They have to type the words "I agree" during a lot rules confirmation before the instance starts to even have them investigate it. (confirmed by GM response)

The funny thing is they say they won't be allowing us to "Pass" after a lot has been made at any time in the near future. That alone gives literally every ninja lotter an out. "Oops! My bad, meant to hit pass!". Nothing in the ToS says anything about this. If you want to say it's "harassment", good luck. Not every player reads DEV posts, so save that argument as well. It's naive to think they can drop ban hammers on people for (physically) correct use of a system they engineered. Many many threads on this across official forums and reddit etc, and not one with legit proof that something will be done.

tl;dr : Using game functions the way they were intended, is not against your ToS. The only exception is a chat log "contract". Prove me wrong.