Last update: 11/06/2018
Promotional Terms and Conditions here
The Web Site is operated by Lotto Network. Lotto Network, acting as a betting intermediary, places a Player's bets with MyLotto24, which acts as bookmaker for Player. In placing bets, Lotto Network acts as agent on behalf of, and on the instructions of, Player. Lotto Network is responsible for operating the Web Site, establishing and operating Player Accounts, placing Players' Bets with MyLotto24, delivering Bets wagered by Players to MyLotto24, and passing on to Players the Prizes/Winnings received from MyLotto24, in accordance with these Terms.
MyLotto24 acts as bookmaker in respect of bets placed by Players via Lotto Network. MyLotto24 is responsible for the setting of odds and for paying any Prizes/Winnings on successful bets and for delivering any Prizes/Winnings to Lotto Network to pass on to the winning Players.
The LottoGiving Partner is not a party to these Terms.
SECTION A - PREAMBLE
This Web Site enables Players to:
- take part in games operated by MyLotto24 ('Lottery Betting'), where Bets can be placed on the outcome of lottery draws for the following lotteries:
- the LOTTO 6aus49 (each a 'Lottery', and together, 'Lotteries');
- participate in syndicates which place Bets on the outcome of the Lotteries mentioned under Condition 1a) above.
'Lotto Network' - Lotto Network Limited, a company regulated by English law, with its registered office at 5th Floor, One New Change, London EC4M 9AF, United Kingdom, and company number 08285053.
'MyLotto24' - MyLotto24 Limited, a company regulated by English law, with its registered office at Suite 1, 3rd Floor 11-12, St. James' Square London SW1Y 4LB, United Kingdom, and company number 06131579.
Lotto Network and MyLotto24 are licensed and regulated by the British Gambling Commission. The licence numbers of Lotto Network and of MyLotto24 can be found at the bottom of each page of the Web Site. Details of the Gambling Commission can be found at: www.gamblingcommission.gov.uk.
3. Roles of Lotto Network and MyLotto24
Lotto Network is responsible for operating the Web Site, establishing and operating Player Accounts, providing intermediary services on Bets with MyLotto24 on the outcome of Lotteries (see Condition 1a)), organising syndicates and providing intermediary services on respective Bets with MyLotto24 (see Condition 1b)), delivering stakes waged by Players to MyLotto24, and passing on to Players the Prizes paid out by MyLotto24, in accordance with these Terms.
MyLotto24 is a betting operator, and operates Lottery Betting. MyLotto24 shall, in particular, determine their rules, ultimately receive stakes and pay out respective Winnings to Lotto Network for passing it on to Player.
If a Player wishes to bet on the outcome of a Lottery draw, Player will order Lotto Network to submit the corresponding betting order to MyLotto24. As a consequence, Lotto Network will act as a betting intermediary on behalf of Player, and MyLotto24 will act as an operator of Lottery Betting and is the counterparty to Player's Bet.
If a Player wishes to participate in a syndicate where several Players jointly place a Bet on the outcome of one or several Lotteries, Player instructs Lotto Network to organise the syndicate, to provide the respective services and to place Bets with MyLotto24 in the name of the syndicate. As a consequence, Lotto Network will act as a betting intermediary for the syndicate, and MyLotto24 will act as an operator of Lottery Betting and is the counterparty to syndicate Bets.
4. Contractual relationships
If a Player wishes to place a Bet on the outcome of a Lottery or participate in a syndicate, he concludes two contracts at a time:
- one contract with Lotto Network regarding the use of the Web Site, the registration and operation of Player Accounts, the placing of Bets with MyLotto24 and the organisation of syndicates, the delivery of stakes wagered by Players to MyLotto24 and the payout of Prizes paid out by MyLotto24 to Players; and
- one contract with MyLotto24 governing the terms of each Bet and the rules of Lottery Betting operated by MyLotto24 and the payout of Prizes. A peculiarity when participating in syndicates is that by placing a Bet with MyLotto24 through Lotto Network, the contract with MyLotto24 is concluded on behalf of the syndicate itself instead of between the individual Player and MyLotto24.
5. Betting Fees
All Betting Fees payable by Player or the syndicate for placing a Bet consist of two elements:
- the stake for the respective Product fully belongs to MyLotto24, is collected by Lotto Network in the name and on the account of MyLotto24 and forwarded by Lotto Network to MyLotto24 upon receipt of payment from Player; and
- the service fee is the remuneration of Lotto Network for the intermediary services rendered by Lotto Network to Player. It is collected by Lotto Network in its own name and on its own account. The service fee is - depending on the Product - either a fixed amount or a percentage of the stakes.
6. Scope of the agreements between Player and Lotto Network and Player and MyLotto24
The agreements between (i) Player and Lotto Network and (ii) Player and MyLotto24 relating to the Web Site and the respective services and products provided by Lotto Network and MyLotto24 include:
- these Terms;
- the applicable statements and explanations appearing on the Web Site (in particular descriptions of the different Products, probability of winning and results); and
Lotto Network does not separately keep the version of these Terms in force, and accepted by each Player, at the time of registering, placing a Bet or participating in syndicates. Players can make a durable copy of these Terms by printing and/or downloading a copy from the Web Site.
SECTIONS A and D of these Terms apply to both: (i) the contract between Player and Lotto Network; and (ii) the contract between Player and MyLotto24.
SECTION B of these Terms sets out terms and conditions specific to the contract between Player and Lotto Network.
SECTION C of these Terms sets out terms and conditions specific to the contract between Player and MyLotto24.
In these Terms, unless stated otherwise, the words and expressions set out below shall have the following meanings:
'Bank Account' - the bank account, Credit Card account or other means of payment held by Player and linked to the Player Account.
'Bet' - the placement of a bet by Player in the course of a MyLotto24 Product.
'Betting Fees' - the sum of money a Player or a syndicate decides to pay for placing a Bet consisting of stake and service fee.
'LottoGiving Partner' - Partner
'Credit Card' - any kind of card providing payment, debit, credit and/or similar functions.
'Jackpot' - the aggregate amount payable by the relevant Operator in respect of all winning tickets in Prize Category 1 of the relevant draw of the relevant Lottery, as announced by the Operator (or, where no such winning ticket is announced, the amount that would have been payable by the Operator had there been a winning ticket in Prize Category 1 of the relevant draw of such Lottery, as determined by MyLotto24).
'Login Credentials' - the login credentials chosen by Player at the point of registration that shall be used to carry out all deposit and withdrawal transactions via the Player Account and that are intended to ensure that Player can be identified by Lotto Network.
'Lottery' or 'Lotteries' - one or more of the lotteries described in Condition 1a).
'Lottery Betting' - services operated by MyLotto24 where Bets can be placed on the outcome of draws of the Lotteries as described in Condition 1a).
'MyLotto24 Group Company' means MyLotto24, ZEAL Network SE and Tipp24 Services Limited, any holding company of MyLotto24, ZEAL Network SE or Tipp24 Services Limited from time to time, and all direct or indirect subsidiaries of MyLotto24, Zeal Network SE, Tipp24 Services Limited or any such holding companies from time to time.
'MyLotto24 Products' or 'Products' - all Lottery Betting provided by MyLotto24 where Bets can be placed on the outcome of draws of Lotteries (including the Participation in syndicates and the respective placement of Bets with MyLotto24), and other gambling services provided from time to time by MyLotto24 via Lotto Network.
'MyLotto24 Winning Bet' - a Bet placed directly or indirectly with MyLotto24 that has led to a Winning, including Bets placed by (i) a Player via Lotto Network; (ii) other companies that transmit their Bets or Bets of their clients to MyLotto24 and that act as an agent or betting intermediary in respect of Products offered by MyLotto24; (iii) a person who has placed his/her Bet not via the Web Site, but via the services (including other websites) of a third party acting as agent in respect of, or betting intermediary for, MyLotto24 Products or of a third party offering MyLotto24 Products under its own brand; or (iv) a person who has placed his/her Bet directly with MyLotto24, whether by any website operated by MyLotto24 or otherwise.
'Operator' - the members of the:
- Deutscher Lotto- und Totoblock ('DLTB') that operate or jointly operate the LOTTO 6aus49 Lottery in Germany.
'Participation in a syndicate' - the purchase of a share in a syndicate by Player and the respective placement of a Bet on behalf of the syndicate with MyLotto24.
'Player' - a user of the Web Site, referred to as he (including he and she) or his (including his and her) and him (including him and her).
'Player Account' - the notional account created by Player on the Web Site through which Player instructs Lotto Network to place a Bet and to organise syndicates and place respective Bets with MyLotto24.
'Prize' or 'Winnings' - the amount to be paid to Player by Lotto Network on behalf of MyLotto24 in respect of each MyLotto24 Winning Bet, and the terms shall be used interchangeably.
'Prize Allocation' - in respect of a draw, the amount payable by the Operator of the relevant Lottery on which the MyLotto24 Product is based in respect of each individual Winning Ticket for the relevant Prize Category in that Lottery.
'Prize Category' - in respect of a MyLotto24 Product, the relevant tier of winning as determined by the amount of numbers correctly matched (including bonus numbers, stars or other special symbols).
'Prize Category Allocation' - in respect of a draw, the amount payable by the Operator of the relevant Lottery on which the MyLotto24 Product is based in respect of the aggregate of all Winning Tickets for the relevant Prize Category in that Lottery (or which would have been payable by the Operator for that Prize Category, had there been any applicable Winning Ticket).
'Terms' - these terms and conditions that govern the relationship between (i) Player and Lotto Network; and (ii) Player and MyLotto24.
'Valid Identification Document' means a valid identification document issued by a governmental office (e.g. ID-card or passport) which at least shows Player's name and date of birth.
'Web Site' - LottoGiving Partner Web Site
'Winning Ticket' - a winning ticket for the relevant draw of the relevant Lottery.
References in these Terms to a Player placing a Bet are (unless otherwise expressly stated) deemed to refer to Lotto Network placing the Bet with MyLotto24 at the instruction, and on behalf, of Player or the syndicate. References in these Terms to the Participation in a syndicate are (unless otherwise expressly stated) deemed to refer to Player's order with Lotto Network to organise a syndicate and place a Bet with MyLotto24 subsequently. In these Terms, except where the context specifically requires otherwise: (i) words importing one gender shall be treated as importing any gender; and (ii) any phrase introduced by the terms "including", "include", "for example" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms.
SECTION B - SPECIFIC TERMS FOR THE CONTRACT BETWEEN PLAYER AND LOTTO NETWORK
8. The Player
The Web Site and the products and services offered on the Web Site are offered only to persons who:
- are over 18 years of age (and, in this regard, Players should note that underage gambling is an offence in the United Kingdom);
- are aware that they might lose their Betting Fees as a consequence of the Bets they place through Lotto Network or their Participation in syndicates through Lotto Network;
- will not use the Web Site for any commercial activity or on behalf of other persons;
- are not physically located at the time of placing their Bet or of participating in syndicates in any territory that MyLotto24 excludes at the time of registration, including, but not limited to, the United States of America;
- are not at the time of placing their Bet or of participating in syndicates a director or employee of Lotto Network or MyLotto24 or any MyLotto24 Group Company; and
- are not prohibited from participating in games by the Office for Foreign Assets Control of the US Department of the Treasury and/or any comparable governmental body or department in any other country that may prohibit persons in a manner similar to the Office of Foreign Assets Control.
At the time of registration, Player concludes a contract with Lotto Network regarding the use of the Web Site, the establishment and operation of Player Accounts, the provision of the intermediary services on the placement of Bets with MyLotto24 and the organisation of syndicates and the placement of Bets with MyLotto24 on behalf of the syndicate, the transfer of stakes wagered by Player to MyLotto24 and regarding the payout of Winnings paid out by MyLotto24 to Player.
Players may be required to provide the following in the course of registering or at a later time: name, date of birth, gender, e-mail address, residential address, mobile phone number, Credit Card/Bank Account number and other information or forms of identification or verification of his data that Lotto Network may request. Means of payment such as Credit Cards or Bank Accounts will only be accepted when issued in Player's name. Players expressly acknowledge that a failure to provide any such information may result in Lotto Network refusing to complete registration of any Player.
ach Player shall ensure that the Credit Card/Bank Account data provided by him at the point of registration is accurate and complete, and that his Credit Card has not been lost or stolen or the subject of fraud. Players shall immediately inform Lotto Network: (i) if his Credit Card becomes lost or stolen; or (ii) if he has given away, shared or lost his pin code for his relevant Credit Card/Bank Account or his Login Credentials.
Players shall (i) fill out all of the compulsory fields in the registration form, (ii) ensure that their data is accurate and complete and (iii) immediately inform Lotto Network of any change in the data supplied by them during registration, including changes to Credit Card/Bank Account data, by making the requisite changes to their Player Accounts. Lotto Network is not under any duty to contact Player in order to complete or correct any information that is, or may appear to be, incomplete, incorrect or out of date.
9 Player Account
9.1 Registration and Cancellation of a Player Account
Prior to placing a Bet or to participating in a syndicate, Player must register electronically to create a Player Account. Lotto Network reserves the right to refuse in its sole discretion to complete registration for any Player for any reason. Once Player's details are accepted by Lotto Network for registration as a Player Account, he shall be given a personal customer number and a Player Account shall be created for Player, through which Player can place Bets, participate in syndicates and carry out deposit transactions. When registering, each Player shall choose Login Credentials of his choice. Players may change their Login Credentials at any time through their Player Account.
Players are not permitted to have more than one Player Account at any one time or to have a Player Account registered for several persons. If additional Player Accounts or Player Accounts in the name of several persons are opened, Lotto Network will be entitled in its sole discretion to investigate and close any such accounts without notice.
Players must keep their Login Credentials secure to prevent unauthorised use of these details. Each Player is solely responsible for all activity conducted through his Player Account. Player is not authorised to use a third party's Player Account.
Each Player must immediately report suspected fraud and illicit use of their Player Account to Lotto Network and take such steps as may be necessary in order to overcome any such fraud or illicit use, such as by changing the Login Credentials on the Player Account.
Lotto Network shall be entitled in its sole discretion to set and amend from time to time monetary limits on the operation of Player Accounts, including (without limitation) limits on minimum and maximum deposit amounts, and maximum aggregate sums that may be bet in a particular time period. If a Player Account shows a balance in excess of any maximum deposit amount, Lotto Network may choose in its sole discretion to pay out the excess balance to Player's Bank Account.
Players may close their Player Account by giving Lotto Network at least 24 hours' notice (by e-mail to customer service) once their Player Account has a zero balance and all draws on which Bets have been placed, have already taken place.
9.2 Display and Operation of Player Accounts/Payout of Winnings
Player's Player Account which can be found on the Web Site under section 'My Account', shows the following details:
- the Bets placed with MyLotto24 via Lotto Network;
- the syndicate(s) to which Player has been assigned, together with Bets placed by each such syndicate and the total shares allocated in each such syndicate of the individual Player in the syndicate;
- the number of shares that are held by the Player in each syndicate;
- the respective processing status of a Bet placed;
- Player's account balance - the balance of his payments, Betting Fees and Winnings; and
- the credits and charges on Player's Player Account.
Lotto Network shall credit Prizes to Player's Player Account promptly following the payout of such Prizes by MyLotto24 to Lotto Network and the receipt of such Prizes by Lotto Network provided that the Prize won by Player or the syndicate respectively does not exceed a certain limit determined by Lotto Network. For any Prizes in excess of this limit, Lotto Network will contact Player to arrange payment of the applicable Prize to Player's Bank Account. Lotto Network reserves the right to only credit Prizes to Player's Player Account after having received copies of a Valid Identification Document or other means of verification. Player may use Prizes as Betting Fees for future Bets or Participation in syndicates.
Player may request at any time that Prizes on his Player Account be paid out to him. A payout of balance deposited on the Player Account which has not been used as Betting Fees may generally not be requested by Player. For security reasons and for the prevention of money laundering, a payout will only be made to an account in Player's name. If Player provides Credit Card/Bank Accounts details relating to a Bank Account held jointly with another person, he accepts that Prizes won by him may be paid into that joint Bank Account. Before payout of Prizes, Player accepts that he may be required to supply additional appropriate ID of the person jointly holding the Bank Account./p>
For security reasons, Lotto Network reserves the right to only transfer Prizes to Player's Bank Account after having received the following information from Player: (i) copies of a Valid Identification Document or other means of verification matching the name, date of birth and residential address registered with Lotto Network at the time of the request for the payout; and (ii) a written instruction from Player setting out the details of the account the funds are to be transferred to. If Player fails to supply, and/or Lotto Network fails to receive, copies of those documents on request by Lotto Network within a period of 90 days (receipt by Lotto Network) after announcement of the winning, then Player is not entitled to claim the Winnings as set forth in Conditions 9.2.5 and 18.1.1f).
Lotto Network - as an agent - only transfers the Winnings which have been paid to Lotto Network by MyLotto24. Lotto Network shall only be obliged to transfer Winnings to Player's Player Account and to pay out such Winnings to the extent that: (i) Lotto Network has received such Winnings from MyLotto24; and (ii) Player is duly eligible to receive such Winnings, as described in Conditions 9.2 and 22.2.6.
10 Responsible Gambling, Self-Exclusion and Time Outs
Lotto Network is committed to providing Players with a safe and responsible gambling experience. As a result, Lotto Network offers a number of measures to help Players who wish to control their gambling and/or take a break from gambling, including by voluntary self-exclusion and time outs. Some information about those measures is set out below, further information, and other sources of help, can be found on the responsible gambling page.
Players may voluntarily self-exclude themselves from placing Bets on this Web Site for an exclusion period of an indefinite time but at least six months, by using the online tool available on the Web Site or by contacting Customer Service by e-mail.
By choosing to self-exclude, Player's Player Account will be immediately made inaccessible, Bets on draws that have not occurred yet will be declared invalid with immediate effect and any balance in the Player Account including Betting Fees for Bets placed on draws that have not occurred yet will be returned to Player. MyLotto24 will use all reasonable endeavours not to send any marketing materials to a Player who has self-excluded during the self-exclusion period and will not recommence sending any marketing materials unless and until the Player has reactivated his Player Account following the expiry of the self-exclusion period.
A Player who has chosen to self-exclude may only reactivate his Player Account after the expiry of the self-exclusion period. If Player wishes to reactivate a Player Account after the expiry of the self-exclusion period, a request must be made to Customer Service by e-mail. Any reactivation will be subject to a 24-hour waiting period.
A Player may also voluntarily take a short break from placing Bets by choosing to request a 'time out' for between one day and six weeks by using the online tool available on the Web Site or by contacting Customer Service by e-mail. At the end of the selected period for a 'time out', the relevant Player Account will be automatically reinstated.
Syndicates are pools of persons organised by Lotto Network for the placing of pooled Bets with MyLotto24 on separate MyLotto24 Products or on combined MyLotto24 Products. Lotto Network's responsibilities include:
- the organization of the syndicate and the respective services specified below; and
- the placement of Bets with MyLotto24 on behalf of the syndicate.
The exact content of each syndicate, in particular the number and nature of the Bets to be placed by Lotto Network on behalf of the syndicate and of the relevant syndicate share of the individual Players and the potential playing period, is described on the Web Site under section 'Syndicates'.
If Player acquires two or more shares of a syndicate, he may neither claim that all shares are contained in the same syndicate nor that all shares are contained in different syndicates.
Lotto Network is entitled to participate in a syndicate for the purpose of ensuring that all shares in that syndicate have been allocated, as are other MyLotto24 Group Companies. Where any MyLotto24 Group Company (including Lotto Network) so participates in any syndicate, that MyLotto24 Group Company shall have the same rights in respect of Winnings and is subject to the same rules as any other participants.
Lotto Network will include Player in a syndicate chosen by Player for the selected playing period.
After the creation of the syndicate, Lotto Network shall develop the number combinations, which are to be placed in the name and on the account of each syndicate. Individual participants in a syndicate may not request the placement of specific betting lines or the Participation in a certain syndicate. Specific syndicates offer the possibility to combine a syndicate with the placement of a single Bet. The placement of those single Bets shall be determined in accordance with Condition 17 of these Terms.
If Player chooses a playing period of more than one week, Player will generally be allocated to a new syndicate with a new combination of numbers.
Syndicates may be played as 'subscription Bet' and therefore automatically be continued. In this case, each Player shall, until further notice, authorise Lotto Network to establish a new syndicate under the same conditions on expiry of the selected betting period for another betting period that corresponds the length of the initially selected betting period. However, special offers or rebates in respect of the first syndicate may not remain valid for subsequent syndicates.
Winnings for each Bet placed on behalf of a syndicate will be calculated by MyLotto24 according to the rules set out for the relevant MyLotto24 Products in Condition 17 of these Terms. Each syndicate shall be entitled to the full sum of any Winnings from the Bets placed by Lotto Network on behalf of the syndicate. All Winnings from a playing period will be paid out among the participants in the syndicate according to their shares in the relevant syndicate
Depending on the syndicate chosen by Player, Player may terminate his involvement in a syndicate at any time by notifying Lotto Network or via the Player Account under section 'Lotto Bet History'. Termination will take effect as follows:
In the case of a syndicate with a betting period of one calendar month, notice of termination will take effect for the next calendar month provided that notice is received before the 15th day of the current calendar month, 24:00 CET. Notice of termination received after that date will take effect on the expiry of the following calendar month.
In the case of a syndicate with a shorter betting period or in respect of which Player has selected 'Play as subscription Bet', notice of termination will take effect at the end of the current betting period, provided that it is received at least two clear days prior to the first draw of the current playing period. If notice of termination is received after this time, the revocation shall take effect at the end of the next playing period.
12 Order to place Bets and to organise syndicates
Players place a binding order with Lotto Network to place a Bet with MyLotto24 or to organise a syndicate and place Bets on behalf of the syndicate with MyLotto24 by clicking the 'Submit' or a similarly named button. Players can change orders at any time before placing the binding order by clicking this button.
Player must be sure that all elements of the order to bet and/or to organise a syndicate are correct: once the order is submitted by clicking the button and therewith confirming the placement of the Bet or the Participation in a syndicate, it cannot be cancelled or amended in any way by Player. When placing a Bet and when participating in syndicates, the contract between Player and Lotto Network is considered concluded when Betting Fees are debited by Lotto Network from Player's Player Account or collected from any means of payment provided by Player. Betting Fees for multi-draw Bets and subscription Bets are debited or collected in advance at the beginning of the relevant period for all draws selected for the desired period. Player waives the declaration of acceptance of his offer by Lotto Network. Provided that Lotto Network accepts the order, Lotto Network will facilitate the placement of the Bet with MyLotto24 and organise the syndicate chosen by Player according to these Terms.
For the Participation in syndicates, Lotto Network notifies Players by e-mail if his order to organise a syndicate and to place Bets on behalf of the syndicate with MyLotto24 has been accepted.
The contract on behalf of Player or syndicate, respectively, and MyLotto24 on the placement of a Bet is deemed to be concluded when Lotto Network notifies Player that the placement of the Bet has been accepted by MyLotto24. The notification includes all information relevant to the contract concluded between Player or the syndicate, respectively, and MyLotto24 in respect of the placement of the Bet by Player or the syndicate.
If Lotto Network declines an instruction to place a Bet, the relevant Betting Fees shall be refunded to Player.
Lotto Network will not accept instructions to place a Bet, to organise syndicates or to place Bets on behalf of the syndicate from Player if Player's Player Account contains insufficient funds for the Betting Fees or if the Betting Fees are not paid by one of the following means of payment at the time when the instruction to bet is given.
Players may pay money into their Player Account by Credit Card, money transfer or such other means as Lotto Network may approve from time to time:
13.2.1 Payments by Credit Card
Lotto Network may from time to time specify minimum amounts that will be accepted by way of Credit Card payment. Funds deposited into a Player's Player Account using a Credit Card will be credited directly to the relevant Player Account.
13.2.2 Payments by bank transfer
Funds transmitted by bank transfer will be credited to, and made available in, Player's Player Account only once received in Lotto Network's bank account. A Player's customer number must be shown on all bank transfers.
13.2.3 Payment by other means
Where Lotto Network agrees to accept payment by means other than those set out in this Condition 13.2, details will be made available on the payment section of the Web Site, together with any rules, restrictions and fees.
If a payment of the chosen means of payment is returned, Lotto Network may refuse to receive further payments by this respective means of payment.
If the payment to Lotto Network of any funds requested to be credited to Player's Player Account is stopped, returned or otherwise not completed for any reason, or if any such payment is subsequently cancelled or discovered to have been the subject of any theft or fraud, Lotto Network shall be entitled to immediately deduct any amounts credited to that Player Account in respect of the payment, together with any reasonable charges incurred by Lotto Network with respect to any such payment.
Any monies deposited by Player in his Player Account with Lotto Network shall not accrue any interest. They are held in a bank account in the name of Lotto Network, which is separate from the accounts used by Lotto Network for its corporate funds. Monies deposited with Lotto Network receive basic protection according to the British Gambling Commission, i.e. monies deposited by Player are kept in accounts separate from business accounts of Lotto Network, but they would form part of the assets of the business in the event of insolvency and may therefore not be protected in full in the case of insolvency. More information on the extent to which monies deposited by Player are protected can be found at www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx.
Lotto Network shall be entitled to deduct from Player's Player Account any additional charges reasonably incurred by Lotto Network as a result of the actions of Player or in carrying out Player's instructions, including, but not limited to, payment charges.
Prizes are tax-free in many countries. Any applicable taxes, duties or levies on Prizes shall be charged to and paid by Player.
14 Rights of Lotto Network
14.1 Suspension and termination of Player Accounts
Lotto Network shall be entitled immediately to suspend a Player Account and a Player's use of the Web Site if Lotto Network believes that a Player does not meet the requirements set out in Condition 8.1a) and 8.1c)-f). In addition, Lotto Network shall be entitled immediately to suspend a Player Account and a Player's use of the Web Site if Lotto Network believes that:
- has provided false or misleading information as part of or in connection with his Player Account or otherwise in connection with the Web Site and the products or services available through it;
- is involved in any fraud-related activities;
- is in breach of any other material provision of these Terms;
- any details of the Bank Account or Credit Card used to deposit money into the relevant Player Account were, or have become, incorrect or payment by Player's Bank Account or Credit Card is contested or is reported as lost or stolen or becomes the subject of fraud;
- Lotto Network receives an unsatisfactory credit report in respect of Player or any monetary collection due from Player is returned for reasons attributable to Player; or
- Player has allowed a third party to place Bets on the outcome of Lottery draws or to participate in syndicates using his Player Account.
14.1.2 During the period of any suspension of a Player Account:
- Player will be prevented from accessing or using that Player Account; and
- Lotto Network may investigate the event that gave rise to the suspension of a Player Account and Lotto Network will be entitled (but shall not be obliged) to require that the relevant Player provides all such Valid Identification Documents as Lotto Network reasonably requires.
Should Lotto Network determine, in its reasonable discretion, that the event giving rise to suspension has occurred, Lotto Network will be entitled to terminate the Player Account in question. In this case, Lotto Network will notify Player by e-mail and will be entitled to withhold any balance on the Player Account (including Winnings). If the Player Account has been kept by a Player who is under 18 years of age, any funds paid to the Player Account by Player (and except Winnings) will be returned to that person's Bank Account.
Should Lotto Network determine, in its reasonable discretion, that the event giving rise to suspension has not occurred, the suspension of the Player Account will be lifted and Player may recommence using the Player Account.
Without prejudice to Lotto Network's rights to suspend and/or close a Player Account pursuant to Condition 14.1.1 above, Lotto Network may also close any Player Account upon giving Player prior notice by e-mail. In such circumstances, Lotto Network shall (as soon as reasonably practicable) refund the balance held on the Player Account to Player (using the Bank Account details provided to Lotto Network by the Player).
Lotto Network may further close a Player's Player Account if a period of two years has elapsed since the Player last logged-in to the Player Account. In this case and provided that there is a balance held on Player's Player Account, Lotto Network will endeavour to contact the Player before closing his Player Account by sending two e-mails to request that the Player provides Bank Account verification for the transfer of any remaining balance on Player's Player Account. If no Bank Account verification is received by Lotto Network within four weeks of the sending of the second e-mail, or if the Player cannot be reached by e-mail, then: (i) Lotto Network shall be entitled to close the Player Account; and (ii) the relevant Player shall be entitled to claim any remaining balance (including any Winnings) by contacting Customer Service.
14.2 Other rights
In addition, Lotto Network reserves the right:
to terminate, vary or suspend any aspect of the Web Site and the content and -with four weeks' prior notice - the provision of the products or services offered on the Web Site if Lotto Network or MyLotto24 ceases to offer a product or a service or products or services for any other reason at Lotto Network's sole discretion; and
(but shall not be obliged) to require that the relevant Player provides Valid Identification Documents or other means of verification in order to enable Lotto Network to satisfy itself as to the validity of Player Account details and the Player's entitlement to the Prizes and their transfer to a specific Bank Account provided by Player in accordance with these Terms.
15 Web Site, links and banners
Players must not misuse the Web Site by introducing viruses, Trojans, worms, or other material that is malicious or harmful.
While Lotto Network endeavours to ensure that the information on this Web Site is correct, Lotto Network does not warrant the accuracy or completeness of such information. The Web Site may contain typographical errors or other inaccuracies or information that is out of date.
The contents of the Web Site (including these Terms) are protected by international copyright laws and other intellectual property rights. The owner of these rights is Lotto Network, its affiliates or other third-party licensors. All product and company names and logos mentioned on the Web Site are the trade marks, service marks or trading names of their respective owners, including Lotto Network. Players are permitted to print and download extracts from the Web Site only for their personal reference, provided that:
- no documents or related graphics on the Web Site are modified in any way;
- no graphics on the Web Site are used separately from accompanying text; and
- the status of Lotto Network (and that of any identified contributors) as the author of any material on the Web Site is always acknowledged.
Otherwise, no part of the Web Site may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service, including, but not limited to, text, graphics, video, messages, code and/or software without Lotto Network's express prior consent.
16 Data protection
SECTION C - SPECIFIC TERMS FOR THE CONTRACT BETWEEN PLAYER AND MYLOTTO24
17 Bets on the Lotteries
Unless otherwise specified below, the following general provisions apply to Bets on Lotteries:
Players may place Bets with MyLotto24 via the Web Site. MyLotto24 does not provide Players with the opportunity to purchase lottery tickets for the Lotteries specified in Condition 1a). Players are placing Bets with MyLotto24 on the outcomes of the Lotteries in question. In general, the Lotteries on the outcome of which a Player can bet at MyLotto24 are terrestrial lotteries, i.e. physical (not electronic) live draws via a random generator which take place under human supervision.
Draw days of the relevant Lottery will be displayed on the Web Site under the section 'Help'of the respective MyLotto24 Product.
Valid Bets will be placed on the next relevant draw that takes place, provided that they are placed before the relevant cut-off time for that draw. The cut-off time for placing Bets on each draw of a Lottery will be displayed on the Web Site for Players at the time they place their Bets. It is up to Player to ensure that the Bet is placed before the relevant cut-off time. A Bet placed after a draw has actually occurred will not be valid for the draw that has already occurred, irrespective of any automatic confirmation that may be generated via e-mail or the Web Site, but will be deemed a Bet on the next draw. A Bet placed after a draw has occurred will further be invalid for this draw if it has been placed before a cut-off time of a relevant draw that is displayed incorrectly on the Web Site
If a Lottery operates multiple draws on the same day/date, then unless otherwise specified by MyLotto24 on the Web Site, Player's Bet will apply only to the main draw taking place on that day/date (or, where no 'main' draw takes place, the first draw) and not to any other draw made by the Lottery in question.
If a Lottery draw does not take place or no draw result is published or officially announced, all valid Bets on that draw will stand for the rescheduled draw (or, if there is none, the next available relevant draw).
17.6 Multi-draw Bets and subscription Bets
17.6.1 Multi-draw Bets
Depending on the MyLotto24 Product, Player may be able to place Bets on individual or all draws within a specified period or on a specific number of draws respectively.
17.6.2 Subscription Bets
By picking the 'subscription Bet' box, a Player may be able to automatically renew selected Bets. After the expiration of the initially selected period or number of draws, the Bet is automatically renewed for successive periods of the same duration or same amount of draws respectively, provided that Player has not cancelled the subscription Bet on the Web Site under section 'My bet slips' prior to the end of the then-current period or draws respectively.
Betting Fees for the relevant MyLotto24 Product shall be determined by the number of betting boxes and numbers, respectively, the draw day and the amount of draws chosen by Player. Betting Fees shall be displayed on the respective bet slip at the time when a Bet is placed.
If a Player wishes to bet on the outcome of a Lottery, he must click the 'Submit' or a similarly named button. Betting Fees will then be debited from Player's Player Account or by any other means of payment provided by Player. Betting Fees for multi-draw Bets and subscription Bets are charged in advance at the beginning of the relevant period for all draws selected for the desired period. The contract between Player and MyLotto24 on the placement of a Bet is considered concluded when Lotto Network notifies Player by e-mail that the Bet has been accepted by MyLotto24.
Results (including the Prize Allocation of MyLotto24) of the respective Lottery can be checked on the webpage of the respective Lottery operator or on the Web Site under section 'Results and Prize Allocation'.
Unless specified otherwise below, only one Prize can be won per Bet, which will be the highest of the available Prize Categories achieved by, and relevant to, that Bet.
The probability of winning or approximate winning for each Bet will be made available to Player on the Web Site under the 'How it Works' section.
In addition, the following special provisions apply to the specific MyLotto24 Product referenced:
'Partner Lotto' based on Lotto 6aus49 - Description and Winnings
'Partner Lotto' is a MyLotto24 Product based on LOTTO 6aus49, which is a German lottery managed and operated by the members of DLTB ('Lotto 6aus49'). LOTTO 6aus49 involves a random draw of six numbers, selected from the numbers 1 to 49 ('Number') plus one 'Star Number', selected from the numbers 0 to 9. The Star Number is known as the 'Superzahl' in the German Lotto.
Players of Partner Lotto must select six numbers selected from numbers 1 to 49 plus one Star Number, as set out on the Web Site.
The stake for each line of a Partner Lotto bet is fixed. The stake will be displayed on the relevant bet panel at the time the bet is placed.
The deadline for offering this kind of Bet will be decided by MyLotto24, and will be displayed on the Web Site for Players at the time they place their Bets.
There are 9 ways to win, by matching: 2 Numbers plus Star Number (Category IX), 3 Numbers (Category VIII), 3 Numbers plus Star Number (Category VII), 4 Numbers (Category VI), 4 Numbers plus Star Number (Category V), 5 Numbers (Category IV), 5 Numbers plus Star Number (Category III), 6 Numbers (Category II) or 6 Numbers plus Star Number (Category I).
Subject to Conditions 17.13 to 17.17, the Prize payable by MyLotto24 in respect of each MyLotto24 Winning Bet in one Prize Category shall be the Prize Allocation as announced by DLTB for the relevant draw of LOTTO 6aus49 in the respective Prize Category, or the fixed winning amount in Prize Category IX, as applicable. If DLTB has not announced a Prize Allocation in respect of a Prize Category for a draw of LOTTO 6aus49, the Prize payable in respect of each MyLotto24 Winning Bet in that Prize Category will be calculated by MyLotto24 on the basis of the aggregate amount paid for tickets for the relevant draw of LOTTO 6aus49 announced by DLTB and its allocation to the winning Prize Categories.
Conditions applied to the following Prize Categories for all Lotteries:
|LOTTO 6aus49||Prize Category I and II|
The Prize payable by MyLotto24 in respect of each MyLotto24 Winning Bet in any Prize Category described in Table 1.1 will depend on the number of MyLotto24 Winning Bets and the number of Winning Tickets in such Prize Categories, the Jackpot and Prize Category Allocations for the relevant draw for the relevant Product. The Prize payable by MyLotto24 in respect of each MyLotto24 Winning Bet in these Prize Categories shall be the amount of the Prize Category Allocation announced by the Operator in respect of each Prize Category divided by the sum of Winning Tickets and the MyLotto24 Winning Bets. If the Operator has not announced a Prize Category Allocation in respect of a Prize Category for a draw of the relevant Game, the Prize payable in respect of each MyLotto24 Winning Bet in that Prize Category will be calculated by MyLotto24 on the basis of the aggregate amount paid for tickets for the relevant draw of the relevant Game announced by the Operator and its allocation to the winning Prize Categories.
The aggregate of the Prizes payable by MyLotto24 for any Prize Category on any draw of the relevant Lottery shall never exceed an amount equal to the relevant Prize Category Allocation in that Prize Category for the relevant draw of the relevant Lottery.
MyLotto24 reserves the right to pay out Prizes (at its sole option) in (i) Euros or (ii) any other currency that is used to advertise the Prize on the Web Site. The currency exchange rate used (where applicable) shall be the relevant exchange rate published by the European Central Bank on the business day prior to the relevant draw day.
The maximum Prize payable by MyLotto24 in respect of each MyLotto24 Winning Bet in the Prize Categories described in Table 1.1 in respect of each draw of the relevant Lottery will be calculated by MyLotto24 as follows:
If there is only a single MyLotto24 Winning Bet in the applicable Prize Category, the following applies:
- if the Operator has announced that there are no Winning Tickets in a relevant Prize Category, the Prize payable in respect of the single MyLotto24 Winning Bet in that Prize Category will be equal to the amount the Operator would have paid out to a Winning Ticket in that Prize Category if there had been one Winning Ticket in that Prize Category, which amount will be calculated by MyLotto24 on the basis of the aggregate amount paid for tickets for the relevant draw of the relevant Lottery announced by the Operator and its allocation to the winning Prize Categories; or
- If the Operator has announced one or more Winning Tickets in the applicable Prize Category, the Prize payable in respect of the single MyLotto24 Winning Bet shall be equal to the Prize Category Allocation in respect of each Winning Category divided by the total number of Winning Tickets plus the Winning Bet for the relevant draw.
If there are two or more MyLotto24 Winning Bets in any Prize Category and:
- the number of Winning Tickets in that Prize Category announced by the Operator is nil, the Prize payable in respect of each such MyLotto24 Winning Bet shall be equal to the amount the Operator would have paid out to a Winning Ticket in that Prize Category if there had been one Winning Ticket in that Prize Category (which amount will be calculated by MyLotto24 on the basis of the aggregate amount paid for tickets for the relevant draw of the relevant Lottery announced by the Operator and its allocation to the winning Prize Categories, as per Condition 17.15.1a) above) divided by the total number of the MyLotto24 Winning Bets for the relevant draw in that Prize Category; or
- the number of Winning Tickets in that Prize Category announced by the Operator is higher than zero, the Prize payable in respect of each MyLotto24 Winning Bet shall be equal to the Prize Category Allocation in respect of each Prize Category divided by the total number of Winning Tickets plus the MyLotto24 Winning Bets for the relevant draw.
Example 1: There is one MyLotto24 Winning Bet in a Prize Category and two Winning Tickets announced by the Operator in that Prize Category in respect of a Prize Category Allocation of €15,000,000: the Prize Breakdown payable to each of the Winning Tickets would be a half share of the Jackpot, i.e., €7,500,000. However, the Prize payable in respect of that single MyLotto24 Winning Bet would be €5,000,000 (being an amount equal to the Prize Category Allocation in that Prize Category divided by the total number of Winning Tickets and the MyLotto24 Winning Bets).
Example 2: There is one MyLotto24 Winning Bet in a Prize Category and no Winning Tickets announced by the Operator in that Prize Category in respect of a Prize Category Allocation of €15,000,000: the Prize payable to the MyLotto24 Winning Bet would be €15,000,000.
The maximum Prize payable by MyLotto24 in respect of each MyLotto24 Winning Bet in any other Prize Categories in respect of each draw of the relevant Lottery will be the relevant Prize Allocation of a certain Prize Category divided by the maximum number of Winning Tickets and MyLotto24 Winning Bets.
MyLotto24 does not cover any special events that might be offered from the Operator from time to time. In such events MyLotto24 will only pay out the Winnings as calculated by MyLotto24 for such Prize Category, as it would have been paid by the Operator having not been such a special event.
18 Rights of MyLotto24
18.1 Non-payment of Winnings
18.1.1 Player may not claim any Winnings and their credit or payout from MyLotto24:
- in respect of any Bet placed after the relevant draw time;
- in respect of any Bet erroneously accepted by MyLotto24 after the cut-off time for the relevant MyLotto24 Product or in respect of a MyLotto24 Product that has already taken place at the time when the Bet is placed;
- if MyLotto24 becomes aware of an error in relation to a Bet or a Participation in a syndicate and is not able to contact Player to correct the error and confirm the Bet or the Participation in a syndicate before the relevant cut-off time;
- in respect of any Bet or Participation in a syndicate by Player who has provided false or misleading information as part of or in connection with his Player Account or otherwise in connection with the Web Site or the products and services available through it;
- in respect of any Bet or Participation in a syndicate by Player who MyLotto24 reasonably believes has been involved in any fraud-related activities in relation to the placing of the Bet, the operation of his Player Account or otherwise in connection with the Web Site or the products and services offered via it;
- where Player has - despite request by Lotto Network in accordance with Condition 9.2.4 - not submitted, and/or Lotto Network has not received, copies of Valid Identification Documents or other means of verification required by Lotto Network within the period of 90 days from the announcement of the Prizes; or
in respect of any Bet or Participation in a syndicate by Player who was, at the time of placing the Bet or participating in a syndicate:
- less than 18 years of age;
- a director or employee of Lotto Network or MyLotto24 or any MyLotto24 Group Company;
- physically located in the territory that MyLotto24 excludes at the time of registration, including, but not limited to, the United States of America; or
- in breach of any other material provision of these Terms.
In making any decision as to whether Prizes are to be paid out or credited in accordance with Condition 18.1, MyLotto24 shall be entitled to rely on information collected and provided to MyLotto24 by Lotto Network. MyLotto24 shall not be obliged to make its own enquiries.
The credit of Winnings by MyLotto24 to the Player Account administered by Lotto Network or the transfer of Winnings by Lotto Network to Player shall not entitle Player to any claim over any such Winnings which Player is legally not entitled to. MyLotto24 and Lotto Network may at any time reclaim Winnings transferred to Lotto Network and/or Player to the extent that Player has no right to - in particular with respect to such Winnings to which Player in not entitled in accordance with this Condition 18.1.
If any Bet or Participation in a syndicate is voided in accordance with Condition 18.1.1a), 18.1.1b) or 18.1.1c), MyLotto24 will offer Player the option of placing any such Bet on the next relevant draw or having the stake credited to Player's Player Account. If any Bet is otherwise voided by MyLotto24 in accordance with this Condition 18.1, the relevant stake associated with that Bet or purchase may - in MyLotto24's sole discretion - be forfeited (except where the stake was placed by a Player who is under 18 years of age) or returned to that person's Player Account.
18.2 Other rights
In addition, MyLotto24 reserves the right:
to not accept Bets placed by Players or syndicates for any reason whatsoever;
to set off against a Player's Winnings the amount of any unpaid stake owed by that Player;
to terminate, vary or suspend the provision of the Products or services offered on the Web Site with four weeks' prior notice if Lotto Network or MyLotto24 ceases to offer a Product or a service or Products or services for any other reason at MyLotto24's sole discretion; and
(but shall not be obliged) to require that the relevant Player provides a Valid Identification Document in order to enable MyLotto24 to satisfy itself as to the validity of Player Account details and the Player's entitlement to the Winnings in accordance with these Terms.
SECTION D - GENERAL TERMS
19 Legal admissibility of Internet gambling
Internet gambling may be illegal in some jurisdictions or its lawfulness may be in doubt. Each Player acknowledges and accepts that Lotto Network and MyLotto24 cannot and do not give any legal advice or assurances or make any representation of any kind in respect of the lawfulness of using their products and services in the jurisdiction where Players reside or are located.
The products and services provided by Lotto Network and MyLotto24 are intended exclusively for Players who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Web Site does not constitute an offer or invitation to participate in Games offered by MyLotto24 or syndicates or to use respective offers in any jurisdiction in which such activities are prohibited by law.
Neither Lotto Network nor MyLotto24 will be liable for any inadmissible or unauthorised use of the Web Site or their respective products and services.
If Player wishes to raise a complaint about the performance of activities licensed by the British Gambling Commission and/or receive a copy of Lotto Network's and/or MyLotto24's complaint procedure, the complaint or request should be addressed either per e-mail to Lotto Network or by telephone to the customer service number on the Web Site.
Should Lotto Network and/or MyLotto24 be unable to resolve the dispute arising out of Player's complaint or request, Player may refer it to a recognised professional independent dispute resolution service such as IBAS (www.ibas-uk.com).
21 Decisions of Lotto Network and MyLotto24
Subject to Condition 24.4, MyLotto24's and/or Lotto Network's decisions as to whether or not a MyLotto24 Winning Bet is valid or in respect of the payout or awarding of Prizes and any exercise by MyLotto24 and/or Lotto Network of any discretion under these Terms shall be final and binding upon all Players and any other person. Without prejudice to anything in Condition 22, where MyLotto24 and/or Lotto Network make a final decision or exercise any discretion referred to above, Lotto Network may, solely at its option, on behalf of itself and MyLotto24, reimburse the Betting Fees paid by Player for the relevant MyLotto24 Product or for the Participation in a syndicate or replace the disputed Bet with a Bet of equivalent value in respect of the next relevant draw. In the event of a dispute in respect of a Bet or the payout or awarding of any Prize, MyLotto24 and/or Lotto Network may withhold payout of the Prize and/or either of them may make an equivalent payment into court until any dispute has been resolved.
22 Liability of the LottoGiving Partner, Lotto Network and MyLotto24
22.1 General Liability
The LottoGiving Partner shall have no liability whatsoever to Players under or in connection with these Terms or the Web Site. Any claims which Players may have under or in connection with these Terms or the Web Site shall be against Lotto Network and/or MyLotto24.
MyLotto24 and Lotto Network shall only be liable as expressly provided in these Terms.
All representations, warranties, undertakings, covenants, agreements and obligations made, given or entered pursuant to these Terms by Lotto Network and MyLotto24 are made, given or entered into by each of Lotto Network and MyLotto24 severally, and the liability of each of Lotto Network and MyLotto24 in respect of any breach of any representation, warranty, undertaking, covenant, agreement or obligation shall extend only to any loss or damage arising from their personal breach.
Lotto Network's and MyLotto24's liability for damages to Player or any other person shall - regardless of the legal grounds - be excluded in particular in respect of:
- the refusal to sell a MyLotto24 Product to any person or to allow any person to purchase a MyLotto24 Product;
- money lost by placing losing or invalid Bets or invalid Participation in syndicates; or
- any losses caused arising from the misuse or unauthorised use of Login Credentials.
The provisions of this Condition 22 also apply where liability has arisen before conclusion of the agreements. This Condition 22 shall further survive the termination or expiry of these Terms.
22.2 Liability of Lotto Network
Lotto Network endeavours to ensure that the Web Site and the products and services available through it are available to Players as much as is reasonably possible, but Lotto Network cannot and does not guarantee that (i) the Web Site will be available at any specific time or for any specific period or (ii) the Web Site or its features and functionality are, or will be, compatible with, or available on, the device or system used by Player to access the Web Site. Lotto Network does not warrant that any alerts Player may choose to subscribe to (such as, for example, the 'Jackpot Alarm') will be provided in advance of the cut-off time for placing a Bet on the relevant draw or MyLotto24 Product and shall have no liability to Player if any such alerts are incorrect or delayed or are not sent to or not received by Player.
Lotto Network will endeavour to ensure that the statements and explanations displayed on the Web Site (in particular descriptions of the different Products, probability of winning, results and Prizes) are accurate. Although every effort is made to ensure the accuracy of this information, Lotto Network shall not be liable for any mistakes in respect of such information.
Lotto Network is not responsible for any promotional links or advertising banners of third-party advertisers appearing on the Web Site.
Lotto Network will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect Player's computer equipment, computer programs, data or other material due to Player's use of the Web Site or any website linked to it.
Lotto Network shall not be liable for any loss or damage that may arise from the insolvency of any other party, including (without limitation) MyLotto24 or any bank with which Lotto Network or MyLotto24 maintains accounts.
Lotto Network's sole liability - as an agent - with respect to the payout of Prizes is to pass on Prizes received by Lotto Network to Players, in accordance with these Terms. Lotto Network shall not be liable for neglecting payouts of Prizes due to incorrect, incomplete or invalid information provided by Player and required for the payout. Any separate liability of Lotto Network for Prizes or MyLotto24 Winning Bets is explicitly excluded.
If Player is a consumer residing in the European Union then Lotto Network is responsible for loss or damage Player suffers that is a foreseeable result of its breach of these Terms or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Lotto Network's breach or if it was contemplated by Player and Lotto Network at the time that these Terms became binding on Player and Lotto Network.
Notwithstanding Condition 22.2.7, Lotto Network's maximum liability to Player under these Terms (save in respect death or personal injury caused by Lotto Network's negligence; fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for Lotto Network to exclude or restrict its liability) will be limited to:
- where Lotto Network's liability relates to a MyLotto24 Product - the aggregate of the Betting Fees placed by Player on the MyLotto24 Product in respect of which Lotto Network's liability has arisen;
- where Lotto Network's liability relates to the misapplication of Betting Fees - the amount of money which has been misplaced by Lotto Network; and
- in respect of any other liability of Lotto Network - an aggregate of five thousand pounds sterling (£5,000).
22.3 Liability of MyLotto24
MyLotto24 shall not be liable for any loss or damage that may arise from the insolvency of any person, including (without limitation) Lotto Network and any bank with which MyLotto24 or Lotto Network maintains accounts.
MyLotto24's sole liability with respect to the payout of Prizes is to deliver them, in accordance with these Terms, to Lotto Network to pay out to winning Players. Payout of Prizes by MyLotto24 to Lotto Network shall discharge MyLotto24's obligations with respect to the payout of such Prizes. For the avoidance of doubt, MyLotto24 shall not be liable under any circumstances to pay out Prizes directly to Players. Further, MyLotto24 shall not be obliged to pay out Prizes unless Player is entitled to be paid out Prizes in accordance with these Terms.
If Player is a consumer residing in the European Union then MyLotto24 is responsible for loss or damage Player suffers that is a foreseeable result of its breach of these Terms or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of MyLotto24's breach or if it was contemplated by Player and MyLotto24at the time that these Terms became binding on Player and MyLotto24.
Notwithstanding Condition 22.3.3, MyLotto24's maximum liability to Player under these Terms (save in respect death or personal injury caused by MyLotto24's negligence; fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for MyLotto24to exclude or restrict its liability) will be limited to:
- where MyLotto24's liability relates to a MyLotto24 Product - the aggregate of the Betting Fees placed by Player on the MyLotto24 Product in respect of which MyLotto24's liability has arisen;
- where MyLotto24's liability relates to the misapplication of Betting Fees - the amount of money which has been misplaced by MyLotto24; and
- in respect of any other liability of MyLotto24- an aggregate of five thousand pounds sterling (£5,000).
MyLotto24 will endeavour to ensure that the statements and explanations provided by Lotto Network for display on the Web Site (in particular, descriptions of the different Products, probability of winning, results and Prizes) are accurate. Although every effort is made to ensure the accuracy of this information, MyLotto24 shall not be liable for any mistakes in respect of such information.
23 Events beyond the reasonable control of Lotto Network and/or MyLotto24
Without prejudice to any other provision of these Terms, neither Lotto Network nor MyLotto24 shall be liable to a Player or any person for:
any event beyond its reasonable control, including, without limitation:
- any act of God, actual or threatened war, or other threat or challenge to governmental authority, confiscation, nationalisation, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lockout, industrial action, fire, flood, drought or tempest;
- any power cut and/or failure or obstruction of any network, broadcasting or telecommunications service; and
- the failure of, or damage or destruction to, or any errors caused by any computer systems or records (including, without limitation, the Web Site), or any aspect of such computer systems or records (including as a result of any distributed denial-of-service attach, virus or other harmful material)
- any other action or event beyond its reasonable control that prevents or hinders the placement or issue of a valid Bet or a Participation in a syndicate;
delays, losses, errors or omissions in or made by the postal or other delivery service or the banking system; or
the failure or malfunction of the equipment or technology of the relevant Player or his Internet service provider or Credit Card provider.
24 Applicable law
All transactions whether contractual or otherwise between Players and Lotto Network and/or MyLotto24 shall be deemed to be concluded and take place in England, United Kingdom. Each Bet is placed and received in England and each Participation in a syndicate takes place in England.
These Terms, particularly the relationship between Player and Lotto Network and the relationship between Player and MyLotto24, shall be governed by and construed in accordance with the laws of England and Wales.
If Player is a consumer residing in the European Union, Player will benefit from any mandatory provisions of the law of the member state in which Player is resident. Nothing in these Terms, including Condition 24.2, affects Player's rights as a European consumer to rely on mandatory provisions of the member state in which Player is resident.
Player may bring proceedings in respect of any dispute arising in connection with these Terms, particularly the relationship between Player and Lotto Network and the relationship between Player and MyLotto24, in either the courts of England and Wales or the courts of the European Union member state in which Player is resident.
If any provision of these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired. If any provision of these Terms is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
Please note that all notices for Lotto Network under these Terms are to be sent by e-mail to Customer Service. Notices to Player will be sent to the e-mail address specified in the Player's Player Account.
Lotto Network and MyLotto24 may, but Players may not, assign any rights and/or transfer, sub-contract or delegate any of their respective obligations under these Terms, and/or charge or deal in any other manner with any contract created under these Terms or any of Lotto Network's, or MyLotto24's rights or obligations. For the avoidance of doubt, Lotto Network and MyLotto24 may transfer and assign any contract between Lotto Network and/or MyLotto24 and a Player to any third party (including an affiliated company of Lotto Network and/or MyLotto24) in conjunction with the transfer of all or part of the business and assets of Lotto Network and/or MyLotto24. Lotto Network and/or MyLotto24 will inform the Players of any transfer and assignment of a contract, whether in full or in part, on the Web Site. Such information will include the assignee. By their next visit to the Web Site, Players accept and agree to the transfer and assignment. No assignment, transfer, sub-contracting or delegation by either Lotto Network's or MyLotto24's respective rights and/or obligations pursuant to this Condition 25.3 will affect Player's rights or obligations under these Terms.
Any purported assignment, transfer, subcontracting, delegation, charging or dealing in contravention of these Terms by Player shall be ineffective. These Terms are personal to the Player and are entered into by Player for his own benefit and not for the benefit of any third party.
Any omission to exercise, or delay in exercising, any right or remedy under these Terms shall not constitute a waiver of that, or any other, right or remedy. The waiver of any rights or remedies arising under these Terms or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
The rights, powers, privileges and remedies conferred in these Terms are cumulative and are not exclusive of any other mandatory rights, powers, privileges or remedies provided by law.