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Terms and Conditions

Terms & Conditions

These Lottopawa Terms of Use (hereinafter referred to as the Terms of Use) apply to the Lottopawa.com website (hereinafter referred to as the Website) operated and maintained by Mobipesa Ltd (hereinafter referred to as the Company).

By displaying, browsing, or using the Website in any way you are subject to the following Terms of Use as well as our Privacy policy. If you do not agree to that, we ask you to stop using our website.

If you have any remarks or questions regarding these Terms of Use, we ask you to contact us through one of the available means of contact (e-mail, telephone, contact form).

1. Other definitions:

Lottery – a number game within which a Drawing takes place.
Drawing – a drawing of a specified amount of numbers from specified ranges of standard numbers or standard and bonus numbers within a particular Lottery. Drawings take place cyclically on days and hours previously established by the Operator of a particular Lottery.
Operator – the entity organizing the Drawing in a particular Lottery.
Ticket – an electronic ticket for a drawing you select of a particular Lottery that contains one or more Lines.
Line – a single set of numbers that you selected for a particular Lottery drawing. Depending on the Lottery, it may contain a different amount and/or other pool (of a different range) for standard and bonus numbers (if they exist).
Winnings – a positive outcome for a particular Ticket, which means an outcome for which a match required to win occurred between an amount defined by a particular Lottery of numbers selected by you and drawn in a Drawing (the particular Ticket was bought for) of numbers from the pool of standard and pawa number for one or more Lines included in a particular Ticket. All the additional winnings for a particular Ticket do not count in the Winnings and are the property of the Company.
If more than one player matches all six main numbers and the Pawa number, the tier-one prize of KSh 200 million will be equally divided between the winning players. The same happens in case the same player has played the winning numbers more than once – each of his “lines” only win a share of the KSh 200 million.
If more than one player matches all six main numbers but not the Pawa number on their ticket, the tier-two prize of KSh 20 million will be equally divided between the winning players. The same happens in case the same player has played the winning numbers more than once – each of his “lines” only win a share of the KSh 20 million.
All tickets or lines with wins in tiers three and lower will be paid the same amount, namely the amount awarded to that tier. Even if you have selected the same winning numbers on two separate tickets, you will get paid two times the amount that is set for that tier.
Deposit – funds deposited in your account to be later used to purchase Tickets.
Account – Your user account, which has your funds, purchased Tickets, and your data assigned to it.

2. Limitation of use:

The Website is directed towards any natural person of age who can legally use it according to the laws of Kenya, specifically the law that prohibits persons under 18 years of age from taking part in any gambling activity. We ask you not to use the website if you do not meet those criteria, as it might result in your Account getting suspended and its data permanently deleted in accordance with our Privacy policy and paragraph 4.7 of these Terms of Use. By using the Website and its services you confirm that you do not break any law that you are subject to as a result of using it, are mentally healthy, and take full responsibility for your actions. You also take responsibility for making sure if you can participate or collect Winnings from Drawings that you participate in through the Website. You declare that the Company takes no responsibility for verifying the above facts and on account of that, you surrender making any claims against us on that ground. You declare that you understand and accept the fact that we are unable to provide you with any information, advice, or guarantees on legal matters.

3. Service:

The Website provides services for purchasing, processing, and storing Tickets for the Drawings you select and placing Deposits to be later used to purchase Tickets.

You hereby acknowledge that your data (including personal data) might be delivered to the Operator and other third-party entities, if it is required to collect the Winnings.

By using the services available on the Website you declare that all the funds that you use to purchase Tickets or make a Deposit are owned by you and do not come from theft or are not restricted or reported to proper authorities as lost.

All the Ticket purchase disposals for a particular Drawing have to be placed before the date of the Drawing and the hour specified in Table 1.1.
In the event of rare and unintentional errors in the Website’s software or other malfunctions that result in a Ticket not being purchased according to your disposal, the Company will compensate an unfulfilled purchase in form of a Ticket for another Drawing of the same Lottery or return the costs of the Ticket purchase in form of additional funds in form of Deposit. The Company’s liability is only limited to the amount of your costs of the Ticket purchase.

Participation in a Drawing (by purchasing a Ticket) is subject to these Terms of use, as well as the legislations of law, terms, and rules the organization of the Lottery by the Operator is subject to.
In the event that any errors will result in the unwarranted granting of Winnings to you or increasing your existing Winnings, you will not be entitled to them. You will notify the Company of such occurrence immediately and return the wrongfully calculated (on your Account) Winnings to the Company (according to their command) or the Company might, on their own accord, withdraw the amount equal to those Winnings from your Account.

4. Account management

By creating an Account you hereby declare that the detailed information you provide during the registration and updating processes is true and correct, and in the event of any changes you will properly update it. You also declare that you do not and will not make your Account available to third-party individuals and entities, under the threat of suspension or deletion of the Account.

You declare that you will use the Website and its services with good intentions toward the Company and other users of the Website.
You may only have one Account on the Website. You also declare that you have not had an active Account before that was suspended or deleted. In the event of not fulfilling these requirements, the Company reserves the right to suspend or delete all the Accounts that you own.

The Company reserves the right to demand additional information and documents that confirm your identity at any time. Your account might get suspended until said requirements are fulfilled.

The Company reserves the right to immediately suspend an Account or block access to the Website without giving a reason.
We will notify you of suspending your Account in an e-mail sent at the address specified in the Account profile.

You are entitled to appeal the suspension of your Account within 14 calendar days by replying to our e-mail notifying you of the Account suspension.
The Company reserves the right to delete a suspended account if you do not comply with the unblocking requirements we have sent you within 30 calendar days from its suspension or if we do not receive your appeal.

We respond to appeals within 30 calendar days. In the event of a negative response to the appeal, your Account might get deleted after 30 calendar days from looking into the appeal. In the event of a positive response to the appeal, your Account will be unblocked within 48 hours.
In the event of a permanent suspension (lasting longer than 60 calendar days) or deletion of an Account, the Deposit will be returned through the mean agreed upon by you and the Company up to the amount of the funds legally transferred to the Account without prejudice to paragraph 5.2.
The Company reserves the right to not pay out Winnings assigned to a suspended or deleted Account if the Tickets that contain Winnings have been purchased against the existing law or these Terms of Use. The said Winnings will be seized by the Company. A decision of a seizure of Winnings by the Company is final and there is no appeal available against it.

You declare that you will fully cooperate with the Company and provide it with all necessary documentation completely and in good intentions, especially in order to verify the Account and collect the Winnings.
You declare that you are responsible for accounting and paying taxes and all other payments set by the government or other lawmaking entities of your country, the place of stay or residence, the payment of which becomes necessary due to you using the Website (including, but not limited to, the Winnings fees). However, you acknowledge and accept that the Company may withhold the withdrawal of funds from the Deposit and pay all the necessary expenses, payments, and taxes required by law that relate to your Account, as well as cover extra payments and costs related to Ticket purchase and Deposit funds withdrawal.

The Company takes no responsibility for any losses or actions resulting from unauthorized access to your Account by using your Account’s access data (e-mail and password). You are also obliged to notify the Company of any suspicion of unauthorized access to your Account.

You declare that you will not perform any chargeback operations or cancel any payments performed by you in relation to the services and will compensate the Company for any losses, costs, or damages caused by you taking such actions and in any such case will pay all the resulting obligations towards the Company.

You declare that you will not use the Account or make it available to third parties for illegal purposes intended for fraud, money laundering or any other objectionable actions and will not make attempts, personally or through third parties, to breach the security, reverse engineer, obtain the source code, modify or perform any activities that might cause damage to the Website or the Company including the infrastructure and the employees.

In the event of violating the above declaration, the Company is authorized to reveal all the information and data related to the Account to proper authorities, suspend or delete the Account as well as confiscate all funds on the Account, including the Deposit and the Winnings, whereas it does not exclude the Company from taking other actions not specified in these Terms of use.
You authorize the Company to make your data available and notify proper authorities, Internet service providers, banks, payment card operation companies, electronic payment service providers, or other financial institutions of any suspicious, unlawful, deceitful, or inappropriate actions taken by you or by use of the Account and you will fully cooperate with the Company in order to investigate and reveal such actions.
You will compensate the Company and surrender all claims against the Company’s overall demands, summons, obligations, damages, losses, costs, and expenses, including legal fees, resulting from you violating these Terms of Use in any way or any other obligations resulting from using the account.

5. Withdrawals

You might send a withdrawal disposal through your Account.

The Deposit funds that come from the Winnings might be withdrawn with any method that you select, without prejudice to paragraphs 5.4 and 5.5.
A payment card withdrawal disposal might only be carried out to the amount of funds paid with the use of the particular payment card. The Company will make its best effort to withdraw the funds through your preferred payment method. In the event that a withdrawal using a selected method is not possible, the funds will be withdrawn through a bank transfer or other method agreed upon by you and the Company.
The minimum withdrawal amount is 500 KSh.

The company charges no fees for withdrawing funds, although there might be costs and fees coming from third-party entities. All payments of this kind will be covered out of the withdrawn funds.

The Company reserves the right to withhold a withdrawal of funds in the event of a suspicion (according to the Company’s voice), that you might take or perform actions recognized as fraud, violating the existing law or in other way violating the interest of the Company or causing any doubts. In such events, the Company may take, engage in or support any investigation on the matter (including, but not limited to, by making all the information, including personal data, available to any third-party entities the Company will deem requiring this information), while you agree to cooperate and support all the actions taken by the Company in this matter.

6. Intellectual property

The Website, its contents, and its features are the property of the Company and are fully protected by proper international copyright laws and other intellectual property laws.

All copyrights related to the Website and all of its contents and services are the sole property of the Company (without prejudice to paragraphs 6.6).
It is forbidden to use the rights mentioned in paragraph 6.2 without the Company’s written permission.

Lottopawa is a trademark owned by the Company and any use of it without the Company’s permission is forbidden and constitutes a violation of the Company’s rights.
All the content available on the Website is only intended for personal use. Any other use of it is forbidden and you take full responsibility for any damages, costs, and expenses that might result from using it in a way that is not permitted in these Terms of Use.

7. Limitation of liability

We take no liability for violating the law, neglect, oversight, losses, data loss or damage of any kind resulting directly or indirectly from you using the Website, its services, or you violating these Terms of Use. The Company will make its best effort to prevent faulty functioning of the Website, although, in the event of any malfunctions, the Company reserves the right to cancel or suspend your access to the services that do not function properly.

We take no liability for any errors, neglect, interruptions, deletion, defect or transmission delay, communication lines malfunctions, theft, damage, unauthorized access, change of data or information, or any indirect or direct damage caused by the above. We take no liability for any technical problems of communication service providers, malfunctions of systems, computers, servers or providers, malfunctions of computer equipment, software, or for Internet traffic overload in relation to any website.

We reserve the right to cancel, block, modify, or suspend services if for any reason outside the Company’s control, the services cannot be delivered according to the plan.

We make no guarantee for the correctness of the information or proper functioning of the software, and services contained or offered on the Website, implicit or explicit. We take no liability for any harm, damage, or loss caused by relying on information or any other published body or content available on the Website.

We take no liability for any damage or loss caused as a result of using or relying on the contents of any website that the Website contains hyperlinks to. Any hyperlinks, services, funds, and information belonging to third parties that we provide or make available on the Website are not controlled by us in any way. In accordance with that, we make no guarantee in regard to such services, funds, and information belonging to third parties and we are in no way liable for you using or relying on such services, contents, and information.
You declare that you exempt us from liability for all demands, charges, damages, losses, costs, and expenses resulting from your violating these Terms of Use.

We take no liability for damages, failures, or delays in carrying out the obligations resulting from these Terms of Use, especially for any unintended actions or oversight on our part that resulted in receiving an amount lower than the Winnings, not receiving Winnings or any event that caused the Operator to cancel your right to receive the Winnings for any reason. You hereby surrender any claims and disputes on that matter. We also make our best effort to make sure that carrying out, processing, and collecting the Winnings go without problems.

The Company does not guarantee the uninterrupted and proper functioning of the Website and its services in any way.
We make our best effort to make sure that the information on the Website is up-to-date and error-free, although it may contain errors that we take no liability for. If you have noticed an error, we ask you to notify us and we will fix it as soon as possible.
Drawing results, as provided by the Operator, will be published on the Website after being provided by the Operator. To avoid any doubts, we inform you that only the final results of a Drawing, in line with the ones provided by the Operator, will constitute a basis for the Winnings tied to a Ticket. In the event that the results published on the Website differ from the ones published by the Operator, the ones provided by the Operator will be binding.

8. Miscellaneous

The company may hand over or in any other way change the ownership of the Website (in part or in whole) to any third-party entity without prior notice. Additionally, the Website and its services might be operated by third-party entities. The rights arising from these Terms of Use are inalienable.

Any claims or objections in relation to the Website or its services have to be delivered to the Company in written form through the available means of contact (e-mail, contact form) providing as many details as possible within 14 calendar days from the occurrence of the event that makes the basis of claims or objections. We respond to all claims or objections within 30 calendar days.
You agree to receive information from the Company electronically or through a cellular network. You may quit receiving marketing-related Notifications at any moment by using the cancel link included in every e-mail message we send or by contacting us through the available means of contact: e-mail, telephone, or contact form.

These Terms of Use together with the Privacy policy constitute the entirety of the agreement between the Company and you. These Terms of Use together with the Privacy policy are subject to the law of the United Kingdom. You hereby agree to irrevocably be subject to the sole jurisdiction of the courts of the United Kingdom in order to solve any disputes related to or potentially resulting from using the Website and its services.

These Terms of Use as well as the Privacy Policy were originally written in English. In the event of any incompatibilities or discrepancies between the meaning of this translation and the original English version, the English language version is exclusively applicable.

The integral parts of these Terms of Use are the Know Your Customer policy and The money laundering prevention policy in form of annexes to these Terms of Use.

Changes

In the event of significant changes to these Terms of Use, we will notify you of them electronically by sending a message to your e-mail address, although the Company reserves the right to make changes to these Terms of Use in a completely discrete way, without prior notice. It is your sole responsibility to make sure whether changes have been made to these Terms of Use or the Privacy policy. Any use of the Website after making changes to the Terms of Use or the Privacy policy will be considered as accepting them.

Contact

If you have any questions or doubts, contact us through the available means of contact (e-mail, contact form, telephone).

Know your customer Policy

Annex 2 to LottoPawa Terms of User

The Know your customer policy is growing in significance around the world, especially for banks and other financial institutions. Its purpose is to prevent theft, financial fraud, money laundering, and financing terrorist operations. The Company has a zero-tolerance policy for fraud and uses all available methods to prevent it. Any suspicious activity will be documented by us and all the accounts related to it will be closed immediately. All funds on such accounts are forfeited.

Prevention
The Company makes it its goal to make sure that the sensitive data it receives, such as account data and transactions you perform, is consistent and true, by using different security and fraud detection methods. Protecting your electronic transactions requires you to deliver certain information.

After your first payment with a particular payment card, the Company reserves the right to require you to provide the following documents:

A copy (scan) of a valid passport page with a photograph and signature;
A copy (scan) of the payment card used to make a deposit (the front with only the last 4 digits visible, the back with the CVV code obscured);
A copy of a utility bill with personal data and the address of residence;
A signed list of performed transactions.
You will be notified of the need to provide documents electronically. We ask you to deliver the above documents as soon as possible, which will help you avoid delays in carrying out your transactions. Failure to deliver the required documents within 7 calendar days since receiving the information may result in suspension or deletion of the Account in accordance with the Lottopawa Terms of Use.

Documents in JPG format should be attached to the return message. No other format will be accepted.

The Company uses top-quality security standards and considers all documents to be confidential. All the files that we receive are fully protected with the use of a secure encryption level at every step of verification.

The money laundering prevention policy

Annex 2 to LottoPawa Terms of Use

The Company does not tolerate money laundering and supports battling this phenomenon. To do this, we follow the guidelines of the Joint Money Laundering Steering Group (UK). The said group is a member of the Financial Action Task Force (FATS), an international entity the purpose of which is to combat money laundering and terrorism financing. The Company runs a money laundering deterring policy. Its goals are:

Make sure that the client has a valid identity document;
Keeping a register of identifying information;
Establishing if clients are not known terrorists or are not suspected of terrorist connections by checking personal data on adequate lists;
Close monitoring of clients’ transactions;
Not accepting postal orders, transactions carried out through third-party entities, currency exchanges, or Western Union transfers.
International prevention of money laundering requires financial institutions to be aware of potential attempts of such actions and abuse that may occur on clients’ accounts and introduce compatibility programs the purpose of which is deterring, exposing, and reporting suspicious activity.