Terms of Service
1. General Information
1.1 VictoryLottoClub.com (the "Website") is operated by Northern Management Solutions Limited ("us", "our", "we"). We are registered in England and Wales under company number 11837854 and have our registered address at 16 Charles II Street, London, United Kingdom, SW1Y 4NW.
1.2 The software we use to provide the Website and Services is provided by Jaymo Solutions Limited.
1.3 The Website allows registered Website members to purchase membership in a pre-arranged lottery syndicate for officially regulated lottery draws and to access our Services, subject to and in accordance with these Terms and Conditions and any applicable Additional Terms.
1.4 By accessing or using our Website, or by registering for an Account, you confirm that you accept these terms and conditions (the "Terms and Conditions") and that you agree to comply with them. At this point a legally binding agreement on the Terms and Conditions is concluded between you and us. If you do not agree to these Terms and Conditions, you must not register for an Account and you must not access or use our Website or utilise our Services. Please also note that the Terms and Conditions are subject to change.
1.5 These Terms and Conditions also include the following additional terms, which also apply to your use of our Website and/or Services and can be found here:
(c) Our Acceptable Use Policy, which sets out the standards that apply when interacting with our Website and Services; and
(d) any terms, conditions and rules of any special offers, promotions and voucher codes which we may offer from time to time.
(together the "Additional Terms").
If there is any conflict between these Terms and Conditions and any Additional Terms, then the applicable Additional Term shall take precedence. Collectively, the Terms and Conditions and Additional Terms are referred to as the "Terms".
1.6 The Website is frequently updated, and changes are made to it but material on the Website may be out-of-date. We try to ensure that the material on our Website is accurate, but nothing on this Website is intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
1.7 The Website may be translated into a number of international languages and reasonable precautions are taken in an attempt to ensure the accuracy of the translation; however, the accuracy cannot be guaranteed. If you are reading the translation of the Website or these Terms in any other language than English, you agree and acknowledge that in the event of any inconsistency between the English and a non-English version of the Website and these Terms, the English shall prevail.
1.8 We may revise these Terms at any time by posting an amended version on the Website. If we update these Terms, the updated Terms will apply to each of your uses of the Website from that point on. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website. We will use reasonable efforts to ensure that any important changes will be notified to you by an appropriate method, such as a notice on the Website. However, it is your responsibility to check the Terms regularly to take notice of any changes we make, and you agree to do so. Any changes to the Terms are binding on you from the first time you visit the site after the relevant change. If you do not agree with these Terms, or any changes or additions we make, please refrain from using the Website.
"Account" means an account which you can log in to on the Website and/or access by phone, which is unique to a User and through which you can become a Member, pay an Entry Fee, join a Syndicate and manage your Account;
"Dormant Account" means an Account which has been inactive and has not been accessed for a period of 12 months;
"Entry Fee" means the payment required to be a Member of a Syndicate and to continue being a Member of such Syndicate. If you are in more than one Syndicate, then "Entry Fee" means the collective regular payment required for the number of Syndicates you are a Member of;
"Lottery Draw" means an official lottery draw, in respect of which you are able to join a Syndicate through our Services from time to time;
"Lottery Ticket" means a purchased ticket from a Lottery Draw;
"Member" means a user who has an Account and has paid the Entry Fee in respect of the applicable Syndicate which has been accepted by us and whose account has not been suspended or terminated;
"Prize" means the cash prize advertised in respect of a Lottery Draw;
"Services" means the provision of an online platform on this Website and/or the provision of certain services by phone that allow Members to participate in Syndicates;
"Subscription Period" one of the fixed periods we make available for a Syndicate or Syndicate Plan (for example, for four (4), eight (8) week periods etc) or the period between money being debited via a subscription plan, which will be every four (4) weeks (or every month if you have paid by Direct Debit);
"Syndicate" means a group of Members, that have each paid the Entry Fee and amongst whom we have agreed to share the proceeds of winning Lottery Tickets in respect of a Lottery Draw in accordance with paragraph 4;
"Syndicate Plan" has the meaning given to it in paragraph 4.3;
"Syndicate Shares" has the meaning given to it in paragraph 6.2;
"Winnings" means any monies won by a Syndicate; and
"Winning Tickets" means any winning Lottery Tickets from a Lottery Draw.
3. Accessing the Services
3.1 Access to the Website and the Services are permitted on a temporary basis, and we reserve the right to withdraw or amend the Website and the Services without notice, [subject to the provisions of these Terms relating to accepted Entry Fees and your funds in paragraph 5]. We will not be liable if for any reason the Website is unavailable at any time or for any reason. We do not guarantee that the Website, or any content on it, will always be available or that it will be uninterrupted.
4. Status and Syndicates
4.1 We are a lottery syndicate organiser. This Website enables Members to jointly join Syndicates for Lottery Draws and to share in any Prize if such Syndicate contains any Winning Tickets. We will calculate your share of the Winnings and distribute them accordingly to each valid Member of that Syndicate. We form a contractual relationship with you and other Members of the Syndicate. You will not at any time own any Lottery Ticket purchased for the Syndicate. The Lottery Tickets are owned by us.
4.2 When joining a Syndicate, you are not able to choose the numbers on the Lottery Tickets which we purchase for the Syndicate, or the Members of that Syndicate. We will take all reasonable efforts to ensure that each Syndicate has different lottery numbers from another Syndicate but this cannot always be guaranteed. We accept no responsibility whatsoever for dilution of Winnings in the event of duplication of lottery numbers of another Syndicate.
4.3 We provide you with the opportunity to join individual Syndicates and/or to sign up for a package of Syndicates in one go ("Syndicate Plan").
We will provide you with information about the exact composition of each Syndicate Plan (including whether the 'Victory Guarantee', described at section 4.7 below, applies) either on our Website or over the phone, and we may make alternative Syndicate Plans available from time to time. If we provide you with information about a Syndicate Plan over the phone, we will provide written confirmation of the details relating to such Syndicate Plan via email within 48 hours of the end of the relevant phone call. If you do not receive written confirmation within 48 hours, please email our customer support team as soon as possible at: firstname.lastname@example.org. Certain Syndicates and Syndicate Plans may be restricted to certain customers or classes of customers, and may only be offered via phone or by invitation.
4.4 When you sign up for a Syndicate or a Syndicate Plan, you are given the option to either sign up for one of the fixed periods available (such as four weeks, eight weeks, 1 month etc) or to subscribe to a Syndicate on an ongoing basis (usually by card payment or Direct Debit, although we may also offer additional payment methods from time to time). If you sign up for a fixed period, once that period has expired, your membership of the Syndicate(s) will end. If you wish to continue to be a Member of a Syndicate, you will need to join a new Syndicate or Syndicates (or Syndicate Plan).
4.5 We do not promote a lottery and are not lottery promoters. Further, we are not a gaming company or gambling company requiring a licence from the British Gambling Commission, nor do we require a lottery operating licence.
4.6 We offer 'Jackpot Hunter' Syndicates, which means rather than providing a fixed list of Lottery Draws, we will actively seek out what we deem the best Lottery Draws based on our algorithm from a curated list. For instance, if the Powerball Jackpot is larger than the Megamillions Jackpot we will aim to choose the Lottery Draw which has the larger jackpot. Our decision is final on which Lottery Draws to include in Jackpot Hunter.
4.7 If you aren't sure which Syndicate or Syndicate Plan to sign up for, where you see the 'Victory Guarantee' icon in relation to a Syndicate or Syndicate Plan (or if you have been otherwise notified that the Victory Guarantee applies to your Syndicate or Syndicate Plan), we are so confident you will be awarded a share of Winnings in each of the first three four-week periods that you are a paid Member of that Syndicate or Syndicate Plan (each four-week period being a "Syndicate Period" i.e. weeks 1 – 4, 5 – 8 and 9 – 12) that, if you do not receive a share of Winnings in any one of those first three paid for Syndicate Periods we will refund your Entry Fee for the applicable Syndicate or Syndicate Plan. To be eligible for this refund of the Entry Fees paid in respect of the first three Syndicate Periods described above, you must have participated in, and paid an Entry Fee for, all three Syndicate Periods and not have won any share of Winnings for any one of the Syndicate Periods. The following conditions apply to the 'Victory Guarantee': (i) the Victory Guarantee only applies to your first three paid for Syndicate Periods after you have signed up for that Syndicate or Syndicate Plan; (ii) you will not be eligible for the Victory Guarantee if you have previously entered that Syndicate or signed up to that Syndicate Plan; (iii) where you have signed up to a subscription to a Syndicate or Syndicate Plan via Direct Debit, each Syndicate Period will be one month rather than four weeks; (iv) you must have fully paid for (whether up front or by subscription) the cost of the Syndicate or 'Syndicate Plan' for the entire three Syndicate Periods and any free Syndicates or Syndicate Plans are expressly excluded; (v) if you came to our Website through a third party website offering voucher codes for discounted Syndicate Membership (and sign up for a discounted Syndicate Membership as a result), then the Victory Guarantee will not apply during the period in which you have a discounted Membership. The Victory Guarantee will only apply if you select to extend your Membership before the end of the initial discounted Membership period and, in which case, the Victory Guarantee shall apply in respect of the first three Syndicate Periods following the expiry of your discounted Membership period.
4.8 From time to time selected third parties may offer voucher codes, or we may run promotions, that enable you to enter Syndicates or Syndicate Plans at an initial discounted Entry Fee. The voucher codes/promotions shall be subject to their own additional terms and rules which will be detailed to you at the time the voucher code/promotion is issued by us or our selected third parties, and/or on our Website. Once the initial discounted Entry Fee has expired you will be required to pay the standard Entry Fee to continue to be a member of that Syndicate or Syndicate Plan, unless we offer you the ability to continue at a discounted rate. We reserve the right to modify or suspend a voucher code at any time.
4.9 It is important to note that joining a Syndicate or Syndicate Plan provides no guarantees of receiving any Winnings.
5. Account Registration
5.1 This Website and our Services are not intended for individuals under 18 (or older if restricted by law in the country in which you reside). Therefore, if you are under 18 you are prohibited from registering for an Account, becoming a Member and from utilising our Services. If we are informed or otherwise become aware that you are under 18 or were under 18 when you utilised our Services then we may, to the extent applicable, cancel your Account and/or access to the Website.
5.2 You must not register for an Account, be a Member or be part of a Syndicate, if any of the following apply:
(a) you are under 18 years of age (or the minimum legal age in the country you reside);
(b) you do not accept the Terms;
(c) you are acting on behalf of someone else; or
(d) you are not legally capable of entering into a binding contract.
5.3 In order to become a Member of a Syndicate you must register for an Account on the Website (or, if you sign up by phone, we may set up an Account for you on your instructions) or elect to join a Syndicate via SMS (by following the instructions provided by SMS). If you are located outside Great Britain, you are responsible for determining whether accessing and/or use of the Website, registering for an Account, becoming a Member, joining a Syndicate and participating in any Game is compliant with the applicable laws and regulations in your jurisdiction.
5.4 You agree that you are responsible for any use of your Account by a third party where such use is permitted or authorised by you or due to your fault or negligence. We are entitled to assume that any Entry Fee paid using your Account has been authorised by you where your password and login information has been correctly supplied, unless you are able to demonstrate to our reasonable satisfaction that use of your Account by a third party was neither permitted nor authorised by you nor due to your fault or negligence. We will not be responsible or liable to you for any loss that you may incur as a result of misuse of your password or security on your device or computer, and we accept no responsibility or liability resulting from its use by a third party, where you are unable to demonstrate to our reasonable satisfaction that such use is not: (i) permitted or authorised by you; or (ii) due to your fault or negligence.
5.5 Your Account is personal to you and may not be transferred to a third party without our prior written consent.
5.6 You agree to inform us immediately of any change to your information as provided at the time you registered with us or as soon as you are aware of any mistakes or inaccuracies in the information that we hold about you.
5.7 As a consequence of your applying to register for an Account with us, we reserve the right to verify your identity and the accuracy of the information provided on the registration form, including without limitation by requiring further information and/or proof of identity and age from you. Failure to provide satisfactory verification information and/or proof of identity and age to us on demand may lead to your Account being suspended or terminated. Any monies due to you from Winnings after we request further information from you will be withheld by us until the requested information is provided and verified.
5.8 Multiple Accounts with different email addresses, and/or different names, etc. for one individual person are not allowed. If, in our opinion, you have more than one Account (“Duplicate Account(s)”), we may elect at any time to: (i) keep your Account and Duplicate Accounts open; (ii) close your Account and all of your Duplicate Accounts; and/or (iii) keep open the first Account opened by you or on your behalf and delete all Duplicate Accounts. If we close any Account or Duplicate Account in these circumstances:
(a) all bonuses, promotions, additional subscriptions, Winnings accrued from such bonuses, promotions or additional subscriptions, and Winnings obtained using that Duplicate Account will be void and forfeited by you;
(b) we may, at our entire discretion, void all Entry Fees placed using funds in any Duplicate Account and refund to you the amount of any deposits made to the Duplicate Account (less any Winnings withdrawn) and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded to us by you in respect of a Duplicate Account may be recovered by us directly from any other of your Accounts (including any other Duplicate Account); or
(c) we may, at our entire discretion, allow usage of the Duplicate Account to be deemed valid in which case all Entry Fees paid by or for you through the Duplicate Account shall be retained by us and the balance of any amount remaining in the Duplicate Account which was deposited into the Duplicate Account by you (if any) will be refunded.
5.9 If we suspect or have reason to believe that you are manipulating our systems or have reasonable suspicion, or evidence, of a suspected or actual breach of the Terms or any applicable law or regulation then we reserve the right to suspend your Account and any payment from or into your Account or to you.
5.10 We reserve the right to refuse your registration for an Account and/or suspend or terminate your Account at any time at our sole discretion and we are under no obligation to provide you with any reasons for doing so.
5.11 If we withdraw your right to access your Account and use our Services, then:
(a) your Membership of any Syndicates and/or Syndicate Plans for which your Entry Fees have been received by us will remain in force until the end of the period for which the Entry Fee has been paid;
(b) we will cancel your subscription for future Entry Fees and such cancellation shall take effect from the end of your current subscription period;
(c) except to the extent needed to give effect to 5.11(a) above, all rights granted to you under these Terms shall cease, and
(d) you must immediately cease all activities authorised by these Terms, including your use of any Services provided through the Website;
5.12 Following the suspension or closure of your Account for any reason we will return to you any surplus funds remaining in your Account, unless otherwise specified in these Terms. We reserve the right (pending final determination of any issues, and following any final determination in our favour) to withhold the return of funds if:
(a) you have been involved in any fraudulent or dishonest activity or have breached the Terms;
(b) the applicable funds have been incorrectly credited to your Account, credited in error, or are Winnings from funds incorrectly credited or credited in error; or
(c) we are required to do so by law or to comply with the instructions of any competent court or governmental, regulatory or enforcement authority (wherever based).
5.13 If you close your Account and then open a new Account within [12 months], you will not be eligible for any promotions or bonuses aimed at new customers. Following the closure of your Account, you acknowledge that we shall be entitled to retain a limited amount of the information you provided to us to the extent required to verify whether you are entitled to any such promotions or bonuses.
5.14 If your Account becomes inactive and not accessed for a period of twelve (12) months, it shall become a Dormant Account and not capable of utilising the Services, such as joining a Syndicate. In order to reactive your Account you must contact us at email@example.com requesting the reactivation of your Account.
5.15 By registering for an Account and becoming a Member, you confirm to us that you do not fall within any of the categories mentioned in paragraph 5.2 and that all the information you provided us when registering for an Account is complete, accurate and not misleading and that each time you participate in a Syndicate or join a Syndicate Plan you repeat such confirmation to us.
5.16 In the event that we discover you have misled us in regards to your eligibility to register for an Account and utilise our Services, any balance on your account and any share of the Winnings due to you will become forfeited and you may be indefinitely prevented from any future access to our Website or Services.
6.1 To participate in a Syndicate and/or sign up to a Syndicate Plan, you must pay the Entry Fee to be a Member of such Syndicate and/or Syndicate Plan. In exchange for the Entry Fee, you shall be a Member of such Syndicate or Syndicate Plan. The Syndicates and Syndicate Plans available and their applicable Entry Fee are detailed on the Website and are updated from time to time.
6.2 Most Syndicates have a fixed number of shares available ("Syndicate Shares"). The number of Syndicate Shares for any standard Syndicate in one of our core Syndicate Plans (e.g. the "Premium") will be 199, but other Syndicates that we may offer from time to time may have more Syndicate Shares. You can find the Maximum Syndicate Shares for each Syndicate we offer from time to time listed below. The share due to you of any prize resulting from Winning Tickets purchased on behalf of a Syndicate shall be divisible by the number of Syndicate Shares after any applicable administration charges or tax deducted by the primary operator of the Lottery Draw. Any shares which are not purchased by Members in a Syndicate shall be owned by us.
Syndicate (or syndicate plan)
Euromillions Syndicate eg. Syndicate #1
6.3 From time to time we may run a promotion ("Promotion") in relation to a particular Syndicate and/or Syndicate Plan and you may be eligible to receive extra winnings or receive an additional benefit. All Promotions shall be published on the Website and they will be subject to their own separate terms and conditions and your eligibility to participate in such Promotion shall be dependent on you reading and accepting such terms and conditions. Certain Promotions may be restricted to certain customers or classes of customers, and may only be offered via phone or by invitation.
6.4 If you pay by subscription by Direct Debit, you acknowledge that the numbers that make up the available syndicate lines at the time of the first Lottery Draw in which you participate may not be the same as the numbers that make up the available syndicate lines at the time of setting up the Direct Debit instruction. The numbers in the first Lottery Draw of a Syndicate will be confirmed approximately 24 hours before the first draw.
6.5 We may offer you the opportunity to subscribe for “VIP Status”. VIP Status offers unique promotions and special offers to its subscribers, and certain syndicates may only be accessed by those with VIP Status. Full details of VIP Status will be shown on the Website and may be updated or amended from time to time.
6.6 If you subscribe for VIP Status, this will require payment of a separate subscription fee which will be charged to you on a monthly basis. Your subscription to VIP Status is separate to your subscription payment for participating in Syndicates. It will not be cancelled if you cancel your Syndicate subscription and must be cancelled separately. Cancellation can be made within 24 hours either through your player console (in the “My Account” section) or by emailing customer support at firstname.lastname@example.org. No refunds can be given for subscription payments which have been made and your VIP Status will therefore expire at the end of your then current monthly subscription period.
7.1 You may pay the Entry Fee for the Syndicate or Syndicate Plan either upfront for a specified Subscription Period or by subscription for recurring Subscription Periods. If you pay by subscription by Direct Debit, the initial Subscription Period for any Syndicate shall be three (3) months from the date of the first payment, following which the Subscription Period shall be one month on a rolling basis. There is no refund after the Entry Fee has been paid.
7.2 If you pay your Entry Fee by subscription, we will automatically take payment of your Entry Fee every one, two or four weeks (or every month if by Direct Debit) indefinitely until your Membership of the Syndicate or Syndicate Plan is cancelled in accordance with paragraph 5.11 above and/or 8 below. Any cancellation shall take effect at the end of the period for which you have paid.
7.3 The Entry Fee for each Syndicate or Syndicate Plan is liable to change. Written notice of such changes shall be provided to you no later than five days prior to such change. We will notify you of such changes to the e-mail address associated to your Account or by notification on the Website.
7.4 Payment of the Entry Fee must be by credit or debit card or by Direct Debit. The name on the credit or debit card or the bank account or any other payment method should be identical to that of the Account holder. At our sole discretion from time to time we may accept other payment methods.
7.5 Upon our receipt of the initial Entry Fee, we shall send you a payment confirmation email and/or SMS which shall be your receipt and provides you with details of your recurring subscription, if applicable. Further information on your payment details, the Syndicates or Syndicate Plans you are a part of, together with other information can be found in the My Account section of your Account.
7.6 By making payment of the Entry Fee via a subscription you hereby agree that we may automatically debit your debit / credit card in connection with your participation in your chosen Syndicate(s) and/or Syndicate Plan(s) and you hereby authorise use to do that. In the event that a transaction is not carried out due to insufficient funds or if a payment is the subject of a charge back or other reversal, we may suspend your Membership. We may attempt to complete the transaction several times within the next four weeks and you will become a Member again if the transaction is successful. If payment of the Entry Fee is not made on the applicable due date for any reason whatsoever, or if the payment is the subject of a charge back or other reversal, without limiting our rights we may have, we reserve the right to suspend or terminate your status as a Member and we will not be liable to you whatsoever for any Winnings or otherwise.
7.7 We have no control over charges which some credit or debit card providers charge for the use of their card on our Website and we will not accept any responsibility whatsoever for such charge being made.
8.1 You may cancel your subscription in your "My Account" section when logged in. Subject to paragraphs 8.2, 8.3 and 8.4 below, upon processing of such cancellation, your subscription will continue for the duration you have paid up until, and then will not be renewed.
8.2 Unless you have been provided with confirmation of an alternative cancellation period when you joined your Syndicate, the following rules will apply to cancelling your subscription. To avoid being charged an Entry Fee for the Subscription Period after cancellation:
(a) if the Entry Fee is not paid by Direct Debit, (i) for Subscription Periods of 4 weeks or more, you will need to cancel your subscription by providing at least two (2) weeks' notice before the next payment is due; (ii) for 1 week Subscription Periods, you will need to cancel your subscription by providing at least 48 hours' notice before the next payment is due;
(b) if the Entry Fee is paid by Direct Debit, you will need to cancel your subscription by providing at least thirty (30) days' notice.
If you fail to provide us with the required period of notice outlined above, then you will continue to be a Member for an additional Subscription Period before your subscription terminates.
8.3 Once you pay the Entry Fee and join a Syndicate the process of managing your participation in the Syndicate commences immediately and therefore you are unable to request a refund or cancel being a Member for the duration for which you have paid the Entry Fee. By agreeing to the Terms, you accept that your right to cancel your Entry Fee payment under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply.
8.4 If you pay by subscription by Direct Debit, you may cancel your subscription within fourteen (14) days of the date you provide us with the Direct Debit instruction ("Cool-Off Period") by: (i) email by sending an email to email@example.com; (ii) livechat on our Website; or (iii) selecting the cancellation option in the My Account section of your Account. If you cancel your subscription within 8 days before the end of the Cool-Off Period, you should also cancel the Direct Debit instruction with your banking services provider. We take no responsibility for any failure to cancel a Direct Debit instruction or your failure to receive any information related to the same to the extent that such failure(s) results from inaccurate or incomplete information provided to us.
9. Purchasing Tickets
9.1 Each Syndicate is for a particular Lottery Draw, which is performed by the designated operator of such Lottery Draw. Our participation, and each Syndicate's interest, in each Lottery Draw is subject to the applicable terms and conditions set by the operator of the Lottery Draw and are in addition to our Terms.
9.2 We use the services of a third-party company to purchase the Lottery Tickets.
9.3 Where tickets for a Lottery Draw can be purchased in more than one state or country, we may choose in our sole discretion in which state and/or country we purchase Lottery Tickets. There may be some differences in the Prizes that are available when purchasing Lottery Tickets in one state or country rather than another (for example, where related raffles or other add on prizes are offered by one country but not another (such as the UK Millionaire Maker draw for EuroMillions tickets purchased in the UK), but we shall not be liable for any perceived loss of Winnings that may arise as a result of purchasing a Lottery Ticket from any state or country rather than another.
9.4 Whilst we do our best to ensure that all Lottery Tickets are purchased correctly, we cannot guarantee this and we will not be liable for any mistakes by our service providers, except that we may refund you your Entry Fee (or the applicable part thereof).
10.1 For Prizes above £50,000, we will collect the Prize from the operator of the Lottery Draw. For Prizes below £50,000 one of our third-party suppliers will collect the Prize from the operator of the Lottery Draw on our behalf and transfer the sum into our account. As soon as possible after we are in receipt of the cleared funds of the Prize, we distribute the share of the Winnings to the account balance of the Members of the Syndicate which has won the Prize for Members to withdraw. In the event that, for any reason, the operator of the Lottery Draw doesn't pay the Prize to us or our third-party supplier, we will have no liability to pay any Winnings to Members.
10.2 In your Account, you may see Estimated Win Balance, Pending Balance and Cleared Balance, which have the following meanings:
(a) "Estimated Win Balance" - your Estimated Win Balance is for display purposes only and is there to give you an approximation of the maximum amount of Winnings that may be due to you at any time.
Estimated Win Balance = (Pending Balance + Cleared Balanced) x applicable exchange rate, in each case depending on the display currency of your Estimated Win Balance).
Note: The Estimated Win Balance will be based on the Prize and so will show your share of Winnings prior to applicable administration charges or tax deducted by the primary operator of the Lottery Draw or a reduction in the amount of Winnings which can occur where prizes are taken as a lump instead of annuity, as set out in paragraph 10.5.
(b) "Pending Balance" - your Pending Balance shows your share of Winnings subject to us successfully claiming the relevant Prize from the primary operator of the Lottery Draw.
For example, if a Syndicate wins £100,000 in a Lottery Draw, your share of this will show as 'pending' until we receive cleared funds from the operator of the Lottery Draw, at which point your share will then show as 'cleared'.
Note: Pending Balances will be based on the Prize and so will show you share of Winnings prior to applicable administration charges or tax deducted by the operator of the Lottery Draw or a reduction in the amount of Winnings which can occur where prizes are taken as a lump instead of annuity, as set out in paragraph 10.5.
(c) "Cleared Balance" - your Cleared Balance shows the maximum amount you can withdraw (subject to minimum withdrawal limits as set out in paragraph 10.3).
Note: Cleared Balance is shown prior to any applicable taxes which you may need to pay and before any exchange rate or payment processing fees, as set out in paragraph 10.4.
10.3 Distribution of Winnings to a Member will: (i) in respect of Winnings from a 10 free lines online Promotion entered by a Direct Debit subscriber, where your share of the Winnings is £5 or above, be by payment directly into your bank account; or (ii) in respect of all other Winnings, be by crediting the Member's Account. . You can decide to withdraw part or all of your Cleared Balance from your Account by requesting to withdraw such funds when logged into your Account. We transfer the monies requested and due to you via PayPal or bank transfer. If you request a withdrawal by bank transfer, we may deduct any costs we incur in processing this withdrawal. We will only credit a Member's PayPal or bank account if it is in the same name used to open your Account. We will attempt to process any withdrawal requests within five (5) working days from receipt of such request. All withdrawals are subject to there being at least £3.00 due to a Member before a withdrawal can be processed, unless you have requested to close your Account (in which case we may deduct any costs we incur in processing this withdrawal).
10.4 In regard to any share of Winnings due to you and also in regard to any withdrawal you make from your Cleared Balance you understand and agree that:
(a) applicable taxes or other deductions levied by the country in which the Lottery Draw is conducted may be deducted from your share of the Winnings and/or prior to paying you when you withdraw your share of the Winnings; and
(b) any third party payment processing fees or exchange rate fees will be deducted from the amount you receive and the currency in which you will be paid when withdrawing your share of the Winnings will be in the same currency in which the Winnings are received from the operator of the Lottery Draw. For example, if you received a win of $30USD and you wanted to receive this in a GBP (£) PayPal account, PayPal will automatically convert the money for you into GBP (£) according to its own exchange rates and less any PayPal payment processing fees which may apply.
10.5 It is important to note that the Prizes are estimates and are taken from the pre-draw information provided by the operator of the Lottery Draw, and therefore actual or received prizes may vary from the estimated Prize. Where Prizes can be claimed as a lump sum or an annuity, we reserve the right to claim either. A lump sum is likely to be a substantially reduced value cash Prize compared to the estimated Prize advertised by the operator of the Lottery Draw, but has the advantage of being payable straight away, rather than over a long period. We will not be held responsible under any circumstances for any perceived loss of prize money by any Member of the winning Syndicate.
10.6 Provided that you have not opted out of receiving these communications, we will notify a Member in the event of a win for a Syndicate they are a Member of.
10.7 Once an account is deemed a Dormant Account, we reserve the right to charge an administration fee which is equal to the costs we directly incur in maintaining the Account. Before we deduct any administration fee from your Account, we will: (i) attempt to return the balance of your Account to you by the last payment method used to pay for an Entry Fee; and (ii) attempt to notify you that an administration fee for a Dormant Account will be charged at least thirty (30) days before any fees are incurred. The administration fee shall be charged monthly until the Dormant Account either becomes active again or the Account balance is reduced to zero (0).
10.8 We reserve the right to not pay any Winnings due to you if we suspect or have reason to believe that you have made a chargeback in relation to your Entry Fee for a Syndicate(s) you are a Member of which has won and which you would otherwise be awarded a share of Winnings.
10.9 We reserve the right to refuse a request to transfer funds to or from certain countries or jurisdictions where we reasonably consider it would be unlawful to do so.
11.1 In the event of a substantial win, the identities of the Members of the winning Syndicate will be kept confidential unless and until the Member has agreed for their information to be made public. We reserve the right to advertise that a Member of a Syndicate has won a substantial prize or jackpot (without naming the Member).
12.1 Prizes won from Lottery Draws may be subject to local taxes in the jurisdiction of the operator of such Lottery Draw and/or in the jurisdiction in which you are located. We have no control over any taxation legislation and therefore cannot be held responsible for any perceived reduction in prize winnings.
12.2 Taxation on Prizes can change in any jurisdiction and at any time, therefore all references to jackpots and prizes of a Lottery Draw on this Website must be deemed as an estimate only and may be subject to reduction.
13. Intellectual property rights
13.1 We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You may only use the Website for your own domestic, private and non-commercial use. You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
14. Disclaimer and liability
14.1 We cannot guarantee that an operator of a Lottery Draw will perform any lottery draw, honour a Lottery Ticket and/or pay applicable prizes, and you agree that we will not be held responsible in the event that the operator of a Lottery Draw fails to do so. We will make all reasonable attempts to successfully claim any Winnings from the operator of the Lottery Draw.
14.2 In the unlikely event of any loss of a purchased Lottery Ticket, or for any clerical errors that may have occurred on a Lottery Ticket, whether such error or failure arises from us, or one of our third party service providers, or from our, or one of our third party service provider's, human error, our sole liability will be to refund the Entry Fee for the applicable Syndicate, insofar as it related to the applicable Lottery Draw.
14.3 We try to ensure that the Website is available to you as much as is reasonably possible, but we cannot and do not guarantee that: (i) the Website will be available at any specific time or for any specific period; or (ii) that the features, functionality or performance of the Website or the Services on it will meet your requirements or those of anyone else.
14.4 We shall be liable as expressly provided in these Terms, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence), breach of statutory duty or otherwise.
14.5 Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or for fraud.
14.6 We shall not be liable for any loss or damage that may arise from the insolvency of any bank or payment provider, including (without limitation) any bank with which we maintain our accounts.
14.7 We shall not be liable for any loss or damage that may arise from any aspect of the Website or its availability or functionality not within our reasonable control.
14.8 We shall not be responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, and saturation of the telecommunication networks, natural catastrophe, or any other matter beyond our control; which could lead to a total or partial reduction, to the access to our Services, on internet or by phone. In such an event, we may (in our sole and absolute discretion) cancel or suspend our services without incurring any liability.
14.9 Without limiting our obligation to pay, transfer or credit your share of Winnings in respect of successful Winnings from Syndicates that have been received in cleared funds by us and in accordance with these Terms, we will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss that could not have been reasonably expected by the Member and us at the time of entering into these Terms. Loss or damage would be reasonably expected by the Member and us if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you opened an Account with us, howsoever caused or arising, whether through non-supply or late supply of the Website or our Service available through it, non-performance of these Terms or otherwise.
14.10 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of:
(a) the refusal to allow any person to become a Member of a Syndicate in accordance with these Terms; or
(b) money lost by paying an Entry Fee to a Syndicate; or
(c) the corruption of data sent by you to us or by us to you.
14.11 Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by applicable law.
14.12 Nothing in these Terms shall affect your statutory rights (which include, for example, that we will provide our services to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office.
15. Third Party Websites
15.1 Where the Website contains links to, or refers to URLSs of, other sites and resources provided by third parties, these links or URLs are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Complaints and disputes
16.1 If you wish to raise any complaint with us, please email us at firstname.lastname@example.org. We will try to solve any disagreements quickly and efficiently. If you are not satisfied by the response of our customer support team, you can ask for the dispute to be escalated to a manager or supervisor.
16.2 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
17.1 You may not assign or transfer any of your rights or obligations under these Terms. We may at any time and in our sole discretion assign or transfer any of our rights or obligations under these to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries) and/or to any third party in conjunction with the transfer of all or part of our business and assets. We will inform you of any transfer and assignment of a contract, whether in full or in part, on the Website. By using the Website and/or utilising our Services on your next visit, you indicate that you accept the transfer and/or assignment.
17.2 If we fail to insist that you perform any of your obligations under these, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.3 Each of the provisions of these Terms operates separately. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
17.4 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17.5 These Terms represent the whole of the agreement between us and you, and replace any previous written or verbal agreement, communicated by or to us.
17.6 Except where expressly otherwise provided, these Terms are between, and are not intended to give rights to anyone other than, you and us and do not create any third-party beneficiary rights. No third party will have any rights to enforce any provision of these Terms.
17.7 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales (or, if you live in another part of the United Kingdom, your local law), and for those purposes you and we agree to irrevocably submit all disputes to the jurisdiction of the English Courts and that we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.