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1 INTRODUCTION
This OLG.ca Player Agreement – Terms and Conditions of Use for OLG.ca contains the terms and conditions that govern the use of OLG's OLG.ca online gaming platform. By checking the “accept“ box, an Intending Player, Prospective Player, or a Player is confirming that they understand and agree to be bound by the terms and conditions of this Agreement. If a Prospective Player, Intending Player, or a Player does not agree with any of the terms and conditions of this Agreement, the individual (i) is not permitted to register an account with OLG.ca, and (ii) if the individual already has a Player Account (as defined in Section 2 below), they are not permitted to log into their Player Account and play any Games or purchase any products that are offered on or through OLG.ca.
OLG reserves the right to revise this Agreement from time to time in such manner as OLG, in its sole discretion, determines to be appropriate. OLG will post a notice on OLG.ca advising Players when this Agreement has been revised, and Prospective Players (prior to registering an account with OLG.ca), Intending Players (prior to completion of the registration for a Player Account) and Players (prior to logging into their Player Account) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date. Each Prospective Player, Intending Player, and Player is responsible for familiarizing themselves with all of the terms and conditions of this Agreement and ensuring that they understand and agree to be bound by them prior to registering an account with OLG.ca or logging-in to their Player Account.
In the case of a Prospective Player, Intending Player, or a Player breaching or otherwise failing to comply with the terms and conditions of this Agreement, OLG will have the right to exercise any or all of the remedies described in this Agreement or otherwise available to it at law or in equity. Those remedies may include, for example, (i) the right to terminate a Prospective Player's, Intending Player’s, or a Player's eligibility to register or maintain a Player Account, (ii) to lock, Suspend, and/or Deactivate a Player Account, and (iii) to retain any or all Unutilized Funds (as defined in Section 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 the Alcohol and Gaming Commission of Ontario and the successors thereof;
“AGCO Standards” means the Registrar’s Standards for Gaming and the Registrar’s Standards for Gaming: Lottery Sector, as prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
“AGCO iGaming Standards” means the Registrar’s Standards for Internet Gaming;
“Agreement” means this Player Agreement – Terms and Conditions of Use for OLG.ca, as amended or replaced from time to time by OLG;
“Bonus Funds” means a notional amount corresponding to Canadian dollars that is loaded into a Player Account by OLG. Bonus Funds, subject to the applicable Bonus Funds Terms, can be used by a Player to play Pay-to-Play Games or Draw-Based Lottery Games Played Online, or both, without charge to the Player;
“Bonus Funds Terms” has the meaning specified in Section 8.1. Subject to Section 3 of 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 in Section 11.1;
“Close” or “Closure” means the act of a Player closing their Player Account as described in Section 11.1;
“Deactivate” or “Deactivation” means that a Player Account has been set to a Deactivated Account as described in Section 12.2;
“Deactivated Account” has the meaning specified in Section 12.2;
“Direct Pay” means the online payment for the purchase of Draw-Based Lottery Games Played Online (subject to system availability), executed through the permitted payment card 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 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-Based Lottery Game Played Online” means any of the games made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal Code (Canada), (ii) requires the Player to select a set of numbers or other play elements (whether chosen by the Player and/or randomly 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 Section 15.1;
“Event” has the meaning specified in the applicable Pay-To-Play Game Rules;
“Excluded Individual” means an individual who is not permitted to register an account with OLG.ca or, if the individual already has a Player Account, to maintain that Player Account in an activated state, including:
- an individual who does not satisfy all of the eligibility criteria that are described in Section 4.1 of this Agreement;
- an individual who has been excluded from OLG.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 with OLG.ca; and
- an individual who is an employee of an “iGaming vendor” or “an iGaming entity” (as such terms are defined in the OLG Rules Respecting iGaming Lottery Games as amended or replaced from time to time).
“FINTRAC” means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof;
“Future Game Transaction” has the meaning specified in Section 5.3;
“Games” means, collectively, Draw-Based Lottery Games Played Online, Pay-to-Play Games and Play-for-Free Games;
“iGaming System” means the system that is used by OLG for the purpose of registering and administering Player Accounts, facilitating the 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;
“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 to a Draw-Based Lottery Game Played Online and which are designated by OLG as Lottery Game Rules. Subject to Section 3, the Lottery Game Rules are incorporated into and form part of this Agreement;
“Mobile Applications” means any application developed by or on behalf of OLG that Prospective Players and Players can install on their mobile device, such as mobile phone or tablet, and through which select Games 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 Corporation and 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.ca cookie and privacy policy, 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;
“Pay-to-Play Game” means any of the games or products made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal 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 does not include any Draw-Based Lottery Game Played Online or any Play-for-Free Game. Examples of Pay-to-Play Games include Sports Betting Games Played Online and casino style games such as roulette and slots;
“Pay-to-Play Game Rules” 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 Game and which are designated by OLG as Pay-to-Play Game Rules. Subject to Section 3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
“Player” means an individual (for certainty, other than an individual who is or becomes an Excluded Individual) who has successfully registered a Player Account that has not been Suspended, Deactivated, or Closed;
“Player Account” means a Player's account of notional funds corresponding to Canadian dollars that is maintained on the iGaming System, and also includes the Player's registration information, deposit and withdrawal transaction history, and game-play information that the Player can access through OLG.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 through OLG.ca from time to time that contain some the features of a “lottery scheme” for purposes of the Criminal Code (Canada) but do not afford a chance to win a Prize or require any payment to play;
“Player Support” means OLG.ca's customer 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 applicable Lottery Game Rules or Pay-to-Play Game Rules;
“Prospective Player” means any individual who visits OLG.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 Section 12.1;
“Suspend” or “Suspension” means that a Player Account has been set to a Suspended Account as described in Section 12.1;
“Time-based One-time Password” has the meaning specified in Section 4.4.
“Unutilized Funds” means any notional funds corresponding to Canadian dollars that are credited to a Player Account, including Prizes but excluding Bonus Funds, that have not been used by the Player; and
“Username and Password” 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.
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;
- the Responsible Gambling and My PlayBreak Policy;
- the Direct Pay Subscription Terms;
- the applicable Bonus Funds Terms;
- OLG Internet Gaming Privacy and Cookie Policy;
- any applicable website user agreement; and
- any applicable mobile application user agreement.
In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses i. to vi. above, except that this Agreement, any applicable website user agreement and any applicable mobile application user agreement shall rank below the applicable Lottery Game Rules and Pay-to-Play Game Rules for such purpose.
4 REGISTRATION OF A PLAYER ACCOUNT
4.1 ELIGIBILITY TO REGISTER A PLAYER ACCOUNT
Only Players are allowed to play Draw Based Lottery Games Played Online, Pay-to-Play Games through OLG.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 Account will 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-Play Games, Play-for-Free Games. All Players who are at least 18 years of age are eligible to play Draw-Based Lottery Games Played Online;
- the Intending Player must reside in Ontario;
- the Intending Player must be physically located in the Province of Ontario each time the Player plays any of the Games (including when signing up for Future Game Transactions);
- the Intending Player must not be an Excluded Individual;
- the Intending 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 than themselves, 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.
An Intending Player who does not satisfy all of the foregoing criteria is not eligible to register an account with OLG.ca or to become a Player. OLG, in its sole discretion, may require additional information or documentation from an Intending Player or Player prior 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 fraudulent or dishonest activity). 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 to third-party service providers for the purposes of authenticating some or all of the registration information that has been provided to OLG by an Intending Player and to otherwise confirm that 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 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 Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.
By providing any information or documentation to OLG, the Intending Player (or the Player, as the case may be) consents to the use and disclosure of such information by OLG for any and all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3. Please see the OLG Internet Gaming Privacy and Cookie Policy for additional information regarding the collection, use, disclosure and storage of personal information by OLG.
4.2 PLAYER ACCOUNT INFORMATION
Information that is submitted by an Intending Player who is registering an account with OLG.ca must be true, accurate and complete at the time it is provided to OLG and such information must remain true, accurate and complete following 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 Agreement and, if necessary, to update the Player's information in the Player Account by going to the “My Account” or “Account Information” page.
OLG may, from time to time, disclose a Player's registration information to third-party service providers for the purposes of confirming that the Player's registration information remains true and accurate. In addition, OLG may, at any time in its sole discretion, request additional information and documentation from a Player for this purpose.
You consent that OLG, and its third-party service providers, can collect personal information as defined in the OLG Privacy and Cookie Policy. You consent that this information can be used, stored, retained, and disclosed outside of the Province of Ontario and Canada. This consent enables the following services to be provided: (i) verification of identity; (ii) payment processing; (iii) location verification; (iv) analytics; (v) customer relationship management and player support; (vi) email services; and (vii) technical support.
The failure of a Player to update their Player 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 information associated with a Player Account which is then on file in the iGaming System is not true or is no longer accurate or complete (including, for example, because a Player's circumstances have changed 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 Account that OLG determines, in its sole discretion, to be appropriate. For example, these steps may include Suspending, or Deactivating 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 authorities and 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 receive or withdraw Unutilized Funds. Without limiting the generality of the foregoing, a Player will be required to provide to OLG such information and documentation as OLG may determine that it requires in order to comply with its FINTRAC reporting obligations. All such information that is provided to OLG will be stored in the iGaming System on servers located in the Province of Ontario. 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 PASSWORD SECURITY
When registering for a Player Account, an Intending Player will be required to create a Username and Password. Following the registration of a Player Account, the Player is solely responsible for maintaining the security and secrecy of the Player's Username and Password, including related security or verification questions and answers. A Player is not permitted to disclose the Username and Password to any other individual (including, without limitation, other Players, Prospective Players, family members, or minors), and only the Player is permitted to use the Username and Password to log into the relevant Player Account. Without limiting the generality of the foregoing, a Player is not permitted to use their Username and Password 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 information and Player Contact Information, deposits, withdrawals, Game play and lottery ticket purchases) made through a Player Account following the correct entry of a valid Username and Password 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 discloses their Username and Password to anyone else, or if the Player suspects that someone else might have discovered the Player's Username and Password (whether or not such other person has used or attempted to use the Player's Username and Password), the Player must immediately change their password on OLG.ca and notify Player Support regarding the compromise or possible compromise of the original Username and Password.
A Player can change their password at any time by going to the “My Account” or “Account Information” page.
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 Username and Password. “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 Username and Password, 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 through the OLG.ca website by going to the “My Account” or “Account Information” page including, for example, to see the following information:
- the Player's registration information, including Player Contact Information;
- the Player's Username and Password, as well as related security questions and answers;
- the current notional balance of the Player Account;
- the financial transaction history associated with the Player Account; and
- the game-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 contact Player 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 use OLG.ca or any component thereof (including a Player Account) or any content included on OLG.ca for any business, commercial or public purpose 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 Account that OLG determines, 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 or transferred to or shared with any 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 PLAYING BY WAY OF SUBSCRIPTION FOR FUTURE DRAWS
5.1 PAYMENT OPTIONS FOR SUBSCRIPTIONS
Players may play certain Draw-Based Lottery Games Played Online by way of subscription provided a player has Unutilized 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 Section 5 and the OLG Rules Respecting iGaming Lottery Games.
5.2 SUBSCRIPTION OPTIONS:
- OLG offers two types of subscription options, as follows: the “consecutive draw” option, which provides a Player the option to automatically purchase a ticket for a designated number of consecutive draws in a Draw-Based Lottery Game Played Online in accordance with the OLG Rules Respecting iGaming Lottery Games. The number 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 accordance with the OLG Rules 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”.
A Player who engages in, or attempts to engage in, Future Game Transactions is solely responsible for continually ensuring that:
- their Player Account contains sufficient Unutilized 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”), for such 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 that they have a valid 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 information displayed within their Player Account (including, without limitation all purchase confirmations);
all before such draw is held.
OLG does not undertake any obligation or responsibility for notifying a Player:
- if they do not have a “valid ticket” (as such term is defined in the OLG Rules Respecting iGaming Lottery Games) for any particular draw or draws; or
- if they do or may have insufficient Unutilized 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 ACCOUNT AND DIRECT PAY
6.1 FUNDING A PLAYER ACCOUNT AND DIRECT PAY
In order to play Games (other than Play-for-Free Games) on OLG.ca, a Player is required to have a positive notional balance of funds in 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 purchase is to be made in respect of a Game, a Player Account 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 the Player’s entry into the Game will be rejected. 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 a Game (including any Future Game Transaction). OLG does not undertake any obligation or responsibility for notifying a Player if they do or may have insufficient funds available or if their permitted Direct Pay payment card is or is not funded, to play a particular Game (including any Future Game Transaction) prior to rejecting the relevant transaction (provided that the foregoing will not restrict OLG’s ability to so notify a Player).
In addition, subject to certain exceptions, any monetary Prizes from Games that are played through OLG.ca, including those Draw-Based Lottery Games Played Online funded through Direct Pay, will be loaded to the Player Account by means of a credit to the notional balance of such Player Account. The withdrawal of funds representing such Prizes 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 Players by OLG from time to time.
6.2 MEANS OF DEPOSITING FUNDS AND USING DIRECT PAY
A Player may: (i) fund their Player Account by depositing funds (in Canadian dollars only) with OLG; or (ii) complete a purchase for Draw-Based Lottery Games Played Online using Direct Pay, by means of:
- a Visa or MasterCard credit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa or MasterCard credit card for such purpose. 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 credit card are the Player’s sole responsibility;
- a Visa Debit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa Debit card for such purpose; or
- a Debit Mastercard issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Debit Mastercard for such purpose.
A Player should familiarize themselves with the terms and conditions that govern the use of their chosen funding method prior to using it to fund a Player Account or for Direct Pay. OLG or its payment processing service providers may store Visa or Mastercard credit card, Visa Debit card or Debit MasterCard (as applicable) 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 a payment method listed in 6.2(a) –6.2(c) 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.
No other means of funding the notional balance of a Player Account are permitted as of the date of this Agreement.
The merchant associated with any deposit transaction will be “Ontario Lottery and Gaming Corporation”.
Each time a Player uses a credit card, Visa Debit card or Debit Mastercard 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 or the funds in the relevant bank account for such purposes, including in circumstances in which the credit card or bank account is jointly held with one or more other persons or is held by a person other than the Player.
OLG 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) may restrict a Player's ability to fund the notional balance of a Player Account or engage in Direct Pay, including but not limited to by
- establishing minimum and maximum amounts of funds that may be deposited by a Player with OLG for the purpose of funding the notional balance of a 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 amount for 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, a particular credit 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 change certain credit card information or otherwise impose conditions prior to changing credit card information (for example, requiring that the Player contact Player Support);
- 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 Gambling and My PlayBreak Policy
6.4 CHARGEBACKS
A “Chargeback” occurs for the purposes of this Agreement when a credit or debit cardholder contacts the bank or other financial institution that issued the card to initiate a refund for a payment transaction that was made using the card or the account associated with the card, and the bank or financial institution requests that OLG return the relevant funds.
If a Player funds the notional balance of their Player Account or completes a purchase using Direct Pay and thereafter a Chargeback occurs in respect of all or part of the transaction, OLG (or any of its third-party service providers) may take any or all of the following actions, in each case as OLG, in its sole discretion, determines to be appropriate:
- Suspend the Player Account pending resolution of any dispute relating to the Chargeback in accordance with Section 12.1;
- request that the Player contact Player Support to explain the circumstances of the Chargeback;
- debit the Unutilized Funds in the Player Account with the amount of the Chargeback. If that debit results in a negative balance of Unutilized Funds in the Player Account, the amount of the negative balance will constitute a debt owed by the Player to OLG, and OLG reserves the right to recover such amount from the Player;
- Deactivate the Player Account and exclude the Player from playing Games on OLG.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 WITHDRAWING UNUTILIZED FUNDS
Subject to certain exceptions, withdrawals of Unutilized Funds from a Player Account will be processed by means of an electronic bank transfer (in Canadian dollars only) to a bank account that is registered by the Player and which OLG has verified and approved, to its satisfaction, is held by the Player at a bank or other financial institution acceptable to OLG in Canada. 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:
- OLG will require the Player to submit documentation (by electronic upload via OLG.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, civic address and the bank account number, all of which must match the information associated with the Player Account that 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
- if the Player registers a bank account that is held jointly with one or more other persons, withdrawals of Unutilized Funds from their Player Account will be paid into such joint account and, therefore, may be accessed by 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 withdraw Unutilized Funds to a credit card even if the Player used a credit card to deposit funds with OLG for purposes of funding the notional balance of their Player Account. OLG, in its sole discretion, may from time to time return Unutilized Funds to a Player by other appropriate means.
7.2 WITHDRAWAL LIMITS AND 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 balance of Unutilized Funds.
A Player will not be entitled to withdraw Unutilized Funds from a Player Account through OLG.ca at any time that a Player Account is Suspended unless OLG, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted. If a Player Account is Suspended and the Player wants to make a withdrawal of Unutilized Funds, the Player must contact Player Support.
OLG may from time to time specify minimum and maximum withdrawal amounts applicable to Player Accounts. As of the date of this Agreement, the minimum amount of a single withdrawal of Unutilized Funds by a Player is $2, and there is no maximum amount of a single withdrawal of Unutilized Funds by a Player. If a Player wishes to withdraw less than the specified minimum amount, the Player must contact Player Support.
OLG may from time to time limit the number of withdrawals of Unutilized Funds by a Player that 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 withdrawal of Unutilized Funds per day.
7.3 WITHDRAWAL CANCELLATIONS
OLG may, in its discretion, refuse a withdrawal request if OLG suspects such withdrawal is made in breach of this Agreement (whether or not such violation is a Material Breach). OLG will make reasonable efforts to promptly notify the Player of such refusal via the Player Contact Information associated with the Player Account.
A Player may cancel their withdrawal request through their Player Account. Provided such cancellation has not been processed by OLG, the relevant funds will be returned to the Unutilized Funds in the Player Account.
7.4 WITHDRAWAL PROCESSING TIMES
Following a Player's request to withdraw Unutilized 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 circumstances OLG will be able to process the withdrawal within three Business 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 BONUS FUNDS TERMS
8.1 BONUS FUNDS
From time to time, OLG may, in its sole discretion, whether for promotional purposes or otherwise, offer to upload Bonus Funds into a Player Account, subject to the Player (in their discretion) accepting the offer of the Bonus Funds. Bonus Funds have a notional monetary value only, so they are not Unutilized Funds at the time they are awarded. A Player is not entitled to receive Bonus Funds unless OLG, in its sole discretion, determines that 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 be specified in the terms and conditions that OLG determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with the applicable 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, the Bonus Funds Terms shall govern to the extent of the inconsistency.
The awarding and availability of Bonus Funds are in OLG's sole discretion. The use of Bonus Funds may be limited to specific Games and specific periods of time, and Bonus Funds may expire 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 may cancel Bonus Funds that have been uploaded into a Player Account at any time in its sole discretion.
8.2 USING BONUS FUNDS
If a Player who wants to play Games (other than Play-for-Free Games, Sports Betting Games Played Online and 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), the Unutilized Funds will be used first to play the eligible Games until all of the Unutilized Funds have been utilized, following which time the Bonus Funds 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 Funds will be used in accordance with the applicable Bonus Fund Terms. Pursuant to such terms, a Player may be required and/or permitted to use Bonus Funds for the purchase of Draw-Based Lottery Games Played Online and Sports Betting Games Played Online, as applicable, prior to Unutilized Funds being utilized.
The Bonus Funds Terms may contemplate that certain Bonus Funds will become Unutilized Funds only after 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 Player must not accept the relevant Bonus Funds or 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 date and paid date on OLG’s web site (OLG.ca).
10 DORMANT ACCOUNTS
10.1 how 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.
10.2 effects 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.
10.3 REACTIVATION 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.
11 PLAYER’S CLOSURE OF ACCOUNTS
11.1 CLOSURE OF A PLAYER ACCOUNT BY THE PLAYER
A Player may close their Player Account at any time by contacting Player Support (“Closed Account”). If a Player is no longer eligible to have a Player Account (for example, if the Player will be relocating to a jurisdiction outside of the Province of Ontario, or if the Player becomes an Excluded Individual), the Player is required to Close their Player Account.
Upon Closure of a Player Account, the Player Account will no longer be accessible by the Player until 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 Future Game Transactions associated with the Closed Player Account that have not been completed by the time of Closure will be cancelled.
Notwithstanding the Closure of the account, OLG will retain a Player’s information in accordance with its record retention policies. For more information on how OLG retains a Player’s personal information, see the OLG Internet Gaming Privacy and Cookie Policy
Subject to the minimum withdrawal requirements in Section 7.2 and documentation requirements in Section 4.3, if a Player Closes their Player Account and Unutilized Funds remain in the Player Account at that time, OLG will return the Unutilized Funds to the Player's bank account that 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 confirm that the bank account belongs to the Player), OLG will use reasonable efforts to contact the Player using the Player Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds.
12 DEACTIVATION OR SUSPENSION OF A PLAYER ACCOUNT IN OLG'S DISCRETION
12.1 SUSPENSION OF A PLAYER ACCOUNT
OLG shall have the right to suspend a Player Account at any time in its sole discretion (a “Suspended Account”). Without limiting the foregoing, and by way of example only, OLG may Suspend 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 is Suspended:
- a Player will be unable to login or 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 the Suspended 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 is Suspended will be completed); and
- a Player may be required to cooperate with any investigations conducted by OLG into the Player’s conduct prior to the Suspension being lifted (including provisions of additional documentation or information as requested by OLG). Failure to cooperate with this subsection 12.1(d) shall be deemed a Material Breach of this Agreement.
If, during the Suspension, OLG determines that the Player has committed a Material Breach of this Agreement, it may Deactivate the Player Account in accordance with Section 12.2.
12.2 DEACTIVATION OF PLAYER ACCOUNTS
OLG shall have the right to deactivate a Player Account at any time in its sole discretion (a “Deactivated Account”).
If OLG Deactivates 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 to the minimum withdrawal requirements detailed in Section 7.2 and additional documentation requirements in Section 4.3), 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 confirm that the bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using the Player Contact Information. If OLG is unable to contact the Player, then OLG will retain the Unutilized Funds until OLG receives proper instructions relating to the disposition of such funds from the Player or their legal representative.
Notwithstanding the foregoing, if OLG Deactivates a Player Account as a result of the occurrence of a Material Breach by the Player under this Agreement, OLG (in its sole discretion) shall be entitled to treat any or all of the Unutilized Funds as forfeited by the Player, in which case the Player will not be entitled to have the Unutilized Funds returned.
13 EFFECT OF DEACTIVATION OR CLOSURE OF A PLAYER ACCOUNT
Without limiting the foregoing, when a Player Account is a Closed Account or a Deactivated Account:
- Any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to the Closure or Deactivation will 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 USING OLG.CA
14.1 SUPPLY AND MAINTENANCE OF PLAYER EQUIPMENT AND SERVICES
Prospective Players, Intending Players, and Players are solely responsible for supplying and maintaining all equipment, technology and services that they require to access and use OLG.ca. The performance or operation of OLG.ca or any website or Mobile Applications that OLG may make available to Players from time to time may be affected by a Player's computer equipment, mobile device, Internet connection or other factors that are outside of OLG's control. In some cases, a Prospective Player, Intending Player, or a Player may not be able to access or use some or all of the components or functionality of OLG.ca as a result of deficiencies in their own equipment or technology or the service providers retained by them. For example, a slow Internet connection could adversely impact the performance or operation of OLG.ca, or an outdated web browser or the settings on a Player's computer could cause some or all of the content of OLG.ca to display incorrectly or to fail to display.
OLG makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of OLG.ca or any component thereof on any Intending Player, Prospective Player or Player's computer or other devices used to access OLG.ca.
Players may require additional third-party services to access OLG.ca (e.g., internet service provider agreement; mobile carrier agreement; email account; text messaging service (SMS)) or to access their Player Account using Multi-Factor Authentication. The Player is solely accountable for any agreements and charges related to these third-party services. A Player should familiarize themselves with the terms and conditions that govern any such services prior to using them to access OLG.ca.
14.2 THIRD-PARTY CONTENT; JOINT GAMES
In order to access or use certain components of OLG.ca, it may be necessary for a Prospective Player or a Player to download software (for example, certain casino games may require a flash player or 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 or the Player 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 whether they accept and agree to any such third-party terms and conditions, and if the Prospective Player or the Player does not accept and agree to them, such third-party product should not be used.
OLG shall not be liable for any direct or indirect damage to, or loss of data from, a Prospective Player's or a Player's equipment that may arise from or as a result of the access or use of OLG.ca or any content, software or applications made available by or on behalf of OLG through OLG.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 of OLG.ca and the iGaming System, including the content of the foregoing, the Games and any written communications that are sent to Prospective Players or Players by or 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 IP Rights 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 of OLG.ca other than in accordance with the terms and conditions of this Agreement is strictly prohibited.
A Prospective Player or a Player 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 to OLG.ca, the iGaming System, any Game or any component of any of the foregoing;
- access or attempt to gain access to OLG.ca, the iGaming System, any Game or any component of any of the foregoing that they are not entitled to access, including the servers on which OLG.ca, the iGaming System or any Game is stored or any server, computer or database connected to OLG.ca, the iGaming System or any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included in OLG.ca, the iGaming System or 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 a Game;
- 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 modify or make any attempt to discover the source code of any software (or any part thereof) that is downloaded through or in connection with the access or use of OLG.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 alter any 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 through OLG.ca.
A failure to comply with this Section 14.4 will constitute a material breach of this Agreement by the Prospective Player or the Player. In the event that any action that is prohibited by this Section 14.4 occurs, 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 15.1 shall 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 of OLG.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, as examples only:
- 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 the 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); and
- an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of OLG.ca (including any Game) or the exploitation of any Error; and
- in the case of Sports Betting Games Played Online, collusion includes any of the following:
- 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;
- 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;
- 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
- compiling betting odds for any Event in which one is involved.
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 will use reasonable efforts to detect and prevent any such collusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantage by 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 parties which OLG, 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 OF OLG.CA
15.1 OLG'S ERRORS
A number of circumstances may arise where a Game-related bet, wager or purchase is accepted by OLG, or where OLG awards a Prize, credits a Player Account or processes a withdrawal, in each case in error (an “Error”). As examples only, Errors may include:
- where OLG misstates any Lottery Game Rules, Pay-to-Play Game Rules or 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 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:
- 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;
- 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;
- Where OLG settles a wager with an incorrect result or payout; or
- If OLG, in its sole discretion, believes that the integrity of the event may have been called into question: or
- 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 Section 16.3.
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 notify a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player.
In the event that OLG credits a Player Account, or pays any money to a Player (for example, by processing a withdrawal), as a result of or in relation to an 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, and OLG shall 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, through a demand for payment to that person, which demand the person shall immediately satisfy, to the extent of any deficiency, in accordance with OLG's reasonable instructions. Further , any subsequent Game-related bet, wager or purchase may be deemed by OLG to have been made using the 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 OF OLG.CA
OLG intends to make OLG.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 of OLG.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 of OLG.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 Downtime by posting notices at OLG.ca or through other appropriate means as determined by OLG in 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 through OLG.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 deemed by OLG to 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:
- Suspend the Player Account until such time as the breach is remedied to OLG's satisfaction;
- request that the Player contact Player Support to 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 on OLG.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 actual and/or potential losses and liabilities resulting from such breach.
16.3 DISPUTES
Except as otherwise provided in the Lottery Game Rules or the Pay-to-Play Game Rules, no claim or dispute by a Player with regard to any bet, wager or purchase of a Game, including the outcome of such Game, will be considered by OLG (i) in the case of a Draw-Based Lottery Game Played Online, more than 12 months following the date on which the Game is completed, and (ii) in the case of a Pay-to-Play Game, more than 30 days following the date on which the Game is completed.
OLG's records, as maintained in the iGaming 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 of OLG.ca may do so by contacting Player Support or otherwise contacting OLG in accordance with Section 18.1. A Prospective Player or a Player may also contact the 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 applicable Lottery Game Rules or Pay-to-Play Game Rules, OLG's (including, but not limited to the extent applicable, OLG's, OLG’s service providers, subcontractors, employees, agents, and assigns) maximum liability, subject always to Section 17.2, to a Prospective Player or a Player under this Agreement or otherwise in respect of the accessing or use of OLG.ca shall not exceed the lowest of:
- the dollar amount value of the bets, wagers, purchases or tips actually made by a Player via their Player Account in respect of the relevant bet, wager, purchase, tip or Game that gave rise to the relevant alleged liability;
- the amount of applicable monies, where such monies have been improperly directed by OLG or misplaced by OLG; or
- an aggregate of $1,000 in 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, OLG shall not be liable for any loss or damage suffered by any person as a result of:
- the operation of OLG.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 of OLG.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 OLG or any of OLG’s service providers to: (i) process or record a purchase; (ii) process, receive or record a payment for a ticket; (iii) display an accurate purchase 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 with OLG.ca or this Agreement or for breach of this Agreement by OLG, in tort, in contract or 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.ca will be operated with reasonable skill and care substantially as described in this Agreement.
OLG does not make any other promise, representation or warranty regarding OLG.ca or any of the Games or other products or services that are made available on or through OLG.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 those of OLG which are included in (or expressly incorporated by reference into) this Agreement.
18 CONTACTS
18.1 CONTACTING OLG
A Prospective Player or a Player may contact OLG's Player Support at any time as follows:
- by using real-time chat, available through OLG.ca;
- by e-mail, at playersupport@OLG.ca. OLG will 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 of OLG.ca as follows:
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4
Tel: 1 (416) 326 8700 or 1 (800) 522 2876 (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 the OLG 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 genders unless 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.
19.3 EACH 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: January 6th, 2023
- EN ENGLISH (Current Language)
- FR FRANÇAIS
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