Terms And Conditions
These General Terms and Conditions (the “General Terms”) and all of the documents and other terms referred to and included in them and which comprise together the Terms of Use (“Terms of Use” is defined in clause 2.2 below) apply to you whenever you use any aspect of the Websites and/or Games (both defined in clause 1.2 below), including when you register for and use an Account (defined in clause 4.1 below).
PLEASE READ THIS SECTION BEFORE YOU MOVE ON TO THE REMAINDER OF THESE GENERAL TERMS
It is important that you take the time to read and understand these General Terms as well as all the other applicable parts of the Terms of Use because they affect your rights. In some cases, they may result in you not being paid by us, or being excluded or prevented from playing with us, or other actions being taken by us that may affect your interests. If you have any questions about anything contained in the Terms of Use or if there is anything you do not understand, please get in touch with us and we will be happy to answer your questions. Please in particular pay close attention to the Important Note that is directly below and then please read on carefully.
IMPORTANT NOTE: Everything contained in the Terms of Use is important and should be read by you, but we would like to draw your attention in particular to the following clauses in these General Terms and the important terms that they contain. These clauses have the potential seriously to affect your interests. You must read these clauses themselves and not rely on the short summaries below.
- By registering for an Account, you are entering into a legally binding agreement: To use the Websites and Games (both defined in clause 2 below), you must register and open an Account with us ("Account" is defined in clause 4.1) and, by registering for an Account and otherwise accessing the Websites and Games, you will be entering into a legally binding agreement with us. That agreement includes all the terms, conditions, policies and documents forming the Terms of Use. (See clause 2 below).
- You must be at least 18 years of age and meet other eligibility requirements to register for an Account and use the Websites and Games. When you register for an Account, you will be promising to us that you meet these eligibility requirements. (See clause 4 below). Underage gambling is a criminal offence in many jurisdictions including the United Kingdom.
- We need to complete our Verification Checks before you can do certain things in connection with your Account, including withdrawing from your Account. If we're unable to complete our Verification Checks (defined in clause 1 below) to our reasonable satisfaction, we will have the right to suspend and, ultimately, to close your Account, and we may pass on any necessary information to the relevant authorities. (See clause 5 below).
- You may only open one Account: If we discover that you have opened more than one Account, we will have certain rights including the right to close your Account(s) and to void winnings. (See clause 7 below).
- Withdrawing your funds: You will usually be able to withdraw your available real money balance at any time, but there are some circumstances in which we will be entitled to delay or withhold withdrawals. (See clause 9 below).
- Errors, Malfunctions, and Interruptions: If any part of the Websites and/or Games suffers an Error, Malfunction, or Interruption (as defined in clause 10 below) we will have certain rights including the right to void affected gameplay/transactions and not to pay you out. This includes circumstances where the problem is not obvious to you and is only discovered by us when we check or verify the result of a transaction. (See clause 10 below).
- We will not tolerate fraudulent activity, collusion, cheating or any other “Prohibited Activities” (defined in clause 2 below). If you do any of these things, we will have rights against you, including (depending on the particular circumstances) suspending or closing your Account, cancelling/voiding transactions/gameplay, and withholding attributable winnings. (See clause 12 below).
- Maximum payout limits apply to some of our Games: This means that, regardless of the amount you stake on the relevant Games, you will only be entitled to receive up to the maximum winnings limit. (See clause 5 below).
- In certain circumstances, our liability to you is limited or excluded: When you play with us, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under the Terms of Use, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to so-called 'safer gambling' or 'social responsibility'. (See clause 14 below).
- Our right of set-off and your obligation to compensate us: Sometimes we can set off the positive balance in your Account against amounts that you owe to us. You may also be required to compensate us if we suffer losses because you have engaged in a Prohibited Activity. (See clause 15 below).
- We may sometimes take actions in relation to your Account for regulatory reasons including where required to do so by the terms of our licence and/or a regulatory authority. These actions include running certain Verification Checks, restricting/closing your Account, and preventing you from taking up Promotions and/or completing Promotions. (See clauses 5, 3, and 20).
General Terms and Conditions
1. Introduction – Who We Are; Who You Are
1.1 We are tombola (International) Plc, a company registered in Gibraltar with company number 105556 and whose registered office is at Tombola International Plc, 324 Main Street, Gibraltar (referred to in these Terms of Use as "tombola", "we", “our” and "us").
1.2 Tombola operates the websites www.tombola.co.uk and www.tombolaarcade.co.uk and all versions of such websites and apps viewed on mobile phones, tablets or other electronic devices (together the “Websites”), and offers various games and other gambling products and services via the Websites (together the “Games”).
1.3 tombola is regulated by the Gambling Commission of Great Britain (licence number 00-038613-R-319397-010) and the Gibraltar Gambling Commissioner (licence number RGL 052).
1.4 For further details please visit:
1.5 As we made clear in the 'Important Note' at the beginning of these General Terms: notwithstanding our regulated status, we will not be liable to you under the Terms of Use, nor do we owe you a duty of care in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time.
1.6 You, as a user of the Websites and Games, are referred to in these Terms of Use as "Player", "Customer", "you" or "your".
2. These General Terms and Other Important Terms That Apply to You (Forming the Terms of Use)
2.1 The Terms of Use set out the rules which govern all activities and transactions that happen on or via the Websites. Please read the Terms of Use carefully and ensure that you understand them fully, before agreeing to be bound by them. If you do not agree to the Terms of Use, you may not use the Websites and/or Games.
2.2 Not all of the legal terms and conditions that apply between you and us are set out in these General Terms – some of them are contained in separate documents to avoid these General Terms becoming too long. We cross-refer to these other documents and provide links to them below. They are nevertheless important terms which form part of the legal contract between you and us, and you should read and understand them just like the rest of these General Terms. These cross-referenced terms which (together with these General Terms) form the "Terms of Use" include:
a) these General Terms;
b) the individual Game rules which can be found on the Game rules link within each Game on the Websites; and
c) the Standard Promotional Terms here and any individual terms and conditions that apply to any promotions, bonuses, and other offers (together “Promotions”) that we may offer via the Websites from time to time (the “Promotional Terms”) as set out here.
2.3 Please see clause 23.9 for information about which terms/rules prevail in the event of any conflicts or inconsistencies between them.
3. Amendments to the Terms of Use
3.1 We may update or amend the Terms of Use from time to time for a number of reasons including to comply with applicable law or regulation, to comply with instructions, guidance or recommendations from regulatory bodies, and/or to reflect any changes to the Games, the Websites, and/or our business practices or operations.
3.2 We will notify you of any material changes using an appropriate method of communication (for example, via pop-up web and/or mobile message when you log into your Account and/or by email) prior to the changes coming in effect. Non-material changes will take effect immediately on posting the amended Terms of Use to the relevant page/s of the Websites.
3.3 Your continued use of the Games, Website and/or Account after changes take effect (which, as explained above, will either take place immediately or (for material changes) following prior notice) will be deemed to be your agreement to those changes. If you do not agree to the changes, then you must not continue to use the Games, Website and/or Account; but you will always be able to close your Account and withdraw your funds (subject to any rights we may have under the Terms of Use to withhold funds).
3.4 The date on which each relevant document comprising the then-current Terms of Use came into (or will come into) force will be stated at the bottom of the relevant page(s).
4. Account eligibility
4.1 To play the Games, you must register and open an Account via the Websites ("Account"). To be eligible to register an Account, you agree and warrant (i.e., you promise and confirm to us) that:
a) you are at least 18 years of age (underage gambling is a criminal offence in certain jurisdictions, including the United Kingdom and Republic of Ireland – please see clause 5.7 below for more information about what happens if we discover that you are underage);
b) you are a resident of the United Kingdom or Republic of Ireland (the “Permitted Jurisdictions”);
c) the information you provide when registering your Account, and at any time afterwards, will be accurate, true, and not misleading. You further agree to promptly inform us of any changes in personal details;
d) you acknowledge that you are opening an Account solely for your personal use, and are not acting and will never act on behalf of any third party;
e) you will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;
f) you are legally capable of entering into binding contracts, including the Terms of Use, which you agree to be bound by and comply with;
g) you are not prohibited for any reason from betting with tombola or any member of our corporate group, or from using the Games or any of the products or services of any member of our corporate group;
h) you are not self-excluded from gambling (whether directly with us or via any multi-operator scheme such as GAMSTOP) or otherwise be prohibited for any reason from gambling or from using the Websites and/or Games; and
i) you acknowledge and accept that by using the Websites and/or Games, there is a risk of losing money and that you are solely responsible for that risk and any losses.
4.2 Persons located outside the Permitted Jurisdictions are prohibited from using the Websites or Games. The fact that our Websites or Games may be accessible in another country does not constitute an offer or invitation by us for the use of the Websites/Games in any jurisdiction outside the Permitted Jurisdictions.
4.3 It is your responsibility to fully comply with laws concerning gambling in the jurisdiction in which you are located.
5. Account Verification and Due Diligence
5.1 We are required to undertake certain checks to comply with our legal and regulatory obligations – for example to verify your age, identity, address, location, financial circumstances, and the source of the funds you deposit and use – and we may also undertake other credit, fraud prevention and verification checks (together, “Verification Checks”).
5.2 The following information must be provided during the Account registration process:
- valid mobile number;
- date of birth;
- first and last name;
- full residential address;
- valid email address; and
- a chosen password.
5.3 We will try to conduct our Verification Checks electronically where possible, but if we are unable to do so, or if the check is inconclusive, we may ask you to provide us with further information and/or supporting documentation to enable us to carry out these Verification Checks from time to time. For example (but without limitation):
Acceptable documents for identity verification:
- Valid Passport.
- Valid Driving Licence.
- National ID card.
Acceptable documents for address verification:
- Front page of a bank / credit card statement*.
- Front page of a utility bill (gas, electricity, water, phone, council tax)*.
- Letter from HMRC or DWP*.
* Documents must be dated within the last three months.
5.4 Acceptable documents for source of funds:
- Proof of income e.g. bank statement showing regular (i.e. salary or rental income) payments into the account used for payments with Tombola.
- A savings declaration (i.e. a bank statement or investment portfolio statement showing overall disposable amount on the account used for payments with Tombola).
- Proof of winnings from another gambling operator as shown in the Player’s bank account which are used for playing with tombola.
5.5 By registering for an Account, you acknowledge and agree that we may conduct any Verification Checks that we reasonably require, both during Account registration and, if applicable, at any time afterwards. As noted above, you must enter all mandatory information requested during Account registration, all of which must be true, complete and correct. You agree to promptly provide us with any information we may reasonably require, in the form we require it, in relation to such Verification Checks.
5.6 You agree to provide all such information/documentation as we reasonably require from you, in the form that we require it, from time-to-time. Until we have received all requested information/documents and completed our Verification Checks to our reasonable satisfaction, we will restrict or place limits on your Account in any manner that we reasonably deem appropriate, including by preventing you from accessing the Websites and/or Games, entering into any transactions via the Website, or from making withdrawals. If our Verification Checks cannot be completed to our reasonable satisfaction, your Account will be suspended and, ultimately, may be closed. We may also be required by applicable regulation and/or a relevant authority to withhold funds in your Account.
5.7 Underage gambling is a criminal offence. If we discover (after you've opened an Account) that you are under 18 years of age:
a) your Account will be closed;
b) any net losses incurred during the period you were underage will be returned to you;
c) all open bets will be void; and
d) we may make a report to the relevant regulatory or law enforcement authorities.
5.8 We may supply the information you have given us to authorised third parties to confirm your age, identity and registered payment details. They will check any details we disclose to them against any databases (public or private) to which they have access and will keep a record of that check.
5.9 We will process the personal information which you provide in connection with your registration in accordance with our Privacy Policy.
6. Account Security and How Your Funds Are Protected
Your Responsibility for Account Security
6.1 During Account registration, you will be assigned a unique username along with your own choice of password (together your “Account Credentials”). It is your responsibility to ensure that no-one else has access to your Account Credentials. All activity (including all stakes and other transactions) which takes place on/via your Account where your Account Credentials and/or other security information have been entered correctly will be regarded as having been made by you (except where our failure to exercise reasonable care has resulted in a third party obtaining your username, password or other security information) and you will be responsible for such activity, including for any losses incurred.
6.2 You should log out of your Account when you have finished playing. If you have reason to believe a third party may be in possession of your Account Credentials, you must immediately inform our Customer Services team immediately (see clause 24 below for contact details) and update such Account Credentials.
Forgotten Password
6.3 If you forget your password, you can reset it here.
6.4 You should change your password regularly. You must notify us as soon as possible if you have lost or forgotten your Account Credentials. You agree to inform us as soon as possible (by telephone, where possible) if you believe that your Account Credentials or other Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
Updating Your Payment Details
6.5 Players are responsible for keeping payment details provided at Account registration up to date. You can access and amend your own individual Account information by clicking on "Update Payment Details" in the "My Account" area of the Websites. Once a PayPal account has been used on the Websites, the registered PayPal account cannot be updated. If you have any questions please contact our Customer Services team (see clause 24 below for contact details), who will be pleased to help you. When updating your payment method, you must use a method that is registered to you for your sole use, and that you are authorised to use.
Interest on Player Account Funds; Tax
6.6 We are not a banking institution. Interest is not payable on monies held in Account. You are responsible for reporting or declaring any funds withdrawn, including winnings, if such reporting is required by local law, tax or other authorities.
Protection of Player Funds
6.7 We are required to inform Customers about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency. Details regarding the protection of customer funds can be found on the Gambling Commission of Great Britain website here.
6.8 We hold Customer funds separate from company funds in an independent trust account. This means that steps have been taken to ensure that Customer funds are repaid to Customers in the unlikely event of insolvency. This meets the GB Gambling Commission’s requirements for the segregation of Customer funds at the level: high protection. For more information about this level of protection, please see here.
Further Information - FAQs
6.9 Please refer to our FAQs page here for more information about Account security.
7. Duplicate Accounts
7.1 You may only have one Account with tombola for your sole use.
7.2 If we discover or have reason to believe that you have opened more than one Account, each such additional Account will be classified as a "Duplicate Account". If we discover that you hold one or more Duplicate Accounts, we will (in respect of each Duplicate Account):
a) close the Duplicate Account(s) or the original Account (as applicable), leaving you with only one Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all of your Accounts);
b) treat all bonuses and all winnings accrued from such bonuses obtained using the Duplicate Account, as void; and
c) void all future or unsettled wagers made on the Duplicate Account.
8. Deposits
Deposit Methods
8.1 You can deposit money into your Account to play the Games using Visa or MasterCard debit cards. 'tombola' will appear as a reference on your card statement. Please note credit cards are not accepted as a payment method.
8.2 You can deposit money into your Account to play the Games using Apple Pay, but first you must add your personal debit card on your Account and make your first deposit using card payment. After that, Apple Pay will be available to you for all subsequent deposits.
8.3 Existing customers with a PayPal account registered may continue to use this method. PayPal will show a transaction from TOMBOLA GIBRALTAR. A minimum deposit of £20.00 applies when using PayPal. PayPal will expire on your Account if you have not used it as a payment method within the last 6 months. Players who switch from PayPal to Visa or MasterCard debit cards will not be able to switch back to PayPal again.
8.4 All deposits will be made in Pound Sterling GBP (£), including within the Republic of Ireland. Any exchange rate and/or charges will be applied with your bank.
8.5 You can register a maximum of four payment methods on your Account (but you may only use one payment method as your ‘active’ payment method at any one time – see our FAQs for more information).
8.6 Deposits must be made by using a valid payment method, registered in your own name and which you are authorised to use.
8.7 tombola will not charge you for making deposits.
Minimum and Maximum Deposits
8.8 When you make your first deposit, the minimum amount you can deposit with a debit card is £10.00. From your second deposit you will be able to deposit £5.00 using a debit card or Apple Pay.
8.9 We have a minimum deposit of £10.00 if using a debit card or Apple Pay, and a minimum deposit of £20.00 if using PayPal. The maximum you can deposit at one time for all deposit methods is £300.
8.10 When you register your Account, we apply the sitewide ‘Net Deposit Limit’ – this is currently £300 weekly. This cannot be changed by a Player. Any subsequent deposits may not surpass this net deposit limit.
8.11 What are Spend Limits?
Spend Limits (as defined in clause 15 below) are the difference between total deposits and total withdrawals made each week.
Example: You have deposited £100 this week and have withdrawn £20. Your current spend amount would be £80. (Deposits - Withdrawals = Spend Limit).
For further information on Spend Limits, please see here.
8.12 When your Account balance exceeds £250, we will not accept any additional deposits.
9. Withdrawals
9.1 Funds may be withdrawn by you from your Account at any time provided that:
a) all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
b) we have completed our Verification Checks to our reasonable satisfaction (see clause 5 above). Where we have requested information from you to carry out these Verification Checks, any delay in providing this information may cause delay when withdrawing funds;
c) we are not required to withhold payments of your deposit and/or winnings by applicable law or regulation and/or have not been instructed to do so by a regulator; and
d) there is currently no ongoing, or completed (save where completed and decided in your favour), investigation:
- into an Error, Interruption or Malfunction involving any aspect of the Websites and/or Games that you have used (see clause 10 below); or
- where we have reasonable grounds to believe you have engaged in a Prohibited Activity which would entitle us to withhold funds in accordance with clause 13.5 below,
and in the case of (i) and (ii) above, you acknowledge and understand that, as we made clear in the “Important Note” clause at the beginning of these General Terms, we are ultimately entitled to void any affected transactions, withhold funds (including any winnings) and (in the case of illegal or Prohibited Activities) suspend and, ultimately, close your Account.
9.2 Withdrawal requests can only be made to your active payment method, either debit card payment, Apple Pay, Bank transfer or PayPal payment.
Minimum Withdrawals
9.3 The minimum Account withdrawal is £10 unless a Player is closing their Account. If a Player is closing their Account, they can request a withdrawal of the remaining balance. However, please note that the minimum withdrawal amount when closing an Account is £2.00. This represents a fee to cover our administrative costs in processing the withdrawal.
Changes to Your Banking Details
9.4 If any part of your debit or credit card number changes, including the issue number (where applicable) and expiry date, it is your responsibility to promptly inform us. Failure to do so may result in transactions being declined by your bank, building society or credit card company. We will not accept any liability or responsibility for transactions that are declined as a result of incorrect bank card details where you have failed to provide us with the changes to your details. Should your debit or credit card be lost or stolen, please contact your card issuer immediately.
Maximum Winnings Limits
9.5 As we made clear in the ‘Important Note’ at the beginning of these General Terms, maximum winnings limits apply to some of our Games and these limits apply regardless of stake (i.e., you will only be entitled to receive up to the maximum winnings limit of the applicable Game regardless of the amount of your stake). As maximum payout limits may vary depending on the particular Game, we strongly encourage all customers to check the limits set out in applicable Game rules.
Further Information - FAQs
9.6 Please refer to our FAQs page here for more information about withdrawals, including (but not limited to) arrangements for withdrawals via different payment methods.
10. Errors, Malfunctions, and Interruptions
10.1 We will always try to ensure the Websites and Games function as expected and will be free from error or malfunction. However, we cannot guarantee that the Games will at all times perform correctly. Various kinds of mistakes and errors can occur – technical, human and otherwise – and you understand and agree that we can only provide the Games to you, and you must accept them, in the condition that we make them available from time to time.
10.2 In this clause 10, we describe the things that can go wrong and the rights that we have in such events.
10.3 Below are some key definitions to help you understand this clause:
- A “Malfunction” refers to where an automated process fails to operate as designed or intended, for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, Game outcomes, winnings or cashouts are investigated and analysed retrospectively.
- An “Error” refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a promotion or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these. For example, a bet might be offered mistakenly at a price that is substantially out of the market; or a promotion designed to offer a £5 return might mistakenly advertise a £50 return; or the pay-tables advertised for a product may mistakenly fail to reflect the true payment configuration of the product.
- An “Interruption” refers to an interruption in a gambling transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster or unforeseen event.
10.4 Where any of the above occur, we will deal with them as described below, and it is important that you understand and agree to the following before you use the Games, as we made clear in the ‘Important Note’ at the top of these General Terms.
Malfunctions
10.5 If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant transaction and withhold the relevant winnings. This applies even if the relevant gambling product could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not. If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to.
10.6 Where any Malfunction is or becomes apparent or obvious to you or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Game/s immediately and will report it to our Customer Services team immediately (see clause 24 below for contact details).
Errors
10.7 In the event of an Error, the same applies as for Malfunctions, as set out above.
10.8 Where any Error is or becomes apparent or obvious to you, or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Game/s immediately, and will report it to our Customer Services team immediately (see clause 24 below for contact details).
Interruptions
Loss of Connectivity to Gaming System
10.9 Our priority is to ensure that we deal with Interruptions in a way that is fair and does not systematically disadvantage our customers.
10.10 For all tombola bingo Games and on the tombola arcade Games “Emoji”, “Scratch”, “Spin” (not “Pharaoh's Run” or “Pick a Card” bonus rounds) and “Flip” (not bonus rounds) Games, where an Interruption occurs after we receive notification of your gameplay, and where you can have no further influence on the outcome of the respective event or Game, the results of your gameplay will stand. Any winnings due will be paid into your Account.
10.11 For tombola arcade Games “Pick”; the “Pharaoh's Run” and “Pick a Card” bonus rounds in “Spin”; the “Flip” bonus rounds; the “Pick a Tile” bonus round in “Go”; and the “Pick a Cart” bonus round in “Cascade”, if for any reason (including an Interruption) an individual Player loses their connection to the Game server, you will not be able to continue your Game on that device until you re-connect to the internet. When you re-connect, your Game will resume where you left it.
10.12 Where an Interruption to a single-participant single stage Game occurs before an outcome has been generated, we will return your stake to your Account.
10.13 Where Games that have multiple stages or decision points are subject to an Interruption, we will take all reasonable steps to restore the Game to its last known state prior to the Interruption to enable you to complete the Game.
10.14 For Games with multiple participants (equal chance or otherwise) that are subject to an Interruption, we will deal with these as seems fairest to us (acting reasonably) on a case-by-case basis.
10.15 For Games that involve progressive jackpots that are subject to an Interruption, progressive jackpot values will be restored to their pre-failure state to the extent it is within our control.
11. Dormant Accounts
11.1 For the purposes of the Terms of Use, a “Dormant Account” means any Account which has not been logged in to for 24 months or more.
11.2 We will notify you via email at least 30 days before your Account is categorised as a Dormant Account to inform you about the upcoming dormancy, reminding you to log-in and withdraw any outstanding balance if you wish.
11.3 If (in accordance with clause 11.1) your Account is classified as a Dormant Account:
a) all bonus funds will be removed from the Account;
b) if there is no outstanding balance, your Account will be closed;
c) if there is an outstanding balance:
- we will make every reasonable effort to remit any outstanding balance to you using your last known payment details.
- if we are unable to remit any outstanding balance, we will apply an Account Maintenance Fee of £3.00 per month, (or the remaining balance, should the Account balance be under £3.00). This will be deducted in arrears at any time within 10 working days of the subsequent month.
- the Account Maintenance Fee shall be payable in respect of any Dormant Account, until such time as the Account becomes active again (see the point below) or has a nil balance. Once the Account balance is nil, the Account will be closed.
- you can login anytime within the Dormant Account process and your inactivity period will be reset resulting in no further Maintenance Fee charges. Any Maintenance Fees paid prior to becoming an active player again will not be refunded.
12. Prohibited Activities
12.1 You may only use the Website, Games, and your Account for lawful gambling in accordance with the Terms of Use. You may not engage in any activity which we define below as a "Prohibited Activity" and you acknowledge and understand that the consequences of you doing so, as we made clear in the "Important Note” at the beginning of these General Terms, will (depending on the particular circumstances) include the voiding of any relevant transactions, the withholding of any winnings, and the suspension and/or closure of your Account.
12.2 The following activities are prohibited (each a "Prohibited Activity"):
a) if you appear, in our reasonable judgement, to be depositing or withdrawing money or otherwise using your Account without genuine play and/or engaging in any other form of suspicious gameplay.
b) if you have deliberately or fraudulently opened one or more Duplicate Accounts;
c) if you are depositing monies from a payment method which does not match the name registered to your Account;
d) if you use the Websites, Games and/or your Account other than for your personal and recreational use;
e) if you deposit money into your Account which originates from any illegal activity/proceeds of crime, or any other illegal/unauthorised source;
f) if you provide incorrect, incomplete or misleading information while registering an Account or at any time afterwards (except where you provide any incorrect or misleading information in order to pass relevant age Verification Checks (which will be dealt with as described in clause 5.7 above));
g) if you allow or permit (whether intentionally or unintentionally) someone else to use your Account;
h) if we receive a “charge back” and/or a "return" notification via a deposit mechanism used on your Account;
i) if you deliberately make or attempt to make a transaction via the Websites when your Account contains insufficient cleared funds;
j) if you engage, or if we suspect (acting reasonably) that you have engaged, in any form of fraudulent or illegal activity (including but limited to money laundering or the financing of terrorism), cheating, collusion (including in relation to charge-backs), money laundering, exploitation of Errors, Malfunctions or Interruption, utilisation of software to gain an unfair advantage, or any other unlawful or improper activity;
k) if we discover or suspect (acting reasonably) that you have made use of a system (including machines, computers, software or other automated systems such as bots etc) designed specifically to defeat our gaming systems and/or circumvent reasonable verification processes and the checks and controls we have in place via the Websites;
l) if you are located in, or are seeking to access your Account from, any location outside of the Permitted Jurisdictions, either deliberately or accidentally, including if you are using a VPN to disguise your location;
m) if you are prohibited from using the Websites or Games by any term of your contract of employment or any rule of a professional body which applies to you;
n) if you become bankrupt, if you do not make payment of a court judgment on time, if you make an arrangement with your creditors, or if any of your assets are the subject of any form of seizure; or if analogous proceedings are brought in relation to you anywhere in the world;
o) if you abuse a Promotion or otherwise breach any of our Promotional Terms;
p) if you engage in any abusive, offensive or otherwise inappropriate behaviour towards other users of our Websites (e.g., during gameplay, via our chat functions, etc.) or towards our staff or representatives (including our customer services teams);
q) if you engage in automatic playing of Games by software or any other manipulation of the Games or your/another Player’s Account data;
r) if you engage in any tampering by way of hacking, use of viruses, manipulation of data, or use of insider knowledge in relation to the Websites and/or Games; or
s) if you breach the Terms of Use in any other serious way.
13. Suspension, Restriction or Closure of Your Account by Us
13.1 If we have reasonable grounds to suspect that you have engaged in any Prohibited Activity, we will suspend your Account without notification, and your Account will remain suspended while the matter is investigated. You agree to cooperate fully with any such investigation. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account. We will use reasonable efforts to undertake our investigation within a reasonable period, but you acknowledge that any delay on your part to respond to our information or other requests will affect our ability to do so.
13.2 If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Activity, we will restrict or close your Account. In these circumstances, your details may be also passed on to any applicable regulatory or law enforcement authorities, or any other relevant external third parties.
13.3 We may also from time to time be required by a competent authority to restrict, suspend or close Accounts for legal or regulatory reasons. Such restrictions, if applicable, may affect your use of your Account.
13.4 We are also entitled to close your Account at any time for any reason (and without the obligation to provide a reason) by giving you no less than 14 days' written notice.
13.5 Any balance in your Account at the time of any closure by us will be paid back to you, except that:
a) if you have engaged in illegal activity, we are under no obligation to refund to you any money that may be in your Account; and
b) if we discover or determine (acting reasonably) that you have participated in any Prohibited Activities then we will void any affected transactions, withhold all or part of your Account balance, recover from your Account deposits, pay-outs, bonuses and/or any winnings (if/as applicable) in each case that are attributable to those Prohibited Activities. If you have already withdrawn any sums which are attributable to Prohibited Activities, such sums shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you.
14. Our Liability
14.1 Nothing in the Terms of Use is intended to, or will, exclude or limit our liability for:
a) death or personal injury resulting from our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of your statutory rights as a consumer;
d) paying winnings properly owing to a customer, subject always to these Terms of Use; or for any other liability which we may not limit or exclude under applicable law.
14.2 As we made clear in the 'Important Note' at the beginning of these General Terms, we will not be liable to you under the Terms of Use, nor do we owe you a duty of care in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time, including those relating to so-called 'safer gambling' or 'social responsibility'.
14.3 Subject always to the paragraphs above in this clause 14, we are not liable under the Terms of Use for: (a) any loss that could not have been reasonably expected by you and us at the time you register for an Account, or at the time you enter into a transaction via the Websites (such as any loss of income, business or profits or any information which is lost or corrupted); or (b), separately, for any other damage or loss which is deemed or alleged to have arisen out of or in connection with your use of the Websites. In particular, but without limitation, we will not be liable for any damage or loss suffered or incurred by you or any third party as a result of:
a) any Error, Malfunction or Interruption;
b) our closure or suspension of your Account, or our taking of any other action, in accordance with the Terms of Use;
c) any use by you of the Websites, Games and/or your Account, including where you are in breach of the Terms of Use (including any Prohibited Activity on your part);
d) losses that were not foreseeable by you and us at the time of you first accepted the Agreement;
e) any incomplete, lost or delayed transactions (including as a result of technical failure), other than to the extent caused by our failure to use reasonable care and skill;
f) any damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our Services, except that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation;
g) the accuracy, completeness or currency of any information services provided by us or third parties via the Websites; or
h) any loss or damage that you may suffer because of any so-called ‘act of God’, including without limitation power failure, pandemic or epidemic, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, access delays or access interruption, data non-delivery or data miss-delivery, the unauthorised use of your security access details or any other delay or failure caused by a third party.
14.4 Subject to clause 14.1 above,
a) the Websites and Games are provided without specific warranties by us. In particular, we do not warrant that the material contained on the Websites, or any of the functions contained on the Websites or their servers will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material; and
b) our maximum liability to you or any third party for any matter arising out of or in connection with your use of the Websites, Games and or your Account will be limited to (where such liability relates to a specific transaction), the amount of the applicable stake made by you in respect of such transaction, or (for any other liability) £10,000.
15. Your Responsibility to Compensate Us
15.1 We are entitled to set off any amount on deposit in your Account against any amounts owed by you to us.
15.2 You agree to compensate us for any costs, charges or losses sustained or incurred by us arising from any Prohibited Activities engaged in by you.
16. Intellectual Property
16.1 Unless otherwise stated, we are the owners and authorised users of all intellectual property rights in all materials on the Websites and all its content including, without limitation, any and all Games and any and all copyright, trademarks, text, photographs, videos, logos, designs, codes, templates, specifications and any modification, improvements, enhancements thereof. These intellectual property rights are protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws. If you breach any of the terms, your permission to use the Websites shall automatically terminate and you must destroy any downloaded or printed extracts from the Websites.
16.2 tombola (as either owner or authorised licensee) retains, at all times, the copyright in all material contained within the Websites. The trademarks displayed on the Tombola Websites are the intellectual property of tombola. Use of any of tombola’s trademarks or works protected by copyright, without written permission, is strictly prohibited.
16.3 Any rights not expressly granted in these Terms of Use are reserved. All content and materials on the Websites are provided for your own personal usage, thus the reproduction, distribution, or commercial exploitation of such content or materials in any manner whatsoever without our express and prior written consent is prohibited. Any other use or reproduction of any such materials without our prior written consent will constitute a breach of these Terms of Use.
16.4 You are strictly prohibited from collecting any data from us by screen scraping or any other automated or manual collection. You shall not or allow others access to; transfer, copy, publish, distribute, display, adapt, transmit, record, broadcast, or stream any Websites material without seeking consent. Any unauthorised use of Websites material is strictly forbidden. Nor shall you exploit any such material on the Websites in part or full for commercial gain. It is also prohibited to use any data from the Websites without our prior written permission.
16.5 For the avoidance of any doubt, you may use the data available on the Websites, only as strictly required for your permitted personal purpose of availing of our service. We reserve the right to take such action as we consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of our data, or of the Websites.
16.6 We will not be responsible or liable for the content, accuracy, timing or reliability of any information, statement or services offered by third parties, advertising or otherwise posting information via our Websites (whether directly or via links to or from other websites or resources), nor do we endorse the contents of such advertisements or information. If you have any claim arising from the actions or statements of a third party, you agree to pursue such a claim only against that third party and not from us.
17. Closing Your Own Account
You can close your Account at any time. To close an Account please contact the Customer Service team (see clause 24 below for contact details) or use the self-closure option in your Account settings. On receipt of your request, we will respond within a reasonable time confirming closure of your Account, but you will continue to be responsible for all activity on your Account until such a time as closure of your Account has been confirmed to you by tombola. The remainder of your outstanding Account balance at the time of closure will be returned to you (subject to any rights we may have under the Terms of Use to withhold funds).
18. Responsible Play
Spend Limits
18.1 Players are able to set their own daily, weekly and monthly spend limits (collectively “Spend Limits”). To do this simply log in and go to 'My Account', and then click on 'Safe Play. You can set the following limits:
- Daily Spend Limits - minimum you can set is £10 - Maximum you can set is £300
- Weekly Spend Limits (Monday to Sunday) - minimum you can set is £10 - Maximum you can set is £300
- Monthly Spend Limits – Minimum you can set is £10 – Maximum you can set is £1500.
18.2 If you increase your Spend Limit, you must wait 24 hours, after which you must confirm the value increase, for its implementation. If you decline the increase, your Spend Limit will remain at the previously selected value.
18.3 If you have locked your limit into place, you will not be able to increase your limit until the lock period has elapsed.
18.4 If you decrease your limits they will immediately come into effect, regardless of any lock features.
18.5 For further details on our financial limits please see our safeplay page.
https://www.tombola.co.uk/my-account/safeplay
Stake Limits
18.6 You are able to set yourself a maximum amount that you would like to stake per single Game, on either the bingo or arcade site. We call this your ‘stake limit’. Once a Player sets a stake limit this takes immediate effect and will remain in place until you decide to change it.
18.7 Stake limit values on Bingo are:25p, 50p and £1.
18.8 Stake limit values on Arcade are:5p, 10p, 20p, 50p and £1.
18.9 Should you choose to turn off your stake limit, or raise the amount, a 24-hour cool off period will be applied before you may confirm the change.
18.10 You can also opt to lock your stake limit in place for a set period of time. Once you have locked your limits you will still be able to lower them at any time, but you cannot increase them until the lock period has ended.
Cooling Off
18.11 If you wish to restrict your gambling for a short period of time (from 24 hours and up to five months) you can do so by going to ‘My Account’ and ‘safeplay’. We will temporarily close your Account and you will not be able to access it. For further details on cool offs please see our safeplay page here.
Game Freeze
18.12 Game freeze gives you further control over the Games you play on the Websites. If you no longer wish to play a particular Game, you can freeze that Game. You can choose to freeze as many Games as you wish by ticking the box next to the Game you wish to freeze, within the ‘safeplay section on the Websites. To unfreeze a Game simply untick the box again (noting there is a 24-hour cool off in place before that Game can be accessed again). Game freeze does not remove access to the chat rooms.
Time keeper
18.13 You can manage the time you spend playing on the Websites by turning on the ‘time keeper’ functionality. This tool can be found on the ‘safeplay’ section of the Websites. The time keeper can be set to 1, 2 or 3 hours and you get notified when your chosen time period has expired. This notification provides you with the following three options:
- Continue to play;
- View transaction history; or
- Close your Game.
18.14 You can choose to increase/decrease or switch off time keeper at any time.
Self-Exclusion
18.15 At tombola, we want everyone to enjoy playing our Games. However, we do recognise that some Players wish to restrict their gameplay or even to stop playing altogether. We therefore provide a self-exclusion facility that allows Players to close their Account for a minimum period of six months, and up to five years (or permanently). To do this, simply log in and go to 'My Account', and then click on 'safeplay'. Alternatively, you may contact our Customer Support team directly by phone on Freephone - 0800 29 888 73. Our Customer Support team receive problem gambling and social responsibility training through our association with Gamcare.
18.16 When choosing to self-exclude, you will not qualify to receive any bonuses or promotions we may offer during your self-exclusion. Within two days of choosing to self-exclude, you will be removed from all our marketing databases, and will no longer be sent any further marketing material. No further marketing material will be sent until the self-exclusion period is over, and you have requested to return to the Websites. If you choose to permanently exclude yourself from tombola, this will be permanent, and we will never reactivate your Account for any reason. Please note that when applying any of the above safeplay tools, they always apply to all our Websites.
18.17 Once you choose to self-exclude, your Account will be closed for the duration of the selected period, and you will no longer have access to the Games or any of the features within “My Account”. We will return your remaining Account balance in accordance with our withdrawal policy. Once a request to self-exclude has been made the decision is irreversible. Please note that tombola maintains a register of all self-excluded accounts including payment methods and all self-exclusion agreements, for the duration of the self-exclusion.
18.18 If you choose to self-exclude from and including 17th December 2024 (the “Commencement Date”) with tombola, Paddy Power, Betfair, Sky Betting and Gaming and/or PokerStars, the self-exclusion will be replicated on any other accounts you hold with the above operators, without any further reference to you, providing we can match the account details with those on the self-excluded account. Where you are self-excluded with one of the above brands and an account with another operator is matched or registered after the Commencement Date, any active self-exclusion (including those placed before the Commencement Date) will be replicated at that stage or as soon as reasonably possible. Should you believe that your account has been incorrectly matched resulting in an erroneously applied self-exclusion, please contact our customer service team. In any event, we recommend that you separately seek a self-exclusion to any account(s) you hold with these operators.
18.19 If you choose to self-exclude on the Website, we recommend that you also self-exclude from all other gaming sites that you hold accounts with. Software is available which can prevent your computer or mobile devices from accessing gambling sites. Further information about these tools can be found here:
- Netnanny www.netnanny.com
- Cyberpatrol www.cyberpatrol.com
18.20 If you are considering a self-exclusion, you may wish to register with GAMSTOP. They offer a free service that enables you to self-exclude from all UK-licensed gambling companies provided your registered details with GAMSTOP match the details registered with the individual operator. To find out more and to sign up with GAMSTOP please click on the GAMSTOP logo at the bottom of our Websites or visit www.gamstop.co.uk/.
18.21 Please note: we cannot be held responsible for any loss that you may suffer as a result of an act or omission of GAMSTOP. If you have any problems with the GAMSTOP service, then please contact them directly.
18.22 During a self-exclusion agreement, we will employ reasonable automated checks to endeavour to ensure that Players can no longer transact with their tombola Accounts. However, if you have self-excluded, you must not attempt to gamble with us, and we cannot be responsible or liable for any subsequent consequences or losses (howsoever caused) that you may suffer or incur if you continue gambling through additional accounts where you have altered any of your registration details or you provided misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion and its control mechanisms.
18.23 If you choose to reopen your Account once the self-exclusion period has ended you will be required to contact the Customer Support team via telephone. A 24-hour cooling off period is applied before your Account can be re-activated. During the 24-hour cooling off period you can still cancel the reactivation.
18.24 If you choose to self-exclude for any period between six months to five years and decide to return when this time period has elapsed, your Spend Limit will default to a maximum of £300, locked in place for a minimum of 24 hours. If your existing Spend Limit is less than £300, it will remain in place. If your existing Spend Limit is greater than £300, then the 24-hour minimum will remain in place. A personal Spend Limit is always preferable to ensure the limit is manageable to an individual.
19. Complaints Procedure
How to Complain
19.1 If you wish to make a complaint, please get in touch with us at support@tombola.co.uk, by calling FREE phone 0800 29 888 73, or by writing to us at our UK address:
Tombola Ltd
Tombola house
Sunderland
Tyne and Wear
SR1 2JR
19.2 Most concerns, complaints or potential complaints can be solved by talking to a member of our Customer Service team.
19.3 If our Customer Service team cannot resolve your complaint, you may ask for your complaint to be escalated to our Customer Service Team Leader. You will receive an email acknowledgement of your complaint within 24 hours. The Customer Service Team Leader will investigate your issue further and respond within 14 working days depending on the complexity of the complaint.
19.4 The overall timeframe in which our Customer Service team will deal with your complaint will be a maximum of eight weeks, starting from when you lodge the complaint.
19.5 If you still feel that your query is not resolved, you may ask for your complaint to reviewed by our Customer Service Manager.
19.6 The Customer Service Manager will independently review your complaint and provide you with the next steps, which usually involves reporting the issue to the relevant department and providing a final response. Please allow at least 14 working days to receive a response, depending on the complexity of the complaint.
19.7 If you are still not satisfied with the outcome you may escalate the matter externally to the Independent Betting Adjudication Service (IBAS), an independent external dispute resolution body.
19.8 IBAS acts as an impartial adjudicator on disputes that arise between betting / gambling operators and their customers, after they have been through the operator's own internal dispute procedures. The IBAS panel of betting experts apply their specialist knowledge to the facts and will adjudicate by reference to these Terms of Use but do not rule on complex legal issues. As well as offering effective dispute resolution procedures, IBAS also check that we have complied with the standards set by the appropriate regulatory bodies and with the IBAS Terms and Conditions of registration.
19.9 IBAS can be contacted at www.ibas-uk.com or via telephone on +44 (0)207 347 5883 or via post at IBAS, PO Box 62639, London EC3P 3AS.
19.10 You may refer a dispute to IBAS at any time following the conclusion of our review of the dispute, so long as this is within six months of the date when the dispute arose.
19.11 Without prejudice to any legal rights, IBAS rulings are binding on both parties to a dispute, on the understanding that full facts are presented by all the parties involved.
20. Promotions
20.1 We may offer certain Promotions via the Websites from time to time. All Promotions are subject to these Terms of Use, which, as explained in clause 2.2 above, includes the Promotional Terms.
20.2 We may prevent the take-up of new Promotions and/or the completion of Promotions for regulatory reasons including those relating to safer gambling.
21. You Personal Data
We will process information about you in accordance with our Privacy Policy.
22. Definitions
In these Terms of Use, you will see certain capitalised words being used. These capitalised words are ‘defined terms’ – this means that they have specific meanings. When you see a defined term with quotation marks around it and in bold, it will be accompanied by its specific meaning (for example where we have defined the “tombola” in clause 1.1 above) and wherever else that capitalised defined term is used it will carry the same specific meaning.
23. Other Important Legal Terms
Third Party Linking:
The Websites may contain links to third party websites. Any links to third party websites do not constitute an endorsement by Tombola of any products or services available on or via such websites. You use such websites at your own risk and Tombola takes no responsibility for the content on, or use of, such websites. Transfer and Assignment
23.1 We may assign, transfer, charge or otherwise deal with our rights and/or obligations under the Terms of Use. You agree that we are free to do so provided that this will not prejudice your rights under Terms of Use. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under Terms of Use to another company within our corporate group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under Terms of Use will be against the new legal entity. "Transfer" for these purposes includes where we assign or novate all of the rights and obligations under this Terms of use to another person, and that other person shall become the person with whom you then contract for the provision of the Websites and Games to you.
23.2 You may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms of Use without our prior written consent.
Severability
23.3 If any provision of the Terms of Use is held to be invalid, void or unenforceable by any competent authority, that provision will be, to the extent strictly necessary, severed from the remaining Terms of Use and that determination shall not affect the validity of the remaining provisions of the Terms of Use. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in the Terms of Use.
Waiver
23.4 No failure or delay by us in exercising any right under the Terms of Use will operate as a waiver of such right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of such right or the exercise of any other right.
Notices
23.5 Notices and other communications delivered or mailed to the postal address or to the email address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
Governing Law
The Terms of Use and any claims or proceedings arising out of or in any way relating to the Services or the Terms of Use shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, provided that such choice of law and jurisdiction will not deprive you of any mandatory consumer protections of your home country (if different).
Interpretation
23.6 In the event of any conflict or inconsistency between the terms and conditions and other rules comprising these Terms of Use (see clause 2.2 above), the order of precedence shall be as follows:
a) these General Terms;
b) Standard Promotional Terms and Conditions;
c) Individual promotional rules; and then
d) Any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
24. Getting in Touch With Us
You can contact our Customer Services team 24/7 via Live Chat on the Websites or by emailing support@tombola.co.uk.