TERMS OF SERVICE 

 

These ALC.ca Terms of Service ("Terms of Service") govern all aspects of Your use of ALC.ca, including any transactions You may complete or attempt to complete using ALC.ca. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By using the ALC.ca site, You acknowledge Your full understanding and acceptance of the terms and conditions contained within these Terms of Service, (as amended from time to time), and confirm that: (a) You are at least 19 years of age; (b) You are a resident of either Newfoundland and Labrador, Nova Scotia, New Brunswick or Prince Edward Island (collectively, “Atlantic Canada”); and (c) You will not purchase any ALC.ca Games while You are physically located outside Atlantic Canada. If You do not accept any of the terms and conditions in these Terms of Service or You do not agree to be legally bound by them, do not use ALC.ca. 

 

1. INTRODUCTION

 

1.1 Definitions  

See Schedule “A” for meanings of certain words and terms used in these Terms of Service. 

 

1.2 Introduction  

Atlantic Lottery Corporation (“ALC”) offers to residents of Atlantic Canada, who are 19 years of age or older, the opportunity to register online with ALC and, if approved and granted an Account at ALC’s sole and absolute discretion, to play Games offered on ALC.ca. ALC has the right at any time and in its sole and absolute discretion to, without notice, discontinue or limit the sale of Games through ALC.ca or to modify the manner in which it sells Games. 

 

1.3 Game Rules  

All Games offered on ALC.ca are governed by and offered subject to the Game Rules that apply to each particular Game. 

  

2.0 ALC.CA HEALTHY PLAY AND SELF-EXCLUSION POLICY

 

ALC’s Healthy Play and Self-Exclusion Policy (“Healthy Play Policy”) describes the Healthy Play (“HP”) program, interactions with Players, and the tools and resources that are available both to Players, and, as well, to members of the public in Atlantic Canada should they decide to register as a Player on ALC.ca.  

 

ALC’s Healthy Play Policy  forms part of these Terms of Service. By accepting these Terms of Service, You also acknowledge and accept the terms of this Healthy Play Policy.   Be sure to read and understand the Healthy Play Policy before agreeing to these Terms of Service. 

 

3.0 REGISTRATION

 

3.1 Requirement to Register/Eligibility Only Players are allowed to play Games on ALC.ca and qualify for Prizes.  In order to be eligible to be registered as a Player, You must be at least 19 years of age, a resident of Atlantic Canada, physically located within Atlantic Canada at time of registration and not already a Player and not a Self-Excluded Individual. 

 

If You fail to successfully complete the registration/verification process required to obtain an Account and become a Player, You will be assigned an Unverified Account. 

 

3.2 Verification of Registration Information You are solely responsible for the truthfulness, accuracy and correctness of the information that You provide to ALC in connection with Your registration to become a Player. You are responsible for updating this information in Your "My Account" if the information changes after Your registration for an Account has been accepted by ALC.  You are solely responsible to ensure that You remain entitled to have an Account under the terms of these Terms of Service. Failure to update such details so that they remain true, accurate and correct at all times that You are using ALC.ca may, in ALC's sole and absolute discretion, result in the suspension or termination of Your Account and the nullification, voiding or forfeiture of any Prizes to which You might otherwise be entitled. 

 

ALC may, in its sole and absolute discretion, require You to provide additional information and/or documentation (for example, proof of age and province of residence; Your bank or other financial institution and related account information) to verify or confirm Your eligibility to be registered as a Player, to verify or confirm that You continue to meet eligibility requirements to be a Player and to investigate any suspected breaches of these Terms of Service (including suspected fraudulent or dishonest activity).  

 

You agree that ALC may contact or retain third parties (including Your financial institution) to verify the accuracy of any information (including personal information related to Your age and province of residence and Your bank or other financial institution and related account information) that You provide in connection with Your registration to become a Player (including any updates to such information). 

 

You may be required to provide additional information and/or documentation to comply with applicable laws or regulations. If you register to pay Casino Games on ALC.ca, You will be required to provide ALC such information and documentation as ALC may determine that it requires in order to comply with its FINTRAC reporting obligations. By providing such additional information or documentation to ALC, the Player will be deemed to represent and warrant to ALC that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original. 

 

3.3 Only One Account is Permitted You are not permitted to have more than one Account. Only You the Player, acting on Your own behalf, is permitted to use the Account.  

 

3.4 Passwords/Email When You register with ALC.ca, You will be required to use an email account and choose a unique password. It is Your responsibility to keep Your password confidential and secure. Only You are permitted to access and use ALC.ca using Your password. You will be solely responsible for any use or misuse of Your password by any person. ALC is not liable for any access to or use of Your Account, including arising from unauthorized use of Your password. You agree that ALC shall be entitled to assume that any user of ALC.ca who enters the correct combination of Your email and password is You and that any transaction involving Your Account has been undertaken by You and is valid. 

 

3.5 Deactivation of Account 

 

a) By Player You may deactivate Your Account at any time by contacting ALC’s Customer Care Center (1-877-252-3287). 

 

b) By ALC ALC may deactivate Your Account if it is an Inactive Account. An Account is an Inactive Account if, during the immediately preceding twelve (12) months, You have not successfully signed into ALC.ca. 

 

In the event that Your Account is deactivated under a) or b), You must provide ALC with such information and documentation as ALC determines necessary to enable ALC to deliver any funds remaining in the Account (except any balance from Promo Rewards) to You. ALC will deliver balances five dollars ($5.00) and below only by direct deposit. In the event that You do not provide ALC with such information within eight (8) weeks of Your Account being deactivated, You agree that You shall forfeit all right to the remaining funds. 

 

 4.0 PROHIBITED USES OF ALC.CA 

 

4.1 No Interference with Games You will not interfere or manipulate with the operations of ALC.ca or the normal play of any Game, nor will You attempt to do so, directly or indirectly. 

 

4.2 No Unlawful/Fraudulent Use You will not use ALC.ca in an unlawful manner, or for any unlawful or fraudulent purpose or activity or to gain an unfair advantage including, without limitation, cheating, game manipulation, exploiting a fault, loophole or error, fraud, including payment fraud (for example, unlawful use of credit cards or reversals of payment), money laundering, collusion with third parties, using any automated device or software that makes decisions for You or takes Your place as a live Player, or for any other purpose or activity that ALC, in its sole and absolute discretion, determines is inappropriate or not directly related to the purchase or playing of Games or the use of Chat in the normal course as determined by ALC. You acknowledge and agree that other Players may use or attempt to use ALC.ca in such a prohibited manner and that You are using ALC.ca at Your own risk and ALC will not be liable for any losses or damage caused to You by such prohibited use of ALC.ca. 

 

4.3 No Play Outside of Atlantic Canada You shall not purchase or attempt to purchase any Game while You are physically located outside Atlantic Canada or if You are no longer a resident of Atlantic Canada. 

  

5.0 ACCOUNT 

 

5.1 Account Funding You must have sufficient funds in Your Account (Wallet) in order to complete a purchase of or play Games. 

 

You can add funds to Your Account (Wallet) by means of: 

 

1.    WebCash or Promo Rewards; 

2.    Electronic bank transfer (EBT) initiated through a Canadian bank or financial institution. Your Internet or telephone banking service must be linked to a bank account at a branch of a bank or financial institution located in Atlantic Canada; 

3.    Visa or MasterCard credit card issued in Canada by a Canadian bank or financial institution. (Note: may be treated by card issuer as a cash advance); 

4.    An Interac e-Transfer Deposit initiated by you, from your bank or financial institution located in Canada; 

5.    A Visa Debit card issued in Canada by a Canadian bank or financial institution; 

6.    PayPal, which is a digital wallet (online account) that will allow You to send payments to alc.ca. 

7. American Express (Amex) Credit Card 

8. Scan to Deposit for the transfer of Prizes up to $999.99 to your wallet. Scan to Deposit is exclusively for the transfer of Prizes that have a dollar value and cannot be used for Free Play or other Prizes that do not have a dollar value.

You are responsible for all fees and charges arising from Your use of the cards and services used to fund Your Account referred to in items 2-7 above. Certain methods of payment listed above may not be available to You at all times. You should familiarize yourself with the terms and conditions that govern Your use of the cards and services referred to above prior to funding Your Account. Each time You use a credit card, Visa Debit Card, Interac e-Transfer, PayPal, American Express or EBT to fund Your Account, You represent and warrant to ALC that You have the authority to use that card or the funds for such purpose, including if the card or bank account is jointly held with one or more persons. 

 

5.2 Limits on Accounts From time to time ALC may, in its sole and absolute discretion, but will not be obligated to, determine and set limits on the minimum and maximum amounts that You will be permitted to deposit into Your Account, can have on deposit in Your Account or can withdraw from Your Account. 

 

5.3 Maximum Weekly Deposit Limit Pursuant to ALC’s Healthy Play Policy prior to depositing funds to Your Account, You will be required to establish a Maximum Weekly Deposit Limit.  

 

5.4 Daily Wager Limit Pursuant to ALC’s Healthy Play Policy You can set a Maximum Daily Wager Limit, in Your sole discretion. You will not be able to wager any amount on ALC.ca beyond the Daily Wager Limit You have established.  

 

5.5 Session Time Limits Pursuant to ALC’s Healthy Play Policy.  You may set a limit on the total time You spend per session playing on ALC.ca. You will be notified via a pop-up reminder five (5) minutes before the Your allotted session time limit. A subsequent pop-up message will be displayed to You one (1) minute before reaching Your time limit. Further details are setout in the Healthy Play Policy. 

 

5.6 Currency All transactions involving Your Account will be in Canadian dollars only. 

 

5.7 Account Withdrawals Funds on deposit in Your Account cannot be transferred to another Player or Account. Except as otherwise provided in these Terms of Service, funds on deposit in Your Account may be withdrawn by You at any time by electronic funds transfer to an account maintained with Your bank or other financial institution. You may not withdraw funds from Your Account to a credit card, debit card or via cheque. You are solely responsible for the accuracy of bank account information that is provided to ALC. ALC will not be responsible for lost, misdirected or misplaced funds as a result of You providing incorrect or out-of-date bank account information. 

Payments in respect of a withdrawal may be delayed by or as a result of ALC's internal processing times and security reviews or ALC's compliance with the requirements of applicable laws. For example, ALC may require information and documentation from You that it considers necessary or advisable in its sole discretion, including without limitation information and documentation ALC determines necessary or advisable to:  

 

a. verify Your identity;  

b. comply with applicable law or regulatory requirements including FINTRAC reporting obligations;  

c. comply with ALC's validation and security procedures;  

d. to prevent fraud or other illegal activity (whether suspected or actual); and  

e. to ensure compliance with these terms and conditions, Game Rules and Legal Terms of Use.  

  

Except as otherwise provided in these Terms of Service, funds on deposit in Your Account will be withdrawn from Your Account and returned to Your bank account provided by You at the time of registration (or any updated bank account), or by other means selected by ALC in its sole discretion by ALC if: 

 

·      You submit a proper request; 

 

·      Your registration with ALC.ca is deactivated by You or ALC or suspended by ALC for longer than 30 days; 

 

·      You exercise the Self-Exclusion option under ALC’s Healthy Play Policy  (provided, however, that all Bonuses and Promo Rewards which have not been wagered by You and remain in Your Account at the time You exercise the Self-Exclusion option will be cancelled and will not be paid to You); or 

 

·      the amount of funds on deposit in Your Account exceeds the limit established by ALC from time to time. 

 

We may submit reports to applicable governmental or quasi-governmental authorities or other persons or entities specified under applicable laws, including FINTRAC reporting, and withhold any amount from the aggregate amount of Your withdrawal in order to comply with applicable laws (and Your acceptance of and agreement to be bound by these Terms of Service represents Your consent to the collection and disclosure of Your personal information by ALC if required in connection with such reporting requirements). ALC will also comply with applicable laws in Atlantic Canada relating to the collection and enforcement of court orders or agreements that have been registered with the court with respect to the payment of child and spousal support including the Maintenance Enforcement Act (Nova Scotia) and the Support Orders Enforcement Act (Newfoundland and Labrador). 

 

5.8 Chargebacks A Chargeback occurs for the purpose of these Terms of Service, when a credit or debit card holder 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 ALC return the relevant funds. 

In the event of a Chargeback, ALC may in its sole and absolute discretion, carry out one or more of the following actions: 

 

a) suspend Your Account pending resolution of any dispute relating to the Chargeback (in which case Subscriptions may be suspended); 

b)request information from You regarding the circumstances of the Chargeback and provide such information to the relevant financial institution for the purposes of resolving any dispute relating to the Chargeback; 

c) debit Your Account with the amount of the Chargeback and if that debit results in a negative balance, claim from You the amount of such negative balance; and 

d) terminate Your Account. 

 

5.9 Errors in Accounts You acknowledge and agree that You are solely responsible for reviewing Your Account for accuracy and completeness from time to time. You are required to inform ALC as soon as You become aware of any error or omission with respect to Your Account or any calculation with respect to any purchase that You have made or any wager that You have placed from Your Account. 

 

5.10 Payment Processors ALC may use third-party electronic payment processors and bank or other financial institutions to process financial transactions to and from Your Account. By registering with ALC.ca and establishing an Account, You irrevocably authorize ALC to instruct these entities to handle deposits into and withdrawals from Your Account and You irrevocably agree that ALC may provide such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on ALC.ca. 

 

5.11 Bonuses and Promo Rewards From time to time ALC may, in its sole and absolute discretion, but will not be obligated to, offer to You Bonus amounts or Promo Rewards which, when accepted by You, will be deposited by ALC into Your Account. A Bonus and Promo Rewards may only be used in relation to such Games on ALC.ca as may be specified by ALC from time to time, and does not have a cash-equivalent value that can be withdrawn from Your Account.  The use of a Bonus or Promo Rewards may be subject to additional terms, conditions and restrictions specified by ALC from time to time. 

 

ALC reserves the right to cancel, withdraw or amend any Bonus offer or Promo Rewards (including the applicable terms and conditions) at any time. If You exercise the Self-Exclusion option under ALC’s Healthy Play Policy, deactivate Your Account, or if Your Account is suspended or terminated by ALC, all Bonuses and Promo Rewards which have not been wagered by You and which remain in Your Account at the time You exercise the Self-Exclusion option or when Your Account is so deactivated, suspended or terminated, will be forfeited and will not be paid to You. 
 

 6.0 PURCHASING GAMES ON ALC.CA 

 

6.1 Accuracy of Purchase and Play Decision You are solely responsible for ensuring that the details of Your purchase and/or play decisions are correct before You submit Your purchase and/or play decisions for processing. In the event of any dispute or discrepancy regarding any aspect of Your purchase and/or play decisions, THE INFORMATION IN THE COMPUTER SYSTEMS WILL PREVAIL, AND ONLY THE PURCHASE AND/OR PLAY DECISION RECORDED BY THE COMPUTER SYSTEMS WILL PARTICIPATE IN THE GAME. Without limiting the generality of the above provisions of section 6.1, this means that, in the event of a dispute or discrepancy, information in the Computer Systems will prevail over information on any website operated by ALC or any application linked to any website operated by ALC and made available on a mobile device (i.e. will prevail over items (i) and (ii) within the definition of ALC.ca in these Terms of Service). 

 

6.2 Notification and Receipts – Draw Based Games If Your purchase of a Draw Based Game is fully processed by ALC prior to the cut-off time established by ALC, which said processing includes, without limitation, the complete transfer from Your Account of the full amount required to pay for the purchase, ALC will issue a Receipt which will show, among other things, the selection(s) and the date(s) of the draw(s) or event(s) for which the selection(s) are valid, the amount wagered and a receipt ID number. All valid Receipts are deemed to be tickets under the applicable Game Rules that govern the particular Game. Receipts will appear in Your Account History. 

 

The Receipt confirms that the purchase has been completed. Your order and any details or confirmation of Your order, as reflected in Your Cart or otherwise, is not a ticket, has no monetary value and does not entitle You to participate in any Game. You can modify or cancel Your order prior to issuance of a Receipt only. 

 

6.3 No Cancellation of Purchase Once You have made a purchase, You may not cancel it. 

 

6.4 Right to Refuse ALC reserves the right to, in its sole and absolute discretion, refuse any Game purchase, play decision or selection for any reason whatsoever. 

 

6.5 Cut-Off Times Purchases and/or play decisions will not be accepted or processed after the posted cut-off time. 

 

6.6 Interrupted Games – Instant Games and Casino Games  

ALC reserves the right to complete any Instant Game(s) that You fail to play to completion within seven (7) days from the date of Your purchase of the Instant Game, and to award any resulting Prize to You in accordance with the terms and conditions of these Terms of Service. 

ALC reserves the right to terminate/close any Casino Game(s) that You fail to play to completion within thirty (30) days from the date of Your purchase of the Casino Game, in which case, ALC will issue a reimbursement payment of the original wager amount for that incomplete Game(s). Subject to ALC’s discretion, You forfeit any winnings accumulated during the play of the Casino Game that you failed to complete as well as any potential winnings that could have occurred had you completed the Casino Game(s). 

 

If You intentionally interfere with the playing of an Instant or Casino Game as determined by ALC in its discretion, You will forfeit: Your wager/purchase price, Your ability to continue playing or completing the Game and any winnings accumulated during the play of the Game as well as any potential winnings. 

 

6.7 Final Results In all circumstances, ALC's records will be the final authority in determining the results of any Game that is offered by ALC through ALC.ca. 

 

6.8 Game Availability It is possible that certain Game titles listed on ALC.ca will not be available for purchase in your Province of residency.  

 

7.0 SUBSCRIPTION TERMS & CONDITIONS  

 

In addition to the terms and conditions in these Terms of Service, the following terms and conditions apply to Subscriptions: 

 

7.1 Players can purchase Subscriptions for certain Draw Based Games made available for Subscription purchase by ALC from time to time. If Your Subscription purchase is fully processed by ALC, including without limitation, the complete transfer from Your Account of the full amount required to pay for the purchase, ALC will issue a Subscription Receipt. Subscription Receipts will appear in Your Account History. Valid Subscription Receipts are deemed to be tickets under the applicable Game Rules that govern the particular Game(s). 

 

The Subscription Receipt confirms that the purchase has been completed. Your order and any details or confirmation of Your order, as reflected in Your Cart or otherwise, is not a Subscription Receipt or ticket, has no monetary value and does not entitle You to participate in any Game. You can modify or cancel Your order prior to issuance of a Subscription Receipt only. 

 

7.2    For Subscription orders, ALC cannot ensure the first draw date and is not liable for any loss suffered by a Player as a result of any error, failure or delay in recording the Player’s selection numbers into the Computer Systems. A Subscription shall be deemed to have been received by ALC, and the Subscription Receipt shall take effect, on the date and time of the first available draw held by ALC or ILC for the applicable Game(s) in which the selection numbers contained in the Subscription Receipt are recorded in the Computer Systems. Except as provided below, the Subscription Receipt confirms that for the recorded number of consecutive draws for the applicable Game(s), from and including the starting date shown on the Subscription Receipt, the Player is deemed to have validly wagered the applicable wager amount for each applicable selection.  

 

7.3 Prizes  Prizes won from Subscriptions are subject to applicable Game Rules, and ALC’s rules, processes and restrictions related to Prize claims and payments. 

 

7.4 Cancellation, alteration or modification of Subscription and Subscription Receipts ALC reserves the right to cancel, alter or modify, at any time, the whole or part of the Draw Based Game subscribed for, and/or any Subscription or Subscription Receipt or any condition attaching to Subscriptions or Subscription Receipts. If a Draw Based Game, a Subscription or a Subscription Receipt is cancelled, ALC will make a proportionate refund to Players affected. In the event of alteration or modification of a Draw Based Game, of a draw, or of any conditions attaching to Subscriptions or Subscription Receipts, ALC may replace the existing Subscription Receipt with a new Subscription Receipt reflecting such alteration or modification. The new Subscription Receipt shall be effective from the date on which the alteration or modification was entered into the Computer Systems. 

 

7.5 Rules, Regulations and Conditions Subscriptions, Subscription Receipts (as altered or modified), as well as the Draw Based Games that Players can purchase and/or participate in using Subscriptions, are all governed by Game Rules and these Terms of Service. 

 

7.6 IMPORTANT If there is a discrepancy between the numbers shown on a Subscription or on a Subscription Receipt and those contained in the Computer Systems, only the numbers recorded in the Computer Systems participate in the draws on the draw days recorded in the Computer Systems and the Subscription or Subscription Receipt will be deemed to be amended to reflect the actual numbers so recorded. ALC has no liability relating to the numbers appearing on the Subscription or the Subscription Receipt in such circumstances. 

 

7.7. Conditions of Payment Where ALC accepts payment for a Subscription that is subsequently dishonored, refused or reversed, (including Chargebacks), in addition to other rights or remedies contained in Game Rules or these Terms of Service, ALC may terminate the Subscription as to future draws and shall be entitled to recover from the Player in contract an amount equal to the wagers on draws in which the subscriber did participate under the Subscription prior to such termination. 

 

7.8 Refusal ALC may, at its discretion, refuse to accept a Subscription or a request to renew or issue a Subscription Receipt at any time. 

 

8. PRIZES 

 

8.1 Entitlement to Prizes  You acknowledge and agree that if You are entitled to any Prize resulting from the purchase or playing of any Game on ALC.ca, Your ability to claim and receive the Prize will be subject to these Terms of Service, the Game Rules, applicable laws (including FINTRAC for Casino Games and any regulations made thereunder) and ALC’s Prize payment rules, requirements, processes and restrictions. 

 

8.2 Prizes Prizes up to $9,999.99 from Games that are purchased or played on ALC.ca will automatically be deposited into Your Account. Upon deposit of the Prize to Your Account, You release and discharge ALC, its employees, officers, directors and shareholders from any further claims, actions or demands in respect of that Prize.  

 

Prizes of "free plays" for Draw Based Games on ALC.ca (including for Subscriptions) will be processed by ALC automatically, and You acknowledge and agree that ALC may not process such a "free play" Prize prior to the cut-off time for any particular draw. In ALC's sole and absolute discretion, an amount equal to the cash-equivalent of a free play prize may be deposited in Your Account. You are responsible for reviewing Your Account to determine whether any Prize or other winnings has been awarded to You. 

 

A unique claim code will be issued to You in Your Account for Prizes of $10,000 or more won from Games purchased or played in ALC.ca. You should contact ALC's Customer Service Centre at 1-877-252-3287 for Prize claim information. 

 

9.0 CHAT/FORUMS 

 

9.1 Access and Use Chat is for the personal recreational use of Players only in connection with their use of ALC.ca; it must not be used for any commercial purpose. ALC may, at any time and without notice, in its sole and absolute discretion, restrict, suspend or terminate Your access to Chat. 

 

9.2 Prohibited Content When using Chat, You may not post content or material that, in ALC’s sole and absolute discretion, is offensive, illegal, hateful, discriminatory, harmful, sexist, violent, racist, abusive, threatening, otherwise objectionable, or that includes personally identifying content 

 

You acknowledge and agree that other Players may from time to time post messages with prohibited content and You accept this risk when using Chat. You also accept the inherent risk of using Chat that content or information You store could be exploited or misused by others. 

 

9.3 No Responsibility ALC may, in its sole and absolute discretion and without prior notice to any Player, but is under no obligation to, monitor or retain a third party to monitor Chat for prohibited content. You use Chat at Your sole risk, and ALC expressly disclaims any responsibility for the content of Chat. Chat is provided on an "as-is" basis. 

  

10.0 BREACH BY PLAYER 

 

10.1 ALC Remedies If You breach any term or condition of these Terms of Service or Game Rules, ALC shall be entitled to exercise any rights and remedies set out in these Terms of Service, and/or otherwise available to it at law or equity, including without limitation, ALC may take one or more of the following actions as it determines in its sole and absolute discretion: 

 

a)     lock, suspend, deactivate and/or terminate Your Account and exclude You from playing Games on ALC.ca; 

b)       suspend or terminate Your eligibility to register or maintain an Account; 

c)       seize from Your Account an amount ALC determines necessary to compensate ALC for  its actual or potential losses or liabilities resulting from such breach; and 

d)      notify any third parties ALC determines to be appropriate in the circumstances including law enforcement agencies. 

 

10.2 Right to Withhold Prizes - ALC has the right at any time and in its sole and absolute discretion to, without notice, delay or withhold any Prize from You if You breach or are suspected of breaching any term of these Terms of Service or Game Rules, including, without limitation, if ALC is not satisfied that the registration information You provided is true, accurate and current or if You purchased the applicable Game(s) while You were physically located outside Atlantic Canada.  

  

11.0 DISPUTES 

 

11.1 No Claim Except as otherwise provided in the 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 ALC (i) in the case of a Draw-Based Game, more than 12 months following the date on which the Game is completed, and (ii) in the case of an Instant Game or Casino Game, more than 30 days following the date on which the Instant or Casino Game is completed. 

 

11.2 ALC Records Prevail ALC's records (as maintained by ALC’s Computer Systems) will be the final authority in determining the circumstances of a Player's participation in the Games and the results of such participation.  In the event of a disagreement between the result that appears on a Player's screen and ALC’s Computer Systems, the result that appears in ALC’s Computer Systems will prevail. 

 

12.0 PRIVACY 

 

ALC is committed to protecting Your personal information and respecting Your privacy in accordance with ALC's Online Privacy Notice, which describes how ALC will collect, use and protect personal information that You provide to ALC in connection with Your use of ALC.ca. ALC occasionally uses third party technology providers located outside of Canada with the result that Your personal information may be transmitted and stored outside Canada. By accepting these Terms of Service, You also acknowledge and accept the terms of ALC's Online Privacy Notice. Be sure to read and understand ALC's Online Privacy Notice before accepting these Terms of Service. 

 

 13.0 ERRORS 

 

13.1 ALC’s Decisions Final  You acknowledge that a number of circumstances may occur where an error occurs, including where ALC accepts a bet on a Game in error, awards a Prize in error, credits Your Account in error, misstates Games Rules or processes a withdrawal from Your Account in error. Such errors may arise from computer malfunction or human error, including by an ALC employee, agent or contractor. ALC reserves the right to take all steps it deems necessary to correct such errors and ALC’s decision shall be final and binding. In the event ALC pays money to You in error, You agree that You will hold such money in trust and return such money on demand to ALC. You acknowledge and agree that when money paid to You in error is subsequently used for a wager, ALC may cancel such wager and demand the return of any subsequent winnings/prizes as also being held in trust for ALC. 

 

13.2 Reporting Errors  If You become aware that any Game contains any error, You must report this to ALC immediately. Further, You agree not to take advantage of any such error.  

 

13.3 Neither ALC 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. ALC 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. 

  

14.0 LIMITATIONS AND EXCLUSIONS OF LIABILITY 

 

14.1 Disclaimer/No Warranty You expressly acknowledge and agree that ALC.ca is provided on an “as is” and “as available” basis. ALC does not make any promise, representation or warranty regarding ALC.ca, its operation or availability, or regarding any of the Games or other products or services that are made available on or through ALC.ca and ALC hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory. 

 

14.2 Limitations of Liability Except as otherwise provided in the applicable Game Rules, the maximum liability of ALC, subject always to 14.3, its directors, officers, employees and agents, to You under these Terms of Service or in respect of You accessing or using of ALC.ca, whether in contract, tort (including negligence) or otherwise, shall not exceed: 

 

1.   the net loss of Your participation in the Game in question that gave rise to the relevant liability, with net loss being the amount of Your wagers for that Game less winnings from that Game; 

2.   the amount of applicable monies, where such monies have been improperly directed by ALC or misplaced by ALC, and You agree that ALC shall not be liable to You under any circumstances for a greater amount. 

 

14.3 In addition to any other exceptions or limitations to ALC liability contained in Game Rules or in these Terms of Service, under no circumstances will ALC or its directors, officers, employees or agents be liable to You, whether in contract, tort or otherwise, for any losses or damages of whatsoever nature or kind arising out of or in any way connected to: 
 

(i)    the operation of ALC.ca or any Game; 

(ii)  the failure of ALC.ca or any Game to operate properly; 

(iii) any delay, loss, error or omission, howsoever caused, including attributable to banking and financial institutions and suppliers of telecommunication services and equipment, which prevents or hinders the ordering, transmission or processing of a purchase of any Game or participating in any Game; 

(iv)   errors, omissions or other inaccuracies, or any misleading or out-of-date information, contained on or downloaded through, ALC.ca; 

(v)     the cessation or interruption of operation of ALC.ca, a Game, or any part thereof, including, without limitation, due to a flaw, fault, error, system or technical issues or for maintenance, upgrades or to address errors; 

(vi)    any information or software programs that You download to use or access ALC.ca or to play any Game; 

(vii)   use of any component of ALC’s Healthy Play Policy or any responsible gambling tools on, or referred to on ALC.ca;  

(viii) the exercise of any right or discretion by ALC as expressly contemplated in this Terms of Service; or 

(ix)    any Force Majeure Event. 

  

15.0 GENERAL MATTERS 

 

15.1 Amendments ALC may, in its sole and absolute discretion, amend these Terms of Service from time to time without prior notice to You. You are responsible for familiarizing yourself with the terms and conditions contained in these Terms of Service from time to time, and each time You use ALC.ca, You will be deemed to confirm Your agreement with and acceptance of the terms and conditions in effect at such time. If at any time You are requested by ALC to confirm Your acceptance of and agreement with the terms and conditions then in effect in these Terms of Service and You do not do so, You will, on request to ALC, be entitled to the return of any funds that are in Your Account and upon the return of these funds, Your Account will be suspended. 

 

15.2 Governing Law These Terms of Service are governed by and will be construed in accordance with the laws of the Atlantic Canada province in which You are a permanent resident. 

 

15.3 Intellectual Property You acknowledge and agree that ALC is the owner or licensee of the copyright, trademarks, and other intellectual property rights in and to all aspects of ALC.ca, the Computer Systems and the content of the foregoing, including Games and written communications to Players, and You will acquire no rights thereto as a result of Your registration with or use of ALC.ca or Your purchase or playing of any Games or otherwise. You will not copy, transmit or make otherwise available any content or material made available on or through ALC.ca. 

 

15.4 Entire Terms of Service These Terms of Service, applicable Game Rules, Legal Terms of Use and ALC’s Online Privacy Notice constitute the entire Terms of Service and understanding between You and ALC in relation to all aspects of Your use of ALC.ca. 

 

15.5 No Assignment Your Account cannot be assigned or transferred. 

 

15.6 Enforceability The invalidity or unenforceability of any provision contained in these Terms of Service will not affect the validity or enforceability of any of the other portions of these Terms of Service. 

 

15.7 Accuracy of Information While reasonable efforts are made to ensure the accuracy of the information on ALC.ca (including Game results information) no warranty of accuracy or completeness is expressed or implied. Also, information may be changed or updated without notice. You should refer to ALC's official lottery results, official game instructions and rules, which override any information contained on ALC.ca. 

 

15.8 Contacting ALC's Customer Care Centre If You have any questions regarding Your registration with ALC.ca, Your Account, or any action taken by ALC in connection with the foregoing, You may contact ALC's Customer Care Centre as follows: 

 

Email: info@alc.ca 

Telephone: 1-877-252-3287 

Address: Atlantic Lottery Corporation 

P.O. Box 5500

922 Main Street 

Moncton, New Brunswick 

E1C 8W6

 

 

SCHEDULE “A” 

1.0 DEFINITIONS 

When used in these Terms of Service, unless the context requires otherwise, the following words and terms shall have the meanings specified below: 

  

 "Account"  means the non-interest bearing account that is established and maintained by a Player on ALC.ca in connection with the purchase or playing of Games on ALC.ca, and which includes Account History, My Account, Wallet and Cart. 

  

 "Account History"  means the electronic statement that lists the financial transactions that have been completed by a Player on ALC.ca for a period of time determined by ALC and includes Game and Subscription purchases.  

  

 "ALC"  means Atlantic Lottery Corporation Inc. and its successors and assigns. 

  

 "ALC.ca" means: (i) ALC's website, (ii) any application linked to ALC’s website that Players and Prospective Players can install on their mobile device such as a mobile phone or a tablet and (iii) Computer Systems, all through which Games are made available by ALC to eligible Players. 

  

 "Atlantic Canada"  means Newfoundland and Labrador, Nova Scotia, New Brunswick and Prince Edward Island. 

  

 "Bonus"  means any amount that is credited to an Account by ALC in connection with a promotion or special offer. 

  

 "Cart"  means an electronic shopping cart in an Account where Players can select and store certain Draw Based Games prior to deciding whether or not to purchase the Game(s). A Player can select and store Draw Based Games in their Cart prior to signing into their Account. 

  

 “Casino Game” means any Casino style Game that: (i) requires a Player to place a bet or make a wager, and (ii) affords the Player a chance to win a Prize on ALC.ca, but does not include Draw-Based Games, Bingo games, Mini Games, and Instant Games, or any free play games. Examples of Casino Games offered on alc.ca include; slots, table games, video poker etc. 

  

"Chargeback"  has the meaning specified in Section 5.8. 

  

"Chat"  means the no-charge chat room facility that is available on ALC.ca. 

  

"Computer Systems"  means the central computer systems used by ALC to process and record transactions, including ALC’s central computer system used in Draw Based Games (and does not include items (i) and (ii) in the definition of ALC.ca above). 

  

"Draw Based Game" means any Game that (i) requires the Player to select a set of numbers or other play elements (whether chosen by the Player and/or randomly generated), and (ii) has its outcome or result determined by a draw or event, but does not include Instant Games, Casino Games or any free play games.  Examples of Draw-Based Games include LOTTO 6/49, LOTTO MAX and PRO•LINE. 


“FINTRAC”  means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof. 

"Force Majeure Event"  means any event that interferes with ALC’s ability to operate ALC.ca or the Games, in whole or in part, from any cause beyond ALC’s reasonable control, including, without limitation, an act of God, an outbreak of hostilities, riot, civil disturbance, act of terrorism, fire, explosion, flood, theft, malicious damage, power failures or obstruction, loss or non, limited or delayed availability of any network, broadcast or telecommunications service, strikes, lock-outs, industrial action of any kind, legislative or regulatory change or the act of any government or governmental authority. 

"Game" means a "lottery scheme" (as defined by the Criminal Code) conducted, managed and/or operated by ALC and made available through ALC.ca from time to time, in which Prizes are awarded in accordance with applicable Game Rules, and includes Draw Based Games, Instant Games, and Casino Games. 

  

"Game Rules" means any terms, conditions, explanations, play instructions, rules and procedures, including prize structure statements, issued by ALC or the Interprovincial Lottery Corporation (“ILC”) from time to time (in addition to these Terms of Service) which apply to any Games offered by ALC, including without limitation, those posted at alc.ca, and other rules of play for types of Games or individual Games that may otherwise be posted on ALC.ca.  Games Rules include applicable provincial laws and regulations. Game Rules are incorporated into and form part of these Terms of Service. Game Rules include LIMITATIONS OF LIABILITY. Without limiting the generality of the foregoing, Game Rules include the Rules and Regulations of ALC and the Rules and Regulations Respecting Lotteries and Lottery Tickets of the ILC, as applicable. In addition, Games Rules for Instant Games and Casino Games include how a Prize is won, the value and odds of winning Prizes for individual Instant and Casino Games and Prize tiers within an Instant or Casino Game. 


"Inactive Account"  has the meaning specified in section 3.5 b). 

  

"Instant Games"  means any Game that: (i) requires the Player to place a bet or make a wager, and (ii) affords the Player a chance to win a Prize, but does not include Draw-Based Games, Casino Games, or any free play games. Examples of Instant Games include digital instant games, bingo games and mini games. 


"My Account"  means the page on ALC.ca that displays, among other things, the personal information that a Player provides to ALC from time to time in connection with such individual's registration as a Player. 

“PayPal”  is a digital wallet (online account) that will allow you send payments to alc.ca.  You can link to a credit card or bank account for your lottery transactions. 


"Player" means an individual who has successfully completed the registration process for an Account. 

"Prize" means a prize won by a Player from a Game in accordance with the applicable Game Rules. 

"Promo Rewards" means a voucher awarded by ALC in its discretion which can be used for ALC.ca purchases only and cannot be redeemed for cash or paid from a Player’s Account and which is forfeited if the Account is suspended, deactivated, locked or closed or if the Player chooses the Self Exclusion option. 

"Prospective Player" means any individual who visits and/or uses ALC.ca but is not a Player or Unverified Account Holder. 

"Receipt" means the detailed record of a purchase transaction issued by ALC at the time a transaction is completed and, if valid, deemed to be a ticket under the applicable Game Rules that govern the particular Game. 

“Round” means each wager and win in a Casino Game; a Round can have more than one (1) wager or win, for example, one (1) line win plus one (1) bonus spin win within a slot style game. The total of wagers and wins will be posted in the Player’s Account History. 

"Self Exclusion" and “Self Excluded Individual” have the meanings specified in Section 4 of ALC’s Healthy Play Policy.

  

"Subscription" means the option Players have of setting up payments to occur in the future to purchase future draws for certain Draw Based Games, as referred to in section 7.0. 


"Subscription Receipt"  means the detailed record of a Subscription purchase transaction issued by ALC at the time a Subscription purchase transaction is completed and, if valid, deemed to be tickets under the applicable Game Rules that govern the particular Game(s). 

"Unverified Account Holder" means an individual with an Unverified Account. 

"Unverified Account" means an account that is established when a person fails to successfully complete the registration/verification process required to establish an Account, which does not permit the deposit of funds or wagering but, in ALC's sole and absolute discretion, may enable the Unverified Account Holder to participate in forums and contests and receive communications from ALC that ALC from time to time makes available. Note: ALC previously offered “Guest Accounts” and these Guest Accounts will continue, under the same terms as Unverified Accounts, until closed by the “Guest” or by ALC. 

"Wallet" means an electronic statement that forms part of an Account that shows Players funds available to purchase Games and, if required funds are available, allows Players to use funds to purchase Games using the Account. 

"WebCash" means a voucher containing an identification or validation number, available for purchase at participating ALC retailers, which may be used to fund an Account. WebCash can only be used for funding Accounts and otherwise has no value. ALC may specify terms and conditions governing the purchase, use or validity of WebCash from time to time. 

"You" means, as applicable, any Player, Prospective Player or Unverified Account Holder and "Your" has a corresponding meaning.