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Terms & Conditions

Rules for Fanaka Lotto Draw-Based Game Played Online or via a Mobile Device

Edition effective June 1st 2018

Clarity Limited (herein after referred to as “CLARITY LTD.”), a company registered under the laws of Kenya whose registered address is: P.O Box 38911 -00100 Nairobi

Clarity Limited 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: PL000001

This Lottery 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 Draw-Based Games Played Online or via a Mobile Device (the “Rules”) apply when You play any Draw-Based Game online or via the Mobile Device. Each Draw-Based Game also has its own Game Procedures that apply, and certain Draw-Based 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 Clarity Limited 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 Clarity Limited and you are bound by these Terms and Conditions throughout the existence of the relationship.

The FANAKA LOTTO Game

FANAKA LOTTO GAME DESCRIPTION

FANAKA LOTTO is a Lottery game based on choosing a set of numbers which constitutes an entry. The main pool consists of the numbers 1 to 49 and the bonus pool consists of the numbers 0 to 9.

When a Player enters, they can either choose their numbers via SMS and online or get an automatic random selection of numbers via the Mobile Money entry route.

METHODS OF ENTRY

Online:

A Player is able to enter the FANAKA LOTTO Game via the following URL:

fanakalotto.com.

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

Players with a valid Account are able to purchase entries in to the FANAKA LOTTO Game choosing either:

  • Lucky Pick; Numbers will be randomly generated on behalf of the Player
  • Number Selection; The Player is able to select their own numbers for the FANAKA LOTTO Game

MOBILE MONEY:

Players are able to enter the FANAKA LOTTO Game through their Mobile Money Account by purchasing an Entry.

To purchase an Entry via Mobile Money, a Player must make a minimum payment of Ksh50 to Paybill Number 290058

The user is responsible for any financial transaction associated with the purchase of the Mobile Money Entry.

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

Notes:

  • Safaricom’s “MPESA” and Airtel’s “Airtel Money” are the only Mobile Money platforms currently available for use.
  • For new Players, Account details and promotional messages pertaining to their account will be sent via SMS at the point of 1st Entry purchase
  • Players wishing to select their own numbers must turn the auto-buy feature off via the website fanakalotto.comor by calling the Customer Support Team (0709 186 222)

SMS:

To enter via SMS, Simply send an SMS to 29228 with 6 unique numbers from 1 to 49 and the bonus number from 0 to 9. For example 1*5*12*19*31*42*0 Then follow the instructions to top up your account via MPESA if required. There are a number of different options for initiating an Entry via SMS, for example:

  • When the Player wishes to select their own numbers they SMS 1*5*12*19*31*42*0(being their number selection) to 290058
  • When the Player opts for a random number selection the SMS the allocated KEYWORD to 290058 in order to automatically receive their selection.
  • Players can also elect to enter the numbers they selected (or were allocated in their last entry by sending LAST to 290058

Notes:

  • If the Player has insufficient funds in their Account, then they will be prompted to make a deposit via Mobile Money in order to complete their Entry
  • Players wishing to select their own numbers must first turn the auto-buy feature off via the website fanakalotto.comor by calling the Customer Support Team (0709 186 222)
  • A new account is automatically established for each new user on their first entry at which time details of this account are sent out to that user

  1. The FANAKA LOTTO Game Rules
    • 1 The FANAKA LOTTO Game involves a random draw of six numbers ('Numbers') selected from the numbers 1 to 49 plus one 'Bonus' Number, selected from the numbers 0 to 9.
    • 2 The Draw uses a Random Number Generator approved by the BCLB
    • 3 Draws are scheduled every Teusday and Friday night, once the deadline for entries into the draw has passed and all entries have been received. They normally take place at approximately 21:00 EAT.
    • 4 The Stake for each line of the FANAKA LOTTO Game entry is fixed at Ksh50. The Stake will be displayed on the relevant Lottery entry panel at the time the Lottery entry is placed.
    • 5 The Stake for each line in the Super Jackpot FANAKA LOTTO Game is fixed at Ksh100. This Stake will be displayed on the relevant Lottery entry panel at the time the Lottery entry is placed.
    • 6 The deadline for FANAKA LOTTO entry will be decided by CLARITY LTD., and will be displayed on the Web Site.
    • 7 There are 10 ways to win. The Prize categories are listed below.
      1. a) by matching 6 Numbers plus the Bonus Number (Prize Category 1)
      2. b) by matching 6 Numbers but not the Bonus Number (Prize Category 2);
      3. c) by matching 5 Numbers plus the Bonus Number (Prize Category 3)
      4. d) by matching 5 Numbers but not the Bonus Number (Prize Category 4);
      5. e) by matching 4 Numbers plus the Bonus Number (Prize Category 5)
      6. f) by matching 4 Numbers but not the Bonus Number (Prize Category 6);
      7. g) by matching 3 Numbers plus the Bonus Number (Prize Category 7)
      8. h) by matching 3 Numbers but not the Bonus Number (Prize Category 8);
      9. i) by matching 2 Numbers plus the Bonus Number (Prize Category 9)
      10. j) by matching 2 Numbers but not the Bonus Number (Prize Category 10)
    • 8 Only one Prize can be won per Lottery entry, which will be the highest of the available Prize Categories achieved by, and relevant to, that Lottery entry.
    • 9 The Prize in respect of each CLARITY LTD. Winning Lottery entry in Prize Category A shall be the Prize described on the Web Site.
    • 10 The Prize payable to Players in respect of each CLARITY LTD. Winning entry will be that announced on the fanakalotto.com website with respect to that particular draw.
    • 11 The odds of winning, for each of the 10 ways to win are as follows:
      1. a) Prize Category 1 – 1 in 139,838,160
      2. b) Prize Category 2 – 1 in 15,537,573
      3. c) Prize Category 3 – 1 in 542,008
      4. d) Prize Category 4 – 1 in 60,223
      5. e) Prize Category 5 – 1 in 10,324
      6. f) Prize Category 6 – 1 in 1,147
      7. g) Prize Category 7 – 1 in 567
      8. h) Prize Category 8 – 1 in 63
      9. i) Prize Category 9 – 1 in 76
      10. j) Prize Category 10 – 1 in 8
    • 12 The FANAKA LOTTO results can be checked by visiting the website fanakalotto.comThese results will also be broadcast on a FANAKA LOTTO TV Show on Popular Tv Stations.
      1. a) A FANAKA LOTTO TV show is scheduled to air at 10pm on TUESDAY and FRIDAY nights.
      2. b) Note that this time is subject to variation based on the duration of earlier programming
    • 13 Players can check the sum of their Winnings by signing into their Player Accounts.
    • 14 CLARITY LTD. will endeavor 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, CLARITY LTD. shall not be liable for any mistakes in respect of such information.

  1. Rules to Entry
    • 1 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.
    • 2 Each Entry must be bought for its full price, unless such are complimentary entries distributed by CLARITY LTD. in a promotion or by way of prizes for FANAKA LOTTO games.
    • 3 Entries can only be bought from CLARITY LTD., it's authorized distributors and agents
    • 4 If an entry is made after the designated draw deadline (as advertised on the Website), the entry is automatically entered into the next scheduled draw. For example:
      1. a) If an entry is received after the advertised deadline on a Tuesday, the entry will be entered into the following Friday’s draw
      2. b) If an entry is received after the advertised deadline on a Friday, the entry will be entered into the following Tuesday’s draw
      3. c) If an entry is received by after the advertised deadline on a Friday due to a delay in the network or computer systems or any unforeseen technical difficulties, the entry will be entered into the following Tuesday’s draw
      4. d) If an entry is received by after the advertised deadline on a Tuesday due to a delay in the network or computer systems or any unforeseen technical difficulties, the entry will be entered into the following Friday’s draw
    • 5 Your Entry will only be valid if it is recorded on CLARITY LTD.’s Computer System.
    • 6 If you have deposited money into CLARITY LTD.’s Mobile Money account to complete a ticket purchase but, due to unforeseen technical difficulties or other such technical problems, CLARITY LTD. is unable to process your deposit and issue a ticket at that time, upon rectification of the technical difficulties, CLARITY LTD. will process Your deposit and issue a ticket for the next available draw.
    • 7 You can only buy Entries and receive Prizes in line with these Rules.
    • 8 There is no general right for a person to buy an Entry. CLARITY LTD. can refuse to sell Entries to anyone, and/or limit the number of Entries You can buy, without giving a reason.
    • 9 Subject to Rule 2.9, the following people cannot buy an Entry (and CLARITY LTD. will not be liable to pay a Prize to them):
      1. a) anyone under the age of 18, whether that person is buying it for themselves or anyone else;
      2. b) directors and employees of CLARITY LTD. ;
      3. c) specified employees of any of CLARITY LTD.’s ’s key contractors or sub-contractors;
      4. d) personal partners and persons who are, to some extent, maintained by anyone mentioned in Rules 2.8 (b) and 2.8 (c) or in either case if living in the same household as that person;
      5. e) any person who has an Account which has a status that prohibits them from buying an Entry or receiving a Prize (including without limitation a person whose Account has been suspended or terminated);
      6. f) anyone else CLARITY LTD. may decide and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time.
    • 10 If a Prize is paid to anyone listed in Rule 2.8, that person will be required to repay the Prize immediately.
    • 11 With the BCLB’s written consent, CLARITY LTD. employees will be able to buy Entries 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 CLARITY LTD. employees and CLARITY LTD. will not be entitled to benefit from any Prize won by any such Entries.

  1. Your Responsibilities
    • 1 You are responsible for keeping safe and confidential any information required to claim a Prize for a particular Entry (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
    • 2 You are also responsible for:
  • a) checking that Your Ticket shows the correct Entries, Games and Draw dates; and
  • b) claiming (where applicable) and checking You receive the full amount of any Prize You are entitled to.
  • c) If there are any taxes applicable to the Prizes, CLARITY LTD. 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, CLARITY LTD. may refund any surplus amounts to player accounts.

  • For each Draw, a proportion of up to 10% of Gross Revenue may be allocated to prize raffles (Raffle).
    • 1 Each of the draws use a Random Number Generator that has been approved by the BCLB as the means of choosing an entry at random from a pool of some or all of the game entries.
    • 2 The winning entry is identified by the allocated Ticket Number.
    • 3 There are five types of Draw
      • a) The Lucky Draw
      • b) The Second Chance Draw
      • c) Special Draws
      • d) The Affiliate Draw
      • e) The Power Draw
    • 4 Rules for the Lucky Draw
      • a) A random set of entries are picked from the complete pool of entries submitted to the previous 24 hours to the draw event.
      • b) The winners of the Raffle may be called to participate in a Post Raffle game in which they may be offered may additional chances to increase their prize entitlement
    • 5 Rules for the Second Chance Draw
      • a) A random entry is picked from the complete pool of entries submitted to the last closed draw prior to the Raffle event
      • b) The winners of the Raffle may be called to participate in a Post Raffle game in which they may be offered may additional chances to increase their prize entitlement
    • 6 Rules for the Special Draw
      • a) A random set of entries are picked from the complete pool of entries submitted to the last closed draw prior to the Raffle event
      • b) The winners of the Raffle may be called to participate in a Post Raffle game in which they may be offered may additional chances to increase their prize entitlement
    • 7 Rules for the Affiliate Draw
      • a) A random entry is picked from the subset of a pool of entries that are submitted in the current draw, that is entries from closing time of the last draw until the Raffle event
      • b) The winner of the Raffle may be called to participate in a Post Raffle game in which they may be offered may additional chances to increase their prize entitlement
    • 8 Rules for the Powerdraw
      • a) A random entry is picked from the subset of a pool of entries that are submitted in in all the draws from the commencement of the Powerdraw promotion, that is entries from start time of the Powerdraw event until the Raffle event
      • b) The winner of the Raffle may be called to participate in a Post Raffle game in which they may be offered may additional chances to increase their prize entitlement
    • 9
      • Any Free Tickets, meaning any tickets that have been awarded as part of a promotion or given away as a prize, shall have a nil redeemable value and have only two (2) weeks validity. Any Free Tickets not redeemed within the two week period shall be null and void.

  1. Claiming a Prize

  • 1 Subject to Rules 6.1 to 6.4 (inclusive) and Rule 2.8, You can only claim a Prize if You are the holder of an Account with a Winning Entry.
  • 2 Interactive Play Slips or Tickets cannot be used as evidence of an Entry 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 CLARITY LTD. be used under any circumstances as evidence that You are entitled to a Prize.
  • 3Unless 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.
  • 4 If You are claiming a Prize within the Claim Period, you must make your claim using one of the following procedures:
    • a) 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;
    • b) 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;
    • c) in person from CLARITY LTD.: CLARITY LTD. must receive sufficient information to prove You are the holder of the Account that has the Winning Entry, together with a completed Prize Claim Form or any other form CLARITY LTD. requires You to complete (where required), at CLARITY LTD.’s Office during CLARITY LTD.’s normal business hours* within the Claim Period.

*CLARITY LTD.’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.

  • 4 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 CLARITY LTD. and notify it that You intend to claim a Prize in this way (and give Your name, address and all details of the Entry that CLARITY LTD. reasonably requires) and if You then present the proof of identity and any relevant completed Prize Claim Form in person at CLARITY LTD.’s Office during normal business hours (see Rule 5.4) within the seven day period. You can contact CLARITY LTD. by:
    • a) 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
    • b) emailing [email protected]. CLARITY LTD. must receive the email before the end of the Claim Period.
    • c) 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.
  • 6 You can only claim for the highest Prize Category Your Entry 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
    • 1 Before a Prize can be paid on an Entry, it must be successfully validated in line with CLARITY LTD.’s reasonable validation procedures adopted from time to time. CLARITY LTD.’s decision about whether the Entry is valid will be final and binding.
    • 2 Without limiting the effect of Rule 6.1, CLARITY LTD. will declare an Entry invalid (and will not, therefore, pay any Prize related to that Entry) if:
      • a) the Entry 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
      • b) the Entry is counterfeit, all or part of the Entry has been forged, or the Entry fails to pass CLARITY LTD.’s validation and security checks; or
      • c) the Prize claim is not received within the relevant claim period set out in Rules 5.3 and 5.5;
      • d) the Ticket Number for the Entry is not on CLARITY LTD.’s official list of Winning Entries, or the relevant Prize for the Winning Entry with that Ticket Number has been paid previously; or
      • e) the details associated with the Ticket Number of an Entry do not match CLARITY LTD.’s official records of that Ticket Number; or
      • f) CLARITY LTD. reasonably believes that the Entry was bought by or on behalf of a person falling in one of the categories in Rule 2.8.
    • 3 Without limiting the effect of Rule 6.1, CLARITY LTD. may declare an Entry invalid (and will not be obliged to pay any Prize) if:
      • a) CLARITY LTD. 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
      • b) the Entry has not been issued or sold by CLARITY LTD.; or
      • c) the Ticket Number (or any other unique feature of the Entry) does not match the records on CLARITY LTD.’s Computer System for the Game that the Entry relates to;

  1. Payment of Prizes

  • 1 The Information below sets out how Interactive Prizes of different amounts should be claimed and will be paid.
    • a) Prizes of Bonus Play Money - Prizes or promotions that are formed of Bonus Play Money such as Category 10 winnings are not paid out in cash and can only be used to buy tickets via the SMS and Online entry methods.
    • b) Prizes ranging in value from ‘Ksh75 to Ksh70,000’- Prizes and other winnings from Games in this category will automatically be deposited into Your Account.
    • c) You are solely responsible for withdrawing any prize amounts and other winnings from Your Account in accordance with these Terms and Conditions. Upon deposit of the prize amount to Your Account, You release and discharge CLARITY LTD., its employees, officers, directors and shareholders from any further claims, actions or demands in respect of that prize.
    • d) 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 CLARITY LTD.'s Office by the Player to whom the Ticket was issued. Further information can be obtained by contacting CLARITY LTD.'s Customer Service Centre at 0709 186 222. You acknowledge and agree that You will be required to comply with all CLARITY LTD. prize claim requirements including to confirm Your identity and entitlement to the prize to CLARITY LTD. '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 CLARITY LTD. may require to confirm Your eligibility for a prize.
    • e) 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 CLARITY LTD.'s Office by the Player to whom the Ticket was issued. Further information can be obtained by contacting CLARITY LTD.'s Customer Service Centre at 0709 186 222. You acknowledge and agree that You will be required to comply with all CLARITY LTD. prize claim requirements including to confirm Your identity and entitlement to the prize to CLARITY LTD. '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 CLARITY LTD. 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.

  • 2 CLARITY LTD. reserves the right to:
    • a) 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 CLARITY LTD. and You);
    • b) ask You to attend CLARITY LTD’s Office to claim Your Prize;
    • c) withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that an Entry is valid and that the claim has been made in good faith;
    • d) 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 CLARITY LTD. decides in line with Rule 11.1 that the Entry is invalid or defective, or where there is any other reason for CLARITY LTD. (acting reasonably) to question entitlement to the Prize. Any checks and enquiries will be carried out promptly by CLARITY LTD.. You shall repay immediately on demand any Prize CLARITY LTD. seeks to recover;
    • e) recover a Prize incorrectly paid into Your Account;
    • f) request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim);
    • g) refuse to pay a Prize If You are unable to or fail to produce sufficient Identification Information when claiming a Prize;
    • h) photograph anyone claiming a Prize for CLARITY LTD.’s records;
    • i) request a court to decide to whom a Prize should be paid and/or make payment into court.
    • j) refuse to pay a prize if You refuse to sign all the documentation required by the Insurance Underwriters
  • 3 The right to a Prize is not transferable.
  • 4 CLARITY LTD. 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.
  • 5 No interest will be payable on any Prize, including without limitation whilst any checks or enquiries are carried out in relation to a Winning Entry, whilst a dispute about the Entry or Prize claim is being resolved, or for the period a Prize remains unclaimed.
  • 6 Any charges levied by the Mobile Operators payment gateways (MPesa, Airtel Money, YuCash and Orange Money) will be deducted from Your account.
  • 7 Any applicable taxes levied by the Kenyan Revenue Authority will be deducted from Your account.
  • 8
    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

  • 1 CLARITY LTD. will decide the time, frequency, date and method of the Draws for each Game.
  • 2 Each Draw will:
    • a) select Winning Numbers at random with the use of the Random Number Generator approved by both the Insurance Underwriters and the BCLB, and
    • b) be conducted in line with the Draw Procedures and in the presence of a witness who will be a representative of the BLCB.
  • 3 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.
  • 4 If any Game draw is declared invalid, another Draw will take place in line with the applicable Draw Procedures to determine the Winning Numbers.
  • 5 The numbers drawn and recorded in writing by the witness mentioned in Rule 8.2(b) will be the Winning Numbers for that Draw.
  • 6 CLARITY LTD. will only pay a Prize based on the official results of the relevant Draw recorded in line with Rule 8.5 and electronically recorded in CLARITY LTD.’s Computer System. CLARITY LTD. will not pay a Prize based on results recorded anywhere else, including for example in newspapers, winning number telephone lines, or on the Site.
  • 7 CLARITY LTD. won't be required to make any payment against any incorrectly announced number(s) at the Draw, and the witness as described in Rule 8.2(b) will confirm the correct number(s).

  1. Information about Winners

  • 1 When You claim or are paid a prize, You will automatically be deemed to grant to CLARITY LTD. 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, as outlined in CLARITY LTD. 's Winners Information Publicity Policy; You also give CLARITY LTD. the right to publish for a period of up to twelve months from the date of the prize award any additional information that You voluntarily provide. You shall have no claim against CLARITY LTD. 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.
  • 2 If You win a Prize, You understand and accept that CLARITY LTD. 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.
  • 3 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.
  • 4 You accept that CLARITY LTD has the right to send you promotional messages unless you explicitly opt out.
  • 5 You accept that or CLARITY LTD. has the right to send you promotional messages from their selected partners unless You explicitly opt out.

  1. Game Closures etc.

  • 1 CLARITY LTD. 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.
  • 2 CLARITY LTD. can also (at its absolute discretion) suspend or withdraw any Game following consultation with the BCLB.

  1. Limitation of Liability

  • 1 Where instructed by the BCLB, CLARITY LTD. will, or may (in its discretion provided it is acting reasonably), declare that an Entry is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and CLARITY LTD. will either:
    • a) give You an opportunity to have another Entry of equivalent price; or
    • b) refund You the amount they paid for the defective Entry.

CLARITY LTD. will decide which of (a) or (b) above shall apply.

You do not have the right to cancel an Entry. 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.

  • 2 If CLARITY LTD. is fully satisfied after proper and careful enquiries that a cancellation of an Entry was wholly and directly the result of CLARITY LTD.’s fraud, negligence or error, and that Entry would, but for that cancellation, have been a Winning Entry, then CLARITY LTD. will not refund the cost of the Entry and CLARITY LTD.’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.
  • 3 CLARITY LTD.’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, CLARITY LTD. 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, CLARITY LTD. 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 an Entry, 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.
  • 4 CLARITY LTD. will not be liable to any person for:
    • a) 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);
    • b) the failure or destruction of, or damage to, all or part of the computer systems or records of CLARITY LTD. or any third party (including, without limitation, the Site and/or CLARITY LTD.’s Computer System);
    • c) any mistakes caused by all or part of the computer systems or records of CLARITY LTD. or any third party (including, without limitation, the Site and/or CLARITY LTD.’s Computer System);
    • d) delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;
    • e) any other action or event which prevents or hinders the issue of a valid Entry (including without limitation the failure of the Site to display correctly on any device used to view it);
    • f) the refusal to sell an Entry to any person or to allow any person to play a Game Played Online or via SMS/ Mobile Money;
    • g) 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 CLARITY LTD. informed of changes to Your contact details;
    • h) 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.
  • 5 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.
  • 6 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 CLARITY LTD.’s Decisions
    • 1 CLARITY LTD.’s decision about whether or not an Entry is a Winning Entry, 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 CLARITY LTD., CLARITY LTD. may (at its discretion), reimburse the cost of the Entry or replace the disputed Entry with an Entry for any current Game of the same price.
    • 2 The remedy in Rule 12.1 will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge CLARITY LTD. from any liability in respect of such a dispute (subject to Rule 12.3). CLARITY LTD. will not be liable to pay any interest in respect of any reimbursement made under this Rule 12.
    • 3 CLARITY LTD. may withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved.

  1. General
    • 1 Any person who buys an Entry or submits an Entry 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 CLARITY LTD. may issue in respect of that Game Played Online and via SMS/ Mobile Money.
    • 2 CLARITY LTD. 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 CLARITY LTD. states), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to Entries bought 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 CLARITY LTD.. 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.
    • 3 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.
    • 4 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 CLARITY LTD.. CLARITY LTD. 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.
    • 5 You agree that when You contact the Customer Care Team, You will supply any Games-Related Information required by CLARITY LTD..

  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 CLARITY LTD.’s Computer System.

Account Terms: The Account Terms available on the Site that apply to Accounts.

CLARITY LTD.: Clarity Limited, a company incorporated in Kenya.

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

BCLB: Betting and Licensing Control Board of Kenya

Bonus Play Money: Bonus funds that can be deposited into player accounts and are not redeemable as cash payment

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

Customer Care Team: CLARITY LTD.’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 CLARITY LTD. 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 CLARITY LTD. from time to time.

Entry: An entry into a Game Played Online or via a Mobile Device, SMS or via Mobile Money in line with the relevant Game Procedures

Game: A FANAKA 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 CLARITY LTD. for a particular Game Played Online in addition to these Rules that includes the Game name, the price per Entry, 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 CLARITY LTD. 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 CLARITY LTD. 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 CLARITY LTD. 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.

Insurance Underwriters: The Insurance providers of the Category 1 and Category 2 prizes.

Interactive Play Slip: The play slip available on the Site on which You can choose Your Selection for an Entry.

Interactive Prize: A prize won by a Player from an Entry.

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

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

Player: Has the same meaning as You.

Privacy Policy: CLARITY LTD.’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 CLARITY LTD. 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 CLARITY LTD. 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 Entry.

Site: The website fanakalotto.com

Ticket: The textual or graphical representation of Your Entry.

Ticket Number: The alphanumeric number included as part of a Ticket which is unique to and which identifies a particular Entry and which is recorded in CLARITY LTD.’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: CLARITY LTD.’s Entry validation requirements referred to in Rule 6 or as otherwise determined by CLARITY LTD. from time to time.

Winning Entry: An Entry 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.

Fankalotto is licensed to Clarity Ltd for Charitable Education Purposes by BCLB License Number: PL000001. Age restriction: 18 +years | Play Responsibly | T&C applies
All prizes are subject to 20% tax.