- General
- Subordination to the Terms of Use and the binding thereof
- Who is entitled to Participate
- Site Registration
- Participant Account
- Confidentiality
- Paid Participation in Official Lottery Draws
- The Price
- The Currency
- Subscribers Service
- The information
- Reservations concerning the Responsibility of the Company and of the Site
- Intellectual Property
- Disputes and conflicts
- General
-
This unique and innovative Site is designated
to enable Internet surfers to participate at
any of the major US official lottery draws according
to a list which is updated at the Site from
time to time. Subject to the stipulations of
this Terms of Use, the participation at the
official lottery draws via this Site is possible
without any geographical limitation, i.e. -
each surfer, at any territory whatsoever, can
participate at any of the official lottery draws,
that take place at different territories.
-
In addition, the Site proposes a compilation
of accompanying services, including, inter alia,
management of a participant account, examination
of the participation forms, collection of prize
moneys and transferring them to the winner,
as well as publishing various and immediate
information on all the official lotto draws
concerning which the Site's services are granted.
-
The Site is owned by MAXXO Ltd., a company
which is registered in U.K. (hereafter - "the
Company").
- Subordination to the Terms of Use and the binding thereof
-
Anyone registered at the Site, in accordance
with the procedure specified hereafter, or participating
in one of the Site's proposed activities, or
uses the information published in the Site,
accepts upon himself, in free will and consent,
the Terms of Use's authority and the binding
thereof, agrees to be bound by the Terms of
Use, undertakes to act pursuant to the Terms
of Use's stipulations and to the rules specified
therein, as they will be updated from time to
time, and to obey them without any reservation.
-
The Company is entitled to amend this Terms
of Use at any time, and to do so according to
its absolute and exclusive discretion. Therefore,
everyone is required to review the Terms of
Use on a regular basis, including before performing
any activity via this Site.
-
This Terms of Use, as it will be updated
or amended from time to time by the Company,
constitutes the entire and whole agreement between
the Company and anyone registered to the Site
or participating in one of the activities proposed
by the Site or using this Site, including the
information published thereon, for whatever
purpose. Any presentation, promise, undertaking
or consent, whether verbal or in writing, that
do not comply with the Terms of Use's stipulations,
will not be valid.
- Who is entitled to Participate
-
The participation in the official lottery
draws via the Site, or in any other activity
that is proposed by the Site, is solely permitted
to one complying with all the accumulative terms
that are specified hereafter:
-
On the participation date, the participant's
age exceeds the legal capacity age as set
by the law applying in the territory he
is in, and in any event his age exceeds
18 years; and -
-
The participant is the legal owner of a
valid credit card; and -
-
The participant does not violate any law
or regulation as a result of the participation
in the official lottery draws via this Site,
or as a result of participation in any other
activity proposed by this Site. In this context
it will be stressed, that Players residing or
present in any jurisdiction that prohibits participation
in this Site or in any lottery shall not participate
in the prohibited activity. The Company, its
agents and anyone on their behalf make no representations
or warranties, express or implied, as to the
lawfulness of any person's participation in
any activity through this Site or to the legal
right to participate in the official lotteries
draws or any other activity proposed by this
Site. It is each participant's responsibility
to ensure that he complies with any and all
laws applicable to him before registering or
participating in any activity through this Site.
-
Employees, directors and officers of the
Company, or the Accountants as defined below,
or the Insurance Company as defined below, as
well as members of their families, affiliates
or subsidiaries, and all other persons connected,
directly or indirectly, with the management
of each US lottery, the computer systems or
the security system employed therein, as well
as any person involved in the operation of this
Site and the establishment thereof, including,
but not limited to advertising, promotion and
fulfillment agencies, insurers and legal advisers,
webmasters and web suppliers and family members
thereof, are not entitled to participate in
any of the activities proposed by this Site.
- Site Registration
-
Anyone interested in participating in the
various activities that are proposed by this
Site (including, participation in official lottery
draws, as explained in this Terms Of Use) is
obliged to register at the Site, as specified
in this paragraph.
-
The registration at the Site is made once,
but in a two phased process.
-
At the first phase of the registration process,
one must fill in all the obligatory fields at
the registration form, therein included to choose
a User Name, a Password, and also give a personal
e-mail address (hereafter - "the Identification
Details").
-
The participant has the entire responsibility
to reserve under confidentiality the Identification
Details and not to transfer them to another.
The full responsibility for an unauthorized
use of the participant's Identification Details
lies solely on the participant, who will bear,
alone, all the responsibility derived of an
unauthorized use of his Identification Details.
-
A surfer who will enter this Site and request
to participate in one or more of the activities
that are proposed by the Site will be required
to type in the Identification Details. The Site's
operating system will compare the Identification
Details that are typed in by the surfer and
the Identification Details that are reserved
at the Site, and only in the event of a complete
identification will the surfer be allowed to
participate in all of the Site's activities,
that are allowed to that identified participant.
-
The second and last phase in the registration
process to the Site will be performed by the
participant on the date that he will participate,
for the first time, in one or more of the paid
activities that are proposed by this Site.
-
At this phase (the second phase) the participant
must give his valid credit card details, and
also give additional personal identification
details (the Identification Details, as defined
in article 11, and the additional details mentioned
in this article will be referred to hereafter
as - "the Participant's Details").
- Participant Account
-
To each surfer at the Site who will fill
in his Participant's Details, a "virtual"
account at the Site will be opened (hereafter
- "Participant's Account").
-
Entry to a Participant's Account will only
be made by giving the Identification Details,
as will be published at the Site.
-
The payments that the participant was debited
by - on the one hand, and the prizes that he
will win (if he will win) - on the other hand,
due to and as a result of the participant's
participation in the activities proposed by
the Site, will be specified in the Participant's
Account.
-
The participant will be able to perform via
the Participant's Account various acts, including
updating the Participant's Details, examining
winnings, ordering e-mail warnings, managing
the participant's subscription (in the event
that the participant will join in as a subscriber,
as specified hereafter), etc.
- Confidentiality
-
The Company undertakes to preserve under
confidentiality all the Participant's Details,
all the data relating to the Participant's Account,
and also all the details of the participant's
activity at the Site, not to do any use thereof
beyond the required for participation in the
Site's activities, and not to disperse them
or transfer them to others, for a consideration
or gratis, and that for any purpose whatsoever.
- Paid Participation in Official Lottery Draws
-
Anyone who has registered at the Site and
has opened a Participant's Account pursuant
to this Terms of Use's stipulation is entitled
to and can participate, via this Site, at various
official lottery draws that are conducted or
that will be conducted by official lottery operators,
and that according to a list which will be updated
at the Site, from time to time, pursuant to
the Company's exclusive discretion (hereafter
in this chapter - "the Game").
-
The Game's purpose is to guess the winning
numbers that will be drawn at the official lottery
draw, that the participant has chosen to participate
in, as they will be published, in a final and
exclusive manner, by the official operator of
the lottery draw (hereafter - "the Winning
Numbers").
-
Subject to the stated in this Terms of Use,
by participating in the Game one can win various
monetary prizes, equal to those granted in any
official lottery draws in which the participation
is possible through this Site. Subject to the
stated in this Terms of Use (and in particular
see article 36 hereunder) the participation
in the Game is subject to, and will be in accordance
with, the official and valid rules and/or the
official and valid Code of each and every official
lottery draw, with respect to which the participation
in the Game is made (hereafter - "the Official
Rules"). Without jeopardizing the generality
of the aforementioned, the prizes rating, too
- as a first, second, third prize etc. - the
number of the Winning Numbers that must be guessed
in order to win one of the prizes and the prizes
payment manner, are also set according to the
Official Rules.
-
One can participate, via the Site, in one
or more of the official lottery draws that are
specified at the Site, by surfing to the Site
and purchasing a participation form, that will
be filled in according to the Official Rules
and to the stipulations of this Terms of Use
(hereafter - "Participation Form").
-
The payment for the Participation Form that
has been filled in by a participant will be
made by debiting the participant's credit card,
the details of which were given to the Site
during the participant's registration process
to the Site, as specified in chapter IV above.
-
Only a Participation Form that will be filled
in pursuant to the stipulations of this Terms
of Use and that the payment with respect to
which will be settled in full will be entitled
to receive a confirmation number (hereafter
- "a Confirmation Number") from the
Site's operating system. A Participation Form,
as stated, that will be given a Confirmation
Number, will be referred to hereafter as - "a
Valid Participation Form", and only a Valid
Participation Form will entitle a participant
with the right to receive winning prizes, as
specified in this Terms of Use.
-
A Participation Form that has not received
a Confirmation Number from the Site's operating
system, for any reason whatsoever - including,
but without jeopardizing the generality of things,
a malfunctioning in the Site's operating system,
technical failure, human error or force major,
will not be considered as a Valid Participation
Form, no payment will be debited for it, and
it will not entitle the participant who has
filled it in or purchased it with any right.
-
The Company and the Site are entitled to
cancel, retroactively, a Valid Participation
Form, even after a Confirmation Number was given
for it, if it will be found out that the consideration
for the Participation Form has not been fully
settled. In such an event, the Participation
Form will be considered as if it has been invalid
from the first place.
-
The participant has an absolute obligation
and responsibility to preserve the Confirmation
Number that will be given to him by the Site,
and to divulge it to the Company upon its request.
The company reserves the right to rejected on
the threshold all claims concerning winnings,
should the claimant not be able to divulge a
valid Confirmation Number.
-
The possibility to purchase and to fill in,
at the Site, participation forms concerning
each of the official lottery draws, in which
one can participate via the Site, will be blocked
by the Site, usually, about two hours before
the hour the official lottery draw is to be
actually performed. However, the Site is entitled,
according to its discretion and subject to publishing
same at the Site, to block or to open the possibility
to purchase, via the Site, participation forms,
concerning each official lottery draw, at any
hour and date.
-
Immediately with the blocking of the possibility
to participate at a certain draw, as stated
in article 30 above, the Site's operating system
will stop to give Confirmation Numbers for Participation
Forms, even those that have been filled in before
the possibility to participate at a certain
draw was blocked, and Participation Forms as
stated will not be considered as Valid Participation
Forms.
-
After blocking the possibility to participate,
via the Site, at a certain official lottery
draw, and before the hour that this official
lottery draw is to take place, the Site will
transfer copies of all the Valid Participation
Forms that were purchased and filled in the
Site concerning that official lottery draw,
to the hands of the Company's accountants, a
leading international firm of accountants, that
will supervise the Site's activity (hereafter
- "the Accountants").
-
The only determining registrations with respect
to the guess that was filled in by participants
in Valid Participation Forms will be those sent
by the Site to the Accountants before the time
of the relevant official draw as will be held
in the Accountants' possession. The registrations
that will be at the Company's Accountants' possession
will constitute, in any event of a dispute or
a conflict or a claim, a final proof to the
correctness of the stated therein which cannot
be disputed or attacked in any way.
-
With respect to each Valid Participation
Form, that a copy thereof will be received by
the Company's Accountants, the Company will
purchase a participation form in an official
lottery draw, in which exactly the same numbers
that have been marked in the Valid Participation
Form that was purchased at the Site will be
marked, and that, according to data that will
be received from the participant via the Site
and that were transferred by the Site to the
Accountants. The participation form in the official
lottery draw that will be purchased as aforementioned
will be referred to hereafter as - "a Parallel
Form". In the event that any Parallel Form
that has participated in the official draw has
won any prize in the official draw, then, a
participant who has purchased at the Site the
Valid Participation Form for which the Site
has purchased the Parallel Form will be entitled
to receive from the operator of the official
lottery draw, via the Site and as specified
hereafter, the winning sums at the official
lottery draw that the Parallel Form has won.
-
In any event that a parallel form has not
been purchased by the Company, for any reason
whatsoever, including, but not only - due to
a failure in the computer system, a communication
break or any other malfunctioning or reason
- the Company, or any other entity on its behalf
(hereinafter - “the Insured”) is
entitled, but not obliged, and that according
to its exclusive discretion, to purchase for
the guess marked by a certain participant in
the Valid Participation Form, as transferred
to the Accountants, an insurance cover effected
through Lloyd’s of London brokers Tyser
and Co. (hereafter, correspondingly - "the
Insurer", "the Insurance Cover").
-
Immediately after the Winning Numbers, the
number of winners and the winning sums at each
of the official lottery draws will be published
by the official operator of the lottery draw
(hereafter - "the Official Results"),
the Company will conduct a comprehensive examination
of all the Valid Participation Forms that were
purchased, via the Site, concerning that draw,
such examination will be made in relation to
the registrations that are held by the Accountants.
The Company will examine whether, amongst the
Valid Participation Forms, include guesses,
that entitle a participant or any participants
to prizes as stated in this Terms of Use (hereafter
- "the Game Results"). To remove doubt
it is hereby clarified, that setting the Game
Results will be made according to the stipulations
of this Terms of Use and in view of the Official
Results.
-
The Official Results and the Game results
(hereafter jointly - "the Results")
will be published at the Site as soon as possible.
-
Winning a game will be noted in the personal
Participant's Account of the relevant participant.
In parallel, immediately with the publication
of the Results at the Site, the Site's operating
system will inform the winning participant of
his winning via e-mail that will be sent to
the electronic address that was given by the
participant.
-
In the event that a Valid Participation Form
includes winning in an accumulative prize, up
to a total sum of US $1,000, then the Company
will transfer the winning sum due to it, to
the participant's credit card account, that
has been used by the Company to debit the participation
fees for the Participation Form, and that within
7 days from the date of the publication of the
Results at the Site.
-
In the event that a Valid Participation Form
includes a winning or winnings that entitle
with a prize above the total sum of $US 1,001,
the Site's operating system will request the
winning participant, via e-mail, immediately
with the publication of the Results at the Site,
to transfer to the Site instructions concerning
the manner that the winning sum will be transferred
to the participant (hereafter - "the Participant's
Instructions"). The Company will transfer
the winning sum in its entirety, according to
the Participant's Instructions, subtracting
the transfer costs, in the event that there
will be any, and that, within 30 days from the
receipt of the Participant's instructions.
-
Also in the event that a Valid Participation
Form includes a winning or winnings that entitle
with the first prize at any official lottery
draw, i.e., the Jackpot, the Site's operating
system will request the Participant's Instructions,
as stated in article 41 above. The Company will
transfer the winning sum in its entirety, according
to the Participant's Instructions, subtracting
the transfer costs in the event that there will
be any, and that, within 15 days from the receipt
of the winning sum from the official draw operator
or from the Insurance Company.
-
The winning sums will be paid nominally,
in US dollars, and will bear no interest or
linkage differentials from the winning date
till the actual payment of the winning sums.
-
The participant alone will be responsible
for the payment of the taxes that will apply,
if at all, on the winning sums, but the Company
will be entitled, but not obliged, to deduct
from the wining sums any tax that will apply
to the winning sums concerning which a withholding
tax obligation will apply.
- The Price
-
The price of participation in the Game (i.e.
- the participation price at official lottery
draws via this Site and as stated in this Terms
Of Use) may be higher than the participation
price that is collected by the official operator
of the lottery draw from one participating directly
at the lottery draw.
-
Participation price via this Site at each
of the official lottery draws as stated in this
Terms Of Use is not fixed and may change from
one draw to another.
-
In any event, the participation price, via
the Site, at each of the official lottery draws,
is the price appearing on the participation
screen of each of the draws, and the final debiting
sum for the participation is the sum appearing
in the Confirmation Form and in the Participant's
Account.
- The Currency
-
Debiting the participation price, as paying
the prices to the winners, will be made in one
currency - US dollars.
-
In any event in which an official lottery
draw is conducted at a currency different than
the USA dollar, than for the publication at
the Site of the prize sums at that draw, an
approximate conversion of the prizes will be
made from the currency in which they are supposed
to be paid to a USA dollar.
-
All the exchanges from various currencies
to the USA dollar will be performed according
to conversion rates that will be published by
US Banking institutions as will be updated from
time to time.
-
The Site and the Company will be entitled
to deduct reasonable costs due to currencies'
exchanges.
- Subscribers Service
-
In the framework of the services granted
by this Site, there is also operated a service
for subscribers, as specified hereafter.
-
A subscriber is a participant who has requested
to participate, in a repetitive, fixed and consecutive
manner, in a certain lottery game chosen by
him, specifically, or at a certain category.
-
When a participant becomes a subscriber,
then the Site's operating system will bring
about that the subscriber will participate in
a fixed and consecutive manner, in the various
draws at a certain lottery game or at a certain
category, chosen in advance by that subscriber,
and that without any additional intervention
on the part of the subscriber.
-
Each participant, who has joint the Site
as a subscriber, can and may stop or cancel
the subscription at any time.
-
From the moment that the cancellation or
stopping of a subscription notice will be recorded
at the Site, the Site's operating system will
stop the subscription and will cease the participant's
participation at draws pursuant to the cancelled
subscription.
-
The payment due for the subscription is according
to the number of draws the subscriber has participated
in according to the subscription, when for each
draw that the subscriber has participated in
he will be debited by a sum equivalent to the
appearing participation price concerning that
draw (a price that can change from a draw to
a draw). The debit for participation at each
of the draws within the subscription's framework
will be made according to dates on which the
Site's operating system has participated the
subscriber at a certain draw according to the
subscriber's definition, so that each debit
will be performed close to the participation
at a certain draw.
-
By the registration for a subscription the
subscriber's agrees to all the monetary debits
that he will be debited for as a result of his
participation in draws according to the subscription,
even if the debits concerning the later draws
will be different from the debit concerning
the first draw in which the participant has
participated in the framework of the subscription.
-
On the subscription date the participant
can limit the participation in draws within
the subscription's framework only to draws in
which the participation fees will not exceed
the participation fees that were collected concerning
the specific draw on the date that the participant
was registered as a subscriber. In such an event,
the subscriber will not participate in draws
wherein participation fees are higher than the
participation fees that have prevailed on the
date of the subscription registration.
-
Each participant can join, simultaneously,
an unlimited number of subscriptions (for different
lottery draws or for different categories).
- The information
-
The Site provides various information
concerning the worldwide leading
official lottery draws, including
the winning numbers, the official
rules, the official results, the
winning odds, etc. (hereafter -
"the Information").
-
The Information's publication
at the Site is given only as a service
to the participants, and nothing
more. The information is manually
fed into the Site's operating system
and therefore may include errors
and mistakes made in bona fide.
- Reservations concerning the Responsibility of the Company and of the Site
-
The Company does and will do, to the best
of its ability, to prevent any malfunctioning
in the Site's activity, including, but without
jeopardizing the generality of things, participation
in official lottery draws via the Site. However,
in any event of a technical failure in the Site's
operating or computer system or in the Accountants
accounting system, human error or force major,
that as a result thereof, for example, a Parallel
Form, as its definition in article 34.1 above,
has not been purchased, or a confusion has occurred
in transferring the guess that was marked on
a Valid Participation Form to the Accountants
or to the Insurance Company, the Company will
be entitled to cancel any Valid Participation
Forms, concerning which the malfunctioning has
occurred. In such an event, the responsibility
of the Company and/or the Site and/or anyone
else who has acted on their behalf (including
the Accountants) or for them will be limited
only to the participation fees sum that was
paid to the Site by the participant for the
Valid Participation Form.
-
In addition to the above it is clarified
that the Company and/or the Site and/or anyone
else who has acted on their behalf (including
the Accountants) are not responsible for any
error, omission, interruption, deletion, defect,
delay in operation or transmission, communications
line failure, theft or destruction or unauthorised
access to, or alteration of data or information.
The company is not responsible for any problems
or technical malfunction of any telephone network
or lines, computer on-line, systems, servers
or providers, computer equipment, software failure
of email on account of technical problems or
traffic congestion on the Internet or at any
web site. The Company reserves the right to
cancel, terminate, modify or suspend the Games
if for any reason, the Games cannot be conducted
as planned, including infection by computer
virus, bugs, tampering or unauthorised intervention,
fraud, technical failures or any other causes
beyond the control of the Company.
-
In no event shall the Company and/or the
Site and/or anyone else who has acted on their
behalf (including the Accountants) be liable
for any direct, indirect, incidental, special
or consequential damages or damages for loss
of profits, revenue, data or use incurred by
any participant or third party, whether in an
action for contract or tort, arising from the
access to, or use of, the Site.
-
The responsibility of the Company and of
the Site for the payment of the first price
due to participation via the Site in any official
lottery draw will only arise and be limited
only to the sum that the Company will receive,
if it will receive, from the operator of the
official draw or from the Insurance Company.
In any event, the Company and/or the Site and
/or anyone on their behalf will not have to
pay the participant any sum due to a win of
a first price if the Company will fail, in spite
of its reasonable efforts, to collect this price
from the operator of the official draw or from
the Insurance Company, for any reason whatsoever.
-
lottospot.net and/or its agents make no representations
about the suitability, reliability, availability,
timeliness and accuracy of the Information,
software, products and services contained on
the Site for any purpose. All information, software,
products and services are provided "as
is" without warranty of any kind. Thelotter.com
hereby disclaims all warranties with respect
to this information, whether express or implied.
-
In any event, no liability will apply to
the Company and/or the Site and/or anyone operating
in their name or on their behalf due to a damage
that was caused due to reliance, of any type,
on the Information, as its definition above,
or on any other publication appearing at the
Site, and the participants or any one surfing
at the Site are invited to verify the information
published at the Site via the terminals and
the official publications of the official lottery
games operators.
- Intellectual Property
-
All the rights, including the intellectual
property rights (i.e., patents, copyright, trademarks,
service marks, logos, trade names, know-how
or any other intellectual property or right)
concerning this Site or relating to it, or concerning
the Games that are proposed within its framework
(hereinafter - "the Rights"), are
owned by the Company and shall be the exclusive
property of the Company. No one shall use any
of the Rights without the express written approval
of the Company.
-
Without jeopardizing the generality of the
stated in article 106 above, it is hereby stressed,
that the Company and/or anyone on its behalf
are the legal owners of ongoing patent application
concerning the activity and the services that
are proposed by this Site and the framework
of the Site's activity. In addition, the Company
and/or bodies on its behalf own the copyrights
in the Games that are proposed at this Site.
-
Without jeopardizing the generality of the
stated in article 106 above, it is hereby clarified
that one should not copy or duplicate, in any
form whatsoever and in any media whatsoever,
any parts of this Terms of Use or of the rules
that this Site and the Games proposed therein
are managed according to.
-
Each violation of the Rights of the Company
and/or the Site will be severely handled, and
the Company and/or the Site will be strict in
extracting their Rights against anyone who will
violate their Rights.
- Disputes and conflicts
-
In any event of a clarification, complaint,
dispute, reservation, claim or action (hereafter
- "Dispute") resulting from participation
at any activity at the Site, including in one
of the Games proposed by the Site, or related
to an activity as stated - including but without
jeopardizing the generality of things, Dispute
concerning Participation Forms, concerning the
guesses that were marked on them or on Valid
Participation Forms, concerning entitlement
to winning any prizes - then, in the event that
no agreed upon by both the Company and the participant
solution will be found, the dispute will be
transferred to the exclusive decision of one
of the partners in the Accountants office, whose
determination will be final and decisive (hereinafter
- "the Decider").
-
The Decider will determine, according to
his sole discretion, the manner in which D will
be addressed by him, and he will be entitled
to determine, that the Dispute will be clarified
only according to written arguments, or in any
other manner, as he will see fit.
-
The Decider will determine in the Dispute,
according to his sole exclusive discretion,
subject only to this Terms of Use's stipulations.
The Decider will not be subject to the stipulations
of any material law, but will have to shortly
reason his decision.
