LAST UPDATED ON 20 July 20
1.1. Golden Ticket: The ticket a Player receives (by making an Initial Guess and achieving a High Score in a pool of Players on a specific day the selected Game was conducted). This enables them to participate in the next round of a selected Game and make a Subsequent Guess. Please note that nothing in these Terms of Service shall confer ownership of any Lottery Ticket bought by us in our own capacity, to a Player.
1.2. Initial Guess: A random sequence of numbers chosen by the Player in a Game selected by the Player, on a specific day for a chance to win a Golden Ticket.
1.3. Subsequent Guess: A random sequence of numbers chosen by the Player in a Game selected by the Player on a specific day after winning a Golden Ticket. Please note that a Player becomes eligible to make a Subsequent Guess only after winning a Golden Ticket.
1.4. Games: The games a Player is playing through the Application and pursuant to the rules of the game.
1.5. High Score: The highest score attainable by a Player in a pool of other Players (the highest score compared to other Players in such pool). Which is calculated based on how close your chosen sequence of numbers in a Game selected by the Player on a specific day is to the Winning Number (refer the “Rules” page in the Application for more details).
1.6. Lottery Ticket: A lottery ticket bought by us from an Operator in our own capacity (such lottery ticket is owned by us) using the particular sequence of numbers from a Player’s Subsequent Guess.
1.7. Operator: means in respect of a lottery game, the official third-party lottery organiser that organises and manages that lottery game and draw.
1.8. Payment Instrument: means and includes but not limited to Credit Card, Debit Card, PayPal account, etc.
1.9. Player: means the user of Application who is participating in the games available in the Application.
1.10. Winnings: The amounts received by us through a Lottery (upon winning such Lottery). These amounts will be shared by us with a Player according to our Winnings Sharing Agreement.
1.11. Winning Number: A particular sequence of numbers acquired by us on a specific day for a specific Game, from an official third-party Operator of a lottery site and released by us through the Application based on which the High Score is calculated.
BESIDES THE DEFINITIONS CONTAINED IN THIS SECTION 1, THESE TERMS OF SERVICE CONTAINS DEFINITIONS THROUGHOUT THE DOCUMENT.
Thank you for choosing Golden Lotus Labs Limited, a company based in the United Kingdom (hereby referred to as “we”, “us”, “our”). These Terms Of Service (hereinafter referred to as the “Terms Of Service”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of our mobile application called Guess Lucky (hereinafter referred to as the “Application”) and the services as provided in Section 5 (the “Service(s)”).
We provide our Services to you the user (hereby referred to as “you”, “your”) through our Application. By accessing, using and registering an account through the Application, you agree with these Terms Of Service, Winnings Sharing Agreement and our Privacy Policy and any additional terms we may publish from time to time (“Additional Terms”) (These Terms Of Service, Privacy Policy and the Winnings Sharing Agreement are hereby collectively referred to as the “Agreement”). If you do not agree to this Agreement or the Additional Terms, please do not access or use our Application or the Services provided through our Application.
We reserve the right to amend and update the Agreement from time to time, such amendments to this Agreement shall be notified to you through means including (without limitation) the Application, e-mail or other appropriate means as may be decided by us. When we send out such amendment notification to you from our end, it shall constitute delivery irrespective to if you received, read or understood such notification or not.
By accessing and using our Application and the Services, you agree to such amended Agreement. We advise you to keep yourself updated with our Agreement.
You Hereby through this reference acknowledge and agree that this Agreement and any subsequent amendments to this Agreement shall constitute a legally binding agreement between you and us. Please read this Agreement thoroughly before using our Application and the Services.
The Term of this Agreement begins as soon as you access the Application and continues as long as you use the Application and the Services. By registering an account with us and accessing and using the Application and Services means that you’ve officially “signed” this Agreement.
4.1. Depending upon your choice of Game as provided in the Application, you will have to choose a particular sequence of numbers (the length of such numbers may be variable depending upon your choice of Game) by either scrolling through the numbers or using the shuffle function. If you achieve a High Score with respect to your selected numbers on a specific date, you will become entitled to a Golden Ticket and become eligible to enter into the next round of the Game in which you achieved the highest score. We will use the numbers you guess to purchase a Lottery Ticket on the national lottery website. If you win, we will reach out to you and disburse the amounts to which you become entitled in accordance with our Winnings Sharing Agreement. Please refer to the “How to Play” section of the Application to find out how to play the game in detail.
4.2. We are responsible for the operation and maintenance of the Application, maintaining the Players registration, and calculating the Winnings. The Winnings shall be calculated by us using certain formulas or systems as may be adopted by us from time to time.
4.3. You agree that we will be responsible for determining and disbursing the Winnings to which you shall become entitled to according to the Winnings Sharing Agreement.
4.4. The scores a Player receives through the Application are calculated based on the Winning Number. Please refer to the “Rules” page in the Application for more details.
4.5. If from a pool of Players, two or more Players achieve a High Score, we will choose a Player at random who will become entitled to receive a Golden Ticket. Similarly, if from a pool of Players, none of the Players are able to attain a High Score or achieve a score of zero, we shall choose a Player who will receive a Golden Ticket randomly.
4.6. We reserve the absolute right to refuse registration of any Player for the services to be provided through the Application at our sole discretion.
4.7. We do not promote the Operators, nor are we an agent, affiliate partner, etc. of any lottery.
4.8. Notwithstanding anything in these Terms Of Service, we shall only be responsible for any liabilities arising out of this Agreement pursuant to these Terms Of Service. The Operator shall not be held liable for any dispute arising out of any Game, all of which shall be pursuant to these Terms Of Service.
4.9. The Player:
By using our Application and/or services you warrant the following:
a. You are legally compliant to enter into binding contracts;
b. You are legally compliant to use the services provided through our Application;
c. You are not located in a jurisdiction where participating in the services provided through our Application is not prohibited and/ or would be considered an illegal activity;
d. You warrant that at all times while holding registration with us you shall comply with all applicable legislation in the jurisdiction in which you are located;
e. You have the legal right to use the personal information including but not limited to mobile number, payment details, etc. and that you have the legal authority to use, pay and accept payments through the payment method, payment instrument and payment details furnished to us;
f. You shall only register with us in your personal capacity, and for your personal use of the services through our Application, you shall not register on behalf of a third party.
g. You shall update and inform us of any changes in the personal information, payment detail, method or instrument, or any other relevant information (“Information”) furnished and/or saved during your registration with us;
h. You hereby discharge us from all liabilities which are likely to arise from your use of the Application and the Services which may include, (without limitations) (i) payment made by us to a wrong account specifically because of incorrect account information given to us by you; (ii) you not receiving notifications sent by us with respect to the Winnings due to any reason.
i. You at the time of using any of our services are not a director, officer, or employee (or their spouse or dependant) of Golden Lotus Labs Limited or of one of the Golden Lotus Labs Limited Group companies or a contractor or service provider or anyone who is deemed by Golden Lotus Labs Limited to be in a sensitive position.
We conduct Games which the registered users can play using our Application. The Games have the following characteristics:
a. Instructions on how to play the Games shall be detailed on the Application’s “How to play” section.
b. It is your responsibility to ensure that your Initial Guess and Subsequent Guess is correct before you submit it to us. Once you submit your Initial Guess and Subsequent Guess to us, it shall be final and can’t be altered.
c. We may refuse any of your Initial Guess and/or Subsequent Guess before its placement at our own discretion.
d. An Initial Guess and Subsequent Guess shall only be valid once it is accepted by our servers.
e. In case of a potential fraud or violation of this Agreement, we reserve the right to not accept or refuse the submitted Initial Guess and/or Subsequent Guess and may cancel the Golden Ticket, if won against such Subsequent Guess.
f. While making an Initial Guess for the Golden Ticket, you are only guessing the outcome of the Game, and you do not own any ticket relating to or against such Initial Guess.
g. In case we are unable to buy a Lottery Ticket using the sequence of numbers from a Player’s Subsequent Guess on or before the last date to buy such Lottery Ticket due to any reasons, we shall provide you with another Golden Ticket for the next date (the next date is provided through the Application automatically) of a Game. We shall not be held liable in any other way if we are unable to buy a Lottery Ticket under any circumstances.
h. Every Players Initial Guess is not guaranteed to yield him/her a Golden Ticket. Your Subsequent Guess against a Golden Ticket is not guaranteed to yield into a winning.
In the event we declare that you have achieved a High Score in a Game through your Initial Guess, we will provide you a Golden Ticket to play the next round of such Game in which you achieved the High Score.
You shall not be entitled to your share of the Winnings in the event you do not enter or, qualify to enter into the Winnings Sharing Agreement with us.
a. To play the Games available in the Application, you will need to register an account with us.
b. You shall provide us with true and complete documents that we may request, in order to verify and identify you.
c. We may request you for your personal information including but not limited to your name, contact details, age, etc. and details about your PayPal account, in order for us to transfer any amount of Winnings, in case you acquire and win against a Golden Ticket.
To provide you with the Services as mentioned in these Terms Of Service it is required that we collect your basic information which may include Your name, age, phone number, your location (“Personal data”). You agree that your Personal data is collected by us through your consent.
As a convenience to you, the Application may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources. You may see third-party advertisements on the Application in pursuance of our Privacy Policy.
You agree to defend, indemnify, and hold us harmless, including without limitation, our affiliates, licensors, and service providers, our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Application, including, any use of the Application’s content, services, and products other than as expressly authorised in this Agreement, or your use of any information obtained from the Application.
11.1 In using the Services through our Application, you may provide information (such as name, contact information, or other registration information) to us. We may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, to communicate separately with you, and/or transfer your share of the Winnings in a legally compliant manner.
11.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms Of Service and could be found here.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Application and the Services, including any downloads from the Application. We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence, or we have been advised of the possibility of those damages.
13.1 The Application contains Intellectual Property of Golden Lotus Labs Limited in the form of content, graphics, videos, audios, text and any other digital content (“Application Content”). This is an agreement for the use of Application, and you are not granted a license to any Application Content under these Terms of Service. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Application; (ii) remove any proprietary notices or labels from the Application Content; reproduce or copy the Application Content or any part thereof; (iii) modify, translate, or create derivative works based on the Application Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Application Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Application so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Application; or (vii) allow third parties to gain access to the Application or to Application Content in any manner other than as expressly permitted in these Terms of Service.
13.2 You acknowledge and agree that the Application, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Application, are the property of the Golden Lotus Labs Limited or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Golden Lotus Labs Limited. Your use of the Application confers no title or ownership in the Application or the Marks and is not a sale of any rights in the Application or the Marks. All ownership rights remain in Golden Lotus Labs Limited or its third-party suppliers, as the case may be.
13.3 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Golden Lotus Labs Limited and you hereby irrevocably transfer and assign to Golden Lotus Labs Limited such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
It is our policy to limit access to our Application and the Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything in our Application or the Services infringes any copyright that you own or control, please contact us using the information provided in Section 27.
14.1 THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES AND IS AT THE USER’S SOLE RISK. THE SERVICES AND ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
14.2 THE APPLICATION MAY FACE INTERRUPTIONS DUE TO TECHNICAL REASONS, AND WE MAY NEED TO TEMPORARILY SUSPEND THE APPLICATION. SUCH DOWNTIMES CAN BE EITHER SCHEDULED OR UNSCHEDULED WE MAY ALSO SUSPEND THE APPLICATION FOR CONDUCTING MAINTENANCE AND UPDATING THE APPLICATION. WE WILL WORK WITHIN REASON TO ENSURE THIS AMOUNT OF DOWNTIME IS LIMITED. WE WILL NOT BE HELD LIABLE FOR THE CONSEQUENCES OF ANY DOWN TIME.
14.3 WE CANNOT GUARANTEE THAT APPLICATION’S CONTENT OR CONTENT AVAILABLE FOR DOWNLOAD AND/OR EXECUTION FROM OR VIA THE SERVICES IS FREE FROM VIRUSES OR OTHER CONDITIONS WHICH COULD DAMAGE OR INTERFERE WITH DATA, HARDWARE OR SOFTWARE WITH WHICH IT MIGHT BE USED. YOU ASSUME ALL RISK OF USE OF ALL FILES ASSOCIATED WITH THE SERVICES, AND YOU RELEASE GUESS LUCKY ENTIRELY OF ALL RESPONSIBILITY FOR ANY CONSEQUENCES OF ITS USE.
14.4 WE DO NOT GUARANTEE THAT RESULTS OF USING THE APPLICATION AND THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS.
14.5 WE DO NOT GUARANTEE THAT THE USE OF THE APPLICATION AND THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES
YOU HEREBY AGREE TO USE THE APPLICATION AT YOUR OWN RISK. WE DO NOT GUARANTEE ANY SHARE OF THE WINNINGS TO THE PLAYERS GUESSING FOR THE GOLDEN TICKET. FURTHER, WE DO NOT GUARANTEE A GOLDEN TICKET TO EVERY PLAYER USING OUR SERVICES THROUGH THE APPLICATION.
WE HEREBY DECLARE THAT WE ARE NOT RUNNING A LOTTERY AND THUS WE OR THE APPLICATION THROUGH WHICH WE PROVIDE SERVICES TO YOU, DO NOT COME UNDER THE SCOPE OF THE GAMBLING ACT 2005.
YOU ARE HEREBY INFORMED, AND YOU RECOGNISE AND ACCEPT THAT YOU ARE NOT ENTERING INTO A CONTRACT WITH THE OPERATOR OF A LOTTERY, NEITHER YOU OWN ANY LOTTERY TICKET THROUGH PLAYING THE GAMES AVAILABLE IN THE APPLICATION.
We reserve the right to terminate your access to all or any part of the Services or the Application at any point in time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registered account. You may terminate your registered account if you wish to do so by sending us an e-mail at [email protected]. Any such termination may immediately have the effect of immediately prohibiting you from accessing or using the Services and the Application.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Any dispute concerning the subject matter of this Agreement, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. Venue of such arbitration shall be the city of London and the Language of Arbitration shall be in English. In the event that the parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
Laws of the United Kingdom shall apply to any dispute related to this Agreement. Any dispute related to the Agreement will be decided by the courts of the United Kingdom, and each party will be subject to the jurisdiction of those courts.
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, pandemics, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the sections which by their nature ought to survive the termination of this Agreement shall survive.
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Agreement will still be valid.
The headers are provided only to make this agreement easier to read and understand.
In case this Agreement is available in multiple languages, in case of a dispute, the Agreement in the English Language shall prevail.
Amendments or changes to this Agreement will not be effective until we post the revised Agreement on the Application. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into this Agreement when you activate the feature. Where there is a conflict between this Agreement and the Additional Terms, the Additional Terms will control. Any rules of a Game mentioned in the Application on the “Rules” page shall hereby through this reference construed as part of this Agreement. In the event of any conflict in the rules mentioned in the Application on the “Rules” page and any rules of Games mentioned in this Terms Of Service, the rules mentioned in the Application shall prevail. If we do not immediately act on a violation of this Agreement, we are not waiving any rights under the Agreement, and we may still take action at some point.
We may modify or withdraw, temporarily or permanently, this Application and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Application or its contents.
Any notice to you will be effective when we send it to the last e-mail address you furnished during registrations. Any notice to us will be effective when delivered to us at [email protected], or any addresses as we may later post on the Application.
This Agreement, and any Additional Terms you have agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.
You may get in touch with us through the address given below: GOLDEN LOTUS LABS LIMITED, 70 London Road, Morden, SM4 5AZ, THE UNITED KINGDOM, [email protected].