Edition effective 1st May 2019


PREAMBLE


Premier Bet a company registered under the laws of Kenya whose registered address is: Twiga Towers, Muranga Road, Nairobi.

Premier Lotto the sister company of Premier Bet, a company registered under the laws of Kenya whose registered address is also: Twiga Towers, Muranga Road, Nairobi.

Both Premier Bet and Premier Lotto are authorized and regulated by the Betting Control and Licensing Board of Kenya (herein after referred to as “BCLB”) under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under License number: 0000018.

The remainder of the terms and conditions will, refer only to Premier Lotto but it is one and the same company.

5/90 is a Lotto Game, pick 2 (Chance 2), 3 (chance 3),4 (Chance 4) or 5 (chance 5) numbers between 1 and 90. If 1 or more of your numbers are drawn, you win a prize.

This 5/90 Draw Game remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) and any disputes arising hereunder shall be resolved in accordance with such provision.

These Rules for 5/90 Draw Games Played via a Mobile Device (the “Rules”) apply when You play any 5/90 Draw Game via the Mobile Device only. Each 5/90 Chance Game also has its own Game Procedures that apply, and certain 5/90 Chance Games may also have their own Game Specific Rules that apply.

This agreement establishes the Terms and Conditions for the contractual relationship between Premier Lotto and you as a Player. The Terms shall apply to gaming via Mobile Money. You are required to accept these Terms and Conditions when interacting with the services offered by Premier Lotto and you are bound by these Terms and Conditions throughout the existence of the relationship.

The 5/90 Draw Games can also be known by its names Chance 2, Chance 3, Chance 4 or Chance 5 determined by the amount of numbers selected.

5/90 GAME DESCRIPTION


5/90 is a draw game based on choosing between 2 and 5 single digit numbers which constitutes a Bet. The pool consists of the numbers 1 to 90 inclusive. When a Player enters, they can choose their numbers via MPESA.

METHOD OF ENTRY

Mobile Money:


Players can enter the 5/90 Game through their Mobile Money Account.

To bet via Mobile Money, a Player must play a minimum stake of KSH10 to Paybill Number 145888.

The Player must use the ACCOUNT or REFERENCE field of the Mobile Money system as the means to enter between two to five single digit numbers. Failure to enter these numbers in a compliant way will result in the Premier Lotto system issuing a ‘Lucky Pick’ set of numbers.

The Player is responsible for any financial transaction associated with the bet.

Upon confirmation that the transaction has been approved the Player is sent their betting slip via SMS.

Notes:

Safaricom’s “MPESA” is the only Mobile Money platform currently available for use.

The Player is responsible for any mobile money-based transaction fees levied by the mobile operators.

TERMS AND CONDITIONS

1. The 5/90 Game Rules


  • The 5/90 Game involves a random draw of five single digit numbers (‘Numbers’) each selected from the numbers 1 to 90.

  • The Draw uses a Random Number Generator approved by the BCLB and are broadcasted on Facebook (Premier Lotto Kenya).

  • Draws are scheduled but not limited to six times a day at the following times.

    • SAA NNE – 10AM
    • SAA SITA – 12PM
    • SAA NANE – 2PM
    • SAA KUMI – 4PM
    • SAA KUMI NA MBILI – 6PM
    • SAA MBILI USIKU – 8PM

  • The exact draw time will depend on the processing of the entries so Premier Lotto meets its obligations to the BCLB

  • The Stake for each 5/90 Game Bet is between KSH 10 and KSH 200.

  • If a Player attempts to bet over the maximum stake, the Player is automatically refunded the difference less the cost of the mobile money transaction.

  • The deadline for 5/90 bets will be decided by Premier Lotto and is currently set to 5 minutes before the draw.

  • There are multiple ways to win.

  • Only one Prize can be won per 5/90 bet.

The odds of winning, for each of the 5/90 Games are as follows:


Prize Category 1: Chance 2
Play 2 Numbers Multiply by
2 correct numbers 100
1 correct number 3

Prize Category 2: Chance 3
Play 3 Numbers Multiply by
3 correct numbers 3000
2 correct numbers 25
1 correct number 1

Prize Category 3: Chance 4
Play 4 Numbers Multiply by
4 correct numbers 10,000
3 correct numbers 200
2 correct numbers 20
1 correct number 1

Prize Category 4: Chance 5
Play 5 Numbers Multiply by
5 correct numbers 100,000
4 correct numbers 5,000
3 correct numbers 100
2 correct numbers 10
1 correct number 1

  • The results can be checked by visiting the website Premier Bet Kenya. These results will also be sent to all players that made a bet in the game.

  • Premier Lotto will endeavor to ensure that the results (including Prize Breakdowns) and Winnings/Prizes displayed on the Website or published via other sources are accurate. Although every effort is made to ensure the accuracy of this information, Premier Lotto shall not be liable for any mistakes in respect of such information.

2. Rules to Entry

  • You must have a Kenyan Safaricom Mobile Money Account and have a valid form of Identification Information that was associated with the Kenyan Mobile Money Account.

  • Each bet must be bought for its full price, unless such are complimentary entries distributed by Premier Lotto in a promotion.

  • Bets can only be made through Premier Lotto.
  • All bets received are automatically made for the next scheduled draw.

    • For Example:

    • If a bet is received before the next draws advertised deadline the bet will be entered into the next available draw.

    • If a bet is received after the advertised deadline the bet will be entered into the following draw.

    • If a bet is received after the advertised deadline due to a delay in the network or computer systems or any unforeseen technical difficulties, the bet will be entered into the following draw.

  • Your bet will only be valid if it is recorded on the Premier Lotto Computer System.

  • In the event that You have deposited money into Premier Lotto’s Mobile Money account to complete a betting transaction but, due to unforeseen technical difficulties or other such technical problems, Premier Lotto is unable to process your deposit and issue a bet at that time, upon rectification of the technical difficulties, Premier Lotto will process Your deposit and issue a bet for the next available draw.

  • You can only bet and receive Prizes in line with these Rules.

  • There is no general right for a person to bet. Premier Lotto can refuse to allow bets to anyone, and/or limit the number of bets You can place, without giving a reason.

  • The following people cannot bet (and Premier Lotto will not be liable to pay a Prize to them):

    • Anyone under the age of 18, whether that person is betting for themselves or anyone else;

    • Directors and employees of Premier Lotto or Premier Bet;

    • Specified employees of any of Premier Lotto or Premier Bets key contractors or sub-contractors;

    • Personal partners and persons who are, to some extent, maintained by anyone mentioned above or in either case if living in the same household as that person;

    • Any person who has an online Premier Bet Account which has a status that prohibits them from betting or receiving a Prize (including without limitation a person whose Account has been suspended or terminated);

    • Anyone else Premier Lotto may decide and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time.

    • If a Prize is paid to anyone listed above, that person will be required to repay the Prize immediately.

    • Premier Lotto or Premier Bet employees will be permitted to bet but only for the purpose of testing Accounts and purchases using Mobile Money Accounts.

3. Your Responsibilities

  • You are responsible for keeping safe and confidential any information required to claim a Prize for a particular Bet (including, for example, the relevant Ticket Number and Your Identification Information). You acknowledge that if You are not able to provide sufficient Identification Information when claiming a Prize, you will not receive that Prize.

  • You are also responsible for:

    • Checking that Your Ticket shows the correct Bet, Games and Draw dates; and

    • Claiming (where applicable) and checking You receive the full amount of any Prize You are entitled to.

4. Claiming a Prize

  • You can only claim a Prize if You are the holder of a Winning Bet as confirmed in the Premier Lotto back office.

  • Interactive Bet Slips cannot be used as evidence of a Bet or of the numbers selected for a Game, or used otherwise to claim a Prize, nor can a purchase confirmation made available to You (or sent to You) by Premier Lotto be used under any circumstances as evidence that You are entitled to a Prize.

5. Validation Requirements

  • Before a Prize can be paid on a Bet, it must be successfully validated in line with Premier Lotto’s reasonable validation procedures adopted from time to time. Premier Lotto’s decision about whether the Bet is valid will be final and binding.

  • Premier Lotto will declare a Bet invalid (and will not, therefore, pay any Prize related to that Bet) if:

    • The Bet is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Game above the chances enjoyed by other Players of that Game, or to increase that Prize; or

    • The Bet is counterfeit, all or part of the Bet has been forged, or the Bet fails to pass Premier Lotto’s validation and security checks; or

    • The Prize claim is not received within the relevant claim period.

    • The Ticket Number for the Bet is not on Premier Lotto’s official list of Winning Entries, or the relevant Prize for the Winning Bet with that Ticket Number has been paid previously; or

    • The details associated with the Ticket Number of a Bet do not match Premier Lotto’s official records of that Ticket Number; or

    • Premier Lotto reasonably believes that the Bet was bought by or on behalf of a person falling in one of the categories in Rule bracket 2.

    • Premier Lotto may declare a Bet invalid (and will not be obliged to pay any Prize) if:

    • Premier Lotto reasonably believes that the person claiming the Prize is not the holder of the Mobile Money Account or that person’s duly authorized representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or the Bet has not been issued or sold by Premier Lotto; or

    • The Ticket Number (or any other unique feature of the Bet) does not match the records on Premier Lotto’s Computer System for the Game that the Bet relates to;

6. Payment of Prizes

  • The Information below sets out how Interactive Prizes of different amounts should be claimed and will be paid.

  • Prizes ranging in value from ‘KSH 10 to KSH 49,999’ – Prizes and other winnings from Games in this category will automatically be deposited into Your Mobile Money Account.

  • Prizes of values exceeding KSH 50,000 – Prizes and other winnings in any amount exceeding Ksh50,000 from games that are purchased or played using Mobile Money must be claimed in person at Premier Lotto’s Office at Twiga Towers, Muranga Road, Nairobi, by the Player to whom the Ticket was issued.

  • Further information can be obtained by contacting Premier Lotto Customer Service Centre at +254 792 974 611. You acknowledge and agree that You will be required to comply with all Premier Lotto prize claim requirements including to confirm Your identity and entitlement to the prize to Premier Lotto’s satisfaction, at its sole and absolute discretion. You will be required to provide a form of valid government-issued photo identification or such other information as Premier Lotto may require confirming your eligibility for a prize.

  • You further acknowledge that the prize amount may take up to 28 days to be presented to You.

  • Premier Lotto reserves the right to:

  • Pay Prizes by cash, cheque, bank transfer or direct credit or Mobile Money. If payment is made for Prizes of KSH49,999 or less, this will be deposited (at Your own cost) to the Mobile Money Account used for the bet placement.

  • Ask you to attend Premier Lotto’s Office to claim Your Prize;

  • Withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that a Bet is valid and that the claim has been made in good faith;

  • Withhold a Prize (or recover or seek to recover a Prize already paid) until it has carried out all appropriate checks and enquiries if in its discretion it believes, on reasonable grounds, that You (as the person claiming a Prize) are not lawfully entitled to receipt of a Prize or that a Prize has been paid to You in circumstances where Premier Lotto decides that the Bet is invalid or defective, or where there is any other reason for Premier Lotto (acting reasonably) to question entitlement to the Prize. Any checks and enquiries will be carried out promptly by Premier Lotto. You shall repay immediately on demand any Prize Premier Lotto seeks to recover;

  • Recover a Prize incorrectly paid into Your Account;

  • Request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim);

  • Refuse to pay a Prize If You are unable to or fail to produce sufficient Identification Information when claiming a Prize;

  • Photograph anyone claiming a Prize for Premier Lotto’s records;

  • Request a court to decide to whom a Prize should be paid and/or make payment into court.

  • Refuse to pay a prize if you refuse to sign all the documentation required by the Insurance Underwriters

  • The right to a Prize is not transferable.

  • Premier Lotto will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant winner.

  • No interest will be payable on any Prize, including without limitation whilst any checks or enquiries are carried out in relation to a Winning Bet, whilst a dispute about the Bet or Prize claim is being resolved, or for the period a Prize remains unclaimed.


7. Draws and Winning Numbers

  • Premier Lotto will decide the time, frequency, date and method of the Draws for each Game.

  • Each Draw will select Winning Numbers at random with the use of the Random Number Generator approved by the BCLB.

  • If a Draw can’t take place on the date or at the time fixed, it will take place as soon as reasonably possible after that date.

  • If a Draw is interrupted because of equipment failure or for any other reason, the Draw will be completed in line with the applicable Draw Procedures for that Game.

  • If any Game draw is declared invalid, another Draw will take place in line with the applicable Draw Procedures to determine the Winning Numbers.

  • Premier Lotto will only pay a Prize based on the official results of the relevant Draw recorded and electronically recorded in Premier Lotto’s Computer System.

  • Premier Lotto will not pay a Prize based on results recorded anywhere else, including for example in newspapers, winning number telephone lines, or on the Site.

  • Premier Lotto won’t be required to make any payment against any incorrectly announced number(s) at the Draw.


8. Information about Winners

  • When You claim or are paid a prize, You will automatically be deemed to grant to Premier Lotto an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Your full name (as well as Your nick name), hometown, photograph and video materials without any claim for broadcasting, printing or other rights for a period of up to Thirty Six months from the date of prize award. You also give Premier Lotto the right to publish for a period of up to thirty-six months from the date of the prize award any additional information that You voluntarily provide. You shall have no claim against Premier Lotto for invasion of privacy or any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials or information voluntarily provided by You.

  • If You win a Prize, you understand and accept that Premier Lotto may, if required by law, provide a third party with details of any Prize claimed by You or on Your behalf, or paid to You.

  • By participating in the Game, you expressly consent to the collection, use and disclosure by Premier Lotto, its employees, agents and/or service providers, of the Participant’s Personal Information, for the purposes of conducting and administering the Game.

9. Game Closures etc.

  • Premier Lotto can, following consultation with the BCLB, announce the closing date for an individual Game at any time. No Entries for that Game will be sold after the closing date.

  • Premier Lotto can also (at its absolute discretion) suspend or withdraw any Game following consultation with the BCLB.

10. Limitation of Liability

  • Where instructed by the BCLB, Premier Lotto will, or may (in its discretion provided it is acting reasonably), declare that a Bet is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and Premier Lotto will either:

    • Give you an opportunity to have another Bet of equivalent price; or refund You the amount they paid for the defective Bet.

    • Premier Lotto will decide which of (a) or (b) above shall apply.

  • You do not have the right to cancel a bet. No refunds will be given in any circumstances. No interest will be payable in respect of any refunds made.

  • If Premier Lotto is fully satisfied after proper and careful enquiries that a cancellation of an Bet was wholly and directly the result of Premier Lotto’s fraud, negligence or error, and that Bet would, but for that cancellation, have been a Winning Bet, then Premier Lotto will not refund the cost of the Bet and Premier Lotto’s only liability will be to pay an amount equal to the Prize that You would have been entitled to if the cancellation did not take place.

  • Premier Lotto’s only obligation is to pay the Prizes won in any Game to the rightful owners of Winning Entries or provide a refund in the circumstances set out in these Rules.

  • Premier Lotto will not be liable in any circumstances for any loss of whatever nature, the non-payment of a Prize or the non-payment of a refund You are entitled to under these Rules. In particular, but without limitation, Premier Lotto will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by You (or any holder or owner of a Bet, any person claiming a Prize during the Claim Period or any other person) that arises out of the withdrawal of any Game or from the participation or non-participation of You or any person in any Game. This includes the loss, for whatever reason, of the chance to participate in that Game.

  • Premier Lotto will not be liable to any person for:

    • Events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service);

    • The failure or destruction of, or damage to, all or part of the computer systems or records of Premier Lotto or any third party (including, without limitation, the Site and/or Premier Lotto’s Computer System);

    • Any mistakes caused by all or part of the computer systems or records of Premier Lotto or any third party (including, without limitation, the Site and/or Premier Lotto’s Computer System);

    • Delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;

    • Any other action or event which prevents or hinders the issue of a valid Bet (including without limitation the failure of the Site to display correctly on any device used to view it);

    • The refusal to allow any person to bet or to allow any person to play a Game Played via Mobile Money.

    • Any losses caused by the failure or malfunction of Your equipment or technology or mobile phone network operator, or the equipment, technology or mobile phone network operator of any other person or third party.

    • Nothing in these Rules excludes or limits (a) any person’s liability (i) for fraud; or (ii) for death or personal injury caused by breach of any duty that person may have to take reasonable care or exercise reasonable skill; or (b) any other liability which cannot lawfully be excluded or limited.

    • You acknowledge and agree that You do not rely on, and shall have no remedy in respect of, any statement, representation or warranty (whether negligently or innocently made) or understanding of any person whether such person is a party to these Rules.

11. Disputes and Premier Lotto Decisions

  • Premier Lotto’s decision about whether a Bet is a Winning Bet, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding if it is a reasonable decision. Without limiting the effect of the previous sentence, following any such decision made by Premier Lotto may (at its discretion), reimburse the cost of the Bet or replace the disputed Bet with a Bet for any current Game of the same price.

  • The remedy above will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge Premier Lotto from any liability in respect of such a dispute.

  • Premier Lotto will not be liable to pay any interest in respect of any reimbursement made.

  • Premier Lotto may withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved.

12. General

  • Any person who bets or submits an Betting slip for validation or who claims a Prize in whatever capacity, agrees to be bound by the provisions of any applicable legislation, these Rules (all as amended from time to time) and any other rules or procedures, statements or explanations Premier Lotto may issue in respect of that Game Played via Mobile Money.

  • Premier Lotto may change these Rules, the relevant Game Procedures and any Game Specific Rules applicable to the Games via Mobile Money at any time. These changes will be effective immediately from the date of their publication (or any earlier time Premier Lotto states), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to Bets played after the date on which the changes become effective, and/or Entries bought before that date if reasonable in the circumstances.

  • You agree that You will be bound by the changes when You next play a Game Played via Mobile Money or claim a Prize after the changes have become effective, or (where relevant) when You expressly accept the changes, whichever takes place first.

  • If any provision (or part of a provision) in any of the documents mentioned is decided by a court of the Republic of Kenya to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.

  • You may not assign or otherwise transfer (in whole or in part) Your rights and/or obligations under these Rules. Any breach of this Rule may result in the provision of the Games Played via Mobile Money being terminated immediately by Premier Lotto. Premier Lotto may assign or otherwise transfer its rights and/or obligations under these Rules in whole or in part to any third party at its sole discretion.

  • You agree that when You contact the Customer Care Team, you will supply any Games-Related Information required by Premier Lotto.

13. Law

The relevant law for these Rules is Kenyan law. Any legal proceedings will be heard in the Kenyan courts.

14. Definitions

Account: A Safaricom Mobile Money number maintained by a Player on Premier Lotto Computer System.

BET: The entry mechanism into the game.

Premier Lotto: A company incorporated in Kenya. Registered Address: Twiga Towers, Muranga Road, Nairobi

Premier Bet: A company incorporated in Kenya. Registered Address: Twiga Towers, Muranga Road, Nairobi

Premier Lotto’s Computer System: The computer systems used by or on behalf of Premier Lotto from time to time to operate 5/90 games, facilitate Entries and pay Prizes.

BCLB: Betting and Licensing Control Board of Kenya

Claim Period: A period of up to 30 days after the draw date.

Customer Care Team: Premier Lotto’s helpline for Players, contact details of which are set out at the end of these Rules. See the Site for the Customer Care Team’s current opening hours.

Draw: The process which results in the random selection by Premier Lotto of a set of Winning Numbers for a Game.

Draw-Based Game: Has the same meaning as Game.

Draw Break: A point in time before a Draw after which no Selections will be entered into that Draw.

Draw Procedures: The draw procedures that apply to a Draw, as determined by Premier Lotto from time to time.

Game: A Lotto game, the result of which is determined by a Draw.

Game Played via a Mobile Device: A Game, entry in to which can be initiated via Mobile Money.

Procedures: A written document issued by Premier Lotto for a particular Game Played Online in addition to these Rules that includes the Game name, the bet, how to play, how a Prize is won, the dates and/or frequency of Draws, the Game Prize Structure, how Prize winners are determined, and any other relevant information for the Game Played.

Game Specific Rules: Any rules or conditions issued by Premier Lotto in addition to or in substitution for these Rules, which apply only to a particular Game Played.

Game-Related Information: Your Transaction History, Game History and any information Premier Lotto requires from and/or about You before providing You with access to the Games Played (which may include, for example, Your name, phone number(s), Mobile Money details, security information, address, Identification Information, date of birth and gender).

Identification Information: Information used to establish Your identity, including information required by Premier Lotto to confirm the authenticity of that information. Identification Information could include any element of the Games-Related Information and any information or documents You provide when claiming a Prize. Accepted forms of identification are: Kenyan National ID, Kenyan Passport ID, Kenyan Military ID, Kenyan Diplomatic ID or Non Kenyan Passport with associated Kenyan Alien ID.

Prize: A prize won by a Player from a Bet.

Lucky Pick: A selection of numbers which are randomly selected by Premier Lottos Computer System on Your behalf for the purposes of making a Bet.

Mobile Money: MPesa, Airtel Money, YuCash and Orange Money

Chance 2, 3, 4 or 5: Variations of the 5/90 game

Player: Has the same meaning as You.

Prize Structure: The value of Prizes and odds of winning in an individual Game as determined by Premier Lotto and set out in the Game Procedures for the relevant Game.

Selection: A set of numbers chosen by You (whether chosen by Yourself or via Lucky Dip) for the purpose of making a Bet.

Site: The website www.premierbet.co.ke/premierlotto

Ticket: The textual or graphical representation of Your Bet.

Winning Bet: A Bet which entitles You to a Prize and which meets all the Validation Requirements.

Winning Numbers: The numbers and/or letters used to determine the Winning Entries for a Game.