Terms and Conditions

 

 Introduction

The Terms and conditions as listed here are to be read in conjunction with the reverse side of the Lotto ticket leaflet as issued.

The Buccleuch Arms Hotel buys the Lotto tickets through the company trading as Syndicate Tool and accordingly is subject to the Terms and Conditions of Syndicate Tool. By extension, we are equally subject to the Terms and Conditions of the National Lottery.

The syndicate manager will be David Smith and in his absence Clint Smith or Lawrence Smith will deputise.

Notwithstanding any of these terms and conditions it is inherent, common cause and accepted that tickets or portions thereof as allocated to our guests are given on a purely goodwill basis.  These tickets or portions thereof, as allocated, come at no purchase or cost to the receiver and therefore any normal purchase claim or dispute has no relevance to the goodwill intended.

The portion of any and every ticket will be fixed at a rate of 1/21 portion (IE equivalent to 4.76%). To be clear and for the avoidance of any doubt, every ticket purchased has been split into 21 portions. This portion or percentage is relevant to the portion of any winnings. Portions have been allocated on the basis of the Goodwill and good intentions of the Smith Family and the Buccleuch Arms Hotel. Specifically every room will be eligible for one portion of any winnings (only when winnings are above £500.00 – see below). In addition two Portions have been set aside for staff development (staff development being decided by the staff themselves) and the remainder to the costs of administering the promotion.

Each room – whether it is a twin, double or family room will nominate the person to hold or represent the portion. If this nominated person is the same person who booked the room, or who is the prime occupier of the room according to Hotel records then all is good. However each room occupier reserves the right to nominate the other person in the room as the recipient, in which case a note needs to be made at reception of the change in the nominated person. You will see on the leaflet ticket a place to change this information to hand into our reception. If in doubt you can check with reception to see who the primary or lead occupier of the room is.

Each room will be allocated one ticket portion for every night that they are booked in and physically stay. For the avoidance of doubt the date of the ticket will be based on the day of Check in and not the day of check out.  A new ticket portion will be allocated for every night booked and stayed over.

The (National) Lotto is viewed by the Hotel as a charity fund raiser with many beneficiaries throughout the UK including Moffat. However it is understood that some people have no desire, will or inkling to participate in any form of Lottery.  This is understood and we have adopted an “opt out” policy to accommodate these wishes. Accordingly if any guest has no wish to participate could they kindly inform reception of this by taking the leaflet with the relevant section on the ticket leaflet filled in.   Because this is a goodwill gesture we will assume that the guest does wish to participate unless they have opted out according to the instructions here and on the ticket leaflet.

It is implicit that all decisions made by the Syndicate manager will be final and indisputable under law other than the portion or proportion of the ticket as allocated on the day and within the terms and conditions as stated herein.

It is understood and made clear on the formatted ticket and here, that prizes under £500.00 will not be dispersed due to the high cost of distribution. Any prize money received under this amount will be dispersed at the decision of the Syndicate manager, but in all cases will be transparent and be dispersed in equal portions to:

1. Dumfries and Galloway Blood Bikes
2. Moffat First Responders
3. Moffat Mountain Rescue
4. A Moffat “current causes” account.

Every ticket will have the draw date entered upon it.  The draw will always be the First Saturday of the month after the month in which the guest has stayed.  IE All April guests will be entered into the Lotto draw on the Saturday 5^th May 2018.  All May guests will be entered into the draw on Saturday 2^nd June,2018 and so forth.

All guests are encouraged to retain their ticket leaflet and check the results after the monthly draw. We will also be checking and in addition we do have a checker built in to the system. We are happy to be contacted in the event of winnings or if you are merely checking.  However, this will probably be unnecessary as we will be contacting you in the event of any winnings over £500.00.    This will be done very quickly as we would be the first to want to pass on any good news.

Obviously we run the risk of a change in your contact details and it is for this reason that we are content that you can also check the results and contact us if you feel there is a winning. It is accepted that any change in contact details not passed on to us could result in our inability to contact you. In this event we will do whatever we can but will not take responsibility for our inability to locate you.  Any funds or winnings not dispersed; through our inability to locate you will be held for six months from the date of the draw. One course of action open to the syndicate manager and at the syndicate manager’s sole discretion (if the prize portion is big enough to warrant) would be to contact a tracing agency, the cost of which would be funded out of the recipients winning amount. For the avoidance of any doubt, any costs incurred in tracing the recipient will be taken out of the prize winnings from that portion. The syndicate manager will make a decision after six months as to how to dispense/disperse with the winning money. The decision will be influenced by and made on the size of the portion of winning. The winnings could be dispersed based on the community.  It could be charity based. It could be need based – Whichever case it will be to the betterment of a community.  For the avoidance of all doubt and for simple clarity The Smith family, by open pledge, will not have direct access to, or directly benefit from any unclaimed winnings.

Once a ticket has been purchased and ticket leaflets distributed the subsequent draw will take place, other than in the unlikely event that the Lotto itself is not drawn and therefore out of our control. In which case we would be guided by the National Lotto as to the most appropriate draw date which will almost certainly be the following Saturday.

The Promotion and goodwill factor of this exercise can be stopped or paused at any time at the decision and discretion of the syndicate manager and or the Smith family.  Notwithstanding this any tickets already issued will be seen through to their natural conclusion.

 

 

SYNDICATE TOOL

1. Introduction

These Terms and Conditions, the Privacy Policy (which is incorporated by reference into these Terms and Conditions), and the statements and explanations appearing on the applicable pages (where appropriate) set forth the full extent of the obligations and liabilities of the Company to Users (capitalised terms are defined in the clause below).

The Company may change these Terms and Conditions (including the Privacy Policy) at any time. Such changes shall be binding on Users and will take effect immediately on posting of the revised documentation on the Application.

 

2. Service Overview

Lottery syndicates operate by pooling money contributions from their members to purchase multiple tickets. The members of the syndicate agree to split potential prizes between them, effectively improving each member’s odds of winning but also reducing their stake in the prize.

Syndicate Tool helps users to create, join or manage lottery syndicates. Typical syndicate tasks include recruitment and management of members, calculation and sharing of ticket results and lottery ticket purchasing. These tasks are otherwise very time-consuming and involve numerous spread sheets, photocopies and trips to the local lottery retailer.

Syndicate managers use the Syndicate Tool website to enter their selection of tickets for the syndicate. Syndicate Tool subsequently purchases tickets on behalf of the syndicate through a direct integration with licensed National Lottery terminals under the standard Retailer Agreement.

Syndicate Tool operates by earning commission on gross ticket sales from the lottery operator as the purchasing agent on the National Lottery retailer network. Syndicate Tool does not charge any fees for use of the software or percentages on deposits, withdrawals, ticket costs or prizes to the syndicate.

 

Payments for ticket purchases are made in advance via debit card, bank transfer or standing order (e.g. £10 to cover the next 5 weeks). Syndicate Tool holds the prepaid funds in trust on behalf of the customer, pending purchases, disbursements or withdrawals. The money belongs to the customer and not Syndicate Tool.

 

3. Definitions

Unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:

Account – means a User’s notional account maintained on the Application.

Application – means the Syndicate Tool website and the system hosted on this website, established and operated by the Company for the purpose of registering Users, administering Accounts and facilitating Tickets.

Company – means Lotterytech Ltd, a company registered in England with company number 07625501, whose registered office address is Lotterytech Ltd, 71-75 Shelton Street, London, WC2H 9JQ. Syndicate Tool is a trading name of the Company.

Draw – A lottery game, the result of which is determined by a process which culminates in the selection of a set of winning numbers on a random basis.

Funds – means a sum of money credited to a User’s Account.

Identification Information – means information used to establish the identity of a User, including information required by the Company to verify the authenticity of that information.

Participant – means a Syndicate Member who has transferred Funds to pay for a Ticket

Password – means the alpha-numeric identifier used by a User to identify himself when accessing and using the Application.

Privacy Policy – means the policy established by the Company in respect of the use and storage of a User’s personal information.

Prize – means a prize won by a Ticket.

Prize Structure – means the value and odds of winning Prizes for an individual Ticket and the prize tiers within a Ticket and the chances of winning a Prize in each tier in an individual Ticket.

Security Information – means the information (for example, mother’s maiden name and place of birth) which Users are required to provide to the Company for security purposes as part of registration.

Selection – means a set of numbers chosen, whether by a User himself or via random choice.

Syndicate – means a group of Users that divide the costs of a Ticket amongst themselves.

Syndicate Manager – means a User who has created a Syndicate and is responsible for its Selection and Syndicate Member configuration

Syndicate Member – means a User who has joined a Syndicate

Ticket – means a Selection for a Draw.

Transaction History – means the financial information relating to a User’s use of his Account.

Unutilised Funds – means any Funds that have not been spent or otherwise used by the relevant User.

User – means a person who accesses the Application or uses any facilities or services made available through the Application, whether through an Account or otherwise.

 

4. Operation of an Account

4.1 Criteria for Registration

The Company reserves the right to refuse to complete registration for any intending User for any reason in its absolute discretion.

Users may begin to participate in Syndicates as soon as their Account has been opened. If the Company subsequently discovers that a User was not or is no longer eligible to open an Account, the Company reserves the right to take all appropriate steps in relation to that User and his Account (including, without limitation, suspending or terminating that Account, and investigating any security issues).

It is each User’s responsibility to ensure that he complies with any and all laws applicable before opening an Account or participating in Tickets through the Application. The Company makes no representations or warranties, express or implied, as to the lawfulness for any User to use the Application.

Each User must also ensure that all of his information which can be accessed via the Application is accurate and up to date. Users must keep their Account password secure and secret at all times and take steps to prevent unauthorised use of their password.

4.2. Crediting funds to a User’s Account

Once a User has completed registration, he will be able to credit funds from the bank account specified by that User to his Account.

A User may configure his settings on the Application so that, if he wishes to participate in a Ticket but there are insufficient funds in his Account to pay, the Application will automatically issue an instruction to the User’s bank (details of which are held by the Company) to load sufficient funds into his Account to cover the cost of such Play.

Once the Company has verified that the User’s payment mechanism details have not been reported as lost or stolen, the funds will be credited to the User’s Account.

4.3. Withdrawal of Funds by a User from his Account

A User may withdraw his unutilised Funds held in his Account at any time. On such withdrawal, the Company will return the relevant funds to the bank account, details of which are held by the Company on the Application in respect of that User, or return the balance to the relevant User by other appropriate means.

4.4. Account Balance/Interest

Users can only participate in Tickets up to the amount of funds held in their Account. In the case where a User accrues a negative Account balance, the Company reserves the right to recover that balance from the User or the Syndicate Manager responsible for the User’s negative balance. The Company’s reasonable determination of a Player’s Account balance shall be final. A User will not receive or be entitled to interest on any Funds.

4.5. Closure of an Account

A User may close his Account at any time. On closure of an Account, the Company will return the Player’s Unutilised Funds to the User by appropriate means. The Company will use all reasonable endeavours to contact the relevant User (or his personal representatives where appropriate) to determine his wishes in respect of those Funds.

4.6. Termination/Variation/Suspension of Accounts

If any information provided by a User, is provided fraudulently, or is inaccurate, not current or incomplete, the Company has the right to terminate, vary or suspend the User’s Account and refuse any and all current or future playing of the Games by the User.

The Company may terminate, vary or suspend the provision of the Application immediately and without prior notice:

(a) on breach of these Terms and Conditions; or

(b) for repair or maintenance work or in order to upgrade or update the Application; or

(c) if the Company ceases to offer the provision of Accounts, or access to the Application or any part of it for any reason whatsoever; or

(d) for any other reason at the Company’s sole discretion.

4.7. Chargebacks

If a User notifies his bank that unauthorised use of his debit/credit card has been undertaken in relation to his Account and the bank requests that the relevant sums be returned by the Company to the relevant User’s bank account (“Chargeback”), the Company will suspend the User’s Account and ask the Player to contact the Company.

The Company reserves the right to debit the User’s Account with the amount of the Chargeback together with any funds that the Player has used to participate in Tickets and which are subject to that Chargeback. If that debit results in a negative balance in the relevant User’s Account, the Company reserves the right to recover that balance from the User.

 

5. Operation of a Syndicate

5.1. Purchase of Tickets

A Syndicate Manager can add Selections to be played by the Syndicate for specific lottery games and draw days. Tickets are purchased by the Application on behalf of the Syndicate Members as soon as is reasonably possible.

Syndicate Managers acknowledge and accept that a Selection can only be entered 24 hours before the Draw is scheduled to take place. The Syndicate Manager is responsible for accessing the Application and checking whether his Selection has been entered into the draw.

The cost of a Ticket is divided equally amongst the Syndicate Members for the Syndicate that the Selection was made for. If the payment for a Syndicate’s Ticket leads to a User accruing a negative balance, the Syndicate Manager is ultimately responsible for depositing the funds from the Syndicate Member on the Application.

In the event that the Ticket wins a Prize, the Funds from the winnings are divided proportionally between the Ticket Participants. The proportion is calculated as the fraction of the Ticket cost that each Participant paid for originally. Ticket costs and prizes are paid directly to and from the Funds in each Account.

5.2. Ticket and Prize Restrictions

There shall be no general right for any User to participate in a Ticket. In particular, no Ticket may be played by or Prize paid to:

(a) any person who has an Account the status of which prohibits them from participating in Tickets or receiving a Prize (including, without limitation, a person whose Account has been suspended or terminated);

(b) such other persons or category of persons as the Company may agree from time to time.

If, notwithstanding the above, a Prize is paid to a person not permitted to be paid a Prize, such Prize shall be repayable by that person to the Company upon demand.

In the case of a Prize payment to a person under a legal disability, the Company will make payment to the duly authorised representative. The Company may apply to a court of competent jurisdiction to determine the lawful payee in any particular case.

5.3. Dissemination of Draw and Ticket results

The results of each Draw and of each Ticket in the draw will be made available on the Application as soon as practicable. The publication of results is for information purposes only.

5.4. Release of Information About Winners

The Company may not publicise any details of any Prize winner without the prior consent of that person, save for the purposes of what is required by law.

 

6. Miscellaneous

6.1. Provision and use of equipment

Users need to provide all equipment and technology necessary to access and make use of the Application. Failure to provide all necessary equipment and technology may prevent a User from being able to open an Account, participate in Tickets or access certain information that is available via the Application.

6.2. Use of Content

For the avoidance of doubt, the Company is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Application (except where noted otherwise), and Users shall not acquire any rights therein.

Users acknowledge and agree that they are only permitted to use the Application as expressly set out in these Terms and Conditions. Users agree that the Application are for their own personal, non-commercial use.

Users may not:

(a) copy, disclose, transmit or otherwise make available or remove or alter any material available on the Application;

(b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Application (except to the extent expressly permitted by applicable law); or

(c) remove, obscure or change any copyright, trademark or other intellectual property right notices contained in any material obtained from the Application.

6.3. Warranties and Indemnities

Each User warrants that they will only use their Account in accordance with these Terms and Conditions and in an appropriate and lawful manner and, by way of example, that they shall not in connection with using their Account (and shall not authorise or permit any other party to):

(a) receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) or otherwise objectionable or unlawful; or

(b) knowingly or recklessly transmit any content (including, without limit, viruses) through the Application which shall cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by the Company or others; or

(c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to inhibit others from using the Application or any other website, or which is otherwise likely to damage the reputation or business of the Company or of any third party.

Each User agrees to indemnify the Company against any costs, losses, damages and expenses which the Company may suffer or incur arising out of or in relation to any claim, legal proceeding or demand made by any third party due to or arising out of that User’s wrongful or negligent use of his Account, access to the Application, or breach by that User of these Terms and Conditions.

6.4. General

References to statutory provisions shall be construed as references to those provisions as respectively replaced, amended or re-enacted from time to time and shall include any provisions of which they are re-enactments (whether with or without modification) and any subordinate legislation made under such provisions.

Where the context so requires, in these Terms and Conditions, the neuter gender shall include the feminine or masculine gender and vice versa, the feminine gender shall include the masculine gender and vice-versa and the singular shall include the plural and vice-versa.

The invalidity or unenforceability of any term of, or any right arising pursuant to, these Terms and Conditions shall not affect the validity or enforceability of the remaining terms or rights.

Users may not assign or otherwise transfer (in whole or in part) their obligations under these Terms and Conditions. Any breach of the prohibition on assignment or transfer may result in the User’s Account and access to the Application being terminated by the Company forthwith. The Company may assign or otherwise transfer these Terms and Conditions in whole or in part to any third party at its sole discretion.

6.5. Liability

Nothing in these Terms and Conditions shall exclude or limit any person’s liability (a) for fraud; (b) for death or personal injury caused by its negligence; (c) which it is not lawfully permitted to exclude or limit.

Users acknowledge and agree that in accepting these Terms and Conditions they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms and Conditions).

In the event of a failure or malfunction of the Application, which impacts upon the User Account limits detailed above and which has a material adverse effect on any User, the Company shall refund to the affected User the Unutilised Funds paid into that User’s Account.

Without prejudice to the preceding clause, the Company shall not in any circumstances be liable for any loss of whatever nature, including, without limitation, loss of profits, indirect, special or consequential loss, suffered or incurred by any User, or from the participation or non-participation of any person in any Ticket, including the loss, for whatever reason, of the chance to participate in such a Ticket. In particular, but without prejudice to the generality of the foregoing, the Company shall not be liable to any person:

(a) for any event beyond the Company’s reasonable control including, but without limitation, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;

(b) for the failure of, or damage or destruction to, or any errors caused by the computer systems or records of the Company or any third party (including, without limitation, the Application or any part of any of the foregoing;

(c) for delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;

(d) for the refusal to allow any person to participate in a Ticket;

(e) for any losses caused by Users including misuse or unauthorised use of passwords or mobiles, money lost by participating in Tickets and failure or malfunction of the equipment or technology of the User or his internet service provider, or mobile network operator.

6.6. Decisions of the Company Binding

The exercise by the Company of any discretion contained in these Terms and Conditions shall be final and binding.

6.7. Law

These Terms and Conditions and the rights and obligations of the Company and Users set out herein shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.