for the game Loto “6 out of 39”
The following general conditions (the “Conditions”) apply to all Game contracts entered into between the Company and a Player from [insert date].
These Conditions of Loto “6 out of 39” apply for participation via authorized Retail Outlets with online equipment, as well as for participation via new media (Internet).
Unless the context clearly indicates otherwise, the following words shall have the following meaning when used in these Conditions:
“Booster Fund” – is the fund created in accordance with e.5.1 and as the case may be further supplemented in accordance with h.14;
“Company” – the licensed operator of the National Lottery, Lotaria Kombëtare sh.p.k. with its legal seat in Tirana, Albania, and its business address at Str. “Dritan Hoxha”, Nr. 39-1, registered with the National Registration Centre under NUIS L22119005R;
“Computer System” – Technical equipment specified by the Company for the purpose of participating in Loto “6 out of 39”;
“Draw” – The process which culminates in the selection of a set of winning numbers for Loto “6 out of 39” on a random basis.
“Albanian Law on Games of Chance” – Law Nr. 10033, dated December 11th, 2008, as amended from time to time;
“Game Closing Time” – means with respect to a Draw the time which has been determined and published by the Company as the time after which no Picks may be placed in respect of that Draw.
“Holder” – is a person that has acquired physical possession of a Ticket.
“Loto “6 out of 39” ” or “Game” – is a game operated by the Company the results of which are determined by a Draw.
“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 Ticket the data on which have been confirmed by the Company through the Computer System through the printing of such Ticket.
“Retail Outlet” or “Authorized Agent” – 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.
“Ticket” – is a ticket which has been printed out by the Computer System, the data on which have been confirmed by the Computer System and which contains, amongst others, the following constitutive elements in clearly legible form: (i) the Pick(s) including all its (their) respective selected numbers; (ii) the date of Draw(s) that it is issued for; (iii) the code; (iv) the Ticket number.
“Pick” – a set of numbers in a Field, which are indicated in the Ticket as PRSH (used as abbreviation of the word “prediction” (“Parashikim”) and which are played as one single combination.
“Pick Slip” – is a working paper (fletë pune) which facilitates participation in the Game; it does not represent a Ticket.
“Quick Pick”- has the meaning given to it in item c.3.2
“Participation” and other words deriving thereof with reference to Loto “6 out of 39” refer to the acquisition of a Ticket.
“Terminal” – part of the Computer System; technical device in a Retail Outlet for enabling Persons to participate in the Game and the printing out of Tickets for Players;
“Stake” – has the meaning given to it in item e.2.1;
“Winning Sum” – shall have the meaning ascribed to it in item e.4.1
“Additional Bonus”- shall mean cash and non-cash bonus given in addition to the normal prizes to all the players that will result winner/s from the special draw of one or more ticket numbers selected randomly.
“Prize Fund I” and “Prize Fund II” – have the meaning given to them in item e.5.2.
“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.
With reference to a Pick Slip a “Field” refers to a clearly bordered area within a Pick Slip which contains boxes with numbers 1 to 39.
a. Legal basis
a.1 By participating in Loto “6 out of 39”, the Players accept the following Conditions and undertake to observe them. These Conditions, and the data, conditions and explanations appearing on Tickets constitute the entire agreement and contractual rights and obligations of the Company to Players with respect to each Loto “6 out of 39” game.
a.2 The operation of Loto “6 out of 39” is based on the Albanian Law on Games of Chance.
a.3 The Company is entitled to operate Loto “6 out of 39” 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 Loto “6 out of 39”
b.1 The object of Loto “6 out of 39” is the prediction of as many of the six winning numbers as possible (from a set of numbers ranging from 1 to 39) which are successively selected in a Draw. The Prize Fund I is distributed among several prize tiers in accordance with the rules set out in item e herein. All winnings within the same prize tier amount to the same value.
c. Conditions for participation in Loto “6 out of 39”
c.1 Only media that have been granted permission by the Company, as well as Pick Slips issued and made available by the Company, or Picks issued by the Quick Pick may be used for the participation in the Game and the submission of Picks.
c.2 The Company may terminate the use of existing media for Game Participation or introduce new ones and make use of new technical media of different types to arrange Game participation.
c.3 Participation in the Game
c.3.1 Loto Pick Slips
c.3.1.1 The Loto Pick Slip contains 12 Fields each of which contains boxes numbered 1 to 39 in which the six predictions are to be recorded (by marking the respective numbers). It enables a Person to participate in one or up to five successive Draws that, subject to item c.8.2 below, directly follow the submission of the Pick Slip.
c.3.1.2 Pick Slips are made available by the Company for the purposes of facilitating the Participation but the mere completion or submission of a Pick Slip shall not amount to any contract between the Company and any Person. A Person wishing to participate in Loto “6 out of 39” should try to predict and clearly mark each of its Picks (each Pick being six freely selectable numbers on the Pick Slip) within a Field. Persons can indicate whether they wish to participate with one Pick (or as the case may be several Picks) in one Draw or in up to five successive Draws. Selected numbers must be marked in the form of a cross (X), which must be placed inside the respective box.
c.3.1.3 The marking on the Pick Slip must exclusively be made with a ball-point pen in either black or blue. Markings in other colors (in particular in red or green) are not permissible as they cannot be scanned appropriately by the technical equipment employed.
c.3.1.4 Only clearly readable marks are eligible. In case of a faulty entry made when a Pick Slip is used, the Pick Slip may at the sole discretion of the Company or its Authorized Agent be returned to the Person for manual correction or corrected via the Retail Outlets’ technical equipment according to the wishes of the Person.
c.3.1.5 A Person should indicate all entries in the respective boxes on the Pick Slip in a clearly visible way, and the entries may not display any indications of corrections (e.g. eraser marks, alterations and/or writing over existing marks).
c.3.1.6 If a Person does not indicate a Pick in each of the Fields or if Picks are indicated in Fields which are not subsequent to each other, for example if only the Fields 1, 3, 5, etc. were marked with proposed Picks, then the unmarked Picks between them (in this example 2, 4, etc.) shall not be entered into the Computer System, hence they will not be played.
Picks shall also not count as played if a Person has indicated less than three marks per Field on the Pick Slip.
c.3.2 Quick Pick
c.3.2.1 Instead of using a Pick Slip, a Person can also play Quick Picks. In the case of a Quick Pick the Terminal will select the six numbers for the Loto Pick. Participation is confirmed by printing out a Ticket. A correction of Quick Pick Participation is not possible.
c.4 Participating in one or several successive Draws
c.4.1 Persons may offer to participate in up to five successive Draws by indicating this in the relevant area of the Pick Slips.
c.4.2 If a Person does not indicate in the Pick Slip the number of Draws he/she wishes to participate in, this will be deemed as an offer to conclude a contract for playing only in one Draw and the Game contract will be concluded only for the one Draw directly following the submission of the Pick Slip.
c.5 Participation Qualification and Game Contract
c.5.1 In any case, the prescribed price must be paid in respect of each Pick and the Ticket must have been printed out containing each Pick and delivered in order for the Game contract of Loto “6 out of 39” to be concluded.
c.5.2 Anyone who submits one or several Pick(s) in accordance with these Conditions, pays the price per Pick (except in cases in which free picks were made available to Persons by the Company), has the data transferred to the Company by the Retail Outlets and via the respective data transfer media foreseen, and receives a Ticket to confirm this, is qualified to participate in the Draw.
c.5.3 The Game contract between the Player and the Company is valid as being concluded, if the data of the Pick Slip or the Quick Pick transferred via the Computer System, are received by the Company, are stored accordingly and analyzable, and are confirmed by printing out the Ticket(s) and handing it (them) over to the Player. If any of these requirements are not met, the Game contract will not be concluded.
c.5.4 Entry to the Game is conducted on anonymous basis.
c.5.5 The minimum age for Participation is 18 years.
c.6 Retail Outlets
c.6.1 The Company sells Tickets through authorized Retail Outlets.
c.6.2 The transmission of Pick Slip data and Quick Pick data and the forwarding of the Stakes paid by the Player to the Company are exclusively carried out via Retail Outlets.
c.6.3 Participation in the respective Draw is arranged by the Retail Outlets. Neither the Retail Outlet nor the Company shall be deemed to have taken any obligations be it under contract or tort, towards a Player with regard to the prediction of the numbers that must be chosen in a Pick as winning or potentially winning numbers, even where the Player has the Retail Outlet complete the Pick Slip or submit Picks via technical equipment (Quick Pick).
c.6.4 The Retail Outlets are not obligated to verify the correctness of the content or the correctness of the completion of a Pick Slip. However, they are liable to the Company for the payment of Stakes resulting from the Tickets that have been printed.
c.7 Stakes and Registration
c.7.1 The payment of the funds into the relevant Stake shall be confirmed to the Player by the Retail Outlet through the issuance of a Ticket featuring the code.
c.7.2 The proper issuance and handing over of one or several Ticket(s) featuring the code is a prerequisite for the Participation and further processing of the data.
c.7.3 The Ticket itself is equipped with a code which constitutes an essential component of the Ticket and ensures the correct technical allocation of the Ticket to the data played.
c.7.4 The Ticket issued to the Player serves as the sole proof of Participation in the Game and is a prerequisite for any potential prize entitlement.
c.8 Participation Data
c.8.1 The data shall be transmitted from the Retail Outlets to the Company using the Computer System.
c.8.2 The data must be transmitted to the Company prior to the Game Closing Time for that Draw. Data received by the Company after the respective Game Closing Time shall be deemed to take part in the subsequent Draw.
c.8.3 Data not received electronically by the Company (thus being data in respect of which no Game contract has been concluded due to non-receipt by the Company) will not participate in the Game and hence not participate in the determination of the Stake.
c.8.4 The Retail Outlet as well as the Company may refuse the acceptance of data for material reasons (i.e. including but not limited to obvious influence of alcohol or illegal substances, or substances that may influence the decision-making) at any time.
c.9.1 The Company will be liable for any damage to the Player caused culpably by the Company after the Game contract has been concluded.
c.9.2 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.
|c.9.3 The Retail Outlets will only be liable for intent and gross negligence.
c.9.4 The selection of the modalities of Participation in the respective events rests with the Player. The Retail Outlet cannot be held liable for a Player’s unintentional Participation in a Game.
c.9.5 The Player bears all losses in relation to the correctness of the entries on the Pick Slip and their conformity with the Ticket as well as for the correctness of the Ticket in terms of content, and the printing of the code. The Player is under an obligation to not accept a Ticket if it lacks its code or any other constitutive elements mentioned herein.
ç. Place of Game implementation and territory of Ticket sale
ç.1 The Company sells Tickets and hence enables the Participation in the Game via a network of authorized Retail Outlets on the territory of the Republic of Albania. Participation in the Game will be implemented via the Computer System.
d. Individual price of the Pick and/or possible combinations
d.1 The price per Loto Pick is ALL 100.
d.2 For participation in two to five Draws, the price to be paid per Pick shall be multiplied by the number of Draws. In any case, the prescribed price must be paid in order to conclude the Game contract.
dh. Deadline for Participation in the Game
dh.1 Only Picks that have been submitted before the Game Closing Time of a Draw shall participate in that Draw.
e. Prize Fund and prize tiers
e.1 Pursuant to these Conditions, only data received electronically by the Company and confirmed to the Player by means of Ticket(s) will take part in the Game and hence in the determination of the number of winners within each prize tier and the respective winning amounts of a Draw.
e.2 Determination of Stakes
e.2.1 The stake amount of a Draw (the “Stake”) is determined by multiplying (i) the number of Picks paid for in connection with that Draw (for the avoidance of doubt, excluding the free Picks distributed by the Company at its sole discretion) based on the data received by the Company; by (ii) the price per Pick.
e.2.4 The determination of the Stake for the respective Draw will be carried out by the Company after the Game Closing Time.
e.3 Prize Tiers
e.3.1 The number of correct predictions from among the six winning numbers in a Pick determines the level of the prize tier as follows:
1st tier = 6 correct numbers
2nd tier = 5 correct numbers
3rd tier = 4 correct numbers
4th tier = 3 correct numbers
5th tier = 2 correct numbers
e.4 Prize Fund
e.4.1 The Loto winning sum which amounts to 50% of the Stake collected in respect of one Draw (hereinafter the “Winning Sum”) plus 50 % of the total price of all the free Picks granted by the Company for that Draw will be distributed among the prize tiers of that Draw and the “Booster Fund”.
e.5 Prize Pyramid
e.5.1 2.6% of the Winning Sum will be paid to the Booster Fund. The Booster Fund will be used (i) to supplement the prize money for one or several prize tiers of certain Draws (bonus allocation); and/or (ii) additional cash bonuses; and/or (iii) non-cash bonuses to be given in reference to a given Draw. The Company shall determine at its sole discretion the portion to which the Booster Fund shall be used for any or all of the purposes mentioned under item (i), (ii) and (iii) above in this paragraph.
Without prejudice to the immediately foregoing paragraph, the Company may top up the prize amount of the 1st tier with funds from the “Booster Fund” so as to guarantee that a specific minimum amount shall be paid as prize for the 1st tier in a specific Draw (tier total payout guarantee). The Company will in that case be able to inform the Players accordingly. If no such guaranteed prize is won in the 1st tier, 75.0% of the “Prize Fund II” will be added to the 1st tier of the following Draw in accordance with item e.8 below.
e.5.2 The amount equal to the Winning Sum less the Booster Fund (hereinafter the “Prize Fund I”), shall be distributed among the five prize tiers as follows:
•4th and 5th tier: The Prize Fund I will first cover the payouts of prize tiers 4 and 5, which have fixed winning amounts.
4th tier: fixed at ALL 218
5th tier: fixed at ALL 100
•1st, 2nd and 3rd tier: The Prize Fund I less the payouts for tiers 4 and 5 (referred to here as the “Prize Fund II”) forms the basis for the distribution of prizes to tiers 1 to 3. The distribution key for the Prize Fund II to tiers 1 to 3 is as follows:
1st tier:75.0% of the Prize Fund II
2nd tier:12.2% of the Prize Fund II
3rd tier:12.8% of the Prize Fund II
e.6 Winning a prize in a prize tier excludes the possibility of the same Ticket Pick winning in a lower prize tier in the same Draw.
e.7 All winning amounts are gross amounts.
e.8 If no prize is won in any of tiers 1 to 3, the entire winnings of the respective tier are added to the same tier in the next Draw (jackpot principle).
e.9 To avoid funds not being won and being increasingly accumulated for a long time due to the jackpot principle, the Company reserves the right to distribute the prize money of the first and/or second prize tier to the respective lower tier where there is a winner if the jackpot exceeds a certain amount. This principle is called “roll-down” and will be published in due time, i.e. before the roll-down principle is applied.
e.10 If there are several correct Picks (which are entitled to a prize) in tiers 1, 2 and/or 3, the prize sum of the respective tier will be distributed equally among the correct Picks in that tier. Individual winnings (prize amounts) are rounded financially to the nearest whole Lekë
e.11 The Company can add cash or non-cash prizes to individual prize tiers.
e.12 The determination of the number of winners within each prize tier and the respective winning amounts of one Draw will be carried out on the next business day following the day of the Draw. If there are material reasons for not doing so, the Company may postpone the determination of the tiers to the next following business day.
f. Pick Slips and Tickets
f.1 Only Tickets issued through the use (i) of the media that have been granted permission by the Company; (ii) Pick Slips made available by the Company; or (iii) Quick Picks may be used for the Participation in the Game.
f.2. The Ticket serves as the sole proof of Participation in the Game and is a prerequisite for claiming any potential prize entitlement.
g. Manner of the draw, payment of prizes
g.1 Manner of the Draw:
g.1.1 The determination of the six winning numbers takes place in public Draw/s in which 39 (thirty nine) balls labeled with numbers from 1 to 39 are placed in a draw machine and six balls are successively selected at random.
g.1.2 The Draws usually take place on Sunday and on Thursday of every week. All changes regarding the Draw date/day, if any, shall be announced on the Company’s website in advance.
g.2 Publication of the Draw results and the winning amounts
g.2.1 The Company will publish the Draw results on the Company’s website in principle not later than 2 hours after the respective Draw.
g.2.1 The winning sums of the respective Draw will be published on the Company’s website after the verification of the results by the Company according to e.12.
h. Manner and term of payment of prizes
h.1 Pursuant to these Conditions, only the data which have been received by the Company for a specific Draw before Game Closing Time and confirmed to the Players via Tickets will participate in the determination of the Stake, the determination of the number of winners within each prize tier and the respective winnings of such Draw.
h.2 A prize entitlement can only be derived from the Ticket. The data on the Ticket must correspond to the data received by the Company, and the code on the Ticket must be clearly legible.
h.3 Prizes will be paid out after the determination of winnings has been completed and the verification of prize payouts has been issued by the Company in accordance with clause e.12 and g.2.
h.4 Any claiming of prizes shall be exclusively subject to the presentation and handing over of the Ticket. The payment of each prize will be noted in the Computer System accordingly and the Ticket will be returned to the Person presenting it (i.e. the Holder) by the point of prize payout (that is Retail Outlet or a prize payout point for major cash prizes) after the prize has been paid out. Where a pay-out is made which is the last possible pay-out of prize(s) on account of a Ticket, such Ticket will be marked “PRIZE(S) ARE PAID OUT” prior to being returned to the Holder.
h.5 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 remitted to the tax authorities in compliance with all applicable laws.
h.6 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.
h.7 Winnings up to ALL 15,000 (fifteen thousand) per properly qualified winning Ticket will be paid out to the Holder of the Ticket in cash at any Retail Outlet.
h.8 High-tier prizes ranging from ALL 15,001 (fifteen thousand one) to ALL 100,000 (one hundred thousand) per properly qualified winning Ticket will be paid out to the Holder of the Ticket at specially designated Retail Outlets (prize payout points for major cash prizes).
h.9 Notwithstanding the above items h.7, h.8 and h.11, Holders of any properly qualifying winning 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 Ticket will exclusively be handled by Company’s headquarters and paid out to the Holder of the Ticket no earlier than one week after the Company has received the prize claim form. 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 Ticket.
h.10 In case the prize is claimed at the Company’s headquarters, the prize claim form including the enclosed 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.
h.11 Several winnings in connection with 2 to 5 Draws, which together add up to sums from ALL 15,001 (fifteen thousand one) to ALL 100,000 (one hundred thousand) will be paid out by Retail Outlets designated by the Company (prize payout points for major cash prizes). Any such winnings exceeding ALL 100,000 (one hundred thousand) will exclusively be paid out by the headquarters of the Company in accordance with h.8.
h.12 If a winning Ticket which is submitted to the Company together with a prize claim form also includes Pick(s) in respect of Draws that will take place in the future, the Ticket will be kept on file at the Company until all Draws for which that Ticket was issued have taken place. If that Ticket is a winning Ticket on account of any other Draw (that postdate the submission of that Ticket to the Company) the corresponding winning amount(s) of such other Draw(s) will be paid out to the bank account stated on the prize claim form originally submitted to 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.
h.13 All payouts to winners shall have debt-discharging effect for the Company.
h.14 Ticket Holders may claim their prize(s) for up to 90 consecutive days from the day after the respective Draw date. After this time has expired, any possible prize entitlement will have ceased. Any prizes that have not been claimed within the 90 day period described above shall be transferred to the Booster Fund.
h.15 If several prizes are won per Game contract, the amount of the accumulated winnings will be taken as basis for the method of payout.
h.16 The Holder of a 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 Ticket has been tampered with in any way or is corrupted, or (c) the code on the Ticket is unreadable. If a Holder of a Ticket believes that the Retail Outlet has refused the Prize to him/her in breach of these Conditions the Holder of a Ticket must claim the prize at the Headquarters by completing the relevant prize claim form and submitting it to the Company together with the Ticket.
h.17 There is no obligation for the Retail Outlets or for the Company to check the entitlement of the Ticket Holder.
i. Publication of these Conditions
i.1 These Conditions may be consulted at any Retail Outlet on demand and are further published on the Company’s website.
j.1 Withdrawal from the Game contract shall be excluded.