This LottoLishus Software License andl Subscription Agreement (hereinafter referred to as the "Agreement"). To subscribe to the LottoLishus Lottery Management Software (hereinafter referred to as "LottoLishus" or "System") and join the LottoLishus Lottery Pool (hereinafter referred to as the "Lottery Pool"), applicants agree to the following Rules, Policies and Procedures in order to become a Subscriber with all the rights, duties, privileges and advantages of LottoLishus Subscription (each player is referred to as a "Subscriber").
Rules for LottoLishus Subscribership
- Each Subscriber must be at least the age which legally authorizes them to participate in state lottery games both in the state where the lottery game originates and the state where the Subscriber resides, and in no case under the age of 18 years, and agree to this Agreement. Any Subscriber found to be less than the age lawfully allowing that Subscriber to participate, which is at least18 years of age, will be immediately disqualified from the pool and will be ineligible to participate in any pool winnings. Any Subscriber fees or purchased tickets will be forfeited upon LottoLishus discovering an underage Subscriber.
- LottoLishus provides and manages a "Lottery Pool" which allows Subscribers to join in the lottery pool via the "Subscriber Dashboard". Participation in the Lottery Pool allows Subscribers the possibility of winning cash prizes from the California Lottery games ‘Mega Millions’ and ‘Powerball’, from a pool of players on a payout system described herein. The system and pooling of lottery play and participation by Subscriber in any winnings uses LottoLishus’ proprietary software system ("Player System").
- Subscribers agree to pay a "Membership Fee" for use of the Player System. The Membership fee is $7.99 for a four week period or $79 for a 52 week period. LottoLishus reserves the exclusive right, exercisable in its sole discretion, to change the Membership Fee, and any terms and conditions of this Agreement, from time to time, and each Subscriber agrees to pay the Membership Fee applicable from time to time, and be bound by the any changes to the terms and conditions, immediately upon LottoLishus posted an update to this Agreement, unless such Subscriber sends a "Notice of Cancellation" to email@example.com. Pool winnings, if any, will be transferred to a canceled Subscriber’s account with 48 hours of cancelation. Fees may apply.
- The Membership Fee is to pay LottoLishus for the right to use the Player System. Subscribers are able to access their secured dashboard and select the type of games, number of games, and specific number they want played. Player will receive a confirmation email that his or her Subscription has been activated and tickets have been purchased following initial Subscription. NOTE: all tickets are purchased by LottoLishus and all winnings are subject to the payout schedules in Section 6 of this Agreement. After the initial plays have been selected, the Player System will automatically re-apply the same number of tickets, which game is played, and the numbers selected each spin, until the Subscriber changes the inputs in the Player’s System. Cancellation request submitted through the player’s dashboard will go into effect following the end of the current paid Subscription period. There is absolutely no refund for purchased lottery tickets.
- Cancellation: Subscribers have 60 days after cancelling to re-activate their current player position in pool. After 60 days, LottoLishus deems that position in the pool abandoned and thereafter becomes the place solely benefiting LottoLishus. Thereafter, a returning Subscriber must create a brand new player position with a new user name.
- Distribution Schedule of Winnings
By subscribing to the Player System and becoming a member of the Lottery Pool, each Subscriber agrees to abide by the "Distribution Schedule of Winnings" schedule as follows:
- LottoLishus is the legal owner of all tickets bought and played for Subscribers, provided that all Subscribers shall have the right to his or her share of any winnings as provided in this section.
- Each Subscriber understands and agrees that LottoLishus shall always elect to receive the one-time lump sum cash payout option if available (i.e. the cash option will always be chosen as the method of payment from the Lottery Commission).
- The Player System is designed around rewarding Subscribers who bring in other Subscribers by allowing them, in some cases, to share in the winnings of Subscribers they bring into the pool.
- The prize money paid for a winning ticket will be paid as follows:
- One (1) Subscriber whose ticket has a winning number combination will receive 50% (fifty percent) of the "Total Net Payout", which is defined as the cash payout from the lottery winning, less any required expenses, tax withholdings, deductions, or offsets requires as part of the Lottery Commission’s payout or as provided in this Agreement. Each Subscriber understands that The Lottery Commission may withhold a percentage of the winnings, and has the right to do so by state law.
- Up to five (5) "Ancestor Subscribers" in the line of a winning Subscriber with at least one active ticket in play for the spin where the winning ticket was held will each receive a 5% (five percent) share of the Total Net Payout. "Ancestor Subscribers" are those who have directly caused a Subscriber to join the Lottery Pool. (i.e. Jack has winning numbers, he receives 50%, Jack joined LottoLishus through Dave’s pool, Dave’s share is 5%, Dave joined through Mark’s pool, Mark’s share is 5%, Mark joined through Eric’s pool, Eric’s share is 5% and so on until five Subscribers receive 5% shares). If there are less than 5 Ancestor Subscribers then the last Ancestor Subscriber will retain the balance of the winnings after 5% has been paid out to qualifying Ancestor Subscribers, up to a maximum of 5 Ancestors.
- Up to one (1) "Descendent Subscribers" in the line below a winning Subscriber will receive a 5% (five percent) share of the Total Net Payout. "Descendent Subscribers" are those who have become Subscribers directly from a winning Player (i.e. John is an existing Subscriber and brings in Matt.) If the Subscriber with the winning ticket does not have any Descendent Subscribers, then the 5% share will be given to a Subscriber in the pool with at least one active ticket in play as determined by the patent pending LottoLishus algorithm (also known as a "Meteor Strike").
- Four (4) additional Subscribers in the pool with at least one active ticket in play for the spin where the winning ticket was held will receive a 5% (five percent) (total of 5% x 4 = 20%) share each of the Total Net Payout, as determined by the patent pending LottoLishus algorithm ("Meteor Strike").
- LottoLishus shall be solely responsible to determine, settle and resolve any dispute over the Distribution Schedule of Winnings, in its reasonable discretion, so as to conform to the intent and purposes of the distribution schedule in this Agreement.
- Except as stated below, all winnings less than $600.00 will be credited to each Subscriber’s dashboard account within 24 hours. If the winnings for a particular spin or spins exceed $600.00, the winning ticket and IRS form 5754 will be submitted to the CA Lottery Commission, and payment for such winning(s) shall be mailed directly from the CA Lottery Commission (and can take up to 6-8 weeks to process). The winning Subscriber agrees to cooperate and provide whatever information is requested by LottoLishus or the applicable Lottery Commission.
- Credits to a Subscriber’s account may be applied to future tickets, Membership Fees, or may be withdrawn once the total amount exceeds $10.00. Processing and payment can take up to 6-8 weeks depending on the size of the win and the timing for processing payments by the Lottery Commission.
- LottoLishus is not responsible, will not administer and does not condone any side deals, "pool within a pool" or other arrangements, and all Subscribers will fully indemnify and hold LottoLishus free and harmless from any costs, claims, lawsuits, attorneys’ fees and expenses which arise from any disputes between Subscribers. Payout is solely governed by the patent pending payout system and this Agreement.
- In the event of any dispute over the payout to a Subscriber, such as by a judgment, lawsuit, child support, divorce proceeding, etc. each Subscriber agrees that LottoLishus shall interplead the winnings of any Subscriber that has a controversy, lien, judgment or other issue in the payment, and shall reduce from the winnings all costs, legal fees and other expenses incurred by LottoLishus to proceed with the final disposition of the winnings. Notwithstanding anything to the contrary, LottoLishus shall have no obligation to pay any winnings to anyone who is not a current Subscriber in good standing.
- To play in the Mega Millions pool, player must have an active ticket in play for Mega Millions. To play in Powerball pool, player must have an active ticket in play for that draw. If a player doesn’t have an active subscription and ticket in play, he/she will not be eligible to share in winning ticket payouts from players in his/her pool or any of the Meteor Strike payouts.
- Subscriber acknowledges and agrees that LottoLishus is the buyer and full legal owner of all lottery tickets in the Lottery Pool, and as such, has not obligations whatsoever except as are expressly stated in this Agreement. No other rights, privileges or obligations of the parties exist except as are stated expressly in this Agreement. LottoLishus’ ownership of all lottery tickets in the Lottery Pool is a fundamental right and privilege granted solely to and held by LottoLishus, and its entry into this Agreement is made only in consideration of and in dependence on the continued validity and enforcement of this provision. Subscriber hereby further specially acknowledges consideration for this section and covenants not to take any action in any way so as to challenge or contest this provision. For its part, LottoLishus shall be deemed to hold the portion of the winnings payable to Subscribers under Section 6 in constructive trust for their benefit, but subject to this Agreement and all applicable rules and regulations.
- Subscribers are able to set their own level of participation, subject to a minimum play of either: (a) $2.00 (USD) per week ($1 per ticket per spin on both Tuesday and Friday for entry in the pool for Mega Millions; or (b) a minimum purchase equal to $4.00 (USD) per week ($2 per ticket per spin on both Wednesday and Saturday) for entry in the pool for Powerball, with a minimum play period of four (4) weeks (total of $8.00 for single ticket over a four week period for Mega Millions or total of $16.00 for a single ticket over a four week period for Powerball) in order for a Subscriber to be eligible to share winnings on his or her pool or to participate in winners in the entire pool.
- Subscribers also acknowledge there is maximum limit of no more than 5 (five) tickets that can be played for each lottery spin [i.e. no more than 5 (five) tickets per spin on Tuesday and no more than 5 (five) tickets per spin on Friday for Mega Millions or same for Wednesday and Saturday Powerball spins] for a maximum of $10.00 per week for Mega Millions and/or $20 per week for Powerball.
- An express condition of any Subscriber receiving their share of a payout as provided in this Agreement is that each Subscriber shall promptly provide LottoLishus and/or the applicable agency, with valid identification and such other personal information as is needed or requested for payouts. To the extent LottoLishus learns that a winning Subscriber has provided false information, is under the lawful age to play the lottery, or resides in a jurisdiction where playing the lottery is unlawful, then the winnings will be redistributed to the other Subscribers under Section 6, and no payment shall be made to the unqualified Subscriber. Taxes, if any, are the sole responsibility of the winning Subscriber(s). All other taxes, meals, entertainment, tips, transportation, and all other items not specified herein or as a part of the prize or winnings are the responsibility of the Subscriber and their share of the winnings. While LottoLishus is technically the winners of all tickets, they shall use IRS 5754 to pass through the winnings to the Subscribers in the pool, who in turn shall pay their attributable share of all taxes and related fees. Winners should be aware that Federal taxes are taken first from any major U.S. jackpot prize, and in some jurisdictions a state tax may be levied before the final jackpot amount is awarded to the winners.
- Subscribers authorize LottoLishus, and any successors or related entities of LottoLishus, to use each of their names and photographic images in the System, and any medium, on the Internet or social media (such as Facebook) in its marketing and promotional content and material.
- LottoLishus is not responsible for inaccurate, duplicated, incorrect, lost, late or misdirected communications, registration, or game play information of any kind whether caused by a Subscriber, equipment or technical malfunction, or a communications error of any kind. 13. LottoLishus reserves the exclusive right, exercisable in its sole discretion, to add additional games and contests, or discontinue participation in any lottery game at any time without notice. Tickets purchased prior to discontinuance remain active for the Subscriber until the subscription period expires. Winnings are always divided according the Distribution Schedule of Winnings.
- LottoLishus and LottoLishus, Inc. reserves the exclusive right, exercisable at any time, to disqualify, prevent or otherwise refuse to allow any Subscriber, individual or entity from participating upon electronic written notice for any lawful reason by LottoLishus to Subscriber.
- This Agreement shall apply the laws of the State of California without regard to where a Subscriber is based. Venue shall be in Fresno County, California.
- Notwithstanding anything to the contrary, in the event of a breach by LottoLishus the maximum recovery by any Subscriber shall be the return of all Membership Fees paid under this Agreement.
- LottoLishus does not guarantee any particular outcome, winning combination of numbers, or otherwise. All lotteries have risk of loss.
- In the event LottoLishus fails or otherwise does not select the game, spin date or exact numbers selected by Subscriber, it shall not be responsible for any missed games, consequential damages or otherwise.
- LottoLishus retains at all time the right to amend, alter, modify, suspend or otherwise terminate any part of this Agreement which is determined in its commercial judgment to be unlawful or potentially unlawful, which shall take effect upon posting the changes on the homepage. LottoLishus does not guarantee, represent or warrant that the lottery or Lottery Pool herein are lawful in all jurisdictions, or for all Subscribers, or in all instances.
- All actions to enforce or interpret this Agreement shall be done in a binding Arbitration under the AAA rules, in Fresno County, California.
- In the event any part of this Agreement is invalid by law, the court shall delete the offending clause and the balance of this Agreement shall remain valid and binding on the parties.
- Subscribers are not partners, agents, employees or contractors of or with LottoLishus.
- Subscribers shall not reverse engineer, copy, or compete with the System and agree not to infringe, misuse or otherwise breach any right of LottoLishus.
- LottoLishus’ performance in each respect under this Agreement shall be excused for any Acts of God, bad weather, interruptions to the internet or lottery systems, bugs or downtime on the System, labor strikes, material shortages, war or war like situations, and each other instance, whether internal or external, which unreasonably interferes with the performance of its duties.
- All winnings and information related to the Lottery Pool and System are confidential, and except as authorized by LottoLishus or this Agreement, all Subscribers shall protect the confidential nature of the information of Subscribers, winnings, etc.
- Any member of the public, who can otherwise lawfully play the lottery, may be a
free entry to the pool by sending a letter to LottoLishus with their name, age,
address, phone number, email address, occupancy, chosen spin numbers and
request for a free pool entry, with a money order for the number of tickets requesting
played (max of 5 (five) per Mega Millions at $1 per ticket and/or Powerball at $2 per
ticket x 4 weeks for a total of 8 spins per lottery) with submissions being made
between the 5th and the 10th of each month, entitling the sender to free access to the
LottoLishus Player System, and all submissions and play will be subject to this
Agreement and the Distribution Schedule above, addressed to:
C/O "Free-Play Sweepstakes"
All product and company names appearing within LottoLishus documentation are the registered trademarks, or trade names of their respective owners. All rights are reserved. For additional information, see the FAQ section of the web site, or write firstname.lastname@example.org.