General Terms & Conditions

1 Introduction

1.1.XXL Winners Ltd is a company registered on the 21st May 2009 under the laws of Malta; Registration number: C 46864; registered address: 20, Cannon Road, Sta. Venera, Malta. XXL Winners Ltd is trading under the name xxlwinners.com (accordingly any reference to XXLWinners shall be construed as constituting a reference to XXL Winners Ltd).
1.2. XXL Winners is operating under a License Number LGA/CL3/557/2009 dated 18. March 2010 granted by the Lotteries and Gaming Authority of Malta and is also regulated by them. (www.lga.org.mt).

1.3.This agreement establishes the terms and conditions for the contractual relationship between XXLWinners and any person registering with the company, known as an Account Holder. Each person is required to accept these terms and conditions when registering for an account with XXLWinners and is bound by them throughout the existence of the relationship.
1.4.XXLWinners reserves the right to change these terms and conditions including any of the Betting Rules at any time and without prior notice. We will do our outmost to inform our Account Holders should there be major modifications to the Terms & Conditions.  Nevertheless, it is the Account Holder's responsibility to regularly check for any changes. Should the Account Holder, due to any possible changes, not wish to continue using the services of XXLWinners anymore, he can withdraw all available funds and close the account.
1.5.The contractual relationship between the registered Account Holder and XXL Winners Malta Ltd is governed by these terms and conditions and by the Laws of Malta.
1.6.In the case of any dispute between the English language version of the terms and conditions and versions in other languages, the English language version shall prevail.
1.7.It is recommended that you print a copy of these Terms and conditions and the Betting rules for your records and store them in an easily accessible place.

2 Account Rules

2.1.Any Account Holder applying for an account must be at least 18 years old or in the case of Estonia not less than 21 years of age.
2.2.People resident of the USA cannot register as Account Holders with XXLWinners.
2.3.The Account Holders of XXLWinners agree to abide by these terms and conditions at all times, and also confirm that they are:
2.4.not acting in the interests of any third party;
2.5.not utilising funds originating from any criminal activity or activities;
2.6.not utilising bank accounts, debit cards, credit card/s they are not authorised to use;
2.7.not going to attempt to hack the website or, to alter its code in any way;
2.8.not going to take part or organise any criminal actions against XXLWinners, its affiliates, and its Account Holders.
2.9.In the event of an Account Holder not respecting one or more of the rules as mentioned in 2.1,2.2 and 2.3, XXLWinners will close the account and may confiscate the available funds.
2.10.It is the responsibility of the Account Holder to verify that when opening an account and conducting business with XXLWinners they are not breaking any laws and are of legal age to gamble in their jurisdiction
2.11.In order to open an account with XXLWinners, the prospective customer must correctly fill in the Registration Form found on the website and read and accept the terms and conditions as found on the website www.xxlwinners.com.
2.12.The Account Holder must submit the correct information during his registration. The Account Holder also agrees to update this information should there be any changes to their personal data provided.
2.13.The Account Holder is restricted to opening only one account or having only one active account;
2.14.XXLWinners may, at its own discretion and without having to provide any justification, refuse to open an account or close an existing account.
2.15.All accounts are opened and transacted in Euro currency;
2.16.No interest is paid on any funds, irrespective of the amount, held in the Account Holder’s account.
2.17.It is the responsibility of the player to keep track of winnings and report them to the proper authorities, if the player resides in a jurisdiction where those winnings are taxable. In Malta tax is not payable on winnings. XXLWinners will make every effort to contact the Account Holder using the information available before transferring the balance to the Authority.
2.18.During the registration process the Account Holder will be able to choose his login name and PIN/password. This password may be changed by the Account Holder at any time.
2.19.The Account Holder must keep his login ID and Password secret at all times. In this respect, XXLWinners advises the Account Holder not to write down his login ID and password in a way that can be easily found or used. XXLWinners also advises the Account Holder not to leave his computer unattended when logged in so that he can avoid any one using his account without his consent. XXLWinners also advises the Account Holder to construct a password with a minimum length of six characters which contains, as a minimum, upper case and lower case alphabetical characters and numbers or other characters (e.g. Asdf12/3).
2.20.If a bet/s is placed using the login ID and password of an Account Holder it will be considered to have been made by that Account Holder and therefore to be accepted and valid.
2.21.XXLWinners retains the right to examine and confirm the identity of its Account Holders. When deemed necessary, XXLWinners will request that documentation proving the Account Holder’s identity is forwarded to its offices. Examples of documentation requested could be certified copies of photo id’s, bank statements, references, last utility bill, photocopy of credit card, etc. In the case where a registered player wins the prize XXLWinners reserves the right to publicise the win and details of the winner over different mediums. This includes the name of the winner, a photo of the winner, phone conversation of winning notification, video material etc. The winner therefore is committed that as part of the conditions of claiming his prize, he or she supply XXLWinners with, at minimum, their photo depicting them.
2.22.If an account remains inactive for a period of 30 months or more, XXLWinners is obliged to report such accounts to the Lotteries and Gaming Authority, in accordance with the Remote Gaming Regulations. XXLWinners may be asked to transfer any outstanding balances to the care of the Authority.

3 Deposits, Transfers and Withdrawals

3.1.Deposits can be made into the account by bank transfer, telegraphic/wire transfer and/or by credit card. The name on the credit card or the bank transfer should be identical to that of the Account Holder receiving the funds. If this is not the case the deposit will be rejected and the funds paid back. Any charges levied by the banks/payment gateways will be deducted from the reversed amount.
3.2.When depositing by credit card your credit card account will be debited immediately upon completion of the transaction and the funds will be available in your XXLwinner account for immediate use.

3.3.It is also suggested that you print all transaction data and keep it readily accessible for your own records.

3.4.Minimum deposits:
10 Euros on deposits made by Credit Card or wire transfer.
20 Euros for deposits made by bank transfer

3.5. Any funds deposited must be utilised for the placing of bets. Any suspicious activity on an account could lead to the Account Holder being reported to the relevant authorities and freezing of the funds and could also lead to the closure of the account and confiscation of the funds.

3.6.The Refund Policy of XXLWinners is to not affect any refunds. However, it remains at management’s discretion to determine whether a refund request for a deposit made should be entertained.

3.7.Bonuses can from time to time be placed into an Account Holder’s account as part of a sales promotion/marketing campaign. These bonuses cannot be withdrawn/paid-out but must be used for the placing of bets. A bonus must be used within two months of it being placed in to the account or else it will be withdrawn. More details of each bonus scheme will be published on the website.

3.8.Funds cannot be transferred from the account of one Account Holder to the account of another Account Holder.

3.9.An Account Holder can at any time log in to his account and view a statement of his account which would show all transactions effected on that account, namely deposits, bonuses, winnings, bets made, pending bets and withdrawals. Should the Account Holder notice any mistakes he should notify XXLWinners immediately so that the mistake can be rectified. The Account Holders should report such a mistake within 90 days from when the mistake first appeared on the statement available on the website.

3.10.At any time, an Account Holder can decide to withdraw part or all of his funds from his account by selecting from the various options made available by XXLWinners. Depending on the currency and on the chosen withdrawal option, certain transaction fees may apply. XXLWinners will not charge any fees for withdrawals; however, all bank or payment processor fees will be borne by the Account Holder. Once all the available funds have been withdrawn, the Account Holders has the right to close his XXLWinners account if he/she wishes to do so.
The minimum amount for a withdrawal is 30 € (thirty Euros) which is effected by bank transfer or CFT (where available).

3.11. Withdrawals will only be remitted to the account from which the funds originated. Where this is not possible due to technical matters or policies outside the control of XXLwinners funds will only be remitted to an account in the name of the Account Holder.

3.12.XXLWinners will do its utmost to process any withdrawal requests within 3-5 working days from receipt of such request.

3.13.The Account Holder acknowledges that XXLWinners may only entertain withdrawal requests once it is satisfied about the Account Holder’s identity.

4 Lottery Rules

4.1.Lottery draws will take place at the time and date specified for each lottery. The draw will take place using a Random Number Generator which has been tested and approved for randomness by individual third parties and also approved by the Lotteries and Gaming Authority of Malta.
4.2.A lottery ticket can only be placed by a registered Account Holder.
4.3.A lottery ticket can only be purchased over any distance communication device such as a mobile phone or over the Internet.
4.4.A lottery ticket can only be purchased by an Account Holder if he has sufficient funds in his account with XXLWinners.
4.5.The lottery ticket/s, once purchased, will be governed by the version of terms and conditions and Lottery rules valid at the time of the ticket being purchased.
4.6.A ticket is deemed to have been purchased and valid to participate in the intended lottery as soon as confirmation of the acceptance of the request for purchase is received on the device or computer of the Account Holder from XXLWinners.
4.7.The Account Holder affirms that at the time he purchased a ticket he had no knowledge as to the outcome of the lottery result. Where there is a suspicion of a violation of this rule, XXLWinners retains the right to void the ticket and refuse to pay out winnings. It also retains the right to take any further action to protect its legitimate interests and to comply with other laws and regulations.
4.8.XXLWinners retains the right to decline to accept requests for purchase of tickets without providing any reason.
4.9.The list of all the purchased tickets or requests for purchase of a ticket, their status and details are available to the Account Holder on the website after login.
4.10. Should a lottery be stopped or cancelled for whatever reason, the Account Holder will be refunded with he value of the participating ticket/s less any expenses directly related to the ticket sale.

Furthermore, a lottery will not be cancelled for any of the following reasons:
4.10.1 If so, that there are more then 2% of chargeback/ cancellation/ illegal tickets/ illegal transactions etc., XXLWinners has the right to continue the game and to restart the ticket sales, until the minimum number of tickets are sold, which are declerad in each individual game. All Account holders will be informed by Email about the new starting and ending time for the ticket sales.
4.10.2.To protect the game against cancellation/ illegal tickets/ illegal transactions etc., . the drawing of the winning ticket will take place up to 4 weeks, after the closing date of the individual game. The delay is different for each game and the exact amount in days will be published in the description to the corresponding first prize.
4.11.Individual winning ticket numbers will be picked by the software. 5 individual winning tickets for the first prize will be drawn sequentially by the software.The prizes will only be distributed, if the winning ticket is not illegal. The payment for this ticket has been made without a chargeback and the winner can verify his age, identity and place of residence. If one of these three conditions fails, the prize will go to the Account holder with the next number, which is picked by the software (and so on).
4.12.It is only possible for a winner to get the prize, if the winner can identify oneself. XXLWinners has the right to decide, how to verify a player’s identity. This can be done, for example, by requesting a copy of the ID-Card or also by a notary's certificate. In the latter case, the fees to do so will be paid by XXL Winners Limited.

4.13.Should XXLWinners decide to close an Account Holder’s account, tickets which have already been purchased will not be voided and the Account Holder will be paid any winnings unless there are suspicions of fraud.
4.14.A ticket which has been purchased cannot be amended, withdrawn or cancelled by the account holder.
4.15.A mistake regarding the details of a purchased ticket will not influence the validity of the ticket
4.16.When the Account Holder places a bet/s he acknowledges that he has read and understood in full all of the terms and conditions and lottery rules regarding the lotteries offered by XXLWinners as stated on the website.
4.17.When the Account Holder purchases a ticket he recognises that unless the stated quotas of tickets are sold the prize in the lottery draw will be for the total amount of tickets sold,irrespective of the amount of sales, less commissions.
4.18.XXLWinners manages the Account Holder’s account, calculates the available funds, the pending funds, the tickets as well as the amount of the winnings. Unless proved otherwise, these amounts are considered as final and are deemed to be accurate.
4.19.The Account Holder is fully responsible for the tickets purchased on the Internet. XXLWinners will never question the Account Holder about the relevance of the number of tickets purchased and the different lotteries they may be purchased for.
4.20.Winnings of cash will be paid into the Account Holder’s account after the final result is confirmed. However, XXLWinners reserves the right to set aside any winnings should there be investigations into the result of an event resulting from a suspicion of criminal activities that may have affected the result of the event. If the irregularity is confirmed then XXLWinners retains the right to void any related tickets.

4.21 Where a prize requires the Account Holder to be contacted, XXLwinners will use the information provided to immediately contact the Account Holder. Should XXLwinners be unable to contact the winner within 30 days of the draw taking place, or the winner fails to contact XXLwinners the winner will forfeit his right to the prize. The next ticket (see 4.10.3 above) will be considered to be the winner and 30 days will again be the time limit for contact being established. This procedure will be followed until all 5 drawn tickets have been exhausted. If in the extreme case where none of the holders of the 5 winning tickets can be contacted, the draw will take place again under advice to the Account Holders.
4.22.Should XXLWinners become aware that an Account Holder has purchased a number of tickets from different accounts he has irregularly opened, all tickets will be voided. XXLWinners retains the right to take further action as deemed necessary.
4.23.Communication errors do occasionally happen. The way our system works is that the purchase of the ticket is confirmed only when it is received on our servers in Malta. Should there be a break in communication after you place your request for a ticket and it has been received on our servers it will still be considered to have been made. You will be informed that it has been accepted once communication is re-established. If the request for a ticket is not received at our servers then it will not participate and the value of the ticket will not be taken from your account with us.
4.24.The holder of a winning ticket for a stipulated prize, such as a property or a car, will be informed of his winnings and will be entitled to ownership of the prize. The holder will collaborate with XXLWinners to ensure that proper legal transfer of the prize can be carried out properly. XXLWinners will also provide funds for fees related to the transfer of the prize to his ownerships.
4.25.Account holders can find specific information about each lottery on the website. The information will include: the prize, value of the prize, quota of tickets required, and value of the ticket, date of the draw and any other specific requirements and/or benefits of the draw.

5 Responsible Gaming

5.1.An Account Holder may set his own limits on the amount of money he spends on tickets he permits or deposit in a specified period of time. The limit can be removed by the Account Holder through the “My XXLWinners” function after the seven day period elapses.
5.2.Any changes requested by the Account Holder to increase limits, remove restrictions or remove the blocking of his account will not take place until seven days after the request is received. Requests to further reduce limits or to increase blocking periods will have immediate effect.
5.3.An Account Holder may also lock his account for a definite or indefinite period of time, should he no longer wish to bet.
5.4.Please refer to our responsible gambling section for more information about the subject.

6 Copyrights

6.1.XXLWinners and its logo are registered trademarks of XXL Winners Ltd. Any unauthorised use of the brand and/or the logo of XXLWinners could lead to legal prosecution by XXLWinners.
6.2.All of the contents found on the website pages of www.xxlwinners.com as well as its URLs are owned by XXL Winners Ltd. Any unauthorised reproduction or use of this URL address or of the contents of the XXLWinners website could lead to legal prosecution.

7 Liability

7.1.XXLWinners is only liable for gross negligence or deliberate actions carried out by its management, employees or vicarious agents.
7.2.XXLWinners is not responsible for the services, pages or contents of websites to which links may be provided from time to time from the XXLWinners website.
7.3.XXLWinners is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, and saturation of the telecommunication networks, natural catastrophe; which could lead to a total or partial reduction, to the access to its services, on Internet or by phone.
7.4.XXLWinners is not to be held responsible for the consequences caused by the breakdown of any device or software, directly managed or outsourced, which could lead to a total or partial reduction to the access of its Services, via Internet or by phone.
7.5.In the event of any mistake or negligent act from XXLWinners's part, in relation to these Terms and Conditions, the compensation available to the Account Holder would never be any higher than the available funds on the Account Holder’s account or the value of the tickets involved in the mistake or negligent act.
7.6.Should one or more term or condition of this agreement be declared void by a recognised Court of Justice, then the remaining Terms & Conditions would retain their validity.
7.7.These Terms & Conditions represent the whole of the agreement between XXLWinners and the Account Holder, and replace any previous written or verbal agreement, communicated by XXLWinners.
7.8.XXLWinners does not accept any liability whatsoever for damage to an Account holder or a third party which arises directly or indirectly from a mistake, misprint, malfunction of software on the XXLWinners website or that of any of its affiliates and/or partners.

8 Privacy Policy

8.1.XXLWinners has notified the Commissioner for Data Protection that it is processing personal data in accordance with the Data Protection Act, 2001 of the Laws of Malta.
8.2.XXLWinners will only process your personal data for the purposes for which it collected it, namely to provide you with an online betting exchange service.
8.3.XXLWinners does not normally share your data with any other parties outside the company; however, at times we may be required by law or legal process to disclose your personal information. We may also disclose information about you if we believe that disclosure is necessary for the public interest.
8.4.You have a right to access your data and request it to be changed or deleted at no cost to yourself.
8.5.You also have a right to stop receiving marketing information. You may do this by just removing the tick mark in the “My XXLWinners” page when you login.
8.6.For further information about how XXLWinners processes your data please view our Privacy Policy.

9 Complaints

9.1.XXLWinners will endeavour to make an Account Holder’s experience with us an enjoyable one. However, there may be occasions where an Account Holder may feel dissatisfied with the quality of our product/s or of our customer service. An Account Holder may raise a complaint by addressing an email to our Customer Service at support@xxlwinners.com. Your complaint will be escalated to management and we endeavour to tackle it within 48 hours of receipt.
9.2.Should you not be satisfied with the way your complaint was resolved or handled you may escalate directly to the Lotteries and Gaming Authority of Malta by sending them an email on complaints@lga.org.mt
9.3.It is important that only complaints of a serious nature are escalated to the Authority.

Version 1.11
Last revised April 2010