Termos de Serviço

LottoAmericana Terms of Service

Last Modified: February 17^th, 2025.

These LottoAmericana Terms of Service (“Terms of Service”) explain the terms that apply to you when you use the website located at [www.lottoamericana.com] (“Website”) and the services, content and other materials made available through the Website (“Services”) that are provided to you by LottoAmericana LLC (“LottoAmericana”, “we”, “us”, and “our”).

BY VISITING, ACCESSING, CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND LOTTOAMERICANA. IF YOU DO NOT AGREE OR ACCEPT THESE TERMS OF SERVICE, YOU SHOULD NOT VISIT, ACCESS, CREATE AN ACCOUNT NOR USE THE SERVICES.

WHEN ORDERING A STATE LOTTERY TICKET THROUGH LOTTOAMERICANA SERVICES, YOU ARE PLACING AN ORDER FOR A STATE LOTTERY TICKET AND NOT PURCHASING A STATE LOTTERY TICKET DIRECTLY. AS A SERVICE PROVIDER AND ACTING ON YOUR BEHALF, LOTTOAMERICANA WILL FULFILL THAT ORDER THROUGH A LICENSED RETAILER. LOTTOAMERICANA IS NOT A LICENSED RETAILER OF STATE LOTTERY TICKETS, OR AFFILIATED WITH, OR ENDORSED BY ANY STATE LOTTERY OR OTHER GOVERNMENT AGENCY.

1. Defined Terms

The following terms and their meanings are to help you understand these Terms of Service.

“Website” means all of the services offered on the website LottoAmericana.com.
“Designated Drawing” means the specific Lottery drawing that you are ordering a Ticket to enter using the Website.
“Lottery” means an official lottery game (e.g. MegaMillions);
“Lottery Pool” means any group of Tickets ordered by individual Users for which prizes will be shared.
“Non-Withdrawable Credits” means any credits that are not available for withdrawal to a bank account.
“Withdrawable Credits” means any credits that are available for withdrawal to a bank account.
“Personal Information” refers to data pertaining to a natural person that can easily identify that individual. This encompasses, among other details, an individual’s name, address, telephone number, date of birth, e-mail, password, and any other information utilized for identification on this Website. However, it’s noted that a domain name or Internet protocol address is not classified as Personal Information in this context.
“Play” means a single game entry.
“Pool Member” means any User that contributes a Pool Ticket to a Lottery Pool.
“Pool Ticket” means any Ticket contributed to a Lottery Pool.
“Private Group” refers to a group of one or more players meeting the following criteria: (i) established by a Private Group Creator on the Website; and (ii) accessible for joining by other Users solely through invitation from the Private Group Creator or through an alternative joining mechanism provided by them.
“Private Group Creator” designates any User responsible for creating a Private Group.
“Private Lottery Pool” denotes any lottery pool exclusively open to members of a Private Group as Pool Members.
“Public Lottery Pool” designates any Lottery Pool open to Users of the Website as potential Pool Members.
“Quick Pick” signifies any randomly generated Play.
“Regulator” represents the organization overseeing lottery activities within a specified jurisdiction (e.g., Ohio Lottery).
“Ticket” refers to any lottery ticket entered into a Designated Drawing.
“User” indicates any individual who opens and maintains an Account on this Website.
“Winning Ticket” denotes any Ticket securing a prize.
“Winning Pool Ticket” signifies any Pool Ticket obtaining a prize.
“You” and “Your” encompass every individual, group of individuals, entity, or entities visiting this Website for any purpose.

2. Updates to these Terms of Service

We reserve the right to change these Terms of Service at any time without prior notice. We will notify you by posting a notice on the Website or by sending a notice to the e-mail address on file. You are expected to keep your e-mail address updated in your Account. You must cease using the Website and provide written notice to suporte@LottoAmericana.com if you do not agree to the changes. We will automatically deactivate your Account and return any funds remaining in your Account, as detailed in these Terms of Service, unless you instruct us otherwise. You are expected to check these terms each time you access the Website so you are aware of any changes, as they are binding on you.

3. Eligibility

To create an Account, order Tickets, and/or claim prizes on the Website, you must meet all of the following conditions at the time of registration:

Be at least 18 years of age (as required by the Ohio Lottery).
Reside in Brazil.
Not be prohibited from using the Website or purchasing lottery tickets under the laws of any jurisdiction or the United States.
Consistently adhere to these Terms of Service.
Furnish accurate and complete personal information as requested, and promptly update LottoAmericana in case of any changes, including bank account details.
Ensure that the name on your bank account(s) matches the name on each of your ticket orders.
Abide by any other applicable laws, regulations, or legal requirements.

4. User Accounts

Account Registration: To establish an Account, navigate to the Website and complete the online registration procedure. You’ll need to furnish personal details, including your phone number and e-mail address. By consenting to these Terms of Service, you agree to receive SMS messages at the provided mobile number and e-mails at the specified e-mail address from LottoAmericana. To update your phone number or e-mail address, access your Account on this Website. If any information provided is inaccurate or outdated, or if LottoAmericana has reasonable grounds to suspect inaccuracies or outdated information, or if you cannot be reached for any reason, LottoAmericana reserves the right to suspend or cancel your Account, retain your Account balance, revoke your access to Tickets or corresponding prizes, and deny any current or future use of the Website (or any part thereof).
Age Verification: You must provide particulars including but not limited to your name, date of birth, postal code, and residence address. Additionally, you may be required to submit a picture of a government ID, with current (non-expired) driver’s licenses or identity cards deemed acceptable by LottoAmericana. By establishing an Account and providing your contact information on this Website, you undertake to provide accurate and current information about yourself and to promptly update your profile information if it changes following Account creation. You can modify your profile information by logging into your Account and effecting the necessary changes. For further assistance, please contact customer service at suporte@LottoAmericana.com. Any information collected by the Company will be subject to its Privacy Policy, available at https://LottoAmericana.com/politica-de-privacidade.
Marketing: You acknowledge and agree that LottoAmericana may dispatch e-mails containing information about lottery products, such as games and promotions, as well as notifications regarding your Account activity. You may opt-out of promotional e-mails by adhering to the instructions provided in the e-mails. Nonetheless, we will still communicate with you concerning administrative matters pertaining to your Account.
Account Security: Access to and utilization of your Account is strictly restricted to you as the registered User. You must promptly notify LottoAmericana at suporte@LottoAmericana.com if you detect fraudulent or unauthorized orders or suspect illicit use of your account login credentials.
One Account Per Person: Only one Account is permissible per individual, and shared accounts are strictly forbidden. To update the name on an Account (e.g., due to a name change resulting from marriage), please contact us at suporte@LottoAmericana.com. You will be required to provide verifying information, and all documentation must be complete and accurate.
Non-Transferability of Account: You may not transfer or share your account with any other party. Each individual must create their own Account, and the name on any Ticket order must correspond to the name on your Account. In the event of a dispute, the Account holder (i.e., the person or entity who opened the Account and provided payment information) is considered the holder of the Ticket.
Equipment Responsibility for Website Utilization: You are solely responsible for all equipment and software necessary to access and use the Website. You are also liable for any fees incurred, including but not limited to Internet connection or data usage fees, as well as SMS text usage fees, when accessing the Website.
Account Termination: Your Account may be suspended or terminated, and prize funds may be remitted to the state Lottery regulator (“Regulator”), if applicable, for reasons including but not limited to fraud or suspected fraud of any nature, violation or suspected violation of these Terms of Service, our Privacy Policy, or any applicable regulations, state or federal laws, or for any other reason as stipulated in the Terms of Service, including amendments thereto.

Users have the option to unsubscribe from the Website. To unsubscribe and deactivate your Account, please contact suporte@LottoAmericana.com. Upon unsubscribing, your Withdrawable Credits will be transferred to you in a reasonable manner at the discretion of LottoAmericana, and your Account will be deactivated. LottoAmericana is not obligated to permanently erase any data unless otherwise specified in our Privacy Policy. Users cannot deactivate their account if they have any pending or in-process lottery tickets or if their account is already locked.

5. Orders and Withdrawals

Withdrawable Credits

As outlined in Section 8, when a Winning Ticket has a prize value equal to or less than $600, the User will receive Withdrawable Credits in Brazilian reais, converted at prevailing exchange rates at the time of crediting.

Non-withdrawable Credits

Users may also possess Non-Withdrawable Credits, which can be utilized for new Ticket orders via the Website but cannot be transferred to a User’s eligible bank account. Any credits issued to a User for reasons other than a Winning Ticket will be Non-Withdrawable Credits. This encompasses referrals, promotions, contests, compensation, and refunds.

When placing new Ticket orders, LottoAmericana will first apply any Non-Withdrawable Credits to the order cost before utilizing Withdrawable Credits.

Promo Codes

Periodically, LottoAmericana may offer promotional codes for use in conjunction with Ticket orders on the Website. These codes have limited validity and discounts are applicable only to qualifying items specified in each promotional offer. Each code may be used once per User and cannot be combined with other promotions. LottoAmericana reserves the right, at its sole discretion, to accept, reject, limit, modify, or cancel any promotional code at any time and for any reason without prior notice to you. Promo codes are void where prohibited by law and available only while stocks last.

Referral Program

LottoAmericana occasionally implements referral schemes, enabling Users to refer new Users in exchange for Non-Withdrawable Credits. Referred Users must be genuine and unique individuals who consent to the referral and uniquely open their account, having not previously used the Website. These new Users must meet the eligibility criteria outlined in these Terms of Service. Any attempt by a User to exploit the referral program for fraudulent or other improper purposes may result in suspension or termination, with no entitlement to Non-Withdrawable Credits for such referrals.

Refunds and Cancellations

All sales of state lottery tickets through the Website are final and ineligible for refund or cancellation at any time. LottoAmericana explicitly disclaims responsibility for any refunds on orders placed through your Account, including but not limited to orders claimed to have been placed inadvertently or mistakenly. Failure to verify or authenticate any information provided during registration, ordering, payment, or any other process may result in cancellation of Tickets, refusal to honor pending and future Ticket orders, and suspension and/or cancellation of your account. LottoAmericana may also impose a temporary ban on Website use. In the event of Account suspension or cancellation, all provisions of these Terms of Service pertaining to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain in effect despite such suspension or cancellation. For queries regarding specific suspensions or cancellations, please e-mail suporte@LottoAmericana.com.

Withdrawable Credits may be withdrawn from an Account at any time. In the event of a User’s demise, any available Withdrawable Credits will be disbursed in accordance with these Terms of Service, to the Executor or similarly authorized representative under their last will and testament or, in the absence of a will, in accordance with Brazilian law. LottoAmericana may, at its sole discretion, require proof and documentation to verify the User’s demise and the entitlement of the individual or entity claiming Withdrawable Credits before disbursing them. For assistance, please contact us at suporte@LottoAmericana.com.

6. Courier Model and Ticket Orders

LottoAmericana serves as the technology service provider and acts as the digital courier on behalf of the User. It is not a retailer but operates as a Lottery Courier Service.
Through the Website, Users can place orders for Tickets, check whether their Tickets are eligible for winnings, and view their winnings.
When placing a Ticket order through LottoAmericana, you are making an order for a Ticket rather than directly purchasing one. As a service provider acting on your behalf, LottoAmericana will fulfill the order through a licensed retailer.
In association with a Ticket order, LottoAmericana receives funds from the User and transfers those funds to the retailer. While LottoAmericana applies a service fee, it never charges any fees on winnings or distributions.
LottoAmericana will procure your Ticket(s) from a licensed Lottery retailer in time for the Designated Drawing and will upload an image of your Ticket(s) to your Account. We comply with all state regulations to ensure timely processing of your request. If there are any inaccuracies with your Tickets, please promptly e-mail us at suporte@LottoAmericana.com. A refund of the ticket cost will be issued only if the error is caused by LottoAmericana.
If, for any reason, LottoAmericana is unable to purchase the Ticket you ordered before the official Regulator cutoff time for the Designated Drawing, you will receive a full refund. In all circumstances, LottoAmericana bears no responsibility for prize payouts if the ticket was not purchased.
The authorized Account holder will be considered the Ticket holder. It is your responsibility to ensure that the name on your Ticket order matches the name on your Account.
LottoAmericana sets a daily Ticket purchase limit per Account holder and may, at its discretion, adjust the daily purchase limit on an individual basis. Users can also modify their daily purchase limit by contacting Customer Support (suporte@LottoAmericana.com).

By using this Website, you hereby waive any claim against LottoAmericana for, or in connection with, the receipt of erroneous information. LottoAmericana takes numerous steps to ensure that the Plays requested on Ticket orders exactly match the Plays included on the tickets LottoAmericana physically purchases from licensed lottery retailers on your behalf. However, in the event of an error, the Plays included on the physical ticket purchased in relation to your Ticket order will stand as the final determination of prize monies owed to your Account. By using this Website you acknowledge that in the event of an error (caused by any means, including LottoAmericana’s error), LottoAmericana is only liable for the purchase price of the Ticket.

7. Winning Tickets and Prize Claiming

Once the drawing and prize results are in, LottoAmericana will notify you on the Website if your Ticket is a Winning Ticket. If it is a Winning Ticket and the prize value is less than or equal to $600, LottoAmericana will automatically credit your Account for the full prize value, as further described in 8.1 below. If a Winning Ticket has a prize value worth more than $600, LottoAmericana will arrange with you the best way for delivering or claiming the Winning Ticket, as further described in 8.2 below.

Prize claims made through this Website are subject to the prize payout rules and regulations set forth by the Regulator. LottoAmericana may provide the Regulator with any User Personal Information as requested by the Regulator, including to process prize claims. Such information may include, but is not limited to, the full name, address and phone number listed in your Account.

Winning Tickets with prizes totaling less than or equal to $600.

By using the Website you authorize LottoAmericana to store and claim Winning Tickets with prize totals that are less than or equal to $600 on your behalf at an authorized lottery retailer as soon as drawing results are posted. You are ultimately responsible for paying any tax liability associated with claims made through this Website for Winning Tickets with prizes that are less than or equal to $600 in the state of Ohio. LottoAmericana will deposit the full prize value into your LottoAmericana account in the form of Withdrawable Credits. These Withdrawable Credits may be transferred to an eligible checking or savings account in accordance with these Terms of Service. Users may also keep the Withdrawable Credits and use them towards future orders.

Winning Tickets with prizes greater than $600.

Winning Tickets greater than $600 are subject to approval by the Regulator and must be claimed directly from the Regulator either by mail or in person. The Regulator may withhold taxes from prize distributions for Winning Tickets with claimed prizes totaling more than $600. LottoAmericana will not be liable for verifying the appropriateness or accuracy of taxes withheld from Users’ claims, and Users are solely responsible for handling individual tax situations directly with the state of Ohio. LottoAmericana will not be liable for any unclaimed prizes associated with Winning Tickets ordered through this Website for any reason. You authorize LottoAmericana to store any such Winning Tickets until delivery or pick up, as applicable.

You agree to present a government-issued identification in order to pick up or claim any Winning Ticket associated with your Account. In the event you do pick up a Winning Ticket in person, you agree to take full possession and release LottoAmericana from any responsibility for the Winning Ticket, and any associated prize claims, by signing a ticket release form.

Prohibition on Claiming Winning Tickets.

You are prohibited from claiming, or attempting to claim, any Winning Tickets in any manner that is inconsistent with the terms of this section. In the event you claim, or attempt to claim, any Winning Ticket in a manner that is inconsistent with this section, you agree that LottoAmericana will have no liability to you with respect to such Winning Ticket, including, without limitation, the obligation to deposit any Withdrawable Credits into your Account associated with such Winning Ticket. Additionally, in the event that you and LottoAmericana both claim the prize for any Winning Ticket, LottoAmericana has the right to immediately remove any associated Withdrawable Credits from your Account and suspend or terminate your Account. You shall indemnify, defend and hold harmless LottoAmericana for any claims, losses, expenses and all other liabilities LottoAmericana incurs as a result of your failure to comply with these Terms of Service.

Winning Ticket is a Bearer Instrument.

Note that your ticket is held in trust by courier and ticket is a bearer instrument within the meaning of all applicable law, such that the holder of the ticket is presumed to be the owner of the ticket with all applicable rights in the ticket and its proceeds. Therefore, if you obtain possession of your winning ticket, do not lose your ticket or allow others to possess your ticket. LottoAmericana attempts to mitigate this risk by placing the winning customer’s name on the back of the ticket following the ticket being deemed a winning ticket, however LottoAmericana cannot be held responsible for any lost or stolen tickets or other tickets that, for whatever reason, are not in the winning customer’s possession.

8. Pools and Subscriptions

Users may elect to utilize this Website to participate in Lottery Pools, and may group Pool Tickets with other Users in any single Lottery Pool in order to share prizes, subject to the following terms and requirements:

In order to participate in a Private Lottery Pool, a User must use the entry code of a Private Group. The entry code to a Private Group must be created and used by the group members.
A Public Lottery Pool needs no entry code and is open to any User.
Each Lottery Pool is for one specific Lottery and for one Designated Drawing.
LottoAmericana in its sole discretion may rename any Group if we consider the name of the Group to be offensive to other users of the Website.
Winning Pool Tickets with prizes less than or equal to $600 will be claimed by LottoAmericana and proportionally divided among the Pool Members to each Pool Member’s share in the Lottery Pool.
Winning Pool Tickets with prizes greater than to $600 will be claimed by LottoAmericana on a lump-sum basis and proportionally divided among the Pool Members to each Pool Member’s share in the Lottery Pool. Each Pool Member must provide LottoAmericana, within 30 days from the designated drawing, their passport, address, and any form or other document required by the regulator in order to receive their share of the prize. If a Pool Member fails to provide LottoAmericana with any information described above, the Pool Member forfeits all rights to the prizes won by the Lottery Pool of the designated drawing. Any forfeited prizes will be redistributed to Pool Members who properly provided the necessary documentation within the right time period.
Each Pool Member is responsible to do their own taxes according to applicable law in the jurisdiction.

9. License to the Website

The Website and its contents, features and functionality, including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (“Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to these Terms of Service, the Company grants you a limited, non-exclusive and nontransferable license to (i) use the LottoAmericana Website for your personal, non-commercial use strictly in accordance with these Terms of Service and (ii) access and use the services made available in or otherwise accessible through the LottoAmericana Website strictly in accordance with these Terms of Service.

LottoAmericana will cooperate fully with any law enforcement officials and/or governmental agencies if requested or required in the investigation of any Users who violate these Terms of Service and may disclose your information to such law enforcement officials and/or agencies if required by law.

10. Use of Information

By using the Website, you grant LottoAmericana the non-exclusive right and license to use your image, your full name, and details of the game(s) you played or won to promote LottoAmericana on social media and in other media, on the Website or in any other medium, on the Internet or otherwise. Your use of the Website constitutes permission (except where prohibited by law) to use your name, city, state, likeness, image, comments and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, except as required by applicable law.

11. Complaints and Dispute Resolution

If you have any questions or complaints regarding the Website or our Services, you may e-mail us at suporte@LottoAmericana.com or submit an inquiry to us by using the contact form option that is provided on the Website.
When submitting a complaint, please ensure to include clear information regarding your identity and all relevant details which gave rise to the dissatisfaction so that we can clearly identify the issue of concern. We try to respond as quickly as possible and will do so within 10 days from the date on which the complaint was submitted to us (extendable by 10 further days, if necessary).
You agree that, regardless of any law to the contrary, any claim must be submitted within one (1) year or such claim shall be forever barred. That one year shall begin to run on the date of the alleged event, unless otherwise provided under applicable law.

12. Responsible Play

LottoAmericana is dedicated to keeping the lottery an enjoyable activity rather than a financial burden. We acknowledge that for some individuals, any form of gambling can become problematic. To safeguard our users from excessive play, LottoAmericana implements spending limits. If you wish to reduce these limits, temporarily suspend your account, or exclude your account altogether, please contact us at suporte@LottoAmericana.com.

13. Entire Agreement

These Terms of Service, along with our Privacy Policy and any relevant Limited Power of Attorney, form the complete agreement between you and the LottoAmericana regarding the Website. They replace all previous understandings, agreements, representations, and warranties, both written and verbal, related to the Website. Unless expressly stated otherwise, nothing in these Terms of Service, whether expressed or implied, confers any rights or remedies on any person or entity outside the parties involved.

LottoAmericana