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.
The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
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.
Only Players are allowed to play Draw Based Lottery Games Played Online and 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:
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.
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/Player information. 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 (e.g., web site usage); (v) customer relationship management and player support; (vi) email services; and (vii) technical support of OLG.ca.
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).
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.
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 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:
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 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 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.
all before such draw is held.
OLG does not undertake any obligation or responsibility for notifying a Player:
provided that the foregoing will not restrict OLG's ability to so notify a Player.
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. OLG will not extend credit to Players. If a Player Account does not have sufficient funds for a Game at the time that the bet, wager, or purchase is to be made, 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 for a Game (including any Future Game Transaction), and OLG does not undertake any obligation or responsibility for notifying a Player if they do or may have insufficient funds available 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).
In addition, subject to certain exceptions, any monetary Prizes from Games that are played through OLG.ca 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.
A Player may fund their Player Account by depositing funds (in Canadian dollars only) with OLG by means of:
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. OLG or its payment processing service providers may store Visa or Mastercard credit card, Visa Debit card, Debit MasterCard, or Interac Online (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(d) to fund a Player Account, 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, Debit Mastercard or Interac Online to make a deposit with OLG for purposes of funding the notional balance of a Player Account, 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.
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. For example, OLG may:
Prior to a Player depositing any money with OLG for the purpose of crediting their Player Account, subject to the deposit limits set by OLG, the Player will be required to set a maximum weekly deposit limit for their Player Account. A Player who subsequently desires to change their personal weekly deposit limit may do so subject to the following:
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 and thereafter a Chargeback occurs in respect of all or part of the deposit 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:
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:
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.
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.
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.
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.
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.
If a Player who wants to play Games (other than Play-for-Free Games or 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.
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.
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).
A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is for a Self-Excluded Individual. 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, a Play-for-Free Game is not considered a Player-Initiated Transaction If the Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-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.
A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.
An Inactive Account will be subject to the following monthly service fees (“Inactive Account Fees”), the amount of which OLG will be entitled to withdraw from the Unutilized Funds associated with the Player Account at the end of each month (or at any time thereafter) without the requirement for any advance or further notice to the Player:
The maximum amount of Inactive Account Fees that OLG will be entitled to receive from a Player under this Agreement is equal to the lesser of (i) $234 and (ii) the amount of the Unutilized Funds associated with the Inactive Account.
An Inactive Account will become a Dormant Account if the Player does not successfully complete a Player-Initiated Transaction within the 24-month period immediately following the date on which the Player Account becomes an Inactive Account (i.e., the Player has not successfully completed a Player-Initiated Transaction for 36 consecutive months). When a Player Account becomes a Dormant Account, the Player Account will be initially Suspended by OLG and subsequently Deactivated. Once the Player Account is a Dormant Account the Player will not be able to log into or use the Player Account. Subject to the minimum withdrawal requirements in Section 7.2 and documentation requirements in Section 4.3, 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, 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 to advise as to the status of the Player Account and the balance of Unutilized Funds. If OLG is unable to contact the Player, the Player Account will be Deactivated. If OLG is unable to contact the player within 24-months of the Player Account becoming a Dormant Account, Unutilized Funds may be forfeited to OLG.
OLG will retain information relating to a Dormant Account in the iGaming System in accordance with its record retention policies. If a Player Account has become a Dormant Account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account. If a Dormant Account is reactivated, it will have the same account details as those which existed as of the date the Player Account became a Dormant Account. In the event that any of the relevant information has changed (for example, the Player Contact Information), the Player will be solely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect.
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.
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:
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.
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.
Without limiting the foregoing, when a Player Account is a Closed Account or a Deactivated Account:
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)). 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.
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.)
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.
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.
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:
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.
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:
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).
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:
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 pays any money (i.e., by processing a withdrawal) to a Player as a result of or in relation to an Error, the Player shall be deemed to hold such money in trust for OLG, and OLG shall have the right to recover such money 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.
If an Error results in a credit to a Player Account (the amount of such credit being “Error Funds”), 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.
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:
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.
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.
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:
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.
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:
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:
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:
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.
A Prospective Player or a Player may contact OLG's Player Support at any time as follows:
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)
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.
EFFECTIVE DATE: October 27th, 2021
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