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Terms and Conditions
TO PROTECT YOUR OWN INTEREST, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF THE SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE. IF YOU ARE IN ANY DOUBT AS TO THE MEANING OF THE TERMS AND CONDITIONS, PLEASE SEND AN EMAIL TO info [at] LoveLotto [dot] com.
1. Definitions
  - "Close-Off Time" means the time at which the Company stops taking entries on the day of any particular draw. There relevant Close-Off Time for each draw will be found on the Website;
  - "Company" means Sapphire Curacao Limited, a corporation organized and existing under the laws of The Netherland Antilles, with its head office located at Vincenti Buildings, 14/19 (Suite 887) Strait Street, Valletta, VLT1432, Malta (hereinafter "the Company");
  - "Company Policies" means the Company's policies as outlined on the Website;
  - "Customer" means any person who registers on the Website in accordance with Paragraph 5.1 hereunder, and/or participates in any of the activities offered by the Website, and/or uses the information published on the Website;
  - "Customer's Account" means a virtual account in the Customer's name which is opened on the Website;
  - "Customer's Bank Account" means the Customer's bank account details as entered during or during the registration process of a Customer with the Website in accordance with Paragraph 5.1 hereunder;
  - "Identification Details" means the Customer's user name, a password, and personal e-mail address;
  - "Official Form" means the participation form in the actual Official Lottery draw that will be purchased by the Company in accordance with Paragraph 8.10 hereunder, following purchase by the Customer of a Participation Form through the Website;
  - "Official Lottery" means UK National Lottery, "Euro Millions" Lottery and/or any other lotteries that may be included on the Website from time to time;
  - "Official Results" means the results of the Official Lotteries;
  - "Official Rules" means the rules of the Official Lotteries;
  - "Participation Form" means a form completed by the Customer in accordance with the Official Rules and the Participation Rules, which is purchased through the Website, and entitling the Customer to participate in one or more of the Official Lottery draws;
  - "Participation Rules" means the method of participation in one of the Official Lotteries through the Website, as described on the Website;
  - "Payment Details" means all the details pertaining to the Customer's chosen payment method;
  - "Privacy Policy" means the Company's privacy policy as outlined on the Website;
  - "Website" means www.LoveLotto.com;
  - "Winnings" means any prizes won by a Customer in an Official Lottery draw, following the purchase of a Participation Form through the Website.
2. General
  1. This Website is designed to enable any person with access to the Internet to participate in an Official Lottery. Subject to the stipulations of these Terms of Use, participation in the Official Lottery draws via this Website is possible without any geographical limitation.
  2. The Website also offers a number of accompanying services, including management of a Customer's account, collection of Winnings and transfer of Winnings to the Customer, as well as the publication of information on the Official Lottery draws.
  3. The Customer agrees to be bound by the Terms of Use as amended from time to time, and undertakes to act accordingly.
  4. The Privacy Policy, the Company Policies and the Participation Rules, as amended from time to time, form an integral part of these Terms of Use, and any reference to the "Terms of Use" shall include a reference to the Privacy Policy, other Company Policies and the Participation Rules.
  5. The Company is entitled to amend the Terms of Use at any time and to do so according to its absolute and exclusive discretion. Therefore, the Customer is required to review the Terms of Use prior to the purchase of each Participation Form, and each and every time prior to performing any activity on the Website. The Customer will not be able to purchase a Participation Form unless he has agreed to the Terms of Use.
  6. The Terms of Use, as updated or amended from time to time by the Company, constitute the entire understanding by and between the Company and the Customer. Any presentation, promise, undertaking or consent, whether verbal or in writing, which does not comply with the Terms of Use, is null and void.
3. Company Rights
  1. The Company may, in its own discretion, block a Customer from the Website if such Customer is in breach of any of these Terms of Use, and in such event, any Winnings due to the Customer may be forfeited.
4. Customer Responsibilities
  1. A Customer may not engage in any of the activities offered on the Website if he is under the age of eighteen (18) on the date of participation.
  2. It is the Customer's responsibility to ensure that correct instructions are given to the Company in order to make a purchase of the Participation Form. The Company shall not be held liable for any errors that the Customer may have committed.
  3. The Website is for the Customer's personal and non-commercial use. The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to the Company or its suppliers and providers. Accordingly, the Customer shall not use this Website or its contents or information for any commercial or non-personal purpose, direct or indirect. While the Customer may make limited copies of the documents relating to any Participation Form purchased through this Website, he shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website.
  4. The Customer further agrees not to:
    
    access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of the Company;
    
    violate the restrictions in any exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
    
    take any action that imposes, or may impose, in the opinion of the Company, an unreasonable or disproportionately large load on the Website infrastructure; or
    
    deep-link to any portion of the Website (including, without limitation, the purchase path for any services) for any purpose without express written permission of the Company.
  5. The purchase of the Participation Form is subject to rules and regulations governing online transactions and fraud-prevention. In the event of any fraudulent activity on the Customer's end, the result of which has affected the purchase of a Participation Form, the Official Form purchased on your behalf shall become the property of the Company and any Winnings resulting therefrom will remain the sole property of the Company.
  6. The Customer warrants that it will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. If the Customer resides or is present in any jurisdiction that prohibits participation in any activity offered on the Website, he must not participate in the prohibited activity. In the event of an illegal participation, no amount of the purchase price for the Participation Form will be refunded, and any Winnings resulting therefrom will remain the sole property of the Company.
5. Website Registration
  1. A Customer is obliged to register on the Website, as specified in this paragraph, prior to participation in any activity proposed by this Website. In order to complete the registration process, a Customer must choose and enter his Identification and Payment Details and any other details requested by the Company on the registration page of the Website.
  2. The Customer has the sole responsibility for keeping his Identification and Payment Details confidential. The Company shall not be liable in any manner whatsoever, for any unauthorized use of the Customer's Identification Payment Details by any third parties, unless such unauthorized use has occurred to gross negligence on the part of the Company.
  3. In the event that a Customer requesting to participate in one or more of the activities available on the Website chooses to do so by logging in to the Website, he will be required to enter his Identification Details. The Website's operating system will compare the Identification Details entered by the Customer with the Identification Details held by the Company, and only in the event of complete identification will the Customer be allowed to participate in any activity available on the Website.
6. Customer Account
  1. A Customer Account will be opened for each Customer which chooses to undergo the registration process in accordance with Paragraph 5.1 above, and access to such Customer Account will only be possible after submission of the full Identification Details.
  2. The Customer will be able to perform various activities through his Customer Account, including updating of his Identification and Payment Details, ordering e-mail alerts, and viewing all his transactions and any Winnings.
7. Paid Participation in the Official Lotteries
  1. A Customer can participate through the Website in any of the Official Lottery draws subject to the provisions of these Terms of Use.
  2. In order to participate in any of the Official Lotteries, the Customer must complete and purchase a Participation Form which can be found on the ‘PLAY' page of the Website.
  3. The Company cannot purchase entries for the draw after the Close-Off Time. The Website automatically changes over to the next available draw date at the Close-Off Time.
  4. Participation in any of the Official Lotteries is subject to, and will be in accordance with, both the Participation Rules and the Official Rules. Without prejudice to the generality of the aforementioned, the prizes and the number of the winning numbers that must be guessed in order to win one of the prizes, as well as the method of payment of any Winnings, are also set according to the Official Rules.
8. Purchase of Participation Form
  1. The purchase price for one (1) Participation Form corresponds to a participation of ninety per cent (90%) of the face value of the Official Form, together with costs incurred by the Company in offering the Website and the activities offered therein. The Company retains a ten per cent (10%) investment in all Participation Forms purchased through the Website.
  2. Payment for the purchase of a Participation Form must always be remitted to the Company. All major credit cards as well Money Bookers deposits (www.moneybookers.com) are accepted. If the Customer wishes to make payment using another payment method he must send an email to support@LoveLotto.com.
  3. Once payment for the Participation Form is made, despatch of a ‘confirmation of entry' will be sent to the Customer immediately by e-mail. Only a Participation Form that is completed pursuant to these Terms of Use and for which payment has been settled in full, will be entitled to receive a confirmation of entry.
  4. Once payment for the Participation Form is made, the purchase is final and cannot be cancelled or refunded.
  5. A Customer who has not received a confirmation of entry for any reason whatsoever - including, but without prejudice to the generality of this Paragraph, a malfunctioning in the Website's operating system, a technical failure, human error or external forces, will not be considered to have made a valid purchase of the Participation Form; hence no payment will be debited for that Participation Form, and the Customer will not be entitled to any rights relating to participation and an Official Lottery draw.
  6. It is the Customer's responsibility to ensure that his orders are placed before the Cut-Off Time. The Company shall not be held liable if a Customer's order was received too late for a draw and that Customer had a winning combination in that draw.
  7. The Company shall be entitled to cancel, retroactively, a valid Participation Form, even after a confirmation of entry was given for it, if the Company discovers that the payment in respect if that Participation Form has not been fully settled, or if the Customer acts in breach of any of the Terms of Use. In such an event, the Participation Form will be considered as if it has been invalid from the start.
  8. The Customer has an absolute obligation and responsibility to preserve the confirmation of entry given to him by the Company, and to divulge it to the Company upon its request. The Company reserves the right to reject all claims concerning any Winnings, should the claimant not be able to provide a valid confirmation of entry.
  9. The Customer has an absolute obligation and responsibility to preserve the confirmation of entry given to him by the Company, and to divulge it to the Company upon its request. The Company reserves the right to reject all claims concerning any Winnings, should the claimant not be able to provide a valid confirmation of entry.
  10. Each valid Participation Form will represent a purchase, on behalf of the Customer, of an Official Form in the Official Lottery draw chosen by the Customer, in which exactly the same numbers that have been marked in the valid Participation Form will be marked.
  11. The relative Official Results will be published on the Website as soon as possible after an Official Lottery draw.
  12. In the event that any Official Form has made a win in an Official Lottery draw, then, the Customer who had purchased the Participation Form representing the winning Official Form, will be entitled to receive, through the Company, the Winnings made at the Official Lottery from the operator of that Official Lottery, subject to these Terms of Use.
  13. The Company will notify the winning Customer of his win by sending a notice to the e-mail address that was detailed by the Customer when purchasing the Participation Form or when registering with the Website in accordance with Paragraph 5.1. In the latter case, the win will also be noted in the relevant Customer's Account.
9. Winnings
  1. The Company shall manage the collection of all winnings. The payment of all Winnings collected by the Company on behalf of the Customer shall be made in the manner best deemed fit by the Company, taking into consideration, amongst other things, the method of payment used by the operator of the Official Lottery draw.
  2. As a general rule, and subject to Clause 9.3, hereunder, any Winnings will be paid directly into the Customer's Bank Account within ten (10) working days of receipt by the Company of the Winnings from the operator of the Official Lottery.
  3. The Company reserves the right to make payments of Winnings which amount to more than one hundred thousand British pounds (£100,000) or equivalent, on an annuity basis over a reasonable period of time as determined by the Company.
  4. The Winnings will be paid in British Pounds or Euro, according to the preference of the Customer, subject to currency exchange risks being the Customer's sole responsibility.
  5. The Customer will be solely responsible for the payment of the taxes that will apply, if at all, on the Winnings; however the Company will be entitled, but not obliged, to deduct from the Winnings, any tax that may apply to the Winnings concerning which a withholding tax obligation applies.
  6. Prior to payment of the Winnings by the Company to the Customer, the following amounts will be deducted: any interest that may have accrued thereon, the relevant taxes which may be paid out by the Company in accordance with Paragraph 9.5 above, bank charges and the ten per cent (10%) participation entitlement representing the Company's share in the purchase price of the Official Form.
10. Copyright and Trademark Notices
  1. All intellectual property rights in the Website, including the 'LoveLotto.com' domain, the LoveLotto logo, Website content, Website design and software therein, are property of the Company. Other product and company names mentioned in the Website may be the trademarks of their respective owners, which the Company is licensed or otherwise authorized to use.
11. Liability Disclaimer
  1. The Company shall not be held liable for any lost or delayed transactions caused by a computer or communications fault of any nature that may occur at any stage of the transaction.
  2. The information and activities offered on the Website may include inaccuracies or typographical errors. In particular, the Company and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies due to human error in good faith, relating to the information and description of the activities, services and products displayed on the Website (including, but without limitation to, product or service descriptions).
  3. The Company and its affiliates, and/or their respective suppliers make no representations about the suitability of the information contained on the Website for any purpose. All information and activities offered on the Website are provided "as is" without warranty of any kind. The Company, its affiliates, and/or their respective suppliers hereby disclaim all warranties and conditions with regard to the information and the activities offered on the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
  4. In no event shall the Company, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if the Company its affiliates, and/or their respective suppliers have been advised of the possibility of damages.
  5. Without prejudice to the aforesaid, the Company's maximum liability to the Customer, whether in tort, contract, negligence or otherwise arising out of or in connection with the Website shall, in aggregate, be the sum that the Customer you has paid to the Company for that particular transaction giving rise to the cause of action.
  6. The Company shall have no liability for any failure or delay in delivering orders made by the Company that is caused by any event or circumstance beyond the Company's reasonable control.
  7. The responsibility of the Company for the payment of any Winnings in any Official Lottery draw will only arise and will be limited to the sum that the Company will receive from the operator of the Official Lottery draw, less any amounts deductable in accordance with Paragraph 9.6. In any event, the Company will not be liable if it fails, in spite of its reasonable efforts, to collect the Winnings from an operator of an Official Lottery for any reason whatsoever.
12. Force Majeure
  1. Neither party shall be liable to the other for any delay or failure to perform its obligations under these Terms of Use if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.
13. Links to third-party sites
  1. The Website may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for reference only. The Company does not control such websites and is not responsible for their contents or the Customer's use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14. Indemnification
  1. The Customer agrees to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal, judicial and accounting fees, brought by third parties as a result of the Customer's:
    
    breach of these Terms of Use;
    
    violation of any law or the rights of a third party; or
    
    use of this Website.
15. Miscellaneous
  1. This Terms of Use are governed by the laws of Curacao. The Customer hereby consents to the exclusive jurisdiction and venue of courts in Curacao in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
  2. The Customer agrees that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this Website.
  3. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
  4. Any rights not expressly granted herein are reserved.
  5. The Company, the Website and its associated brands are neither associated with the National Lottery nor endorsed by Camelot Plc or the National Lottery Commission nor any of the companies that operate the lotteries on offer.