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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SOUTH DAKOTA LOTTERY'S WEBSITE and Mobile App.

The State of South Dakota and the South Dakota Lottery (collectively and individually “the State”) reserve the right to modify these Terms & Conditions at any time. Modifications shall be effective immediately without prior notice to you.  Notice may be given by any means including, without limitation, by posting a new Terms & Conditions at this location. These Terms & Conditions were last modified on January 30, 2023.

The State makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and/or mobile application and expressly disclaims liability for any errors and omissions. The State may make changes to information at any time to add, update, or correct the information provided. The State makes no representations or warranties as to the completeness or accuracy of the information and data. The State attempts to maintain accurate content on this website and/or mobile application. Any perceived errors or omissions should be reported for investigation.

The State intends but does not guarantee the accuracy of the winning numbers and prize layouts. In the event of a discrepancy the official and certified files maintained by the South Dakota Lottery shall prevail.

Individuals accessing this website and/or mobile application will make their own determination of how suitable the information and data is for their use. In no event will the State be responsible for damages resulting from use or reliance upon this information and data. The State does not warrant that the use of this information will not infringe or violate the rights of others.

This website and/or mobile application may contain links to external websites or systems not owned or controlled by the State. In its sole discretion, the State will determine whether the external website is consistent with the purpose of the State website and/or mobile application on a case-by-case basis. The links to the sites containing the following types of content are not considered appropriate (this list is a nonexclusive list):

  • Sites that exhibit hate, bias, discrimination, pornography, libelous, or otherwise defamatory content;
  • Affiliation or advocacy of a political party, organization, or candidate running for office except for links placed on the Secretary of State's website to provide access to information on political parties, candidates, election procedures, and election laws;
  • Content not suitable for readers or viewers of all ages;
  • Content that infringes on any trademark, copyright, or patent rights of another;
  • Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government.

Links to external websites and pages may be removed or replaced at the sole discretion of the State, at any time without notice.

Nothing contained in this website and/or mobile application of the State, or in any of the links, should be construed to be an endorsement, recommendation, or preference for a commercial product, process, or service. When you link to an external site, you are subject to the policies of the new site, including the new site's use and privacy policies. The State cannot and does not claim, promise, or guarantee the accuracy, completeness, or adequacy of the contents or information in any external website or system.

The information and opinions contained in this website and/or mobile application are presented in good faith and believed to be correct. The State makes no commitment to update, replace, or correct any information and data that appears on the Internet outside of the scope of this website and/or mobile application.

Anyone may view, copy, or distribute information found on this website and/or mobile application for personal or informational use without owing an obligation to the State. The State makes no warranty that the materials contained within this information are free from copyright claims or other restrictions or limitations on free use or display.

One who uses the information available for public use from the State assumes the risk of using or relying on such information. Neither the State, its employees, nor its agents shall be liable for any damages a user incurs because of viewing, distributing, or copying materials made available to the public.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules, regulations, and State Executive Orders applicable to your use of this website and/or mobile application. In addition, you represent and warrant that (i) you are not located in a country that is subject to an applicable government embargo, or that has been designated by an applicable government as a “terrorist supporting” country, and (ii) you are not listed on any applicable government list of prohibited or restricted parties.

TRADEMARKS

All trademarks, service marks, and other commercial symbols (collectively, the “Marks”) used in connection with this website and/or mobile application are the exclusive property of the State, its affiliates, or its third-party licensors. These Terms & Conditions do not authorize you to use the Marks, and you agree not to use any of the Marks in any manner without the prior written consent of the appropriate authorizing party, which consent may be withheld in the sole discretion of the appropriate party. Unauthorized use of the Marks may be a violation of federal or state laws.

PROPERTY RIGHTS

This website and/or mobile application are property of the South Dakota Lottery. All materials contained in this website and/or mobile application are the property of the State, its affiliates, or its third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish, display, market, export, translate, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, sub-license, or otherwise make available to any third party the content, design, or layout of this website and/or mobile application, or any components thereof, without the State’s express written permission.

YOUR PROVISION OF PERSONAL INFORMATION TO US

When you provide information about yourself to the State, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or the State has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, the State has the right to suspend or terminate any account you establish in connection with your use of this website and/or mobile application.

Please be aware that the State has Open Records Laws which ensure that state government is open and transparent. The South Dakota Open Records Laws, located in South Dakota Codified Law, Chapter 1-27, provide public access to certain government records. The South Dakota Lottery is subject to the terms of the South Dakota Open Records Laws. To the extent the information that you provide is subject to the Open Records Laws, you agree that the South Dakota Lottery may share that information pursuant to a lawful records request. More information regarding Open Records Laws can be found at: http://atg.sd.gov/Legal/OpenGovernment/default.aspx. For more information regarding the use of your personally identifiable information, please see the South Dakota Lottery Website Privacy Statement at https://sd.gov/privacy.aspx .

REGISTRATION AND PASSWORDS

This website and/or mobile application may permit or require you to register or obtain a password prior to permitting access to certain products or services available through this website and/or mobile application. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE STATE OR ANYAFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR MOBILE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE STATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, THE STATE”S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This website and/or mobile application may allow certain features of the user’s device, such as a barcode reader or QR code generation function, to quickly gather or communicate information regarding a South Dakota Lottery ticket, or to enable the user to quickly purchase a South Dakota Lottery ticket from a South Dakota Lottery licensed retailer location. In no event will the South Dakota Lottery be responsible for any damages, including and without limitation, direct, indirect, incidental, special, consequential, or exemplary damages or expenses arising from the erroneous entry or communication of information, whether by a user, feature of a user’s device, feature of this website and/or mobile application, or the State, including any of the State’s affiliates, and/or respective employees, contractors, agents, officers, and directors. It is the user’s sole responsibility to ensure that any information entered into or communicated by this website and/or mobile application is accurate.

AGE RESTRICTIONS AND CERTIFICATION REGARDING ENTRY FROM WITHIN THE STATE OF SOUTH DAKOTA

This website and/or mobile application are not intended for use by persons under eighteen (18) years of age. Individuals under such age are strictly prohibited from using the this website and/or mobile application, submitting any personally identifiable information or using the offered services in any way. No person shall be eligible to claim or receive any prize(s) from the State who knowingly uses this website and/or mobile application in violation of the aforementioned age restriction and/or South Dakota state law.

INDEMNIFICATION

You agree to defend, indemnify, and hold the State harmless including employees, contractors, agents, officers, and directors from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief, and expenses (including reasonable attorneys' fees) that arise out of or are related to your use of this website and/or mobile application, your violation of these Terms & Conditions, or your violation of any third party rights.

CHOICE OF LAW AND JURISDICTION

These Terms & Conditions shall be governed by the laws of the State of South Dakota without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms & Conditions and/or your use of this website and/or mobile application must be resolved in the state or federal courts situated in the State of South Dakota, Hughes County. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms & Conditions may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to the rights and remedies otherwise available at law, the State shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If the State seeks any equitable remedies, the State shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms & Conditions is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms & Conditions unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by the State of a breach of any provision of these Terms & Conditions shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms & Conditions. Any waiver must be in writing. Failure by the State to insist upon strict adherence to any term of these Terms & Conditions on one or more occasions shall not be considered a waiver or deprive the State of the right to insist upon strict adherence to that term or any other term of these Terms & Conditions. These Terms & Conditions shall not constitute a waiver of any Sovereign Immunity on behalf of the State.

TERMINATION

The State reserves the right, in its sole discretion, to terminate your access to all or part of this website and/or mobile application, with or without notice, for any reason or no reason, including without limitation to your violation of these Terms & Conditions.

RELATIONSHIP TO APPLICATION DISTRIBUTOR

These Terms & Conditions are between you and the State and not with any third party authorized to distribute this website and/or mobile application from which you directly receive your copy of this website and/or mobile application (the “Distributor”). The State, not the Distributor, is solely responsible for this website and/or mobile application and the content thereof.

To the extent the State chooses, in its sole discretion, to provide any maintenance or support services with respect to this website and/or mobile application, the State and/or its authorized service providers will be solely responsible for the same. The Distributor has no obligation whatsoever to furnish any maintenance or support services with respect to this website and/or mobile application, unless otherwise agreed to by the State and the Distributor.

To the extent that you make any claim with regard to this website and/or mobile application or your use of this website and/or mobile application, such claim shall be made against the State and not against the Distributor.  This statement is not, and shall not to be construed as, a waiver of the State’s Sovereign Immunity.

Without limiting the “Disclaimer of Warranties” or “Limitation of Liability” provisions in these Terms & Conditions, in the event any third party claims that this website and/or mobile application or your possession and use of this website and/or mobile application infringes such third party’s intellectual property rights, you, not the Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

The Distributor, and the Distributor’s subsidiaries, are third party beneficiaries of these Terms & Conditions, and upon your acceptance of the terms and conditions of these Terms & Conditions, the Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions against you as a third-party beneficiary hereof.

PRIZE CLAIMS AND WAGERS

The information made available through this website and/or mobile application shall not constitute evidence of an official lottery ticket or claim for prize payment. Only an official ticket purchased at a South Dakota Lottery licensed retailer location may be the basis for a valid South Dakota Lottery claim. Only South Dakota Lottery licensed retailers are authorized to sell and validate South Dakota Lottery tickets. All lottery claims are subject to validation by the South Dakota Lottery in accordance with ARSD 48:03:03:02.

CONTENT

The information available through this website and/or mobile application is for entertainment purposes only. This website and/or mobile application displays information relating to previously played games and does not actively play those games nor change the results of those previously determined outcomes. While every attempt for accuracy is made, the information displayed on this website and/or mobile application may not be accurate, and in such cases will have no legal force or effect. A claim may not be premised on human, electronic, or other error in the communication, display or transmission of data, however recorded, displayed, or transmitted, nor premised upon any intentional human, electronic, or other form of communication or transmission of data that has not been authorized by the South Dakota Lottery. User is solely responsible for verifying any winning number information related to an official South Dakota Lottery ticket, and may not claim any reliance on the information displayed by this website and/or mobile application, whether detrimental or otherwise.

ACCESSIBILITY

If you have any questions or concerns regarding the accessibility of this website and/or mobile application, please send an email to LOTTERY@STATE.SD.US.

PLAY RESPONSIBLY

The South Dakota Lottery designs its games and products to be a fun form of entertainment. We encourage players to Play Responsibly. For resources to help with problem gambling, please visit the Play Responsibly page on our website, https://lottery.sd.gov/responsible-play/.

CONTACT US

If you have any questions about these Terms & Conditions, you can contact us at
Phone: 1-605-773-5770
Email: lottery@state.sd.us

In addition, our mailing address is

South Dakota Lottery
711 E. Wells Ave.
Pierre, SD 57501

These Terms & Conditions were last updated on January 30, 2023.