Terms & Conditions
1.1. These Terms and Conditions (“T&C”) below set out the rules for all lottery draws (“the Lottery”) which are promoted and managed by Bradley Limited (“BL”) trading as Pambazuka National Lottery (“PNL”) listed on its website www.pnl.co.ke (the “Website”).
1.2. The correspondence address is Bradley Limited, 8th Floor, The Chancery, P.O. Box 35903-00200 Nairobi.
1.3. BL is licensed and regulated by the Betting Control and Licensing Board (BCLB) established under the Betting Lotteries and Gaming Act Cap 141 Laws of Kenya (“The Act”).
1.4. All entries into and participation in the Lottery is strictly governed by these T&C. Each Player is required to accept these Terms and Conditions prior to participating in the lottery and is bound by these T&C throughout the existence of the relationship. By entering the Lottery, a Player agrees to be bound by the T&C in force on the day of purchase. BL reserves the right to refuse any entry to the Lottery or to withhold any Prize if it has reasonable grounds to believe that these T&C have been breached.
1.5. BL reserves the right to amend these T&C from time to time. The prevailing T&C will be posted on the Website along with the Game Rules.
1.6. T&C booklets and copies of the shortened form of the T&C and Game Rules (the Player’s Guide) can be obtained from any authorised and participating Agents and Retailers of BL.
1.7. If changes are made to the T&Cs, BL may use its database of Players that have registered online to notify all those Players for whom it has email details. BL will also distribute a revised version of its T&C to all Participating Retailers.
2.1. Any words within these T&C shall have the following meanings:
2.1.1. “Combo Ticket” means a lottery ticket containing a combination of many lines valid for the draw for the date endorsed thereon but does not include a Simple Ticket.
2.1.2. “Claim Form” means a form provided by BL by mail or email to Players claiming a Prize;
2.1.3. “Excluded Person” means all persons who do not meet the eligibility criteria set out in clause 3.1 and such other persons (or category of persons) as the BCLB may specify from time to time or as The Lottery and the BCLB may agree from time to time. Any person who enters the Lottery but who does not comply with these T&C shall be considered an Excluded Person;
2.1.4. “Fixed Prize” means a prize category below the Jackpot Prize where the winners will receive a set amount not shared with other players subject to the same limitations in exceptional circumstances found at sections 5.16 of these T&C;
2.1.5. “Game Rules” means the rules which are applicable to playing the lottery and which are published on BL’s website and on BL’s Player’s guide;
2.1.6. “Good Causes” means the promotion of the welfare of disadvantaged communities and groups across Kenya .;
2.1.7. “Kshs” means Kenya Shillings;
2.1.8. “Lottery Draw” or “Draw” means the weekly lottery draws conducted by BL every Wednesday & Sunday. Sales will be closed for these draws at 19.00 on each draw day. should the Draw occur on a Public Holiday or any other day deemed unsuitable by BL for holding a Draw, BL reserves the right, at its sole discretion, to hold the Draw on an alternative date;
2.1.9. “Lottery Ticket” or “Ticket” means the Ticket which is purchased by a Player in anticipation of a Lottery Draw and which carries the numbers selected by the Player for entry into the Lottery and which contains the date of the draw for which it is valid;
2.1.10. “Picked Numbers” are selected numbers from the Regular Numbers which are from 1 to 49;
2.1.11. “Power Balls” means the additional numbers 1 to 10 in addition to the 49 Regular Numbers;
2.1.12. “Picked Power Balls” are selected numbers from 1 to 10 Power Balls;
2.1.13. “Power Ball Jackpot” or “Power Ball Jackpot Prize” means the top prize of Kshs 100,000,000/= by participants/players that make the correct six (6) number prediction in the Picked Numbers Ticket Lottery Draw together with the correct additional power ball prediction;
2.1.14. “Participating Retailer or Agent” means a retailer or store that has been appointed in writing and authorized to sell Lottery Tickets on behalf of BL;
2.1.15. “Play” means any individual selection of numbers entered into the Lottery;
2.1.16. “Player” means an eligible person who purchases a Lottery Ticket in accordance with these T&C;
2.1.17. “Player’s Guide” means the Game Rules and Terms and Conditions printed by BL for use at retail locations;
2.1.18. “Prize” means the prize monies that may be won in the course of the Lottery draw or in accordance with these T&C and any other rules of the Lottery;
2.1.19. “Regular Numbers” are numbers from 1 to 49;
2.1.20. “Regular Jackpot” or “Regular Jackpot Prize” means the top prize of Kshs 10,000,000/= in the Picked Number’s Ticket Lottery Draw;
2.1.21. “Simple Ticket” means a lottery ticket containing a minimum of one (1) line and a maximum of four (4) Lines valid for the draw for the date endorsed thereon;
2.1.22. “Ticket” means a paid for entry into the Lottery;
2.1.23. “Winning Numbers” means the 3 or 4 or 5 or 6 numbers drawn in the Regular Numbers Game before any Power Ball is drawn.
3. CONDITIONS OF ENTRY
3.1. To enter the Lottery and to be eligible to win a Prize, Players must adhere to the following:
3.1.1. Must be 18 years of age or over; and
3.1.2. Must comply with these T&C and any other rules of the Lottery notified by BL.
3.2. Any corporate body incorporated and with a registered office address in Kenya may purchase and claim prizes in the Lottery.
3.3. Excluded Persons are ineligible to participate in the Lottery and shall not be entitled to receive any Prizes. Players will have the option to self-exclude for a period of 6 months to 5 years. Once excluded, Players will not be able to delete their account and a record of their exclusion will be kept by BL.
3.4. All entry instructions communicated by BL shall form part of the Game Rules of the Lottery which are available on the Website.
3.5. By personally participating in the Lottery and accepting the Prize from BL, Players warrant that they:
3.5.1. Are not a director or an employee of BL, its affiliates, or a key IT contractor or supplier claiming a prize on their own behalf. A director or an employee of BL may however claim a prize on behalf of BL;
3.5.2. Are not a spouse or dependent of any person described in 3.5.1;
3.5.3. Are eligible to participate in the Lottery and win a Prize under clause 3.1;
3.5.4. Fully understand that any misrepresentation of fact as to the Player’s eligibility, whether intentional or unintentional, will make the Player an Excluded Person and ineligible to win a Prize;
3.5.5. BL will have sole and absolute discretion as to whether to accept any entry to the Lottery and pay out any Prizes. The decision of BL in the matter will be final and binding;
3.5.6. BL will rely on its own technical logs and records when determining whether a Player is eligible to receive a Prize;
3.5.7. Each Player agrees to be bound by the Game Rules, these T&C, any applicable provisions of The Betting Control & Licensing Act Cap 131 and any relevant regulations made thereunder from time to time. BL will not be liable for any loss or damage (including the loss of opportunity to enter The Lottery and/or right to receive a Prize) suffered by a Player if such Player has not complied with the Game Rules and/or these T&C. The Game Rules and T&C may be amended by BL from time to time and published on the BL Website.
4. HOW TO ENTER THE LOTTERY
4.1. Players enter the Lottery Draw either by purchasing a paper Ticket from a retailer or agent authorized by BL, by mobile money wallet, e-money, or by using the Website to purchase an online Ticket. Tickets for the draws cost Kshs 80 per line per Draw.
4.2. Participating Retailers and Agents may require proof of age or other identification to be shown before the Ticket is sold. BL reserves the right to introduce new channels.
4.3. For every Simple Ticket Game, the Player must choose six (6) different numbers, each of which must be between 1 and 49 (inclusive). This will cost Eighty Kenya Shillings (Kshs 80). In addition, a player shall choose one (1) number between 1 and 10 (inclusive) for the Power Ball.
4.4. For the Combo Ticket Game, the Player must choose a minimum of 7 different numbers between 1 and 49 (inclusive). Each Combination of six (6) different numbers shall cost Eighty Kenya Shillings (Kshs 80). In addition, a player shall choose at least one (1) number between 1 and 10 inclusive for the Power Ball.
4.5. A Ticket will be valid only for the Draw(s) to be held on the date(s) shown on the face of the Ticket or Draws rescheduled as provided for under these T&C.
4.6. It is the Player’s responsibility to check at the time of purchase that the numbers shown on the Ticket are those requested and that the date of the Draw for which the ticket is valid is endorsed.
4.7. A ticket purchased through SMS can be cancelled within 5 minutes of purchase. To cancel a ticket, send a sms with text “cancel#ticket code to 79649 from your registered number.
4.8. The Player is solely responsible for ensuring that the Ticket remains safe and in a good and legible condition. The Ticket is the sole evidence of entry into the Draw and must be in the possession of the Player to enable them to claim a Prize.
4.9. Notwithstanding any other provisions in these T&C, shortened form of the T&C and Game Rules (the Player’s Guide) BL accepts no responsibility for lost, stolen, damaged or defaced Tickets.
5. THE LOTTERY DRAW AND PRIZES
5.1. On each draw day there shall be 2 (two) separate draws for the Regular number category and Power Ball draw. A Ticket shall be eligible to play in each of the two draws. Any 6-number winner in either the Regular number category draw plus 1 Power Ball draw winner shall win the Regular jackpot and the Power Ball jackpot respectively
5.2. Where there is more than 1 winner of either “Regular Jackpot Prize” or “Power Ball Jackpot Prize”, the jackpot prize money will be shared equally among the winners.
5.3. The Lottery Draws will be broadcast, as advertised, on Wednesdays and Sundays every week. BL reserves the right to change the broadcast arrangements for the Draws from time to time and will notify Players of any such change either directly, if they are online Players, or through notification posted on the ‘News’ page of the Website. BL also reserves the right to hold a Draw on an alternative date should the Draw occur on a Public Holiday.
5.4. The results of any Lottery will be published on the Website or in any other source but shall be for information purposes only and a Prize shall only be awarded to a winning Ticket which has the number(s) recorded at the Draw itself, by BL.
5.5. In the Lottery Draw, six numbers will be drawn at random by an approved ball machine from the range between 1 and 49 inclusive (the “Winning Numbers”). An additional number, the Power Ball, will be drawn after all six Winning Numbers have been drawn.
5.6. Only one Prize may be claimed in respect of each entry made to the Lottery Draw.
5.7. Subject to this clause 5, Prizes paid to the holders of Tickets with Winning Numbers in the Lottery Draw will be as follows:
5.7.1. 3 winning numbers – Kshs 400
5.7.2. 4 and 5 winning numbers – the prize money will dependent on total ticket sales for a particular draw but shall not be less than Kshs 400/=.
5.7.3. Players who win cash Prize of up to Kshs 50,000/= with a paper Ticket may collect their Prize from any Participating Retailer which sells Tickets for the Lottery Draw subject to availability of the funds with the agent. Players who win a Prize of more than Kshs 50,000/= with a paper Ticket must contact BL on 0709469000 or by email at email@example.com to claim their Prize.
5.7.4. BL will only pay out cash Prizes more than Kshs 50,000 by cheque or electronic transfer to a Kenyan bank account. BL reserves the right to pay cash Prizes in excess of Kshs 50,000 by means of any other authorized payment method.
5.7.5. Players are responsible for ensuring that the correct Prize is paid by the Retailer, where applicable at the time the Ticket is validated or any other day deemed unsuitable for holding a Draw by BL.
5.7.6. No Prize will be paid on a Ticket that has been stolen, forged, altered, damaged or defaced in any way.
5.7.7. No Prize will be paid on a Ticket that fails BL’s validation process.
5.7.8. By claiming and accepting a Prize, Players agree to publicity which will be carried out at the sole discretion of BL.
5.7.9. The Prize Pool for each weeks Lottery is calculated once the eligible numbers have been entered into the system. All prizes on the Lottery will be paid in full.
5.7.10. BL reserves the right to change the Prize sums paid to Players without further notice at its absolute discretion where it is required to do so by law, regulation or the instruction of the Betting Control & Licensing Board or any other authority.
5.7.11. Winning Players may be required to provide such proof of their identity, age and compliance with these T&C as BL shall require before the Prize payment is made.
5.7.12. Where a Prize is paid to an Excluded Person or is otherwise paid in error, the Prize must be returned immediately to BL.
5.7.13. BL will use its reasonable endeavors to provide the Prize payment to the Player within fourteen days of receiving the Player’s identification documents but will not be liable for late delivery. Prizes for the Lottery Game must be claimed no later than 24 hours on the 90th day following the day of the Draw. Any Prize not claimed within this period will be forfeited.
5.7.14. Each winning Player is responsible for paying any and all taxes on any Prize won.
5.7.15. BL may make public information about Prize winners without first obtaining their written consent unless such publication is prohibited by law or regulations.
6. SELF EXCLUSION
6.1. Any Player may opt at any time to be excluded from purchasing Tickets for future Lottery Draws by visiting the Website or a Participating Retailer. For online Players at the start of the period of self-exclusion (the “Exclusion Term”), all monies held by BL in the Player’s e-wallet will be returned to the Player and the online account will be suspended for the duration of the exclusion term.
6.2. Players may choose the length of the Exclusion Term, subject to a minimum period of six months. During the Exclusion Term, they will not be permitted to access their online account held with BL or to purchase any Tickets using that account.
6.3. BL will not contact the Player at the expiration of the Exclusion Term. The Player may reinstate the account held with BL by contacting our offices although a cooling-off period of one week will be imposed by BL before the account becomes active.
6.4. The Player may choose to enter another Exclusion Term at any time.
6.5. Players may choose to enter an opt-out scheme under which they will not receive marketing materials from BL. Where BL communicates with its Players by email, each message will include a brief description of the way that the recipient may notify BL that they wish communications to cease
6.6. BL will remove from its marketing lists the details of any Player who, upon receipt of unwanted marketing material, calls BL’s Contact Centre to request to be excluded from the mailing list. A Player may also use the unsubscribe link at the bottom of any marketing email to stop any further marketing communications.
6.7. Players should play responsibly. Information on how to play responsibly and how to access information about, and help in respect of, problem gaming can be found on the website or by sending a stamped addressed envelope to the address in clause 1.2 above.
7. LIMITATION OF THE LOTTERY’S LIABILITY & RESERVATION OF RIGHTS
7.1. Nothing in these T&C shall exclude or limit BL’s liability:
7.1.1. For death or personal injury resulting from BL’s negligence; or
7.1.2. For fraudulent misrepresentation; or
7.1.3. For liability that cannot be excluded or limited by law.
7.2. Subject always to clause 7.1, neither BL nor any of its agents, retailers , partners or affiliates participating in the Lottery from time to time shall be liable to a Player for any loss or damage suffered by a Player arising from:
7.2.1. Any failures or delays in any delivery methods (including postal services) used by BL or the Player from time to time.
7.2.2. Retailer error or incorrect or misuse of retailer terminal (including the loss of opportunity to enter The Lottery and/or right to receive a Prize).
7.2.3. Any event which is beyond BL’s or any of its agent’s, retailer’s, partner’s or affiliate’s reasonable control. And in addition;
7.2.4. The Lottery is provided on an “as is” and “as available” basis and no representations or endorsements of any kind are made; and
7.2.5. All warranties, conditions and guarantees relating to the Lottery made by or on behalf of BL, whether express or implied by law, in the course of dealing or otherwise, are excluded to the maximum extent permitted by law.
7.3. BL is not liable in contract, tort (including but not limited to negligence) or otherwise in connection with the Lottery for:
7.3.1. Loss of revenue, contract , profits, business or anticipated savings or loss of data;
7.3.2. Any special or indirect or consequential losses; or
7.3.3. Any loss of goodwill or reputation.
7.4. BL does not guarantee that use of the Website, telephone system, broadcast or live transmission will be uninterrupted, timely and/or error-free.
7.5. Subject to clause 7.1, BL’s liability to any Player shall be limited to the amount of any Prize which may have become due to that Player.
7.6. BL is not responsible for any websites which may be visited via hyperlinks provided on the Website. Visitors to and transactions made on such websites are conducted entirely at the site user’s own risk.
7.7. BL reserves the right to exclude any Player from the Lottery in the event that BL believes in its sole discretion that the Player may be using technology to gain an unfair advantage over other Players of the Lottery.
8. LIABILITY OF PLAYERS
8.1. layers agree to fully indemnify BL in respect of all liabilities, damages, claims, actions, expenses, demands or costs incurred by BL due to the Player’s misuse of the Website.
8.2. Nothing contained in these T &C shall affect the statutory rights of any Player. BL’s Complaints Procedure is available on request by writing to the address in 1.2, by emailing BL at firstname.lastname@example.org or by calling the Contact Centre on 0709469000. Calls to The Lottery Helpline will be charged in accordance with charges levied by telecommunication service providers.
9.1. In the event of a complaint to express any dissatisfaction with any aspect of BL, Players should email BL on email@example.com or call the Contact Centre on 0709469000. Calls to The Lottery Helpline will be charged in accordance with charges levied by telecommunication service providers.
10. DISPUTE RESOLUTION
10.1.1. If a complaint is not resolved to a Player’s satisfaction by the use of BL’s Complaints Procedure, the complaint/dispute shall be referred to Mediation by the Betting Control and Licensing Board and if mediation is not concluded within 30 days from date of reference, to the courts of the Republic of Kenya.
11. INTELLECTUAL PROPERTY
11.1.1. All intellectual property rights generated as a result of the operation of the Lottery shall be the property of BL and Players agree to take all steps (at BL’s cost) to vest in BL any intellectual property which the Player creates in the course of entering the Lottery.
12. DATA PROTECTION
12.1.1. All information provided by Players to BL for the purposes of the Lottery will be stored, managed and used in accordance with current Data Protection legislation and also with the BL’s Privacy Statement as posted on the Website. BL’s Privacy Statement forms part of these T&C.
13. GOVERNING LAW
13.1.1. These T&C are governed by and construed in accordance with Kenyan law and shall be subject to the exclusive jurisdiction of the Kenyan courts.