|The following general conditions (the “General Conditions”) apply to all Game contracts entered into between the Company and a Player from [insert date].
All the Additional Conditions (as defined below) for every (new) game version of the Scratch-off Lotteries shall be an integral part of the Game Rules for Scratch-off Lotteries.
These General Conditions apply for participation via authorized Retail Outlets with online equipment, authorized subcontractors, as well as for participation via all kind of other media (e.g. Internet, etc.).
Unless the context clearly indicates otherwise, the following words shall have the following meaning when used in these General Conditions:
“Company” – is the licensed operator of the National Lottery, Lotaria Kombëtare sh.p.k. with its legal seat in Tirana, Albania, and its business address at Rruga “Dritan Hoxha”, No. 39-1, registered with the National Registration Centre under NUIS L22119005R;
“Computer System” – Technical equipment specified by the Company;
“Albanian Law on Games of Chance” – Law Nr. 10033, dated December 11th, 2008, as amended from time to time;
“Holder” – is a person that has acquired physical possession of a Scratch-off Ticket.
“Person” – is a member of the public who may be interested in the participation in the Game.
“Player” – is a member of the public who purchases or otherwise acquires a Scratch-off Ticket.
“Scratch-off Lotteries” – are games of chance in which the Player can immediately determine whether he/she has won by checking the Winning Field on the Scratch-off Ticket.
“Scratch-off Series” – is a defined number of Scratch-off Tickets issued by the Company, all having the same price and the same prize pyramid.
“Scratch-off Ticket” – is a Ticket which has been acquired by a Player who may win an instant prize.
“Winning Field” – is the imprint on the Scratch-off Ticket where a possible instant prize becomes visible after scratching off the scratch layer.
“Retail Outlet” – shall mean a retail outlet which appears as such in the list of Retail Outlets published by the Company at http://www.lotaria.al and which is equipped with technical appliances that form part of the Computer System and having capacity for immediate data transmission according to the specifications of the Company.
“Participation” and other words deriving thereof with reference to Scratch-off Lotteries refer to the acquisition of a Scratch-off Ticket.
“Terminal” – part of the Computer System; technical device in a Retail Outlet for enabling Holders to claim the prizes;
“Unclaimed Prizes”- prizes that are not claimed until the date defined by the Company that is visibly printed as information on the back of the Scratch-off Ticket itself.
“Unclaimed Prize Fund” – is the fund created in accordance with g. 11;
“Additional Bonus”- shall mean cash and non-cash bonus given in addition to the normal prizes to all the players in accordance with g 11.
“Prize Fund” – has the meaning ascribed to it in item f.2.
“Force Majeure” – means any event or effect that cannot be reasonably anticipated or controlled and without the fault or negligence of the non-performing party. As herein used, Force Majeure means acts of war, terrorism, action of the elements (e.g. fire, flood, storm, etc.), electrical power outage, rationing, material damage, civil disturbance, or any other cause which is beyond the control of a party affected and which, by the exercise of reasonable diligence, said party is unable to prevent or to predict and through advance planning avoid.
a. Legal basis
a.1 By participating in Scratch-off Lotteries, the Players accept the following General Conditions and undertake to observe them.
These General Conditions, and the data, conditions and explanations appearing on Scratch-off Tickets constitute the entire agreement and contractual rights and obligations of the Company to Players with respect to each Scratch-off Ticket.
a.2 The operation of Scratch-off Lotteries is based on the Albanian Legislation on Games of Chance.
a.3 The Company is entitled to operate Scratch-off Lotteries on the basis of the license granted to it by the Republic of Albania acting through the Ministry of Finance, for the period of such license.
b. Description of Scratch-off Lotteries
b.1. The Scratch-off Lotteries are issued in different game versions and Scratch-off Series. The Company determines the volume of a Scratch-off Series. The object of the Scratch-off Lotteries is to win instant prizes that become visible on one or more Winning Fields of the Scratch-off Ticket. This imprint can take the form of numbers as well as symbols. The Scratch-off Lotteries can be realized in single or multiple stages, whereby the multiple-stage versions offer an additional chance of winning to the Player.
b.2 In additional conditions (the “Additional Conditions”) the Company details every respective game version in particular in terms of the volume of the Scratch-off Series, the price per Scratch-off Ticket, the payout rate and the prize pyramid. Such Additional Conditions form an integral part of the Game Rules for Scratch-off Lotteries.
c. Conditions for participation in Scratch-off Lotteries
c.1 Participation in the Scratch-off Lotteries
c.1.1 Anybody who acquires a Scratch-off Ticket may win a prize and determine its amount or the existence of an additional chance of winning immediately after purchasing the Scratch-off Ticket.
c.1.2 The Scratch-off Lotteries are operated by the Company. Only the authorized Retail Outlets or subcontractors are entitled to sell these Scratch-off Tickets to Persons.
c.1.3 Minimum age for Participation is 18 years.
c.1.4 Participation is executed anonymously.
c.2 Game Contract
c.2.1 If the Company makes free Scratch-off Tickets available to Persons in the context of a special occasion, the Company will only add the respective payout percentage applying to these free Scratch-off Tickets (in accordance with point f.2) to the Prize Fund.
c.2.2 The Game contract between the Company and the Player is concluded through the payment of the price per Scratch-off Ticket by the Player and the handing over of the Scratch-off Ticket to the Player.
c.3 Prize Pyramids
c.3.1 The prize pyramid of the respective Scratch-off Series can be viewed on the back of the Scratch-off Ticket.
d.1 The Company will be liable for any damage to the Player caused culpably by the Company after the Game contract has been concluded.
d.2 The Company assumes no obligation (hence cannot be held liable) in respect of damages caused by criminal actions of third parties or in case of a Force Majeure event, or resulting from other circumstances for which the Company is not responsible.
d.3 The Retail Outlets will only be liable for intent and gross negligence.
|e. Place of Game implementation and territory of Scratch-off Tickets sale
e.1 The Company offers Participation in the Scratch-off Lottery via authorized Retail Outlets and subcontractors on the territory of the Republic of Albania.
f. Individual price of the Scratch-off Ticket and/or possible combinationsf.1 The price per Scratch-off Ticket of the respective Scratch-off Series is indicated on the Scratch-off Ticket.
g. The quantity and monetary value of Scratch-off Tickets sold
g.1 The volume of a Scratch-off Series is determined by the Company and is shown on the back of the Scratch-off Ticket.
h. Prize Fund
h.1 The sales amount of a Scratch-off Series is determined by multiplying the number of Scratch-off Tickets of a Scratch-off Series by the price per Scratch-off Ticket.
h.2 At least 50% of the sales amount of a completely sold Scratch-off Series is allocated to the Prize Fund of the respective Scratch-off Series. The respective Scratch-off Series’ payout percentage is determined by the Company and can be derived from the prize pyramid of the respective Scratch-off Ticket. However, the Company can add non-cash prizes or monetary amounts to all or individual prize tiers.
i. Manner and term of payment of prizes
i.1 The winnings are allocated to those Scratch-off Tickets that show an instant prize in one or more of the Winning Fields.
i.2 A prize entitlement can only be derived from the Scratch-off Ticket. Any claiming of prizes shall be exclusively subject to the presentation and handing over of the Scratch-off Ticket. All payouts to winners shall have a debt-discharging effect for the Company.
i.3 The bar code and the validation number, if any, on the Scratch-off Ticket must be in good condition and perfectly readable for the technical equipment used at the Retail Outlets.
i.4 The Holder of a Scratch-off Ticket will not be entitled to the prize(s) if (a) the Holder has not yet turned 18 years old or cannot prove that he has turned 18 year old, (b) the Scratch-off Ticket has been tampered with in any way or is corrupted, or (c) the code on the Scratch-off Ticket is unreadable. If a Holder of a Scratch-off Ticket believes that the Retail Outlet has refused the prize to him/her in breach of these General Conditions the Holder of a Scratch-off Ticket must claim the prize at the Company’s headquarters by completing the relevant prize claim form and submitting it to the Company together with the Scratch-off Ticket.
i.5 Payouts of winnings shall only be carried out in exchange for the intact winning Scratch-off Ticket equipped with the bar code, and on the basis of the feedback data transmitted by the Computer System.
i.6 Winnings up to ALL 15,000 (fifteen thousand) per properly qualified winning Scratch-off Ticket will be paid out to the Holder of the Scratch-off Ticket in cash at any Retail Outlet.
i.7 High-tier prizes ranging from ALL 15,001 (fifteen thousand one) to ALL 100,000 (one hundred thousand) per properly qualified winning Scratch-off Ticket will be paid out to the Holder of the Scratch-off Ticket at specially designated Retail Outlets (prize payout points for major cash prizes).
i.8 Notwithstanding the above items g.2, g.6, g.7, Holders of any properly qualifying winning Scratch-off Tickets may choose to claim their prizes regardless of the winning amounts at the headquarters of the Company. The high-tier prizes exceeding the amount of ALL 100,000 (one hundred thousand) per properly qualified winning Scratch-off Ticket will exclusively be handled by Company’s headquarters and paid out to the Holder of the Scratch-off Ticket. Such high-tier prizes will exclusively be transferred to a bank account specified on the prize claim form (or any other method of payment mutually agreed between the Company and the winner of the high-tier prize), which has to be fully completed and submitted by the Holder of the Scratch-off Ticket.
i.9 In case the prize is claimed at the Company’s headquarters, the prize claim form including the enclosed Scratch-off Ticket will remain with the Company. Any bank transfer or postal charges as well as all other legally prescribed fees or costs incurred in this context, if any, must be paid by the remitter.
i.10 There is no obligation for the Retail Outlets or for the Company to check the Scratch-off Ticket Holder’s entitlement to a prize.
i.11 Each respective last day of payout for the Scratch-off Tickets of one Scratch-off Series is defined by the Company and is visibly printed as information on the back of the Scratch-off Ticket itself. Prizes can only be claimed until the designated date (last day of payout). If the prize of the Scratch-off Ticket is claimed after the designated date, the prize entitlement has already ceased. The Unclaimed Prizes will be transferred to an Unclaimed Prizes fund. This fund will be used for (i) additional cash bonuses; and/or (ii) non-cash bonuses to be given in reference to Scratch-off Ticket Series. The Company shall determine at its sole discretion the portion to which the fund shall be used for any or all of the purposes mentioned under item (i) and (ii) above in this paragraph.
i.12 Payment of prizes shall be subject to withholding tax. Hence, any withholding to be made on account of any applicable taxes at source shall be withheld from the winning amounts in order to be remitter to the tax authorities in compliance with all applicable laws.
i.13 The Company in accordance with the Law no.9917, dated 19.5.2008 “On prevention of the money laundry and financing of the terrorisms” and all the sub laws based on this law, shall take all the necessary preventive measures.
j. Publication of Conditions
j.1 The General Conditions as well as the Additional Conditions may be consulted at any Retail Outlet on demand and are further published on the Company’s website.
k.1 Withdrawal from the Game contract shall be excluded.
ADDENDUM TO THE GAME RULES FOR “SCRATCH-OFF LOTTERIES”
Additional Conditions for the game version “Arka e Thesarit”
Every Participation in the game version “Arka e Thesarit” is concluded as defined on the General Conditions for Scratch-off Lotteries and the present Additional Conditions, which are as follows:
Name of the game version: ARKA E THESARIT
Scratch- off Series number: 002
Number of the Scratch-off Tickets: 7,000,000
Price per Scratch-off Ticket: 50 Lekë
Payout rate: 53,0 % of the sales amount of a completely sold Scratch-off Series is allocated to the Prize Fund