Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY AND PRINT A COPY FOR YOUR RECORDS

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions of your iHOPE® Discover® Debit Card (“Card”), including any non-personalized Card that you received at a Georgia Lottery retailer or claims center location (“Non-Personalized Card”) and any personalized Card (“Personalized Card”) obtained at the websites (“Websites” and collectively with the Mobile Application, the “Sites” or the “Site”) operated by or on behalf of the Georgia Lottery Corporation. Please read this Agreement carefully and keep it for your records.

In this Agreement, the words “you” and “your” mean the holder of the Card. “We,” “us,” “Wave Crest,” and “our” mean Wave Crest Payment Services of the Americas, Inc., the issuer of the Card. “Network” means the payment network run by Discover Financial Services and/or its affiliates, as reflected by the logo on your Card. A “transaction” means any use of your Card to purchase goods or services or obtain cash. A “Lottery transaction” means any use of your Card or Card account to purchase Georgia Lottery products at the Sites, any Retailer, or any Georgia Lottery kiosk.

1. Your Agreement. By loading value to or using your Card (including a Non-Personalized Card), you agree to the terms and conditions of this Agreement. The Card will remain the property of Wave Crest and must be surrendered upon demand.

2. Description of the Card. The Card may be obtained online at the Sites. Subject to certain use limits on Non-Personalized Cards (see Section 5), you may use the Card at any location that accepts Discover. The Card is a prepaid card. The funds associated with your Card are not held on your Card; instead, they are held in an account at a bank. The Card allows you to access the funds held in that card account. Neither your Card nor your card account constitutes a checking, savings, or other demand deposit bank account. The Card is not a credit card or a gift card. You will not receive any interest on your funds held in your card account. Your card account is for personal, family, or household purposes; it may not be used for business purposes. The funds in your card account will be FDIC insured provided your Card is registered by going to the Sites. Your funds will never expire, even if the Card itself expires. Some merchants who otherwise process Network transactions may not accept a Card because they can only process transactions where a Card has raised numbers.

3. Fees. We will charge the following fees in connection with your Card, subject to applicable law. We can also change the fees as described in Section 20 below. You agree that we may deduct any fees from your Card balance and you will pay any fees we do not obtain from your Card balance.

* ATM access for Personalized Cards and registered Non-Personalized Cards only. You may also be charged a fee by the ATM operator or ATM network (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

* Following the first month after the initial value load and except for months in which you make a lottery purchase with your Card, we will assess the Monthly Service Fee for the life of the Card.

Important information about procedures for Card setup: To help the government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you apply online for a Personalized Card, we will ask for your name, address, date of birth, Social Security number, phone number and other information that will allow us to identify you.

5. Using Your Unregistered Non-Personalized Card. If you obtain a Non-Personalized Card, either you or the Georgia Lottery (through a Retailer) may make a one-time, initial load of up to $600 prior to registration. Subsequent loads made prior to registration may only result directly from the Georgia Lottery and may not exceed $1,000 per day. Until you register your Card and we verify your identity, you may not do any of the following with your Non-Personalized Card: (a) load additional funds at a Retailer, (b) spend more than $1,000 per day, (c) make cash withdrawals, including at ATMs, or (d) make purchases at merchants outside the United States. WE MAY IMPOSE OTHER TRANSACTION LIMITS ON UNREGISTERED NON-PERSONALIZED CARDS FOR ANY REASON WITHOUT NOTICE TO YOU. You should treat your unregistered Non-Personalized Card like cash – if you lose the unregistered, Non-Personalized Card, we will not be able to replace the funds accessed by the Card.

6. Reloading Your Registered Card. After we verify your identity, you may reload your Card online through your lottery account (via ACH bank transfer or a debit card). For security reasons, we may at any time impose additional limits on the amount, number or type of Card reloads you can make and also may impose limits on the maximum Card balance. On the other hand, we may relax any of the foregoing limits at any time or from time to time in our discretion.

When available by us, you may arrange for direct deposit of your salary, wages or government benefits to your Card by completing and submitting to your employer or the appropriate government agency a form you can obtain by calling 1-800-GA-LUCKY (425-8259) or by going online to the Sites. However, we may limit direct deposits to Personalized Cards in our discretion. If you have arranged to have direct deposits made to your Card at least once every 60 days from the same person or company, you can call us at 1-800-GA-LUCKY (425-8259) or go online to the Sites to find out whether or not the deposit has been made. We will provide you with a routing and Direct Deposit number. You cannot use your routing and Direct Deposit numbers to make payments from your Card. Important: The Routing and Direct Deposit Numbers may not be used to pay bills or take money off your Card. All transactions of this type will be declined.

7. Use of Your Registered Card. You may only use the Personalized Card or registered Non-Personalized Card for personal, family or household purposes and not for making gifts. We may block a transaction if the Card has been reported as lost or stolen, has been suspended by us or we have reason to believe a transaction was not authorized by you. Subject to the limits on use set forth below and in Section 5 (regarding Non-Personalized Cards) and in Section 9 (regarding Lottery only transactions), you may use your registered Card for the following transactions:

• To make purchases everywhere Discover cards are accepted
• To make purchases (and obtain cash back) at any participating merchant that accept Discover Cards
• To obtain cash from ATMs that accept Network Cards, or from participating financial institutions

You may not use your Card to: (a) obtain more than $400 in cash from ATMs per day; (b) receive more than $100 cash back per day at any Network point of sale, or (c) obtain cash back from any Georgia Lottery terminal. For security reasons, we may impose additional limits on the amount, number or type of Card transactions at any time and without prior notice to you.

8. Preauthorized Payments. If you have authorized a company to obtain regular payments from your Card through the Network, you can stop any or all of these payments. Here’s how: Call us at 1-800-GA-LUCKY (425-8259) or write us at Cardholder Services, PO Box 025250 #39235, Miami, FL 33102-5250 in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and/or provide us with a copy of your notice to the payee revoking the payee’s authority to originate debits to your Card, and to get us this written request and/or notice within 14 days after you call. If we do not receive the written request and/or notice within 14 days, we may dishonor your oral stop payment request. If regular payments may vary in amount, the payee must generally give you written notice, at least ten days before each payment, when the payment will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

You should monitor your Card balance to make sure it is sufficient to cover any preauthorized transactions. If the balance is not sufficient, the transaction will be dishonored and the payee may suspend or cancel your service or impose charges on you.

9. Lottery Transactions. All Lottery transaction purchases are final and are governed by the rules of the Georgia Lottery. Winnings up to and including $5,000 from lottery games purchased with your Card will automatically be credited to your registered Card account, however all physical tickets purchased must be signed and kept as proof of purchase in the event of a dispute of any amount or to collect winnings in excess of $5,000. Numbers that are printed on the ticket are the numbers played. In order to resolve any dispute arising from a Lottery transaction, including value loads, you agree to obtain and keep all receipts associated with such Lottery transactions and present such receipt upon request. We are not responsible for any disputes you may have regarding any Georgia Lottery game (including, without limitation, disputes involving ticket purchases, or winning or losing numbers), and all such disputes must be settled directly with the Georgia Lottery. In order to purchase Georgia Lottery games online at the Sites, you must be physically located within the State of Georgia.

10. Your Responsibilities and Agreements.

• You must maintain a Card balance sufficient to pay for all transactions and all applicable fees. If the amount of a transaction plus any related fees exceeds the Card balance, the transaction may be declined.
• You must pay us immediately on demand if, for any reason, your iHOPE® card does not have a sufficient balance to cover the amount of a transaction and amounts owed to us.
• You agree we may deduct the amount of your transactions and applicable fees, and any other amount you owe us, directly from the Card balance.
• You will not authorize or allow anyone else to use your Card or transfer or sell your Card to anyone. However, if you breach this obligation, you are still liable for any transactions and fees resulting from the use of the Card by the other user.
• You will not use your Card in an illegal transaction or illegal reload and/or in connection with an Internet gambling transaction (provided that such limitation shall not apply to the use of the Card at the Sites, and provided that such purchase is otherwise in accordance with applicable law).
• You will take reasonable steps to protect your Card against loss or theft and to protect the security and confidentiality of the PIN you select for your registered Card.
• You will notify us right away if you believe your Card or PIN has been lost or stolen or that someone has used or may use your Card or PIN without your permission. You can notify us by calling toll-free 1-800-GA-LUCKY (425-8259) or writing us at Cardholder Services, PO Box 025250 #39235, Miami, FL 33102-5250. See Section 24, captioned “Your Liability for Unauthorized Use of Your Card or PIN.”
• You agree to cooperate with us in our investigation of any possible unauthorized use of your Card or any potential error regarding your card account.
• You agree to maintain a copy of any receipt resulting from a Lottery transaction, including any value load to your Card account.

11. Refunds and Credits. We are not responsible for the delivery, quality, safety, legality or other aspect of goods or services that you purchase from others, including the Georgia Lottery, and you must settle all such disputes about Card purchases with the seller. In the event of any error on our part or refund we owe you (other than a refund upon cancellation, expiration or termination of your Card), you agree to accept a credit to your Card account instead of a cash refund.

12. FDIC Insurance; No Interest Paid. The money credited to your Card will be held in a custodial account at a bank on your behalf. Once your Card is registered and loaded, we will make sure that there are enough funds at the bank to cover the amount of money credited to your Card. The amount of money in this custodial account is insured to the maximum limit provided by the FDIC. Unless you have successfully registered your Card at the Sites, any funds credited to your Non-Personalized Card will not be insured by the FDIC.

13. When Card Funds Are Available. Our policy is to make funds loaded to your Card account available as follows: (a) for debit card loads made online, immediately after we receive authorization; and (b) for bank account transfers to your Card, when we receive the funds (usually 3 to 5 business days).

14. Authorizations and Authorization Holds. When you use your Card to purchase goods or services, certain merchants (such as gas stations, hotels, rental companies and/or restaurants) may ask us to authorize the transaction in advance and may estimate its final value or potential final value. If the authorization request by a merchant exceeds your Card balance, we will generally decline to authorize the transaction. If we do authorize a transaction, we commit to make the requested funds available when the transaction finally settles. Accordingly, we place a “hold” on the authorized funds (which will not be available for other Card transactions) until the transaction clears, the merchant releases the hold or our authorization expires under Network rules. Depending upon the seller in question and Network rules, a hold could remain in place for up to 90 days, although most holds (other than holds placed by hotels, motels and rental companies) are removed within 48 hours.Regardless of the amount of a hold, we will only charge your Card for the actual amount of the final transaction, as reported to us through the Network.

15. Sharing Information About You. Our Privacy Policy accompanies and is part of this Agreement. You hereby agree to our collection, use and sharing of information about you and your Card as provided in our Privacy Policy.

16. Obtaining Card Balance or History; Receipts. You may obtain your Card balance and information about Card transactions, loads (including direct deposits) and fees by calling 1-800-GA-LUCKY (425-8259) and, after registration, by going online to the Sites. You can get a receipt at the time you make any Card transaction or load any funds at an ATM or point-of-sale terminal. You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt and provide it to us or the Georgia Lottery to verify your transactions and in order to dispute any transaction.

17. Our Liability. If we do not complete a Card load, reload, or transaction on time or in the correct amount according to this Agreement, we will be responsible for your losses or damages to the extent required by the Network and federal law. There are some exceptions to liability under federal law. For instance, we will not be liable if: (a) through no fault of ours, you do not have enough money available on your Card to make the transaction; (b) the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; (c) the system, ATM or POS terminal was not working properly and you knew about the breakdown before you started the transaction, load or reload; (d) circumstances beyond our control (such as fire or flood) prevent or delay the transaction, load or reload from being completed, despite reasonable precautions that we have taken; (e) you attempt to use a Card that has not been properly activated; or (f) the Georgia Lottery or its agents do not properly transmit transaction, load or reload information to us. There also may be other exceptions stated in this Agreement or provided by applicable law.

18. Foreign Transactions. If your Card is used in a transaction that is submitted to the Network in a currency other than U.S. dollars, the Network will convert the transaction amount to dollars using its currency conversion procedure then in force. Under the currency conversion procedures used by the Network, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate is typically either a government-mandated rate or a wholesale rate provided to the Network and in effect when the Network processes the transaction. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Card, and may be less favorable to you than the rate you could have gotten if you had converted U.S. dollars into cash. We charge a fee of 2.5% of the dollar amount of each transaction that you make outside the United States, whether or not the transaction was in a foreign currency.

19. Termination; Suspension; Expiration. Your Card will expire on the expiration date on the Card. We may reissue the Card when it expires, for no additional fee, and will generally send you a renewal Card if you have a balance remaining on the expired Card and the funds will be available to you through your renewal Card after activation. At any time, we may suspend your Card account and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, if you have breached your responsibilities under this Agreement, or for security reasons. We also may terminate your Card account and your use of the Card at any time and for any reason. Upon suspension, termination or expiration, we may stop accepting reloads to the Card account and/or transactions with the Card. You remain responsible for any use of your Card even after the Card account is terminated or your Card expires. To the extent permitted by law, you agree to pay attorneys’ fees and collection costs we incur in collecting amounts you owe us and enforcing our rights under this Agreement.

20. Changes; Waiver. In accordance with applicable law, we reserve the right to change, delete or add any provision to this Agreement and to apply any such modification to a Card that has been issued to you and to the Card balance. We will provide you notice of any such change as required by applicable law. If we decide not to enforce our rights or charge a fee in one situation, we are not giving up our right to enforce it or to charge the fee in a later situation.

21. Choice of Law. This Agreement and all aspects of your relationship with us with regard to your Card are governed by and construed in accordance with federal law and, to the extent that state law applies, the laws of the State of Florida.

22. Additional Terms. (a) Our business days are Monday through Friday, except for federal holidays. (b) We or our agents may monitor and/or record your telephone calls with us and our servicers or agents. (c) You will notify us promptly if you change your address or telephone number. (d) We may transfer any of our rights or obligations. You may not transfer any of your rights or obligations. (e) If any provision of this Agreement is determined to be void or unenforceable, all other provisions of this Agreement shall remain valid and enforceable. (f) This Agreement constitutes the entire agreement between you and us relating to the Card and supersedes any other prior or contemporaneous agreement between you and us. (g) Use of a Card is subject to all applicable rules and customs of the Network and the Georgia Lottery. (h) If a third party makes a claim against funds in your Card account, we receive notice of any lien, attachment, garnishment or other proceeding relating to you or your Card account or we have reason to believe there is or may be a dispute over matters such as the ownership of your Card account or your authority to withdraw funds, we may, in our sole discretion, without notice and subject to applicable law, either continue to permit Card transactions, honor the competing claim upon receipt of evidence we deem satisfactory to justify such action, freeze all or some of the Card account funds until the dispute is resolved to our satisfaction, or pay the funds into an appropriate court of law for resolution.

23. Dispute And Claim (Including Arbitration) Resolution Provision.

(a) General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR CARD, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. This Provision will stay in force no matter what happens to your Card, including termination.

Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim involving you and/or any additional person who uses a Card, on the one hand; and us, our affiliates, agents, and/or any company that provides services with respect to your Card, on the other hand, if the dispute or claim arises from or relates to your Card, this Agreement or any related advertising or documents. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing, we may require you to arbitrate your claim.

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER CARDHOLDER (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. If it is finally determined that this paragraph (the “Class Action Waiver”) is not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’s determination concerning the enforceability of this paragraph shall be subject to appeal.

Only a court may decide whether this Provision is enforceable.

Electing Arbitration; Starting an Arbitration. If you or we elect to arbitrate or require arbitration of a claim with us, the electing party must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to Wave Crest Payment Services of the Americas, Inc., PO Box 025250 #39235, Miami, FL 33102-5250, ATTN: ARBITRATION DEMAND, and our notice must be sent to the most recent address for you in our files. The party seeking arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com). If neither the AAA nor JAMS is able or willing to handle the dispute, then the parties by mutual agreement or the court will select the arbitration administrator, provided that no arbitration administrator may have in place any policy inconsistent with the Class Action Waiver.

The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal experience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control.

Arbitration Location and Fees. The arbitration will take place by phone or at a location reasonably convenient to you. Upon your request, we will normally pay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal fees and costs, to the extent required under applicable law or in order for this Provision to be enforced.

Governing Law. This Provision is governed by the Federal Arbitration Act (the “FAA”). Florida law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter had been brought in court, (2) this Provision, and (3) the administrator’s rules. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.

Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim. Rejection will not affect any other aspect of this Agreement. To reject, you must send us a signed notice within 60 days after you activate your Card. The notice must include your name, address, and Card number and must be mailed to Wave Crest Payment Services of the Americas, Inc., PO Box 025250 #39235, Miami, FL 33102-5250, ATTN: ARBITRATION REJECTION. This is the only way you can reject this Provision.

24. Your Liability for Unauthorized Use of Your Card or PIN

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Calling is the best way of notifying us. You will not lose any part of the money on your Personalized Card or registered Non-Personalized Card based on unauthorized use if you have exercised reasonable care in safeguarding your Card and PIN from risk of loss or theft. However, if you have not exercised such reasonable care, you could lose the lesser of $50 or the amount of unauthorized use from your Card before you notify us that your Card has been lost or stolen. If you believe your Card or PIN has been lost or stolen, call 1-800-GA-LUCKY (425-8259), or write to iHOPE® Customer Service, PO Box 025250 #39235, Miami, FL 33102-5250.

25. Error Resolution

* * * Notice of Error Resolution Rights for Your Card—Keep This Notice For Future Use * * *

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR Card: Call us at 1-800-GA-LUCKY (425-8259) or write to us at iHOPE® Customer Service, PO Box 025250 #39235, Miami, FL 33102-5250, as soon as you can, if you think an error has occurred with a Network transaction made with your Card. We will allow you to report such an error until 60 days after the earlier of the date you electronically access your Card, if the error could be viewed in your electronic history. You may obtain a written history of your transactions and reloads at any time by logging on to the Sites. In order to notify us of an error, you will need to tell us:

1. Your name and Card number.

2. Why you believe there is an error, and the dollar amount involved.

3. Approximately when the error took place.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.

For errors involving new customers, point-of-sale, or foreign-initiated transactions, loads or reloads, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 1- 800-GA-LUCKY (425-8259) or visit the Sites. You agree that any unauthorized use does not include use by a person to whom you have given authority to use the Card or PIN and that you will be liable for all such uses by such person. For example, if you have given your Card or Card information to another person to use, such as a friend or relative, you are responsible for that person’s transactions with your Card, and if you have given your Card information to a merchant, you have given authority to that merchant to debit the Card.

26. E-Sign Authorization. Before we can open a Personalized Card account for you or register your Non-Personalized Card online, we must receive your consent to the electronic delivery of Communications regarding your Card and any related products and services.  Please read the Electronic Communications Disclosure and when you register online you will be requested to provide your consent.

• I have read the Electronic Communications Disclosure and consent to the electronic delivery of Disclosures. I further acknowledge that (a) my computer satisfies the hardware and software requirements specified in the Electronic Communications Disclosure, (b) I am able to electronically access the Sites and to electronically access and print the Communications you will be providing to me, (c) I am able to download this Electronic Communications Disclosure, and (d) I am able to receive Communications at the e-mail address I provided to you. 

Discover^® and the Discover acceptance mark are service marks used by Wave Crest Payment Services of the Americas, Inc. under license from Discover Financial Services.

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