CONCERN WORLDWIDE LOTTERY – TERMS AND CONDITIONS

1) The Lottery

The Lottery is a charity fundraising initiative promoted by the Concern Worldwide “The Lottery”.

The Lottery is open to all residents of the Republic of Ireland who are aged 18 (eighteen) or over.

2) Definitions

In these Terms, certain words have defined meanings as follows:

  • “AUP” means THE CONCERN LOTTERY’s acceptable use policy which can be found on our Website at the following address, http://lottery.concern.net/acceptable-use-policy/;
  • “Competition” means any competition run by THE CONCERN LOTTERY on the Website and
  • “Competitor” means any entrant to such Competitions;
  • “Chance” means each entry into the lottery by a player;
  • “Draw” means to process by which winners are determined;
  • “End User”, “you”, “your” means you as the applicant for or end user of the Services;
  • “THE CONCERN LOTTERY”, “we”, “us” means the lottery brand;
  • “E-ticket” The six digit number unique allocated to each player and used to identify individual chances when entering the lottery.
  • “Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registerable or not in any country (including but not limited to Ireland and the United Kingdom);
  • “Lottery” means the lottery run and managed by Concern and player means any entrant to the lottery;
  • “Player” An individual who has purchased one or more entries to the lottery;
  • “Privacy Policy” means the policy which governs our collection and use of your personal data which can be found on the  Website at the following address: http://lottery.concern.net/privacy-policy/and is also available on written request at our registered address;
  • “Services” means any and all services and facilities (including Competitions and the facility to make direct Donations) which we may make available for your use through the Website;
  • “Third Party Content” means any material, information, data or other content which is owned or licensed by a third party (including but not limited to Concern);
  • “Turn it Into” Prize Multiplier Contestants will win a bonus prize equal to nine times their guaranteed base prize if ball number 10 is drawn as the bonus ball in the UK National Lottery Lotto game on the Relevant Date. In each Weekly “Turn it Into Prize” Multiplier there will be one €500 base winner.
  • The dates of each draw comprising the Multiplier and their respective Relevant Dates are displayed  in the rules;
  • “Website” means the website hosted by Capen Limited and located at URL (http://lottery.concern.net/);
  • “Winner” a player who wins a prize in the lottery draw or competition;

 

3) Registration

You do not need to register to view the Website, however, in order to use the Services you must register with us by completing the online registration (payment) form on the Website.

You acknowledge and agree that your application to register is subject to certain minimum requirements which are set out on the Website. The registration of all applications is subject to verification by us and we reserve the right to reject an application in our reasonable discretion without giving reasons.

4) Services

If you have any questions or concerns about the Website and/or Services then you should direct  them to us via email at support@capen.co.uk or by post to B55, The Ugli Building, 56 Wood Land,W12 7SB.

We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of the Services or the Website or any related content or your access to the same with reasonable discretion. Any modifications or additions to the Services or the Website shall be subject to these  Terms.

The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content.  All such  Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or otherwise of such Content. We make no  representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from THE CONCERN LOTTERY and that we have no control over them.

5) The Rules

  • Draws will be held on the first working day of each month.
  • Entries will close at 23:59 on the last day of the month.
  • Winners are announced on a monthly basis on the website  http://lottery.concern.net/
  • A player can purchase an e-ticket in the Lottery for €3 and all players acknowledge that their payment of €3 per chance to win does not guarantee that they will win any prize.
  • Prizes:
    • A €500 monthly prize and the chance to “turn it into” €5,000, the holder of the Winning Ticket(s) will win the top prize of €500 and be given a chance to win an additional €4500 bonus prize (up to a maximum prize pay-out of €5,000 to any winner) if, the bonus ball of the UK National Lottery Draw the following Saturday is 10. It is warranted that the odds of a bonus prize being won in each monthly draw are 1 in 49.”
    • The Concern lottery top prize offer of €5,000 is insured, to keep costs at a minimum. In addition, when a bonus prize is featured, where possible this is sponsored/ donated by a corporate partner and will be stated as such.
  • At each Draw the winners will be selected at random with the aid of a random number generator.
  • In the event that any Game Draw is interrupted due to equipment failure or for any other reason the Draw will take place as soon as reasonably practicable thereafter.

THE CONCERN LOTTERY reserves the right to amend the prize pay-out at any time. Where a change occurs the new prize levels will be published on the THE CONCERN LOTTERY website at least 30 days prior to the change.

By accepting a prize, the winner may at their discretion take part in promotional activity and where this is granted The Concern Lottery will use the name and address of the winner, and their photograph, in any publicity.

All participants are solely responsible for providing and (where necessary) updating THE CONCERN LOTTERY with their accurate and up-to-date contact details and THE CONCERN LOTTERY will be in no way responsible for any failure or inability to contact any participant due to any errors, omissions or inaccuracies in the contact details that the participant has provided.

6) Payment and Entry

  • Payments for e-tickets can only be made by Players in advance of the draw by direct debit or by debit or credit card when signing up via the website.
  • Full payment for each e-ticket must be received in cleared funds at least 24 hours before the draw time for the e-ticket to be entered into the draw. Only e-tickets for which full cleared payment has been received are eligible to win a prize.
  • Direct Debit payments are taken one month in advance, and take a minimum of 14 days to process;
  • You will be entered into the first available draw after the collection has been made from your bank account. You will be notified of your first draw date by email.
  • Any dispute on e-ticket payment shall be resolved by reference to the payment details from an official statement from the bank or building society or card operator from which payments were taken.
  • All Lottery entry sales are final and no refunds shall be made at any time.
  • Subscription customers will be billed at their chosen frequency. Customers using repeat payment via credit or debit card can cancel at any time by contacting support@capen.co.uk or by contacting their card issuer directly.
  • When you purchase a ticket/s Capen Ltd is the merchant of record. Your bank statement will record your transaction as;
    Capen Ltd info.capen.co.uk
    If you have any queries regarding your tickets please email support@capen.co.uk or telephone 0203 096 6265.

 

7) Winners

  • The winners of the Lottery prizes will be notified by phone or email and with their permission, named on our website.
  • Winnings will be paid directly by cheque or bank transfer.
  • Players must conform to the terms and conditions of entry. Winnings will be withheld if a player is found not to have conformed to the lottery terms and conditions and their winnings added to the prize pot for the subsequent draw.
  • If any cash prize is unclaimed after reasonable attempts by THE CONCERN LOTTERY have been made to contact the winner, after a period of 6 months post the date of the relevant draw shall be declared void and shall be added to the prize pot for the subsequent draw.

 

8) Competitions

We may host and run Competitions from time to time.
Competitions hosted on the Website may be subject to separate terms and conditions relating to the Competitions which you must accept as a pre-condition of your Competition entry. These are accessible on the website and you must accept as a pre-condition of your Competition entry.

9) Changes To Member Details

Changes can be made to your details as provided by you upon registration by emailing:

support@capen.co.uk

Any changes to Direct Debit mandates will require the completion of a new Direct Debit Instruction.

Please note that it takes a minimum of 14 days to set-up a new mandate. To maintain your lottery number(s) during this process please use a credit or debit card entry via your account for the period.

10) Privacy And Data Protection

You acknowledge that in order for us to provide the Services to you, we must collect certain personal data from you and process that data. Our collection and use of your personal data is governed by our Privacy Policy. PLEASE READ THE PRIVACY POLICY AS IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE COLLECT AND USE YOUR PERSONAL DATA. You expressly consent to our use of your personal data for the purposes set out in the Privacy Policy.

11) Liability

Concern shall accept no liability for;

  • any delays or failures in the postal service or other delivery methods used by THE CONCERN LOTTERY or the player;
  • any delays or failures in any software or other systems used by THE CONCERN LOTTERY for the administration of the Lottery;
  • any delays or failures in the banking system used by THE CONCERN LOTTERY or the player;
  • any refusal by THE CONCERN LOTTERY to accept an individual’s entry or the cancellation of an entry;
  • any event beyond the reasonable control of THE CONCERN LOTTERY, death or personal injury resulting from negligence;
  • any act of fraud;
  • we are responsible for losses you suffer as a result of us breaking this Agreement, if the losses are a direct and foreseeable consequence of us breaking the Agreement, provided that our liability is limited to the amounts which you have paid to us in the 12 month period preceding the date of our breach. Losses are foreseeable where they could be contemplated by you and us at the time you enter this Agreement. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us. By way of example, we cannot foresee that any breach by us will cause you (a) loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings;

 

12) Intellectual Property Rights

All Intellectual Property Rights in and to the Website and Services including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material comprising the Website and Services belongs to us or our licensors. All rights are reserved.

We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access and use the Website and Services for your personal, private and non-commercial use for such time as you are a registered user.

Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information comprising the Website or the Services including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly permitted to do so.

13) Security

  • You are solely responsible for protecting the confidentiality of any user name, email verification, password and/or PIN (collectively “Security Data”) which may be given to you in order for you to use the Website and/or Services.
  • You must not share Security Data with or transfer Security Data to any third party without our express consent.
  • You must immediately notify us if you know or suspect any unauthorised use of your Security Data or other breach of security relating to the Services.
  • We check our systems using up-to-date commercial antivirus software but these do not always detect and remove all viruses. No software (including ours) is error-free and although unlikely, it is possible that your use of our Services could unintentionally lead to the loss or corruption of your data. We cannot know or estimate the value to you of the data you hold on your computer and you are best able to assess and manage the risks of data loss and corruption having regard to your data and you can easily eliminate these risks by performing regular backups of your data. Except where we take responsibility for your personal data under our privacy policy, you agree that it is reasonable for you to assume the entire risk in relation to data loss and corruption.

 

14) Protection of customer funds

Capen holds all customer funds in a separate client account on behalf of the societies we act for and these funds are transferred to the society on a regular basis. All remote operators licensed by the Gambling Commission have an obligation to hold separate accounts for proceeds. This is to protect the player in the event of an insolvency incident.

15) Termination

We may terminate or suspend your access to the Website and/or Services at any time provided we will in such circumstances act with reasonable discretion. Provided you are not in breach of this Agreement, in the event of such termination the warranties we make in relation to the website and services are limited to these specific clauses from section 11 – We will accept all liability if something we do involves fraud or causes death or personal injury where we have been negligent. We shall operate the Competitions and provide the services with reasonable skill and care. If you breach these Terms or if you commence or have commenced against you any proceedings for bankruptcy or are otherwise unable to pay your debts then your permission to use the Services terminates immediately without the necessity of any notice being given to you.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the agreement between us for any reason.

16) Suspension or Termination of the Concern Lottery

Concern may (at its absolute discretion) suspend the Lottery for any period of time or terminate the Lottery. Following the suspension or termination, Concern or its agents shall:

  • Suspend or terminate, as appropriate, recurring credit and debit card payments or Direct Debit payments from your bank or building society account as soon as reasonably practicable, and;
  • Retain any amounts paid prior to the suspension or termination. The society will then advise THE CONCERN LOTTERY with regard to these deposits.
  • In the case of suspension, players will be notified in writing with details of the resumption of the lottery or otherwise as soon as reasonably practicable after the date of suspension.

 

17) Complaints Policy

We value your comments;

Your views are very important to us and we take any feedback we receive very seriously. If you are unhappy with any aspect of our work, we would like to hear about it. We appreciate the opportunity your comments give us to learn and improve.

Our definition of a complaint;

We define a complaint as an expression of dissatisfaction with the lottery, including the services we provide and/or the behaviour of any member of staff.

Our commitment to you;

  • We will, at all times, treat your complaints seriously.
  • We will treat you with courtesy and fairness in all of your dealings with us.
  • We will treat your complaints with sensitivity, discretion and understanding.

How to complain to THE CONCERN LOTTERY;

You can contact the complaints co-ordinator by email or in writing at the contact address supplied at the end of this section.

We are open during business hours from 9am to 5.00pm.

Our complaints co-ordinator will respond in writing within 3 working days of taking the complaint. We will tell the complainant of the outcome of our investigation within 30 days of receiving the complaint.

What if the complaint is not resolved?

Most of our complaints are dealt with effectively. However, if you remain dissatisfied with the response to your complaint then please addresses your complaint to the Managing Director. He will ensure that it is passed to Independent Betting Adjudication Service (IBAS) who will provide a final decision on the complaint.

The Independent Betting Adjudication Service (IBAS) acts as an impartial adjudicator on disputes that arise between lottery operators and their customers after they have been through the operator’s own internal dispute procedures and if a deadlock exists.

The IBAS Panel of betting experts apply their specialist knowledge to the facts and adjudicate by reference to the operator’s own terms and conditions but do not rule on complex legal issues. As well as offering effective dispute resolution procedures, IBAS also check that operators have complied with the standards set by the Gambling Commission and with the IBAS terms and conditions of registration.

IBAS rulings are binding on all parties, without prejudice to any legal proceedings that may be commenced subsequently. IBAS has the discretion to specify that either no further action is appropriate or to censure the society and prescribe one or more sanctions. www.ibas-uk.com

CONTACT ADDRESSES

The Concern Lottery

B55, The Ugli Campus

56 Wood Lane

London

W12 7SB

support@capen.co.uk

18) General

If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected.

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

Without limiting Section 11, we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of telecommunications data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators), acts of government or regulators nor for any consequential loss arising from such an event.

These Terms, together with the AUP, the Privacy Policy, relevant Competition terms, order form and payment method instructions (collectively the “Agreement”) constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by THE CONCERN LOTTERY or any other person and you irrevocably and unconditionally waive any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement. We may in our absolute discretion modify this Agreement from time to time and post the new version on the Website, following which all use of the Website and the Services shall be governed by the amended Agreement.

You are not permitted to assign this Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you.

All notices shall be given:

(a) to us via email at support@capen.co.uk or by post to our registered address as set out above; or

(b) to you at either the email or postal address you provide during the registration process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.

This Agreement is governed by and construed in accordance with English law. The parties submit to the non-exclusive jurisdiction of the English courts.

This Agreement replaces all other terms and conditions previously applicable to the use of the Website and the Services.