LAOCHRA ÓG INTERACTIVE 50/50 DRAW TERMS AND CONDITIONS
Version 1.0, 13 January 2020
INTRODUCTION
The interactive 50/50 tickets Website which is accessed via www.laochraog.com (the “Website”) is owned and operated by Laochra Óg. A number of terms are defined throughout these Terms and Conditions. Two versions of shall be offered, an Annual Ticket version and a Pay-As-You-Go version.
YOU MUST BE AGED AT LEAST EIGHTEEN YEARS AND LEGALLY RESIDENT IN IRELAND TO PLAY THE 50/50 TICKETS.
A copy of the Terms and Conditions, or, any further information about the Laochra Óg 50/50 Draw and Laochra Óg 50/50 tickets may be obtained by accessing the Website.
The price of each Play for every 50/50 ticket will be displayed on the website on screen in advance of play.
After the 50/50 Draw, the Player is informed if he is a winner and how much he has won.
These Interactive Terms and Conditions (the “Terms and Conditions”) set out the various rules and procedures that you will need to follow in order to purchase a ticket. These Terms and Conditions also provide information on playing 50/50 Draw and apply to all 50/50 tickets played on the Website with effect from the Effective Date. Laochra Óg recommend that you are familiar with the Terms and.
Please read the following Terms and Conditions, and the 50/50 tickets Rules, carefully as they are the legal terms you agree to abide by when you access and use this Website to play Laochra Óg 50/50 tickets online. We strongly recommend that you print a copy of these Terms and Conditions for your own records.
Disclaimers
THE WEBSITE AND/OR THE INTERACTIVE SYSTEM ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY LAOCHRA ÓG, THIS WEBSITE AND/OR THE INTERACTIVE SYSTEM ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS LAOCHRA ÓG. LAOCHRA ÓG MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, THE INTERACTIVE SYSTEM, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. LAOCHRA ÓG ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF LAOCHRA ÓG, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE. LAOCHRA ÓG MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE, FACILITIES AND/OR MATERIALS ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).
YOU AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE WEBSITE AND/OR THE INTERACTIVE SYSTEM IS PERFORMED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
ALL USE BY YOU OF THE WEBSITE AND THE INTERACTIVE SYSTEM IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES OR MATERIALS PROVIDED ON THE WEBSITE. YOU AGREE THAT LAOCHRA ÓG AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO LAOCHRA ÓG WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
PART I
Limitation Of Liability
To the maximum extent permitted by applicable law, neither Laochra Óg nor any of its officers, members, directors, employees, agents, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of the Website or the Interactive System including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Laochra Óg has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Laochra Óg nor any of its officers, members, directors, agents, employees, affiliates or other representatives be liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the Website and/or the Interactive System, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall Laochra Óg or any of its officers, members, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, delays, losses, errors or omissions made by the postal or other delivery services or the banking system, or the non- performance of a third party.
Laochra Óg does not exclude liability for fraud or for death or personal injury caused by our negligence (or that of our employees or authorised representatives).
In any event, your sole remedy under these Terms and Conditions will be the reimbursement to you of the monies paid by you in respect of the relevant 50/50 ticket.
Indemnity
You agree to defend, indemnify and hold Laochra Óg (and as applicable, its officers, members, directors, employees, agents, licensors, subsidiaries, affiliates and any of our third party information service providers) harmless against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of the Website and/or or the Interactive System, including but not limited to posting content on the Website, playing 50/50 tickets on the Website, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.
Intellectual Property Rights
The information, content, graphics, text, sounds, images, buttons, trade marks, get up, service marks, trade names and logos (the “Materials”) contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties.
You are granted a limited licence solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this Website, and to download the Materials contained on this Website to an internet enabled device, and to print a single hard copy of the Materials contained on this Website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional on your agreement to, and compliance with the Terms and Conditions. Any other use of the Materials on this Website, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Laochra Óg, is strictly prohibited and is in violation of the proprietary rights of Laochra Óg.
Other rules may apply to certain software and other items provided as part of this Website. Any special rules will be listed as “legal notices” on our Website and are incorporated into these Terms and Conditions by this reference. All software that is made available for downloading from our Website (“Software”) is protected by copyright and may be protected by other rights. You may only use such Software for the purposes of using this Website, and may not copy, reproduce, distribute or create derivative works based on the Software. Except as expressly permitted by applicable law, you agree not to dissemble or otherwise reverse engineer any of the Software for any reason, or permit any third party to do so. The use of such Software may also be governed by the terms in the software licence agreement or applicable “legal notice” accompanying such Software. The downloading and use of such Software is conditional on your agreement to be bound by the terms of the relevant software licence agreement or designated “legal notice”.
Hypertext links to this Website are prohibited without the prior written consent of Laochra Óg.
Laochra Óg (and logo) and all other trade marks and logos registered by Laochra Óg are trade marks of Laochra Óg. All other trademarks, service marks, trade names and logos contained in this Website belong to their respective owners.
Laochra Óg and/or its licensors (as the case may be) retains all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Laochra Óg, its affiliates or any third party.
Availability
Although Laochra Óg endeavours to ensure the Website and the Interactive System are available during gaming hours as determined by Laochra Óg from time to time, there may be occasions when interruption to the Website and/or the Interactive System may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Laochra Óg shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website and/or the Interactive System.
Links to other Websites
Laochra Óg makes no representations, warranties or undertakings about any content of or information on any other Website referred to or accessed by hypertext link through this Website or from which this Website is referred to or accessed by hypertext link (“third party site”). Laochra Óg does not endorse or approve the content of any third party site, nor will Laochra Óg have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded. Nor can Laochra Óg guarantee that the controller of any third party Website will respect your privacy in the same manner as Laochra Óg.
Amendment of Terms
Laochra Óg reserves the right to change the content, presentation, performance, use and facilities and availability of any part of this Website and/or the Interactive System at its sole discretion and without liability to you, including the Terms and Conditions and you should check these Terms and Conditions regularly for any changes.
Occasionally Laochra Óg may:
(a) change the technical specifications of the Website and/or the Interactive System or any portion thereof; or
(b) suspend the Website and/or the Interactive System or any portion thereof for operational reasons such as repair, maintenance or improvement of the Website and/or the Interactive System or any portion thereof or because of an emergency; or
(c) change the system resource limits applicable to your use of the Website and/or the Interactive System or any portion thereof.
If We change these Terms and Conditions you will be notified of the changes and the next time you access the Website asked whether or not you accept the revised Terms and Conditions.
Waiver
The failure of Laochra Óg to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and Conditions represent the entire understanding and agreement between you and Laochra Óg relating to use of this Website, and supersede any and all prior statements, understandings or agreements whether oral or written.
Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Laochra Óg, and without prejudice to the right of Laochra Óg to take proceedings in relation to the Terms and Conditions before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with the Terms and Conditions, and for such purposes you irrevocably submit to the exclusive jurisdiction of such courts.
PART II
- TERMS AND CONDITIONS
(a) The Terms and Conditions, constitute the entire agreement between You and Laochra Óg in relation to playing of 50/50 tickets.
(b) In the event of any conflict or inconsistency between the various documents set out at
(a) above, the order of precedence is:
(i) these Terms and Conditions;
(ii) the statements and explanations appearing on the applicable 50/50 ticket Details Screen.
(c) We may modify or change these Terms and Conditions from time to time. Any such changes shall be effective from the time that the changed Terms and Conditions are posted on Laochra Óg’s Website and shall be binding on Players. If We change these Terms and Conditions You will be notified of the changes and the next time You access the Website asked whether or not You accept the revised Terms and Conditions.
(d) You should also note that any changes to these Terms and Conditions will apply to any procedures in place relating to claiming Prizes, even if You have won a Prize prior to such changes.
(e) We may from time to time limit the activity and/or financial expenditure of any and/or all Players. Such limits as may be imposed by Laochra Óg at its sole discretion may be varied in respect of any individual Player or in respect of all Players.
- INTERACTIVE 50/50 TICKET GENERAL RULES
All Laochra Óg 50/50 tickets are subject to and governed by the Laochra Óg Terms and Conditions in force from time to time, and in using this Website You are agreeing to be bound by the provisions thereof.
Laochra Óg reserves the right to alter and amend the terms and conditions applying to any 50/50 ticket as required from time to time in order to comply with any applicable legislation and/or rules.
(A) Sale of Interactive 50/50 tickets
The cost of playing a 50/50 ticket will be set out on the website page.
(B) Restrictions on Purchase and Prize Payment
(1) You acknowledge that the following individuals are not entitled to purchase Plays, nor will any Prize be issued to such individuals:
(a) any Minor whether acting on his own behalf or on behalf of another person;
(b) any person who is not permitted to play the 50/50 tickets under the law of the jurisdiction in which they are located;
(c) such other persons or category of persons as We may determine from time to time.
(2) We reserve the right at our sole discretion to limit the amount of Plays available to You or to refuse to sell any Plays to You.
(3) Laochra Óg may, at its sole discretion, limit the Plays playable by, or refuse to sell Plays to, any person or persons without giving reasons, but which may include circumstances in which, in its view, that person or persons is or are playing in a manner which it deems to be interfering with other Players’ or potential Players’ reasonable access to the relevant 50/50 ticket(s).
(C) Play Method for an Interactive 50/50 ticket
(1) The play method for each 50/50 ticket is that indicated on the Website and the 50/50 ticket Details Screen for that 50/50 ticket.
(2) You may not enter into any agreement for the issue of a Play or Plays (or for the giving of a Prize) otherwise than in accordance with these Terms and Conditions.
(D) Outcome Determination for 50/50 tickets
(1) By playing 50/50 tickets You acknowledge that:
(a) the 50/50 tickets are 50/50 tickets of chance; and
(b) the outcome of a Play in the case of any of the 50/50 tickets is pre- determined by the Interactive System; and
(c) You do not exercise any skill or judgement in playing 50/50 tickets
(d) chances of winning a Prize for a 50/50 ticket are identical for each Play in that 50/50 ticket and Your chances of winning are not affected by Your previous Plays or the number of Prizes previously paid either to You or to others in respect of that 50/50 ticket.
(E) Payment to Prize Winners in Person and/or by Post
(1) We are not liable to You where a third party has claimed a Prize by impersonating You or by otherwise assuming Your identity.
(2) Under no circumstances will any confirmation that You have purchased a Play be evidence that You are entitled to a Prize.
(3) We reserve the right, at our option, to withhold or recover Prizes (as appropriate) in the following circumstances:
(a) where You are not entitled under law or under these Terms and Conditions to that Prize; or
(b) Your Prize claim is invalid or defective in any other way; or
(c) any Prize is defective in any way.
- GENERAL
(A) Provision and use of Player Equipment
(1) You must provide all relevant equipment and technology necessary to play the 50/50 tickets, and access the Website. We shall not be liable to You for any failure by You to provide such equipment.
(B) Other Jurisdictions
You acknowledge that there are certain jurisdictions within which it is unlawful to convey the 50/50 tickets and You warrant and undertake that You are not located in any such jurisdiction while playing any 50/50 ticket.
(C) Use of Content
(1) Copyright and all other intellectual property rights, and any trademarks to and in the Website, the Interactive System and the 50/50 tickets vest in Laochra Óg and We retain all right(s), title(s) and interest(s) and intellectual property right(s) in such materials.
(2) You acknowledge that Your use of the Website and any of its facilities and/or services are for Your personal and non-commercial use only. In particular, You agree not to copy, modify, transmit, display, produce, re- produce, licence, publish, create derivative work from, transfer or sell any information, software, products and services contained on or forming part of the Website, the Interactive System or the 50/50 tickets. You agree, to the maximum extent permitted by law, not to reverse engineer or decompile (either in whole or in part) any software used in connection with the Website and/or the 50/50 tickets.
(D) Warranties and Indemnities
You warrant and undertake that You will only play the 50/50 tickets or otherwise use the Website in accordance with these Terms and Conditions and, in particular, You will not:
(a) use the Website or any of the services available via the Website in any manner that could damage, disable, overburden or impair the Website, the Interactive System or the 50/50 tickets, or interfere with any other party’s use of this Website, the Interactive System or the 50/50 tickets;
(b) use the Website to transmit, access or receive any obscene, pornographic, threatening, racist, abusive, unlawful, libellous, or defamatory content or any content which is in breach of any intellectual property right or might otherwise be objectionable; and
(c) use the Website to hack into any computer system or otherwise gain unauthorised access to that system, deliver, spam or chain mails or other junk mail, or to facilitate or operate any pyramid scheme;
You agree to indemnify and hold harmless Laochra Óg and (as applicable) its officers, members, directors, employees, agents, subsidiaries, affiliates, suppliers or other representatives, against any and all claims, demands, losses, expenses, damages and costs, including legal costs, however arising, resulting from any violation or breach by You of Clause 5(D).
(E) Liability
(1) Nothing in these Terms and Conditions shall exclude or limit any person’s liability for (a) fraud; (b) death or personal injury caused by its negligence.
(2) You acknowledge that there may be circumstances in which We may declare a Play or 50/50 ticket to be defective. In such circumstances, Your relevant Plays of that 50/50 ticket and all relevant Prizes that You have won shall be void and We shall either:
(a) give You an opportunity to play another Play of equivalent price; or
(b) refund You the sums paid by You in purchasing the defective Play or claimed Play.
(3) You do not have the right to cancel a Play and no refunds will be given in any circumstances.
(4) You acknowledge that We are not liable to You under or in connection with these Terms and Conditions for the following losses or damage (even if reasonably foreseeable):
(a) economic loss, including, all loss of profits, business, revenue, goodwill or anticipated savings; and
(b) direct, special, indirect or consequential loss.
(5) In addition, You acknowledge that We are not liable to You for any event that is beyond our reasonable control, including an act of God, war, riot, civil commotion, malicious damage, robbery, death or serious illness, strike or industrial disputes, or accident, fire, flood or storm, (including in the case of each of the foregoing in relation to our employees or sub-contractors).
(F) Our decisions are binding
(1) Our decisions as to whether or not a Play is a Valid Winning Play or in respect of any other matter or dispute arising from the payment or awarding or non-payment or non-awarding of Prizes is final and binding on You and upon all Players and/or any other person or persons having any interest in the matter or dispute.
(G) Miscellaneous
(1) Players may not assign (in whole or in part) their obligations under these Terms and Conditions. Any breach of the prohibition on assignment may result in the provision of 50/50 tickets and/or access to the Interactive System being terminated by Laochra Óg forthwith. Laochra Óg may assign these Terms and Conditions in whole or in part to any third party at its sole discretion.
(2) These Terms and Conditions and the rights and obligations of Laochra Óg and Players set out herein shall be governed by and construed in all respects in accordance with the laws of Ireland and You hereby submit to the exclusive jurisdiction of the Irish courts.
(3) In these Terms and Conditions where the context admits: –
(a) References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and shall include references to any provisions of which they are re-enactments (whether with or without modification).
(b) References to the singular include the plural and references to the plural include the singular; and references to the male include the female and references to the female include the male.
(4) Laochra Óg is entitled, in its absolute discretion, to waive certain technical or contractual non-compliance by a Player. The Player in such circumstances will be bound by Laochra Óg’s decision which will be final. Neither that Player nor any other Player shall be entitled to bring proceedings against Laochra Óg in such circumstances notwithstanding any consequential financial or other ramifications or alleged ramifications for the Player or any other Player. Each Player acknowledges that Laochra Óg’s discretion in this regard is required to permit Laochra Óg to operate a flexible business model notwithstanding any breach or alleged breach of the Terms and Conditions by any Player.
(5) Please address all enquiries relating to these Terms and Conditions to Laochra Óg.
(6) A copy of these Terms and Conditions, by downloading a copy of the Terms and Conditions from the online 50/50 tickets Website available via LAOCHRA ÓG