Terms & Conditions
25th February 2021
- General provisions
- Your status
- Site Access and Use
- Purchasing a Lucky Gift Card
- Opening an Account
- Participating in a Pool
- Non-payment of Earnings
- Promotions (Priority Club)
- Bitcoin in your Account
- Suspension and termination
- Site, links and banners
- Miscellaneous provisions
1.1 In these Terms, the following words and expressions have the following meanings:
Account the account you create with us when registering a Lucky Gift Card and accessing the Services.
Devices any device used to access the Services including, but not limited to, mobile phones, desktop computers, tablets, laptop computers and internet enabled televisions.
Crypto Millions Lotto Draw/Draw(s) each Crypto Millions Lotto draw.
Earnings your share of the Winnings in the Pool paid into your Account in bitcoin in accordance with these Terms.
Force Majeure Event as set out in clause 17.5.
Gift Card Purchaser anyone purchasing a Lucky Gift Card from us.
Lucky Gift Card a gift card purchased via the Site.
Pool a group made up of Lucky Gift Card Account holders who will participate in each of the Draws.
Services the ability to use a Lucky Gift Card to enter Crypto Millions Lotto Draws via a Pool.
Site www.luckygiftcards.com and any other website we use to deliver the Services.
Terms these Terms and Conditions.
User, you, your a Lucky Gift Card holder.
Wallet a third party online, mobile, desktop, hardware or paper wallet used to hold bitcoin and to receive it from your Account.
We or us or our Wilmington Holdings Plc and Wilmington Operations Limited.
Winnings the amount in bitcoin the Pool wins from each Draw.
2.1 Who we are and what we do
2.1-1 www.luckygiftcards.com and the Services are managed and operated by Wilmington Holdings PLC, a company incorporated and registered in England under company number 12374254, whose registered address is at 7 Bell Yard, London, WC2A 2JR, England (WHP), together with its wholly owned subsidiary Wilmington Operations Limited (WOL) (company number 2041963) which operates and manages the Pool.
2.1-2 When someone purchases a special Lucky Gift Card, all the recipient needs to do is register it on our Site and open an Account to automatically join the Pool and obtain the opportunity to receive Earnings.
2.1-3 The Pool enters the Crypto Millions Lotto Draw, which is based on the outcome of the German National 6aus49 Lottery twice a week, every week. The terms and conditions governing the operation of the Crypto Millions Lotto can be found at https://www.cryptomillionslotto.com/information/terms-and-conditions/.
2.1-4 Winnings are split amongst Account holders following each Crypto Millions Lotto Draw, with Earnings credited immediately afterwards. Earnings are freely available to withdraw to a Wallet, whenever the Account holder wishes.
2.1-5 It is important to note that we are not connected or affiliated to the 6aus49 German National Lottery and that you are not buying a ticket to enter that lottery and nor is the Pool.
2.2 What these Terms cover
2.2-1 (a) any person purchasing a Lucky Gift Card (Gift Card Purchaser);
2.2-1 (b) any Lucky Gift Card holder registering with and subsequently accessing the Site as a registered user (User, you, your); and
2.2-1 (c) to the extent applicable, to any person accessing the Site as a visitor.
2.2-2 Each of the persons referenced in clause 2.2-1 above are required to carefully read and accept the Terms when registering an Account with or using the Services on the Site. By using the Site, such persons accept and agree to these Terms as effective from time to time.
2.3 Changing these Terms
We reserve the right to changes these Terms at any time. Should there be any material changes to these Terms, you will be promptly notified of such changes prior to accessing your Account for the first time after the changes take effect. By continuing to use your Account and/or interact with the Services thereafter you will be deemed to have accepted any such changes to the Terms.
2.4 Changing Content
We may, at our absolute discretion, change the content of the Site and/or the Services at any time. Any such changes shall not affect any Services you use prior to such changes coming into effect.
3. General provisions
In these Terms, reference to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between these Terms and any document referenced herein, these Terms shall prevail. In the event that these Terms are translated into any languages other than English, it is the English language version that shall take priority in the event of any ambiguity between different language versions.
4. Your status
4.1 Representations by the Gift Card Purchaser
In purchasing a Lucky Gift Card, the Gift Card Purchaser represents and warrants that they are at least 18 years old or such minimum age as applies in the jurisdiction of their residence when purchasing the Lucky Gift Card. In the event that we discover a Gift Card Purchaser is under 18, or under the relevant local legal age when purchasing a Lucky Gift Card, any Accounts associated with that purchase will be closed immediately forthwith.
4.2 Representations by Users
By opening an Account and/or using the Services, you represent and warrant that:
4.2-1 you are not a resident of the United States of America or its outlying islands, or any country or territory in which you are not permitted to use our Services and/or to acquire, own, hold, use or exchange bitcoin. We are not responsible for any loss you suffer if you do not comply with applicable local laws and regulations to which you are subject;
4.2-2 you are not a director, officer, employee, agent or affiliate of WHP or WOL or any subsidiary or associate companies, nor are you a spouse or relative of any such person;
4.2-3 you understand how bitcoin is used and the associated risks, including but not limited to loss of your Wallet private key, hacking/denial of service attacks, fluctuations in value, etc. and accept that we have no responsibility or liability for any losses you might incur as a result of hacking or other malicious acts undertaken by third parties should you withdraw your Earnings to a Wallet; and
4.2-4 you accept that by operating this Site, we are not offering any of the Services to you or inviting you to use this Site, to register on this Site, to open an Account or acquire, use or exchange bitcoin if it is illegal or otherwise not permitted to do so in your jurisdiction.
4.3 Your information
4.3-1 We reserve the right to request proof of identity and residence from you at any time if you have purchased a Lucky Gift Card, as well as other documents we reasonably require to satisfy anti-money laundering obligations that apply to us either now or in the future. Failure to comply with such requests may, at our sole discretion, lead to the suspension or closure of Accounts associated with your purchase of Lucky Gift Cards.
4.3-2 We have in place an insurance policy to ensure that we can pay the Pool all Winnings, including in particular those which arise for correctly picking 6 or 6+1 numbers in any Crypto Millions Lotto Draw (Large Winnings). It is a condition of that policy that, in relation to any recipient of Large Winnings, we reserve the right to provide the insurer with the relevant Account holder’s name and email address together with how much was gifted to them via the Lucky Gift Card. Accordingly, you hereby authorise us to provide such information to the insurer in the event of any Large Winnings which would give rise to any Earnings for you.
5. Site Access and Use
5.1 We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose content on the Site, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access and/or use the Site; (v) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (vi) use the Site for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site.
5.2 No part of this Site may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including, but not limited to, text, graphics, video, messages, code and/or software without our express prior written consent.
5.3 The Site may contain links to third party websites that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy notices, or practices of any third-party websites. You expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy notice of each third-party website that you may choose to visit.
5.4 We reserve all rights not expressly granted in and to the Site.
6. Purchasing a Lucky Gift Card
6.1 Lucky Gift Cards may only be purchased through the Site by entering the details requested including: (i) gifting party’s details, (ii) recipients email address, (iii) gifting message (optional), and (iv) date for delivery.
6.2 Each Lucky Gift Card must be registered by an Account holder within 24 months from the date of delivery following which it will expire automatically. After that date, the Lucky Gift Card cannot be used and will become invalid and no longer available for use. We have no obligation to remind or inform you of a gift card’s expiry and it is your sole responsibility to ensure that it is registered by an Account holder prior to expiry.
6.3 You are solely responsible for the safe keeping and security of your Lucky Gift Card following purchase. We cannot be held responsible for any unauthorised use where the relevant details have become known to another party.
6.4 Once a Lucky Gift Card has registered and an Account created, it is non-refundable.
6.5 We reserve the right to reject any gift message which includes any content or material which:
6.5.1 is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
6.5-2 contains material, which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
6.5-3 may harass, upset, embarrass or alarm any person;
6.5-4 gives the impression that it emanates from or has been approved by us; or
6.5-5 advocates, promotes or assists any unlawful act.
7. Opening an Account
7.1 Accurate details
7.1-1 As the recipient of a Lucky Gift Card, you will receive an email informing you of the purchaser’s gift to you, a unique voucher code and the URL to be used to register the Lucky Gift Card. In order to participate in the Pool and obtain the opportunity to get any Earnings, you must open an Account with us by registering it at the URL provided.
7.1-2 You must ensure that the details you provide when opening your Account are accurate and kept up to date. You can access your own individual account information (including details of Earnings, the next Crypto Millions Lotto Draw, and Crypto Millions Lotto recent results) at all times in the “My Account” page of the Site and amend such information from time to time. We do not accept responsibility for any consequences that might arise resulting from acting on the basis of information you have provided which may have changed but has not been updated or otherwise informed to us.
7.2 Account security
7.2-1 When you open your Account, you must provide a valid email address and choose a password. It is your responsibility to ensure these details are secure and private. Any interaction with the Services from your Account, where the correct security information has been provided, are deemed by us to be valid and will be your sole responsibility.
7.2-2 If you wish to open more than one Account (i.e. where you have two or more Lucky Gift Cards), each account must have a separate email address and password. If another person accesses your Account, you are solely responsible for all their actions, whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, losses, expenses and damages arising in connection with the use of, or access to, your Account by any third party.
7.2-3 If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so we can provider new security details.
7.3 Management of your Account
7.3-1 We will manage your Account, calculate available funds and the amount of any Earnings. Unless proved otherwise, these amounts will be considered final and deemed to be accurate.
7.3-2 Accounts are not interest bearing and no interest will be paid in respect of any funds held in your Account.
7.3-3 Without prejudice to our rights under clause 13, we reserve the right at our discretion to:
7.3-3 (a) refuse to open an account without having to provide any justification. In this case any contractual obligations already arisen, shall be honoured;
7.3-3 (b) verify to our satisfaction your identity and any other personal data provided when registering with the Site;
7.3-3 (c) monitor your transaction activity; and
7.3-3 (d) request any additional information concerning you, your possible involvement in political and/or public functions, your business profile, including your sources of income and any relevant documentation corroborating such information, carry out any further activity and/or take any other action as it may be required by the applicable Anti Money Laundering/Funding of Terrorism legislation.
8. Participating in a Pool
Once you register your Account you will automatically be entered via the Pool into the next Crypto Millions Lotto Draw. You do not need to do anything more to participate. You can check the tickets which the Pool has entered into a Crypto Millions Lotto Draw via your Account dashboard.
8.1 Connection problems
Any failure on your part, including but not limited to network connection or computer problems, will not void your entry into Pool. You should therefore check whether you have been so entered via your Account dashboard.
8.2 Hardware malfunctions
Any system malfunction and/or hardware malfunction affecting us will void the Services affected by such malfunction and no Earnings of any nature whatsoever will be due on such Crypto Millions Lotto Draws taking place during the period of system/hardware malfunction.
9.1 How do you know if you have received any Earnings?
You can view your Earnings in the “My Account” page on the Site.
9.2 What currency are Earnings paid in?
All Earnings are paid in bitcoin.
9.3 Deductions applied to Earnings
You are responsible for any local taxes or duties that might be due or incurred and you are responsible for reporting your Earnings to the tax authorities in your jurisdiction should this be required.
10. Non-payment of Earnings
10.1 We may void and shall be entitled not to pay any Earnings:
10.1-1 if you have provided false or misleading information as part of, or in connection with, your Account or otherwise in connection with the Site and/or Services;
10.1-2 if you have been involved in any collusion or fraud-related activities in relation to your interaction with us, in the operation of your Account or otherwise in connection with the Site and/or Services;
10.1.3 if we discover that the Gift Card Purchaser is/was under 18 (or under the relevant age in their location for the lawful purchase of a Lucky Gift Card).
11. Promotions (Priority Club)
11.1 We may operate a ‘Priority Club’, which will enable those registering to receive details of promotions and special offers selected by us.
11.2 Registration for the Priority Club will take place by entering your details on the relevant part of the Site. Only those who are over 18 may register and we reserve the right to prevent registration and/or terminate your registration if we discover you are not of the qualifying age.
11.3 All other Site Terms apply.
12. Bitcoin in your Account
12.1 How bitcoin in your Account is held
Any bitcoin, which is in your Account will be held by us for you in a segregated account.
b12.2 Using the bitcoin/withdrawing bitcoin
12.2-1 You can use bitcoin in your Account to (i) accumulate your Earnings by leaving it there, (ii) make withdrawals to a Wallet, (iii) spend or transfer/gift it.
12.2-2 To withdraw bitcoin at any time from your Account, you must log-in, go to the ‘Withdraw’ section, enter the details of your Wallet address and press ‘send’.
12.3 Minimum withdrawal amounts
The minimum withdrawal amount is the bitcoin equivalent of US$10.
12.4 Refunds to incorrect details
We cannot refund withdrawals made to an incorrect Wallet.
12.5 Mistaken and erroneous payments
You shall immediately inform us in the event that any Earnings are paid to you in error and forthwith return such amounts to us in accordance with instructions that we provide you. We shall be entitled to deduct any payments made to you in error from your Account. If you have withdrawn bitcoin mistakenly credited to your Account, you will owe us such amounts and we will seek to recover those amounts from you.
12.6 What happens to my bitcoin in the event of insolvency?
Bitcoin held on behalf of you do not form part of the assets of our company and in the event of insolvency are protected from any claims by creditors of our company.
13 Suspension and termination
13.1 Your termination rights
We may suspend access to the Services immediately and without prior notice:
13.1-1 if you have or we have reason to believe that you have provided false or misleading information as part of or in connection with your Account or otherwise in connection with the site and the Services available through it; are involved in any fraud-related activities; or are in breach of any other material provision of these Terms;
13.1-2 if the information you have provided to us is, in our opinion, not satisfactory or shows that you are ineligible or not permitted to use our Services;
13.1-3 if you have allowed a third party to interact with the Services using your Account or if we believe that you are acting on behalf of another person or that another person is acting on your behalf;
13.1-4 if we believe that you are using or intend to use the Services or your Account for any criminal or other illegal purpose (including, without limitation, money laundering) under any law applicable to you and/or us or to create any speculative, misleading or fraudulent scheme or purpose;
13.1-5 if there is an ongoing dispute as to whether Earnings are payable to you or as to the amount of the Earnings payable to you or if we, you or someone else has applied to a court to determine to whom the Earnings should be paid;
13.1-6 if you are in material breach of any of the Terms;
13.1-7 if at our discretion, we consider that your conduct or actions or use of the Account compromises our position in any manner; or
13.1-8 if we cease to offer the Services.
13.2 Effect of suspension
In the event of our suspension, you will not be entitled to participate in Crypto Millions Lotto Draws other than those in relation to which you were entered prior to the suspension.
14. Site, links and banners
14.1 Changes to the Site
14.1-1 We reserve the right to make changes or corrections to, and to alter, suspend or discontinue any aspect of the Site or the Services from time to time. We are not responsible for any promotional links or advertising banners of third-party advertisers on the Site.
14.1-2 Whilst we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy or completeness of the material on the Site or any part of it. The Site may contain typographical errors or other inaccuracies, or information that is out of date.
15.1 Limited warranties
We will endeavour to provide the Services using reasonable care and skill. Subject to clause 15.6, we make no further warranty, undertaking or representation, whether express or implied in relation to the Services provided by us to you and all warranties or conditions are hereby excluded, to the fullest extent permitted by law.
15.2 Avoidance of errors
We reserve the right to correct errors on the Site and/or in relation to the Services at any time.
15.3 No warranties
15.3-1 The Site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. We hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
15.3-2 WHP and WOL cannot and do not guarantee that:
15.3-2 (a) the Site will be available at any specific time or for any specific period;
15.3-2 (b) the Site’s features, functionality or performance will meet the user’s requirements or those of third parties;
15-3-2 (c) the Site or its features and functionality are, or will be, compatible with, or available on, the Device or system used by anyone to access the Site.
15.3-3 WHP and WOL do not guarantee that the Site will be free of bugs, security breaches, or virus attacks. The Site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that WHP and WOL will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, overload of our or other servers, delay or failure in transmission, or any alteration or distortion of data.
15.4 No exclusion of liability
Nothing in these Terms shall exclude or limit our liability:
15.4-1 for fraud;
15.4-2 for death or personal injury caused by our negligence; or
15.4-3 where it is not lawfully permitted to exclude or limit any such liability.
15.5 No representations
15.5-1 You acknowledge and agree that in accepting these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms) unless expressly set out in these Terms.
15.5-2 Subject to clause 15.4, our entire and aggregate liability to you, whether under contract, tort, negligence or otherwise in connection with the Services provided by us to you is strictly limited to a maximum of US$10,000 (ten thousand US dollars).
15.6 No indirect or consequential losses
We accept no liability for any indirect or consequential loss or damage of any kind however arising including for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill, loss of data, waste of management or office time, whether under contract, tort (including negligence) or otherwise. This clause does not affect your statutory rights.
15.7 Your indemnity
You will indemnify us and keep us fully indemnified against all and any costs, losses, damages and expenses which we may suffer or incur (directly or indirectly) arising out of or in connection with any claim, legal proceedings or demand made by anyone in connection with or arising out of any and all of the following:
15.7-1 your breach of these Terms;
15.7-2 your criminal or unlawful act(s) or omission(s); and
15.7-3 your misuse of this Site, your Account or any of the Services.
16.1 If you have any questions or complaints regarding the Site, including with respect to our Services you may (i) email us at [email protected], (ii) submit an inquiry to us by using the ‘Contact Us’ option that is provided on the Site; and/or (iii) chat with us via the online tool that we provide on the Site.
16.2 When submitting a complaint, please ensure to include clear information regarding your identity and all relevant details which gave rise to the dissatisfaction so that we can clearly identify the issue of concern. We use commercially reasonable efforts to respond as quickly as possible and will do so within 10 days from the date on which the complaint was submitted to us.
17. Miscellaneous provisions
17.1 Tax and deductions
You are responsible for any local taxes or duties that might be due or incurred and you are responsible for reporting your Earnings to the tax authorities in your jurisdiction should this be required.
We will use reasonable endeavours to avoid any error in the information published on the Site, registration or other action in respect of Accounts, notification of Earnings or otherwise in respect of the operation of Crypto Millions Lotto Draws, Accounts, Services and the Site, and reserve the right to correct any errors, but beyond this no warranty is given. In the event that we cannot contact you the terms of clause 9 shall apply.
17.3 Written communications
When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge and agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal or regulatory requirement that such communications be in writing.
All notices given by you to us must be sent to us by email, details of which are on the Site. We may give notice to you in any of the ways specified in clause 17.3. Notice will be deemed received and properly served immediately when posted on the Site, or 24 hours after an email is sent to you.
17.5 Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract or these Terms that is caused by events beyond our reasonable control (Force Majeure Event). Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.5-1 strikes, lock-outs or other industrial action;
17.5-2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, military and/or civil armed conflict, war (whether declared or not) or threat or preparation for war;
17.5-3 fire, explosion, storm, flood, hurricane, earthquake, subsidence, epidemic or any other natural disaster;
17.5-4 the postponement or cancellation of any Crypto Millions Lotto Draw;
17.5-5 impossibility of the use of public or private telecommunications networks;
17.5-6 delays, losses, errors or omissions in or made by the banking or cryptocurrency network; or
17.5-7 the acts, decrees, legislation, regulations or restrictions of any government, government agency or regulator.
If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
If any of these Terms or any provisions of this contract are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.8 Entire agreement
These Terms expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently).
17.9 Third party rights
Unless otherwise expressly stated within this contract, nothing within these Terms shall create or confer any rights or any other benefits or otherwise in favour of any person other than you and us.
17.10 No partnership or agency
Nothing in these Terms is intended or should be construed as creating any partnership, agency or any other form of joint enterprise between you and us.
17.11 Governing law
Each party irrevocably agrees that this agreement is made subject to English law. The courts of England will have exclusive jurisdiction in respect of any dispute arising from or related to these Terms or the Site Terms or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Site Terms or their subject matter or formation. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
These Terms and Conditions have been prepared in various languages. In the event of any inconsistency, the English version shall apply and be binding upon the parties.