1. Introduction

Our privacy and data protection policy (the “Policy”) describes how we collect, store and use the information provided to us by our customers. This page is used to inform visitors to our website, www.luckyplay.com, of the policy and how we treat with our customers’ personal data.

It is important that you understand what information we gather and store, and how we use this information. It is also important that you understand your rights in relation to the information we collect, store and use.

Your use of our betting and or gaming services (the “Services”) constitutes acceptance of the policy.

Key terms

“Data controller” means any—

1. person or
2. public authority,

who, either alone or jointly or in common with other persons determines the purposes for which and the manner in which any personal data are, or are to be, processed, and where personal data are processed only for purposes for which they are required under any enactment to be processed, the person on whom the obligation to process the personal data is imposed by or under that enactment is for the purposes of this Act a data controller.

“Data subject” means a named or otherwise identifiable individual who is the subject of personal data, and in determining whether an individual is identifiable account shall be taken of all means used or reasonably likely to be used by the data controller or any other person to identify the individual, such as reference to an identification number or other identifying characteristics (whether physical, social or otherwise) which are reasonably likely to lead to the identification of the individual.

“Minor” in relation to an individual means an individual under the age of eighteen years

“Personal data”—

means information (however stored) relating to—

(a) a living individual or

(b) an individual who has been deceased for less than thirty years, who can be identified from that information alone or from that information and other information in the possession of, or likely to come into the possession of, the data controller and includes any expression of opinion about that individual and any indication of the intentions of the data controller or any other person in respect of that individual.

3. Records and identification of users

In order to exclude minors from our Services, and for greater protection against manipulation of bets, fraud, cheating or money laundering, as well as to verify the payouts, it is required that the users complete a player account opening form, with the information requested therein, which may request personal data. Once the user has completed the form, and we have collected that information, for the purposes of the policy, we have become the data controller and the user has become a data subject.

4. Use of information

4.1 As stated above, during the registration process, we will ask for your personal information, which may include Personal Data. By accepting our term and conditions, you consent to us verifying the accuracy of this information. These checks will be done only to confirm your identity. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.

4.2 For a better experience while using our Services, we may require you to provide us with certain Personal Data, including but not limited to, your name, phone number, email, tax registration number (TRN), address and social media handles. The information that we collect will be used to identify and contact you.

5. Security of personal data

Lucky play has implemented an information security programme that contains administrative, technical and physical controls that are designed to reasonably safeguard our customer’s Personal Data. We also use industry-standard encryption technology to secure our clients Personal Data and financial data.

6. Accessing and changing personal data and account permissions

6.1 keeping your personal data current helps ensure that we and our affiliates, provide you with the offers that are most relevant to you. we recommend that you access your account periodically, to ensure that the information we have for you is correct.

6.2 you can update your personal data on record with us, or your account permissions, at any time, by using the appropriate update function on our system or by telephoning us or emailing us.

6.3 we will retain your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. if you wish to cancel your account or request that we no longer use your personal data, you may contact us to advise us of same. we will retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements

7. Rights of a data subject

our customers, as data subjects will have certain rights under the relevant data protection legislation, including but not limited to, the right to be informed, by us, of the personal data we have collected for a particular customer, the purpose for which the personal data are being processed, and to whom the personal data are, or may disclosed. you will also have the right to request that we, in reasonable circumstances, cease processing of your personal data, or, that we do not begin processing. you may also request that we rectify any inaccuracies in any personal data.

8. Disclosure of personal data

While all personal data provided by you will be treated securely, in accordance with relevant data protection laws, we may be required to disclose your dersonal data. This disclosure may be required in the interest of national security, for the prevention detection or investigation of crime, for the apprehension or prosecution of offenders, or for the assessment or collection of any tax or duty or of any imposition of a similar nature.

9. Miscellaneous

9.1 - Log Data

Whenever you visit our website to access our Services, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

9.2 - Cookie Policy

Cookies are files with small amount of data that are commonly used as an anonymous unique identifier. These are sent to your browser from the websites that you visit, and are stored on your computer’s hard drive.

Our website uses cookies to collection information and to improve our Services. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our website.

9.3 - Service Providers

We may employ third-party companies and individuals for the following reasons:

• To facilitate our website;
• To provide our website on our behalf;
• To perform website-related services; or
• To assist us in analysing how our website is used.

Please note that these third parties may have access to your Personal Data in order to perform the tasks assigned to them on our behalf. They are however, obligated not to disclose or use this personal Data for any other purpose.

9.4 - Links to Other Sites

Our website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Please note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

10. Changes To This Policy

We may update the policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new privacy and data protection policy on this page. Any changes will be immediately applicable, after they are posted on this page.

1. General service provisions

1.1 Introduction

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

Lucky 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 Liability

• 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

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 Enrolment

• 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. Though not mandatory, Lucky Play invites customers to participate in the offers provided by our online information site, which can be accessed once the account opening at a physical location is completed. Registration may also be initiated via our online information site, and the customer must completely and correctly complete the pre-registration form, which will involve uploading a valid government issued identification, and will request information on full name, date and place of birth, email, type of identification and number, tax registration number (TRN), phone number, permanent address, source of funds, occupation, and social media handles of the customer. After pre-registration on the online information site, registration must be completed at a physical location. If a customer does not attend at a physical location, the registration will remain incomplete. The online information site will also request that a customer select a username and password, and secret question and answer. 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 enrolment, 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.

3.3 Payout- accounts

• 3.3.1 - Winnings on the registered accounts are automatically credited to the account balance. Customers wishing to withdraw winnings from their account must physically go into a Lucky Play location. The relevant Lucky Play representative will request that the customer provide their player information and enter their unique Personal Identification Number. The customer must indicate to the Lucky Play representative the amount they wish to withdraw.
• 3.3.2 - Customer will be allowed to withdraw their total amount of winnings, if desired. Payment will be in the form of cash, unless other forms of payments are required by local legislation depending on the amount. Winnings of J$1,000,000.00 or over will be paid to the customer via cheque or bank transfer.
• 3.3.3 - Customers are advised keep their account details private and secure at all times.
• 3.3.4 - Any taxes payable on winnings will be collected from the customer at source and paid to the relevant authorities.

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.

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