THE FOLLOWING IS A LEGALLY BINDING AGREEMENT (THE “AGREEMENT“) BETWEEN MELLOYMAY INVEST LIMITED (THE “COMPANY“) OF 1st floor, 81-83 Grivas Digenis Avenue, Nicosia 1019, Cyprus, 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” AND/OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED, IN FREE WILL AND CONSENT, TO 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.
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:
Consideration means the consideration to be paid to the Company in connection with the Services provided and the purchase of a Ticket.
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.
Services means the Company’s partner www.lottoyard.com that is responsible of purchasing, storing and handling Tickets, as well as collection of Winnings, as offered via the Website.
Ticket means a lottery ticket purchased by the Service on behalf of the User.
User means any person holding a valid User Account.
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.
Us/We/Our 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.
Website means any website owned, operated or hosted by the Company, and any software or content that is used to access such website.
Winnings means the winnings attributed to a Ticket, as determined solely by the Operator.
You/Your means the User.
1.2 The preamble and definitions of this Agreement shall for all purposes form part of this Agreement, and constitute a material and substantial part of it.
- THE SERVICES
2.1 The Service providers is a messenger that allows the purchase, storage and handling of Tickets, as well as the collection of Winnings. In an event of winning the User should pay 12% to the Company from the total amount of the Winning. While the Tickets are purchased, stored in the safe box in a country where the tickets were purchased, and handled by the Service provider. We have no ownership rights in these Tickets, and they are wholly owned by You. However, in some instances, the Company will participate in the purchasing of the Tickets and will hold a stake in the Tickets (including, but not limited to, in any Winnings attributed to those Tickets); this will be applicable where the Company offers to purchase the Tickets in syndication and/or a group referred to in section 7 of this Agreement.
2.2 The Company does not offer any type of lottery or gambling products; the Tickets represent tickets purchased for the participation in lotteries organized and managed by Operators and not by Us.
2.3 As a condition of account registration and sign-in, The Company requires you give us permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products, services, and promotional offers. You can opt-out of our promotional emails anytime by logging in to your account on The Company site or by hitting the unsubscribe button at the bottom of any of our email correspondence.
2.4 WE ARE NOT AFFILIATED OR ENDORSED BY ANY OPERATOR AND ANY REFERRAL TO ANY SPECIFIC OPERATOR ON THE WEBSITE IS SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT REPRESENT ANY RELATIONSHIP WHATSOEVER WITH ANY OPERATOR.
- USE OF THE SERVICES
3.1 You may use the Services only if 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. You hereby represent and warrant that 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. We make no representations or warranties, expressed or implied, as to the lawfulness of any person’s participation in any activity through this Website (including, but not limited to, the use of the Services), and shall not be responsible for any illegal use of the Services and/or Website by You. The offering or availability of the Services and/or the Website shall not be deemed or interpreted as an offer or invitation by Us to use the Services and/or the Website. 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. Without derogating from the above, it is Your sole responsibility to verify that You may participate in, and receive Winnings from, any lottery draw in which You participate via the Services, and You hereby acknowledge that it is not Our responsibility to so verify (and therefore the mere purchase of Tickets for You does not mean that We acknowledge that You may participate in, or collect Winnings of, any lottery draw) and accordingly waive any claim and/or argument You may have in this respect. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the applicable laws and rules. Without derogating from the above, the Services will not be available in Israel or in respect of interstate activity in the United States of America.
3.2 You acknowledge that You do not find the Services and the Website to be offensive, objectionable, unfair, or indecent in any way.
3.3 Employees, directors and officers of the Company (as well as persons providing services to the Company), as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by the Company, as well as any person involved in the operation of this Website and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the activities proposed by the Website (including, but not limited to, the use of the Services).
3.4 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 (including, but not limited to, Winnings) held in that User Account.
- ACCOUNT REGISTRATION AND OPERATION
4.1 To use the Services and purchase the Tickets, You will first need to open a User Account with the Company.
4.2 For the purpose of opening a User Account, You will be required to provide information and documentation relating to, inter alia, Your name, address, email and telephone number. The Company reserves the right, at any point in time, to ask You to provide additional information and documentation, and Your User Account may be suspended until satisfactory information and documentation is provided; failure to provide the required additional information and documentation within the timeframe set by the Company may result in termination of Your User Account and forfeiture of the funds held in Your User Account.
4.3 By opening a User Account, You hereby represent, warrant, acknowledge and undertake, that (a) the details You submitted during the registration process are true and correct, and that You will update them, immediately upon any change thereto, (b) Your User Account is for Your personal use only and not on behalf of any third party, and that You may only open a single User Account with the Company, (c) any funds in Your User Account shall not accrue any linkage differentials and/or interest and are not insured, (d) You are at least 18 years old or such other higher minimum legal age in Your jurisdiction as required to use the Services, and You are of sound mind and You are capable of taking responsibility for Your own actions, (e) You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner, (f) You have verified and determined that Your use of the Services and the purchase of the Tickets on Your behalf does not violate any laws or regulations of any jurisdiction that applies to You, (g) You are responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Website (including, but not limited to, payment and receipt of Winnings); however, You acknowledge and agree that the Company may withhold and pay any taxes and/or fees and expenses required in connection with Your User Account, the purchase of the Tickets the collection and cashing out of funds in Your User Account, (h) You will use the Services in good faith towards Us and others using the Services, (i) the Company may at its sole discretion, open, maintain and/or close Your User Account, as well as seize, retain and/or hold all or part of the funds held in Your User Account and recover and/or forfeit any and all Winnings paid to You and/or to which You are entitled, and that any such decision by the Company or any other decision by the Company in connection with the Services, the Tickets and/or the Winnings shall be final and not subject to dispute or appeal, (j) You shall be fully and solely responsible for maintaining the confidentiality of Your User Account details (including, but not limited to, Your User name and password required for entering Your User Account), and for any and all actions and transactions taken in connection with Your User Account by anyone who enters Your User Account while using Your User Account details, and all such actions and transactions shall be deemed as actions and transactions taken by You, (k) You shall bear the full and sole responsibility for an unauthorized use of Your User Account, (l) You will immediately inform the Company of any suspected unauthorized use of Your User Account, (m) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services and/or the purchase of the Tickets, and You shall reimburse the Company for any loss, cost and/or damage it incurs as a result of any such action by You, and in any event You will promptly pay any and all of Your debts to the Company, and (n) You shall indemnify Us and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of this Agreement by You, and any other liabilities arising out of Your use of the Services or any unauthorized use of the Services by any third party using Your User Account details.
4.4 The Company has no obligation to maintain User names or passwords. If You misplace, forget or lose Your User name or password, the Company shall not be liable for any direct or indirect loss associated with such occurrence.
4.5 You further represent, warrant, acknowledge and undertake that (a) You will not use Your User Account and will not allow any third party to use Your User Account for any illegal, unlawful, fraudulent, money laundering or other improper activities, and You shall not break into the Website or attempt to do the same (“Illegal Actions”), (b) in case You will perform any Illegal Action (and/or allow a third party to perform an Illegal Action) the Company shall be entitled to disclose any and all of content of Your User Account (including, but not limited to, personal identifiable information) to the relevant authorities, and to suspend and/or cancel Your User Account and confiscate any and all funds in Your User Account, (c) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You (and/or allow a third party to perform an Illegal Action) and You shall indemnify Us for any such losses, damages and liabilities incurred from such activity, (d) You have not had a User Account in the past which was terminated or suspended by the Company, (e) the method of payment information You provided the Company in connection with Your User Account is of means of payment owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for using the Services and purchasing Tickets via the Website, and You are acting within the confines of that consent) and were not stolen or reported as lost, (f) the Company is not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use, and (g) You are not and You have not notified Us that You are addicted to gambling.
4.6 The Company shall be entitled to inform relevant authorities, online service providers, banks, credit card companies, electronic payment providers or other financial institutions or relevant authorities and/or entities of Your personal identifiable information and of any suspected unlawful, fraudulent or improper activity performed by You or via Your User Account, and You will cooperate fully with the Company to investigate any such activity.
4.7 To use the Services and to purchase a Ticket, You will be required to provide the Company with details of means of payment and/or transfer funds into Your User Account 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 the Ticket and the time in which the Company purchases the Ticket on Your behalf.
4.8 Your request to purchase any Ticket on Your behalf is subject to sufficient funds in Your User Account to pay the Consideration or the provision of means of payment which allow the payment of the Consideration. If the funds in Your User Account are insufficient for the payment of the Consideration or the means of payment provided by You do not allow the payment of the Consideration, either at the time of the request placed by You to purchase a Ticket or at the time in which the Company debits Your User Account or the means of payment provided by You for any reason whatsoever (including, but not limited to, any limits placed by You, and any chargebacks or withdrawal of funds), or any time in between, the Company will not purchase the Ticket on Your behalf, regardless of whether Your request was registered with the Company or not; this will also be applied in case in which there is any change in the Consideration required by the Company for the purpose of purchasing the Ticket, even if that change occurred after You have requested the Company to purchase the Ticket or after Your request has been registered with the Company. The Company is not under any obligation to notify You of any such occurrence, and it is Your sole responsibility to confirm that there are sufficient funds in Your User Account to pay the Consideration or that the means of payment provided by You allow the payment of the Consideration. You hereby release, indemnify and hold Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from not purchasing the Tickets due to lack of funds, in whole or in part, in Your User’s Account or the lack of possibility to debit the means of payment provided by You, in whole or in part. Without derogating from the above, You should verify that the Ticket was purchased by logging into Your User Account and reviewing Your Tickets.
4.9 In order to allow smoothly cashouts (see also section 11 below), in any case in which the total deposits in Your User Account exceed EUR 1,000, You will be required to provide the Company the following documents: (a) a copy of Your passport or ID, (b) a photocopy of all of the credit cards (front and back) used to deposit funds in Your User Account, (c) a copy of Your current utility bill or copy of an official document showing Your address, and (d) a copy of a deposit authorization form provided to You by the Company, completed and signed by You. Failure to provide the Company with the abovementioned documents will result in the Company not being able to facilitate your cashout requests.
- BONUS POLICY
5.1 All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any bonus and/or promotion must be used in adherence with such terms and conditions in order to be eligible to receive the bonus or the promotion.
5.2 The Company reserves the right to withdraw any promotion, bonus or special offer at any time. In the event that the Company believes You are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from You any bonus or promotion, or rescind any policy with respect to You, either temporarily or permanently, or terminate and/or block Your access to the Company’s services and products without being under any obligation to pay You any amount (even winnings generated from the use of such promotion, bonus or special offer).
5.3 The Company reserves the right to prevent Users registered, logging in or depositing from certain jurisdictions from participating and being eligible for any or all promotions and bonuses, at the Company’s sole discretion.
5.4 The provisions of this section 5 apply to all kind of bonuses, promotions and benefits granted to You in excess of the actual deposit made by You.
5.5 Any bonus and/or promotion received must be used within 30 days from the date in which such bonus and/or promotion is received; after such 30 days period, the Company will withdraw any part of the bonus and/promotion not used and You will not be entitled to such part of the bonus and/or promotion.
5.6 Welcome Bonus:
5.6.1 Upon registration and the use of Services in the first time, a free participation in a pool of players in a lottery draw will be awarded to You (the “Welcome Bonus”).
5.6.2 The Welcome Bonus will be given only if You enter valid personal details upon registration.
5.6.3 The choice of the lottery draw in respect of which You will receive the Welcome Bonus remains at the Company’s sole discretion; without derogating from the above, the Company is under no obligation to provide You the Welcome Bonus in respect of a lottery draw in respect of which You received the Welcome Bonus or any other lottery draw in connection with which You used the Services..
5.6.4 Only one Welcome Bonus will be issued to each User, and upon the initial use of the Services.
5.6.5 The Welcome Bonus offer applies only to new registrants who never had an account with the Company.
5.6.6 The Company’s decision is final on all matters relating to the awarding of the Welcome Bonus and shall not be subject to review or appeal by You or any third party.
5.6.7 In the event that the Company deems that a User has executed any act in bad faith in relation to this offer and/or tried to abuse this offer, such User shall be excluded from this offer and therefore become ineligible to receive the Welcome Bonus; such ineligibility may be determined and the Welcome Bonus (and any winnings gained from the use of the Welcome Bonus) withheld or revoked, even after the award of the Welcome Bonus.
5.6.8 The receiver of the Welcome Bonus shall be solely responsible for paying any relevant taxes levied in relation to the receipt of the Welcome Bonus.
5.6.9 The Company reserves the right to alter these terms and conditions, cancel, modify or suspend this offer and any promotion at any time and without prior notice.
5.7 Tell a Friend Bonus:
5.7.1 Every time a friend that You have provided his/her contact details to the Company signs up and pays for the Services, You will get a free participation in a pool of players in a lottery draw (the “Tell a Friend Bonus“).
5.7.2 The Tell a Friend Bonus will be given only if the friend opens an account with the Company and uses at least once the Services, provided that the friend opens an account and uses the Services within 30 days from the date in which You provided the friend’s name and email address to the Company.
5.7.3 You will not be entitled to receive the Tell a Friend Bonus if Your friend (or anybody else from the friend’s household) has or used to have an account with the Company.
5.7.4 You will only provide the contact details of people You are friends of, and You will not provide the contact details of third parties You are not familiar with and/or such people that contacting them on behalf of the Company following the provision of their contact details by You could amount to spamming by the Company.
5.7.5 The choice of the lottery draw in respect of which You will receive the Tell a Friend Bonus remains at the Company’s sole discretion.
5.7.6 There is no limit on the number of Tell a Friend Bonuses You can receive.
5.7.7 The Company’s decision is final on all matters relating to the awarding of the Tell a Friend Bonus and shall not be subject to review or appeal by You or any third party.
5.7.8 In the event that the Company deems that a User has executed any act in bad faith in relation to this offer and/or tried to abuse this offer (including, but not limited to, any breach of these terms & conditions), such User shall be excluded from this offer and therefore become ineligible to receive the Tell a Friend Bonus; such ineligibility may be determined and the Tell a Friend Bonus (and any winnings gained from the use of the Tell a Friend Bonus) withheld or revoked, even after the award of the Tell a Friend Bonus.
5.7.9 The receiver of the Tell a Friend Bonus shall be solely responsible for paying any relevant taxes levied in relation to the receipt of the Tell a Friend Bonus.
5.7.10 The Company reserves the right to alter these terms and conditions, cancel, modify or suspend this offer and any promotion at any time and without prior notice.
5.8 The Company reserves the right to set a minimum purchase amount for the Tickets. The minimum purchase amount for the Tickets for the User is 5 euro and set as default.
- PARTICIPATION WITH OTHER USERS
7.1 The Company may offer, as a syndicate organizer and in respect of certain lotteries, the possibility to participate in the purchase of Tickets with other Users, in accordance with pre-determined programs provided by the Company (the “Programs“). The User participating in a Program will be contractually entitled to receive a portion of the Winnings attributed to the Tickets purchased in connection with that Program (subject to all other provisions of this Agreement) in accordance with that User’s share in that Program, as well as according to the fee to be paid to the Company in connection with the setting up and management of the Program (the “Ratio“).
7.2 If You choose to participate in a Program, You will be requested to inform the Company of the share of that Program You wish to purchase (subject to limitations provided in the Program). If not all of the shares of that Program are purchased, then the Company may, at its sole discretion, (i) purchase on its own behalf the remainder of the shares of that Program, or (ii) not purchase any Tickets in connection with that Program; the Company is under no obligation to provide You any notice to that effect, and it is Your sole responsibility to verify that the Tickets to be purchased in accordance with a Program were indeed purchased. The provisions of this section do not derogate from the provisions of sections 4.7 and 4.8.
7.3 It is hereby clarified that the numbers to be used in connection with the Program could change at the Company’s sole discretion. The numbers thus shown are solely for illustration purposes, and could be altered prior to the draw and between draws; You are not provided with any right to the numbers thus shown.
7.4 Without derogating from other provisions of this Agreement, it is hereby clarified that the Users participating in that Program are entitled to receive the Winnings according to their portion as calculated on the basis of the Ratio on the basis of a contract between the Company and all of the Users participating in the applicable Program – all in accordance with this Agreement.
7.5 Where the Tickets participating in the Program are provided for free by the Company to the Users, then the Winnings attributed to any single Ticket will be distributed to the Users in accordance with the Ratio only where the total Winnings attributed to that Ticket are more than EUR 5,000 (five thousand Euros); where the total Winnings attributed to any such single Ticket are EUR 5,000 (five thousand Euros) or less, then those Winnings will be transferred to the Company and the Company will be the sole owner of those Winnings.
7.6 Subscription Insurance allows you to return the money spent on the Syndicate Subscription either partially or in full, in case the given Syndicate Subscription does not result in a win. To insure the money spent on Syndicate Subscription you need to choose the „Insurance” option when purchasing the Syndicate Subscription, then choose the insurance type you are willing to purchase: the insurance fee will then be added to the subscription cost. In case your Syndicate Subscription results in a win, the insurance fee is not returned, and the money won within the Syndicate is transferred to your User Account, where it can be either withdrawn to your bank account or spent on other ticket/subscription acquisition via LottoLucker. In case your Syndicate Subscription does not result in a win, the insurance fee is not returned, but the money spent on the Syndicate Subscription is redeposited on your User Account either partially or in full (depending on your selected Insurance type), where it cannot be withdrawn to your bank account, but may be spent on any other ticket/subscription acquisition via LottoLucker.
- PURCHASE OF TICKETS
8.1 After Your request to purchase a Ticket is recorded with the Company, the Company will (subject to the provisions of this Agreement) purchase the Ticket in accordance with Your request; where You request to purchase a Ticket as part of a Program, the provisions of section 7 will apply in addition to the other provisions of this Agreement.
8.2 Where possible, the Company will allow You to request to choose certain characteristics of the Ticket (e.g., the numbers to be chosen for the purposes of that Ticket’s participation in the lottery draw), subject to the availability of such characteristics in the lottery draw in connection with which the Ticket is purchased and subject to the availability of such an option provided by the Company.
8.3 It is hereby clarified that the Consideration is higher than the price of the Ticket, and You hereby acknowledge that the difference between the Consideration and the price of the Ticket represents a fair compensation for the Company in connection with the Services it provides to You. You hereby waive any claim or argument in connection with the difference between the Consideration and the price of the Ticket, including, but not limited to, the fairness and appropriateness of such difference.
8.4 Once You have requested to purchase a Ticket, You will not be able to cancel such a request, even if the Ticket has yet to be purchased by the Company. Therefore, all requests to purchase Tickets are final, non-fundable and non-terminable.
8.5 Once the Ticket is purchased, it will be held and stored by the Company. A scanned copy of the Ticket will be delivered to you via email or available in Your User Account. It is hereby clarified that the recording of Your request to purchase the Ticket does not amount to a purchase of a Ticket (and the Ticket is confirmed to be purchased only after a scanned copy of the Ticket will be delivered to you via email or available in Your User Account), and We will not be held liable in connection with any such request where the Ticket was not purchased (or was purchased using other characteristics than the ones You asked for – including where the characteristics chosen by You appeared on the Website), including (but not limited to) where such occurrence was due to human and/or technical errors and/or failures. It is Your sole responsibility to confirm that a Ticket was purchased according to Your request (including, but not limited to, the relevant characteristics).
8.6 Without derogating from the provisions of section 8.5, it is hereby clarified that all requests to purchase a Ticket must be made at least 24 hours prior to the time of the lottery game or draw in respect of which the request to purchase a Ticket was made (the “24 Hours Period“); where the lottery game or draw is played and/or performed during or adjacent to a national holiday, bank holiday or any other day which is not a business day in the jurisdiction in which the Ticket applicable to that lottery game or draw is purchased, then the 24 Hours Period shall commence 24 hours prior to the beginning of such national holiday, bank holiday or any other day which is not a business day, and will also include the period of such national holiday, bank holiday or any other day which is not a business day. The Company is under no obligation to purchase any Ticket if the request to purchase such Ticket was made during the 24 Hours Period. Without derogating from the above, the Company may purchase a Ticket if the request to purchase it was made during the 24 Hours Period, but is under no obligation to do so. If a Ticket was not purchased due to the fact that the request to purchase it was made during the 24 Hours Period, the Company will purchase a similar (as far as possible) Ticket for the next lottery game or draw.
8.7 Without derogating from any other provision of this Agreement, where the Ticket was not purchased, the Company may, at its sole discretion, provide You with an alternative service aimed at securing Your enjoyment from the participation in the lottery draw; this will be performed by providing You with an equivalent product to the Ticket which will ensure that You will receive the exact same benefits as if the Ticket was purchased. For the avoidance of doubt, this service will be operated and implemented at the Company’s sole discretion in select instances. It is hereby clarified that the consideration to be paid for such service will be the same as the Consideration.
8.8 The participation in the lottery draw (via purchasing the Tickets) is subject to, and in accordance with, the terms and conditions of this Agreement and the laws, rules, terms and conditions under which the lottery draw is performed by the Operator.
- RESULTS OF DRAWS AND WINNINGS
9.1 The results of the lottery draw, as published by the Operator, will be published on the Website after they are published by the Operator. For the avoidance of doubt, only the final results of the lottery draw as published by the Operator will determine the Winnings attributed to each Ticket, and in any case in which the results published on the Website differ from the results published by the Operator, the results published by the Operator will be the sole results that will determine the Winnings attributed to each Ticket.
9.2 Following the publication of the results of the lottery draw by the Operator, the Company will review whether any Tickets are entitled to receive any Winnings. Following such a review, the Company will notify the Users who are entitled to receive Winnings in connection with that lottery draw; such notification will be done solely via the User Account. For the avoidance of doubt, it is hereby clarified that the determination of entitlement to Winnings is done solely by the Operator, and We will not be liable to You in connection with any error (including, but not limited, any error due to human and/or technical errors) in any notification (or lack of) of Winnings provided to You by the Company, including, but not limited to, errors in the determination of any entitlement to Winnings (whether You were wrongly or mistakenly notified You are entitled to Winnings, and/or whether You were wrongly or mistakenly not notified that You are entitled to Winnings (including, but not limited to, where such error caused You to receive an amount smaller than the amount of Winnings You were entitled to absent such error, or no amount whatsoever)) and/or the amount of Winnings. It is hereby clarified that it is Your duty and obligation to review the official results published by the Operator, determine Your entitlement to any Winnings and notify the Company accordingly.
9.3 Following the determination of the Winnings or the notification to that effect by You to the Company, the Company will collect the Winnings on Your behalf from the Operator. For this purpose, You hereby provide the Company (and anyone on its behalf) with an irrevocable power of attorney for the collection of Winnings on Your behalf, to perform any action and execute any document and/or agreement for the purpose of collection of the Winnings. You also agree to perform any action and execute any document and/or agreement required for the purpose of implementing this power of attorney and collecting the Winnings. Without derogating from the above, You hereby acknowledge that in some instances, the Operator may require You to collect the Winnings in person from the Operator at the Operator’s jurisdiction (or any other place) or require You to perform any other act in person; in which case you hereby absolve Us of any obligation and/or duty to collect the Winnings, and it is Your responsibility to collect such Winnings (including, but not limited to, bear all costs and/or expenses associated with such collection).
9.4 You acknowledge and agree that in any lottery draw in which it is possible to receive the Winnings in a lump sum or in installments, the Winnings will be received in a lump sum, even if such choice carries with it diminution in the Winnings due to (without limitation) taxes, penalties, fees and/or the rules, terms and conditions of that lottery draw.
9.5 The amount of Winnings received by You into Your User Account will be determined by the Operator, and You will not be entitled to receive any amount beyond the amount paid by the Operator less any handling charges, fees and/or commissions, including charges, fees and commissions to be paid to the Company; where the Winnings are the result of participation in a Program – You will receive Your stake in the Winnings. Your balance in Your User Account will be updated only after (and in accordance with) the payment of Winnings by the Operator. For this purpose, You acknowledge that taxes, levies and duties may be withheld or paid from the Winnings, either by the Operator or by the Company. Without derogating from the above, You will be responsible for the payment of any and all taxes, levies and fees due by You in connection with the collection and receipt of the Winnings.
9.6 If any errors result in awarding Winnings to You or in an increase in Winnings paid to You, You shall not be entitled to these Winnings. You shall immediately inform the Company of the error and shall repay any Winnings credited to Your User Account in error to the Company (as directed by the Company) or the Company may, at its sole discretion, deduct an amount equal to those Winnings from Your User Account or set off such amount against any money owed to You by the Company.
9.7 You hereby acknowledge and agree that Your personal details (and any other details) will be provided to the Operator, if so required, and that this may be a pre-condition for the collection of the Winnings.
9.8 Where the Winnings in any single Program or Ticket are USD 1,000,000 or higher, the Company shall charge a commission of 10% of the Winnings.
9.9 All winnings are paid directly to the User by Operator after withdraw request is received. Cases of withdrawing different sum of Winnings:
a) 1 EUR up to 1000 EUR. The User has to send declaration of deposit and KYC (know your customer policy) before the Winnings will be drawn to the User’s bank account. The winnings will be sent within 3 days after the request has been received.
b) 1001 EUR up to 9999 EUR. The User has to send declaration of deposit and KYC (know your customer policy) before the Winnings will be sent via wire transfer to the User’s bank account. The wire transfer will be performed within 7 days after the request has been received.
c) 10000 EUR and more. The user has to receive the Winnings personally in country where lottery is held.
- INACTIVE ACCOUNTS
10.1 If You do not access Your User Account, for any consecutive period of 180 days, then after those 180 days (the “Period“) Your User Account will be deemed Inactive.
10.2 Once Your User Account has been deemed Inactive, the Company will be entitled to charge You an administrative fee at the amount of the higher of (i) 15 Euros or (ii) 10% of the balance in Your inactive User Account; such fee will be charged on the first day following the end of the Period and in every thirty (30) days thereafter. In the event that You access Your User Account after the Period, the Company will cease to charge the administrative fee but shall not be obligated to return to You any administrative fees already deducted from Your User Account.
11.1 Acceptance of a cashout request is subject to any deposit method restrictions, transaction and withdrawal limits and security reviews (and any other terms of this Agreement); in this respect, please be advised that the minimum amount for a cashout is 5 Euros (or the equivalent amount in any other currency). Cashouts shall be made by cheque, wire, credit card and/or any other manner which the Company selects at its sole discretion, although the Company will try to accommodate Your preferences as indicated by You.
11.2 The Company may report, withhold and deduct any amount from Your User Account in order to comply with any applicable law.
11.3 Payments 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.
11.4 The funds in Your User Account can be withdrawn in US Dollars or Euros, according to Your preference. In any case in which the funds in Your User Account are held in any other currency, the Company will convert the funds into US Dollars or Euros, according to Your preference, in accordance with the valid exchange rates as determined by the Royal Bank of Scotland. Any fees and costs incurred in connection with such conversion will be deducted from the funds cashed out.
11.5 While the Company does not charge commissions for any cashouts, there may be third party fees, commissions and/or costs incurred in connection with such cashouts (including, but not limited to, conversion charges, fess and/or commissions) and these will be deducted from the funds cashed out.
11.6 The Company retains the right to withhold any payments to You, in the event that it believes or suspects (at its sole discretion) that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, or if the Company has any concerns about the operation of Your User Account or the cashout request. In such cases, the Company may commence and/or be involved in and/or assist any investigation into such circumstances (including, but not limited to, by way of disclosing any relevant information, including Your personal identifiable information, to any third party), and You agree to assist and cooperate with any such investigation.
11.7 Please consider that we take 2 business days to process your withdrawal request. Corresponding withdrawals will take up to 3 business days to reach your credit card or bank account.
- FRAUDULENT ACTIVITIES
If, at the Company’s sole discretion, You are found to have cheated or attempted to defraud the Company or any other User (or suspected of such activity), including but not limited to manipulation or payment fraud, or if the Company suspects You of fraudulent activity, including (but not limited to) chargebacks, reversal of payment and/or use of stolen payment means, or of any illegal or prohibited activity (including, but not limited to, money laundering) or if Your deposits or payments failed to be honored for any reason, the Company reserves the right to withhold Winnings and cashouts, suspend or terminate Your User Account, seize and/or confiscate all funds contained within and recover bad debts using whichever method may be available to the Company. For the avoidance of doubt, it is hereby clarified that nothing within this Agreement will preclude the Company from utilizing any other remedy available to it in respect of any matter relating to this Agreement.
- INTELLECTUAL PROPERTY RIGHTS
13.1 All the rights, including the intellectual property rights (including, but not limited to, patents, copyright, trademarks, service marks, logos, trade names, and know-how) concerning the Website, and all of its content (including, but not limited to, software and programs, files, video, audio, music, pictures, images, photographs, graphics, animations, pictures, text and software) and/or the Services (collectively the “Rights“), are and shall remain the sole and exclusive property of the Company. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to this Agreement, and You shall not, by using the Services and/or the Website or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Website and/or any content within the Website to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing any content of the Website and/or the Services, and (iii) making the Website and/or the Services (or any part thereof) available to any third party.
13.2 Without derogating from the generality of the foregoing, it is hereby clarified that “LottoLucker” is the Company’s trademark, and any use thereof or of similar signs or marks is prohibited and will constitute a violation of the Company’s rights.
13.3 All content and use of the Website and the Services is for personal, non-commercial use only. Any other use is strictly prohibited and You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any such use.
- LIMITATION OF LIABILITY
14.1 We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of the Website and/or Services and/or the provision of the Services, whether direct or indirect, incidental, special or consequential, including, but not limited to, damage for loss of business, loss of profits, loss of revenue, loss of Winnings, business interruption, loss of business information, loss of data (even where We have been notified by You of the possibility of such loss or damage). The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Website’s activity. However, in any event of a technical failure in the Website’s operating or computer system, human error or force majeure, the Company will be entitled to cancel Your use of the Services, concerning which the malfunctioning has occurred. In such an event, Our sole responsibility and liability will be limited only to the Consideration that was paid by You for purchasing the specific Ticket for the specific lottery draw.
14.2 In addition to the above, it is clarified that the We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any telephone network or lines, computers, systems, servers or providers, computer equipment, software, emails or for traffic congestion on the internet or at any website.
14.3 We reserve the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including – but not limited to – infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the Company’s control.
14.4 We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software and Services contained and/or offered on the Website for any purpose. All information, software and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered on the Website, whether express or implied. In any event, We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website.
14.5 We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your User Account or which will result in damage to Your hardware and/or software and/or data.
We shall not be liable for any damage caused as a result of any attempt by You (or on Your behalf) to use the Website and/or Services by any methods, means or ways not intended by the Company.
14.6 We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides You with access to the Website and/or the Services.
14.7 You will use the Website and Services at Your own risk, and We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that We provide on or make available through the Website are not controlled by Us. Accordingly, We make no warranties regarding such third-party services, resources and information, and We will not be liable for Your use of or reliance on such third-party services, resources or information
14.8 You will indemnify and hold Us harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from Your breach of this Agreement. We reserve the right to withhold and/or deduct any payments and sums due to Us in connection with this indemnification obligation, from Your User Account.
14.9 We shall not be liable for failure and/or delay to perform any obligation under this Agreement (in whole or in part), including, but not limited to, the purchase of Tickets, the fulfillment of the choices You made in connection with the characteristics of the Tickets, collection of Winnings, choice of manner of the collection of Winnings, any requirement of any third party in connection with the collection of the Winnings and/or tax requirements and payments. Without derogating from the above, We will not be liable to You in connection with anything related to the Winnings, including, but not limited to, (i) any act or omission on Our behalf which has caused You to receive a smaller amount of money than the Winnings, or no Winnings at all, and/or (ii) any circumstances which has caused the Operator to cancel Your right to receive Winnings for any reason whatsoever; and You hereby waive any claim and/or argument in this respect.
14.10 THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS OR OF APPLICABLE LAWS, RULES AND REGULATION (INCLUDING, BUT NOT LIMITED TO, ANY OPERATOR’S RULES), OR THAT THE WEBSITE, SERVICES, THE WEBSITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE WEBSITE OR SERVICES.
If You have any complaints, claims or disputes with regard to the
Website and/or the Services, You must submit Your complaint to the Company in writing as soon as is reasonably practicable following the occurrence of the event to which the complaint, claim or dispute refers. Complaints may be submitted by email to firstname.lastname@example.org, or via our Contact Us Page indicating Your claim/complaint with maximum description and details.
- ANTI-MONEY LAUNDERING
LottoLucker does not tolerate money laundering and supports the fight against money launderers. LottoLucker follows the guidelines set by the UK’s Joint Money Laundering Steering Group. The UK is a full member of the Financial Action Task Force (FATF), the intergovernmental body whose purpose is to combat money laundering and terrorist financing.
LottoLucker now has policies in place to deter people from laundering money. These policies include:
• ensuring clients have valid proof of identification
• maintaining records of identification information
• determining that clients are not known or suspected terrorists by checking their names against lists of known or suspected terrorists
• informing clients that the information they provide may be used to verify their identity
• closely following clients’ money transactions
• Not accepting cash, money orders, third party transactions, exchange houses transfers or Western Union transfers.
Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
Money Laundering usually follows three stages:
• firstly, cash or cash equivalents are placed into the financial system
• secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions designed to obscure the origin of the money (e.g. executing trades with little or no financial risk or transferring account balances to other accounts)
• And finally, the funds are re-introduced into the economy so that the funds appear to have come from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account).
Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a trading account can be used to execute financial transactions that help obscure the origins of the funds.
LottoLucker directs funds withdrawals back to the original source of remittance, as a preventative measure.
International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses that could occur in a customer account and implement a compliance program to deter, detect and report potential suspicious activity.
These guidelines have been implemented to protect LottoLucker and its clients.
For questions/comments regarding these guidelines, please contact us at email@example.com
- KYC (Know Your Customer) Policy
Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist activity.
LottoLucker holds a zero tolerance fraud policy, and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited.
LottoLucker aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method.
When you deposit funds we will require the following documents
• A copy of your valid passport with the signature page
• Copies of your credit cards, used to make the deposit (Front side with only the 4 last digits visible, back side with the CVV covered).
• A copy of a recent utility bill in your name and address
• A signed purchase history of your online transactions
If you have any questions please don’t hesitate to contact our customer support: firstname.lastname@example.org
When do I need to provide these documents?
We highly appreciate you taking the time to provide us with all the necessary documents as soon as you can, in order to avoid any delays in processing your transactions. We require the receipt of all the necessary documents prior to making any cash transactions to your benefit.
Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades.
Please note that if we will not receive the required documents on file, your pending withdrawals will be cancelled and credited back to your trading account. We will notify you on such event via our system.
How can I send you these documents?
Please scan your documents, or take a high quality digital camera picture, save the images as jpegs, then send it to us via mail to email@example.com
How do I know my documents are safe with you?
LottoLucker holds the security of documentation at highest priority, and treats all documents it receives with utmost respect and confidentiality. All files we obtain are fully protected using the highest level possible of encryption at every step of the review process.
We thank you for your cooperation in helping us make LottoLucker a safer place to trade.
16.1 The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account.
16.2 The Company shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Services with immediate effect. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Us in such regard.
16.3 The Company may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
16.4 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.
16.5 This Agreement constitutes the entire agreement between the Company and You with respect to the subject matter hereof and supersedes any and all prior agreement between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation made by Us. Any representation, promise, undertaking or consent, whether verbal or in writing, which is not included in this Agreement, will not be valid.
16.6 The failure of the Company at any time in enforcing any right or remedy under this Agreement shall not be construed as a waiver of any future or other exercise of such right or remedy.
16.7 This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the British Virgin Islands for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability.
16.8 If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
16.9 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.
16.10 The Company is entitled to amend this Agreement with immediate effect at any time and post the amended version on the Website, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. It is Your sole responsibility to review this Agreement and any amendments, before performing any activity via the Website. Any use by You of the Website and/or Services after making such an amendment shall be deemed as Your awareness and acceptance of any amendment of this Agreement. If any amendment of this Agreement is unacceptable to You, Your only recourse is to terminate this Agreement.
16.11 This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
16.12 The Company may, at any time, set off any positive balances in Your User Account against any amount owed by You to the Company.
16.13 The Company reserves the right to limit or refuse any activity and/or request made by You or through Your User Account.
16.14 Unless explicitly stated in this Agreement, nothing in this Agreement shall: (i) be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, or (iii) grant You any security interest in any asset of Us, including (but not limited to) any sum held in Your User Account.
- REFUND POLICY
17.1. When you open an account with The Company the payment will be debited from your credit card immediately. If you are not satisfied with The Company trading platform for any reason, you have the right to apply for a refund of your remaining balance. Please note that if you have received a bonus, you will have to follow the bonus T&C. If you decide to apply to refund your purchase, all logins and memberships will be deactivated. Whether your application will be approved or declined shall be at the sole discretion of the Company. Please allow up to 48 hours for our customer support team to approach your request. Our support team will contact you to confirm your request or to ask for additional information if needed. All refunds will be issued in the form of payment in which they were made.
- RECURRING TRANSACTIONS
18.1. There are no recurring transactions of any kind at the Website.