INTERACTIVE TERMS AND CONDITIONS Version 7 June 2012
The interactive games website which is accessed via www.lottery.ie (the “Website”) is owned and operated by An Post National Lottery Company (the “Company”, the “NLC”, “We” or “Us”). A number of terms are defined throughout these Terms and Conditions. To go directly to the page containing all the defined terms, please click here.
YOU MUST BE AGED AT LEAST EIGHTEEN YEARS AND LEGALLY RESIDENT IN THE REPUBLIC OF IRELAND TO PLAY THE GAMES.
An Post National Lottery Company is licensed by the Department of Finance to operate the National Lottery with its registered office at:
General Post Office O‟Connell Street Dublin 1
A copy of the Interactive Terms and Conditions, the NLC Interactive Privacy Statement, and any individual Game Rules or any further information about the National Lottery and National Lottery games may be obtained by telephoning National Lottery Customer Support at 1890 244 344 or by writing to An Post National Lottery Company, Abbey Street Lower, Dublin 1 or by accessing the Website.
The price of each Play for every Game will be displayed on the Game Details Screen in advance of play. This information is also available in the individual Game Rules.
In choosing to purchase an Interactive Play the Player must choose a particular game from the list of games available on the Website. Each game is clearly indicated and a Player must make a choice from those available.
After Game Play, the Player is informed if he is a winner and how much he has won, if anything. Section 4 (H) and (L) of the Terms and Conditions sets out details of the period within which prizes must be claimed.
These Interactive Terms and Conditions (the "Terms and Conditions") set out the various rules and procedures that you will need to follow in order to access and use this Website and to open and maintain your Player Account.
These Terms and Conditions also provide information on playing Games and apply to all Games played on the Website with effect from 6th June 2011. NLC will also issue Game Rules for specific Games and We recommend that you are familiar with the Terms and Conditions and Game Rules before playing any Game(s). The Game Rules and NLC Interactive Privacy Statement are hereby incorporated into and form part of these Terms and Conditions.
Please read the following Terms and Conditions, and the Games Rules, carefully as they are the legal terms you agree to abide by when you access and use this Website and when you open an account to play National Lottery games on-line. We strongly recommend that you print a copy of these Terms and Conditions for your own records.
If you simply want to browse around this Website there is no need to register with Us. However by accessing and using this Website, you agree that you have read, understood and agree to be bound by the Terms and Conditions in Part I and the NLC Interactive Privacy Statement. If you do not agree to accept and abide by these Terms and Conditions and the NLC Interactive Privacy Statement you should not use this Website.
When registering as a Player, you will be asked to tick a box confirming that you have read, understood and agree to be bound by the Terms and Conditions set out in Part I and the additional Terms and Conditions set out in Part II which apply to registered users. If you do not agree to accept and abide by these Terms and Conditions, relevant Game Rules and the NLC Interactive Privacy Statement you should not use this Website.
PART I – FOR REGISTERED AND UNREGISTERED USERS
Use of this Website
This Website is controlled and operated by NLC from the Republic of Ireland. The information contained in this Website is solely for the use of players and prospective players of NLC Games and lotteries in the Republic of Ireland and is not intended to offer or encourage participation in any of the National Lottery‟s Games and lotteries by persons outside the Republic of Ireland. For the avoidance of doubt, the information contained in this Website does not constitute an offer or invitation to treat on the part of NLC to any person who is outside of the Republic of Ireland to participate in any NLC games or lotteries, and no person outside the Republic of Ireland may participate in any NLC games or lotteries.
In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. Use of this Website and/or purchase of any Games offered by way of this Website from a location outside the Republic of Ireland may be unlawful under the laws of the applicable jurisdiction pertaining to such conduct and (whether or not unlawful) constitutes breach of these Terms and Conditions and may result in, amongst other penalties, immediate termination of your Player Account and your right to use this Website.
All use by you of this Website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on the content of or any other information obtained from your use of this Website. You agree that NLC and providers of telecommunications and network services to NLC will not be liable for damages arising out of your use or your inability to use this Website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
You agree not to use this Website to engage in any unlawful activities including without limitation, activities which:
(a) infringe the proprietary or intellectual property rights of NLC and/or its licensors and/or third parties;
(b) compromise the privacy of others;
(c) are immoral, illegal or advocating of illegal activity;
(d) destroy the integrity of any data or other computer based information;
(e) violate local, state, or national laws of any country;
(f) reveal trade secrets, unless you own them or have the permission of the copyright owner;
(g) infringe on any privacy or publicity rights of others;
(h) impersonate another person.
You also agree not to;
(i) interfere with or disrupt (or attempt to interfere with or disrupt) this Website or servers or networks connected to this Website, or to disobey any requirements, procedures, policies or regulations of networks connected to this Website;
(j) provide any information to the NLC that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
(k) use the Website or the Interactive System in any manner which could damage, disable, overburden or impair the Website or the Interactive System or interfere with any other party‟s use and/or enjoyment of the Website or the Interactive System;
(l) attempt to gain unauthorised access to the Website or the Interactive System or any accounts, computer systems and networks connected to any NLC Website, its facilities and/or services through hacking, Password mining or any other means;
(m) use this Website to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.
You hereby agree to indemnify and hold harmless NLC against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition or any of the items listed at (a) to (m) above.
THE WEBSITE AND/OR THE INTERACTIVE SYSTEM ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND/OR THE INTERACTIVE SYSTEM ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NLC MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, THE INTERACTIVE SYSTEM, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. NLC ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF NLC, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE. NLC MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE, FACILITIES AND/OR MATERIALS ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE). YOU AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE WEBSITE AND/OR THE INTERACTIVE SYSTEM IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. ALL USE BY YOU OF THE WEBSITE AND THE INTERACTIVE SYSTEM IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES OR MATERIALS PROVIDED ON THE WEBSITE. YOU AGREE THAT NLC AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO NLC WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
Limitation Of Liability
To the maximum extent permitted by applicable law, neither NLC nor any of its officers, directors, employees, agents, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of the Website or the Interactive System including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if NLC has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall NLC nor any of its officers, directors, agents, employees, affiliates or other representatives be liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the Website and/or the Interactive System, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall NLC or any of its officers, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, delays, losses, errors or omissions made by the postal or other delivery services or the banking system, or the non-performance of a third party.
NLC does not exclude liability for fraud or for death or personal injury caused by our negligence (or that of our employees or authorised representatives).
In any event, your sole remedy under these Terms and Conditions will be the reimbursement to you of the monies paid by you in respect of the relevant Game.
You agree to defend, indemnify and hold NLC (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates and any of our third party information service providers) harmless against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website and/or or the Interactive System, including but not limited to posting content on the Website, playing Games on the Website, infringing any third party‟s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions. Intellectual Property Rights The information, content, graphics, text, sounds, images, buttons, trade marks, get up, service marks, trade names and logos (the "Materials") contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. You are granted a limited licence solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this Website, and to download the Materials contained on this Website to a single personal computer, and to print a single hard copy of the Materials contained on this Website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional on your agreement to, and compliance with the Terms and Conditions. Any other use of the Materials on this Website, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of NLC, is strictly prohibited and is in violation of the proprietary rights of NLC.
Other rules may apply to certain software and other items provided as part of this Website. Any special rules will be listed as “legal notices” on our Website and are incorporated into these Terms and Conditions by this reference. All software that is made available for downloading from our Website (“Software”) is protected by copyright and may be protected by other rights. You may only use such Software for the purposes of using this Website, and may not copy, reproduce, distribute or create derivative works based on the Software. Except as expressly permitted by applicable law, you agree not to dissemble or otherwise reverse engineer any of the Software for any reason, or permit any third party to do so. The use of such Software may also be governed by the terms in the software licence agreement or applicable “legal notice” accompanying such Software. The downloading and use of such Software is conditional on your agreement to be bound by the terms of the relevant software licence agreement or designated “legal notice”.
Hypertext links to this Website are prohibited without the prior written consent of NLC
National Lottery (and logo) and all other trade marks and logos registered by NLC are trade marks of NLC. All other trademarks, service marks, trade names and logos contained in this Website belong to their respective owners. NLC and/or its licensors (as the case may be) retains all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of NLC, its affiliates or any third party.
Although NLC endeavours to ensure the Website and the Interactive System are available during gaming hours as determined by the NLC from time to time, there may be occasions when interruption to the Website and/or the Interactive System may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that NLC shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website and/or the Interactive System.
Links to other Websites
NLC makes no representations, warranties or undertakings about any content of or information on any other Website referred to or accessed by hypertext link through this Website or from which this Website is referred to or accessed by hypertext link ("third party site"). NLC does not endorse or approve the content of any third party site, nor will NLC have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded. Nor can NLC guarantee that the controller of any third party Website will respect your privacy in the same manner as NLC.
Amendment of Terms
NLC reserves the right to change the content, presentation, performance, use and facilities and availability of any part of this Website and/or the Interactive System at its sole discretion and without liability to you, including the Terms and Conditions and you should check these Terms and Conditions regularly for any changes.
Occasionally NLC may:
(a) change the technical specifications of the Website and/or the Interactive System or any portion thereof; or
(b) suspend the Website and/or the Interactive System or any portion thereof for operational reasons such as repair, maintenance or improvement of the Website and/or the Interactive System or any portion thereof or because of an emergency; or
(c) change the system resource limits applicable to your use of the Website and/or the Interactive System or any portion thereof.
If We change these Terms and Conditions you will be notified of the changes and the next time you access the Website asked whether or not you accept the revised Terms and Conditions.
The failure of NLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and Conditions (incorporating the Game Rules and Interactive Privacy Statement) represent the entire understanding and agreement between you and NLC relating to use of this Website, and supersede any and all prior statements, understandings or agreements whether oral or written. Privacy Statement We respect and protect the privacy of the individuals who access and use this Website. For full details of the type of information We collect, how We use it and under what circumstances We disclose information, please read the NLC Interactive Privacy Statement, which is hereby incorporated into and forms part of these Terms and Conditions.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of NLC, and without prejudice to the right of NLC to take proceedings in relation to the Terms and Conditions before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with the Terms and Conditions, and for such purposes you irrevocably submit to the exclusive jurisdiction of such courts.
PART II – FOR REGISTERED USERS ONLY
To go directly to the page containing all defined terms used herein, please click here.
1. TERMS AND CONDITIONS
(a) The Terms and Conditions, the NLC Interactive Privacy Statement, the Game Rules and the statements and explanations appearing on the applicable Game Details Screen constitute the entire agreement between You and the Company in relation to Your Player Account and Your playing of Games.
(b) In the event of any conflict or inconsistency between the various documents set out at (a) above, the order of precedence is:
(i) these Terms and Conditions;
(ii) the applicable Game Rules;
(iii) the NLC Interactive Privacy Statement;
(iv) the statements and explanations appearing on the applicable Game Details Screen.
(c) We may modify or change these Terms and Conditions and/or any Game Rules from time to time. Any such changes shall be effective from the time that the changed Terms and Conditions are posted on the Company‟s Website and shall be binding on Players. If We change these Terms and Conditions You will be notified of the changes and the next time You access the Website asked whether or not You accept the revised Terms and Conditions.
(d) You should also note that any changes to these Terms and Conditions and/or any Game Rules will apply to any procedures in place relating to claiming Prizes, even if You have won a Prize prior to such changes.
(e) We may from time to time limit the activity and/or financial expenditure of any and/or all Players. Such limits as may be imposed by NLC at its sole discretion may be varied in respect of any individual Player or in respect of all Players.
2. PLAYER REGISTRATION
In order to register with Us, We will need certain information from You, including information from which Your identity can be established. You agree to ensure that such information is true, accurate, up to date and is kept complete on an ongoing basis. Your failure to comply with this clause constitutes a breach of these Terms and Conditions and may result in, among other penalties, immediate termination or suspension of Your account and Your right to use this Website. You agree that NLC may take reasonable measures to verify the information You have provided in accordance with the NLC Interactive Privacy Statement.
(1) Registration Criteria
You may not open a Player Account unless and until You:
(i) are resident in the Republic of Ireland;
(ii) are not a Minor;
(iii) do not already have a Player Account; and
(iv) are an authorised user of a valid debit/credit card, issued by an Irish financial institution, and which has not been reported lost or stolen.
If You do not satisfy these criteria, then You may not proceed with Registration and You may not open a Player Account.
The system will establish the Player‟s eligibility to play Games by requiring a Player to:
(a) tick a box confirming he is eighteen years of age or older and a legal resident of the Republic of Ireland; and
(b) tick a box confirming he has read, understood and agrees to be bound by NLC‟s Interactive Privacy Statement, and these Terms and Conditions.
The Company reserves the right to refuse to pay a Player a Prize payment if the Player and/or his debit/credit card no longer meets the criteria set out above.
(2) How to Register
In order to open a Player Account, You will be required to submit certain information to assist Us in verifying whether You are entitled to register, as set out above in Clause 2 (A)(1). The information that You will be required to supply will include, without limitation, Your:
(a) title, first name, surname;
(c) date of birth;
(e) email address;
(f) own security questions (“Log In Hints”);
(g) game play preferences;
(h) communication preferences;
(i) debit/credit card provider, expiration dates, cardholder name, card number and any other relevant details; and
You will be required to send Us a copy of Your photo ID (Passport or Driving Licence) as outlined in Step 5 of the registration process, or alternatively by mail to:
Freepost PO Box 123
Lower Abbey Street
Once You begin the Registration process You will be assigned an application number. If You encounter problems during Registration, You can contact Customer Support for assistance. Please keep a note of Your application number, as You will need to refer to it for identification purposes when You call Customer Support. You will only be required to use the application number during Registration.
You acknowledge that:
(a) Low Tier Prizes will be paid to Your Wallet;
(b) Mid Tier Prizes will be paid by cheque, stamped “Account Payee Only”, to the address specified in Your Player Account;
(c) High Tier Prizes will be paid by cheque, stamped “Account Payee Only”, at NLC headquarters or a prize claim centre (selected An Post Company Offices), following a validation procedure. When a High Tier Prize claim is made at a prize claim centre (selected An Post Company Offices) We will pay the Prize by cheque, stamped “Account Payee Only”, which will be posted to the address specified in Your Player Account subject to completion of a satisfactory validation process, including but not limited to verification of Your identity;
(d) all Prizes must adhere to the Prize validation requirements set out in Clauses 4 (L ), (M ), (N) and (O) of these Terms and Conditions;
(e) We may ask You for further information both pre and post Registration to verify any aspect of the Registration criteria;
Once We have verified that Your Registration details satisfy our Registration criteria, You will be required to enter a Password, user name and other security information to effect the opening of Your Player Account.
(3) Password Security
(a) In the event that You discover that there has been unauthorised access to Your Player Account, You should inform Us immediately by contacting Customer Support. As You are solely responsible for any and all activities conducted through use of Your Player Account, You should ensure that Your Password is kept confidential at all times. You may not permit another individual to use Your Password and/or Player Account and You are liable for any harm resulting from disclosing or allowing disclosure of any Password or from use by any person of Your Password to gain access to Your Player Account and for any and all charges under Your Player Account, including any unauthorised charges to Your Player Account made by way of access to Your Player Account using Your Password.
(b) You acknowledge that We may investigate any such unauthorised access to Your Player Account. We are not liable to You for any loss or damage You incur arising out of or in connection with such unauthorised access including where the unauthorised access has resulted from Your disclosure of Your Password to third parties, whether by negligence or otherwise.
(c) At no time should You respond to an on-line request for Your Password, except and only when You are prompted by the NLC site in order to gain access to the facilities and/or products and/or services offered by way of this site. If You are in any doubt over any request for Your Password, please contact Customer Support.
(4) New and Lost Passwords
You may change Your Password at any time by accessing the “Manage My Account” section of the Website. In the event that You forget Your Password, We will ask You a reminder question. On answering this question correctly, We will send You a temporary Password to the email address stored on the Interactive System with Your Player Account. The temporary Password will allow You access the Website where, after You log in using the temporary Password, You will be asked to create a new Password.
(B) Processing of Games-Related Information
We process all information provided by You in accordance with the NLC Interactive Privacy Statement.
3. OPERATING YOUR ACCOUNT
(A) Accuracy and Updating of Your information
You should ensure that the information that You have provided to Us during Registration or otherwise is accurate and up to date. In the event that You wish to amend or change any such information, You can do so by accessing the “Manage My Account” section of the Website.
(B) Your Player Account and Play limits
When Your Registration has been successfully completed and Your debit/credit card details have been verified, subject to the provisions of this Clause 3(B), You may credit funds to the Wallet in Your Player Account via the Website.
We will only credit the Wallet in Your Player Account once We have received authorisation from Your financial institution. You may only credit the Wallet in Your Player Account up to a maximum value that We may specify from time to time and details of which will be made available on the Website. You are not permitted to credit the Wallet in Your Player Account with an amount less than a minimum figure which We will also specify from time to time on the Website.
In addition, You may adjust Your Player Account settings to limit the Games that You may play and the amount in aggregate that You may spend on certain types of Games. In any event, Your expenditure on Games will be subject to a daily maximum limit of €75, a weekly maximum limit of €300 and a monthly maximum limit of €900. We reserve the right to vary the daily, weekly and monthly maximum expenditure limits on Your Player Account from time to time.
You may at any time withdraw all or any Unutilised Funds from the Wallet in Your Player Account by following the relevant instructions on the “Manage My Wallet” section of the Website. We will then issue such funds to You by cheque, stamped “Account Payee Only”, or by other means that We deem appropriate.
You may only purchase Plays up to the amount available in the Wallet in Your Player Account. In any event, the amount in the Wallet in Your Player Account shall not exceed €750 at any one time or such other sum as We may specify to You from time to time.
A Player will not receive or be entitled to interest on any funds or prizes associated with his Account.
(C) Unauthorised Use of Debit/Credit Cards
If You notify Your financial institution that unauthorised use of Your debit/credit card has been undertaken in relation to Your Player Account and the financial institution requests that the relevant sums be returned by the Company to Your financial institution‟s account (chargeback), the Company will suspend Your Player Account and ask You to contact Customer Support. The Company reserves the right to debit Your Player Account with the amount of the chargeback together with any funds that have been used to purchase Plays and which are subject to that chargeback. If that debit results in a negative balance in Your Player Account, the Company reserves the right to recover that balance from You and You will not be able to make any further Plays unless and until the balance has been so recovered.
(D) Accessing Your Player Account and Game History
You may access information in relation to Your Player Account by accessing the “Manage My Account” section of the Website. You will also be able to access certain data from the Website relating to Your previous ninety (90) days Game play.
(E) Expiry of Your Debit/Credit Card
If at any time during which You maintain a Player Account, Your debit/credit card expires, You should update Your debit/credit card details on the “Manage My Wallet” section of the Website with any new debit/credit card details. However, in the event that Your debit/credit card does expire and You have not updated Your details, We will use our reasonable endeavours to return any Unutilised Funds in Your Wallet to You by cheque, stamped “Account Payee Only”, or by any other means as We may deem appropriate.
(F) Terminating, varying or suspending Your Player Account
(1) We may, in our sole discretion, terminate, vary or suspend Your Player Account in the following circumstances if:
(a) You or a third party acting on Your behalf register or operate more than one Player Account at any one time;
(b) any information that You provide to Us in order to effect Registration of Your Player Account is fraudulent, false, inaccurate, incomplete or not up to date;
(c) You have committed a material breach of these Terms and Conditions.
(2) We may terminate, vary or suspend Your access to Your Player Account, the Interactive System or to the Games without notifying You in advance if:
(a) We need to perform essential repair or maintenance work or upgrades on the Interactive System; or
(b) for any reason, We no longer provide the Games, or other functionalities such as Player Accounts or access to the Interactive System; or
(c) We, in our sole discretion, deem it necessary.
(3) In the event that We terminate Your Player Account, We will return any Unutilised Funds to You in accordance with Clause 3(G).
(G) Closing Your Player Account
If You wish to close Your Player Account, You may do so by accessing the “Manage My Account” section of the Website. If Your Player Account remains unused for a continuous period of more than 365 days then We may suspend and/or terminate Your account. On termination of Your Player Account We will then return any Unutilised Funds to You by cheque, stamped “Account Payee Only”, or return by other means, as We may deem appropriate. We will use reasonable endeavours to contact You, however if for any reason We are unable to contact You, any Unutilised Funds due to You will be available to You for a period of six years after Your Player Account has been closed. Any Unutilised Funds due to You which have not been claimed within this six year period cannot be claimed by You on expiry of this six year period.
4. INTERACTIVE GAME GENERAL RULES
The Interactive Game General Rules are supplemental to any Game Rules and We strongly recommend that You read both these Interactive Game General Rules and any relevant Game Rules before playing any Game. All NLC games and lotteries are subject to and governed by the Act and any General Rules for the National Lottery, and/or the Terms and Conditions and/or any applicable Game Rules in force from time to time, and in using this Website You are agreeing to be bound by the provisions thereof. NLC reserves the right to alter and amend the terms and conditions applying to any Game as required from time to time in order to comply with any applicable legislation and/or rules. Game Rules are posted on this Website, and are also available from NLC‟s headquarters at Abbey Street Lower, Dublin.
(A) Sale of Interactive Game Plays
The cost of playing a Game will be set out in the relevant Game Rules. You can purchase a Play for a Game by using the Unutilised Funds in the Wallet in Your Player Account.
(B) Try for Free Games
For the avoidance of doubt, You are not entitled to any Prizes when You play Try for Free Games that We may offer to registered Players from time to time on the Website.
(C) Restrictions on Purchase and Prize Payment
(1) You acknowledge that the following individuals are not entitled to purchase Plays, nor will any Prize be issued to such individuals:
(a) any Minor whether acting on his own behalf or on behalf of another person;
(b) any member of the Company board of directors;
(c) any officer or employee of the Company other than those employees who purchase Plays solely in order to test the Interactive System and, in particular, the Registration process;
(d) any contractor or subcontractor involved in the development, support and/or maintenance of the Interactive System or Website;
(e) any person prohibited by the National Lottery Act 1986;
(f) any person who holds a Player Account on the basis of which they are prohibited from playing the Games or receiving a Prize (including, without limitation, a person whose Account has been suspended or terminated);
(g) any person who is not permitted to play the Games under the law of the jurisdiction in which they are located;
(h) any person who does not meet the criteria set out in Clause 2(A)(1) of these Terms and Conditions; and
(i) such other persons or category of persons as We may determine from time to time.
(2) We reserve the right at our sole discretion to limit the amount of Plays available to You or to refuse to sell any Plays to You.
(3) The Company may, at its sole discretion, limit the Plays playable by, or refuse to sell Plays to, any person or persons without giving reasons, but which may include circumstances in which, in its view, that person or persons is or are playing in a manner which it deems to be interfering with other Players' or potential Players' reasonable access to the relevant Game(s).
(D) Play Method for an Interactive Game
(1) The play method for each Game is that indicated on the Website and in the relevant Game Rules and the Game Details Screen for that Game.
(2) You may not enter into any agreement for the issue of a Play or Plays (or for the giving of a Prize) otherwise than in accordance with these Terms and Conditions and any applicable Game Rules.
(E) Outcome Determination for Interactive Instant Games
(1) By registering to open a Player Account and playing Games You acknowledge that:
(a) the Games are games of chance; and
(b) the outcome of a Play in the case of any of the Games is pre-determined by the Interactive System; and
(c) You do not exercise any skill or judgement in playing Games; and
(d) in the case of the Games, the Interactive System distributes Plays based on the probabilities within the Prize Structure and not from a limited pool or range of Plays; and
(e) chances of winning a Prize in each Prize Tier for a Game are identical chances of winning a Prize in each Prize Tier for a Game are identical for each Play in that Game and Your chances of winning are not affected by Your previous Plays or the number of Prizes previously paid either to You or to others in respect of that Game.
(F) Game Rules for Interactive Instant Games
The Game Rules for each Interactive Instant Game will contain at least the following information:
(a) the name of the Game;
(b) price per Play;
(c) purchase and Prize restrictions;
(d) game entry mechanism;
(e) determination of Prizes;
(f) payment of Prizes; and
(g) approximate odds of winning a Prize in that Game.
(G) Interactive Instant Games Not Played by the Closing Date
If You purchase a Play but do not complete that Play by the closing date within which Prizes can be claimed in respect of that Game or the relevant Game is terminated for any reason, the Interactive System will automatically play out that Play. If a Low Tier Prize is won when the Interactive System plays out a Play, then that Prize will be paid directly into Your Player Wallet. If a Mid Tier Prize is won when the Interactive System plays out a Play, then that Prize will be paid by cheque, stamped “Account Payee Only”, and posted to the address specified in Your Player Account. If a High Tier Prize is won when the Interactive System plays out a Play, You will be notified and may redeem the Prize, paid by cheque, stamped “Account Payee Only”, at NLC headquarters or a prize claim centre (selected An Post Company Offices).
(H) Termination of Game
(1) We may at any time, at our own discretion, announce that a Game is to be terminated.
(2) We will display any termination dates for a Game on the Website. Each notice will contain the following information: -
(a) the name of the Game;
(b) the termination date for the Game; and
(c) the closing date within which Prizes can be claimed in respect of that Game (where relevant).
We will not publicise any details of any Prize winner without obtaining the prior consent of that person.
(J) Prize Validation Exceptions
(1) Before any Prize can be paid it must be validated in accordance with our Prize validation requirements as set out in clause 4 (L), (M), (N) and (O). Without prejudice, We reserve the right to declare a Prize claim invalid, and not to pay any Prize if:
(i) the Prize claim is the result of an act perpetrated by a Claimant or other person which was intended to increase the chances of that Claimant and/or other person winning a Prize in that Game above those enjoyed by other Players of the Game, [or to increase that Prize]; or
(ii) the Prize claim is counterfeit, has been forged in whole or in part or fails to pass the Company's confidential validation and security tests; or
(iii) the Prize claim is not received by Us within the relevant time limits for claims; or
(iv) the Play Number of a Prize on a particular Game does not appear on our file of Valid Winning Plays or the relevant Prize in relation to the Valid Winning Play with that Play Number has been paid previously; or
(v) the details associated with the Play Number of a Prize claim do not match our file relating to that Play Number; or
(vi) We reasonably believe that a claimed Prize was purchased by a person prohibited under the Game Rules from purchasing Plays; or
(vii) We reasonably believe that the person claiming the Prize is not the holder of the relevant Player Account or his duly authorised representative or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or
(viii) We have not issued or sold the Play; or
(ix) the Play is not a legitimate Play; or
(x) the Play Number, Play Symbols and Captions (where applicable) or any other unique feature of the Prize claim do not correspond precisely with those on the Interactive System in respect of the Game to which the Prize claim relates and/or the Prize claim is defective, in whole or in part in any other way; or
(xi) the outcome of an Interactive Instant Game Play as displayed on the relevant page of the Website is inconsistent with the result of that Play as predetermined by the Interactive System; or
(xii) for Interactive Instant Games, the distribution, frequency or amounts of Prizes materially differ from that set out in the Prize Structure for a particular Game.
(2) You are only entitled to claim the Prize(s) for which the Valid Winning Play is eligible and not any other Prize or any otherwise unclaimed Prize for that Game.
(3) We reserve the right to withhold payment of a Prize until We are entirely satisfied as to the validity of a Play and that You have not breached any of these Terms and Conditions and have complied in all respects with the Game Rules, and We reserve the right to call for proof of entitlement to a Prize (including, without limit, proof of identity and capacity to claim) and to recover a Prize already incorrectly paid into the Wallet in a Player's Account.
(4) We reserve the right to photograph You or any Claimant for security purposes.
(K) Responsibility for Plays
(1) You are responsible for the safe custody of any information required to make a claim on a particular Play including, without limitation, the relevant Play Number. Failure by a Player to produce such Identification Information as We require on claiming a Prize will result in refusal by the Company to pay the Prize.
(2) You are responsible for claiming and checking that, in the event You receive a Prize, the monetary amount You receive is equivalent to that Prize.
(L) Prize Payment
(1) Your eligibility to win a Prize is subject to the Prize Validation Exceptions described at Clause 4(J).
(2) Subject to the provisions of these Rules:
(a) We will credit Your Player Wallet with a Low Tier Prize;
(b) We will pay Mid Tier Prizes by cheque, stamped “Account Payee Only”, which will be posted to the address specified in Your Player Account;
(c) You will need to claim any High Tier Prize by attending in person at the Company headquarters or a prize claim centre (selected An Post Company Offices) and We will pay such Prizes subject to completion of a satisfactory validation process, including but not limited to verification of Your identity. When a High Tier Prize claim is made at a prize claim centre (selected An Post Company Offices) We will pay the Prize by cheque, stamped “Account Payee Only”, which will be posted to the address specified in Your Player Account subject to completion of a satisfactory validation process, including but not limited to verification of Your identity;
(d) High Tier Prizes must be claimed within 90 days of the relevant Draw for Draw-Based Games Played Interactively, or within 90 days from the date the Play was purchased for Interactive Instant Games;
(e) If the High Tier Prize remains unclaimed after 60 days We will use reasonable endeavours to contact You, however if for any reason We are unable to contact You, the Prize not claimed within the 90 day period in the manner specified in these Terms and Conditions shall, at the discretion of the Company, be forfeited and the unclaimed prize money shall be allocated to future National Lottery Games;
(f) In the case of Advance Plays for Draw Based Games Played Interactively, the time limit will expire 90 days after the last Draw date for which the Play is eligible.
If You wish to claim a Prize in person, You must present the completed Prize Claim Form and any other Identification Information that We may require (including, without limitation, the relevant Play Number) at our headquarters within the 90 days referred to above.
In the event that a single Play contains multiple winning Plays, the Prize amounts shall be aggregated for the purpose of calculating the total Prize payment amount for that Play and shall be paid in accordance with the Prize payment arrangement specified for that Prize Tier.
(M) Use of Prize Claim Forms
(1) We will require the completion of a Prize Claim Form for any High Tier Prize and reserve the right to require the completion of a Prize Claim Form for Low Tier Prizes and Mid Tier Prizes.
(2) All Prize Claim Forms must be completed in the name of, and signed by, the relevant Player Account holder and submitted with such Identification Information that We will require and specify from time to time. We reserve the right to withhold payment of Prizes where the Prize Claim Form is incomplete or is not submitted with the required documentation.
(3) Notwithstanding Clause 4(M)(2) above, if You are unable to complete a Prize Claim Form due to some legal, physical or other disability, please contact Us and We will make other arrangements on Your behalf.
(4) If You sign a Prize Claim Form, You warrant and represent that You are entitled to claim that Prize and that the information contained in the Prize Claim Form is accurate and complete. You agree to indemnify Us and keep Us indemnified against all loss, liabilities, damages and expenses (including legal and other professional costs and expenses) arising out of or in connection with any breach of this warranty.
(5) If the information submitted by You on a Prize Claim Form differs from or is inconsistent with the information contained on Your Player Account, We may investigate such difference and/or such inconsistency and retain any Prize until such time We are satisfied that You are entitled to such Prize.
(N) Payment to Prize Winners in Person and/or by Post
(1) Without prejudice to clause 4 (L), We reserve the right to pay Prizes by cheque and/or by any other method that We may approve from time to time. All cheques will be stamped “Account Payee Only”.
(2) We are not liable to You where a third party has claimed a Prize by impersonating You or by otherwise assuming Your identity.
(3) Under no circumstances will any confirmation that You have purchased a Play be evidence that You are entitled to a Prize.
(4) We reserve the right, at our option, to withhold or recover Prizes (as appropriate) in the following circumstances:
(a) where You are not entitled under law or under these Terms and Conditions to that Prize; or
(b) Your Prize claim is invalid or defective in any other way; or
(c) any Prize is defective in any way.
In such circumstances, We may undertake appropriate investigations and, in the event that We determine that You are lawfully entitled, to the relevant Prize, We shall credit the amount of that Prize to the Wallet in Your Player Account or pay the relevant amount to You in accordance with the provisions of clause 4 (L) without any interest provisions.
(O) Payment to Persons Under a Legal or Other Disability
We will make any relevant payments required under these Terms and Conditions to Your duly authorised representative if You are under a legal or other disability.
We may apply to a court of competent jurisdiction to determine the lawful payee in any particular case.
(A) Provision and use of Player Equipment
(1) You must provide all relevant equipment and technology necessary to play the Games, access Your Player Account and the Website. We shall not be liable to You for any failure by You to provide such equipment.
(B) Other Jurisdictions
You acknowledge that there are certain jurisdictions within which it is unlawful to convey the Games and You warrant and undertake that You are not located in any such jurisdiction while playing any Game. In the event that We discover that You have played any Game while located in a jurisdiction in which such Game Play is unlawful, We will immediately terminate Your Player Account.
(C) Use of Content
(1) Copyright and all other intellectual property rights, and any trademarks to and in the Website, the Interactive System and the Games vest in the Company and We retain all right(s), title(s) and interest(s) and intellectual property right(s) in such materials.
(2) You acknowledge that Your use of the Website and any of its facilities and/or services are for Your personal and non-commercial use only. In particular, You agree not to copy, modify, transmit, display, produce, re-produce, licence, publish, create derivative work from, transfer or sell any information, software, products and services contained on or forming part of the Website, the Interactive System or the Games. You agree, to the maximum extent permitted by law, not to reverse engineer or decompile (either in whole or in part) any software used in connection with the Website and/or the Games.
(D) Warranties and Indemnities
You warrant and undertake that You will only use Your Player Account, play the Games or otherwise use the Website in accordance with these Terms and Conditions and, in particular, You will not:
(a) use the Website or any of the services available via the Website in any manner that could damage, disable, overburden or impair the Website, the Interactive System or the Games, or interfere with any other party‟s use of this Website, the Interactive System or the Games;
(b) use the Website to transmit, access or receive any obscene, pornographic, threatening, racist, abusive, unlawful, libellous, or defamatory content or any content which is in breach of any intellectual property right or might otherwise be objectionable; and
(c) use the Website to hack into any computer system or otherwise gain unauthorised access to that system, deliver, spam or chain mails or other junk mail, or to facilitate or operate any pyramid scheme;
You agree to indemnify and hold harmless the Company and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, suppliers or other representatives, against any and all claims, demands, losses, expenses, damages and costs, including legal costs, however arising, resulting from any violation or breach by You of Clause 5(D).
(1) Nothing in these Terms and Conditions shall exclude or limit any person's liability for (a) fraud; (b) death or personal injury caused by its negligence.
(2) You acknowledge that there may be circumstances in which We may declare a Play or Game to be defective. In such circumstances, Your relevant Plays of that Game and all relevant Prizes that You have won shall be void and We shall either:
(a) give You an opportunity to play another Play of equivalent price; or
(b) refund You the sums paid by You in purchasing the defective Play or claimed Play.
(3) You do not have the right to cancel a Play and no refunds will be given in any circumstances.
(4) You acknowledge that We are not liable to You under or in connection with these Terms and Conditions for the following losses or damage (even if reasonably foreseeable):
(a) economic loss, including, all loss of profits, business, revenue, goodwill or anticipated savings; and
(b) direct, special, indirect or consequential loss.
(5) In addition, You acknowledge that We are not liable to You for any event that is beyond our reasonable control, including an act of God, war, riot, civil commotion, malicious damage, robbery, death or serious illness, strike or industrial disputes, or accident, fire, flood or storm, (including in the case of each of the foregoing in relation to our employees or sub-contractors).
(F) Our decisions are binding
(1) Our decisions as to whether or not a Play is a Valid Winning Play or in respect of any other matter or dispute arising from the payment or awarding or non-payment or non-awarding of Prizes is final and binding on You and upon all Players and/or any other person or persons having any interest in the matter or dispute.
(2) Subject to Clause 5(E)(2), Your sole remedy in respect of any breach by Us of these Terms and Conditions shall be, at our option, either to reimburse the cost of the disputed Play, or to replace the disputed Play with a Play of equivalent price.
(1) Players may not assign (in whole or in part) their obligations under these Terms and Conditions. Any breach of the prohibition on assignment may result in the use of a Player's Account, the provision of Games and/or access to the Interactive System being terminated by the Company forthwith. The Company may assign these Terms and Conditions in whole or in part to any third party at its sole discretion.
(2) These Terms and Conditions and the rights and obligations of the Company and Players set out herein shall be governed by and construed in all respects in accordance with the laws of the Republic of Ireland and You hereby submit to the exclusive jurisdiction of the Irish courts.
(3) In these Terms and Conditions where the context admits: -
(a) References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and shall include references to any provisions of which they are re-enactments (whether with or without modification).
(b) References to the singular include the plural and references to the plural include the singular; and references to the male include the female and references to the female include the male.
(4) NLC is entitled, in its absolute discretion, to waive certain technical or contractual non-compliance by a Player. The Player in such circumstances will be bound by NLC's decision which will be final. Neither that Player nor any other Player shall be entitled to bring proceedings against the NLC in such circumstances notwithstanding any consequential financial or other ramifications or alleged ramifications for the Player or any other Player. Each Player acknowledges that the NLC's discretion in this regard is required to permit the NLC to operate a flexible business model notwithstanding any breach or alleged breach of the Terms and Conditions by any Player.
(5) All Game Rules are approved by the Minister for Finance in accordance with Section 28 of the Act. These Terms and Conditions have been approved by the Minister for Finance.
(6) Please address all enquiries relating to these Terms and Conditions to An Post National Lottery Company, Abbey Street Lower, Dublin 1.
(7) A copy of these Terms and Conditions, the NLC Interactive Privacy Statement and any Game Rules may be obtained by telephoning National Lottery Customer Services at 01-8364444, by writing to An Post National Lottery Company, Abbey Street Lower, Dublin 1 or by downloading a copy of the Terms and Conditions and Game Rules from the interactive games Website available via www.lottery.ie
Contact Numbers and Addresses
Phone: 01-8364444 Fax: 01-8366034 International Phone + 353-1-8364444 Complaints or comments should also be directed to the above number.
An Post National Lottery Company Abbey Street Lower Dublin 1
Email for support: email@example.com
Website : www.lottery.ie
National Lottery Headquarters
An Post National Lottery Company Abbey Street Lower Dublin 1 Phone: 01-8364444 Fax: 01-8366034 International Phone + 353-1-8364444