Particular conditions so you can participate in the "Play for free Euromillions Peña", betting community, within the
lotoluck.com portal web.
Object
The present particular conditions are established in order to provide information to the lotoluck.com website users (hereinafter LotoLuck) who want to participate in the “Play for free Euromillions Peña", betting community, (hereinafter "Peña"), the specific rules that must be considered before subscribing to participate in it.
These Particular Conditions are deposited with the Notary of Barcelona, Illustrious Mr. Javier Garcia Ruiz, with the number 151 of his protocol.
Range
The participation in "Peña" is free for all users except for those from countries where such participation may be forbidden.
Cost for the user
Participation in "Peña" is free.
The ticket of the bet combination is purchased and paid for by LotoLuck and validated by a Spanish official administration of the National Lottery and Gambling Agency (LAE).
Combination bet and game period
The bet combination is for the Euromillions game and is published in the website https://lotoluck.com/juega-euromillones for the Spanish version and in https://lotoluck.com/loto-free for the English one.
The game period to the bet combination will apply from the first to the last day, both inclusive, that is published in the same pages as the bet combination.
Should the bet combination obtain a prize, of any category, before the game period ends, the combination could be replaced for a different one.
In such case, and independently of the amount of the prize, LotoLuck will inform of the change to each of the participants, who will continue participating with the new combination, until the expiration date of the game period subscribed.
Participant Status and Right to the distribution of prizes
The user, having an open account at LotoLuck, acquires the participant status (thereinafter Participant) of the "Peña" immediately after subscribing, actively, by means of the procedure established to such effect in the website.
From the moment each Participant subscribes, he plays with the rest of "Peña" in the draws being held each of the days indicated in the game period and until the end of it.
Consequently, a Participant will have the right to share a prize when this is produced in a draw subsequent to the date and time of its effective subscription.
For all legal intents and purposes, the time zone used for the registration time will be the Spanish one.
Public verification of Participants
The date and time of the subscription will appear, together with other reference data, in the public list of Participants.
No mail address will appear in such list so as to protect the privacy of its members.
Private verification of Participant
After subscribing, each Participant will receive a confirmation email including:
1.- The combination of Euromillions bet.
2.- The date and time of his subscription, which will be decisive in order to have right to the distribution of prizes according to what was stated in the clause “Participant Status and Right to the distribution of prizes” of these Particular Conditions.
If the Participant wouldn’t receive his confirmation email it could be due to, among others, his server has a temporary problem; his mail box is full; our emails are considered as junk mail (spam) for his mail server, etc.
In order to avoid the last option, we reproduce next the notification stated in the page the user opened his account:
"If you have a Gmail, Hotmail, Yahoo or similar mail, or if your Server or mail program has an anti-spam filter you might not receive our Communications of your activity in the portal or they might go into your junk e-mail box.
In order to make sure that you do not have any problems with the account, include the lotoluck domain name in your Safe List, White List or in the Address Book, according to your case."
If the final cause if the problem wasn’t any of the described above, the Participant can use the contact form in the website so we realise of such circumstance and ask for a copy which certifies your subscription.
Prize distribution
We shall only proceed to distribute the prize when the amount to receive by each Participant is the same or higher to one hundred Euros (100€), before the charges arising from the payment process.
The distribution of prizes will be equitable among the total number of Participants who are entitled to share it.
In order to distribute the prize among all the Participants the following action protocol is established:
1.- A Notary shall bear witness of the total number of Participants entitled to be paid and the initial amount applicable to each one.
2.- The administrative Management of the payments will be in charge of the Management Office (hereinafter, The Management Company), created for such purpose, and the amount to receive will be distributed though the channels determined by the Management Company.
The Management Company will be set up with all the legal attributes required by the Spanish law, and it will be the only negotiator before the Participants for everything related to the prizes and its distribution.
3.- The expenses resulting from the Notary intervention, creation and functioning of the Management Company, etc. will be deducted from the principal amount of the prize, being the remaining net quantity the one that shall fix the corresponding amount that each of the Participants will receive.
4.- If the individualized payment should entail any costs, these would be deducted from the part of the prize to be paid to the Participant.
Likewise, it will be the sole responsibility of each Participant to comply with the fiscal and tax requirements that the Spanish law establishes for cashing cash prizes, firstly, and also with those that the law of each of the countries of each Participant has established.
5.- The Management Company shall only recognize as the creditor of the prize to the natural person, owner of the signed e-mail address, except for a decease of this person in which case it will be given to his heir or legal heirs.
6.- The Management Company will contact each Participant by his e-mail address in order to notify the prize, identify unmistakably the person who owns the e-mail account by requiring his ID, NIE or Passport and agree with this person the most convenient procedure for the individualized payment.
7.- Non-emancipated minors or people without legal capacity to act, must be made aware of the fact that in order to cash the prize, the Management Company will require the knowledge and approval of his parents, tutors or legal representatives.
8.- If within one month from the day of the awarded drawing date any of the Participants has been unable to be contacted by the Management Company by reasons non-attributable to the Management Company part (returned e-mails because of a invalid or inexistent e-mail address, full inbox, etc.) such Participant will lose all the entitlement to his part of the prize.
9.- LotoLuck shall be able to oppose to the prize delivery to a particular Participant in case it has been discovered that there was a fraudulent conduct or a failure to comply with the requirements established in the present Particular Conditions or in the Legal Notice of the site.
In this case, Lotoluck reserves the right to remove such Participant from his database without the right of any claim or any compensation, without prejudice to bring action to the court of civil and administrative actions applicable under the Law.
10.- The sum of all prizes that by any reason have not been awarded, will be devoted to a charitable donation to be determined by Lotoluck.
Modification
Lotoluck will be able to modify totally or partially the present Particular Conditions, including, modifying or removing clauses, whenever there is a due cause or force majeure, and commits to publish them in the same place and with the same importance that the current ones.
Duration and termination
The duration of the "Peña" is indefinite. However, Lotoluck will be able to suspend it or terminate it at any time and without notice and, especially, when the management and/or development of the game should be interrupted by technical reasons or any other reasons.
Disclaimer of liability
Lotoluck will not be responsible for the delays, failures, interruptions, suspension or cancellation that can be produced in the access and/or functioning of the "Peña", dues to causes of force majeure or cause beyond its control and, specially, regarding the availability and conditions of Internet which are offered by third-party handlers of the information society services.
Lotoluck assumes no liability for the actions that the Management Company carries out in order to meet fully the sole purpose of distributing the prize.
Lotoluck neither shall assume any liability regarding the fiscal obligations that the Participant incurs when cashing his part of the prize.
Lotoluck will not correspond with the Participants about the management of the prizes payment nor will it respond for questions assumed by the Management company.
Aplicable law and jurisdiction
The participation in the "Peña" implies full and unconditional agreement of the current particular terms and that Lotoluck acts as a moderator of its interpretation and application.
For any item non-specified in these Particular conditions the provisions of this disclaimer shall apply.
Whichever his nationality, for all purposes, the Participant will be subject to the rules establish at all times by the Spanish Law in any issue related with his participation in the "Peña".
The issues of conflict resolution will be governed by and construed in accordance to the present Particular Conditions and the Spanish legislation, the parties shall submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain) expressly renouncing to any other jurisdiction that may apply.
Barcelona, on January 17th of 2012.
