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.
Terms and Conditions
- When make a smile lottery receives a request to join “make a smile 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.
- 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 members that we cannot accept liability for the loss of or 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 for the purposes of operating the Lottery, and then only with third parties required to protect your personal data as we do. By completing the application form, you consent to the data on it being held and used by make a smile lottery. Details of members who play the lottery on behalf of a particular charity will be passed on to the fundraising department of the respected charity who may use the details provided to contact the members about its fundraising opportunities. Please contact us in writing to let us know if you would prefer us not to do so. Unless otherwise indicated, we may occasionally send members information to keep them up to date with details of the work that members’ contributions help to fund.
- All subscriptions received at a minimum of £1 per week payable in advance will be entered into the weekly draw carried out normally each Friday. The first monthly direct debit payment will be uplifted by £1 per play, for example; if you subscribe to a single play your first monthly direct debit payment will be £5.34 and £4.34 thereafter this will ensure you are entered into every weekly draw throughout the year even if it is a 5 week month.
- Prize winners are notified by post within seven working days of the draw taking place, which will include the relevant prize cheque. Weekly winning numbers are published on our website and in all supporting charity partner locations. Prizes will be in the form of sterling cheques and made payable in the member’s name as indicated on its application. In the event of winning cheques 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 that the member chose to support on joining our lottery. It is the responsibility of the player to inform us of any changes in their contact details.. 4a. Should one member represent a particular syndicate and apply to have a number(s) in its name, the Lottery will address any prize cheque to that member and it is incumbent upon that member 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 in the event of a prize cheque being paid, the cheque will be payable in the name of this club or syndicate, and not in the name of any individual. Prize cheques are mailed directly to the address of the winning member’s club or syndicate (as applicable), as recorded on its application.
- The regular payment facility can be by direct debit or by credit/debit card. Direct debits may be set up over the phone, via our website or written mandate. All information is available in our leaflets, from our registered office or by visiting our website.
- Where a member cancels their membership 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 member) and mailed out by us within 14 working days.
- Any pence credit that remains on a members’ account will, after a period of 10 weeks, be treated as a general donation to the charity that the particular member has been supporting (as detailed in that member’s application form).
- In addition to the weekly prize draw with 51 guaranteed prizes (1 x £1000 and 50 x £10), we run a rollover draw with a jackpot of £250 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 £250 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 £1,000 or lower. Once the rollover prize reaches an amount of £1,250 or greater than 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 £1,000 prize.
9. 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.
10. It is the responsibility of the member to advise us of any change of that member’s address or any other membership details deemed necessary.
11. An instruction to be self-excluded, as defined in the Gambling Act 2005, from the Lottery or one off prize draws may be submitted in writing, faxed or telephoned through to the 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.
12. The maximum number of entries into the draw is ten and this is on a request basis to deter the encouragement of problem gambling.
13. The requirements of the Gambling Act 2005 mean that we have a statutory duty to verify that each member is 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 is deemed to confirm that it is aged 16 years or over. Each member also agrees to us carrying out checks in any way we may deem appropriate. This may include, but is not limited to, references to credit and government agencies. 13a. 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 16 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 gamble under the age of 16 and that their prize is therefore void. The amount won by the individual who was gambling under the age of 16 will then be treated as a donation to the charity in which the underage supporter was playing in support of.
14. make a smile lottery is a member of the Hospice Lotteries Association, who on behalf of its members makes a financial contribution towards the “Responsible Gambling Trust”, a charitable organisation aiming to minimise gambling-related harm. More information about the Responsible Gambling Trust can be found on the website of the Hospice Lotteries Association (www.hospicelotteries.org.uk) and on the website of the Responsible Gambling Trust (www.responsiblegamblingtrust.org.uk). We encourage all our members to participate in the Lottery responsibly. If members suspect they may have, or may be at risk of, problem gambling, they should seek support from organisations such as the Responsible Gambling Trust and “GamCare” (www.gamcare.org.uk), a leading organisation that provides practical help to problem gamblers. Further support can also be found on the BeGambleAware website (www.begambleaware.org).
15. All complaints and disputes will be dealt with in accordance with our Complaints and Disputes Policy. In the event that a complaint cannot be resolved, this will then be escalated to a dispute where 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 an approved Alternative Disputes Resolution entity.
16. No employee of St Helena Hospice who works in the make a smile lottery office whose normal place of work is 6 The Atrium, Phoenix Square, Colchester, Essex, CO4 9AS may play the Lottery. All other paid staff, volunteers and trustees of St Helena Hospice, and other affiliated charities may play the Lottery.
17. 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.
18. In the event of insolvency any future advance payments that a supporter has made are not covered and a supporter will not be able to access these funds.
19. Subscriptions to the Lottery cannot attract Gift Aid.
20. Members 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 Member may stop its participation in the draw at any time and no notice is required to the Head of Lottery. In the event of a member 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 its discretion, refuse a refund of this advance payment. Any refund, if the Head of Lottery exercises its 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.
21. Card payments will be accepted either face-to-face, in the Lottery Office, by mail order or via telephone. The Member must be the cardholder except where the Member 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.
22. If the transaction is made by mail order then the following will apply. 22a. In the event of a person being new to the Lottery, the Head of Lottery will confirm the prospective member’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 member of this failure and will endeavour to include reasons for this failure, if such reasons are known to the Head of Lottery. The prospective member will be asked whether it still wishes to become a member of the Lottery, and if so, the prospective member would need to supply another opening payment. 22b. In the event of a member renewing its 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 member. In the event of the transaction failing, the Head of Lottery will inform the member 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 member will be asked whether they wish to play the Lottery, and if so, the member would need to supply another payment.
23. If the transaction is conducted via telephone the following will apply. The member 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 member will be sent confirmation of its participation in the Lottery. If this member is an existing member that is renewing its subscription, this member will not be sent any confirmation of the transaction.
24. We use Streamline PO Box 600 Central House Otley Road Harrogate HG3 1XG. Streamline is a card payment-processing merchant. We are registered with the Gambling Commission, with registration number 4685. 24a. 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: 6 The Atrium, Phoenix Square, Colchester, Essex, CO4 9AS.24b. The Promoter is St Helena Hospice trading as make a smile lottery. 24c. We reserve the right to amend or modify these terms and conditions in a ‘minor’ way without notice. We will however publicise to our supporters of any material changes to these terms and conditions.