Legal Infringement Statements and Procedures

As an owner of various forms of intellectual property, the Texas Lottery Commission, a Texas state agency (“TLC,” “we” or “us”), respects the intellectual property of others, and we expect others to respect our intellectual property as well.

Internal Safeguards.

TLC owns many registered trademarks and copyrights, reference to which can be found on TLC’s official website located at www.txlottery.org. TLC has created media and other intellectual property guidelines to assist others in the proper use and/or recognition of certain intellectual property.

It is TLC’s practice to protect its intellectual property rights, and to take action where necessary against third parties who may appropriate TLC’s intellectual property. Any use of TLC’s intellectual property, even where authorized, inures to the benefit of TLC alone. TLC has no responsibility to you for content on other materials or websites that you may find or access, and which may refer to TLC or its various games, products or services.

TLC requires its vendors to conduct appropriate intellectual property searches, to notify TLC in the event of issues that may arise, to indemnify and hold TLC harmless from infringement, and to engage in certain remediation efforts where required.

All intellectual property issues are to be referred to TLC’s legal department, as indicated below.

Third Party Rights; Notice; Agent for Notice of Infringement.

If you believe that your intellectual property rights have been violated by TLC, please provide TLC’s legal department with the following information:

(a) your name and your electronic or physical signature, or the electronic or physical signature of the person authorized to act on your behalf with respect to the asserted intellectual property interests;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on TLC’s website or other materials;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;

(f) with respect to trademarks, identification of the infringed mark(s), including (i) a copy of each relevant federal trademark registration certificate or (ii) for allegations of common law infringement, evidence sufficient to establish the time period and geographic area in which the allegedly infringed mark has been used by you;

(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

TLC’s agent for notice of claims of intellectual property infringement can be reached as follows:

By mail: Texas Lottery Commission
Attn.: General Counsel
P.O. Box 16630
Austin, Texas 78761-6630

By phone: (512) 344-5241

By fax: (512) 344-5189

By e-mail: bob.biard@lottery.state.tx.us

Upon receipt of notice as described above, TLC will investigate the issue, take whatever action, in its sole discretion, that it deems appropriate, and will notify you within a commercially reasonable time after receipt of the written notice as to what action, if any, TLC has taken or intends to take. Notwithstanding the foregoing, TLC will comply as appropriate with the terms of any Texas statute or court order relating to the alleged infringement.

Nothing contained in this statement is or shall be construed as waiving the Texas Lottery Commission’s sovereign immunity, or as constituting legal advice to you. For any questions you may have as to such matters, you should retain legal counsel of your choosing and at your expense.

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