OLG PROLINE Application End User Licence Agreement

Ontario Lottery and Gaming Corporation

PLEASE CAREFULLY READ THE FOLLOWING OLG PROLINE APPLICATION END USER LICENCE AGREEMENT (THE “AGREEMENT”). IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS APPLICABLE LIMITATIONS AND EXCLUSIONS, GOVERNING YOUR USE OF THE OLG PROLINE APPLICATION (THE “APPLICATION”). BY DOWNLOADING AND USING THE APPLICATION OR CONTINUING TO USE THE APPLICATION, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND THIS DOCUMENT WILL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE ONTARIO LOTTERY AND GAMING CORPORATION (“OLG”).

THE TERMS OF THE AGREEMENT SUPPLEMENT THE TERMS OF THE PLAYER AGREEMENT – TERMS AND CONDITIONS OF USE FOR OLG.CA (THE “OLG TERMS”). YOU AGREE TO THE OLG TERMS, AS UPDATED, TO USE THIS APPLICATION. THE OLG TERMS CAN BE FOUND HERE. THE OLG TERMS APPLY TO A PLAYER OR PROSPECTIVE PLAYER’S USE OF OLG.ca, THE OLG INTERNET GAMING SYSTEM, AND THE APPLICATION. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TERMS OF THE AGREEMENT AND THE OLG TERMS, THE OLG TERMS SHALL GOVERN TO THE EXTENT OF SUCH CONFLICT OR INCONSISTENCY. ALL CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE SAME MEANING ASCRIBED TO THEM AS IN THE OLG TERMS.

FOR PURPOSES OF THE AGREEMENT, "YOU" REFERS TO THE PERSON ACCEPTING THIS AGREEMENT AND USING THE APPLICATION AS A PARTY TO THIS AGREEMENT, AND “YOUR” HAS A CORRESPONDING MEANING.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE APPLICATION AND YOU MAY NOT USE THE APPLICATION.

WE RECOMMEND THAT YOU PRINT AND/OR SAVE A COPY OF THIS AGREEMENT FOR YOUR RECORDS. THE FULL TEXT OF THIS AGREEMENT IS AVAILABLE HERE.

GRANT OF LICENCE

1. 1. Subject to the provisions of this Agreement and Your compliance with the OLG Terms, OLG hereby grants You a limited, non-exclusive, revocable, personal, non-commercial, no-fee, non-assignable, non-sublicensable, non-transferable, non-assignable licence to use the Application only in Ontario for the purposes of:
   1. registering for Your own Player Account;
   2. accessing and betting on sporting and other events electronically as part of an OLG authorized lottery scheme (as defined in the Criminal Code (Canada)) (“Online Sports Betting”) through your Mobile Device;
   3. accessing and managing aspects of your Player Account on your Mobile Device, including viewing your transaction history, prize payments, payment methods, and player profile;
   4. Managing your play status and accessing responsible gambling functionality, including Self-Exclusions, Breaks and Sports Spend Limits;
   5. adding and withdrawing funds to/from your Player Account;
   6. accessing web-based functionality available through Your Player Account on OLG.ca;
   7. viewing Information related to OLG authorized lottery schemes (as defined in the Criminal Code (Canada)) in which bets may be placed on sporting and other events through an OLG authorized retailer (“Retail Sports Betting,” together with Online Sports Betting, “Sports Betting”) and Online Sports Betting;
   8. displaying payout odds in respect of Sports Betting, for informational purposes;
   9. filling out an in-Application bet selection slip to generate a barcode (the “Barcode”) that can be scanned only at an OLG authorized retailer (and not at OLG authorized casino gaming or charitable gaming site unless an OLG authorized lottery retailer is present at those sites) to obtain an official ticket, in respect of Retail Sports Betting;
   10. checking Your Retail Sports Betting ticket to determine whether Your Retail Sports Betting ticket may entitle You to a prize;
   11. checking the outcomes of sporting and other events in respect of Sports Betting, for informational purposes;
   12. providing OLG with feedback on the Application and associated products and services; and
   13. other functionality contemplated by the OLG Terms, as updated from time to time.

RESTRICTIONS AND LIMITATIONS OF USE

1. 2. You may only use the Application as set forth in Section 1 above. You agree that:
   1. You will only use the Application on a portable electronic device (excluding any personal computers) that You own or control which: (i) uses a mobile operating system; (ii) is primarily designed or adapted to be able to be used while in motion; and (iii) is capable of connecting to the Internet and supporting the Application (“Mobile Device”);
   2. You will only participate in Online Sports Betting in the province of Ontario, Canada;
   3. You will not authorize any other person to access Your Player Account through this Application;
   4. You must be 19 years of age or older to access Online Sports Betting through this Application;
   5. You must be 18 years of age or older to generate a Barcode through the Application that can be scanned at an OLG authorized retailer in order to obtain an official ticket, in respect of Retail Sports Lottery Games;
   6. You will ensure that any person that accesses the Application on Your Mobile Device meets the age requirements set out in this Section 2;
   7. You must have a valid Player Account in order to use certain features of this Application;
   8. You will log out of Your Player Account, if applicable, and delete the Application from Your Mobile Device(s) before You sell, dispose of, lend, or otherwise transfer Your Mobile Device(s);
   9. You will not and will ensure that any person that has access to any component of the Application or the Content does not copy, record, store, disclose, transfer, distribute, broadcast, stream, transmit, publish, modify, remove, adapt, vary, edit, manipulate, reproduce, exploit or otherwise make available, communicate or make commercial use of any Content or component of the Application, in any form or medium whatsoever;
   10. You will not distribute or make the Application available over a network where it could be used by multiple devices;
   11. You will not copy, enhance, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative (or substantially derivative) works of the Application or any part thereof;
   12. You will not lease, transfer, assign, lend, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application, or any part thereof, or any information contained therein, to any other party;
   13. You will not remove or otherwise use any copyright, trademark, logo, product or service name, or other proprietary notice from any portion of the Application;
   14. You will not link to, mirror, or frame any part of this Application;
   15. You will not attempt to gain unauthorized access to or impair any aspect of the Application or its related networks;
   16. You will not pledge, hypothecate, alienate, or otherwise encumber the Application to any other party;
   17. You shall not use any software that could in any way provide You with an unfair advantage over other users of the Application (including, by way of example, “bots”, artificial intelligence, machine learning software, opponent profiling software, automatic betting software, viruses, worms or malware);
   18. You shall not cheat, take advantage of, or exploit the Sports Betting products or Application in any manner;
   19. Malfunction of the Application or any Online Sports Betting product voids all pays and plays;
   20. An intentional violation of this Mobile Agreement may result in voiding Your winnings, at OLG’s sole discretion;
   21. You must have location services enabled in order to use certain features of the Application; and
   22. You will not install the Application on a Mobile Device that has been customized to allow the user root access or is “jail-broken” or otherwise has been configured to circumvent security controls of geo-location identification features.
2. 3. All rights and privileges not expressly granted by OLG to You related to the Application are hereby reserved by OLG and its suppliers, subcontractors, and service providers as applicable. Except for the limited licence to use granted herein, You are granted no other rights with respect to the Application and all other rights in the Application are reserved for OLG’s use or other disposition. There are no implied rights granted to You in this Mobile Agreement.

USE OF INFORMATION

1. 4. ANY INFORMATION FOUND ON OR DERIVED THROUGH USE OF THIS APPLICATION, INCLUDING, BUT NOT LIMITED TO, RESULTS, BARCODES AND THE TICKET CHECKER TOOL WITH ASSOCIATED MESSAGES, (THE “INFORMATION”) IS NOT OFFICIAL AND MAY CONTAIN INACCURACIES, TECHNICAL ERRORS, OR TYPOGRAPHICAL ERRORS. THE INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU SHOULD NOT RELY UPON IT FOR ANY REASON WHATSOEVER.
2. 5. Certain Information related to Sports Betting can only be verified by You at either an OLG authorized retailer using in-store ticket validation, at the OLG Prize Centre, through the OLG support centre, or an OLG authorized satellite Prize Centre. OLG makes no representation or warranty, either express or implied, as to the accuracy or completeness of the Information provided, and disclaims all responsibility thereto.
3. 6. WITHOUT LIMITING THE FOREGOING, UNLESS OTHEREWISE SPECIFIED BY OLG IN ITS SOLE DISCRETION, THE INFORMATION CANNOT BE RELIED UPON FOR PRIZE CLAIM PURPOSES. IN THE EVENT OF ANY DISCREPANCY BETWEEN THE INFORMATION AND OLG’S OFFICIAL INFORMATION (AS DETERMINED BY OLG IN OLG’S SOLE DISCRETION), OLG’S OFFICIAL INFORMATION SHALL GOVERN.

THIRD-PARTY ACCESS AND UNAUTHORIZED USE OF YOUR PLAYER ACCOUNT

1. 7. The licence to use the Application granted to You through this Mobile Agreement is for Your personal use only. You are fully responsible for any breach of this Mobile Agreement or the OLG Terms, as updated, by You or any other person using the Application.
2. 8. You are responsible for all activities that occur on Your Player Account (through the use of the Application or otherwise) including for payment of all charges generated through the use of the Application. OLG may change, restrict, or remove access to the Application and/or Your Player Account without prior notice. You agree to notify OLG of any unauthorized use of Your Player Account or any other breach of security by contacting the Player Support Centre at 1 (855) 978 7529.
3. 9. OLG maintains this Application only as a service to its legitimate users within Ontario. OLG does not sell or authorize the availability of Sports Betting outside Ontario. Nothing in this Application is intended to promote, advertise or publish lotteries, lottery games, casino games, or other lottery schemes (as defined in the Criminal Code (Canada)) outside of Ontario.
4. 10. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CHARGES INCURRED ON YOUR PLAYER ACCOUNT THROUGH THE APPLICATION (WHETHER ON YOUR MOBILE DEVICE OR OTHERWISE) REMAIN YOUR SOLE RESPONSIBILITY. IN NO EVENT WILL OLG BE RESPONSIBLE TO REIMBURSE YOU FOR CHARGES INCURRED OR FOR ANY LOSSES WHATSOEVER INCURRED DUE TO AUTHORIZED OR UNAUTHORIZED ACCESS TO YOUR PLAYER ACCOUNT THROUGH THE APPLICATION.

TERM AND TERMINATION

1. 11. The term of this Agreement will commence immediately upon You downloading or using the Application and shall continue in full force and effect in perpetuity or until such time as the Application is removed (by You or OLG) from Your Mobile Device, or OLG, in its sole discretion, terminates this Agreement, discontinues the Application or deactivates Your Player Account in accordance with the OLG Terms. Terms that, by their nature, are meant to survive the termination of this Agreement shall continue in full force and effect.
2. 12. Your access and use of the Application may be terminated or restricted by OLG without liability to OLG or notice to You at any time and for any reason. Furthermore, Your rights under the Agreement to use the Application may terminate automatically without notice from OLG if You fail to comply with any term(s) of this Agreement or the OLG Terms. Upon any such termination, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.

DATA AND NETWORK ACCESS AND DEVICE COMPATIBILITY

1. 13. You remain responsible for obtaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if You access or use the Application from a Mobile Device, and You shall be solely responsible for such rates and fees.
2. 14. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates thereto. OLG does not guarantee that the Application or any portion thereof will function on any particular Mobile Device, mobile operating system, or otherwise with Your chosen software or mobile operating system. The Application may be subject to malfunctions, delays, or errors due to, among other things, a Player’s Mobile Device or internet connection, and OLG is not responsible for any such malfunction, delay, or error or any loss, loss of chance, or any losses or damages whatsoever arising therefrom. Malfunction of any sort voids all pays and plays except at OLG’s discretion. For the avoidance of doubt, any errors arising from any of the aforementioned is subject to the provisions governing errors and unavailability as found in the OLG Terms.
3. 15. From time to time, OLG may provide updates, upgrades, patches, bug fixes, and other modifications to improve the Mobile Application and related services (each, a “Patch”). You acknowledge and agree that you may be required to consent to, download, and install such Patches to continue your use of the Mobile Application.

INTELLECTUAL PROPERTY RIGHTS

1. 16. OLG and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secrets and all other intellectual property rights) in and to the Application, including any associated data, text, information, content, written materials, documentation, audio, video, logos, domain names or other distinguishing features, graphics, advertisements, graphical user interface elements or designs, photography or other works, in any form or medium whatsoever, accessible by end users through the Application (“Content”). Other than the limited licence granted to You in this Agreement, You have no other rights in or to the Application. All rights not expressly granted to You are reserved to OLG and its licensors. The Application may contain, or may later contain, other proprietary notices and copyright information, the terms of which must be observed and followed.
2. 17. OLG is the owner or licensee of all the copyright, trademarks, and other intellectual property rights in, to and in respect of the Application, the Sports Betting products, and the internet gaming and mobile application and associated systems, including Content associated with the foregoing, the Sports Betting products and any written communications that are sent to Players by or on behalf of OLG. You shall not be deemed to be granted or to receive any rights in or to any OLG intellectual property rights except to the extent specifically contemplated in, and subject to the terms and conditions of, the Mobile Agreement and the OLG Terms.

SALE OF RETAIL SPORTS BETTINGTICKETS

1. 18. Retail Sports Betting is subject to the OLG Rules Respecting Lottery Games (the “OLG Rules”) and applicable game conditions, and all documents incorporated by reference thereto. Nothing in this Agreement is to be construed to limit the application of the OLG Rules and such game conditions.
2. 19. This Application is not a substitute for OLG authorized retailers. Tickets for Retail Sports Betting cannot be purchased through this Application. Nothing in this Application is intended to represent, constitute or warrant that You have purchased a Retail Sports Betting ticket. To that extent, the generation of a Barcode does not represent the purchase of a valid Retail Sports Betting ticket that will be recognized by OLG. YOUR TICKET, NOT THE SELECTION SLIP, BARCODE OR THE INFORMATION NOTED IN THE APPLICATION, IS YOUR ONLY VALID RECEIPT. IT REMAINS YOUR RESPONSIBILITY TO CHECK YOUR TICKET IMMEDIATELY TO ENSURE THAT THE INFORMATION NOTED THEREON IS CORRECT. THE COMPLETION OF A BET SELECTION SLIP OR THE CREATION OF A BARCODE ON THE APPLICATION DOES NOT, ON ITS OWN, ENTITLE YOU TO PLACE A WAGER AT AN AUTHORIZED OLG RETAILER, AND OLG RESERVES THE RIGHT TO CLOSE OR LIMIT WAGERING IN ACCORDANCE WITH THE OLG RULES AND APPLICABLE GAME CONDITIONS.
3. 20. OLG does not authorize the participation of individuals under 18 years of age in OLG authorized lotteries, including the sale, validation, checking, redemption, or cashing of lottery tickets.

PRIVACY

1. 21. Your use of the Application is subject to, and OLG’s collection and use of any personal information for the purposes of this Application is governed by, the OLG.ca Privacy and Cookie Policy, which contains information related to OLG’s collection and use of personal information. The full text of the OLG Privacy and Cookie Policy can be found here.
2. 22. This Application uses Google Analytics, and may use Google Firebase and/or Google Optimize, each of which are analytics services provided by Google, Inc. (“Google”).
   1. Google Analytics and Google Firebase uses files placed on Your Device to help the Application analyze how You use the Application. This information, including anonymous location information, will be used by OLG for the purpose of evaluating Your use of the Application, compiling reports on Application activity for Application publishers, and providing other services relating to Application activity. The information generated by Google Analytics regarding Your use of the Application may be transmitted to and stored by Google on servers in the United States.
   2. For more information on Google Analytics’ privacy policy, visit http://google.com/analytics/. For more information on how Google uses data when using the Application, see www.google.com/policies/privacy/partners/.
   3. If You wish to opt-out of the use of Google products through the Mobile Application, you must either (i) uninstall the Application and cease its use; or (ii) adjust Your Mobile Device settings (if available) to opt-out of the Google product.
3. 23. By using this Application, You expressly consent to the collection, processing and use of data about You by Google and OLG in the manner and for the purposes set out above. OLG may collect, use and store Your Mobile Device identification and internet protocol (IP) address in accordance with the Privacy and Cookie Policy. OLG may match IP addresses or Device identification to identifiable individuals, if OLG is required by law to do so, if OLG is investigating detected or suspected security breaches or other illegal behavior, and OLG needs to do so in order to carry out the investigation, or for any other purpose described in the Agreement, as applicable. In addition, Your Device identification is recorded and stored when You request to receive notifications.
4. 24. When You use the Application without logging into Your Player Account, OLG collects Your IP address, your physical location, the date and time of requests, HTTP data, and other technical and traffic information regarding Your use of the Application to help prevent inappropriate use of the Application and for fraud prevention and security monitoring purposes. OLG will not seek to match such information to identifiable individuals, unless OLG is required by law to do so or OLG is investigating detected or suspected security breaches, fraud, or other illegal behavior or unauthorized use, and OLG needs to do so in order to carry out the investigation.

PLAYSMART

1. 25. OLG is committed to supporting Players to make responsible and informed gambling choices and offers a variety of play management tools to help Players manage the money and time they spend gambling. You can find further information about the responsible gambling tools that are available on the Application in OLG’s Responsible Gambling and Self Exclusion Policy for Internet Gaming.

DISCLAIMER OF WARRANTY; INDEMNITY; AND LIMITATIONS OF LIABILITY

1. 26. DISCLAIMER: THE APPLICATION AND THE INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, ASSOCIATED WITH THIS APPLICATION OR THE INFORMATION PROVIDED BY OLG. OLG MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUED AVAILABILITLY OF THE APPLICATION, ACCURACY OF INFORMATION, TITLE OR NON-INFRINGEMENT, OR THAT THE APPLICATION OR THE INFORMATION IS OR WILL BE COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. YOU AGREE THAT YOU DOWNLOAD THE APPLICATION AT YOUR OWN RISK AND ASSUME THE RISK OF COMPUTER VIRUSES OR OTHER MALICIOUS PROGRAMS. NO VERBAL OR WRITTEN INFORMATION PROVIDED BY OLG OR ITS AUTHORIZED AGENTS WILL CREATE A WARRANTY OR IN ANY WAY INCREASE OLG’S LIABILITY, AND YOU WILL NOT RELY ON SUCH INFORMATION.
2. 27. In addition to any indemnity contained in the OLG Terms, You agree that You will indemnify and hold harmless OLG, its affiliates, the Alcohol and Gaming Commission of Ontario (“AGCO”), the Government of Ontario, and all of their respective officers, directors, employees, agents, content providers, representatives, successors and assigns from all fines, costs, actions, claims, losses, damages, demands, expenses, orders and judgments, including reasonable legal fees arising out of or relating to Your: (i) breach of any term of this Agreement or the OLG Terms; or (ii) use of the Application in a manner other than as permitted by this Agreement.
3. 28. In no event will OLG, its affiliates, the Government of Ontario, the AGCO, or any of their respective officers, directors, employees, agents, content providers, representatives, successors and assigns be liable for any direct, indirect, special, incidental, punitive, exemplary, consequential or other damages or for loss of use, profits, data or business arising in any way in connection with this Agreement, the Application, or the Information, whether based in tort (including negligence), contract (even if based upon a claim of fundamental breach or breach of a fundamental term), product liability, statute or under any other theory of law even if OLG, or an authorized representative or agent of OLG, has been advised of the possibility of such damages or losses.

THIRD PARTY SERVICES

1. 29. The Application may enable access, or provide links, to OLG’s and/or third parties’ websites and services. Use of these websites or services may require Internet access and that You accept additional terms of service. OLG does not endorse the information contained on any third-party web sites or make any representations, warranties, conditions or guarantees about any such third party websites or services. The content in any linked third-party website is not under OLG’s control, and if You choose to access any such web site, You do so entirely at Your own risk.

UNSOLICITED PROPOSALS AND CONFIDENTIAL INFORMATION

1. 30. OLG does not guarantee the confidentiality of any communications made by You through the Application.
2. 31. Unless OLG has first signed a written confidentiality agreement, You agree that any unsolicited proposals, information or material sent to OLG will be deemed not to be confidential and OLG will have all rights to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that OLG is free to use any ideas, concepts, know-how or techniques that You send to OLG for any purpose and without providing any compensation to You.
3. 32. Without limiting the generality of the foregoing, please note that OLG has an internal marketing department that is exclusively responsible for the development and marketing of its gaming products. Therefore, OLG will not discuss or entertain any discussion or unsolicited proposals concerning game development or marketing from third parties. Accordingly, You should not convey or attempt to convey any unsolicited proposals to OLG with any expectation of compensation or commitment. Because of the legal implications (to both OLG and potential suppliers), OLG cannot authorize, support, endorse or associate with any third-party venture, scheme, or promotion.

APPLE

1. 33. Sections 36 to 39 apply only to those users that use the Application on an ”Apple” Device.
2. 34. Subject to Section 39, You agree that this Agreement is between You and OLG only. Apple Inc. (“Apple”) is not responsible for the content of the Application. Apple is not responsible for providing any maintenance or support services with respect to the Application, and Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the Application. Notwithstanding the foregoing, in the event of any failure of the Application, You shall be entitled to notify Apple of such failure, and Apple may, at its discretion, refund You the purchase price of the Application (if applicable), and Apple shall have no other obligation with respect to the Application.
3. 35. Subject to Sections 28 to 30, OLG, not Apple, is responsible for addressing any claims related to the Application including, but not limited to, (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) any claims arising from consumer protection or similar legislation; and (iv) any third-party claim related to infringement of intellectual property rights.
4. 36. In addition to the other requirements of this Agreement, You represent and warrant to OLG and Apple that You are located in Ontario, Canada, and will not use the Application in a country that is subject to an embargo or has been designated as “terrorist supporting” by the government of the United States and that You are not listed on any list of prohibited or restricted parties of the government of the United States.
5. 37. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.

APPLICABLE LAW

1. 38. This Agreement and Your use of this Application will be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, expressly excluding any conflict of law rules which would lead to the application of the law of any other jurisdiction. You agree that any dispute must be resolved before the Courts of the province of Ontario, and You hereby irrevocably attorn to the exclusive jurisdiction of those Courts.

GENERAL

1. 39. OLG does not necessarily sponsor or endorse any sports league, member teams, team players, athletes or personalities, or other affiliates associated with Sports Betting. To that extent, Sports Betting is not necessarily sponsored or authorized by any sports league, member teams, team players, athletes or personalities, or other affiliates in any way.
2. 40. Applicable game conditions for Sports Betting products, official lists of results, odds and prize breakdowns, the OLG Rules and the OLG Terms (collectively, the foregoing is included as part of OLG’s “Official Information”), supersede any information on this Application to the extent of any inconsistency. The foregoing are available from OLG and in some cases through its authorized retailers and may be changed from time to time and without notice by OLG or its authorized agents as applicable.
3. 41. This Agreement, the Official Information and all other OLG policies, terms or conditions form the complete and entire agreement between You and OLG with respect to Your use of this Application and the Content and supersedes all prior agreements, whether written, oral or otherwise, between You and OLG with respect to Your use of the Application and the Content.
4. 42. OLG may, in its sole discretion, amend change, modify, suspend, or terminate this Agreement at any time, for any reason, and without any liability to OLG or notice to You or any other party. Amendments to this Agreement will be made effective upon OLG’s posting of the updated Agreement on the Application. Your continued access or use of the Application after such posting constitutes Your agreement to be bound by the updated terms of the Mobile Agreement. You may be required to explicitly agree to a new agreement prior to Your continued use of the Application. You are responsible for periodically viewing this Agreement to review the applicable terms and conditions.
5. 43. Any Information provided on this Application may be changed or updated by OLG at any time without notice to You. Such changes may include, in respect of Sports Betting for each of the following changes, changes to limitations of liability for specific Events and/or Markets, changes in odds for specific Markets, or the closing of wagering on certain sporting Events and/or Markets, as provided for in the OLG Rules or applicable game conditions. OLG may also make improvements or changes in the Sports Betting products described in this Application at any time without notice to You.
6. 44. This Agreement and the licence to use the Application granted hereunder will apply to any upgrades provided by OLG that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will be applicable.
7. 45. OLG may, in its sole discretion, change, modify, suspend, or terminate all or part of the Application at any time, for any reason, and without any liability to OLG or notice to You or any other party. In the event of any of the foregoing, You may, at OLG’s discretion, be required to agree to a new agreement prior to Your continued use of the Application.
8. 46. The article and paragraph headings used herein are for convenience only and are not a part of this Agreement and will not be used in construing it. All use of the terms “including” or “includes” throughout this Agreement means including (or includes) without limitation. Where the context permits, the singular includes the plural, and the masculine includes the feminine and vice versa.
9. 47. If any portion of this Agreement is held to be invalid under any applicable rule of law, then such provision will not apply to the extent of such invalidity and such invalidity will not affect other provisions hereof which can be given effect without the invalid provisions, and to this end, the affected provisions hereof are declared to be severable. The foregoing notwithstanding, such invalid provision will be construed and enforced (to the fullest extent permissible under applicable law) in accordance with the original intent as herein expressed.
10. 48. Failure by OLG to exercise promptly any right granted herein, or to require strict performance of any obligation imposed hereunder, will not be deemed a waiver of such right unless made in writing by OLG, and no waiver will be deemed a continuing waiver unless it is expressly stated to be a continuing waiver.
11. 49. OLG retains the right to assign, transfer or sublicense all or any part of this Agreement to any person or entity at any time without notice to You. You may not assign, transfer or sublicense this Agreement to any third party without the prior written consent of OLG.
12. 50. All provisions which, either expressly or by their nature, should survive the expiration or termination of this Agreement will so survive.
13. 51. No amendment, supplement, modification or waiver of this Agreement will be binding on OLG unless executed in writing by OLG to be bound thereby.
14. 52. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

ONTARIO LOTTERY AND GAMING CORPORATION

Effective Date: August 2, 2022

For More Information Contact Player Support at 1 855 978 7529