Terms and Conditions

IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SMSLOTTOME SMS BETTING SERVICE.

1. Acceptance of Terms

These terms and conditions ("Terms") are a legal agreement between you and SMSLottoMe Limited ("Company", "we" or "us") for using the online SMS betting service ("Service") at www.3099.co.uk ("Site"). They cover your participation in the fixed odds numbers games made available by the Company on the Site ("Game" or "Games"). By accessing any part of the Site or by using the Service you agree to be bound by the Terms in full. If you do not wish to accept any of the Terms you should not continue to use the Site and you must not continue to use the Service.

These Terms do not affect your statutory rights.

2. Variation of Terms

The Company may update the Terms from time to time. You should periodically review the Terms for changes; although where changes are made we will notify you by putting a notice on the Site. If you continue to use the Service after the date on which any changes come into effect, your use of the Service indicates your agreement to be bound by the new Terms. If you do not wish to accept the new Terms you should discontinue your use of the Service.

3. Company

The Company is registered as a limited company in England and Wales under registration number 05082811. The Company's registered office and its address for service is at Adelaide House, London Bridge, London, EC4R 9HA. The Company's VAT number is 840 6026 54.

The Company is Regulated by the UK Gambling Commission and maintains a Remote Casino Operating Licence, number 000-001930-R-104156-003. www.gamblingcommission.gov.uk

4. Eligibility

To use the Service and play the Games you must:

(i) be eighteen years of age or over; and

(ii) be registered as being eighteen years of age or over with your mobile operator.

Employees, directors and officers of the Company and their families, agents and affiliate companies are not eligible to play the Games. The Service is only available to you if you are resident in a country where the placing of bets by you to play a Game is allowed by the laws of that country. The Company does not intend for anyone to play a Game where it is illegal. Your participation in any Game is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your participation in a Game is legal in the country where you live.

The Company may, at any time, limit your entries or bar you from entering any Game, without giving reasons. You do not have a right to purchase entry to any Game.

5. Prize Disputes

In the event of a dispute over payment of any prizes the Company shall assume that the person who is the registered owner of the mobile number from which a valid entry is received is the person entitled to receive any prizes, winnings or other benefits. The record received and maintained by the Company of the chosen numbers comprising your bet will be determinative. The Company is not obliged to enter into any correspondence in the event of a dispute and its decision about the winning numbers and identity of a winner shall be final. If the Company pays a prize to a person who was not eligible to play a Game, such prize shall be repayable by that person to the Company on demand.

6. Void Bets and Incomplete Text Messaging

Your bets may be voided (as well as winnings forfeited) by us if we have a justifiable concern that you have participated fraudulently in the Games, have attempted to tamper with any of the Games or have breached any of these Terms. Prizes will also be forfeited if you are unwilling or unable to provide us with details of your bank account or provide inadequate identification (see below for Payment of Prizes). Bets will be voided in all cases where for technical or other reasons the text message from you is not received or fully received by us. You will be notified as soon as possible that your bet has been voided. The Company reserves the right to void all bets due to system errors or failures or in errors generating random numbers. Should there be such an error or failure, the Company shall return all stakes made by you in relation to such voided bets. When there are System, Network or SMS Gateway delays we will queue your bet for entry in the next available game. After receiving your bet, if we are unable to verify for any reason that you have sufficient credit to pay the Â£1.50 entry charge your bet will be cancelled and void.

7. Service Description

The Games are fixed odds games. By playing a Game you acknowledge that its outcome is not pre-determined and does not involve the exercise of any skill or judgment. You also acknowledge that the chance of winning any prize in a Game are exactly the same for each entry and the odds are not affected by previous entries or the number of prizes previously won in that Game.

The method of entry for each Game is described in The Games section of the Site. The cost of placing each bet is £1.50 plus your normal text message charge (which is the cost of sending your entry text message) for which you will be charged by your mobile operator. When we have received your entry text message we will send a signal to your mobile phone being used to find out if it has sufficient money on it to cover the £1.50 entry charge, this message will notify you of your entry. If you do not have sufficient credit your entry will be cancelled and void. We will send you a text message notifying you that your entry has been cancelled due to insufficient credit

The £1.50 entry cost is broken down and used as follows;

£0.22 VAT
£0.37 T-Mobile
£0.08 SMS Gateway
£0.83 SMSLottoMe

The returns (i.e. the prizes) will be as posted on the Site from time to time. Please refer to the Site if you want to be reminded of the prizes before placing your bet. The cost of your bets will be charged to your mobile phone bill. All amounts on the Site are expressed inclusive of VAT where payable, unless otherwise stated.

It is your responsibility to ensure the details of your bets are correct. Once you have made a bet you cannot withdraw, alter or vary your bet. You will be notified by SMS text messaging direct to you mobile handset if you have won or lost. The winning numbers of the Games will also be posted on the Site.

8. Game Restrictions

We will accept a limited number of entries on any one number in each Game. These limits are as follows:

Instant Game: 6 entries in every 1,000;

Hour Game: 6 entries in every 10,000; and

Day Game: 6 entries in every 100,000.

9. Responsible Betting

In order to promote responsible betting you are limited to a maximum of 15 plays in any 7 (seven) day period. You should not bet any more than you can comfortably afford to spend. If you consider that you may have a gambling problem please contact Gamcare at www.gamcare.org.uk.

You can choose to block your phone at anytime by following the instructions on the Site, which you acknowledge will prevent any bets being placed from the relevant mobile number for a minimum period of 26 weeks or a greater period of time chosen by you, up to 999 weeks.

10. Payment of Prizes

We shall pay you your prizes no later than 7 working days after you have made a valid claim. Due to the cost of cash payments all prizes claimed with a value of less than £5.00 will accrue a payment charge of £0.10 (10p). This will be deducted from the prize payment before payment to you. Prizes will be paid direct to your bank or building society account, the details of which you will need to supply via the Site after you have been notified that you have won a Game. This information will be kept confidential and stored and used in accordance with our Privacy Policy. We reserve the right to request from you specific forms of identification prior to payment of prizes. The maximum prize money that you can win in any 24-hour period is £15,000. No prizes will be due on voided bets and our determination of the winning entries will be final. You must claim your prize within 180 days of being notified that you have won a Game. After this time, no prizes will be paid. When you receive a prize, it is your responsibility to ensure that you have received the full amount. If, in the reasonable belief of the Company, the person claiming the prize is not the authorised holder of the relevant mobile phone or has not been authorised by the person or company responsible for paying the bills for that mobile phone to play a Game or the information required to claim a prize is incomplete, the Company shall not be obliged to pay the prize.

You agree that if the Company is required by any applicable law or regulatory body to provide your personal details or any prize you have claimed, the Company shall be entitled to do so.

11. Suspension or Termination

The Company may suspend or terminate your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms.

Paragraphs 12,13 and 14 of these Terms shall survive cancellation.

12. Intellectual Property

The content of the Site, including the Games, is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site or in the Games without written permission from the Company. No intellectual property rights relating to the Site shall be acquired by any player of any Game.

13. Your use of the Site

You agree that you will not use the Site for any of the following purposes:

transmitting material that would cause or be likely to cause any harm to the Company's computer system or any other computer system;
transmitting any unlawful, harassing, libelous, abusive, threatening, harmful or otherwise objectionable material;
transmitting material containing any form of junk mail, chain letter, game or "spam";
interfering with any other person's use of the Site; or
gaining unauthorized access to other computer systems.

14. Exclusion of Liability

Although the Company will use reasonable skill and care in providing the Service and the Games, it gives no other warranties or guarantees in relation to the Service or the Games. You must bear the risks associated with use of the Internet.

In particular, we disclaim all liabilities in connection with the following:

any late or undelivered entries, registrations or communications due to, without limitation, your mobile phone device being out of reception or off or your message mailbox being full;
any delays, errors or omissions in the payment of prizes due to a banking system, postal service or other delivery service;
any form of technical failure, error or malfunction in the Site and/or our systems;
incompatibility of the Site with any of your equipment, software or telecommunications links; or
any other event beyond its reasonable control that may cause the operation of a Game and/or the Service to be disrupted, unavailable or incorrect.
The Company reserves the right to withdraw the Service or any part of the Service at any time and will not be liable to you as a result of such action.
You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption.

Nothing in these Terms shall exclude the Company's liability for personal injury or death caused by its negligence.

15. Personal Information

Any personal information you supply will be used in accordance with our Privacy Policy. However, by using the Service you are deemed to consent to the use of your name for publicity and commercial purposes without further compensation or permission. You must ensure that the details provided by you at any time are correct and complete. You may access certain details regarding your transaction history by going to the "Claim Your Prize" tab of the Site and following the instructions. The Company will make available the last six months details relating to transaction history, the total number of entries, winnings and costs for your mobile number. If you want more information please write to the Company.

16. Contact

Your feedback is important. In the unlikely event of you being dissatisfied with the Service, please contact us via e-mail: enquiries@3099.co.uk or phone 01580 819385. The Company will endeavour to respond to you within one working day.

17. General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

A person who is not party to these Terms shall have no right under The Contracts (Rights of Third Parties) Act 1999. These Terms shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

If you breach these Terms and the Company ignores this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these Terms.

25th June 2008