Last updated on 1st January 2015.
The Delaware State Lottery offers its internet lottery services through its authorized video lottery agent HarringtonGamingOnline.com (the “Video Lottery Agent”) and through the Video Lottery Agent’s "HarringtonGamingOnline.com" brand (the "HarringtonGamingOnline.com Brand"). In addition to offering its internet lottery services via the internet, (the "Internet Platform"), the Delaware State Lottery may from time to time offer its services through the Video Lottery Agent’s HarringtonGamingOnline.com Brand via alternative platforms such as (i) interactive television and (ii) mobile gambling platforms (each, an "Alternative Platform").
When you use the Delaware State Lottery’s internet lottery services on the HarringtonGamingOnline.com Brand either via the Internet Platform or an Alternative Platform, this End-User License Agreement (the "Agreement") shall apply to such use to such extent as is applicable to the circumstances. When used in this Agreement, the terms “we” “our” and “us” mean the Delaware State Lottery and the Video Lottery Agent, and their respective directors, officers, employees and agents. In addition, as used in this Agreement, the term "service provider" means an entity or a person which provides any service in connection with the internet lottery services, including without limitation, provision of software components on the Internet Platform or the Alternative Platform, customer support and other customer facing services as well as one or more of the games provided on HarringtonGamingOnline.com.
2. Acceptance of Terms and Conditions
3. Location Verification
If we employ, the Mobile Phone Location Service, your location coordinates will be verified each time you login to your account and in 15 minute intervals when you are logged into your account. Periodic reminders of your ongoing use of the Mobile Phone Location Service will be sent to your mobile device every 30 days. If you wish to continue using the Mobile Phone Location Service, no additional action will be needed.
To sign-up text YES to 13472425921. To cancel: Text STOP to 13472425921.
For Support text HELP to 13472425921 or email: email@example.com..
At any time, You may cancel our ability to obtain your location coordinates by texting STOP to 13472425921 or contacting us at firstname.lastname@example.org.
Message and Data rates may apply.
Additional terms associated with mobile location verification can be found here.
4. Permitted Participation
5. Information Technology/Intellectual Property
6. Your Representations and Undertakings
In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and agree that:
7. Prohibited Uses of the Sites and Services
8. Your Account
9. Payment Transactions and Payment Fraud
11. Obligations of the Delaware State Lottery and the Lottery Agent
12. NO WARRANTY
13. Limitations of Liability
14. Breach of these terms and conditions
16. Duration and Termination
18. Chat Feature
As part of your use of the Service we may provide you with a chat facility via which you will be able to communicate with other users of the Service. We reserve the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility you are subject to the following rules:
If you breach any of the above provisions relating to the chat facility, we shall have the right to remove your chat privilege or temporarily or permanently terminate your account. Upon such termination the Delaware State Lottery shall refund to you any funds which may be in your account over and above any amount which may be owing to us at such time (if any).
PLEASE NOTE: When using the chat facility any personally identifiable information that you submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send you unsolicited messages. We are not and shall not be responsible for the personally identifiable information that you choose to submit via the chat facility.
19. Customer Service Department and Special Promotions
20. Uninstall and Shortcut Additions
If you are using the download form of the Software and wish to have it uninstalled you will be able to do so via the Add/Remove Programs on your computer.
Please note that upon installation of the Software the following shortcuts shall be added to your computer's desktop:
If you choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules and monitor fraud attempts.
21. Minimum Hardware Requirements
In order to enjoy the Services, end-users are required to install a C++ application on their computers.
The minimum recommended specifications for the download version are:
Should the Adobe Flash Player version installed be incompatible with the requirement above, end-users will be prompted to download and install the required version.
22. Governing Law
This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the State of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.
23. Jackpot Winnings
Subject to Title, 29 § 4818, in the event of a jackpot of USD 20,000 or more in relation to the casino slots games, video slots, video poker or any other jackpot game you will be contacted by either the Delaware State Lottery and the Video Lottery Agent to gain permission to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Delaware State Lottery and the Video Lottery Agent and their Sites. If permission is granted, you will fully cooperate with our representatives in such regard.
24. Poker Related Provisions
You hereby acknowledge that all bets placed by you in relation to multi-player poker games are bets placed with other players and not bets placed with or against the Delaware State Lottery. We do not assume any risk whatsoever for bets placed between you and any other user of the Service. We do not under any circumstances either place or accept bets our self.
You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.
We provide multi-player poker games so as to provide a platform for players to play poker and to bet with each other using the Software. In consideration of this service we charge either:
Collusion: Collusion occurs when two or more players at a poker table attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who colludes or attempts to collude with any other player while using the Services may be permanently banned from using the Services or the Software or any other related services, their account may be terminated immediately and we shall be entitled to retain all monies in such player's account. We have developed and employ proprietary technology intended to seek out and identify players acting in collusion. If the Delaware State Lottery is informed about suspected collusive behavior, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and withhold all available funds from within the accounts. No player shall have the right to require the Delaware State Lottery, the Video Lottery Agent, or service provider to take any other steps against players suspected of collusion, cheating or any other form of fraud.
Chip-Dumping: Chip-dumping occurs when any player deliberately loses a hand in order to deliberately transfer his chips to another player. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Service or the Software and such player's account may be terminated immediately. If the Delaware State Lottery is informed about suspected Chip-Dumping, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and all monies in such player's account. In such circumstances the Delaware State Lottery, and the Video Lottery Agent will be under no obligation to refund to the relevant player any funds that may be in the account at such time.
If we have reason to suspect that an account or group of accounts are operating systematically – for example employing specific techniques or playing as a group, the Delaware State Lottery shall have the right to block or terminate all accounts and in such circumstances, the Delaware State Lottery, and the Video Lottery Agent shall be under no obligation to refund to you any funds that may be in your account, other than your original deposit amounts, if said amount remains.
Seating Aids: Without derogating from the prohibited use of Software Aids, you are not allowed to use any software program or external aid which, in our opinion, enables you to find a seat at a poker table or automatically seats you at a poker table (“Seating Aid”). We constantly review the use of the Services in order to detect the use of Seating Aids and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending player, terminating such player's account and seizing all monies held in such account. If the Delaware State Lottery is informed about suspected Seating Aids, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and all monies in such player's account.
Payment Disputes: Each player of the Services is fully responsible for paying any and all monies owed by it to other users of the Services and/or the Delaware State Lottery and the Video Lottery Agent . Any claim which a user of the Services may have for payment of winnings to it in respect of losing bets placed by another user of the Services are against that other user and not the Delaware State Lottery and the Video Lottery Agent. The Delaware State Lottery and the Video Lottery Agent are in no way responsible to pay you if any user of the Services fails to pay his debts for whatever reason, or for taking any action whatsoever against such users. All disputes that arise between users of the Services, including those relating to payment fraud, are not the responsibility of the Delaware State Lottery and the Video Lottery Agent.
If your account is associated with poker fraud in any way – for example through Chip Dumping, Collusion, or the receipt of fraudulent Money Transfers – your account may be terminated, and we will be under no obligation to refund to you the funds from your account. This is irrespective of whether your account can be proven as intentionally receiving funds from a fraudulent user.
In the event of a poker fraud investigation we are under no obligation to accept any explanation provided for the receipt of fraudulent funds. If such an investigation is resolved, and your account is reopened, we may choose to remove the amount of fraudulent funds from your bankroll.
No player shall have the right to require the Delaware State Lottery or the Video Lottery Agent to take any steps against players suspected of collusion, cheating or any other form of fraud. The Delaware State Lottery and the Video Lottery Agent will not provide information with regards to investigations or any subsequent outcome. You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Delaware State Lottery, the Video Lottery Agent or their service providers.
25. Live Poker
In order to play at the live poker video tables, you will need to have a video camera attached to your computer.
Players who sit out in a live poker game will be removed from the video table in order to free up the seat for other players on the waiting list (if such waiting list is not empty).
We reserve the right to limit the number of players "viewing" the live poker video tables and change such number from time to time at our sole discretion.
Your use of the live poker video tables is subject to the following rules:
In the event of your breaching any of the above provisions relating to misconduct at the live poker video tables, the Delaware State Lottery shall have the right to remove you from the poker room or take any other action deemed necessary, including either temporary suspension or permanent termination of your account.
In addition, the Delaware State Lottery has the right to deny prizes in promotions related to poker video tables to any entrants that it deems have breached any of the rules, including deliberately covering or obstructing the camera.
Nevertheless, the Delaware State Lottery, the Video Lottery Agent, and service provider shall not be responsible for any images posted on the webcams or for comments by our players thereon, and we will not be held liable for any perceived insult or injury. The Delaware State Lottery, the Video Lottery Agent, and service provider are not required to monitor such images and comments, or to inform you of any actions taken against a player once a complaint has been made.
Your participation in the live poker video table will be deemed to be your agreement for the Delaware State Lottery, the Video Lottery Agent, and service provider to use your name, audio, likeness, image and country for promotional and marketing purposes as it sees fit without the requirement for any payment and you hereby grant the Delaware State Lottery, the Video Lottery Agent, and service provider the right to do so.
You acknowledge and agree that the Delaware State Lottery, the Video Lottery Agent, and service provider may film and photograph the poker tables as well as stream live videos from same on the Sites.
You further understand and agree that by entering the live poker table any other players at the table will also be able to use and publish your image and audio without our control and you shall have no claims against us in such regard.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.