1.1 The Terms and Conditions (the “T&Cs”) below set out the rules for The Big Win society lottery draws (the Lottery) which are promoted and managed by The Health Lottery ELM Limited (“THL”) on behalf of the Community Interest Companies (“CICs”) listed on its website www.healthlottery.co.uk (the “Website”).
1.2 The correspondence address is The Health Lottery ELM Limited, Dept. 399, 2nd Floor, Queensgate, Grange Road East, Birkenhead CH41 5FD.
1.3 THL is licensed and regulated by the Gambling Commission (www.gamblingcommission.gov.uk ) which has issued licence numbers 000-026057-R-309179 and 000-026057-N-309180.
1.4 The Health Lottery Scheme manages multiple society lotteries that operate in rotation across defined regions covering the whole of Great Britain. They operate under the Gambling Act 2005, (“The Act”) each or all being referred to as “The Health Lottery”, depending on the context. Operating this way allows every single part of Great Britain to receive their share of the appropriate proceeds.
1.5 Each of the society lotteries is licensed by the Gambling Commission and is promoted by both the Societies and by THL. Each Society is an individual Community Interest Company. Each CIC represents one or more Local Authority areas within England, Scotland and Wales and during the course of each year they will operate a lottery or lotteries for the benefit of their local communities. Different CICs take turns in operating their lotteries each month and proceeds are allocated according to ticket sales for each CIC that is open. Money is then donated to health related ‘Good Causes’ within their respective local areas.
1.6 A complete list of the CICs promoting the society lotteries can be seen at Annex A of these Terms and Conditions.
1.7 Players should be aware that all the participating CICs are independent companies. THL will provide a link on its website to each of the individual CICs where information about each of the CICs, the regions they represent and Good Causes they support is available. It should also be noted that the allocation of funds to Good Causes within the relevant CIC area is determined by the CICs’ partner charity, People’s Health Trust.
1.8 At least 20.34% of the proceeds of each Lottery shall be paid to health-related Good Causes within the territorial boundaries of the participating CIC on whose behalf the Lottery is being promoted.
1.9 All entries into and participation in the Lottery are strictly governed by these T&Cs. By entering the Lottery, a Player agrees to be bound by the T&Cs in force on the day of purchase. THL reserves the right to refuse any entry to the Lottery or to withhold any Prize if it has reasonable grounds to believe that these T&Cs have been breached.
1.10 THL reserves the right to amend these T&Cs from time to time. The current T&Cs will be posted on the Website along with the Game Rules, and THL will provide a copy by post if requested to do so on receipt of a stamped addressed envelope at the address in clause 1.2 above. T&Cs booklets and copies of the shortened form of the T&Cs and Game Rules (the Player’s Guide) can be obtained from a Health Lottery Participating Retailer.
1.11 If and when changes are made to the T&Cs, THL will use its database of Players that have registered online to notify all those Players for whom it has email details. THL will also distribute a revised version of its T&Cs to all Participating Retailers.
Any words within these T&Cs which start with a capital letter shall have the following meanings:
(a) “The Big Win Lottery Game” means The Health Lottery product consisting of lottery draws which are normally held on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays (such frequency may be subject to change) and cost £1 per lottery entry. Each £1 entry into either a Wednesday or Saturday draw also entitles the player to one automatic free entry into a Free Prize Draw.
(b) “Quick Pick Game” means the Health Lottery product offered by THL consisting of lottery draws which are normally held on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays (such frequency may be subject to change) and cost £1 per lottery entry and lottery numbers are selected by the lottery system using a random number generator. Each £1 entry into either a Wednesday or Saturday draw also entitles the player to one automatic free entry into a Free Prize Draw.
(c) “Bonus Ball” means the number drawn in addition to the 5 regular numbers in the draw for The Big Win Lottery Game. This may also be referred to as the “Bonus Number” in marketing materials referring to The Big Win Lottery Game.
(d) “Claim Form” means a form provided by THL by mail or email to Players claiming a Prize of more than £50 in accordance with the THL postal claim procedure.
(e) “Excluded Person” means all persons who do not meet the eligibility criteria set out in clause 3.1 and such other persons (or category of persons) as the Gambling Commission may specify from time to time or as The Health Lottery, a relevant CIC and the Gambling Commission may agree from time to time. Any person who enters the Lottery but who does not comply with these T&Cs shall be considered an Excluded Person.
(f) “Fixed Prize” means a prize category below the Jackpot Prize where the winners will receive a set amount not shared with other players subject to the same limitations in exceptional circumstances found at sections 6.18 of these T&Cs. These prize categories are: a free £1 ticket, £5, £10, £50, £300 and £10,000.
(g) “Game Rules” means the rules which are applicable to playing the draw-based lottery game (The Big Win Lottery Game) and which are published on THL’s website.
(h) “Good Causes” means the promotion of health for the public benefit by increasing and supporting sustainable health equality in and for disadvantaged communities and groups across England, Scotland and Wales.
(i) “Free Prize Draw” means the free draw which is normally conducted every Wednesday and Saturday following the main £1 Big Win lottery draws. On these days, a new set of lottery numbers are selected by the lottery ball machine to determine the winning numbers for these free prize draws.
(j) “Free Prize Draw Numbers” means the 5 lottery numbers selected or chosen for the Player for a Wednesday or Saturday Big Win lottery draw, which are also automatically entered into the Free Prize Draws on these days.
(k) “Free Prize Draw Prize” means the cash amount offered by THL in its free draws usually held each Wednesday and Saturday. This is currently one prize each draw of at least £100,000. THL reserves the right to change the prize amount at its absolute discretion by providing advance notice on its Website. In the event that there are multiple match 5 winners, the prize will be evenly divided between all those matching 5 numbers.
(l) “Jackpot” or “Jackpot Prize” means the top prize in any Big Win Lottery Game Lottery Draw.
(m) “Lottery Draw” or “Draw” means the weekly lottery draws conducted by THL every Tuesday, Wednesday, Thursday, Friday and Saturday (such frequency may be subject to change) for The Big Win Lottery Game. Sales will be closed for these draws at 19.45 on each draw day. THL reserves the right to hold a Draw on an alternative date should the Draw occur on a Bank Holiday, or any other day deemed unsuitable for holding a Draw by Health Lottery Management, in its discretion.
(n) “Lottery Ticket” or “Ticket” means the Ticket which is purchased by a Player in anticipation of a Lottery Draw and which carries the numbers selected by the Player (or in the case of a Quick Pick Ticket the numbers selected randomly) for entry into the Lottery and which may contain more than one line of play. Where a player has purchased a Ticket for a Wednesday or Saturday draw, their chosen or selected lottery numbers will also be entered into that day’s free prize draw;
(o) “Participating Retailer” means a retailer or store that has agreed to sell The Health Lottery’s Big Win Tickets on behalf of THL and the CICs.
(p) “Play” means any individual selection of 5 numbers entered into the Lottery.
(q) “Player” means an eligible person who purchases a Lottery Ticket in accordance with these T&Cs; and
(r) “Player’s Guide” means the shortened Game Rules and Terms and Conditions printed by THL for use at retail locations.
(s) “Prize” means the prize monies, non-cash Prizes or Free Ticket that may be won in the course of the Lottery draw or Free Prize Draw in accordance with these T&Cs and any other rules of the Lottery.
(t) “Prize Ticket Promotion” means any promotion that the Health Lottery may run from time to time offering the chance to win a ticket as a Prize to Players who have met the promotion criteria as stated in the terms and conditions of the relevant promotion. A ticket prize can be entered into a draw of the players choice (up to 5 weeks in advance for online players). If a player chooses to play their ticket in a Wednesday or Saturday draw, they’re also automatically entered into the Free Prize Draw which also takes place on these days. The opening and closing dates for these promotions will be stated clearly on the Health Lottery Website under the ‘Offers’ tab and in print advertisements for the promotion.
(u) “Prize Ticket” means a single entry for Play into a Big Win Lottery Draw of the players choice and, if used for a Wednesday or Saturday draw, free automatic entry into a Free Prize Draw, issued as a prize for Players who have met the promotion criteria as stated in the terms and conditions of the relevant promotion, whether for the same or another participating CIC at times when THL is offering a Prize Ticket Promotion. Prize Tickets must be used within 180 days of being issued after which time they will expire.
(v) “Prize Capping” means the process that may be applied, if required by The Health Lottery to reduce the value of prizes in certain circumstances such as when the total value of cash Prizes won by Players in a single draw of The Big Win Lottery Game exceeds £250,000.
(w) “Quick Pick” means a line of play where all numbers have been selected at random by the lottery system using a random number generator.
(x) “Winning Number” or “Regular Number” means the 5 numbers drawn in The Big Win Lottery Game before any Bonus Ball is drawn.
(y) “Ticket” means a paid for entry into The Big Win Lottery Game. This is defined in (n) above.
3. CONDITIONS OF ENTRY
3.1 To enter the Lottery and to be eligible to win a Prize, Players:
(a) Must be 18 years of age or over to play online or in retail, and
(b) Must comply with these T&Cs and any other rules of the Lottery notified by THL.
3.2 Any corporate body incorporated and with a registered office address in Great Britain may purchase and claim prizes in the Lottery.
3.3 Excluded Persons are ineligible to participate in the Lottery and shall not be entitled to receive any Prizes. Players will have the option to self-exclude for a period of 6 months to 5 years. Once excluded, Players will not be able to delete their account as a record of their exclusion must be kept.
3.4 All entry instructions communicated by THL shall form part of the Game Rules of the Lottery which are available on the Website or can be obtained on request by sending a stamped addressed envelope to the address in clause 1.2 above.
3.5 In purchasing a Ticket, Players acknowledge and agree that:
(a) They may be entered into a Lottery Draw which is not promoted by the CIC representing their geographic region; and
(b) A minimum of 20.34% of the Ticket price will go towards Good Causes.
3.6 By personally accepting the Prize from THL, Players warrant that they:
(a) Are not a director or an employee of THL, the CICs, or a key IT contractor or supplier claiming a prize on their own behalf. A director or an employee of THL may however claim a prize on behalf of THL;
(b) Are not a spouse or dependent of any person described in 3.6(a); and
(c) Are eligible to win a Prize under clause 3.1; and
(d) Fully understand that any misrepresentation of fact as to the Player’s eligibility, whether intentional or unintentional, will make the Player an Excluded Person and ineligible to win a Prize.
3.7 THL will have discretion as to whether to accept any entry to its Big Win Lottery Draws and Free Prize Draws and pay out any Prizes. Its decision in the matter may be challenged via the complaints procedure (See point 10.0 for details).
3.8 THL will rely on its own technical logs and records when determining whether a Player is eligible to receive a Prize.
3.9 The Player accepts that the Ticket they purchase in any month may not directly benefit the region in which they bought the Ticket. THL aims to ensure that different CICs representing different regions take it in turns to participate in The Health Lottery each month to ensure, where possible, that across the course of a year, every participating region of Great Britain will benefit from monies raised as equally as possible.
3.10 Each Player agrees to be bound by the Game Rules, these T&Cs, any applicable provisions of The Gambling Act 2005 and any relevant regulations made thereunder from time to time. THL will not be liable for any loss or damage (including the loss of opportunity to enter The Health Lottery’s Big Win game and/or right to receive a Prize) suffered by a Player if such Player has not complied with the Game Rules and/or these T&Cs. The Game Rules and T&Cs may be amended by THL from time to time and published on the THL Website.
4. HOW TO ENTER THE BIG WIN LOTTERY & FREE PRIZE DRAW
4.1 Players enter the Big Win Lottery Draw either by purchasing a paper Ticket from a retailer authorised by THL or by using the Website/mobile app to purchase an online Ticket. Tickets will normally cost £1 per entry into a Tuesday, Wednesday, Thursday, Friday and Saturday draw.
4.2 Participating Retailers may require proof of age or other identification to be shown before the Ticket will be sold. THL reserves the right to introduce new channels.
4.3 For The Big Win Lottery Game, the Player must choose five different lottery numbers, each of which must be between 1 and 50 inclusive or may prefer to be allocated five different numbers in that range (a “Quick Pick”).
4.4 For The Big Win Lottery Game the Player may choose to activate a Health Lottery Big Win Playcard (the “Playcard”) with their chosen five number selections for any play. Participating Retailers can activate a Playcard, or Players may activate the Playcard by phoning the Contact Centre or using the Website. The activation of a Playcard will result in one or more selections of five numbers (up to a maximum of ten) being recorded on The Health Lottery account record designated by the unique number on the Playcard in question.
4.5 Following activation, a Playcard may be used to purchase Tickets for future Draws of The Big Win Lottery Game.
4.6 When available, a play-slip or a Player’s Guide with a detachable single use Playcard may also be used to purchase Tickets.
4.7 A Ticket will be valid only for the Draw(s) to be held on the date(s) shown on the face of the Ticket. Players may choose to purchase a Ticket which enters the Player into the Lottery and automatic entry into the appropriate Free Prize Draw for up to five weeks in advance.
4.8 It is the Player’s responsibility to check at the time of purchase that the date of the Draw and the numbers shown on the Ticket are those requested.
4.9 For each lottery line purchased for any Wednesday or Saturday draw, the player’s same lottery numbers will also be automatically entered into a Free Prize Draw on the same evening, following The Big Win draw.
4.10 Online Players with an active Direct Debit (“Subscription Players”) will automatically be entered into the appropriate Free Prize Draw at no additional cost. This information will be included in a confirmation email to the Player.
4.11 Cancellations are allowed only under exceptional circumstances. Any cancellation or reversal will need to be completed at the same location and on the same terminal as the original transaction. THL will allow cancellations and reversals for both a Ticket sale and a pay-out. In e-pay and Payzone Retailers, also in Participating Retailers using their own EPOS system to sell Tickets there will be a 30-minute window after which a reversal and cancellation cannot be performed at the terminal. PayPoint Retailers will only allow a cancellation within 10 minutes of the relevant transaction provided that no other transactions have been made in the interim.
4.12 For the avoidance of doubt, a Player may not seek cancellation of a Quick Pick Ticket if the numbers selected are not to his or her liking.
4.13 A Player may in certain circumstances request the repayment of their stake, should that Player have purchased a Ticket in advance of a Draw that is subject to a change in these Terms and Conditions, prior to the point at which the changed Terms and Conditions have been published by THL on the website. The Player must contact THL in writing at Dept. 399, 2nd Floor, Queensgate, Grange Road East, Birkenhead CH41 5FD, including enclosing the original Ticket, name, address, and the bank details to which the refund should be credited. This communication and Ticket must be received by THL at least 72 hours in advance of the affected Draw subject to the limitations stated in clause 8.2. Online Players must notify THL by email using their registered email address within the same 72-hour timeline in order to facilitate the refund. The Player accepts that if their application for a refund is accepted their Ticket will be withdrawn from the applicable Draw and will not be eligible for any Prizes.
4.14 The Player is solely responsible for ensuring that the Ticket remains safe and in a good and legible condition. For Players having participated in the Draw by purchasing a Ticket from a Retailer, the Ticket is sole evidence of entry into the Draw and must be in the possession of the Player to enable them to claim a Prize. The Playcard or play-slip cannot be used to claim a Prize or be relied upon as evidence of entry into a Draw.
4.15 Subject always to clause 9.2, THL accepts no responsibility for lost, stolen, damaged or defaced Tickets.
5. PLAYING THE BIG WIN LOTTERY ONLINE
5.1 Online Players of The Big Win Lottery are required to provide THL with their name, date of birth, address, contact details and bank or payment card details before an online registration will be processed. In order to play online Players must have either a GB registered debit card registered at a GB address. Identity checks will be carried out to confirm that the Player is at least 18 years old, and this will leave a soft footprint on the Player’s credit file for 12 months. In addition, as part of its ongoing commitment to protecting players from the risk of gambling harm, THL will undertake enhanced due diligence to determine whether a player is spending within their means. THL monitors both financial and behavioural triggers and affordability checks will be carried out on those exhibiting potential signs of harm. These checks will also leave a soft footprint on the Player’s credit file.
5.2 Registered online Players will be provided with an e-wallet in which they may deposit funds which they wish to use to participate in the Lottery Draws. No more than £500 may be deposited in the e-wallet in a single transaction. Players can make payments by debit card which will be made to Health Lottery Financial Ltd (“HLFL”), a sister company of THL which handles all financial transactions for THL and the CICs. Players who supply details of a jointly owned bank account accept that Prizes won will be paid into that account.
5.3 Online Players can play by subscription using Direct Debit (“Subscription Players”). The Direct Debit Guarantee applies to all Direct Debit arrangements set up by the Players. Direct Debits will be collected by HLFL.
5.4 No online Player may purchase more than £80 of Tickets for any single Lottery Draw. A Player purchasing Tickets on behalf of a syndicate may not purchase more than £80 of Tickets for any single Lottery Draw per member of the syndicate.
5.5 No online Player will be permitted to deposit more money if the balance in their e-wallet is more than £2,000.
5.6 THL reserves the right to impose such cooling-off periods on the use of deposited monies as it considers appropriate and will notify the same to Players before the deposit is accepted.
5.7 THL reserves the right to terminate a Player’s online account at any time, at its absolute discretion. Upon the termination of the online account, all monies held by THL on behalf of the Player will be returned to the Player’s bank account within 14 working days.
5.8 Players may be asked if they wish to be contacted for advertising, promotional and marketing purposes. If Players wish to be removed from THL’s mailing list, they should click on the unsubscribe link shown on all Health Lottery e-mails or contact THL at email@example.com or call the Health Lottery Contact centre on 0330 3902289. Calls to The Health Lottery Helpline will be charged at local call rate. Players may also update their marketing preferences via their online account.
5.9 Online entries are final and cannot be cancelled, reversed or refunded once completed.
5.10 In addition to these T&Cs, Health Lottery online play is subject to the Terms and Conditions for Playing the Health Lottery’s Big Win Draw Game and Free Prize Draw via the Internet and by Direct Debit published on the Website.
6. THE BIG WIN LOTTERY DRAW AND PRIZES
6.1 For The Big Win Lottery Game, the Lottery Draws will take place on a weekly basis on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays. THL also reserves the right to hold a Draw on an alternative date should the Draw occur on a Bank Holiday.
6.2 For the Free Prize Draws, these will usually take place on a Wednesday and Saturday. THL also reserves the right to hold a Draw on an alternative day should the Draw occur on a Bank Holiday.
6.3 The name of the participating CIC which will benefit from the lottery Draws and Free Prize Draws in any one month will be displayed on the Website and the relevant CIC name will also appear on the Ticket. Tickets for more than one Draw will clearly display the date of all Draws and the relevant CIC for each Draw.
6.4 The results of any Lottery will be published on the Website or in any other source shall be for information purposes only and a Prize shall only be awarded to a winning Ticket which has the number(s) recorded at the Draw itself by THL. Online Players will be notified automatically to their registered e-mail address if they have won a Prize.
6.5 In the Lottery Draw, five numbers will be drawn at random by an approved ball machine from the range between 1 and 50 inclusive (the “Winning Numbers”). An additional number, the Bonus Ball, will be drawn after all five Winning Numbers have been drawn.
6.6 Only one Prize may be claimed in respect of each entry made to the Lottery Draw.
6.7 Subject to this clause 6, Prizes paid to the holders of Tickets with Winning Numbers in the Lottery Draw will be as follows for The Big Win Lottery Game whose draws are held on a Tuesday, Wednesday, Thursday, Friday or a Saturday:
- If one Winning number and the bonus ball is matched on a Player’s Ticket, the Player will win one free ticket*
- If two Winning Numbers are matched on a Player’s Ticket, the Player will win one free ticket*
– If two Winning Numbers and the Bonus Ball are matched on the Player’s Ticket, the Player will win one Prize of £5.
– If three of the Winning Numbers are matched on a Player’s Ticket, the Player will win one Prize of £10.
– If three of the Winning Numbers and the Bonus Ball are matched on a Player’s Ticket, the Player will win one Prize of £50.
– If four of the Winning Numbers are matched on a Player’s Ticket, the Player will win one Prize of £300.
– If four of the Winning Numbers and the Bonus Ball are matched on a Player’s Ticket, the Player will win one Prize of £10,000.
– If five of the Winning Numbers are matched on a Player’s Ticket, the Player will win a Prize of £25,000. If there are multiple match 5 winners, the Prize will be divided by the number of winners. For example, if there are two players, each with a ticket matching all 5 numbers, each will win £12,500. Prizes will be rounded down to the nearest pound if required.
* A ‘free ticket’ in this instance can be a Quick Pick ticket i.e. the lottery numbers will be selected at random by the lottery system using a random number generator or Players can choose their own number selection. Players can also choose which draw they would like to enter using their free ticket. The free ticket must be used within 180 days of receipt after which it will expire.
6.8 When a ‘free ticket’ is awarded as a prize, the winner may select in which draw the ticket is used. If they elect to use it on a Wednesday or Saturday draw they will also receive an automatic free entry into that day’s Free Prize Draw.
6.9 All ‘free tickets’ are fully paid for by THL (ELM).
6.10 Players who win a Prize Ticket or a cash Prize of up to £50 inclusive with a paper Ticket in The Big Win Lottery Game may collect their Prize from any Participating Retailer which sells Tickets for the Lottery Draw. Players who win a Prize in excess of £50 with a paper Ticket must contact THL on 0330 3902289 or by email at firstname.lastname@example.org in order to claim their Prize. In instances where a retail player is required to claim their Prize via our Helpline or website, and the Prize includes a ‘free ticket’, a physical Quick Pick ticket will be dispatched to the Player. Free tickets can be used in any draw but, if not used, will expire in 180 days from receipt of the ticket.
6.11 Players who accumulate multiple Prizes of £10 or £20 on the same Ticket must also contact THL to claim their Prize if the total amount accumulated exceeds £50. Calls to The Health Lottery Helpline will be charged at local call rate. THL will only pay out cash Prizes in excess of £50 by cheque or electronic transfer to a UK bank account. THL reserves the right to pay cash Prizes in excess of £50 by means of any new payment method that becomes available in the future.
6.12 Players are responsible for ensuring that the correct Prize is paid by the Retailer for a match Bonus Ball win, match 2 balls win, match 2 balls plus Bonus Ball win, match 3 balls win, match 3 balls plus bonus ball win or match 4 at the time the Ticket is validated, or any other day deemed unsuitable for holding a Draw by Health Lottery Management, in its discretion.
6.13 Free Prize Draw Prizes can be claimed up to 180 days after the Draw. Players must contact THL on 0330 3902289 in order to claim their prize.Calls to The Health Lottery Helpline will be charged at local call rate.
6.14 No Prize will be paid on a Ticket that has been forged, altered, damaged or defaced in any way.
6.15 No Prize will be paid on a Ticket that fails THL’s validation process.
6.16 Online players may collect their Prize(s) of up to £2,000 in the Lottery Draw through their Health Lottery online account. Other Prizes for higher amounts must be claimed by contacting THL on 0330 3902289. Calls to The Health Lottery Helpline will be charged at local call rate.
6.17 Online Players who win a Prize or a combination of Prizes in excess of £2,000 in the Lottery Draw must contact THL on 0330 3902289 in order to claim their Prize. Subscription Players will automatically receive notification from THL of their Prize.
6.18 Should the total sum of Prizes due for payment in respect of any Lottery Draw exceed £250,000, THL reserves the right to implement Prize Capping to reduce the sum of the Prizes distributed to Players. In such circumstances, THL may reduce all prize categories in proportion so as to bring the total Prize pay-out to a minimum of £250,000.
6.19 The Prize Pool for each weeks Lottery is calculated once the eligible numbers have been entered into the system. All prizes on the Health Lottery’s Big Win draws will be paid in full unless Prize Capping is required.
6.20 THL reserves the right to change the Prize sums paid to Players without further notice at its absolute discretion where it is required to do so by law, regulation or the instruction of the Gambling Commission.
6.21 Winning Players may be required to provide such proof of their identity, age and compliance with these T&Cs as THL shall require before the Prize payment is made.
6.22 Where a Prize is paid to an Excluded Person or is otherwise paid in error, the Prize must be returned immediately to THL.
6.23 THL will use its reasonable endeavours to provide the Prize payment to the Player within fourteen working days of receiving the Player’s identification documents but will not be liable for prize payments that are received beyond the quoted timescale. Prizes for the Health Lottery’s Big Win Game must be claimed no later than 18.00 hours on the 180th day following the day of the Draw. Any Prize not claimed within this period will be forfeited. If any Prize is claimed by post, THL must receive the Ticket and Claim Form at the address shown on the Claim Form within this period.
6.24 Each winning Player is responsible for paying any and all taxes on any Prize won.
6.25 Except when required to do so by law, or for the purpose of publicising unclaimed Prizes, THL will not make public information about Prize winners without first obtaining their consent.
7. SELF EXCLUSION
7.1 Any Player may opt at any time to be excluded from purchasing Tickets for future Lottery Draws by visiting the Website or a Participating Retailer. For online Players at the start of the period of self-exclusion (the “Exclusion Term”), all monies held by THL in the Player’s e-wallet will be returned to the Player and the online account will be suspended.
7.2 Players may choose the length of the Exclusion Term, subject to a minimum period of six months. During the Exclusion Term, they will not be permitted to access their online account held with THL or to purchase any Tickets using that account.
7.3 THL will not contact the Player at the expiration of the Exclusion Term. The Player may reinstate the account held with THL by contacting email@example.com, although a cooling-off period of one week will be imposed by THL before the account becomes active.
7.4 The Player may choose to enter another Exclusion Term at any time.
7.5 Players may choose to enter an opt-out scheme under which they will not receive marketing materials from THL. Where THL communicates with its Players by email, each message will include a brief description of the way that the recipient may notify THL that they wish communications to cease.
7.6 THL will remove from its marketing lists the details of any Player who, upon receipt of unwanted marketing material, calls THL’s Contact Centre or email firstname.lastname@example.org. A Player may also use the unsubscribe link at the bottom of any marketing email to stop any further marketing communications.
7.7 Players should play responsibly. Information on how to gamble responsibly and how to access information about, and help in respect of, problem gambling can be found on the website or by sending a stamped addressed envelope to the address in clause 1.2 above. Alternatively, information is available from www.gamcare.org.uk.
7.8 Players who self-exclude or unsubscribe from marketing should be aware that at the time of opting out, a marketing email or emails may already be scheduled to be sent. As such we may be unable to prevent this from happening. Please allow 5 working days before marketing ceases.
8. LIMITATION OF THE HEALTH LOTTERY’S LIABILITY & RESERVATION OF RIGHTS
8.1 Nothing in these T&Cs shall exclude or limit THL’s liability:
(a) For death or personal injury resulting from THL’s negligence; or
(b) For fraudulent misrepresentation; or
(c) For liability that cannot be excluded or limited by law.
8.2 Subject always to clause 8.1 neither THL nor any of the societies participating in the Health Lottery from time to time shall be liable to a Player for any loss or damage suffered by a Player arising from:
(a) Any failures or delays in any delivery methods (including postal services) used by THL or the Player from time to time.
(b) Retailer error or incorrect or misuse of retailer terminal (including the loss of opportunity to enter The Health Lottery and/or right to receive a Prize).
(c) Any event which is beyond THL’s or the societies’ reasonable control.
And in addition;
(d) The Lottery is provided on an “as is” and “as available” basis and no representations or endorsements of any kind are made; and
(e) All warranties, conditions and guarantees relating to the Lottery made by or on behalf of THL, whether express or implied by law, in the course of dealing or otherwise, are excluded to the maximum extent permitted by law.
8.3 THL is not liable in contract, tort (including but not limited to negligence) or otherwise in connection with the Lottery for:
(a) Loss of revenue, contract, profits, business or anticipated savings or loss of data;
(b) Any special or indirect or consequential losses; or
(c) Any loss of goodwill or reputation.
8.4 THL does not guarantee that use of the Website, telephone system, broadcast or live transmission will be uninterrupted, timely and / or error-free.
8.5 Subject to clause 8.1, THL’s liability to any Player shall be limited to the amount of any Prize which may have become due to that Player.
8.6 THL is not responsible for any websites which may be visited via hyperlinks provided on the Website. Visitors to and transactions made on such websites are conducted entirely at the site user’s own risk.
8.7 THL reserves the right to exclude any Player from the Lottery in the event that THL believes in its sole discretion that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.
9. LIABILITY OF PLAYERS
9.1 Players agree to fully indemnify THL in respect of all liabilities, damages, claims, actions, expenses, demands or costs incurred by THL due to the Player’s misuse of the Website.
9.2 Nothing contained in these T&Cs shall affect the statutory rights of any Player. THL’s Complaints Procedure is available on request by writing to the address in 1.2, by emailing THL at email@example.com or by calling the Contact Centre on 0330 3902289. Calls to The Health Lottery Helpline will be charged at local call rate.
In the event of a complaint or to express any dissatisfaction with any aspect of THL, Players should email THL on help@ healthlottery.co.uk or call the Contact Centre on 0330 3902289. Calls to The Health Lottery Helpline will be charged at local call rate.
11. DISPUTE RESOLUTION
If a complaint is not resolved to a Player’s satisfaction by the use of THL’s Complaints Procedure, and subject to the dispute meeting the criteria detailed in the Gambling Commission’s Code of Practice, the Player may request information as to how to refer their complaint to an independent adjudicator for further investigation and review. This independent adjudicator, namely the Independent Betting Adjudication Service (IBAS), is specialised in the resolution of gaming disputes.
The independent adjudicator will consider your complaint totally impartially and we are bound by their decision. IBAS contact details are as follows:
Independent Betting Adjudication Service
PO Box 62639
T: 020 7347 5883
12. INTELLECTUAL PROPERTY
All intellectual property rights generated as a result of the operation of the Lottery shall be the property of THL and Players agree to take all steps (at THL’s cost) to vest in THL any intellectual property which the Player creates in the course of entering the Lottery.
13. DATA PROTECTION
All information provided by Players to THL for the purposes of the Lottery will be stored, managed and used in accordance with current Data Protection legislation and also with the THL’s Privacy Statement as posted on the Website. THL’s Privacy Statement forms part of these T&Cs.
14. GOVERNING LAW
These T&Cs are governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
We are required by our licence to inform Players about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx The Lottery monies managed by THL and HLFL on behalf of the CICs are ring-fenced and covered by a Declaration of Trust of which the CICs and the Players are the beneficiaries. In the event that THL or HLFL are declared insolvent, the lottery funds are protected and the creditors of THL or HLFL will have no recourse to the lottery funds held on trust for the CICs and the Players. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: high protection.
ANNEX A COMMUNITY INTEREST COMPANIES:
||Local Authority Boundaries
|SNE Health CIC
||Health Lottery Scotland
||Edinburgh, West Lothian, East Lothian, Falkirk, Midlothian, Dumfries and Galloway, North, East and South Ayrshire, Scottish Borders, North and South Lanarkshire, Perth and Kinross, City of Dundee, Angus, Stirling, Fife, Clackmannanshire, Argyll and Bute, Aberdeen, Aberdeenshire, Highland, Moray, Nah-Eileanan Siar (Western Isles) Shetland and Orkney Islands, Glasgow, Renfrewshire, East and West Dunbartonshire, East Renfrewshire, Inverclyde
|Health Lottery North East & Cumbria
||North East England & Cumbria
||County Durham, Stockton on Tees, Redcar, Cleveland, Middlesbrough, Darlington, Hartlepool, Cumbria and Northumberland, Newcastle upon Tyne, North and South Tyneside, Gateshead, Sunderland
|YNW Health CIC
||Health Lottery Yorkshire & Humber
|Yorkshire & Humber
||Sheffield, Rotherham, Barnsley, Doncaster, Wakefield, Leeds, Kirklees, Calderdale, Bradford, North Yorkshire and York, East Riding, Hull, North and North East Lincolnshire
|Health Lottery North West
||North West England
||Cheshire East, West, Warrington, Halton, St Helens, Knowsley, Liverpool, Sefton Wirral, Manchester, Stockport, Trafford, Salford, Lancashire, Blackpool, Blackburn with Darwen, Tameside, Wigan, Bolton, Bury, Rochdale, Oldham
|EWA Health CIC
||Health Lottery Wales
||Swansea, Carmarthenshire, Neath, Port Talbot, Pembrokeshire, Bridgend, Ceredigion, Cardiff, Caerphilly, Newport, Torfaen, Monmouthshire, Blaenau Gwent, Merthyr Tydfil, Vale of Glamorgan, Powys, Flintshire, Wrexham, Gwynedd, Conway, Denbighshire, Anglesey
|Health Lottery East
||Suffolk, Cambridgeshire & Peterborough, Essex, Southend on Sea, Thurrock, Norfolk
|EWM Health CIC
||Health Lottery East Midlands
||Nottinghamshire and Nottingham, Northants, Leicestershire, Leicester, Rutland, Derbyshire, Derby, Lincolnshire
Health Lottery West Midlands
||Sandwell, Dudley, Walsall, Wolverhampton, Solihull and Birmingham, Staffordshire, Shropshire, Stoke-on-Trent, Telford and Wrekin, Coventry, Warwickshire, Herefordshire, Worcestershire
|SEW Health CIC
||Health Lottery South East
|South East England
||Hertfordshire, Central Bedfordshire, Luton, Bedford, Hampshire, Southampton, Portsmouth, Isle of Wight, Surrey, Oxfordshire, Buckinghamshire, Milton Keynes, East and West Sussex, Brighton and Hove
|Health Lottery South West
||South West England
||Gloucestershire, Swindon, Devon, Torbay, Somerset, Dorset, North Somerset, Bath and North East Somerset, Bournemouth, Poole, Cornwall, Plymouth, Isles of Scilly, Wiltshire, Bristol, South Gloucestershire
|LEW Health CIC
||Health Lottery London East
||Lambeth, Southwark, Bromley, Lewisham, Greenwich, Bexley, Havering, Barking and Dagenham, Redbridge, Newham, Waltham Forest, Islington, Haringey, Enfield, City of London, Tower Hamlets, Hackney, Kent and Medway
|Health Lottery London West
||Wokingham, West Berkshire, Reading, Windsor, Maidenhead, Slough, Bracknell Forest, Kensington and Chelsea, Hammersmith and Fulham, Ealing, Hounslow, Hillingdon, Wandsworth, Richmond on Thames, Kingston upon Thames, Merton, Sutton, Croydon, Camden, Barnet, City of Westminster, Brent, Harrow