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Terms & Conditions
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TERMS & CONDITIONS OF USE OF THE FANDRAW SITE & APP
SUMMARY OF KEY TERMS
THE FOLLOWING ARE THE TERMS AND CONDITIONS OF CONTRACTING WITH US (FAN DRAW) THAT WE THINK YOU SHOULD KNOW BEST BEFORE COMMENCING PLAY. YOU ARE, OF COURSE, ADVISED TO READ ALL OF THE TERMS AND CONDITIONS THOROUGHLY.
- AGE 18: ACCOUNT HOLDERS / PLAYERS MUST BE AGED 18 OR OVER.
- ACCOUNT: BY OPENING AN ACCOUNT AND DEPOSITING FUNDS YOU AUTHORIZE US TO UNDERTAKE ANY AGE & IDENTITY VERIFICATION PROCESSES THAT WE MAY REQUIRE TO CONFIRM YOUR AGE & IDENTITY.
- IF WE CANNOT VERIFY YOUR AGE & IDENTITY USING AUTOMATED SERVICES, WE WILL ASK YOU TO PROVIDE DOCUMENTATION ELECTRONICALLY Ð USUALLY A COPY OF AN OFFICIAL DOCUMENT SUCH A PASSPORT OR DRIVERS LICENCE AND A RECENT BILL SHOWING YOUR ADDRESS.
- NO ACCOUNT WILL BECOME ACTIVE UNTIL AGE & IDENTITY HAVE BEEN CONFIRMED.
- NO BET WILL BE POSSIBLE UNTIL AN ACCOUNT BECOMES ACTIVE.
- ANY DEPOSITS MADE INTO ACCOUNTS THAT DO NOT BECOME ACTIVE WITHIN 3 DAYS WILL BE REPAID AND THE RELATED ACCOUNT CLOSED.
BETTING ON LOTTERY PRODUCTS
WHEN YOU PLAY A LOTTERY PRODUCT WITH US, YOU PLACE A BET ON THE OUTCOME OF THE RELEVANT LOTTERY.
IF YOU WIN, YOUR WINNINGS ARE EITHER FIXED OR BASED ON THE PRIZE AMOUNTS PAID BY THE NATIONAL LOTTERY FOR THAT DRAW AS EXPLAINED IN MORE DETAIL IN THE GAMES RULES IN THE PLAY PAGES.
BETTING ON LOTTORACE PRODUCTS
WHEN YOU PLAY A LOTTORACE PRODUCT WITH US, YOU PLACE A BET ON THE OUTCOME OF A SERIES OF RANDOM NUMBER GENERATED OF DRAWS.
IF YOU WIN, YOUR WINNINGS WILL BE BASED ON THE DIVISION OF REVENUES FROM THE POOL OF BETS PLACED ON IN RELATION TO THE DRAW MINUS THE HOUSE RAKE AND DIVIDED AS PER THE GAMES RULES; IN EACH CASE AS EXPLAINED IN MORE DETAIL IN THE GAMES RULES IN THE PLAY PAGES.
ACCEPTANCE OF ORDERS
ORDERS WITH US ARE ACCEPTED AT THE POINT THAT YOUR ONLINE TRANSACTION IS COMPLETED. HOWEVER AN ACCEPTED BET MAY BE CANCELLED BY US WITHOUT US GIVING ANY REASON AT ANY TIME PRIOR TO THE BET BEING RESULTED.
IF YOU DO NOT USE YOUR ACCOUNT FOR A PERIOD OF 12 MONTHS IT WILL BE CLOSED AND ANY FUNDS REMAINING WILL BE FORFEIT IN CONSIDERATION OF OUR PROVIDING THE FUNDS HOLDING SERVICE OVER THE PERIOD OF DORMANCY.
WHO ARE WE?
THE COMPANY THAT YOU ARE CONTRACTING WITH UNDER THESE RULES WHEN YOU PLACE AN ORDER IS:
PLAYLOT.TO LIMITED (TRADING AS FAN DRAW)
Company Number: 10263253
Registered Office: 3a Cestrian Court, Lightfoot St, Hoole, Chester CH2 3AD.
WHEN YOU PLACE AN ORDER WITH US, YOU ARE SUBJECT TO ENGLISH LAW AND JURISDICTION.
WE ARE REGULATED UNDER LICENCE ISSUED BY THE UK GAMBLING COMMISSION.
GENERAL TERMS & CONDITIONS
Whilst the T&Cs are written in as plain a language as possible, it may be that the meaning of some terms are not absolutely clear without explanation so we have therefore included a little explanation for some of the terms that we use regularly and we think may be of assistance:
- Account: a player's account on our Website
- Bet: an accepted Order
- Number Picker: the means by which you make your own number selections on the Website
- Order: each individual play that you purchase from us is treated as a separate ÔOrderÕ for the purposes of these terms and conditions, regardless as to whether multiple lines are purchased at the same time
- Pay Out: in respect of a particular prize category on a particular draw, the actual published pay out of a lottery
- Prize: the prize that is received from a lottery for a winning lottery ticket
- T&Cs: These terms and conditions
- Website: our website(s) used to place Bets as contemplated herein
- Winnings: the winnings relative to any successful Bet
- Winning Bet: A successful Bet
1) Your Promises To Us
1.1 You warrant and represent to us that:
- You are 18 years old or over.
- The details you provide us for the purposes of opening your Account are complete, true and accurate in all respects.
- You do not already have an Account with us in your name or any other name.
- You will not open an Account for anyone else.
2) Your Data
2.1 You must provide the following data to us in the course of your use of the Website and in any event before payout of Winnings:
- Country of domicile
- Date of birth
- Email address
- Telephone number
- Payment method data
- Any other information relevant or necessary for you or us to fulfill our obligations to each other, and legally
2.2 You consent to our processing the data you provide for the following purposes:
- Age verification
- 'Know Your Customer' and other anti money laundering checks
- Payment processing
- Other data processing relevant or necessary for you or us to fulfill our obligations to each other and legally
2.3 We may refuse to provide you with an Account without giving any reason.
3) Your Payment Data
3.1 You must ensure that the data you provide in respect of your payment method are complete, accurate and have not been stolen or lost.
3.2 You must inform us immediately if your bank or credit card or other specified payment method for your Account is lost, suspended or stolen or your data security in respect of it is compromised.
3.3 You must inform us immediately if your password or other Account information has been passed to third parties.
3.4 You must keep your payment method data up to date. We will not be liable to you for any failed transactions that are the result of your payment information being out of date.
3.5 We will require identification data (KYC) from you for the purposes of anti-money laundering once we accept payments from you. Whilst this is usually done automatically through our links to agencies, we may require copies of your personal ID such as passport, driving licence, recent utility bills and such other information. We may ask for up to date KYC information from you at any time.
4) Your Account
4.1 You will have a username and password for your Account.
4.2 You must keep your Account data (username and password) safe in order to prevent unauthorised use of your Account. You are responsible for all activities and transactions conducted through your Account.
4.3 You may not have more than one Account. Equally, you may not use a third partyÕs Account. If an additional account or accounts are opened by you or by a third party on your behalf, we will be entitled, in our sole discretion to close any such accounts without notice. We will be entitled to void any Orders made by you on any Account so closed.
4.4 It is your obligation to report suspected fraud or illicit use of your Account to us and to take steps to prevent further use immediately (i.e. changing the password).
4.5 You may close your Account permanently by using the [My Account] facility or by contacting Customer Services. Any open or running Orders linked to the relevant Account will be completed before the account is closed, they cannot be cancelled once placed.
4.6 We may suspend your Account and your use of the Website, if we believe that you no longer meet the requirements set out in these T&Cs or that you have provided false or misleading information or otherwise behaved fraudulently in connection with your Account, any payment methods or in connection with your use of the Website. During such period of suspension you will be prevented from accessing or using your Account and:
4.6.1 We may (but shall not be obliged) to investigate the event that gave rise to the suspension and we will be entitled to require you to provide all such documents as we reasonably require to verify to our satisfaction that you do not present a money laundering, criminal financing or other regulatory or fraud risk.
4.6.2 We will determine whether an event giving rise to the suspension has occurred and we will be entitled to either; close your Account permanently (and we may choose to do so, at our discretion, either immediately or once any outstanding Orders are settled) if it has, or lift the suspension of your Account if it has not.
5) Playing Games
5.1 You can play any of the games offered by us thus:
- Fill out and submit a Number Picker, pick a pre-selected combo or syndicate option or create your own syndicate.
- Add any extras or ancillary plays.
- Once completed, you confirm your picks and your ticket becomes visible.
- You can then add further lines or games to the ticket as you wish.
- Once you are finished, you can confirm the purchase by clicking the 'BUY' option on the ticket.
5.2 Once your Order is confirmed, it cannot be amended or cancelled by you.
5.3 Your Order becomes visible in your Account once confirmed and we will also send you an email acknowledgement of Order. You can see a list of your current and historic Orders in your Account.
5.4 The status of your Order will be visible in your Account.
5.5 It is possible that for some reason, an Order may be CANCELLED before a draw. We will send you an email explaining the CANCELLED status of your Order before the draw and your stakes will be refunded to your Account.
5.6.1 we accept an Order in respect of a draw after its published deadline or after the start of the relevant draw; and/or
5.6.2 we become aware of a genuine error in relation to your Order or related draw and are not able to contact you to correct the error or confirm the Order before the deadline or start of the draw; and/or
5.6.3 we accept an Order from you and you have given us false, incomplete or expired information in connection with your Account or otherwise in connection with your use of the Website; and/or
5.6.4 we accept an Order from you and you have been involved in any fraud-related activities in relation to the placing of an Order, the operation of your Account or otherwise in connection with the Website; and/or
5.6.5 we accept an Order from you and, at the time of placing the Order, you were less than 18 years old; and/or
5.6.6 you have maintained more than one Account; and/or
5.6.7 any fraud and/or technical and/or human error or unwarranted influence is found in conjunction with any of your Orders or a draw related to any of your Orders; and/or
5.6.8 a draw is declared by an lottery organiser or co-organiser as being invalid; then (in any of those foregoing cases) we shall be entitled, in our sole discretion, to void the relevant Order and any other Active or Pending Orders we feel necessary or appropriate.
THE TERMS AND CONDITIONS RELATING TO EACH GAME OFFERED BY US ARE SET OUT IN DETAIL IN THE GAMES RULES ACCESSED IN THE PLAY PAGES.
6) Payment by you
6.1 You can pay for a your order at the time you place it by either:
6.1.1 Debiting funds already in your Account; or
6.1.2 Using any of the payment methods available on the Website to add funds to your account and pay for your Order; or
6.1.3 Setting up a direct debit or recurring payment, usually in connection with a subscription Order.
6.2 You can add funds to your Account at any time using any of the payment methods available on the Website.
6.3 In each case you authorise us or our appointees to debit the relevant amount from you using the payment method chosen.
6.4 We will be entitled in our sole discretion to apply limits to your ability to deposit money into your Account and to place Orders.
6.5 In case of a rejected payment attempt we may void or reject the acceptance of the latest Order and any further Orders.
6.6 We are entitled to transfer any money claims against you, including fees incurred, to a collection agency.
6.7 We credit payments to Accounts immediately upon confirmation from our payment service provider of authorization of the payment or upon receipt of funds Ð whichever is earlier.
6.8 The credit balance of your Account does not bear interest.
6.9 The credited amount deposited by you and the payable credit balance on the Account respectively are held in a bank account for our benefit and are therefore not protected and recoverable by you in the event of our insolvency.
6.10 We are entitled to debit your Account with any extraordinary costs incurred by us in managing it.
7) Winnings and Settlement
7.1 You will be informed with respect to Winnings through your Account. We will also inform you by email, SMS/text message or other means of our choice (relative to permissions given by you).
7.2 We will credit Winnings after publication of the relevant Pay Outs.
7.3 We will ordinarily settle Winnings via your Account. You will be entitled to use Winnings credited to your Account to pay for future Orders as they will not be distinguished from your ordinary funds.
7.4 However, for large Winnings over £10,000:
7.4.1 You may be obliged to claim or receive your Winnings in the country in which the Lottery that you have won is domiciled by presenting a winning ticket personally (in the case where we have purchased a ticket locally to meet out liability to you). So a prize for an American Lottery product may have to be collected in America and so on.
7.4.2 You may be obliged to present yourself to our insurer in London to collect payment of Winnings from them.
7.4.3 In any case where you have to travel to collect your prize, we will make arrangements for you to ensure minimum hassle.
7.4.4 We may, at our entire discretion, pay Winnings into a bank account opened by either you or us in the country in which the Lottery that you have won is domiciled in your name.
7.4.5 We may charge you for any fees we incur making arrangements to pay Winnings, this will include:
- Your travel and accommodation arrangements;
- Banking costs;
- FX transactions costs and administration;
- Chaperone costs;
- Tax / wealth advisors.
7.5 Any applicable taxes, duties or levies on your Winnings shall be paid by you. You are primarily responsible for correct payment of taxes, duties and levies on Winnings. However, there may be circumstances where the payment of such taxes are to be withheld from Winnings under local legislation or the onus falls to the operating company paying the winnings to collect such taxes. In those and any analogous circumstances you hereby authorize us and/or our agents to deduct such taxes or levies on from your Winnings before payment of the Winnings to you, your Account or any other nominated account.
7.7 You may withdraw any funds from your Account (i.e. including Winnings) via your chosen payment method. You should note that you will not be entitled to choose a different payment method to collect winnings to that which you paid for your Order unless for good reason (i.e. that funds cannot be returned to the particular payment method) and only when specifically authorized by us; this is likely to be subject to enhanced due diligence processes to prevent possible money laundering.
7.8 We may require up to date KYC information before any withdrawal generally.
7.9 All winnings are payable in the currency of the lottery related to your Winning Bet. We will convert small Winnings into the currency that you use to place your Order as a matter of course. However, for large Winnings (Û10,000+), we will pay you in the currency of the lottery related to your Order. If we convert the currency to make payment to you in the currency that you used to place your Order, we will do so at your expense and charge you at the rate at which we are charged for the FX transfer plus a 1% administration fee.
7.10 When we insure a Bet, we have a minimum policy cost and a maximum amount of insurance cover available (the minimum cost equates to 4% of the maximum cover). If you win a Bet that results in Winnings being paid from our insurance, we will deduct the minimum cost if our insurance policy from your Winnings in the same ratio Ð i.e. 4% of your Winnings.
8) Website, Links and Banners
8.1 We reserve the right to make changes or corrections to, suspend or discontinue any aspect of our Website and the content or services or products available through it. Such changes shall not be applied retrospectively however, in the event that such changes may affect Orders that remain to be settled, we shall be entitled (at its choice) to void such Orders and the return the Stakes (repaid to the Account) or allow the Bet to stand.
8.2 We will not be responsible for any promotional links or advertising banners of third party advertisers.
8.3 You must not misuse our Website by introducing viruses, trojans, worms, or other material that is malicious or harmful.
8.4 We will not be liable for any loss or damage caused by a denial-of-service, viruses or other harmful material that may frustrate your use of our Website or directly affect your computer equipment, computer programs, data or other material as a result of using the Website or any website linked to it.
8.5 While we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy or completeness. The Website may contain errors or inaccuracies, or information that is out of date, for which we will not be liable to you.
8.6 The contents of the Website are protected by copyright laws and other intellectual property rights. We are the owner of these rights along with our affiliates and other third party licensors. All products and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners, including us.
8.7 No part of the Website 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 our express prior written consent.
9) Player Protection
9.1 There are a number of player protection tools within the Website available through you Account or through the Responsible Gambling tab at the bottom of each page. These tools include:
- Deposit limits that you can set by an amount per period.
- Play period limits that you can set to allow you to log-in only for a duration per period.
- Reality checks which pop up from time to time to let you know how long you have been logged-in for and require you to take a positive step to carry on playing.
- Options to set your own reality check periods.
- You can also suspend your Account or exclude yourself entirely ('Self-Exclusion').
9.2 If you do choose to self exclude, you can do so by using the Self-Exclusion facility in the Responsible Gambling menu in your player account. The duration of your Self-Exclusion can be determined by you from the options given (with a six month minimum) or, if no duration is provided, we will set it for you for six months.
9.3 Where there are pending or live Orders linked to your Account, the Orders will be voided or left to run at our choice.
9.3 The reopening of an Account that has been self-excluded is only possible after the expiry of the Self-Exclusion period.
9.4 To reopen an Account, Players must contact Customer Service. For this and to change any player protection settings there will be a 24-hour cooling off period before the Account is reopened or setting changed and you will be required to take some form of positive step to confirm the action at the end of the 24-hour period.
WHEN YOU SET UP YOUR ACCOUNT, YOU WILL BE PROMPTED TO SET THE PLAYER PROTECTION TOOLS. WE ENCOURAGE YOU TO DO SO AT THIS TIME TO HELP YOU TO KEEP PLAY FUN FOR THE FUTURE.
10.1 Our internal complaints procedure has three levels:
10.2 Firstly our Customer Service will try to resolve your complaint.
10.3 Secondly, if your complaint has not been resolved at the first level, we will ask a manger to review your complaint.
10.4 Finally, if your complaint has not been resolved at the second level, we will ask a director to review your complaint.
10.5 If you are not able to resolve your complaint by using our internal complaints and review procedures, you can make a complaint in writing to IBAS via www.IBAS.com who act on behalf of our industry to review such matter and make recommendations. We will treat their decision as binding (albeit you do not have to).
10.6 Finally (or at any other time), you can complain to our regulator or the courts if you feel that your complaint requires authoritative resolution.
10.7 To contact us to complain, you should use the online player help or email [email protected]
11) Limitation of Our Liability
11.1 We will not be liable to you, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
11.1.1 for any loss of revenue, business, anticipated savings or profits (whether direct or indirect); or
11.1.2 for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Website or any other service available through the Website, non-performance of these T&Cs or otherwise.
11.2 These T&Cs do not affect our liability for cases of death and injuries to persons because of our negligence or fraudulent misrepresentations.
12) Force Majeure
12.1 Without prejudice to any other provision of these T&Cs, we shall not be liable to you for any reason if our obligations to you have been affected by:
12.1.1 any event beyond our 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, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;
12.1.2 the failure of, or damage or destruction to, or any errors caused by the computer systems or records or any third party (including, without limitation, the Website), or any aspect of the foregoing;
12.1.3 delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
12.1.4 any other action or event that prevents or hinders the acceptance of a Order;
12.1.6 losses caused for misuse or unauthorised use of Passwords, money lost by placing Orders and failure or malfunction of the equipment or technology of the relevant Player or their Internet service provider.
13) Website up-time
13.1 Whilst we try to ensure that the Website and the services available through it are continuously available we do not guarantee that:
13.1.1 the Website will be available at any specific time or for any specific period;
13.1.2 the Website's features, functionality or performance will meet any particular requirements; or
13.1.3 the Website or its features and functionality are, or will be, compatible with, or available on, any particular device or system.
13.2 In addition, we do not warrant that any alerts or advices you may choose to subscribe to will be provided in advance of any deadline for placing an Order and we shall have no liability if any such alerts or advices are incorrect or delayed or are not sent to or not received.
13.3 We will use our reasonable endeavours to ensure that and results and Pay Outs notified and any Winnings paid are correct. We shall have no liability for errors which are discovered only after Winnings have been paid out where such error is based on incorrect information that is published by the official lottery or their websites.
14) Dormant Accounts
14.1 We shall be entitled to suspend your Account, if more than one year has passed since your last transaction (and your account is then treated as ÔdormantÕ). We will then contact you via email or telephone to notify you that the account is dormant. If you do not reply and/or the account remains dormant, we will not be obliged to pursue further contact with you and will be entitled to charge you a fee for holding the unused account equal to the value of the funds remaining in the account and then close the account.
15) Miscellaneous Provisions
15.1 Where these T&Cs are published in several languages, the English version of these T&Cs will supersede and take precedence over any conflicting elements with other languages.
15.2 We will not be liable for any illegal or unauthorised use of the Website or the services provided through it.
15.3 Internet gambling may be illegal in some jurisdictions or its legality may be in doubt. You acknowledge and accept that we cannot give any legal advice or assurances or make any representation of any kind in respect of the legality of using our services when located in the jurisdiction where you reside or are located.
15.4 Directors, officers, employees (and their immediate family members) of LOT.TO may not open an Account or place an Order with us.
15.5 If any provision of these T&Cs is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these T&Cs will remain in full force and effect and will not in any way be impaired.
15.6 If any provision of these T&Cs 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.
15.7 Any notices under these T&Cs are to be sent and received by email. For this purpose:
15.7.1 Notices to us should be sent to; [email protected]
15.7.2 We will send notices to customers at the email address specified in their Account.
15.8 We may, but you may not, assign our rights and/or transfer, sub-contract or delegate any of our obligations to you (under these T&Cs or any related contractual relationship).
15.9 Any omission to exercise, or delay in exercising, any right or remedy due to us shall not constitute a waiver of that, or any other, right or remedy.
15.10 These T&Cs, the relationship between you and us and each Order shall be governed by and construed in accordance with the laws of England. You submit to the exclusive jurisdiction of the courts of England and Wales in relation to all disputes arising in connection with these T&Cs or any Order submitted on the Website.