Legal Disclaimers & Waivers of Liability
Please be advised that pursuant to A.R.S. § 39-121 and A.R.S. § 5-573(D), whether you decide to allow release of your personal information, the Arizona Lottery, subject to any statutory limitations, may be required to release your personal information as part of a court order or a public records request.
As a state agency, the Arizona Lottery is subject to public disclosure laws that allow access to certain records that will not compromise your privacy. Under Arizona law, excluding prizes of $100,000 or more, your name, and city and county of residence are not permanently confidential.
However, pursuant to A.R.S. § 5-573(D), for prizes of $100,000 or more you may request to remain permanently confidential. If you do not make a request, your name will remain confidential for ninety (90) days after you claim your prize (the “Ninety-Day Period”). A.R.S. § 5-573(D). After the Ninety-Day Period, your name can be released under the Arizona public disclosure laws. A.R.S. § 39-121.
Notwithstanding the above, for all prizes won regardless of amount, the Arizona Lottery may release, including but not limited to, the name and location of the retailer who sold the winning ticket, the date the ticket was purchased and the prize amount.
People enjoy hearing about Lottery winners; and many of our winners have enjoyed participating in various media or photo opportunities, therefore, for winners of prizes of $100,000 or more, you may voluntarily waive your ninety-day right to confidentiality of your name; and you may relinquish your right of publicity to the Lottery. The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity.
By executing this Arizona Lottery (“Lottery”) Authorization, Release, and Waiver of Liability for Use of Name and Photo (“Waiver”), for good and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby give and grant in perpetuity to the Lottery and its representatives, successors, assigns, licensees, employees, and any person, corporation or entity acting under its permission or with its authority, or for whom it might be acting, including anyone distributing or disseminating communications by or regarding Lottery (collectively, the “Licensed Parties”): the irrevocable right, permission and license to publish, reproduce, distribute, and/or otherwise use: (i) my name; and (ii) any still or moving photographic image, likeness or sound recording of me (the “Performance”).
I hereby waive all rights of inspection or approval regarding any recording, taping, reproduction, proposed printed, audio or video publication, and/or other use of my name and the Performance. I also hereby release, discharge, and agree to hold harmless the Licensed Parties from and against any and all liability to me or any third parties resulting from their use of my name and the Performance. I agree that my participation herewith is voluntary, and I assume complete responsibility for my actions in connection herewith.
I consent, without further authorization, compensation or remuneration of any kind, to the Lottery’s use of the information that I have provided to the Lottery, Including my name, quote, interview, photo, likeness, or video, in any and all advertising promotions and other publicity conducted by the Lottery, including but not limited to, use on or in Lottery websites or social media sites, media (TV, newspaper, magazine, press release), or Lottery publications.
I understand that, as a result of a public records request, my name may be released after the Ninety (90) Day Period has ended, and other public information could be released at any time.
If I should win any Lottery prizes, I also hereby voluntarily consent to the release of my name and voluntarily waive any rights to confidentiality of my name under A.R.S. § 5-573(D).
If I have previously opted for confidentiality under A.R.S. § 5-573(D), I understand that by agreeing to the terms of this Waiver I voluntarily rescind my previous request for confidentiality.
Nothing herein shall constitute any obligation on the part of the Licensed Parties to make any use of any of the rights granted herein.
This Waiver shall be binding upon my heirs, successors, assigns, and personal representatives, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
IN WITNESS WHEREOF, I am twenty-one (21) years of age or older, and I have authority to grant and hereby execute this Waiver as of the date written below.
