Happi Group Ltd - Terms and Conditions for Happi 6
Terms and Conditions that apply to Players
Happi Group Ltd is a company registered on the 12th August 2003 under the laws of Malta; Registration number: C 31602; registered address: 5th Floor, Regent House, Bisazza Street, Sliema, Malta.
Happi Group Ltd was awarded a Class 2 license, numbered LGA/CL2/231/2005 by the Lotteries and Gaming Authority in Malta and is also regulated by them (www.lga.org.mt).
The following Terms and Conditions form an agreement between the Happi Group Ltd ("Happi 6", "We" or "Us") and you as end user ("Player" or "You") of the Happi 6 Site and the Services accessed via Happi 6 ("the Happi 6 Site Services") located at http://www.happi6.com/or any replacement or successor websites. Please read them carefully. You do not have to agree with these terms and conditions but by participating in the Happi 6 Game or using Happi 6's software or other games as may be available from Happi 6 from time to time (collectively "the Games") you will be deemed to accept these Terms and Conditions in full, irrespective of whether you register an account with us. We reserve the right to amend these terms and conditions from time to time in accordance with clause 12 including, without limitation, to comply with any instruction or directive from the Lotteries and Gaming Authority of Malta.
© HAPPI GROUP LTD 2005, © Happi 6. ALL RIGHTS RESERVED.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, Happi 6 HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO COMPLETENESS OR ACCURACY OF THE CONTENT OR ANY EXPRESS OR STATUTORY WARRANTIES AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. Happi 6 MAKES NO WARRANTY THAT THE Happi 6 SITE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALSO, Happi 6 DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF TITLE OR QUIET ENJOYMENT.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT Happi 6 WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. Happi 6 IS NOT LIABLE FOR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE Happi 6 SITE SERVICES OR TO ANY BREACH OF THE TERMS AND CONDITIONS BY Happi 6, EVEN IF Happi 6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY
support@globalwon.com.
Legal Requirements
You can only use the Happi 6 Site if you are the legal age of majority as determined by the law of the country where you live. You cannot use the Happi 6 Site or the Games if you are under 18 years of age in any circumstances. In addition, you may only participate in the Games even if playing for fun only if you are a resident of a country where participation in such Games is allowed by the laws of that country.
Happi 6 does not intend that anyone should use the Games where such use is illegal. The availability of the Games and the Happi 6 Site does not construe an offer or invitation by Happi 6 to use the Happi 6 Site, Content or the Games in any country in which such use is illegal. Use of the Happi 6 Site, the Content and participation of the Games is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Happi 6 Site is legal in the country where you live.
ADDITIONAL TERMS AND CONDITIONS FOR PLAYERS AND POTENTIAL PLAYERS ACCESSING THE Happi 6 SITE
1 Introduction
These Terms and Conditions for the Games apply to all Games which are played via the Happi 6 Site. Happi 6 may issue Game Specific Rules for each individual Game and it is your obligation to check whether Game Specific Rules apply to the Game you wish to play in addition to these Terms and Conditions.
2 Definitions
The following words and terms, when used within these Terms and Conditions, shall have the following meanings, unless the context clearly indicates otherwise.
|
Content
|
design text graphics, software, images concepts, the methodologies designs or any data generated or covered by Happi 6;
|
|
Customer Support
|
Happi 6's customer services helpline, the address and contact numbers are viewable at the Happi 6 support page of the Happi 6 Site;
|
|
Dormant Account
|
a Player Account that has not been utilised by a Player to participate in any Game for any successive period of 12 months;
|
|
Game History
|
the information held by Happi 6 relating to the Games played by a Player, including the outcome of each Game;
|
|
Game Name
|
the name associated with and identifying a particular Game;
|
|
Game Specific Rules
|
any rules, procedures or conditions (including, without limit, the relevant Game Name and/or number, how the Game is won and the potential Winnings) issued by Happi 6 in addition to these Terms and Conditions which apply only to a particular Game;
|
|
Happi 6 Site
|
the website with the URL www.happi6.com ;
|
|
Happi 6 Site Services
|
the Services supplied by Happi 6 enabling Players to play the Games for fun and/or for real and all related Customer Support and information supplied to the Player by Happi 6;
|
|
Identification Number
|
the identification number in relation to the Player Account used by Happi 6 to identify individual Players;
|
|
Password
|
the alpha-numeric identifier used by a Player to identify himself when accessing the Games and other Happi 6 Site Services;
|
|
Player
|
an individual who has opened a Player Account via the Happi 6 Site and who is eligible (according to the criteria set out in these Terms and Conditions) to play the Games and whose Account has not been terminated, cancelled, suspended or closed;
|
|
Player Account
|
a Player's personal account maintained with Happi 6 to enable that person to participate in any Game;
|
|
Holding Account
|
the account in to which all Players' deposits, winning and commissions are paid and held, and from which they may make withdrawals;
|
|
Purchasing Account
|
a Purchasing Account is automatically opened for all Players and 10% of all commissions paid to the Player are credited to this account. Where a Player chooses to opt out and receive 100% of their commissions the player forfeits the right to receive winnings from their down line. A Purchasing Account is also used to receive funds from another account in accordance with the provisions of paragraph 11.4.1 below;
|
|
Player Personal History
|
the Player's Game History, Player's name, user name, Password, debit/credit card details, Security Information, address details, e-mail address details and Identification Information, date of birth and gender;
|
|
Pool
|
in relation to the Happi 6 Game means 40% of the entries purchased for a Happi 6 Game less reversed entries for charge backs, transaction charges, and any voided entries in accordance with these Terms and Condition or any Game Specific Rules;
|
|
Privacy Policy
|
the policy established by Happi 6 in respect of the use and storage of Player's personal information (including Player Personal History and Game History), as such policy may be amended from time to time;
|
|
Registration
|
the process of opening a Player Account via the Happi 6 Site;
|
|
Security Information
|
the three pieces of information (for example a memorable date, mother's maiden name and place of birth), which a prospective Player is required to provide to Happi 6 for security purposes as part of Registration;
|
|
Software
|
the software available to Players (including for downloading) via the Happi 6 Site to play the Games and access the Happi 6 Site Services;
|
|
Entry or Entries
|
Happi 6's electronic confirmation of a Player's participation and specific selections in a Game as recorded by Happi 6's unique transaction number;
|
|
Transaction History
|
the financial information relating to a Player's use of his Holding Account and Purchasing Account
|
|
|
|
|
Winnings
|
monies capable of being won by a Player participating in a Game.
|
|
Reward Chips
|
according to rules published from time to time on the Happi 6 website, Happi 6 may award individual Players with Reward Chips, redeemable against items published on the Happi 6 website.
|
3 How to Register
3.1 Prospective Players will be required to supply certain information to Happi 6 to complete the Registration process in accordance with the details requested on the registration page on the Happi 6 site
3.2 Happi 6 reserves the right to require a prospective Player to supply further documentation to verify a prospective Player's age or identity or place of residence.
Once a prospective Player has satisfactorily supplied the information set out above, he will be asked to indicate that he agrees to abide by these Terms and Conditions.
3.3 If Happi 6 establishes that the criteria for and terms of Registration have been satisfied pursuant to paragraph 4 below, the Player chooses a user name and Password and the Player Account will become active. The Player can at any time change the Password, (N.B. It is recommended that all Players periodically change their passwords to maintain maximum security). Happi 6 will acknowledge the successful completion of Registration via e-mail or by the method elected by the Player in the process of Registration. Passwords are also subject to the conditions set out in clause 6 below.
3.4 Players may begin to participate in the Games as soon as their Player Account has been opened. If Happi 6 subsequently discovers that a Player was not eligible to open a Player Account, Happi 6 reserves the right to take all appropriate steps including, without limitation, suspending or terminating that Player Account, the freezing of any deposits and Winnings and investigating any security issues.
3.5 Players must provide Happi 6 with accurate, complete and up to date information and it is the Player's responsibility to inform Happi 6 of any changes to that information from time to time.
4 Criteria for and terms of Registration
4.1 A prospective Player may open a Player Account only if the Player meets the following criteria:
4.1.1 the prospective Player is not a resident of Malta ;
4.1.2 the prospective Player is acting on his own behalf;
4.1.3 the prospective Player is not restricted by limited legal capacity;
4.1.4 the prospective Player is not classified as a compulsive gambler;
4.1.5 the prospective Player is not depositing funds originating from criminal and/ or un-authorized activities;
4.1.6 the prospective Player is not otherwise conducting criminal activities and/or intending to utilise the Player Account in connection with such activities;
4.1.7 the prospective Player warrants and represents not to be under the age of 18 and in the case of Estonia not to be under the age of 21;
4.1.8 the debit/credit card details supplied are those of the registered account holder and the card has not been reported as lost or stolen;
4.1.9 the prospective Player has not previously held a Player Account which was suspended or terminated within the previous six months by Happi 6, charged back any monies via a Holding Account or maintains a current Player Account;
4.1.10 the prospective Player in opening the Player Account acknowledges that he will not provide any information or make any statement to Happi 6 which are untrue, false, incorrect or misleading;
4.1.11 the prospective Player accepts that he is solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and Internet access services that he needs to use in order to access the Games;
4.1.12 the prospective Player acknowledges that if his Player Account is opened he will fully indemnify Happi 6 and hold Happi 6 harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of his (a) entry, use, or reuse of the Happi 6 Site or the Games; (b) breach of any of these Terms and Conditions;
4.1.13 the spouse of a currently registered Player may register a separate Player Account, however it must be in the same down line as the original account;
4.1.14 should a Player wish to change the sponsor of his Player Account the permission of the whole of his upline, or such part as satisfies Happi 6, is required in writing.
5 Refusal to register/process transactions
5.1 Happi 6 reserves the right to refuse to complete Registration for a prospective Player for any reason in its absolute discretion and, in addition:
5.1.1 Decline to accept deposits without any explanation whatsoever;
5.1.2 Request documents and additional information to verify identity, authorisation to use a specific credit or debit card and/or other facts provided by the Player or prospective Player, before expediting withdrawals;
5.1.3 Transfer and/or license, without prior notice, the right, liability and/or operation of a Player Account to any other legal entity ultimately managed and controlled by Happi 6, subject to Happi 6 guaranteeing the fulfilment of the transferred liability;
5.1.4 Subject to the terms of the Privacy Policy, transfer and/or licence data regarding a Player, without prior notice, to any other legal entity ultimately managed and controlled by Happi 6;
5.1.5 Hold and manage funds belonging to a Player in accordance with generally accepted guidelines for cash management regarding such funds, which may include a financial institution and/or a payment solution provider being entrusted to hold funds in the name of and/or for the benefit of Players; and
5.1.6 Forfeit and/or confiscate funds available on a Player's Account and/or refuse to honour a claim, in the event that, directly or indirectly, these Terms and Conditions have been breached and/or criminal and/or other unauthorised activities have occurred in connection with the Games and/or the operation of a Player Account.
5.2 Happi 6 may at any time without prior notice to Players terminate participation in any of the Games, and void any Entry if it considers the Player is in breach of the Terms and Conditions, or the Games Specific Rules or is otherwise acting illegally.
5.3 If there is a discrepancy in relation to an Entry in any Game and the result of such Game between the Player's computer or remote access device and records kept by the Player and those kept by Happi 6, Happi 6's records of an Entry and result of the Game will prevail.
6 Password Security
6.1 Players must keep their Password secure and secret at all times and take steps to prevent unauthorised use of their Password. In particular every Player must:
6.1.1 never write or otherwise record his Password in a way that can be understood by someone else;
6.1.2 never let anyone else know his Password;
6.1.3 destroy any advice from Happi 6 concerning his Password promptly after receipt;
6.1.4 avoid Password details that may be easy to guess such as birthdays/telephone numbers etc; and
6.1.5 inform Happi 6 immediately (by contacting Customer Support) of any unauthorised access to a Player Account or any unauthorised transaction or instruction of which he knows or suspects or if he knows or suspects someone else knows his Password.
6.2 Resetting of Passwords will only be sent by e-mail to the registered Player's e-mail address as currently logged in the Player Personal History.
6.3 Every Player is liable for all losses and related costs arising from the misuse of his Password or use of the Password by a third party.
7 Status of these Terms and Conditions
To the extent of any conflict or inconsistency between these Terms and Conditions, Privacy Policy or the Games Specific Rules, these Terms and Conditions shall prevail, and set out in full the obligations and liabilities of Happi 6.
8 Use of Content
8.1 Players may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for Player's personal, non-commercial use.
8.2 Except as expressly set out above, Players may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in this section, Players may not do any of the following without prior written permission from Happi 6:
8.2.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
8.2.2 commercially exploit the Content in any way;
8.2.3 remove any copyright or trade mark notice from any copies of Content made under these Terms and Conditions; or
8.2.4 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
8.3 Each Player hereby acknowledges that "Happi 6" and "Happi 6" and its associated logos are trade marks belonging to Happi Group Ltd and that they may not be used without prior written permission from Happi Group Ltd.
9 Software
All copyright, database rights or any other intellectual property rights in the Software belong to Happi 6 or Happi 6's third party licensors or suppliers. The Player's use of the Software is governed by the terms of any additional licence agreement that may accompany or be included with the Software. Each Player must not install, download or use any Software unless he agrees to the terms of such licence agreement.
10 Operation of a Player's Account
10.1 Crediting funds to a Player's Holding Account
10.1.1 Once a Player's Account has been opened, he will be able to credit funds to his Holding Account by means of one or more recognised payment methods.
10.1.2 A minimum and maximum amount (as determined by Happi 6 in its absolute discretion from time to time) can be credited to a Player's Holding Account at any one time.
10.1.3 Happi 6 will determine whether the funds that a Player has requested to be credited to his Holding Account are available and only when payments have been reconciled and cleared funds are available will the Holding Account be credited with the funds.
10.2 Withdrawal of Unutilised Funds by a Player from his Holding Account
10.2.1 A Player may withdraw any unutilised funds held in his Holding Account by accessing the "My Account" section of the Site. On such withdrawal, Happi 6 will return the relevant funds to the bank (or building society) account (less charges incurred) details of which are held by Happi 6 in respect of that Player or return the Funds to the relevant Player by other appropriate means. Happi 6 reserves the right to prevent such withdrawal in the circumstances where it or any regulatory body is concerned about the operation of that Player Account or the request for withdrawal pending an appropriate investigation (including a satisfactory outcome of such investigation).
10.3 Holding Account Balance
10.3.1 Players can only purchase Entries up to the amount of funds held in their Holding Account.
10.4 Closure by a Player of his Player Account
10.4.1 A Player may close his Player Account at any time by accessing the "My Account" section of the Happi 6 Site. On closure of a Player's Account, Happi 6 will return the Player's unutilised funds within the Holding Account to the bank (or building society) account, details of which are held by Happi 6 on its systems in respect of that Player, or return the balance to the relevant Player by other appropriate means less charges incurred in the process. Happi 6, however, reserves the right to prevent such withdrawal of unutilised funds in the circumstances where it or any regulatory body is concerned about the operation of that Player Account or the request to close the Player Account pending an appropriate investigation (including a satisfactory outcome of such investigation). In the event that Happi 6 is not able to return the balance to the relevant bank (or building society) account or to the Player by other appropriate means, it will retain the balance and on the Player providing such information as Happi 6 shall reasonably require, Happi 6 shall refund such balance. Any interest that may have accrued to the balance so held will be retained by Happi 6 in lieu of administration fees.
11 Termination and Suspension of Accounts
11.1 If any information provided by a Player (including, without
limitation, any information submitted during Registration) is false,
inaccurate, incomplete, misleading or not up to date Happi 6 has the
right to terminate, or suspend the Player's Account and refuse any and
all current or future playing of any Games by the Player. Happi 6 may
also do this in the event that the Player is acting illegally, involved
in any criminal activity or in breach of these Terms and Conditions or
the Game Specific Rules.
11.2 On termination of a Player's Account, Happi 6 will return the
Player's unused deposits to the bank (or building society) account,
details of which were provided as part of the process of Registration
only if Happi 6 is satisfied that it or any regulatory body does not
need to make an investigation concerning a Player's activity in which
case the Players Account will remain frozen until such investigation is
satisfactorily concluded. In all cases Happi 6 may elect to return
monies standing to the credit of Players Account by other appropriate
means. In the event that Happi 6 is not able to return the balance to
the relevant bank (or building society) account or to the Player by
other appropriate means, it will retain the balance and on the Player
providing such information as Happi 6 shall reasonably require, Happi 6
shall refund sums standing to the credit of the Player Account. Any
commissions that may have accrued to the balance so held will be
retained, up to an amount of €100 per year, by Happi 6 in lieu of
administration fees. If a Player Account is inactive for a period of 30
months the Account will be closed and any outstanding balance will be
reported to the licensing authorities in accordance with the Remote
Gaming Directives.
11.3.1 If a Player notifies his bank (or building society) or card
issuer that unauthorised use of his credit card has been undertaken in
relation to his Account and the bank (or building society) or card
issuer requests that the relevant sums be returned to the relevant
Player's credit card ("Chargeback"), Happi 6 will suspend the Player's
Account and ask the Player to contact Customer Support. Happi 6 also
reserves the right to debit the Player's Account with the amount of the
Chargeback and related fees together with all funds that the Player has
used to enter Games and which are subject to that Chargeback. If that
debit results in a negative balance in the relevant Player's Account,
the Player acknowledges Happi 6's right to recover that balance from
the Player and the Player, at the discretion of Happi 6, will not be
barred from opening a Player Account when the debt is repaid. In all
such cases Happi 6 also reserves the right to cancel any remaining
entries that the Player may have entered in future Happi 6 games.
11.4 Purchasing Account
11.4.1 In addition to a Holding Account a Player may use the
Purchasing Account facility to allow other Players and Agents to
transfer funds to the Player, to a maximum of €1,000 per transfer and
to one transfer per month. Funds transferred to and held in a
Purchasing Account may only be used for the purchase of Entries by and
for the Player who holds the account
11.5.1 If a Player's Account becomes a Dormant Account and there is a
credit balance on that Account, Happi 6 will use all reasonable
endeavours to contact the relevant Player (or his personal
representatives (where appropriate)) to determine his wishes in respect
of that balance. If Happi 6 is unable to contact the Player, it may at
its discretion terminate the Player Account in accordance with the
provisions of paragraph 11.2 above.
11.6.1 Happi 6 may in its discretion terminate any Player Account where
the Holding Account has carried a nil balance for any period in excess
of three months. The Player will be required to open a new Player
Account should he wish to participate in any Games.
12 Changes to the Terms and Conditions, the Games Specific Rules and the Privacy Policy
12.1 Happi 6 may, at its discretion, make changes to these Terms and
Conditions, the Games Specific Rules and the Privacy Policy at any
time. Happi 6 will give notice of any such changes as follows:
12.1.1 by including a reference and link to the changes in the log-on
screen to the Happi 6 Site for a period of 14 days after the change
will take effect;
12.1.2 by posting a revised version of the Terms and Conditions,
Privacy Policy and Games Specific Rules on the Happi 6 Site accessible
at http://www.happi6.com/
12.1.3 detailing the changes at the start of these Terms and
Conditions, the Games Specific Rules and the Privacy Policy by
reference to the date on which they were last modified.
12.2 The changes will take effect from the date specified when they
occur. It is important, therefore, that each time you log in to the
Happi 6 Site you check to see whether there is a notification of
change. You are solely responsible for reading the changes.
12.3 If you use the Happi 6 Site or the Games after Happi 6 has
published details of the changes, you agree to be bound by those
changes whether or not you have had actual notice of, or have read, the
relevant changes. If you do not agree to be bound by relevant changes,
you should not use the Happi 6 Site or the Games any further.
13 Games
13.1.1 The Game Specific Rules for each Game shall contain at least the following information:
13.1.1.1 Game Name;
13.1.1.2 price of Ticket per Game;
13.1.1.3 Game Style;
13.1.1.4 Game Symbols and Captions (if appropriate);
13.1.1.5 Winnings;
13.1.1.6 Approximate odds of Winnings;
13.1.1.7 Method of determining Winnings;
13.1.1.8 Method of notifying Players of Winnings;
13.1.1.9 Method of paying Winnings.
13.2.1 Players agree that it is strictly prohibited to play any Games
whilst located in any jurisdiction in which it is unlawful to play such
type of games and that no Winnings shall be paid to any Player in
respect of any Happi 6 Games played whilst the Player was located in
such a jurisdiction. Happi 6 has the right to terminate a Player's
Account and refuse any and all current or future playing of Games by
him or access by him to the Happi 6 Site if Happi 6 suspects or knows
that he has played Games whilst located in any such jurisdiction in
which it is unlawful to play such types of Games.
13.3. 1 Happi 6 may at any time announce the closing date for an individual Game.
13.3.2 Such announcement shall be made by way of notices to be
displayed on the Site for the period from the date of the announcement
of the date of closing of the Game up to the closing time. Each notice
shall clearly show the Game Name, and its closing date. Happi 6 may,
in exceptional circumstances, close an individual Game without giving
prior notice.
13.3.3 Subject to the provisions of paragraph 12, Happi 6 may at any
time without prior notice to you terminate, suspend, alter or amend
(including the prices of Tickets) functions or other characteristics of
any Game. Changes to the Game Specific Rules will be posted on the
Happi 6 Site and will be accessible from www.happi6.com and the changes
will take effect from the date specified.
14 Games Specific Rules
14.1.1 The Happi 6 Game will take place on the dates as advertised in advance on the Happi 6 Site.
14.1.2 The Happi 6 Game consists of choosing five single digit
numbers that range from 0-9; plus a sixth single digit number that
ranges from 0-9 known as the Bonus Number - the odds for selecting the
correct five numbers plus the Bonus Number are one million to one.
14.1.3 The Player is required to choose six numbers from the range
0-9 For example 1, 2, 3, 4, 5, 6 and enter them into boxes marked A, B,
C, D, E, and Bonus Number.
14.1.4 It is not obligatory that all the numbers are different or in
sequence, such as the following two examples 2, 8, 8, 4, 7 and 1, or
5,5,5,5,5 and 5.
14.1.5 The Ticket price will be €1 or as revised from time to time, such changes will be advised on the Happi 6 site.
14.1.6 The number of tickets that may be purchased by an individual
are as advised on the Happi 6 site or as may be revised from time to
time.
14.2.1 For the convenience of Players there is a random number
generator for populating the numbers, but Players can change any or all
of these numbers after purchasing Tickets, and in some cases before,
and up to twenty-four hours prior to the closing date for a particular
game in relation to the Tickets purchased for that game. Therefore, the
Players are in no way reliant on random number generated numbers.
14.2.2 The closing date for all Tickets will be advertised on the Happi 6 Site.
14.3 The outcome for each Game is beyond the control of the
management of Happi 6 or any third party that may benefit as a result
of the chosen numbers.
14.4 Note Happi 6 winning numbers are NOT random computer generated
numbers, Happi 6 winning numbers are chosen/generated by the use of
some of the world's major stock market indices.
14.5 Players accept and understand that the chosen Tickets have no
bearing or influence in any way on the performance of any stock market.
14.6 The procedures to generate the numbers for the Happi 6 Game
14.6.1 The opportunity to purchase Tickets will close at 09.00 hours
(CET) on each Game Day. On the day of the Game the following procedure
is followed:
To determine digit 1 (A);
from the FTSE 100 ( United Kingdom )
To determine digit 2 (B);
from the DAX 30 ( Germany )
To determine digit 3 (C);
from the CAC 40 ( France )
To determine digit 4 (D);
from the IBEX 35 ( Spain )
To determine digit 5 (E);
from the SMI (Swiss Market Index)
To determine digit 6 (Bonus Number);
from the ATX (Austrian ATX Index)
14.6.2 In the case of any of the above Markets not being open to
obtain a closing figure within 24 hours after the time of cessation of
Ticket purchases (perhaps due to a Bank holiday) then the number will
be determined by the stock market nearest the top of the List of
Reserve Stock Markets that fits the requirement of providing a closing
figure (see below).
14.6.3 The digit that will form part of the winning combination will
be taken from the closing figure of the market indices and will be the
last whole digit before the decimal point. (In the case of no decimal
point then it is the last digit).
|
Market
|
End of day closing Figure
|
|
|
A
|
FTSE 100
|
3692.46
|
|
B
|
DAX
|
2816.75
|
|
C
|
CAC 40
|
2617.75
|
|
D
|
IBEX
|
6280.55
|
|
E
|
SWISS MARKET INDEX
|
4536.04
|
|
Bonus Number
|
AUSTRIAN ATX INDEX
|
9681.04
|
As a result the winning combination for this particular draw would be 2, 6, 7, 0, 6 and the Bonus Number 1
Table of Reserve Stock Markets
AEX - Holland ( Amsterdam )
MIBTEL - Italy ( Milan )
HEX 25 - Finland
14.7 the last date for purchasing Tickets for the Game will be 09.00
hours (CET) on the published Game day. The verified winning numbers
will be published within 48 hours of the close of purchases for that
Game.
14.8 Prizes
14.8.1 For matching all five numbers plus the Bonus number the winning
Player will receive the prearranged prize (The First Prize) as
advertised on the Happi 6 website at the time of closing for that
particular game. Or the winning player may at his discretion choose to
take the cash equivalent of the First Prize, the amount as stated on
the Happi 6 website. In the event that there is more than one winning
player the cash equivalent and only the cash equivalent will be given
in equal shares.
14.8.2 The First Prize may be upgraded to a prize of a higher
value at any time, either at the discretion of Happi 6 or as the money
allocated to the First Prize pool increases. The First Prize for a
particular Game will be the one advertised on the Happi 6 website at
the time of that Game's closing.
14.8.3 The First Prize may only be claimed by the person in
whose name the winning Player Account is registered, and may only be
delivered to that individual, who may also be required to provide proof
of identity;
14.8.4 The First Prize will be shipped to the winner's country
of registration FOB (Freight on Board) at Happi 6's expense, It will be
the responsibility of the winner to pay all costs involved including
import duty, V.A.T (or the relevant country's equivalent) Customs
clearance, insurance and local delivery charges, if shipping is
necessary. Happi 6 makes every effort to deliver the First Prize in a
timely fashion, however Happi 6 accepts no responsibility for delivery
delays, or for damages to goods, due to the actions of third parties;
14.8.5 35% of the Prize Pool will be allocated to the First
Prize, in the event that the First Prize as advertised on the Happi 6
website is of greater value than the 35% allocated Happi 6 will
subsidise the amount of the First Prize pool by adding the shortfall to
the pool.
14.8.6 For matching all five of the five numbers the winning Players will share 25% of the Pool.
14.8.7 For matching four of the five numbers the winning Players will share 25% of the Pool.
14.8.8 For matching three of the five numbers the winning Players will share 15% of the Pool.
14.8.9 Winners who matched five, four and three numbers will be
credited with the cash prizes in their respective holding accounts.
15 Rollover
15.1 In the event that no Player correctly selects the five numbers
plus the Bonus Number required to win the First Prize (all six numbers
selected by the player must match the six numbers generated by the six
chosen stock markets) the total Winnings allocated for the First Prize
(i.e. 35.00% of the Pool), will be rolled over to the next scheduled
Game and will be added to the allocated First Prize of that Game.
15.2 In the event that the next Game also produces no First Prize
winner, the whole amount including any previous rolled over monies will
be rolled over to the next scheduled Game in perpetuity until a Game
results in a First Prize winner.
15.1 In the event of no winners for the 5 correct numbers the
Winnings under 14.8.2 are allocated equally to the 4 and 3 correct
numbers Pool.
15.2 In the event of no winners for the 4 correct numbers the
Winnings under 14.8.3 are allocated to the 3 correct numbers Pool.
15.3 In the unlikely event of no winners at all, the entire Pool will be rolled over to the next Game.
16 Valid Identification
Happi 6 may require the Player to produce such additional information as it may reasonably require in validating the Winnings.
16.1.1 If a Player is entitled to Winnings these will be credited to his Holding Account.
16.1.2 Happi 6 will display the winning numbers on the Happi 6 Site
for Players to determine if they have won. Each Player that wins will
also be notified electronically
16.1.3 In the event that Players consider that they are entitled to
Winnings but have not been so notified by Happi 6, they may lodge a
claim, provided such claim is received by Happi 6 not later than 23.00
hours CET on the fourteenth day after the date of the Game in question.
16.1.4 In the event that Players are credited with Winnings into
their account but consider the amount to be wrong they may lodge a
request to rectify the payment, provided such request is received by
Happi 6 not later than 23.00 hours CET on the fourteenth day after the
Winnings were credited to the Players Holding Account.
16.1.5 In the event that Winnings are erroneously credited to a
Player's Holding Account the Player acknowledges and agrees that the
Player has no legal claim title or interest in or to those funds. The
Player undertakes to notify Happi 6 of any error of which the Player is
or ought reasonably to have been aware.
16.2.1 In the case of a First Prize winner, the Player can be invited
to an event to receive his prize of either the First Prize voucher or
cheque
16.2.2 Happi 6 shall not be responsible or liable to any person
claiming Winnings that have been previously paid to a person who
assumed the identity of a Player and who obtained sufficient
information about them to impersonate the Player.
16.2.3 In the event that Happi 6, in its absolute discretion,
believes that the Player or a party claiming to be the Player is not
lawfully entitled to payment of Winnings or that the relevant Ticket is
invalid or the Game is defective, it shall be entitled to withhold
payment of Winnings or recover Winnings already paid into a Holding
Account or otherwise transferred to a Player or third party pending the
outcome of all appropriate checks and enquiries. Once the appropriate
checks and enquiries have satisfied Happi 6, in its absolute
discretion, that the Player is lawfully entitled to payment of the
relevant Winnings it shall credit the amount of such Winnings to the
Player's Holding Account.
16.2.4 In order to validate any claim Happi 6 must be able to
identify the entire purchasing process in the electronic audit trail
maintained by the Happi 6 software.
16.3.1 Happi 6 will make payment to the duly authorised
representative of a person under legal or other disability provided
appropriate proof of authority and legal entitlement is provided .
16.3.2 The right of any person to Winnings shall not be assignable.
17 Reward Chips
17.1 Happi 6 may award Reward Chips, in electronic form, to
individual Player Accounts according to the rules published from time
to time on the Happi 6 website;
17.2 Reward Chips have no monetary value and are only redeemable
against the items published on the Happi 6 website, each prize
requiring a predetermined number of Reward Chips to be collected. Under
no circumstances may Reward Chips be converted into the cash equivalent
value of an item to which they equate.
17.3 A Player is under no obligation to collect any item for
which he has the required number of Reward Chips. To collect an item a
Player must make a request via the Happi 6 website. Happi 6 will verify
that the Player is eligible for the requested item and inform the
Player. Once an item has been collected, the number of Reward Chips
equating to that item shall be deducted from the Player Account of the
Player receiving the item;
17.4 While Happi 6 makes every effort to provide the items
published on the Happi 6 website, these may vary due to availability,
in which case an item of similar type and value will be provided;
17.5 An item may only be claimed by the person in whose name a
Player Account is registered, and may only be delivered to that
individual, who may also be required to provide proof of identity;
17.6 The claimed item will be shipped to the Player's country of
registration FOB (Freight on Board) at Happi 6's expense, It will be
the responsibility of the Player to pay all costs involved including
import duty, V.A.T (or the relevant country's equivalent) Customs
clearance, insurance and local delivery charges, if shipping is
necessary. Happi 6 makes every effort to deliver claimed items in a
timely fashion, however Happi 6 accepts no responsibility for delivery
delays, or for damages to goods, due to the actions of third parties;
17.7 Happi 6 reserves the right to amend the number of Reward
Chips required for particular items at its own discretion and without
prior notification;
17.8 Reward Chips are not transferable between individual Player
Accounts, neither may the Reward Chips of two or more separate Player
Accounts be pooled together to claim an item;
17.9 In the event of a Player's Account being terminated, or the
Player himself requesting closure of his account, all accumulated
Reward Chips in that Player Account become null and void permanently;
17.10 Happi 6 reserves the right to make null and void all the
Reward Chips accumulated in a Player Account that has been inactive for
a period of 3 months or longer;
17.11 The decision of Happi 6 in any dispute regarding the allocation or redemption of Reward Chips shall be final.
18 Miscellaneous
18.1 Each Player warrants that they will only use their Player
Account, play the Games and use the Happi 6 Site in accordance with
these Terms and Conditions and Game Specific Rules and in an
appropriate and lawful manner and, by way of example, that they shall
not in connection with using their Player Account, playing Games or
using the Happi 6 Site (and shall not authorise or permit any other
party to):
18.1.1 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;
18.1.2 knowingly or recklessly transmit any content (including,
without limit, viruses) through the Happi 6 Site which shall cause, or
be likely to cause, detriment or harm, in any degree, to computer
systems owned by Happi 6 or others; or
18.1.3 hack into, make excessive traffic demands on or cause any
impairment of the function 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
playing the Games or using the Happi 6 Site or any other website, or
which is otherwise likely to damage the reputation or business of Happi
6 or of any third party.
19 General
19.1 References to statutory provisions shall be construed as
references to those provisions as respectively replaced, amended or
re-enacted from time to time and shall include any provisions of which
they are re-enactments (whether with or without modification) and, a
subordinate legislation made under such provisions.
19.2 Where the context so requires, in these Terms and Conditions,
the neuter gender shall include the feminine or masculine gender and
vice versa, the feminine gender shall include the masculine gender and
vice-versa and the singular shall include the plural and vice-versa.
19.3 Nothing in these Terms and Conditions confers any rights on any person other than the Player and Happi 6.
19.4 Each Player agrees that when he contacts the Customer Support
Centre, he will supply all information as reasonably required by Happi
6.
19.5 All Players must be individuals rather than corporate or other
legal entities save that Happi 6 in its discretion may permit such
corporations or other legal entities to become Players provided Happi 6
is provided with appropriate proof of its incorporation and
constitution.
19.6 Where instructed by the Lotteries & Gaming Authority of
Malta, Happi 6 shall, or in its absolute discretion acting reasonably,
declare a Ticket invalid. In such circumstances all other Tickets in
relation to the specific Game and all relevant Winnings shall be void
and Happi 6 shall, without prejudice to its rights under these Terms
and Conditions and the Games Specific Rules refund to any affected
Players the sums paid by the Player in purchasing the invalid Ticket.
19.7 Happi 6 will not be liable to pay Winnings or for any other
damages or losses or claims where the Game has been interrupted and not
completed or records of the Game have been lost or destroyed in
circumstances where:
19.7.1 any event occurs beyond Happi 6's reasonable control
including, but without limitation, any acts of God, war, strike,
lockout, industrial action, fire, flood, drought, tempest, power cut
and/or failure or obstruction of any network or telecommunications
service;
19.7.2 there is failure of, or damage or destruction to, Happi 6's computer systems or records, or any part thereof;
19.7.3 delays, losses, errors or omissions in or made by the postal
or other delivery service or by the banking system occurs;
19.7.4 any other action or event occurs which prevents or hinders the issue of a valid Ticket;
19.7.5 Happi 6 has refused to permit any Tickets or to allow any person to play any Game.
19.8 No Player may assign or sub-license or otherwise transfer any of his rights under these Terms and Conditions.
19.9 If any provision of these Terms and Conditions of the Games
Specific Rules is found to be invalid by any court having competent
jurisdiction, the invalidity of that provision will not affect the
validity of the remaining provisions, which shall remain in full force
and effect.
20 Law
20.1 These Terms and Conditions and the rights and obligations of
Happi 6, Prospective Players and Players set out herein shall be
governed by and construed in all respects in accordance with the laws
of Malta and any disputes with regard to these Terms and Conditions,
the Games Specific Rules or the Privacy Policy shall be resolved in
arbitration.
20.2 In the case of any dispute between the English language
version of the Terms and Conditions and versions in other languages,
the English language version shall prevail.
20.3 The number of arbitrators shall be one. The parties will select
the arbitrator from a panel of possible arbitrators displayed by Happi
6 from time to time on its website at www.happi6.com . The choice of
arbitrator is subject to availability. If the parties fail to agree on
the identity of the arbitrator within fourteen (14) days after either
party's request to the other then the arbitrator shall be appointed by
Happi 6 from the published panel of possible arbitrators and Happi 6's
decision is final. The place of arbitration shall be Malta . The
language to be used in the arbitral proceedings shall be English.
Nothing in this clause shall prevent either party from applying to the
Courts of any jurisdiction for such provisional or protective measures
(including but not limited to orders for the preservation of evidence,
property or assets) as are available under the laws of Malta .
21 Complaints
Should a player have a complaint please send an email to our Help Desk on mailto:support@happi6.com.
Management will make every effort to resolve your complaint, if
justified, in a timely manner and to the best of your satisfaction. If,
however, you feel that your complaint has not been resolved in an
appropriate manner you may wish to take your complaint to the Lotteries
and Gaming Authority of Malta by sending an email to mailto:complaints@lga.org.mt. Please ensure that only complaints of a serious nature are escalated to the Authority.
Happi 6
52, Fifth Floor
Bisazza St
Sliema
SLM 15
Malta
E-MAIL mailto:support@GLOBALWON.com
WEBSITE www.happi6.com
End of Happi 6 Terms and Conditions
Version 5 dated 28th February, 2007
.