Terms and Conditions of 886euro.com

Preamble

The 886euro.com unites playing participants to playing syndicates for the delivery of tips on the results of the drawings of the winning numbers for the lottery EuroMillions organized by the Austrian State Lottery and obtains afterwards the tips of the playing syndicate to the GMW Ltd., England and EWS Ltd., Austria, known in this document as: "GMW/EWS".

GMW/EWS receives the tips in the context of the respective secondary lotteries organized by it, or the respective State Lottery. Winning is defined when a playing syndicate chooses the numbers of the respective drawing of the tips delivered. In the meeting of EuroMillions, the respective common drawing of the Austrian State Lottery and their European partner lotteries are correctly picked. 886euro.com performs GMW/EWS billing and other administrative processing on behalf of the playing syndicate. For this purpose a playing contract exists between 886euro.com and the playing syndicate. The playing contract exists through the agency by 886euro.com directly between the playing syndicate and GMW/EWS. For the completion of the playing contract 886euro.com transfers the playing stakes for the playing syndicate to GMW/EWS.

The terms and conditions of the 886euro.com for playing syndicates regulate the legal relations between 886euro.com and the syndicate players, between the syndicate players among themselves, and between the playing syndicates and GMW/EWS, and are applied as follows:

1. Participation in a Playing Syndicate

1.1 Registration

A condition for the participation in a playing syndicate is the previous registration of the player. A multiple registration by a player is inadmissible.

1.2 Minimum Age

Persons under 18 years are excluded from participation.

1.3 Country Exclusions

Persons with a domicile in the USA or persons, who are at the time of the tip-submission residing in Germany, are excluded from participation.

1.4 Special Offers/Conditions

Special offers and conditions made by 886euro.com are valid only for one registration. 886euro.com reserves the right to cancel any special offer or condition at any time for any reason.

A free tip is a special offer for new customers on the results of the drawing of the 1st class winning numbers for the lottery EuroMillions. A multiple registraton by a player is inadmissible. The maximum winning is 1 Million €.

2. Establishment of Playing Syndicates

2.1 Agency of 886euro

By submission of a tip the syndicate participant authorizes 886euro.com to act in his name with other syndicate players to represent him in drawing up the Articles of Association for the establishment, management, and closure of a playing syndicate.

2.2 Purpose of a Playing Syndicate

The exact contents and/or purpose of the playing syndicate, in particular the number and kind of tips which can be delivered by the playing syndicate, the time, the duration of the playing syndicates and the respective share of the individual syndicate player, are to be established by the agent.

2.3 Scope of the Agency

886euro.com is authorized by the syndicate participant to take all business and management actions, for the operation, management, and dissolution of the syndicate. In particular 886euro.com is also the recipient for the declarations of intent of the other members of the playing syndicate. If not all portions of a playing syndicate can be assigned to syndicate players, 886euro.com is justified to take part in this playing syndicate in order to ensure the total completion of the playing syndicate. 886euro.com is subjected to the same rules in this case as the syndicate players.

2.4 Duration of a Playing Syndicate

A monthly playing syndicate is created, as far as nothing else was agreed upon, for tips on EuroMillions, which fall into the selected play period (e.g. calendar month, or specified draw date). In addition, a playing syndicate can be created for a clearly shorter period, about one calendar week or only for one drawing. The details result from the product descriptions.

3. Agency Contract

3.1 Tender of the Syndicate Player

The legal basis of the establishment of the playing syndicate is an agency contract with 886euro.com. By submission of the filled-in playing syndicate order the syndicate player. 886euro.com makes an offer to conclude an agency contract. The subject of the actual agency contract depends upon a concrete request - the submission of the tips of the playing syndicate, the transfer of the tips to GMW/EWS and the other aforementioned services i.e. (notification of winning etc.). The syndicate player is obliged through the agency contract to pay for those products and services contracted for.

3.2 Acceptance by 886euro

If 886euro.com accepts an agency contract made by the syndicate player with the submission of tips, then it communicates this to the syndicate player by forwarding of an email, in which the relevant contract data are contained.

4. Completion of Play

4.1 Management of Playing Syndicates

886euro.com, establishes the playing syndicates, manages the submitted numbers, manages the names of the syndicate players, performs billing and transfers the information to GMW/EWS. The possibility that the syndicate player may choose or request to belong to a specific playing syndicate is not allowed. If individual tips are an allowed feature in the playing syndicate, 886euro.com can grant the syndicate player the possibility to the select the playing rows for the playing period himself.

4.2 Non-acceptance

If 886euro.com does not accept a person for membership in a playing syndicate the person will be notified by email. In this case the playing stakes and the handling charges are refunded.

5. Winnings

5.1 Processing of Winnings

With acceptance of the delivered tips by GMW/EWS the playing syndicate acquires the full distribution rights to any winnings. The total winnings of one play period are distributed 100% by the syndicate players in accordance to their proportions of membership in the playing syndicate. When there are more than one winning tips per a prize division, the winning sum is calculated based upon the winnings for the EuroMillions, and the number of winners in each class. This sum is then divided equally between the winners of that respective class.

5.2 Calculation of Winnings

At the dissolution of each playing syndicate, the syndicate player can access the syndicate players account on the 886euro.com website. The website will display the winnings of the syndicate player relevant to each drawing the syndicate player participated in. This record is considered as accepted if it is not contested in writing within two weeks of issue. The syndicate player may contest this payout in writing by email. If no contention is received via email after 2 weeks then the results are considered accepted and all rights for further contention are forfeited. All winnings or special prizes will be calculated, then the daily value will be credited to the playing syndicate concerned. The syndicate player authorizes 886euro.com to convey to a trustee if necessary, assigned by 886euro.com, all data necessary for the processing of the winnings (names of the participants, contact data, profit data).

5.3 Liability for Debts

886euro.com will transfer winnings immediately to the virtual accounts. A syndicate player can use it then as assets for future pools. If a syndicate player wishes a disbursement, the respective amount will be disbursed to the syndicated player only after debts or a negative balance has been made good. This is known as the "debt-liability-clause". 886euro.com is justified to adjust and/or withhold winnings to correct negative account balances before disbursement is made (for example to correct charge-back costs). Amounts above 2.500 EUR are disbursed for safety reasons only upon receipt of a copy of an identification document (front and back side) and written indication of a bank and a bank account. In these cases the family name and date of birth must tally with the registered data. If a virtual account contains assets of over 256 EUR, 886euro.com will automatically disburse these funds to accounts specified by the syndicate player. The debt liability provisions will be applied prior to disbursement. The syndicate player can receive direct payments of sums under 256 EUR by request. The syndicate player has to bear the following charges for payments under 256 EUR: For priority payment 50 EUR; for a 2-week normal bank transfer: 25 Euro. The debt-liability-provisions also apply to these individual disbursement requests.

5.4 Transfer of Winnings

The syndicate player will receive the amount of syndicate player's winnings to any account specified by the syndicate player. These disbursements are also subject to the debt-liability-clause in 5.3 If the syndicate player has not already provided disbursement information, the syndicate player will be required to provide his bank's routing and bank account information for winnings disbursement. An obligation to examine the authorization of the owner of an account by GMW/EWS does not exist. Additional bank charges are assessed based upon the transfer method and routing selected by the syndicate player. These additional costs are borne by the syndicate player.

6. Information Service

886euro.com will inform the syndicate players at the beginning of every play period by email:
- The playing syndicate in which the syndicate player is involved, the numbers selected and will make public on it's website the winning numbers and total distribution of winnings per class for each drawing.

7. Payment Methods

7.1. Establishment of Virtual Accounts

886euro.com will establish for each syndicate player upon registration a virtual account, where deposits covering the costs and fees are made by the syndicate player prior to the submission of the lottery ticket to the lottery owners. The syndicate player must possess the means of covering the costs and fees for the lottery ticket purchased. No lottery ticket will be submitted until the ticket price has been paid. Partial or incomplete payment will invalidate the lottery ticket order.

7.2.1 Payment by Credit Card

7.2.1.1 Amounts which are paid by credit card are credited to the virtual account directly. Should it be required that these monies during the processing and purchasing of the lottery tickets must be transferred to another account, the amount will be debited from the virtual account and the syndicate player will be charged a 3% transfer fee of the transferred amount; the minimum transfer cost is 5 EUR.

7.2.1.2 Additional costs incurred by the syndicate player for credit card payments, such as chargebacks, cancellation, lack of sufficient credit, or stoppage of payment will be charged to the syndicate player at a rate of 35 EUR. The amount will be debited to the virtual account.

7.2.2 Payment by Debit Card

7.2.2.1 Amounts, which are paid by means of debit card, are credited to the virtual account directly. Should it be required that these monies during the processing and purchasing of the lottery tickets be transferred to another account, the amount will be debited to the virtual account and the syndicate player will be charged a 3% transfer fee of the transferred amount; the minimum transfer cost is 5 EUR.

7.2.2.2 Additional costs incurred by the syndicate player for debit card payments, such as chargebacks, insufficient funds in the debit card account, cancellation or stoppage of payment will be charged to the syndicate player at a rate of 35 EUR. The amount will be debited to the virtual account.

7.2.3 Payment by Net Banking Money Transfers

7.2.3.1 Amounts, which are paid by means of net banking money transfers are credited to the virtual account directly. These deposits are credited to the virtual account. Should it be required that these monies during the processing and purchasing of the lottery tickets be transferred to another account, the amount will be debited from the virtual account and the syndicate player will be charged a 3% transfer fee of the transferred amount; the minimum transfer cost is 5 EUR.

7.2.3.2 Additional costs incurred by the syndicate player for net banking money transfers, such as chargebacks, insufficient funds in the net banking account, cancellation or stoppage of payment will be charged to the syndicate player at a rate of 35 EUR. The amount will be debited to the virtual account.

7.3 Account Information Maintenance Responsibility

Every syndicate player is allowed to establish one virtual account. It is the responsibility of the syndicate player to maintain and care for the accuracy of the information in the virtual account.

7.4 Additional Charges and Fees

Additional charges and fees incurred by an action or inaction of the syndicate player that results in additional charges levied by either the credit card, debit card, or net banking bank shall be borne by the syndicate player. These costs incurred are a result of the syndicate player's personal action or inaction and will not be assumed by the processor, organizer or owner of the EuroMillions lottery. All sundry similar costs are borne by the syndicate player. The syndicate player must agree to the debt-liability-clause in 5.3, and the eventual extra charges made in 7.2.1 through 7.2.3. prior to play.

7.5 The Closing of the Virtual Account

All virtual accounts will be upheld current until at least two years after the date of the last stakes placed by the syndicate player. At which time the syndicate player will be notified that the account has been dormant for two years and will be closed therefore. The syndicate player will be notified per email that the lapse date is approaching. Two emails will be mailed to the virtual account holder. Upon receipt of verification that the account will be closed, any monies in remaining credited to the syndicate player will be paid out to the syndicate player. Debits incurred by the syndicate player must be settled before closure of the account. Payments and charges will be made to the payment institution recorded in the syndicate player's account. If the syndicate player has not answered the two emails informing the syndicate player of the account closure, the account will be closed and amounts are forfeited. Upon successful response the credited amount will be forwarded as per the syndicate player's instructions. In case the account shows a final negative balance the syndicate player has to settle this immediately by bank remittance. It is the responsibility of the syndicate player to ensure that contact data and the account data in the virtual account are current and actual. 886euro.com takes no responsibility in the contents of the syndicate player's account data.

8. Limitation of Liability

886euro.com is responsible for its legal representatives and its employees only for intent and gross negligence, when substantial contract obligations were violated. In case of a light violation of substantial contract obligations 886euro.com limits it´s liability to EUR 500,000,-. The liability is limited to direct damage. 886euro.com is not responsible for events arising from indirect damage, consequential loss or by force majeure.

9. Player Secrecy and Data Protection

9.1 Player Protection

Names, addresses and the participation of the syndicate players are subject to confidentiality. 886euro.com assures all syndicate players that the player’s identification is protected. In particular the publication of player names, addresses and the participation in the syndicate player´s will only be done with the players express written consent.

9.2. Data Protection

886euro.com considers naturally the relevant regulations for the protection of the personal data of the syndicate player. Every lottery participant agrees to the storage of his personal data. He can control this information at any time. With regard to the lottery participant's personal data, 886euro.com complies with the legal data protection regulations on the basis of the standard of the European Union. The data are treated with strict confidentiality. Only data which are required for the purpose of payment transactions are transferred to financial institutions.

886euro.com implements necessary and reasonable technical measures to prevent unauthorised third parties from gaining access to the lottery participant's data. In particular, communication between the lottery participant and the company is encrypted for the log-on and throughout the data exchange until log-off.

10. Acceptance of Terms and Conditions

The submission of a tip by the syndicate player is the acknowledgement that the syndicate player accepts and is subject to these Terms and Conditions. Any implied or inferred Terms or Conditions not specified in this document will not be considered valid.