Terms and Conditions for Players
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Terms and Conditions for Players
You should print a copy of these Player Terms and Conditions for future reference.
In these Player Terms and Conditions, the following words shall have the following meanings:-
- “Contract” shall have the meaning set out in clause 3.1;
- “Deadline” shall mean one and a half hours before the closing time for the purchase of a lottery ticket for the next relevant Draw;
- “Draws” shall mean the draws on the lotteries known as “Lotto”, “EuroMillions”, “SuperEnalotto” and such other lotteries as detailed on our website as chosen by you as part of your Membership;
- “Fee” shall have the meaning set out in clause 6.1;
- “Game Rules” shall mean the rules for each of the Draws as set out in our website;
- “Membership” shall have the meaning set out above;
- “Membership Confirmation” shall have the meaning set out in clause 3.1;
- “New Numbers” shall have the meaning set out in clause 3.2;
- “Notice Period” shall have the meaning set out in clause 5.1;
- “Original Numbers” shall have the meaning set out in clause 3.2;
- “Player Account” shall have the meaning set out in clause 7.6;
- “Prize” shall have the meaning set out in clause 7.1;
- "Player Terms and Conditions” shall have the meaning set out above;
- “we; or "us"; or "our” shall have the meaning set out in clause 1.1;
- “Winnings” shall have the meaning set out in clause 7.1;
- "Your Syndicate Entry” shall have the meaning set out in clause 3.2;
1. INFORMATION ABOUT US
1.1 bigfatlottos.com is a betting service based on the outcome of certain lotteries and is operated by Annexio Limited. Annexio Limited is registered in the Isle of Man under company number 124709C and with registered office at St Georges Chambers, 1 Athol Street, Douglas, Isle of Man, IM1 1LD, British Isles (“we” or “us” or “our”).
1.2 Big Fat Lottos is a trading name of Annexio Limited. We are licensed and regulated by the Isle of Man Gambling Supervision Commission, which can be contacted by email at email@example.com. These Player Terms and Conditions and your Contract with us is governed by the laws of the Isle of Man. Online gambling debts are enforceable in the Isle of Man.
2. YOUR STATUS
2.1 By applying for Membership through our website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old. In this regard, you should note that under age gambling is an offence in the United Kingdom and may be in other jurisdictions also;
- you are not a resident of the United States of America or located at the time of placing your bet in any country in which you are not permitted to participate in remote betting/gaming of the nature contemplated by our website;
- you do not make a living out of gambling, gaming, or betting;
- you understand that you may lose money as a consequence of the bets you place with us.
2.2 We reserve the right to ask for proof of age from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of age.
2.3 We also reserve the right to request proof of identity and residence from you and any application for Membership may be suspended until we are in receipt of satisfactory proof of residence and identity as we may require. It is your responsibility to ensure that you comply completely with your own local, national or state laws. We will not be liable for any breach by you of any such laws.
2.4 You hereby consent to us carrying out such age verification, identity or other checks on you as we may require.
2.5 You are not allowed to hold more than one Membership at a time.
2.6 You are betting on matching the payout of certain lottery jackpots and therefore Winnings (if any) are determined by the results of such.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.2 Together with the Membership Confirmation we shall send to you by e-mail a Membership number (which should be quoted by you on all correspondence) and details of the defined set of numbers chosen by you from the selection of numbers provided by us on our website (the “Original Numbers”). The Original Numbers entered into Draws will be referred to as “Your Syndicate Entry”. From time to time, at our sole discretion, it may be necessary to withdraw defined sets of numbers for the Draws and in such event we shall notify you in writing of other defined sets of numbers which could replace the Original Numbers (or any other numbers used for the Draws during your Membership), which shall be entered into each Draw by us from the date of such notification (the “New Numbers”). You may change the New Numbers using the facility on our website or you may cancel your Membership should you prefer not to replace the Original Numbers. New Numbers once allocated to or chosen by you shall be deemed to be your Original Numbers for the purposes of these Player Terms and Conditions and shall thereafter be Your Syndicate Entry. The fixed percentage payout for Draws may alter from time to time but written notice of such change will be provided to you no later than 28 days prior to the change.
3.3 Your Membership is to a betting service and you are betting on the outcome of certain lotteries. We are not a lottery.
3.4 We reserve the right to accept or decline any application for Membership for any reason whatsoever.
3.5 You are eligible for the relevant Draw on the day of dispatch by us to you of your Membership Confirmation provided that:-
- the Membership Confirmation is dispatched by us to you before 18.00 BST (GMT + 1); or,
- one and a half hours before the closing time for the relevant Draw,
whichever is the earlier,
failing which you will be eligible for the relevant Draw thereafter. In the event of any dispute regarding when the Membership Confirmation was dispatched by us, the decision based on our records regarding such dispatch shall be final and binding.
4. OUR STATUS
4.1 We act as the operator of a betting service in relation to the Draws. We do not purchase lottery tickets in your name or on your behalf. Your Membership does not entitle you to any interest in any lottery tickets purchased by us.
4.2 We do not sell lottery tickets and do not operate a lottery. We operate a betting service. You and our other players are placing bets on the outcome of certain lotteries. A pay-table for all prizes for each bet will be as set out on our website. We are not connected to or affiliated with or approved by Camelot Group plc or the National Lottery Commission or any other body or organisation related to the National Lottery or any other lottery.
4.3 We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information (including any personal data) related to that transaction to the third party seller.
4.4 We provide our services at our own discretion and can change or amend the service at any time without prior notice.
5. YOUR RIGHTS
5.1 You may cancel your Membership at any time by giving us not less than seven days’ notice (“Notice Period”) using the facility on our website. Notwithstanding the terms of clause 13, the Notice Period shall be deemed to start on the day that we receive the said notice to terminate your Membership.
5.2 After the Notice Period has expired we will accept no further Fees from you. After the Notice Period has expired you will not be entitled to participate in Draws other than the Draws that you have paid Fees in relation to and that you placed bets on prior to the expiration of the Notice Period.
5.3 This clause 5 does not affect your statutory rights.
6. PRICE AND PAYMENT
6.1 You shall pay to us the weekly fee set out on the Membership application, monthly, weekly or biweekly as appropriate and in advance (the “Fee”).
6.2 The Fee shall be paid to us by you in cleared funds.
6.3 The Fee is liable to change at any time, but written notice of such changes will be provided to you no later than 14 days prior to such change.
6.4 Despite our best efforts, fees (including the Fee) listed on our website may be incorrect. We will normally verify prices as part of our application for Membership procedures however, where a fee is less than our stated fee, the terms of clause 6.5 below will apply. If a fee is higher than the fee (including the Fee) stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Membership Confirmation, or reject your application and notify you of such rejection.
6.5 We are under no obligation to provide Membership to you at the incorrect (lower) fee, even after we have sent you a Membership Confirmation, if the error is obvious and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for the Fee must be by credit or debit card, MoneyBookers, international money order, bankers draft or UK bank or building society cheque. We may accept other payment methods from time to time at our sole discretion in line with local regulation.
6.7 You can only spend a maximum of £1,500 in any 28 day period.
6.8 If payment of the Fee is not made on the due date for any reason whatsoever (including but not limited to credit card or debit payment card failure), without limiting any other rights we may have, we shall be entitled to immediately suspend and or terminate your Membership. If your Membership is suspended and/or terminated by us from the date of such suspension or termination (whichever is the earlier) you will not be entitled to any monies generated by any relevant Draws.
6.9 Notice of suspension and/or termination, as referred to in clause 6.8, shall be provided by us to you in accordance with clause 13.
6.10 You hereby acknowledge and agree that the Fee represents a charge made by us in relation to the provision by us of a betting service and not for the purchase of lottery tickets.
6.11 You can only withdraw funds from your Player Account that are Winnings. Funds deposited into a Player Account can only be used to place bets with us on Draws. You cannot withdraw money deposited to your Player Account from your credit card/bank account other than by closing your Player Account in accordance with these Player Terms and Conditions.
7. PAYMENT OF WINNINGS
7.1 The money won in a Draw by Your Syndicate Entry is the “Prize”. Subject to you complying with these Player Terms and Conditions, you shall be entitled to a fixed percentage of the Prize. The fixed percentage of the Prize due to you shall be your "Winnings" as set out in the Game Rules for the relevant Draw. We shall only be obliged to pay Winnings to you if you have paid all Fees due to us due as at the date of the Draw relating to the relevant Winnings.
7.2 Subject to clause 7.3 and clause 7.2, we shall credit your Player Account with your Winnings (without any interest) within five days of receipt by us of the Prize from the relevant operator of the relevant Draw. We shall not be liable for any delay of the payment to us of such Prize, howsoever caused. To enable us to comply with anti-money laundering legislation we may require information from you before your Winnings can be paid to you. We are entitled to refuse to pay any Winnings until we are in receipt of all information we require for anti-money laundering and/or prevention of terrorist funding purposes.
7.3 In the event that the operator of the lottery Draw from time to time requires the repayment of any monies paid by it to us in relation to the Prize, you hereby undertake to pay to us a sum equal to your Winnings within 14 days of a written request from us. You agree to fully indemnify us against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause 7.3.
7.4 If a lottery makes multiple Draws on the same date then unless otherwise specified by us your bet will apply to the main Draw to take place on that date. In the event there is no Draw on that date, your bet will apply to the first Draw by the relevant lottery thereafter. If a Draw does not take place in relation to the relevant lottery, your bet will stand for the relevant rescheduled Draw for the relevant lottery, or if there is no re-scheduled Draw, the next available Draw relating to the relevant lottery.
7.5 All Winnings are paid in pounds Sterling unless we advise otherwise. Where Prizes are denoted by a lottery in another currency, we will convert your Winnings into pounds Sterling using the exchange rate provided by our bank on the date determined by us.
7.6 Winnings due to you will be credited to the account you hold with us (the “Player Account”). Before paying your Winnings into your Player Account we will be entitled to require such reasonable information to verify your identity and residence as may be required to meet relevant anti money laundering and the prevention of terrorist funding legislation.
7.7 Any sums held in your Player Account are held by us for you in a player funds account on the Isle of Man. However we are not a bank and no interest shall be paid on any sums in your Player Account.
7.8 Withdrawals to credit cards may only be made to credit cards used to pay for Fees deposited into the Player Account.
7.9 You may claim your Winnings by withdrawing monies from your Player Account subject to a minimum £10 withdrawal at any time.
7.10 You shall immediately inform us in the event that any Winnings paid to you in error and forthwith return such to us.
7.11 Should your Player Account be inactive for a period of 12 months we reserve the right to close your Player Account. In this event, any funds held in your Player Account will belong to us when the Player Account is closed. You will be given notice via e-mail prior to your Player Account being closed.
8. NON-PAYMENT OF WINNINGS
8.1 We may void and shall be entitled not to pay any Winnings in respect of any bet:
- placed after the Deadline;
- that is erroneously accepted on our website after the Deadline for the relevant Draw in respect of a Draw that has already taken place at the time when the bet is placed;
- if we become aware of an error in relation to that bet or Draw and we are not able to contact you to correct the error or confirm the bet before the Deadline for the relevant draw;
- placed by a player who has provided false or misleading information as part of or in connection with his/her player account or otherwise in connection with our website or the services available through it;
- placed by a player who has been involved in any fraud-related activities in relation to the placing of the bet, the operation of their player account or otherwise in connection with our website or the services offered via it; or
- placed by a player who was, at the time of placing the bet:
- less than 18 years old;
- a US resident or located in any country in which they are not permitted to participate in remote betting/gaming of the nature contemplated by our website; or
- in breach of any other material provision of these Player Terms and Conditions.
8.2 If any bet is voided in accordance with clauses 8.1 (a), (b) or (c), we will offer the relevant player the option of placing any such bet on the next relevant Draw or crediting his/her player account with the sum of money representing such voided bet (“Stake”). If any bet is otherwise voided by us in accordance with this clause 8, the relevant Stake shall be forfeited to us. In the event that a Stake is placed by someone under 18 years old, we shall be entitled to retain that Stake or return the Stake to the legal guardian of such person as we will in our discretion decide and as we may decide is in accordance with local law.
9.1 We will use reasonable endeavours to avoid any error in the odds provided by us in relation to bets and any other information published on our website, the acceptance of bets, registration or other action in respect of Player Accounts, notification of Prizes and Winnings or otherwise in respect of the operation of bets, Player Accounts and our website, and reserve the right to correct any errors, but beyond this no warranty is given.
9.2 Where we become aware of an error affecting you in relation to a bet or Draw prior to the relevant Deadline for such Draw, we will use reasonable endeavours to inform you of the error and to offer you the choice of keeping the bet at the correct odds (where applicable) or confirming or voiding the bet. In the event that we cannot contact you the terms of clause 8.1 (c) shall apply.
9.3 You shall immediately notify us if any funds are credited to your Player Account in error. Should such a mis-credit occur, the funds in question shall not be withdrawn or otherwise used by you, and we reserve the right to withdraw or recover these funds.
10. OUR LIABILITY
10.1 We will endeavour to provide the services relating to your Membership using reasonable care and skill. Subject to clause 10.4, we make no further warranty or representation, whether express or implied in relation to the services relating to your Membership and the services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
10.2 We use reasonable endeavours to avoid any error in the odds provided but beyond this no warranty is given. We reserve the right to correct errors on our website or in relation to the odds at any time.
10.3 We make no warranty that the services provided by us in relation to your Membership will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the generation of your Original Numbers, New Numbers or otherwise we will not be liable to you as a result of any such errors and we reserve the right to withhold the payment to you of any Winnings in such circumstances.
10.4 Nothing in these Player Terms and Conditions shall exclude or limit any person’s liability
- for fraud;
- for death or personal injury caused by its negligence;
- which it is not lawfully permitted to exclude or limit.
10.5 You acknowledge and agree that in accepting these Player Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Player Terms and Conditions) unless expressly set out in these Player Terms and Conditions.
10.6 Our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with your Membership and the services provided by us to you is strictly limited to the aggregate total of the Fees paid by you to us in the 12 month period immediately preceding the event upon which such liability arose.
10.7 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time.
10.8 We accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.9 This clause 10 does not affect your statutory rights.
10.10 Any complaints should be sent to our Support Team at: firstname.lastname@example.org.
11.1 We may terminate, vary or suspend your Membership immediately and without prior notice:
- if you breach these Player Terms and Conditions;
- if at our sole discretion, we consider that your conduct compromises our position in any manner;
- if we cease to offer the services relating to your Membership and/or services advertised on our website;
- for any other reason at our sole discretion.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail, SMS text messaging or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Annexio Limited by e-mail at: email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when applying for Membership, or in any of the ways specified in clause 12. Other than as noted in clause 5, notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or a text message is sent, or three days after the date of posting of any letter. In the event that you terminate your Membership in accordance with the terms of clause 5, the Notice Period will be deemed to commence on the day that we receive your notice to terminate your Membership notwithstanding the terms of this clause 13. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee or in the case of a text message that such message was sent to the specified mobile telephone number of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, novate, assign, charge or otherwise dispose of the Contract or these Player Terms and Conditions, or any of your rights or obligations arising under the Contract or these Player Terms and Conditions, without our prior written consent.
14.3 We may transfer, novate, assign, charge, sub-contract or otherwise dispose of the Contract or these Player Terms and Conditions, or any of our rights or obligations arising under it, at any time.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- The postponement or cancellation of any Draw;
- Impossibility of the use of public or private telecommunications networks;
- Delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
- The acts, decrees, legislation, regulations or restrictions of any government;
- Failure of any telecommunications system.
15.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 We reserve the right to publicise and promote details of winners including but not limited to the sum of Winnings. We publish on our website the name and geographical location by country of all winners and a condition of your Membership is that you agree to us including your details (including personal data) on our website if you are a winner.
16.2 All media enquiries regarding us received by you must be referred to us immediately. You agree to fully indemnify us against all claims, losses, costs and expenses (including legal fees) arising out of any breach by you of the provision of this clause 16.
17.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Player Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these Player Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these Player Terms and Conditions or any provisions of the Contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.2 We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Player Terms and Conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently).
20. OUR RIGHT TO VARY THESE PLAYER TERMS AND CONDITIONS
20.1 We have the right to revise and amend these Player Terms and Conditions from time to time.
20.2 Changes to these Player Terms and Conditions will be notified to you by a prominent notice on our website. Your Membership will be governed by the amended terms as soon as the amendments are notified on our website. If you are not happy with any amendments to these Player Terms and Conditions you can terminate your Membership on giving us five days’ written notice. It remains your responsibility to check these Player Terms and Conditions periodically to ensure that they meet with your approval. If you continue with your Membership, your continuation will be confirmation of your acceptance of the amended Player Terms and Conditions.
20.3 The terms of clauses 2.1; 4.1; 4.2; 5.2; 6.4; 6.8; 6.10; 6.11; 7.3; 7.11; 8; 9; 10; 12; 13; 14; 15; 16.2; 17; 18; 19; 20.3; 21; 22; 23; 24 shall extend post termination of these Player Terms and Conditions.
21. THIRD PARTY RIGHTS
Unless otherwise expressly stated within the Contract, nothing within these Player Terms and Conditions shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 2001 or otherwise in favour of any person other than you and us.
22. NO PARTNERSHIP OR AGENCY
Nothing in these Player Terms and Conditions is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
In these Player Terms and Conditions, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation.
24. LAW AND JURISDICTION
24.1 Contracts for Membership through our website will be governed by Isle of Man law. Any dispute arising from, or related to, such Contracts and these Player Terms and Conditions shall be subject to Isle of Man law and the parties submit to the exclusive jurisdiction of the courts of the Isle of Man.
24.2 The services provided by us are intended exclusively for players who are not prohibited by the laws of any applicable jurisdiction from gambling on the internet.
24.3 We will not be liable for any illegal or unauthorised use of our website or its respective services.
If, at any stage, you become concerned about your gambling behaviour you can request one of the following:
25.1 Total closure of your Player Account.
25.2 A six-month self-exclusion period. During this period we will block your Player Account. Any new accounts you may attempt to open during the exclusion period will also be blocked. In addition we will take all reasonable measures to ensure you do not receive any promotional material during this time.