THE HOME LOTTERY LIMITED (THLL)
Terms and Conditions
1. PLAYS BY MINORS
The plays are not intended for use by any person under the age of eighteen (18). By using the plays, you represent that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, representations and warranties s e t forth herein. THLL suggests that parents and guardians take advantage of access controls offered by third parties, which are designed to assist in limiting or blocking access to certain types of content that may be harmful to or inappropriate for minors.
2. CHANGES TO THE PLAYS
The Home Lottery Limited reserves the right to:
2.1 Refuse any entry to the Lottery or to withhold any Prize if it has reasonable grounds to believe that these T&Cs have been breached.
2.2 Change or remove (temporarily o r permanently) t h e plays or any part of it without notice and you confirm that THLL shall not be liable to you for any such change or removal;
2.3 Change, remove, or discontinue any promotion as advertised on the plays at any time without notice and you confirm that THLL shall not be liable for any such change or removal and,
2.4 Change, amend or modify these Terms and Conditions at any time at its sole discretion and your continued use of the plays following any changes shall be deemed to be your acceptance of such change.
3. "Lottery Agents” ACCOUNT REQUIREMENTS
In order to participate in the "Lottery Agents" functionality of the plays, THLL may require that you provide specific "personal information" to THLL in the manner prescribed by THLL in order to establish or maintain an account. You may not maintain more than one account. THLL reserves the right to delete or close any account or all accounts at any time for any reason, including but not limited to the existence of multiple accounts for one individual. No one under eighteen (18) years of age may establish an account.
4. ACCOUNT OPTIONS
By signing up for and participating in the Lottery Agents functionality on the plays, you agree to receive emails, text messages to your phone, or other communications from THLL, which may be automated and could include such topics as, but not limited to, the following: winning numbers, jackpot alerts, newsletters, new game announcements, promotions, coupon offers, and surveys. In most cases, THLL will allow you to opt-in to any or all of these communications by updating your "Lottery agent" profile information. You may also opt-out by un-subscribing or requesting that THLL deactivate your account.
5. ENTRY TO THE LOTTERY
5.1 Players enter the Lottery Draw either by purchasing a paper Ticket from a retailer authorised by THL, onlinethrough website authorized by THLL or by playing on their mobile phones with agreed Mobile Network Operator.
5.2 Participating Retailers may require proof of age or other identification to be shown before the Ticket will be sold. THL reserves the right to introduce new channels.
5.3 The Player is solely responsible for ensuring that the Ticket remains safe and in a good and legible condition. For Players having participated in the Draw by purchasing a Ticket from a Retailer, the Ticket is sole evidence of entry into the Draw and must be in the possession of the Player to enable them to claim a Prize. The Playcard or Playslip cannot be used to claim a Prize or be relied upon as evidence of entry into a Draw.
5.4 Subject always to clause 10.3, THL accepts no responsibility for lost, stolen, damaged or defaced Tickets.
6. THE LOTTERY DRAW AND PRIZES
6.1 The Lottery Draws will be broadcast, as advertised. THLL reserves the right to change the broadcast arrangements for the Draws from time to time and will notify Players of any such change either directly or through notification posted on the ‘News’ page of the Website.
6.2 The results of any Lottery published on the Website or in any other source shall be for information purposes only and a Prize shall only be awarded to a winning Ticket/number which has the number(s) recorded at the Draw itself, by THLL and an independent auditor. Online and mobile Players will be notified automatically to their registered e-mail address/ mobile phone number if they have won a Prize.
6.3 Only one Prize may be claimed in respect of each entry made to the Lottery Draw.
6.4 No Prize will be paid on a Ticket that has been forged, altered, damaged or defaced in any way.
6.5 No Prize will be paid on a Ticket that fails THLL’s validation process.
6.6 By claiming and accepting a Prize, Players agree to publicity which will be carried out at the sole discretion of THLL.
6.7 THLL reserves the right to change the Prize sums paid to Players without further notice at its absolute discretion where it is required to do so by law, regulation or the instruction of the Gambling Commission.
6.8 Winning Players may be required to provide such proof of their identity, age and compliance with these T&Cs as THLL shall require before the Prize payment is made.
6.9 Where a Prize is paid to an Excluded Person or is otherwise paid in error, the Prize must be returned immediately to THLL.
6.10 Each winning Player is responsible for paying any and all taxes on any Prize won.
6.11 Except when required to do so by law, or for the purpose ofpublicising unclaimed Prizes, THL will not make public information about Prize winners without first obtaining their written consent.
7. TRADEMARKSAND COPYRIGHTS
7.1 The Intellectual Property Rights in the plays and the materials on or accessible via it belong to THLL or its licensors. For these purposes, "Intellectual Property Rights" includes the following: any patent, trademark, trade name, service mark, service name, copyright, design right, database right, trade secret and other confidential information.
7.2 The plays and the materials on or accessible via it may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the plays) without the express written consent of THLL or, if applicable, its licensor.
7.3 Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the plays are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THLL. You may not use any metatags or any other "hidden text" utilizing a Lottery name, trademark, or product name without THLL’s express written consent.
8. DISCLAIMEROF WARRANTIES
8.1 The plays materials are transmitted and distributed “as is” without any representation or endorsement made and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose.
8.2 Although THLL endeavors to ensure the accuracy of the information that appears on the plays materials or contained in automated communications available through the plays (including winning numbers), it makes no warranty as to the quality, correctness, completeness or validity of such information. Information from the plays or automated communications should always be verified before relying upon it. Official winning numbers are those selected in the respective drawings and recorded under the observation of an independent auditor. In the event of a discrepancy between the official winning numbers and the winning numbers identified herein, the official winning numbers shall prevail.
8.3 THLL makes no warranty that the functionality of the plays will be uninterrupted or error free, that defects will be corrected or that the plays or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 8.4The contents of the plays do not constitute advice and should not be relied upon in making or refraining from making, any decision.
9. LIMITATION OF LIABILITY
9.1 To the extent permitted by law, THLL will not be liable for any indirect or consequential loss or damage whatever arising out of or in connection with the use of the plays.
9.2 Subject always to clause 10.2, neither THL nor any of the societies participating in the Home Lottery from time to time shall be liable to a Player for any loss or damage suffered by a Player arising from:
a. Any failures or delays in any delivery methods (including postal services) used by THLL or the Player from time to time.
b. Retailer error or incorrect or misuse of retailer terminal (including the loss of opportunity to enter The Home Lottery and/or right to receive a Prize).
c. Any event which is beyond THL’s or the societies’ reasonable control. And in addition;
d. The Lottery is provided on an “as is” and “as available” basis and no representations or endorsements of any kind are made; and
e. All warranties, conditions and guarantees relating to the Lottery made by or on behalf of THL, whether express or implied by law, in the course of dealing or otherwise, are excluded to the maximum extent permitted by law.
9.3 THL is not liable in contract, tort (including but not limited to negligence) or otherwise in connection with the Lottery for:
a. Loss of revenue, contract, profits, business or anticipated savings or loss of data;
b. Any special or indirect or consequential losses; or
c. Any loss of goodwill or reputation.
9.4 THL does not guarantee that use of the Website, telephone system, Mobile Network, broadcast or live transmission will be uninterrupted, timely and / or error-free.
9.5 Subject to clause 10.2, THL’s liability to any Player shall be limited to the amount of any Prize which may have become due to that Player.
9.6 THL is not responsible for any websites which may be visited via hyperlinks provided on the Website. Visitors to and transactions made on such websites are conducted entirely at the site user’s own risk.
9.7 THL reserves the right to exclude any Player from the Lottery in the event that THL believes in its sole discretion that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.
10.1 You agree through the use of the plays to indemnify THLL, its officers, directors, employees, agents, and affiliates from and hold harmless against any and all claims, damages, losses and causes of action arising out of your use of or reliance upon the information on the plays or out of any breach by you of these Terms and Conditions.
10.2 Players agree to fully indemnify THL in respect of all liabilities, damages, claims, actions, expenses, demands or costs incurred by THL due to the Player’s misuse of the Website and mobile phone short code.
10.3 Nothing contained in these T&Cs shall affect the statutory rights of any Player. THL’s Complaints Procedure is avail¬able by calling THL’s customer care centre
11. DISPUTE RESOLUTION
11.1 If a complaint is not resolved to a Player’s satisfaction by the use of THLL’s Complaints Procedure, and subject to the dispute meeting the criteria detailed in the Gambling Commission’s Code of Practice, the Player may request information as to how to refer their complaint to an independent adjudicator for further investigation and review. This independent adjudicator, namely the Independent Betting Adjudication Service (IBAS), is specialised in the resolution of gaming disputes.
11.2 The independent adjudicator will consider your complaint totally impartially and we are bound by their decision.
12. INTELLECTUAL PROPERTY
All intellectual property rights generated as a result of the operation of the Lottery shall be the property of THLL and Players agree to take all steps (at THL’s cost) to vest in THLL any intellectual property which the Player creates in the course of entering the Lottery.
13. DATA PROTECTION
All information provided by Players to THL for the purposes of the Lottery will be stored, managed and used in accordance with current Data Protection legislation and also with the THL’s Privacy Statement as posted on the Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at THLL's discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The plays is intended for use by residents of Nigeria. These Terms and Conditions shall be governed by and construedinaccordancewiththelawsof the Federal Republic of Nigeria. Youagreethatsuit,ifany,must bemaintainedin the courts located in Nigeria
These Terms and Conditions together with any documents expressly referred to in them, contain the entire agreement relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall abide by the agreed terms in entirety. The following individuals are NOT eligible to participate in the Program: (a) employees of THLL (b) employees of Sponsor’s affiliates, subsidiaries, advertising and promotion agencies; (c) employees of any other person or entity involved in the development, administration, or execution of the Program; and (d) the immediate family members (parent, child, sibling and/or spouse of each) living in the same household as persons set forth in items (a) through (c) above. Participation in the THL constitutes each Participant's full and unconditional agreement to these Terms & Conditions, and representation that Participant meets the eligibility requirements set forth in these Terms & Conditions. Those who do not comply with these Terms & Conditions may be prohibited from participating in the lottery.