MYWINNERS

Terms of Use

Welcome

Please review these Terms and Conditions of Use (”Terms of Use”) of the MyWinners.com website (the “Web Site”). You, the user (hereinafter “You,” “Your,” or the “User”), are welcome to browse this Web Site, but remember that your access to and use of this Web Site is subject to your acceptance of these Terms of Use and to all applicable laws. If you do not agree to the Terms of Use, do not use this Web Site. In order to bring you better service, Sportech Inc. and its affiliates (collectively, “Sportech”) will regularly update and enhance this Web Site and may, from time to time, revise the Terms of Use. Use of this Web Site is governed by the Terms of Use posted at the time of use, so please check this page each time you access and use this Web Site.

Disclaimer & Limitation of Liability

THE MATERIAL CONTAINED ON THS WEB SITE IS INFORMATIONAL ONLY. THIS WEB SITE DOES NOT OFFER GAMING OR WAGERING. ANY GAMING OR WAGERING DONE BASED ON INFORMATION CONTAINED ON THIS WEB SITE MUST BE DONE BY MEANS AUTHORIZED BY THE GAMING AUTHORITIES OF THE JURISDICTION IN WHICH THE USER RESIDES.

This Web Site is provided for Your use on an “as is” basis. Sportech makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or as to the information, content, materials, or products included on this Web Site. Sportech makes commercially reasonable efforts to maintain this Web Site but is not responsible for the results of any defects that exist in this Web Site, any outages, interruptions, viruses or other harmful components. You should not assume that this Web Site or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY SPORTECH TO PROVIDE ACCESS TO OR USE OF THIS WEB SITE, OR ANY OTHER CAUSE WHATSOEVER. Sportech may, in its sole discretion and at any time, modify or discontinue this Web Site or any part thereof; limit, terminate or suspend a user’s use of or access to this Web Site and/or make changes to these Terms of Use.

Because certain jurisdictions to which these Terms of Use may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then Sportech’s maximum liability for any of the foregoing types of damages shall be limited to $100.00.

Copyright & Trademark

Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, and owned and controlled by, Sportechor the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C., and other international copyright laws. All software used on this Web Site is the property of Sportech or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Web Site.

Sportech, Winners, Winners On the Wire, On the Wire, the Winners logo and the Sportech logo are trademarks or service marks of Sportech. This Web Site contains many third-party trademarks and service marks of participating gaming authorities and gaming establishments. All marks are the property of their respective holders.

We respect the intellectual property rights of others, and require that the people who use this Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Third Party Content

This Web Site provides content, hyperlinks and references to external web sites of third-parties, including, without limitation, the web sites and material of third-parties. Sportech neither endorses, exercises editorial, publisher or other control nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party’s Web Site or material. You should use them with caution. It is the responsibility of every user to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will Sportech be liable for any loss or damage caused by reliance on information obtained through a third party Web Site. Nothing on this Web Site shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party’s qualifications, services, products, offerings, information or any other content.

Who May Use?

Users may use this Web Site for their personal, non-commercial gaming to the extent such activities are legal in the jurisdiction in which each User lives and for no other purpose. Other than the foregoing, Users may not use this Web Site or post any material to this Web Site that is commercial or gaming in nature without the prior consent of Sportech, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation not directly related to the uses specified on the Web Site. Users are forbidden to sell, trade or distribute the contents of this Web Site or any data obtained from this Web Site to anyone. In no event may this Web Site be used or linked to by any party charging a fee for access to this Web Site or for access to any information gathered in this Web Site. Autotote reserves the right, in its sole discretion, to remove material from this Web Site or to deny access to the Web Site to Users.

Monitoring

Sportech has the right, but not the obligation, to monitor the use of this Web Site to determine and assure compliance with these Terms of Use and any other rules established by Sportech or at the lawful order or request of any governmental or judicial agency of competent jurisdiction pursuant to applicable law or regulation.

User Guidelines

Users are required to adhere to these Terms of Use, including the following guidelines for Users.

Legal Compliance & Posting Limitations. Users must use this Web Site in accordance with all applicable international, federal, state and local laws and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. Users may not post or transmit anything that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or that reveals any information that should be known to the user to be confidential or a proprietary. Users may not post or transmit anything that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful or that could constitute an incitement to unlawful conduct. Users must be and remain persons with which a company subject to gaming regulations may do business.

Integrity of the Web Site and its Content. Users may not use, post or transmit any device, software, routine, virus, Trojan horse, spam, mass e-mail, commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper working of this Web Site or any activity conducted on this Web Site or to damage or intercept any data or information on this Web Site. Users may not delete or revise any material posted by Sportech or by another User. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of this Web Site or its content in any way, including, without limitation, by accessing data, servers or accounts for which User’s password is not authorized, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Web Site restricted to User access.

Passwords. Users who have a password allowing access to non-public areas of this Web Site may not disclose, transmit, post, give away or in any manner share the password with any non-authorized party or use the password for any unauthorized purpose. User agrees to notify Sportech immediately of any unauthorized use of a password or a registration profile.

Responsibility for Content. This Web Site is a passive conduit for Users to access services offered by Sportech and other third party providers. SPORTECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CURRENCY, COMPLETENESS OR ACCURACY OF ANY INFORMATION ON THIS WEB SITE. Sportech, its directors, officers, employees, and agents have no control over and take no responsibility for the quality, safety, pricing, desirability or appropriateness of any products or service offered via this Web Site. Nothing on the Web Site shall be deemed to be an endorsement, representation or warranty by Sportech with respect to any third party or service.

Indemnification

User agrees to defend, indemnify and hold harmless Sportech, its officers, directors, employees and agents against and from any third party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from User’s use or misuse of this Web Site, violation of these Terms of Use, or any activities related to this Web Site, or from User’s violations of the rights of any other User of this Web Site. Use of this Web Site is at User’s own risk.

Privacy Statement

The protection of Your privacy is very important to us at Sportech. We pledge to meet fully, and where possible exceed, internationally-recognized standards of personal data privacy protection and to comply with all applicable U.S. law and regulation, including, without limitation, the Electronic Communications Privacy Act, 18 U.S.C. §§2510 et. seq., 2710 et. seq., the Childrens’ Online Privacy Protection Act, 15 U.S.C. §6501 et. seq. and the California Online Privacy Protection Act, Cal. Bus. & Prof. Code §§22575 et. seq. Sportech does not collect personally identifiable or confidential information about individuals or companies through the use of “cookies,” “spiders,” “web beacons” or other data mining devices except when such individuals specifically provide information on a voluntary basis, for example, in the Winners Phone account-opening registration process and in transactional areas of this Web Site. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the User at the time of collection. We do not otherwise track or monitor visitors to this Web Site. The information You give us will be used for the purpose stated when collected, only such as to process Your wagers and to communicate with You regarding your processing of your wagers.

If at any point you have submitted membership or registration information that You would like us to take down for correction from this Web Site, please contact us at the e-mail address or phone number listed below and we will make commercially reasonable efforts to accommodate your request within 48 hours.

As Sportech expands the range of options and services available from this Web Site, the collection and use of personal data will also change to serve you better. We therefore reserve the right to modify this Privacy Statement at any time and will post notice of such changes to this Web Site. If you have any questions or concerns about privacy and security at Sportech, please contact us at the address below.

Sportech reserves the right to comply with the lawful order or request of any governmental or judicial body or agency of competent jurisdiction pursuant to applicable law or regulation.

Choice of Law and Forum; Sever-ability; Entire Agreement

These Terms of Use are governed by the laws of the State of Connecticut, without giving effect to its conflict of law principles. You agree that jurisdiction and venue for any claim arising under these Terms of Use shall lie exclusively with the state or federal courts sitting in Connecticut and waive any and all objections to such jurisdiction and venue, and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to this Web Site or these Terms of Use shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT. If any provision of these Terms of Use is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Except as expressly otherwise provided, these Terms of Use constitute the entire agreement between You and Sportech with respect to the use of this Web Site. No changes to these Terms of Use shall be made except by a revised posting on this Web Site.

Customer Inquiries

Please contact Winners by emailing us via CustomerCare@mywinners.com or call us toll free on 1.800.468.2260.