TERMS AND CONDITIONS
1. LottobyText and Conditions
As a visitor to this site, LottobyText (the “site”), you are required to acknowledge that you have read, understood and agree to be bound by these terms and conditions (the “Terms“). This page (together with the documents expressly referred to within it) provides you with information about us and the legal terms and conditions applicable to users of, and visitors to, our website. By clicking the ‘join’ button, you (“you”, the “member”) confirm that you have read and understood these Terms (including the documents expressly referred to herein) and you agree to be legally bound by them in relation to your use of the site. If you refuse to accept these Terms, you will not be able to open an account on our site.
Account: means the account created and assigned to the user’s given Mobile number
Active Syndicate: means a member’s Lottery Alert service which has a live ongoing payment plan in the form of a subscription, allowing for continuous Lottery Alerts and entries to the Agreed Lottery draws.
Agreed Lottery: means the lottery product(s) contained within the member’s syndicate arrangement.
Bonus Credit: mean the stored credit the is given to a member as an alternative payment method to join promoted syndicates)
Business Day: means a day other than a Saturday, Sunday or public holiday in England when banks in England are open for business.
Claim Reference: is the receipt code that is given to each member’s syndicate draw entry and confirms the member’s rights to make a claim for any associated winnings on that draw in accordance to the member’s syndicate share.
Inactive Syndicate: means a member’s Lottery Alert service and Active Syndicate subscription payment plan has been terminated, which means that further Lottery Alerts and entries to the Agreed Lottery draw will not occur.
Lottery Ticket: a ticket for an Agreed Lottery.
Lottery Alert: winning results alerts sent to your mobile.
Reward Points: means the reward programme currency that is used to gain access to non lottery services / product promoted on the site
Suspended Syndicate: means a member’s Active Syndicate has been paused for an agreed period, meaning that a number of scheduled entries to the Agreed Lottery draw will be skipped.
Syndicate: means an agreement to share any winnings at a given ratio. is a group of member who share the winnings of a Lottery draw.
Syndicate share: The percentage entitlement a member’s syndicate will have in any given Agreed Lottery draw
Bitstacker Ltd (“Bitstacker”), operates the site. Bitstacker is a company registered in England with company registration no: 08517360 and VAT number: GB 163 6240 21. Bitstacker’s registered office is at Suite 8, 34 Buckingham Palace Road, London, SW1W 0RH, England.
To contact us please write to the following address: Customer support centre, LottobyText, BCM BOX 5552, London, WC1N 3XX. Alternatively, you can always speak to our customer support representatives between the hours of 10.00am – 5:30pm GMT on 0161 850 4578. Or email us at [email protected]
Bitstacker does not promote a lottery and is not a lottery promoter. The services offered by Bitstacker and associated brands, such as LottobyText and Lotto Social, do not fall within the definition of gambling services nor is Bitstacker or any of its associated companies a gaming company requiring a licence from the UK Gambling Commission. Bitstacker is a Lottery Alert service and a ‘Lottery Syndicate Organiser’ as described in the UK Gambling Commission website, Lottery Sector, Lottery Syndicate, Example 1 – Syndicate organiser. Bitstacker Ltd being a Lottery Alert service and a Lottery Syndicate Organiser is NOT a service that is governed or regulated by the Financial Services Authority; a Syndicate does not amount to joining a collective investment scheme.
2. How to join LottoByText
To enter a Lottery Alert service and Lottery Syndicate (as described in clause 3 below) or play any of the other games on our Site (the “Games”), you are required to have a member account on the site (“Account”).
To apply for an Account, you must complete the registration process.
Prospective members may need to supply the following information as part of the registration process:
- (a) full name;
- (b) mobile number;
- (c) email address;
- (d) date of birth; and
- (e) address details.
- (f) A password of their choosing;
On approval of your application to become a member, you may be sent a communication in the form of a SMS text which confirms the acceptance of your application. A member is appointed from the date of acceptance of the application by Bitstacker. As a Member you agree to receive communications from time to time, in the form of email and/or text messages inviting you to join available syndicates and other member related services. Members can change their preferences and unsubscribe at any time using ‘communications control’.
The Member selected password, must be kept confidential and not shared with anybody. Members must keep passwords and any claim references (relating to the Syndicate) secure at all times in order to prevent unauthorised access. In the event that a member has forgotten their password the member can click the forgotten password link and a new password will be sent to the member’s registered mobile number.
Accounts are non-transferable. The Account may only be used by the individual who created it and not by anyone else. We reserve the right to close your Account if we have reason to believe that your Account details are being used by anyone other than the registered member and/or you have not kept your password confidential.
You shall be liable for all activities that are undertaken using your Account, together with the associated password, and you shall compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your login details strictly confidential.
In consideration of our accepting your application to open an Account, you represent and warrant as follows:
- (a) you are 16 years of age or over;
- (b) you are of sound mind and capable of taking responsibility for your own actions and you can enter into a legally binding contract with us;
- (c) you have the legal right to use the given; mobile number, debit /credit card(s) or e-wallet registered on your Account and to incur changers;
- (d) you will inform us immediately if any of the information you provided in your application to open an Account is not true;
- (e) you are not an undischarged bankrupt and you are not in a voluntary arrangement with your creditors;
- (f) you are not located in a jurisdiction where participating in the Syndicate or playing a Game is prohibited and/or would be considered an illegal activity; and
- (g) You will, at all times whilst holding an Account, comply with all applicable legislation in the jurisdiction in which you are located.
It is your responsibility to keep your contact details up-to-date on your Account. We may, from time to time, send you important information using the details that you have provided to us. If those details are incorrect or not up-to-date you may not receive important information relating to your Account or these Terms.
Bitstacker reserves the right to refuse to complete registration for a prospective member for any reason at its absolute discretion. Approved member’s give consent to Bitstacker, Hatchster ltd and Groupify ltd for the right to use your details, including a picture and any testimonial provided for promotional and press release purposes.
3. Lottery Syndicate
The lottery syndicate available on the site (the “Syndicate”) allows players to participate in the National Lottery and other lotteries as part of a syndicate with other members. The Syndicate is operated by Groupify Ltd. Groupify Ltd appoints syndicate managers who purchase all lottery tickets for participation in the National Lottery, other lotteries and manages the ticket allocation and distribution of winnings to members of the Syndicate.
Bitstacker is the Lottery Alert service provider and Syndicate organiser and charges a fee issuing the lottery results.
By entering the Lottery Alert service, you agree to be bound by these Terms.
Details of entry times for each Lottery draw (“Lottery Draw”) are set out on the site. You cannot participate in entries for any Lottery Draw outside of these times. Any application to participate in a Lottery Draw which is received after the time set out in the site will be rejected and you will not be included in the Syndicate for the past draw, but maybe entered into another draw.
The size of a syndicate is based on the Offer, if the member’s Syndicate wins any monies each Member’s share is divided in accordance to the portion stated by syndicate size, For avoidance of doubt the Syndicate Size is not necessarily the number people in the syndicate but the part share (a syndicate size of 30 means a 30th share) of winnings that a member will receive if the tickets assigned to the Syndicate is won. The Syndicate Size information is clearly shown on the ticket before the draw.
The winning numbers for each Lottery Draw will be displayed on the site shortly after the completion of the Lottery Draw. If you are part of a winning Syndicate you may receive a claim reference ID which you must use to claim your winnings. Details of how to claim any winnings are set out in clause 6.
Details of all “Games” Games are included on the site under store. Any member is permitted to play such Games free of charge.
No cash payment is required or is allowed to pay for any of the Games on the site.
To play any of the Games, a member must be directly given the right to play or have the requisite number of Reward Points (details of which are set out in clause 5). A member can find out how many Reward Points he/she has at any time by reviewing their Account on the site. If you do not have a sufficient number of Reward Points, you will not be able to play the Games.
Entry into a Game will result in a deduction of Reward Points from your Account.
Instructions on how to play each Game will be detailed on the site.
Winners of Games can earn Rewards Points, free play of subsequent games, or win a cash prize, if they successfully complete the skill game. The details of the prizes available for each Game will be clearly set out on the site and available for you to view before you choose to play the Game.
- • All games with a prize as a possible outcome on the ‘site’ are skill based. The prize outcome of a Play in a Game is determined by the skill of the player.
- • At the start of a game, you are presented with a game window, which is shown when your game play is set up and ready to play. There may be additional game rules shown here as well.
- • To start a game, you must accept the additional ‘game terms’, as shown on the start game page. To accept the additional terms, you must click the PLAY button. Once clicked, the game will officially have started and the game cannot be re-issued or paused.
- • Once a game is completed you will be brought to the ‘End game’ page which will confirm the outcome of your game play.
- • Each game has an expiry date, which is set at sixty (60) days from when the game(s) was first issued to you.
- • You cannot buy Games with cash as they do not have a monetary value and all game entries are ‘gifted’ either directly or via our Reward Points Programme where you redeem your gifted points in exchange for games.
- • We reserve the right to amend or modify our Terms at any time and will attempt to notify you of any changes.
The membership of a Lottery Alerts service requires payment to receive Lottery Alerts and entry in a syndicate draw, unless otherwise stated on the site. Full details of the payments required are set out on the site.
Payment shall be taken by Bitstacker and/or Hatchster ltd or its agent, using the payment method chosen the member when you joined the Lottery Alert service.
Where payment is made using Bonus Credit such number of Bonus Credit shall be deducted from the member’s user account.
Where payment is made using Reward Points (see below) such number of Reward Points shall be deducted from member’s user account.
Reward Points awarded to members for using the site (“Reward Points”) can be exchanged for some of the Games on the site. Details of where Reward Points can be used are set out on the site. Each Game will set out the number of Reward Points which are required to play the Game.
Reward Points are automatically issued to members and will appear in their Account. Example as to when Reward Points will be issued against a user action are shown below:
- (a) General interaction throughout the site;
- (b) Opening and reading communications;
- (c) participation in discussion on the site;
6. Making Claims for Winnings or Prizes
If Bitstacker has not received payment (in cash or bonus credit, as the case may be) for Lottery Alerts prior to the due date for such payment, the member will not be entered into the Syndicate draw and will not receive winning Lottery Alerts. accordingly will not be entitled to any winnings generated by that Syndicate draw.
To make a claim for winnings in relation to a Syndicate, a member must have a valid Claim Reference ID for the draw being claimed for (see clause 3). Groupify Ltd, the operator of the syndicate management service, will disburse winnings in respect of all valid claims made by members in connection with the Syndicate. Disbursement of any winnings in respect of the Syndicate will normally be made within 14 days of the relevant claim. For any prizes greater than £500 the claimant will need to contact the customer services centre at [email protected] who will take the claimant through the claims process.
Payout payments will be made via the chosen method and to the given details as notified by the member to Bitstacker. It is the responsibility of the member to ensure that Bitstacker holds correct and up to date postal and contact details.
Any payout which is less than £3.00 will not be automatically paid out but will be held in the member’s account unless the member writes to [email protected] directly to request an ad hoc manual payment to process the low value amount.
Bitstacker and/or Groupify Ltd reserves the right to require a member to supply further documentation to verify that member’s age or identity or to request an authentication agency to verify the member’s identity.
The decision of Bitstacker in relation to winners of any Game or the payment of winnings in relation to any Syndicate or Game is final and binding and no correspondence will be entered into in respect of such decisions.
Prizes are subject to availability and are non-transferable and non-exchangeable.
7. Account cancellation, variation or suspension
A member who has joined and elected to pay via Mobile billing, can cancel or stop the future subscription payments at anytime by simply sending an sms text stating “STOP to 87770” which will stop the last charged Lottery Alert or “STOPALL to 87770” which will stop all future payments for all active subscriptions. Cancel message should be sent to the short code number of the last message received.
The Member can cancel their future Lottery Alert subscription payments via the online member area by selecting the link “Tickets” and clicking the “Manage” button for the required syndicate. Future payment subscription cancellation will take effect within 20 mins after acknowledgement of the cancellation request for all payment options except for Direct Debit, which can take up to five working days for the member’s bank to process. The member can also contact the customer services representatives between the hours of 10am – 5.30pm GMT and on a working day via 0161 850 4578, or email us on [email protected] to also make a future subscription payment cancellation.
If you have subscribed via an e-wallet provider you will have to log into the member’s e-wallet merchant provider in order to cancel future subscription payment.
If Bitstacker discovers that a member was not eligible to open an Account or any information submitted during registration was provided fraudulently, or is inaccurate, Bitstacker reserves the right to take all appropriate steps in relation to that member and his Account (including, without limitation, suspending or terminating that Account, and investigating any security issues). In such circumstances, Bitstacker can withhold any winnings due to that member.
Bitstacker may terminate all a member’s Lottery Alert service and the member’s use of the site if a member’s conduct in any way that compromises Bitstacker’s reputation or contravenes the Policies and Procedures or the Member Syndicate Agreement.
A member has 28 days in which to appeal against any such decision made by Bitstacker.
On termination of a member’s Account, and subject to any ongoing investigation, Bitstacker will allow the return of any member’s balance of unutilised funds to the bank (or building society) account, details of which have been provided by the member to Bitstacker, or (if no such details are provided) by cheque by post to the address provided by the member. In the event that Bitstacker is not able to return the unutilised funds to the relevant bank (or building society) account it will retain the unutilised funds for a period of three months from the date the account was terminated.
8. Member warranties
Each member warrants that they will only use their Account and in accordance with these Terms and in an appropriate and lawful manner and they shall not authorise or permit any other party to:
a) receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) or otherwise objectionable or unlawful; or
b) knowingly or recklessly transmit any content (including, without limit, viruses) through the site which shall cause, or be likely to cause detriment or harm, in any degree, to computer systems owned by Bitstacker or others; or
c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to inhibit others from participating or using the site or any other website, or which is otherwise likely to damage the reputation or business of Bitstacker or of any third party.
Each member and prospective member agrees to indemnify Bitstacker against any costs, losses, damages and expenses which it may suffer or incur arising out of or in relation to any claim, legal proceeding or demand made by any third party due to or arising out of a member’s wrongful or negligent use of his Account, access to the site or breach by that member or prospective member of these Terms.
9. Intellectual Property Rights
We own, or are the licensor of, all intellectual property rights in and to the site.
We hereby grant to you a revocable, royalty-free, non-exclusive licence to access our site provided that you comply with these Terms. Your use of our site confers no rights whatsoever to the content and related intellectual property rights contained on our site.
EuroMillions is the trademark of Services aux Loteries en Europe. The National Lottery and Lotto logos are trademarks of the National Lottery Commission.
LottoByText.com is not connected with Camelot Group PLC, The National Lottery Commission or Services aux Loteries en Europe operators of the EuroMillions Lottery or any other lottery companies other than in the normal course of business.
This site and other trading brands such as LottobyText form part of Bitstacker.
Bitstacker is a company registered with the Information Commissioner’s Office, Registration number ZA010653 and maintains and manages the database and all promotions for the LottobyText brand.
11. Our Liability
Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation; and/or
- (c) any other liability which cannot be excluded or limited by applicable law.
If we fail to comply with these Terms, we are not responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (including indirect, special or consequential loss).
Our total liability to you in respect of any losses arising under or in connection with these Terms, your Account and your use of the site, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount owed to you in the amount you have paid for entry of the draw at the time of such breach.
We are not liable for the failure of any equipment or software howsoever caused that may prevent the operation of the site, or our Services or may impede the playing of the Syndicate and any Games on the site or prevent you from being able to contact us.
Bitstacker does not guarantee, under any circumstances, the accuracy of the content of the site or the functionality of the overall site. Any decision made by a member based on information on this site is the responsibility only of that member.
Except as expressly stated in these Terms and to the extent permitted by law, we do not give any representation, warranties or undertakings in relation to your use of the site. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an a operational, business issue or Event Outside Our Control. “An Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation any act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or obstruction or failure of public or private telecommunications networks and/or the internet.
If an Event Outside Our Control or other business or operational issues takes place that affects the performance of our obligations to you:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Bitstacker may wish to suspend or terminate the services available on the site at any time:
a) for repair or maintenance work or in order to upgrade or update its systems; or
b) if Bitstacker ceases to run the Syndicate or any of the Games or any part of the site to its members for any reason whatsoever; or
c) for any other reason at its sole discretion.
12. Customer Support
To contact Bitstacker, please write to the following address:
LottobyText Customer Service
BCM Box 5552
Alternatively, you can always speak to a customer support representative between the hours of 10am – 5.30pm on 0161 850 4578
or email [email protected]
13. General provisions
If any provision of these Terms is found to be invalid, illegal or unenforceable, Bitstacker may amend or delete the provision. The amendment or deletion of any clause will not affect the remaining clauses and provisions.
Bitstacker’s failure to exercise any of the rights in relation to these Terms does not constitute a waiver of its right to require compliance. Waiver of any part of this agreement or any provision of the rewards programme must be in writing and signed by an authorised officer of Bitstacker.
We may amend these Terms from time to time. Each time you use the site, the Terms which are in force at that time will apply to the contract between you and us.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
You may not assign these Terms to any third party.
This contract, created by you accepting these Terms, is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with these Terms will be governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.