The Site (i) provides information about leading worldwide official lotteries (each a "Lottery") that are provided by independent official lottery operators (each a "Lottery Operator"), (ii) enables registered Site users ("Users") to purchase lottery tickets for specific and separate Lottery draws (each a "Lottery Draw"); and (iii) offers Services (defined below) to Users, all subject to and in accordance with these Terms. A complete list of the Lotteries in which Users may participate, and the schedule for each Lottery Draw, is displayed on the Site.
- Consent, Modification, and Language.
We reserve the right, at our discretion, to change the Site Terms at any time; if we do so we will notify you by email, to your designated email address, or we will post the revised Terms on the Site. Any such change shall become effective ten (10) days following the notification and your continued use of the Site thereafter means that you accept those changes.
If you are reading a translation of any Site Terms in a language other than English, you acknowledge and agree that (i) the English version is the official version; (ii) the non-English version is provided for your convenience only and the translation will not be valid as an agreement; and (iii) in the event of any inconsistency between the English and a non-English version of any Site Terms, the English version will prevail and govern.
- Ability to Accept Terms.
The Site is not intended for individuals under the age of eighteen (18). Therefore, if you are under 18 years, you are prohibited from registering an Account (defined below) and using the Services (defined below). If it comes to our attention through reliable means that a User is under the age of 18 years we may, to the extent applicable, cancel that User's Account and/or access to the Site.
- Site Access and Use.
We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the Site; (v) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (vi) use the Site for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We reserve all rights not expressly granted in and to the Site.
Subject to applicable registration requirements, and your compliance with these Terms, we offer certain services in connection with the Site ("Services"), including, without limitation: the Lottery Ticket Service (see Section 8), See Your Ticket Service (see Section 8.8), Prize Collection Service (see Section 12), Category Service (see Section 13), Subscription Service (see Section 14), Alert Service (see Section 15), Tell-A-Friend Service (see Section 18), Charity Service (see Section 23), and the Support Service (see Section 29).
General. In order to use some of the Services, it is necessary to first create an account (an "Account") and submit certain mandatory information to us in connection with your Account. You reserve the right to decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to register an Account and use and participate in certain Services. You may only register one Account for your own personal use. You agree not to create an Account for anyone else or use the Account of another. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify theLotter immediately of any breach of security or unauthorized use of your Account. You can stop using, and may delete, your Account at any time by using the tools that are available on the Site ("Site Tools").
Account Restrictions. If you are an (i) employee, director, officer, or Agent (defined below) of theLotter (each an "Employee"), or (ii) a spouse, de facto partner, parent, sibling, child or close family member of an Employee, then you are prohibited from registering an Account and participating in any Services. "Agent" means any
(a) entity or person that is connected with the management or operation of a Lottery Draw, and includes each Lottery Operator and its employees; or
(b) any third party service provider (and its employees) that we engage to perform Site management tasks on our behalf.
- Lottery Draws.
Each Lottery Draw is performed by the Lottery Operator. Your participation in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator ("Lottery Operator Rules"), which you agree to independently review and comply with.
- The Lottery Ticket Service.
General. We (i) make certain tools available on the Site so that Users can complete and submit online lottery forms in connection with Lottery Draws ("Forms"); (ii) engage local representatives to locally lodge Forms on our Users' behalf with Lottery Operators ("Local Representative"); (iii) display the results of Lottery Draws on the Site; (iv) if applicable, collect the winnings from the Lottery Operators and facilitate the payment of Prizes (defined below) to eligible Users; and/or (v) if applicable, facilitate the hand-delivery of a Winning Lottery Ticket (defined below) to eligible Users (collectively, the "Lottery Ticket Service").
Participation in the Lottery Ticket Service. In order to participate in the Lottery Ticket Service you must (i) have registered a valid, and maintain an active, Account; and (ii) comply with these Terms.
Completion, Submission and Purchasing of Forms. If you wish to participate in a Lottery Draw, you must use the Site Tools to (i) complete a Form by choosing the type of form and inserting your numbers into each line; (ii) submit the completed Form; and (iii) pay the price for submitting the Form and participating in the related Lottery Draw ("Form Price").
Form Price. The Form Price (i) is the amount displayed on the Site at the time you submit the Form; (ii) includes our service fee and therefore may be higher than the participation price you would pay if you paid to submit an equivalent lottery form directly to the Lottery Operator; (iii) is subject to change from time to time, as displayed on the Site; and (iv) is subject to the quantity of lines and numbers in the Form that you choose to submit and the number of lottery games you choose to participate in. Payment of the Form Price will be made in your Designated Currency (defined below).
Confirmation of Form Price Payment.
(a) Confirmed Payments. Upon our receipt of the Form Price, we will send you an email payment confirmation. You may also view information about your participation, including your payment details and the name and date of the related Lottery Draw, in Your Account.
(b) Pending Payments. In the unlikely event that there is a delay (for example, due to technical issues in the processing of a transaction) between your submission of a Form and payment of the Form Price and our receipt of payment, then the status of the transaction will be pending until such time as we receive the Form Price.
Cut-off Time. We stop to accept the submission of a Form a certain number of hours prior to the performance of the related Lottery Draw by its Lottery Operator ("Cut-Off Time"). We display the amount of time that is remaining until the Cut-Off Time for each Lottery Draw on the Site. We retain the right in our sole discretion to determine the length of the Cut-Off Time. Please be aware that once the Cut-Off Time for a particular Lottery Draw has expired, you will no longer be able to submit a Form for it.
Local Submission of Forms and Local Representatives. Following our receipt of a Form and Form Price, we engage a Local Representative to locally lodge the Form with, and purchase the related lottery ticket from, the Lottery Operator ("Lottery Ticket"). We use commercially reasonable efforts to ensure that each Lottery Ticket complies, and is lodged in accordance, with the time-frames set forth in the related Lottery Operator Rules. You acknowledge that since Lottery Tickets are purchased locally immediately following your submission of the Form, there is no option of timely cancellation and you agree that your submission of a Form and payment of the related Form Price is final, non-cancelable, and non-refundable (except as expressly set forth in these Terms). In the event of any inconsistency between the numbers appearing on a Form and a Lottery Ticket, the numbers on the Lottery Ticket will prevail.
See Your Ticket Service. You may view scanned copies of your Lottery Tickets in your Account (the "See Your Ticket Service"). You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view.
- Performance of the Lottery Draw and Results.
Following each Lottery Draw, the Lottery Operator publishes the related final and conclusive winning numbers ("Winning Numbers"). To the extent that a Lottery Ticket includes Winning Numbers you may be entitled to a cash prize to be paid by the Lottery Operator ("Prizes"). The number of Winning Numbers that you need to obtain to be entitled to Winnings in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We use commercially reasonable efforts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, on the Site as soon as possible following official publication thereof by the related Lottery Operator. If your Lottery Ticket is a winning ticket ("Winning Lottery Ticket") then we will send an email to your designated email account and (if you have chosen to participate in our Alert Service) an SMS to your designated mobile phone number, notifying you of your entitlement to collect a Prize.
- The Lottery Ticket Service.
General. The Site differentiates between the following categories of Prizes: (i) the top prize in a particular Lottery Draw ("Jackpot") and Prizes that are subject to local tax in the jurisdiction of the Lottery Operator ("Locally Taxed Winnings"); and (ii) Prizes that are not a Jackpot or Locally Taxed Winnings ("Secondary Winnings"). Depending on the category, we offer different options for you to either personally collect your Prize or to have it transferred to you, all subject to and in accordance with these Terms.
Jackpots and Locally Taxed Winnings. If you are entitled to a Jackpot or Locally Taxed Winnings, then you are responsible for personally collecting the Prize from the related Lottery Operator in accordance with the section herein entitled 'Direct Prize Collections'. Notwithstanding the foregoing, theLotter may, in its sole discretion, offer to collect the Prize on your behalf from the related Lottery Operator and transfer the Prize to you in accordance with our Prize Collection Service.
Secondary Winnings. If you are entitled to Secondary Winnings, you agree that we will collect the Winnings on your behalf from the related Lottery Operator and transfer the Winnings to you in accordance with our Prize Collection Service.
- The Lottery Ticket Service.
General. If you are required, or choose to, personally collect your Prize directly from the related Lottery Operator, we will arrange for one of our representatives to meet you at our offices (or another location of our choice) in the country of the Lottery Operator ("Territory") and hand-deliver your Winning Lottery Ticket to you. You agree to cooperate with theLotter, or its representative, to facilitate you taking possession of the Winning Lottery Ticket. You agree that prior to you taking possession of your Winning Lottery Ticket you must first sign a legal waiver and release stating that you (i) have taken, or are taking, possession of the Winning Lottery Ticket; (ii) are personally responsible for collecting the Prize directly from the related Lottery Operator; and (iii) and you waive any legal or equitable claims, rights or remedies you may have against theLotter, and the Local Representative, with respect to your collection, or non-collection, of the Prize. Under no circumstances shall theLotter have any obligation to pay you an amount equal to what a Lottery Operator may fail to pay you in connection with any Prize.
Travel and Travel Costs.
(a) General. If you are not located in the Territory, then you acknowledge that you may need to travel to the Territory to personally collect your Prize ("Travel"). You are solely responsible and liable for your Travel to and from the Territory, and (except to the extent expressly set forth in Section 11.2(b) below) all of your related costs and expenses, including, without limitation, travel, accommodation and subsistence costs.
(b) Contribution Towards Travel Expenses. Notwithstanding Section 11.2(a) above, if you (i) are entitled to a Jackpot or another amount that we in our sole discretion may choose; (ii) do not currently reside in the Territory; and (iii) are required in accordance with these Terms to travel to the Territory to personally collect your Prize, then we may, in our sole discretion, offer (but are not under any obligation) to pay for some, or all, of your travel expenses. You acknowledge that our payment of any travel expenses may be subject to your participation in certain marketing related activities in connection with your collection of the Prize from the Lottery Operator in the Territory.
Preconditions and Waiver of Claims.
If you Travel to collect your Prize, then you agree that you remain solely responsible and liable for, and shall: (i) obtain all necessary visas and permits that are necessary to enter the Territory; (ii) secure travel insurance (which must cover you for medical, personal injury and property claims); (iii) obtain all medical inoculations, approvals and/or consents; and (iv) comply with any Lottery Operator Rules that require the completion and submission of specific forms, paperwork or documentation prior to collecting a Prize (collectively, "Travel Requirements"). You acknowledge that your failure to obtain or comply with certain Travel Requirements may preclude you from collecting your Prize. You undertake all Travel at your own risk. You hereby waive any legal or equitable claims, rights or remedies you may have against theLotter with respect to
(a) any Travel, including without limitation Travel-related incidents, injuries, illnesses, or losses that you may suffer or incur; and
(b) your failure to obtain or comply with any Travel Requirements, including if you are unable to collect your Prize as a result.
- Consent, Modification, and Language.
We offer a collection and transfer service whereby we will collect your Prize from the Lottery Operator on your behalf and transfer it to your Account (the "Prize Collection Service"). You retain the right to withdraw any Real Money (defined below) in your Account at any time in accordance with Section 22.5 (entitled 'Withdrawals from Your Account') herein.
You hereby authorize the Site and its representatives to collect your Prize from the related Lottery Operator on your behalf and transfer it to you. We use commercially reasonable efforts to transfer the Prize to you promptly after our actual receipt of the Prize from the Lottery Operator. We will transfer the Prize to you in your Designated Currency. You acknowledge and agree that if, for any reason, the Lottery Operator fails to deliver the Prize to us, then (i) we will not have any obligation to pay a corresponding amount to you; and (ii) we will make the Winning Lottery Ticket available to you, in which case you may choose to personally collect your Prize from the Lottery Operator.
You expressly acknowledge and agree that (i) if we collect the Prize on your behalf and transfer it to you, then we may deduct associated bank transfer costs from the amount of the Prize; and (ii) as applicable, the Lottery Operator may deduct taxes, withholdings, or other sums from the amount of the Prize in accordance with its Lottery Operator Rules.
- The Category Service.
General. We provide a service on the Site (the "Category Service") whereby we designate and display the then-current Lottery Draw with (i) the biggest declared jackpot ("theBig"); and (ii) the best cost/benefit ratio ("theSmart"). theBig and theSmart is each referred to in these Terms as a "Category". Additional information about each Category is displayed on the Site.
You acknowledge and agree that (i) our designation of a Lottery Draw as theBig or theSmart is based on our sole judgment and methodology; (ii) our designation of a Lottery Draw as theBig or theSmart does not provide any opinion, and should not be taken to constitute any advice, about which Lottery Draw you should participate in or whether you have an increased chance of success if you participate in a Lottery Draw within a particular Category; and (iii) the Lottery Draw that is displayed at any given time in a Category on the Site is subject to change.
- The Subscription Service.
General. The Site enables you to automatically participate in a specific Lottery or in a specific Category (theBig or theSmart) on a periodic basis (the "Subscription Service").
Frequency of Participation.
(a) If you elect to participate in the Subscription Service and subscribe to a specific Lottery, then you will participate in each future Lottery Draw of that Lottery. You acknowledge that the frequency of Lottery Draws each week depends on the specific Lottery that you are choosing to subscribe to (for example, some Lotteries have a draw once a week, whereas others have a draw two or three times per week).
(b) If you elect to participate in the Subscription Service and subscribe to a specific Category, then you will participate in two (2) Lottery Draws each week (or another amount, as displayed on the Site). The actual Lottery Draw that you participate in each time will be based on the Lottery Draw that is featured in your nominated Category at the times displayed on the Site.
(c) Our system endeavors to prevent you from participating in the same Lottery Draw twice. Therefore, if a Lottery Draw that you have already participated in as part of the Subscription Service is featured as theBig or theSmart, you will automatically participate in the Lottery Draw that (i) for theBig, has the next highest displayed jackpot at the time of the draw; or (ii) for theSmart, has the next best displayed cost/benefit ratio at the time of the draw.
(d) You may choose to simultaneously join an unlimited number of subscriptions (for different Lottery Draws or for different Categories).
Subscription Form Numbers
(a) Default Numbers. By default, your participation in any of the Lotteries through the Subscription Service will be based on the Form numbers that you designate when you commence participating in the Subscription Service ("Subscription Form Numbers"). You may use the Site Tools, at any time, to replace the Subscription Form Numbers with the Form numbers that you have designated in the 'My Numbers' feature of your Account.
(b) Randomly Selected Numbers. If you are participating in the Category Subscription Service, then you acknowledge that you may automatically participate in different Lotteries. Since each Lottery has different rules for participation, your Subscription Form Numbers may not be suited to each Lottery Draw. In such an event you will continue to participate in the Lottery Draw and: (i) our system will use each of your Subscription Form Numbers that fall within the numbers range of the related Lottery Draw; (ii) to the extent that any additional numbers are needed, or your Subscription Form Numbers are not within the numbers range of the Lottery Draw, then our system will randomly select the missing or alternative numbers; and (iii) you hereby waive any claims you may have against theLotter with respect to the selection of any missing or alternative numbers.
Term of Participation. You agree that your subscription, and related payment obligations, will remain active until such time as you use the Site Tools to suspend or deactivate your participation in the Subscription Service, which you may do at any time (you may also use the Site Tools to reactivate your participation in the Subscription Service).
(a) For such time as you are participating in the Subscription Service, you will be debited the Form Price for each Lottery Draw that you play.
(b) We endeavor to lodge each Lottery Ticket as soon as the Site begins to accept Forms for a Lottery Draw, and therefore you acknowledge that if you decide to suspend or deactivate your participation in the Subscription Service, you may still be charged, and you agree to pay, the Form Price for the next-to-occur Lottery Draw.
(c) You acknowledge that the Form Price for each Lottery Draw may be subject to change for a number of reasons including, without limitation: (i) since the amounts that are displayed on the Site are based on your Designated Currency, the Form Prices are subject to daily currency conversion variations; (ii) the Lottery Operator may change the price that it charges for its lottery tickets; (iii) since the Form Price may differ between various Lotteries, the Form Price for each Category may be different depending on which Lottery Draw is designated in that Category; or (iv) our service fees may change.
(d) If you are participating in the Category Subscription Service, then you may use the Site Tools to define (and subsequently adjust) a maximum price that you are willing to pay for any Form in connection with a specific Lottery Draw ("Price Limit"). If a Form Price for your particular Category is above your Price Limit, then you will automatically purchase the next-available Form that is below your Price Limit (and, as applicable: (i) for theBig, is in connection with the Lottery Draw that has the next highest displayed jackpot at the time of the draw; or (ii) for theSmart, is in connection with the Lottery Draw that has the next best displayed cost/benefit ratio at the time of the draw).
Adequate Funds. You agree that we may automatically debit your Account in connection with your participation in the Subscription Service. If your Account does not contain adequate funds to pay for your participation in the Subscription Service then (i) we will charge your payment method (for example, the credit card that you have designated in your Account), and you hereby authorize us to do so; or (ii) we will not purchase your Lottery Ticket, in which event we will send an email to your designated email address notifying you that the transaction was not carried out due to insufficient funds.
- Alert Service.
Valid Email Address and Mobile Phone Number. In order to use the Alert Service you must (i) have registered a valid, and maintain an active, Account; (ii) comply with these Terms; and (iii) if you wish to receive Email Alerts and/or SMS Alerts, maintain (as applicable) an active external email account ("Email Address") and/or mobile phone number ("Mobile Phone Number"). You may elect to use any part of the Alert Service by using the Site Tools to provide us your Email Address and/or Mobile Phone Number and to designate information about Lottery Draws, Prizes, or the Services that you would like to receive (collectively, "Notifications"). You agree
a) that, depending on your designated method for receiving Notifications, we will send you Notifications to your Email Address and/or Mobile Phone Number;
(b) to only provide accurate and current contact details for yourself, and to update your Email Address and/or Mobile Phone Number by using the Site Tools if either of them changes; and
(c) that you will continue to receive Notifications from us until such time as you use the Site Tools to suspend your participation in the Alert Service, or change the Notifications that you wish to receive, both of which you may do at any time.
Costs. We do not currently charge for using our Alert Service. However, some third party service providers charge a fee for you to receive SMS messages. If you choose to receive SMS Alerts (or otherwise choose to receive an advertising-related SMS from us), you acknowledge and agree that you may be charged your telecommunications carrier's or internet provider's messaging, data, internet access and other rates and fees for receiving the SMS.
To the extent that we offer certain promotions on the Site, you agree that your participation in said promotions is subject to these Terms. Details of our then-current promotions are displayed on the Site, as updated from time to time.
- VIP Club.
We offer Users that meet certain usage targets specified on the Site the opportunity to join our member-only promotional club (the "VIP Club"). Details of the VIP Club, as well as the criteria for, and benefits of, membership are displayed on the Site, as updated from time to time. You agree that your participation in the VIP Club is subject to these Terms, and we reserve the right to discontinue the VIP Club, and/or your participation therein, at any time in our sole discretion.
- Tell-A-Friend Service.
General. The Site includes an invitation service that enables you to invite your friends and contacts (each a "Friend") to register a Site account and use our Services, subject to these Terms ("Tell-A-Friend Service"). In order to participate in the Tell-A-Friend Service you must (i) have registered a valid, and maintain an active, Account; and (ii) comply with these Terms. If you choose to participate in the Tell-A-Friend Service, you agree
(a) to only send invitations to your friends and contacts that you know; and
(b) not to misrepresent your relationship with theLotter to any third party or make any warranty or representation on behalf of theLotter.
Invitation Email and Invitation Link. Based on the contact information that you provide us for your Friend(s), we will send your Friend(s) an invitation email inviting them to visit the Site, register an account, and use the Services ("Invitation Email"). The Invitation Email will include a link to the Site ("Invitation Link"). We use the Invitation Link to verify that a Friend has been referred to the Site by you via the Tell-A-Friend Service. You acknowledge that failure to register a Site account via the Invitation Link will mean that we cannot trace the referral and we will not credit you any Referral Bonus, even if your Friend registers a Site account independently of the Invitation Link.
Referral Bonus. If you refer a Friend to the Site and they register an Account via the Invitation Link and purchase a Form for a Lottery Draw, then you may be eligible to receive a Referral Bonus from us, which will be credited to your Account, for you to use in connection with the Site ("Referral Bonus"). The amount of the Referral Bonus is published on the Site. The Referral Bonus will be credited to your Account within three (3) days of the date upon which your Friend first purchases a Form and participates in a Lottery Draw. Please note that you will not be entitled to a Referral Bonus if you and your Friend share the same IP address. Bonus money deposited to customers’ accounts will be valid for the period of six (6) months from the date of deposit. At the end of this period, the bonus money will be removed from the customer’s account with prior email notification.
Referred Present. If you are referred to the Site via the Tell-A-Friend Service, then you may be eligible to receive a certain amount of credit from us, which will be credited to your Account, for you to use in connection with the Site ("Referred Present"). The amount of the Referred Present is published on the Site. The Referred Present will be credited to your Account within three (3) days of the date upon which you first purchase a Form and participate in a Lottery Draw. Please note that you will not be entitled to a Referred Present if you and the friend that referred you share the same IP address.
- Welcome Bonus.
If you are a new User to the Site and you register an Account and purchase a Form, then you may be eligible to receive a certain amount of welcome credit from us, which will be credited to your Account, for you to use in connection with the Site ("Welcome Bonus"). The amount of Welcome Bonus is published on the Site. The Welcome Bonus will be credited to your Account shortly after the first time that you purchase a Form and participate in your first Lottery Draw. Bonus money deposited to customers’ accounts will be valid for the period of six (6) months from the date of deposit. At the end of this period, the bonus money will be removed from the customer’s account with prior email notification.
- Payments by You to theLotter.
Purchases. You acknowledge and agree that if (i) you choose to make a purchase on the Site (for example, by paying the Form Price) with your credit card; or (ii) there are insufficient funds in your Account to pay for a transaction that you have entered into, then theLotter may charge that credit card or the credit card that you designate in your Account, and you hereby authorize the charging of that credit card (or any replacement card).
Subscription Service. If you choose to use the Subscription Service to submit Forms on a recurring basis, we may collect the Form Prices through a recurring payment using your designated payment method (including by credit card). In connection thereto, theLotter may submit period charges without further authorization from you, and such authorization shall remain effective until cancelled by you.
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 shall be liable for any card issuer processing fees in connection with payments and recurring payments; (iv) except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable; (v) if payment is not 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, theLotter may charge a reasonable rejected payment fee; and (vi) any failure or inability by theLotter to process any payment hereunder does not relieve you from your payment obligations.
- Refund Policy.
Except as expressly stated in these Terms, you acknowledge and agree that any Form Prices and fees and/or payments paid by you to theLotter in connection with your use of the Site and any Services are non-refundable.
If you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via our Support Service. Please be aware that we will not consider any such refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you that amount.
- The Transfer of Amounts to You and Your Use of Such Amounts.
General. During your use of the Site and Services, the following types of money or credit may be transferred to you or to your Account: (i) Prizes; (ii) the cash value of money that you deposit into your Account for your use on the Site ("Deposits"); and/or (iii) a Referral Bonus, Referred Present or Welcome Bonus. Prizes and Deposits are collectively referred to herein as "Real Money". Referral Bonuses, the Referred Present and the Welcome Bonus are collectively referred to herein as "Bonus Credit". Your entitlement to any Real Money and/or Bonus Credit is subject to and in accordance with these Terms. Bonus money deposited to customers’ accounts will be valid for the period of six (6) months from the date of deposit. At the end of this period, the bonus money will be removed from the customer’s account with prior email notification.
Use of Real Money. Real Money is transferred to your Account and may be used in connection with your future transactions on the Site (for example to purchase Forms). You may withdraw any unused Real Money at any time in accordance with Section 22.5 (entitled 'Withdrawals from Your Account') herein.
Use of Bonus Credit. Bonus Credit is credited to your Account and may be used solely in connection with your future transactions on the Site (for example to purchase Forms). You may not withdraw the cash or monetary value of unused Bonus Credit from your Account. Bonus money deposited to customers’ accounts will be valid for the period of six (6) months from the date of deposit. At the end of this period, the bonus money will be removed from the customer’s account with prior email notification.
Order of Use and Sufficient Funds. If you make a purchase via the Site, then we will first debit any available Bonus Credit that you have in your Account. If there is insufficient Bonus Credit to pay for your transaction, we will debit any Real Money that you have in your Account. Please be aware that if your Account does not contain sufficient Bonus Credit or Real Money to pay for your transaction, then we will charge the payment method that you have designated in your Account (for example, your credit card), and you hereby authorize us to do so.
Withdrawals from your Account. You may at any time use the Site Tools to withdraw the available Real Money in your Account, or any part thereof, by selecting your preferred withdrawal method. In order to withdraw certain amounts, you may first be required to provide us with specific information that will be used to confirm your identification and/or verify your credit card or other payment method. Additional information regarding the withdrawal of Real Money is displayed on the Site here
. Please note that if we provide you with any Bonus Credit then it is solely for you to use in connection with the Site and it cannot be withdrawn from your Account.
Taxes and Reporting. You shall be solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you by the Site under these Terms. You acknowledge and agree that the Lottery Operator might retain a portion of your Prize and forward it to the appropriate taxing authority on your behalf.
Currency. To the extent that we credit or transfer you any amounts under these Terms, we will do so in the same currency that you have designated in your Account to make payments to theLotter ("Designated Currency"). You may choose your Designated Currency from a list of currencies that we display on the Site. You may change your Designated Currency at any time by accessing your Account and using the Site Tools. Please be aware that each time you change your Designated Currency, the funds in your Account will automatically be converted into the new currency and we may charge you a currency exchange fee for each such conversion; the amount of the fee is displayed on the Site.
- Charity Service
We enable you to donate up to 10 USD of your Prize to certain charitable organizations that are displayed on the Site, and we will make a separate donation from our own funds to the same charitable organization that corresponds with the amount of your donation ("Charity Service"). The maximum amount that you may donate in connection with each Prize is ten (10) United States Dollars, British Pounds or Euro Dollars (depending on your Designated Currency). If you choose to participate in the Charity Service, you must use the Site Tools to make your donation.
- Intellectual Property Rights.
The content on the Site, including without limitation, the text, documents, descriptions, products, technology, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of theLotter and/or its licensors and may be protected by applicable copyright, trademark, patent or other intellectual property laws and treaties. Content may include information about lotteries in general, Lottery Draws and the results and prize money in connection with the foregoing, and information regarding the odds of winning a Lottery Draw. We reserve all rights not expressly granted in and to the Site and the Content. Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “theLotter”, theLotter logo, "theBig", "theSmart", "Your Global Lottery Agent" and other marks are Marks of theLotter or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of theLotter, its users or the public.
theLotter permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with theLotter or present any false information about theLotter and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that
(a) is offensive or controversial (both at our discretion), or
(b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Support Service, Questions, and Complaints.
If you have any questions or complaints regarding the Site, including with respect to our Services and/or any payments, you may (i) email us at support@theLotter.com
, (ii) submit an inquiry to us by using the 'Contact Us' option that is provided on the Site; (iii) chat with us via the online tool that we provide on the Site; and/or (iv) call us (at your own cost) to the support telephone number that we display on the Site (collectively, the "Support Service"). We use commercially reasonable efforts to respond as quickly as possible. If you have a complaint, you agree to provide full details of your complaint so that we can clearly identify the issue of concern. We may use the tools, software or services of third party service providers in connection with the Support Service.
- Warranty Disclaimers.
This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
The site is provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. theLotter hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
theLotter does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. you agree that theLotter will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, overload of our or other servers, delay or failure in transmission, or any alteration or distortion of data.
We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the site by a third party.
You agree that theLotter shall not be liable for any lost lottery ticket or failure to lodge a form or purchase a lottery ticket, or for any clerical errors that may be included in a lottery ticket, whether such failure or error arises from our, or one of our service provider's systems, or from our, or one of our service provider's, human error (each an "incident"). To the extent that any incident arises, or we become aware of any incident, we reserve the right to cancel a lottery ticket and our sole liability to you, and your sole remedy, shall be a refund of the related form price.
You acknowledge that content regarding a lottery draw, including the official results of any lottery draw (collectively, "lottery operator data"), is based on information that we obtain from lottery operators and such content may be incorrect, incomplete, and subject to change. We do not warrant, endorse or guarantee the accuracy, currency, or completeness of any lottery operator data and you agree to verify lottery operator data via the website or official publications of the relevant lottery operator.
We do not make any representation or warranty regarding your chance of obtaining winning numbers or of being entitled to a prize.
theLotter does not guarantee that a lottery operator will perform (including properly) any lottery draw, honor a lottery ticket and/or, pay applicable prizes, and you agree that theLotter will not be responsible for the failure of any lottery operator in connection with any of the foregoing activities. in no event will theLotter be required or liable to pay you any prize, or amount equal to the prize, in the event that a lottery operator fails to do so for any reason. you hereby waive any legal or equitable claims, rights or remedies you may have against theLotter that arises from your interaction with a lottery operator and/or the actions or inactions of a lottery operator.
theLotter is not a lottery operator and does not hold or provide lottery draws. your participation in each lottery draw is voluntary and at your sole risk. if you have a dispute with a lottery operator or any other user or third party in connection with the site and/or a lottery draw (and any prize in connection thereto), you agree that theLotter is not liable for any claims or damages arising out of or connected with such a dispute. theLotter reserves the right, but has no obligation, to monitor any such dispute.
- Limitation of Liability.
Under no circumstances shall theLotter, or our affiliates, and our respective officers, directors, employees, licensors, assigns and/or agents be liable for any loss of money, goodwill, reputation, special, indirect, direct, incidental, punitive or consequential damages of any kind that arises under these terms or that results from the use of, or the inability to use, the site even if theLotter has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Under no circumstances shall theLotter's, or our affiliates', and our respective officer's, director's, employee's, licensor's, assign's and/or agent's total aggregate liability under these terms exceed the greater of (i) the amount (if any) paid by you to theLotter for using the site within the three (3) months preceding the date giving rise to said claim; or (ii) us$100 (one hundred u.s. dollars).
You agree to defend, indemnify and hold harmless theLotter and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) any dispute between you and another User or Lottery Operator; or (iii) your violation of the Site Terms.
- Responsible Gaming Policy.
theLotter encourages a responsible attitude towards betting and gaming, and in this regard we: (i) prohibit anyone under the age of 18 years from registering an Account and using our Services; (ii) recommend that all Users establish limits for participating in Lottery Draws; and (iii) do not recommend that Users turn to Lotteries as a source of income or as a way to recoup debt. If you feel that you are using our Services in an irresponsible way we encourage you to stop using and close your Account by using the Site Tools that we make available on the Site to do so.
If you have concerns about your participation in Lotteries, then we encourage you to consult GamCare, a registered charity that provides information, advice and practical help in addressing the social impact of gambling, at:http://www.gamcare.org.uk/
. GamCare provides counseling support, information and advice services, as well as a forum and chat room where participants can discuss, ask questions and offer advice.
- Term and Termination.
These Terms are effective until terminated by theLotter or you. theLotter, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time (including, without any limitation, for a breach of the Site Terms). theLotter shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 34 and Sections 2.3 (Language), 20.3 (Restrictions and Acknowledgements), 24 (Intellectual Property Rights), 25 (Disclosure), 28 (Privacy), 30 (Warranty Disclaimers), 31 (Limitation of Liability) and 32 (Indemnity), 36 (Arbitration and Payment Disputes), and 37 (General) shall survive termination of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by theLotter without restriction or notification to you.
- Arbitration and Payment Disputes.
General. Any claim or dispute arising out of or relating to these Terms and/or your use of the Site shall be resolved exclusively by arbitration conducted in London, England, in the English language by a sole arbitrator (“Arbitrator”) of the International Chamber of Commerce ("ICC"), under its then-prevailing rules. You and theLotter agree to the ICC in said venue as the exclusive forum for resolving any claim or dispute arising out of or related to these Terms and/or your use of the Site. If you and theLotter are not able to agree on a choice of the Arbitrator within fifteen (15) days of one party demanding arbitration, then the ICC shall make the appointment of an Arbitrator who is neutral to the parties in controversy. The Arbitrator will be bound by the provisions of these Terms. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, and the written decision of the Arbitrator shall be binding on the parties to the arbitration. Any judgment upon the reward may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, theLotter may seek injunctive relief in any appropriate court. Each party shall bear its own legal and other costs and expenses in connection with the ICC.
Payment Disputes. If you have a complaint or dispute regarding any payment to us, by us, or under these Terms, including with respect to a Form Price, Prizes, Real Money, or any Bonus Credit (a "Payment Dispute") you are first required to submit details of the Payment Dispute to us via our Support Service and we will use commercially reasonable efforts to respond as quickly as possible. Both you and theLotter hereby agree to cooperate in good faith with each other to amicably resolve the Payment Dispute.
theLotter reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and theLotter shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You hereby waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and theLotter concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last update: February 2012