Terms and Conditions
Introduction
1.1 These terms and conditions govern your Registration with and Membership of Destinywins.com, the Account with Destinywins.com which we will open in your name if we accept your Application for Registration, and all aspects of your transactions with us.
1.2 Applications to join Destinywins as a Member are only available from the Registration pages, Members are not able to join Destinywins via any other method. The Destinywins Registration page for Members to apply for membership is available here:
1.3 It is a requirement of submitting an Application for Registration to become a Member of Destinywins that you read carefully, and agree to, these Terms and Conditions and our Privacy Policy available here:
1.4 By submitting an application for membership, you are acknowledging that you have read, understood and accept, and that you will be bound by, all of these Terms and Conditions if we accept your Registration. Registration occurs when we accept your Application for Registration.
1.5 Upon Registration, you will become a Member of Destinywins.com.
1.6 We strongly advise that you seek expert legal advice in the jurisdiction in which you are located should you require assistance with, or explanation of, any of these Terms and Conditions.
1.7 When you apply to join Destinywins.com, you are making an offer to us to enter into an agreement with you on these Terms and Conditions.
1.8 If and when we accept your application, we are accepting the offer you have made to us in Fiji. You are deemed to receive notification of that acceptance in Fiji and an agreement between you and us is formed in Fiji based on these Terms and Conditions and governed by the laws, and subject to the jurisdiction, of the courts of Fiji.
1.9 Every time you offer to make a Ticket Purchase from us, you are doing so in Fiji, pursuant to these Terms and Conditions and we are accepting that offer in Fiji, unless you are a Member residing in another country.
1.10 If you are a resident of a country other than Fiji, clauses 19.1 to 19.2.2 apply to your membership.
Definitions
Autoplay Ticket means the offer to purchase a Ticket into each draw of a selected Lottery, which continues automatically until cancelled by the Member, or the Member’s Destinywins Account has insufficient funds to complete the ticket purchase.
Cut-off Time means the time which Destinywins stops receiving offers to purchase Tickets from its customers for individual lottery draws. The Cut-off Time for every draw is published on the Destinywins website.
Identity Verification Procedures means the set of procedures Destinywins requires Members to complete in order to verify their identity. For more detailed information see:
Lottery means a lottery product into which Destinywins sells entries.
Lottery Game Rules means the set of rules published by Destinywins and approved by the relevant regulatory bodies which dictate how licensed lottery games Destinywins sells to its Members operate.
Member means an individual who has completed the registration procedure available at the Registration Page to Destinywins Lottery’ satisfaction and has an Destinywins Account.
Destinywins means the websites and associated business conducted via those websites by ASAS Consulting Pte Ltd, available at the following locations:
Destinywins Account means the password protected section of the Destinywins website accessible only by the Member. Access to Members Destinywins Account is available at the following locations:
Purchase means the purchase of a Ticket/Tickets into a lottery product by a Member of Destinywins using the Destinywins website or related app.
Registration Page means the webpage on the Destinywins website on which the application forms that individuals must complete to register to become a Member are available. The Registration Page is available at the following location:
Registration and Application for Registration have corresponding meanings.
Ticket means an entry into a Lottery.
Disclaimer
3.1 The laws applicable in your location or place of residence, domicile or nationality may prohibit you from making Purchases from us. Some jurisdictions have laws which entirely prohibit you from making Purchases from us, other jurisdictions have laws which prescribe minimum age requirements for making Purchases from us, and other jurisdictions have laws which operate in other ways to prohibit or restrict you from making Purchases from us.
3.2 We do not wish to violate any such law nor to allow you to make Application for Registration or to make Purchases from us where your doing so would violate any such law. If you are located in or are a resident, domiciliary or national of any jurisdiction where you are subject to any such law, you must not make an Application for Registration or Purchase from us. You must make your own enquiries, and satisfy yourself, before you make an Application for Registration or make any Purchase, that your doing so will not violate any such law.
3.3 The minimum age requirement for joining Destinywins.com, Fiji is 18 years; however, in your jurisdiction, the minimum age may be lower or greater than 18 years.
3.4 When you make Application for Registration and each time you offer to make a Purchase from us, you warrant that you are legally entitled to apply for Registration, to deposit funds with us, to make Purchases and to receive winnings from us, and that your Registration as a Member, deposit of funds, Purchases and receipt of winnings from us will not in any way violate any applicable laws of your location or place of residence, domicile or nationality.
3.5 We rely upon your warranty when we accept your Application for Registration, open your Account, accept your deposit of funds, accept your offer to make Purchases, and pay you any winnings and you indemnify us from any loss arising from your warranty being incorrect.
3.6 When you make an Application for Registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes in the information you have given us.
3.7 We rely on this information being true and correct and not misleading. If we believe on any reasonable grounds that the information is untrue, incorrect or misleading in any way, we may, in our sole and absolute discretion, cancel your Registration or cancel and dishonour any Purchases by you or offers to make Purchases from you, and we may retain (or recover from you) the value of those Tickets and any winnings paid to you and we may suspend and/or exclude you from any further Purchases.
3.8 By making an Application for Registration, you authorise us to make such enquiries as we consider necessary in our sole and absolute discretion to verify the personal information provided by you. Please refer to our Privacy Policy for additional details about the use of your personal information.
3.9 Destinywins is a fully accredited private entity in the Republic of Fiji Islands; as a member of Destinywins Lottery, you receive the same rights as any customer buying lottery products.
3.10 Except to the extent that liability cannot be excluded by law, we will not be liable for any loss you suffer as a result of your use of the Destinywins.com site and the Destinywins.com computer system, including, but not limited to, any loss arising out of your Registration with and Membership of Destinywins.com, the purchase or attempted purchase by you of a Ticket, the use by you or any inability to use the Destinywins.com site, or the failure of the Destinywins.com site to give effect to any offer by you to make a Purchase whether accepted by Destinywins.com or not (even if you have previously advised us of the possibility of such loss).
3.11 Destinywins.com gives no warranty whatsoever that the Destinywins.com site will be available for use by Members permanently or for any minimum period of time.
3.12 Any non-enforcement by us of any of our rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights. Any waiver by you of any of your rights under this agreement and these Terms and Conditions will not constitute a waiver of those rights.
3.13 While considerable care has been taken in compiling and updating content on the Destinywins.com site, Destinywins.com does not guarantee the accuracy of such content. To the extent permitted by law Destinywins.com excludes all warranties in relation to this content.
3.14 From time to time, the Destinywins.com site may contain links to other sites not operated by Destinywins.com. Destinywins.com does not control those sites and cannot be held responsible for their content. Such links do not indicate endorsement or support of any goods, services or content on those sites and Destinywins.com will not be liable to any person for any goods, services or content which may be purchased or accessed through links to the Destinywins.com site except where supplied by Destinywins.com.
3.15 Destinywins.com cannot and does not guarantee that files available for downloading from the Destinywins.com site will be free of viruses, or other codes that may corrupt or destruct properties. Members are solely responsible for implementing virus checking and other procedures to prevent any such corruption or destruction. Files are downloaded and used by Members at their own risk.
3.16 You agree to indemnify Destinywins.com, its officers, directors, employees, affiliates and suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of your use of the Destinywins.com site and any content on the Destinywins.com site or from your violation of these Terms and Conditions (including negligent or wrongful conduct by yourself or any other person accessing the Destinywins.com site).
Agreement Changes
These Terms and Conditions and our agreement with you may be varied at any time in the following manner:
4.1 The notice will be posted by us on the Destinywins.com website;
4.2 You will be required to keep checking for changes and Destinywins.com is indemnified in the event a notice has been posted and has not been viewed by the customer.
4.3 You will be deemed to have received the notice at the time that it is posted on the Destinywins.com website.
4.4 Your continued use of the Destinywins.com site from the date set out in the notice will indicate your agreement to these variations. If you do not agree with the variations, you should not use the Destinywins.com site any further.
4.5 We further reserve the right, at any time and without notice, to amend the FAQ’s and other procedures and explanatory information displayed on, contained in, or accessible from the Destinywins.com site.
Security
5.1 When you make Application for Registration, you will be required to nominate an Account password.
5.2 You must enter your correct email address and password in order to access your Destinywins.com account.
5.3 It is your responsibility to ensure that no other person accesses the Destinywins.com site or makes Purchases using your registration details. You must not disclose your password to anyone. You will be responsible for any use of your Account by any other person and we expressly disclaim liability in this regard.
Registration
6.1 You will only be able to offer to make Purchases from us if you have made and we have accepted your application for Registration.
6.2 Upon our acceptance of your application for Registration, we will open an Account in your name, you will be able to make deposits into your Account and you will be able to offer to make Purchases from us. We do not guarantee to accept any offers you make for Purchases.
6.3 You can make Application for Registration as a Member:
6.3.1 if you are an individual person (Accounts will only be opened in the names of individuals);
6.3.2 if you are at least 18 years of age (or older if so required by any laws applicable in your location or place of residence, domicile or nationality);
6.3.3 if we have not excluded or blocked you from making Purchases for any reason; and
6.3.4 where your Registration and the opening of an Account with us does not contravene any law applicable in your location or place of residence, domicile or nationality.
6.4 We do not independently verify whether you are legally entitled to make Application for Registration as a Member and to make Purchases from us. When we accept your Application for Registration, open your Account and accept offers from you for Purchases, we rely upon your warranty that you are legally entitled in your jurisdiction to Register with us, to deposit funds with us, to open an Account with us, and to make Purchases from us.
6.5 Each customer is only entitled to one (1) registration in each Destinywins website. The Registration Page is available at the following location:
6.6 Unless the terms of a promotional bonus state otherwise, customers are only permitted to redeem a promotional bonus once.
Identification
7.1 Destinywins requires its Members to complete its Identity Verification Procedures in order to verify Members’ identity, age, and place of residence, and may include verification of Internet Protocol (IP) Address, Drivers Licence or other Government Identity documents to verify.
7.2 It is a requirement that members verify their identity within 45 days of winning a prize.
7.3 It is a requirement that, when requested by Destinywins Lottery, a Member must verify their Identity within 90 days in order to continue use of the Destinywins service.
7.4 If a Member does not verify their identity within 90 days of being requested by Destinywins Lottery, or within the time specified under clause 7.2 or 7.3, the Member will not be permitted to withdraw any funds held in their Account until such time that the customer can prove their identity to Destinywins Lottery’ satisfaction.
Purchasing Tickets
8.1 Purchases can only be made via the website or an Destinywins app and not by any other means. Without limitation, no Purchase can be made by telephone, email or mail.
8.2 Members are not permitted to purchase Tickets on behalf of others, or to resell Tickets offered for sale by Destinywins Lottery.
8.3 When you click on the ‘Checkout’ or equivalently titled icon/button on the relevant page, you are offering to make the Purchase selected by you, and you authorise us to debit your Account with the cost of the Ticket displayed.
8.4 Offers from you for Purchases must be received by the Destinywins.com computer system prior to the Cut-off Time for the relevant draw(s).
8.5 If the Destinywins.com site, computer system or ticket system experiences any form of malfunction during the receipt of an offer by you to make a Purchase, or during the process by means of which the Destinywins.com computer system attempts to give effect to your Purchase, or during Destinywins.com confirmation of its acceptance of your Purchase, and we are unable to recover or verify the status of that Purchase during data recovery, then such unfinished or interrupted Purchase will be deemed void and not to have been placed. Any necessary adjustments will be made to your Account. We may refuse to honour any Purchase if we reasonably suspect or know that the Destinywins.com computer system failed to function in the manner in which it was designed and programmed to function.
8.6 Once you have completed the checkout process for any offer to Purchase, that order is final and cannot be cancelled or amended at your request in any way.
8.7 If Destinywins is unable to fulfil an offer to purchase for any reason whatsoever, the offer to purchase is void and a full refund will be made to the Member’s Destinywins Account within 72 hours.
8.8 Save to the extent permitted by law, Destinywins is not liable for any damages, loss or lost winnings that may arise if an offer to purchase is not successfully fulfilled with Destinywins for any reason whatsoever.
8.9 Email confirmation of an offer to purchase a lottery entry is not confirmation of the entry’s successful lodgement.
8.10 An entry is not deemed to have been successfully lodged with Destinywins until such time that the entry is marked with a valid ticket outlining customer number, ticket number with a timestamp of the purchase within the Member’s Destinywins Account.
8.11 Your withdrawal of any Lottery prize from your Account is subject to your fulfilment of our Identity Verification Procedures to our full satisfaction.
8.12 If Lottery tickets in consecutive draws are ordered within a single checkout, Destinywins do not guarantee that the confirmed tickets will be in consecutive draws. This is due to the fact that Jackpot Lottery draws can roll over at any time.
eg.
- If you purchase tickets in the Current, 1st, 2nd and 3rd Forward Draws, you may end up with tickets in draws 455 457 458 459
- If you purchase tickets in the Current, 3rd and 5th Forward Draws, you may end up with tickets in draws 455 459 461
8.13 If random Lottery tickets are ordered within a single checkout, Destinywins can only guarantee random tickets in lots of five.
eg.
- If you purchase 7 random tickets, you may end up with tickets 123, 234, 345, 456, 567 and 124, 235 (i.e. the whole 7 tickets are not random).
8.14 Once you have completed the checkout process for any Autoplay Ticket, that order continues automatically until cancelled by you, or your Destinywins Account has insufficient funds to complete the order. Any increase to Ticket prices, as amended by Destinywins from time to time, will apply to your Autoplay Ticket. Your Destinywins Account will be charged the new price from the date of increase specified by Destinywins. You may cancel your Autoplay Ticket at any time.
8.15 In the event that you initiate Offers for Purchases from one of the European Union member states, the additional Terms and Conditions imposed by the EU privacy laws may apply to those transactions. Please see clauses 17.1 to 17.6 for further information.
8.16 When purchasing a Lottery Ticket on Destinywins Lottery, the purchase is directly from Destinywins.
8.17 You acknowledge that Destinywins offers a premium service, and accordingly charges a premium for its services. For more information on Destinywins pricing, please see here:
Lottery Rules
9.1 The outcome of Tickets purchased by you in Lotteries will be determined in accordance with:
9.1.1 the Lottery Game Rules for the Lottery in which the Ticket was purchased; and
9.1.2 these Terms and Conditions.
9.2 A full list of Lottery Game Rules is available on the website.
Funds Procedures (currently this feature is inactive, hence 10.1 – 10.3 does not apply)
10.1 We maintain a segregated account to contain all funds held on behalf of Members.
10.2 Depositing Funds Into Your Destinywins Account:
10.2.1 You may deposit funds into your Destinywins Account using any of the methods available on the Destinywins.com site.
10.2.2 Please use the Deposit Funds link in your Destinywins Account to make deposits to your Account.
10.2.3 Deposits of funds into your Destinywins Account will only be recognised when we have confirmation from the relevant financial institution that the funds have been credited to our bank account. If funds are deposited via a bank to bank method this may take up to 5 business days to be available to use in your Destinywins Account.
10.2.4 A Minimum deposit to your Destinywins Account of FJD $10.00 (or equivalent) applies unless otherwise waived by Destinywins Lottery. Further information is available on the Deposit Funds page of the Destinywins website.
10.2.5 Deposits shall be made in increments of FJD $10.00.
10.2.6 Except where otherwise specified, we reserve the right to recover from you any fees, costs, charges, taxes, imposts, levies or duties we incur in providing our services to you or in respect of Tickets purchased by you or in receiving and/or clearing a deposit into our bank account or in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account or otherwise in respect of this agreement and you hereby authorise us to debit any such amounts to your Account.
10.2.7 You agree to indemnify us against any loss or damage that we may suffer as a result of any deposit made by you being dishonoured or disputed, and in this regard, you authorise us to debit any such amounts from your Destinywins Account.
10.3 Please be aware that each credit card and/or issuer is different. You should be aware of the terms and conditions relating to the card you are using for this transaction. For example, some institutions may levy a cash advance fee upon transactions through Destinywins.com and similar merchants. Should this be the case, we recommend that you use a different card or deposit a sum of money in to your account that will cover the cost of your entries for a few draws or weeks, thereby minimising the impact of such a fee.
Prize Payments & Destinywins Account Withdrawals
11.1 Prizes won by Members will be deposited to the Member’s Destinywins Account, and locked in accordance with the timeframes specified in sub clauses 11.1.1 to 11.1.2. During this locked period, checks will be conducted to verify the draw, and to ensure the Customer Verification Process has been satisfied. At any time after the Prizes are unlocked, Members may request a withdrawal of Prizes at their discretion. You acknowledge that you will not be permitted to withdraw any prize until you have completed our Customer Verification Procedures to our full satisfaction.
11.1.1 Unless you are a Member residing in another country and prizes will be deposited into the Member’s Destinywins Account following the finalisation of the draw. These funds will be locked for a period of up to 45 days following the draw and clause 19.2 will apply to any prizes.
11.1.2 Prizes with a value above FJD$100,000.00, may be locked for a period of up to 45 days following the draw to satisfy the verification process.
11.1.3 All prizes are paid directly by Destinywins.com
11.2 We will only make prize payments and withdrawals directly to you, and, unless otherwise agreed, only to the address or bank account nominated by you in your Application for Registration. We will not be responsible for you not receiving your funds if you have provided an incorrect bank account number or address or other details affecting payment.
11.3 Except where otherwise specified, we reserve the right to pass on to you any fees, costs, charges, taxes, imposts, levies or duties we incur in transferring funds to you from your Account and you hereby authorise us to debit such amounts from your Destinywins Account. You are responsible for all exchange rate fluctuations and we are not liable for any loss or costs you may incur as a result thereof.
11.4 Payment to you can be made by the following methods:
11.4.1 Bank Transfer. We will transfer funds to your bank account, in your name. We are unable to transfer to Third Party or Business accounts. You will be responsible for any charges applicable to a transfer to your nominated account which may include currency conversion fees. Bank transfers usually take between 3 to 5 business days to clear into your nominated bank account, depending on the location of your bank.
11.4.2 Cheque Withdrawal. We will send you a cheque by mail to your address as registered in your Destinywins Account.
11.4.3 PayPal. We are able to transfer funds back to your PayPal account linked to your Destinywins account. Select this withdrawal method under Withdraw Funds.
11.5 We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.
11.6 We reserve the right to place a stop payment on any cheque that is issued to you or to temporarily block your Account if we consider that payment of such cheque or continuance of such Account is illegal or constitutes an offence.
11.7. We further reserve the right to withhold payments of any nature and to void all winnings of a Member if the Member’s Registration details are false or misleading.
11.8 We further reserve the right to withhold payments of any nature and to void all winnings of a Member is unable to verify their identity by meeting our Customer Identification Verification requirements to our full satisfaction.
11.9 No credit is available on your Account. It is your responsibility to ensure that there are sufficient cleared funds in your Account in advance to cover all transactions related to your Account, including but not limited to your offer to purchase a Ticket and all fees, costs, charges, taxes, imposts, levies or duties for which you are responsible.
11.10 Requests to withdraw Prizes to international accounts require a minimum of $100.00 due to bank currency exchange fees. Destinywins will not be responsible for any international bank transfer fees, nor any currency conversion fees charged by your bank.
Inactive Accounts
12.1 If there haven’t been any purchase transactions on your Account for a continuous period of 12 months we may consider your Account to be inactive.
12.2 We may give you notice that if your Account continues to be inactive for a further period of 1 month immediately following our initial notice to you, that we will charge your Account an account maintenance fee of USD $10.00 per month (including GST) from the time your Account becomes inactive, and for as long as it remains inactive. This fee represents the reasonable costs incurred by us in maintaining your Account throughout extended periods of inactivity. In the event your Account balance is less than the account maintenance fee, only the funds available in the Account will be deducted.
12.4 We will cease charging an account maintenance fee if you make a purchase transaction on your Account, if you instruct us to close your Account, or if your account has a zero dollar balance.
Suspension & Termination
13.1 We may suspend or close your Account at any time without notice and without giving you any reason.
13.2 If we close your Account, provided that you have given us proof of identity, age and place of residence in a form acceptable to us, we will remit to you the funds balance, if any, held in your Account at that time less applicable costs, fees and charges. If we close your Account at a time when you have Tickets in Lotteries which have not yet been drawn we will send you the costs of those Tickets, less applicable costs, fees, and charges when the results have been determined. This does not prejudice any of our rights elsewhere in these Terms and Conditions or at law to refuse, cancel or dishonour any purchase or offer by you to purchase any Ticket.
13.3 Any funds in an inactive Account, less applicable costs, fees and charges will be remitted to you in the manner selected by you at Registration, provided that you have met our customer verification requirements to our full satisfaction.
13.4 Except as otherwise stated in these Terms and Conditions:
13.4.1 the terms of the relevant financial institution will apply to all payments involving conversion of foreign currency; and
13.4.2 you agree to accept any and all foreign exchange fees, costs, charges, taxes, imposts, levies or duties incurred by us in receiving funds deposited by you or transferring funds withdrawn by you from your Account. We do not make or charge any commission on foreign exchange.
13.5 It is your responsibility to make such arrangements as may be necessary for the payment by you of any relevant taxes in your place of residence.
Responsible Gaming
14.1 We are committed to Responsible Gaming at Destinywins.com. To view our Responsible Gambling resources and counselling services please review our Responsible Gambling section on our Destinywins.com website.
14.1.1 Spend Limits. A customer can set spend limits to help them manage their spending. These can be setup under My Funds Spend Limits in their member account.
14.1.2 Self Exclusion. A Destinywins member can request to self-exclude from the Destinywins.com website, this will result in your account being suspended. You will not be able to log into your member account for a minimum period of 12 months. You can request self-exclusion in writing to support@Destinywins.com. The process for self-exclusion can be reviewed at:
14.2 We may, in our sole and absolute discretion, permanently exclude a Member from making Purchases, in which case we will remit the balance of the Member’s Destinywins Account minus all foreign exchange fees, costs, charges, taxes, imposts, levies or duties to the Member and close the account.
14.3 In the event of a Member’s death, the balance of the Member’s Destinywins Account will automatically form part of the deceased Member’s estate. Claimants will be required to supply proof of entitlement in a form acceptable to us.
Jurisdiction
15.1 You submit to the jurisdiction of the courts of the Republic of Fiji Islands.
15.2 You agree not to seek to stay or terminate any proceedings brought in Fiji on the grounds that the forum is not convenient or is less appropriate than some other forum.
15.3 You agree not to challenge any application made by us to stay any proceedings brought in any other jurisdiction.
Privacy
16.1 Destinywins.com is mindful of your privacy concerns and is committed to maintaining the highest possible standards of privacy when handling your personal information.
16.2 The Destinywins Privacy Policy describes how Destinywins handles your personal information. The Destinywins Privacy Policy can be found at the following location:
16.3 It is agreed and acknowledged by the parties that the terms of the Destinywins Privacy Policy form part of these Terms and Conditions.
16.4 Should you win a prize, Destinywins shall not publish or disclose your identity to any third parties without your explicit prior consent, unless otherwise permitted under the terms of the Destinywins Privacy Policy and the Game Rules applicable.
Miscellaneous
17.1 These Terms and Conditions and the Destinywins.com site are not, and should not be understood in any way to be, advertising, promoting or inducing gambling, or publishing gambling information.
17.2 If you do not provide all the information requested in the Application for Registration, except for those fields marked “optional”, Destinywins.com cannot process your Application.
17.3 Destinywins employees and employees of Destinywins parent company (ASAS Consulting Pte Limited) and its associated subsidiaries are prohibited from registering for Destinywins Accounts and purchasing lottery tickets unless for testing purposes as approved by Destinywins management. If entries are purchased via the approved testing procedure and a prize is won, the prize shall be donated to charity and not retained for financial gain of Destinywins.
17.4 Destinywins.com owns or is licensed to use the copyright in all of the content on the Destinywins.com site and by accessing the Destinywins.com site, downloading results and purchasing Tickets through the Destinywins.com site, you acknowledge such ownership and/or licence.
17.5 No results file, graphic or other content on the Destinywins.com site may be reproduced or distributed without the prior written consent of Destinywins.com and you agree that you will not in any manner interfere with, decompile, modify or create derivative works from any such content or downloads.
17.6 We will be entitled at any time and without notice to assign any or all of our rights and duties under these Terms and Conditions and our agreement. Since Registration is personal to the Member, you may not transfer, assign or otherwise dispose of your rights and obligations under these Terms and Conditions and our agreement.
17.7. Destinywins reserves the right to cancel and/or not award a promotional bonus to an individual if it becomes apparent that an individual or group of individuals is/are attempting to take undue advantage or manipulate the spirit of the promotion. No correspondence will be entered into in relation to any such changes.
European Customers
18.1 The European Union (‘EU’) has implemented the General Data Protection Regulation (GDPR), which applies to all Members residing in, or transacting with Destinywins from, an EU member state. These additional Terms and Conditions under clauses 17.1 to 17.6, and an alternative EU Privacy Policy, apply to Members from the EU (‘EU Member’). Under the GDPR, Destinywins is both a controller and a processor of personal data.
18.2 In completing the Destinywins registration procedure to become a Destinywins EU Member, registering for an Destinywins Account, and requesting purchases through any of the Destinywins platforms (website and mobile device apps), EU Members acknowledge that:
18.2.1 you understand that Destinywins is not established in the EU;
18.2.2 Destinywins is offering its goods and services to you from a location outside of the EU, in a country not currently defined by the EU Commission as having an adequate level of data protection;
18.2.3 you explicitly consent to Destinywins collecting and storing your personal information as a data controller;
18.2.4 you explicitly consent to Destinywins processing your personal information as a data processor;
18.2.5 you explicitly consent to, and authorise, Destinywins to process your personal information, and acknowledge that such processing activities are lawful and fair on the basis that you have requested and authorised the provision of our services, and acknowledge that Destinywins has made every effort to be transparent in our collection and processing of your personal information;
18.2.6 you explicitly authorise Destinywins to collect and process your personal data, and acknowledge that collection and processing of your personal data is for the legitimate purpose of executing your request for purchases from the Destinywins platform;
18.2.7 your explicit consent and authority under sub clauses 17.2.3 to 17.2.7 is limited to the legitimate purpose of executing your request for purchases from the Destinywins platform, and related marketing activities;
18.2.8 your personal information collected, stored and processed by Destinywins is adequate, relevant and limited to what is necessary in relation to the purposes for which they are collected and processed;
18.2.9 you have provided personal information that is accurate and up to date, and that Destinywins has committed to updating any inaccurate information without delay upon receiving notice from you that your personal information requires updating or rectification;
18.2.10 Destinywins recognises your right to have your personal information deleted. Upon receipt of your request to delete your personal information, Destinywins will do all things necessary to delete your personal information. Where complete deletion is not possible, Destinywins will anonymise your personal information to prevent identification. You consent to anonymization of your personal information in satisfaction of your right, where complete deletion is not possible;
18.2.11 Destinywins is committed to limiting the storage of your personal information for only the period necessary to continue to provide you with our services, or until you withdraw your consent to the storage of your personal information;
18.2.12 Destinywins is committed to processing your personal information in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing, and against accidental loss, destruction or damage, using appropriate technical or organisational measures;
18.3 In completing the Destinywins registration procedure to become an Destinywins EU Member, registering for an Destinywins Account, and requesting purchases through any of the Destinywins platforms (website and mobile device apps), EU Members acknowledge that:
18.3.1 you have given your explicit consent for Destinywins to process your personal information, and such consent thereby renders each processing activity lawful;
18.3.2 processing your personal information is necessary to take the steps requested by you prior to entering into a contract with Destinywins;
18.3.3 processing your personal information is necessary for the performance of a contract to which you are a party, in this case, the Offers for Purchases through the Destinywins platform;
18.3.4 processing your personal information is necessary to provide you with marketing material as an EU Member.
18.4 You explicitly consent to Destinywins providing your personal information to related third parties as required for the provision of our services, and acknowledge this legitimate purpose of executing your request for purchases from the Destinywins platform;
18.5 You provide your explicit consent to Destinywins to process your personal information each and every time you initiate an Offer to Purchase. Where you establish an Autoplay purchase, you acknowledge that your explicit consent to processing your personal information applies to each Autoplay transaction.
18.6 Although Destinywins is committed to the protection of your personal information from unauthorised access, you acknowledge that Destinywins has informed you that your personal information is collected, stored, and processed in a country that is not currently defined by the EU Commission as having an adequate level of data protection, and you provide your explicit consent for Destinywins to collect, store and process your personal information knowing there may be risks to the security of your personal information.
Customers from Other Countries
19.1 Customers/ Members who are located outside of Fiji are advised and acknowledge that:
19.1.1 Destinywins is responsible for payment of all prizes won in relation to Tickets purchased on this website, will be paid directly by Destinywins. Destinywins takes no responsibility for non-payment of prizes in the event of a default by Customer/ Member.
19.2 Prizes won by Members will be deposited to the Member’s Destinywins Account, and locked in accordance with the timeframes specified in subclauses 11.1.1 to 11.1.2. During this locked period, checks will be conducted to verify the draw, and to ensure the Customer Verification Process has been satisfied. At any time after the Prizes are unlocked, Members may request a withdrawal of Prizes at their discretion. You acknowledge that you will not be permitted to withdraw any prize until you have completed our Customer Verification Procedures to our full satisfaction.
19.2.1 Prizes will be paid to the Member directly by Destinywins following completion of Destinywins’s prize payment process.
19.2.2 When a prize is won Customer/ Member gives explicit consent to Destinywins to provide their personal information to Destinywins to enable the prize payment as specified under clause 18.2.1.