Terms of Service

a.Privacy Policy

By agreeing to these Terms, You are bound to our Privacy Policy. You explicitly acknowledge that any dispute associated with the Privacy Policy is subject to the limitations on liability and arbitration provisions of these Terms.

a.Eligibility

To be eligible to open an account, place an order for Tickets, and/or to claim any winnings, You must, at the time of account opening:

1. be of eligible age in the relevant jurisdiction (e.g., at least 18 years of age in Ohio);
2. be physically located in the United States of America (including the District of Columbia) and in a jurisdiction in which the Application is legally available for use;
3. not be a Prohibited Person;
4. provide accurate and complete personal information where requested;
5. update any changes to personal information and credit card and/or banking account information;
6. ensure the name on Your credit card(s) or bank account(s) matches the name on Your Account;
7. agree to and abide by these Terms and Privacy Policy while utilizing the Application;
8. comply with any other applicable laws, regulations, or legal requirements; and
9. meet any other requirements imposed by us at our discretion.

Heartland Lotto reserves the right to verify Your eligibility at any time. Any failure to comply may result in account suspension and/or termination. It is in our sole discretion to determine whether an individual is eligible to open and maintain an account.

b.Age & ID Verification

During the sign up process, we will verify Your age and identity prior to activating Your Account to ensure You are eligible to use our Services. Your age and identity will be verified through a third-party provider. If we are unable to automatically verify Your information, a Company employee will request identification documents to confirm You are of legal age and/or to verify Your identity. A User has 30 days to provide the requested documentation. If a User does not provide the requested documentation in the required timeframe or make any contact with the Company for 30 consecutive days, the Account will be suspended and no withdrawals will be permitted or the Account may be permanently closed at the Company’s sole discretion.

Heartland Lotto reserves the right to verify Your age and identity at any time. If at any time we are unable to properly verify You are of legal age or the Company becomes aware of fraudulent information regarding Your identity, we may suspend Your Account until such time that proper identification is provided to resolve the issue or close Your Account permanently.

The Company may request age or identity verification documents as part of our “Know Your Customer” procedures at any point in time, such as at account sign up, deposit, withdrawal of winnings and/or as part of our ongoing monitoring to comply with all state and federal laws and regulations, including any Anti Money Laundering (“AML”) requirements.

c.Prohibited Persons

The following persons (“Prohibited Persons”) are prohibited from opening and/or maintaining an account with the Company for its Services at any time:

1. Persons prohibited under any applicable law and/or regulation;
2. Persons who have self-excluded through any applicable state exclusion list in the applicable jurisdiction;
3. Persons who have submitted a request to the Company to self-exclude from the Services;
4. Persons located in unauthorized jurisdictions in which the Company does not offer Services;
5. Company employees, officers, directors, and direct or indirect owners and any immediate family member (spouse, parent, children, sister, and/or brother) residing in the same household;
6. Any person who does not meet the minimum eligibility, age and identity requirements, and
7. Any person the Company deems prohibited in its sole discretion.

If any person creates an account in violation of this section and the Company becomes aware of such unauthorized use, we will immediately terminate or suspend the account, withhold the account balance, and revoke the right to any pending Ticket(s) and/or corresponding winnings. The Company will use all reasonable efforts to exclude any Prohibited Persons from using Our Services. Users acknowledge and agree that the Company is not liable for any improper use of the Services as a Prohibited Person.

a.By creating an account and using our Services, You represent and warrant that:

1. You have read, understood, and acknowledged our Terms and Privacy Policy;
2. You are only permitted to have one (1) account;
3. You are responsible for protecting and maintaining the confidentiality of Your Account username and password, and accept responsibility for all activity and changes on Your Account;
4. You agree to notify us immediately, if You feel Your Account has been compromised or improperly accessed by contacting support@heartlandlotto.com;
5. Your Account is non-transferable, and You are strictly prohibited from sharing Your Account credentials or providing access to Your Account to any unauthorized individual;
6. If Heartland determines in its sole discretion that account sharing has occurred or that You created more than one (1) account, it may suspend or terminate Your Account immediately, withhold Your Account balance, and/or revoke Your right to any Tickets or winnings;
7. You accept full responsibility for any unauthorized use of Your Account that is a direct result of any sharing of account credentials in violation of these Terms;
8. Heartland will not assume any liability for any loss You may incur as a result of someone else using Your Account;
9. You have met all eligibility requirements pursuant to section 4(a) and that You are not a Prohibited Person pursuant to section 4(c);
10. All information provided during account creation is accurate, truthful, and complete, and that You agree to keep this information up to date;
11. You will not use the App or our Services in any manner that would be a breach or violation of any applicable local, state, or federal law or regulation;
12. You expressly consent to the collection, storage, processing, transmission, and sharing of Your data with third-party providers, inclusive of Your IP address, WiFi signal and other information, to establish Your physical location;
13. If Your location cannot be verified by our third-party providers, we reserve the right to prevent You from using our Services until Your location can be verified;
14. You understand that the name on Your Account must match the name on any Ticket order, and if You claim a Ticket in person, You must provide legal proof of identification that matches the name on the Account and Ticket order;
15. You agree that we are not liable for any violation of any applicable local, state, or federal laws or regulations that may occur as a result of Your use of our Services;
16. You understand that by using our Services that You may win or lose money and assume sole responsibility for any financial losses and agree that we are not responsible or liable for any losses;
17. You acknowledge that the funds You use to fund Your Account are not the result of illegal activity;
18. You will not engage in utilizing our Services in the furtherance of any criminal activity and will only use the App in compliance with all laws and regulations in any applicable jurisdiction; and
19. You indemnify Heartland, its directors, officers, employees and agents against any losses, expenses, harm, and costs, arising from any infringements by You of these ToS or Privacy Policy

b.Security

By accepting these ToS You acknowledge that You are responsible for ensuring the confidentiality of Your Account username and password on any device (e.g., computer, mobile device, etc.) You may use it to access our Services. You agree not to share Your Account credentials and understand Your Account may only be accessed by You. You also accept full responsibility for all activity on Your Account from Your devices. You agree to promptly notify us of any unauthorized use on Your Account or of any other fraudulent activity on Your Account.

c.Restrictions

Heartland will not be responsible or liable for any loss resulting from someone else using Your Account. If we suspect that You have been sharing Your Account or have transferred control of it to someone else in violation of these ToS, we reserve the right to immediately terminate or suspend Your Account, withhold Your withdrawable balance, revoke Your right to any State Lottery Tickets or corresponding winnings, and/or refuse any future use of our Services, as determined in our sole discretion.

If there is a dispute regarding the rightful holder of a State Lottery Ticket, Heartland will consider the individual whose name matches the Account profile to be the rightful owner. If You need Your name updated on Your Account, please contact us at support@heartlandlotto.com.

d.Requesting Account Closure

You may request closure of Your Account by sending an email to our Customer Support team at support@heartlandlotto.com. Heartland will close Your Account within seven (7) business days of receipt of Your request. We will send an email confirming receipt of the Account closure request, which will trigger the seven (7) day window. During this time, You will be responsible for ensuring that all withdrawable funds have been requested for withdrawal, as well as any activity pending or initiated on Your Account during this time. Please note that a request to close Your Account is not a request to elect a Cool-Off or Self-Exclusion period.

i.Outstanding Balance

You may request a closure of Your Account at any time, but we will not close Your Account until all pending or in-process fund requests have fully processed. If You request account closure with a positive balance on Your Account, we will automatically process a refund of the balance on Your Account to the last active payment method or by wire bank transfer, if applicable. If You have any questions regarding the return of the positive balance on Your Account, contact our Customer Support team at support@heartlandlotto.com.

e.User Misconduct

Your Account may be suspended and/or terminated for fraud, suspected fraud, violation of our ToS or Privacy Policy, any applicable law or regulation, or any other reason outlined within our ToS.

The termination of Your Account may result in forfeiture of Your Account balance, including winnings. If we suspend and/or terminate Your Account, we reserve the right to withhold in part or whole from Your Account balance the amount of any deposits, withdrawals, winnings, Promotional Credits, and/or revoke Your right to any State Lottery Tickets or corresponding prizes, which are attributable in any way to the events that caused the suspension and/or termination.

If Your Account has been suspended, You will not be able to login and access Your Account details during this time. Please contact our Customer Support team at support@heartlandlotto.com.

We reserve the right to notify the competent authorities of any suspected illegal activity, initiate any legal action, criminal or civil, to stop the breach, or seek any available remedies pursuant to applicable law.

a.Cool-Off

You may elect to take a temporary short break in play or a cooling-off period which allows You the option of suspending access to Your Account for a predefined period of time, ranging from 72 hours up to three (3) months, as selected by You, the User, through the App. During the selected cool-off period, You will not be able to log into Your Account or carry out any transaction, deposit, or use any related Services on the App. To withdraw funds during a Cool-Off, please contact our Customer Support Team at support@heartlandlotto.com. By selecting this option You acknowledge that the temporary suspension will only be lifted once the predefined period has elapsed. After such time, the Cool-Off will automatically be lifted and You will be able to access Your Account, the Services, and the App and carry out any transactions exactly from where You left it.

b.Self-Exclusion

You may elect to take a longer break in play or a self-exclusion period which allows You the option of suspending access to Your Account for a predefined period of time, ranging from six (6) months up to one (1) year, as selected by You, the User, through the App. During the selected self-exclusion period, You will not be able to log into Your Account until the Self-Exclusion has expired. To withdraw funds during a Self-Exclusion, please contact our Customer Support Team at support@heartlandlotto.com. After such time, the Self-Exclusion will automatically be lifted and You will be able to access Your Account, the Services, and the App and carry out any transactions exactly where You left it.

c.Deposit and Spend Limits

You may also elect to set deposit and spend limits through the App. If You wish to increase a limit, the time period for Your prior limit must first lapse. Once You impose limits on Your Account, we cannot reverse or change those limits for You until they expire. You can set a daily/weekly/monthly limit on the amount You can deposit, but not greater than $300 a day. You can set a daily/weekly/monthly limit on the amount You can deposit, but not greater than $600 a day.

a.Limited Use

Subject to the full compliance with these Terms, Heartland grants You a limited, non-exclusive, non-transferable, revocable right to receive, access, and use the App and related Services for Your personal, non-commercial purposes.

b.Restricted Use

As part of this agreement, You agree and acknowledge that You will not attempt to copy, extract, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate, adapt, or decode, in whole or in part, any information or data of the App. Nor will You attempt to sell, sublicense, transfer, or assign, any information, data, or features of the App to any third-party for any reason. Nor will You use the App or related Services in a manner prohibited by applicable laws and regulations, including in connection with any form of unlawful gambling. Should any of these actions occur during the limited use of the App, You will be solely liable for any damages, costs, or expenses incurred by us arising out of or in connection with the commission of these restricted activities.

c.Reservation of rights

You further acknowledge and agree that the App is provided under limited license and not sold to You. Heartland and its licensors and service providers reserve and retain their entire right, title, and interest in and to the App and related Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as those expressly granted to You in these Terms.

d.App Content

Heartland owns all rights, title, and interest in and to the App and its related Services including, but not limited to: all intellectual property, trademarks, logos, brand markings and elements, as well as all other content related to usage of the App.

e.Mobile devices/equipment

You are solely responsible for obtaining any mobile devices, equipment, or software necessary for Your use of the App. This also includes responsibility for any related fees such as, but not exclusive to, Internet connection and data usage fees, that are incurred when You access and use the App. Heartland does not guarantee that the App will function and be compatible with any particular mobile device nor does it warrant or accept liability for the operation of the mobile device or equipment used to access the App.

f.Term of limited license

Commences when You download the App and accept the Terms and will continue in effect until Your deletion of the App from Your devices and equipment or until our suspension or termination of Your right to use the App, whichever event comes first. The suspension or termination of Your limited license to use the App will not limit the Company’s rights and remedies at law or in equity.

a.Promotions

Non-withdrawable credits may be issued to Your Account, upon our discretion, for the sole purpose of ordering Tickets (“Promotions”). Only the winnings attributed to these Non-withdrawable credits may be withdrawn or used towards the purchase of additional Tickets. Heartland Lotto reserves the right to limit the use of, modify, or cancel any unused Promotional Credits. Promotions are limited to one use per User, may not be combined with any other Promotion, are only valid for a limited time, may be subject to additional terms and conditions, and are void where prohibited by law.

a.Funding with a Debit Card

The bank services for debit card transactions are provided by Paysafe Merchant Services Corp. By funding Your Player Account using a debit card, You agree to Paysafe Merchant Services Corp.'s Privacy Policy and Terms of Use.

If asked to enter the last 4 digits of Your social security number You agree to the following: “I certify, under penalty of perjury that: 1) The Taxpayer identification Number of Social Security number I provided is correct, 2) I am not subject to backup withholding because: a) I am exempt from back up withholding, or b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or c) the IRS has notified me that I am no longer subject to backup withholding, and 3) I am a U.S. citizen or other U.S. person; and 4) the FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require Your consent to any provision of this document other than the certifications required to avoid backup withhold”.

You must ensure that Your name on any State Lottery Ticket You place through the Services always matches Your debit account name. The authorized debit account holder will be deemed the State Lottery Ticket holder in the event of any dispute.

b.Funding with a Credit Card and Bank Account

If You fund Your Account with a credit card or bank account, You must ensure that all information provided is accurate and complete at all times. It is Your responsibility to update any changes to Your credit card information in Your Profile portion of Your Account. The name on the credit card must match the name on the Account. If Heartland Lotto detects any potential fraudulent activity associated with Your Account, we may cancel or suspend Your Account and reserve the right to cancel any Tickets ordered through the Account that are associated with the fraudulent payment, including any associated winnings that would have been received.

You agree and consent that Heartland Lotto may provide third-party providers with Your personal information to complete the transaction and You agree to abide by their applicable terms and conditions and privacy policies.

c.Funding With PayPal or Venmo

If You use Paypal or Venmo to fund Your Player Account, You agree to the applicable product’s Terms and Conditions and Privacy Policy, as may be updated from time to time.

You consent to Heartland Lotto to share Your identity and Account data with Paypal and/or Venmo, as applicable, for the purposes of supporting such Account, and You are responsible for the accuracy and completeness of that data.

You must ensure that Your name on any State Lottery Ticket You place through the Service always matches Your Paypal and/or Venmo account name, as applicable. The authorized account holder will be deemed the State Lottery Ticket holder in the event of any dispute. Furthermore, Your funding source used through PayPal and/or Venmo must be a permitted funding source for ordering lottery Tickets in the jurisdiction in which You place Your order.

d.Auto-fund

We allow Users to use auto-funding, which automatically funds their Account with a specified amount when the Account balance drops below a minimum amount. When You select auto-fund, You will choose the minimum threshold, deposit amount, which must be equal to or greater than the minimum threshold, and the payment method for auto-funding. If You select a credit card or debit card as Your auto-fund method, we will charge that card for the amount specified. If You choose a bank account, we will automatically debit Your bank account by the amount specified for Your auto-fund. You will receive an email notification following any auto-fund.

a.Chargebacks

By accepting these ToS, You acknowledge and agree that You are responsible for any and all fees You may incur whether legally or through a financial institution that may be associated with any disputed charges, reversals, and chargebacks or insufficient funds for any order, either fulfilled or attempted. Heartland Lotto may charge You a fee in the event that we incur any bank or legal fees. You will be notified via email of any chargebacks or fees and they may be deducted from Your Account, if it has sufficient funds to cover such charges. If Your Account does not have sufficient funding to cover such charges, You will not be allowed to place any orders on Your Account until all charges are paid in full. We may in our sole discretion choose to suspend or close Your Account for overcharges or insufficient fund charges or notifications. We reserve the right to withhold any present or future winnings to cover any bank or legal fees incurred due to disputed charges, reversals, chargebacks, or insufficient funds related to Your Account.

a.Withdrawable Credits

When a User has a Winning Ticket with a prize value of less than $600, the amount will be automatically credited to the Account in the form of Withdrawable Credits. The Withdrawable Credit amount is converted on a one to one ratio to US dollars and is eligible to be withdrawn to an eligible bank account. If a User has a Winning Ticket with a prize value greater than $600, it may only be claimed from the relevant State Lottery in the applicable jurisdiction.

b.Non-withdrawable Credits

An Account may also have Non-withdrawable Credits, which may be used to place new orders, but are ineligible to be converted to US dollars for withdrawal to an eligible bank account. Non-withdrawable Credits may arise from account funding, referrals, promotions, contests, compensation, and refunds. All credits are non-withdrawable, if they are not attributable to winnings.

c.Promotional Credits

Heartland Lotto may in its sole discretion offer Promotional Credits to be used in conjunction with a qualifying Ticket order in the App. The Promotional Credits are only valid for a limited time and the discounts will only apply to qualifying items, as described in the promotional terms and conditions. Promotional Credits are limited to a single use and may not be combined with other offers. Any applicable sales tax that may apply to the redemption of the Promotional Credits on the applicable order is the sole responsibility of the User. Promotional Credits are void where prohibited by law and only good while supplies last.

a.Placing a Ticket Order

To order a Ticket across a variety of games, You will need to log in to Your Heartland Lotto account and select the game of Your choice. You are responsible for reviewing the rules of the game. Each lottery game page will include information You need to play the game and will include a link to the State Lottery Website’s official rules. You will then make Your selection and pay for Your order.

Heartland Lotto will send You a notification once Your order has been confirmed and processed. We will make the scanned image of Your Ticket available in the “Orders” section of the App. Heartland Lotto will purchase an official State Lottery Ticket from a licensed retailer on Your behalf. Once You place Your order in App with Heartland Lotto, we will process Your order by purchasing Tickets from our official State Lottery retail partner, which are non-refundable.

a.Requesting a withdrawal

A User may request a withdrawal of eligible withdrawable funds by logging in to their Account and requesting withdrawal of the available Withdrawable Credits. A request may not be less than $1.00. You can withdraw the selected amount to an eligible bank account via ACH and RTP (real-time payment), or direct to a successfully verified debit card.

Heartland Lotto will process all withdrawal requests within 48 hours. Once a request for withdrawal is approved, it can take up to 3 business days for the funds to appear in Your bank account depending on the withdrawal method selected.

A request for withdrawal may be rejected/returned for security reasons or if You do not have a valid bank account on file. If Your withdrawal request is rejected/returned for any reason, the funds will be automatically credited back to Your Heartland Lotto account.

You will be required to contact Heartland Lotto customer support (support@heartlandlotto.com) to follow-up on any rejected/returned withdrawals as there may be action required by You to release the funds.

In the event of a User’s death, all available Withdrawable Credits will be paid in accordance with these ToS, to the executor or similarly functioning representative under his/her last will and testament or, if there is no will, in accordance with the laws of the state of his/her legal residence. Heartland Lotto may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the Withdrawable Credits is entitled to them before paying the applicable Withdrawable Credits.

a.Limitation of Liability

Heartland is not liable for any damages of any kind, including any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of Your access to, and use of, the App or Services. This includes, but is not limited to, damages caused by any failure of performance, interruption, disruption, error, omission, deletion, defect, delay in operation or transmission, computer virus, security, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

b.Disclaimer of Warranties

Without limiting anything contained in the foregoing section, Heartland’s App and Services are provided “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY CLAIMS FOR DAMAGES WILL BE LIMITED TO THE PRICE OF EACH TICKET ORDER VIA THIS APP. Further, Heartland makes no warranties or representations as to the accuracy, adequacy, completeness, reliability, or timeliness of the data contained in the App and assumes no liability or responsibility for any errors or omissions contained therein. The Company makes every effort possible to ensure that the winning numbers and prize amounts posted in the App and highlighted on individual Tickets are accurate and available within a reasonable amount of time after winning numbers are drawn for each lottery drawing. However, in the event of an unforeseen error, the winning number and prize amounts in the official records of the State Lottery will stand as the final determination of prize monies owed to an Account. By using the App, You agree to waive any claim against Heartland for, or in connection with, the receipt of erroneous information. The Company takes numerous steps to ensure that the plays requested on the Ticket match exactly to the plays on the Ticket Heartland physically purchases from licensed State Lottery retailers on Your behalf. However, in the event of an error, the plays included on the physical Ticket purchased in relation to Your order will stand as the final determination of prize monies owed to an Account. By using the App, You acknowledge that in the event of an error, Heartland is only liable for the purchase of the Ticket.

We cannot guarantee and do not promise any specific results from the use of the App or Services and no advice or information transmitted from or on behalf of the Company will create a warranty not expressly stated in these ToS.

Heartland may from time to time distribute content supplied by third-parties. Any opinions, advice, statements, services, offers, or or the information or content expressed or made available by third parties do not necessarily state or reflect the opinion of the Company and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by Heartland.

Heartland does not intend for the App or Services to be used by persons located in jurisdictions where use of the Service is prohibited or restricted. You agree that the availability of the Service does not constitute an offer, solicitation or invitation by the Company to use the Service in any jurisdiction where the Service is prohibited or restricted.

a.Class Action Waiver

You agree that You are voluntarily, knowingly, and intelligently, waiving Your ability to participate in or bring a class, collective, group litigation or arbitration of any kind against Heartland, under federal, state, local law or statute to the fullest extent permitted by law. You further agree that any claims, disputes, or arbitration You may raise against us will be brought only on an individual basis and You have no right or authority to bring or arbitrate a dispute as a part of a class, collective, or group action. If a dispute is filed as a class, collective, or group action and a court of competent jurisdiction finds that this Class Action Waiver (“CAW”) or a portion of it unenforceable, You agree that the portion of the claims to which the CAW are enforceable shall be resolved through arbitration prior to the start of litigation to resolve the claims to which the CAW was deemed unenforceable. Further, You agree that if a court of competent jurisdiction finds the CAW unenforceable for any reason, to the extent permissible under law, BOTH PARTIES WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL.

b.Arbitration

i.Time Limit For Bringing a Claim

You agree that regardless of any law to the contrary, any claim or causes of action arising out of these ToS or any Service provided by Heartland, must be submitted to arbitration within one (1) year or it will be forever barred. You also agree, unless otherwise provided by applicable law, that the one (1) year statute of limitations shall begin to run on the date of the alleged event that is the basis for the claim or cause of action.

ii.Informal Dispute Resolution

You agree to work directly with us to try and informally resolve any disputes prior to submitting it to arbitration. You can email support@heartlandlotto.com and we will work with You directly to try to resolve the question, disagreement, or complaint within 45 days of the date of submission. Please include as much detail as possible in Your email to help our support team expedite the process to resolve Your concern. If the claim cannot be resolved within that time period, it will be submitted for arbitration.

iii.Binding Arbitration

If You cannot resolve the complaint, disagreement, or cause of action with us through the Informal Dispute Resolution process, either You or the Company may initiate binding arbitration. You and we agree that all claims, disputes, or causes of action, arising from the use of any product or Service of Heartland, including use of the App, any Tickets, Winnings, these ToS, and/or the relationships between You and the Company will be resolved through binding arbitration administered by Judicial Arbitration and Mediation Services Inc. (JAMS) in accordance with JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The Parties agree, a single neutral arbitrator will be selected and have exclusive authority to resolve all complaints or disputes noted above and including the formation, interpretation, application, validity, enforcement of the ToS. Each Party at their own expense, may engage legal counsel to assist them in the arbitration and each Party is responsible for their respective fees and costs associated with initiating and pursuing arbitration. If the Parties agree, the arbitration may take place by phone, online, or through completed using written submission in lieu of in-person appearance. If compelled to appear in person, the arbitration will take place in the jurisdiction where the Ticket was purchased. The arbitrator may award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Their decision will be made in writing and bind both, You and Heartland. The judgment to enforce the decision may be entered by any court of competent jurisdiction.

iv.Mass Arbitration

In order to more efficiently resolve the arbitration process, You agree that if 20 or more individual claims of a substantially similar nature to Yours are filed against Heartland, that group of claims including Yours, will be resolved through mass arbitration. You and we further agree that the term of a “substantially similar nature” means claims that arise from the same or similar set of facts or event(s), raise the same or similar set of legal issues, legal counsel for the Parties submitting the claims are the same or coordinated, or the claims are seeking the same or similar relief raised within 90 days of the first claim. If mass arbitration is initiated, involving Your claim, JAMS will administer the process per the stated JAMS Mass Arbitration process. JAMS will appoint a single arbitrator to provide a resolution for each batch of claims. A batch shall contain no more than 100 individually filed claims of a substantially similar nature. The appointed arbitrator shall resolve their respective batch of claims through a consolidated arbitration which will include a single set of filings, procedural calendar, if necessary - a hearing, and one final award that shall apply to all claims in the batch. The administrative fees shall be applied per side, per batch of claims.

c.User’s Right to Opt-Out

You have the right to opt-out of the Arbitration Clause and CAW provisions by providing written notice to us within 30 days of Your Account being created. To do so, You must send an email to support@heartlandlotto.com within the 30 day time frame, stating Your decision to opt-out of the Terms of Service Class Action Waiver and Arbitration Clause. If You opt-out, Heartland is also not bound to arbitrate any claims in accordance with the arbitration provisions of these Terms. If You do not opt-out in accordance with the process described above, You will be bound by both the CAW and Arbitration Clause.