make a smile lottery is promoted and operated by St Helena Hospice (Gambling Commission licence number 4685) and, by entering the lottery, you agree and are bound by our Terms and Conditions as set out below.
make a smile lottery reserves the right to amend these Terms and Conditions from time to time. Players will be informed of any material changes before they take effect. Non-material changes may be made without such notification.
A copy of these Terms and Conditions is available on our website or alternatively, a hard copy can be obtained by making contact with the make a smile lottery office. Proceeds from make a smile lottery are distributed to the good cause in support of which an individual is playing, whilst St Helena Hospice also benefits from the administration of the lottery for each player. By two not-for-profit organisations working together in this way, more funds can be used to support good causes across Great Britain.
1. To enter the lottery, you must be a UK resident aged 16 (sixteen) or over.
2. There will be six guaranteed weekly winning cash prizes, ranging from £10 to £250.
3. All tickets are priced at £1. All payments must be received in cash or cleared funds before the ticket can be entered into the draw and is eligible to win a prize.
4. If you wish to pay via a Direct Debit, then we offer a £4.34 per month option, which ensures that you will never miss a lottery draw. Any outstanding credit on your account, should you cancel your membership, will either be used as plays in future draws until these funds run out, or alternatively these monies can be returned to you in the form of a refund. Although lottery funds are held in a separate account to other business accounts, please refer to point 26 as to what would happen to any funds held by St Helena Hospice in the event of insolvency.
5. If you pay by Direct Debit for 12 months, your account will hold an excess credit of £8. If you continue to pay by Direct Debit and your excess credit reaches £30 (usually after 3 years), we will contact you to ask you if you would like a refund, or to take out another number in the draw. Although lottery funds are held in a separate account to other business accounts, please refer to point 26 as to what would happen to any funds held by St Helena Hospice in the event of insolvency.
6. The weekly “make a smile lottery” draw takes place every week, normally on a Friday at the make a smile lottery office. You do not need to be present at the draw to win a prize.
7. All prize winners are notified by post within seven working days of the draw taking place and, where possible, all prizes will be automatically credited to the bank account from which your Direct Debit is taken. If you do not pay by Direct Debit, or we are unable to credit your bank account for any reason, your prize notification letter will include a sterling cheque made payable in your name as indicated on your application form. In the event of a winning cheque remaining un-cashed, the Promoter reserves the right to return unclaimed prizes to make a smile lottery after a period of six months and donate the value of the prize to the charity or not-for-profit organisation that the member chose to support on joining the lottery.
8. You are solely responsible for informing us of any changes in your contact and bank details. make a smile lottery will not be liable for any failure or inability to contact any player due to any errors, omissions or inaccuracies in the contact details.
9. When make a smile lottery receives a request to join our lottery we will send the prospective player an introduction letter advising of their membership number(s). This membership number will be generated randomly by our membership software system (Donorflex), during the application process.
10. We promise to comply with all Data Protection Act requirements and protect your personal data, as well as storing securely any banking information. It will be appreciated by players that we cannot accept liability for the loss of, delays in, or theft of, any communication sent by post, email or fax, or for any delays in the banking system. We promise to protect all personal data and not to misuse it. We will not share this information with any third party other than the good cause in support of which you are playing. In addition we will use this information for the purposes of operating the Lottery. We will only engage with third parties as required to protect your personal data.
11. Should one player represent a particular syndicate and apply to have (a) number(s) in his or her name, the lottery will distribute any prize monies to that player and it is incumbent upon that player to then distribute the winnings to the other syndicate members. Clubs or syndicates may apply to join directly in their own name, but it should be noted that, in the event of a prize being awarded, the prize payment will be payable in the name of this club or syndicate, and not in the name of any individual. Prizes will be automatically credited to the bank account from which the Direct Debit is taken, or mailed directly to the address of the winning player’s club or syndicate (as applicable), as recorded on its application.
12. The regular payment facility can be made by Direct Debit or by credit/debit card. Direct Debits may be set up over the phone, via our website, electronic tablet or written mandate. All information on payments is available in our leaflets, from our registered office or by visiting our website.
13. Where a player cancels their subscription when it is in credit, we will, where possible, offer the member a full refund entitlement at the time of cancellation. Any refund will be made by cheque (addressed to the player) and mailed out by us within 14 working days.
14. In addition to the weekly prize draw with guaranteed prizes, we run a rollover draw with a jackpot of £200 which is not guaranteed to be won every week. The rollover prize has a 5% chance of being won, and if not won, rolls over by £200 each week, up to a maximum of £10,000, at which point it must be won. Should this prize reach the £10,000 mark, then within our software system, make a smile lottery has the ability to set the probability of winning this prize to 100%. The rollover prize is treated as the second prize, which is awarded when the amount allocated to the rollover prize is £250 or lower. Once the rollover prize reaches an amount of £400 or greater then the first number that is randomly generated in a particular draw will be awarded this prize and the second prize will then become the regular £250 prize.
15. We reserve the right not to accept an application, or to cancel an existing subscription, at our absolute discretion. Any such rejection or cancellation may be reconsidered on submission of a written appeal to the Head of Lottery within 7 days. The decision of the Head of Lottery will be final.
16. It is the responsibility of the player to cancel any existing Direct Debit.
17. In the event that a player dies, we will refund any unused subscriptions to the deceased player’s estate, upon receiving proper notification and proof of death, save that, if no one wishes to continue the subscription and a refund is not required, the deceased player’s unique lottery number will cease to be valid and any unused portion of the subscription will be donated to the proceeds of the lottery that the player was playing in support of.
18. In the event that it is found that a ticket holder is either a non-UK resident or under 16 years of age, we will cancel the holder’s unique lottery number. We will endeavour to refund the lottery ticket payment and the ticketholder will no longer be eligible to participate in the lottery.
19. An instruction to be self-excluded, as defined in the Gambling Commission Licence Conditions and Codes of Practice 2005, as updated from time to time, (LCCP), from the Lottery or one-off prize draws, may be submitted in writing, faxed or telephoned through to the make a smile Lottery Office or completed via our website. Customers wishing to use this facility will not be able to rejoin the lottery for a minimum of 6 months from the date of exclusion and can self-exclude themselves from the make a smile lottery for a period of up to five years.
20. The maximum number of entries into the draw is five and this is on a request basis to deter the encouragement of problem gambling .
21. The requirements of the Gambling Commission’s LCCP mean that we have a statutory duty to verify that members are aged 16 years old or over. It is an offence for anyone under the age of 16 years to participate in a lottery. By submitting a request to join the Lottery, each member must state their age and confirm that they are aged 16 years or over. Each member also agrees to us carrying out random sample checks in any way we may deem appropriate. This may include, but is not limited to, references to credit and government agencies.
22. If for any reason it is established that an underage person or void entry has won a prize then the following procedure will be adhered to: If a situation arises that one of the 6 winners is actually under the age of 16 years, the Head of Lottery will address this issue and explain that it was an offence to participate in a lottery when under the age of 16 and that their prize is therefore void. The amount won by the individual who was participating in a lottery when under the age of 16 will then be treated as a donation to the good cause in which the underage supporter was playing in support of and all amounts paid by the player in respect of tickets for participation in the lottery will be returned to them.
23. St Helena Hospice is a member of the Hospice Lotteries Association and Lotteries Council, who, on behalf of their members, make a financial contribution towards “BeGambleAware”, a charitable organisation aiming to minimise gambling-related harm. More information about BeGambleAware can be found on the website of the Hospice Lotteries Association (www.hospicelotteries.org.uk) and on the website of BeGambleAware (www.begambleaware.org). We encourage all our members to participate in our Lottery responsibly. If members suspect they may have, or may be at risk of, problem gambling, they should seek support from organisations such as GambleAware and “GamCare” (www.gamcare.org.uk), a leading organisation that provides practical help to problem gamblers.
24. All complaints and disputes will be dealt with in accordance with our Complaints and Disputes Policy (a copy of which is available on our website). In the event that a complaint cannot be resolved, this will then be escalated to a dispute, when it will be referred to Alternative Dispute Resolution. As we are a member of the Lotteries Council, complaints will be referred to IBAS, who are a Gambling Commission- approved Alternative Disputes Resolution entity.
25. No employee of St Helena Hospice who works in the make a smile lottery office whose normal place of work is Units 9, The Courtyards, Phoenix Square, Wyncolls Road, Colchester, Essex, CO4 9PE may play the Lottery. All other paid staff, volunteers and trustees of St Helena Hospice, and other affiliated good causes, may play the Lottery.
26. The Head of Lottery will take all reasonable steps to ensure payments received into its bank account are considered as a stake in the draw. In the event of ambiguous credits into the bank account, the Head of Lottery will take reasonable steps to confirm with the sender, the sender’s intentions in relation to the credits of these monies, and the Head of Lottery will act as appropriate thereafter.
27. Although any future customer funds held by St Helena Hospice are kept in separate bank account from other business accounts within the organisation we must stress that in the event of the insolvency of St Helena Hospice, the promoter of the make a smile lottery, any future advance payments that a supporter has made are not protected and a supporter will not be able to access these funds.
28. Subscriptions to the Lottery cannot attract Gift Aid.
29. Players pay in advance for a number of chances in a series of draws. Once a payment for a number of weeks has been made, it will be the Head of Lottery’s decision as to whether a refund can be made on this subscription. A player may stop his or her participation in the draw at any time and no notice is required to the Head of Lottery. In the event of a player wishing to stop playing and having a sum of money held by the Head of Lottery as a stake for future draws, the Head of Lottery may, in his or her discretion, refuse a refund of this advance payment. Any refund, if the Head of Lottery exercises his or her discretion to provide one, may only be made for the value of the initial payment, less any chances used in the interim period and less administration costs incurred. Without limiting the discretion of the Head of Lottery, refunds can only be made in exceptional circumstances.
30. Card payments will be accepted either face-to-face, in the Lottery Office, or via the website or telephone. The player must be the cardholder, except where the player is a syndicate or a club, in which case the cardholder must be an authorised representative of that syndicate or club. The Head of Lottery will not take any further card payments without permission from the cardholder. The Head of Lottery will hold a record of any and all transactions.
31. In the event of a person being new to the Lottery, the Head of Lottery will confirm the prospective player’s opening subscription in writing (unless such transaction actually fails). In the event of the transaction failing, the Head of Lottery will inform the prospective player of this failure and will endeavour to include reasons for this failure, if such reasons are known to the Head of Lottery. The prospective player will be asked whether he or she still wishes to become a player of the Lottery, and if so, the prospective player would need to supply another opening payment.
32. In the event of a player renewing their existing subscription, it will be assumed that the transaction has succeeded (unless such transaction actually fails) and the Head of Lottery will not notify confirmation to the player. In the event of the transaction failing, the Head of Lottery will inform the player of this failure and the Head of Lottery will endeavour to include reasons for this failure, if such reasons are known to the Head of Lottery. The player will be asked whether they wish to play the Lottery, and if so, the player would need to supply another payment.
33. If the transaction is conducted via telephone the following will apply. The player will be informed during the call if the transaction has succeeded or failed. Further, if such person making the transaction is new to the Lottery, such prospective player will be sent confirmation of his or her participation in the Lottery. If this player is an existing player who is renewing its subscription, this player will not be sent any confirmation of the transaction.
34. We use Streamline (PO Box 600 Central House Otley Road Harrogate HG3 1XG). Streamline is a card payment-processing merchant..
35. make a smile lottery is wholly owned by St Helena Hospice. St Helena Hospice is a company limited by guarantee. Registered in England and Wales Number 01511841. Registered Charity Number 280919. Registered Office: Myland Hall, Barncroft Close, Highwoods, Colchester CO4 9JU. make a smile lottery Office: Unit 9, Phoenix Square, Wyncolls Road, Colchester, Essex, CO4 9PE.
36. The Promoter is St Helena Hospice trading as make a smile lottery.