Edition effective 28th September 2018

PREAMBLE

Oxygen8 Lotto Ltd (herein after referred to as “O8 LOTTO”), a company registered under the laws of Kenya whose registered address is: P.O Box 34249-00100 Nairobi

Oxygen8 Lotto Ltd is authorized and regulated by the Betting Control and Licensing Board of Kenya (herein after referred to as “BCLB”) under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under License number: 000020

Oxygen8 East Africa Ltd (herein after referred to as “O8 EA”), the parent company of Oxygen8 Lotto Ltd, a company registered under the laws of Kenya whose registered address is: P.O Box 34249-00100 Nairobi

This Tatua3 Draw Game remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) and any disputes arising hereunder shall be resolved in accordance with such provision

These Rules for Tatua3 Draw Games Played Online or via a Mobile Device (the “Rules”) apply when You play anyTatua3 Draw Game online or via the Mobile Device. Each Tatua3 Draw Game also has its own Game Procedures that apply, and certain Tatua3 Draw Games may also have their own Game Specific Rules that apply from time to time.

This agreement establishes the Terms and Conditions for the contractual relationship between 08 LOTTO and you as a Player. The Terms shall apply to gaming via Mobile services, SMS, Mobile Money and all other connected devices. You are required to accept these Terms and Conditions when interacting with the services offered by 08 EA and you are bound by these Terms and Conditions throughout the existence of the relationship.

This Tatua3 Draw Game is also known by its English language name PICK3 Draw Game and any reference to either remain one and in the same.

TATUA3 GAME DESCRIPTION

TATUA3 is a draw game based on choosing a set of three single digit numbers which constitutes a Bet. The pool consists of the numbers 0 to 9 inclusive.

When a Player enters, they can either choose their numbers via MPESA and online.

METHODS OF ENTRY

Online:

A Player can enter the TATUA3 Game via the following URLs:

tatua3.co.ke or mylotto.co.ke

New Players are required to register before any bet can be completed.

Players with a valid Account can bet in the TATUA3 Game choosing either:

  • Lucky Pick; Numbers will be randomly generated on behalf of the Player
  • Number Selection; The Player can select their own numbers for the TATUA3 Game

Notes:

  1. Safaricom’s “MPESA” is the only Mobile Money platform currently available for use.
  2. For new Players, Account details and promotional messages pertaining to their account will be sent via SMS at the point of 1st bet
  • The Player is responsible for any mobile money based transaction fees levied by the mobile operators.

Mobile Money:

Players can enter the TATUA3 Game through their Mobile Money Account by betting.

To bet via Mobile Money, a Player must play a minimum stake of Ksh10 to Paybill Number 150150

The Player must use the ACCOUNT or REFERENCE field of the Mobile Money system as the means to enter their three single digit numbers. Failure to enter this numbers in a compliant way will result in the O8 Lotto system issuing a lucky pick set of numbers.

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

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

Notes:

  1. Safaricom’s “MPESA” is the only Mobile Money platform currently available for use.
  2. For new Players, Account details and promotional messages pertaining to their account will be sent via SMS at the point of 1st bet
  • The Player is responsible for any mobile money based transaction fees levied by the mobile operators.

TERMS AND CONDITIONS

  1. The TATUA3 Game Rules
  • The TATUA3 Game involves a random draw of three single digit numbers ('Numbers') each selected from the numbers 0 to 9.
  • The Draw uses a Random Number Generator approved by the BCLB.
  • Draws are scheduled every thirty minutes on the half-hour and on the hour. The exact draw time will depend on the processing of the entries so O8Lotto meets its obligations to the BCLB
  • The Stake for each TATUA3 Game Bet is between Ksh10 and Ksh1,000.
  • If a Player attempts to bet over the maximum stake, the Player is automatically refunded the difference less the cost of the mobile money transaction.
  • If a Player wished to bet more than the predetermined maximum bet amount, they must communicate that intention to Oxygen8 Lotto Ltd via the call centre or via the website.
  • The Stake will be displayed on the relevant TATUA3 Betting panel at the time the TATUA3 bet is placed.
  • The deadline for TATUA3 bets will be decided by O8 LOTTO and is currently set to 30 seconds before the draw, and will be displayed on the Web Site.
  • There are 2 ways to win. The Prize categories are listed below.
  1. by matching 3 Numbers in sequence(Prize Category 1)
  2. by matching 2 Numbers in sequence but not all 3 Numbers (Prize Category 2);
  • Only one Prize can be won per TATUA3 bet, which will be the highest of the available Prize Categories achieved by, and relevant to, that TATUA3 bet.
  • The Prize payable to Players in respect of each O8 LOTTO Winning TATUA3 bet will be that announced on the tatua3.co.ke website with respect to that particular draw.
  • The odds of winning, for each of the 4 ways to win are as follows:
    1. Prize Category 1 – 1 way - 1 in 1000
    2. Prize Category 2 – 3- ways - 1 in 37 (≈ 37)
  • The results can be checked by visiting the website tatua3.co.ke These results will also be sent to all players that made a bet in the game.
  • O8 LOTTO will endeavour to ensure that the results (including Prize Breakdowns) and Winnings/Prizes displayed on the Website or published via other sources are accurate. Although every effort is made to ensure the accuracy of this information, O8 LOTTO shall not be liable for any mistakes in respect of such information.
    1. Rules to Entry
    • You must have a Kenyan Mobile Money Account registered to Your Account and have a valid form of Identification Information that was associated with the Kenyan Mobile Money Account.
    • Each bet must be bought for its full price, unless such are complimentary entries distributed by O8 LOTTO in a promotion or by way of prizes for TATUA3 games.
    • Bets can only be made through O8 LOTTO.
    • If a bet is made after the designated draw deadline (as advertised on the Website), the bet is automatically entered into the next scheduled draw. For example:
    1. If a bet is received after the advertised deadlinethe bet will be entered into the following draw
    2. If a bet is received after the advertised deadline due to a delay in the network or computer systems or any unforeseen technical difficulties, the bet will be entered into the following draw
  • Your bet will only be valid if it is recorded on O8 LOTTO’s Computer System.
  • In the event that You have deposited money into O8 LOTTO’s Mobile Money account to complete a betting transaction but, due to unforeseen technical difficulties or other such technical problems, O8 LOTTO is unable to process your deposit and issue a bet at that time, upon rectification of the technical difficulties, O8 LOTTO will process Your deposit and issue a bet for the next available draw.
  • You can only bet and receive Prizes in line with these Rules.
  • There is no general right for a person to bet. O8 LOTTO can refuse to allow bets to anyone, and/or limit the number of bets You can place, without giving a reason.
  • Subject to Rule 2.8, the following people cannot bet (and O8 LOTTO will not be liable to pay a Prize to them):
    1. anyone under the age of 18, whether that person is betting for themselves or anyone else;
    2. directors and employees of O8 LOTTO or O8EA;
    3. specified employees of any of O8 LOTTO’s or O8EA’s key contractors or sub-contractors;
    4. personal partners and persons who are, to some extent, maintained by anyone mentioned in Rules 2.9 (b) and 2.9 (c) or in either case if living in the same household as that person;
    5. any person who has an Account which has a status that prohibits them from betting or receiving a Prize (including without limitation a person whose Account has been suspended or terminated);
    6. anyone else O8 LOTTO may decide and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time.
  • If a Prize is paid to anyone listed in Rule 2.9, that person will be required to repay the Prize immediately.
  • With the BCLB’s written consent, O8 LOTTO or O8EA employees will be bet but only for the purpose of testing Accounts and purchases using Mobile Money Accounts. The BCLB may impose conditions on any consent granted including, for example, that O8 LOTTO employees and O8 LOTTO will not be entitled to benefit from any Prize won by any such bets.
    1. Your Responsibilities
    • You are responsible for keeping safe and confidential any information required to claim a Prize for a particular Bet (including, for example, the relevant Ticket Number and Your Identification Information). You acknowledge that if You are not able to provide sufficient Identification Information when claiming a Prize, You will not receive that Prize
    • You are also responsible for:
    1. checking that Your Ticket shows the correct Bet, Games and Draw dates; and
    2. claiming (where applicable) and checking You receive the full amount of any Prize You are entitled to.
    3. If there are any taxes applicable to the Prizes, O8 LOTTO will deduct the same at the prevailing rate and remit to the Tax collection Agency. These taxes will be deducted automatically from the prize. The current rate of Winnings Tax is 20% and this shall be calculated as the WINNINGS * 20%. Should any difference arise between the amount collected and the amount owed by the Player to KRA due to subsequent official interpretations of the relevant provisions of the Finance Act, the Betting Lotteries and Gaming Act (Cap 131), or any related statutory instrument, regulation, or official guideline, O8 LOTTO may refund any surplus amounts to player accounts.

    1. Prize Terms and Rules
    • If there is a bet that matches the drawn numbers and that bet was made at the minimum level (Currently KSH10), the following table outlines the pay-out for that winning Bet

    Stake

    Matches

    Payout

    Shared

    KSH10

    3 Matches

    KSH3,000

    No

    KSH10

    2 Matches

    KSH100

    No

    • If there is a bet that matches the drawn numbers and that bet was made at the maximum level (Currently KSH1,000), the following table outlines the pay-out for that winning Bet

    Stake

    Matches

    Payout

    Shared

    KSH1,000

    3 Matches

    KSH300,000

    No

    KSH1,000

    2 Matches

    KSH10,000

    No

    1. Claiming a Prize
    • You can only claim a Prize if You are the holder of an Account with a Winning Bet.
    • Interactive Bet Slips cannot be used as evidence of a Bet or of the numbers selected for a Game, or used otherwise to claim a Prize, nor can a purchase confirmation made available to You (or sent to You) by O8 LOTTO be used under any circumstances as evidence that You are entitled to a Prize.
    • Unless You follow the procedure set out in Rule 5.5, Prizes must be claimed before the end of the 30th day after the relevant Draw (the “Claim Period”) using one of the procedures set out in Rule 5.4. Your entitlement to a Prize will be lost and the Prize will not be paid if that Prize is not claimed within the Claim Period, unless You follow the procedure set out in Rule 5.5.
    • If You are claiming a Prize within the Claim Period, you must make your claim using one of the following procedures:
    1. through Your Account by confirming payment should be made to You: You must do this before 11.00pm on the last day of the Claim Period;
    2. by phoning the Customer Care Team: You must phone during the Customer Care Team’s normal opening hours which, at the time of writing these Rules, are 8.00am to 8.00pm Monday to Saturday and 9.00am to 5.00pm Sundays – reduced opening hours may apply over the Christmas and New Year Period. See the Site for current opening hours;
    3. in person from O8 LOTTO: O8 LOTTO must receive sufficient information to prove You are the holder of the Account that has the Winning Bet, together with a completed Prize Claim Form or any other form O8 LOTTO requires You to complete (where required), at O8 LOTTO’s Office during O8 LOTTO’s normal business hours* within the Claim Period.

    *O8 LOTTO’s Kenya normal business hours are 9am to 5.30pm Monday to Thursday and 9am to 5pm on Fridays (excluding Bank Holidays)

    Reduced hours may apply over the Christmas and New Year period.

    • A Prize can be claimed in person within seven days after the end of the Claim Period if, before the end of the Claim Period, You contact O8 LOTTO and notify it that You intend to claim a Prize in this way (and give Your name, address and all details of the Bet that O8 LOTTO reasonably requires) and if You then present the proof of identity and any relevant completed Prize Claim Form in person at O8 LOTTO’s Office during normal business hours (see Rule 5.4) within the seven day period. You can contact O8 LOTTO by:
    1. phoning the Customer Care Team during its normal opening hours from time to time. See the Site for Customer Care Team’s current opening hours; or
    2. emailing [email protected]. O8 LOTTO must receive the email before the end of the Claim Period.
    3. If You fail to claim within the additional seven-day period, Your entitlement to the Prize will be lost and the Prize will not be PAID .
  • You can only claim for the highest Prize Category Your Bet has won in. You cannot claim a Prize for a lower Prize Tier, or any otherwise unclaimed Prize in that particular Draw or Prize pool.
    1. Validation Requirements
    • Before a Prize can be paid on a Bet, it must be successfully validated in line with O8 LOTTO’s reasonable validation procedures adopted from time to time. O8 LOTTO’s decision about whether the Bet is valid will be final and binding.
    • Without limiting the effect of Rule 6.1, O8 LOTTO will declare an Bet invalid (and will not, therefore, pay any Prize related to that Bet) if:
    1. the Bet is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Game above the chances enjoyed by other Players of that Game, or to increase that Prize; or
    2. the Bet is counterfeit, all or part of the Bet has been forged, or the Bet fails to pass O8 LOTTO’s validation and security checks; or
    3. the Prize claim is not received within the relevant claim period set out in Rules 5.3 and 5.5;
    4. the Ticket Number for the Bet is not on O8 LOTTO’s official list of Winning Entries, or the relevant Prize for the Winning Bet with that Ticket Number has been paid previously; or
    5. the details associated with the Ticket Number of a Bet do not match O8 LOTTO’s official records of that Ticket Number; or
    6. O8 LOTTO reasonably believes that the Bet was bought by or on behalf of a person falling in one of the categories in Rule 2.8.
  • Without limiting the effect of Rule 6.1, O8 LOTTO may declare a Bet invalid (and will not be obliged to pay any Prize) if:
    1. O8 LOTTO reasonably believes that the person claiming the Prize is not the holder of the relevant Account or that person’s duly authorised representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or
    2. the Bet has not been issued or sold by O8 LOTTO; or
    3. the Ticket Number (or any other unique feature of the Bet) does not match the records on O8 LOTTO’s Computer System for the Game that the Bet relates to;
    1. Payment of Prizes
    • The Information below sets out how Interactive Prizes of different amounts should be claimed and will be paid.
    1. Prizes ranging in value from ‘Ksh100 to Ksh70,000’ - Prizes and other winnings from Games in this category will automatically be deposited into Your Mobile Money Account.
    2. Prizes of values of ‘Ksh70,000 to Ksh1,000,000’ - Prizes and other winnings in the amount of Ksh70,000 to Ksh1,000,000 from games that are purchased or played on the Mobile Website must be claimed in person at O8 LOTTO's Office by the Player to whom the Ticket was issued. Further information can be obtained by contacting O8 LOTTO's Customer Service Centre at +254 703 065 150. You acknowledge and agree that You will be required to comply with all O8 LOTTO prize claim requirements including to confirm Your identity and entitlement to the prize to O8 LOTTO 's satisfaction, at its sole and absolute discretion. You will be required to provide a form of valid government-issued photo identification or such other information as O8 LOTTO may require to confirm Your eligibility for a prize.
    3. Prizes of values of ‘Ksh1,000,000 and more’ - Prizes and other winnings in the amount of Ksh1,000,000 from games that are purchased or played on the Mobile Website must be claimed in person at O8 LOTTO's Office by the Player to whom the Ticket was issued. Further information can be obtained by contacting O8 LOTTO's Customer Service Centre at +254 703 065 150. You acknowledge and agree that You will be required to comply with all O8 LOTTO prize claim requirements including to confirm Your identity and entitlement to the prize to O8 LOTTO 's satisfaction, at its sole and absolute discretion. You will be required to provide a form of valid government-issued photo identification or such other information as O8 LOTTO may require to confirm Your eligibility for a prize. You further acknowledge that the prize amount may take up to 28 days to be presented to You.
    • O8 LOTTO reserves the right to:
    1. pay Prizes by cheque, bank transfer or direct credit or Mobile Money. If payment is made for Prizes of Ksh70,000 or less, this will be deposited (at Your own cost) to the Mobile Money Account registered to Your Account (or any other account agreed between O8 LOTTO and You);
    2. ask You to attend O8EA’s Office to claim Your Prize;
    3. withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that an Bet is valid and that the claim has been made in good faith;
    4. withhold a Prize (or recover or seek to recover a Prize already paid) until it has carried out all appropriate checks and enquiries if in its discretion it believes, on reasonable grounds, that You (as the person claiming a Prize) are not lawfully entitled to receipt of a Prize or that a Prize has been paid to You in circumstances where O8 LOTTO decides in line with Rule 11.1 that the Bet is invalid or defective, or where there is any other reason for O8 LOTTO (acting reasonably) to question entitlement to the Prize. Any checks and enquiries will be carried out promptly by O8 LOTTO. You shall repay immediately on demand any Prize O8 LOTTO seeks to recover;
    5. recover a Prize incorrectly paid into Your Account;
    6. request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim);
    7. refuse to pay a Prize If You are unable to or fail to produce sufficient Identification Information when claiming a Prize;
    8. photograph anyone claiming a Prize for O8 LOTTO’s records;
    9. request a court to decide to whom a Prize should be paid and/or make payment into court.
    10. refuse to pay a prize if You refuse to sign all the documentation required by the Insurance Underwriters
  • The right to a Prize is not transferable.
  • O8 LOTTO will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant Account.
  • No interest will be payable on any Prize, including without limitation whilst any checks or enquiries are carried out in relation to a Winning Bet, whilst a dispute about the Bet or Prize claim is being resolved, or for the period a Prize remains unclaimed.
  • Any charges levied by the Mobile Operators payment gateways (MPesa, Airtel Money, YuCash and Orange Money) will be deducted from Your account.
  • Any applicable taxes levied by the Kenyan Revenue Authority will be deducted from Your account.
  • a) Any account will be classified as 'dormant' if there has been no activity on the account for a period of 3 months. Account activity includes making a deposit or withdrawal, or the placement of a bet; and does not include logging into your account.
    b) Once a period of 3 months has passed without activity, all funds in the inactive player's account will be subject to the provisions of clause 7.8(3) below
    c) To the extent permitted by law, the Company reserves the right to deduct a dormant account maintenance and administration fee of Ksh1000 (or equivalent) per month from an inactive or dormant account until such account is no longer in credit or has become active.
    1. Draws and Winning Numbers
    • O8 LOTTO will decide the time, frequency, date and method of the Draws for each Game.
    • Each Draw will select Winning Numbers at random with the use of the Random Number Generator approved by the BCLB.
    • If a Draw is interrupted because of equipment failure or for any other reason, the Draw will be completed in line with the applicable Draw Procedures for that Game. If a Draw can’t take place on the date or at the time fixed, it will take place as soon as reasonably possible after that date.
    • If any Game draw is declared invalid, another Draw will take place in line with the applicable Draw Procedures to determine the Winning Numbers.
    • O8 LOTTO will only pay a Prize based on the official results of the relevant Draw recorded in line with Rule 8.4 and electronically recorded in O8 LOTTO’s Computer System. O8 LOTTO will not pay a Prize based on results recorded anywhere else, including for example in newspapers, winning number telephone lines, or on the Site.
    • O8 LOTTO won't be required to make any payment against any incorrectly announced number(s) at the Draw.
    1. Information about Winners
    • When You claim or are paid a prize, You will automatically be deemed to grant to O8 LOTTO an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Your full name (as well as Your nick name), hometown, photograph and video materials without any claim for broadcasting, printing or other rights for a period of up to Thirty Six months from the date of prize award. You also give O8 LOTTO the right to publish for a period of up to thirty six months from the date of the prize award any additional information that You voluntarily provide. You shall have no claim against O8 LOTTO for invasion of privacy or any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials or information voluntarily provided by You.
    • If You win a Prize, You understand and accept that O8 LOTTO may, if required by law, provide a third party with details of any Prize claimed by You or on Your behalf, or paid to You.
    • By participating in the Game, You expressly consent to the collection, use and disclosure by O8, its employees, agents and/or service providers, of the Participant’s Personal Information, for the purposes of conducting and administering the Game.
    • You accept that O8EA has the right to send you promotional messages You unless You explicitly opt out.
    1. Game Closures etc.
    • O8 LOTTO can, following consultation with the BCLB, announce the closing date for an individual Game at any time. No Entries for that Game will be sold after the closing date.
    • O8 LOTTO can also (at its absolute discretion) suspend or withdraw any Game following consultation with the BCLB.
    1. Limitation of Liability
    • Where instructed by the BCLB, O8 LOTTO will, or may (in its discretion provided it is acting reasonably), declare that a Bet is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and O8 LOTTO will either:
    1. give You an opportunity to have another Bet of equivalent price; or
    2. refund You the amount they paid for the defective Bet.

    O8 LOTTO will decide which of (a) or (b) above shall apply.

    You do not have the right to cancel a bet. Subject to Rule 11.1 (b) and Rule 12.1, no refunds will be given in any circumstances. No interest will be payable in respect of any refunds made.

    • If O8 LOTTO is fully satisfied after proper and careful enquiries that a cancellation of an Bet was wholly and directly the result of O8 LOTTO’s fraud, negligence or error, and that Bet would, but for that cancellation, have been a Winning Bet, then O8 LOTTO will not refund the cost of the Bet and O8 LOTTO’s only liability will be to pay an amount equal to the Prize that You would have been entitled to if the cancellation did not take place.
    • O8 LOTTO’s only obligation is to pay the Prizes won in any Game to the rightful owners of Winning Entries, or provide a refund in the circumstances set out in these Rules. Without limiting the effect of Rules 11.1 and 11.5, O8 LOTTO will not be liable in any circumstances for any loss of whatever nature other than, subject to Rule 11.4, the non-payment of a Prize or the non-payment of a refund You are entitled to under these Rules. In particular, but without limitation, O8 LOTTO will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by You (or any holder or owner of a Bet, any person claiming a Prize during the Claim Period or any other person) that arises out of the withdrawal of any Game or from the participation or non-participation of You or any person in any Game. This includes the loss, for whatever reason, of the chance to participate in that Game.
    • O8 LOTTO will not be liable to any person for:
    1. events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service);
    2. the failure or destruction of, or damage to, all or part of the computer systems or records of O8 LOTTO or any third party (including, without limitation, the Site and/or O8 LOTTO’s Computer System);
    3. any mistakes caused by all or part of the computer systems or records of O8 LOTTO or any third party (including, without limitation, the Site and/or O8 LOTTO’s Computer System);
    4. delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;
    5. any other action or event which prevents or hinders the issue of a valid Bet (including without limitation the failure of the Site to display correctly on any device used to view it);
    6. the refusal to allow any person to bet or to allow any person to play a Game Played Online or via SMS/ Mobile Money;
    7. any losses caused by You, including the misuse or unauthorised use of passwords, money lost by playing the Games Played Online or via SMS, and the failure to keep O8 LOTTO informed of changes to Your contact details;
    8. 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.
  • Nothing in these Rules excludes or limits (a) any person’s liability (i) for fraud; or (ii) for death or personal injury caused by breach of any duty that person may have to take reasonable care or exercise reasonable skill; or (b) any other liability which cannot lawfully be excluded or limited.
  • You acknowledge and agree that You do not rely on, and shall have no remedy in respect of, any statement, representation or warranty (whether negligently or innocently made) or understanding of any person whether or not such person is a party to these Rules.
    1. Disputes and O8 LOTTO’s Decisions
    • O8 LOTTO’s decision about whether or not a Bet is a Winning Bet, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding provided that it is a reasonable decision (and subject to Rule 12.3). Without limiting the effect of the previous sentence and Rule 11.1, following any such decision made by O8 LOTTO, O8 LOTTO may (at its discretion), reimburse the cost of the Bet or replace the disputed Bet with a Bet for any current Game of the same price.
    • The remedy in Rule 12.1 will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge O8 LOTTO from any liability in respect of such a dispute (subject to Rule 12.3). O8 LOTTO will not be liable to pay any interest in respect of any reimbursement made under this Rule 12.
    • O8 LOTTO may withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved.
    1. General
    • Any person who bets or submits an Betting slip for validation or who claims a Prize in whatever capacity, agrees to be bound by the provisions of any applicable legislation, these Rules (all as amended from time to time) and any other rules or procedures, statements or explanations O8 LOTTO may issue in respect of that Game Played Online and via SMS/ Mobile Money.
    • O8 LOTTO may change these Rules, the relevant Game Procedures and any Game Specific Rules applicable to the Games Played Online and via SMS/ Mobile Money at any time. These changes will be effective immediately from the date of their publication on the Site (or any earlier time O8 LOTTO states), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to Bets played after the date on which the changes become effective, and/or Entries bought before that date if reasonable in the circumstances. Notification will be by email, Account notification, post or any other form of communication reasonably decided by O8 LOTTO. You agree that You will be bound by the changes when You next play a Game Played Online, a Game Played via SMS or Mobile Money, access Your Account or claim a Prize after the changes have become effective, or (where relevant) when You expressly accept the changes, whichever takes place first.
    • If any provision (or part of a provision) in any of the documents mentioned in Rule 13.3 is decided by a court of the Republic of Kenya to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
    • You may not assign or otherwise transfer (in whole or in part) Your rights and/or obligations under these Rules. Any breach of this Rule may result in the use of Your Account, the provision of the Games Played Online or via SMS/ Mobile Money and/or access to the Site being terminated immediately by O8 LOTTO. O8 LOTTO may assign or otherwise transfer its rights and/or obligations under these Rules in whole or in part to any third party at its sole discretion.
    • You agree that when You contact the Customer Care Team, You will supply any Games-Related Information required by O8 LOTTO.
    1. Law

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

    1. Definitions

    Account: An account maintained by a Player on O8 LOTTO’s Computer System.

    BET: The entry mechanism into the game.

    O8 LOTTO: Oxygen8 Lotto Limited, a company incorporated in Kenya.

    O8 EA: Oxygen8 East Africa Limited, a company incorporated in Kenya.

    O8 LOTTO’s Computer System: The computer systems used by or on behalf of O8 LOTTO from time to time to operate TATUA3 games, administer Accounts, facilitate Entries and pay Prizes.

    O8EA’s Office: 9th Floor, Westcom Building Block C, Mahiga Mairu Rd, off Waiyaki Way, Westlands, Nairobi, Kenya

    BCLB: Betting and Licensing Control Board of Kenya

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

    Customer Care Team: O8 LOTTO’s helpline for Players, contact details of which are set out at the end of these Rules. See the Site for the Customer Care Team’s current opening hours.

    Draw: The process which results in the random selection by O8 LOTTO of a set of Winning Numbers for a Game.

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

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

    Draw Procedures: The draw procedures that apply to a Draw, as determined by O8 LOTTO from time to time.

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

    Game Played via a Mobile Device: A Game, entry in to which can be initiated via SMS or Mobile Money or any other method

    Game Played Online: A Game, entry into which can be bought via the Site, Game.

    Procedures: A written document issued by O8 LOTTO for a particular Game Played Online in addition to these Rules that includes the Game name, the bet, how to play, how a Prize is won, the dates and/or frequency of Draws, the Game Prize Structure, how Prize winners are determined, and any other relevant information for the Game Played Online.

    Game Specific Rules: Any rules or conditions issued by O8 LOTTO in addition to or in substitution for these Rules, which apply only to a particular Game Played Online.

    Games-Related Information: Your Transaction History, Game History and any information O8 LOTTO requires from and/or about You before providing You with access to the Games Played Online (which may include, for example, Your name, user name, password, phone number(s), Mobile Money details, debit card details, security information, address, Identification Information, email address, date of birth and gender).

    Identification Information: Information used to establish Your identity, including information required by O8 LOTTO to confirm the authenticity of that information. Identification Information could include any element of the Games-Related Information and any information or documents You provide when claiming a Prize. Accepted forms of identification are: Kenyan National ID, Kenyan Passport ID, Kenyan Military ID, Kenyan Diplomatic ID or Non Kenyan Passport with associated Kenyan Alien ID.

    Interactive Betting Slip: The play slip available on the Site on which You can choose Your Selection for a Bet.

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

    Lucky Pick: A selection of numbers which are randomly selected by O8 LOTTO’s Computer System on Your behalf for the purposes of making an Bet.

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

    Pick3: The alternative name for the Tatua3 game

    Player: Has the same meaning as You.

    Privacy Policy: O8 LOTTO’s policy relating to the use and storage of Your personal information (including, but not limited to Games-Related Information), as amended from time to time.

    Prize: An Interactive Prize. Reference in these Rules to payment of Prizes includes the awarding of non-cash Prizes.

    Prize Claim Form: The form issued by O8 LOTTO which is required to be completed and submitted to be eligible to claim certain Prizes in line with these Rules.

    Prize Structure: The value of Prizes and odds of winning in an individual Game as determined by O8 LOTTO and set out in the Game Procedures for the relevant Game.

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

    Site: The website tatua3.co.ke

    Ticket: The textual or graphical representation of Your Bet.

    Ticket Number: The alphanumeric number included as part of a Ticket which is unique to and which identifies a particular Bet and which is recorded in O8 LOTTO’s Computer System and, for Entries bought using Your Account, in Your Transaction History.

    Transaction History: The history of payments into and out of Your Account, shown in the ‘My Account’ section of the Site.

    Validation Requirements: O8 LOTTO’s Entry validation requirements referred to in Rule 6 or as otherwise determined by O8 LOTTO from time to time.

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

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

    You: The holder of an Account who is eligible to buy Entries using that Account, and whose Account has not been terminated, cancelled, suspended or closed.