Last Update: 6 March 2018
The Website allows You to purchase online tickets to enter a lotto draw based on the outcome of the German National 6aus49 Lottery and play Instant Win games. The Website is operated by Ofertas365 (Curaçao) N.V., a company incorporated in Curaçao under Company Number 143000 whose registered address is Dr. Hugenholtzweg z/n UTS Building, Willemstad, Curaçao.
Ofertas365 (Curaçao) N.V. operates under Curaçao eGaming license, number 1688/JAZ.
Ofertas365 (Curaçao) N.V. will remain fully liable for any acts of its employees, or any agent, branch to which activities may be outsourced.
Ofertas365 (Curaçao) N.V. is responsible for maintaining this Website, establishing and operating customers’ accounts, insuring jackpots and passing on prizes to winners in accordance with these Terms. It has contracted services from, (1) an Insurance Partner who provides jackpot insurance, is authorised and regulated by the Financial Conduct Authority in the UK and a member of Lloyds of London and the Financial Ombudsman Service, and (2) a platform provider who has a Remote Gambling Operators License from Jersey Gambling Commission.
2 General Provisions
4 About us and our Services
5 Your status
6 Opening Your Account
7 Bets and payments
8 The Draws
9 Prize categories
11 Non-payment of winnings
12 Funds held in Your Account
13 Suspension and termination
14 Website, links and banners
16 Complaints and dispute resolution
17 Miscellaneous provisions
1.1 What these Terms cover
These Terms inform You:
who we are;
how we will provide Services to You;
how You may use our Services;
how we may change or terminate the terms and conditions;
how we will use Your information; and
what to do if there is a problem and other important information.
1.2 How You accept these Terms
By using any section of the Website, by opening an Account with us or using our Service You accept and agree to be bound by these Terms.
1.3 How we may change these Terms
These Terms are published on the Website and may be changed from time to time. We reserve the right to make changes to these Terms at any time and You accept it is Your responsibility to check regularly the latest version and ensure that You are familiar with them. Your continued use of our Services will be deemed to constitute Your acceptance of any changes.
1.4 Changing content
We may, at our absolute discretion, change the content of the Website and/or the Services or elements of the Services on the Website at any time. Any such changes shall not affect any Services You have purchased prior to such changes coming into effect.
1.5 Compatibility with Your Devices
We give no guarantee or assurance that the Website will be compatible with any hardware or software used by You including Your Device.
In these Terms, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between these Terms and any document referenced herein, these Terms shall prevail. In the event that these Terms are translated into a language other than English, it is the English language version that shall take priority in the event of any ambiguity between the two versions.
In these Terms, unless stated otherwise, the words and expressions set out below shall have the following meanings:
“Account” shall mean the account You have with us that You use to access the Services;
“Bet” means any online ticket, containing a line of numbers or lines of numbers, purchased by You on the Website in relation to the Draws;
“Bonus” shall mean any complimentary amounts or bonus amounts credited by us into Your Account;
“Cut-off” shall mean one hour before the closing time for placing a Bet for a relevant Draw, which is Wednesday at 5.25pm Central European Time for Wednesday's Draw and Saturday at 6.25pm Central European Time for Saturday's Draw;
“Cut-off Period” shall mean a period of time between Cut-off and approximately 30 minutes after each Draw when no Bets can be placed. After the Cut-off Period has elapsed Bets can be placed for the next Draw;
“Devices” shall mean any device used by You to access the Services including but not limited to mobile phones, smartphones, desktop computers, tablets laptop computers and internet enabled televisions;
“Draw” shall mean the draw on the German National 6aus49 Lottery operated by Deutscher Lotto-und Totoblock (“DLTB”), which take place on Wednesday at 6.25pm Central European Time and Saturday at 7.25pm Central European Time each week;
"Insurance Partner" shall mean an insurance broker, authorised and regulated by the Financial Conduct Authority in the UK and a member of Lloyds of London and the Financial Ombudsman Service, contracted to provide insurance for Large Winnings;
“IWG” shall mean Instant Win Games offered on the Website from time to time;
"Large Winnings" shall mean the prizes won for correctly picking 6 or 6+1 numbers in any Draw or winning ₦5,000,000 or more on IWG;
“Player” shall mean a user of the Services who has opened up an Account;
“Services” shall mean the provision by us of entering a Draw by purchasing an online ticket and of playing IWG on the Website after opening an Account;
"Small Winnings" shall mean the prizes won for correctly picking 2,3,4 or 5 numbers in any Draw or winnings of less than ₦5,000,000 on IWG;
“We” or “us” or “our” shall mean Ofertas365 (Curaçao) N.V.;
“Website" shall mean this website and/or any other website we may use to provide the Services;
“Winnings” shall mean any money won from an online ticket purchased on Draws and/or from IWG, which have been won in accordance with these Terms.
4.1 We offer betting services
When You use our Services You are entering into a contract with us. It is important to note that we are not connected or affiliated to the German National 6aus49 Lottery and that You are not buying a ticket to enter that lottery.
4.2 In relation to Draws
We provide a betting service whereby You are betting on matching the numbers of the balls of the German National 6aus49 Lottery. Prizes for correctly picking 2, 3, 4, 5 and 6 numbers plus the 6+1 jackpot in any Draw are shown on this Website. To payout prizes for 6 and 6+1 correct numbers we have contracted insurance to cover our risk in the event that You may win prizes in these two categories.
4.3 In relation to IWG
We provide a range of IWG, which You can play for free without an Account or to win money only once You have opened an Account. Prizes are shown on each IWG. To payout prizes greater than ₦5,000,000 we have contracted insurance to cover our risk in the event that You may win.
4.4 Where we are incorporated
Ofertas365 (Curaçao) N.V. is incorporated in Curaçao and its parent company, Ofertas365 Limited is incorporated in the United Kingdom.
4.5 Who regulates us
Ofertas365 (Curaçao) N.V. is licensed and regulated by Curaçao eGaming Authority, the Gambling Supervision authority of the Government of Curaçao.
5.1 Representations by You
By opening an Account and/or using the Services, You represent and warrant that:
5.1.1 You are legally capable of entering into binding contracts;
5.1.2 You are at least 18 years old or such minimum age as applies in Your jurisdiction of residence;
5.1.3 You are not a resident in any country or territory in which You are not permitted to use our Services - it is Your responsibility alone to ensure that You comply completely with the prevailing laws, rules and regulations of the jurisdiction where You are a national and/or resident and to which You are subject.
5.2 Proof of age
We reserve the right to ask for proof of age from You at any time. In the event that we discover You are under 18 or under the legal age for gambling in the jurisdiction You are resident or from where You placed a Bet or played an IWG, Your Bet will be voided, any pending IWG cancelled, Your deposit returned to You and Your Account closed forthwith. We reserve the right to report You and/or Your activity with us to the relevant authorities.
5.3 Proof of identity and residence
We reserve the right to request proof of identity and residence from You at any time, as well as other documents we reasonably require to satisfy anti-money laundering obligations that apply to us.
6.1 You need to provide accurate details
You must ensure that the details You provide when opening Your Account are accurate and kept up to date. You can access Your own individual account information on the Website and amend such information from time to time. We do not accept responsibility for any consequences that might arise resulting from acting on the basis of information You have provided which may have changed but has not been updated or otherwise informed to us.
6.2 Account Security
When You open, Your Account, You must provide a valid email address (amongst others) and choose a password. It is Your responsibility to ensure these details are secure and private. Any Bets placed from Your Account, where the correct security information has been provided, are deemed by us to be valid and will be Your sole responsibility. If you wish to open more than one account, each account must have a separate email address and password. If another person accesses Your Account, You are solely responsible for all their actions, whether or not their access was authorised by You and You hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to Your Account by any third party. If You lose, or forget, Your username and/or password, or if You believe that a third party is aware of them, You should contact us immediately so we can email You new security details.
7.1 How You pay for Bets
You may deposit funds into Your Account, which may only be used to place Bets with us on Draws or play IWG. Funds can be deposited using various methods set out on the Website, such as Credit/Debit Card, e-wallet or Voucher. We may accept other payment methods from time to time at our sole discretion in line with local regulation.
7.2 Minimum Deposit
Funding Your Account is subject to a minimum deposit, which is shown on the Website. We do not charge any fees for deposits made by Credit/Debit Card, e-wallet or Voucher, however please be aware that some Credit/Debit Card issuers consider betting transactions as ‘cash’ payments and therefore may charge You a cash advance fee. Please check with Your Credit/Debit Card issuer for further details. If you open more than one account, each account must be funded subject to the minimum deposit before you can place bets from that account.
7.3 How we deal with chargebacks
You hereby agree that no chargebacks or other cancellation of Bets will be made relating to Your Account without our consent. In the event of any of the foregoing occurring, You agree to refund and compensate us for any losses, including any expenses incurred by us in the process of recovering such amounts. In the event that You cancel Bets or IWG by way of chargeback or otherwise, any and all Winnings connected to that Bet will be void and will not be paid to You by us.
7.4 How we manage Bonuses
In the event we decide to offer a Bonus, the terms relating to such Bonus shall be set out on the Website and must be accepted by You if You wish to participate in such Bonus.
8.1 How to participate in a Draw
You may enter a Draw before the Cut-off by placing a single Bet or multiple Bets on the Website. Once the Cut-off Period has elapsed you can place new Bets on the next available Draw.
8.2 Entering a Draw
To participate in a Draw, You choose Your own numbers either manually or by using Lucky Dip. We will send a confirmation of Your Bet once it has been placed, which You can view in the 'My Account' page on the Website. You can check the status of Your entries - past and present - at any time in 'My Account'.
8.3 Multiple Draws
You are able to enter multiple Draws within a single Bet as long as You have sufficient funds in Your Account.
8.4 Only cleared funds may be used as Bets or to play IWG
You cannot place a Bet or play IWG until there are cleared funds in Your Account. Funds You deposit together with any Winnings due to You (collectively “Your Funds”) will be held in Your Account by us on Your behalf.
8.5 What happens with Your connection problems?
Any failure on Your part, including but not limited to network connection or computer problems, will not void the Bet. You can check Your own Bet history in 'My Account' to see how any Bet was determined. You should check that all Your Bets are entered into a specific Draw before the Draw takes place.
8.6 What happens with our system or hardware malfunctions?
Any system malfunction and/or hardware malfunction affecting us will void the Services affected by such and no winnings of any nature whatsoever will be due on such Draws and IWG taking place during the period of system/hardware malfunction.
9.1 What are the prizes and where are they displayed?
Prizes and jackpots are shown on the ‘How To Play' page and homepage on the Website. There are prizes for correctly picking 2, 3, 4, 5 and 6 numbers plus the 6+1 jackpot in any Draw. Prizes for IWG are displayed under each IWG.
9.2 How are Draw prizes shared if multiple correct numbers?
The prizes shown on the 'How To Play' page on the Website are shared equally amongst winners if more than one Player correctly picks 6+1 or 6 numbers. For picking 5, 4, 3 and 2 correct numbers, prizes are not shared; they are paid out as shown.
9.3 How do Draw rollovers work?
If the jackpot is not won either by a Player or by a player in the German National 6aus49 Lottery, there is a rollover resulting in an increase in the size of the jackpot for the next Draw. The jackpot starts at ₦1,000,000,000 and rolls over by approximately ₦100,000,000 until it reaches and maximum of ₦2,000,000,000.
10.1 How do You know if You have won
You may view Your Winnings in the 'My Account' page on the Website. In addition, we shall inform You by email or in other ways such as SMS text or Instant Message.
10.2 How we pay Small Winnings?
Small Winnings will be paid to You by crediting Your Account. This will normally be made instantaneously.
10.3 How we pay Large Winnings?
Large Winnings will be settled by us after making a claim with our Insurance Partner. Whilst we aim to credit Your Account as quickly as possible, settlement of Large Winnings may take up to 30 days to clear whilst the claim is verified and processed. You will need to provide photo identification and proof of address and any other documentary evidence as might be required by our Insurance Partner.
10.4 Deductions applied to Winnings
You are responsible for any local taxes or duties that might be due or incurred and You are responsible for reporting Your winnings and losses to the tax and/or other competent authorities in Your jurisdiction should this be required.
10.5 Checks we may make before making payments
To enable us to comply with anti-money laundering legislation and regulations, we may require information from You before crediting Your Account. We will not credit Your Account until we are in receipt of all information we require for anti-money laundering purposes.
10.6 What currency are payments are made in?
All Winnings are paid in the local currency.
10.7 What happens to unclaimed Winnings?
If Large Winnings have not been claimed within 180 days of the draw date, after attempting to notify You, they will be donated to one or more charities of our choice.
11.1 When Winnings are not paid?
We may void and shall be entitled not to pay any Winnings in respect of any Bet relating to a Draw:
11.1.1 placed after the Cut-off;
11.1.2 that is erroneously accepted on the Website after the Cut-off for the relevant Draw or in respect of a Draw that has already taken place at the time when the Bet is placed;
11.1.3 if we become aware of an error in relation to that Bet or Draw and we are not able to contact You to correct the error or confirm the Bet before the Cut-off;
11.1.4 placed by a Player who has provided false or misleading information as part of, or in connection with, his/her Account or otherwise in connection with the Website and/or Services;
11.1.5 placed by a Player who has been involved in any collusion or fraud-related activities in relation to the placing of the Bet or playing of the IWG, the operation of their Account or otherwise in connection with the Website and/or Services;
11.1.6 placed by a Player who was, at the time of placing the Bet or playing IWG:
11.1.6a less than 18 years old or otherwise underage in the relevant jurisdiction;
11.1.6b is located or has placed a bet in a jurisdiction in which it is not permitted to participate in remote betting of the nature contemplated; or
11.1.6c in breach of any material provision of these Terms & Conditions
11.2 What happens to void Draw Bets?
If any Draw Bet is voided in accordance with clauses 11.1.1, 11.1.2 or 11.1.3, we will offer You the option of placing any such Bet on the next relevant Draw or crediting Your Account with the sum of money representing such voided Bet. If any Bet is voided in accordance with clauses 11.1.6a or 11.1.6b, we will return Your Funds and close Your Account forthwith. If any Bet is otherwise voided by us in accordance with this clause 11, the relevant Bet shall be forfeited to us.
11.3 Disputes that affect our ability to pay Draw Large Winnings
As we are not a lottery, our ability to pay Large Winnings is dependent on our Insurance Partner honouring the terms of the policy we have contracted with them. In the event that a dispute arises with our Insurance Partner regarding their obligation to pay us, we may not be in a position to pass Winnings on to You. In such circumstances, our obligation to pay Winnings to You will be suspended whilst we undertake all reasonable endeavours to obtain funds to pay Winnings to You including, where necessary, commencing litigation, arbitration or other similar dispute resolution process against our Insurance Partner or any other relevant third party. The maximum period of time for any such suspension of our obligation to pay Winnings to You under this clause is three years (the “Suspension Period”). At the end of the Suspension Period, if we have been unable to secure funds to pay any Winnings due to You, we shall pay You Your Winnings up to a maximum of ₦100,000,000. Nothing in this clause shall prevent us entering into negotiations with You during the Suspension Period to reach an amicable settlement regarding payment of Your Winnings.
12.1 How funds in Your Account are held
Any funds which are in Your Account will be held by us for You in a segregated Bank account. However we are not a bank and no interest shall be paid on any funds in Your Account.
12.2 How funds in Your Account are held
You can only withdraw funds that constitute Winnings. Under no circumstances can You withdraw any Bonus in Your Account or any funds deposited by You for the purpose of making Bets or playing IWG. It is deemed that all funds deposited by You are made for the purpose of making Bets or playing IWG on the Website.
12.3 Minimum withdrawal amounts
You may claim Your Winnings by withdrawing monies from Your Account subject to a minimum payable to a Debit/Credit Card or e-wallet and another minimum payable to a Bank account. Both minimums are shown on the Website.
12.4 How to withdraw funds
You can only withdraw funds from Your Account by following instructions on the 'My Account' page of the Website. Bank and Payment Provider fees and charges may apply to withdrawals, a list of which can be found on the 'How To Withdraw' page on the Website. Whilst we make no charges for withdrawals any applicable third-party fees or charges will be deducted from the amount remitted.
12.5 Withdrawals from Your Account
Withdrawals will only be deposited into the same Credit/Debit Card or e-wallet used when funding Your Account. Any withdrawal made to Your Bank account must be to an account in Your name. We may, at our sole own discretion, allow You to withdraw to a payment method from which Your original deposit did not originate, which may be subject to additional security checks.
12.6 Refunds to incorrect details
We cannot refund withdrawals made to incorrect details in Your Account, which were made by You and not correctly updated or revised.
12.7 Mistaken and Erroneous payments
You shall immediately inform us in the event that any Winnings are paid to You in error and forthwith return such amounts to us in accordance with instructions that we provide You.
12.8 Inactive Accounts
Should Your Account be inactive for a period of 90 days, we reserve the right to close it. In this event, all funds held in Your Account will be subject to an Administration Fee equal to the balance in Your Account when the Account is closed. Prior to closing Your inactive Account, we shall use all reasonable means to contact You.
12.9 What happens to funds in the event of insolvency
Funds held on behalf of You do not form part of the assets of our company and in the event of insolvency are protected from any claims by creditors of our company.
13.1 Your termination rights
Should You wish to close Your Account for whatever reason, please note that You are only entitled to receive those amounts that relate to Winnings. All other sums shall be subject to an Administration Fee as set out in Clause 12.8 above.
13.2 Our suspension and termination rights
We may suspend Your access to the Services immediately and without prior notice:
13.2.1 if You have or We have reason to believe that You have provided false or misleading information as part of or in connection with Your Account or otherwise in connection with the Website and the Services available through it; is involved in any fraud-related activities; or is in breach of any other material provision of these Terms; or
13.2.2 any details of the Bank Account or Credit/Debit Card used to deposit money into Your Account were, or have become, incorrect or payment by Your Bank Account or Credit/Debit Card is contested or is reported as lost or stolen or becomes the subject of fraud; or
13.2.3 You have allowed a third party to place Bets and play IWG using Your Account.
13.2.4 if at our discretion (acting reasonably), we consider that Your conduct or actions or use of the Account compromises our position in any manner; and
13.2.5 if we cease to offer the Services.
13.3 Effect of suspension
13.3.1 in the event of our suspension, You will not be entitled to participate in Draws or IWG other than those Draws or IWG in relation to which You have placed Bets prior to the suspension.
14.1 Changes to Website
We reserve the right to make changes or corrections to, and to alter, suspend or discontinue any aspect of the Website or the Services from time to time. We are not responsible for any promotional links or advertising banners of third party advertisers appearing on the Website.
14.2 Misuse of Website
You must not misuse the Website by introducing viruses, Trojans, worms, or other material that is malicious or harmful. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect Your computer equipment, computer programs, mobile phone, data or other material due to Your use of the Website or any website linked to it.
14.3 Information on Website
Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on the Website or any part of it. The Website may contain typographical errors or other inaccuracies, or information that is out of date.
You are permitted to print and download extracts from this Website only for their personal reference, and only provided that:
14.4.1 no such documents or related graphics are modified or copied in any way;
14.4.2 no such graphics are used separately from accompanying text; and
14.4.3 our status (and that of any identified contributors) as the author of any such material is always acknowledged.
Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including, but not limited to, text, graphics, video, messages, code and/or software without our express prior written consent.
15.1 Limited warranties
We will endeavour to provide the Services using reasonable care and skill. Subject to clause 15.4, we make no further warranty, undertaking or representation, whether express or implied in relation to the Services provided by us to You and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
15.2 Avoidance of errors
We use reasonable endeavours to avoid any error in the odds provided but beyond this, no warranty or undertaking is given. We reserve the right to correct errors on the Website and/or in relation to the Services at any time.
15.3 No warranties
We make no warranty or undertaking that the Services will be uninterrupted, timely, secure or error-free. In the event of any system or communication error in relation to the provision of the Services or otherwise, we will not be liable to You as a result of any such errors and we reserve the right at our discretion to withhold the payment to You of any Winnings in such circumstances.
15.4 No exclusion of liability
Nothing in these Terms shall exclude or limit our liability: (a) for fraud; (b) for death or personal injury caused by our negligence; or (c) where it is not lawfully permitted to exclude or limit any such liability.
15.5 No representations
You acknowledge and agree that in accepting these Terms You 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) unless expressly set out in these Terms.
15.6 Our limited liability
Subject to clause 15.4 our entire and aggregate liability to You, whether under contract, tort, negligence or otherwise in connection with the Services provided by us to You is strictly limited to the lesser of the following:
15.6.1 the Bets made and IWG played by You with us in the 12 month period immediately preceding the event upon which such liability arose; or
15.6.2 the sum of ₦10,000,000.
15.7 No indirect or consequential losses
We accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable). We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill, loss of data, waste of management or office time, whether under contract, tort (including negligence) or otherwise. This clause does not affect Your statutory rights.
If You wish to raise a complaint, please contact us either by email or post. Our contact details are published on the Website as is a 'Complaints' page. We will endeavour to resolve any complaints or disagreements quickly and efficiently.
We will use reasonable endeavours to avoid any error in the information published on the Website, the acceptance of Bets, playing of IWG, registration or other action in respect of Accounts, notification of Prizes and Winnings or otherwise in respect of the operation of Bets, IWG, Account, the Services and the Website, and reserve the right to correct any errors, but beyond this no warranty is given. Where we become aware of an error affecting You in relation to a Bet prior to the relevant Cut-off for such Draw, we will use reasonable endeavours to inform You of the error and to offer You the choice of keeping the Bet or voiding the Bet. In the event that we cannot contact You the terms of clause 11 shall apply.
17.2 Written communications
When using the Website, You accept that communication with us will be mainly electronic. We will contact You by email, SMS text or Instant Message or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge and agree that all contracts, notices, information and other communications that we provide to You electronically comply with any legal or regulatory requirement that such communications be in writing.
All notices given by You to us must be sent to us by email, details of which are on the Website. We may give notice to You at either the email or the postal address You provided to us when opening Your Account, or in any of the ways specified in clause 17.2. Other than as noted in clause 13.2, notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email or a SMS text message or Instant Message is sent, or five days after the date of posting of any letter.
17.4 Transfer of rights
This contract is binding upon You and us and on our respective successors and assigns. You may not transfer, novate, assign, charge or otherwise dispose of this contract or these Terms, or any of Your rights or obligations arising under this contract or these Terms, without our prior written consent. We may transfer, novate, assign, charge, sub-contract or otherwise dispose of this contract or these Terms, or any of our rights or obligations thereunder, at any time.
17.5 Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract or these Terms that is caused by events beyond our reasonable control (“Force Majeure Event”). Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.5.1 strikes, lock-outs or other industrial action;
17.5.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, military and/or civil armed conflict, war (whether declared or not) or threat or preparation for war;
17.5.3 fire, explosion, storm, flood, hurricane, earthquake, subsidence, epidemic or any other natural disaster;
17.5.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.5.5 the postponement or cancellation of any Draw;
17.5.6 impossibility of the use of public or private telecommunications networks;
17.5.7 delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
17.5.8 the acts, decrees, legislation, regulations or restrictions of any government, government agency or regulator;
17.5.9 failure of any telecommunications system.
You are obliged to receive Large Winnings in a formal winnings ceremony, which will be open to the media of our choice. You may choose to remain anonymous at the ceremony. However, we reserve the right to publicise and promote details of Your Winnings, Your geographical location, nationality, age and work status (including the nature of Your work and job title). If You choose to remain anonymous we will pixelate Your features such that You cannot be identified from any images that we use.
If we fail, at any time during the term of this contract, to insist upon strict performance of any of Your obligations under this contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 17.3.
If any of these Terms or any provisions of this contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.9 Entire agreement
These Terms expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently).
17.10 Third party rights
Unless otherwise expressly stated within this contract, nothing within these Terms shall create or confer any rights or any other benefits or otherwise in favour of any person other than You and us.
17.11 No partnership or agency
Nothing in these Terms is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between You and us.
17.12 Governing Law
Each party irrevocably agrees, for the sole benefit of us that, subject as provided below, that this contract is made subject to English Law and the Courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of us to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.