Pool Terms and Revenue Sharing Trust Agreement

This Agreement is entered into by and between the undersigned (“me”, “myself”, the “undersigned”) and Trilogy Power Pools, LLC (TPP) for the purpose of jointly participating by subscribing to be named a trust beneficiary to a pool of multi-state lottery draw games with various draw dates and number of tickets (the ‘Pool’) and jointly sharing any prizes resulting therefrom. Please note that by using the Application or trilogypowerpools.com to participate in the ‘Pool’ or other participation in a ‘Pool’ is subject to the terms of this Agreement and Trilogy’s ‘Terms of Use and Service’. BY CONSENTING TO THIS AGREEMENT, YOU ARE ALSO AGREEING TO Trilogy’s Privacy Policy.

NEITHER TRILOGYPOWERPOOLS.COM OR ANY TRUST REFERRED TO HEREIN ARE AFFILIATED WITH, ENDORSED BY OR AN AGENT OF ANY STATE LOTTERY OR GOVERNMENT AGENCY.

NOTICE: PLEASE READ THESE POOL TERMS AND REVENUE SHARING AGREEMENT CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

IF YOU DO NOT AGREE TO THE POOL TERMS AND REVENUE SHARING AGREEMENT, PLEASE DO NOT USE THE SERVICE.

As Used Herein,

Definitions.

1. ‘Regulator’ means the government organization that regulates a lottery in a given jurisdiction (e.g. The Arizona Lottery);
2. ‘Regulated Gambling’ means the Regulator (State Lottery) that sponsors, conducts and regulates all state lottery games and rules thereto, such as selecting the lottery games offered. It conducts the lottery drawing. It states and guarantees all lottery prizes, It promotes all games and advertising. It redeems all ticket and pays all winning ticket prizes including Jackpot prizes in cash to the “Bearer” of the winning tickets, (less Federal & State taxes);
3. ‘You’ and ‘Your’ means you, each person, and group of individuals, entity or entities who visits or uses the Site or Application for any purpose.
4. ’User’ means any person that opens and maintains an Account on this Application or on trilogypowerpools.com and acknowledging this Agreement as a precondition to the account;
5. ‘Legal Age’ means you warrant (i) you are not under the age of eighteen (“18”) or twenty-one (“21”) years where required in the applicable state Jurisdiction and (ii) you are not barred from purchasing lottery Tickets under the laws of the applicable Jurisdiction of your residence or (iii) you will not use the Application or your Account, including but not limited to, in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident.
6. ‘These Terms’ refers to the ‘Terms of Use and Service’, the ‘Pool Terms and Revenue Sharing Trust Agreement’ and the ‘Privacy Policy’, collective referred to as ‘these Terms’;
7. ‘The Services’ refers to trilogypowerpools.com (the "Site") and any version of the TPP Progressive Web App;
8. ‘The Site’ means the Service that refers to trilogypowerpools.com (the “Site” and/or “the App” ) and any version of the trilogypowerpools.com or trilogypowerpools.com mobile application (the "Application")
9. ‘Content’ refers to any text, image, picture, video, audio, software, code, data, application, program, process, feature, function, service, or other material of any kind offered on the Services;
10. ‘Trilogy’, ’TPP’, ‘us’ and ‘we’ means Trilogy Power Pools, LLC, including its agents, contractors, any and all parties involved in any service or servicing, creating, producing, or delivering the Application or trilogypowerpools.com or the TPP App;
11. ‘Settlor’ or ‘Grantor’ means the person who creates the trust; i.e. TPP, unless otherwise noted;
12. ‘Trust’ means a ‘Lottery Pool Trust ‘identified by designated indicia i.e. trust number;
13. ‘Trustee’ means the person who holds the property for another's benefit is the trustee; TPP or its designee agent is the Trustee who administers the Trust for the benefit of Trust Beneficiaries;
14. ‘Trust Beneficiary’ means a person who subscribes to pay a monthly service fee to access the Application or trilogypowerpools.com and is registered for a beneficial interest (share) of the ‘Pool Revenue’ of a designated ‘Trust’ identified by a ‘Pool’ number is a Beneficiary of the pool;
15. ‘Number of Beneficiaries’ means all users that registered for a share of a designated ‘Pool” to which the registrations collectively do not exceed the number of the ‘Pool Size’ (e.g. 600);
16. ‘Pool’ means, a group of multi-state lottery game tickets purchased by TPP or its agents from state lottery licensed retailers, where (a) the tickets are conveyed to a ‘Pool’ identified by a ‘Pool’ number, and (b) the conveyed state lottery ticket are claimed by the pool Trustee’ as revenue paid to the ‘Pool’ (the Trust) which shall, (c) be distributed to the Pool Trust Beneficiaries on a per ‘Share’ basis.
17. ‘Digital Physical Pool’ means any “digital and physical ‘Pool’ identified by a pool number which are comprised of a pool of state lottery game tickets held in a ‘Digital Trust’ mirrored and corresponding to a “Physical Trust’ for (i) the lottery draw dates, (ii) whereby the ‘Trustee’ claims all lottery ticket prize winnings for the ‘Pool’, which will (iii) disburse the winnings to the ‘Pool’ beneficiaries, after which time, (iv) the digital and physical trust terminates, and (v) the trust lottery winning tickets and data are archived for a minimum of one year;
18. ‘Open Pool’ means any ‘Pool’ in which eligible Users of the Application or trilogypowerpools.com subscribe or register to be named a Pool Beneficiary of a designated ‘Open Pool’ identified by a ‘Pool Number’ prior to the pool registration deadline;
19. ‘Auto-Register’ means after your monthly ‘Subscription Fee’ payment to TPP has been processed and paid to TPP, Auto-Register will automatically register you for one share of the ‘pool revenue’ in 4 weekly ‘Open Pools’. Each ‘Open Pool’ is identified by a separate ‘pool number’.
20. ‘Open Pool Deadline’ means the posted cutoff time to register as a beneficiary for a Share of the ‘Pool’;
21. ‘Pool Size’ means the ‘pool size’ or ‘crowd size’; e.g. 1/50th, 1/100th 1/200th etc., of the ‘pool’. The ‘Shares’ held by a Beneficiary in a designated Trust would likewise be 1/50th, 1/100th 1/200th etc. shares of the ‘pool’;
22. ‘Pool Shares’ mean a share of the ‘Pool Revenue’ received into the pool from lottery tickets redeemed by the state lottery and its licensed retailers for ticket winnings paid to the ‘Trust’;
23. ‘Shares’ mean the number of all shares in a ‘pool’ (the pool size) divide into the number of all ‘Beneficial Shares’ in the Pool. (i.e. one beneficial share divided into a pool size of 600 = 1/600th beneficial share of all state lottery ticket wins paid by the state lottery to the Pool);
24. ‘Single Share’ means the cost, service fees or other consideration required by TPP for a user to join a ‘Pool’ represents a ‘single share’ in a designated ‘Pool’;
25. ‘Multiple Shares’ means a person (Beneficiary) can auto-register for two shares in a ‘crowd size’ or ‘group size’ of 600, in which case the person/beneficiary would increase their proportionate share of the ‘Pool Revenue’ to 2,1/600ths. The cost, service fees or consideration for multiple shares is the cost, fee or other consideration of a single share multiplied by the number of single shares;
26. ‘TPP Shares’ means state lottery tickets purchased or acquired by TPP and conveyed to a ‘Pool’ identified by a pool number (e.g. pool number az-12345), the tickets conveyed to the pool are the only ‘assets’ of the Pool, and for consideration of TPP’s purchase and conveyance of tickets to the trust for ‘Pool identified by number, TPP will be the ‘Initial Beneficiary of 100%’ of the pool ‘Shares’ identified by the pool number;
27. ‘TPP Shares Reduced’ means prior to the pool registration ‘Closing Date’, users may register for a share in a designated pool identified by a pool number, which shall reduce 100% of TPP’s initial shares in the pool in proportion to all user registrations for shares in the pool;
28. ‘Trust Revenue’ means (i) lottery tickets held by the ‘Trust’ for a ‘Pool identified by a pool number’ with winning numbers, (ii) that are redeemed by the state lottery or its licensed agents for lottery prizes, (iii) shall be received by the Trust or its Trustee as ‘Revenue’ paid to the Trust for a ‘Pool identified by a pool number for distribution to the Pool Beneficiaries on a per share basis.
29. ‘Pool Revenue’ means (i) after all lottery tickets held by the Trust for a ‘Pool identified by a pool number’ and, (ii) all payment of all ticket wins from the state lottery tickets have been paid to the Trust for the ‘Pool identified by the pool number’ and, (iii) all ticket winnings and accountings have been validated by the Trust for the ‘Pool identified by a pool number, (iv) shall be designated by the trust or its trustee as the Pool Revenue.
30. ‘Pool Revenue Sharing’ means the ‘Pool Revenue’ of a ‘Pool’ identified by a pool number shall be distributed by the pool Trustee to the Pool Beneficiaries of the pool on a per share basis;
31. ‘Pool Registration Deadline’ means the deadline set by TPP for users to complete registration for a beneficial interest (share) in an ‘Open Pool’ identified by a pool number;
32. ‘TPP Pool Deadline’ means the deadline set by TPP for purchasing, ordering, acquiring or conveying lottery Tickets to a designated ‘Open Pool’ identified by a pool number;
33. ‘Open Pool Deadline’ means the deadline Notice that is posted on each ‘Open Pool’ before the ‘Pool” is open for pool registration;
34. ‘Provider’ means TPP provide a means or application for ‘users’ to open a ‘user account’, make monthly subscription fee payments for a beneficial share in an ‘Open Pool’ or an ‘Invited ‘Open Pool’;
35. ‘Application’ means trilogypowerpools.com services that are offered on the TPP application, which shall include, without limitation, all indicia, processes, technology and materials used to provide such services including means for registering to be named a beneficiary for a share in an ‘Open Pool’;
36. ‘Service Fees’ means the users monthly subscription fee payment to TPP to access and use the Site, the App and related Services stated herein;
37. ‘Electronic Signatures’ means the entire agreement between you and TPP, its Agents, Trust, Beneficiaries thereto and all other agreements related thereto will be evidenced by an electronic record;
38. ‘Virtual’ means being something in effect even if not in reality or not conforming to the generally accepted definition of the term;
39. ‘Digital’ means electronic processing, storing, transmitting, representing, or displaying data in the form of numerical digits, as in a digital computer;
40. ‘Physical’ means in possession of the actual printed state lottery ticket or tickets,
41. ‘Physical Form’ means, state lottery tickets maintained in physical paper form or a document previously maintained in electronic form which has been transferred to physical form.
42. ‘Virtual Digital’ means simulated by a computer for reasons of economics, convenience, or performance;
43. ‘Designated Indicia’ means a specified ‘Trust’ or ‘Pool’ identified by letters, numbers or marks by which one Trust or ‘Pool’ can be independently identified from all other Trust or Pools of the same or similar description and purpose;
44. ‘Virtual Digital Pool’ means a TPP virtual digital ‘Pool’ identified by letters and numbers;
45. ‘Digital Trust’ means a TPP digital ‘Pool’, identified by letters and numbers;
46. ‘Digital Trust Assets’ means lottery tickets digitally scanned and identified to a designated TPP digital ‘Pool’ are the ‘digital trust assets’ of a designated digital Trust or Pool;
47. ‘Physical Trust’ means the exact mirror of a ‘Digital Trust’ and where the purchased state lottery tickets are conveyed in physical form to a designated virtual digital trust or pool;
48. ‘Lottery Pool Digital Trust’ means any “digital and physical trust assets” identified by designated indicia which assets are comprised of a pool of state lottery tickets held in a ‘Digital Trust’ mirrored and corresponding to the “Physical Trust’ for (i) a designated lottery draw date, (ii) whereby the, ‘Trustee’ claims lottery ticket prize winnings for the Trust, and (iii) disburse all the winnings to the Trust Beneficiaries, after which time (iv) at the discretion of the trustee the digital and physical trust terminates and, (v) the trust lottery tickets and data is archived for one year;
49. ‘Physical Trust Assets’ means state lottery tickets purchased from a licensed lottery retailer and conveyed or transferred into a trust ‘Pool’ identified by designated indicia are the physical trust ‘Assets’ of the designated trust pool identified by a ‘Pool’ number;
50. ‘Redemption Threshold’ means the state lottery and its authorized lottery agent’s maximum dollar value for which a winning lottery ticket may be redeemed by the state lottery or by its authorized retailer for cash;
51. ‘Lottery’ means state regulated lottery games (e.g. Powerball, Mega Millions and The Pick);
52. ‘Lottery Draws’ means each lottery draw is performed by the Lottery Operator. All lottery Tickets held and played by the ‘Trust’ in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator;
53. ‘Geo-Location’ means we verify your location through the use of geo-location and filtering software and services arcgis.com, which is embedded in the TPP Mobile Application (app);
54. ‘Lottery Ticket’ means a state lottery ticket for a designated state lottery draw game and drawing;
55. ‘Ticket’ means set of 6 numbers for a designated state lottery draw game for a specific draw date;
56. ‘Replay Numbers’ means TPP’s purchase of state lottery game tickets where the six numbers on the ticket play all lottery draw games for 1 week with the same 6 numbers for 3 lottery draw dates against the state lottery drawing 6 different numbers on 3 different game draw dates (e.g. Powerball, Mega Millions and The Pick for 3 draws 1 week);
57. ‘Designated Drawing’ means the specific lottery draw dates for state lottery tickets acquired by the TPP or its agents;
58. ‘Winning Numbers’ means the indicia randomly selected during a state lottery drawing event which are used to determine winning numbers for a specific lottery draw game contained on a state lottery ticket transaction;
59. ‘Pool Tickets’ means state lottery draw game tickets with draw dates, that are purchased or acquired by TPP or its agents and conveyed to a ‘Pool’ identified by a pool number;
60. ‘Pool Winning Tickets’ means state lottery tickets held by the ‘Trust’ that win a Lottery prize;
61. ‘Pool Ticket Wins’ means a group of multi-state lottery tickets purchased from state lottery retailers by TPP or its agents and conveyed into a ‘Trust’ identified by a ‘Pool’ number from which state lottery tickets are redeemed by the state lottery and the ticket winnings are paid by the lottery to the Trust or its Trustee;
62. ‘Service Agent’ means TPP is the ‘service agent’ for each and every TPP ’Pool’ using the Application or trilogypowerpools.com, the web site’. The Service Agent may represent many ‘Pools’.
63. ‘Consideration’ means each person (user) that pays a ‘service fee’ to TPP is for the user’s consideration to use the Application to register to be named a Beneficiary in an ‘Open Pool’ comprised of state lottery tickets (e.g., Powerball, Mega Millions and The Pick) and share lottery winnings through a designated Pool. Beneficiaries in one pool will not share in winnings of another ‘pool’ unless the person is also registered as a designated Beneficiary in that ‘pool’;
64. ‘Taxes’ means all Federal, State, IRS, etc. taxes withheld on lottery ticket winnings;
65. ‘Trust Fees’ means all Trust administration, accounting, disbursements and legal fees;
66. ‘Provider Fees’ means all provider administration, accounting, disbursements and legal, fees;
67. ‘Grantor Fees’ means all grantor administration, accounting, disbursements and legal fees;

1. GENERAL CONDITIONS FOR ENTERING THIS AGREEMENT

1.1 First you must complete your TPP registration form and submit to be named a trust beneficiary.

1.2 Each Beneficiary to a specific ‘Trust’ is for one specific ‘Pool’ identified by a ‘Pool Number’.

2. PARTICIPATION IN THE POOLS.

2.1 TPP creates the ‘Pools’. Each pool shall be identified by a pool number, ‘pool size’ or ‘group size’ (e.g. number of pool shares) and number of state lottery tickets with various upcoming lottery game draw dates. TPP shall acquire state lottery tickets and convey the tickets to a designated ‘Pool’. Lottery tickets conveyed to a pool are the ‘only Assets’ of the trust. TPP will be the ‘Initial Beneficiary for 100% of the ‘Pool Shares’ identified by the pool number.

2.2 Conveyed. State lottery tickets conveyed to a pool by TPP are owned by the Trust. Trust beneficiaries shall have no ownership of the tickets.

2.3 Pool Revenue. Pool ‘shares’ are only for a share of the ‘Pool Revenue’ received into the pool from lottery tickets redeemed by the state lottery and its licensed retailers for ticket winnings paid to the pool trustee. Pool beneficiaries have no ownership of the lottery tickets held and owned by the trust.

2.4 Register. Users must engage ‘Auto-Register’ to register user to be named a pool beneficiary for shares in an ‘Open Pool’ identified by a pool number.

2.5 Purchase. After TPP’s purchase of a group of multi-state lottery tickets and conveyance of the tickets to a “Pool” identified by a pool number and prior to posting the ‘Open Pool’ identified by a pool number on the Application or App, the trust shall name TPP the ‘Initial Beneficiary’ for 100% of the ‘Shares’ of the ‘pool size’ or ‘group size’.

2.6 Posting. Upon TPP posting an ‘Open Pool’ and prior to the registration closing date, Auto-Register will register User for shares in the designated pool. Each registration for a share of the pool shall reduce TPP’s initial 100% of its share in proportion to all user registrations for shares in the designated ‘Open Pool’. Each ‘Open Pool’ represents a separate offer to participate in that Pool, governed by the terms of this Agreement and any additional terms of that Pool.

2.7 Unsubscribed. There may be many instances that subscriptions or registrations by ‘Users’ for shares in a designated ‘Open Pool’ are less than 100% subscribed or registered for, in which case, all unsubscribed shares in an ‘open pool’ shall remain the pool shares of TPP. In each such event, ‘TPP’ will be the Beneficiary owning the remaining unsubscribed shares.

2.8 Available. All ‘Open Pools’ are subject to availability as may be determined by the service agent. Any attempted purchase of any shares in a given Pool which is received by TPP after the lapse of availability shall be deemed void.

2.9 Post. TPP shall post the ‘open pools’, determine the number of ‘shares’ for each pool, lottery game, number of lottery tickets for each pool and service fees related thereto.

2.10 Purchase. TPP will, before it posts an ‘Open Pool’ with the ‘group size’ identified by a ‘pool number’ on TPP’s website, application or App, TPP or its agents will purchase Powerball, Mega Millions and alternate state lottery tickets from a state lottery or its lottery retailers located within the alternate state where the tickets are purchased, the number and denomination of tickets shall be posted for viewing on the ‘Open Pool’.

2.11 Scan. TPP scans the tickets it purchased into its data base and posts the lottery tickets and draw dates on trilogypowerpools.com and its App for users viewing Open Pools.

2.12 Check. TPP will check lottery results in real time for each lottery game in each pool and automatically post the lottery game draw results to trilogypowerpools.com and its App.

3. LOTTERY TICKET PRIZE REDEMPTION.

The Trustee or its agent for each ‘Pool’ identified by a pool number, shall submit the pool winning tickets to the state lottery or its licensed retailers for redemption by the lottery or its licensed lottery retailer for payment of the ticket lottery prizes.

3.1 In the case of a ‘Pool’ identified by the pool number where after all state and federal tax withholding by the state lottery, if any, the total net revenue from all game prizes won from three multi- state Lottery tickets in the ‘Pool’ redeemed by the Trustee shall be the ‘Pool Revenue’ which shall be divided and distributed among all trust beneficiaries of the ‘Pool’ on a per share basis,

4. CREDITS.

We credit your share of the ‘Pool Revenue’ of each of your ‘Pools’ to your “Credits Account”. The value of a credit is $0.25. Four (4) credits are issued to your ‘Credits Account’ for each one dollar of your share of the ‘Pool Revenue’ in each pool you are registered in.

4.1 Your credits are accumulate until your credits equal equivalent to the Monthly Subscription Fee (100 credits) required to register for an ‘Open Pool’ at which time you can, (i) use your qualified credits to register for one or more shares in one or more ‘Open Pools’ or (ii) you may instruct us to cash out all your qualified credits earned in that Pool for cash and deposited to your bank account as full satisfaction, payment and settlement of your share of the Pool Revenue.

4.2 However, when you register for an ‘Open Pool’ on the app, you must elect to either use your qualified available credits to, (i) register for share(s) in one or more ‘Open Pools’ or (ii) cash out all of your qualified credits earned in the Pool identified by the pool number for cash and deposited to your bank account, or (iii) except for 4.3, by default you automatically elect and agree to retain the credits deposited in your credits account, as full satisfaction, payment and settlement of your share as a beneficiary of the ‘pool revenue’.

4.3 IN ANY EVENT, if your share of the Pool Revenue is $5,000 or more (25,000 withdrawable credits or more), or if in the sole judgment of the ‘Pool Trustee’ it is reasonable and prudent to do so, the ‘Pool Trustee’ will contact you for instructions how to disburse the available cash to you.

5. WITHDRAWABLE CREDITS.

These are credits that are deposited to your ‘Credits Account’ and are withdrawable from your credits Account when the credits have accumulated equivalent to the monthly subscription fee for an ‘Open Pool’ at which time you can use the eligible credits to register for one or more shares in one or more ‘Open Pools’ or elect to take the qualified value of the credits in cash and deposit the proceeds to your bank account.

6. NON-WITHDRAWABLE CREDITS.

These are credits that are deposited to your “Non-withdrawable Credits Account’ that have not accumulated equivalent to the monthly subscription fee for you to use to register for one share in an ‘Open Pool’. Any credits in your Non-withdrawable Credit Account that are not qualified for you to use to register for a share in an ‘Open Pool’ are Non-Withdrawable credits. This includes all credits you earn from any referral, promotion, contest, compensation, incentive and credits issued in error for any reason.

7. LUMP SUM.

Winning Pool Tickets with a total prize value that is greater than the applicable Lottery Retailer Redemption Threshold and that are part of a designated Trilogy Power Pool Trust will be claimed on a lump-sum basis and disbursed by the Trust, its Trustee or its agents as required by these Trust terms, any applicable terms of a specific Trust Pool, and applicable state law:

7.1 All lottery prizes will be claimed by the Trust, its Trustee or agent. If one or more state lottery game tickets pooled in a designated ‘Pool’ are Winning Tickets, the winning tickets shall be claimed by the Trust, its trustee or agents for redemption of prizes by the state lottery. All lottery ticket winnings minus all state and federal withholdings (if any) shall be paid by the state lottery to the Trust, its trustee or agents. The Trust shall treat all lottery ticket winnings received by the Trust as ‘Revenue’ received into the Trust ‘Pool’ which revenue shall thereafter, (i) be divided by the total number of ‘shares’ of the ‘Pool’ size’ or ‘Crowd Size of the Trust ‘Pool’ shall equal the revenue allocation for one (1) Share, (iii) times the number of shares proportional to the total number of ‘shares’ in the name of a registered Beneficiary and (iv) distributed on a per basis to the beneficiaries subject to any fees due or costs incurred by Trilogy, the Trust, Trustee, its agents as described in this Trust Agreement and the TPP Terms of Use and Service.

7.2 You consent the Trust, its Trustee and its agent the right and authority to claim all prizes on behalf of the Trust and on your behalf as a Beneficiary of the Trust and for the Trust to disburse the net trust revenue funds to the Trust Beneficiaries. In this case, taxes, service cost and fees will be withheld prior to distribution of trust revenue to the Trust Beneficiaries.

7.3 Trust Settlement to Beneficiaries. Within a reasonable time after the lottery authority for each state lottery has held and completed all Lottery Game Drawings, as determined in the sole judgment of the pool Trustee, where all lottery tickets are held and played by a designated Trust, the ‘Pool’, the pool Trustee shall, (i) claim all lottery ticket wins for the trust, (ii) collect all ticket winnings as revenue paid to the Pool Trustee, (iii) settle all obligations of the trust and (iv) begin distribution of net pool revenue to the Pool Beneficiaries of record for the designated ‘Pool’ as stated at section 4 above.

7.4 Taxes. Taxes may or may not be withheld depending on the amount and the regulator rules.

7.5 Responsibility. It is the responsibility of each individual Trust Beneficiary to report all revenue received from the Trust and prepare and file their taxes, if any, according to regulations in their Jurisdiction.

8. WITHDRAWALS FROM YOUR ACCOUNT.

You may use the Site Tools to withdraw available qualified credits for money in your Account by selecting your available withdrawal method. In order to withdraw money, you may first be required to provide us with specific information that will be used to confirm your identification and/or verify your debit card or other payment method without derogating from the foregoing. Cumulative withdrawals of $600 may require verification of identity by way of a government-issued photo ID, proof of age and address. For additional information regarding the withdrawal of Credits, above and Q&A link displayed on the Site. Please note that if we provide you with any non-withdrawable credits, it is solely for you to use in connection with these services. Credits that cannot be withdrawn from your credits account are stated in your Non-withdrawable Credits Account above. Withdrawals will be remitted to the same user account from where the funds paid into the User's Account originated, except in exceptional instances. To the extent that any User wishes to withdraw funds from a dormant, blocked, closed or excluded Account, they should contact support@trilogypowerpools.com. Withdrawal is at all times governed by applicable law, which may require TPP to alter the conditions of withdrawal without notice.

9. AUTO-REGISTER.

(i) if for any month your charge card on file with us that you authorized us to bill the card to pay your monthly subscriptions service fee fails to make the full monthly service fee payment in U.S. Dollars for any reason; or

(ii) if auto-register registered you for a share in an ‘Open Pool’ before the card charge failed to complete the transaction or the charge was denied before or after the ‘Open Pool’ registration; or

(iii) You opt out of Auto-Registration, if such opt-out function is available through the Services or is otherwise timely communicated to TPP in accordance with the terms of this Agreement;

then your registration is null and void, and you waive and forfeit all your rights or claims for any share of the “Pool” revenue without recourse.

10. SUBSCRIPTION SERVICE.

If you choose to use the Subscription Service for ‘Auto-Register to register you as a beneficiary of an open pool on a recurring basis, we will collect the monthly subscription fee through a recurring payment using your designated payment method (including by credit or debit card) unless you opt out of such recurring charges in accordance with this Agreement. In connection thereto, TPP may store your payment credentials including the primary account number, card holder name and expiration date (“Credentials on File”) and submit period charges without further authorization from you, and such authorization shall remain effective until cancelled by you.

11. RESTRICTIONS AND ACKNOWLEDGEMENTS.

You agree: (i) to only provide valid and current credit card and billing information for yourself; (ii) that we may use the tools, software or services of third party service providers to process transactions on our behalf; (iii) that you are liable for any card issuer processing fees in connection with service fee payments and recurring payments; (iv) except as expressly set forth herein, all monthly subscription fee payments are final and non-cancellable or non-refundable; (v) if payment is not timely received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand and, if applicable, TPP may charge a reasonable rejected payment fee; and (vi) any failure or inability by TPP to process any payment hereunder does not relieve you from your payment obligations.

12. MONTHLY SUBSCRIPTION SERVICE FEES.

Users monthly subscription service fee payments to TPP are for users access to use the Application, the services, subscribe and submits monthly subscription fee payment to TPP as follows, (i) User must Select “Auto-Register” to register user as a beneficiary for shares in an ‘Open Pool’ through the Application or trilogypowerpools.com. (ii) TPP may, in its sole discretion, limit the number of ‘shares’ in a ‘Pool’ a User may subscribe to be registered in; such limits will apply to all Users without exception. (iii) Users Auto-Register shall not register user for shares in any ‘open pool’ if doing so would cause user to exceed his/her monthly subscription, service fee or application limits for a beneficial interest in one or more shares as a ‘Beneficiary’ in one or more ‘Pools’, as described in these Pool Terms and Revenue Sharing Private Trust Agreement and the TPP Terms of Use and Service. (iv) Any subscription or registration through the Application or trilogypowerpools.com that violate these Pool Terms and Revenue Sharing Trust Agreement including TPP’s Terms of Use and Service and Privacy Policy Agreement including service fees due and not paid through the Application or trilogypowerpools.com, TPP’s Terms of Use and Service and the TPP Privacy Policy shall not entitle the User to any beneficial interest or any shares in a ‘Pool’ associated with the application or ‘service fee’.

13. AUTO-SUBSCRIPTION.

You may elect to utilize this Application to participate in Auto-Subscriptions, subject to the following terms and requirements;

13.1 Auto-Subscriptions may only be available for certain Applications. Check the Application to see which applications may be available for auto subscriptions;

13.2 Auto-Subscription is for One Month Service Fee payment to TPP for user’s access to the Application, trilogypowerpools.com, App and for “Auto-Register” to register you for one (1) share in each of four (4) ‘Pools’.

13.3 Auto-Subscription shall automatically renew monthly until you give written notice to us to cancel your subscription.

13.4 For some ‘Pools’ you may choose to automatically “Reset” the amount of your monthly subscription fee in ‘Auto-Register’ (025) above to a predetermined amount to be registered for, (i) more ‘shares’ in an available ‘Open Pool’ or (ii) Auto-Register you for more ‘Pools’. If you reset your monthly subscription value, your account will be automatically billed the service fee for the number of shares and ‘Pools’ indicated in the ‘Auto-Pool’ section of the application.

13.5 Procedure for ‘shares’ or ‘Pools’ that were reset as part of an Auto-Subscription will be no different than that of a regular Single Pool Registration.

14. AUTOMATIC RECURRING MONTHLY SUBSCRIPTION & BILLING AGREEMENT.

14.1 Authorizing. By opting into the Auto-Subscription feature and Auto-Register features on the Service, I hereby acknowledge and agree that the Trust or its Trustee’ or its agent will play all [Pool’ lottery game tickets it holds for each eligible lottery draw thereto. I understand that the number of ‘pool shares’ that I have in the ‘pool’ will be automatically based on the number of ‘shares’ I selected on the “Auto-Subscription” and the “Auto-Register” section of the trilogypowerpools.com Application.

14.2 By Opting into Auto-Subscription features on the service, I hereby authorize TPP to charge the indicated credit card on file for my user account to ‘reload’ the ‘Service Fees’ based on the number of ‘reloads’ selected on the application. I understand and agree this charge will happen automatically every month. I also understand that I can stop this recurring charge from taking place at any time 15 days after ‘Auto-Register’ registered me for my last monthly subscription by setting the reload settings in the trilogypowerpools.com Application to “0”.

14.3 Payment Failure. If your payment is declined, you will be notified in the application and contacted by phone or email. We may restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Payment fails, you will need to replenish your account with another payment method. In the event any payment is not made, Auto-Register will not register you to be named a beneficiary for a share in an ‘open pool’ without the full service fee payment made in advance. You may also be assessed a payment failure charge for the declined payment.

14.4 Changing Payment. If you would like to change your Payment including, for example, making a change from one credit debit card that was initially selected to another credit debit card or bank account, you must change the account number in the settings section of the Service.

14.5 Security Verification. I authorize TPP and their sponsoring agency to run an address verification search. This verification process is a security measure to protect me, the client, from illegal fraud against my credit debit card. I guarantee and warrant that I am the legal cardholder for this credit debit card, and that I am legally authorized to enter into this billing agreement with TPP and trilogypowerpools.com. I agree to indemnify, defend and hold TPP and trilogypowerpools.com harmless against any liability pursuant to this authorization. This Agreement is not transferable and must be agreed to by the person authorized on the trilogypowerpools.com user account.

15. FUNDING WITH A DEBIT CARD.

15.1 The bank services for debit card transaction processor for TPP is provided by Authorize.net. Each monthly subscription fee payment you submit to TPP for payment by debit card shall be for your monthly service fee payment to TPP. The card transaction processor will process your debit card for payment to TPP and charge the payment to your card Account. You consensually agree to Authorize.net’s Privacy Policy and Terms of Use.

15.2 Compliance Issues. In certain cases where the Pool tickets winnings reach a certain payment threshold where the lottery regulator requires identity of all pool beneficiaries, or where the ‘Pool trustee asked for pool beneficiary verification, you must enter your name, address, age, copy of your valid driver’s license and the last 4 digits of your social security number) you also agree to the following: "I certify, under penalty of perjury that: 1) The Taxpayer Identification Number or Social Security Number I provided is correct; 2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3) I am a U.S. citizen or other U.S. person; and 4) The FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding."

15.3 You must ensure that your name on any credit debit card you use to pay for your subscription Service Fee through the Application always matches your debit account name. The debit account holder authorized will be deemed the person paying the Service Fee in the event of any dispute.

16. USER DATA.

TPP uses ID Analyzer to gather User data from financial institutions. By using the Application, you grant TPP and ID Analyzer the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by ID Analyzer in accordance with the ID Analyzer Privacy Policy.

17. DEADLINES FOR POOL REGISTRATION.

Auto-Register may only register User as a Beneficiary for shares in an ‘Open Pool’ before the Pool Deadline or lapse of availability. The Pool Deadline is conspicuously published and available to you BEFORE auto-register is permitted to register user to a ‘Pool’.

Any actual or attempted subscription or registration by user or auto-register AFTER the ‘pool deadline’ or after the ‘designated drawing’ has commenced shall be void and shall not entitle the User to such shares or interest for or associated with the designated ‘Pool’ for the designated drawings and the registration is not subject to this Agreement .

18. CANCELLATION.

Your monthly subscription payment to TPP is to pay for TPP’s Service Fee to allow you access to use Auto-Register to register you to be named a beneficiary for a specific number of ‘Pools’ which are stated each time you are registered using the Application. Once you make your monthly subscription payment to TPP and any monthly subscription payment made thereafter authorized by you for Auto-Register to register you as a beneficiary for a share of the “Pool Revenue the ‘Pools” you are registered in, you agree you will not cancel the payment.

19. INDIVIDUAL USER COMMITMENTS.

You understand and agree your monthly subscription fee is for your access to the Application, use of the Application, Service, App and your selection for Auto-Register to register you for a minimum of 4 weekly ‘Open Pool’s’ before the Pool Registration Deadline.

20. SUBSCRIPTION FEE.

You agree once your monthly subscription fee has been paid to and accepted by TPP, you cannot terminate your Account or dispute you subscription Service payment until After all ‘4 Weekly Pool’ lottery draw dates you are registered or Auto-Register registered for you, have occurred and concluded.

21. NUMBER OF POOL BENEFICIARIES.

(i) The final number of ‘Pool Shares’ in a ‘Open Pool’ shall be determined upon posting the ‘Open Pool’ on the site or App. (ii) Except for TPP registered as the Initial Beneficiary (2.1, 2.5 and 2.6) above, (ii) Auto-Register will register each ‘Beneficiary’ thereafter for one or more shares of the ‘Pool Revenue’ of four (4) ‘Open Pools’ until (iii) pool registration reaches the maximum ‘Pool Size” (021) above or (iv) the ‘Pool Deadline’ (033) expired.

22. POOL SERVICE MANAGER.

TPP or its agents will manage and administer each ‘Pool’ that is: (i) the subject of this Agreement, (ii) Purchase lottery tickets and conveyed the tickets to a designated ‘Pool’ identified by a pool number.

23. SHARES IN A POOL.

The total of all state lottery tickets ‘conveyed’ to a designated ‘Trust’ shall represent 100% of the ‘Assets’ of the designated Trust. A registered beneficiary of the Trust ‘Pool’ is for a minimum of one (1) share in four (4) ‘Open Pools’. User may instruct Auto-Register to register user as a Beneficiary for more than one share (025) in a designated ‘Open Pool’ (018).

24. SPECIAL NOTICE TO USERS PARTICIPATING IN POOLS REFERRED TO HEREIN.

24.1 If one or more Pool Tickets in the ‘Pool” identified by a pool number are winning pool tickets and the prize is $600 or greater, and the designated lottery game drawing is administered by a Lottery Regulator that requires, (i) all ‘Pool’ members or Beneficiaries must submit a claim form to identify the lottery prize recipients including their name, address, age and social security number and (II) you acknowledge and agree that:

24.2 The pool Trustee (7. thru 7.5) above will claim all pool ticket wins for the trust for the ‘Pool’ identified by a pool number.

24.3 TPP will provide NOTICE of the lottery regulator (001) to you along with a copy of the lottery ‘Claim Form’ you must fill out, sign and return the signed Claim Form to the Trustee or its agent.

24.4 The Trustee or its agent will collect your signed Claim Form along with all other the pool beneficiary signed Claim Forms for Trustee’s submission to the lottery regulator to comply with its Rules.

24.5 From the date of notice to you, you will have four business days to fill out the Claim Form, sign the form and return it as instructed.

24.6 Trustee will then provide this information to the Regulator. The Regulator may elect to pay the prize to the pool Trustee or to each individual pool beneficiary.

24.7 If to each beneficiary, each pool beneficiary will receive payment for their pool share of the prize from the regulator. Taxes or other legal obligations may be withheld depending on the amount and the Regulator. Each individual Pool Beneficiary is responsible for paying any taxes and other legal obligations as may be required by the Regulator.

24.8 Time is of Essence. If you fail to fill out or a sign the Claim Form or return the Claim Form to the Trustee within four business days of receiving notice from TPP, you hereby agree (i) you forfeit all your claims, interests, and rights in any winnings or prizes from the Trust Pool identified by the pool number as a beneficiary for the designated drawing. (ii) In the event of any such forfeiture, you agree the Trust will retain your forfeited portion of your winnings or prizes from the ‘Pool’ for the Designated Drawing ("Forfeited Winnings") and (iii) The Trustee shall reallocate such Forfeited Winnings among the remaining Pool Beneficiaries on a per share bases

24.9 All pool prizes will be claimed by the Trustee of the trust. The Trustee or its agent will then disburse the prize funds to the individual Pool Beneficiaries accordingly. By participating as a beneficiary in a designated ‘Pool’, you grant the Trustee and its agents and subsidiaries the right to claim all prizes and disburse the funds accordingly. In this case, taxes may be withheld. It is the responsibility of the individual Pool Beneficiary to prepare and file their taxes according to regulations in their Jurisdiction.

25. ROUNDING.

The total Lottery Prize equals the ‘Pool Revenue’ divided by the number of ‘Pool Shares’ for distribution to the ‘Pool Beneficiaries’. TPP may round distribution to Users to the nearest dollar.

26. CLAIMING PRIZES AND DISTRIBUTING WINNINGS.

The ‘Trust’ or its trustee shall claim all state lottery ticket winnings associated with tickets held by the Trust identified by a ‘Pool’ number and distributed by the Trustee to the ‘Pool’ beneficiaries pursuant to this Agreement.

27. GAME RESULTS & INFORMATION.

The “Results” section of the application displays the estimated jackpot and the latest winning numbers for the Powerball, Mega Millions, and local lottery draw games drawings. TPP obtains this information from the respective state lottery games’ websites or other sources. TPP disclaims any liability whatsoever relating to and takes no responsibility for the accuracy or completeness of any such information. It is your responsibility to verify each of your registrations for a TPP ‘Trust’ or ‘Pool’ and to advise TPP in the event of any errors.

With respect to the ‘Pool’ winning numbers, while a reasonable attempt is made to ensure that the lists of winning numbers on the Powerball and Mega Millions and local lottery websites or on our App are posted and accurate, the official winning numbers for state lottery games are recorded in the official state lottery draw files. Winning numbers for the state lottery games are not official until confirmed by the lottery ‘regulator’ ‘See the Powerball website, powerball.com, Mega Millions website, megamillions.com, or your state lottery’s website for more information.

28. PROMO CODES.

28.1 TPP may from time to time offer ‘Promo Codes’, ‘Discounts’, ‘Credits’ and ‘Free Trial’ offers in exchange for Non-Withdrawable ‘Credits’ that can only be used to pay for TPP service fees in conjunction with or toward subscribing or registration for an ‘Open Pool’ on the Application. Promo codes, discounts, credits and free trial offers are valid for a limited time only. Credits are for the value and terms stated in 6. above.

28.2 Promo codes, discounts, credits and free trial offers apply only to the promotional qualifying terms specifically described in each such offer and only apply toward qualifying to register for an ‘Open Pool’ and will not apply until your credits qualify as stated in 6 above. All non-withdrawable credits not used within 6 months of issuance terminate.

28.3 Each promo code, discount, credits and free trial offer is limited to one use per User and may not be combined with any other promotions.

28.4 TPP has no obligation for payment of any tax in conjunction with the distribution or use of any promo code, discount, credit free trial offer and Users are required to pay any applicable sales tax related thereto. TPP, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promo code, discount, credit and free trial offers at any time for any reason without prior notice to you. Promo codes, discounts, credits and free trial offers are void where prohibited by law and only good while offered by TPP.

29. REFERRAL PROGRAM.

TPP may implement referral and other programs where Users can refer new Users in exchange for Non-Withdrawable ‘Credits’ that can only be used to pay for TPP service fees to register user for a share in an ‘open pool’. Any User that is referred must be a real and unique person and cannot have previously used the Application. Any such new User must meet the eligibility requirements set forth in (004.) and (005.) above and must not have an Account suspended or terminated by TPP. For more information about the referral program, please refer to the page entitled trilogypowerpools.com/faq.php.

30. CONTRIBUTIONS.

Each Monthly Service Fee paid by User for Auto-Register registering user as a beneficiary for shares in any ‘open pool’ through the Application or Trilogylotterypools.com shall be deemed users contribution to access and use the TPP Application. Trilogy may, in its sole discretion, limit the number of shares in a Trust the User may Auto-Register for. Any such limits will apply to all Users without exception. Users may not Auto-Register for shares in any ‘Pool’ if doing so would cause that User to exceed his/her daily subscription/application for a beneficial interest in one or more shares as a beneficiary in one or more Trust ’Pool’ limit, as may be described in this Agreement. Any subscription not registered through Auto-Register on the Application or trilogypowerpools.com shall not entitle the User to additional shares in the ‘Pool’ or ‘Trust’ for or associated with the designated drawing and are not subject to this Agreement.

31. DEADLINES FOR CONTRIBUTION.

Users may only subscribe for Auto-Register to register user as a Beneficiary for shares in an ‘Open Pool’ before the Pool Deadline (033). The pool deadline is conspicuously published and available to you before you are permitted to subscribe to a ‘Pool’. Any actual or attempted subscription after the pool deadline or after the designated drawing has commenced shall be void and shall not entitle User to additional shares or interest in or associated with the designated ‘Pool’ for the designated drawing and are not subject to this Agreement.

32. REFUNDS AND CENCELLATION.

32.1 No cancellation of Contributions to a designated TPP ‘Pool’. Once you have made a contribution for a beneficial interest to a designated ‘pool’ you agree you may not cancel it.

32.2 Each Monthly Subscription fee paid for or charged by you to TPP is for TPP’s Service Fee allowing you access to trilogypowerpools.com and its Application for you to engage Auto-Register (9) above to register you as a pool beneficiary for one (1) Share of the Pool Revenue (2.3) above in 4 weekly ‘Open Pools’ through the Application. Each service fee paid or charged by you is final and ineligible for refund or cancellation at any time. TPP is expressly not responsible for any refunds on any subscriptions or registrations placed from your Account, including but not limited to any subscriptions or registrations you may claim were made inadvertently or by mistake/accident. Please review your pool subscriptions and registrations before you make them. If we are unable to verify or authenticate any information you provide during any subscription, registration, order, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your subscription and/or registration may be cancelled, we may refuse to honor all pending and future subscriptions and registrations made with those credit cards or bank accounts and/or via any Account associated with those credit cards or bank accounts. We may also prohibit you from using the Application. Users of Accounts for which suspension escalates to account cancellation will be subject to forfeiture of your share of the ‘Pool Revenue’ the auto-register registered you for in a ‘Pool’ and you will be permanently prohibited from using this Application in any capacity. All remaining unused TPP Credits will be forfeited to TPP, all undisbursed ‘Pool Revenue’ shall be Forfeited to the Trust and divided among the remaining pool beneficiaries of the pool on a per share bases. You shall have no recourse and TPP shall have no liability as a result of any such cancellation. In the event of any Account suspension or termination, all provisions of this Agreement and TPP’s Terms of Use and Service relating to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, please email support@trilogypowerpools.com.

32.3 Withdrawals. Withdrawal of your credits are stated at 5. and 6. above. Payment of your share of ‘pool revenue’ (3.1), with your instructions (4.1) and (4.2) to be paid to a bank account which may take 3-5 business days to complete but may take longer due to unknown or unusual circumstances. If you do not receive your funds within 5 business days of your withdrawal request, please submit a claim to support@trilogypowerpools.com for additional assistance. In the event of the death of the User all available withdrawable credits and users share of pool revenue associated with the user will be paid in accordance with these ‘Pool Terms and Revenue Sharing Trust Agreement’ and the ‘Terms of Use and Service’, to the Executor or similarly functioning representative under users last will and testament or, if there is no will, in accordance with the laws of the state of users legal residence. TPP may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the Withdrawable Credits and/or share of user associated Pool Revenue is entitled before paying such sums.

33. GEO-LOCATION.

We verify your location through the use of geo-location and filtering software and services ("Geo-location Software"), which is embedded in the TPP Mobile app.

34. YOUR ACCOUNT IS NOT TRANSFERABLE.

You may not transfer or share your account with any other party. Each individual must open their own Account. The name on subscription order must match the name on your Account. In the event of any dispute, the Account holder (i.e. the person or entity who opened the Account and provided payment information) is deemed the User of the account.

35. DISPUTES.

Any dispute involving this Agreement shall be commenced and resolved pursuant to the TPP ‘Terms of Use and Service’. Important: Please review those terms; they govern your legal rights. (insert link to that Dock here)

By entering into this Agreement, you agree that participation in each Pool represents a separate agreement governed by the terms of this Agreement and any other applicable terms of that Pool. In no event may your recoverable damages exceed any amount paid to TPP in connection with the Services for that particular Pool; except, if that Pool comprises any winning lottery tickets, your damages may not exceed the prorated value of your Shares in that particular Pool. You accept that you may not recover damages in any amount or under any circumstances from any Pool in which you are not a valid participant. By your participation in any Pool, you waive any award of damages in excess of these foregoing amounts, including without limitation punitive damages, exemplary damages, emotional damages, lost wages, and compensatory damages.

36. POOL TERMS AND REVENUE SHARING APPLY.

The TPP ‘Terms of Use and Service’ and The TPP ‘Privacy Rights; are hereby incorporated into this Agreement. If there is a conflict between this Agreement or the ‘Terms of Use and Service’ or the ‘Privacy Policy’, the terms of this ‘Pool Terms and Revenue Sharing Trust Agreement’ shall govern and control.