.719

Statutes/Other Implemented: Or Const, 461.010, 461.020, 461.190, 461.440, 461.600, 461.820, 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.400, 461.715 & 461.719