TheLotter Overall Terms and Conditions

1. Introduction

1.1. Welcome to theLotter.com (together with its sub-domains, Content, Marks and Services, the “Site”). The Lotter.com is an associated brand of Lotto Direct Limited, a company incorporated under the laws of Malta, with registration number C77583 and registered address at the Bunker, Triq- Il-Furnar, Qormi.

1.2. This document (“Terms of Use” or “ToU”) along with the Supplemental Games Terms, the Privacy Policy, the Cookie Policy and the Terms of Services (collectively, the “Terms” or the “Site Terms”) sets out the terms and conditions of the contractual relationship between Lotto Direct (“We”, “us”, “our”) and any person registering with and subsequently accessing the Site as a registered user (“Player”, “User”, “you”, “your”) and, to the extent applicable, to any person accessing the Site as a visitor. You are required to carefully read and accept the Terms when registering an account with the Lotter.com. If, at any time, you do not agree with the Terms, you may not use or continue to use the Site.

1.3. Lotto Direct reserves the right to change these Terms of Use including any of the Services specific rules at any time. Should there be any material changes to these Terms, you will promptly be notified of such changes and prior to accessing and using your account for the first time after such changes take place you will be required to expressly re-confirm your acceptance of these Terms. In the event that, following any possible changes, you not wish to continue using the Services anymore, you may withdraw all your available funds and close your account. 1.4. In the event of minor, non-material changes to these Terms of Use, we will endeavor to promptly notify you any such changes, however we cannot guarantee that at all times we will be able to. You are encouraged to periodically review these Terms of Use, also by checking their date and version number above, to ensure you are referring to the latest available version.

1.5. These Terms and Conditions are published in English and may be published in a number of other languages. In the event of any discrepancy between the English version and versions in other languages, the version most beneficial to you shall prevail.

2. Regulatory Status.

2.1. Lotto Direct holds the license MGA/B2C/402/2017 duly issued by the Malta Gaming Authority on 01/08/2018 enabling it to offer Lottery Messenger Services, Instant Win Games and Lottery-Style Games (the “Games”). Instant Win Games are provided by Gluck Limited, a company incorporated under the Laws of Gibraltar holding a recognition notice issued by the Malta Gaming Authority enabling it to provide critical gaming suppliers. Lottery-Style Games are provided by European Lotto and Betting Limited (“ELBL”), a company incorporated under the Laws of Malta holding B2C licence MGA/B2C/609/2018. Full information on ELBL and the terms applicable to Lottery-Style Games is provided under the Supplemental Games Terms section below. Our Games are operated on a gaming system provided by Glide Limited under the licence MGA/B2B/401/2017.

2.2. At any time you may verify our License operational status by either:

• Clicking on the Malta Gaming Authority Dynamic Seal placed on the Site’s home page and on any other section of the Website that is regulated by the MGA; or

• Consulting the Malta Gaming Authority Licensees’ Register, available at the following link: https://www.mga.org.mt/mgalicenseeregister/; or

• Contacting the Malta Gaming Authority by sending an email at: info.mga@mga.org.mt.

2.3. Lotto Direct Limited operates Lottery Messenger Services as an independent ticket purchasing service and is neither associated with nor endorsed by MUSL, Française des Jeux or Loterías y Apuestas del Estado, nor any company that manages any product for which their services are employed.

3. Ability to Accept Terms and Legality of Use.

3.1. The Site is not intended for individuals under the age of eighteen (18) (or any higher applicable age in the relevant country). If you are under 18 years (or such higher applicable age), you are prohibited from registering an Account (defined below) and using the Services (defined below).

3.2. If it comes to our attention through reliable means that a User is under the age of 18 years (or such higher applicable age) we may, to the extent applicable, cancel that User’s Account and/or access to the Site and withhold any winnings existing in the balance.

3.3. It is your responsibility to access and to use the Site and the Services according to the Terms, to the legal restrictions, legality of use requirements, Responsible Gaming Policy (see section 13) and pursuant to all applicable laws and regulations. It is your responsibility to verify that your access and use of the Site and the Services is legal from the territory in which you are playing.

3.4. The Site is intended for private use and recreative purposes only.

4. Site Access and Use.

4.1. The Site:(i) provides information about leading worldwide official lotteries (each a “Lottery”) that are provided by independent official lottery operators (each a “Lottery Operator”), (ii) enables registered Site users (“Users”) to purchase lottery tickets for specific and separate Lottery draws (each a “Lottery Draw”) by means of the Site’s messenger services (“the Messenger Service”) and to play virtual, games with winning numbers drawn by a certified and tested random number generator, including, but not limited to, scratch cards (“Instant Win Games” or “IWG”) and Lottery-Style Games; and (iii) offers Services (defined below) to Users, all subject to and in accordance with these Terms. A complete list of the Lotteries in connection therewith we offer our Messenger Services and the schedule for each Lottery Draw, as well as a complete list of the IWG made available through the Site and relevant pay outs, are displayed on the Site.

4.2. Subject to applicable registration requirements, and your compliance with these Terms, we offer certain services in connection with the Site (“Services”), including, without limitation: the Lottery Ticket Service (see Section 9.2), See Your Ticket Service (see Section 9.13), Syndicate Play Service (see Section 9.5), Prize Collection Service (see Section 9.16), Subscription Service (see Section 9.26), Alert Service (see Section 15), Instant Win Games (see Section 9.35), and the Complaint and Disputes Service (see Section 12).

4.3. 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, 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. We reserve all rights not expressly granted in and to the Site.

5. Opening of an Account.

5.1. In order to use some of the Services, it is necessary to first create an account (an “Account”) and submit certain mandatory information to us in connection with your Account. You may decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to register an Account and use certain Services.

5.2. By submitting your application for opening an Account with you agree to abide by these terms and conditions at all times. You also warrant and represent that you are:

• A natural person acting on their personal capacity;

• Not restricted by limited legal capacity;

• Not acting in the interests or on behalf of any third party;

• Not utilizing funds originating from any criminal activity or activities;

• Not utilizing bank accounts, debit cards, credit card/s and/or any other payment method you are not authorized to use.

5.3. When creating your Account you must provide accurate and complete information, including full name, date of birth, residential address, contact e-mail and personal telephone number, and must thereafter keep such details up-to-date.

5.4. It is your responsibility to declare all personal details correctly. We reserve the right to immediately close your account and refuse, withhold and/or void payments if you have disclosed false statements about your personal details, including, without limitation, your age, whether intentionally or not.

5.5. It is your responsibility to provide a valid e-mail address and a valid phone number. We may verify the contact details you provided to us by mean of a validation link sent to your email address and / or a validation SMS sent to your phone number. We reserve the right to suspend your account in the event that we are unable to satisfactorily verify your contact details.

5.6. When creating your Account you will be assigned a User Name based on the email address you provided and you will be requested to choose a password. You are solely responsible for the activity that occurs in your Account, and you must keep your Account log-in details, including the password, protected and secure any linked e-mail address, personal computer and device on which your Account is accessible (including, without limitation, by keeping the password(s) protected and screen locked). We also advise you to log out after any gaming session and not to leave your computer unattended when logged in so that you can prevent any one using his account without his consent. You must notify Lotto Direct immediately of any breach of security or unauthorized use of your Account and in any event Lotto Direct shall not be held liable for any unauthorized use of your Account other than due to Lotto Direct’s fault. For the avoidance of doubt, If one or more bets is placed using your Login Details it will be considered to have been made by you and therefore shall be accepted and deemed valid.

5.7. Without derogating from the foregoing, if you are an (i) employee, director, officer, or Agent of Lotto Direct or any affiliate entity, or (ii) a person that is connected with the management or operation of a Lottery Draw, including each Lottery Operator and its employees; or (iii) a spouse, de facto partner, parent, sibling, child or close family member of any of the persons mentioned in (i) and (ii) above; or (iv) located in the USA, Israel, Canada, Iran, North Korea or any country which prohibits the provision of services such as the Services (“Prohibited Jurisdictions”), or (v) any person listed on the list of designations of the European Union, the United Nations National Security Council or the Maltese Sanctions Monitoring Board, then you are prohibited from registering an Account and participating or continuing to participate in any Services “.

5.8. We reserve the right to add and/or remove any Country to the Prohibited Jurisdictions above.

6. Management of the Account.

6.1. Lotto Direct manages Player’s Accounts, calculates the available funds, the pending funds, the betting funds as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.

6.2. You are restricted to opening only one account or having one active account at any point in time. You are only allowed to make deposits to, or request withdrawals from your Account in accordance with Sections 7 “Transfer of funds to your Account – Deposits” and 8 “Transfer of funds from your Account Deposits” below; It is prohibited to sell, transfer and/or acquire accounts to/from other players as well as to transfer funds between Accounts.

6.3. Accounts are not interest bearing. No interest shall be paid on any funds, irrespective of the amount, held in your Account. Lotto Direct is not, and does not purport to be, a financial institution.

6.4. In respect of your Account, at all times, we reserve the right at our discretion to:

• Refuse to open an account or close an existing account without having to provide any justification. In this case any contractual obligations already arisen, shall be honored;

• Decline to accept deposits without having to provide any justification;

• Verify to our satisfaction, also by requesting documents or other evidences: (i) your identity and the other personal data provided when registering with the Site; and (ii) and (iii) your authorization to use a certain method of payment. Requested documentation may include, but is not limited to: certified copies of photo id’s, bank statements, references, utility bills, pay-slip Verification requests may be made at any time and we reserve the right to suspend or limit your Account pending any verification;

• Forfeit and/or confiscate funds available on your Account and/or refuse to honor a claim, in the event that, directly or indirectly: (i) these Terms have been violated; and/or (ii) other unauthorized activities have occurred in connection with the operation of your Account (such as, but not limited to, breach of the law or other regulations, breach of a third party’s rights, fraud, and cheating);

• Suspend and/or cancel your participation in the games, promotional activities, competitions or other services, whenever we deem that there are legitimate concerns that your Account is, has been, or may be used for illegal, fraudulent or dishonest practices, including promotion abuses;

• Verify to our satisfaction any unspent or unused funds in your Account;

• Monitor your gameplay and transaction activity;

• 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 the Terrorism legislation.

6.5. An Account is deemed inactive if for a consecutive period of twelve (12) months there has not been recorded on the Account any log in/ log out and/or any wager.

6.6. We shall notify you by means of an email sent to the email address listed in your Account (such notice will be entitled, “Inactive Account Notification”) that your Account is about to become an Inactive Account. The Inactive Account Notification will be sent to you up to thirty (30) days prior to your Account becoming inactive.

6.7. When an Account becomes inactive, we will deduct an administrative monthly fee from your Account which does not exceed two euro and fifty cents (€ 2.50) or its currency equivalent. Such fee will only be deducted if your Account is in credit.

6.8. You may be entitled to a refund of the fees charged in accordance with the applicable regulations.

7. Transfers of Funds to your accounts – Deposits.

7.1. In order to deposit funds in your Account, you can utilize one of the available deposit methods. Information on the methods available for deposits, including deposit limits, processing times and available currencies can be found in the Banking section of the Site. As soon as you have registered your Account, you can carry out an online deposit by clicking the “Deposit” button and following the directions. Lotto Direct does not charge you a handling fee when you make a deposit.

7.2. You acknowledge and agree that if (i) you choose to make a transaction on the Site (for example, by paying the Order Price, the Syndicate Order Price or Purchasing an Instant Win Game) with your credit card; or (ii) there are insufficient funds in your Account to pay for a transaction that you have entered into, then Lotto Direct may charge that credit card or the credit card that you designate in your Account, and you hereby authorize the charging of that credit card (or any replacement card).

7.3. If you choose to use the Subscription Service to submit Orders on a recurring basis, we may collect the Order Prices through a recurring payment using your designated payment method (including by credit card). In connection thereto, Lotto Direct may submit period charges without further authorization from you, an such authorization shall remain effective until cancelled by you.

7.4. You agree: (i) to only provide valid and current credit card and billing information for yourself; (ii) that we may use the tools, software or services of third party service providers to process transactions on our behalf; (iii) that you shall be liable for any card issuer processing fees in connection with payments and recurring payments; (iv) except as expressly set forth herein, all orders and purchases are final and non-cancellable or non-refundable; (v) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand and, if applicable, Lotto Direct may charge a reasonable rejected payment fee; and (vi) any failure or inability by Lotto Direct to process any payment hereunder does not relieve you from your payment obligations.

7.5. We reserve the right to impose certain conditions on the use of particular payment methods and to change the payment methods available without giving notice. We do not guarantee that all methods of payment are available at all times.

7.6. Except as expressly stated in these Terms, you acknowledge and agree that any Order Prices, Syndicate Order Prices, Stake and fees and/or payments paid by you to Lotto Direct in connection with your use of the Site and any Services and purchases are non-refundable.

7.7. If you reasonably believe that you have been wrongfully charged an amount by us you may notify us and request a refund. The tools within your Account should provide you with the means to do so, and in any event, you may contact us via our Support Service. Please be aware that we will not consider any such refund request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed. If we, in our sole discretion, find that an amount has been wrongfully charged we will, as your sole remedy, refund you that amount.

7.8. If you are not (completely) satisfied with our services after making your first purchase with us, you are entitled to request a full refund of that purchase. You may contact Customer Service to make such a request, along with providing full details of the purchase, including the relevant date of purchase, payment details, and a short explanation why you are dissatisfied with our services. Please note that our money back guarantee only applies to your first purchase on the site and not to subsequent purchases. You may request this type of refund up to six months after your first purchase.

8. Transfers of funds from your Account – Withdrawals.

8.1. During your use of the Site and Services, the following types of money or credit may be transferred to you or to your Account: (i) Prizes; (ii) Syndicate Prize Shares; (iii) the cash value of money that you deposit into your Account for your use on the Site (“Deposits”); (iv) Bonuses, including any promotional monies administered in form of Bonus, such as cash-backs, and/or (v) Refunds. Prizes, Syndicate Prize Shares, Deposits and Refunds are collectively referred to herein as “Real Money”. The bonus is credited to your Account, and referred to herein, as “Bonus Money”. Your entitlement to any Real Money and/or Bonus Money is subject to and in accordance with these Terms. Bonus Money deposited into Users’ accounts will be valid for a period of six (6) months from the date of deposit. At the end of this period, the Bonus Money will be removed from the User’s account with prior email notification.

8.2. Use of Real Money. Real Money is transferred to your Account and may be used in connection with your future transactions on the Site (for example Place Orders or Syndicate Orders or Purchase an Instant Win Game). You may withdraw any unused Real Money at any time in accordance with Section 9 below.

8.3. Use of Bonus Money. Bonus Money is credited to your Account and may be used solely in connection with your future transactions on the Site (for example to place Orders, a Syndicate Order or Purchase an Instant Win Game). You may not withdraw the cash or monetary value of unused Bonus Money from your Account.

8.4. Bonus Credit is not counted as deposited money for the purpose of your deposit limit, but it is counted as money spent for the purpose of your spending limit.

8.5. If you Place an Order or a Syndicate Order or Purchase an Instant Win Game via the Site, then we will first debit any available Bonus Money that you have in your Account. If there is insufficient Bonus Money to pay for your transaction, we will debit any Real Money that you have in your Account.

8.6. You may use the Site Tools to withdraw the available Real Money in your Account, or any part thereof, by selecting your preferred withdrawal method. The average time required for processing a withdrawal is approximately 3 business days. If your Account is limited, pending any verification in accordance with Clauses 3 and 6 above, the processing might take longer. Additional information regarding the withdrawal of Real Money is displayed on the Site.

8.7. Withdrawals will be remitted to the same account from where the funds paid into the User’s Account originated. Where this is not possible, Lotto Direct shall remit the funds back to the player in line with the requirements under AML legislation. To the extent that any User wishes to withdraw funds from a, blocked, closed or excluded Account, they should contact support@mx.thelotter.com.

8.8. At least one Order must be Placed or an Instant Win Game must be purchased before you are permitted to withdraw funds which you deposited in your Account, but have not been used for Placing an Order or Purchasing an Instant Win Game.

8.9. You shall be solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you by the Site under these Terms. You acknowledge and agree that the Lottery Operator might retain a portion of your Prize or Syndicate Prize Share and forward it to the appropriate taxing authority on your behalf.

8.10. To the extent that we credit or transfer you any amounts under these Terms, we will do so in the same currency that you have designated in your Account to make payments to Lotto Direct (“Designated Currency”). You may choose your Designated Currency from a list of currencies that we display on the Site. You may change your Designated Currency at any time by accessing your Account and using the Site Tools. Please be aware that each time you change your Designated Currency, the funds in your Account will automatically be converted into the new currency and we may charge you a currency exchange fee for each such conversion; the amount of the fee is displayed on the Site.

9. Terms OF Service.

Each Lottery Draw is performed by the relevant Lottery Operator. Your participation in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator (“Lottery Operator Rules”). Whilst we provide a complete and detailed overview of each Lottery we offer on the Site, by Placing an Order you agree to independently review and comply with the relevant, applicable rules.

The Lottery Ticket Service

9.1. We (i) make certain tools available on the Site so that Users can complete and submit online orders in connection with the Messenger Services offered by us with respect to Lottery Draws (“Orders”); (ii) engage local representatives to locally purchase a Lottery ticket on our Users’ behalf with Lottery Operators in accordance with the User’s Order (respectively – “Local Representative”; “Lottery Ticket”); (iii) display the results of Lottery Draws on the Site; (iv) if applicable, collect the winnings from the Lottery Operators and credit the Account (defined below) of an eligible User; and/or (v) if applicable, facilitate the hand-delivery of a Winning Lottery Ticket (defined below) to eligible Users (collectively, the “Lottery Ticket Service”).

9.2. In order to participate in the Lottery Ticket Service you must (i) have registered a valid, and maintain an active, Account; and (ii) comply with these Terms. A user satisfying these terms and lawfully purchasing a Lottery Ticket through our Messenger Services accordingly shall be the owner of the purchased Lottery Ticket at any stage from the purchase of the Lottery Ticket on the User’s behalf.

9.3. If you wish to use our Messenger Service to participate in a Lottery Draw, you must use the Site Tools to (i) complete an Order by choosing the type of lottery form and inserting your numbers into each line; (ii) submit the completed Order; and (iii) pay the price for submitting the Order (“Order Price”). Completion, submission and paying for an Order as detailed in this clause shall hereinafter collectively be referred to as ”Placing an Order”.

9.4. The Site enables Players to purchase Shares in a possible future Prize derived from a set of Lottery Tickets (“Syndicate Play” or “Syndicate Play Service”). The Syndicate Play Service does not enable you to choose the members of a Syndicate.

9.5. Syndicate Play offers you the opportunity to purchase one or more equal portions of ownership in a Syndicate (“Shares”), to the extent such Shares are available.

We determine:

(i) the total number of Shares available for purchase in a Syndicate (“Total Shares”);

(ii) the number of Lottery Tickets purchased by the Syndicate; and

(iii) the number combinations played by Lottery Tickets (“Lines”) purchased by the Syndicate.

The Site will display the Total Shares, the Lines played, and the remaining Shares available for purchase in the Syndicate prior to your purchase of any Shares.

9.6. By purchasing a Share, you will not own any specific Lottery Ticket or Line purchased by the Syndicate, which will instead be owned by us as manager of the Syndicate. The portion due to you of any Prize resulting from Winning Lottery Tickets purchased on behalf of a Syndicate (“Syndicate Prize”) will correspond to the percentage of Shares you have purchased of the Total Shares in that Syndicate. Any Shares not purchased by Site users shall be owned by us.

9.7. Syndicate Play may not be available in combination with other services or features offered on the Site, including but not limited to our Subscription Service.

9.8. The Order Price (i) is the amount displayed on the Site at the time you submit the Order or an order to purchase a Share; (ii) includes our service fee and therefore may be higher than the participation price you would pay if you submitted an equivalent lottery form to or purchased an equivalent syndicate share directly from the Lottery Operator; (iii) is subject to change from time to time, as displayed on the Site; and (iv) is subject to the quantity of lines and numbers in the Order that you choose to submit you and the number of lottery games you choose to participate in or to the number of Shares in the Syndicate Order you choose to submit.

9.9. In the unlikely event that there is a delay (for example, due to technical issues in the processing of a transaction) between your submission of an Order and payment of the Order Price and our receipt of payment, then the status of the transaction will be pending until such time as we receive the Order Price.

9.10. We stop to accept the submission of Orders a certain number of hours prior to the performance of the related Lottery Draw by its Lottery Operator (“Cut-Off Time”). We display on the site the amount of time that is remaining until the Cut-Off Time for each Lottery Draw on the Site. We retain the right in our sole discretion to determine the length of the Cut-Off Time. Please be aware that once the Cut-Off Time for a particular Lottery Draw has expired, you will no longer be able to submit an Order for it.

9.11. Following our receipt of an Order and Order Price, we engage a Local Representative to purchase on the User’s behalf the related Lottery Ticket from the Lottery Operator. We use commercially reasonable efforts to ensure that each Lottery Ticket complies, and is lodged in accordance, with the timeframes set forth in the related Lottery Operator Rules. You acknowledge that since Lottery Tickets are purchased locally immediately following your submission of the Order, there is no option of timely cancellation and you agree that your submission of an Order and payment of the related Order Price is final, non-cancellable, and non-refundable (except as expressly set forth in these Terms). In the event of any inconsistency between the numbers appearing on an Order and a Lottery Ticket, the numbers on the Lottery Ticket will prevail.

9.12. You may view scanned copies of your Lottery Tickets in your Account (the “See Your Ticket Service”). You acknowledge that it takes time to upload scanned copies of Lottery Tickets, and there may be a delay between the time that the Lottery Ticket is purchased and the time that a copy is made available for you to view.

Where the scanned copy of a ticket, as a result of the presence of certain details in the ticket such as optical codes, serial numbers etc. may give rise to possible misuses or abuses, we reserve the right to replace such scanned copy with a graphic representation of the ticket purchased containing the same material elements of such ticket.

9.13. We reserve the right to decline, refuse or limit any Orders placed via the Site and/or to decline or refuse to provide, or to limit the provision of, any Services. No charge will be made for any Order which is not accepted.

9.14. Following each Lottery Draw, the Lottery Operator publishes the related final and conclusive winning numbers (“Winning Numbers”). To the extent that a Lottery Ticket includes Winning Numbers you may be entitled to a cash prize to be paid by the Lottery Operator (“Prizes”). The number of Winning Numbers that you need to obtain to be entitled to Winnings in connection with a Lottery Draw, as well as the amount of a Prize, is determined solely by the Lottery Operator. We use commercially reasonable efforts to publish the official Lottery Draw results, including the Winning Numbers and Prizes, on the Site as soon as possible following official publication thereof by the related Lottery Operator. If your Lottery Ticket is a winning ticket (“Winning Lottery Ticket”) then we will send an email to your designated email account and (if you have chosen to participate in our Alert Service) an SMS to your designated mobile phone number, notifying you that the Lottery Ticket is a Winning Lottery Ticket.

9.15. The Site differentiates between the following categories of Prizes: (i) the top prize in a particular Lottery Draw (“Jackpot”), Prizes that are subject to local tax in the jurisdiction of the Lottery Operator (“Locally Taxed Winnings”) and prizes of more than US$2,500; and (ii) Prizes that are not a Jackpot or Locally Taxed Winnings (“Secondary Winnings”).

9.16. If you are entitled to a Jackpot, Locally Taxed Winnings or a prize of more than US$2,500, then you are responsible for personally collecting the Prize from the related Lottery Operator in accordance with Clause 9.21 below. Notwithstanding the foregoing, Lotto Direct may, in its sole discretion, offer to collect the Prize on your behalf from the related Lottery Operator and transfer the Prize to you in accordance with our Prize Collection Service.

9.17. If you are entitled to Secondary Winnings of up to US$2,500 (inclusive) or to any Prize from a Syndicate’s winning ticket, you agree that we will collect the Winnings on your behalf from the related Lottery Operator and transfer the Winnings to your Account in accordance with our Prize Collection Service.

9.18. You expressly acknowledge and agree that (i) if we collect the Prize or Syndicate’s Prize on your behalf and transfer the Prize or the Syndicate Prize Share to your Account, then we may deduct associated bank transfer costs from the amount of the Prize or Syndicate Prize Share; and (ii) as applicable, the Lottery Operator may deduct taxes, withholdings, or other sums from the amount of the Prize or Syndicate Prize in accordance with its Lottery Operator Rules.

9.19. We use commercially reasonable efforts to transfer the Prize or Syndicate Prize Share to you promptly after our actual receipt of the Prize or Syndicate Prize from the Lottery Operator. You acknowledge and agree that if, for any reason, the Lottery Operator fails to deliver the Prize or Syndicate Prize to us, then (i) we will not have any obligation to credit your Account for a corresponding amount; and (ii) in case of a Winning Lottery Ticket purchased through the Lottery Ticket Service, we will make the Winning Lottery Ticket available to you, in which case you may choose to personally collect your Prize from the Lottery Operator.

9.20. If you are required to, personally collect your Prize directly from the related Lottery Operator, we will arrange for one of our representatives to meet you at our offices (or another location of our choice) in the country of the Lottery Operator (“Territory”) and hand-deliver your Winning Lottery Ticket to you. You agree to cooperate with Lotto Direct, or its representative, to facilitate you taking possession of the Winning Lottery Ticket. You agree that prior to you taking possession of your Winning Lottery Ticket you must first sign a legal waiver and release stating that you (i) have taken, or are taking, possession of the Winning Lottery Ticket; (ii) are personally responsible for collecting the Prize directly from the related Lottery Operator; and (iii) and you waive any legal or equitable claims, rights or remedies you may have against Lotto Direct, and the Local Representative, with respect to your collection, or non-collection, of the Prize. Under no circumstances shall Lotto Direct have any obligation to pay you an amount equal to what a Lottery Operator may fail to pay you in connection with any Prize.

9.21. Lotto Direct reserves the right to oblige Players to receive Prizes equivalent to US$ 100,000.00 (one hundred thousand US dollars) or more in a handover ceremony open to media of Lotto Direct choice and to give one or more interviews. The Player may still choose to stay anonymous.

9.22. If you are not located in the Territory, then you acknowledge that you may need to travel to the Territory to personally collect your Prize or Syndicate Prize Share, as applicable (“Travel”). You are solely responsible and liable for your Travel to and from the Territory, and (except to the extent expressly set forth in Section 9.24 below) all of your related costs and expenses, including, without limitation, travel, accommodation and subsistence costs.

9.23. Notwithstanding Section 9.23 above, if you (i) are entitled to a Prize in the amount of more than US$ 2,500 or a Syndicate Prize Share in the amount of more than US$ 100,000; (ii) do not currently reside in the Territory; and (iii) are required in accordance with these Terms to travel to the Territory to personally collect your Prize or Syndicate Prize Share, as applicable, then we will pay your reasonable and justified (in our sole discretion) travel expenses. You acknowledge that our payment of any travel expenses may be subject to your participation in certain marketing related activities in connection with your collection of the Prize or Syndicate Prize Share, as applicable from the Lottery Operator in the Territory.

9.24. If you Travel to collect your Prize or Syndicate Prize Share, as applicable, then you agree that you remain solely responsible and liable for, and shall: (i) obtain all necessary visas and permits that are necessary to enter the Territory; (ii) secure travel insurance (which must cover you for medical, personal injury and property claims); (iii) obtain all medical inoculations, approvals and/or consents; and (iv) comply with any Lottery Operator Rules that require the completion and submission of specific forms, paperwork or documentation prior to collecting a Prize (collectively, “Travel Requirements”). You acknowledge that your failure to obtain or comply with certain Travel Requirements may preclude you from collecting your Prize or Syndicate Prize Share, as applicable. You undertake and agree that the Travel is entirely at your own risk. You hereby waive any legal or equitable claims, rights or remedies you may have against Lotto Direct with respect to:

(a) any Travel, including without limitation Travel-related incidents, injuries, illnesses, or losses that you may suffer or incur; and

(b) your failure to obtain or comply with any Travel Requirements, including if you are unable to collect your Winning or Syndicate Winning Share as a result.

9.25. The Subscription Service

9.26. The Site enables you to automatically participate, by means of our Messenger Service, in a specific Lottery on a periodic basis (the “Subscription Service”).

9.27. If you elect to participate in the Subscription Service and subscribe to a specific Lottery, then we will utilize our Messenger Services in order to allow you to participate in each future Lottery Draw of that Lottery. You acknowledge that the frequency of Lottery Draws each week depends on the specific Lottery that you are choosing to subscribe to (for example, some Lotteries have a draw once a week, whereas others have a draw two or three times per week).

9.28. You may choose to simultaneously join an unlimited number of subscriptions (for different Lottery Draws).

9.29. By default, your participation in any of the Lotteries through the Subscription Service will be based on the Order numbers that you designate when you commence participating in the Subscription Service (“Subscription Order Numbers”). You may use the Site Tools, at any time, to replace the Subscription Order Numbers with the Order numbers that you have designated in the ‘My Numbers’ feature of your Account.

9.30. You agree that your subscription, and related payment obligations, will remain active until such time as you use the Site Tools to suspend or deactivate your participation in the Subscription Service, which you may do at any time (you may also use the Site Tools to reactivate your participation in the Subscription Service).

9.31. For such time as you are participating in the Subscription Service, you will be debited the Order Price for each Lottery Draw that you play.

9.32. We endeavor to purchase on the user’s behalf each Lottery Ticket as soon as the Site begins to accept Orders for a Lottery Draw, and therefore you acknowledge that if you decide to suspend or deactivate your participation in the Subscription Service, you may still be charged, and you agree to pay, the Order Price for the next-to-occur Lottery Draw.

9.33. You acknowledge that the Order Price for each Lottery Draw may be subject to change for a number of reasons including, without limitation: (i) since the amounts that are displayed on the Site are based on your Designated Currency, the Order Prices are subject to daily currency conversion variations; (ii) the Lottery Operator may change the price that it charges for its lottery tickets; or (iii) our service fees may change.

9.34. You agree that we may automatically debit your Account in connection with your participation in the Subscription Service. If your Account does not contain adequate funds to pay for your participation in the Subscription Service then (i) we will charge your payment method (for example, the credit card that you have designated in your Account), and you hereby authorize us to do so; or (ii) we will not purchase on your behalf your Lottery Ticket, in which event we will send an email to your designated email address notifying you that the transaction was not carried out due to insufficient funds.

Instant Win Games.

9.35. The Site enables users to play Instant Win Games, such as Scratchcards. You may purchase one or more Instant Win Games participations. The sum of money staked for any Instant Win Game, including any service fees (the “Stake”) is displayed in the Instant Win Games section of the Site. The Prize to which you may be entitled in case of a winning Instant Win Game is also displayed in the Instant Win Games section of the Site.

9.36. Each Instant Win Game has a different Stake, different Prizes and a different pay-out table (the “IWG Prize”). The game rules and pay-out tables of all the Instant Win Games are displayed on the Instant Win Game section of the Site. We encourage you to carefully read the rules prior to purchasing an Instant Win Game.

9.37. If you wish to use our Services to purchase an Instant Win Game, you must use the Site Tools to (i) complete an Instant Win Game Order by choosing the type of Instant Win Game that you wish to purchase; (ii) submit the completed Instant Win Game Order; and (iii) pay the Stake. Completion, submission and paying for an Instant Win Game as detailed in this clause shall hereinafter collectively be referred to as ”Purchasing an Instant Win Game”.

9.38. If a Purchased Instant Win Game participation is not played within two months from the date of Purchase of the Instant Win Game participation, we reserve the right to play the Instant Win Game on your behalf or cancel the Instant Win Game or take any other action, at our discretion. Any Prize won will be paid out to your Account.

9.39. If you win an Instant Win Game, the Instant Win Game Prize will be transferred to your Account. You expressly acknowledge and agree that the Instant Win Game Prize may be subject to taxes, charges, withholdings and other deductions and you will be solely and wholly responsible to report and pay all applicable taxes, charges, withholdings and deductions.

10. Promotions

10.1. From time to time, we may offer you Bonuses or other promotional offers. All bonuses and promotions are subject to these Terms of Use and to their specific terms and conditions which will be provided along with the description of each promotion. Participation in any Bonus or promotional offers implies full acceptance of general and specific terms and conditions. It is your sole responsibility to ensure that you have fully read and understood the Terms & Conditions prior to the acceptance of any bonus or promotion.

11. Aborted Orders and Termination of Orders; Errors.

11.1. In the event that the processing of an Order, a Syndicate Order or a Purchase, once it has been Placed or Purchased, is interrupted by a system failure of any nature and is not capable of completion, the amount of the Order, Syndicate Order or Purchase, as applicable will be refunded to your Account.

11.2. We reserve the right to terminate Placed Orders, Placed Syndicate Orders and Stakes without prior notice, whenever we deem this necessary due to software or other errors.

11.3. In the event that any information, including, without limitation, odds and pay tables, is incorrectly published on the Site, we will take action in order to rectify and amend the data in our system so as to reflect the correct information. Any winnings which are affected by the publishing of incorrect information will also be accordingly amended.

12. Complaints and Disputes.

12.1. If you have any questions or complaints regarding the Site, including with respect to our Services, Instant Win Games and/or any payments, you may (i) email us at support@theLotter.com, (ii) submit an inquiry to us by using the ‘Contact Us’ option that is provided on the Site; (iii) chat with us via the online tool that we provide on the Site; and/or (iv) call us (at your own cost) to the support telephone number that we display on the Site (collectively, the “Support Service”).

12.2. 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 (extendable by 10 further days, if necessary).

12.3. Should you remain dissatisfied following attempts to resolve the dispute, without prejudice to your right to take legal action in any court of competent jurisdictions, you can raise your concerns with the alternative dispute resolution service of eCOGRA, an independent ADR service which will consider any case regarding betting or gaming transactions. ADR rules will apply as set out on the site. This can be achieved by completing an online adjudication form available at: https://www.ecogra.org/srs/dispute.php.

12.4. Save in respect of any manifest error, eCOGRA’s decision shall be final subject to full representation given to all parties involved.

12.5. Alternatively, you may escalate directly to the Authority’s Player Support Unit by sending an email on support.mga@mga.org.mt.

12.6. We will inform you, or the Authority in the event that the complaint was referred to us by the Authority, by notice in writing, of the results of our inquiry within 21 days from the date on which the complaint was submitted to us.

13. Responsible Gaming Policy.

13.1 Lotto Direct is committed to and encourages a responsible attitude towards betting and gaming, and in this regard we: (i) prohibit anyone under the age of 18 years (or the applicable age in the relevant country) from registering an Account and using our Services and purchasing Instant Win Games; (ii) recommend that all Users establish limits for participating in Lottery Draws and purchasing Instant Win Games; and (iii) do not recommend that Users turn to Lotteries or Instant Win Games as a source of income or as a way to recoup debt. If you feel that you are using our Services or Purchasing Instant Win Games in an irresponsible way we encourage you to stop using and close your Account by using the Site Tools that we make available on the Site to do so. These include the following:

• You may, at your discretion, choose to limit the amount you may deposit during a specific period of time as is provided by means of the Site.

• You may at your discretion choose to set a maximum session time during which you may be logged in at the Site. After this period has expired, you will be logged out of the Site and any game in progress is stopped.

• You may at your discretion choose to set a time-out for yourself for a period of one day up to six weeks, as per the functions within the Site. During this time you will be unable to play or make a deposit, an order or a purchase.

• You may, at your discretion, choose to set a reality check, which shall be available for Instant Win Games only. The reality check suspends play at intervals of one hour and indicates how long you have been playing including your winnings and losses during this period.

• You may at your discretion choose to exclude yourself from playing for a definite or an indefinite time, as per the functions within the Site, during which period you will not be able to access your Account.

13.2 If you wish to increase an exclusion, these shall become effective immediately upon receipt of notification. If you would wish to decrease a limit set by you, such change shall only take place seven (7) days after the request has been received.

13.3 The Site contains information and links to organizations which can help in case of problem gambling, including links and references to self-assessment tools and resources. If you have concerns about your participation in Lotteries or Instant Win Games, then we encourage you to seek help through these areas of the Site. Further information can be found here.

13.4 We will use our reasonable endeavors to enforce our responsible gambling policies, to provide you with support and with assistance and guidance in the use of our Responsible Gaming tools; nevertheless, we do not accept any responsibility or liability if you continue gambling and/or seek to use the Site with the intention of deliberately avoiding the relevant measures in place and/or we are is unable to enforce such measures for reasons beyond our reasonable control.

14. Intellectual Property Rights.

14.1 The content on the Site, including without limitation, the text, documents, descriptions, products, technology, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are the property of Lotto Direct and/or its licensors, and may be protected by applicable copyright, trademark, patent or other intellectual property laws and treaties. Content may include information about lotteries in general, Lottery Draws and the results and prize money in connection with the foregoing, and information regarding the odds of winning a Lottery Draw. Lotto Direct and/or its licensors reserves all rights not expressly granted in and to the Site and the Content.

14.2 Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “theLotter”, theLotter logo, “Your Global Lottery Agent” and other marks are marks of Lotto Direct or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

15. Third- Party Links.

15.1 The Site may contain links to third party websites that are not owned or controlled by Lotto Direct. 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 Lotto Direct 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.

16. Warranty Disclaimers.

16.1 This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

16.2 The site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. Lotto Direct hereby disclaims 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.

16.3 Lotto Direct cannot and does not guarantee that:

(i) the site will be available at any specific time or for any specific period.

(ii) the site’s features, functionality or performance will meet the player’s requirements or those of third parties.

(iii) the site or its features and functionality are, or will be, compatible with, or available on, the device or system used by a player to access the site.

(iv) any alert or subscription services (and or any other services) a player may choose will be provided in advance of the applicable cut-off time.

Lotto Direct shall be not held liable to a player with respect to such services in case they are incorrect, delayed or not received by the player.

16.4 Lotto Direct does 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 Lotto Direct 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.

16.5 We do not warrant, endorse or guarantee any content, product, game or service that is featured or advertised on the site by a third party.

16.6 Lotto Direct shall have no responsibility for loss or damage due to insolvency of third parties, including, without limitation, banks maintaining Lotto Direct’s bank accounts.

16.7 You agree that Lotto Direct shall not be liable for any:

(i) failure or malfunction of the equipment or technology of your internet service provider;

(ii) loss or damage that may arise from any aspect of the site or its availability or functionality not within the control of Lotto Direct;

(iii) the refusal to provide the services or any of them to any person;

(iv) money lost by placing losing or invalid orders or playing losing instant win games;

(v) any losses caused arising from the misuse or unauthorized use of passwords.

16.8 You agree that Lotto Direct shall not be liable for any lost lottery ticket or failure to lodge a form or purchase a lottery ticket, or for any clerical errors that may be included in a lottery ticket, or for a malfunctioning instant win game, whether such failure, malfunction or error arises from our, or one of our service provider’s systems, human error (each an “incident”). To the extent that any incident arises, or we become aware of any incident, we reserve the right to cancel a lottery ticket, an order, a syndicate order or an instant win game participation, and our sole liability to you, and your sole remedy, shall be a refund of the related order price.

16.9 You acknowledge that content regarding a lottery draw, including the official results of any lottery draw (collectively, “lottery operator data”), is based on information that we obtain from lottery operators and such content may be incorrect, incomplete, and subject to change. We do not warrant, endorse or guarantee the accuracy, currency, or completeness of any lottery operator data and you agree to verify lottery operator data via the website or official publications of the relevant lottery operator.

16.10 Lotto Direct will use reasonable efforts to ensure that the odds, pay tables, results and prizes published and/or provided by it are correct. However, Lotto Direct shall have no liability whatsoever for such errors, including errors which are discovered only after prizes have been paid out, including, without limitations, in case where such error is based on human error, malfunction or incorrect information that is published by the lottery operator or other sources of information relevant to the lottery draw involved.

16.11 We do not make any representation or warranty regarding your chance of obtaining winning numbers or of being entitled to a winning, a syndicate winning share, or a prize. or usage of trade.

16.12 Lotto Direct does not guarantee that a lottery operator will perform (including properly) any lottery draw, honor a lottery ticket and/or, pay applicable prizes or syndicate prizes, and you agree that Lotto Direct will not be responsible for the failure of any lottery operator in connection with any of the foregoing activities. In no event will Lotto Direct be required or liable to pay you any prize or syndicate prize share, or amount equal to the prize, or the syndicate prize share, in the event that a lottery operator fails to do so for any reason. You hereby waive any legal or equitable claims, rights or remedies you may have against Lotto Direct or anyone acting on its behalf that arises from your interaction with a lottery operator and/or the actions or inactions of a lottery operator.

16.13 Lotto Direct is not a lottery operator and does not hold or provide lottery draws. Your participation in each lottery draw and/or an instant win game and purchase of any service is voluntary and at your sole risk. If you have a dispute with a lottery operator or any other user or third party in connection with the site and/or a lottery draw and/or instant win game (and any prize, winning or syndicate winning share in connection thereto), you agree that Lotto Direct is not liable for any claims or damages arising out of or connected with such a dispute. Lotto Direct reserves the right, but has no obligation, to monitor any such dispute.

16.14 Except as expressly stated in our privacy notice, Lotto Direct does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.

16.15 Lotto Direct shall be liable as expressly provided in these terms, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence), breach of statutory duty or otherwise.

16.16 The provisions of this section 16 shall survive the termination or expiry of these terms.

17. Limitation of liability.

17.1 Under no circumstances shall Lotto Direct, or our affiliates, and our respective officers, directors, employees, licensors, assigns and/or agents be liable for any loss of money, cost, expense loss, goodwill, reputation, special, indirect, direct, incidental, punitive or consequential damages of any kind that arises under these terms or that results from the use of, or the inability to use, the site and/or the services, even if Lotto Direct has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

17.2 The provisions of this section 17 shall survive the termination or expiry of these Terms.

17.3 You agree to defend, indemnify and hold harmless Lotto Direct and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) any dispute between you and another User or Lottery Operator; or (iii) your violation of the Site Terms.

18. Term and Termination.

18.1 These Terms are effective until terminated by Lotto Direct. Lotto Direct, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time (including, without any limitation, for a breach of the Site Terms). Lotto Direct shall not be liable to you or any third party for termination of your access to the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 (Term and Termination) and Sections 9 (Terms of Services), 14 (Intellectual Property Rights), 16 (Warranty disclaimers), 17 (Limitation of Liability), and 18 (Term and Termination), and any provision which by its nature should survive, shall survive termination of these Terms.

19. Assignment.

19.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Lotto Direct without restriction or notification to you.

20. Applicable Law and Jurisdiction.

20.1 Lotto Direct reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and Lotto Direct shall be governed by and construed in accordance with the laws of Malta, without regard to its principles of conflict of laws. You hereby waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and Lotto Direct concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that you may have arising out of or related to the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

21. Supplemental Game Terms

21.1 CONDITIONS OF USE.

a. Each Player must:

i. be 18 years of age or over;

ii. pay any taxes due on Winnings; iii. not be a person on the Excluded Lists;

iv. at the time of placing a Bet not be a director, officer, or employee (or their spouse or dependant) of ELBL or the Operator or of one of the group companies or a contractor or service provider of any company within the group of ELBL;

v. Acknowledge that instructions to place or the apparent placement of a Bet after the submission deadline and/or after the start of a specific draw or a draw that has actually occurred will not be valid, irrespective of any automatic confirmation that may be generated or irrespective of a wrong deadline displayed on the Operator’s Website;

vi. Acknowledge that the jackpot values displayed for lotteries offered on the Operator’s Website are approximate estimates of what the jackpot will be using certain assumptions, such as the current or future jackpot being won or rolled over. The value is an estimate and is not legally binding and ELBL and the Operator are not liable for any inaccuracies between the estimated jackpot and the actual jackpot;

vii. Acknowledge that if a lottery draw does not take place or no draw result is published or officially announced or the bets could not be accepted for a particular draw, all valid Bets on that Betting Event will stand for the rescheduled draw or the next available relevant draw;

viii. Acknowledge where these Supplemental Game Terms are published in several languages, the English version of these Supplemental Game Terms will supersede and take precedence over any conflicting elements with other languages;

21.2 WINNINGS FOR BETS ON LOTTERIES

a. Payment of Winnings.

In the event that a Bet is a Winning Bet:

i. a calculation of the total monetary value of the Winnings will be carried out;

ii. if required request with Operator’s support the completion of certain Player verification tasks. In particular, all tier 1 payouts in respect of Bets on the outcome of Betting Events are subject to enhanced player verification, third party audits on win validation and payout by the underlaying insurers; and,

iii. after completion of such verification tasks, assuming no valid issues that may have been identified remain unresolved, the Winnings will be made available to the Operator. For the avoidance of doubt, ELBL shall have no liability to the Player in respect of the Winnings.

b. Calculation of Winnings.

The calculation is different per Underlying Lottery and Prize Category. The following table explains which calculation method applies for each game:

ELBL Game EuroMillions (for Irish players: “Millionaire”)

Underlying Lottery/ lottery-style draws using RiNG Euromillions

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * ÖLG_(draw taking place in Paris)

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) 2 – 3

Type C Prize Categories (Non-Jackpot) 4 – 13

ELBL Game EuroJackpot

Underlying Lottery/ lottery-style draws using RiNG Eurojackpot

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * DLTB

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) 2 – 3

Type C Prize Categories (Non-Jackpot) 4 – 12

ELBL Game German Lotto

Underlying Lottery/ lottery-style draws using RiNG Lotto 6 aus 49

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * DLTB

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) 2

Type C Prize Categories (Non-Jackpot) 3 – 9

ELBL Game MegaMillions

Underlying Lottery/ lottery-style draws using RiNG Mega Millions

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * MUSL

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) –

Type C Prize Categories (Non-Jackpot) 2 – 9

Payout of Prizes in MegaMillions and PowerBall

As is common with MUSL Mega Millions and Powerball, ELBL may also pay out the Winnings in Prize Category 1 over 30 years (the “Annuity Option”). If ELBL chooses the Annuity Option, the first payment will be made as soon as possible after the draw, with the next 29 payments at one-year intervals. The level of payments is calculated such that the payments rise by the percentage set by MUSL from year to year until the full sum has been paid out. If ELBL chooses the option to pay out Winnings in one lump sum (“Cash Option”), the Winnings after withholdings are discounted, as it is done in MUSL Mega Millions and Powerball. The discount rate is 40%, i.e. the lump sum is 60% of the Annuity Option value. It is in ELBL’s discretion to choose the payout plan. Withholdings for Prizes in MegaMillions and PowerBall: ELBL retains 38% withholdings of prizes in the highest three prize categories because it is intended to put Players in similar economic position as if they had played the underlying lottery.

ELBL Game PowerBall

Underlying Lottery/ lottery-style draws using RiNG Powerball

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * MUSL

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) –

Type C Prize Categories (Non-Jackpot) 2 – 9

Payout of Prizes in MegaMillions and PowerBall

As is common with MUSL Mega Millions and Powerball, ELBL may also pay out the Winnings in Prize Category 1 over 30 years (the “Annuity Option”). If ELBL chooses the Annuity Option, the first payment will be made as soon as possible after the draw, with the next 29 payments at one-year intervals. The level of payments is calculated such that the payments rise by the percentage set by MUSL from year to year until the full sum has been paid out. If ELBL chooses the option to pay out Winnings in one lump sum (“Cash Option”), the Winnings after withholdings are discounted, as it is done in MUSL Mega Millions and Powerball. The discount rate is 40%, i.e. the lump sum is 60% of the Annuity Option value. It is in ELBL’s discretion to choose the payout plan. Withholdings for Prizes in MegaMillions and PowerBall: ELBL retains 38% withholdings of prizes in the highest three prize categories because it is intended to put Players in similar economic position as if they had played the underlying lottery.

ELBL Game SuperEnalotto

Underlying Lottery/ lottery-style draws using RiNG Super Enalotto

Underlying Lottery Operator/ lottery-style draws using RiNG Operator * Sisal

Type A Prize Category (Main Jackpot) 1

Type B Prize Categories (Non-Main Jackpot) –

Type C Prize Categories (Non-Jackpot) 2 – 6

ELBL retains 12% withholdings of prizes in the highest three prize categories in SuperEnalotto because it is intended to put the Player in similar economic position as if they had played the underlying lottery. If SuperEnalotto lottery draw does not take place or no draw result is published or officially announced, all valid Bets on that Betting Event will stand for the rescheduled draw (or, if there is none, the next available relevant draw) other than where all valid Bets will stand for the draw of SuperEnalotto GO (using the certificed randon number generator “RiNG”) that takes place either at the same time as the original draw or, if none, the next available SuperEnalotto GO draw.

21.8 “DLTB” – “Deutscher Lotto-und Totoblock” – that operates or co-organise the official draws Lotto 6 aus 49, Spiel 77, Super 6, Glücksspirale and Eurojackpot.

“MUSL” – the Multi-State Lottery Association, which operates the Powerball and Mega Millions lotteries.

“Sisal“ – the Italian lotteries organisation that operates the official Italian lottery Enalotto.

“ÖLG“ or “Österreichische Lotterien Gesellschaft” – the Austrian lotteries organisation that operates the official lotteries Lotto 6 aus 45, Joker and the Euromillions

21.9 c. Winnings in a Type A Prize Category.

The Winnings payable in respect of each Bet in a Type A Prize Category (as defined in the table above), will depend on the number of the Underlying Lottery Winning Tickets in that Prize Category, the number of ELBL Winning Bets in that Prize Category, the payable Prize by the Underlying Lottery Operator for the Underlying Lottery Winning Tickets in that Prize Category as well as the Underlying Lottery Jackpot in that Prize Category. ELBL calculates the Winnings in a Type A Prize Category on the basis of the amount of aggregate stakes published by the Underlying Lottery Operator as well as the distribution to that Jackpot Prize Category or on the basis of the jackpot published on the Website of the Underlying Lottery Operator for that Prize Category of the relevant draw of the Underlying Lottery.

Only one ELBL Winning Bet in a Type A Prize Category

If there is only one ELBL Winning Bet in a Type A Prize Category, the Winnings payable in respect of this ELBL Winning Bet are calculated as:

Winnings = Underlying Lottery Jackpot in that Type A Prize Category / (Underlying Lottery Jackpot Winning Tickets in that Type A Prize Category + 1)

Example 1: There is only one ELBL Winning Bet in the Type A Prize Category and no Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in the Type A Prize Category in respect of an Underlying Lottery Jackpot in the Type A Prize Category of 90,000,000.00 EUR. The Winnings payable in respect of that single ELBL Winning Bet amount to 90,000,000.00 EUR.

Example 2: There is only one ELBL Winning Bet in the Type A Prize Category and two Underlying Lottery Jackpot Winning Tickets have been announced by the Underlying Lottery Operator in the Type A Prize Category in respect of an Underlying Lottery Jackpot in the Type A Prize Category of 90,000,000.00 EUR. The Winnings payable in respect of that single ELBL Winning Bet amount to 30,000,000.00 EUR.

More than one ELBL Winning Bet in the Type A Prize Category

If there is more than one ELBL Winning Bet in the Type A Prize Category, the Winnings payable in respect of the ELBL Winning Bets in the Type A Prize Category are calculated based on a “Share Model“, consisting of three steps.

Step 1 – Calculation of the number of shares: Number of shares = Number of Underlying Lottery Jackpot Winning Tickets in that Prize Category + Number of ELBL Winning Bets in that Prize Category

Step 2 – Calculation of Size of each share: Size of 1 share = Underlying Lottery Jackpot in that Prize Category / Number of shares

Step 3 – Allocation of Winnings: 1 share per ELBL Winning Bet in the Type A Prize Category

Example 3: There are two ELBL Winning Bets in the Type A Prize Category and one Underlying Lottery Jackpot Winning Ticket has been announced by the Underlying Lottery Operator in the Type A Prize Category in respect of a Underlying Lottery Jackpot in the Type A Prize Category of 90,000,000.00 EUR. There are three payout shares, with a size of 30,000,000.00 EUR each. The Winnings payable in respect of each ELBL Winning Bet in the Type A Prize Category amounts to 30,000,000.00 EUR.

21.10 d. Winnings in a Type B Prize Category.

The Winnings payable in respect of each ELBL Winning Bet in a Type B Prize Category (as defined in the table above, for example Prize Category 2 in EuroMillions) will depend on the number of the Underlying Lottery Winning Tickets in that Prize Category, the number of ELBL Winning Bets in that Prize Category, the payable Prize by the Underlying Lottery Operator for the Underlying Lottery Winning Tickets in that Prize Category as well as the Underlying Lottery Jackpot in that Prize Category. ELBL calculates the Winnings in a Type B Prize Category on the basis of the amount of aggregate stakes published by the Underlying Lottery Operator as well as the distribution to that Jackpot Prize Category or on the basis of the jackpot published on the Website of the Underlying Lottery Operator for that Prize Category of the relevant draw of the Underlying Lottery.

Only one ELBL Winning Bet in a Type B Prize Category

If there is only one ELBL Winning Bet in a Type B Prize Category, the Winnings payable in respect of this ELBL Winning Bet are calculated as:

Winnings = Underlying Lottery Jackpot in that Type B Prize Category / (Underlying Lottery Jackpot Winning Tickets in that Type B Prize Category + 1)

Example 1: There is only one ELBL Winning Bet in a Type B Prize Category and no Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in that Type B Prize Category in respect of an Underlying Lottery Jackpot in a Type B Prize Category of 9,000,000.00 EUR. The Winnings payable in respect of that single ELBL Winning Bet amount to 9,000,000.00 EUR.

Example 2: There is only one ELBL Winning Bet in a Type B Prize Category and two Underlying Lottery Jackpot Winning Tickets have been announced by the Underlying Lottery Operator in that Type B Prize Category in respect of a Underlying Lottery Jackpot in a Type B Prize Category of 9,000,000.00 EUR. The Winnings payable in respect of that single ELBL Winning Bet amount to 3,000,000.00 EUR.

More than one ELBL Winning Bet in a Type B Prize Category

If there is more than one ELBL Winning Bet in a Type B Prize Category, the Winnings payable in respect of these ELBL Winning Bets are calculated based on a Share Model, consisting of three steps:

Step 1 – Calculation of the number of shares: Number of shares = Number of Underlying Lottery Winning Tickets in that Prize Category + Number of ELBL Winning Bets in that Prize Category

Step 2 – Calculation of Size of each share: Size of 1 share = Underlying Lottery Jackpot / Number of shares

Step 3 – Allocation of Winnings: 1 share per ELBL Winning Bet in that Prize Category

Example 4: There are two ELBL Winning Bets in a Type B Prize Category and one Underlying Lottery Winning Ticket has been announced by the Underlying Lottery Operator in that Type B Prize Category in respect of an Underlying Lottery Jackpot in a Type B Prize Category of 3,000,000.00 EUR. There are three payout shares, with a size of 1,000,000.00 EUR each. The Winnings payable in respect of each ELBL Winning Bet in that Prize Category amount to 1,000,000.00 EUR.

21.11 e. Winnings in a Type C Prize Category. The Winnings to be paid out in respect of each ELBL Winning Bet in a Type C Prize Category (as defined in the table above, for example Prize Category 4 in EuroMillions) shall be the amount of the Prize announced by the Underlying Lottery Operator in respect of an Underlying Lottery Winning Ticket in the respective Prize Category. If the Underlying Lottery Operator has not announced a Prize in the respective Prize Category for the relevant draw of the Underlying Lottery, the Winnings payable in respect of each ELBL Winning Bet in that Prize Category will be calculated on the basis of the aggregate amounts paid in for the relevant draw of the Underlying Lottery announced by the Underlying Lottery Operator and its allocation to the winning Prize Categories.

21.12 f. Payout of Prizes from Prize Categories to other Prize Categories. The above regulations apply based on the assumption that there was no payout of Prizes from one Prize Category to another Prize Category, regardless of whether the rules of the Underlying Lottery indicate otherwise. Therefore, in the event Prizes of a higher Prize Category are added to a lower Prize Category, due to either (1) no Underlying Lottery Winning Tickets in a Prize Category for one draw, (ii) no Underlying Lottery Winning Tickets in the higher Prize Category for a number of subsequent draws or (iii) a jackpot cap in respect of the higher Prize Category, this will not be taken into account by Operator. Operator will only payout the Prize originally allocated to that lower Prize Category based on the stakes published by the Underlying Lottery and the prize allocation table of that lottery.

21.13 g. SpecialJackpots.

For all games, the Operator has the possibility to announce a SpecialJackpot under its sole discretion. In this case, the SpecialJackpot sum announced replaces any Underlying Lottery Jackpot in that Type A Prize Category.

21.14 h. One Prize Category.

Only one Prize Category can be won per Bet, which will be the highest of the available Prize Categories achieved by, and relevant to, that Bet. A Combo Bet can win in more than one Prize Category, based on the separate Bets it is made of.

21.15 i. Currencies.

Winnings are calculated and credited in EUR. The exchange rate used is the spot rate of exchange (the closing midpoint) for that currency into EUR on the respective draw date as published on oanda.com or (if oanda.com is not available) the European Central Bank euro foreign exchange reference rate (ECB rate) for the respective draw date. This also applies for annuity payments.

21.16 j. Displayed Information.

ELBL will not be liable for any mistakes in respect to the information displayed.

21.17 DEFINITIONS

“Affiliated Company” – another company which is licensed to accept bets and/or has entered an agreement with ELBL.

“Bet” – a bet on the outcome of an Underlying Lottery and/or Underlying Lottery Jackpot.

“Combo Bet” – in a combo Bet all possible combinations of the selected numbers are classified as separate Bets

“Excluded Lists” – any person citizen of or resident in a country currently listed by the FATF as posing a risk to the international financial system, in June 2019 published at http://www.fatf-gafi.org/countries/#high-risk; any person listed on the financial sanctions list of HMRC, in May 2019 published at http://hmt-sanctions.s3.amazonaws.com/sanctionsconlist.htm or http://www.fatf- gafi.org/countries/#other-monitored-jurisdictions; any person citizen of or resident in the United States of America; United Kingdom, Republic of Ireland, South Africa, Australia, Belgium, Bulgaria, Denmark, France, Italy, Portugal, Romania, Spain, Hong Kong, Macau, Philippines, Singapore and Taiwan.

“FATF” – Financial Action Task Force

“Jackpot” – in the case of a Bet, the maximum possible winning at ELBL in respect to the underlying draw of the relevant Prize Category/Prize Categories of the relevant lotteries.

“Game Overview” – the calculations as set out in these terms and conditions under the heading “Calculation of Winnings”.

“SpecialJackpot” – in the highest Prize Category communicated by the Operator in regards to a ELBL game, if that sum is higher than the published jackpot of the relevant underlying lottery.

“ELBL Winning Bet” – a winning Bet placed on the Operator’s Website, which was successfully submitted, via the Internet, and placed by the Operator on behalf of Players with ELBL, and, including possible winning Bets introduced through a third party to Affiliated Companies and then placed by a third party on behalf of a player with the Affiliated Companies.

“Operator” – Lotto Direct Limited

“Operators’ Website” – means the website accessible by Players operated by the Operator which is theLotter.com

“Pay Out” – the amount, which the operator of an Underlying Lottery has to pay out or has already paid out, in respect to a correctlymatched Bet of a relevant draw in a relevant Prize Category

“Player” – a registered user of the Operator’s Website.

“Prize Category” or “Prize Tier” – the total amount of numbers correctly matched by any player who has placed a bet with ELBL or any company within its group, the Operator or any other operator, by whatever means, (including but not limited to Super Numbers, Stars, Euro Numbers, Powerballs, Megaballs, Bonus Balls and/or others as applicable) determines the Prize Category in respect of the relevant draw of a certain lottery or a relevant game, as announced in the official rules of the Underlying Lottery.

“RiNG” – a random number generator used to conduct lottery-style draws. The random number generator is compliant with the applicable regulatory model and standards.

“Type A Prize Category” – a Prize Category where the payout to Players depends on the total number of ELBL Winning Bets and Underlying Lottery Winning Tickets in that Prize Category, as defined in the ELBL Game overview.

“Type B Prize Category” – a Prize Category where the payout to Players depends on the total number of ELBL Winning Bets and Underlying Lottery Winning Tickets in that Prize Category, as defined in the ELBL Game overview.

“Type C Prize Category” – a Prize Category where the payout to Players is independent from the number of ELBL Winning Bets and Underlying Lottery Winning tickets in that Prize Category, as defined in the ELBL Game overview.

“Underlying Lottery” – a lottery that an ELBL game is based on or a lottery-style draw conducted using the RiNG technology unless otherwise stated herein.

“Underlying Lottery Jackpot” – the aggregate amount payable by the Underlying Lottery Operator in respect of all Underlying Lottery Winning Tickets in a Type A or Type B Prize Category in respect of the relevant draw of the Underlying Lottery, as announced by the Underlying Lottery Operator or, in a condition where no such Winning Tickets are announced, the amount that would have been payable by the Underlying Lottery Operator had there been a Underlying Lottery Winning Ticket in that Jackpot Prize Category in respect of the relevant draw. For ELBL Games using RiNG technology the amount is published on the Operator’s Website.

“Underlying Lottery Operator” – the organisation that organises or co-organises the Underlying Lottery.

“Winnings” – this refers to the amounts to be paid to Players in respect of ELBL Winning Bets.