Terms and Conditions

GENERAL

1) These General Terms and Conditions (“Ts & Cs” or “Agreement”) constitute and govern the contractual relationship between the parties, KEED Ghana Limited hereinafter referred to as “KEED” or “We”, “Us”, or “Our”; and "You", as the user and customer, hereinafter referred to as “Player” or “You” or “Yours”.

“KEED” in these General Terms and Conditions refers to KEED Ghana Limited, a company incorporated in Ghana with registration number CS239962017. “National Lottery Authority” or “NLA” means the regulatory body in Ghana responsible for organizing raffles and lotteries in Ghana, as per Regulation 21 of the Lottery Regulations 2008 (LI 1948) of the Laws of Ghana.

“Player” means any individual or entity that expressly or impliedly agrees to all these General Terms and Conditions when dialing *959# to play NLA 5/90.

The Terms & Conditions (Ts&Cs) contained herein outlines the responsibilities of the lottery operator, National Lottery Authority (NLA) and the 5/90 Mobile gameplay channel; bears and covers the governing rules for Players, user requirements, applicable user rights, user responsibilities and gameplay restrictions as captured for the NLA 5/90 Mobile USSD gameplay. By accessing the 5/90 shortcode on *959# via any connected mobile handset and thereafter playing the game via mobile, the Player) acknowledges reading and understanding the governing rules of the NLA 5/90 Mobile Game and accepts to be bound by the Terms and Conditions set for mobile gameplay.

REVISIONS TO TERMS AND CONDITIONS

NLA and the mobile gameplay channel reserves the right to effect changes to Terms and Conditions and USSD gameplay mechanics at any time it deems fit and without prior notice to players. Update to Ts&Cs will be reflected via in-game play (USSD *959#) or respective online channels (NLA website and/or Social Media handles). Player’s continued use of NLA 5/90 Mobile Game via mobile USSD (*959#) indicates Player’s acceptance of changes.

COPYRIGHT

All NLA 5/90 Mobile USSD game content contained in either gameplay, communication material, related software or hosted on 3rd party platforms, is and remains the property of the operator, National Lottery Authority and its affiliates and is duly protected by copyright law. None of the content may be reproduced, published, transmitted, distributed, displayed, modified or exploited in any way, in whole or in part without the prior written consent of the NLA or its affiliates or unless authorized under these Terms and Conditions.

TRADEMARKS

The name "5/90 Mobile", and all associated lottery game names and references, as well as the technical platform, related software and all other graphics and logos displayed across all communication channels/platforms remain the sole property or have been licensed for use by the National Lottery Authority and without the express prior written permission of the NLA, may not be used at any time in any form (including but not limited to advertising, as an endorsement for any product or service, or any other purpose, commercial or otherwise).

LINKS

NLA or its affiliates may, from time to time, provide referral links or drive awareness for prospective players to access the USSD short code *959# to play the 5/90 Mobile Game. NLA is not responsible for the activities of other unauthorized links or any communication material content not sanctioned by the NLA or its affiliates. NLA and its affiliates provide these links only as additional resources for its USSD based 5/90 mobile users and make no representations regarding the content of any linked web site, shortcode (except *959#) or any companies that own, control or manage these channels. Consequently, NLA will not be, in any way or form, responsible for the accuracy, relevance, copyright compliance, legal conditions or decency of material contained in, programs used by, or services or products offered by, external channels not sanctioned by the NLA nor its affiliates

SMS / ADVERTISEMENTS

NLA or its affiliates will provide SMS based messaging services to notify users on all transactions performed on the NLA USSD based 5/90 Mobile via *959#. Promotional activities via SMS (text messages), traditional media (TV, Radio, Billboard, Online, Social Media etc), BTL activations and other advertising channels will be employed to promote 5/90 game products (i.e. Daily Lottery Games). The Player by playing the NLA 5/90 Mobile Game acknowledges and accepts to receive all communication and promotional content governing gameplay.

FEEDBACK

Any comments or materials sent or transmitted, including but not limited to, via electronic mail, standard mail, social media post, phone calls, SMS (text messages) or other communication channel to the NLA 5/90 Mobile Game regarding any content or information found in the 5/90 Mobile Game, including, without limitation, data, questions, comments or suggestions (collectively referenced as "Feedback"), which will not be treated as confidential, will become the property of NLA Mobile and may be subject to disclosure under certain laws. NLA 5/90 Mobile Game has no obligation of any kind with respect to Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, distribute, and create derivative works from Feedback.

SECURITY OF NLA 5/90 MOBILE GAME USSD

Kindly be advised that the security of the USSD gaming portal hosted by the NLA and its affiliates including telecommunications networks is secure and all mobile transactions and player data is encrypted ensuring gameplay security. However, please also be advised that NLA and its associates cannot accept and are not responsible for any unauthorized access to your phone that results in gameplay on the NLA 5/90 Mobile Game via USSD *959# shortcode and mobile money transactions. NLA 5/90 Mobile Game takes steps to preserve the privacy of personal information and gameplay security, kindly review the NLA’s Privacy Policy for more information about how NLA Mobile handles personal information.

ELIGIBILITY

NLA 5/90 Mobile Game is restricted to Players above the age of 18 years, physically present in the Republic of Ghana while playing the game and owning mobile money accounts linked to the same phone used in playing across any of the local mobile networks (i.e. MTN, Vodafone, AirtelTigo). Dialing *959# to purchase a ticket/stake and play NLA 5/90 Mobile Game on any handset indicates an understanding of all the rules and regulations of the games and provides consent to be bound by all terms and conditions of the NLA 5/90 Mobile Game. NLA and its affiliates reserve full rights to change any terms and conditions without prior notice and Players will abide by the same.

GAME DETAILS

5/90 is an NLA game that allows players to select at least one out of ninety balls numbered 1-90. A draw is held at the end of each day except on Sundays to randomly select 5 out of the 90 balls. If the numbers on the 5 selected balls match any of the numbers selected by the player at the time of play, he is a winner. The daily draw games are Monday Special, Lucky Tuesday, Midweek, Fortune Thursday, Friday Bonanza and National Weekly on Saturdays.

The variations of games to play each day are below

● Direct-1:- The first number drawn is called the 1st Winning Number. (E.g. If a Player selects number 45, he wins if 45 is the first number drawn)

● Direct 2:- Any two numbers out of the 5 winning numbers to be drawn. (e.g. If a player selects 37 and 17, he's a winner if 37 and 17 are among the 5 numbers drawn)

● Direct 3 :- Any three numbers out of the 5 winning numbers to be drawn. (e.g. If a player selects 21, 48 and 83, he's a winner if 21, 48 and 83 are among the 5 numbers drawn)

● Direct 4:- Any 4 numbers out of the 5 winning numbers to be drawn. (e.g. If a player selects 21, 48, 83 and 45, he's a winner if they are among the 5 numbers drawn.)

● Direct 5:- All 5 numbers chosen must be winning numbers. (e.g. If a player selects any 5 numbers from 1 to 90, and all 5 numbers are drawn, then he is a winner.

● Perm-2:- This is basically selecting more than 2 Numbers and combining them in sets of 2. If a player selects numbers 10-20-30, Perm2 will give combinations of (i) 10-20, (ii) 10-30 and (iii) 20-30. Here, the winning pattern is the same as direct-2.

● Perm 3:-This is basically selecting more than 3 Numbers and combining them in sets of 3. If a player selects numbers 10-20-30-40, Perm3 will give combinations of (i) 10-20-30, (ii) 10-20-40, (iii) 10-30-40 (iv) 20-30-40. Here, the winning pattern is the same as direct-3.

● Banker 1 against all: - This is selecting one number and pairing it with the rest of 89 numbers. (e.g. if a player selects 45 against all, Means 45 his banker.) This banker must be one of the 5 winning numbers. Gameplay Players of the 5/90 Mobile Game must ensure that the particular 5/90 game is selected and played before the draw of that particular game. The Player shall ensure that the numbers played, the value of the stake, the date of the draw and ticket number of e-ticket generated are visible on the said e-ticket on the 5/90 mobile platform.

INDEMNITY

Players shall indemnify and hold harmless KEED and its affiliates (and their respective directors, officers, agents, Games Service Providers and employees) from and against any and all losses arising out of, relating to or in connection with the playing of 5/90 Mobile Game, except to the extent any such loss arises from KEED’s intentional breach, fraud, gross negligence or wilful misconduct.

DRAW RESULTS The draw of 5/90 on mobile shall have regard to the provisions relating to Regulation 21 of the Lottery Regulations 2008 (LI 1948)

PRIZE REDEMPTION

Direct 1 - 5 A player who plays DIRECT 1 - 5 and wins will have their winning amounts (from GHC 36 up to GHC 10,000) credited within 24 hours to their confirmed mobile money accounts (i.e. mobile phone and mobile money accounts linked to the 5/90 mobile game).

PERM 2, PERM 3, BANKER 1 AGAINST ALL A player who plays PERM 2, PERM 3, BANKER 1 AGAINST ALL and wins will have their winning amounts (from GHC 240 up to GHC 10,000) credited within 24 hours to their confirmed mobile money accounts (i.e. mobile phone and mobile money accounts linked to the 5/90 mobile game) or via cheque for high amounts at the discretion of the NLA or its associates after confirmation of draw results of each event. After the draw, winning amounts exceeding the mobile money limit can be redeemed with a cheque to be collected at the designated NLA affiliate and withdrawn at any of the partner banks.

For wins above the threshold of Ten Thousand Ghana Cedis (GHS 10,000.00) further verification will be done the day after the draw and winners shall be informed of how to redeem their wins. In such cases of wins above the threshold, payments shall be made during the normal business hours of the mobile game operator or its accredited partner banks, provided that an online system is operational and able to validate the claim. The winner, by submitting the claim, agrees to the discharge of the relevant duties the republic, the NLA and its officers that are not liable after payment for the prize.

Any amount credited erroneously to a Player's account by KEED should be reported immediately to KEED by the Player. Any winnings and funds caused by an error are invalid regardless of how they occurred.

THIRD-PARTY CHARGES & OMISSIONS

Transaction Charges When depositing or withdrawing money from the NLA Mobile Player wallet, Players may be charged per transaction based on the payment channel used. A Player shall bear the cost of transaction from these payment channels Third Party Omissions KEED is not liable for transmission errors. Therefore, there shall be no claims for compensation due to any transmission errors, delays, or the misuse or manipulation of data.

DECLARATION

I am 18 years old or older. I am physically present in the Republic of Ghana while playing the 5/90 Mobile Game. I have understood all rules and regulations of the games. I agree with all the terms and conditions of the NLA Mobile Application. I acknowledge that NLA has full rights to change any term or condition without prior notice to me and I will abide by the same.

The NLA 5/90 Mobile Game is available to, and may only be used by individuals, who can enter into legally binding contracts under the law applicable to Ghana. I certify that I qualify and meet this requirement. In all circumstances, KEED shall not be held responsible for misuse of the services by any unauthorized parties or minors.

KEED may amend and/or assign this Agreement or any rights and/or obligations from time to time. Any changes to the General Terms and Conditions will be communicated to the Player beforehand by prompting the Player to re-accept the General Terms and Conditions prior to a stake of the game. By continuing to stake NLA 5/90 Mobile Game, the Player agrees to be bound by the Ts&Cs as well as by the latest modifications to it. If a player does not agree to be bound by the changes to these Ts&Cs, the Player must not use or access KEED Ghana’s NLA 5/90 mobile platform and or place a stake of NLA 5/90 Mobile Game. In order to avoid misunderstandings and disputes at a later stage, Players can print out these Ts&Cs.

EXECUTION OF THIS AGREEMENT

This Agreement shall be governed by and interpreted in accordance with the laws of Ghana, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts of Ghana, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

FORCE MAJEURE

KEED will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.

OTHER TERMS AND CONDITIONS

Employees of KEED, as well as their immediate family members, are prohibited from playing NLA 5/90 Mobile Game. Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity which is the basis of a provision of a bonus or otherwise will render the Account inactive along with any and all profits or losses gathered.

KEED will treat as highly confidential the information the Player entrusts to it, in accordance with its Privacy Policy.

KEED may waive a right or provision from these General Terms and Conditions in particular cases.

KEED will not be bound by, and the Player has no claim for, a waiver of such right or provision in future matters. Any suspicious or fraudulent transactions will be immediately reported to the relevant authorities.

By using or staking NLA 5/90 Mobile Game the Player is acknowledging that he or she is at the risk of losing money. It is the Player’s sole responsibility to assume any losses suffered as a result of staking this game. All transactions have to be processed in accordance with Ghana’s anti-money laundering regulations.

KEED reserves the right, in its sole discretion, to void any winnings, to terminate the Agreement, to refuse, cancel the services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:

1. The player provides incorrect or misleading information on his/her mobile money account.

2. The Player has neglected or has failed to provide the required identification documents.

3. The Player provides documents which do not match with the data from mobile money account data.

4. The Player uses or accesses the game from a jurisdiction in which the game is deemed to be illegal activity according to applicable law.

5. The Player uses money gained through criminal, unauthorized or other illegal activities.

6. The Player is not of legal age (at least 18 years old).

7. The Player has defrauded or attempted to defraud KEED or any other party in any way. This includes any system based on the use of software, techniques, computer, machines or similar tools or the establishment of a syndicate of Players in order to defraud or to cause damage to KEED, its Players or any other party.

8. The Player has allowed or permitted access to a third party to his/her mobile money account to attempt to defraud or to cause damage to KEED, its Players or any other party. KEED makes no exception for intentionally or unintentionally actions or reasons.

9. The Player violates any terms of the Agreement or fails to comply with it. The list of reasonable grounds above is not exhaustive.

The Player expressly authorizes KEED to make payment of wins directly to mobile money account used by the Player to stake NLA 5/90 Mobile Game and shall hold KEED harmless of any loss or problems arising out of payment of wins to this mobile money account used by the Player to stake NLA 5/90 Mobile Game.

The term of the Agreement shall be for an indefinite period and should the Player wish to terminate this Agreement at any time, he/she may discontinue from staking NLA 5/90 Mobile Game.

The stake limits are as follows:

● The minimum stake or play is: One Ghana Cedi (GHS 1.00).

● The maximum stake or play is Five Hundred Ghana Cedis (GHS 200.00).

COMMITMENT TO DISCUSSIONS

In the event of a dispute in respect of an NLA 5/90 Mobile Game or the payment or awarding of any NLA 5/90 Mobile Game winnings, KEED may withhold payment of the NLA 5/90 Mobile Game winnings until any dispute has been fully resolved.

MISCARRIED AND ABORTED GAMES/STAKES

KEED takes every precaution to avoid as much as possible, any technical anomaly or problem. However, this is not always possible. Consequently;

1. KEED, Our suppliers and/or licensors are not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the gameplay. Refunds may be given solely at the discretion of the management;

2. KEED, Our suppliers and/or licensors accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with our website game play channel or its content, including and without limitation to:

1. Delays or interruptions in operation or transmission;

2. Loss or corruption of data;

3. Communication or lines failure;

4. Any site or content misuse;

5. Any errors or omissions in content;

3. If a lottery draw does not take place at NLA, all valid stakes shall be refunded to Players

4. If Your game miscarries because of a failure of the system, We shall refund the amount wagered in Your game by crediting it to Your mobile money account or, if Your mobile money account no longer exists, by paying it to You directly, in an approved manner.

PRIVACY POLICY

By staking NLA 5/90 Mobile Game with KEED, the Player implicitly gives his authorization to the processing of any personal data in compliance with the privacy laws in force in Ghana for the use of the mobile or online lottery or games or betting offered by KEED.

The supply of data to third parties is on an ‘opt-in’ basis. By staking NLA 5/90 Mobile Game with KEED and through the voluntary interaction Players undertake with KEED products, the Player confirms and agrees that they consent to the use of all or part of the information they supply, the transactions they undertake through it and the interactions which they perform with KEED and on behalf of KEED.

All interactions the Player undertakes with KEED will be stored by KEED for the purposes of record and as such may be employed by KEED in such cases where disputes arise between Players and KEED.

KEED will do its utmost to ensure the confidentiality of its Players’ personal information including the implementation of data protection procedures designed to ensure user confidentiality.

KEED ensures that its data protection policy is regularly updated in order to ensure that the Player's information is continually safeguarded. From time to time, KEED may contact Players either via phone or SMS for the purpose of offering them further information about KEED.

In addition, KEED may, on occasion, seek to contact Players, either by phone or SMS, for the purpose of informing them on unique promotional offerings provided by KEED for its Players.

Players consent to the receipt of such contact when they consent to our General Terms and Conditions when staking NLA 5/90 Mobile Game with KEED. Any person wishing to opt-out of further contact with KEED must contact customer support.

KEED may be required by law or relevant authorities to disclose data of Players.

If KEED believes that disclosure is necessary, KEED will disclose the information to the relevant public authorities in Ghana. Any suspicious or fraudulent activities can be immediately reported to the relevant authorities, including but not limited to the MGA.

KEED reserves the right to publish the name of a Player who wins a significant amount. Consequently, by agreeing to these terms and conditions, You are hereby agreeing to have your first name and the first letter of your surname published on the KEED website and/or through social networks in the case of significant wins.

KEED shall not disclose your full name in public unless we receive your authorization to do so as part of the prize awarding ceremony.

COMPLAINTS

In case of a complaint or an issue, a player is to contact customer support by dialing *959# detailing the nature of the complaint.

KEED customer care representatives shall address and resolve complaints instantly or escalate to appropriate units or parties for it to be resolved. There are no time limits for resolving Players’ complaints.

SEVERABILITY CLAUSE

Each clause contained in these General Terms and Conditions shall be separate and severable from each of the others. If any clause is found to be void, invalid, or unenforceable for any reason whatsoever, the remaining clauses shall remain in full force and effect.