These General Terms and Conditions (“Terms”) set out the various rules and procedures that apply when You access and use the Platform, create and maintain an Account with Us, purchase Our Products on the Platform, and/or Enter Games.
By accessing and using the Platform, creating and maintaining an Account with Us, purchasing Products on Our Platform, and/or Entering Games, You expressly agree to be bound by these Terms. We also have separate Rules and a Privacy Policy and We recommend that You read and understand these before accessing the Platform, creating an Account, purchasing Products on the Platform and/or Entering Games. Copies of the Rules and Privacy Policy can be found on the ZB Lucky Draw Website and Mobile App, when available.
These Terms, Rules and Privacy Policy constitute the entire agreement between You and ZB Lucky Draw in relation to You accessing the Platform, creating an Account, purchasing Products and/or Entering Games. The Rules and Privacy Policy are hereby incorporated into, and form part of these Terms. By accepting these Terms, You agree to be legally bound by the ZB Lucky Draw Terms, Rules and Privacy Policy.
Date of Issue: 10th September 2023
1. Definitions and Interpretation
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1.1 In these Terms:
a) Capitalised words and expressions used but not defined shall have the meanings given to them in the Rules; and
b) Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.2 In the event of any conflict or inconsistency between the various documents set out above, the order of precedence is: (1) these Terms; (2) the Rules; and (3) Privacy Policy.
1.3 In the event of any conflict or inconsistency between the English and Arabic translations of these Terms, the English version of these Terms shall prevail
2. About Us
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2.1 The Platform is owned and operated by ZB Lucky Draw LLC, a Limited Liability Company incorporated in the Emirate of Fujairah, UAE.
2.2 ZB Lucky Draw’s Customer Service Centre can be by sending an email to info@onlinedraws.com
3. Account Registration
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3.1 Eligibility
a) Certain parts of the Platform (including the ability to purchase Products and/or Enter Games) require Customers to create an Account in order to access them.
b) To be eligible to create and maintain an Account, You must:
- be at least 18 years of age at the time of purchase;
- not be prohibited or restricted from creating or accessing Your Account and/or Entering Games, under the laws of Your jurisdiction of residence in which You are physically located when transacting with Us;
- not already have an Account;
- at all times abide by these Terms and the Rules;
- not be a resident of a sanctioned or blocked country (Please see Appendix for the list of sanctioned and blocked countries) ; or
- named on a Sanctions List.
c) Prior to creating Your Account, You will be required to tick boxes confirming the above. If You do not meet all of these eligibility requirements, You should not create an Account or Enter Games.
d) We reserve the right to refuse an application to open an Account for any reason, and have the right to verify Your age, identity and eligibility at any time. We will terminate the Account of any Participant found not to be eligible. In addition, We reserve the right to refuse to pay a Participant a Prize, if the Participant does not meet the abovementioned criteria. If a Prize is paid to anyone who does not meet the criteria set out in this Clause 1, that person will be required to repay the Prize immediately upon Our request.
e) We make no representations or warranties, implicit or explicit, as to Your legal right to register and create an Account, purchase Products or access and Enter Games. No person affiliated, or claiming affiliation with the Manager, shall have authority to make any such representations or warranties. We do not intend for Games to be Entered by persons present in jurisdictions in which participation may be prohibited or restricted.
f) The ability to register and create an Account and purchase Products does not constitute an offer, solicitation or invitation by Us for persons to create an Account or purchase Products in any jurisdiction in which such activities are prohibited or restricted.
3.2 How to Register
a) In order to register and open an Account, You will be required to provide Us with certain information about You. You agree to ensure that such information is true, accurate, up to date and is kept complete on an ongoing basis. Updates to Your information may only be made through Your Account unless We decide otherwise at Our discretion (and in exceptional circumstances).
b) We may ask You for further information to verify any aspect of the information You have provided to Us. You agree that We may take reasonable measures to verify the information You have provided.
c) We process all information provided by You in accordance with Our Privacy Policy. By providing Us with information, You agree to Us holding and processing it in line with the Privacy Policy.
3.3 Using Your Account
a) Upon successfully opening an Account, You can purchase Products and/or Services. Should You choose each Product and/or Service, Your purchase entitles You to receive one complimentary Entry. You must only Enter Games when You are physically located in a jurisdiction within which it is lawful to do to so.
b) As You are solely responsible for any and all activities conducted through the use of Your Account, You must keep Your Password secure and secret at all times and take steps to prevent it being used without Your permission. In the event that You discover that there has been unauthorised access to Your Account, You should inform Us immediately by contacting ZB Lucky Draw’s Customer Services Centre.
c) You may not permit another individual to use Your Password and/or Account. You are liable for any harm resulting from disclosing or allowing disclosure of Your Password, or from the use by any person of Your Password to gain access to Your Account.
d) You acknowledge that We may investigate any unauthorised access to Your Account.
e) We are not liable to You for any loss or damage You incur arising out of or in connection with any unauthorised access, including where the unauthorised access has resulted from Your disclosure of Your Password to third parties, whether by negligence or otherwise.
f) If You forget Your Password, You can reset it by following the instructions on the Platform.
g) Only the individual registered as the holder of the Account is considered the “Participant” and, subject to the Rules, all Prizes will be paid in full only to the registered holder of the Account. We are not responsible or liable for any disputes arising from Syndicates.
3.4 Responsible Play
We may, at Our discretion, impose limits on the number of Products You can buy during a defined time period and will notify you if We decide to enforce limits under this Clause 3.4.
4. Purchasing Products and/or Services
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4.1 Products and/or Services and Pricing
a) We make all reasonable efforts to ensure that all descriptions and graphical representations of Products and/or Services correspond to the actual Products and/or Services.
b) We make all reasonable efforts to ensure that all prices shown online on the Platform are correct at the time of purchase. We reserve the right to change prices and to add, alter or remove special offers from time to time and as necessary. Any Changes in price will not affect any Order that You have already placed.
c) All prices on the Platform include VAT, when applicable.
4.2 Orders
a) The Platform will sequentially guide You through the online ordering process. Before submitting Your Order, You will be given the opportunity to review Your Order and amend it. Please ensure that You have checked Your Order carefully before submitting it as no changes can be made once Your Order has been processed. Credits cannot be refunded due to financial regulations within the UAE, unless we have rejected Your Order in line with the conditions stated below in Clause 4.2 (c), (i) to (v).
b) No part of the Platform constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You an Order Confirmation by email (“Order Confirmation”). Only once We have sent You an Order Confirmation is a legally binding Contract between Us and You.
c) There is no general right for a person to buy a Product. We may reject an Order, without limitation, for the following reasons:
- where Our payment provider cannot obtain authorisation for Your payment;
- if there has been a relevant pricing or product description error;
- if Your Order otherwise breaches these Terms;
- we suspect that the Order has been placed fraudulently or infringes any law or regulation; or
- we, at our sole discretion, deem it necessary.
- In the event that We reject an Order, We will contact You to confirm this and any payment made will be refunded to You as soon as possible.
- Any refunds due under this Clause 4.2 (d) will be made using the same payment method that You used when ordering the Products and/or Services.
4.3 Payment
a) Payment for Products and/or Services and, where relevant, related delivery charges must always be made in advance. You will be prompted to pay during the online ordering process and will be directed to Our payment provider via a secured connection. Note that “ZB LUCKY DRAW LLC” will be the merchant listed on your bank or credit card statement.
b) Prices will be shown in UAE Dirhams (AED) and the final price You pay will be calculated in accordance with the applicable exchange rate on the day Your card issuer processes the transaction. Please note that we do not have any control over how much Your card issuer may charge for such transactions.
5. Terminating, Varying, Inactivate or Suspending Your Account
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5.1 We may, in Our absolute discretion, terminate, vary, inactivate or suspend access to Your Account, the Platform or Entry into Games immediately and without notifying You in advance if:
a) You register or operate more than one Account at any one time (in such case We reserve the right to terminate, vary or suspend some, or all of these Accounts);
b) Any information that You provide to Us is found to be fraudulent, false, inaccurate, incomplete or not up to date;
c) We discover that You have Entered Games while physically located in a jurisdiction in which such Entry is unlawful;
d) We need to perform essential repair, maintenance work or upgrades to the Platform;
e) For any reason, We no longer provide Games, or other functionalities such as Accounts or access to the Platform;
f) If Your Account is dormant for more than 12 months; or
g) We, in our sole discretion, deem it necessary.
5.2 In the event that We terminate Your Account, You will lose any Unutilised Credits.
5.3 We reserve the right to take one or more of the following actions if you breach these Terms or Rules:
- Terminate, vary or suspend Your Account, access to the Platform, or Entry into Games;
- Take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
- Take further legal action against You, as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
5.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Rules.
6. Closing and Deleting Your Account
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6.1 If You wish to close and delete Your Account, You may do so at any time by accessing the “My Account” section of the Platform. Closing and deleting Your Account will result in the removal of Your information (including the deletion of any Favourites you have created). Closing and deleting Your Account will also remove access to any areas of the Platform that require an Account for access.
6.2 You will forfeit any Unutilised Entries upon termination of Your Account.
7. Access To and Use of the Platform
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7.1 Access to the Platform is free of charge and it is Your responsibility to make any and all arrangements necessary in order to access the Platform. There is no guarantee that the Platform will display correctly on all devices it can be viewed on.
7.2 Access to the Platform is provided “as is” and on an “as available” basis, and to the fullest extent permitted by law. We disclaim all warranties.
7.3 We may alter, suspend or discontinue the Platform (or any part of it) at any time and without notice. We will not be liable to You in any way if the Platform (or any part of it) is unavailable at any time and for any period.
7.4 You acknowledge that there are certain jurisdictions within which it is unlawful to access Your Account and/or Enter Games and You warrant and undertake that You are not physically located in any such jurisdiction while transacting with Us. You are responsible for ensuring that it is legal for You to register and create an Account and Enter Games in the jurisdiction in which You are physically located when transacting with Us. In the event that We discover that You have Entered Games while physically located in a jurisdiction in which such Entry is unlawful, We will immediately terminate Your Account. Further, We will not be liable to pay a Prize to You in respect of any Entry which occurred whilst physically located in a jurisdiction in which such Entry is unlawful. If a Prize is paid to anyone who Entered while physically located in a jurisdiction in which such Entry is unlawful, that person will be required to repay the Prize immediately upon Our request.
7.5 You warrant and undertake that You will only use Your Account, purchase a Product, Enter Games or otherwise use the Platform in accordance with these Terms, in a lawful matter and, in particular, without limitation:
- You will ensure that You comply fully with any and all local, national or international laws and/or regulations;
- You will not use the Platform in any way, or for any purpose, that is unlawful or fraudulent;
- You will not use the Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
- You will not use the Platform in any way, or for any purpose, that is intended to harm any person or persons in any way; and
- You will not authorise or allow anyone else to do any of the above.
7.6 You agree to indemnify and hold Us harmless against any and all claims, demands, proceedings, losses, expenses, damages and costs, including legal costs, however arising, due to or arising out of Your wrongful or negligent use of Your Account, purchasing Products, Entering Games, access to the Platform, or breach by You of these Terms or Rules.
7.7 Any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Platform (“Content”) included on the Platform and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable intellectual property laws and treaties.
7.8 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from the Platform unless given express written permission to do so by Us. 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 Platform and/or the provision of Games.
8. Links to Other Websites
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Links to other sites may be included on the Platform. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on the Platform is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Viruses, Malware and Security
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9.1 We exercise all reasonable skill and care to ensure that the Platform is secure and free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of the Platform or any other site referred to on the Platform.
9.2 You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Platform. Nor should you attack the Platform by any means or attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored, the Central Computer System or any other server, computer, or database connected to the Platform.
10. Disclaimers
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10.1 Nothing on the Platform constitutes advice on which You should rely. It is provided for general information purposes only.
10.2 In so far as is permitted by law, We make no representation, warranty, or guarantee that the Platform will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
10.3 We make reasonable efforts to ensure that the Content on the Platform is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date and note there may be errors, omissions and typographical errors contained in the material provided. Please note that this exception does not apply to information concerning the sale of Products through the Platform. Please refer to Clause 4 for more information.
11. Our Liability
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11.1 Except to the extent that liability cannot be excluded by law, We will not be liable for any loss or damage, whether foreseeable or otherwise, You suffer as a result of Your use of or reliance on any information provided on the Platform, including, but not limited to, any loss or damage arising out of registration of Your Account, the purchase or attempted purchase by You of a Product, the Entry or attempted Entry by You in Games, the use by You or any inability to use the Platform, or the failure of the Platform to give effect to any offer by You to purchase a Product or Enter Games whether accepted by Us or not (even if you have previously advised Us of the possibility of such loss).
11.2 In addition, We will not be liable to You for any loss or damage suffered by You arising from:
- Events beyond Our reasonable control and expectations (for example without limitation, 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 Central Computer System or Our records or any third party (including, without limitation, the Platform and/or Central Computer System);
- Any mistakes caused by all or part of the Central Computer System or Our records or any third party (including, without limitation, the Platform, and/or Central Computer System);
- Delays, losses, mistakes or omissions in or made by the banking system;
- Any other action or event which prevents or hinders the issue of a valid Entry (including without limitation the failure of the Platform to display correctly on any device used to view it);
- The refusal to sell a Product to any person, provide complimentary entries into Games or to allow any person to Enter Games;
- Any losses caused by You, including the misuse or unauthorised use of Passwords and the failure to keep Us informed of changes to Your personal contact details;
- Any losses caused by the failure or malfunction of Your equipment or technology or Your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party.
11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied).
11.4 Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. Further, nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer.
12. General
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12.1 The reasonable exercise by Us of any discretion provided for by these Terms will be final and binding.
12.2 If any provision (or part of a provision) in any of these Terms is decided by a court of competent jurisdiction 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.
12.3 You may not assign or otherwise transfer (in whole or in part) Your rights and/or obligations under these Terms. Any assignment or transfer by You will be null and void. We may assign or transfer Our rights and/or obligations under these Terms in whole or in part to any third party at Our sole discretion.
12.4 Except if We assign or transfer Our rights and/or obligations under these Terms, a person who is not a party to these Terms has no rights or otherwise to enforce any provision of these Terms.
12.5 We may amend these Terms from time to time. Such amendments, modifications or changes will be applicable and contractually binding with effect from the date of their publication on the Platform or on notification to You that changes have taken place, whichever is sooner. These will apply to the creation of Accounts, purchase of Products and Entries after the date on which the changes become effective, and/or the creation of Accounts, purchase of Products and Entries before that date if reasonable in the circumstances. If We change these Terms, You will be notified the next time You access Your Account.
13. Law
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13. The relevant law for these Terms is the laws of the Emirate of Fujairah and any legal proceedings will be heard in the Fujairah Courts.
Appendix
Sanctioned & Blocked Countries
As of the date of issue of these Terms, residents of the below listed countries will not be able to purchase a Product, enter or collect any potential winnings. This list is non-exclusive and may be amended from time to time without prior warning.
- Afghanistan
- Bosnia / Herzegovina
- Belarus
- Burundi
- Central African Republic
- Cuba
- Democratic Republic of Congo
- Democratic People’s Republic of Korea
- Ethiopia
- Guinea
- Guinea-Bissau
- Haiti
- Iran
- Libya
- Mali
- Myanmar
- Nicaragua
- Russia
- Somalia
- South Sudan
- Sudan
- Syria
- Ukraine
- Venezuela
- Yemen
- Zimbabwe