(a) The NWT Sport & Recreation Council (“SRC”), a not-for profit organization, is the operator of NWT and Nunavut Lotteries under the sole authority of the Western Canada Lottery Corporation (“WCLC”). WCLC is authorized to manage and conduct lotteries within the territorial limits of the Northwest Territories and Nunavut.
(b) SRC administers the sale of WCLC products (such as Lotto 6/49, Lotto Max, Pro-line and Scratch n Win tickets) through official retail outlets across the Northwest Territories and Nunavut. SRC administers the website, WHENYOUPLAY.CA (the “Website”), in support of the sale of WCLC products across the Northwest Territories and Nunavut.
(c) SRC, in accordance with WCLC regulations, does not authorize the sale of lottery tickets to minors or the cashing of tickets by minors.
2. General Statement of Website Use
(a) All use of this Website is subject to the terms, conditions and restrictions stated below.
3. Limitations and Disclaimers in Favour of SRC
(a) Information featured on this Website is not official information with respect to WCLC products. In the event of any discrepancy between information featured on this Website and WCLC official information with respect to WCLC lottery products, the latter shall prevail.
(b) SRC shall use reasonable efforts to ensure the accuracy of information featured on this Website, including but not limited to winning numbers, prize information, sports odds, sports results, sports calculators and winners’ stories. However, no warranty of accuracy is expressly made or implied.
(c) SRC may change or update the information on this Website without notice.
(d) SRC provides the information on this Website on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
(e) SRC does not endorse, warranty or encourage the downloading or any content, files, graphics or other data in digital or other format from this Website. Any and all downloading is at user’s own risk and user assumes the risk of computer viruses or other malicious programs encountered or downloaded onto user’s systems without limitation of any kind.
(f) In no event will SRC, its directors, officers, employees, agents or content providers be liable, whether in contract, tort or otherwise, to any party for any losses or damages of whatever nature, including without limitation, any damages for lost profits, business interruption, loss of programs or other data, arising in any manner from:
(i) the use of this Website, whether directly or through a hyperlinked site,
(ii) the use of any other website linked to this Website by hyperlink or otherwise,
(iii) modification or discontinuance of all or part of this Website,
(iv) any errors, omissions, inaccuracies, or any misleading or out-of-date information, whether contained on this Website or as received by the user of this Website; or
(v) resulting from any harmful programming code that could install itself on the Website or be transmitted via the Website, even if SRC, its directors, officers, employees or agents were aware or should have been aware that such loss or damage could occur.
4. Links to and from Third-party Sites
(a) This Website may contain links to websites maintained by third parties. The linked sites are not under the control of SRC and SRC is not responsible for the contents of, or the privacy practices of, any linked site or any link contained in a linked site. SRC provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by SRC.
(b) SRC cannot control which websites link to the Website. No such link should be construed as an endorsement by SRC of any such third-party site.
5. Copyright, Trademark(s) and Intellectual Property
(a) This Website may contain proprietary notices with respect to copyright, whether made by SRC or other parties. The terms of such proprietary notices with respect to copyright must be observed and followed by all users of this Website. Unless otherwise specified in writing by SRC or the applicable third party copyright owner, no user may copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify, exploit or make public or commercial use of, in any form, this Website or any part thereof.
(b) Any and all trademarks and logos featured on this Website are either licensed to or the property of SRC. Their use by others is not authorized and no logo, graphic, sound or image from this Website may be copied or re-transmitted unless expressly permitted by SRC. Unless otherwise specified, no one has the permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify, exploit or make public or commercial use of, in any form, the information contained on this website.
6. Applicable Law
(a) This Website (excluding linked sites) is controlled by SRC from within the Northwest Territories. By accessing this Website, you agree that the statutes and laws of the Northwest Territories shall apply to all matters relating to, arising from or incurred by use of this Website.