Terms and conditions
1. General service provisions
It is important that you read these terms and conditions (the “terms and conditions’’) carefully before participating in any betting and/or gaming services (the “services”) provided by goodwill gaming enterprises limited t/a Lucky Play (“Lucky Play”, “we”, “us”, “our”). references to “you” or ‘your”, refer to the customer. by engaging with the services, you confirm that you have read and understood these terms and conditions and that you agree to be bound by them, and you acknowledge that such agreement constitutes a binding contract between you and Lucky Play. if you do not agree to these terms and conditions, you will not be authorised to participate in the services. Lucky Play reserves the right, at its discretion, to review, revise or update these terms and conditions. you agree that you will periodically review these terms and conditions for revisions and updates. your continued use of our services after any amendments to these terms and conditions, constitutes your acceptance of the said amendments.
1.2 Variation of terms
Play reserves the right to revise, update, discontinue or otherwise modify any
aspects or features of the Services, including, without limitation:
availability of the Services, and equipment/platforms needed to access or use
of the Lucky Play betting and/or gaming system (the “System”).
1.3 Privacy and data protection
Lucky Play suggests that you review the Lucky Play Privacy and Data Protection Policy, which applies to the information collected, used and stored by Lucky Play during your use of the Services, to get a better understanding of Lucky Play’s policies and procedures. We may be required by law, to share your personal information with certain third parties, including the police, in order to aid any investigation, and comply with our obligations.
1.4 Electronic communication
Communications between Lucky Play and you may be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and Lucky Play electronically, shall satisfy any legal requirements that such communications be in writing including, but not limited to, the requirements of the Electronic Transactions Act of Jamaica, and any related current or future legislation or regulations. If, at any point, you do not wish to receive any further electronic communication from Lucky Play, an opportunity to “opt-out” of receiving further communication will be made available in each communication sent.
1.5 Intellectual property
- 1.5.1 - Our System, the Services and promotional material contains copyright material, trade marks, and other proprietary information, including, without limitation: text, software, logos, photos, graphics (the “Content”). The Content, as well as the organisation, layout, arrangement and design elements of the relevant material are the property of Lucky Play and/or its affiliates and are protected under the Copyright Act and Trade Marks Act of Jamaica and other intellectual property laws which, from time to time, may become applicable.
- 1.5.2 - You are strictly prohibited from copying, publishing, displaying, transmitting, creating derivative works of, modifying, participating in the transfer or sale of, or otherwise exploiting any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permissible without the express written permission of Lucky Play and/or its affiliates. In the event of any permitted copying, redistribution, or publication of copyright material; there shall be attribution to the author of the Content, and any respective trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by printing our copyright material.
- 1.5.3 - Lucky Play offers you access to its facilities and Services solely for your own personal recreational purposes. Unless otherwise agreed with Lucky Play, in writing, you may not resell or make any commercial use of the Services or the Content.
- 1.5.4 - You may not make unauthorised use of any of our listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorised manner. You may not engage in the practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from any of our System, in any manner or in any quantities not authorised by us. You are strictly prohibited from framing or utilising framing techniques to enclose any trade marks, logos, or other proprietary information (including images, text, page layout, or form) of Lucky Play and/or its affiliates, without our prior express written consent. You may not use meta tags or any other “hidden text” utilising the Luck Play name or trade marks, without the express written consent of Lucky Play.
- 1.5.5 - Systematic retrieval of the Content or other data from any of the System to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Lucky Play is strictly prohibited.
- 1.5.6 - You are prohibited from using the System in any manner that could damage, disable, overload, or otherwise impair it. Further, you are prohibited from using the System in any manner that could interfere with any other person’s use and enjoyment of the System.
- 1.6.1 - In no event will Lucky Play, or any person or entity involved in creating, producing, or distributing our services be liable in contract, in tort (including for its own negligence, unless prohibited under any applicable law) or under any other legal theory (including strict liability) for any damages, including, without limitation: direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use our services. you hereby acknowledge that the provisions of this section shall apply to all use of and content of our services.
- 1.6.2 - In no event shall Lucky Play’s total liability to you for any damages, loss, and causes of action, whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the potential win amount in respect of the relevant wager.
1.7 Legal Status
- 1.7.1 - These Terms and Conditions constitute a binding enforceable contract between Lucky Play and its customers in respect of the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- 1.7.2 - These Terms and Conditions shall be construed in accordance with the laws of Jamaica and it is agreed that any action related to these Terms and Conditions must be brought in the Jamaican Courts.
- 1.7.3 - If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions hereof and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- 1.7.4 - No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- 1.7.5 - The section headings used herein are for convenience only and shall not be given any legal import.
2. General Betting Provisions
Not applicable to lottery customers
2.1 Betting Rules
All bets are accepted strictly in accordance with the Lucky Play betting rules (the “Rules”), and your participation in the Services confirms that you acknowledge and agree to be bound by the Rules.
- 2.2.1 - In order to open a Lucky Play Player Account, customers MUST visit a physical Lucky Play location. All applicants must be eighteen (18) years or older and have the requisite legal capacity to place a bet. Registration requires a valid government issued identification, information
on full name, date of birth, email, type of identification and ID number, phone
number, permanent address and parish of the customer. Lucky Play reserves the right to investigate and verify any customer registration and the customer agrees to submit all necessary documentation requested by Lucky Play in this regard.
- 2.2.2 - If personal information provided to Lucky Play by a customer is incorrect, Lucky Play reserves the right to void all bets made by the customer and withhold any winnings until the inconsistency is settled to Lucky Play’s reasonable satisfaction. The customer is responsible for maintaining and updating registered personal information (e-mail, address, phone number, etc.).
- 2.2.3 - Where an account has been created, this account is for the use of the customer only, and the customer acknowledges that he/she will not allow any other person to access or use his/her account. The customer further acknowledges that all tops up made to the account are for his/her gaming use only. Third party funding of player accounts is strictly prohibited.
- 2.2.4 - Customers who already have an account with Lucky Play are prohibited from registering further accounts. If Lucky Play detects a connection between user accounts, we will assume the existence of multiple records, and this will be considered as a breach of these Terms and Conditions. In such cases, and subject to appropriate notification, to all relevant parties, Lucky Play reserves the right to cancel any bets that have been made by the relevant customer, void any prize, and invalidate any bonus earned.
- 2.2.5 - Upon enrollment, a customer will be required to, at all times, maintain a stated minimum balance in his/her account.
- 2.2.6 - A customer will be required to select a monetary account limit when creating an account. The customer may also set further monetary limits and other exclusions by completing a Lucky Play Self-Imposed Limits Form or Self-Exclusion Form.
- 2.2.7 - Lucky Play will report any suspicious or apparent criminal activity to the appropriate authorities.
2.3 Basic rules
- 2.3.1 - Bets will only be accepted where there are sufficient funds in the customer’s account to cover the wager.
- 2.3.2 - The potential win amount will depend on the specific game and wager made.
- 2.3.3 - The customer must set the amount of each bet and will receive a confirmation of the bet once it is placed.
- 2.3.4 - A bet, once placed, cannot be cancelled or varied.
- 2.3.5 - Lucky Play will not be responsible for any tickets which are mislaid or mutilated, nor will Lucky Play be responsible for any tickets which are stolen or fraudulently reproduced due to the customer’s negligence.
- 2.3.6 - In the event of a listing error in available games, and subject to appropriate notification to the customer and any other relevant parties, all betting activity related to such listing will be void and wagers will be refunded.
- 2.3.7 - Bets may not be placed on games which have ended.
- 2.3.8 - Lucky Play reserves the absolute right, within our reasonable discretion, to set minimum and maximum wager amounts and these will be indicated by the betting system.
- 2.3.9 - Lucky Play reserves the absolute right, within our reasonable discretion, to limit betting the maximum bet for a particular game, as well as to limit or increase the maximum bet for specific customers.
- 2.3.10 - The customer may not authorise any other person to use his/her user account and Lucky Play reserves the right to terminate any account where such conduct is detected.
- 2.3.11 - Lucky Play reserves the right to refuse or cancel transactions caused by employee error or computer programmes (or other likely errors) and any other reason that causes erroneous bets, subject to fair and reasonable notification to the customer and any other relevant parties.
- 2.3.12 - A customer shall be responsible for any damage caused to Lucky Play by his/her intentionally taking advantage of any technical or administrative errors, where such activity is undertaken dishonestly and in bad faith.
- 2.3.13 - While Lucky Play endeavours to have its Services available without malfunction or delay, it does not guarantee that its Services will complete, accurate or accessible with interruption.
2.4 Refusal of bet
A bet may be refused at the reasonable discretion of Lucky Play, including, but not limited to where:
- a. There are insufficient funds in the customer’s account to cover the wager;
- b. The customer is in breach of these Terms of Conditions;
- c. There is reasonable suspicion that the customer is engaged in illicit, dishonest or fraudulent conduct;
- d. Where the person placing the bet is not believed to be the customer/account holder;
- e. Where a customer attempts to place a wager outside of the time limit imposed before any given draw.
3. Payouts and unclaimed funds
3.1 Over-counter bets
- 3.1.1 - Customers holding winning over-the-counter tickets for lottery can redeem those tickets by either going to a Lucky Play location or an agent location. All winning tickets will be paid in full at redemption. A playslip does not constitute evidence of numbers selected or a winning ticket. Payment will be in the form of cash unless other forms of payments are required by local legislation.
- 3.1.2 - Tickets must be validated and redeemed within ninety (90) days of purchase otherwise the ticket is deemed invalid.
- 3.1.3 - Tickets where the bar code cannot be read will be deemed invalid.
- 3.1.4 - The payout restrictions are identified below:
- a. Prizes up to J$49,999.00 may be claimed at an authorised Agent, a Lucky Play owned and operated location, or the Head Office located at 19 Trinidad Terrace, Kingston 5, Jamaica.
- b. Prizes up to J$299,999.00 can be claimed at a Lucky Play owned and operated regional location, or the Head Office located at 19 Trinidad Terrace, Kingston 5, Jamaica.
- c. Prizes of J$300,000.00 up to J$999,999.00 can be claimed at the Head Office located at 19 Trinidad Terrace, Kingston 5, Jamaica.
- d. Prizes of J$1,000,000.00 or over will be paid to the customer via cheque or bank transfer.
- 3.1.5 - Any taxes payable on winning will be collected from the customer at source and paid to the relevant authorities
3.2 Unclaimed winning tickets
- 3.2.1 - The particulars of all over-the-counter tickets purchased at a Lucky Play location, or through an agent, are stored in our system and each ticket is given a unique identifying number. Ticket details, inclusive of the unique identifying numbers, are stored indefinitely and can be recalled at any time. The System automatically identifies when a purchased ticket becomes a winning ticket, that ticket is then placed on a winning ticket listing. A ticket is valid for a specified period of ninety (90) days from the purchase date.
- 3.2.2 - Once a winning ticket has been redeemed the system automatically removes it from the winning ticket listing. Winning tickets which have not been redeemed within the ninety (90) day period indicated above are automatically placed on the unclaimed ticket listing.
4. Closure of account
4.1 - A customer may close his/her account at any time by making a request in writing, by email or post, setting out the account details and request for closure. Lucky Play will confirm to the customer when the account has been closed and will return any sums of account (less any sums owed to us) to the customer.
4.2 - As stated above, Lucky Play may, in our reasonable discretion, close a customer’s account where there has been a breach of these terms and conditions, or Lucky Play reasonably suspects that such breach has occurred.
5. Force majeure
Lucky Play shall not be responsible for any event outside of our control, including, but not limited to, war, riots, civil unrest, terrorism, fire, storm, flood, plague, pandemic, computer or telecommunication network malfunctions or failures, failures of our, or third party software and hardware, or changes in laws or regulations.