Last Updated: [10 July 2017]
THE FOLLOWING IS A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN LUCKY ENTERPRISES B.V. (THE "COMPANY") AND YOURSELF. PLEASE READ CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT PRIOR TO THE USE OF THE WEBSITE AND/OR SERVICES. IF YOU HAVE ANY DOUBTS ABOUT ANY OF YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THIS AGREEMENT, PLEASE CONSULT LEGAL COUNSEL.
BY CLICKING ON “SUBMIT” OR “I AGREE” (IF APPLICABLE) AND/OR BY USING THE WEBSITE AND/ OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREETO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE.
THE TERMS AND CONDITIONS ARE PUBLISHED ON THE WEBSITE AND MAY BE CHANGED AT ANY TIME. THE NEW VERSION OF THESE TERMS AND CONDITIONS WILL TAKE EFFECT IMMEDIATELY UPON THE NEXT VISIT OR LOGIN ON THE WEBSITE. YOU AGREE TO, AT LEAST ONCE A MONTH, REVIEW THE TERMS AND CONDITIONS ON THE WEBSITE.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO USE THE WEBSITE AND/OR SERVICES.
1.1. In this Agreement, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
1.1.1. “Agreement” means this agreement between You and the Company (which may alternatively be referred to herein as “Terms” and/ or “Terms and Conditions” or the like);
1.1.2. “Bet” means a bet placed by You on the outcome of any of the lotteries upon which We accept bets from Users;
1.1.3. “Caixa Econômica Federal” or “Caixa” means, the organisation that organises the official Brazilian lottery Mega-Sena (herein Mega Sena) among others;
1.1.4. “Camelot Group” or “CG” means the organisation that organises the official UK lottery “Lotto” (hereinafter “UK National Lottery”) among others.
1.1.5. “Card”: refers to all types of cards with a function of “payment”, “charge”, “debit”, “credit”, “virtual” and/or similar.
1.1.6. “Company’s Group” means the Company, any holding company of the Company from time to time, and all direct or indirect subsidiaries of any such holding companies from time to time;
1.1.7. “Consideration” means the consideration to be paid to the Company in connection with the Services provided and the purchase of a Game Entry (including, but not limited to, the price of the Game Entry);
1.1.8. “Deutscher Lotto-und Totoblock” or “DLTB” means the German lotteries organisation that organises or co-organises the Lotto 6aus49 lottery in Germany and the EuroJackpot lottery;
1.1.9. “Française des Jeux” or “FDJ” means the French lotteries organisation that organises the official French lottery (herein France Loto) among others;
1.1.10. “Excluded Person” means any person: (a) located in: (i) the United States of America, France, Netherlands and Curacao or any other jurisdiction in which they are not permitted to participate in remote gambling of the nature provided by us; and (ii) any additional jurisdiction from which We do not accept customers or Users from time to time; (b) who is on any Sanctions List, or is otherwise prohibited from participating in remote gambling of the nature provided under any economic sanctions laws, regulations, embargoes or restrictive measures imposed, administered, enacted or enforced by any Sanctions Authority (in each case, whether personally or by virtue of the jurisdiction in which they are located); and/or (c) not over the age of 18 or (if older) any age at which it becomes lawful for such person to gamble in the jurisdiction where he is resident; and/ or (d) a director or employee of the Company or the Insurer or any member of the Company’s Group or the Insurer’s Group or an immediate family member of, or a person living in the same household (whether or not related) as, any director or employee of the Company or the Insurer or any member of the Company’s Group or the Insurer’s Group;
1.1.11. “Force Majeure”: refers to any occurrence or condition beyond one's reasonable control which leads to a delay or default in the performance of the affected party's contractual obligation and shall, for the purposes of hereof, include the failure of the Company’s central computer system or any part thereof, delays, losses, errors or omissions resulting from failure of any telecommunications or any other data transmission system, any loss as a result of any acts of God, government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and/or any other cause beyond the reasonable control of the party whose performance is affected;
1.1.12. “Game Entry” means a lottery game entry purchased by the Company on behalf of the User or a Bet placed by a User; unless the context indicated otherwise these terms shall be applicable to both the purchase of lottery tickets and the placing of Bets;
1.1.13. “Intellectual Property” means all trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies found on the Website, the User Account and the material contained therein are the exclusive property of the Company. The User is not entitled to exploit or otherwise use any Intellectual Property for whatever purpose, except for what is allowed by law;
1.1.14. “Insured Winning Bet” means a Winning Bet that is underwritten by an Insurer;
1.1.15. “Insurer” means a risk management company and/ or insurer who manages or underwrites or arranges for the underwriting either alone, on a re- insured or on a syndicated basis any of the potential Winnings arising from any of the games or Bets placed by You and accepted by Us through any of the Company’s websites;
1.1.16. “Insurer’s Group” means the Insurer, any holding company of the Insurer from time to time, and all direct or indirect subsidiaries of any such holding companies from time to time;
1.1.17. “Loterías y Apuestas del Estado” or “LAE” means the Spanish lotteries organisation that organises or co-organises the Sorteo Extraordinario de Navidad, the Euromillones, the Bonoloto, the La Primitiva and the El Gordo de la Primitiva lotteries;
1.1.18. “Lottery Draws” means each official draw of the lotteries upon which we offer Bets;
1.1.19. “Mega Millions-Jackpot” means the aggregate amount payable by the Mega Millions Consortium or MUSL or any (co-)organiser in respect of all winning tickets in Prize Category A in US dollars and in respect of the relevant draw of the US-lottery “Mega Millions”, paid out in 30 growing annual amounts according to the official rules (i.e. with 5%p.a.), or, where no such winning tickets are announced, the amount that would have been payable by the Mega Millions Consortium, MUSL or a (co-)organiser over 30 growing annual amounts (in case of the “annuity” option) had there been a winning ticket in Prize Category A in respect of the relevant draw;
1.1.20. “MUSL” means the Multi-State Lottery Association, which organises shared lotteries including the “Powerball” and “Mega Millions” lotteries;
1.1.21. “New South Wales Lotteries” or “NSWL” means the Australian lotteries organisation that organises or co-organises the the Oz Lotto and the Powerball (herein Oz Powerball);
1.1.22. “Operator” means in respect of each lottery game and draw, the official third party lottery organizer that organizes and manages that lottery game and draw;
1.1.23. “Powerball-Jackpot” means the aggregate amount payable by the MUSL or any (co-) organiser in respect of all Winning Tickets in Prize Category A in US dollars and in respect of the relevant draw of the US-lottery “Powerball”, paid out in 30 growing annual amounts according to the official rules (i.e. with 4% p.a.), or, where no such Winning Tickets are announced, the amount that would have been payable by the MUSL or any (co-)organiser over 30 growing annual amounts (in case of the “annuity” option) had there been a Winning Ticket in Prize Category A in respect of the relevant draw.
1.1.24. “Prize” / Prize Monies”/ “Winnings” mean an amount, a bonus or a reward that can be won by the User (and includes for the purposes of winnings arising from an Bet in respect of which the winnings are insured, an Insured Winning Bet);
1.1.25. “Prize Category” means the categories of Classes (being either Category A, Category B or Category C) covered by the Bets placed in accordance with this Agreement;
1.1.26. “Prize Category A” means the highest “jackpot” prize category in relation to the applicable Lottery Draw, as further described herein;
1.1.27. “Prize Category B” means those Classes in relation to the applicable Lottery Draw described as such herein;
1.1.28. “Prize Category C” means those Classes in relation to the applicable Lottery Draw described as such herein;
1.1.29. “Sanctions Authority” means any or all of: (a) the United States government; (b) the United Nations; (c) the European Union; (d) the United Kingdom; and/or (e) the respective governmental institutions and agencies of any of the foregoing, including, without limitation, the Office of Foreign Assets Control of the US Department of Treasury (“OFAC”), the United States Department of State, the US Department of Commerce, the US Department of the Treasury, the United Nations Security Council and Her Majesty’s Treasury (“HMT”);
1.1.30. “Sanctions List” means the Specially Designated Nationals and Blocked Persons list maintained by OFAC, the Consolidated List of Financial Sanctions Targets and the Investment Ban List maintained by HMT, or any similar list maintained by, or public announcement of sanctions designation made by, any of the Sanctions Authorities, in each case as the same may be amended, supplemented or substituted from time to time;
1.1.31. “Services” mean the ticket brokering and betting offers, and any related offers, provided by the Company to the User through the Website;
1.1.32. “Sisal” means the Italian betting and gaming provider and organiser of the SuperEnaLotto (Italian national lottery game) in Italy;
1.1.33. “Underlying Lottery” means the applicable lottery, in respect of which We have arranged insurance from an Insurer in respect of Insured Winning Bets;
1.1.34. “Underlying Lottery Jackpot” means the aggregate amount payable by the applicable Underlying Lottery Operator in respect of all Underlying Lottery Winning Tickets in Prize Category A of the relevant draw of the applicable Underlying Lottery, as announced by the applicable Underlying Lottery Operator (or, where no such Underlying Lottery Winning Tickets is announced, the amount that would have been payable by the applicable Underlying Lottery Operator had there been an Underlying Lottery Winning Tickets in Prize Category A of the relevant draw of the Underlying Lottery, as determined by the Insurer);
1.1.35. “Underlying Lottery Operator” means the operator of the applicable Underlying Lottery;
1.1.36. “Underlying Lottery Winning Ticket” means a winning ticket for the applicable Underlying Lottery;
1.1.37. “User” means any person holding a valid User Account;
1.1.38. “User Account” means a personal account opened via the Website by an individual, solely for the use of that individual for the purpose of using the Services;
1.1.39. “Us/We/Ours” means the Company, and any subsidiaries, affiliates, directors, officers, employees, representatives, agents and contractors, and any other person acting for or on behalf of the Company (and, unless the context otherwise indicates, the use of “us/we/ours” shall have the same meaning);
1.1.40. “Website” means any website owned, operated or hosted by the Company (including, but not limited to, www.lotto247.com), and any software or content that is used to access such website; and
1.1.41. “You/Your” means the User (and, unless the context otherwise indicates, the use of “you/yours” shall have the same meaning).
1.2. By opening a User Account, use and reuse of such an User Account, participation in and using our Services, or acceptance of any Prize, User represents, warrants and certifies all of the following:
2. Your Use of Our Services:
2.1. You hereby warrant and represent that:
2.1.1. You are an individual of at least 18 years of age (or such other higher minimum
legal age in your jurisdiction as required to use the Services) and it is legal for you to do
so according to the laws that apply to you.
2.1.2 You do not violate any applicable law or regulation as a result of using the Services. If you reside or are present in any jurisdiction that prohibits using the Services, you shall not use the Services.
2.1.3 it is your responsibility to ensure that you comply with any and all laws applicable
to you before registering or participating in any activity through the Website.
2.1.4 You will not allow any other person or third party, including but not limited to any
minor, to use or reuse your account, accept any prize, or participate in the Services.
2.1.5 You shall not create multiple accounts. Multiple accounts with the same name, address or IP address shall be considered one and the same. If it is determined that multiple accounts have been created, the Company reserves the right to confiscate any Winnings credited thereto throughout the duration of the registered User Account(s).
2.1.6 You are not an Excluded Person.
2.1.7 You are solely responsible for the security of your PIN and your password. Should you inadvertently let someone know your password you shall contact the Company immediately and change your password.
2.2 Users are responsible for any unauthorized use of their User Accounts. If a third party purchases a Game Entry or is thought to have purchased a Game Entry, said Game Entry shall be valid, whether or not the third party had the prior consent or knowledge of the User. Under no circumstances will any Game Entry be cancelled for that reason. If a User suspects that a third party may have its password or username, the User may at any time ask that the Company furnish the User with a new password and username. For the avoidance of doubt, it is hereby clarified that a person who is not entitled to use the Services - as well as any other person who substitutes such person - is also not entitled to any of the Winnings, and the Company reserves the right to shut down his/her User Account and seize any funds held in that User Account.
2.3 We have and reserve the right to suspend, disable or terminate your User Account registration at any time in our sole discretion. All decisions regarding the opening, maintenance and closing of User Accounts are in our sole and unfettered discretion and any decisions we take regarding any aspect of your participation in the Services or any aspect of a User Account is final.
3. Opening a User Account:
3.1 To use the Services you will first need to open a User Account with the Company.
3.2 If you choose to register a User Account you will be required to provide your full name, address, date of birth, email address and telephone number. If your identity cannot be validated, you may be required to submit additional information or documentation as a condition to opening a User Account. You will also be required to answer one or more security questions, after which you will be sent a confirmatory email. You may also be required to update the information or data or to provide additional items as part of ongoing efforts to prevent fraudulent activities.
3.3 We have and reserve the right to use third party verification services to authenticate your account information and identity, and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit against government-issued ID. If you have provided false information or if you are unable or unwilling to provide documentation to confirm your information, as we are unable to confirm your identify, your User Account may be terminated and any and all activity within the User Account deemed invalid, including, without limitation, the nullification of potential Winnings.
3.4 To use the Services and to purchase a Game Entry, you will be required to provide the Company with details of means of payment and/or transfer funds into your User Account (“Play Credits”) by any of the methods specified by the Company. If you transfer funds into your User Account, such funds will be deposited into your User Account upon actual receipt of funds by the Company. Minimum and maximum limits may be applied in respect of transferring funds into and out of your User Account, depending upon your history with the Company, the method of deposit, and other factors as determined solely by the Company. The Company will debit your User Account and/or your means of payment at any time between the time in which you place a request to purchase a Game Entry and the time in which the Company purchases the Game Entry on your behalf.
3.5 Your request to purchase any Game Entry on your behalf or to place a Bet is subject to there being sufficient funds in your User Account to pay for the Game Entry or the provision of means of payment which allow the payment of the Game Entry or Bet.
vi. Should you have insufficient Play Credits in your account, your payment method will be processed on completion of your order. If your payment method fails to process the transaction you will be advised accordingly. If your User Account balance has a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an incontestable immediately due and payable debt owing by you to us.
3.6 The Company may, at any time, set off any positive balances in your User Account against any amount owed by you to the Company.
viii. The Company reserves the right to limit or refuse any activity and/or request made by you or through your User Account.
3.7 We recommend that you, as the cardholder, print out all electronic entry data, the rules of the games, the cancellation regulations, and the payment methods for safekeeping and recordkeeping purposes, in order to avoid and/or address any administrative errors and/or misunderstandings which may arise out of your contractual relationship with us.
3.8 You understand that you will receive electronic communications from the Company, posted on the Website and/or sent to you via e-mail. All such communications will be considered "in writing" and will be considered received by you within 24 hours from the time in which the notice was posted on the Website or sent to you via e-mail.
4. Inactive Account:
4.1 An “inactive account” is a User Account without any recorded log-in and/or log-out activity, including zero ticket entries, for a period of 6 (six) consecutive months.
4.2 If your User Account is inactive for 6 (six) months, the Company reserves the right to remove 50% (fifty percent) of your play credit balance, which may also include any other balance on your account at that time, which 50% shall be forfeited to the Company.
4.3 If you login to your User Account during the period following the aforementioned 6 (six) months, the Company shall deem your User Account to be “re-activated” but shall not be obliged to return to you any monies already forfeited from the inactive account at such time.
4.4 If your User Account remains inactive for a further 6 (six) months, your User Account will be deemed to be a “dormant account”, in which case the Company reserves the right to levy a monthly administration fee equivalent to 10% of your play credit balance, which may also include any other balance on your User Account at that time, for maintenance of the dormant account and set-off such charges against the funds in the dormant account. The maximum amount of fees thus incurred will be the lower of the balance of your dormant account or an administrative fee.
4.5 The account administration fee is charged because permanently inactive customer accounts require considerable organizational efforts. The Company is entitled to change the fee from time to time.
4.6 The administration fee will be deducted for 5 (five) months following the date on which your User Account becomes a dormant account. Thereafter the deductions for the administration charge will cease and all balances may be removed from the dormant account after a notification has been sent to your registered e-mail address.
The Company shall remit the balance of your dormant account to you where the required payment instructions are available. The balance of your dormant account will, however, be forfeited to the Company after reasonable efforts to contact you have failed and/or you could not be satisfactorily located.
4.7 In any case in which your User Account becomes a dormant account or an inactive account, and without derogating from the Company’s right to have forfeited to it any and all funds held in your User Account, you may contact the Company and submit a request to re-activate your User Account and/or return the balance of your User Account. For the avoidance of doubt, the Company is not obliged to accept your request, and such request will be reviewed in accordance with the relevant facts and circumstances and the provisions of this Agreement.
4.8 You can ‘re-activate’ your User Account by: (i) making a successful deposit; (ii) placing a Bet; or (iii) playing/taking part in any Company product.
5. Closing your User Account:
5.1 You may close your User Account by contacting the Company’s Customer Support using the contact details provided in the “Contact” section on the Website, either by phone or email. Any funds in the User Account will be remitted to the User.
5.2 Should an existing User Account be closed, any obligations already entered into will be honoured by you.
5.3 A User who wishes to recover funds held in a closed, locked or excluded account is advised to contact Customer Support.
5.4 In case of closure of their User Account due to gambling addiction or fraud, an individual must not open a new User Account. The Company will not be liable should the individual succeed in opening a new User Account, nor for any direct, indirect or consequential damages. The Company reserves the right to close a User Account opened in breach of this rule at any point.
6. Participating in a Lottery Game:
6.1 The Company will conclude the purchase of lottery Game Entries at your request and on your behalf; alternatively the Company will accept a Bet provided that You satisfy the terms of this Agreement.
6.2 Charges will be in accordance with the stated fees, as more fully set out and displayed on Homepage, Play Page and Checkout.
6.3 Your payment method will be processed either immediately after confirmation of your order or when you choose to purchase Play Credits for use on the Website.
6.4 For transaction security we use SSL encryption. SSL (Secure Sockets Layer) is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.
6.5 The Game Entry is purchased at your request and/ or a Bet is placed by You subject to rules and regulations governing online transactions and fraud-prevention. In the event of any fraudulent activity on the User’s part, the result of which has affected a Game Entry or a Bet, the Game Entry on your behalf or Bet placed by You shall become the property of the Company and any Winnings resulting therefrom shall be forfeited to and remain the property of the Company absolutely. Any funds deposited into a User Account are deemed to be payment for future Game Entries and as a result may NOT be withdrawn. In addition, NO funds added to the User's account by way of any promotional offer (including but not limited to double deposits, ad-hoc winnings or loyalty rewards) or at the discretion of The Company, may be withdrawn by the User.
6.6 It will be your responsibility to ensure that correct instructions are given to the Company to effect the purchase of Game Entries or in respect of the placement of a Bet. The Company will accept no liability for any errors that may have occurred due to your incorrect instructions.
6.7 Once a Game Entry or Bet placed has been accepted by our server it cannot be cancelled by you. Game Entries purchased through the Website and Bets placed by You will only be valid once a Game Entry Receipt is displayed in your User Account.
6.8 The Company shall not be liable for any lost or delayed transactions caused by the failure of the computer systems used by the Operators or Underlying Lottery Operator or for any other computer or communications faults and/or errors and/or delays that may occur in the transaction of the Company’s business.
6.9 You acknowledge that full freedom from errors or incompleteness is impossible to achieve with respect to computer software. Should you become aware that the software contains an obvious error or incompleteness you undertake to refrain from taking any advantage whatsoever thereof. Moreover, promptly upon becoming aware of such error or incompleteness you shall notify the Company in writing. Regardless of whether you become aware of any such errors, the Company shall not be liable for payment of any sort which may become due as a result of software, administrative, hardware failure, faults, technical difficulties or Force Majeure.
6.10 The Company shall not be liable for any late notification of entries for a particular draw. It is the responsibility of the individual to ensure that their orders are placed in time for a draw and that they are aware of the cut-off times for the draws. If the individual does not receive a confirmation by email of their order (for any reason) they must check (prior to cut off time) their own transaction history on-line for confirmation of their entry. The Company shall not be liable if your entry was received too late for a draw (“late entry”) and you had a winning combination in that draw. In such a case the entry would have automatically been allocated to the next available draw, should same be placed after the cut-off time.
7. Winnings & Prize Monies:
7.1.1 Payments of Winnings / Prize Monies will be made as soon as reasonably possible, although there may be delays due to any security review undertaken by the Company and where the Company holds any such payments in accordance with this Agreement.
7.1.2 The Company shall act as group manager in collection of Prize Monies. These monies shall be paid to you less any interest that may have accrued thereon, within 10 (ten) working days of receipt of the prize monies from the lottery or raffle operators, or applicable risk management company.
7.1.3 Save as otherwise provided herein in respect of insured Prizes, all Winnings withdrawn will be paid directly into the subscriber's nominated bank account, in their choice of either Pounds, US Dollars or Euros once they have selected the Cash Withdrawal option and submitted all required details. In certain cases, special settlement arrangements may be made. A minimum withdrawal amount of €10.00 shall apply. There is no charge for withdrawals of winnings over this minimum amount.
7.2 Winnings / Prize Monies pertaining to prize Category A (Jackpot) and Prize Category B (Tier Two Jackpot) Amounts Won-
7.2.1 The Company reserves the right to pay out these Winnings / Prize Monies on an annuity basis over a reasonable period of time.
7.2.2 Winners of insured tickets in Category A (Jackpot) Tier shall, where applicable, split and share their winnings proportionally with Winners from the National Lotteries. 7.2.3 All Prize category B (Tier Two Jackpot) Winners of insured tickets will receive prize pay-out values as specified on the relevant Lottery Results page.
7.3 Final Decision-
7.3.1 In the event of a discrepancy between the result showing on your software and the Company server software, the results published by the official state lotteries shall prevail.
7.3.2 The Company is applying the same principle for ‘all’ insured bets, irrespective of winning category, where prizes will be paid LESS a percentage of the winning amount as applied by the underlying lottery in order to put the Player in similar financial position as is they had played the underlying lottery.
8. Despatch, Alterations, Refunds & Cancellations:
8.1.1 The entries purchased at your request are chosen by you on the PLAY page of the Website; or can commence from a future date specified by you on the PLAY page if required. We cannot process entries for the draw after close-off which is specified on the PLAY page. The Website automatically changes over to the next available draw date at close-off time. Despatch of your "confirmation of entry" will be immediate by e-mail to your nominated email address and no liability will be attached to the Company for losses incurred by lack of performance by Users' Internet Service Providers or any other technical failure and/or error and/or delay.
8.2 Cancellation of order if you change your mind-
8.2.1 We will review the possibility of cancelling your entries and substitute your purchase with play credits or vouchers upon the following conditions:
a. Your order is legitimate (non-fraudulent) and
b. The entries in question have not yet been purchased (payment has not yet been processed).
8.2.2 Based on evaluation of the above conditions, we will cancel the entries if notified with sufficient time to do so. Please note that entries are sent for processing throughout the day and once an entry has been processed we cannot cancel that entry. To apply for a cancellation of your entries please e-mail us at [email protected]
8.3.1 The Company will permit and process a Refund upon the following conditions-
a. You have been billed an amount in error and can provide documentary proof thereof:-
b. A refund request has been submitted to [email protected] within 30 days from the date upon which the amount was erroneously billed.
8.3.2 Once the Company has received your refund request, it will be reviewed and you will be notified, within 72 hours of receipt of the refund request, of the approval or rejection thereof. This decision shall be final and binding on you.
8.4.1 The Company is unable to alter any entries submitted. The Company is only able to cancel and substitute the value of your entries with play credits or vouchers (Please see ii hereinabove).
9. Additional Special Provisions relating to Insured Prizes
9.1 The Company has and reserves the right to utilise the services of Insurers. If so, the Company shall be subject to certain terms of contract with the Insurers which contracts may impose obligations to require any winner to sign releases and the like within certain defined time periods as a condition to payment of any Insured Winning Bet. Either the Company or the Insurer will advise you of these conditions and the relevant time periods once you have been notified that, subject to these terms and to the terms applicable to the insurance contracts, you have won an Insured Winning Bet. These time periods shall, however, be no longer than 30 days from the time that you are notified that you have won an Insured Winning Bet.
9.2 You hereby irrevocably agree:
9.2.1 that the Company may provide the Insurers with your personally identifiable information and that the Insurers or their agents may contact you to facilitate payment of an Insured Winning Bet;
9.2.2 that, if required by the Insurer, you will provide the Insurer or the Company with proof of your address (by way of, for example, a bank statement or utility bill), your scanned passport or driving license and your banking details and proof thereof for the purposes of paying you the Insured Winning Bet;
9.2.3 and undertake that you shall sign such releases required by the Insurers as a condition to payment should you win an Insured Winning Bet;
9.2.4 that you will comply with such conditions as are imposed by the Insurers and provide such documents as are required by the Insurers as a condition to the payment of an Insured Winning Bet within such time periods as are imposed by the Insurers;
9.2.5 that the Insurer may deduct from any Insured Winning Bet prior to payment thereof to you (a) the reasonable costs and expenses incurred by the Insurer in relation to the payment of the Insured Winning Bet (including travel, accommodation, banking and other costs incurred on your behalf whilst establishing suitable arrangements for you to receive the Insured Winning Bet and the transaction costs of transferring the Insured Winning Bet); and (b) any tax required to be deducted under applicable law; and that neither the Company nor the Insurer shall in any manner be liable to gross- up such deducted amounts;
9.2.6 that the Insured Winning Bet will be paid in Euros and that neither the Insurer nor the Company shall be responsible to pay any currency conversion costs or losses.
9.3 The Company shall pay you any Insured Winning Bet within 10 working days of receipt of the same from the Insurers; alternatively, should the Insurers pay you directly, you hereby absolve the Company of any payment obligation to you in respect of the Insured Winning Bet; however, the Company shall have no liability to pay you any Insured Winning Bet if the Insurers fail and/ or refuse to pay the said Insured Winning Bet to the Company or to you.
9.4 Neither the Company nor the Insurers shall be liable to pay any Insured Winning Bet or any amount at all to you if it is or would be unlawful to do so, if you are an Excluded Person or if the Insurer is not satisfied that you have complied with the conditions imposed by it for paying the Insured Winning Bet to you.
10. WINNINGS FOR BETS ON LOTTERIES
The following chart provides an overview of the Classes offered in each Prize Category:
Insured Lotto Game
Underlying Lottery Operator
Classes in Prize Category A (Main Jackpot)
Classes in Prize Category B (Non-Main Jackpot)
Classes in Prize Category C (Non-Jackpot)
2 – 3
4 – 13
2 – 3
4 – 12
3 – 9
3 – 9
Lotto 6 aus 49
3 – 8
2 – 3
Super Ena lotto
3 – 6
SuperEnaMax* (Special Conditions apply- see below)
Super Ena lotto
1 – 2
4 – 7
1 – 2
4 – 10
El Gordo Primitiva
El Gordo de la Primitiva
3 – 9
3 – 6
3 – 7
3 – 8
10.1 WINNINGS IN PRIZE CATEGORY A
10.1.1 The Winnings payable in respect of each Bet in Prize Category A (as defined in the table), will depend on the number of the Underlying Lottery Winning Tickets in that Prize Category, the number of Insured Winning Bets in that Prize Category, the Prize payable by the Underlying Lottery Operator for any Underlying Lottery Winning Tickets in that Prize Category, as well as, the Underlying Lottery Jackpot in that Prize Category.
10.1.2 The Winnings in Prize Category A are calculated on the basis of the amount of aggregate stakes published by the Underlying Lottery Operator as well as the distribution to that Jackpot Prize Category, or, on the basis of the jackpot published on the website of the Underlying Lottery Operator for that Prize Category of the relevant draw of the Underlying Lottery.
10.2 ONLY ONE INSURED WINNING BET IN PRIZE CATEGORY A
10.2.1 If there is only one Insured Winning Bet in Prize Category A, the Winnings payable in respect of the Winning Bet are calculated as follows:
Winnings = Underlying Lottery Jackpot in that Prize Category A / Number of Underlying Lottery Jackpot Winning Tickets in that Prize Category A + 1
Example 1: There is only one Insured Winning Bet in the Prize Category A and no Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in the Type A Prize Category in respect of an Underlying Lottery Jackpot in the Type A Prize Category of 90,000,000.00 EUR. The Winnings payable in respect of that single Insured Winning Bet amount to 90,000,000.00 EUR.
Example 2: There is only one Insured Winning Bet in the Prize Category A and two Underlying Lottery Jackpot Winning Tickets have been announced by the Underlying Lottery Operator in the Prize Category A in respect of an Underlying Lottery Jackpot in the Prize Category A of 90,000,000.00 EUR. The Winnings payable in respect of that single Insured Winning Bet amount to 30,000,000.00 EUR.
10.3 MORE THAN ONE INSURED WINNING BET IN THE PRIZE CATEGORY A
10.3.1 If there is more than one Insured Winning Bet in the Prize Category A, the Winnings payable in respect of the Insured Winning Bets in the Prize Category A are calculated based on a “Share Model”, consisting of three steps.
1. Calculation of the number of shares:
Number of shares = Number of Underlying Lottery Jackpot Winning Tickets in that Prize Category + Number of Insured Winning Bets in that Prize Category
2. Calculation of Size of each share:
Size of 1 share = Underlying Lottery Jackpot in that Prize Category / Number of shares
3. Allocation of Winnings:
1 share per Insured Winning Bet in that Prize Category
Example 3: There are two Insured Winning Bets in Prize Category A and one Underlying Lottery Jackpot Winning Ticket has been announced by the Underlying Lottery Operator in the Prize Category A in respect of an Underlying Lottery Jackpot in the Prize Category A of 90,000,000.00 EUR. There are three payout shares, with a size of 30,000,000.00 EUR each. The Winnings payable in respect of each Insured Winning Bet in the Prize Category A amounts to 30,000,000.00 EUR.
10.4 WINNINGS IN PRIZE CATEGORY B
10.4.1 The Winnings payable in respect of each Insured Winning Bet in Prize Category B will depend on the number of the Underlying Lottery Winning Tickets in that Prize Category, the number of Insured Winning Bets in that Prize Category, the payable Prize by the Underlying Lottery Operator for the Underlying Lottery Winning Tickets in that Prize Category as well as the Underlying Lottery Jackpot in that Prize Category.
10.4.2 The Insurer calculates the Winnings in Prize Category B on the basis of the amount of aggregate stakes published by the Underlying Lottery Operator as well as the distribution to that Jackpot Prize Category or on the basis of the jackpot published on the Website of the Underlying Lottery Operator for that Prize Category of the relevant draw of the Underlying Lottery.
10.5 ONLY ONE INSURED WINNING BET IN PRIZE CATEGORY B
10.5.1 If there is only one Insured Winning Bet in Prize Category B, the Winnings payable in respect of this Insured Winning Bet are calculated as:
Winnings = Underlying Lottery Jackpot in that Prize Category B / (Underlying Lottery Jackpot Winning Tickets in that Prize Category B + 1 )
Example 1: There is only one Insured Winning Bet in Prize Category B and no Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in that Prize Category B in respect of an Underlying Lottery Jackpot in Prize Category B of 9,000,000.00 EUR. The Winnings payable in respect of that single Insured Winning Bet amount to 9,000,000.00 EUR.
Example 2: There is only one Insured Winning Bet in Prize Category B and two Underlying Lottery Jackpot Winning Tickets have been announced by the Underlying Lottery Operator in that Prize Category B in respect of a Underlying Lottery Jackpot in Prize Category B of 9,000,000.00 EUR. The Winnings payable in respect of that single Insured Winning Bet amount to 3,000,000.00 EUR.
10.6 MORE THAN ONE INSURED WINNING BET IN PRIZE CATEGORY B
10.6.1 If there is more than one Insured Winning Bet in Prize Category B, the Winnings payable in respect of these Insured Winning Bets are calculated based on a Share Model, consisting of three steps:
1. Calculation of the number of shares:
Number of shares = Number of Underlying Lottery Winning Tickets in that Prize Category + Number of Insured Winning Bets in that Prize Category
2. Calculation of Size of each share:
Size of 1 share = Underlying Lottery Jackpot / Number of shares
3. Allocation of Winnings:
1 share per Insured Winning Bet in that Prize Category
Example 3: There are two Insured Winning Bets in Prize Category B and one Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in that Prize Category B in respect of an Underlying Lottery Jackpot in Prize Category B of 3,000,000.00 EUR. There are three payout shares, with a size of 1,000,000 EUR each. The Winnings payable in respect of each Insured Winning Bet in that Prize Category amount to 1,000,000.00 EUR.
10.7 WINNINGS IN PRIZE CATEGORY C
10.7.1 The Winnings to be paid out in respect of each Insured Winning Bet in Prize Category C, for example Class 4 in EuroMilliones, shall be the amount of the Prize announced by the Underlying Lottery Operator in respect of an Underlying Lottery Winning Ticket in the respective Prize Category.
10.7.2 If the Underlying Lottery Operator has not announced a Prize in the respective Class for the relevant draw of the Underlying Lottery, the Winnings payable in respect of each Insured Winning Bet in that Class will be calculated on the basis of the aggregate amounts paid in for the relevant draw of the Underlying Lottery announced by the Underlying Lottery Operator and its allocation to the winning Class.
10.8 PAYOUT OF PRIZES IN MEGAMILLIONS AND POWERBALL For MUSL Mega Millions and Powerball Lottery Draws, the Winner will be paid an amount equal to: (a) 60% of the Winnings in Prize Category A to reflect that MUSL only pays 60% of the amount of the winnings in Prize Category A if We or the Insurer elect to pay such winnings in a lump sum rather than as an annuity over 30 years (“Lump Sum Amount”); LESS (b) a percentage of the Lump Sum Amount, in order to put the Winner in a similar economic position as if it had played the Underlying Lottery as a non- US resident in the US state.
10.9 PAYOUT OF PRIZES IN SUPERENAMAX SuperEnaMax is a derivative game in which Winnings do not necessarily correspond to the numbers drawn in the Underlying Lottery and the Winnings are always insured by Us with an Insurer. The Winnings will be paid as an annuity over 39 years or, at our election, in a lumpsum amount less any taxes that are applicable thereon in any jurisdiction. The election and lumpsum amount shall be at our sole and unfettered discretion.
11. Financial Institution:
11.1 The Company is not a financial institution and thus any deposits made into your User Account are not due any interest payments on the deposit(s) whatsoever.
11.2 The Company does not provide advice regarding tax and/or legal matters. Users who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.
12.1 Winners should note that if Winnings (whether insured or not) are subject to host-country taxation, such taxation shall be deducted by the Operator, the Insurer or Us prior to pay-out to You. Accordingly, a pay-out by the Company to a Winner shall reflect such relevant tax deduction by the host-country and any other withholding or other relevant taxes that either the Operator, Insurer or We are obliged to withhold, deduct or pay- over to the fiscal authorities (in whichever jurisdiction may be relevant in respect of such Winnings). Winners should be aware, and are hereby notified, that the aforementioned pay-outs do not necessarily factor in possible further tax implications in a Winner’s own jusrisdictions of tax residence and that the Winner is solely responsible for such taxes. In any event, the Company shall not be liable to gross- up any amount to compensate for any withholding or other taxes levied by any fiscal authorities of any jurisdiction on the said Winnings.
13. Intellectual Property:
13.1 You acknowledge and agree that all right, title and interest in the Intellectual Property is our absolute property. Any use of the Intellectual Property without our prior written consent is not permitted. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or tamper with the Intellectual Property in any manner whatsoever.
13.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only. Any other use of such material and content is strictly prohibited.
13.3 We hereby grant you a licence to use our Software strictly and only in order to participate, subject to these Terms and Conditions. All rights in the Software are reserved, and you may use the Software only as licensed to you.
14.1 The Company and its associated brands are not associated with the Operators or Underlying Lottery Operators.
14.2 All Jackpot amounts displayed on the website for the American ‘Powerball’ and ‘Mega-Millions’ multi-state lotteries (MUSL) will be represented on the relevant Company website at the same values as the MUSL expanded annuity value. Winning Jackpot Prizes from these two lotteries will be paid out by the Company at the present cash value of these annuity amounts at the time of winning.
14.3 All customer data will be treated confidentially and will not be sold to third parties, unless Users agree to their identities and details being used for future marketing purposes.
14.4 The Company accepts no liability for any damages, which may be caused to the User by the interception or misuse of any information transmitted over the Internet.
14.5 The Company reserves the right, at all times, to resolve any dispute, at its own discretion, in accordance with principles of equity.
14.6 The Company makes no representation or warranty, explicit or implicit, as to the legal rights of the User to participate in the Services, nor shall any of the Company’s employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representation or warranty. The User shall not use the Services, open, use or reuse a User Account, enter the Website, nor accept any Winnings / Prize Monies if the User does not fully understand, agree to, wish to become a party to, and comply with, without exception, all the Company Rules contained herein, and as these may be amended from time to time.
vii. The Company is not liable in any manner whatsoever for any damage and/or losses and/ or costs to a User and/or a third party caused directly and/or indirectly due to the User:
14.6.1 making deposits to his User Account via a third party’s card or account;
14.6.2 requesting withdrawals from his User Account to a third party’s account;
14.6.3 providing incorrect details of his personal account for the purpose of withdrawals from his User Account;
14.6.4 allowing third parties to use his User Account to make deposits to or withdrawals from his User Account.
14.7 The connection to the Website and the participation of the User in any Service is under the User’s responsibility.
14.8 The Company is not liable in any manner whatsoever for damage and/or losses to a User and/or a third party caused directly and/or indirectly due to any:
14.8.1 mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical failure, technical hazard, registration error, manifest error, cancellation of a game for any reason, Force Majeure and/or any other similar event;
14.8.2 breach of this Agreement;
14.8.3 collusion and/or criminal actions;
14.8.4 advice provided by the Company;
14.8.5 failure of the Company’s central computer system or any part thereof; delays, losses, errors or omissions resulting from failure of any telecommunications or any other data transmission system; and/or
14.8.6 financial risk and loss, including but not limited to variances in exchange rates.
14.9 The User understands that the Services offered on the Website are for entertainment value only. The User is not required to use the Services, and such participation, if elected by the User, is at the User's sole choice, discretion and risk. The User’s interest in the Services and the Website is personal, and not professional. The User enters the Website for his/her sole personal entertainment. Any other entrance, access, use or reuse of the Services and/or the Website by the User is prohibited.
14.10 These Terms and Conditions/ Agreement constitute the entire agreement and understanding between the Company and the User.
14.11 Supremacy of English Terms:
14.11.1 Please note that you are currently browsing the 2017 edition of the Terms and Conditions, valid from February 22nd, 2017.
14.11.2 The official text of the Terms and Conditions shall be maintained by the Company in English. In the event of any conflict between the English and other language versions, the English version shall prevail in determining the spirit, intent, and meaning of these Terms and Conditions.
14.11.3 For languages other than English, the Company shall have no liability for any incorrect or inaccurate translation appearing in the Terms and Conditions, nor for any damage incurred by Users as a result of the mistranslation.
14.12 The Account Holder understands that the Company reserves the right to change or remove any of its Services at any time and/or to amend these Terms and Conditions at any time. Your continued use of the Services after such amendment shall be deemed as acceptance by you of the amended Terms and Conditions.
14.13 You acknowledge that your failure to comply with this Agreement may result in disqualification, the suspension and/or termination of your User Account, forfeiture of funds and/or legal action against you.
14.14 The Company consider these Terms and Conditions to be fair. Should you need any advice regarding these or any other part of our service, please contact Customer Service. Please note that all correspondence and telephone calls may be recorded.
14.15 These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
14.16 In the event of a change of control, merger, acquisition, or sale of assets of the company, your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via e-mail or notice on our web site explaining your options with regards to the transfer of your User Account.
14.17 This Agreement is subject to and shall be interpreted in accordance with English Law.