|The following general conditions (the “Conditions”) apply to all gaming contracts entered into between the Company and a Player from their approval from Gambling Monitoring Unit.
These Conditions apply for participation via authorized Retail Outlets with online equipment, 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 Conditions:
“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 the Game;
“Draw” – The process which culminates in the selection of a Winning Combination.
“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.
“Media” – means tools used to store and deliver information or data.
“[Fito Fito]” 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 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) (ii) the date of Draw(s) that it is issued for; (iii) the code; (iv) the Ticket number.
“Pick” – means the set of four digits (range from 0000 to 9999) and one out of four (4) symbols (Terfil, Patkoi, Breshka or Monedha) which is indicated in the Ticket and which is played as one single combination. The digits may be chosen by the Player or – upon a Player’s request – via Quick Pick, whereas the symbol for a complete pick is always selected by the Computer System on a random basis.
“Pick Slip” – is a working paper (flete 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 the Game 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;
“Unclaimed Prizes” – prizes that are not claimed within the time period as defined by the Company in h.14.
“Unclaimed Prize Fund” – is the fund created in accordance with h.14;
“Winning Combination” – means the four (4) winning digits and the winning symbol determined in a Draw. One by one, each of the four (4) winning digits is drawn at random out of a set of ten digits (range 0 to 9). The order of the drawn digits determines the digits of the Winning Combination, starting from the left. The winning symbol – for the completion of the Winning Combination – is drawn at random out of four (4) symbols (Terfil, Patkoi, Breshka or Monedha).
“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 for selecting the digits of the Pick.
a. Legal basis
a.1 By participating in the Game, 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 Game.
a.2 The Company is entitled to operate the Game on the basis of the Albanian Law on Games of Chance and the License Agreement approved by the Parliament with the law 95/2013, dated 04/03/2013, granted to it by the Republic of Albania acting through the Ministry of Finance, for the period of such license.
b. Description of the Game
b.1 The object of “Fito Fito” is the determination (Draw) of a Winning Combination.
b.2 To achieve a winning in the first tier, the Holder’s Pick (in accordance with c.5.3) has to match the Winning Combination in full, this means the four (4) drawn digits in the correct order, from right to left, and the drawn symbol.
To achieve a winning in the tiers two (2) to five (5), the digits of the Holder’s Pick have to match in full (tier two (2)) or in part (tiers three (3) to five (5)) in the correct order, from right to left, the four (4) drawn digits of the Winning Combination.
b.3 The winning amounts are fixed values in accordance with the prize pyramid as specified in the article e.3.2 herein.
c. Conditions for participation in the Game
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 gaming Participation or introduce new ones and make use of new technical Media of different types to arrange gaming participation.
c.3 Participation in the Game
c.3.1 Pick Slips
c.3.1.1 The Pick Slip contains four (4) Fields in which the digits of the Pick(s) are to be recorded by marking the respective boxes. It enables a Person to participate in one or more successive Draws that, subject to item c.8.2 below, directly follow the submission of the Pick Slip. The Company reserves the right to change the number of Fields on a 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 the Game should try to predict and clearly mark each of his/her Pick(s) 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 – as the case may be – in more successive Draws. Selected digits of the Pick 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, then the unmarked Picks between them shall not be entered into the Computer System, hence they will not be played.
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 Computer System will select the four (4) digits and the symbol for each Pick. Participation is confirmed by printing out a Ticket. A correction of Quick Pick Participation is not possible.
c.3.3.1 The Company reserves the right to define the number of identical Picks (the “Cap”) per Draw. In a Draw each identical Pick is only allowed to be played fifteen times (15) at the most. If one of the Picks is not accepted due to this reason, i.e. as the Cap is reached, this not participating combination shall not be entered into the Computer System and is mentioned on the printed Ticket separately. A correction of such a Pick is not possible.
c.4 Participating in one or several successive Draws
c.4.1 Persons may offer to participate in one or more 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 gaming contract will be concluded only for the one Draw directly following the submission of the Pick Slip.
c.5 Participation Qualification and Gaming 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 (see also article c.3.3) and delivered in order for the gaming contract 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 gaming 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 gaming 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 Pick as winning or potentially Winning Combination, even where the Player has the Retail Outlet complete the Pick Slip or submit Picks via the Computer System (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 gaming 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 gaming 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 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. Every 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 Pick is 50 (fifty) ALL.
d.2 For participation in more than one Draw, 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 gaming 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. Stakes 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 Draw and hence in the determination of the number of winners within each prize tier.
e.2 Determination of Stakes
e.2.1 The stake amount of a Draw (the “Stake”) is determined by multiplying (i) the 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 respective price per Pick.
e.2.2 If the Company makes free Picks available to Persons in the context of a special occasion, the Company will pay the winning amounts of such winning free Picks.
e.2.3 The determination of the Stake for the respective Draw will be carried out by the Company after the Draw.
e.3 Prize pyramid and prize tiers
e.3.1 The number of correct predictions from among the Winning Combination determines the level of the prize tier as defined in the article e.3.2 below.
e.3.2 The prize pyramid is as follows:
The prize pyramid for this game results in a calculated average payout percentage of more than 50%.
e.3.3 To win a prize in the first tier, the four (4) digits in its entirety and in the right sequence, from right to left, as well as the symbol of the Pick, must match the Winning Combination drawn.
e.3.4 To win a prize in tiers two (2) to five (5), the four (4) digits of the Pick must match the four (4) drawn digits of the Winning Combination in the correct sequence, from right to left, in full (tier 2) or in part (tiers 3 to 5).
e.3.5 Winning a prize in a prize tier excludes the possibility of winning with the same Pick in a lower prize tier in the same Draw.
e.4 All winning amounts are gross amounts.
e.5 The Company can add cash or non-cash prizes to individual prize tiers.
e.6 The determination of the number of winners within each prize tier 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 Winning Combination takes place in a Draw which shall be open to the public (public draw).
g.1.2 The Draw date/day, time and place, and changes thereto shall be announced on the Company’s website and/or by informative media 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 after the respective Draw.
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, and the determination of the number of winners within each prize tier 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.6.
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.
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 the hereafter item 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 remittee.
h.11 Several winnings in connection with a participation of a Ticket in more than one Draw, 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.9.
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 remittee.
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 (the “Unclaimed Prizes”) shall be transferred to an Unclaimed Prize Fund. This Unclaimed Prize Fund will be used for (i) additional cash bonuses; and/or (ii) non-cash bonuses. The Company shall determine at its sole discretion the portion to which the Unclaimed Prize Fund shall be used for any or all of the purposes mentioned under item (i) and (ii) above in this paragraph.
h.15 If several prizes are won per gaming 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 gaming contract shall be excluded.