LOTTERY GIFT CARDS OFFICIAL TERMS AND CONDITIONS
Ontario Lottery and Gaming Corporation

1. 1.  These Lottery Gift Cards Official Terms and Conditions (the “Terms”) govern the use of all Ontario Lottery and Gaming Corporation (“OLG”) lottery gift cards issued by OLG (each, a “Gift Card” and collectively, the “Gift Cards”), as may be amended from time-to-time. Any person who accepts, possesses, purchases, redeems or otherwise uses a Gift Card (each, a “Gift Card User”) agrees to be bound by these Terms.

PURCHASING GIFT CARDS

1. 2.  Gift Cards may be purchased at any of OLG’s participating lottery retailers (each, a “Lottery Retailer” and collectively, the “Lottery Retailers”) in Ontario or online through an authorized third-party website or participating Lottery Retailer website where such option is available (“Online”) using a payment method acceptable to the seller at the time of purchase. For clarity, not all Lottery Retailers sell Gift Cards online. The Online component of OLG’s Gift Card program, including but not limited to, purchasing, loading, and the delivery of Gift Cards purchased Online, is hosted, managed and administered by an authorized third-party or participating Lottery Retailer, as applicable (“Online Seller”) and not by OLG directly. Purchases made Online may be subject to additional terms and conditions imposed by the Online Seller. The Gift Card User is solely responsible for reviewing and complying with any such third-party terms and conditions. OLG and the other Released Parties (as defined in Section 28 of these Terms), except for the applicable Online Seller, shall have no liability in connection with any obligations or disputes arising from such third-party terms. OLG may terminate or modify the relationship with an Online Seller without notice to you. 

TYPES OF GIFT CARDS

1. 3.  OLG may issue, at its discretion, from time-to-time, the following types of Gift Cards: 
   1. (a) A physical Gift Card purchased from a participating Lottery Retailer with a pre-set dollar value printed on the card (“Fixed Gift Card”). Fixed Gift Cards must be purchased for the exact value shown on the card. Fixed Gift Cards may be subsequently reloaded with a minimum of five dollars ($5 CAD) and a maximum of one hundred dollars ($100 CAD) per transaction at a participating Lottery Retailer. Each Fixed Gift Card may hold a maximum balance of one hundred dollars ($100 CAD) at any given time. Fixed Gift Cards cannot be reloaded Online. 
   2. (b) A physical Gift Card purchased from a participating Lottery Retailer that may be loaded by the customer at the time of purchase and subsequently reloaded by the customer at a participating Lottery Retailer, in accordance with the following terms and limits (“Variable Load Gift Card”):
      1. i. Variable Load Gift Cards are subject to one of the following load structures, depending on the card type:
      2. A. Gift Cards that display a specified load range on the face of the card must be initially loaded at the time of purchase with an amount that falls within that specified load range; or 
      3. B. Gift Cards that do not display either a specified load range or a pre-set dollar value on the face of the card must be initially loaded at the time of purchase with an amount between five dollars ($5 CAD) and a maximum of one hundred dollars ($100 CAD). 
      4. ii. Each Variable Load Gift Card may be subsequently reloaded with a minimum of five dollars ($5 CAD) and a maximum of one hundred dollars ($100 CAD) per transaction;
      5. iii. Each Variable Load Gift Card may hold a maximum balance of one hundred dollars ($100 CAD) at any given time; and 
      6. iv. Each Variable Load Gift Card may only be reloaded at a participating Lottery Retailer and cannot be reloaded Online. 
   1. (c) A physical Gift Card purchased from a participating Lottery Retailer at a fixed price, redeemable for the specific OLG lottery product(s) identified on the Gift Card (“Product-Specific Gift Card”). Product-Specific Gift Cards must be purchased for the exact value shown on the card and cannot be reloaded at a participating Lottery Retailer or Online.
   2. (d) A digital Gift Card purchased Online that may be loaded one-time by the customer at the time of purchase, subject to the following limits (“Digital Gift Card”). Digital Gift Cards:
   1. i. must be loaded with a minimum of five dollars ($5 CAD) and a maximum of one hundred dollars ($100 CAD) per transaction; 
   2. ii. may hold a maximum balance of one hundred dollars ($100 CAD) at any given time; and 
   3. iii. cannot be reloaded at a participating Lottery Retailer or Online. 
2. 4.  OLG reserves the right, in its sole discretion, to issue additional types or categories of Gift Cards beyond those described in Section 3 of these Terms. OLG may also, in its sole discretion, amend the applicable minimum and maximum load, reload or balance limits associated with any Gift Card type by amending these Terms in accordance with Section 32.

GIFT CARD ACTIVATION AND DELIVERY

1. 5.  Gift Cards available for purchase at participating Lottery Retailers have no value until they are purchased by the customer and then activated by a cashier. Once activated, the Gift Card may be used thereafter in accordance with these Terms.
2. 6.  Digital Gift Cards have no value until they are purchased by the customer and activated as follows. After purchase, a URL will be sent to the purchaser’s email address or the designated recipient’s email address (as applicable) by the Online Seller within forty-eight (48) hours of purchase. The Gift Card is activated when the recipient clicks the URL, at which point they will be provided access to the Digital Gift Card, which may be used thereafter in accordance with these Terms. 
3. 7.  OLG and the other Released Parties (as defined in Section 28 of these Terms) are not responsible for any delays in activation that are beyond their control, nor for any Gift Cards that are undeliverable or not received due to the provision of inaccurate or incomplete delivery information by the purchaser. 
4. 8.  The risk of loss and title for Gift Cards passes to the purchaser upon sale at a Lottery Retailer or, in the case of Digital Gift Cards, when the Online Seller sends the URL link for the Gift Card to the purchaser or designated recipient, as applicable.

Eligibility to Use a Gift Card

1. 9.  To be eligible to use a Gift Card at a participating Lottery Retailer, a customer must be eligible to participate in a lottery scheme pursuant to OLG’s Rules Respecting Lottery Games (the “Lottery Rules”), which are available on OLG.ca. For certainty, and without limiting the generality of the foregoing, the Lottery Rules include certain restrictions on Related Parties’ (as defined in the Lottery Rules) participation in lottery schemes, including prohibiting the following persons from participating in a lottery scheme: (i) persons under the age of 18 years; and (ii) officers, directors or employees of OLG or the Alcohol and Gaming Commission of Ontario (“AGCO”).

USE OF GIFT CARDS

1. 10.  Gift Cards may only be used for the purchase of OLG lottery products at participating Lottery Retailers in the province of Ontario. Without limiting the generality of the foregoing, Gift Cards cannot be used on OLG.ca (including the OLG app), PROLINE+ or at a self-serve lottery terminal. 
2. 11.  Product-Specific Gift Cards can only be used for the purchase of the OLG lottery product(s) identified on the face of the Gift Card and are not valid for any other OLG lottery products. Customers should refer to the information printed on the Gift Card for any further applicable restrictions or limitations.
3. 12.  For clarity, in the event of a conflict between the information printed on a Gift Card and these Terms, these Terms shall prevail, govern and control to the fullest extent permitted by applicable law.
4. 13.  To use a Gift Card, the Gift Card User must present one of the following to a participating Lottery Retailer: (i) a physical Gift Card, (ii) Digital Gift Card displayed on an electronic device, or (iii) a printed copy of an Digital Gift Card. OLG reserves the right to deny the use of a Gift Card that does not meet the above criteria including, but not limited to: (i) screenshots or screen captures of Gift Cards, (ii) photographs of Gift Cards or (iii) photocopies of Gift Cards.

Payment and Balance

1. 14.  All amounts on a Gift Card are held and denominated in the Canadian (CAD) currency. The balance on a Gift Card represents a pre-payment only. No deposit account, credit line or overdraft protection is associated with the Gift Card. No interest, dividends, or any other earnings on funds deposited onto the Gift Card will accrue or be paid or credited to the Gift Card User by OLG or a Lottery Retailer. The value associated with the Gift Card is not insured by the Canadian Deposit Insurance Corporation (CDIC). 
2. 15.  The value of qualifying purchases will be deducted from the Gift Card balance until such balance is reduced to $0.00. Gift Cards may only be used to make purchases up to the amount of the available balance. If the total purchase amount exceeds the available balance, the Gift Card User is responsible for paying the difference using an acceptable payment method.
3. 16.  Gift Card Users will not be provided or sent statements of itemized transactions from OLG or from a Lottery Retailer. Gift Card Users can check their Gift Card(s) balance at a participating Lottery Retailer or by using the online “Balance Checker” on OLG.ca or the OLG app. The Gift Card balance may also appear on the Gift Card User’s receipt from a point-of-sale register or from the lottery terminal. Gift Card Users cannot check their Gift Card balance on an Online Seller website. Gift Card Users will need to have their Gift Card(s) available in order to check their Gift Card(s) balance. When a Gift Card is used, the Gift Card User will be offered a receipt, but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Gift Card and will display the remaining balance. Gift Card Users are responsible for retaining their receipts and are required to produce them in the event of a dispute relating to a Gift Card balance. OLG makes no warranty regarding the accuracy of the balance on the receipts issued or shown on the “Balance Checker” on OLG.ca, the OLG app, a ticket checker, a point-of-sale-register or a lottery terminal. If there is a conflict between the balance information in the OLG System (as defined in Section 30 below), and the balance information displayed on the “Balance Checker” on OLG.ca or the OLG app, a ticket checker, a point-of-sale register, a lottery terminal, a receipt or any other program-related materials, the information in the OLG System (as defined in Section 30 below) shall govern. 

Refunds and Replacements

1. 17.  Gift Cards are non-refundable, non-returnable and non-cancellable, and cannot be exchanged for cash at any Lottery Retailer, or at any other OLG services and/or locations, except where required by applicable law or as otherwise provided in Sections 18 and 19 of these Terms. 
2. 18.  Notwithstanding Section 17, a Lottery Retailer may issue a refund for purchases made using a Gift Card in accordance with the Lottery Rules. If a refund is issued, the Lottery Retailer may choose to: (i) provide the customer with a new ticket of equivalent value to the refunded ticket, (ii) credit the refunded amount back to the original Gift Card, (iii) issue a new Gift Card loaded with the refunded amount, or (iv) provide a cash refund equal to the amount applied to the returned item(s). The method of refund shall be determined by the Lottery Retailer in its sole discretion. 
3. 19.  Notwithstanding Section 17, OLG may determine, in its sole discretion, that certain unredeemed Gift Cards are no longer valid and allow the Gift Card User to exchange the invalid Gift Card for cash or its equivalent cash value. The method and form of any exchange shall be determined by OLG in its sole discretion. 

ReSTRICTIONS ON USE

1. 20.  Resale or other distribution of a Gift Card or use for unauthorized advertising, marketing, sweepstakes, or other promotional purposes is strictly prohibited. Notwithstanding Sections 10 and 20 of these Terms, OLG may, in its sole discretion, permit such use or distribution whether by OLG itself or by a third party. 
2. 21.  OLG and the other Released Parties (as defined in Section 28 of these Terms) are not liable for Gift Cards purchased from unauthorized sellers or resellers. Gift Cards obtained or purchased from unauthorized sellers or resellers may be invalid or have a lower redeemable balance or value than the unauthorized seller or reseller represented. OLG is not obligated to honour invalid Gift Cards or balances or values that have been misrepresented or are incorrect. 
3. 22.  OLG reserves the right to refuse issuing, reissuing, or allowing the redemption of a Gift Card for any reason whatsoever, including, but not limited to suspicion of fraud, theft, or any attempt thereof, or any other illicit activity associated with the Gift Card(s).
4. 23.  If a customer self-excludes or is trespassed in respect of any casino in the province of Ontario, they may not be permitted to enter the grounds of such casino(s) to redeem the Gift Card balance.
5. 24.  OLG’s Gift Card program has no predetermined termination date and may continue until OLG decides to terminate the issuance of OLG Gift Cards. OLG may terminate the issuance of Gift Cards at any time, with or without notice to you.

FEES AND EXPIRATION

1. 25.  OLG does not charge any fees for the issuance, activation, or use of Gift Cards.
2. 26.  Gift Cards do not have an expiration date.

BILLING ERRORS, CORRECTIONS

1. 27.  OLG reserves the right to correct the balance of a Gift Card if OLG believes that a clerical, billing or accounting error occurred. OLG and the other Released Parties (as defined in Section 28 of these Terms) shall have no liability for any billing error unless the Gift Card User provides notice to OLG within thirty (30) days of the date of the transaction in question, in which case, the limitation of liability outlined in Sections 28-31 of these Terms will apply.

Release of Liability, Indemnity and Limitation of Liability

1. 28.  Any person who accepts, possesses, purchases, redeems or otherwise uses a Gift Card (the “Releasors”) hereby agree to release, indemnify and hold harmless forever OLG, the AGCO, OLG Lottery Retailers, Online Sellers and any entity involved in the development, production, administration, or fulfillment of the Gift Card program, and each of their respective parent companies, subsidiaries, affiliates, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, losses, damages, liabilities and costs and expenses (including reasonable legal fees) arising out of or in any way relating to the purchase, redemption, use or attempted use of a Gift Card, or the Releasor’s participation in this Gift Card program.
2. 29.  GIFT CARDS ARE NOT CREDIT CARDS OR DEBIT CARDS, AND THEY DO NOT OFFER ANY IMPLIED GUARANTEES. OTHER THAN AS PROVIDED IN THESE TERMS. OLG AND THE OTHER RELEASED PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OLG GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT AN OLG GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY IS GOVERNED BY SECTION 30 OF THESE TERMS. 
3. 30.  Notwithstanding Sections 28, 29 or 31 of these Terms, in the event OLG and/or the other Released Parties are found liable for any reason, the maximum amount recoverable by any party shall be limited to the actual and direct damages, not to exceed the monetary equivalent value of the last balance on the Gift Card. OLG shall rely solely on the information recorded in the system used by OLG for the purpose of administering the Gift Card program (“OLG System”) for determining the value of the last balance on the Gift Card. OLG and the other Released Parties shall have no liability for any incidental, indirect or consequential damages arising out of or in any way connected with the Gift Card, even if OLG or the other Released Parties have been advised of the possibility of such damages.
4. 31.  The Gift Card User is responsible for all transactions associated with their Gift Card, including unauthorized transactions. OLG and the other Released Parties are not responsible for Gift Cards that are lost, reproduced, stolen, damaged, destroyed, altered, used without the Gift Card User’s authorization, or in any other way rendered unusable. In such cases, OLG will not replace the Gift Card or reimburse any remaining balance, unless OLG agrees to do so in its sole and absolute discretion.

Gift Card Program Changes and Termination

1. 32.  OLG may amend these Terms, at any time and in any manner, in its sole and absolute discretion. OLG will post the amended Terms on OLG.ca. If a Gift Card User does not agree to the amended Terms, the Gift Card User may request a refund of the remaining balance on an issued Gift Card by providing written notice to OLG within thirty (30) days of the date the amended Terms are posted on OLG.ca. To the fullest extent permitted by applicable law, a Gift Card User is deemed to accept any amended Terms if: (1) no written notice requesting a refund of the unused balance is received by OLG within thirty (30) days of the posting date of the amended Terms on OLG.ca, or (2) the Gift Card is used after such notice is posted.
2. 33.  To the extent permitted by applicable law, OLG and the other Released Parties are not responsible for commencing, continuing or completing the program in the event of circumstances beyond OLG and the other Released Parties’ control, and OLG may, in its sole discretion, change or alter this program (and/or amend these Terms) in accordance with Section 32 of these Terms, as OLG deems necessary in its sole discretion. To the extent permitted by applicable law, and without limiting the generality of the foregoing, OLG, in its sole and absolute discretion, reserves the right to amend the timing of any other element of this program to satisfy any customer service or promotional integrity issues resulting from uncontrollable or unforeseeable circumstances. 

GENERAL

1. 34.  In the event any provision of these Terms are determined by a court of competent jurisdiction to be void or unenforceable, such determination shall solely affect such provision and shall not, in itself, render void or unenforceable the remaining provisions thereof, which will remain in full force and effect. 
2. 35.  The purchase and use of Gift Cards shall be subject to and must comply with all applicable federal, provincial and municipal laws. Gift Cards shall be deemed void in any jurisdiction where their purchase and/or use is prohibited or otherwise restricted by applicable law.
3. 36.  The decisions of OLG with respect to all aspects of this Gift Card program are final and binding on all Gift Card Users without a right of appeal. 
4. 37.  To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of Gift Card Users, OLG or any of the other Released Parties in connection with the Gift Card program will be governed by and construed in accordance with the domestic laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Gift Card program.
5. 38.  No waiver of any provision of these Terms by OLG will be effective unless expressly made in writing. Any such waiver shall apply only to the specific instance and purpose for which it is given and shall not be construed as a continuing waiver or a waiver of any other provision or right. The failure of OLG to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision at any time. Any delay or omission by OLG in exercising any right or remedy under these Terms shall not operate as a waiver of such right or remedy. 
6. 39.  These Terms represent the complete and exclusive agreement between the Gift Card User and OLG regarding the purchase and use of such Gift Card(s) and supersedes all prior proposals and all other terms and agreements related to such use. 
7. 40.  In the event of any discrepancy or inconsistency between these Terms and disclosures or other statements contained in any program-related materials and/or any instructions or interpretations of these Terms given by any representative of OLG, the provisions of these Terms shall prevail, govern and control to the fullest extent permitted by applicable law.
8. 41.  The headings in these Terms are for convenience of reference only and shall in no way affect the interpretation of these Terms.
9.  

For any questions relating to this program, please contact the OLG Support Centre at 1-800-387- 0098.

Cette information est aussi disponible en français en composant le 1-800-387-0098.