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1.         INTRODUCTION

1.1.      The terms and conditions below shall be effective from the 25th of August, 2017 and supersede any previous versions.  They set out the rules for each of the Lottery Draws and any related promotions, collectively known as the “Scottish Children’s Lottery” or “Lottery”.  All entries into, and participation in, the Scottish Children’s Lottery are governed by these terms and conditions.

1.2.      The Scottish Children’s Lottery is a scheme where four society lotteries operate in rotation under the Gambling Act 2005. Each of the society lotteries is operated by one of the four Scottish Charitable Incorporated Organisations (SCIOs), including: Chance to Flourish, (registered number SC046177) Chance to Study, (registered number SC046178) Chance to Succeed, (registered number SC046179) and Chance to Connect, (registered number SC046173) (“the Charities”). The Charities are all regulated by the Office of the Scottish Charity Regulator (“OSCR”). By operating like this, each SCIO can keep its costs lower, and donate more money to Good Causes.

1.3.      Each of the Charities has appointed STV ELM Limited (“us”) to promote and manage its Lottery. We are regulated and licensed as an external lottery manager by the UK’s Gambling Commission (www.gamblingcommission.gov.uk) with licence number: 000-045374-R-324694-001. Our address for correspondence is STV ELM Limited, Pacific Quay, Glasgow, G51 1PQ.

1.4.      The Scottish Children’s Lottery operates in a weekly rotation for each Charity’s Lottery.  Each Charity has the primary objective of helping to alleviate child poverty and hardship in Scotland. The purposes of each Charity are related, but distinct, and each Charity supports Good Causes aligned to specific periods of a child’s life and development (i.e. early-years intervention, educational achievement, employability and employment skills and community development and citizenship).  Each Charity will donate at least 30% of ticket sales for its Lottery to Good Causes connected to its own purposes. You can learn more about each Charity by visiting this page www.scottishchildrenslottery.com/goodcauses.

1.5.      Each of the Charities is licensed by the UK’s Gambling Commission to operate their society Lottery under the Gambling Act 2005. The Charities take it in turn to hold their Lottery each week and ticket sales benefit the Lottery being promoted in a particular week.  You can see on our website when each Charity’s Lottery is scheduled: www.scottishchildrenslottery.com/societyschedule. The Charities are independent organisations, and you can read more about them and the Good Causes they support on our website:  www.scottishchildrenslottery.com/goodcauses.  Each of the Charities works with the STV Children’s Appeal to identify potential Good Causes, and each Charity then decides for itself which Good Causes to donate money to from its Lottery ticket sales.

1.6.      We will post the current terms and conditions on our website, along with the rules or conditions applicable to entry for the Instant Win Lottery, Raffle and other promotions (subject to specific promotional terms and conditions).

1.7.      We may change these terms and conditions from time to time. If we do, we will notify all players for whom we have valid email addresses at least 14 days in advance of the change(s) coming into effect. We may require positive acknowledgement from you before we will accept any further deposits or ticket purchase from you.

 

2.         DEFINITIONS

2.1.      Any words within these terms and conditions that start with a capital letter shall have the following meanings:

“Ball Machine” means the ball machine that we use for the Lottery Draw, as described in clause 8.11;

“Bank Holiday” means a day when banks in Scotland are generally closed for business; 

“Bonus Number” means the number drawn in addition to the 5 (five) Winning Numbers;

“Charity” means a Scottish Charitable Incorporated Organisation (SCIO) licensed and regulated by the Office of the Scottish Charity Regulator (“OSCR”). They are also licensed by the UK’s Gambling Commission to operate and promote a society lottery under the brand name Scottish Children’s Lottery;

“Computer System” means the software and infrastructure we use to operate the Lottery;

“Direct Debit” means a recurring, scheduled payment from your Registered Payment Method for entry into multiple Lotteries;

“Direct Debit Guarantee Scheme” means the scheme operated by banks and building societies, that protects you in the rare event that there is an error in the payment of your Direct Debit;

“Draw Lockdown” refers to the time at which it is no longer possible to buy a Ticket for that night’s Lottery. The current Draw Lockdown is 6:00pm on the draw night;

“Excluded Person” means a person who does not meet the eligibility criteria set out in clause 3 and who falls within any of the categories set out in clauses 5 and 10, together with such other persons (or category of persons) as we, a relevant Charity and/or the Gambling Commission may specify or agree from time to time.;

“Free Ticket” means a free Ticket that we may offer to Players during a promotion from time to time when the terms of the promotion is met (for example, buy £x worth of Tickets and get a free Line);

“Funds” means the value of the money held in your Player Account that is available to use to purchase a Ticket or withdraw to your Registered Payment Method;

“Good Causes” means projects aimed at the alleviation of child poverty and hardship in Scotland;

“Instant Win Prize” means any Prize, whether a cash amount or a product, that we offer as part of any Instant Win Lottery;

“Instant Win Lottery” means a Lottery found on the ‘Instant Win’ page of our website and in that the Player buys a Ticket to reveal the outcome of a Lottery immediately;

“Jackpot” or “Jackpot Prize” means the top prize in any Lottery;

“Line” means each individual selection of 5 (five) numbers entered into a Lottery

“Lottery” means the society lottery operated and promoted by a Charity, and comprising any or all of the following: the Lottery Draw, Instant Win Lotteries or other lotteries offered from time to time;

“Lottery Draw” means the main lottery draw conducted by The Scottish Children’s Lottery;

“Player” means a person who enters a Lottery and meets the eligibility criteria set out in clause 3 and in the case of a syndicate, means the person who buys the ticket on behalf of the syndicate;

“Player Account” means the online account you set up with us when you register as a Player, and that is described in clause 6;

“Prize” means the prize monies, non-cash prizes, or Fast Pick Ticket prize that you could win in a Lottery, free Raffle or any other competitions we may held from time to time;

“Prize Capping” means the process that we may use in order to limit the total value of cash Prizes in a single Lottery Draw to £500,000, or that of the total Jackpot Prize pool to £100,000 in a single Lottery Draw when more than one Player has matched the Jackpot Winning Numbers;

“Fast Pick” means a Line where all the numbers have been selected randomly on your behalf by our Computer System;

“Fast Pick Prize” means a single Fast Pick Line issued as a prize for Players who have matched two numbers in the Lottery Draw and is automatically entered into the next available Lottery Draw;

“Raffle” refers to the Guaranteed Raffle held immediately after the Lottery Draw as per clause 8.30, as well as any free/bonus raffles (fully funded by STV ELM Limited) that we may hold from time to time;

“Raffle Code” refers to the unique number of the guaranteed raffle which is a combination of the ticket number and the three digit lottery line number shown on your ticket receipt. For example, if your ticket number is 01111-222222-333333 and the line number is 2, then your unique Raffle Number will be 01111-222222-333333.002.;

“Raffle Draw” means the draw that takes place for all eligible Raffle entries;

“Registered Payment Method” means the credit or debit card you use to buy a Ticket, or the bank or building society account held in your name from which you set up a Direct Debit into your Player Account;

“STV Children’s Appeal” means the STV Appeal, a Scottish Charitable Incorporated Organisation with registered number SC042429, whose primary purpose is to relieve poverty and hardship amongst children and young persons in Scotland, currently branded as “STV Children’s Appeal”;

“Subscription Player” means a Player who pays for a Lottery Ticket using a Direct Debit or recurring debit or credit card payment facility on a continuous basis;

“Ticket” means the electronic ticket allocated to a Player by our Computer System that bears the numbers entered into the Lottery for that Player;

“Winning Number” means each of the five numbers between 1(one) and 49 inclusive, drawn at random in the Lottery Draw, before a Bonus Number is drawn.

In addition,

“us” / “we” / “our” refers to STV ELM Limited;

“you” /”your” refers to a Player.

3.         WHO CAN PLAY?

3.1.      To enter the Lottery and to be eligible to win a Prize, you:

3.1.1.    must be 16 years of age or over (please note that under age gambling is an offence),

3.1.2.    must be a resident of, and physically located in Great Britain at the time you purchase the Lottery Draw or Instant Win Lottery;

3.1.3.    must have a Player Account with us;

3.1.4.    must have successfully passed our age and identity verification process as required by law;

3.1.5.    must comply with these terms and conditions and any other rules of the Lottery notified by us;

3.1.6.    must not be an Excluded Person.

3.2.      A syndicate may enter the Lottery. One Player within the syndicate needs to have a Player Account in order to buy Ticket(s) on behalf of the syndicate.  We are not responsible for management of a syndicate.  It is the responsibility of each member of a syndicate to ensure that they agree rules for management and operation of the syndicate with the other members.  We have provided a sample syndicate agreement on our website (www.scottishchildrenslottery.com/syndicates) that you may adapt to suit your own needs if you are in a syndicate. If you buy a Ticket on behalf of a syndicate, it is your responsibility (not ours) to ensure no syndicate member is an Excluded Person.

4.         CONDITIONS OF ENTRY

4.1.      All entry instructions communicated by us and that are available on our website shall form part of the terms and conditions of a Lottery or Raffle. 

4.2.      When you buy a Ticket, you acknowledge and agree that:

4.2.1.    you will be entered into a Lottery, promoted by the relevant Charity on the date of the Lottery for which the Ticket is valid;

4.2.2.    a minimum of 30% of the Ticket price will go towards Good Causes; and

4.2.3.    any misrepresentation of fact as to your eligibility, whether intentional or unintentional, will make you an Excluded Person and ineligible to win a Prize.

4.3.      You agree to be bound by these terms and conditions, all rules and conditions on our website for entry to a Lottery Draw, Instant Win Lottery, Raffle or promotion, any applicable sections of The Gambling Act 2005 and any relevant regulations made under it from time to time. If you have not complied with the relevant rules, terms and conditions, we will not be liable for any loss or damage you suffer.  This includes the loss of opportunity to enter a Lottery or Raffle and/or right to receive a Prize.

4.4.      Your Lottery Draw Tickets and Instant Win Lottery Tickets will only be considered as valid (and hence eligible for a prize) if you have successfully passed our verification process under clause 6. We will have sole discretion as to whether to accept any entry to the Lottery and pay out a Prize.  We may refuse any entry to the Lottery or withhold any Prize if we have reasonable grounds to believe that any applicable terms and conditions have been breached. In exercising our discretion under this clause 4.4, we will rely on our own technical logs and records, and our decision will be final and binding.

5.         EXCLUDED PERSONS

5.1.      Excluded Persons are not eligible to participate in the Lottery or to receive any Prizes.

5.2.      We treat the following persons as Excluded Persons, and therefore, not eligible to participate in the Lottery:

              1.        director, employee or trustee of (i) STV ELM Ltd., (ii) a Charity;

              2.        board of directors or management team of STV Group Plc;

              3.        employees of key IT contractor or supplier of the Lottery product;

              4.        customer service agent providing service to STV ELM Ltd.;

              5.        person involved in the main Lottery Draw[1];

              6.        immediate family members[2] of group 1. to 5. as listed above living in the same household;

              7.        a self-excluded person as per clause 10;

              8.        any person who does not comply with these T&Cs.

5.3.      We reserve the right to exclude any Player from the Lottery when required by any relevant authorities or if we believe, in our sole discretion, that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.

5.4.      By participating in the Lottery, you warrant that you are not an Excluded Person. 

6.         SETTING UP AND USING YOUR PLAYER ACCOUNT

6.1.      You need to have a Player Account in order to participate in the Lottery.  You may apply to set up a Player Account by successfully completing our online registration or by contacting our customer service team (www.scottishchildrenslottery.com/contact). The security of your Player Account is important to us.  It is your responsibility to keep your login details secure.  If you suspect or know that someone else has had unauthorised access to your Player Account, you must tell us promptly and change your user ID and/or password.  If you forget your password, you must follow the instructions on our website in order to obtain a new password.

6.2.      You must tell us your name, date of birth, address and contact details before we can complete the set up of your Player Account.

6.3.      Once your Player Account has been successfully set up, you can then proceed to setup your Registered Payment Method (debit card, credit card or direct debit), make a deposit and purchase lottery ticket(s). Automatic Identity and Age Verification checks will be carried out at the point of your first deposit. In carrying out these checks, your personal information provided will be disclosed to a credit reference agency.  They may make a record of the search. The credit reference agency we used is Callcredit Limited, PO Box 491, Leeds, LS3 1WZ.

6.4.      Should automatic verification fail, we will contact you in order to perform a manual verification. We will require a copy of one document from each of Group A and Group B below, to be sent to us by email or by post. The same document cannot be used to satisfy requirements from both Group A and B. If you have changed your name recently, you are also required to send us a copy of a document from Group C.

Group A – The following documents can be used as proof of ID and age:

  • Current Passport (full copy of photo page)
  • Current UK or EEA photocard Driving Licence (excluding provisional licence)
  • EEA member state identity card

Group B – The following documents can be used for proof of address:

  • Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
  • Bank / Credit Card statement dated within the last three months
  • Current UK Driving Licence (if not used in Group A, and excluding provisional licence)
  • EEA member state identity card (if it carries the address, and not used in Group A)

Group C – The following document can be used as Proof of Name Change (in addition to Group A and B, if applicable):

  • Marriage Certificate
  • Deed Poll letter (change of name)
  • Decree Absolute (divorce letter)

You must send us the requested documents to allow us to verify you within 72 hours of your first deposit. If we are not able to successfully verify you within this time frame, your account will be suspended. We may have to cancel your direct debit subscriptions, refund any ticket purchase and Instance Win Lottery play and void any winnings.

If we subsequently discover that you were not, or are no longer, eligible to open a Player Account, we reserve the right to suspend or terminate that Player Account.

 

6.5.      You will be able to deposit funds into your player account which can then be used to purchase lottery tickets.

6.6.      You may only deposit funds that take the cash balance in your account up to a maximum of £2,000 at any point in time.

6.7.      We may monitor the value of deposits made to your account. For your own safety and to encourage you to gamble responsibly, we may impose limits on how much you can add to your account.  We will always tell you if you have reached the limit.

6.8.      Prize wins, bonuses or good will payments that take a player’s cash balance over £2,000 will be permitted. However, we may request you to withdraw funds after the aforementioned payments have been made to your account.

6.9.      Deposits and withdrawals can only be made via your Registered Payment Method.  Minimum deposit and withdrawal limits may apply; please refer to the deposit and withdrawal page for details. If your Registered Payment Method is a jointly owned bank account or joint credit or debit card, you accept that all payments that we make to you from your Player Account will be paid to that joint account or card. If your Registered Payment Method is a debit or credit card, it can only be used on one Player Account and it must not have been reported as lost or stolen.  If you believe your card is lost or stolen and you wish to use a replacement card as your new Registered Payment Method, or you wish to change your Registered Payment Method while there are Funds or pending Tickets in your Player Account, you should contact our customer service team (www.scottishchildrenslottery.com/ contact). We may require you to withdraw any existing Funds and wait for any pending Tickets to be completed before updating your Registered Payment Method.  We may need to perform further checks to verify the ownership of the new Registered Payment Method before accepting it, and we reserve the right to do so.

6.10.   If your card expires, you will be able to update your Player Account with the new card information online or by calling customer service[3] without having to withdraw all the Funds from your account, and without waiting for a future Lottery Draw to take place.

6.11.   If you tell your bank or building society that your Registered Payment Method has been used, without your authorisation, to make a payment into your Player Account, and they ask us to return the payment to your Registered Payment Method, we will suspend your Player Account and investigate the matter. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.12.   If you set up a Direct Debit, you will be bound by the terms of the Direct Debit Scheme and the Direct Debit Guarantee Scheme.  You can find more details here.

6.13.   If you are a Subscription Player, we must receive payment for a Ticket before the Lottery Draw.  This means that if a Direct Debit or other recurring payment is recalled or rejected by your bank, any ticket associated with the failed payment will be withdrawn from the applicable Lottery Draw and will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.14.   Balance in your account consist of the following three categories:

6.14.1.   Cash – this refers to funds deposited by you and cash prizes deposited by us into your account. You can view the amount by clicking on ‘Balance’ on the top right hand corner of the screen.

6.14.2.   Bonus – this refers to promotional bonuses we offered to you which you can use to purchase tickets. You can view the amount by clicking on ‘Balance’ on the top right hand corner of the screen. Withdrawal of Bonus Funds is not permitted.

6.14.3.   Subscription Funds – this refers to funds collected from your bank account via Direct Debit or credit card according to your subscription(s). These funds are ring-fenced and can only be used by the system to purchase subscription tickets. You can view the transaction(s) by clicking on ‘View Transactions’ under ‘My Account’ on the left hand panel.

6.15.   We will also apply payments from your account in a particular order.  When you hold Bonus Funds in your account, these are spent first.  After that, we take payments from any Funds in the ‘cash’ balance.  The cash balance is made up of payments deposited from your Registered Payment Method and cash-equivalent payments from Prizes.  Subscription payments and free Fast Pick tickets are spent separately.

6.16.   You can close your Player Account at any time provided that:

  • There are no remaining funds in your player wallet.
  • You have no active subscriptions.
  • You have no active lottery tickets for draws yet to take place.
  • You have no Instant Win Lottery games waiting to be completed.

If you wish to close your Player Account, you can do so in the ‘Close Account’ section under ‘My Details’. Subject to clause 6.18, we will transfer the balance in your account to your Registered Payment Method.

6.17.   If you wish to suspend or delete a Direct Debit subscription, you can do so in the ‘Subscriptions’ area of your Player Account. If you decide to delete your Direct Debit subscription, you should also contact your bank to ensure that the cancellation request has been received.  All Lottery Ticket(s) purchased and all subscription payment(s) collected before you suspend or delete your Direct Debit subscription will remain valid. The system will continue to purchase tickets according to your subscription(s) until all subscription funds previously collected are exhausted. We will stop collecting Direct Debit payments at this point, and you will not be entered into any subsequent Lottery Draws.

6.18.   If you win a Prize, we will do one of the following:

6.18.1.      for direct debit subscribers:

6.18.1.1.   prize money of £2,000 and under will be paid into your bank account automatically,

6.18.1.2.   prize money of over £2,000 will be paid into your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

6.18.2.      for non direct debit subscribers:

6.18.2.1.   prize money £2,000 and under will be paid into to your player’s account;

6.18.2.2.   prize money of over £2,000 will be paid to your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

7.         CAN I CHANGE MY MIND?

7.1.      We will only allow cancellation of a Ticket under exceptional circumstances (such as self-exclusion after you have bought a Ticket, or if some material features of the Lottery are changed). Except in the case of self-exclusion under clause 10, any cancellation or reversal will need to be completed at least 72 hours before the Lottery Draw for the relevant Lottery.

7.2.      If you bought a Ticket in advance of a Lottery Draw that is then subject to change(s) in these terms and conditions, but prior to us notifying you of the change(s), you may request a refund of your ticket.  You must send us an email request for refund from your registered email address at least 72 hours in advance of the affected Lottery Draw, subject to the limitations stated in clause 11.  You acknowledge that if we accept your application for a refund, we will withdraw your ticket from the applicable Lottery Draw and you will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket.

7.3.      For the avoidance of doubt, you can’t cancel an Instant Win Lottery Ticket after you buy it, and if you don’t like the numbers selected for you in a Fast Pick Ticket you are not entitled to cancel the Ticket.

THE LOTTERY DRAW, INSTANT WIN LOTTERY, FREE RAFFLES AND PRIZES

8.         THE LOTTERY DRAW

8.1.      After setting up a Player Account as described in clause 6, you enter the Lottery Draw by buying a Ticket on our website, mobile site, mobile app, or by phoning customer service (www.scottishchildrenslottery.com/contact)[4]. Tickets cost £1 per Line.

8.2.      To select numbers for each line of the lottery ticket, you must either choose 5 (five) different numbers between 1 (one) and 49 (forty nine) inclusive, or use Fast Pick to automatically select the numbers for you.

8.3.      Once you have selected the numbers of all lines you wish to purchase in a ticket, you can then select the number of week(s) and draw day(s) you wish to enter using the same ticket (with the same selected number of lines and lottery numbers). The screen will now display the total cost of the ticket. Click ‘PLAY’ to continue. The system will now ask you to confirm your selections. Click ‘Confirm’ to confirm your purchase.

8.4.      It is your responsibility to check prior to clicking ‘Confirm’, that your lottery number selections (except in the case of a Fast Pick Ticket) and the number of draws are correct.  You can also review this information after the ticket purchase by clicking the ‘Lottery History’ link under the ‘My Tickets’ section in your Player Account.

8.5.      A Ticket will be valid only for the Lottery Draw(s) to be held on the date(s) shown in your Player Account.  If you are a Subscription Player, we will enter you into the Lottery Draw on a continuous basis, unless you cancel your Direct Debit or recurring card payment (in which case we will continue to enter you into the Lottery Draw until all subscription funds previously collected are exhausted).  If you are not a Subscription Player, you may buy a Ticket that enters you into the Lottery for up to eight weeks in advance.

8.6.      The maximum amount per purchase is £100. You can make multiple Ticket purchases in multiple transactions as long as the total spend is within the ‘Spending limit’ in ‘My Details’ (which you can edit at any time).

8.7.      You may buy a Ticket up until the Draw Lockdown on the date of a Lottery Draw, which is set to be 6:00pm on the respective draw day.  After this time, sales will be closed for that day's Lottery Draw and you will only be able to buy a Ticket for a future Lottery Draw. Whilst we will try to ensure that the time of the Draw Lockdown is consistent from week to week, there may be exceptional circumstances when we have to change a Draw Lockdown.  It is your responsibility to ensure you buy your Ticket in plenty of time and we will not be responsible for loss of opportunity to enter a Lottery Draw if the time of the Draw Lockdown is changed.

8.8.      We will display the name of the participating Charity that will benefit from any particular Lottery Draw on our website, and the relevant Charity’s name will also be on the Ticket receipt displayed on screen after you buy a Ticket. Ticket receipts for more than one Lottery Draw will clearly display the date of all Lottery Draws and the relevant Charity for each Lottery Draw.

8.9.      We reserve the right to hold the Lottery Draw on an alternative date if the normal Lottery Draw date falls on a Bank Holiday.  We will notify any customer who has purchased ticket(s) of the affected draw via email. Any such change will also be posted on our website.  We also reserve the right to re-schedule or cancel the Lottery Draw, or to offer the alternative solution set out in clause 8.15 if circumstances arise, or if the normal Lottery Draw date falls, on any other day we deem, in our absolute discretion, unsuitable for holding a Lottery Draw.

8.10.   We will publish the results of each Lottery Draw on our website. The TV broadcast schedule will be announced on our website. A Prize shall only be awarded to a winning Ticket that has the Winning Numbers recorded at the Lottery Draw itself. We will automatically notify Players via their registered email address if they have won a Prize.

8.11.   In the Lottery Draw, 5 (five) Winning Numbers will be drawn at random by the Ball Machine. The Bonus Number will be drawn after all five Winning Numbers have been drawn.

8.12.   You may only claim one Prize in respect of each Line per Draw.

8.13.   From time to time, we may, at our absolute discretion, increase the prize amount for a Lottery Draw (up to the limit permitted by law), which will be announced on our website ahead of the draw. Under the Gambling Act 2005, no winner is entitled to receive more than £25,000 or 10% of total Ticket sales for any one winning line, whichever is greater.

8.14.   The Lottery Draw will be conducted by STV ELM Limited, who will record the Winning Numbers and Bonus Number. If STV ELM Limited observes or suspects any irregularity or failure in the procedure, the Lottery Draw will be stopped, declared null and void, and a new Lottery Draw will take place. 

8.15.   In the event of a Ball Machine failure, results from the next available draw of Germany’s Lotto 6aus49 lottery (which takes place every Wednesday and Saturday) will be used to complete the Lottery draw. The first five numbers drawn in the Lotto 6aus49 draw will be used as the Winning Numbers and the sixth number drawn in the Lotto 6aus49 draw will be used as the Bonus Number. The draw may be watched live on the draw night at the following website address: http://www.lotto.de/de/ergebnisse/lotto-6aus49/live-ziehung.html. Results for the draw are also available at the following website address: https://www.lotto.de/de/ergebnisse/lotto-6aus49/archiv.html.

8.16.   Subject to clauses 6.11, 7 (seven) and 10 (ten), entries are final and, once completed, cannot be cancelled, reversed or refunded.

8.17.   Subject to this clause 8, Prizes paid to the holders of Tickets with Winning Numbers will normally be as follows:

8.17.1.      If 2 (two) Winning Numbers are matched on your Ticket, you will win a Fast Pick Ticket that will be automatically entered by our Computer System into the next scheduled Lottery Draw, unless 8.19 applies;

8.17.2.      If 3 (three) of the Winning Numbers are matched on your Ticket, you will win one Prize of £25;

8.17.3.      If 4 (four) of the Winning Numbers are matched on your Ticket, you will win one Prize of £250;

8.17.4.      If 4 (four) of the Winning Numbers and the Bonus Ball are matched on your Ticket, you will win one Prize of £2,000;

8.17.5.      If 5 (five) of the Winning Numbers are matched on your Ticket, unless clause 8.13 applies, you will win a Prize up to a maximum of £25,000. Where there are multiple winners of the Jackpot, we will impose Prize Capping of £100,000 on the Jackpot Prize pool. For example, if there are 4 or less winners of the Jackpot, each winner will receive £25,000 according to the prize table. However, if there are 5 winners of the Jackpot, each winner will have an equal share of the £100,000 Jackpot Prize pool and receive £20,000 each.

Lottery Draw Prize table

Tier Number Matched Prize Odds of Winning
1 5 Main Numbers (Jackpot) £25,000 1,906,884
2 4 Main Numbers + Bonus Ball £2,000 381,377
3 4 Main Numbers £250 8,869
4 3 Main Numbers £25 202
5 2 Main Numbers One Fast Pick Entry 14

Approximate overall odds of winning a prize: 1 in 13


8.18.   A Prize Capping of £500,000 will also be imposed on the total prize amount (including all winning categories) in a single draw. In such circumstances, we may reduce all prize categories in proportion so as to bring the total Prize payout to a maximum of £500,000 for any single Lottery Draw.

8.19.   In cases where the £500,000 Prize Capping has to be imposed on a particular draw, we reserve the right to cancel Prize Tier 5 where two main numbers are matched in the Lottery Draw.

INSTANT WIN LOTTERIES

8.20.   We may change the list of Instant Win Lottery games available for play at any time.

8.21.   You can play an Instant Win Lottery on a sample basis in ‘Try’ mode on our website. When you do this you will not be charged to play, and none of the prizes displayed will be payable. You will need to complete our age verification process in order to access ‘Try’ mode.

8.22.   The result of each Instant Win Lottery will be generated by a Random Number Generator at the time you buy a Ticket, and it will not include any element of skill. Our Computer System will allocate the Prizes corresponding to the generated results according to the advertised Prize structure.  Each Player’s chance of winning a Prize will be exactly the same at the point of purchase and will not be affected by previous wins in the same Instant Win Lottery or Prizes previously paid in other Instant Win Lottery.

8.23.   The top prize for an Instant Win Lottery is £25,000, unless the Ticket sales are greater than £250,000. In that case, we may increase the Prize up to an amount equal to 10% of Ticket sales or up to £400,000, whichever is lower.

8.24.   Within each Instant Win Lottery game page, information is provided which includes: ’How to play’, the name of each Instance Win Lottery game, the price to play, the Prize structure, the odds of winning for each Prize tier, the Charity operating that week’s lottery.

8.25.   Participation in the Instant Win Lottery is complete when our Computer System shows whether or not you have won a Prize. This is the case whether you have witnessed the completion of that Lottery, or if clause 8.27 applies.  If it isn’t possible to determine whether or not you have won a Prize after buying a Ticket, that Instant Win Lottery will be deemed to be incomplete. You will need to reconnect to our Computer System to be able to complete that Instant Win Lottery.

8.26.   If you buy a Ticket for an Instant Win Lottery but do not play it, our Computer System will automatically complete that Lottery before you exit our Computer System.

8.27.   You can view the result of all your Instant Win Lotteries in the ’Instant Win Tickets’ area under ‘My Ticket’.

8.28.   For an Instant Win Lottery, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

8.29.   When you play an Instant Win Lottery, the company that supplies us with those lottery games is not responsible for any financial transactions from your account.  We will continue to be responsible for these payments.

RAFFLES

8.30.   A Guaranteed Raffle Draw will be held on the same day after the Lottery Draw.  You will automatically receive one entry into the Guaranteed Raffle Draw for each Lottery line you purchased. Each entry is identified by a unique Raffle Code. A random number generator will be used to select Raffle winner(s) from all valid entries. If you win a Prize, you must claim it within the timescale set out in clause 9.4.

8.31.   In addition to the weekly Guaranteed Raffle, we may promote other free/bonuns Raffles from time to time. These free/bonuns Raffles will be separate from the Lottery Draw, and we will publish the rules for each Raffle on our website.

8.32.   We reserve the right to close a free/bonuns Raffle without notice or compensation if it is subject to complaint by a Player, law enforcement agency or the Gambling Commission, or if there is any issue over its integrity.

8.33.   For all Raffles, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

PRIZES

8.34.   We may change the Prize sums paid to Players where we are required to do so by law, regulation or if the Gambling Commission tells us to do so. We will endeavour to notify you if it is possible and permitted by the authorities.

8.35.   Prizes will be rounded up to the nearest pound if required.

 

9.         WHAT HAPPENS IF I WIN?

9.1.      Winnings up to £2,000 in the Lottery Draw, free Raffle, or Instant Win Lottery will be paid into your Player Account except for Direct Debit Subscribers for which the prize will be paid into your bank account.

9.2.      If your winning is more than £2,000, we will request documentation from you (as stated in clause 6.4) in order to perform due diligence verification, and if satisfactory, we will make a payment into your bank account.

9.3.      Where we pay a Prize to an Excluded Person, or otherwise pay a Prize in error, the Prize or any payment made in error must be returned immediately to us.

9.4.      We will use our reasonable endeavours to make the Prize payment to you within fourteen days of receiving the requested documentations from you in order to perform due diligence verification.  You must claim a Prize no later than 6pm on the 180th day after the date of the relevant Lottery Draw.  If you don’t claim a Prize within this period, it will be forfeited, and the Prize will be returned to the relevant Charity for distribution to its Good Causes.

9.5.      If you win a Prize, it is your responsibility to pay any and all taxes due in respect of that Prize.

10.       Responsible Gambling

10.1.   At Scottish Children’s Lottery, we provide you with a variety of facilities to help you stay in control and play responsibly. These facilities include Deposit Limit, Spending Limit, Game Play Reminder, Time Out, Self-Exclusion and Account Closure. To access and find out more about these facilities, click the link ‘Play Responsibly’ at the bottom of our website.

10.2.   The use of these facilities involves a joint commitment between you and us. We will take all reasonable steps to prevent you from gambling beyond any limits or restrictions that are set within your account. At the same time, you must not attempt to circumvent those limits or restrictions. We shall not be liable to any damages caused by your circumvention, or to return any deposits, winnings, or other funds in respect of such activity.

10.3.   After self-excluding from our site, we also advise that you self-exclude from any other gambling operators where you hold accounts. Also there is website filtering software to prevent you from accessing gambling websites from your personal computer. These includes: GamBlock, Cyber Patrol, Net Nanny, Optenet PC, Betfiler.

10.4.   We may also impose operator exclusion, time-out, deposit and spending limits if we think it is necessary to help you stay in control. If we do this, we will tell you what and when measures are put into place.

11.       LIMITATION OF OUR LIABILITY AND RESERVATION OF RIGHTS

11.1.   Subject to clause 11.2, our liability to you shall be limited to the amount of any Prize or refund that you may have become entitled to under these terms and conditions.  We shall not be liable for any loss other than our failure to pay out a Prize or a refund you are entitled to.  In particular, neither we nor any Charity shall be liable to you for any loss or damage you suffer because of:

11.1.1.  any failures, errors or delays in our Computer System,  any postal services, or electronic banking services used by us or you from time to time;

11.1.2.  incorrect- or misuse of our website, mobile site, mobile application, or customer service centre;

11.1.3.  any event that is beyond our, or the Charities’ reasonable control (such as fire, flood, power failure, war, failure of telecommunications services or act of government);

11.1.4.  your failure to meet your obligations set out in clause 6;

11.1.5.  your entry into the Lottery, or any act, omission or event that prevents you from entering the Lottery;

11.1.6.  the withdrawal or cancellation of a Lottery;

11.1.7.  your failure to keep your contact details updated under clause 14.11; or

11.1.8.  a negligent act or omission by you.

11.2.   Nothing in these terms and conditions shall exclude or limit our liability:

11.2.1.  for death or personal injury resulting from our negligence; or

11.2.2.  for fraud or fraudulent misrepresentation; or

11.2.3.  where it can’t be excluded or limited by law.

11.3.   We are not liable in contract, delict or tort (including but not limited to negligence), or otherwise in connection with the Lottery for:

11.3.1.  loss of profits, business or anticipated savings or loss of data;

11.3.2.  any special or indirect or consequential losses; or

11.3.3.  any loss of goodwill or reputation.

11.4.   By requesting self-exclusion under clause 10, you are entering an agreement with us. If you breach the self-exclusion agreement by circumventing our measures to stop you from accessing your Player Account, we shall not be liable to you or any third party in respect of any breach by you of that agreement giving rise to loss, and we are under no obligation to compensate any loss or damage caused by your action or breach, or to return any deposits, winnings, or other funds in respect of your action or your breach.

11.5.   We exclude all warranties, conditions and guarantees relating to the Lottery, whether express or implied by law, to the maximum extent permitted by law.

11.6.   The Lottery is provided on an “as is” and “as available” basis and we make no representations or endorsements of any kind.  We do not guarantee that our website, telephone system, broadcast or live transmission of the Lottery Draw will be uninterrupted or error-free.  If we need to carry out maintenance work to upgrade or update our Computer System, we may need to suspend the provision of the Lottery.  We will tell you if our Computer System will be unavailable for scheduled maintenance.

11.7.   We reserve the right to suspend or close a Player Account, or refuse to set up a Player Account.  This is at our absolute discretion and we do not have to disclose our reasons.  If we close your Player Account, we will return all monies held in the account to the Registered Payment Method within seven (7) working days, unless clause 14.6 applies.

11.8.   If you visit any websites via hyperlinks provided on our website, all transactions made on those websites are conducted entirely at your own risk.

12.       YOUR LIABILITY

12.1.   You agree to fully indemnify us in respect of all liabilities, claims, actions, damages, expenses, demands or costs incurred by or awarded against us, due to your negligent conduct, omission or misuse of our website or your Player Account.  Nothing contained in these terms and conditions shall affect your statutory rights.

13.       MAKING A COMPLAINT

13.1.   If you have a complaint or if you are unhappy about any aspect of the Lottery, or if you want a copy of our complaints procedure you should contact our Customer Service team (www.scottishchildrenslottery.com/contact).

13.2.   If you are not satisfied with the proposed resolution of a complaint through our complaints procedure, then if the dispute meets the criteria detailed in the Gambling Commission’s Code of Practice, you may be able to refer your complaint to an independent adjudicator for further investigation and review.  This independent adjudicator is called the Independent Betting Adjudication Service (IBAS), and specialises in the resolution of gaming disputes. They will consider your complaint totally impartially and we are bound by their decision. Complaints/disputes can be pursued with IBAS for up to 12 months following the date at which all attempts to resolve the dispute with us has failed. IBAS contact details are as follows:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS 

Telephone: 020 7347 5883

E mail: adjudication@ibas-uk.co.uk

Website: www.ibas-uk.com

14.      GENERAL

14.1.   Scots law applies to these terms and conditions, and the Scottish courts will decide the outcome of any litigation arising between you and us.

14.2.   All intellectual property rights generated from the operation of the Lottery shall belong to us or our licensors. Copyright, trademarks and other intellectual property rights, including without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website and social media sites or on other promotional material for the Lottery, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off, belong to us or our licensors. You are permitted to use this material and content only as expressly authorised by us or our licensors. You agree to take all steps (at our cost) to vest in us any intellectual property that you create in the course of entering the Lottery, or posting material on our website or social media sites.

14.3.   You acknowledge and agree that the material and content contained within our website is made available for your personal, non-commercial use. You are not permitted any other use of such material and content. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content. 

14.4.   We will store, manage and use all information you provide to us for the purposes of the Lottery in accordance with current Data Protection legislation and also with the privacy policy posted on our website (www.scottishchildrenslottery.com/privacy-policy). Our privacy policy forms part of these terms and conditions.

14.5.   If you wish to be removed from our mailing list, you should

14.5.1.   click on the unsubscribe link shown on all our e-mails, or

14.5.2.   change your ‘Notification Preferences’ within ‘Personal Details’ in your Player Account, or

14.5.3.   contact our Customer Service team (www.scottishchildrenslottery.com/contact).

14.6.   If you do not transact on your Player Account for a period of twelve months, your Player Account will be classed as dormant.  We will e-mail you if your Player Account is likely to become dormant to tell you what you need to do in order to prevent this happening.  If you take no action following the period specified in our correspondence with you, we reserve the right to close your Player Account and transfer the balance held within it to the Charities for distribution to their Good Causes.

14.7.   You acknowledge that we may want to carry out publicity activity relating to Players and Prizes.  Unless we are required to do so by law, we will only disclose information about you or your Prize with your consent (or in the case of a syndicate, the consent of each Player).

14.8.   We may terminate, vary or suspend the provision of the Lottery, or access to your Player Account without prior notice:

14.8.1.   on breach of these Terms and Conditions or the relevant Lottery rules; or

14.8.2.   if we stop managing the Lottery;

14.8.3.   where we are required by law to do so; or

14.8.4.   for any other reason at our sole discretion (always acting reasonably).

14.9.   On termination of your Player Account or the Lottery, we will return your Funds to your Registered Payment Method. In the event that a refund cannot be made, the provisions made in clause 14.6 will apply.

14.10. The Charities may change from time to time.  It is our responsibility to add charities to the Scottish Children’s Lottery, or to remove charities from it.  We will always tell you if the Charities change.

14.11. It is your responsibility to ensure that the information you give us when you register to play the Lottery is kept up to date.

15        WHAT HAPPENS TO MY MONEY IN THE EVENT OF INSOLVENCY?

15.11  The Gambling Commission requires us to tell you what happens to Customer Funds, and the extent to which those Funds are protected in the event of our insolvency. Customer Funds (both monies deposited by Players or reflected in their Account Balance as a result of Prizes paid to Players) are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This corresponds to a ‘medium’ level of protection as defined by the Gambling Commission.  You can get more information from the Gambling Commission’s website at www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx.

Footnotes: 

[1] This includes the draw adjudicator, draw presenter and any guest(s) present at the main Lottery draw.
[2] Immediate family members include parent, step-parent, child, step-child, spouse and sibling.
[3] Standard geographic rates apply for landline. Mobile may vary.
[4] Standard geographic rates apply for landline. Mobile may vary.

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1.         INTRODUCTION

1.1.      The terms and conditions below shall be effective from the 19th of May, 2017 and supersede any previous versions.  They set out the rules for each of the Lottery Draws and any related promotions, collectively known as the “Scottish Children’s Lottery” or “Lottery”.  All entries into, and participation in, the Scottish Children’s Lottery are governed by these terms and conditions.

1.2.      The Scottish Children’s Lottery is a scheme where four society lotteries operate in rotation under the Gambling Act 2005. Each of the society lotteries is operated by one of the four Scottish Charitable Incorporated Organisations (SCIOs), including: Chance to Flourish, (registered number SC046177) Chance to Study, (registered number SC046178) Chance to Succeed, (registered number SC046179) and Chance to Connect, (registered number SC046173) (“the Charities”). The Charities are all regulated by the Office of the Scottish Charity Regulator (“OSCR”). By operating like this, each SCIO can keep its costs lower, and donate more money to Good Causes.

1.3.      Each of the Charities has appointed STV ELM Limited (“us”) to promote and manage its Lottery. We are regulated and licensed as an external lottery manager by the UK’s Gambling Commission (www.gamblingcommission.gov.uk) with licence number: 000-045374-R-324694-001. Our address for correspondence is STV ELM Limited, Pacific Quay, Glasgow, G51 1PQ.

1.4.      The Scottish Children’s Lottery operates in a weekly rotation for each Charity’s Lottery.  Each Charity has the primary objective of helping to alleviate child poverty and hardship in Scotland. The purposes of each Charity are related, but distinct, and each Charity supports Good Causes aligned to specific periods of a child’s life and development (i.e. early-years intervention, educational achievement, employability and employment skills and community development and citizenship).  Each Charity will donate at least 30% of ticket sales for its Lottery to Good Causes connected to its own purposes. You can learn more about each Charity by visiting this page www.scottishchildrenslottery.com/goodcauses.

1.5.      Each of the Charities is licensed by the UK’s Gambling Commission to operate their society Lottery under the Gambling Act 2005. The Charities take it in turn to hold their Lottery each week and ticket sales benefit the Lottery being promoted in a particular week.  You can see on our website when each Charity’s Lottery is scheduled: www.scottishchildrenslottery.com/societyschedule. The Charities are independent organisations, and you can read more about them and the Good Causes they support on our website:  www.scottishchildrenslottery.com/goodcauses.  Each of the Charities works with the STV Children’s Appeal to identify potential Good Causes, and each Charity then decides for itself which Good Causes to donate money to from its Lottery ticket sales.

1.6.      We will post the current terms and conditions on our website, along with the rules or conditions applicable to entry for the Instant Win Lottery, Raffle and other promotions (subject to specific promotional terms and conditions).

1.7.      We may change these terms and conditions from time to time. If we do, we will notify all players for whom we have valid email addresses at least 14 days in advance of the change(s) coming into effect. We may require positive acknowledgement from you before we will accept any further deposits or ticket purchase from you.

 

2.         DEFINITIONS

2.1.      Any words within these terms and conditions that start with a capital letter shall have the following meanings:

“Ball Machine” means the ball machine that we use for the Lottery Draw, as described in clause 8.11;

“Bank Holiday” means a day when banks in Scotland are generally closed for business; 

“Bonus Number” means the number drawn in addition to the 5 (five) Winning Numbers;

“Charity” means a Scottish Charitable Incorporated Organisation (SCIO) licensed and regulated by the Office of the Scottish Charity Regulator (“OSCR”). They are also licensed by the UK’s Gambling Commission to operate and promote a society lottery under the brand name Scottish Children’s Lottery;

“Computer System” means the software and infrastructure we use to operate the Lottery;

“Direct Debit” means a recurring, scheduled payment from your Registered Payment Method for entry into multiple Lotteries;

“Direct Debit Guarantee Scheme” means the scheme operated by banks and building societies, that protects you in the rare event that there is an error in the payment of your Direct Debit;

“Draw Lockdown” refers to the time at which it is no longer possible to buy a Ticket for that night’s Lottery. The current Draw Lockdown is 6:00pm on Monday;

“Excluded Person” means a person who does not meet the eligibility criteria set out in clause 3 and who falls within any of the categories set out in clauses 5 and 10, together with such other persons (or category of persons) as we, a relevant Charity and/or the Gambling Commission may specify or agree from time to time.;

“Free Ticket” means a free Ticket that we may offer to Players during a promotion from time to time when the terms of the promotion is met (for example, buy £x worth of Tickets and get a free Line);

“Funds” means the value of the money held in your Player Account that is available to use to purchase a Ticket or withdraw to your Registered Payment Method;

“Good Causes” means projects aimed at the alleviation of child poverty and hardship in Scotland;

“Instant Win Prize” means any Prize, whether a cash amount or a product, that we offer as part of any Instant Win Lottery;

“Instant Win Lottery” means a Lottery found on the ‘Instant Win’ page of our website and in that the Player buys a Ticket to reveal the outcome of a Lottery immediately;

“Jackpot” or “Jackpot Prize” means the top prize in any Lottery;

“Line” means each individual selection of 5 (five) numbers entered into a Lottery

“Lottery” means the society lottery operated and promoted by a Charity, and comprising any or all of the following: the Lottery Draw, Instant Win Lotteries or other lotteries offered from time to time;

“Lottery Draw” means the weekly main lottery draw conducted by The Scottish Children’s Lottery every Monday.;

“Player” means a person who enters a Lottery and meets the eligibility criteria set out in clause 3 and in the case of a syndicate, means the person who buys the ticket on behalf of the syndicate;

“Player Account” means the online account you set up with us when you register as a Player, and that is described in clause 6;

“Prize” means the prize monies, non-cash prizes, or Fast Pick Ticket prize that you could win in a Lottery, free Raffle or any other competitions we may held from time to time;

“Prize Capping” means the process that we may use in order to limit the total value of cash Prizes in a single Lottery Draw to £500,000, or that of the total Jackpot Prize pool to £100,000 in a single Lottery Draw when more than one Player has matched the Jackpot Winning Numbers;

“Fast Pick” means a Line where all the numbers have been selected randomly on your behalf by our Computer System;

“Fast Pick Prize” means a single Fast Pick Line issued as a prize for Players who have matched two numbers in the Lottery Draw and is automatically entered into the next available Lottery Draw;

“Raffle” refers to the weekly free raffle held on Monday after the Lottery Draw, as well as any free promotional raffles that we may hold from time to time. All free raffles are free prize draws funded by STV ELM Limited;

“Raffle Code” refers to the unique number which is a combination of the ticket number and the three digit lottery line number shown on your ticket receipt. For example, if your ticket number is 01111-222222-333333 and the line number is 2, then your unique Raffle Number will be 01111-222222-333333.002.;

“Raffle Draw” means the draw that takes place for all eligible Raffle entries;

“Registered Payment Method” means the credit or debit card you use to buy a Ticket, or the bank or building society account held in your name from which you set up a Direct Debit into your Player Account;

“STV Children’s Appeal” means the STV Appeal, a Scottish Charitable Incorporated Organisation with registered number SC042429, whose primary purpose is to relieve poverty and hardship amongst children and young persons in Scotland, currently branded as “STV Children’s Appeal”;

“Subscription Player” means a Player who pays for a Lottery Ticket using a Direct Debit or recurring debit or credit card payment facility on a continuous basis;

“Ticket” means the electronic ticket allocated to a Player by our Computer System that bears the numbers entered into the Lottery for that Player;

“Winning Number” means each of the five numbers between 1(one) and 49 inclusive, drawn at random in the Lottery Draw, before a Bonus Number is drawn.

In addition,

“us” / “we” / “our” refers to STV ELM Limited;

“you” /”your” refers to a Player.

3.         WHO CAN PLAY?

3.1.      To enter the Lottery and to be eligible to win a Prize, you:

3.1.1.    must be 16 years of age or over (please note that under age gambling is an offence),

3.1.2.    must be a resident of, and physically located in Great Britain at the time you purchase the Lottery Draw or Instant Win Lottery;

3.1.3.    must have a Player Account with us;

3.1.4.    must have successfully passed our age and identity verification process as required by law;

3.1.5.    must comply with these terms and conditions and any other rules of the Lottery notified by us;

3.1.6.    must not be an Excluded Person.

3.2.      A syndicate may enter the Lottery. One Player within the syndicate needs to have a Player Account in order to buy Ticket(s) on behalf of the syndicate.  We are not responsible for management of a syndicate.  It is the responsibility of each member of a syndicate to ensure that they agree rules for management and operation of the syndicate with the other members.  We have provided a sample syndicate agreement on our website (www.scottishchildrenslottery.com/syndicates) that you may adapt to suit your own needs if you are in a syndicate. If you buy a Ticket on behalf of a syndicate, it is your responsibility (not ours) to ensure no syndicate member is an Excluded Person.

4.         CONDITIONS OF ENTRY

4.1.      All entry instructions communicated by us and that are available on our website shall form part of the terms and conditions of a Lottery or free Raffle. 

4.2.      When you buy a Ticket, you acknowledge and agree that:

4.2.1.    you will be entered into a Lottery, promoted by the relevant Charity on the date of the Lottery for which the Ticket is valid;

4.2.2.    a minimum of 30% of the Ticket price will go towards Good Causes; and

4.2.3.    any misrepresentation of fact as to your eligibility, whether intentional or unintentional, will make you an Excluded Person and ineligible to win a Prize.

4.3.      You agree to be bound by these terms and conditions, all rules and conditions on our website for entry to a Lottery Draw, Instant Win Lottery, free Raffle or promotion, any applicable sections of The Gambling Act 2005 and any relevant regulations made under it from time to time. If you have not complied with the relevant rules, terms and conditions, we will not be liable for any loss or damage you suffer.  This includes the loss of opportunity to enter a Lottery or free Raffle and/or right to receive a Prize.

4.4.      Your Lottery Draw Tickets and Instant Win Lottery Tickets will only be considered as valid (and hence eligible for a prize) if you have successfully passed our verification process under clause 6. We will have sole discretion as to whether to accept any entry to the Lottery and pay out a Prize.  We may refuse any entry to the Lottery or withhold any Prize if we have reasonable grounds to believe that any applicable terms and conditions have been breached. In exercising our discretion under this clause 4.4, we will rely on our own technical logs and records, and our decision will be final and binding.

5.         EXCLUDED PERSONS

5.1.      Excluded Persons are not eligible to participate in the Lottery or to receive any Prizes.

5.2.      We treat the following persons as Excluded Persons, and therefore, not eligible to participate in the Lottery:

              1.        director, employee or trustee of (i) STV ELM Ltd., (ii) a Charity;

              2.        board of directors or management team of STV Group Plc;

              3.        employees of key IT contractor or supplier of the Lottery product;

              4.        customer service agent providing service to STV ELM Ltd.;

              5.        person involved in the main Lottery Draw[1];

              6.        immediate family members[2] of group 1. to 5. as listed above living in the same household;

              7.        a self-excluded person as per clause 10;

              8.        any person who does not comply with these T&Cs.

5.3.      We reserve the right to exclude any Player from the Lottery when required by any relevant authorities or if we believe, in our sole discretion, that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.

5.4.      By participating in the Lottery, you warrant that you are not an Excluded Person. 

6.         SETTING UP AND USING YOUR PLAYER ACCOUNT

6.1.      You need to have a Player Account in order to participate in the Lottery.  You may apply to set up a Player Account by successfully completing our online registration or by contacting our customer service team (www.scottishchildrenslottery.com/contact). The security of your Player Account is important to us.  It is your responsibility to keep your login details secure.  If you suspect or know that someone else has had unauthorised access to your Player Account, you must tell us promptly and change your user ID and/or password.  If you forget your password, you must follow the instructions on our website in order to obtain a new password.

6.2.      You must tell us your name, date of birth, address and contact details before we can complete the set up of your Player Account.

6.3.      Once your Player Account has been successfully set up, you can then proceed to setup your Registered Payment Method (debit card, credit card or direct debit), make a deposit and purchase lottery ticket(s). Automatic Identity and Age Verification checks will be carried out at the point of your first deposit. In carrying out these checks, your personal information provided will be disclosed to a credit reference agency.  They may make a record of the search. The credit reference agency we used is Callcredit Limited, PO Box 491, Leeds, LS3 1WZ.

6.4.      Should automatic verification fail, we will contact you in order to perform a manual verification. We will require a copy of one document from each of Group A and Group B below, to be sent to us by email or by post. The same document cannot be used to satisfy requirements from both Group A and B. If you have changed your name recently, you are also required to send us a copy of a document from Group C.

Group A – The following documents can be used as proof of ID and age:

  • Current Passport (full copy of photo page)
  • Current UK or EEA photocard Driving Licence (excluding provisional licence)
  • EEA member state identity card

Group B – The following documents can be used for proof of address:

  • Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
  • Bank / Credit Card statement dated within the last three months
  • Current UK Driving Licence (if not used in Group A, and excluding provisional licence)
  • EEA member state identity card (if it carries the address, and not used in Group A)

Group C – The following document can be used as Proof of Name Change (in addition to Group A and B, if applicable):

  • Marriage Certificate
  • Deed Poll letter (change of name)
  • Decree Absolute (divorce letter)

You must send us the requested documents to allow us to verify you within 72 hours of your first deposit. If we are not able to successfully verify you within this time frame, your account will be suspended. We may have to cancel your direct debit subscriptions, refund any ticket purchase and Instance Win Lottery play and void any winnings.

If we subsequently discover that you were not, or are no longer, eligible to open a Player Account, we reserve the right to suspend or terminate that Player Account.

 

6.5.      You will be able to deposit funds into your player account which can then be used to purchase lottery tickets.

6.6.      You may only deposit funds that take the cash balance in your account up to a maximum of £2,000 at any point in time.

6.7.      We may monitor the value of deposits made to your account. For your own safety and to encourage you to gamble responsibly, we may impose limits on how much you can add to your account.  We will always tell you if you have reached the limit.

6.8.      Prize wins, bonuses or good will payments that take a player’s cash balance over £2,000 will be permitted. However, we may request you to withdraw funds after the aforementioned payments have been made to your account.

6.9.      Deposits and withdrawals can only be made via your Registered Payment Method.  Minimum deposit and withdrawal limits may apply; please refer to the deposit and withdrawal page for details. If your Registered Payment Method is a jointly owned bank account or joint credit or debit card, you accept that all payments that we make to you from your Player Account will be paid to that joint account or card. If your Registered Payment Method is a debit or credit card, it can only be used on one Player Account and it must not have been reported as lost or stolen.  If you believe your card is lost or stolen and you wish to use a replacement card as your new Registered Payment Method, or you wish to change your Registered Payment Method while there are Funds or pending Tickets in your Player Account, you should contact our customer service team (www.scottishchildrenslottery.com/ contact). We may require you to withdraw any existing Funds and wait for any pending Tickets to be completed before updating your Registered Payment Method.  We may need to perform further checks to verify the ownership of the new Registered Payment Method before accepting it, and we reserve the right to do so.

6.10.   If your card expires, you will be able to update your Player Account with the new card information online or by calling customer service[3] without having to withdraw all the Funds from your account, and without waiting for a future Lottery Draw to take place.

6.11.   If you tell your bank or building society that your Registered Payment Method has been used, without your authorisation, to make a payment into your Player Account, and they ask us to return the payment to your Registered Payment Method, we will suspend your Player Account and investigate the matter. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.12.   If you set up a Direct Debit, you will be bound by the terms of the Direct Debit Scheme and the Direct Debit Guarantee Scheme.  You can find more details here.

6.13.   If you are a Subscription Player, we must receive payment for a Ticket before the Lottery Draw.  This means that if a Direct Debit or other recurring payment is recalled or rejected by your bank, any ticket associated with the failed payment will be withdrawn from the applicable Lottery Draw and will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.14.   Balance in your account consist of the following two categories:

6.14.1.   Cash – this refers to funds deposited by you and cash prizes deposited by us into your account,

6.14.2.   Bonus – this refers to promotional bonuses we offered to you which you can use to purchase tickets. Withdrawal of Bonus Funds is not permitted.

6.15.   We will also apply payments from your account in a particular order.  When you hold Bonus Funds in your account, these are spent first.  After that, we take payments from any Funds in the ‘cash’ balance.  The cash balance is made up of payments deposited from your Registered Payment Method and cash-equivalent payments from Prizes.  Subscription payments and free Fast Pick tickets are spent separately.

6.16.   You can close your Player Account at any time provided that:

  • There are no remaining funds in your player wallet.
  • You have no active subscriptions.
  • You have no active lottery tickets for draws yet to take place.
  • You have no Instant Win Lottery games waiting to be completed.

If you wish to close your Player Account, you can do so in the ‘Close Account’ section under ‘My Details’. Subject to clause 6.18, we will transfer the balance in your account to your Registered Payment Method.

6.17.   If you wish to suspend or delete a Direct Debit subscription, you can do so in the ‘Subscriptions’ area of your Player Account. If you decide to delete your Direct Debit subscription, you should also contact your bank to ensure that the cancellation request has been received.  All Lottery Ticket(s) purchased with payment(s) collected before you suspend or delete your Direct Debit subscription will remain valid. We will stop collecting Direct Debit payments at this point, and you will not be entered into any subsequent Lottery Draws.

6.18.   If you win a Prize, we will do one of the following:

6.18.1.      for direct debit subscribers:

6.18.1.1.   prize money of £2,000 and under will be paid into your bank account automatically,

6.18.1.2.   prize money of over £2,000 will be paid into your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

6.18.2.      for non direct debit subscribers:

6.18.2.1.   prize money £2,000 and under will be paid into to your player’s account;

6.18.2.2.   prize money of over £2,000 will be paid to your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

7.         CAN I CHANGE MY MIND?

7.1.      We will only allow cancellation of a Ticket under exceptional circumstances (such as self-exclusion after you have bought a Ticket, or if some material features of the Lottery are changed). Except in the case of self-exclusion under clause 10, any cancellation or reversal will need to be completed at least 72 hours before the Lottery Draw for the relevant Lottery.

7.2.      If you bought a Ticket in advance of a Lottery Draw that is then subject to change(s) in these terms and conditions, but prior to us notifying you of the change(s), you may request a refund of your ticket.  You must send us an email request for refund from your registered email address at least 72 hours in advance of the affected Lottery Draw, subject to the limitations stated in clause 11.  You acknowledge that if we accept your application for a refund, we will withdraw your ticket from the applicable Lottery Draw and you will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket.

7.3.      For the avoidance of doubt, you can’t cancel an Instant Win Lottery Ticket after you buy it, and if you don’t like the numbers selected for you in a Fast Pick Ticket you are not entitled to cancel the Ticket.

THE LOTTERY DRAW, INSTANT WIN LOTTERY, FREE RAFFLES AND PRIZES

8.         THE LOTTERY DRAW

8.1.      After setting up a Player Account as described in clause 6, you enter the Lottery Draw by buying a Ticket on our website, mobile site, mobile app, or by phoning customer service (www.scottishchildrenslottery.com/contact)[4]. Tickets cost £1 per Line.

8.2.      To select numbers for each line of the lottery ticket, you must either choose 5 (five) different numbers between 1 (one) and 49 (forty nine) inclusive, or use Fast Pick to automatically select the numbers for you. Where you enter the Lottery Draw by way of a Free Ticket having been issued for Players who have met the promotion criteria set out in the terms and conditions of the relevant promotion, the entry shall be by way of a Fast Pick only.

8.3.      Once you have selected the numbers of all lines you wish to purchase in a ticket, you can then select the number of draws you wish to enter using the same ticket (with the same selected number of lines and lottery numbers). The lottery draw take place once a week, therefore the number of draws corresponds to the number of weeks you want to participate. The screen will now display the total cost of the ticket. Click ‘PLAY’ to continue. The system will now ask you to confirm your selections. Click ‘Confirm’ to confirm your purchase.

8.4.      It is your responsibility to check prior to clicking ‘Confirm’, that your lottery number selections (except in the case of a Fast Pick Ticket) and the number of draws are correct.  You can also review this information after the ticket purchase by clicking the ‘Lottery History’ link under the ‘My Tickets’ section in your Player Account.

8.5.      A Ticket will be valid only for the Lottery Draw(s) to be held on the date(s) shown in your Player Account.  If you are a Subscription Player, we will enter you into the Lottery Draw on a continuous basis, unless you cancel your Direct Debit or recurring card payment.  If you are not a Subscription Player, you may buy a Ticket that enters you into the Lottery for up to eight weeks in advance.

8.6.      The maximum number of lines per Ticket purchase is 100 (which may compose of multiple lines and multiple draws). You can make multiple Ticket purchases in multiple transactions as long as the total spend is within the ‘Spending limit’ in ‘My Details’ (which you can edit at any time).

8.7.      You may buy a Ticket up until the Draw Lockdown on the date of a Lottery Draw, which is set to be 6:00pm on Monday.  After this time, sales will be closed for that night’s Lottery Draw and you will only be able to buy a Ticket for a future Lottery Draw. Whilst we will try to ensure that the time of the Draw Lockdown is consistent from week to week, there may be exceptional circumstances when we have to change a Draw Lockdown.  It is your responsibility to ensure you buy your Ticket in plenty of time and we will not be responsible for loss of opportunity to enter a Lottery Draw if the time of the Draw Lockdown is changed.

8.8.      We will display the name of the participating Charity that will benefit from the Lottery Draw in any given week on our website, and the relevant Charity’s name will also be on the Ticket receipt displayed on screen after you buy a Ticket. Ticket receipts for more than one Lottery Draw will clearly display the date of all Lottery Draws and the relevant Charity for each Lottery Draw.

8.9.      We reserve the right to hold the Lottery Draw on an alternative date if the normal Lottery Draw date falls on a Bank Holiday.  We will notify any customer who has purchased ticket(s) of the affected draw via email. Any such change will also be posted on our website.  We also reserve the right to re-schedule or cancel the Lottery Draw, or to offer the alternative solution set out in clause 8.15 if circumstances arise, or if the normal Lottery Draw date falls, on any other day we deem, in our absolute discretion, unsuitable for holding a Lottery Draw.

8.10.   We will publish the results of each Lottery Draw on our website. The TV broadcast schedule will be announced on our website. A Prize shall only be awarded to a winning Ticket that has the Winning Numbers recorded at the Lottery Draw itself. We will automatically notify Players via their registered email address if they have won a Prize.

8.11.   In the Lottery Draw, 5 (five) Winning Numbers will be drawn at random by the Ball Machine. The Bonus Number will be drawn after all five Winning Numbers have been drawn.

8.12.   You may only claim one Prize in respect of each Line per Draw.

8.13.   From time to time, we may, at our absolute discretion, increase the prize amount for a Lottery Draw (up to the limit permitted by law), which will be announced on our website ahead of the draw. Under the Gambling Act 2005, no winner is entitled to receive more than £25,000 or 10% of total Ticket sales for that Lottery, whichever is greater.

8.14.   The Lottery Draw will be conducted by STV ELM Limited, who will record the Winning Numbers and Bonus Number. If STV ELM Limited observes or suspects any irregularity or failure in the procedure, the Lottery Draw will be stopped, declared null and void, and a new Lottery Draw will take place. 

8.15.   In the event of a Ball Machine failure, results from the next available draw of Germany’s Lotto 6aus49 lottery will be used to complete the Lottery draw. On the Wednesday following a Ball Machine failure the first five numbers drawn in the Lotto 6aus49 draw will be used as the Winning Numbers and the sixth number drawn in the Lotto 6aus49 draw will be used as the Bonus Number. The draw may be watched live on Wednesday evening at the following website address: http://www.lotto.de/de/ergebnisse/lotto-6aus49/live-ziehung.html. Results for the draw are also available at the following website address: https://www.lotto.de/de/ergebnisse/lotto-6aus49/archiv.html.

8.16.   Subject to clauses 6.11, 7 (seven) and 10 (ten), entries are final and, once completed, cannot be cancelled, reversed or refunded.

8.17.   Subject to this clause 8, Prizes paid to the holders of Tickets with Winning Numbers will normally be as follows:

8.17.1.      If 2 (two) Winning Numbers are matched on your Ticket, you will win a Fast Pick Ticket that will be automatically entered by our Computer System into the next scheduled Lottery Draw, unless 8.19 applies;

8.17.2.      If 3 (three) of the Winning Numbers are matched on your Ticket, you will win one Prize of £25;

8.17.3.      If 4 (four) of the Winning Numbers are matched on your Ticket, you will win one Prize of £250;

8.17.4.      If 4 (four) of the Winning Numbers and the Bonus Ball are matched on your Ticket, you will win one Prize of £2,000;

8.17.5.      If 5 (five) of the Winning Numbers are matched on your Ticket, unless clause 8.13 applies, you will win a Prize up to a maximum of £25,000. Where there are multiple winners of the Jackpot, we will impose Prize Capping of £100,000 on the Jackpot Prize pool. For example, if there are 4 or less winners of the Jackpot, each winner will receive £25,000 according to the prize table. However, if there are 5 winners of the Jackpot, each winner will have an equal share of the £100,000 Jackpot Prize pool and receive £20,000 each.

Lottery Draw Prize table

Tier Number Matched Prize Odds of Winning
1 5 Main Numbers (Jackpot) £25,000 1,906,884
2 4 Main Numbers + Bonus Ball £2,000 381,377
3 4 Main Numbers £250 8,869
4 3 Main Numbers £25 202
5 2 Main Numbers One Fast Pick Entry 14

Approximate overall odds of winning a prize: 1 in 13


8.18.   A Prize Capping of £500,000 will also be imposed on the total prize amount (including all winning categories) in a single draw. In such circumstances, we may reduce all prize categories in proportion so as to bring the total Prize payout to a maximum of £500,000 for any single Lottery Draw.

8.19.   In cases where the £500,000 Prize Capping has to be imposed on a particular draw, we reserve the right to cancel Prize Tier 5 where two main numbers are matched in the Lottery Draw.

8.20.   Players winning the main Lottery Jackpot, i.e. matching 5 (five) Winning Numbers, will not be eligible to enter the weekly free Raffle (described in clause 8.31). Winners of other tiers in the main Lottery Draw will be able to participate in the associated weekly free Raffle.

INSTANT WIN LOTTERIES

8.21.   We may change the list of Instant Win Lottery games available for play at any time.

8.22.   You can play an Instant Win Lottery on a sample basis in ‘Try’ mode on our website. When you do this you will not be charged to play, and none of the prizes displayed will be payable. You will need to complete our age verification process in order to access ‘Try’ mode.

8.23.   The result of each Instant Win Lottery will be generated by a Random Number Generator at the time you buy a Ticket, and it will not include any element of skill. Our Computer System will allocate the Prizes corresponding to the generated results according to the advertised Prize structure.  Each Player’s chance of winning a Prize will be exactly the same at the point of purchase and will not be affected by previous wins in the same Instant Win Lottery or Prizes previously paid in other Instant Win Lottery.

8.24.   The top prize for an Instant Win Lottery is £25,000, unless the Ticket sales are greater than £250,000. In that case, we may increase the Prize up to an amount equal to 10% of Ticket sales or up to £400,000, whichever is lower.

8.25.   Within each Instant Win Lottery game page, information is provided which includes: ’How to play’, the name of each Instance Win Lottery game, the price to play, the Prize structure, the odds of winning for each Prize tier, the Charity operating that week’s lottery.

8.26.   Participation in the Instant Win Lottery is complete when our Computer System shows whether or not you have won a Prize. This is the case whether you have witnessed the completion of that Lottery, or if clause 8.27 applies.  If it isn’t possible to determine whether or not you have won a Prize after buying a Ticket, that Instant Win Lottery will be deemed to be incomplete. You will need to reconnect to our Computer System to be able to complete that Instant Win Lottery.

8.27.   If you buy a Ticket for an Instant Win Lottery but do not play it, our Computer System will automatically complete that Lottery before you exit our Computer System.

8.28.   You can view the result of all your Instant Win Lotteries in the ’Instant Win Tickets’ area under ‘My Ticket’.

8.29.   For an Instant Win Lottery, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

8.30.   When you play an Instant Win Lottery, the company that supplies us with those lottery games is not responsible for any financial transactions from your account.  We will continue to be responsible for these payments.

FREE RAFFLES

8.31.   A Free Raffle Draw, funded by the STV ELM Limited, will be held each week on the same day after the Lottery Draw.  Subject to clause 8.20, you will automatically receive one entry into the Free Raffle Draw for each Lottery line you purchase for that week. Each entry is identified by a unique Raffle Code. A random number generator will be used to select Raffle winner(s) from all valid entries. If you win a Prize, you must claim it within the timescale set out in clause 9.4.

8.32.   In addition to the weekly free Raffle, we may promote other free Raffles from time to time. These Raffles will be separate from the Lottery Draw, and we will publish the rules for each Raffle on our website.

8.33.   We reserve the right to close a free Raffle without notice or compensation if it is subject to complaint by a Player, law enforcement agency or the Gambling Commission, or if there is any issue over its integrity.

8.34.   For the free Raffles, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

PRIZES

8.35.   We may change the Prize sums paid to Players where we are required to do so by law, regulation or if the Gambling Commission tells us to do so. We will endeavour to notify you if it is possible and permitted by the authorities.

8.36.   Prizes will be rounded up to the nearest pound if required.

 

9.         WHAT HAPPENS IF I WIN?

9.1.      Winnings up to £2,000 in the Lottery Draw, free Raffle, or Instant Win Lottery will be paid into your Player Account except for Direct Debit Subscribers for which the prize will be paid into your bank account.

9.2.      If your winning is more than £2,000, we will request documentation from you (as stated in clause 6.4) in order to perform due diligence verification, and if satisfactory, we will make a payment into your bank account.

9.3.      Where we pay a Prize to an Excluded Person, or otherwise pay a Prize in error, the Prize or any payment made in error must be returned immediately to us.

9.4.      We will use our reasonable endeavours to make the Prize payment to you within fourteen days of receiving the requested documentations from you in order to perform due diligence verification.  You must claim a Prize no later than 6pm on the 180th day after the date of the relevant Lottery Draw.  If you don’t claim a Prize within this period, it will be forfeited, and the Prize will be returned to the relevant Charity for distribution to its Good Causes.

9.5.      If you win a Prize, it is your responsibility to pay any and all taxes due in respect of that Prize.

10.       Responsible Gambling

10.1.   At Scottish Children’s Lottery, we provide you with a variety of facilities to help you stay in control and play responsibly. These facilities include Deposit Limit, Spending Limit, Game Play Reminder, Time Out, Self-Exclusion and Account Closure. To access and find out more about these facilities, click the link ‘Play Responsibly’ at the bottom of our website.

10.2.   The use of these facilities involves a joint commitment between you and us. We will take all reasonable steps to prevent you from gambling beyond any limits or restrictions that are set within your account. At the same time, you must not attempt to circumvent those limits or restrictions. We shall not be liable to any damages caused by your circumvention, or to return any deposits, winnings, or other funds in respect of such activity.

10.3.   After self-excluding from our site, we also advise that you self-exclude from any other gambling operators where you hold accounts. Also there is website filtering software to prevent you from accessing gambling websites from your personal computer. These includes: GamBlock, Cyber Patrol, Net Nanny, Optenet PC, Betfiler.

10.4.   We may also impose operator exclusion, time-out, deposit and spending limits if we think it is necessary to help you stay in control. If we do this, we will tell you what and when measures are put into place.

11.       LIMITATION OF OUR LIABILITY AND RESERVATION OF RIGHTS

11.1.   Subject to clause 11.2, our liability to you shall be limited to the amount of any Prize or refund that you may have become entitled to under these terms and conditions.  We shall not be liable for any loss other than our failure to pay out a Prize or a refund you are entitled to.  In particular, neither we nor any Charity shall be liable to you for any loss or damage you suffer because of:

11.1.1.  any failures, errors or delays in our Computer System,  any postal services, or electronic banking services used by us or you from time to time;

11.1.2.  incorrect- or misuse of our website, mobile site, mobile application, or customer service centre;

11.1.3.  any event that is beyond our, or the Charities’ reasonable control (such as fire, flood, power failure, war, failure of telecommunications services or act of government);

11.1.4.  your failure to meet your obligations set out in clause 6;

11.1.5.  your entry into the Lottery, or any act, omission or event that prevents you from entering the Lottery;

11.1.6.  the withdrawal or cancellation of a Lottery;

11.1.7.  your failure to keep your contact details updated under clause 14.11; or

11.1.8.  a negligent act or omission by you.

11.2.   Nothing in these terms and conditions shall exclude or limit our liability:

11.2.1.  for death or personal injury resulting from our negligence; or

11.2.2.  for fraud or fraudulent misrepresentation; or

11.2.3.  where it can’t be excluded or limited by law.

11.3.   We are not liable in contract, delict or tort (including but not limited to negligence), or otherwise in connection with the Lottery for:

11.3.1.  loss of profits, business or anticipated savings or loss of data;

11.3.2.  any special or indirect or consequential losses; or

11.3.3.  any loss of goodwill or reputation.

11.4.   By requesting self-exclusion under clause 10, you are entering an agreement with us. If you breach the self-exclusion agreement by circumventing our measures to stop you from accessing your Player Account, we shall not be liable to you or any third party in respect of any breach by you of that agreement giving rise to loss, and we are under no obligation to compensate any loss or damage caused by your action or breach, or to return any deposits, winnings, or other funds in respect of your action or your breach.

11.5.   We exclude all warranties, conditions and guarantees relating to the Lottery, whether express or implied by law, to the maximum extent permitted by law.

11.6.   The Lottery is provided on an “as is” and “as available” basis and we make no representations or endorsements of any kind.  We do not guarantee that our website, telephone system, broadcast or live transmission of the Lottery Draw will be uninterrupted or error-free.  If we need to carry out maintenance work to upgrade or update our Computer System, we may need to suspend the provision of the Lottery.  We will tell you if our Computer System will be unavailable for scheduled maintenance.

11.7.   We reserve the right to suspend or close a Player Account, or refuse to set up a Player Account.  This is at our absolute discretion and we do not have to disclose our reasons.  If we close your Player Account, we will return all monies held in the account to the Registered Payment Method within seven (7) working days, unless clause 14.6 applies.

11.8.   If you visit any websites via hyperlinks provided on our website, all transactions made on those websites are conducted entirely at your own risk.

12.       YOUR LIABILITY

12.1.   You agree to fully indemnify us in respect of all liabilities, claims, actions, damages, expenses, demands or costs incurred by or awarded against us, due to your negligent conduct, omission or misuse of our website or your Player Account.  Nothing contained in these terms and conditions shall affect your statutory rights.

13.       MAKING A COMPLAINT

13.1.   If you have a complaint or if you are unhappy about any aspect of the Lottery, or if you want a copy of our complaints procedure you should contact our Customer Service team (www.scottishchildrenslottery.com/contact).

13.2.   If you are not satisfied with the proposed resolution of a complaint through our complaints procedure, then if the dispute meets the criteria detailed in the Gambling Commission’s Code of Practice, you may be able to refer your complaint to an independent adjudicator for further investigation and review.  This independent adjudicator is called the Independent Betting Adjudication Service (IBAS), and specialises in the resolution of gaming disputes. They will consider your complaint totally impartially and we are bound by their decision. Complaints/disputes can be pursued with IBAS for up to 12 months following the date at which all attempts to resolve the dispute with us has failed. IBAS contact details are as follows:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS 

Telephone: 020 7347 5883

E mail: adjudication@ibas-uk.co.uk

Website: www.ibas-uk.com

14.      GENERAL

14.1.   Scots law applies to these terms and conditions, and the Scottish courts will decide the outcome of any litigation arising between you and us.

14.2.   All intellectual property rights generated from the operation of the Lottery shall belong to us or our licensors. Copyright, trademarks and other intellectual property rights, including without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website and social media sites or on other promotional material for the Lottery, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off, belong to us or our licensors. You are permitted to use this material and content only as expressly authorised by us or our licensors. You agree to take all steps (at our cost) to vest in us any intellectual property that you create in the course of entering the Lottery, or posting material on our website or social media sites.

14.3.   You acknowledge and agree that the material and content contained within our website is made available for your personal, non-commercial use. You are not permitted any other use of such material and content. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content. 

14.4.   We will store, manage and use all information you provide to us for the purposes of the Lottery in accordance with current Data Protection legislation and also with the privacy policy posted on our website (www.scottishchildrenslottery.com/privacy-policy). Our privacy policy forms part of these terms and conditions.

14.5.   If you wish to be removed from our mailing list, you should

14.5.1.   click on the unsubscribe link shown on all our e-mails, or

14.5.2.   change your ‘Notification Preferences’ within ‘Personal Details’ in your Player Account, or

14.5.3.   contact our Customer Service team (www.scottishchildrenslottery.com/contact).

14.6.   If you do not transact on your Player Account for a period of twelve months, your Player Account will be classed as dormant.  We will e-mail you if your Player Account is likely to become dormant to tell you what you need to do in order to prevent this happening.  If you take no action following the period specified in our correspondence with you, we reserve the right to close your Player Account and transfer the balance held within it to the Charities for distribution to their Good Causes.

14.7.   You acknowledge that we may want to carry out publicity activity relating to Players and Prizes.  Unless we are required to do so by law, we will only disclose information about you or your Prize with your consent (or in the case of a syndicate, the consent of each Player).

14.8.   We may terminate, vary or suspend the provision of the Lottery, or access to your Player Account without prior notice:

14.8.1.   on breach of these Terms and Conditions or the relevant Lottery rules; or

14.8.2.   if we stop managing the Lottery;

14.8.3.   where we are required by law to do so; or

14.8.4.   for any other reason at our sole discretion (always acting reasonably).

14.9.   On termination of your Player Account or the Lottery, we will return your Funds to your Registered Payment Method. In the event that a refund cannot be made, the provisions made in clause 14.6 will apply.

14.10. The Charities may change from time to time.  It is our responsibility to add charities to the Scottish Children’s Lottery, or to remove charities from it.  We will always tell you if the Charities change.

14.11. It is your responsibility to ensure that the information you give us when you register to play the Lottery is kept up to date.

15        WHAT HAPPENS TO MY MONEY IN THE EVENT OF INSOLVENCY?

15.11  The Gambling Commission requires us to tell you what happens to Customer Funds, and the extent to which those Funds are protected in the event of our insolvency. Customer Funds (both monies deposited by Players or reflected in their Account Balance as a result of Prizes paid to Players) are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This corresponds to a ‘medium’ level of protection as defined by the Gambling Commission.  You can get more information from the Gambling Commission’s website at www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx.

Footnotes: 

[1] This includes the draw adjudicator, draw presenter and any guest(s) present at the main Lottery draw.
[2] Immediate family members include parent, step-parent, child, step-child, spouse and sibling.
[3] Standard geographic rates apply for landline. Mobile may vary.
[4] Standard geographic rates apply for landline. Mobile may vary.

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1.         INTRODUCTION

1.1.      The terms and conditions below shall be effective from the 16th of March, 2017 and supersede any previous versions.  They set out the rules for each of the Lottery Draws and any related promotions, collectively known as the “Scottish Children’s Lottery” or “Lottery”.  All entries into, and participation in, the Scottish Children’s Lottery are governed by these terms and conditions.

1.2.      The Scottish Children’s Lottery is a scheme where four society lotteries operate in rotation under the Gambling Act 2005. Each of the society lotteries is operated by one of the four Scottish Charitable Incorporated Organisations (SCIOs), including: Chance to Flourish, (registered number SC046177) Chance to Study, (registered number SC046178) Chance to Succeed, (registered number SC046179) and Chance to Connect, (registered number SC046173) (“the Charities”). The Charities are all regulated by the Office of the Scottish Charity Regulator (“OSCR”). By operating like this, each SCIO can keep its costs lower, and donate more money to Good Causes.

1.3.      Each of the Charities has appointed STV ELM Limited (“us”) to promote and manage its Lottery. We are regulated and licensed as an external lottery manager by the UK’s Gambling Commission (www.gamblingcommission.gov.uk) with licence number: 000-045374-R-324694-001. Our address for correspondence is STV ELM Limited, Pacific Quay, Glasgow, G51 1PQ.

1.4.      The Scottish Children’s Lottery operates in a weekly rotation for each Charity’s Lottery.  Each Charity has the primary objective of helping to alleviate child poverty and hardship in Scotland. The purposes of each Charity are related, but distinct, and each Charity supports Good Causes aligned to specific periods of a child’s life and development (i.e. early-years intervention, educational achievement, employability and employment skills and community development and citizenship).  Each Charity will donate at least 30% of ticket sales for its Lottery to Good Causes connected to its own purposes. You can learn more about each Charity by visiting this page www.scottishchildrenslottery.com/goodcauses.

1.5.      Each of the Charities is licensed by the UK’s Gambling Commission to operate their society Lottery under the Gambling Act 2005. The Charities take it in turn to hold their Lottery each week and ticket sales benefit the Lottery being promoted in a particular week.  You can see on our website when each Charity’s Lottery is scheduled: www.scottishchildrenslottery.com/societyschedule. The Charities are independent organisations, and you can read more about them and the Good Causes they support on our website:  www.scottishchildrenslottery.com/goodcauses.  Each of the Charities works with the STV Children’s Appeal to identify potential Good Causes, and each Charity then decides for itself which Good Causes to donate money to from its Lottery ticket sales.

1.6.      We will post the current terms and conditions on our website, along with the rules or conditions applicable to entry for the Instant Win Lottery, Raffle and other promotions (subject to specific promotional terms and conditions).

1.7.      We may change these terms and conditions from time to time. If we do, we will notify all players for whom we have valid email addresses at least 14 days in advance of the change(s) coming into effect. We may require positive acknowledgement from you before we will accept any further deposits or ticket purchase from you.

 

2.         DEFINITIONS

2.1.      Any words within these terms and conditions that start with a capital letter shall have the following meanings:

“Ball Machine” means the ball machine that we use for the Lottery Draw, as described in clause 8.11;

“Bank Holiday” means a day when banks in Scotland are generally closed for business; 

“Bonus Number” means the number drawn in addition to the 5 (five) Winning Numbers;

“Charity” means a Scottish Charitable Incorporated Organisation (SCIO) licensed and regulated by the Office of the Scottish Charity Regulator (“OSCR”). They are also licensed by the UK’s Gambling Commission to operate and promote a society lottery under the brand name Scottish Children’s Lottery;

“Computer System” means the software and infrastructure we use to operate the Lottery;

“Direct Debit” means a recurring, scheduled payment from your Registered Payment Method for entry into multiple Lotteries;

“Direct Debit Guarantee Scheme” means the scheme operated by banks and building societies, that protects you in the rare event that there is an error in the payment of your Direct Debit;

“Draw Lockdown” refers to the time at which it is no longer possible to buy a Ticket for that night’s Lottery. The current Draw Lockdown is 6:00pm on Monday;

“Excluded Person” means a person who does not meet the eligibility criteria set out in clause 3 and who falls within any of the categories set out in clauses 5 and 10, together with such other persons (or category of persons) as we, a relevant Charity and/or the Gambling Commission may specify or agree from time to time.;

“Free Ticket” means a free Ticket that we may offer to Players during a promotion from time to time when the terms of the promotion is met (for example, buy £x worth of Tickets and get a free Line);

“Funds” means the value of the money held in your Player Account that is available to use to purchase a Ticket or withdraw to your Registered Payment Method;

“Good Causes” means projects aimed at the alleviation of child poverty and hardship in Scotland;

“Instant Win Prize” means any Prize, whether a cash amount or a product, that we offer as part of any Instant Win Lottery;

“Instant Win Lottery” means a Lottery found on the ‘Instant Win’ page of our website and in that the Player buys a Ticket to reveal the outcome of a Lottery immediately;

“Jackpot” or “Jackpot Prize” means the top prize in any Lottery;

“Line” means each individual selection of 5 (five) numbers entered into a Lottery

“Lottery” means the society lottery operated and promoted by a Charity, and comprising any or all of the following: the Lottery Draw, Instant Win Lotteries or other lotteries offered from time to time;

“Lottery Draw” means the weekly main lottery draw conducted by The Scottish Children’s Lottery every Monday.;

“Player” means a person who enters a Lottery and meets the eligibility criteria set out in clause 3 and in the case of a syndicate, means the person who buys the ticket on behalf of the syndicate;

“Player Account” means the online account you set up with us when you register as a Player, and that is described in clause 6;

“Prize” means the prize monies, non-cash prizes, or Fast Pick Ticket prize that you could win in a Lottery, free Raffle or any other competitions we may held from time to time;

“Prize Capping” means the process that we may use in order to limit the total value of cash Prizes in a single Lottery Draw to £500,000, or that of the total Jackpot Prize pool to £100,000 in a single Lottery Draw when more than one Player has matched the Jackpot Winning Numbers;

“Fast Pick” means a Line where all the numbers have been selected randomly on your behalf by our Computer System;

“Fast Pick Prize” means a single Fast Pick Line issued as a prize for Players who have matched two numbers in the Lottery Draw and is automatically entered into the next available Lottery Draw;

“Raffle” refers to the weekly free raffle held on Monday after the Lottery Draw, as well as any free promotional raffles that we may hold from time to time. All free raffles are free prize draws funded by STV ELM Limited;

“Raffle Code” refers to the unique number which is a combination of the ticket number and the three digit lottery line number shown on your ticket receipt. For example, if your ticket number is 01111-222222-333333 and the line number is 2, then your unique Raffle Number will be 01111-222222-333333.002.;

“Raffle Draw” means the draw that takes place for all eligible Raffle entries;

“Registered Payment Method” means the credit or debit card you use to buy a Ticket, or the bank or building society account held in your name from which you set up a Direct Debit into your Player Account;

“STV Children’s Appeal” means the STV Appeal, a Scottish Charitable Incorporated Organisation with registered number SC042429, whose primary purpose is to relieve poverty and hardship amongst children and young persons in Scotland, currently branded as “STV Children’s Appeal”;

“Subscription Player” means a Player who pays for a Lottery Ticket using a Direct Debit or recurring debit or credit card payment facility on a continuous basis;

“Ticket” means the electronic ticket allocated to a Player by our Computer System that bears the numbers entered into the Lottery for that Player;

“Winning Number” means each of the five numbers between 1(one) and 49 inclusive, drawn at random in the Lottery Draw, before a Bonus Number is drawn.

In addition,

“us” / “we” / “our” refers to STV ELM Limited;

“you” /”your” refers to a Player.

3.         WHO CAN PLAY?

3.1.      To enter the Lottery and to be eligible to win a Prize, you:

3.1.1.    must be 16 years of age or over (please note that under age gambling is an offence),

3.1.2.    must be a resident of, and physically located in Great Britain at the time you purchase the Lottery Draw or Instant Win Lottery;

3.1.3.    must have a Player Account with us;

3.1.4.    must have successfully passed our age and identity verification process as required by law;

3.1.5.    must comply with these terms and conditions and any other rules of the Lottery notified by us;

3.1.6.    must not be an Excluded Person.

3.2.      A syndicate may enter the Lottery. One Player within the syndicate needs to have a Player Account in order to buy Ticket(s) on behalf of the syndicate.  We are not responsible for management of a syndicate.  It is the responsibility of each member of a syndicate to ensure that they agree rules for management and operation of the syndicate with the other members.  We have provided a sample syndicate agreement on our website (www.scottishchildrenslottery.com/syndicates) that you may adapt to suit your own needs if you are in a syndicate. If you buy a Ticket on behalf of a syndicate, it is your responsibility (not ours) to ensure no syndicate member is an Excluded Person.

4.         CONDITIONS OF ENTRY

4.1.      All entry instructions communicated by us and that are available on our website shall form part of the terms and conditions of a Lottery or free Raffle. 

4.2.      When you buy a Ticket, you acknowledge and agree that:

4.2.1.    you will be entered into a Lottery, promoted by the relevant Charity on the date of the Lottery for which the Ticket is valid;

4.2.2.    a minimum of 30% of the Ticket price will go towards Good Causes; and

4.2.3.    any misrepresentation of fact as to your eligibility, whether intentional or unintentional, will make you an Excluded Person and ineligible to win a Prize.

4.3.      You agree to be bound by these terms and conditions, all rules and conditions on our website for entry to a Lottery Draw, Instant Win Lottery, free Raffle or promotion, any applicable sections of The Gambling Act 2005 and any relevant regulations made under it from time to time. If you have not complied with the relevant rules, terms and conditions, we will not be liable for any loss or damage you suffer.  This includes the loss of opportunity to enter a Lottery or free Raffle and/or right to receive a Prize.

4.4.      Your Lottery Draw Tickets and Instant Win Lottery Tickets will only be considered as valid (and hence eligible for a prize) if you have successfully passed our verification process under clause 6. We will have sole discretion as to whether to accept any entry to the Lottery and pay out a Prize.  We may refuse any entry to the Lottery or withhold any Prize if we have reasonable grounds to believe that any applicable terms and conditions have been breached. In exercising our discretion under this clause 4.4, we will rely on our own technical logs and records, and our decision will be final and binding.

5.         EXCLUDED PERSONS

5.1.      Excluded Persons are not eligible to participate in the Lottery or to receive any Prizes.

5.2.      We treat the following persons as Excluded Persons, and therefore, not eligible to participate in the Lottery:

              1.        director, employee or trustee of (i) STV ELM Ltd., (ii) a Charity;

              2.        board of directors or management team of STV Group Plc;

              3.        employees of key IT contractor or supplier of the Lottery product;

              4.        customer service agent providing service to STV ELM Ltd.;

              5.        person involved in the main Lottery Draw[1];

              6.        immediate family members[2] of group 1. to 5. as listed above living in the same household;

              7.        a self-excluded person as per clause 10;

              8.        any person who does not comply with these T&Cs.

5.3.      We reserve the right to exclude any Player from the Lottery when required by any relevant authorities or if we believe, in our sole discretion, that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.

5.4.      By participating in the Lottery, you warrant that you are not an Excluded Person. 

6.         SETTING UP AND USING YOUR PLAYER ACCOUNT

6.1.      You need to have a Player Account in order to participate in the Lottery.  You may apply to set up a Player Account by successfully completing our online registration or by contacting our customer service team (www.scottishchildrenslottery.com/contact). The security of your Player Account is important to us.  It is your responsibility to keep your login details secure.  If you suspect or know that someone else has had unauthorised access to your Player Account, you must tell us promptly and change your user ID and/or password.  If you forget your password, you must follow the instructions on our website in order to obtain a new password.

6.2.      You must tell us your name, date of birth, address and contact details before we can complete the set up of your Player Account.

6.3.      Once your Player Account has been successfully set up, you can then proceed to setup your Registered Payment Method (debit card, credit card or direct debit), make a deposit and purchase lottery ticket(s). Automatic Identity and Age Verification checks will be carried out at the point of your first deposit. In carrying out these checks, your personal information provided will be disclosed to a credit reference agency.  They may make a record of the search. The credit reference agency we used is Callcredit Limited, PO Box 491, Leeds, LS3 1WZ.

6.4.      Should automatic verification fail, we will contact you in order to perform a manual verification. We will require a copy of one document from each of Group A and Group B below, to be sent to us by email or by post. The same document cannot be used to satisfy requirements from both Group A and B. If you have changed your name recently, you are also required to send us a copy of a document from Group C.

Group A – The following documents can be used as proof of ID and age:

·         Current Passport (full copy of photo page)

·         Current UK or EEA photocard Driving Licence (excluding provisional licence)

·         EEA member state identity card

 

Group B – The following documents can be used for proof of address:

·         Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months

·         Bank / Credit Card statement dated within the last three months

·         Current UK Driving Licence (if not used in Group A, and excluding provisional licence)

·         EEA member state identity card (if it carries the address, and not used in Group A)

 

Group C – The following document can be used as Proof of Name Change (in addition to Group A and B, if applicable):

·         Marriage Certificate

·         Deed Poll letter (change of name)

·         Decree Absolute (divorce letter)

You must send us the requested documents to allow us to verify you within 72 hours of your first deposit. If we are not able to successfully verify you within this time frame, your account will be suspended. We may have to cancel your direct debit subscriptions, refund any ticket purchase and Instance Win Lottery play and void any winnings.

If we subsequently discover that you were not, or are no longer, eligible to open a Player Account, we reserve the right to suspend or terminate that Player Account.

 

6.5.      You will be able to deposit funds into your player account which can then be used to purchase lottery tickets.

6.6.      You may only deposit funds that take the cash balance in your account up to a maximum of £2,000 at any point in time.

6.7.      We may monitor the value of deposits made to your account. For your own safety and to encourage you to gamble responsibly, we may impose limits on how much you can add to your account.  We will always tell you if you have reached the limit.

6.8.      Prize wins, bonuses or good will payments that take a player’s cash balance over £2,000 will be permitted. However, we may request you to withdraw funds after the aforementioned payments have been made to your account.

6.9.      Deposits and withdrawals can only be made via your Registered Payment Method.  Minimum deposit and withdrawal limits may apply; please refer to the deposit and withdrawal page for details. If your Registered Payment Method is a jointly owned bank account or joint credit or debit card, you accept that all payments that we make to you from your Player Account will be paid to that joint account or card. If your Registered Payment Method is a debit or credit card, it can only be used on one Player Account and it must not have been reported as lost or stolen.  If you believe your card is lost or stolen and you wish to use a replacement card as your new Registered Payment Method, or you wish to change your Registered Payment Method while there are Funds or pending Tickets in your Player Account, you should contact our customer service team (www.scottishchildrenslottery.com/ contact). We may require you to withdraw any existing Funds and wait for any pending Tickets to be completed before updating your Registered Payment Method.  We may need to perform further checks to verify the ownership of the new Registered Payment Method before accepting it, and we reserve the right to do so.

6.10.   If your card expires, you will be able to update your Player Account with the new card information online or by calling customer service[3] without having to withdraw all the Funds from your account, and without waiting for a future Lottery Draw to take place.

6.11.   If you tell your bank or building society that your Registered Payment Method has been used, without your authorisation, to make a payment into your Player Account, and they ask us to return the payment to your Registered Payment Method, we will suspend your Player Account and investigate the matter. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.12.   If you set up a Direct Debit, you will be bound by the terms of the Direct Debit Scheme and the Direct Debit Guarantee Scheme.  You can find more details here.

6.13.   If you are a Subscription Player, we must receive payment for a Ticket before the Lottery Draw.  This means that if a Direct Debit or other recurring payment is recalled or rejected by your bank, any ticket associated with the failed payment will be withdrawn from the applicable Lottery Draw and will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.14.   Balance in your account consist of the following two categories:

6.14.1.   Cash – this refers to funds deposited by you and cash prizes deposited by us into your account,

6.14.2.   Bonus – this refers to promotional bonuses we offered to you which you can use to purchase tickets. Withdrawal of Bonus Funds is not permitted.

6.15.   We will also apply payments from your account in a particular order.  When you hold Bonus Funds in your account, these are spent first.  After that, we take payments from any Funds in the ‘cash’ balance.  The cash balance is made up of payments deposited from your Registered Payment Method and cash-equivalent payments from Prizes.  Subscription payments and free Fast Pick tickets are spent separately.

6.16.   You can ask us to close your Player Account at any time. If you wish to close your Player Account, you can do so in the ‘Close Account’ section under ‘My Details’. Subject to clause 6.18, we will transfer the balance in your account to your Registered Payment Method. If you have a Ticket (including a Fast Pick Ticket under section 8.17.1) in your Player Account when we receive your instructions to close your account, we will close it after the relevant Lottery Draw for all Lines on the Ticket has taken place.

6.17.   If you wish to suspend or delete a Direct Debit subscription, you can do so in the ‘Subscriptions’ area of your Player Account. If you decide to delete your Direct Debit subscription, you should also contact your bank to ensure that the cancellation request has been received.  All Lottery Ticket(s) purchased with payment(s) collected before you suspend or delete your Direct Debit subscription will remain valid. We will stop collecting Direct Debit payments at this point, and you will not be entered into any subsequent Lottery Draws.

6.18.   If you win a Prize, we will do one of the following:

6.18.1.      for direct debit subscribers:

6.18.1.1.   prize money of £2,000 and under will be paid into your bank account automatically,

6.18.1.2.   prize money of over £2,000 will be paid into your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

6.18.2.      for non direct debit subscribers:

6.18.2.1.   prize money £2,000 and under will be paid into to your player’s account;

6.18.2.2.   prize money of over £2,000 will be paid to your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

7.         CAN I CHANGE MY MIND?

7.1.      We will only allow cancellation of a Ticket under exceptional circumstances (such as self-exclusion after you have bought a Ticket, or if some material features of the Lottery are changed). Except in the case of self-exclusion under clause 10, any cancellation or reversal will need to be completed at least 72 hours before the Lottery Draw for the relevant Lottery.

7.2.      If you bought a Ticket in advance of a Lottery Draw that is then subject to change(s) in these terms and conditions, but prior to us notifying you of the change(s), you may request a refund of your ticket.  You must send us an email request for refund from your registered email address at least 72 hours in advance of the affected Lottery Draw, subject to the limitations stated in clause 11.  You acknowledge that if we accept your application for a refund, we will withdraw your ticket from the applicable Lottery Draw and you will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket.

7.3.      For the avoidance of doubt, you can’t cancel an Instant Win Lottery Ticket after you buy it, and if you don’t like the numbers selected for you in a Fast Pick Ticket you are not entitled to cancel the Ticket.

THE LOTTERY DRAW, INSTANT WIN LOTTERY, FREE RAFFLES AND PRIZES

8.         THE LOTTERY DRAW

8.1.      After setting up a Player Account as described in clause 6, you enter the Lottery Draw by buying a Ticket on our website, mobile site, mobile app, or by phoning customer service (www.scottishchildrenslottery.com/contact)[4]. Tickets cost £1 per Line.

8.2.      To select numbers for each line of the lottery ticket, you must either choose 5 (five) different numbers between 1 (one) and 49 (forty nine) inclusive, or use Fast Pick to automatically select the numbers for you. Where you enter the Lottery Draw by way of a Free Ticket having been issued for Players who have met the promotion criteria set out in the terms and conditions of the relevant promotion, the entry shall be by way of a Fast Pick only.

8.3.      Once you have selected the numbers of all lines you wish to purchase in a ticket, you can then select the number of draws you wish to enter using the same ticket (with the same selected number of lines and lottery numbers). The lottery draw take place once a week, therefore the number of draws corresponds to the number of weeks you want to participate. The screen will now display the total cost of the ticket. Click ‘PLAY’ to continue. The system will now ask you to confirm your selections. Click ‘Confirm’ to confirm your purchase.

8.4.      It is your responsibility to check prior to clicking ‘Confirm’, that your lottery number selections (except in the case of a Fast Pick Ticket) and the number of draws are correct.  You can also review this information after the ticket purchase by clicking the ‘Lottery History’ link under the ‘My Tickets’ section in your Player Account.

8.5.      A Ticket will be valid only for the Lottery Draw(s) to be held on the date(s) shown in your Player Account.  If you are a Subscription Player, we will enter you into the Lottery Draw on a continuous basis, unless you cancel your Direct Debit or recurring card payment.  If you are not a Subscription Player, you may buy a Ticket that enters you into the Lottery for up to eight weeks in advance.

8.6.      The maximum number of lines per Ticket purchase is 100 (which may compose of multiple lines and multiple draws). You can make multiple Ticket purchases in multiple transactions as long as the total spend is within the ‘Spending limit’ in ‘My Details’ (which you can edit at any time).

8.7.      You may buy a Ticket up until the Draw Lockdown on the date of a Lottery Draw, which is set to be 6:00pm on Monday.  After this time, sales will be closed for that night’s Lottery Draw and you will only be able to buy a Ticket for a future Lottery Draw. Whilst we will try to ensure that the time of the Draw Lockdown is consistent from week to week, there may be exceptional circumstances when we have to change a Draw Lockdown.  It is your responsibility to ensure you buy your Ticket in plenty of time and we will not be responsible for loss of opportunity to enter a Lottery Draw if the time of the Draw Lockdown is changed.

8.8.      We will display the name of the participating Charity that will benefit from the Lottery Draw in any given week on our website, and the relevant Charity’s name will also be on the Ticket receipt displayed on screen after you buy a Ticket. Ticket receipts for more than one Lottery Draw will clearly display the date of all Lottery Draws and the relevant Charity for each Lottery Draw.

8.9.      We reserve the right to hold the Lottery Draw on an alternative date if the normal Lottery Draw date falls on a Bank Holiday.  We will notify any customer who has purchased ticket(s) of the affected draw via email. Any such change will also be posted on our website.  We also reserve the right to re-schedule or cancel the Lottery Draw, or to offer the alternative solution set out in clause 8.15 if circumstances arise, or if the normal Lottery Draw date falls, on any other day we deem, in our absolute discretion, unsuitable for holding a Lottery Draw.

8.10.   We will publish the results of each Lottery Draw on our website. The TV broadcast schedule will be announced on our website. A Prize shall only be awarded to a winning Ticket that has the Winning Numbers recorded at the Lottery Draw itself. We will automatically notify Players via their registered email address if they have won a Prize.

8.11.   In the Lottery Draw, 5 (five) Winning Numbers will be drawn at random by the Ball Machine. The Bonus Number will be drawn after all five Winning Numbers have been drawn.

8.12.   You may only claim one Prize in respect of each Line per Draw.

8.13.   From time to time, we may, at our absolute discretion, increase the prize amount for a Lottery Draw (up to the limit permitted by law), which will be announced on our website ahead of the draw. Under the Gambling Act 2005, no winner is entitled to receive more than £25,000 or 10% of total Ticket sales for that Lottery, whichever is greater.

8.14.   The Lottery Draw will be conducted by STV ELM Limited, who will record the Winning Numbers and Bonus Number. If STV ELM Limited observes or suspects any irregularity or failure in the procedure, the Lottery Draw will be stopped, declared null and void, and a new Lottery Draw will take place. 

8.15.   In the event of a Ball Machine failure, results from the next available draw of Germany’s Lotto 6aus49 lottery will be used to complete the Lottery draw. On the Wednesday following a Ball Machine failure the first five numbers drawn in the Lotto 6aus49 draw will be used as the Winning Numbers and the sixth number drawn in the Lotto 6aus49 draw will be used as the Bonus Number. The draw may be watched live on Wednesday evening at the following website address: http://www.lotto.de/de/ergebnisse/lotto-6aus49/live-ziehung.html. Results for the draw are also available at the following website address: https://www.lotto.de/de/ergebnisse/lotto-6aus49/archiv.html.

8.16.   Subject to clauses 6.11, 7 (seven) and 10 (ten), entries are final and, once completed, cannot be cancelled, reversed or refunded.

8.17.   Subject to this clause 8, Prizes paid to the holders of Tickets with Winning Numbers will normally be as follows:

8.17.1.      If 2 (two) Winning Numbers are matched on your Ticket, you will win a Fast Pick Ticket that will be automatically entered by our Computer System into the next scheduled Lottery Draw, unless 8.19 applies;

8.17.2.      If 3 (three) of the Winning Numbers are matched on your Ticket, you will win one Prize of £25;

8.17.3.      If 4 (four) of the Winning Numbers are matched on your Ticket, you will win one Prize of £250;

8.17.4.      If 4 (four) of the Winning Numbers and the Bonus Ball are matched on your Ticket, you will win one Prize of £2,000;

8.17.5.      If 5 (five) of the Winning Numbers are matched on your Ticket, unless clause 8.13 applies, you will win a Prize up to a maximum of £25,000. Where there are multiple winners of the Jackpot, we will impose Prize Capping of £100,000 on the Jackpot Prize pool. For example, if there are 4 or less winners of the Jackpot, each winner will receive £25,000 according to the prize table. However, if there are 5 winners of the Jackpot, each winner will have an equal share of the £100,000 Jackpot Prize pool and receive £20,000 each.

Lottery Draw Prize table

Tier Number Matched Prize Odds of Winning
1 5 Main Numbers (Jackpot) £25,000 1,906,884
2 4 Main Numbers + Bonus Ball £2,000 381,377
3 4 Main Numbers £250 8,869
4 3 Main Numbers £25 202
5 2 Main Numbers One Fast Pick Entry 14

Approximate overall odds of winning a prize: 1 in 13


8.18.   A Prize Capping of £500,000 will also be imposed on the total prize amount (including all winning categories) in a single draw. In such circumstances, we may reduce all prize categories in proportion so as to bring the total Prize payout to a maximum of £500,000 for any single Lottery Draw.

8.19.   In cases where the £500,000 Prize Capping has to be imposed on a particular draw, we reserve the right to cancel Prize Tier 5 where two main numbers are matched in the Lottery Draw.

8.20.   Players winning the main Lottery Jackpot, i.e. matching 5 (five) Winning Numbers, will not be eligible to enter the weekly free Raffle (described in clause 8.31). Winners of other tiers in the main Lottery Draw will be able to participate in the associated weekly free Raffle.

INSTANT WIN LOTTERIES

8.21.   We may change the list of Instant Win Lottery games available for play at any time.

8.22.   You can play an Instant Win Lottery on a sample basis in ‘Try’ mode on our website. When you do this you will not be charged to play, and none of the prizes displayed will be payable. You will need to complete our age verification process in order to access ‘Try’ mode.

8.23.   The result of each Instant Win Lottery will be generated by a Random Number Generator at the time you buy a Ticket, and it will not include any element of skill. Our Computer System will allocate the Prizes corresponding to the generated results according to the advertised Prize structure.  Each Player’s chance of winning a Prize will be exactly the same at the point of purchase and will not be affected by previous wins in the same Instant Win Lottery or Prizes previously paid in other Instant Win Lottery.

8.24.   The top prize for an Instant Win Lottery is £25,000, unless the Ticket sales are greater than £250,000. In that case, we may increase the Prize up to an amount equal to 10% of Ticket sales or up to £400,000, whichever is lower.

8.25.   Within each Instant Win Lottery game page, information is provided which includes: ’How to play’, the name of each Instance Win Lottery game, the price to play, the Prize structure, the odds of winning for each Prize tier, the Charity operating that week’s lottery.

8.26.   Participation in the Instant Win Lottery is complete when our Computer System shows whether or not you have won a Prize. This is the case whether you have witnessed the completion of that Lottery, or if clause 8.27 applies.  If it isn’t possible to determine whether or not you have won a Prize after buying a Ticket, that Instant Win Lottery will be deemed to be incomplete. You will need to reconnect to our Computer System to be able to complete that Instant Win Lottery.

8.27.   If you buy a Ticket for an Instant Win Lottery but do not play it, our Computer System will automatically complete that Lottery before you exit our Computer System.

8.28.   You can view the result of all your Instant Win Lotteries in the ’Instant Win Tickets’ area under ‘My Ticket’.

8.29.   For an Instant Win Lottery, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

8.30.   When you play an Instant Win Lottery, the company that supplies us with those lottery games is not responsible for any financial transactions from your account.  We will continue to be responsible for these payments.

FREE RAFFLES

8.31.   A Free Raffle Draw, funded by the STV ELM Limited, will be held each week on the same day after the Lottery Draw.  Subject to clause 8.20, you will automatically receive one entry into the Free Raffle Draw for each Lottery line you purchase for that week. Each entry is identified by a unique Raffle Code. A random number generator will be used to select Raffle winner(s) from all valid entries. If you win a Prize, you must claim it within the timescale set out in clause 9.4.

8.32.   In addition to the weekly free Raffle, we may promote other free Raffles from time to time. These Raffles will be separate from the Lottery Draw, and we will publish the rules for each Raffle on our website.

8.33.   We reserve the right to close a free Raffle without notice or compensation if it is subject to complaint by a Player, law enforcement agency or the Gambling Commission, or if there is any issue over its integrity.

8.34.   For the free Raffles, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

PRIZES

8.35.   We may change the Prize sums paid to Players where we are required to do so by law, regulation or if the Gambling Commission tells us to do so. We will endeavour to notify you if it is possible and permitted by the authorities.

8.36.   Prizes will be rounded up to the nearest pound if required.

 

9.         WHAT HAPPENS IF I WIN?

9.1.      Winnings up to £2,000 in the Lottery Draw, free Raffle, or Instant Win Lottery will be paid into your Player Account except for Direct Debit Subscribers for which the prize will be paid into your bank account.

9.2.      If your winning is more than £2,000, we will request documentation from you (as stated in clause 6.4) in order to perform due diligence verification, and if satisfactory, we will make a payment into your bank account.

9.3.      Where we pay a Prize to an Excluded Person, or otherwise pay a Prize in error, the Prize or any payment made in error must be returned immediately to us.

9.4.      We will use our reasonable endeavours to make the Prize payment to you within fourteen days of receiving the requested documentations from you in order to perform due diligence verification.  You must claim a Prize no later than 6pm on the 180th day after the date of the relevant Lottery Draw.  If you don’t claim a Prize within this period, it will be forfeited, and the Prize will be returned to the relevant Charity for distribution to its Good Causes.

9.5.      If you win a Prize, it is your responsibility to pay any and all taxes due in respect of that Prize.

10.       Responsible Gambling

10.1.   At Scottish Children’s Lottery, we provide you with a variety of facilities to help you stay in control and play responsibly. These facilities include Deposit Limit, Spending Limit, Game Play Reminder, Time Out, Self-Exclusion and Account Closure. To access and find out more about these facilities, click the link ‘Play Responsibly’ at the bottom of our website.

10.2.   The use of these facilities involves a joint commitment between you and us. We will take all reasonable steps to prevent you from gambling beyond any limits or restrictions that are set within your account. At the same time, you must not attempt to circumvent those limits or restrictions. We shall not be liable to any damages caused by your circumvention, or to return any deposits, winnings, or other funds in respect of such activity.

10.3.   After self-excluding from our site, we also advise that you self-exclude from any other gambling operators where you hold accounts. Also there is website filtering software to prevent you from accessing gambling websites from your personal computer. These includes: GamBlock, Cyber Patrol, Net Nanny, Optenet PC, Betfiler.

10.4.   We may also impose operator exclusion, time-out, deposit and spending limits if we think it is necessary to help you stay in control. If we do this, we will tell you what and when measures are put into place.

11.       LIMITATION OF OUR LIABILITY AND RESERVATION OF RIGHTS

11.1.   Subject to clause 11.2, our liability to you shall be limited to the amount of any Prize or refund that you may have become entitled to under these terms and conditions.  We shall not be liable for any loss other than our failure to pay out a Prize or a refund you are entitled to.  In particular, neither we nor any Charity shall be liable to you for any loss or damage you suffer because of:

11.1.1.  any failures, errors or delays in our Computer System,  any postal services, or electronic banking services used by us or you from time to time;

11.1.2.  incorrect- or misuse of our website, mobile site, mobile application, or customer service centre;

11.1.3.  any event that is beyond our, or the Charities’ reasonable control (such as fire, flood, power failure, war, failure of telecommunications services or act of government);

11.1.4.  your failure to meet your obligations set out in clause 6;

11.1.5.  your entry into the Lottery, or any act, omission or event that prevents you from entering the Lottery;

11.1.6.  the withdrawal or cancellation of a Lottery;

11.1.7.  your failure to keep your contact details updated under clause 14.11; or

11.1.8.  a negligent act or omission by you.

11.2.   Nothing in these terms and conditions shall exclude or limit our liability:

11.2.1.  for death or personal injury resulting from our negligence; or

11.2.2.  for fraud or fraudulent misrepresentation; or

11.2.3.  where it can’t be excluded or limited by law.

11.3.   We are not liable in contract, delict or tort (including but not limited to negligence), or otherwise in connection with the Lottery for:

11.3.1.  loss of profits, business or anticipated savings or loss of data;

11.3.2.  any special or indirect or consequential losses; or

11.3.3.  any loss of goodwill or reputation.

11.4.   By requesting self-exclusion under clause 10, you are entering an agreement with us. If you breach the self-exclusion agreement by circumventing our measures to stop you from accessing your Player Account, we shall not be liable to you or any third party in respect of any breach by you of that agreement giving rise to loss, and we are under no obligation to compensate any loss or damage caused by your action or breach, or to return any deposits, winnings, or other funds in respect of your action or your breach.

11.5.   We exclude all warranties, conditions and guarantees relating to the Lottery, whether express or implied by law, to the maximum extent permitted by law.

11.6.   The Lottery is provided on an “as is” and “as available” basis and we make no representations or endorsements of any kind.  We do not guarantee that our website, telephone system, broadcast or live transmission of the Lottery Draw will be uninterrupted or error-free.  If we need to carry out maintenance work to upgrade or update our Computer System, we may need to suspend the provision of the Lottery.  We will tell you if our Computer System will be unavailable for scheduled maintenance.

11.7.   We reserve the right to suspend or close a Player Account, or refuse to set up a Player Account.  This is at our absolute discretion and we do not have to disclose our reasons.  If we close your Player Account, we will return all monies held in the account to the Registered Payment Method within seven (7) working days, unless clause 14.6 applies.

11.8.   If you visit any websites via hyperlinks provided on our website, all transactions made on those websites are conducted entirely at your own risk.

12.       YOUR LIABILITY

12.1.   You agree to fully indemnify us in respect of all liabilities, claims, actions, damages, expenses, demands or costs incurred by or awarded against us, due to your negligent conduct, omission or misuse of our website or your Player Account.  Nothing contained in these terms and conditions shall affect your statutory rights.

13.       MAKING A COMPLAINT

13.1.   If you have a complaint or if you are unhappy about any aspect of the Lottery, or if you want a copy of our complaints procedure you should contact our Customer Service team (www.scottishchildrenslottery.com/contact).

13.2.   If you are not satisfied with the proposed resolution of a complaint through our complaints procedure, then if the dispute meets the criteria detailed in the Gambling Commission’s Code of Practice, you may be able to refer your complaint to an independent adjudicator for further investigation and review.  This independent adjudicator is called the Independent Betting Adjudication Service (IBAS), and specialises in the resolution of gaming disputes. They will consider your complaint totally impartially and we are bound by their decision. Complaints/disputes can be pursued with IBAS for up to 12 months following the date at which all attempts to resolve the dispute with us has failed. IBAS contact details are as follows:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS 

Telephone: 020 7347 5883

E mail: adjudication@ibas-uk.co.uk

Website: www.ibas-uk.com

14.      GENERAL

14.1.   Scots law applies to these terms and conditions, and the Scottish courts will decide the outcome of any litigation arising between you and us.

14.2.   All intellectual property rights generated from the operation of the Lottery shall belong to us or our licensors. Copyright, trademarks and other intellectual property rights, including without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website and social media sites or on other promotional material for the Lottery, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off, belong to us or our licensors. You are permitted to use this material and content only as expressly authorised by us or our licensors. You agree to take all steps (at our cost) to vest in us any intellectual property that you create in the course of entering the Lottery, or posting material on our website or social media sites.

14.3.   You acknowledge and agree that the material and content contained within our website is made available for your personal, non-commercial use. You are not permitted any other use of such material and content. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content. 

14.4.   We will store, manage and use all information you provide to us for the purposes of the Lottery in accordance with current Data Protection legislation and also with the privacy policy posted on our website (www.scottishchildrenslottery.com/privacy-policy). Our privacy policy forms part of these terms and conditions.

14.5.   If you wish to be removed from our mailing list, you should

14.5.1.   click on the unsubscribe link shown on all our e-mails, or

14.5.2.   change your ‘Notification Preferences’ within ‘Personal Details’ in your Player Account, or

14.5.3.   contact our Customer Service team (www.scottishchildrenslottery.com/contact).

14.6.   If you do not transact on your Player Account for a period of twelve months, your Player Account will be classed as dormant.  We will e-mail you if your Player Account is likely to become dormant to tell you what you need to do in order to prevent this happening.  If you take no action following the period specified in our correspondence with you, we reserve the right to close your Player Account and transfer the balance held within it to the Charities for distribution to their Good Causes.

14.7.   You acknowledge that we may want to carry out publicity activity relating to Players and Prizes.  Unless we are required to do so by law, we will only disclose information about you or your Prize with your consent (or in the case of a syndicate, the consent of each Player).

14.8.   We may terminate, vary or suspend the provision of the Lottery, or access to your Player Account without prior notice:

14.8.1.   on breach of these Terms and Conditions or the relevant Lottery rules; or

14.8.2.   if we stop managing the Lottery;

14.8.3.   where we are required by law to do so; or

14.8.4.   for any other reason at our sole discretion (always acting reasonably).

14.9.   On termination of your Player Account or the Lottery, we will return your Funds to your Registered Payment Method. In the event that a refund cannot be made, the provisions made in clause 14.6 will apply.

14.10. The Charities may change from time to time.  It is our responsibility to add charities to the Scottish Children’s Lottery, or to remove charities from it.  We will always tell you if the Charities change.

14.11. It is your responsibility to ensure that the information you give us when you register to play the Lottery is kept up to date.

15        WHAT HAPPENS TO MY MONEY IN THE EVENT OF INSOLVENCY?

15.11  The Gambling Commission requires us to tell you what happens to Customer Funds, and the extent to which those Funds are protected in the event of our insolvency. Customer Funds (both monies deposited by Players or reflected in their Account Balance as a result of Prizes paid to Players) are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This corresponds to a ‘medium’ level of protection as defined by the Gambling Commission.  You can get more information from the Gambling Commission’s website at www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx.

Footnotes: 

[1] This includes the draw adjudicator, draw presenter and any guest(s) present at the main Lottery draw.
[2] Immediate family members include parent, step-parent, child, step-child, spouse and sibling.
[3] Standard geographic rates apply for landline. Mobile may vary.
[4] Standard geographic rates apply for landline. Mobile may vary.

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1.         INTRODUCTION

1.1.      The terms and conditions below shall be effective from the 23rd of November, 2016 and supersede any previous versions.  They set out the rules for each of the Lottery Draws and any related promotions, collectively known as the “Scottish Children’s Lottery” or “Lottery”.  All entries into, and participation in, the Scottish Children’s Lottery are governed by these terms and conditions.

1.2.      The Scottish Children’s Lottery is a scheme where four society lotteries operate in rotation under the Gambling Act 2005. Each of the society lotteries is operated by one of the four Scottish Charitable Incorporated Organisations (SCIOs), including: Chance to Flourish, (registered number SC046177) Chance to Study, (registered number SC046178) Chance to Succeed, (registered number SC046179) and Chance to Connect, (registered number SC046173) (“the Charities”). The Charities are all regulated by the Office of the Scottish Charity Regulator (“OSCR”). By operating like this, each SCIO can keep its costs lower, and donate more money to Good Causes.

1.3.      Each of the Charities has appointed STV ELM Limited (“us”) to promote and manage its Lottery. We are regulated and licensed as an external lottery manager by the UK’s Gambling Commission (www.gamblingcommission.gov.uk) with licence number: 000-045374-R-324694-001. Our address for correspondence is STV ELM Limited, Pacific Quay, Glasgow, G51 1PQ.

1.4.      The Scottish Children’s Lottery operates in a weekly rotation for each Charity’s Lottery.  Each Charity has the primary objective of helping to alleviate child poverty and hardship in Scotland. The purposes of each Charity are related, but distinct, and each Charity supports Good Causes aligned to specific periods of a child’s life and development (i.e. early-years intervention, educational achievement, employability and employment skills and community development and citizenship).  Each Charity will donate at least 30% of ticket sales for its Lottery to Good Causes connected to its own purposes. You can learn more about each Charity by visiting this page www.scottishchildrenslottery.com/goodcauses.

1.5.      Each of the Charities is licensed by the UK’s Gambling Commission to operate their society Lottery under the Gambling Act 2005. The Charities take it in turn to hold their Lottery each week and ticket sales benefit the Lottery being promoted in a particular week.  You can see on our website when each Charity’s Lottery is scheduled: www.scottishchildrenslottery.com/societyschedule. The Charities are independent organisations, and you can read more about them and the Good Causes they support on our website:  www.scottishchildrenslottery.com/goodcauses.  Each of the Charities works with the STV Children’s Appeal to identify potential Good Causes, and each Charity then decides for itself which Good Causes to donate money to from its Lottery ticket sales.

1.6.      We will post the current terms and conditions on our website, along with the rules or conditions applicable to entry for the Instant Win Lottery, Raffle and other promotions (subject to specific promotional terms and conditions).

1.7.      We may change these terms and conditions from time to time. If we do, we will notify all players for whom we have valid email addresses at least 14 days in advance of the change(s) coming into effect. We may require positive acknowledgement from you before we will accept any further deposits or ticket purchase from you.

 

2.         DEFINITIONS

2.1.      Any words within these terms and conditions that start with a capital letter shall have the following meanings:

“Ball Machine” means the ball machine that we use for the Lottery Draw, as described in clause 8.11;

“Bank Holiday” means a day when banks in Scotland are generally closed for business; 

“Bonus Number” means the number drawn in addition to the 5 (five) Winning Numbers;

“Charity” means a Scottish Charitable Incorporated Organisation (SCIO) licensed and regulated by the Office of the Scottish Charity Regulator (“OSCR”). They are also licensed by the UK’s Gambling Commission to operate and promote a society lottery under the brand name Scottish Children’s Lottery;

“Computer System” means the software and infrastructure we use to operate the Lottery;

“Direct Debit” means a recurring, scheduled payment from your Registered Payment Method for entry into multiple Lotteries;

“Direct Debit Guarantee Scheme” means the scheme operated by banks and building societies, that protects you in the rare event that there is an error in the payment of your Direct Debit;

“Draw Lockdown” refers to the time at which it is no longer possible to buy a Ticket for that night’s Lottery. The current Draw Lockdown is 6:00pm on Monday;

“Excluded Person” means a person who does not meet the eligibility criteria set out in clause 3 and who falls within any of the categories set out in clauses 5 and 10, together with such other persons (or category of persons) as we, a relevant Charity and/or the Gambling Commission may specify or agree from time to time.;

“Free Ticket” means a free Ticket that we may offer to Players during a promotion from time to time when the terms of the promotion is met (for example, buy £x worth of Tickets and get a free Line);

“Funds” means the value of the money held in your Player Account that is available to use to purchase a Ticket or withdraw to your Registered Payment Method;

“Good Causes” means projects aimed at the alleviation of child poverty and hardship in Scotland;

“Instant Win Prize” means any Prize, whether a cash amount or a product, that we offer as part of any Instant Win Lottery;

“Instant Win Lottery” means a Lottery found on the ‘Instant Win’ page of our website and in that the Player buys a Ticket to reveal the outcome of a Lottery immediately;

“Jackpot” or “Jackpot Prize” means the top prize in any Lottery;

“Line” means each individual selection of 5 (five) numbers entered into a Lottery

“Lottery” means the society lottery operated and promoted by a Charity, and comprising any or all of the following: the Lottery Draw, Instant Win Lotteries or other lotteries offered from time to time;

“Lottery Draw” means the weekly main lottery draw conducted by The Scottish Children’s Lottery every Monday.;

“Player” means a person who enters a Lottery and meets the eligibility criteria set out in clause 3 and in the case of a syndicate, means the person who buys the ticket on behalf of the syndicate;

“Player Account” means the online account you set up with us when you register as a Player, and that is described in clause 6;

“Prize” means the prize monies, non-cash prizes, or Fast Pick Ticket prize that you could win in a Lottery, free Raffle or any other competitions we may held from time to time;

“Prize Capping” means the process that we may use in order to limit the total value of cash Prizes in a single Lottery Draw to £500,000, or that of the total Jackpot Prize pool to £100,000 in a single Lottery Draw when more than one Player has matched the Jackpot Winning Numbers;

“Fast Pick” means a Line where all the numbers have been selected randomly on your behalf by our Computer System;

“Fast Pick Prize” means a single Fast Pick Line issued as a prize for Players who have matched two numbers in the Lottery Draw and is automatically entered into the next available Lottery Draw;

“Raffle” refers to the weekly free raffle held on Monday after the Lottery Draw, as well as any free promotional raffles that we may hold from time to time. All free raffles are free prize draws funded by STV ELM Limited;

“Raffle Code” refers to the unique number which is a combination of the ticket number and the three digit lottery line number shown on your ticket receipt. For example, if your ticket number is 01111-222222-333333 and the line number is 2, then your unique Raffle Number will be 01111-222222-333333.002.;

“Raffle Draw” means the draw that takes place for all eligible Raffle entries;

“Registered Payment Method” means the credit or debit card you use to buy a Ticket, or the bank or building society account held in your name from which you set up a Direct Debit into your Player Account;

“STV Children’s Appeal” means the STV Appeal, a Scottish Charitable Incorporated Organisation with registered number SC042429, whose primary purpose is to relieve poverty and hardship amongst children and young persons in Scotland, currently branded as “STV Children’s Appeal”;

“Subscription Player” means a Player who pays for a Lottery Ticket using a Direct Debit or recurring debit or credit card payment facility on a continuous basis;

“Ticket” means the electronic ticket allocated to a Player by our Computer System that bears the numbers entered into the Lottery for that Player;

“Winning Number” means each of the five numbers between 1(one) and 49 inclusive, drawn at random in the Lottery Draw, before a Bonus Number is drawn.

In addition,

“us” / “we” / “our” refers to STV ELM Limited;

“you” /”your” refers to a Player.

3.         WHO CAN PLAY?

3.1.      To enter the Lottery and to be eligible to win a Prize, you:

3.1.1.    must be 16 years of age or over (please note that under age gambling is an offence),

3.1.2.    must be a resident of, and physically located in Great Britain at the time you purchase the Lottery Draw or Instant Win Lottery;

3.1.3.    must have a Player Account with us;

3.1.4.    must have successfully passed our age and identity verification process as required by law;

3.1.5.    must comply with these terms and conditions and any other rules of the Lottery notified by us;

3.1.6.    must not be an Excluded Person.

3.2.      A syndicate may enter the Lottery. One Player within the syndicate needs to have a Player Account in order to buy Ticket(s) on behalf of the syndicate.  We are not responsible for management of a syndicate.  It is the responsibility of each member of a syndicate to ensure that they agree rules for management and operation of the syndicate with the other members.  We have provided a sample syndicate agreement on our website (www.scottishchildrenslottery.com/syndicates) that you may adapt to suit your own needs if you are in a syndicate. If you buy a Ticket on behalf of a syndicate, it is your responsibility (not ours) to ensure no syndicate member is an Excluded Person.

4.         CONDITIONS OF ENTRY

4.1.      All entry instructions communicated by us and that are available on our website shall form part of the terms and conditions of a Lottery or free Raffle. 

4.2.      When you buy a Ticket, you acknowledge and agree that:

4.2.1.    you will be entered into a Lottery, promoted by the relevant Charity on the date of the Lottery for which the Ticket is valid;

4.2.2.    a minimum of 30% of the Ticket price will go towards Good Causes; and

4.2.3.    any misrepresentation of fact as to your eligibility, whether intentional or unintentional, will make you an Excluded Person and ineligible to win a Prize.

4.3.      You agree to be bound by these terms and conditions, all rules and conditions on our website for entry to a Lottery Draw, Instant Win Lottery, free Raffle or promotion, any applicable sections of The Gambling Act 2005 and any relevant regulations made under it from time to time. If you have not complied with the relevant rules, terms and conditions, we will not be liable for any loss or damage you suffer.  This includes the loss of opportunity to enter a Lottery or free Raffle and/or right to receive a Prize.

4.4.      Your Lottery Draw Tickets and Instant Win Lottery Tickets will only be considered as valid (and hence eligible for a prize) if you have successfully passed our verification process under clause 6. We will have sole discretion as to whether to accept any entry to the Lottery and pay out a Prize.  We may refuse any entry to the Lottery or withhold any Prize if we have reasonable grounds to believe that any applicable terms and conditions have been breached. In exercising our discretion under this clause 4.4, we will rely on our own technical logs and records, and our decision will be final and binding.

5.         EXCLUDED PERSONS

5.1.      Excluded Persons are not eligible to participate in the Lottery or to receive any Prizes.

5.2.      We treat the following persons as Excluded Persons, and therefore, not eligible to participate in the Lottery:

              1.        director, employee or trustee of (i) STV ELM Ltd., (ii) a Charity;

              2.        board of directors or management team of STV Group Plc;

              3.        employees of key IT contractor or supplier of the Lottery product;

              4.        customer service agent providing service to STV ELM Ltd.;

              5.        person involved in the main Lottery Draw[1];

              6.        immediate family members[2] of group 1. to 5. as listed above living in the same household;

              7.        a self-excluded person as per clause 10;

              8.        any person who does not comply with these T&Cs.

5.3.      We reserve the right to exclude any Player from the Lottery when required by any relevant authorities or if we believe, in our sole discretion, that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.

5.4.      By participating in the Lottery, you warrant that you are not an Excluded Person. 

6.         SETTING UP AND USING YOUR PLAYER ACCOUNT

6.1.      You need to have a Player Account in order to participate in the Lottery.  You may apply to set up a Player Account by successfully completing our online registration or by contacting our customer service team (www.scottishchildrenslottery.com/contact). The security of your Player Account is important to us.  It is your responsibility to keep your login details secure.  If you suspect or know that someone else has had unauthorised access to your Player Account, you must tell us promptly and change your user ID and/or password.  If you forget your password, you must follow the instructions on our website in order to obtain a new password.

6.2.      You must tell us your name, date of birth, address and contact details before we can complete the set up of your Player Account.

6.3.      Once your Player Account has been successfully set up, you can then proceed to setup your Registered Payment Method (debit card, credit card or direct debit), make a deposit and purchase lottery ticket(s). Automatic Identity and Age Verification checks will be carried out at the point of your first deposit. In carrying out these checks, your personal information provided will be disclosed to a credit reference agency.  They may make a record of the search. The credit reference agency we used is Callcredit Limited, PO Box 491, Leeds, LS3 1WZ.

6.4.      Should automatic verification fail, we will contact you in order to perform a manual verification. We will require a copy of one document from each of Group A and Group B below, to be sent to us by email or by post. The same document cannot be used to satisfy requirements from both Group A and B. If you have changed your name recently, you are also required to send us a copy of a document from Group C.

Group A – The following documents can be used as proof of ID and age:

·         Current Passport (full copy of photo page)

·         Current UK or EEA photocard Driving Licence (excluding provisional licence)

·         EEA member state identity card

 

Group B – The following documents can be used for proof of address:

·         Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months

·         Bank / Credit Card statement dated within the last three months

·         Current UK Driving Licence (if not used in Group A, and excluding provisional licence)

·         EEA member state identity card (if it carries the address, and not used in Group A)

 

Group C – The following document can be used as Proof of Name Change (in addition to Group A and B, if applicable):

·         Marriage Certificate

·         Deed Poll letter (change of name)

·         Decree Absolute (divorce letter)

You must send us the requested documents to allow us to verify you within 72 hours of your first deposit. If we are not able to successfully verify you within this time frame, your account will be suspended. We may have to cancel your direct debit subscriptions, refund any ticket purchase and Instance Win Lottery play and void any winnings.

If we subsequently discover that you were not, or are no longer, eligible to open a Player Account, we reserve the right to suspend or terminate that Player Account.

 

6.5.      You will be able to deposit funds into your player account which can then be used to purchase lottery tickets.

6.6.      You may only deposit funds that take the cash balance in your account up to a maximum of £2,000 at any point in time.

6.7.      We may monitor the value of deposits made to your account. For your own safety and to encourage you to gamble responsibly, we may impose limits on how much you can add to your account.  We will always tell you if you have reached the limit.

6.8.      Prize wins, bonuses or good will payments that take a player’s cash balance over £2,000 will be permitted. However, we may request you to withdraw funds after the aforementioned payments have been made to your account.

6.9.      Deposits and withdrawals can only be made via your Registered Payment Method.  The minimum deposit amount is £5, and the minimum withdrawal amount is £10. If your Registered Payment Method is a jointly owned bank account or joint credit or debit card, you accept that all payments that we make to you from your Player Account will be paid to that joint account or card. If your Registered Payment Method is a debit or credit card, it can only be used on one Player Account and it must not have been reported as lost or stolen.  If you believe your card is lost or stolen and you wish to use a replacement card as your new Registered Payment Method, or you wish to change your Registered Payment Method while there are Funds or pending Tickets in your Player Account, you should contact our customer service team (www.scottishchildrenslottery.com/ contact). We may require you to withdraw any existing Funds and wait for any pending Tickets to be completed before updating your Registered Payment Method.  We may need to perform further checks to verify the ownership of the new Registered Payment Method before accepting it, and we reserve the right to do so.

6.10.   If your card expires, you will be able to update your Player Account with the new card information online or by calling customer service[3] without having to withdraw all the Funds from your account, and without waiting for a future Lottery Draw to take place.

6.11.   If you tell your bank or building society that your Registered Payment Method has been used, without your authorisation, to make a payment into your Player Account, and they ask us to return the payment to your Registered Payment Method, we will suspend your Player Account and investigate the matter. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.12.   If you set up a Direct Debit, you will be bound by the terms of the Direct Debit Scheme and the Direct Debit Guarantee Scheme.  You can find more details here.

6.13.   If you are a Subscription Player, we must receive payment for a Ticket before the Lottery Draw.  This means that if a Direct Debit or other recurring payment is recalled or rejected by your bank, any ticket associated with the failed payment will be withdrawn from the applicable Lottery Draw and will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.14.   Balance in your account consist of the following two categories:

6.14.1.   Cash – this refers to funds deposited by you and cash prizes deposited by us into your account,

6.14.2.   Bonus – this refers to promotional bonuses we offered to you which you can use to purchase tickets. Withdrawal of Bonus Funds is not permitted.

6.15.   We will also apply payments from your account in a particular order.  When you hold Bonus Funds in your account, these are spent first.  After that, we take payments from any Funds in the ‘cash’ balance.  The cash balance is made up of payments deposited from your Registered Payment Method and cash-equivalent payments from Prizes.  Subscription payments and free Fast Pick tickets are spent separately.

6.16.   You can ask us to close your Player Account at any time. If you wish to close your Player Account, you can do so in the ‘Close Account’ section under ‘My Details’. Subject to clause 6.18, we will transfer the balance in your account to your Registered Payment Method. If you have a Ticket (including a Fast Pick Ticket under section 8.17.1) in your Player Account when we receive your instructions to close your account, we will close it after the relevant Lottery Draw for all Lines on the Ticket has taken place.

6.17.   If you wish to suspend or delete a Direct Debit subscription, you can do so in the ‘Subscriptions’ area of your Player Account. If you decide to delete your Direct Debit subscription, you should also contact your bank to ensure that the cancellation request has been received.  All Lottery Ticket(s) purchased with payment(s) collected before you suspend or delete your Direct Debit subscription will remain valid. We will stop collecting Direct Debit payments at this point, and you will not be entered into any subsequent Lottery Draws.

6.18.   If you win a Prize, we will do one of the following:

6.18.1.      for direct debit subscribers:

6.18.1.1.   prize money of £2,000 and under will be paid into your bank account automatically,

6.18.1.2.   prize money of over £2,000 will be paid into your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

6.18.2.      for non direct debit subscribers:

6.18.2.1.   prize money £2,000 and under will be paid into to your player’s account;

6.18.2.2.   prize money of over £2,000 will be paid to your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

7.         CAN I CHANGE MY MIND?

7.1.      We will only allow cancellation of a Ticket under exceptional circumstances (such as self-exclusion after you have bought a Ticket, or if some material features of the Lottery are changed). Except in the case of self-exclusion under clause 10, any cancellation or reversal will need to be completed at least 72 hours before the Lottery Draw for the relevant Lottery.

7.2.      If you bought a Ticket in advance of a Lottery Draw that is then subject to change(s) in these terms and conditions, but prior to us notifying you of the change(s), you may request a refund of your ticket.  You must send us an email request for refund from your registered email address at least 72 hours in advance of the affected Lottery Draw, subject to the limitations stated in clause 11.  You acknowledge that if we accept your application for a refund, we will withdraw your ticket from the applicable Lottery Draw and you will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket.

7.3.      For the avoidance of doubt, you can’t cancel an Instant Win Lottery Ticket after you buy it, and if you don’t like the numbers selected for you in a Fast Pick Ticket you are not entitled to cancel the Ticket.

THE LOTTERY DRAW, INSTANT WIN LOTTERY, FREE RAFFLES AND PRIZES

8.         THE LOTTERY DRAW

8.1.      After setting up a Player Account as described in clause 6, you enter the Lottery Draw by buying a Ticket on our website, mobile site, mobile app, or by phoning customer service (www.scottishchildrenslottery.com/contact)[4]. Tickets cost £1 per Line.

8.2.      To select numbers for each line of the lottery ticket, you must either choose 5 (five) different numbers between 1 (one) and 49 (forty nine) inclusive, or use Fast Pick to automatically select the numbers for you. Where you enter the Lottery Draw by way of a Free Ticket having been issued for Players who have met the promotion criteria set out in the terms and conditions of the relevant promotion, the entry shall be by way of a Fast Pick only.

8.3.      Once you have selected the numbers of all lines you wish to purchase in a ticket, you can then select the number of draws you wish to enter using the same ticket (with the same selected number of lines and lottery numbers). The lottery draw take place once a week, therefore the number of draws corresponds to the number of weeks you want to participate. The screen will now display the total cost of the ticket. Click ‘PLAY’ to continue. The system will now ask you to confirm your selections. Click ‘Confirm’ to confirm your purchase.

8.4.      It is your responsibility to check prior to clicking ‘Confirm’, that your lottery number selections (except in the case of a Fast Pick Ticket) and the number of draws are correct.  You can also review this information after the ticket purchase by clicking the ‘Lottery History’ link under the ‘My Tickets’ section in your Player Account.

8.5.      A Ticket will be valid only for the Lottery Draw(s) to be held on the date(s) shown in your Player Account.  If you are a Subscription Player, we will enter you into the Lottery Draw on a continuous basis, unless you cancel your Direct Debit or recurring card payment.  If you are not a Subscription Player, you may buy a Ticket that enters you into the Lottery for up to eight weeks in advance.

8.6.      The maximum number of lines per Ticket purchase is 100 (which may compose of multiple lines and multiple draws). You can make multiple Ticket purchases in multiple transactions as long as the total spend is within the ‘Spending limit’ in ‘My Details’ (which you can edit at any time).

8.7.      You may buy a Ticket up until the Draw Lockdown on the date of a Lottery Draw, which is set to be 6:00pm on Monday.  After this time, sales will be closed for that night’s Lottery Draw and you will only be able to buy a Ticket for a future Lottery Draw. Whilst we will try to ensure that the time of the Draw Lockdown is consistent from week to week, there may be exceptional circumstances when we have to change a Draw Lockdown.  It is your responsibility to ensure you buy your Ticket in plenty of time and we will not be responsible for loss of opportunity to enter a Lottery Draw if the time of the Draw Lockdown is changed.

8.8.      We will display the name of the participating Charity that will benefit from the Lottery Draw in any given week on our website, and the relevant Charity’s name will also be on the Ticket receipt displayed on screen after you buy a Ticket. Ticket receipts for more than one Lottery Draw will clearly display the date of all Lottery Draws and the relevant Charity for each Lottery Draw.

8.9.      We reserve the right to hold the Lottery Draw on an alternative date if the normal Lottery Draw date falls on a Bank Holiday.  We will notify any customer who has purchased ticket(s) of the affected draw via email. Any such change will also be posted on our website.  We also reserve the right to re-schedule or cancel the Lottery Draw, or to offer the alternative solution set out in clause 8.15 if circumstances arise, or if the normal Lottery Draw date falls, on any other day we deem, in our absolute discretion, unsuitable for holding a Lottery Draw.

8.10.   We will publish the results of each Lottery Draw on our website. The TV broadcast schedule will be announced on our website. A Prize shall only be awarded to a winning Ticket that has the Winning Numbers recorded at the Lottery Draw itself. We will automatically notify Players via their registered email address if they have won a Prize.

8.11.   In the Lottery Draw, 5 (five) Winning Numbers will be drawn at random by the Ball Machine. The Bonus Number will be drawn after all five Winning Numbers have been drawn.

8.12.   You may only claim one Prize in respect of each Line per Draw.

8.13.   From time to time, we may, at our absolute discretion, increase the prize amount for a Lottery Draw (up to the limit permitted by law), which will be announced on our website ahead of the draw. Under the Gambling Act 2005, no winner is entitled to receive more than £25,000 or 10% of total Ticket sales for that Lottery, whichever is greater.

8.14.   The Lottery Draw will be conducted by STV ELM Limited, who will record the Winning Numbers and Bonus Number. If STV ELM Limited observes or suspects any irregularity or failure in the procedure, the Lottery Draw will be stopped, declared null and void, and a new Lottery Draw will take place. 

8.15.   In the event of a Ball Machine failure, results from the next available draw of Germany’s Lotto 6aus49 lottery will be used to complete the Lottery draw. On the Wednesday following a Ball Machine failure the first five numbers drawn in the Lotto 6aus49 draw will be used as the Winning Numbers and the sixth number drawn in the Lotto 6aus49 draw will be used as the Bonus Number. The draw may be watched live on Wednesday evening at the following website address: http://www.lotto.de/de/ergebnisse/lotto-6aus49/live-ziehung.html. Results for the draw are also available at the following website address: https://www.lotto.de/de/ergebnisse/lotto-6aus49/archiv.html.

8.16.   Subject to clauses 6.11, 7 (seven) and 10 (ten), entries are final and, once completed, cannot be cancelled, reversed or refunded.

8.17.   Subject to this clause 8, Prizes paid to the holders of Tickets with Winning Numbers will normally be as follows:

8.17.1.      If 2 (two) Winning Numbers are matched on your Ticket, you will win a Fast Pick Ticket that will be automatically entered by our Computer System into the next scheduled Lottery Draw, unless 8.19 applies;

8.17.2.      If 3 (three) of the Winning Numbers are matched on your Ticket, you will win one Prize of £25;

8.17.3.      If 4 (four) of the Winning Numbers are matched on your Ticket, you will win one Prize of £250;

8.17.4.      If 4 (four) of the Winning Numbers and the Bonus Ball are matched on your Ticket, you will win one Prize of £2,000;

8.17.5.      If 5 (five) of the Winning Numbers are matched on your Ticket, unless clause 8.13 applies, you will win a Prize up to a maximum of £25,000. Where there are multiple winners of the Jackpot, we will impose Prize Capping of £100,000 on the Jackpot Prize pool. For example, if there are 4 or less winners of the Jackpot, each winner will receive £25,000 according to the prize table. However, if there are 5 winners of the Jackpot, each winner will have an equal share of the £100,000 Jackpot Prize pool and receive £20,000 each.

Lottery Draw Prize table

Tier Number Matched Prize Odds of Winning
1 5 Main Numbers (Jackpot) £25,000 1,906,884
2 4 Main Numbers + Bonus Ball £2,000 381,377
3 4 Main Numbers £250 8,869
4 3 Main Numbers £25 202
5 2 Main Numbers One Fast Pick Entry 14

Approximate overall odds of winning a prize: 1 in 13


8.18.   A Prize Capping of £500,000 will also be imposed on the total prize amount (including all winning categories) in a single draw. In such circumstances, we may reduce all prize categories in proportion so as to bring the total Prize payout to a maximum of £500,000 for any single Lottery Draw.

8.19.   In cases where the £500,000 Prize Capping has to be imposed on a particular draw, we reserve the right to cancel Prize Tier 5 where two main numbers are matched in the Lottery Draw.

8.20.   Players winning the main Lottery Jackpot, i.e. matching 5 (five) Winning Numbers, will not be eligible to enter the weekly free Raffle (described in clause 8.31). Winners of other tiers in the main Lottery Draw will be able to participate in the associated weekly free Raffle.

INSTANT WIN LOTTERIES

8.21.   We may change the list of Instant Win Lottery games available for play at any time.

8.22.   You can play an Instant Win Lottery on a sample basis in ‘Try’ mode on our website. When you do this you will not be charged to play, and none of the prizes displayed will be payable. You will need to complete our age verification process in order to access ‘Try’ mode.

8.23.   The result of each Instant Win Lottery will be generated by a Random Number Generator at the time you buy a Ticket, and it will not include any element of skill. Our Computer System will allocate the Prizes corresponding to the generated results according to the advertised Prize structure.  Each Player’s chance of winning a Prize will be exactly the same at the point of purchase and will not be affected by previous wins in the same Instant Win Lottery or Prizes previously paid in other Instant Win Lottery.

8.24.   The top prize for an Instant Win Lottery is £25,000, unless the Ticket sales are greater than £250,000. In that case, we may increase the Prize up to an amount equal to 10% of Ticket sales or up to £400,000, whichever is lower.

8.25.   Within each Instant Win Lottery game page, information is provided which includes: ’How to play’, the name of each Instance Win Lottery game, the price to play, the Prize structure, the odds of winning for each Prize tier, the Charity operating that week’s lottery.

8.26.   Participation in the Instant Win Lottery is complete when our Computer System shows whether or not you have won a Prize. This is the case whether you have witnessed the completion of that Lottery, or if clause 8.27 applies.  If it isn’t possible to determine whether or not you have won a Prize after buying a Ticket, that Instant Win Lottery will be deemed to be incomplete. You will need to reconnect to our Computer System to be able to complete that Instant Win Lottery.

8.27.   If you buy a Ticket for an Instant Win Lottery but do not play it, our Computer System will automatically complete that Lottery before you exit our Computer System.

8.28.   You can view the result of all your Instant Win Lotteries in the ’Instant Win Tickets’ area under ‘My Ticket’.

8.29.   For an Instant Win Lottery, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

8.30.   When you play an Instant Win Lottery, the company that supplies us with those lottery games is not responsible for any financial transactions from your account.  We will continue to be responsible for these payments.

FREE RAFFLES

8.31.   A Free Raffle Draw, funded by the STV ELM Limited, will be held each week on the same day after the Lottery Draw.  Subject to clause 8.20, you will automatically receive one entry into the Free Raffle Draw for each Lottery line you purchase for that week. Each entry is identified by a unique Raffle Code. A random number generator will be used to select Raffle winner(s) from all valid entries. If you win a Prize, you must claim it within the timescale set out in clause 9.4.

8.32.   In addition to the weekly free Raffle, we may promote other free Raffles from time to time. These Raffles will be separate from the Lottery Draw, and we will publish the rules for each Raffle on our website.

8.33.   We reserve the right to close a free Raffle without notice or compensation if it is subject to complaint by a Player, law enforcement agency or the Gambling Commission, or if there is any issue over its integrity.

8.34.   For the free Raffles, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

PRIZES

8.35.   We may change the Prize sums paid to Players where we are required to do so by law, regulation or if the Gambling Commission tells us to do so. We will endeavour to notify you if it is possible and permitted by the authorities.

8.36.   Prizes will be rounded up to the nearest pound if required.

 

9.         WHAT HAPPENS IF I WIN?

9.1.      Winnings up to £2,000 in the Lottery Draw, free Raffle, or Instant Win Lottery will be paid into your Player Account except for Direct Debit Subscribers for which the prize will be paid into your bank account.

9.2.      If your winning is more than £2,000, we will request documentation from you (as stated in clause 6.4) in order to perform due diligence verification, and if satisfactory, we will make a payment into your bank account.

9.3.      Where we pay a Prize to an Excluded Person, or otherwise pay a Prize in error, the Prize or any payment made in error must be returned immediately to us.

9.4.      We will use our reasonable endeavours to make the Prize payment to you within fourteen days of receiving the requested documentations from you in order to perform due diligence verification.  You must claim a Prize no later than 6pm on the 180th day after the date of the relevant Lottery Draw.  If you don’t claim a Prize within this period, it will be forfeited, and the Prize will be returned to the relevant Charity for distribution to its Good Causes.

9.5.      If you win a Prize, it is your responsibility to pay any and all taxes due in respect of that Prize.

10.       Responsible Gambling

10.1.   At Scottish Children’s Lottery, we provide you with a variety of facilities to help you stay in control and play responsibly. These facilities include Deposit Limit, Spending Limit, Game Play Reminder, Time Out, Self-Exclusion and Account Closure. To access and find out more about these facilities, click the link ‘Play Responsibly’ at the bottom of our website.

10.2.   The use of these facilities involves a joint commitment between you and us. We will take all reasonable steps to prevent you from gambling beyond any limits or restrictions that are set within your account. At the same time, you must not attempt to circumvent those limits or restrictions. We shall not be liable to any damages caused by your circumvention, or to return any deposits, winnings, or other funds in respect of such activity.

10.3.   After self-excluding from our site, we also advise that you self-exclude from any other gambling operators where you hold accounts. Also there is website filtering software to prevent you from accessing gambling websites from your personal computer. These includes: GamBlock, Cyber Patrol, Net Nanny, Optenet PC, Betfiler.

10.4.   We may also impose operator exclusion, time-out, deposit and spending limits if we think it is necessary to help you stay in control. If we do this, we will tell you what and when measures are put into place.

11.       LIMITATION OF OUR LIABILITY AND RESERVATION OF RIGHTS

11.1.   Subject to clause 11.2, our liability to you shall be limited to the amount of any Prize or refund that you may have become entitled to under these terms and conditions.  We shall not be liable for any loss other than our failure to pay out a Prize or a refund you are entitled to.  In particular, neither we nor any Charity shall be liable to you for any loss or damage you suffer because of:

11.1.1.  any failures, errors or delays in our Computer System,  any postal services, or electronic banking services used by us or you from time to time;

11.1.2.  incorrect- or misuse of our website, mobile site, mobile application, or customer service centre;

11.1.3.  any event that is beyond our, or the Charities’ reasonable control (such as fire, flood, power failure, war, failure of telecommunications services or act of government);

11.1.4.  your failure to meet your obligations set out in clause 6;

11.1.5.  your entry into the Lottery, or any act, omission or event that prevents you from entering the Lottery;

11.1.6.  the withdrawal or cancellation of a Lottery;

11.1.7.  your failure to keep your contact details updated under clause 14.11; or

11.1.8.  a negligent act or omission by you.

11.2.   Nothing in these terms and conditions shall exclude or limit our liability:

11.2.1.  for death or personal injury resulting from our negligence; or

11.2.2.  for fraud or fraudulent misrepresentation; or

11.2.3.  where it can’t be excluded or limited by law.

11.3.   We are not liable in contract, delict or tort (including but not limited to negligence), or otherwise in connection with the Lottery for:

11.3.1.  loss of profits, business or anticipated savings or loss of data;

11.3.2.  any special or indirect or consequential losses; or

11.3.3.  any loss of goodwill or reputation.

11.4.   By requesting self-exclusion under clause 10, you are entering an agreement with us. If you breach the self-exclusion agreement by circumventing our measures to stop you from accessing your Player Account, we shall not be liable to you or any third party in respect of any breach by you of that agreement giving rise to loss, and we are under no obligation to compensate any loss or damage caused by your action or breach, or to return any deposits, winnings, or other funds in respect of your action or your breach.

11.5.   We exclude all warranties, conditions and guarantees relating to the Lottery, whether express or implied by law, to the maximum extent permitted by law.

11.6.   The Lottery is provided on an “as is” and “as available” basis and we make no representations or endorsements of any kind.  We do not guarantee that our website, telephone system, broadcast or live transmission of the Lottery Draw will be uninterrupted or error-free.  If we need to carry out maintenance work to upgrade or update our Computer System, we may need to suspend the provision of the Lottery.  We will tell you if our Computer System will be unavailable for scheduled maintenance.

11.7.   We reserve the right to suspend or close a Player Account, or refuse to set up a Player Account.  This is at our absolute discretion and we do not have to disclose our reasons.  If we close your Player Account, we will return all monies held in the account to the Registered Payment Method within seven (7) working days, unless clause 14.6 applies.

11.8.   If you visit any websites via hyperlinks provided on our website, all transactions made on those websites are conducted entirely at your own risk.

12.       YOUR LIABILITY

12.1.   You agree to fully indemnify us in respect of all liabilities, claims, actions, damages, expenses, demands or costs incurred by or awarded against us, due to your negligent conduct, omission or misuse of our website or your Player Account.  Nothing contained in these terms and conditions shall affect your statutory rights.

13.       MAKING A COMPLAINT

13.1.   If you have a complaint or if you are unhappy about any aspect of the Lottery, or if you want a copy of our complaints procedure you should contact our Customer Service team (www.scottishchildrenslottery.com/contact).

13.2.   If you are not satisfied with the proposed resolution of a complaint through our complaints procedure, then if the dispute meets the criteria detailed in the Gambling Commission’s Code of Practice, you may be able to refer your complaint to an independent adjudicator for further investigation and review.  This independent adjudicator is called the Independent Betting Adjudication Service (IBAS), and specialises in the resolution of gaming disputes. They will consider your complaint totally impartially and we are bound by their decision. IBAS contact details are as follows:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS 

Telephone: 020 7347 5883

E mail: adjudication@ibas-uk.co.uk

Website: www.ibas-uk.com

14.      GENERAL

14.1.   Scots law applies to these terms and conditions, and the Scottish courts will decide the outcome of any litigation arising between you and us.

14.2.   All intellectual property rights generated from the operation of the Lottery shall belong to us or our licensors. Copyright, trademarks and other intellectual property rights, including without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website and social media sites or on other promotional material for the Lottery, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off, belong to us or our licensors. You are permitted to use this material and content only as expressly authorised by us or our licensors. You agree to take all steps (at our cost) to vest in us any intellectual property that you create in the course of entering the Lottery, or posting material on our website or social media sites.

14.3.   You acknowledge and agree that the material and content contained within our website is made available for your personal, non-commercial use. You are not permitted any other use of such material and content. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content. 

14.4.   We will store, manage and use all information you provide to us for the purposes of the Lottery in accordance with current Data Protection legislation and also with the privacy policy posted on our website (www.scottishchildrenslottery.com/privacy-policy). Our privacy policy forms part of these terms and conditions.

14.5.   If you wish to be removed from our mailing list, you should

14.5.1.   click on the unsubscribe link shown on all our e-mails, or

14.5.2.   change your ‘Notification Preferences’ within ‘Personal Details’ in your Player Account, or

14.5.3.   contact our Customer Service team (www.scottishchildrenslottery.com/contact).

14.6.   If you do not transact on your Player Account for a period of twelve months, your Player Account will be classed as dormant.  We will e-mail you if your Player Account is likely to become dormant to tell you what you need to do in order to prevent this happening.  If you take no action following the period specified in our correspondence with you, we reserve the right to close your Player Account and transfer the balance held within it to the Charities for distribution to their Good Causes.

14.7.   You acknowledge that we may want to carry out publicity activity relating to Players and Prizes.  Unless we are required to do so by law, we will only disclose information about you or your Prize with your consent (or in the case of a syndicate, the consent of each Player).

14.8.   We may terminate, vary or suspend the provision of the Lottery, or access to your Player Account without prior notice:

14.8.1.   on breach of these Terms and Conditions or the relevant Lottery rules; or

14.8.2.   if we stop managing the Lottery;

14.8.3.   where we are required by law to do so; or

14.8.4.   for any other reason at our sole discretion (always acting reasonably).

14.9.   On termination of your Player Account or the Lottery, we will return your Funds to your Registered Payment Method. In the event that a refund cannot be made, the provisions made in clause 14.6 will apply.

14.10. The Charities may change from time to time.  It is our responsibility to add charities to the Scottish Children’s Lottery, or to remove charities from it.  We will always tell you if the Charities change.

14.11. It is your responsibility to ensure that the information you give us when you register to play the Lottery is kept up to date.

15        WHAT HAPPENS TO MY MONEY IN THE EVENT OF INSOLVENCY?

15.11  The Gambling Commission requires us to tell you what happens to Customer Funds, and the extent to which those Funds are protected in the event of our insolvency. Customer Funds (both monies deposited by Players or reflected in their Account Balance as a result of Prizes paid to Players) are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This corresponds to a ‘medium’ level of protection as defined by the Gambling Commission.  You can get more information from the Gambling Commission’s website at www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx.

Footnotes: 

[1] This includes the draw adjudicator, draw presenter and any guest(s) present at the main Lottery draw.
[2] Immediate family members include parent, step-parent, child, step-child, spouse and sibling.
[3] Standard geographic rates apply for landline. Mobile may vary.
[4] Standard geographic rates apply for landline. Mobile may vary.

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1.         INTRODUCTION

1.1.      The terms and conditions below shall be effective from the 17th of October, 2016.  They set out the rules for each of the Lottery Draws and any related promotions, collectively known as the “Scottish Children’s Lottery” or “Lottery”.  All entries into, and participation in, the Scottish Children’s Lottery are governed by these terms and conditions.

1.2.      The Scottish Children’s Lottery is a scheme where four society lotteries operate in rotation under the Gambling Act 2005. Each of the society lotteries is operated by one of the four Scottish Charitable Incorporated Organisations (SCIOs), including: Chance to Flourish, (registered number SC046177) Chance to Study, (registered number SC046178) Chance to Succeed, (registered number SC046179) and Chance to Connect, (registered number SC046173) (“the Charities”). The Charities are all regulated by the Office of the Scottish Charity Regulator (“OSCR”). By operating like this, each SCIO can keep its costs lower, and donate more money to Good Causes.

1.3.      Each of the Charities has appointed STV ELM Limited (“us”) to promote and manage its Lottery. We are regulated and licensed as an external lottery manager by the UK’s Gambling Commission (www.gamblingcommission.gov.uk) with licence number: 000-045374-R-324694-001. Our address for correspondence is STV ELM Limited, Pacific Quay, Glasgow, G51 1PQ.

1.4.      The Scottish Children’s Lottery operates in a weekly rotation for each Charity’s Lottery.  Each Charity has the primary objective of helping to alleviate child poverty and hardship in Scotland. The purposes of each Charity are related, but distinct, and each Charity supports Good Causes aligned to specific periods of a child’s life and development (i.e. early-years intervention, educational achievement, employability and employment skills and community development and citizenship).  Each Charity will donate at least 30% of ticket sales for its Lottery to Good Causes connected to its own purposes. You can learn more about each Charity by visiting this page www.scottishchildrenslottery.com/goodcauses.

1.5.      Each of the Charities is licensed by the UK’s Gambling Commission to operate their society Lottery under the Gambling Act 2005. The Charities take it in turn to hold their Lottery each week and ticket sales benefit the Lottery being promoted in a particular week.  You can see on our website when each Charity’s Lottery is scheduled: www.scottishchildrenslottery.com/societyschedule. The Charities are independent organisations, and you can read more about them and the Good Causes they support on our website:  www.scottishchildrenslottery.com/goodcauses.  Each of the Charities works with the STV Children’s Appeal to identify potential Good Causes, and each Charity then decides for itself which Good Causes to donate money to from its Lottery ticket sales.

1.6.      We will post the current terms and conditions on our website, along with the rules or conditions applicable to entry for the Instant Win Lottery, Raffle and other promotions (subject to specific promotional terms and conditions).

1.7.      We may change these terms and conditions from time to time. If we do, we will notify all players for whom we have valid email addresses at least 14 days in advance of the change(s) coming into effect. We may require positive acknowledgement from you before we will accept any further deposits or ticket purchase from you.

2.         DEFINITIONS

2.1.      Any words within these terms and conditions that start with a capital letter shall have the following meanings:

“Ball Machine” means the ball machine that we use for the Lottery Draw, as described in clause 8.11;

“Bank Holiday” means a day when banks in Scotland are generally closed for business; 

“Bonus Number” means the number drawn in addition to the 5 (five) Winning Numbers;

“Charity” means a Scottish Charitable Incorporated Organisation (SCIO) licensed and regulated by the Office of the Scottish Charity Regulator (“OSCR”). They are also licensed by the UK’s Gambling Commission to operate and promote a society lottery under the brand name Scottish Children’s Lottery;

“Computer System” means the software and infrastructure we use to operate the Lottery;

“Direct Debit” means a recurring, scheduled payment from your Registered Payment Method for entry into multiple Lotteries;

“Direct Debit Guarantee Scheme” means the scheme operated by banks and building societies, that protects you in the rare event that there is an error in the payment of your Direct Debit;

“Draw Lockdown” refers to the time at which it is no longer possible to buy a Ticket for that night’s Lottery. The current Draw Lockdown is 6:00pm on Monday;

“Excluded Person” means a person who does not meet the eligibility criteria set out in clause 3 and who falls within any of the categories set out in clauses 5 and 10, together with such other persons (or category of persons) as we, a relevant Charity and/or the Gambling Commission may specify or agree from time to time.;

“Free Ticket” means a free Ticket that we may offer to Players during a promotion from time to time when the terms of the promotion is met (for example, buy £x worth of Tickets and get a free Line);

“Funds” means the value of the money held in your Player Account that is available to use to purchase a Ticket or withdraw to your Registered Payment Method;

“Good Causes” means projects aimed at the alleviation of child poverty and hardship in Scotland;

“Instant Win Prize” means any Prize, whether a cash amount or a product, that we offer as part of any Instant Win Lottery;

“Instant Win Lottery” means a Lottery found on the ‘Instant Win’ page of our website and in that the Player buys a Ticket to reveal the outcome of a Lottery immediately;

“Jackpot” or “Jackpot Prize” means the top prize in any Lottery;

“Line” means each individual selection of 5 (five) numbers entered into a Lottery;

“Lottery” means the society lottery operated and promoted by a Charity, and comprising any or all of the following: the Lottery Draw, Instant Win Lotteries or other lotteries offered from time to time;

“Lottery Draw” means the weekly main lottery draw conducted by The Scottish Children’s Lottery every Monday.;

“Player” means a person who enters a Lottery and meets the eligibility criteria set out in clause 3 and in the case of a syndicate, means the person who buys the ticket on behalf of the syndicate;

“Player Account” means the online account you set up with us when you register as a Player, and that is described in clause 6;

“Prize” means the prize monies, non-cash prizes, or Fast Pick Ticket prize that you could win in a Lottery, free Raffle or any other competitions we may held from time to time;

“Prize Capping” means the process that we may use in order to limit the total value of cash Prizes in a single Lottery Draw to £500,000, or that of the total Jackpot Prize pool to £100,000 in a single Lottery Draw when more than one Player has matched the Jackpot Winning Numbers;

“Fast Pick” means a Line where all the numbers have been selected randomly on your behalf by our Computer System;

“Fast Pick Prize” means a single Fast Pick Line issued as a prize for Players who have matched two numbers in the Lottery Draw and is automatically entered into the next available Lottery Draw;

“Raffle” refers to the weekly free raffle held on Monday after the Lottery Draw, as well as any free promotional raffles that we may hold from time to time. All free raffles are free prize draws funded by STV ELM Limited;

“Raffle Code” refers to the unique number which is a combination of the ticket number and the three digit lottery line number shown on your ticket receipt. For example, if your ticket number is 01111-222222-333333 and the line number is 2, then your unique Raffle Number will be 01111-222222-333333.002.;

“Raffle Draw” means the draw that takes place for all eligible Raffle entries;

“Registered Payment Method” means the credit or debit card you use to buy a Ticket, or the bank or building society account held in your name from which you set up a Direct Debit into your Player Account;

“STV Children’s Appeal” means the STV Appeal, a Scottish Charitable Incorporated Organisation with registered number SC042429, whose primary purpose is to relieve poverty and hardship amongst children and young persons in Scotland, currently branded as “STV Children’s Appeal”;

“Subscription Player” means a Player who pays for a Lottery Ticket using a Direct Debit or recurring debit or credit card payment facility on a continuous basis;

“Ticket” means the electronic ticket allocated to a Player by our Computer System that bears the numbers entered into the Lottery for that Player;

“Winning Number” means each of the five numbers between 1(one) and 49 inclusive, drawn at random in the Lottery Draw, before a Bonus Number is drawn.

In addition,

“us” / “we” / “our” refers to STV ELM Limited;

“you” /”your” refers to a Player.

3.         WHO CAN PLAY?

3.1.      To enter the Lottery and to be eligible to win a Prize, you:

3.1.1.    must be 16 years of age or over (please note that under age gambling is an offence),

3.1.2.    must be a resident of, and physically located in Great Britain at the time you purchase the Lottery Draw or Instant Win Lottery;

3.1.3.    must have a Player Account with us;

3.1.4.    must have successfully passed our age and identity verification process as required by law;

3.1.5.    must comply with these terms and conditions and any other rules of the Lottery notified by us;

3.1.6.    must not be an Excluded Person.

3.2.      A syndicate may enter the Lottery. One Player within the syndicate needs to have a Player Account in order to buy Ticket(s) on behalf of the syndicate.  We are not responsible for management of a syndicate.  It is the responsibility of each member of a syndicate to ensure that they agree rules for management and operation of the syndicate with the other members.  We have provided a sample syndicate agreement on our website (www.scottishchildrenslottery.com/syndicates) that you may adapt to suit your own needs if you are in a syndicate. If you buy a Ticket on behalf of a syndicate, it is your responsibility (not ours) to ensure no syndicate member is an Excluded Person.

4.         CONDITIONS OF ENTRY

4.1.      All entry instructions communicated by us and that are available on our website shall form part of the terms and conditions of a Lottery or free Raffle. 

4.2.      When you buy a Ticket, you acknowledge and agree that:

4.2.1.    you will be entered into a Lottery, promoted by the relevant Charity on the date of the Lottery for which the Ticket is valid;

4.2.2.    a minimum of 30% of the Ticket price will go towards Good Causes; and

4.2.3.    any misrepresentation of fact as to your eligibility, whether intentional or unintentional, will make you an Excluded Person and ineligible to win a Prize.

4.3.      You agree to be bound by these terms and conditions, all rules and conditions on our website for entry to a Lottery Draw, Instant Win Lottery, free Raffle or promotion, any applicable sections of The Gambling Act 2005 and any relevant regulations made under it from time to time. If you have not complied with the relevant rules, terms and conditions, we will not be liable for any loss or damage you suffer.  This includes the loss of opportunity to enter a Lottery or free Raffle and/or right to receive a Prize.

4.4.      Your Lottery Draw Tickets and Instant Win Lottery Tickets will only be considered as valid (and hence eligible for a prize) if you have successfully passed our verification process under clause 6. We will have sole discretion as to whether to accept any entry to the Lottery and pay out a Prize.  We may refuse any entry to the Lottery or withhold any Prize if we have reasonable grounds to believe that any applicable terms and conditions have been breached. In exercising our discretion under this clause 4.4, we will rely on our own technical logs and records, and our decision will be final and binding.

5.         EXCLUDED PERSONS

5.1.      Excluded Persons are not eligible to participate in the Lottery or to receive any Prizes.

5.2.      We treat the following persons as Excluded Persons, and therefore, not eligible to participate in the Lottery:

              1.        director, employee or trustee of (i) STV ELM Ltd., (ii) a Charity;

              2.        board of directors or management team of STV Plc;

              3.        employers of key IT contractor or supplier of the Lottery product;

              4.        customer service agent providing service to STV ELM Ltd.;

              5.        person involved in the main Lottery Draw[1];

              6.        immediate family members[2] of group 1. to 5. as listed above living in the same household;

              7.        a self-excluded person as per clause 10;

              8.        any person who does not comply with these T&Cs.

5.3.      We reserve the right to exclude any Player from the Lottery when required by any relevant authorities or if we believe, in our sole discretion, that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.

5.4.      By participating in the Lottery, you warrant that you are not an Excluded Person. 

6.         SETTING UP AND USING YOUR PLAYER ACCOUNT

6.1.      You need to have a Player Account in order to participate in the Lottery.  You may apply to set up a Player Account by successfully completing our online registration or by contacting our customer service team (www.scottishchildrenslottery.com/contact). The security of your Player Account is important to us.  It is your responsibility to keep your login details secure.  If you suspect or know that someone else has had unauthorised access to your Player Account, you must tell us promptly and change your user ID and/or password.  If you forget your password, you must follow the instructions on our website in order to obtain a new password.

6.2.      You must tell us your name, date of birth, address and contact details before we can complete the set up of your Player Account.

6.3.      Once your Player Account has been successfully set up, you can then proceed to setup your Registered Payment Method (debit card, credit card or direct debit), make a deposit and purchase lottery ticket(s). Automatic Identity and Age Verification checks will be carried out at the point of your first deposit. In carrying out these checks, your personal information provided will be disclosed to a credit reference agency.  They may make a record of the search. The credit reference agency we used is Callcredit Limited, PO Box 491, Leeds, LS3 1WZ.

6.4.      Should automatic verification fail, we will contact you in order to perform a manual verification. We will require a copy of one document from each of Group A and Group B below, to be sent to us by email or by post. The same document cannot be used to satisfy requirements from both Group A and B. If you have changed your name recently, you are also required to send us a copy of a document from Group C.

Group A – The following documents can be used as proof of ID and age:

  • Current Passport (full copy of photo page)
  • Current UK or EEA photocard Driving Licence (excluding provisional licence)
  • EEA member state identity card

Group B – The following documents can be used for proof of address:

  • Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months
  • Bank / Credit Card statement dated within the last three months
  • Current UK Driving Licence (if not used in Group A, and excluding provisional licence)
  • EEA member state identity card (if it carries the address, and not used in Group A)

Group C – The following document can be used as Proof of Name Change (in addition to Group A and B, if applicable):

  • Marriage Certificate
  • Deed Poll letter (change of name)
  • Decree Absolute (divorce letter)

You must send us the requested documents to allow us to verify you within 72 hours of your first deposit. If we are not able to successfully verify you within this time frame, your account will be suspended. We may have to cancel your direct debit subscriptions, refund any ticket purchase and Instance Win Lottery play and void any winnings.

If we subsequently discover that you were not, or are no longer, eligible to open a Player Account, we reserve the right to suspend or terminate that Player Account.

6.5.      You will be able to deposit funds into your player account which can then be used to purchase lottery tickets.

6.6.      You may only deposit funds that take the cash balance in your account up to a maximum of £2,000 at any point in time.

6.7.      We may monitor the value of deposits made to your account. For your own safety and to encourage you to gamble responsibly, we may impose limits on how much you can add to your account.  We will always tell you if you have reached the limit.

6.8.      Prize wins, bonuses or good will payments that take a player’s cash balance over £2,000 will be permitted. However, we may request you to withdraw funds after the aforementioned payments have been made to your account.

6.9.      Deposits and withdrawals can only be made via your Registered Payment Method.  The minimum deposit amount is £5, and the minimum withdrawal amount is £10. If your Registered Payment Method is a jointly owned bank account or joint credit or debit card, you accept that all payments that we make to you from your Player Account will be paid to that joint account or card. If your Registered Payment Method is a debit or credit card, it can only be used on one Player Account and it must not have been reported as lost or stolen.  If you believe your card is lost or stolen and you wish to use a replacement card as your new Registered Payment Method, or you wish to change your Registered Payment Method while there are Funds or pending Tickets in your Player Account, you should contact our customer service team (www.scottishchildrenslottery.com/ contact). We may require you to withdraw any existing Funds and wait for any pending Tickets to be completed before updating your Registered Payment Method.  We may need to perform further checks to verify the ownership of the new Registered Payment Method before accepting it, and we reserve the right to do so.

6.10.   If your card expires, you will be able to update your Player Account with the new card information online or by calling customer service[3] without having to withdraw all the Funds from your account, and without waiting for a future Lottery Draw to take place.

6.11.   If you tell your bank or building society that your Registered Payment Method has been used, without your authorisation, to make a payment into your Player Account, and they ask us to return the payment to your Registered Payment Method, we will suspend your Player Account and investigate the matter. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.12.   If you set up a Direct Debit, you will be bound by the terms of the Direct Debit Scheme and the Direct Debit Guarantee Scheme.  You can find more details here.

6.13.   If you are a Subscription Player, we must receive payment for a Ticket before the Lottery Draw.  This means that if a Direct Debit or other recurring payment is recalled or rejected by your bank, any ticket associated with the failed payment will be withdrawn from the applicable Lottery Draw and will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket. If we have to return a payment to your Registered Payment Method under this clause, and doing so would cause the balance on your Player Account to fall below zero, we will seek to recover the debt from you.

6.14.   Balance in your account consist of the following two categories:

6.14.1.   Cash – this refers to funds deposited by you and cash prizes deposited by us into your account,

6.14.2.   Bonus – this refers to promotional bonuses we offered to you which you can use to purchase tickets. Withdrawal of Bonus Funds is not permitted.

6.15.   We will also apply payments from your account in a particular order.  When you hold Bonus Funds in your account, these are spent first.  After that, we take payments from any Funds in the ‘cash’ balance.  The cash balance is made up of payments deposited from your Registered Payment Method and cash-equivalent payments from Prizes.  Subscription payments and free Fast Pick tickets are spent separately.

6.16.   You can ask us to close your Player Account at any time. If you wish to close your Player Account, you can do so in the ‘Close Account’ section under ‘My Details’. Subject to clause 6.18, we will transfer the balance in your account to your Registered Payment Method. If you have a Ticket (including a Fast Pick Ticket under section 8.17.1) in your Player Account when we receive your instructions to close it, we will suspend your Player Account immediately, and close it after the relevant Lottery Draw for all Lines on the Ticket has taken place.

6.17.   If you wish to suspend or delete a Direct Debit subscription, you can do so in the ‘Subscriptions’ area of your Player Account. If you decide to delete your Direct Debit subscription, you should also contact your bank to ensure that the cancellation request has been received.  All Lottery Ticket(s) purchased with payment(s) collected before you suspend or delete your Direct Debit subscription will remain valid. We will stop collecting Direct Debit payments at this point, and you will not be entered into any subsequent Lottery Draws.

6.18.   If you win a Prize, we will do one of the following:

6.18.1.      for direct debit subscribers:

6.18.1.1.   prize money of £2,000 and under will be paid into your bank account automatically,

6.18.1.2.   prize money over £2,000 will be paid into your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

6.18.2.      for non direct debit subscribers:

6.18.2.1.   prize money of £2,000 and under will be paid into to your player’s account;

6.18.2.2.   prize money over £2,000 will be paid to your bank account after a successful due diligence verification (for which you will be required to send us a copy of the documents in clause 6.4).

7.         CAN I CHANGE MY MIND?

7.1.      We will only allow cancellation of a Ticket under exceptional circumstances (such as self-exclusion after you have bought a Ticket, or if some material features of the Lottery are changed). Except in the case of self-exclusion under clause 10, any cancellation or reversal will need to be completed at least 48 hours before the Lottery Draw for the relevant Lottery.

7.2.      If you bought a Ticket in advance of a Lottery Draw that is then subject to change(s) in these terms and conditions, but prior to us notifying you of the change(s), you may request a refund of your ticket.  You must send us an email request for refund from your registered email address at least 48 hours in advance of the affected Lottery Draw, subject to the limitations stated in clause 11.  You acknowledge that if we accept your application for a refund, we will withdraw your ticket from the applicable Lottery Draw and you will not be eligible for any Prizes in any subsequent Lottery Draw associated with that ticket.

7.3.      For the avoidance of doubt, you can’t cancel an Instant Win Lottery Ticket after you buy it, and if you don’t like the numbers selected for you in a Fast Pick Ticket you are not entitled to cancel the Ticket.

THE LOTTERY DRAW, INSTANT WIN LOTTERY, FREE RAFFLES AND PRIZES

8.         THE LOTTERY DRAW

8.1.      After setting up a Player Account as described in clause 6, you enter the Lottery Draw by buying a Ticket on our website, mobile site, mobile app, or by phoning customer service (www.scottishchildrenslottery.com/contact)[4]. Tickets cost £1 per Line.

8.2.      To select numbers for each line of the lottery ticket, you must either choose 5 (five) different numbers between 1 (one) and 49 (forty nine) inclusive, or use Fast Pick to automatically select the numbers for you. Where you enter the Lottery Draw by way of a Free Ticket having been issued for Players who have met the promotion criteria set out in the terms and conditions of the relevant promotion, the entry shall be by way of a Fast Pick only.

8.3.      Once you have selected the numbers of all lines you wish to purchase in a ticket, you can then select the number of draws you wish to enter using the same ticket (with the same selected number of lines and lottery numbers). The lottery draw take place once a week, therefore the number of draws corresponds to the number of weeks you want to participate. The screen will now display the total cost of the ticket. Click ‘PLAY’ to continue. The system will now ask you to confirm your selections. Click ‘Confirm’ to confirm your purchase.

8.4.      It is your responsibility to check prior to clicking ‘Confirm’, that your lottery number selections (except in the case of a Fast Pick Ticket) and the number of draws are correct.  You can also review this information after the ticket purchase by clicking the ‘Lottery History’ link under the ‘My Tickets’ section in your Player Account.

8.5.      A Ticket will be valid only for the Lottery Draw(s) to be held on the date(s) shown in your Player Account.  If you are a Subscription Player, we will enter you into the Lottery Draw on a continuous basis, unless you cancel your Direct Debit or recurring card payment.  If you are not a Subscription Player, you may buy a Ticket that enters you into the Lottery for up to eight weeks in advance.

8.6.      The maximum number of lines per Ticket purchase is 100 (which may compose of multiple lines and multiple draws). You can make multiple Ticket purchases in multiple transactions as long as the total spend is within the ‘Spending limit’ in ‘My Details’ (which you can edit at any time).

8.7.      You may buy a Ticket up until the Draw Lockdown on the date of a Lottery Draw, which is set to be 6:00pm on Monday.  After this time, sales will be closed for that night’s Lottery Draw and you will only be able to buy a Ticket for a future Lottery Draw. Whilst we will try to ensure that the time of the Draw Lockdown is consistent from week to week, there may be exceptional circumstances when we have to change a Draw Lockdown.  It is your responsibility to ensure you buy your Ticket in plenty of time and we will not be responsible for loss of opportunity to enter a Lottery Draw if the time of the Draw Lockdown is changed.

8.8.      We will display the name of the participating Charity that will benefit from the Lottery Draw in any given week on our website, and the relevant Charity’s name will also be on the Ticket receipt displayed on screen after you buy a Ticket. Ticket receipts for more than one Lottery Draw will clearly display the date of all Lottery Draws and the relevant Charity for each Lottery Draw.

8.9.      We reserve the right to hold the Lottery Draw on an alternative date if the normal Lottery Draw date falls on a Bank Holiday.  We will notify any customer who has purchased ticket(s) of the affected draw via email. Any such change will also be posted on our website.  We also reserve the right to re-schedule or cancel the Lottery Draw, or to offer the alternative solution set out in clause 8.15 if circumstances arise, or if the normal Lottery Draw date falls, on any other day we deem, in our absolute discretion, unsuitable for holding a Lottery Draw.

8.10.   We will publish the results of each Lottery Draw on our website. The TV broadcast schedule will be announced on our website. A Prize shall only be awarded to a winning Ticket that has the Winning Numbers recorded at the Lottery Draw itself. We will automatically notify Players via their registered email address if they have won a Prize.

8.11.   In the Lottery Draw, 5 (five) Winning Numbers will be drawn at random by the Ball Machine. The Bonus Number will be drawn after all five Winning Numbers have been drawn.

8.12.   You may only claim one Prize in respect of each Line per Draw.

8.13.   From time to time, we may, at our absolute discretion, increase the prize amount for a Lottery Draw (up to the limit permitted by law), which will be announced on our website ahead of the draw. Under the Gambling Act 2005, no winner is entitled to receive more than £25,000 or 10% of total Ticket sales for that Lottery, whichever is greater.

8.14.   The Lottery Draw will be conducted by STV ELM Limited, who will record the Winning Numbers and Bonus Number. If STV ELM Limited observes or suspects any irregularity or failure in the procedure, the Lottery Draw will be stopped, declared null and void, and a new Lottery Draw will take place. 

8.15.   In the event of a Ball Machine failure, results from the next available draw of Germany’s Lotto 6aus49 lottery will be used to complete the Lottery draw. On the Wednesday following a Ball Machine failure the first five numbers drawn in the Lotto 6aus49 draw will be used as the Winning Numbers and the sixth number drawn in the Lotto 6aus49 draw will be used as the Bonus Number. The draw may be watched live on Wednesday evening at the following website address: http://www.lotto.de/de/ergebnisse/lotto-6aus49/live-ziehung.html. Results for the draw are also available at the following website address: https://www.lotto.de/de/ergebnisse/lotto-6aus49/archiv.html.

8.16.   Subject to clauses 6.11, 7 (seven) and 10 (ten), entries are final and, once completed, cannot be cancelled, reversed or refunded.

8.17.   Subject to this clause 8, Prizes paid to the holders of Tickets with Winning Numbers will normally be as follows:

8.17.1.      If 2 (two) Winning Numbers are matched on your Ticket, you will win a Fast Pick Ticket that will be automatically entered by our Computer System into the next scheduled Lottery Draw, unless 8.19 applies;

8.17.2.      If 3 (three) of the Winning Numbers are matched on your Ticket, you will win one Prize of £25;

8.17.3.      If 4 (four) of the Winning Numbers are matched on your Ticket, you will win one Prize of £250;

8.17.4.      If 4 (four) of the Winning Numbers and the Bonus Ball are matched on your Ticket, you will win one Prize of £2,000;

8.17.5.      If 5 (five) of the Winning Numbers are matched on your Ticket, unless clause 8.13 applies, you will win a Prize up to a maximum of £25,000. Where there are multiple winners of the Jackpot, we will impose Prize Capping of £100,000 on the Jackpot Prize pool. For example, if there are 4 or less winners of the Jackpot, each winner will receive £25,000 according to the prize table. However, if there are 5 winners of the Jackpot, each winner will have an equal share of the £100,000 Jackpot Prize pool and receive £20,000 each.

Lottery Draw Prize table

Tier Number Matched Prize Odds of Winning
1 5 Main Numbers (Jackpot) £25,000 1,906,884
2 4 Main Numbers + Bonus Ball £2,000 381,377
3 4 Main Numbers £250 8,869
4 3 Main Numbers £25 202
5 2 Main Numbers One Fast Pick Entry 14

Approximate overall odds of winning a prize: 1 in 13

8.18.   A Prize Capping of £500,000 will also be imposed on the total prize amount (including all winning categories) in a single draw. In such circumstances, we may reduce all prize categories in proportion so as to bring the total Prize payout to a maximum of £500,000 for any single Lottery Draw.

8.19.   In cases where the £500,000 Prize Capping has to be imposed on a particular draw, we reserve the right to cancel Prize Tier 5 where two main numbers are matched in the Lottery Draw.

8.20.   Players winning the main Lottery Jackpot, i.e. matching 5 (five) Winning Numbers, will not be eligible to enter the weekly free Raffle (described in clause 8.31). Winners of other tiers in the main Lottery Draw will be able to participate in the associated weekly free Raffle.

INSTANT WIN LOTTERIES

8.21.   We may change the list of Instant Win Lottery games available for play at any time.

8.22.   You can play an Instant Win Lottery on a sample basis in ‘Try’ mode on our website. When you do this you will not be charged to play, and none of the prizes displayed will be payable. You will need to complete our age verification process in order to access ‘Try’ mode.

8.23.   The result of each Instant Win Lottery will be generated by a Random Number Generator at the time you buy a Ticket, and it will not include any element of skill. Our Computer System will allocate the Prizes corresponding to the generated results according to the advertised Prize structure.  Each Player’s chance of winning a Prize will be exactly the same at the point of purchase and will not be affected by previous wins in the same Instant Win Lottery or Prizes previously paid in other Instant Win Lottery.

8.24.   The top prize for an Instant Win Lottery is £25,000, unless the Ticket sales are greater than £250,000. In that case, we may increase the Prize up to an amount equal to 10% of Ticket sales or up to £400,000, whichever is lower.

8.25.   Within each Instant Win Lottery game page, information is provided which includes: ’How to play’, the name of each Instance Win Lottery game, the price to play, the Prize structure, the odds of winning for each Prize tier, the Charity operating that week’s lottery.

8.26.   Participation in the Instant Win Lottery is complete when our Computer System shows whether or not you have won a Prize. This is the case whether you have witnessed the completion of that Lottery, or if clause 8.27 applies.  If it isn’t possible to determine whether or not you have won a Prize after buying a Ticket, that Instant Win Lottery will be deemed to be incomplete. You will need to reconnect to our Computer System to be able to complete that Instant Win Lottery.

8.27.   If you buy a Ticket for an Instant Win Lottery but do not play it, our Computer System will automatically complete that Lottery before you exit our Computer System.

8.28.   You can view the result of all your Instant Win Lotteries in the ’Instant Win Tickets’ area under ‘My Ticket’.

8.29.   For an Instant Win Lottery, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

8.30.   When you play an Instant Win Lottery, the company that supplies us with those lottery games is not responsible for any financial transactions from your account.  We will continue to be responsible for these payments.

FREE RAFFLES

8.31.   A Free Raffle Draw, funded by the STV ELM Limited, will be held each week on the same day after the Lottery Draw.  Subject to clause 8.20, you will automatically receive one entry into the Free Raffle Draw for each Lottery line you purchase for that week. Each entry is identified by a unique Raffle Code. A random number generator will be used to select Raffle winner(s) from all valid entries. If you win a Prize, you must claim it within the timescale set out in clause 9.4.

8.32.   In addition to the weekly free Raffle, we may promote other free Raffles from time to time. These Raffles will be separate from the Lottery Draw, and we will publish the rules for each Raffle on our website.

8.33.   We reserve the right to close a free Raffle without notice or compensation if it is subject to complaint by a Player, law enforcement agency or the Gambling Commission, or if there is any issue over its integrity.

8.34.   For the free Raffles, the result logged in our Computer System will be deemed to be the final result.  If the images displayed on your screen don’t match our Computer System’s records, we will treat this as a display error and the result on our Computer System will be the final result.

PRIZES

8.35.   We may change the Prize sums paid to Players where we are required to do so by law, regulation or if the Gambling Commission tells us to do so. We will endeavour to notify you if it is possible and permitted by the authorities.

8.36.   Prizes will be rounded up to the nearest pound if required.

9.         WHAT HAPPENS IF I WIN?

9.1.      Winnings up to £2,000 in the Lottery Draw, free Raffle, or Instant Win Lottery will be paid into your Player Account except for Direct Debit Subscribers for which the prize will be paid into your bank account.

9.2.      If your winning is more than £2,000, we will request documentation from you (as stated in clause 6.4) in order to perform due diligence verification, and if satisfactory, we will make a payment into your bank account.

9.3.      Where we pay a Prize to an Excluded Person, or otherwise pay a Prize in error, the Prize or any payment made in error must be returned immediately to us.

9.4.      We will use our reasonable endeavours to make the Prize payment to you within fourteen days of receiving the requested documentations from you in order to perform due diligence verification.  You must claim a Prize no later than 6pm on the 180th day after the date of the relevant Lottery Draw.  If you don’t claim a Prize within this period, it will be forfeited, and the Prize will be returned to the relevant Charity for distribution to its Good Causes.

9.5.      If you win a Prize, it is your responsibility to pay any and all taxes due in respect of that Prize.

10.       Responsible Gambling

10.1.   At Scottish Children’s Lottery, we provide you with a variety of facilities to help you stay in control and play responsibly. These facilities include Deposit Limit, Spending Limit, Game Play Reminder, Time Out, Self-Exclusion and Account Closure. To access and find out more about these facilities, click the link ‘Play Responsibly’ at the bottom of our website.

10.2.   The use of these facilities involves a joint commitment between you and us. We will take all reasonable steps to prevent you from gambling beyond any limits or restrictions that are set within your account. At the same time, you must not attempt to circumvent those limits or restrictions. We shall not be liable to any damages caused by your circumvention, or to return any deposits, winnings, or other funds in respect of such activity.

10.3.   After self-excluding from our site, we also advise that you self-exclude from any other gambling operators where you hold accounts. Also there is website filtering software to prevent you from accessing gambling websites from your personal computer. These includes: GamBlock, Cyber Patrol, Net Nanny, Optenet PC, Betfiler.

10.4.   We may also impose operator exclusion, time-out, deposit and spending limits if we think it is necessary to help you stay in control. If we do this, we will tell you what and when measures are put into place.

11.       LIMITATION OF OUR LIABILITY AND RESERVATION OF RIGHTS

11.1.   Subject to clause 11.2, our liability to you shall be limited to the amount of any Prize or refund that you may have become entitled to under these terms and conditions.  We shall not be liable for any loss other than our failure to pay out a Prize or a refund you are entitled to.  In particular, neither we nor any Charity shall be liable to you for any loss or damage you suffer because of:

11.1.1.  any failures, errors or delays in our Computer System,  any postal services, or electronic banking services used by us or you from time to time;

11.1.2.  incorrect- or misuse of our website, mobile site, mobile application, or customer service centre;

11.1.3.  any event that is beyond our, or the Charities’ reasonable control (such as fire, flood, power failure, war, failure of telecommunications services or act of government);

11.1.4.  your failure to meet your obligations set out in clause 6;

11.1.5.  your entry into the Lottery, or any act, omission or event that prevents you from entering the Lottery;

11.1.6.  the withdrawal or cancellation of a Lottery;

11.1.7.  your failure to keep your contact details updated under clause 14.11; or

11.1.8.  a negligent act or omission by you.

11.2.   Nothing in these terms and conditions shall exclude or limit our liability:

11.2.1.  for death or personal injury resulting from our negligence; or

11.2.2.  for fraud or fraudulent misrepresentation; or

11.2.3.  where it can’t be excluded or limited by law.

11.3.   We are not liable in contract, delict or tort (including but not limited to negligence), or otherwise in connection with the Lottery for:

11.3.1.  loss of profits, business or anticipated savings or loss of data;

11.3.2.  any special or indirect or consequential losses; or

11.3.3.  any loss of goodwill or reputation.

11.4.   By requesting self-exclusion under clause 10, you are entering an agreement with us. If you breach the self-exclusion agreement by circumventing our measures to stop you from accessing your Player Account, we shall not be liable to you or any third party in respect of any breach by you of that agreement giving rise to loss, and we are under no obligation to compensate any loss or damage caused by your action or breach, or to return any deposits, winnings, or other funds in respect of your action or your breach.

11.5.   We exclude all warranties, conditions and guarantees relating to the Lottery, whether express or implied by law, to the maximum extent permitted by law.

11.6.   The Lottery is provided on an “as is” and “as available” basis and we make no representations or endorsements of any kind.  We do not guarantee that our website, telephone system, broadcast or live transmission of the Lottery Draw will be uninterrupted or error-free.  If we need to carry out maintenance work to upgrade or update our Computer System, we may need to suspend the provision of the Lottery.  We will tell you if our Computer System will be unavailable for scheduled maintenance.

11.7.   We reserve the right to suspend or close a Player Account, or refuse to set up a Player Account.  This is at our absolute discretion and we do not have to disclose our reasons.  If we close your Player Account, we will return all monies held in the account to the Registered Payment Method within seven (7) working days, unless clause 14.6 applies.

11.8.   If you visit any websites via hyperlinks provided on our website, all transactions made on those websites are conducted entirely at your own risk.

12.       YOUR LIABILITY

12.1.   You agree to fully indemnify us in respect of all liabilities, claims, actions, damages, expenses, demands or costs incurred by or awarded against us, due to your negligent conduct, omission or misuse of our website or your Player Account.  Nothing contained in these terms and conditions shall affect your statutory rights.

13.       MAKING A COMPLAINT

13.1.   If you have a complaint or if you are unhappy about any aspect of the Lottery, or if you want a copy of our complaints procedure you should contact our Customer Service team (www.scottishchildrenslottery.com/contact).

13.2.   If you are not satisfied with the proposed resolution of a complaint through our complaints procedure, then if the dispute meets the criteria detailed in the Gambling Commission’s Code of Practice, you may be able to refer your complaint to an independent adjudicator for further investigation and review.  This independent adjudicator is called the Independent Betting Adjudication Service (IBAS), and specialises in the resolution of gaming disputes. They will consider your complaint totally impartially and we are bound by their decision. IBAS contact details are as follows:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS 

Telephone: 020 7347 5883

E mail: adjudication@ibas-uk.co.uk

Website: www.ibas-uk.com

14.      GENERAL

14.1.   Scots law applies to these terms and conditions, and the Scottish courts will decide the outcome of any litigation arising between you and us.

14.2.   All intellectual property rights generated from the operation of the Lottery shall belong to us or our licensors. Copyright, trademarks and other intellectual property rights, including without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our website and social media sites or on other promotional material for the Lottery, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off, belong to us or our licensors. You are permitted to use this material and content only as expressly authorised by us or our licensors. You agree to take all steps (at our cost) to vest in us any intellectual property that you create in the course of entering the Lottery, or posting material on our website or social media sites.

14.3.   You acknowledge and agree that the material and content contained within our website is made available for your personal, non-commercial use. You are not permitted any other use of such material and content. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content. 

14.4.   We will store, manage and use all information you provide to us for the purposes of the Lottery in accordance with current Data Protection legislation and also with the privacy policy posted on our website (www.scottishchildrenslottery.com/privacy-policy). Our privacy policy forms part of these terms and conditions.

14.5.   If you wish to be removed from our mailing list, you should

14.5.1.   click on the unsubscribe link shown on all our e-mails, or

14.5.2.   change your ‘Notification Preferences’ within ‘Personal Details’ in your Player Account, or

14.5.3.   contact our Customer Service team (www.scottishchildrenslottery.com/contact).

14.6.   If you do not transact on your Player Account for a period of twelve months, your Player Account will be classed as dormant.  We will e-mail you if your Player Account is likely to become dormant to tell you what you need to do in order to prevent this happening.  If you take no action following the period specified in our correspondence with you, we reserve the right to close your Player Account and transfer the balance held within it to the Charities for distribution to their Good Causes.

14.7.   You acknowledge that we may want to carry out publicity activity relating to Players and Prizes.  Unless we are required to do so by law, we will only disclose information about you or your Prize with your consent (or in the case of a syndicate, the consent of each Player).

14.8.   We may terminate, vary or suspend the provision of the Lottery, or access to your Player Account without prior notice:

14.8.1.   on breach of these Terms and Conditions or the relevant Lottery rules; or

14.8.2.   if we stop managing the Lottery;

14.8.3.   where we are required by law to do so; or

14.8.4.   for any other reason at our sole discretion (always acting reasonably).

14.9.   On termination of your Player Account or the Lottery, we will return your Funds to your Registered Payment Method. In the event that a refund cannot be made, the provisions made in clause 14.6 will apply.

14.10. The Charities may change from time to time.  It is our responsibility to add charities to the Scottish Children’s Lottery, or to remove charities from it.  We will always tell you if the Charities change.

14.11. It is your responsibility to ensure that the information you give us when you register to play the Lottery is kept up to date.

15        WHAT HAPPENS TO MY MONEY IN THE EVENT OF INSOLVENCY?

15.1  The Gambling Commission requires us to tell you what happens to Customer Funds, and the extent to which those Funds are protected in the event of our insolvency. Customer Funds (both monies deposited by Players or reflected in their Account Balance as a result of Prizes paid to Players) are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This corresponds to a ‘medium’ level of protection as defined by the Gambling Commission.  You can get more information from the Gambling Commission’s website at www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx

Footnotes
[1] This includes the draw adjudicator, draw presenter and any guest(s) present at the main Lottery draw.
[2] Immediate family members include parent, step-parent, child, step-child, spouse and sibling.
[3] Standard geographic rates apply for landline. Mobile may vary.
[4] Standard geographic rates apply for landline. Mobile may vary.