LAST UPDATED ON 20 July 20
This Agreement is made between Golden Lotus Labs Limited a company based in the United Kingdom (the "we", “us”, “our”), and you, the winner (hereinafter referred to as the “Winner”, “you”, “your”). This Agreement shall by this reference be construed as part of our Terms Of Service
In the event the terms of this Agreement conflict with our Terms of Service, the terms mentioned in our Terms Of Service shall prevail. By entering into this Agreement, you agree to abide to our Terms Of Service, Privacy Policy and other documents which may be related to this Agreement.
We reserve the right to amend and update this 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. 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.
The Application provides a platform where you can guess numbers for fun through the Application with respect to the game of your choice. Congratulations on getting the High Score which has made you eligible to enter into this Agreement with us. You shall now be required to make a Subsequent Guess on the date of the next date of the game. We will use the numbers you choose in the Subsequent Guess to buy a Lottery Ticket from an Operator.
In the event that we win using the numbers you provide us in your Subsequent Guess, we will disburse your share of the Winnings in accordance with the terms of this Agreement.
2.1. 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). Which 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.
2.2. 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.
2.3. 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.
2.4. Winnings: The amounts received by us through a Lottery (upon winning such Lottery).
2.5. 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).
2.6. 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.
2.7. Operator: means in respect of a lottery game, the official third-party lottery organiser that organises and manages that lottery game and draw.
The Term begins as soon as you access the Application and continues as long as you use the Application and the Services. When you register an account with us, you will be asked for details such as your name email address and age. Upon winning a Golden Ticket, we will ask for your PayPal account details. By accessing and using the Application and Services and providing us your PayPal account details means that you’ve officially “signed” this Agreement, our Terms of Service and Privacy Policy.
If we win using your Subsequent Guess, you shall be entitled to receive a share of the Winnings in a percentage equal to not more than 90% (hereinafter referred to as “Your Share”)
We shall be entitled to a share from the Winnings in a percentage equal to not less than 10%. (hereinafter referred to as “Our Share”).
Notwithstanding the foregoing, in the event that the Winnings amount is less than £1000, you shall be entitled to the entire Winnings or a percentage equal to 100% of the Winnings.
The Winnings shall be disbursed to you by us, after making appropriate deductions of any and all actual bona fide out-of-pocket costs and expenses incurred by us and our affiliates which may include without limitation any applicable taxes, fees, any third-party costs. You shall not be entitled to any other amounts in any case with the exception of Your Share.
We shall disburse Your Share to you using the information you have provided us in this Agreement, to your PayPal account. We will disburse Your Share to you within [NO. OF DAYS ], upon receipt of the Winnings by us. You may receive Your Share in not less than [NO. OF DAYS ] from the day we disburse Your Share. Notwithstanding the foregoing, we shall not be liable for any delays in the receipt of Your Share caused due to the payment processor PayPal.
You shall at all times 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 the terms of this Agreement or the terms of any agreement related or connected to this Agreement.
The Parties agree that the Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorised in writing.
This Agreement shall not be terminated except as provided herein:
8.1. Termination for good cause: Either Party may terminate this Agreement If either Party believes that the other is in breach of its material obligations under this Agreement and such breach has not been rectified even after giving 30 days’ notice to the breaching party.
8.2. Termination by Mutual Consent: Parties can terminate this Agreement at any time by mutual consent.
8.3. Termination by Notice: Either Party may terminate this Agreement for any reason by giving the other Party 30 days’ notice.
In the event that this Agreement is terminated for any reason, you shall not be entitled to receive Your Share of the Winnings under any circumstance.
We reserve the right to retain the complete Winnings in the event of a material breach of the obligations contained in this Agreement by you.
Any notice to you will be effective when we send it to the last e-mail or physical 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 shall not be assignable by either Party hereto, without the express prior written consent of the other Party hereto. Notwithstanding the foregoing, we may assign this Agreement 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.
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
The Parties affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood this Agreement.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.