1.1 The Gaelic Athletic Association (“GAA”) is an Irish international amateur sporting and cultural organisation, focused primarily on promoting indigenous Gaelic games and pastimes, which include the traditional Irish sports of hurling, camogie, Gaelic football, Gaelic handball and rounders. The association also promotes Irish music and dance, as well as the Irish language.
1.2 Elphin GAA Club (“the Club”) which is a member of the Gaelic Athletic Association is a voluntary organisation whose objective is to promote Gaelic Games for the people of its locality.
1.3 Réitigh Cliste Teo, trading as Smart Lotto (“Smart Lotto”) is an organisation that helps clubs, voluntary organisations and charities raise funds through their online platform / interactive games website. Smart Lotto regulate under the guidance given by local and national authorities.
1.4 Elphin GAA Club is licensed by the Irish District Court under the Gaming and Lotteries Act 1956 to operate a lottery of which all funds are raised for charitable and philanthropic purposes.
1.5 Elphin GAA Club have engaged the services of Smart Lotto for the purpose of operating their lottery and for raising funds through the Smart Lotto online platform/ interactive games website. The online platform/ interactive games website which is accessed via https://games.smartlotto.ie/#/pages/lotto/play?c_id=5f55e6f72ad82a3ca9d2d7fe or https://elphingaa.com/playlotto (the “Website”) is owned by Smart Lotto and the Website is operated by Smart Lotto on behalf of Elphin GAA Club. All monies raised through the Website on behalf of Elphin goes directly to Elphin GAA Club. All costs of running the lottery including prize payments are incurred by Elphin GAA Club.
1.6 Together Elphin GAA Club and Smart Lotto are referred to collectively herein as “we”, “us” or “our”. A number of terms are defined throughout these Terms and Conditions and are outlined in the “Definitions” section.
1.7 YOU MUST BE AGED AT LEAST EIGHTEEN YEARS, TO PLAY THE GAME
1.8 By visiting the Website and/or by registering and/or using the Website, you agree to be bound by the Terms and Conditions (the “Terms and Conditions”) which set out the various rules and procedures that you will need to follow in order to access and use this Website and to open and maintain your Player Account. These Terms and Conditions also provide information on playing Games and apply to all Games played on the Website. We will also issue Game Rules for specific Games and We recommend that you are familiar with the Terms and Conditions and Game Rules before playing any Game(s). The Game Rules (Section 16) and the Data Privacy Statement (Section 17) are hereby incorporated into and form part of these Terms and Conditions.
1.9 Please read the following Terms and Conditions, and the Games Rules, carefully as they are the legal terms you agree to abide by when you access and use this Website and when you open an account to play our games online. We strongly recommend that you print a copy of these Terms and Conditions for your own records.
2.1 We reserve the right to amend the Terms and Conditions at any time, as may be required for a number of reasons including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance, or recommendations from a regulatory body, or for customer service reasons.
2.2 If we make material changes to the Terms and Conditions, we will give you as much prior notice of such changes as is reasonably practicable but, in any event, customers will be notified of material changes before they come into effect. Material changes will be communicated to you via email and/or mobile messages. Your continued use of the Website after being notified of the material changes, will be deemed to be your acceptance of the changes. If you do not agree to the material changes, then you should not use the Website, but you shall always be able to withdraw your funds subject to the Terms and Conditions.
3.1 In order to register an account (an “Account”) with us you hereby agree, warrant, and represent that:
3.1.1 You are at least 18 years of age. We reserve the right to request proof of age documentation from any applicant or customer at any time and to void any Play with minors.
3.1.2 You agree to provide accurate registration information when opening your Account, including without limitation your correct date of birth, together with valid identification proving same, your country of residence, your current address, email address and personal telephone number. You further agree to inform us of any changes in such details.
3.1.3 You acknowledge that you are opening your Account with us solely for your personal use and are acting as a principal and not as an agent on behalf of a third party.
3.1.4 You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party.
3.1.5 You are entirely responsible for complying (and that you comply) with your own local, national, federal, state, or other laws concerning Gaming and Lottery prior to opening an Account or using the Website. In particular, if you are located in a country where use of the Games on our website is prohibited, you must not (i) register with us (ii) attempt to use the Website; or (iii) use your payment card or other payment method on our Website.
3.1.6 You are legally capable of entering into binding contracts, including these Terms and Conditions and each subsequent Play (which shall be governed by these Terms and Conditions).
3.1.7 You are not prohibited for any reason from Playing with us or from using the Website; and
3.1.8 You are not currently subject to any self-exclusion from Gaming and Lottery.
3.2 The availability of our Website does not constitute an offer, solicitation, or invitation by us for the use of our Games in any jurisdictions in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state, or other laws that may occur as a result of you using the Website.
3.3 In the event that you are found to have breached any of the Terms and Conditions:
3.3.1 We may cancel any Play you may have made.
3.3.2 We shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Play you made; and
3.3.3 We may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
4.1 To open an Account, click on the Website and follow the on-screen instructions. Each customer will choose their own confidential username and password.
4.2 It is the responsibility of each customer to ensure that all personal details are current and up to date, as failure to do so may result in Plays or payments being declined. You can update your personal details via the Websites, email, by telephone.
4.3 In opening Your Account, you warrant that:
4.3.1 You understand and accept the risk that, by using the Website, You may, as well as winning money, lose money.
4.3.2 You are: (a) over 18 years of age; and (b) above the age at which lottery activities are legal under the law or jurisdiction that applies to You (the “Relevant Age”).
4.3.3 Lottery is not illegal in the territory where You reside.
4.3.4 You are legally able to enter into contracts.
4.3.5 You have not been excluded from Gaming and Lottery; and
4.3.6 You have not already had an Account closed by us.
4.4 Your Account must be registered in Your own, correct, name and personal details and it shall only be issued once for You and not duplicated through any other person, family, household, address (postal or IP), email address, Access Device, or any environment where Access Devices are shared (e.g., schools, workplaces, public libraries etc) and/or account in respect of the Website. Any other accounts which You open with us, or which are beneficially owned by You in relation to the Website shall be “Duplicate Accounts”. We may close any Duplicate Account (but shall not be obliged to do so).
4.5 If we close a Duplicate Account:
4.5.1 all funds obtained using that Duplicate Account will be void and forfeited by You.
4.5.2 we may, at our entire discretion, void all winnings and refund all deposits (less amounts in respect of void winnings) made in respect of that Duplicate Account and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded to us by You in respect of a Duplicate Account may be recovered by us directly from any other of Your Accounts (including any other Duplicate Account); or
4.5.3 we may, at our entire discretion, allow usage of the Duplicate Account to be deemed invalid in which case all funds remaining in the Duplicate Account shall be retained by us.
5.1 You warrant that:
5.1.1 the name and address you supply when opening Your Account are correct; and
5.1.2 You are the rightful owner of the money which you at any time deposit in Your Account.
5.2 By agreeing to the Terms and Conditions You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the “Checks”). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information You have provided us, including in relation to any deposits which You have made into Your Account. You may be required to provide proof of funding. The depositing source should be under Your name via either card or bank transfer. You may also be required to provide the relevant bank statement showing the deposit.
5.3 Whilst we are undertaking any Checks from time to time, we may restrict You from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact us.
5.4 In certain circumstances we may have to contact you and ask you to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that You provide us with a certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references and any documentation that validates your source of funds (“Identification Documentation”). You may, at any point, be required to provide a live photo of you holding the Identification Documentation. Where we are unable to complete these Checks using the Identification Documentation provided, we may require that you provide us with a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction. Until such information has been supplied to our satisfaction, we may prevent any activity to be undertaken by You in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account until such time that we are able to confirm that the information you have provided is correct. We may also, where we have concerns as to the source of any funds deposited, withhold any funds deposited in Your Account until the time that
(i) any such concerns are resolved; or
(ii) the matter is referred to the relevant authority.
5.5 It is an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant Age, then we will suspend Your Account until such time that we are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gaming transactions with us, then Your Account will be closed, and;
5.5.1 all transactions made whilst You where underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable.
5.5.2 any deposits made whilst You were under the Relevant Age will be returned to You; and
5.5.3 any winnings which You have accrued during such time when You were under the Relevant Age will be forfeited by You and You will return to us on demand any such funds which have been withdrawn from Your Account.
6.1 After opening Your Account, you must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username and password to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.
6.2 All transactions made where Your username and password have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username and password to anyone else (whether deliberately or accidentally).
6.3 If You have lost or forgotten Your Account details or have reason to believe that such details are known to an unauthorised third party, please contact us immediately for a replacement.
6.4 The username and password must be kept confidential by the customer. All Plays where a customer’s username and password have been correctly entered (which may be as a result of customer negligence) will be regarded as valid, provided that:
6.4.1 The Play meets the other criteria as laid down in these Terms and Conditions; and
6.4.2 We have no other reason to believe at the time of acceptance of the Play that the Play was not placed by you.
6.5 Subject to the foregoing, we will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorised use of your Account, whether fraudulent or otherwise. You agree to indemnify us and hold us harmless against any costs, claims, damages, and expenses arising in connection with the use of, or access to, your Account by any third party as a result of your negligence, breach of these Terms and Conditions, fraud, dishonesty, or criminal activities.
6.6 Please contact Smart Lotto at [email protected] as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible (by both email and telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
6.7 We recommend that you disable any automatic password memory in your browser prior to using the Website. This will help to limit the risk to you of unauthorised use of your Account.
6.8 We reserve the right to refuse to register you as an Account holder, either with or without cause. We reserve the right to suspend or terminate your Account at any time, either with or without cause, upon notice (we will use our reasonable endeavours to give such notice to you either before or after suspending or terminating your account). Following termination or suspension of your Account, we will endeavour, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms and Conditions.
7.1 The Website is for your personal and non-commercial use only.
7.2 You agree that you are solely responsible for:
7.2.1 all costs and expenses you may incur in relation to your use of the Website; and
7.2.2 keeping your password and other account details confidential.
7.3 The Website is intended for use only by those who can access it from within Ireland. If you choose to access the Website from locations outside of Ireland, you are responsible for compliance with local laws where they are applicable.
7.4 We seek to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us at [email protected].
7.5 As a condition of your use of the Website, you agree to comply with our Terms and Conditions.
7.6 We may prevent or suspend your access to the Website if you do not comply with any part of these Terms and Conditions, any terms, or policies to which they refer or any applicable law.
7.7 You acknowledge that
7.7.1 Lower Tier Prize Winners will be paid to Your Account.
7.7.2 Jackpot Prize will be paid by cheque, stamped “Account Payee Only”, to the address specified in Your Player Account. Jackpot Prizes will be paid by cheque, stamped “Account Payee Only” upon the completion of a Elphin GAA Lotto Jackpot Claim Form and provision of a copy of your valid passport or driving licence as proof of your identity and age.
7.7.3 all Prize winners must adhere to the Prize validation requirements set out in Sections 11 to 14 of these Terms and Conditions.
8.1 If You wish to participate in the Game, you must deposit monies into Your Account from an account or source of which You are the account holder. The depositing source must be personal and not from corporate or business cards/accounts, this includes third party payments and transfers of monies from an unconnected person to that of the account holder. Such monies may then be used by You to Play. If You use a payment method in respect of which You are not the account holder, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks.
8.2 You further agree not to make any chargebacks, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting Your deposit. For the avoidance of doubt Your Account shall not be used by You as a bank account and, should we become aware of deposits into and withdrawals from Your Account without commensurate gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the account). Monies deposited with us in Your Account shall not attract interest.
8.3 To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings and losses arising from your participation in the Game.
8.4 We will only credit the Wallet in Your Player Account once We have received authorisation from Your financial institution. You may only credit the Wallet in Your Player Account up to a maximum value that We may specify from time to time. You are not permitted to credit the Wallet in Your Player Account with an amount less than a minimum figure of €5 which we have specified on the Website.
8.5 In addition, you may adjust Your Player Account settings to limit the Draws that You may play.
8.6 You may at any time withdraw all or any un-utilised Funds from the Wallet in Your Player Account by contacting the Help Desk and advising them that You wish to withdraw your unutilised Funds. We will then issue such funds to You by cheque, stamped “Account Payee Only”, or by other means that We deem appropriate.
8.7 You may only purchase Draws up to the amount available in the Wallet in Your Player Account.
8.8 You may at any time suspend or close Your Account by contacting our Help Desk and advising them that You wish to suspend or close Your Account. If You opt to suspend or close Your Account any funds in Your Wallet will be returned to You by the club, You will not receive any marketing messages from us after You suspend or close Your Player Account.
8.9 You will not receive or be entitled to interest on any funds or prizes associated with any funds deposited in Your Account.
9.1 It is Your responsibility to ensure that the details of any transaction that you place using the Website (a “Transaction”) are correct in the following manner:
9.1.1 When using the Website (either directly, through an application or otherwise) in accordance with the relevant game rules, as appropriate.
9.1.2 Your Transaction history can be accessed by you by clicking our Account on the Website, or through our Customer Services team (including by opting to receive a written statement).
9.1.3 No Transaction is accepted by us until You have given the appropriate confirmation (or it has otherwise been accepted by us).
9.1.4 If You are in any doubt as to whether a Transaction has been accepted successfully, you should contact us.
9.1.5 Once a Transaction has been accepted by us, you cannot cancel the transaction unless we agree otherwise.
9.2 We may cancel or amend a Transaction pursuant to the provisions of Section 5 (Verification of Your Identity), Section 25 (Collusion, Cheating, Fraud and Criminal Activity) or Section 36 (Errors and Suspected Errors).
10.1 Before any Prize can be paid it must be validated in accordance with our Prize validation requirements as set out in Sections 11 to 14.
10.2 Without prejudice, we reserve the right to declare a Prize claim invalid, and not to pay any Prize if:
10.2.1 The Prize claim is the result of an act perpetrated by a Claimant or other person which was intended to increase the chances of that Claimant and/or other person winning a Prize in that Draw above those enjoyed by other Players of the Draw, [or to increase that Prize]; or
10.2.2 The Prize claim is counterfeit, has been forged in whole or in part or fails to pass our confidential validation and security tests; or
10.2.3 The Prize claim is not received by Us within the advertised time limits for claims; or
10.2.4 The Play Number of a Prize on a particular Draw does not appear on our file of Valid Winning Plays or the relevant Prize in relation to the Valid Winning Play with that Play Number has been paid previously; or
10.2.5 The details associated with the Play Number of a Prize claim do not match our file relating to that Play Number; or
10.2.6 We reasonably believe that a claimed Prize was purchased by a person prohibited under the Draw Rules from purchasing Plays; or
10.2.7 We reasonably believe that the person claiming the Prize is not the holder of the relevant Player Account or his duly authorised representative or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or
10.2.8 We have not issued or sold the Play; or
10.2.9 The Play is not a legitimate Play; or
10.2.10 the Play Number, Play Symbols and Captions (where applicable) or any other unique feature of the Prize claim do not correspond precisely with those on the Interactive System in respect of the Draw to which the Prize claim relates and/or the Prize claim is defective, in whole or in part in any other way; or
10.3 You are only entitled to claim the Prize(s) for which the Valid Winning Play is eligible and not any other Prize or any otherwise unclaimed Prize for that Game.
10.4 We reserve the right to withhold payment of a Prize until We are entirely satisfied as to the validity of a Play and that You have not breached any of these Terms and Conditions and have complied in all respects with the Game Rules, and We reserve the right to call for proof of entitlement to a Prize (including, without limit, proof of identity, age, and capacity to claim) and to recover a Prize already incorrectly paid into the Wallet in a Player’s Account.
10.5 We reserve the right to photograph You or any Claimant for security purposes.
11.1 Your eligibility to win a Prize is subject to the Prize Validation Exceptions described at Section 10
11.2 Subject to the provisions of these Rules:
11.2.1 We will credit Your Player Wallet with a Low Tier Prize.
11.2.2 You will need to claim any Jackpot Prize by attending in person at Elphin GAA Club* and We will pay such Prizes subject to completion of a satisfactory validation process, including but not limited to verification of Your identity and age. When a Jackpot Prize claim is made, we will pay the Prize by cheque, stamped “Account Payee Only”.
*While the COVID-19 health restrictions are in place, prize winners may be unable to attend Elphin GAA Club in order to claim their Prize. In order to assist prize winners with making a claim during these restrictions, postal claims can be facilitated under certain circumstances. Please contact us for assistance.
11.2.3 We will reserve the right to request verification of identity and proof of age documentation at any time from any applicant or Player and will close an account and return any un-utilised funds in the account in the event that an applicant or Player, subsequent to registration, is identified as underage.
11.2.4 Jackpot Prizes must be claimed within 30 days set by club of the relevant Draw for Draw-Based Games played.
11.2.5 If the Jackpot Prize remains unclaimed after 45 days, we will use reasonable endeavours to contact You, however if for any reason We are unable to contact You, the Jackpot Prize not claimed within the 90-day period in the manner specified in these Terms and Conditions shall, at our discretion, be forfeited.
11.2.6 In the case of Advance Plays for Draw Based Games Played, the time limit will expire 90 days after the relevant Draw date for which the Play is eligible.
11.3 If You wish to claim a Prize in person, You must present the completed Prize Claim Form and any other Identification Information that We may require (including, without limitation, the relevant Play Number and copy of valid passport or driving licence [if applicable]) at Elphin GAA Club within the 90 days referred to above.
11.4 In the event that a single draw contains multiple winning entries, the Jackpot Prize shall be shared and divided equally.
12.1 We will require the completion of a Prize Claim Form for any Jackpot Prize and reserve the right to require the completion of a Prize Claim Form for Low Tier Prizes.
12.2 All Prize Claim Forms must be completed in the name of, and signed by, the relevant Player Account holder and submitted with such Identification Information that We will require and specify from time to time. We reserve the right to withhold payment of Prizes where the Prize Claim Form is incomplete or is not submitted with the required documentation.
12.3 Notwithstanding Section 14, if You are unable to complete a Prize Claim Form due to some legal, physical, or other disability, please contact Us and We will make other arrangements on Your behalf.
12.4 If You sign a Prize Claim Form, you warrant and represent that You are entitled to claim that Prize and that the information contained in the Prize Claim Form is accurate and complete. You agree to indemnify Us and keep Us indemnified against all loss, liabilities, damages, and expenses (including legal and other professional costs and expenses) arising out of or in connection with any breach of this warranty.
12.5 If the information submitted by You on a Prize Claim Form differs from or is inconsistent with the entry information contained on Your Player Account, we may investigate such difference and/or such inconsistency and retain any Prize until such time We are satisfied that You are entitled to such Prize.
13.1 Without prejudice to Section 11, We reserve the right to pay Prizes by cheque and/or by any other method that We may approve from time to time. All cheques will be stamped “Account Payee Only”.
13.2 We are not liable to you where a third party has claimed a Prize by impersonating you or by otherwise assuming Your identity.
13.3 Under no circumstances will any confirmation that You have purchased a Play be evidence that You are entitled to a Prize.
13.4 We reserve the right, at our option, to withhold or recover Prizes (as appropriate) in the following circumstances:
13.4.1 Where You are not entitled under law or under these Terms and Conditions to that Prize; or
13.4.2 Your Prize claim is invalid or defective in any other way; or
13.4.3 Any Prize is defective in any way.
13.5 In such circumstances, We may undertake appropriate investigations and, in the event that We determine that You are lawfully entitled, to the relevant Prize, We shall credit the amount of that Prize to the Wallet in Your Player Account or pay the relevant amount to You in accordance with the provisions of Section 11 without any interest provisions.
14.1 We will make any relevant payments required under these Terms and Conditions to Your duly authorised representative if You are under a legal or other disability.
14.2 We may apply to a court of competent jurisdiction to determine the lawful payee in any particular case.
15.1 Where You are accessing the Services via an electronic form of communication You should be aware that in relation to Your use of the Website for the playing of the Games:
15.1.1 You may encounter system flaws, faults, errors, or service interruption which will be dealt with in accordance with paragraph 28 (IT Failure).
15.1.2 the Game Rules for each event or game offered via the Website are available and should be considered by You prior to Your use of the Website.
A valid entry is any valid number combination purchased from the club or one of their approved agents before the publicised date and time.
16.1 Draws will be held on a Saturday night at a local venue except for exceptional circumstances.
16.2 Numbers within the number range specified, and publicised, by the club are selected by the Player.
16.3 Match the Draw’s numbers correctly from within the number range specified, and publicised, by the club to win the Jackpot Prize. If two or more correct entries are received in a Draw, the Jackpot Prize will be shared equally.
16.4 Entries not containing the appropriate fee are invalid.
16.5 If the Jackpot Prize is not won, draw takes place between all Players of that Draw for 4 prizes of €25 (“Lower Tier Prize”).
16.6 Winners will be notified and results made public.
16.7 Results as published on the night of the Draw are provisional pending further checking of records.
16.8 By participating in our Games, you agree to allow Your name, photo, number to be published in local newspaper, newsletter, Club Website / Facebook / Twitter, or other social media outlets as approved by us.
16.9 If the Jackpot Prize reaches €30,000 it will remain at that figure until it is won.
16.10 We reserve the right to regulate and change the Jackpot Prize.
16.11 If there is no Jackpot Prize winner in a given week, the Jackpot Prize will be carried forward to the following week. Each week a Jackpot Prize is carried forward, the Jackpot prize will be increased by the amount specified by the club subject to the Jackpot Prize limit of €30,000.
16.12 The club will set the frequency of the draw.
16.13 All Plays must be completed by the advertised time and date of the draw stated on the ticket.
16.14 The decision of the Club’s Lotto Committee shall be binding on all matters relating to the Lotto draw and they may add or amend the rules herein as they deem necessary for proper conduct of the draw. The decision of the Club’s Lotto Committee is final.
18.1 The Website and all intellectual property rights in it including but not limited to any content are owned by us. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms and Conditions. This means, for example, that we remain owners of them and free to use them as we see fit.
18.2 Nothing in these Terms and Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
19.1 While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive, or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
19.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive, or valuable because we do not monitor the Website to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
20.1 While we try to make sure that the Website is accurate, up-to-date, and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
20.2 We may suspend or terminate operation of the Website at any time as we see fit.
20.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other Websites that may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes.
20.4 While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.
21.1 The Website may contain hyperlinks or references to third-party Websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party Websites and accept no legal responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any third-party Website does not mean that we endorse that third party’s Website, products, or services. Your use of a third-party Website may be governed by the terms and conditions of that third-party Website.
22.1 We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.
23.2 If You object to cookies or want to delete any cookies that are already stored on Your Access Device, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet browsing software. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.
24.1 Your access to and use of the Website is at Your sole option, discretion, and risk. We shall not be liable for any attempts by You to use the Website by methods, means or ways not intended by us.
24.2 We will provide the Website with reasonable skill and care and substantially as described in the Terms and Conditions. We do not make any other promises or warranties regarding the Website, or any products or services forming a part of the Website, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses, or other errors.
24.3 We (including our, affiliates, officers, directors, agents, and employees) shall not be liable to you, whether such liability arises in contract, tort (including negligence) or otherwise, in respect of any:
24.3.1 Loss of data.
24.3.2 Loss of profits.
24.3.3 Loss of revenue.
24.3.4 Loss of business opportunity.
24.3.5 Loss of or damage to goodwill or reputation.
24.3.6 Business interruption; or
24.4 Nothing in the Terms and Conditions will operate so as to exclude any liability which we may have in respect of:
24.4.1 Fraud (including fraudulent misrepresentation); or
24.4.2 Death or personal injury caused by our negligence.
25.1 The following practices (or any of them) in relation to the Website:
25.1.1 Abuse of bonuses or other promotions; and/or
25.1.2 Using unfair external factors or influences (commonly known as cheating); and/or
25.1.3 Taking unfair advantage.
25.1.4 Opening any Duplicate Accounts; and/or
25.1.5 Undertaking fraudulent practice or criminal activity (as defined),
26.1 You shall not:
26.1.1 Corrupt the Website.
26.1.2 Attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website.
26.1.3 Flood the Website with information, multiple submissions or “spam”.
26.1.4 Knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful.
26.1.5 Interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
26.1.6 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
26.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your Access Device and related equipment, computer programs, data, or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.
27.1 Closure and Termination by you:
27.1.1 Provided that Your Account does not show that a balance is due to us, You are entitled to close Your Account and terminate the Terms and Conditions on not less than twenty-four hours’ notice to us at any time, by contacting us indicating Your wish to close Your Account; and stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.
27.1.3 Upon any termination of Your Account we shall be entitled to withhold, from the repayment of the outstanding balance on Your Account, any monies: (a) pursuant to Section 25 (Collusion, Cheating, Fraud and Criminal Activity); (b) as a result of a Breach of the Terms and Conditions; (c) as otherwise provided by the Terms and Conditions; or (d) as required by law or regulation.
27.1.4 When repaying the outstanding balance on Your Account, we shall use the same method of payment which You provided upon registration of Your Account, or such other payment method as we may reasonably select.
27.1.5 Where You have closed Your Account, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms and Conditions which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.
27.2 Closure and Termination by Us
27.2.1 We are, at any time (and notwithstanding any other provisions contained in the Terms and Conditions), entitled to close Your Account, and terminate the Terms and Conditions on written notice (or attempted notice) to You using Your Contact Details
27.2.2 Where we close and terminate Your Account pursuant to our Terms and Conditions, the balance of Your Account will be non-refundable and deemed to be forfeited by You to the extent of any claim that we may have against You as at the date of such closure (whether under Your Account, a Duplicate Account or otherwise). For the avoidance of doubt, we will not credit any Prizes into Your Account, nor will You be entitled to any contingent Prizes, at any time after the date on which it has been closed (whether by us pursuant to the Terms and Conditions, or in response to Your request).
27.3 Suspension by us
27.3.1 We shall be entitled to suspend Your Account in the circumstances expressly set out in the Terms and Conditions. Upon the suspension of Your Account: (a) no activity shall be permitted (including deposits, withdrawals, or gaming) until the date upon which it is re-activated by us; (b) no contingent winnings will be credited to the Account; and (c) we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.
28.1 Where problems occur in the software or hardware used by us to provide the Website, we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last game logged on the Operator’s server immediately prior to the occurrence of the problem).
28.2 We will not be liable for technical, hardware or software failures of any kind or lost or unavailable network conditions which may limit or prohibit Your ability to enter or participate in any Game. We shall not be liable for damage, or loss or injury resulting from entry to any Game, including failure to win, acceptance or use of any prize, but nothing in these Terms and Conditions shall operate to exclude liability for any fraud on the part of us or death or personal injury resulting from our own negligence.
29.1 We make every effort to ensure that no errors are made. However, human and/or systems’ error may occasionally result in errors.
29.1.1 We reserve the right to correct any obvious errors and to void any Plays where such have occurred.
29.2 Should funds be credited to a customer’s Account in error, it is the customer’s responsibility to notify us of the error without delay. Any winnings after the error and prior to the notification of us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, us.
29.3 Any monies which are credited to your Account or paid to you as a result of an error shall be deemed, pending resolution under Clause 35.1.1 to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have monies in your Account, we may reclaim these monies from your Account. We agree that we shall use reasonable endeavours to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.
29.4 As soon as you suspect or become aware of an error you shall:
29.4.1 Immediately cease play; and
29.4.2 Inform us as soon as reasonably practicable of any such error or suspected error.
29.5 Where you have used monies which have been credited to your Account or awarded to you as a result of an error to Play Games, we may cancel such Plays and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such Plays, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you.
29.6 If you are incorrectly awarded any winnings as a result of (a) any human error; (b) any bug, defect or error in the Software; or (c) the failure of the relevant Games product or the Software to operate in accordance with the rules of the Game, then we will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
30.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event”).
30.2 Our performance 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 may be performed despite the Force Majeure Event.
31.1 No one other than a party to these Terms and Conditions has any right to enforce any of these Terms Conditions.
32.1 These Terms are dated January 2021. We reserve the right to vary these Terms and Conditions from time to time. Our updated Terms and Conditions will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such variations.
33.1 No claim or dispute regarding a Game which You have played using the Website will be considered more than 6 months after the date on which the relevant transaction or game play took place.
33.2 Should you wish to make a complaint regarding the Website, as a first step You should, as soon as reasonably practicable, contact Customer Services about Your complaint, which will be escalated as necessary within our team until resolution.
33.3 If there is a dispute arising from the Terms and Conditions which cannot be resolved by us, you can request that the matter be addressed by a manager or supervisor. We will endeavour to resolve the matter to Your satisfaction either immediately or by contacting You subsequently. When contacting us via email we will send notification of receipt within 24 hours.
33.4 You acknowledge that our random number generator will determine the outcome of the games played through the Website and You accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on Your screen and the game server used by us, the result that appears on the game server will prevail, and You acknowledge and agree that our records will be the final authority in determining the terms and circumstances of Your participation in the relevant online lottery activity and the results of this participation.
33.5 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.
34.1 We will try to resolve any disputes with you quickly and efficiently.
34.2 If you are unhappy with us please contact us as soon as possible.
34.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
34.3.1 Let you know that we cannot settle the dispute with you; and
34.3.2 Give you certain information about our alternative dispute resolution provider
34.4 If you want to take court proceedings, the relevant courts of the Republic of Ireland will have exclusive jurisdiction in relation to these Terms.
Relevant Irish law will apply to these Terms.
35.1 If any of the Terms and Conditions are determined by any 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.
35.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
36.1 Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express written permission.
The above terms and conditions also apply to offline players of the Club’s Lotto.
The following words have the following meanings in these Terms and Conditions:
Act means The Gaming and Lotteries Act.
Advance Play means the facility to play a Draw-Based Game Played Interactively in advance.
Game or Games means one of the Company’s Interactive games which is/are accessible through the Website, and which may only be played in accordance with the applicable Game Rules.
Central Computer System means the computer systems operated by, or on our behalf from time to time which contain a record of all Selections made in relation to the Draw Based Games.
Claimant means a Player who submits a claim for a Prize payment within the applicable claim period as specified in the relevant Game Rules.
We or Us or Our means Elphin GAA Club and Smart Lotto.
Customer Support means our registration and customer services helpline, contact details of which are set out in the “Contact” section of the Website.
Data Privacy Statement means the policy established by the Company in respect of the use and storage of a Player’s personal information (as amended from time to time) in accordance with the Data Protection Acts 1988 to 2018 and the General Data Protection Regulation (EU 2016/679) (“GDPR”).
Draw means the process which is used to randomly select a set of Winning Numbers, where applicable, for a given Draw-Based Game.
Draw Based Game means a Game, the results of which are determined by a Draw and in which a Player’s Selection(s) is/are recorded on the Central Computer System.
Draw Based Game Played Interactively means a Draw-Based Game which can be played by Players via the Interactive System.
Financial Transaction History means the financial information relating to a Player Account.
Game Details Screen means the screen on the Website setting out information relating to a Game.
Game Play Window means the screen on the Site via which a Player plays a Game.
Games-Related Information means a Player’s transaction history, Game history and any information we require a Player to submit to it via the Interactive System before providing that Player with access to the Interactive Games which may include, without limitation, the Player’s name, Password, Payment details, security information, address details, Identification Information, email address, date of birth and gender.
Game Rules means any rules or conditions issued by us in relation to a specific Game, which are additional to these Terms and Conditions and are hereby incorporated by reference.
Jackpot Prize means a Prize exceeding €100 paid by cheque, stamped “Account Payee Only”, and which must be redeemed in person at Club Headquarters upon receipt of a completed Prize Claim Form and proof of identity and age (i.e., copy of valid passport or driving licence).
Identification Information means any information that we require to verify the identity of a Claimant including, but not limited to, copy of passport, driving licence, utility bills.
Interactive Instant Game means a Game in which the Interactive System determines at the point of purchase of a Play whether or not a Player has won a Prize and the level of any such Prize.
Interactive System means the system (accessible via the Website) established and operated by us for the purpose of registering Players, administering Player Accounts, facilitating Plays, holding Games-Related Information, and paying Prizes.
Licence means the Licence granted to the Club by the Irish District Court to hold the Lottery issued under the Act.
Low-Tier Prize means a €25 Prize, which will be paid directly to a Player’s Wallet.
Minor means any individual below the age of 18 years.
Password means the alphanumeric identifier used by a Player to identify him/herself when accessing and using certain areas of the Interactive System.
Payment Card means a debit card issued by a financial institution located within, and compliant with, SEPA (please note that we reserve the right to amend this list of authorised countries at its sole discretion, without prior notice. Any such change is binding as soon as You access the Website).
Play means, in relation to any Interactive Instant Win Game, any interaction by a Player, with their Player Account which may yield a Prize, and which must be purchased in advance of playing a Game and as described in the ‘Game Play Mechanism’ of the relevant Game Rules.
Play Number means the number accessible on the relevant page of the Website which is unique to and which identifies a particular Play and which is recorded on the Interactive System.
Play Symbol and Caption means the symbol and (if appropriate) the caption that appears in the Game Play Window for a given Play. The symbols for individual Games, where applicable, will be specified in the relevant applicable Game Rules.
Play Validation Exceptions mean exceptions to our Play validation requirements as set out or referred to in the Terms and Conditions and as may be amended by us from time to time.
Player Account means a Player’s on-line account held on the Interactive System which contains a Player’s personal information and all other relevant details necessary to play a Game.
Player or You or Your means a person who has registered to play Games via the Website and, for the avoidance of doubt, has satisfied the various Player criteria as set out in the Interactive Terms and Conditions.
Prize means a prize won by a Player from a Play in a Game and which has been validated on the Interactive System and is in the Terms and Conditions.
Prize Claim Form means the printed form issued by us that a Claimant may be required to complete and submit in order to claim the Jackpot Prize.
Prize Structure means the number, value, and odds of winning Prizes for a Game and the Prize Tiers within a Game and the chances of winning a Prize in each tier in an individual Game as determined by us and as specified in the Game Rules.
Quick Pick means a Play(s) which, instead of being selected by a Player, is/are selected on a random basis by the Central Computer System.
Registration means the registration process which prospective Players must complete in order to open a Player Account.
Selection or Selections mean(s) the set of numbers chosen by a Player (whether chosen by himself or via Quick Pick) for the purpose of making a Play or Plays.
Try for Free Game means a Game which is available to registered Players free of charge and for which there are notional prizes only.
Unutilised Funds means any funds credited to the Wallet in a Player’s Account (including Prizes) that are not used by the relevant Player to play Games.
User ID means the Email address or phone number used by a Player to identify himself when accessing and using certain areas of the Interactive System.
Valid Winning Play means a winning Play which meets all the Play validation requirements as set out in these Terms and Conditions.
Wallet means an on-line account created by the Player and credited with funds from a valid Payment Card in order to play Games, which may hold Prize money and is accessible via the Website.
Website means the Website, which is accessible through URL https://games.smartlotto.ie/#/pages/lotto/play?c_id=5f55e6f72ad82a3ca9d2d7fe or https://elphingaa.com/playlotto
Yes – you can play if you’re 18 or over. Play responsibly, play for fun.
Thanks for playing. All funds raised goes towards the running of our club.
Elphin GAA Headquarters means the principal administrative offices of Elphin GAA Club which are situated at Elphin, Co Roscommon, Ireland.