1. You are joining a Lottery Club that will manage and purchase lottery tickets for the Lottery Club account. When joining a Lottery Club, we will form a lottery trust for the security of the Club and we will purchase through the Lottery Club account the lottery tickets indicated by each Club that we offer for the duration of your Membership. We will also store the tickets for each Club and you will have a scanned copy of your tickets/numbers available as proof that it has been purchased according to the Club you chose.
2. You understand that we are not affiliated, directly or indirectly, with any lottery, anywhere in the world. You also understand that we are not "selling" you a lottery ticket. We do not participate in your winnings or receive commissions from any lottery commission/organization for providing this service.
3. We will send you an e-mail before each lottery draw that belongs to the Club that you chose to be a Member. This e-mail will contain a scanned image of lottery tickets that we buy through your Club account. The tickets will contain the numbers your Club is playing and the date of the draw.
4. We will send you an e-mail after the lottery is played to inform you about the results and status of your Membership. We will also notify you if your Club has won a prize.
5. You will be able to see the status of your Membership, your Club's tickets and other information about your account in a key protected area on the Website.
1. If you purchase a membership ("Membership") on this Website you agree to comply with all of the terms of this Agreement between you (the "Member") and FABULOTTO. If you do not agree to these Terms and Conditions, please do not purchase from this Site.
2. We may change, add or remove portions of this Agreement at any time. If we do, the changes will be effective immediately and will be displayed on this Site.
3. We may discontinue, change or suspend any aspect of this Site at any time. We may change, discontinue, or suspend the availability of any database, content, section, or product on this Site. We may impose limits on sections, including services, use, or restrict access to portions of the Site or the Site in its entirety without notice or liability.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASING ON THIS SITE.
Contents herein are the Terms and Conditions of Service (hereinafter referred to as "TCS" or "TOS") for clients and visitors of the website FABULOTTO.COM (hereinafter referred to as “FABULOTTO" or "We"). By entering the Website (hereinafter referred to as "Website" or "Site"), you accept your agreement with all articles expressed herein. FABULOTTO reserves the right to make changes to this document at any time. Such changes will be announced to registered customers via email, pop-up screens or placed in visible areas of the Site. If you disagree with the changes made to these terms, you (the customer) may terminate your Membership and discontinue use of our service at any time.
1. LEGALITY: These Terms and Conditions are only valid where they are legal. You are responsible for ensuring that it is legal for you to use this service in your local jurisdiction.
2. ELIGIBILITY: You ensure that you are over 18 years of age.
3. PROPERTY: You, the Member, are part of a Lottery Club which is the owner of lottery tickets and any prize that Club tickets win. The proceeds from a Lottery Club will be distributed equally among Members in direct proportion to the number of shares a Member in the Club purchases. In example, if a Club containing 20 Members, also referred to as 20 shares, wins a prize with a total value of $1,000,000, each share would be entitled to receive $50,000. However, if a Member in the same Club of 20 shares buys 2 shares in the Club that Member would be entitled to receive $100,000, 3 shares purchased in the same Club receives $150,000, 4 shares purchased in the same Club receives $ 200,000, 5 shares-$250,000, etc. If one Member decides to buy all 20 shares of the same 20 Member Club, that Member would be entitled to receive the entire prize or all winnings ($1,000,000, one million dollars).
4. TRANSFER: Your Membership is not transferable or assignable.
5. TAXES: The Lottery Club or the Lottery Club Administrator is solely responsible for the payment of all taxes associated with winnings earned as a result of Club lottery prizes.
6. CHARGES AND CANCELLATIONS: When you purchase a Membership, you authorize all charges to your credit card for Membership, as well as any other goods or services provided, through and/or of or belonging to this Site. Your Membership automatically terminates at the end of the Club play period or at the end of the Club prize draw period.
7. MEMBERSHIP START: Your Membership will begin when your payment can be verified and we can fill out the Club that you chose with the appropriate Membership numbers for that particular Club and we can purchase the lottery tickets for the Club account.
8. TERM: Your Membership will be effective the day the first lottery ticket is purchased for the Club account and will continue until the last day of the Club play period or at the end of the Club prize draw period.
9. PRIZES AND WINNINGS:
A. All prizes will be handled as described in the "Description of Services" section above. We will make every effort to identify when a Club wins a prize and automatically collect the Club prize. We will notify all Club Members immediately upon receipt of the prize. If you do not contact us within 15 calendar days with instructions on what to do with your winnings, all winnings will be credited to your system account and you can withdraw them from there at any time you wish.
B. We will try our best to inform you when your Club wins a prize. We will be responsible for winnings and prizes collected from any lottery commission/organization. We will try our best to collect the prizes for the Club account and do so within the time limits that each lottery designates to collect the prize of a winning ticket(s).
C. You know and understand that the lottery is a game of chance and that we CAN NOT guarantee that your Club will win, nor can we guarantee winnings or prizes.
10. WRONG INFORMATION: We will scan and record the numbers, which the Club is playing, directly from the tickets purchased on behalf of the Club. We will also record the winning numbers of the lottery drawings from the corresponding lotteries. In the event that incorrect information is sent to the Member, the Member will not be entitled to any prize and/or claim based on the information received in error. The Member must notify us immediately when he receives erroneous information. THE MEMBER DISCLAIMS THE RIGHT OF ANY CLAIM AGAINST US FOR THE RECEIPT OF WRONG INFORMATION.
11. FORCE MAJEURE: We will not be liable for failure or delay in performance of an obligation under these Terms and Conditions, including, but not limited to, buying lottery tickets or collecting prizes, if we are unable to do so for causes beyond our control such as natural catastrophes, extreme weather conditions or other "acts of God", action of any lottery commission, federal, state or local government, computer virus, war, blockade or traffic jam, block or transmission of data over the Internet or other networks, or for any other reason beyond the control of our agents or employees.
12. JURISDICTION AND APPLICABLE LAW: The parties expressly agree that the applicable law, as well as the competent jurisdiction for the purposes of this agreement, shall be those of the State of California, County of San Diego, USA.
PRIZES AND WINNINGS: We will make every effort to identify if your Club has won a prize and assist the Club in collecting any lottery prizes belonging to your winning Club, as a registered Member through this Site. Either way, you are aware that:
1. You also have the responsibility to notify us when your Club wins a prize.
2. In certain circumstances (for example, if your Club wins the "jackpot" or if the lottery requires it to identify us) a lottery commission may require the winning Club Administrator to appear personally to collect a prize.
The following describes the steps we normally take to manage a Club's winnings:
1. FABULOTTO will claim the prizes on behalf of all Members of the winning Club. We as Club Administrators will fill out the official lottery form and we will use that form and tickets to collect Club winnings. The lottery commission will send us a check that can only be charged by the Club Administrator or deposited in an account of the Club administrator in the USA. When we receive the check, we will contact the Members to arrange how they wish to receive their money.
2. Payment of the prizes can be made by a check or by means of a bank wire transfer, according to your preference and/or convenience.
3. The Club is responsible for any and all costs associated with the lottery trust, collecting winnings, taxes, and transferring money to Members.
4. You understand that the Club is responsible for reporting the winnings and paying any taxes owed to the appropriate federal and local authorities in the USA. You also understand that lottery management can hold a portion of the winnings and send it to the appropriate tax authorities.
5. In all cases that we manage any winnings for your Club, you will have the option of:
A. Receiving your monies in the way you select the method of payment (i.e. transfer, check, etc.). All costs associated with transfer fees or shipping (for checks via FedEx, UPS, etc.) will be your responsibility.
B. Crediting your money to your Membership Account by essentially extending your Membership period and placing yourself in a new Lottery Club if you so desire.
THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. WE DO NOT WARRANT THAT THE FUNCTIONS OR THE INFORMATION CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION ON THIS SITE, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BARE TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO US DURING YOUR LAST SUBSCRIPTION FOR PRODUCTS PURCHASED ON THIS SITE. PARTICULARLY, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR THE PAYMENT OF A LOTTERY'S JACKPOT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.