1.1. The INNOVANT LTD – hereinafter referred to as “Lottery24.com” – arranges the participation in events of state lottery companies for the lottery participants. On the basis of this arrangement by Lottery24.com, the lottery participants can take part in the events of state lottery companies. Lottery24.com always acts towards the state lottery companies in the name, on account and on behalf of the lottery participant.
1.2. Thus on the one hand an agreement to arrange comes into being between the lottery participant and Lottery24.com, on the other hand a playing agreement comes into being between the lottery participant and the respective state lottery company.
1.3. Only the objective general conditions for the arrangement of the participation in events of state lotteries are applicable to the contract relationship between the lottery participant and Lottery24.com; for the playing agreements concluded between the lottery participant and the respective state lottery company by the arrangement of Lottery24.com, the general terms and conditions of the respective state lottery company are applicable.
1.4. In case a lottery participant wants to establish a lottery players association through Lottery24.com, the special business conditions of Lottery24.com for lottery players associations are applicable.
2. Agency by Lottery24.com
2.1. The lottery participant authorises Lottery24.com to submit the lottery tickets transmitted by him through the Internet to Lottery24.com to the respective state lottery company, at which the lottery participant wants to play. The lottery participant further authorises Lottery24.com expressly to collect the possible winnings linked to these lottery tickets from the respective state lottery. Lottery24.com is authorised to make use of a trustee.
2.2. The general conditions for the arrangement of participation in events of state lotteries, in the version in effect at the time that the tip is submitted, become part of the agreement. The participant first accepts them as binding with his registration and thereafter for the submission of each tip, no later than with the submission of his lottery ticket. These conditions can be viewed at the Lottery24.com Web site and printed out. This also applies to any changes of and additions to the general terms and conditions, as well as for special terms and conditions and other notices.
2.3. Persons less than 18 years of age are excluded from the arrangement of participation in events of state lotteries, unless other legal regulations prevail in the country of origin of these lottery participants in this regard. In this case these legal regulations of the country of origin of the lottery participant are applicable.
2.4. The general terms and conditions of the respective state lottery company with regard to the age of the lottery participant apply to the contents of the playing agreement to be concluded with the respective state lottery company.
2.5. Any lottery participant can be excluded by Lottery24.com from the arrangement of participation in events of state lotteries without giving any reasons. Lottery24.com will effect such an exclusion, especially if the fixed limit of the virtual customer account is exceeded, if the cover of the virtual customer account isn’t given, if a credit rating has turned out to be negative or if the player has registered himself more than once.
2.6. Lottery24.com is entitled to change the pool limit any time – even individually for each lottery participant.
2.7. The lottery participant has to declare that his participation doesn’t violate the laws of his country of origin and he is therefore entitled to participate.
2.8 After a period of 3 months, as of the respective drawing, Lottery24.com is entitled to destroy the original ticket receipts.
3. Registration and Placing of Orders
3.1. Before placing the first order, the lottery participant must register himself by electronic means in accordance with the established procedures, furnishing the data required to process the order. Thereby he receives his personal customer number (“ID”). At the time of registration a virtual customer account is opened for the lottery participant. While registering himself the lottery participant chooses a valid e-mail address as well as any password as access parameters for logging in. This password can be changed later by the lottery participant whenever he wishes. A multiple registration by a lottery participant is not permitted. Lottery24.com reserves the right to deny registration to anyone without giving any reasons.
3.2. The duration of the lottery participation is fixed by the lottery participant in the context of the specifications of the respective draw.
3.3. Stakes and fees are collected in advance at the start of the corresponding term for all selected draws during the desired term.
3.4. For the acceptance of the lottery ticket, Lottery24.com will pass on the ticket to the according national lottery. A pre-requisite to do so is that the virtual account of the customer has sufficient funds to cover the ticket price and its fees.
Each ticket will depending on its progress have a status. In “My Numbers” the status of each ticket can be found.
A list of possible status
Status A: The ticket has been paid.
Status B: The ticket will be or has been forwarded within the Euro area.
Status C: The ticket will be or has been forwarded to the UK national lottery.
Status D: The ticket has been forwarded to the relevant national lottery and will be taking place.
Status E: The ticket has participated.
The change of status occurs shortly after action has taken place.
The order is accepted when Lottery24.com sets the status on its website to Status B or C. The customer waives any further acceptance statements from Lottery24.com.
3.5 Lottery24.com offers it’s customers the possibility to cancel subscriptions before the next billing period manually through “My Numbers”. Should the customer not want to use the mentioned facility and cancel by email, it will be cancelled manually by our staff and becomes effective from the date of the cancellation confirmation by our staff to the customer.
4. Conclusion of the Playing Agreement
4.1. After an order is placed, Lottery24.com, as representative of the lottery participant, forwards the lottery ticket to the respective lottery association. If the state lottery company accepts the offer of conclusion of the playing agreement submitted by Lottery24.com in the name, on account and on behalf of the lottery participant, it declares this vis-à-vis Lottery24.com which is authorised by the lottery participant to accept such declarations.
4.2. After conclusion of the playing agreement the lottery participant can view his participation confirmation online and/or receive a confirmation by e-mail. If the state lottery company has accepted the playing agreement, the status of the corresponding numbers are set by Lottery24.com to “ticket participating in lottery”. Only if the Status „Ticket takes part“ is shown at the time of the draw, the user is entitled to winnings.
4.3. Should the state lottery company reject the offer transmitted by Lottery24.com in the name, on account and on behalf of the lottery participant, Lottery24.com will notify the lottery participant. In this case no playing agreement has come into existence and the stake and the processing fees are reimbursed to the lottery participant.
If, due to an error by Lottery24.com, the offer transmitted by the lottery participant is not passed on or not passed on correctly or not completely by Lottery24.com to the state lottery company, Lottery24.com is liable only in case of gross negligence. In such a case Lottery24.com reimburses the stake paid by the lottery participant. Furthermore, in such a case, if it turns out that on correct transmission of the offer of the lottery participant to the state lottery the lottery participant would have won, half of the lost winnings, but not more than Euro 5,000, will be paid out to the lottery participant.
4.4. Lottery24.com does not accept liability of any kind in case of non-acceptance of the offer of the lottery participant by the respective state lottery company. Furthermore Lottery24.com does not accept liability of any kind for mistakes in the area of the respective state lottery company.
4.5. After conclusion of a playing agreement the lottery participant can view the order placed as well as the numbers put in for him on the web page of Lottery24.com.
4.6 All offered products, that are state lotteries, will be forwarded to a licensed agent or directly to the organizer of the lottery.
4.7 Winnings from lotteries that do not directly pay out in euro, will be converted when deposited on the customer’s virtual customer account or transferred at the current date’s daily rate. The deposit onto the virtual account will in these cases be on the value date.
5. Final Acceptance
5.1. Lottery24.com fixes its own final acceptance time for the arrangement of the participation in events of state lotteries, independent of the final acceptance times of the state lotteries for the respective events. Offers of the lottery participant reaching after this deadline are valid for the next draw.
6.1. Only the prices quoted in the product details at the time of the submission of the tips are valid.
7. Payment Transactions
7.1. Lottery24.com sets up a virtual customer account for each lottery participant, which must cover the amount of the stake and fees incurred prior to forwarding the lottery ticket to the respective state lottery company. In case of insufficient balance in the virtual customer account, Lottery24.com will transmit the lottery tickets to the state lottery company in accordance with the available coverage in chronological order of their submission to Lottery24.com.
7.2. Lottery tickets of the lottery participant, which are not or only partially covered at the time of submission are not transmitted. The corresponding order from the lottery participant is not accepted and it lapses, even if cover is available at a later time.
7.3. Payments into the virtual customer account for submission of lottery tickets can be made either by credit card or by bank transfer.
8. Payment by Credit Card
8.1. Amounts which are paid by the lottery participant by credit card are credited to the virtual customer account. Deposits once made by credit card into the virtual customer account must be used for stake money and may not be transferred to another account or used for other purposes.
9. Payment by Bank Transfer
9.1. Bank transfers are only posted after the funds reach Lottery24.com’s collective account and are then credited to the virtual customer account for the placement of stakes. In case of bank transfers only the customer identification number should be given in the field “purpose of payment”. The bank details can be viewed under the menu item “Payment methods”.
9.2. Each lottery participant is entitled to have only one virtual customer account set up.
9.3. All deposits and payments as well as the accounting of the shopping basket are carried out via the virtual customer account of the lottery participant.
9.4. The lottery participant is entitled to receive a payout of the balance or part thereof in the virtual customer account at any time, subject to the aforementioned restrictions. The lottery participant receives the payout by bank transfer to a euro bank account designated by him, which correspondingly discharges the debt of Lottery24.com. There is no obligation for Lottery24.com to verify the bona fides of the account holder. For simple deposits and withdrawals without reference to a concrete lottery participation, a 5% handling charge applies.
9.4.1. The game participant is entitled to have the credit balance or part of the credit balance in his virtual customer account paid out at any time, subject to the restrictions specified above. Amounts under € 5.00 are not paid out due to the disproportionately high costs involved. The game participant receives the payout amount via a bank transfer to a Euro bank account specified by him, which fully discharges the debt of Lottery 24. Lottery 24 is not obligated to verify the account holder’s entitlement.
9.4.2. The cost of purchases shall be covered firstly by payments of any kind made up to that point and secondly by any winnings. Payments cannot be reclaimed; the game participant may only request the payout of winnings.
9.4.3. Payments and / or credit card payments are generally not redeemed in cash. Should a payment have been made in error, please proceed as follows:
For credit card payments using VISA, a copy of the front of the VISA card used and a certified copy of the cardholder’s ID must be submitted to Lottery 24; the game participant must personally contact Lottery 24 customer service.
In case of credit card payments with MasterCard or Diner’s Club, Lottery 24 will refund the desired amount to the original card in the form of a credit. The credit will be processed immediately upon request provided there is a credible explanation that an error has been made.
In case of PayPal payments, Lottery 24 will refund the desired amount to the same PayPal account in the form of a credit. The credit will be processed immediately upon request provided there is a credible explanation that an error has been made.
If erroneous payments are made to the virtual customer account by bank transfer, any possible payouts shall be transferred to the same bank account only.
9.4.4. With regard to all instances at 9.4.3 above, unless otherwise agreed, where repayment is approved a flat rate 5% handling fee shall be charged and the payment made 31 days later. It is further agreed that the sum in question must be in excess of €25.00 in view of the otherwise disproportionate costs previously mentioned.
9.5. For security reasons, amounts over EUR 1,000 are only paid out upon receipt of a copy of the participant’s identification card (front and back) and of the bank and account details in writing. In these cases, the name of the person and the date of birth must match the registered information.
9.6. Lottery24.com bears the proportionate cost of an EU standard bank transfer (payments up to a maximum amount of euro 50,000 within the EU from an EUR-account to another EUR-account, specification of the IBAN and the BIC code of the receiver bank, division of charges between transferor and beneficiary), as well as the costs of corresponding inland transfers.
In case of payments of large winnings, i.e. winnings above Euro 50,000, Lottery24.com will charge and deduct payment transaction costs at a flat rate of 0.3%.
9.7. All other bank charges which may arise and special costs of the payment transactions caused additionally by the lottery participant will be debited to the lottery participant.
9.8. Lottery24.com reserves the right to check the validity of the given user data and the creditworthiness of the customers.
9.9. The virtual customer account is closed when a period of one year has elapsed since the last log-in. At least a month before the account is closed, the lottery participant is notified by three e-mails about this process. Should the account have a balance, Lottery24.com pays out the amount immediately on closing the account, provided that details of a valid bank account are known to Lottery24.com. If no valid account information is known to Lottery24.com, any balance in the virtual customer account is collected by Lottery24.com on closure of the account and kept in a collective account for one year. If Lottery24.com receives no bank account details during this year, the credit balance is forfeited in favour of Lottery24.com.
9.10. All winnings are credited directly to the lottery participant’s virtual customer account. Upon the participant’s request, a credit balance can remain for future lottery stakes.
9.11. Winnings can be disbursed to the lottery participant only after payment on the part of the respective lottery company to Lottery24.com. Fees collected for payments by the national lottery will be deducted from winnings. The Italian Lottery administrator currently retains 6% for prizes above 500 EUR. In case of payment of winnings above EUR 1,000, Lottery24.com charges a trustee fee of 2% of the winnings. For payment of winnings above EUR 1,000 Lottery24.com requires a notarised copy of the passport as well as a signed authorisation for the trustee service from the winner.
10. Obligations of the Lottery Participant
10.1. The password for the access-protected area of the Lottery24.com’s Internet offer is to be kept strictly confidential by the lottery participant and changed at regular intervals (at least every 4 weeks). If the lottery participant breaches these duties of care and an unauthorised person gains access to the account because of knowledge of the required password, the consequences are to be borne by the lottery participant.
11. Liability Regulations, Scope and Exclusion of the Liability
11.1. Lottery24.com is liable for the actions of its legal representatives and its vicarious agents only in the event of premeditated action or gross negligence on their part.
11.2. The Liability is limited to direct damages. Lottery24.com is not liable for indirect and/or consequential damages arising from the event causing the damage.
12. Data Protection
12.1. Every lottery participant agrees to the storage of his personal data. He can view this information at any time. With regard to the lottery participant’s personal data, Lottery24.com complies with legal data protection regulations on the basis of the standard of the European Union. The data are treated with strict confidentiality. Only data which is required for the purpose of payment transactions is transferred to financial institutions. The lottery participant agrees that his personal data may be used within the Lottery24.com group.
12.2. Lottery24.com implements necessary technical measures, which are reasonable, to prevent unauthorised third parties from gaining access to the lottery participant’s data. In particular, communication between the lottery participant and the company is encrypted for the log-on and throughout the data exchange until log-off.
13. Applicable Law
13.1. The national law at the place of business of the agent shall apply to this contract and the disputes resulting from it. The court of jurisdiction at the place of business of the agent is the responsible court.
14.1. These general conditions for the arrangement of the participation in events of state lotteries have been written originally in English and translated into other languages from the original. In case of doubt only the English version is exclusively valid and the translations have only an auxiliary function.
Status as on: 26.07.2011
General conditions for
Arrangement of the participation of Players Associations
in events of state lotteries
(GTC– Players Associations)
1.1. INNOVANT LTD, hereinafter referred to as Lottery24.com, brings players together in players associations for playing at state lotteries and then transmits the tips of the players association to the respective state lottery company.
1.2. The general conditions presented here for the arrangement of the participation of players associations in events of state lotteries (GTC players associations) regulate the resulting legal relations between Lottery24.com and the players, between the players with each other and between Lottery24.com and players associations as well as the services to be provided by Lottery24.com in connection with the transmission of the game tips.
2. Validity of the General Conditions for the Arrangement of Participation in Events of State Lotteries (GTC – General).
2.1. The general conditions for the arrangement of the participation in events of state lotteries are mutatis mutandis applicable, as long as no special provisions are provided here. This applies particularly to the registration of players, the required minimum age, the payment transactions, the payment of winnings, the duties of the lottery participant, the liability regulations, the protection of data privacy, the applicable law and the language of the conditions on hand.
3. Establishing Players Associations
3.1. Authorisation of Lottery24.com
By choosing a players association or acquiring the corresponding product by means of shopping basket of the portal, the player authorises Lottery24.com to enter into a contract in his name with other players for establishing a players association.
3.2. Purpose of a Players Association
The exact content or purpose of the players association, particularly the number and type of the tips to be submitted by the players association, the time of lottery participation, the duration of the players associations and the respective share of the individual player arises from the respective product specification.
3.3. Scope of Authorisation
Lottery24.com is authorised to carry out all the legal actions necessary to establish the players association. In particular, Lottery24.com is also authorised to receive the declarations of intent of the other members of the players association. In the event that all shares of a players association cannot be allocated to the players, Lottery24.com is authorised to join this players association, in order to ensure full operation of the players association. In this case Lottery24.com is subject to the same rules as the other players.
3.4. Duration of a Players Association
The duration of a players association is regulated in the product specification.
4. Agency Agreement
4.1. Offer by the Player
Legal basis for establishing the players association(s) is an agency agreement with Lottery24.com. By acquisition of the corresponding product of a lottery players association through the shopping basket of the portal, the player makes an offer to Lottery24.comto conclude an agency agreement. Object of the agency agreement, depending on an actual choice of a corresponding product, is the assistance in establishing players associations, the preparation of the tips of the players association, the forwarding of the tips of the players association and the stakes to a state lottery company, the collection and distribution of the winnings in case of winning and other services (notification in case of winning, etc.) mentioned in the following. The player is obliged by the agency agreement to pay the proportionate share given for the product, which includes the lottery stake and the service fees. The object of the agency agreement on acquisition of a players association share can also be that Lottery24.com submits individual lottery tips for the lottery participant to a state lottery company. As in the case of a normal placement of lottery tips, the lottery participant alone is entitled to the winnings arising from these individual tips. The details can be found in the product information.
4.2. Notification about the Conclusion of the Agreement
After the agreement is concluded, the player receives a confirmation of participation by e-mail, which contains the essential agreement data.
4.3. Duration of the Agency Agreement
The duration of the agency agreement depends on the choice of the acquired product and is specified in the corresponding product description.
5. Conducting the Game
5.1. Development of the System Series
After establishing the players association Lottery24.com develops the system series (combinations of numbers), which have to be used in the name of and on the account of the players associations. A single player / a players association cannot claim that certain lottery series be used or that the player be part of a certain players association. If the object of the acquired players association share is also the placing of individual tips for the lottery participant, Lottery24.com can grant the lottery participant the option of determining the lottery series himself.
5.2. Forwarding of Tips
Lottery24.com forwards the game series developed for the players association in the name and on behalf of the respective players association to the respective state lottery company and pays the lottery stake for the players association. The playing agreement comes into being directly between the respective state lottery company and the individual lottery participants. In case of transmission of individual tips the playing agreement comes into being directly between the respective state lottery company and the lottery participant. On conclusion of the agreement, Lottery24.com accepts the general terms and conditions of the respective state lottery company.
6.1. Claim on Winnings
After acceptance of the submitted lottery tips by the respective state lottery company, the players association acquires the full claim to any winnings. The total winnings of a playing period is distributed to the players in proportion to their shares in the players associations. In case of an integrated individual participation of the lottery participant, he is entitled to the full winnings in the case of a win from an individual tip. The winnings made by a players association or a lottery participant are claimed by Lottery24.com from the respective state lottery company. The player expressly contracts and authorises Lottery24.com to collect the claim. Lottery24.com is authorised to disclose the names of the players to the respective state lottery company and to take all necessary measures for enforcing the claims on the winnings. Lottery24.com accepts the winnings on behalf of the players association and credits them to a collective account.
6.2. Statement of Winnings
After expiry of the term of a players association, the player can look up his statement of winnings online at Lottery24.com. The statement of winnings contains the prize categories and amounts per payout of the players associations of the player and the amount of the personal share of the winnings. The statement of a playing period is considered to be accepted, if no written objections are made within two weeks after receipt of the statement. Proof of the observance of the deadline is the date of the postmark on the letter in which the objection is raised. On each statement, Lottery24.com notifies the player that the statement is considered accepted, if no objection is raised in writing within the aforementioned period.
6.3. Reduction of the Payment Claim in case of Outstanding Claims
Insofar as Lottery24.com has outstanding claims against the player at the time of the payment, Lottery24.com can offset these before payment and pay out only the difference to the player.
7. Information Service
7.1. After conclusion of an agency agreement the player has the right to view the following data on the web site of Lottery24.com:
7.2. The players association or associations of which the player is a member with the respectively placed lottery numbers and total shares.
7.3. The number of shares held by the player per players association.
7.4. Possible individual tips conveyed for the lottery participant.
Status as on: 6-12-2006
Special Terms and Conditions about the Linking to BWIN
(Sports bets, Poker, Casino, Games)
1. Offer of BWIN
The offer in the area of sports bets, casino, games and poker isn’t conveyed by INNOVANT LTD in its own responsibility. INNOVANT LTD has a cooperation agreement with one of the leading providers in this field and provides merely access to the web sites of BWIN www.bwin.com.
The participation in one or several games or bets of BWIN is carried out directly with the organisation making the offer and has in no way anything to do with INNOVANT LTD.
2. The current general Terms and Conditions of BWIN are valid.
3. All deposits and payments will be directly transacted with BWIN and cannot be settled with INNOVANT LTD or with Lottery24.com.
4. Please address all inquiries regarding sports bets, casino, games and poker directly to the respective customer service, which is given on the web site www.bwin.com.
5. INNOVANT LTD rules out any liability which results from participation in the games of BWIN via the portal www.bwin.com or other portals of BWIN.