Terms and Conditions

GENERAL

These General Terms and Conditions (“Ts & Cs” or “Agreement”) constitute and govern the contractual relationship between the parties herein, KGL Technology LTD” a limited liability company incorporated under the laws of Republic of Ghana with registration number CS053202020 (which expression shall where the context so requires, includes its representatives and assigns) and "You", as the user and customer of NLA 5/90 Online Lottery (USSD, Web and Mobile Applications).

DEFINITIONS AND INTERPRETATIONS

In these Ts & Cs, the following words and expressions shall have the meaning set forth herein:

“Debited Amount” shall mean the amount deducted from the Player’s mobile money wallet and or account to play the Game as initiated by the Player.

“Game” shall mean the NLA 5/90 Online Lottery played either through USSD, Web and Mobile Applications’

“KGL”, “We”, “Us”, or “Our” shall mean KGL Technology LTD, the authorised licensed operator of NLA 5/90 Online Lottery (USSD, Web and Mobile Applications) and an Online Lotto Marketing Company;

“National Lottery Authority” or “NLA” means the regulatory body in Ghana responsible for organizing raffles and lotteries in Ghana, in accordance with the National Lottery Authority Act, 2006 (Act 722) and the Lottery Regulations 2008 (L.I. 1948);

“Player”, “You” or Yours means any individual or entity that expressly or impliedly agrees to all these General Terms and Conditions when dialing *959# or accessing wwww.590mobile.com.gh or via any other digital medium to play NLA 5/90 game.

“Stake” or “Amount Staked” shall mean seventy-five (75%) of the Debited Amount.

These Ts & Cs outlines the responsibilities of KGL and NLA in respect of the gameplay channels; bears and covers the governing rules for Players, user requirements, applicable user rights, user responsibilities and gameplay restrictions associated with the Game.

By accessing the 5/90 shortcode on *959# via any connected mobile handset and thereafter playing the Game via USSD, Mobile and Web Applications, the Player acknowledges to have read and understood the governing rules of the Game and accepts to be bound by these Ts & Cs of the Game.

GAME DETAILS

The Player acknowledges that the Debited Amount shall be subject to platform operational costs (telecommunications and technical platform services) at a rate twenty-five percent (25%). For example, where the Debited Amount is GHS1.00, GHS 0.25 shall be used to cater for platform operational costs and the Amount Staked for the Game shall be GHS0.75.

The winning multipliers for the various Games will be as follows:

Game	Stake x Multiplier	“Debit Amount” (DA) x Multiplier
Direct 1	“Stake” x 53.3 =	“DA” x 40
Direct 2 (2 Sure)	“Stake” x 320 =	“DA” x 240
Direct 3	“Stake” x 2800 =	“DA” x 2100
Direct 4	“Stake” x 8000 =	“DA” x 6000
Direct 5	“Stake” x 58666.6 =	“DA” x 44,000
Perm 2	“Stake” x 320 =	“DA” x 240
Perm 3	“Stake” x 2800 =	“DA” x 2100
Banker	“Stake” x 1280 =	“DA” x 960

The examples below clarify further the table above:
For a “Debited Amount” of GHS1.00 from a Player’s wallet/account:
The Player shall win GHS 40.00 for “Direct 1”, GHS240.00 for “Direct 2 (2Sure)”, GHS2100 for Direct 3, GHS6,000.00 for Direct 4, GHS44,000.00 for Direct 5, GHS240.00 for Perm 2, GHS2100.00 for Perm 3 and GHS 960.00 for Banker

For a “Debited Amount” of GHS10.00 from a Player’s wallet/account:
• The Player shall win GHS400.00 for “Direct 1” and GHS2400.00 for “Direct 2” , GHS21,000 for Direct 3, GHS60,000.00 for Direct 4, GHS440,000.00 for Direct 5, GHS2,400.00 for Perm 2, GHS21,000.00 for Perm 3 and GHS 9,600.00 for Banker

Two draws are held from Monday to Saturday (Noon Rush) & (Original 5/90 draw) and one draw on Sunday.
NOON RUSH
The Game allows Players to select at least one out of ninety balls numbered 1-90 A draw is held at 1pm of each day of the week except on Sundays and statutory holidays to randomly select 5 out of the 90 balls. If the numbers on the 5 selected balls match any of the numbers selected by the Player at the time of play, he is a winner. The daily draw games are Monday Noon Rush, Tuesday Noon Rush, Midweek Noon Rush, Thursday Noon Rush, Friday Noon Rush and National Weekly. It opens from 7:40 p.m each day to 12:55 p.m the following day.
ORIGINAL 590
The Game allows Players to select at least one out of ninety balls numbered 1-90 A draw is held at 7.30pm from Monday to Saturday and 6pm on Sundays. Draws are done each day of the week except on statutory holidays to randomly select 5 out of the 90 balls. If the numbers on the 5 selected balls match any of the numbers selected by the Player at the time of play, he is a winner. The daily draw games are Monday Special, Lucky Tuesday, Midweek, Fortune Thursday, Friday Bonanza, National Weekly, and Sunday Aseda. Each game opens from 1:00 p.m to 7:10 p.m every day except for Sunday Aseda which opens from 7:40 p.m Saturday evening to 5:55 p.m on Sunday.

The variations of games to play each day are below:

Direct-1: - The first number drawn is called the 1st Winning Number. (For example, if a Player selects number 45, he wins if 45 is the first number drawn);

Direct 2: - Any two numbers out of the 5 winning numbers to be drawn. (For example, if a Player selects 37 and 17, he's a winner if 37 and 17 are among the 5 numbers drawn);

Direct 3: - Any three numbers out of the 5 winning numbers to be drawn. (For example, if a player selects 21, 48 and 83, he's a winner if 21, 48 and 83 are among the 5 numbers drawn);

Direct 4:- Any 4 numbers out of the 5 winning numbers to be drawn. (For example, if a player selects 21, 48, 83 and 45, he's a winner if they are among the 5 numbers drawn.);

Direct 5: - All 5 numbers chosen must be winning numbers. (For example, if a Player selects any 5 numbers from 1 to 90, and all 5 numbers are drawn, then he is a winner;

Perm-2: - This is basically selecting more than 2 Numbers and combining them in sets of 2. If a Player selects numbers 10-20-30, Perm2 will give combinations of (i) 10-20, (ii) 10-30 and (iii) 20-30. Here, the winning pattern is the same as Direct-2;

Perm 3: -This is basically selecting more than 3 Numbers and combining them in sets of 3. If a Player selects numbers 10-20-30-40, Perm3 will give combinations of (i) 10-20-30, (ii) 10-20-40, (iii) 10-30-40 (iv) 20-30-40. Here, the winning pattern is the same as direct-3;

Banker 1 against all: - This is selecting one number and pairing it with the rest of 89 numbers. (that is, any number selected becomes the Banker number to be paired against the 89 remaining numbers). This banker must be one of the 5 winning numbers in the draw.

Players of the Game must ensure that a specific 5/90 game is selected and played before the draw for that game day. The Player shall ensure that the numbers played, the value of the stake, the date of the draw and ticket number of e-ticket generated are visible on the said e-ticket generated by the 5/90 Mobile platform.

REVISIONS TO TERMS AND CONDITIONS

KGL and/or NLA reserves the right to effect changes to these Ts & Cs and the gameplay mechanics at any time it deems fit and without prior notice to the Players. Update to the Ts & Cs will be reflected via in-game play (USSD *959#, Web and Mobile Applications) or respective online channels website and/or social media handles of regulator (NLA) and/or digital service provider (KGL). Player’s continued use of the Game via the respective gameplay channels indicates Player’s acceptance of changes.

COPYRIGHT

All Game contents contained in either gameplay, communication materials, related software or hosted on third-party platforms, is and remains the property of KGL and/ or NLA and their respective affiliates or strategic partners and are subject to copyright laws. None of the content may be reproduced, published, transmitted, distributed, displayed, modified or exploited in any way, in whole or in part without the prior written consent of KGL and/or NLA and their respective affiliates or strategic partners or unless authorized under these Ts & Cs.

TRADEMARKS

The name "5/90 Mobile", and all associated lottery game names and references, as well as the technical platform, related software and all other graphics and logos displayed across all communication channels/platforms remain the sole property or have been licensed for use by the NLA and without the express prior written permission of the NLA, may not be used at any time in any form (including but not limited to advertising, as an endorsement for any product or service, or any other purpose, commercial or otherwise).

LINKS

KGL and/or NLA may, from time to time, provide referral links or drive awareness for prospective players to access the USSD short code *959# to play the 5/90 Mobile Game or to access the Game via other gameplay channels. KGL and the NLA is not responsible for the activities of other unauthorized links or any communication material content not sanctioned by the NLA or its affiliates.

KGL and/or NLA, and their affiliates provide these links only as additional resources for its Players and make no representations regarding the content of any linked web site, short code (except *959#) or any companies that own, control or manage these channels. Consequently, KGL and/or NLA, and their affiliates will not be, in any way or form, responsible for the accuracy, relevance, copyright compliance, legal conditions or decency of material contained in, programs used by, or services or products offered by, external channels not sanctioned by the KGL and/or NLA, and their affiliates.

SMS / ADVERTISEMENTS

KGL, on behalf of the NLA, shall provide SMS based messaging services to notify users on all transactions performed on the NLA USSD based 5/90 Mobile via *959#.

Promotional activities via SMS (text messages), traditional media (TV, Radio, Billboard, Online, Social Media among others), below the line activations and other advertising channels will be employed to promote the daily Games. The Player by playing the Game acknowledges and accepts to receive all communication and promotional content governing the gameplay.

FEEDBACK

Any comments or materials sent or transmitted, including but not limited to, via electronic mail, standard mail, social media post, phone calls, SMS (text messages) or other communication channel regarding any content or information found in respect of the Game, including, without limitation, data, questions, comments or suggestions (collectively referred to as “Feedback”), which will not be treated as confidential, will become Our property and may be subject to disclosure under applicable laws.

We do not have an obligation of any kind with respect to Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, distribute, and create derivative works from Feedback.

SECURITY OF NLA 5/90 MOBILE GAME USSD

Kindly be advised that the security of the USSD gaming portal hosted by KGL on behalf of the regulator (NLA) and its affiliates including telecommunications networks is secure and all mobile transactions and player data is encrypted ensuring gameplay security.

However, please also be advised that KGL, NLA and their associates cannot accept and are not responsible for any unauthorized access to your phone that results in gameplay on the NLA 5/90 Mobile Game via USSD *959# short code and mobile money transactions.

NLA 5/90 Mobile Game shall take steps to preserve the privacy of personal information and gameplay security, kindly review the NLA 590Mobile Privacy Policy for more information about how KGL handles personal information.

ELIGIBILITY

The Game is restricted to Players above the age of 18 years, physically present in the Republic of Ghana while playing the game and owning mobile money accounts linked to the same phone used in playing across any of the local mobile networks (i.e. MTN, Vodafone, AirtelTigo).

Dialing *959# to purchase a ticket/stake and playing the Game on any handset or device indicates Your understanding of all the rules and regulations of the Game and Your consent to be bound by these Ts & Cs. We reserve full rights to change any terms and conditions without prior notice and Players will abide by the same.

INDEMNITY

Players shall indemnify and hold harmless KGL, its affiliates, strategic partners (and their respective directors, officers, agents, Games Service Providers and employees) from and against any and all losses arising out of, relating to or in connection with the Game, except to the extent any such loss arises from KGL’s intentional breach, fraud, gross negligence or willful misconduct.

DRAW RESULTS

The Game draws shall be in accordance with Regulation 21 of the Lottery Regulations 2008 (L.I. 1948).

THIRD-PARTY CHARGES & OMISSIONS

Transaction Charges – when depositing or withdrawing money from the NLA Mobile Player wallet, Players may be charged per transaction based on the payment channel used. A Player shall bear the cost of transaction from these payment channels.

Third Party Omissions – We are not liable for transmission errors and the Player shall have no claims for compensation due to any transmission errors, delays, or the misuse or manipulation of data.

GOVERNING LAW AND JURISDICTION

These Ts & Cs shall be governed by and interpreted in accordance with the laws of the Republic of Ghana.

Any dispute, controversy, claim, or difference arising out of, or in connection with, or resulting from these Ts & Cs in respect of its application or interpretation, or a breach thereof, which cannot be settled amicably by the parties within thirty (30) days of its occurrence, shall be resolved, for all purposes in connection with this Agreement, by the exclusive jurisdiction of the courts of Ghana.

FORCE MAJEURE

KGL shall not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemics (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.

OTHER TERMS AND CONDITIONS

Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity which is the basis of a pay out or otherwise on the part of the Player will render the Player’s account inactive along with any and all profits or losses gathered.

Any suspicious or fraudulent transactions will be immediately reported to the relevant authorities.

KGL shall treat as highly confidential the information the Player entrusts to it, in accordance with its Privacy Policy.

The waiver by KGL of any of its rights or remedies or of any breach by the Player under these Ts & Cs in a particular instance shall not be considered as a waiver of any other or the same or different rights, remedies, or breaches in any other or subsequent instances.

By Playing the Game the Player is acknowledging that he or she is at the risk of losing money. It is the Player’s sole responsibility to assume any losses suffered as a result of staking this Game. All transactions have to be processed in accordance with Ghana’s anti-money laundering regulations.

KGL reserves the right, in its sole discretion, to void any winnings, to terminate these Ts & Cs, to refuse, cancel the services, and/or refuse to distribute profits to anyone for one or more of the following reasons:

The Player provides incorrect or misleading information on his/her mobile money account;
The Player has neglected or has failed to provide the required identification documents;
The Player provides documents which do not match with the data from mobile money account data;
The Player uses or accesses the game from a jurisdiction in which the game is deemed to be illegal activity according to applicable law;
The Player uses money gained through criminal, unauthorized or other illegal activities to play the Game;
The Player is not of legal age (below 18 years);
The Player has defrauded or attempted to defraud KGL or any other part. This includes defrauding through the use of software, techniques, computer, machines or similar tools or the establishment of a syndicate of players in order to defraud or to cause damage to KGL, its Players or any other party;
The Player has allowed or permitted access to a third party to use his mobile money account to attempt to defraud or to cause damage to KGL, its Players or any other party.

For the purpose of the provisions under this sub clause 16.7, KGL shall make no exception for intentional and unintentional actions of the Player.

The list of reasonable grounds above is not exhaustive.

The Player expressly authorizes KGL to make payment of wins directly to mobile money account used by the Player to stake the Game and shall hold KGL harmless of any loss or problems arising out of payment of wins to this mobile money account used by the Player to stake the Game.

The term of these Ts & Cs shall be for an indefinite period subject to future amendments and should the Player wish to terminate these Ts & Cs at any time, he/she may discontinue from staking the Game.

STAKE LIMITS

The stake limits are as follows:

The minimum stake or play is: One Ghana Cedi (GHS 1.00).
The maximum stake or play is Two Hundred Ghana Cedis (GHS 200.00).

COMMITMENT TO DISCUSSIONS

In the event of any dispute in respect of the Game or the payment or award of any Game winnings, KGL may withhold payment of the Game winnings until any dispute has been fully resolved.

MISCARRIED AND ABORTED GAMES/STAKES

KGL shall take every precaution to avoid as much as possible, any technical anomaly or problem. KGL, Our suppliers and/or licensors shall not be liable for the following:

any downtime, server disruptions, lagging, or any technical or political disturbance to the gameplay. Refunds for any losses resulting from the foregoing shall be at the discretion of KGL;
any damages or losses which are deemed or alleged to have arisen out of or in connection with Our website game play channel or its content, including and without limitation to:

Delays or interruptions in operation or transmission;
Loss or corruption of data;
Communication or lines failure;
Any site or content misuse;
Any errors or omissions in content.

All valid stakes shall be refunded to Players where a lottery draw does not take place at NLA. If Your game miscarries because of a failure of the system, We shall refund the amount wagered in Your game at our discretion by crediting it to Your mobile money account or, if Your mobile money account no longer exists, by paying it to You directly, in an approved manner.

PRIVACY POLICY
By staking the Game with KGL, the Player implicitly gives his authorization to the processing of any personal data in compliance with the privacy laws in force in Ghana for the use of the mobile or online lottery or games or betting offered by KGL.

The supply of data to third parties is on an ‘opt-in’ basis. By staking the Game with KGL and through the voluntary interaction Players undertake with KGL products on behalf of NLA, the Player confirms and agrees that they consent to the use of all or part of the information they supply, the transactions they undertake through it and the interactions which they perform with KGL and on behalf of KGL.

All interactions the Player undertakes with KGL via the Game will be stored by KGL for the purposes of record keeping and as such may be employed by KGL in such cases where disputes on Game play and Game related transactions arise between Players and KGL.

KGL shall do its utmost to ensure the confidentiality of its Players’ personal information including the implementation of data protection procedures designed to ensure user confidentiality.

KGL shall ensure that its data protection policy is regularly updated in order to ensure that the Player's personal data is protected in accordance with the Data Protection Act, 2012 (Act 843). From time to time, KGL or its authorized representatives may contact Players either via phone or SMS for the purpose of offering them updated information about KGL and the Game.

In addition, KGL or its authorized representatives may, on occasion, seek to contact Players, either by phone or SMS, for the purpose of informing them on unique promotional offerings provided by KGL for its Players. By consenting to these Ts & Cs, the Players consent to receiving such information on unique promotional offerings. Any Player wishing to opt-out of further contact with KGL shall contact customer support helpline by dialing 0596921590 or following prompts in promotional SMS.

The Player acknowledges that KGL may be required by law or relevant authorities to disclose data of Players.

KGL shall report any suspicious or fraudulent activities immediately to the relevant authorities, including but not limited to the respective regulatory parties and operational partners

KGL reserves the right to publish the name of a Player who wins a significant amount. Consequently, by agreeing to these Ts & Cs, You are hereby agreeing to have your first name and the first letter of your surname published on Our website and/or through social networks in the case of significant wins.

KGL shall not disclose your full name in public unless we receive your authorization to do so as part of the prize awarding ceremony.

COMPLAINTS

All complaints or issues associated with playing the Game should be addressed to Our customer service support p by dialing 0596921590 and detailing the nature of the complaint or issue.

Our customer service representatives shall address and resolve complaints instantly or escalate to appropriate units or parties for it to be resolved. There are no time limits for resolving Player’s complaints.

SEVERABILITY CLAUSE

Each clause contained in these Ts & Cs shall be separate and severable from each of the others. If any clause is found to be void, invalid, or unenforceable for any reason whatsoever, the remaining clauses shall remain in full force and effect.

DECLARATION BY PLAYERS

I am 18 years old or older. I am physically present in the Republic of Ghana while playing the Game. I have understood all rules and regulations of the Game and agrees with these Ts & Cs. I acknowledge that KGL and/or the NLA has the full rights to change any term or condition without prior notice to me and I will abide by the same.

The Game is available to, and may only be used by individuals, who can enter into legally binding contracts under the laws of the Republic of Ghana. I certify that I qualify and meet these requirements. In all circumstances, KGL shall not be held responsible for misuse of the services by any unauthorized parties or minors.

KGL may amend and/or assign these its obligations and rights under these Ts & Cs to from time to time. Any changes to these Ts & Cs will be communicated to the Player beforehand by prompting the Player to re-accept the Ts & Cs prior to a stake of the Game. By continuing to stake the Game, the Player agrees to be bound by the Ts & Cs as well as well as future modifications to it. A Player shall not use or access the Game platform (s) and/ or place a stake of the Game where the Player does not agree these Ts & Cs or any further modifications thereof.

For ease of access to these Ts & Cs, the Players may print these Ts & Cs and any modifications thereof for their records.