Agency, Member, and Sharing Subscription Agreement
LottoFam, LLC (“LottoFam Player's Club of Florida”) is a provider of lottery services to persons who wish to play the Florida LOTTO™ and Powerball®. The Florida LOTTO™ is property of the Florida Lottery™ and Powerball® is property of the MUSL (Multi-State Lottery association). LottoFam offers a Pooling Service and a Subscription Service. These two services are not associated with the Florida Lottery™ or the MUSL, but are separate services offered by LottoFam, LLC. LottoFam operates independently of the Florida Lottery™ and MUSL and makes no claim of any state endorsement or affiliation. Orders can be placed through the LottoFam website or over the phone.
Pooling Club Subscription Service
LottoFam acts as an agent for persons who wish to share ownership of Florida Lottery™ and Powerball® tickets with other persons by pooling their money and sharing the ticket ownership and any winnings. Because LottoFam creates many pools, not all players will share all winnings.
As an agent for each person, LottoFam provides the following services: LottoFam locates other persons wishing to pool their money, collects their money, selects the number sets to be purchased for each lottery ticket, assigns each person to the tickets that will be purchased on behalf of them and the other persons with whom they will be sharing ownership, delivers their funds to the lottery retailer, purchases the tickets from the lottery retailer on behalf of the persons who will be sharing the tickets, sends a Confirmation Certificate to each person listing the numbers for all the tickets in their group that will be purchased and that they will be sharing with other persons for each drawing date. In addition, LottoFam checks each ticket for winnings after every drawing, maintains ownership records for each person, provides an online Winnings Statement (History of Balance) to each person after the last drawing of their selection listing the results of each drawing, and oversees the collection and distribution of all winnings. The cost of these and other services as well as the cost of the tickets is included in the price of each LottoFam selection. All jackpot winnings will be claimed with the lump sum cash payment option unless that option is not available.
LottoFam creates various lottery pools, which are offered through its’ order form. These pools are referred to as LottoFam selections. The compositional structure of these pools is complex, but to simplify the explanation, LottoFam uses common phrases such as “Pool Size 50”, “Pool Size 25”, or “Pool Size 20”. In every such simplified phrase, each selection on the order form equals one share of the pool. Therefore, in the examples above, the person would own 1/50th, 1/25th or 1/20th of the pool and they would receive 1/50th, 1/25th or 1/20th of the winnings.
The price of any selection represents a single share. A person can purchase multiple shares in a group size of 50, 25, and 20 as well as a single share. For example, if a person purchases two shares in a group size of 20, they would then entitle themselves to their proportionate share of the pool to 2/20ths and consequently increasing their share of their total jackpot winnings to 2/20ths.
All the numbers that a person owns jointly with others in a LottoFam Pool are listed on the Confirmation Certificate that is issued to them in the Online Member Area. There are no other numbers in their group size 50, 25 or 20 that they share. The Confirmation Certificate also shows the pool size selected and the number of shares purchased in the system.
Florida law currently prohibits ticket purchases by persons under the age of 18. Federal law requires Florida addresses for all mailings. (Subscribers do not have to be Florida residents but they must have a Florida mailing address.) Subscribers have up to one year, after their final play, to use or claim the balance in their account and claims can be made over the telephone. A check will be issued within 10 days. Balances not claimed after one year will revert to LottoFam.
If a person’s payment for a LottoFam selection is returned or rejected by the bank, all claims to any ticket ownership and winnings WILL BE FORFEITED and a $15 charge may be assessed. PAYMENTS WILL NOT BE RESUBMITTED AND TICKET OWNERSHIP CANNOT BE RECLAIMED. If time and/or workload permits, LottoFam will attempt to contact the person whose payment was returned or rejected to see if they want to re-order a new play, however, under no circumstances will LottoFam be responsible for a person missing any lottery drawings because of a returned or rejected payment. It is up to each person to make sure that they have the funds available and that LottoFam has the correct account number, expiration date, or any other pertinent information.
If a person’s payment was valid, but due to an unforeseen event, LottoFam does not purchase lottery tickets for a particular drawing, LottoFam will have the option of providing a proportionate credit or refund, provide additional chances, i.e., an additional night of drawings, or make a substitution with chances from another lottery game. Such events might include, but are not limited to the following: The lottery machines are not functioning properly, the Florida Lottery™ has modified or eliminated a game that directly affects the person’s selection, or some other error or omission on the part of the Florida Lottery, MUSL, or LottoFam occurs which results in LottoFam not purchasing lottery tickets for a particular drawing. LottoFam’s liability as a result of any error, omission, act, or negligence relating in any way to its service shall be limited to the cost of the person’s selection ordered.
Fees
You agree to pay all membership fees when due according to the following billing terms. LottoFam posts the current membership fees for its services in the "Pooling Programs" section of its website. At the time of registration, you must select a payment method. LottoFam reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing LottoFam for all credit card charge backs, dishonored checks and any related charges. You authorize LottoFam and its agents to make payments for the services provided to you through its site by automatic check, debit card, and/or credit card on your behalf. Payments for 4-week (8 drawing) pooling selections will be billed automatically every 1 month until membership is cancelled. This is done to ensure that players receive our discounted rates which only apply when played over the course of a month. A player may cancel their subscription prior to the next available drawing. Procedures for membership termination are listed under Termination below. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of LottoFam’ goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to LottoFam or its site when you have an outstanding charge to LottoFam shall make you liable to LottoFam for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
LottoFam acts as an agent for persons who wish to have LottoFam purchase tickets on their behalf and provide all the other administrative services noted above under “Pooling Service” that would also apply to single ownership. Unlike the Pooling Service where the ticket ownership and winnings are shared, the tickets purchased under this service and the winnings are owned 100% by the person subscribing to this service. The fee for this service is based on the order.
Where does the money go?
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Your Payment
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* Includes tickets for Pools of 50 players, Pools of 25 players, Pools of 20 players, Bonus Bucks, and Other Incentives. ** Includes advertising, labor, programming, rent, telephones, insurance, computers, mailing equipment, paper costs, postage, printing, and other overhead. On average, tickets, bonuses and other incentives represent about 51% of the moneys paid in and servicing represents about 41%. Because there are costs that are the same regardless of the size of the play, the larger and longer the play, the more of the money that goes toward tickets and bonuses. |
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Your Share of the Winnings
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* Sometimes LottoFam will also receive a share of the winnings, but only if LottoFam owns a share of the ticket just like any other member.
LottoFam never receives any part of the winnings out of your share - you get 100%. So, for example, if you are in a group of 50, you will receive 1/50th of the winnings and if you are in a group of 25, you will receive 1/25th of the winnings. |
Termination
At anytime, a member may request to cancel their pooling club subscription. The refund amount will be equal to the unused portion of their subscription less a $12 or 8% cancellation fee, whichever is greater. The request can be made by returning the certificate by US mail or in person, or the request can be made by sending an email, but there must be a return email to complete the request.
You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of LottoFam's services. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Sites to which you were a member.
LottoFam may terminate your access to our Site at any time, with or without advance notice, if: (a) LottoFam believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) LottoFam decides to cease operations or to otherwise discontinue any of its services. Further, you agree that neither LottoFam nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the LottoFam website. You agree that if your account is terminated by LottoFam, you will not attempt to re-register as a member without prior written consent from LottoFam.
Complimentary Ticket Claiming Service
Any individual that would like LottoFam to claim a winning ticket on their behalf may do so by mailing a notarized letter with their Full Name, Address, and a completed Florida Lottery Winning Claim Form to: IT IS ILLEGAL TO PUT LOTTERY TICKETS IN THE MAIL. This is a free service that LottoFam provides for all members and non-members within the community. Please call us @ to setup an appointment to drop off your ticket or to arrange for pickup.
30 Day Monday-Back Guarantee
The 30 Day Money-Back Guarantee applies to one-time only $2.95 promotions that include one free drawing. In order to submit your request you must mail in a notarized letter including your username, password, and reason for requesting re-imbursement.
100% Satisfaction Guarantee
When you subscribe to LottoFam.com, our commitment will be to offer you a secure experience and a reliable and personalized service.
If at any time you are not completely satisfied with our service and want to stop playing, LottoFam.com will return you your money in accordance with our Terms of Service. Without a question we will honor our commitment to ensure your satisfaction.
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Prices, selections, bonuses, and any and all terms of the Pooling and Subscription services are subject to change at any time. Until a new handbook is printed, all changes will be updated and maintained at www.lottofam.com. A hardcopy is available upon request. The invalidity or unenforceability of any portion of this agency relationship agreement shall not affect the validity or enforceability of any other portion of this agreement, each of which shall remain in full force and effect.
Last Updated: 04/29/2009
