Player Agreement - Terms and Conditions of Use for PlayOLG.ca

1. Introduction

This PlayOLG.ca Player Agreement – Terms and Conditions of Use for PlayOLG.ca contains the terms and conditions that govern the use of OLG's PlayOLG.ca online gaming. By checking the "accept" box, a Prospective Player or a Player is confirming that he or she understands and agrees to be bound by the terms and conditions of this Agreement. If a Prospective Player or a Player does not agree with any of the terms and conditions of this Agreement, the individual (i) is not permitted to register an account with PlayOLG.ca, and (ii) if the individual already has a Player Account (as defined in Section 2 below), he or she is not permitted to log-in to his or her Player Account and play any Games or purchase any products that are offered on or through PlayOLG.ca.

OLG reserves the right to revise this Agreement from time to time in such manner as OLG, in its sole discretion, determines to be appropriate.  OLG will post a notice on PlayOLG.ca advising Prospective Players and Players when this Agreement has been revised, and Prospective Players (prior to registering an account with PlayOLG.ca) and Players (prior to logging into their Player Account) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date.  Each Prospective Player and Player is responsible for familiarizing him- or herself with all of the terms and conditions of this Agreement and ensuring that he or she understands and agrees to be bound by them prior to registering an account with PlayOLG.ca or logging-in to his or her Player Account.

In the case of a Prospective Player or a Player breaching or otherwise failing to comply with the terms and conditions of this Agreement, OLG will have the right to exercise any or all of the remedies described in this Agreement or otherwise available to it at law or in equity.  Those remedies may include, for example, (i) the right to terminate a Prospective Player's or a Player's eligibility to register or maintain a Player Account, (ii) to lock, suspend and/or deactivate a Player Account, and (iii) to retain any or all Unutilized Funds (as defined in Section 2 below) associated with a Player Account.

2. Definitions

The following terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings:

  • "AGCO" means the Alcohol and Gaming Commission of Ontario and the successors thereof;
  • "AGCO Standards" means the Registrar's Standards for Gaming prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
  • "Agreement" means this Player Agreement – Terms and Conditions of Use for PlayOLG.ca, as amended or replaced from time to time by OLG;
  • "Bonus Funds" means a notional amount corresponding to Canadian dollars that is loaded into a Player Account by OLG. Winnings from wagers placed with Bonus Funds are added to Bonus Funds. Bonus Funds, subject to the applicable Bonus Funds Terms, can be used by a Player to play Pay-to-Play Games or Draw-Based Lottery Games Played Online, or both, without charge to the Player;
  • "Bonus Funds Terms" has the meaning specified in Section 7.1.  Subject to Section 3 of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement;
  • "Break" has the meaning specified in Section 9.3.1;
  • "Business Day" means any day other than a Saturday, a Sunday, a statutory holiday in Ontario or any day on which banks are not open for business in Toronto, Ontario;
  • "Chargeback" has the meaning specified in Section 5.4;
  • "Cookie Policy" means the PlayOLG.ca Cookie Policy, as amended or replaced by OLG from time to time.  Subject to Section 3, the Cookie Policy is incorporated into and forms part of this Agreement;
  • "Dormant Account" means a Player Account that is described in Section 10.2.2 but does not include the Player Account of a Self-Excluded Individual;
  • "Downtime" has the meaning specified in Section 12.2;
  • "Draw-Based Lottery Game Played Online" means any of the games made available through PlayOLG.ca from time to time that: (i) constitutes a "lottery scheme" for purposes of the Criminal Code (Canada), (ii) requires the Player to select a set of numbers or other play elements (whether chosen by the Player and/or randomly generated), and (iii) has its outcome or result being determined by a draw, but does not include any Pay-to-Play Game or any Play-for-Free Game.  Examples of Draw-Based Lottery Games Played Online include LOTTO 6/49, LOTTO MAX and ENCORE;
  • "Error" has the meaning specified in Section 12.1;
  • "Error Funds" has the meaning specified in Section 12.1;
  • "Excluded Individual" means an individual who is not permitted to register an account with PlayOLG.ca or, if the individual already has a Player Account, to maintain that Player Account in an activated state, including:
    1. an individual who does not satisfy all of the eligibility criteria that are described in Section 4.1 of this Agreement;
    2. an individual who has been excluded from PlayOLG.ca by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
    3. an individual who is prohibited from accessing a gaming site or playing lottery schemes under Standard 3.1 or Standard 3.2 of the AGCO Standards, or any other relevant provision of the AGCO Standards from time to time;
    4. an individual who has registered for Self-Exclusion from a Casino (as defined in the AGCO Standards), for the duration of the period of Self-Exclusion (see Section 9.4.1 for further information);
    5. a Self-Excluded Individual;
    6. an individual who is an employee of OLG or who, by contract or another arrangement with OLG, is prohibited from registering an account with PlayOLG.ca; and
    7. an individual who is an employee of an "iGaming vendor" or "an iGaming entity" (as such terms are defined in the OLG Rules Respecting iGaming Lottery Games (as such rules are amended or replaced from time to time).
  • "FINTRAC" means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof;
  • "Future Game Transaction" means a "lottery subscription" (as such term is defined in the OLG Rules Respecting iGaming Lottery Games) order for a Draw-Based Lottery Game Played Online;
  • "Games" means, collectively, Draw-Based Lottery Games Played Online, Pay-to-Play Games and Play-for-Free Games;
  • "iGaming System" means the system that is used by OLG for the purpose of registering and administering Player Accounts, facilitating the playing of Games by Players, and paying Prizes;
  • "Inactive Account" means a Player Account that is described in Section 10.2.1 but does not include the Player Account of a Self-Excluded Individual;
  • "Intending Player" means an individual described in Section 4.1;
  • "Lottery Game Rules" means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by OLG or the Interprovincial Lottery Corporation from time to time (in addition to this Agreement) which apply to a Draw-Based Lottery Game Played Online and which are designated by OLG as Lottery Game Rules.  Subject to Section 3, the Lottery Game Rules are incorporated into and form part of this Agreement;
  • "Mobile Applications" means Apple or Android applications developed by OLG that Prospective Players and Players can install on their mobile device, such as mobile phone or tablet, and through which select Games are made available to eligible Players from time to time;
  • "OLG" means Ontario Lottery and Gaming Corporation and the successors thereof;
  • "OLG IP Rights" has the meaning specified in Section 11.3;
  • "Pay-to-Play Game" means any of the games made available through PlayOLG.ca from time to time that: (i) constitutes a "lottery scheme" for purposes of the Criminal Code (Canada), (ii) requires the Player to place a bet or make a wager as a condition to entering the game, and (iii) affords the Player a chance to win a Prize, but does not include any Draw-Based Lottery Game Played Online or any Play-for-Free Game.  Examples of Pay-to-Play Games include casino style games such as roulette and slots, as well as peer-to-peer games such as poker;
  • "Pay-to-Play Game Rules" means the terms, conditions, explanations, rules and procedures (for example, how a Prize is won, the value and odds of winning Prizes for an individual Pay-to-Play Game, the Prize tiers within a Pay-to-Play Game) issued by OLG from time to time (in addition to this Agreement) which apply to a particular Pay-to-Play Game and which are designated by OLG as Pay-to-Play Game Rules.  Subject to Section 3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
  • "Player" means an individual (for certainty, other than an individual who is or becomes an Excluded Individual) who has successfully registered a Player Account that has not been suspended, deactivated, locked or closed;
  • "Player Account" means a Player's account of notional funds corresponding to Canadian dollars that is maintained on the iGaming System, and also includes the Player's registration information, deposit and withdrawal transaction history and game-play information that the Player can access through PlayOLG.ca from time to time;
  • "Player Contact Information" means a Player's contact information that is associated with a Player Account and stored in the iGaming System at the relevant time including, for example, the Player's name, e-mail address, mailing address and telephone number;
  • "Player-Initiated Transaction" has the meaning specified in Section 10.2.1;
  • "Play-for-Free Game" means any of the free games made available through PlayOLG.ca from time to time that constitutes a "lottery scheme" for purposes of the Criminal Code (Canada) but does not afford a Player a chance to win a Prize;
  • "PlayOLG.ca" means OLG's website and Mobile Applications through which select Games are made available to eligible Players from time to time;
  • "Player Support" means PlayOLG.ca's customer support services, which can be contacted in accordance with Section 15.1;
  • "Privacy Policy" means the PlayOLG.ca Privacy Policy, as amended or replaced by OLG from time to time.  Subject to Section 3, the Privacy Policy is incorporated into and forms part of this Agreement;
  • "Prize" means a prize won by a Player from a Game in accordance with the applicable Lottery Game Rules or Pay-to-Play Game Rules;
  • "Prospective Player" means any individual who visits PlayOLG.ca but is not a Player;
  • "Reinstatement", in the case of a Self-Excluded Individual, has the meaning specified in Section 9.4.4;
  • "Self-Excluded Individual" has the meaning specified in Section 9.4.1;
  • "Self-Exclusion" has the meaning specified in Section 9.4.1;
  • "Unutilized Funds" means any notional funds corresponding to Canadian dollars that are credited to a Player Account, including Prizes but excluding Bonus Funds, that have not been used by the Player; and
  • "Username and Password" means a unique combination of identifiers created by a Player that is used by a Player to identify him- or herself to the iGaming System each time the Player wants to access his or her Player Account.

3. Additional Documents Comprising Part of this Agreement

This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:

  1. the applicable Lottery Game Rules and Pay-to-Play Game Rules;
  2. the applicable Bonus Funds Terms; 
  3. the Cookie Policy; and
  4. the Privacy Policy

In the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precedence shall be in descending order of clauses (a) to (d) above, except that this Agreement (excluding the cookie Policy and the Privacy Policy) shall rank below the applicable Bonus Funds Terms and above the Cookie Policy and the Privacy Policy for such purpose.

4. Registration of a Player Account

4.1 - Eligibility to Register a Player Account

Only Players are allowed to play Games through PlayOLG.ca.  An individual who desires to become a Player (an "Intending Player") must satisfy the following criteria, as determined by OLG in its sole discretion:

  1. the Intending Player must not already be a Player.  A Player is only entitled to have one Player Account.  The registration or attempted registration of more than one Player Account will constitute a material breach of this Agreement;
  2. the Intending Player must be at least 18 years of age.  Only Players who are at least 19 years of age will be able to play Pay-to-Play Games and Play-for-Free Games.  All Players who are at least 18 years of age are eligible to play Draw-Based Lottery Games Played Online;
  3. the Intending Player must be an Ontario resident;
  4. the Intending Player must be physically located in the Province of Ontario each time the Player plays any of the Games;
  5. the Intending Player must not be an Excluded Individual;
  6. the Intending Player must be an individual who is acting on his or her own behalf.  The Intending Player must not be acting for or on behalf of anyone other than him- or herself, whether as an agent or otherwise; and
  7. the Intending Player must submit true, complete and accurate information when providing registration information.

An Intending Player may only register an account online using the PlayOLG.ca website; an Intending Player may not register an account using Mobile Applications.

An Intending Player who does not satisfy all of the foregoing criteria is not eligible to register an account with PlayOLG.ca or to become a Player.  OLG, in its sole discretion, may require additional information or documentation from an Intending Player prior to completing the registration of a Player Account or at any time thereafter, including for the purposes of confirming a Player's identity or other Player Contact Information and in order to investigate any other suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity). A failure of the Intending Player to satisfy any of the foregoing will constitute a material breach of this Agreement.

OLG will disclose an Intending Player's registration information to third party service providers for the purposes of authenticating some or all of the registration information that has been provided to OLG by an Intending Player and to otherwise confirm that an Intending Player has satisfied the foregoing criteria and is eligible to register a Player Account.  In addition, OLG may similarly disclose information in respect of a Player from time to time for the purposes of (i) confirming the Player's continued eligibility to maintain a Player Account, (ii) investigating any suspected breaches of this Agreement (including any suspected fraudulent or dishonest activity), and (iii) exercising any of OLG's other rights described in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.

By providing any information or documentation to OLG, the Intending Player (or the Player, as the case may be) consents to the use and disclosure of such information by OLG for any and all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this Agreement by reference pursuant to Section 3.  Please see the Cookie Policy and the Privacy Policy for additional information regarding the collection, use, disclosure and storage of personal information by OLG.

The Intending Player is required to create an appropriate nickname. The nickname must be socially acceptable, in OLG’s sole judgement.  OLG, in its sole discretion, may take steps to rectify an inappropriate nickname, including but not limited to changing the nickname, locking or closing the account.

4.2 - Player Account Information

Information that is submitted by an Intending Player who is registering an account with PlayOLG.ca must be true, accurate and complete at the time it is provided to OLG and such information must remain true, accurate and complete following the registration of a Player Account.  If any of such registration information changes following the registration of a Player Account, it is the Player's sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement and, if necessary, to update the Player's information in the Player Account by going to the My Account page.

OLG may, from time to time, disclose a Player's registration information to third party service providers for the purposes of confirming that the Player's registration information remains true and accurate.  In addition, OLG may, at any time in its sole discretion, request additional information and documentation from a Player for this purpose.

You consent that OLG, and its third party service providers, can collect personal information/player information. You consent that this information can be used and disclosed outside of the province of Ontario. This consent enables the following services to be provided: i) verification of identity; ii) payment processing; iii) location verification; iv) analytics (e.g., web site usage); v) customer relationship management and player support; vi) email services; and vii) technical support of PlayOLG.ca.

The failure to update Player Account information in a timely manner will constitute a material breach of this Agreement by the Player.  Following the registration of a Player Account, if OLG discovers that any of the registration information associated with a Player Account which is then on file in the iGaming System is not true or is no longer accurate or complete (including, for example, because a Player's circumstances have changed and the Player did not update his or her information that is associated with the Player Account), OLG may take all steps in relation to the Player or the Player Account that OLG determines, in its sole discretion, to be appropriate.  For example, these steps may include locking or deactivating the Player Account, investigating any security issues and, in the case of suspected or actual identity theft or fraud, disclosing all relevant information to the appropriate law enforcement authorities and other third parties that OLG determines to be appropriate (for example, the AGCO, OLG's payment processors, and credit card issuers and brands).

OLG may require a Player to provide additional information and documentation if OLG, in its sole discretion, determines that the additional information or documentation is needed to comply with applicable laws or regulatory requirements, or if OLG considers the collection of such information or documentation to be necessary or advisable in order to prevent fraud or other illegal activity (whether suspected or actual) or to otherwise address a suspected or actual breach of the terms and conditions of this Agreement, or to confirm a Player's identity or entitlement to receive Unutilized Funds. Without limiting the generality of the foregoing, a Player will be required to provide to OLG such information and documentation as OLG may determine that it requires in order to comply with its FINTRAC reporting obligations. All such information that is provided to OLG will be stored in the iGaming System on servers located in the Province of Ontario. By providing such additional information or documentation to OLG, the Player will be deemed to represent and warrant to OLG that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original.

4.3 - Password Security

When registering for a Player Account, an Intending Player will be required to create a Username and Password.  Following the registration of a Player Account, the Player is solely responsible for maintaining the security and secrecy of the Player's Username and Password, including related security or verification questions and answers.  A Player is not permitted to disclose the Username and Password to any other individual (including other Players, Prospective Players, family members or minors), and only the Player is permitted to use the Username and Password to log-in to the relevant Player Account.  Without limiting the generality of the foregoing, a Player is not permitted to use his or her Username and Password for the purpose of giving any other individual access to the Player's Player Account for any reason.  All transactions (for example, changes to registration information and Player Contact Information, deposits, withdrawals, Game play and lottery ticket purchases) made through a Player Account following the correct entry of a valid Username and Password will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.

If a Player intentionally or unintentionally discloses his or her Username and Password to anyone else, or if the Player suspects that someone else might have discovered the Player's Username and Password (whether or not such other person has used or attempted to use the Player's Username and Password), the Player must immediately change the Username and Password on PlayOLG.ca and notify Player Support regarding the compromise or possible compromise of the original Username and Password.

A Player can change his or her password at any time by going to the My Account page.

4.4 - Player Accounts

A Player can access the details of his or her Player Account through the PlayOLG.ca website by going to the My Account page including, for example, to see the following information:

  1. the Player's registration information, including Player Contact Information;
  2. the Player's Username and Password, as well as related security questions and answers;
  3. the current notional balance of the Player Account;
  4. the financial transaction history associated with the Player Account; and
  5. the game-play history associated with the Player Account.

If a Player discovers any inaccuracy or error in the information that is contained in his or her Player Account, or if the Player suspects that such an inaccuracy or error may exist, regardless of who is responsible for the inaccuracy or error, the Player is required to immediately contact Player Support.

PlayOLG.ca is a personal entertainment website.  A Player may only use his or her Player Account for personal purposes.  A Player is not permitted to use PlayOLG.ca or any component thereof (including a Player Account) or any content included on PlayOLG.ca for any business, commercial or public purpose or for any other purpose that OLG advises the Player from time to time is not permitted.

A Player Account is not the property of the Player and cannot be assigned or transferred to or shared with any other person by the Player for any purpose.

5. Deposits into Player Account

5.1 - Funding a Player Account

In order to play Games (other than Play-for-Free Games) on PlayOLG.ca, a Player is required to have a positive notional balance of funds in his or her Player Account.  OLG will not extend credit to Players.  If a Player Account does not have sufficient funds for a Game at the time that the bet, wager or purchase is to be made, then the bet, wager or purchase will not be made and the Player's entry into the Game will be rejected.  A Player is solely responsible for ensuring that his or her Player Account contains sufficient funds for a Game (including any Future Game Transaction), and OLG does not undertake any obligation or responsibility for notifying a Player if he or she does or may have insufficient funds available to play a particular Game prior to rejecting the relevant transaction (provided that the foregoing will not restrict OLG's ability to so notify a Player).

In addition, subject to certain exceptions, any monetary Prizes from Games that are played through PlayOLG.ca will be loaded to the Player Account by means of a credit to the notional balance of such Player Account.  The withdrawal of funds representing such Prizes from a Player Account will be subject to the terms and conditions of this Agreement.  Instructions for claiming non-monetary Prizes will be provided to Players by OLG from time to time.

5.2 - Means of Depositing Funds

A Player may fund his or her Player Account by depositing funds (in Canadian dollars only) with OLG by means of:

  1. a Visa or MasterCard credit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa or MasterCard credit card for such purpose.  Players should be aware that some credit card issuers may treat the funding of a Player Account as a cash advance and charge a fee for each such credit card transaction.  Any cash advance fee or other fees relating to the use of a credit card are the Player's sole responsibility.  A Player should familiarize him- or herself with the terms and conditions that govern the use of his or her credit card prior to using it to fund a Player Account.  OLG or its payment processing service providers may store credit card information on servers located outside of Ontario, but within Canada.  In addition, OLG and its payment processing service providers may use and disclose aggregated credit card transaction information for various analytical purposes relating to their respective businesses (but not relating to a specific or identifiable Player).  By using a credit card to fund a Player Account, the Player expressly consents to OLG or its payment processing service providers, or both, storing credit card information located on servers located outside of Ontario, but within Canada, and using and disclosing aggregated credit card transaction information for the purposes described in this paragraph; or
  2. a Visa Debit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa Debit card for such purpose.  A Player should familiarize him- or herself with the terms and conditions that govern the use of his or her Visa Debit card prior to using it to fund a Player Account.  OLG or its payment processing service providers may store Visa Debit card information on servers located outside of Ontario, but within Canada.  In addition, OLG and its payment processing service providers may use and disclose aggregated Visa Debit card transaction information for various analytical purposes relating to their respective businesses (but not relating to a specific or identifiable Player).  By using a Visa Debit card to fund a Player Account, the Player expressly consents to OLG or its payment processing service providers, or both, storing Visa Debit card information located on servers located outside of Ontario, but within Canada, and using and disclosing aggregated Visa Debit card transaction information for the purposes described in this paragraph; or
  3. a Debit Mastercard issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Debit Mastercard for such purpose. A Player should familiarize him- or herself with the terms and conditions that govern the use of his or her Debit Mastercard prior to using it to fund a Player Account. OLG or its payment processing service providers may store Debit Mastercard information on servers located outside of Ontario, but within Canada. In addition, OLG and its payment processing service providers may use and disclose aggregated Debit Mastercard transaction information for various analytical purposes relating to their respective businesses (but not relating to a specific or identifiable Player). By using a Debit Mastercard to fund a Player Account, the Player expressly consents to OLG or its payment processing service providers, or both, storing Debit Mastercard information located on servers located outside of Ontario, but within Canada, and using and disclosing aggregated Debit Mastercard transaction information for the purposes described in this paragraph; or
  4. an Interac Online payment from a Player's bank account that the Player is an authorized user, as defined by the bank, to access for such purpose. When Interac Online is selected as the payment option, a Player will be redirected to the online banking website for his or her bank. OLG will not collect online banking log-in or password information. A Player should familiarize him- or herself with the terms and conditions that govern the use of his or her bank or financial institution's online banking website prior to using it to fund a Player Account, including whether the bank or financial institution will charge any fees relating to the use of Interac Online. All such fees are the Player's sole responsibility.

No other means of funding the notional balance of a Player Account are permitted as of the date of this Agreement.

The merchant associated with any deposit transaction will be "Ontario Lottery and Gaming Corporation".

Each time a Player uses a credit card, Visa Debit card, Debit Mastercard or Interac Online to make a deposit with OLG for purposes of funding the notional balance of a Player Account, he or she will be deemed to represent and warrant to OLG that the Player has all necessary rights and authority to use such credit card or the funds in the relevant bank account for such purposes, including in circumstances in which the credit card or bank account is jointly held with one or more other persons or is held by a person other than the Player.

OLG will hold a Player's monies that are deposited with OLG for purposes of funding the notional balance of a Player Account in a bank account or escrow account as trustee for the Player (not as banker or debtor).  Notwithstanding anything to the contrary contained in this Agreement, OLG will deal with a Player's money that has been deposited with OLG as a trustee, and nothing contained herein shall create or give rise to any obligation on the part of OLG to repay any money to the Player as the Player's debtor.  For the avoidance of doubt, a Player Account is not a bank account and, therefore, is not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system.  Funds deposited with OLG for purposes of funding the notional balance of a Player Account, and monetary Prizes that are credited to a Player Account, will not accrue interest for the benefit of the Player, and the Player shall not be entitled to claim any interest from OLG in respect of any such funds.

In the event that any amount becomes owing to OLG by the Player under or in accordance with the terms of this Agreement, OLG shall have the right to deduct such amounts from the Player's Unutilized Funds and to adjust the notional balance of funds in the Player Account accordingly without the requirement for any advance or further notice to be provided to the Player by OLG.

5.3 - Deposit Limits

In addition to any deposit limits established by a Player, OLG (in its sole discretion) may restrict a Player's ability to fund the notional balance of a Player Account.  For example, OLG may:

  1. establish minimum and maximum amounts of funds that may be deposited by a Player with OLG for the purpose of funding the notional balance of a Player Account, on a transaction-by-transaction basis or during one or more time periods.  As of the date of this Agreement, the minimum deposit amount for a single deposit by a Player is $15, and a Player is not permitted to deposit more than a total of $9,999 per week (from Monday through Sunday);
  2. limit the number of different credit cards that a Player can use to fund a Player Account.  In addition, a particular credit card may not be registered with more than one Player Account;
  3. restrict a Player's ability to change deposit methods during specified periods of time;
  4. restrict a Player's ability to change certain credit card information or otherwise impose conditions prior to changing credit card information (for example, requiring that the Player contact Player Support); or
  5. change acceptable methods of payment.

Prior to a Player depositing any money with OLG for the purpose of crediting his or her Player Account, subject to the deposit limits set by OLG, the Player will be required to set a maximum weekly deposit limit (applicable from Monday through Sunday) for his or her Player Account.  A Player who subsequently desires to change his or her personal weekly deposit limit may do so subject to the following:

  1. if the Player is lowering the maximum limit, the change will have immediate effect; and
  2. if the Player is increasing the maximum limit (subject to any limits prescribed by OLG in its sole discretion), the change will not become effective until a seven-day "cooling off" period has elapsed.

Further information about deposit limits that are available on PlayOLG.ca can be found by clicking on Getting Started, FAQs and selecting PlaySmart FAQs.

5.4 - Chargebacks

A "Chargeback" occurs for the purposes of this Agreement when a credit or debit cardholder contacts the bank or other financial institution that issued the card to initiate a refund for a payment transaction that was made using the card or the account associated with the card, and the bank or financial institution requests that OLG return the relevant funds.

If a Player funds the notional balance of his or her Player Account and thereafter a Chargeback occurs in respect of all or part of the deposit transaction, OLG (or any of its third party service providers) may take any or all of the following actions, in each case as OLG, in its sole discretion, determines to be appropriate:

  1. lock the Player Account pending resolution of any dispute relating to the Chargeback.  If a Player Account is locked in such circumstances, the Player will not be able to log-in to the Player Account or to withdraw any Unutilized Funds until the Player Account is unlocked unless OLG, in its sole discretion, determines otherwise, and all Future Game Transactions associated with the locked Player Account will be suspended and/or cancelled (i.e., no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account is locked will be completed);
  2. request that the Player contact Player Support to explain the circumstances of the Chargeback;
  3. debit the Unutilized Funds in the Player Account with the amount of the Chargeback.  If that debit results in a negative balance of Unutilized Funds in the Player Account, the amount of the negative balance will constitute a debt owed by the Player to OLG, and OLG reserves the right to recover such amount from the Player;
  4. deactivate the Player Account and exclude the Player from playing Games on PlayOLG.ca (i.e., deem the individual to thereafter be an Excluded Individual); or
  5. initiate a dispute resolution process with the relevant bank or financial institution, which may include OLG providing evidence relating to the deposit transaction and/or Chargeback to a payment processing service provider and/or a bank or financial institution.

6. Withdrawals from a Player Account

6.1 - Methods of Withdrawing Unutilized Funds

Subject to certain exceptions, withdrawals of Unutilized Funds from a Player Account will be processed by means of an electronic bank transfer (in Canadian dollars only) to a bank account that is registered by the Player and which OLG has verified, to its satisfaction, is held by the Player at a bank or other financial institution acceptable to OLG in Canada.  A Player is not permitted to designate a bank account for such purposes that is not held by the Player (alone or together with other persons).

The Player acknowledges and agrees that:

  1. OLG will require the Player to submit documentation (by electronic upload via PlayOLG.ca or as OLG may otherwise instruct) that, in OLG's sole determination, evidences the Player's authority over the bank account that is to be registered.  For example, OLG may require a copy of a void cheque or a bank account statement, in either case which includes the Player's name, address and the bank account number, all of which must match the information associated with the Player Account that is stored in OLG's iGaming System;
  2. by submitting such documentation to OLG, the Player will be deemed to represent and warrant to OLG that such documentation is a true, accurate and complete copy of the original; and
  3. if the Player registers a bank account that is held jointly with one or more other persons, withdrawals of Unutilized Funds from his or her Player Account will be paid into such joint account and, therefore, may be accessed by the other account holders.

A Player will not be entitled to specify any other payment method or currency of payment for a withdrawal. For example, a Player will not be able to withdraw Unutilized Funds to a credit card even if the Player used a credit card to deposit funds with OLG for purposes of funding the notional balance of his or her Player Account.  OLG, in its sole discretion, may from time to time return Unutilized Funds to a Player by other appropriate means.

6.2 - Withdrawal Limits

Subject to the terms and conditions of this Agreement, a Player may withdraw Unutilized Funds from his or her Player Account up to the then-current balance of Unutilized Funds.

A Player will not be entitled to withdraw Unutilized Funds from a Player Account through PlayOLG.ca at any time that a Player Account is locked unless OLG, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted.  If a Player Account is locked and the Player wants to make a withdrawal of Unutilized Funds, the Player must contact Player Support.

A Player will not be entitled to withdraw Unutilized Funds using Mobile Applications at any time.

OLG may from time to time specify minimum and maximum withdrawal amounts applicable to Player Accounts.  As of the date of this Agreement, the minimum amount of a single withdrawal of Unutilized Funds by a Player is $5, and there is no maximum amount of a single withdrawal of Unutilized Funds by a Player.  If a Player wishes to withdraw less than the specified minimum amount, the Player must contact Player Support.

OLG may from time to time limit the number of withdrawals of Unutilized Funds by a Player that a Player can make during a specified period of time.  As of the date of this Agreement, a Player is permitted to make only one withdrawal of Unutilized Funds per day.

OLG may require a Player to provide additional information and documentation prior to processing a withdrawal of Unutilized Funds from a Player Account if OLG, in its sole discretion, determines that the additional information or documentation is needed to comply with applicable laws or regulatory requirements, or if OLG considers the collection of such information or documentation to be necessary or advisable in order to prevent fraud or other illegal activity (whether suspected or actual) or to otherwise address a suspected or actual breach of the terms and conditions of this Agreement, or to confirm a Player's identity or entitlement to receive Unutilized Funds.  Without limiting the generality of the foregoing, a Player will be required to provide to OLG such information and documentation as OLG may determine that it requires in order to comply with its FINTRAC reporting obligations.  All such information that is provided to OLG will be stored in the iGaming System on servers located in the Province of Ontario.  By providing such additional information or documentation to OLG, the Player will be deemed to represent and warrant to OLG that such information is true and accurate or that such documentation is a true, accurate and complete copy of the original.

6.3 - Withdrawal Processing Times

Following a Player's request to withdraw Unutilized Funds from his or her Player Account and the satisfaction of all other terms and conditions for a withdrawal (including providing any required information or documentation to OLG), in most circumstances OLG will be able to process the withdrawal within three Business Days.  In some circumstances, a longer period of time for processing a withdrawal may be required.  OLG will not be required to notify the Player of any delay associated with the processing of a withdrawal of Unutilized Funds or the reason for such delay unless additional information or documentation is required to be provided by the Player.

7. Bonus Funds Terms

7.1 - Bonus Funds

From time to time OLG may, in its sole discretion, whether for promotional purposes or otherwise, offer to upload Bonus Funds into a Player Account, subject to the Player (in his or her discretion) accepting the offer of the Bonus Funds.  Bonus Funds have a notional monetary value only, so they are not Unutilized Funds at the time they are awarded.  A Player is not entitled to receive Bonus Funds unless OLG, in its sole discretion, determines that Bonus Funds should be offered to a particular Player.  A Player will not be obligated to accept Bonus Funds. A Player can forfeit Bonus Funds at any time by contacting Player Support.

OLG will have the right to determine the qualification criteria for all promotions and awarding of Bonus Funds.  The criteria will be specified in the terms and conditions that OLG determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with the applicable terms and conditions relating thereto (the "Bonus Funds Terms").  All Bonus Funds Terms will be deemed to be incorporated by reference in this Agreement, and in the event of any inconsistency between the Bonus Funds Terms and the terms and conditions of this Agreement, the Bonus Funds Terms shall govern to the extent of the inconsistency.

The awarding and availability of Bonus Funds are in OLG's sole discretion.  The use of Bonus Funds may be limited to specific Games and specific periods of time, and Bonus Funds may expire and be cancelled if they are not used prior to a specified date or time.  The applicable Bonus Funds Terms should be consulted.  In addition, OLG may cancel Bonus Funds that have been uploaded into a Player Account at any time in its sole discretion.

7.2 - Using Bonus Funds

If a Player who wants to play Games (other than Play-for-Free Games) has both Bonus Funds and Unutilized Funds in his or her Player Account (regardless of whether the awarding of the Bonus Funds preceded or followed the credit of notional funds to the balance of the Player Account, whether resulting from a deposit of funds with OLG by the Player or the winning of a Prize by the Player), the Unutilized Funds will be used first to play the eligible Games until all of the Unutilized Funds have been utilized, following which time the Bonus Funds will be used. Winnings from wagers placed with Bonus Funds are added to the Bonus Funds balance.

The Bonus Funds Terms may contemplate that certain Bonus Funds will become Unutilized Funds only after certain wagering requirements have been satisfied.  A Player should review the applicable Bonus Funds Terms prior to accepting an offer of Bonus Funds.  If a Player does not accept the applicable Bonus Funds Terms in their entirety, then the Player must not accept the relevant Bonus Funds.

8. Advertising

8.1 - Publishing Winner Information

OLG may publish the winner’s name, nickname (as selected on this site), town/city, prize amount, game name, draw date and paid date on OLG’s web site (PlayOLG.ca). Such information will not be published for longer than 30 calendar days.

9. Responsible Gambling

9.1 - Importance of Responsible Gambling

OLG contributes to the Province of Ontario's overall provincial strategy objectives that are set to prevent and mitigate problem gambling and its effects.  OLG's commitment to responsible gambling includes:

  1. supporting Players with information and tools to help them make healthy choices when they gamble;
  2. collaborating with independent organizations, professionals, and experts in responsible gambling; and
  3. providing referrals for people who want assistance related to problem gambling.

9.2 - Responsible Gambling Tools

PlayOLG.ca is committed to supporting Players to make responsible and informed gambling choices and offers a variety of play management tools to help Players manage the money and time they spend gambling.  Further information about the responsible gambling tools that are available on PlayOLG.ca can be found by clicking on Getting Started, PlaySmart FAQs and selecting PlaySmart FAQs and in the My PlaySmart Manager section of My Account available after logging into your PlayOLG.ca account.

9.3 - Breaks

9.3.1 - Definition

A Break is intended to provide a Player with a temporary break in Game play, for periods shorter than Self-Exclusion.  A Player may choose to go on a Break for any of the following periods of time: (i) one day; (ii) one week; (iii) one month; (iv) two months; or (v) three months.

9.3.2 - Effects of a Break

A Player who is on a Break will be able to:

  1. log-in to his or her Player Account;
  2. subject to the terms and conditions of this Agreement, withdraw Unutilized Funds from his or her Player Account; and
  3. access and use those parts of PlayOLG.ca that do not require a Player to use Unutilized Funds or Bonus Funds, including playing Play-for-Free Games.

A Player who is on a Break will not be able to:

  1. deposit money with OLG for the purposes of funding the notional balance of his or her Player Account;
  2. play any Pay-for-Play Game or Draw-Based Game Played Online.  When a Player is on a Break, all Future Game Transactions associated with his or her Player Account will be suspended (i.e., no purchase or other financial transaction in respect thereof that has not been completed at the time the Break is initiated will be completed) until the Break has ended;
  3. receive marketing communications relating to PlayOLG.ca which are sent by or on behalf of OLG.  OLG may need to communicate with a Player who is on a Break for other purposes, and OLG will not be prevented from doing so as a result of a Player being on a Break; or
  4. end the Break prior to the expiration of the selected Break period.

Upon the expiration of a Break, the foregoing restrictions on the Player Account will automatically be removed without the requirement for any action by or notice to the Player.

9.4 - Self-Exclusion

9.4.1 - Definition

"Self-Exclusion" is a self-help program that assists people to take steps to control or cease their gambling behaviour.  The Self-Exclusion program is designed to support those individuals who have made a personal commitment to reduce or eliminate their gambling.

A Player who is self-excluded from OLG's land-based gambling sites is ineligible to register an account with PlayOLG.ca or, if the Player already has a Player Account, to retain or log-in to his or her Player Account (in which case the Player will be deemed to be a Self-Excluded Individual and his or her Player Account will be deactivated).

A Player who registers for Self-Exclusion from PlayOLG.ca is not automatically excluded from gambling at OLG's land-based gambling sites.  However, at the time of registration for Self-Exclusion from gambling on PlayOLG.ca, the individual will be provided with access to information pertaining to Self-Exclusion for OLG's land-based gambling sites and how and where to register for the program.

An individual who has registered for Self-Exclusion from gambling on PlayOLG.ca is referred to as a "Self-Excluded Individual".

9.4.2 - Becoming a Self-Excluded Individual for PlayOLG.ca

A Player who has previously registered for a Player Account may choose to enter the Self-Exclusion Program by registering:

  1. online on the PlayOLG.ca website, by accessing the Self-Exclusion registration link on the My Account page; or
  2. online on the KnowYourLimit.ca website, by accessing the Self-Exclusion link.

Registered players may choose to seek the support of Player Support.  In these situations, the customer service representative will assist the individual with the online Self-Exclusion registration process.

A Player may choose to become a Self-Excluded Individual for any of the following periods of time: (i) six months; (ii) one year; or (iii) indefinitely.

9.4.3 - Effect of a Player Self-Excluding

OLG will record a Self-Excluded Individual's registration in the Self-Exclusion program in the Player Account, and the Self-Excluded Individual will not be permitted to log-in to his or her Player Account.

OLG will return to the Self-Excluded Individual the balance of Unutilized Funds that exists at the time of Self-Exclusion, in accordance with OLG policies and this Agreement.  All Bonus Funds associated with the Player Account of a Self-Excluded Individual will be cancelled.

Completed ticket purchases for Draw-Based Lottery Games Played Online will not be refunded. In the event that a ticket for a Draw-Based Lottery Game Played Online purchased prior to registering in the Self-Exclusion program is determined to be a winning ticket, any Prizes associated with that ticket will be paid in accordance with OLG prize claim policies and procedures.  All Future Game Transactions associated with a Self-Excluded Individual's Player Account will be cancelled.

9.4.4 - Reinstatement of a Self-Excluded Individual's Player Account

"Reinstatement" is the return to Internet gambling through PlayOLG.ca after a period of Self-Exclusion.  Although a Self-Excluded Individual may remain self-excluded indefinitely, after his or her chosen term of Self-Exclusion has expired, he or she may apply to return to gamble on PlayOLG.ca.

A Player may apply for Reinstatement by contacting Player Support, which will provide further information and instructions on the application process.

10. Deactivating a Player Account, Inactive Accounts and Dormant Accounts

10.1 - Deactivation of a Player Account by the Player

A Player may deactivate his or her Player Account at any time by contacting Player Support.  If a Player is no longer eligible to have a Player Account (for example, if the Player will be relocating to a jurisdiction outside of the Province of Ontario, or if the Player becomes an Excluded Individual), the Player is required to deactivate his or her Player Account.

If a Player deactivates a Player Account and Unutilized Funds remain in the Player Account at that time, OLG will return the Unutilized Funds to the Player's bank account that is associated with the Player Account, the details of which are stored by OLG on the iGaming System.  In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm that the bank account belongs to the Player), OLG will use reasonable efforts to contact the Player using the Player Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds.

10.2 - Deactivation of a Player Account by OLG

10.2.1 - Inactive Accounts

A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is for a Self-Excluded Individual.  For this purpose, a "Player-Initiated Transaction" means (i) a deposit of funds by the Player for the purpose of funding the Player Account, (ii) a withdrawal of Unutilized Funds from the Player Account, or (iii) a bet, wager or purchase of a Draw-Based Lottery Game Played Online or a Pay-to-Play Game, including a Future Game Transaction that has not expired or been suspended due to insufficiency of Unutilized Funds or for any other reason. For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated Transaction.  If the Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction.

A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.

An Inactive Account will be subject to the following monthly service fees ("Inactive Account Fees"), the amount of which OLG will be entitled to withdraw from the Unutilized Funds associated with the Player Account at the end of each month (or at any time thereafter) without the requirement for any advance or further notice to the Player:

  1. during each of the first 12 months that the Player Account is an Inactive Account, a monthly service fee of $2 per month (or if the balance of the Player Account is less than $2, then that balance);
  2. during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $10 per month (or if the balance of the Player Account is less than $10, then that balance); and
  3. during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $25 per month (or if the balance of the Player Account is less than $25, then that balance).

The maximum amount of Inactive Account Fees that OLG will be entitled to receive from a Player under this Agreement is equal to the lesser of (i) $234 and (ii) the amount of the Unutilized Funds associated with the Inactive Account.

10.2.2 - Dormant Accounts

An Inactive Account will become a Dormant Account if the Player does not successfully complete a Player-Initiated Transaction within the 24-month period immediately following the date on which the Player Account becomes an Inactive Account (i.e., the Player has not successfully completed a Player-Initiated Transaction for 36 consecutive months).  When a Player Account becomes a Dormant Account, the Player Account will be locked by OLG and the Player will not be able to log-in to or use the Player Account.  In such circumstances, OLG will deposit an amount equal to the Unutilized Funds as at such date into the bank account that is associated with the Player Account, the details of which are stored by OLG on the iGaming System.  In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm that the bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using the Player Contact Information to advise as to the status of the Player Account and the balance of Unutilized Funds.  If OLG is unable to contact the Player, the Player Account will be deactivated.

A Player who wishes to reactivate a Dormant Account must contact Player Support.

10.2.3 - Locking or Deactivation (Closing) of a Player Account in OLG's Discretion

OLG shall have the right to lock or deactivate a Player Account at any time in its sole discretion.

Except in the circumstances described below, if OLG deactivates a Player Account, OLG will deposit an amount equal to the Unutilized Funds as at such date into the bank account that is associated with the Player Account, the details of which are stored by OLG on the iGaming System.  In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account (for example, because the bank account has been closed or because OLG requires additional information in order to confirm that the bank account belongs to the Player), OLG will use its reasonable efforts to contact the Player using the Player Contact Information.  If OLG is unable to contact the Player, then OLG will retain the Unutilized Funds until OLG receives proper instructions relating to the disposition of such funds from the Player or his or her legal representative.

Notwithstanding the foregoing, if OLG deactivates a Player Account as a result of the occurrence of a material breach by the Player under this Agreement, OLG (in its sole discretion) shall be entitled to treat any or all of the Unutilized Funds as forfeited by the Player, in which case the Player will not be entitled to have the Unutilized Funds returned.

10.3 - Effect of Deactivation of a Player Account

When a Player Account is deactivated:

  1. any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to the deactivation will be cancelled;
  2. the Player will not be entitled to receive any offers for new Bonus Funds, and any existing Bonus Funds associated with the Player Account will be cancelled and the Player will not be entitled to receive any compensation in respect of the cancelled Bonus Funds; and
  3. this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.

10.4 - Reactivation of a Player Account

OLG will retain information relating to a Dormant Account in the iGaming System for up to seven years following the locking of such account.  If a Player Account has become a Dormant Account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account.  If a Dormant Account is reactivated, it will have the same account details as those which existed as of the date the Player Account became a Dormant Account.  In the event that any of the relevant information has changed (for example, the Player Contact Information), the Player will be solely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect.

11. Accessing and Using PlayOLG.ca

11.1 - Supply and Maintenance of Player Equipment and Services

Prospective Players and Players are solely responsible for supplying and maintaining all equipment, technology and services that they require to access and use PlayOLG.ca.  The performance or operation of PlayOLG.ca or any website or downloadable casino client or Mobile Applications that OLG may make available to Players from time to time may be affected by a Player's computer equipment, mobile device, Internet connection or other factors that are outside of OLG's control.  In some cases, a Prospective Player or a Player may not be able to access or use some or all of the components or functionality of PlayOLG.ca as a result of deficiencies in their own equipment or technology or the service providers retained by them.  For example, a slow Internet connection could adversely impact the performance or operation of PlayOLG.ca, or the settings on a Player's computer could cause some or all of the content of PlayOLG.ca to display incorrectly or to fail to display.

OLG makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of PlayOLG.ca or any component thereof on any Prospective Player's or Player's computer or other devices used to access PlayOLG.ca.

Players may require additional third party services to access PlayOLG.ca (e.g., Internet Service Provider agreement; Mobile Carrier agreement; Email Account; Text messaging service (SMS)). The Player is solely accountable for any agreements and charges related to these third party services. A Player should familiarize him- or herself with the terms and conditions that govern any such services prior to using them to access PlayOLG.ca.

11.2 - Downloadable Content

In order to access or use certain components of PlayOLG.ca, it may be necessary for a Prospective Player or a Player to download software (for example, certain casino games may require a flash player, or a Player may wish to use a downloadable casino client that OLG may make available to Players from time to time).

Certain third party product providers may require the Prospective Player or the Player to accept and agree to additional terms and conditions governing the use of their products.  It is the sole responsibility of the Prospective Player or the Player to determine whether he or she accepts and agrees to any such third party terms and conditions, and if the Prospective Player or the Player does not accept and agree to them, such third party product should not be used.

OLG shall not be liable for any direct or indirect damage to, or loss of data from, a Prospective Player's or a Player's equipment that may arise from or as a result of the access or use of PlayOLG.ca or any content, software or applications made available by or on behalf of OLG through PlayOLG.ca.

11.3 - OLG's Intellectual Property Rights

OLG is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect of PlayOLG.ca and the iGaming System, including the content of the foregoing, the Games and any written communications that are sent to Prospective Players or Players by or on behalf of OLG (collectively, "OLG IP Rights").  No Prospective Player or Player shall be deemed to be granted or to receive any rights in or to any of the OLG IP Rights except to the extent specifically contemplated in, and subject to the terms and conditions of, this Agreement.

11.4 - Viruses, Hacking and Other Offences

The access or use of PlayOLG.ca other than in accordance with the terms and conditions of this Agreement is strictly prohibited.

A Prospective Player or a Player shall not:

  1. knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to PlayOLG.ca, the iGaming System, any Game or any component of any of the foregoing;
  2. access or attempt to gain access to PlayOLG.ca, the iGaming System, any Game or any component of any of the foregoing that he or she is not entitled to access, including the servers on which PlayOLG.ca, the iGaming System or any Game is stored or any server, computer or database connected to PlayOLG.ca, the iGaming System or any Game.  The foregoing restriction includes any attempt to bypass any security mechanisms included in PlayOLG.ca, the iGaming System or any Game, including those which are intended to protect the security of Player's personal information;
  3. use any software program which, in OLG's sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player's participation in a Game;
  4. attack, whether alone or in combination with others, PlayOLG.ca by means of a denial-of-service attack or a distributed denial-of-service attack;
  5. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify or make any attempt to discover the source code of any software (or any part thereof) that is downloaded through or in connection with the access or use of PlayOLG.ca;
  6. copy, disclose (including, for example, by posting on any social media, blog, message board or other public forum), transmit or otherwise make available, or remove or alter, any of the content or material that is made available on or through PlayOLG.ca; or
  7. remove, obscure or alter any notice of any OLG IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or through PlayOLG.ca.

A failure to comply with this Section 114 will constitute a material breach of this Agreement by the Prospective Player or the Player.  In the event that any action that is prohibited by this Section 11.4 occurs, OLG (in its sole discretion) may deem it to be an Error for the purposes of this Agreement, and, in addition to this Section 11.4, Section 12.1 shall also apply in respect thereof.

11.5 - Collusion, Cheating, Fraud and Criminal Activity

Each Player is prohibited from engaging in, and is required to immediately notify OLG upon becoming aware that another Player is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any Game or other component of PlayOLG.ca, including in connection with the registration of a Player Account, the deposit of funds with OLG to the credit of the notional balance of a Player Account or the withdrawal of Unutilized Funds.

For the purposes of this Agreement, as examples only:

  1. fraud includes the unauthorized use of a credit card as a source of funds to be deposited to the credit of a Player Account;
  2. criminal activity includes money laundering; and
  3. an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of PlayOLG.ca (including any Game) or the exploitation of any Error.

OLG will use reasonable efforts to detect and prevent any such collusion, cheating, fraud or criminal activity by Players or the taking of any unfair advantage by Players, but in the event that any such activity occurs and another Player incurs any loss or damage, OLG will not be liable for any such loss or damage.

OLG shall have the right to notify all third parties which OLG, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any Player or the taking of any unfair advantage by any Player, including the appropriate law enforcement authorities and other third parties that OLG determines to be appropriate (for example, police services, the AGCO, OLG's payment processors, and credit card issuers and brands).

12. Errors and Unavailability of PlayOLG.ca

12.1 - OLG's Errors

A number of circumstances may arise where a Game-related bet, wager or purchase is accepted by OLG, or where OLG awards a Prize, credits a Player Account or processes a withdrawal, in each case in error (an "Error").  As examples only, Errors may include:

  1. where OLG misstates any Lottery Game Rules, Pay-to-Play Game Rules or Bonus Funds Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction;
  2. where OLG credits a Player Account, thereby increasing the amount of Unutilized Funds, as a result of a manual or computer input error; or
  3. where OLG deposits into a Player's bank account an amount that is greater than the amount of Unutilized Funds in a Player Account.

OLG reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and OLG's decision shall be final and binding.  Reference is also made to Section 13.3.

Neither OLG nor any of its employees, agents or service providers shall be liable for any loss incurred by a Player that results from any Error, including any loss of winnings that results from a forfeiture thereof by the Player as a result of the Error.  OLG shall use reasonable efforts to notify a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player.

In the event that OLG pays any money (i.e., by processing a withdrawal) to a Player as a result of an Error, the Player shall be deemed to hold such money in trust for OLG, and OLG shall have the right to recover such money through a correcting entry to the extent that funds are available in the Player’s Player Account and, if sufficient funds are not available, through a demand for payment to that person which demand the person shall immediately satisfy, to the extent of any deficiency, in accordance with OLG's reasonable instructions.

If an Error results in a credit to a Player Account (the amount of such credit being "Error Funds"), any subsequent Game-related bet, wager or purchase may be deemed by OLG to have been made using the Error Funds, and (i) OLG may cancel such bet, wager or purchase, and (ii) if any Prize in respect thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the full amount of such Prize in trust for OLG, and (iii) upon OLG making a demand for the return of such Prize, the Player shall immediately return the Prize to OLG in accordance with OLG's reasonable instructions.

12.2 - Unavailability of PlayOLG.ca

OLG intends to make PlayOLG.ca available on a 24-hour basis, 7 days a week.  However, from time to time it will be necessary to limit or restrict access to all or parts of PlayOLG.ca ("Downtime"), including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by OLG in its sole discretion.  During a period of Downtime, some or all of the functionality of PlayOLG.ca may not be available.  As examples only, it may not be possible to:

  1. deposit funds with OLG for purposes of crediting the notional balance of a Player Account;
  2. withdraw Unutilized Funds;
  3. play Games; or
  4. check a Player's transaction history.

OLG will use reasonable efforts to notify Players in advance of planned Downtime by posting notices at PlayOLG.ca or through other appropriate means as determined by OLG in its discretion.  However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond OLG's control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach.  Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable to withdraw Unutilized Funds through PlayOLG.ca or if Bonus Funds expire during the period of any Downtime.

13. Breach of this Agreement by a Player

13.1 - Not a Material Breach

If a Prospective Player or a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement (actual or deemed), OLG will use reasonable efforts to notify the Prospective Player or the Player of the breach and, if such breach is of a nature that can be remedied, provide a reasonable period of time (as determined by OLG) during which the Prospective Player or Player may remedy the breach.  If the breach is not remedied to the satisfaction of OLG, then the breach shall be deemed to be a material breach of this Agreement.

13.2 - Material Breach

If a Prospective Player or a Player fails to comply with any term or condition of this Agreement and such breach is or is deemed by OLG to be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of OLG specified in this Agreement, OLG may exercise any or all of the following remedies as OLG, in its sole discretion, determines to be appropriate in the circumstances, in each case without the requirement for prior notification to the Prospective Player or the Player or any remedial period:

  1. lock the Player Account until such time as the breach is remedied to OLG's satisfaction;
  2. request that the Player contact Player Support to explain the circumstances of the breach, or to provide such information and documentation relating thereto as OLG may request;
  3. deactivate the Player Account and exclude the Player from playing Games on PlayOLG.ca;
  4. notify any third parties which OLG, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example, police services, the AGCO, OLG's payment processors and credit card issuers and brands); or
  5. retain any or all of a Player's Unutilized Funds to the extent necessary to compensate OLG for its actual and/or potential losses and liabilities resulting from such breach.

13.3 - Disputes

Except as otherwise provided in the Lottery Game Rules or the Pay-to-Play Game Rules, no claim or dispute by a Player with regard to any bet, wager or purchase of a Game, including the outcome of such Game, will be considered by OLG (i) in the case of a Draw-Based Lottery Game Played Online, more than 12 months following the date on which the Game is completed, and (ii) in the case of a Pay-to-Play Game, more than [30 days] following the date on which the Game is completed.

OLG's records, as maintained in the iGaming System (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online), will be the final authority in determining the circumstances of a Player's participation in the relevant Game and the results of such participation.  In the event of a disagreement between the result that appears on a Player's screen and the relevant Game servers (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online), the result that appears in the Game servers (and/or OLG's central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online) will prevail.

A Prospective Player or a Player who wishes to make a complaint about OLG or any aspect of PlayOLG.ca may do so by contacting Player Support or otherwise contacting OLG in accordance with Section 15.1.  A Prospective Player or a Player may also contact the AGCO (OLG's regulator) using the contact information in Section 15.2.

14. Limitations of Liability

14.1 - OLG's Liability

Except as otherwise provided in the applicable Lottery Game Rules or Pay-to-Play Game Rules, OLG's maximum liability to a Prospective Player or a Player under this Agreement or otherwise in respect of the accessing or use of PlayOLG.ca shall not exceed:

  1. the value of the bets, wagers or purchases placed by a Player via his or her Player Account in respect of the relevant bet, wager, purchase or Game that gave rise to the relevant liability;
  2. the amount of applicable monies, where such monies have been improperly directed by OLG or misplaced by OLG; or
  3. an aggregate of $1,000 in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by OLG or any of OLG's service providers, or anyone acting on behalf of OLG or any of OLG's service providers.

14.2 - Exclusions from OLG's Liability

Notwithstanding anything to the contrary contained in this Agreement, a Prospective Player or a Player shall not have the right to claim damages under or in connection with PlayOLG.ca or this Agreement or for breach of this Agreement by OLG, in tort, in contract or on any basis whatsoever to the extent that any loss claimed by the Prospective Player or the Player is:

  1. for punitive, exemplary or aggravated damages;
  2. for loss of profits, loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption;
  3. a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Prospective Player or the Player; or
  4. not reasonably foreseeable by OLG arising out of this Agreement or the use of PlayOLG.ca.

PlayOLG.ca will be operated with reasonable skill and care substantially as described in this Agreement.

OLG does not make any other promise, representation or warranty regarding PlayOLG.ca or any of the Games or other products or services that are made available on or through PlayOLG.ca, and except as specifically included in this Agreement, OLG hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.

Prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person, other than those of OLG which are included in (or expressly incorporated by reference into) this Agreement.

15. Contacts

15.1 - Contacting OLG

A Prospective Player or a Player may contact OLG's Player Support at any time as follows:

  1. by using real-time chat, available through PlayOLG.ca;
  2. by e-mail, playersupport@playolg.ca.  OLG will endeavour to respond to e-mails within one Business Day.  If the e-mail address from which OLG receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, OLG will not provide any information relating to your Player Account when responding to your e-mail.  In such circumstances, you may be requested or required to contact OLG by using real-time chat or by telephone; or
  3. by telephone, 1 855-978-PLAY (7529).

15.2 - Contacting AGCO

OLG is regulated by the AGCO.  A Prospective Player or a Player may contact the AGCO regarding any aspect of PlayOLG.ca as follows:

Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4

Tel: 416-326-8700 or 1-800-522-2876 (toll free in Ontario)

15.3 - Contacting a Player

OLG, or anyone acting on behalf of OLG, shall be entitled to contact a Player with respect to any matter contemplated in this Agreement by using any of the Player Contact Details.  OLG's other communications with a Player or a Prospective Player will be subject to the terms and conditions of the Cookie Policy and the Privacy Policy.

16. General Provisions

16.1 - For purposes of this Agreement, unless otherwise stated:

  1. "day" means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM;
  2. "week" means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
  3. "month" means a calendar month;
  4. all times are expressed in Eastern Time;
  5. all monetary amounts are references to lawful currency of Canada (i.e., Canadian dollars); and
  6. "including" is deemed to mean "including without limitation" and shall not be deemed limited by the specific enumeration of items;

16.2 - This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

16.3 - Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is declared invalid, unenforceable or illegal by a court of competent jurisdiction, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Agreement.