Terms & Conditions

Smart Pen LTD is authorized and regulated by the Betting Control and Licensing Board of Kenya (herein after referred to as “BCLB”) under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under License number: 1115. This Lottery remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) and any disputes arising hereunder shall be resolved in accordance with such provision.

1) Lottery Enrollment Agreement:

The following sets forth the terms, conditions and disclaimers governing the arrangement between you, the Player (hereinafter the “Player,” individually) and Smart Pen LTD, Blue Magic Entertainment Kenya (hereinafter “POKEA DOLA,”) and hereinafter POKEA DOLA and Player jointly referred to as the “Parties.” The Terms shall apply to gaming via Mobile services, SMS, and all other connected devices. You are required to accept these Terms and Conditions when interacting with the services offered by POKEA DOLA and you are bound by these Terms and Conditions throughout the existence of the relationship.

2) Lottery Game:

POKEA DOLA is a Lottery game based on choosing a set of 3 digit or 4 digit numbers which constitutes a ticket. The numbers consists of the numbers 0 to 9. When a Player enters, they can either choose their numbers via SMS, online, or get an automatic random selection of numbers called Easy Picks.

3) Where and How to Play:

ONLINE:

Player is able to enter and play POKEA DOLA via the following URL; www.pokeadola.co.ke. New players are required to register before any purchase can be completed. Players with valid accounts are able to purchase tickets choosing either:

  • Easy Picks; Numbers will be randomly generated on behalf of the Player
  • Number Selection; The Player is able to select their own numbers for POKEA DOLA

SMS:

Players can initiate a ticket in to POKEA DOLA via SMS by texting a Keyword (E.G. DOLA) to 29771. There are a number of different options for initiating a ticket via SMS, by way of example:

To enter the daily draw a player has to buy a ticket by cut off times listed herein, otherwise the ticket will be entered to the following day’s draw.

To register:

A player must register first before buying a ticket. To register a player sends DOLA to 29771. By registering the player confirms to be 18 years old and above. An Account is created automatically with the mobile phone number being the account number.

Buying a ticket:

To buy a ticket a player has to top up his/her account using the MPESA Pay bill 877142 with the minimum amount being Ksh 50.

To buy a 3-digit ticket (e.g.456)

For 3 DIGITS STRAIGHT: SMS STRAIGHT#456#STATE#STAKE

(e.g.) STRAIGHT#456#MI#100

For 3 DIGITS BOXED:    SMS BOXED#456#STATE#STAKE

(e.g.) BOXED#456#MI#100

 

4) POKEA DOLA Game Rules

POKEA DOLA involves a random draw of three or four numbers (‘Numbers’) selected from the numbers 0 to 9.  The Numbers are drawn by live ball drop for each individual states governmental lotteries for each daily evening draw. The deadline for POKEA DOLA ticket purchase will be one hour before each states draw times as displayed below.

Time Zone Cut Off

 

MIAMI, FLORIDA FL 02:30 Kenya

WASHINGTON, DC DC 02:30 Kenya

DETROIT, MICHIGAN MI 02:30 Kenya

NEW YORK, NEW YORK NY 02:30 Kenya

KENYA                                        KE  02:30 Kenya

The odds of winning are posted on website under How to Play. Results can be checked by visiting the website www.pokeadola.co.ke, delivered daily by SMS, or by checking each individual US States website.

5)  Rules to Entry

Player must have a Kenyan mobile money account registered to Player’s POKEA DOLA account and have a valid form of identification that was associated with the Kenyan mobile money account. Each ticket must be bought for its full price unless such are complimentary ticket associated with a promotion.

Tickets can only be bought from POKEA DOLA. If a ticket is made after the designated draw deadline, the ticket is automatically entered into the next day scheduled draw. Player’s ticket will only be valid if it is recorded on POKEA DOLA’s Computer System. Player can only buy tickets and receive Prizes in accordance with these Rules. There is no general right for a person to buy a tickets. POKEA DOLA can refuse to sell tickets to anyone, and/or limit the number of tickets or numbers Player can buy, without giving a reason. Players are responsible for keeping safe and confidential any information required to claim a Prize for a particular ticket (including, for example, the relevant ticket number and Player’s identification information). Player acknowledge that if Players are not able to provide sufficient identification information when claiming a Prize, You will not receive that Prize.

The following people cannot buy tickets and POKEA DOLA will not be liable to pay a Prize to them:

      1. Anyone under the age of 18, whether that person is buying it for themselves or anyone else;
      2. Directors and employees of POKEA DOLA;
      3. Specified employees of any of POKEA DOLA’s key contractors or sub-contractors;
      4. Personal partners and persons who are, to some extent, maintained by anyone associated with POKEA DOLA or in either case if living in the same household as that person;
      5. Any person who has an account which has a status that prohibits them from buying an ticket or receiving a Prize (including without limitation a person whose account has been suspended or terminated);
      6. Anyone else POKEA DOLA may decide and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time.

Players shall check that ticket shows the correct State, numbers, and play type (i.e. straight or boxed) Players wish to play and draw dates.

6) Claiming a Prize

Players can only claim a Prize if they are the holder of an account with a winning ticket. Prizes must be claimed before the end of the 30th day after the relevant Draw (the “Claim Period”) A Player’s entitlement to a Prize will be lost and the Prize will not be paid if that Prize is not claimed within the Claim Period.

7) Withdrawing funds

To withdraw funds from Player account, Player SMS W# AMOUNT to 29771

(e.g.) W#500 to 29771. The money will be send to Player’s MPESA account where it can be withdrawn.

Prizes ranging in value from ‘Ksh50 to Ksh70,000’ – Prizes and other winning tickets will automatically be deposited into your MPESA account. Players are solely responsible for withdrawing any prize amounts and other winnings from their account in accordance with these Terms and Conditions. Upon deposit of the prize amount to Players account, Player shall release and discharge POKEA DOLA, its employees, officers, directors and shareholders from any further claims, actions or demands in respect of that prize.

Prizes of values of ‘Ksh70,000 and above – Prizes and other winnings in the amount of Ksh70,001 and above must be claimed in person at POKEA DOLA’s Office by the Player to whom the Ticket was issued. Player acknowledge and agree that Player will be required to comply with all POKEA DOLA’s prize claim requirements including to confirm identity and entitlement to the prize to POKEA DOLA ‘s satisfaction, at its sole and absolute discretion. Player will be required to provide a form of valid government-issued photo identification or such other information as POKEA DOLA may require to confirm Player’s eligibility for a prize.

POKEA DOLA reserves the right to pay Prizes by cheque, bank transfer or direct credit or Mobile Money. If payment is made for Prizes of Ksh70,000 or less, this will be deposited (at Player’s own cost) to the Mobile Money Account registered to Player’s account. POKEA DOLA reserves the right to (i) withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that the disputed ticket is valid and that the claim has been made in good faith; (ii) withhold a Prize (or recover or seek to recover a Prize already paid) until it has carried out all appropriate checks and enquiries if in its discretion it believes, on reasonable grounds, that Player are not lawfully entitled to receipt of a Prize or that a Prize has been paid to Player in circumstances where POKEA DOLA decides that the ticket is invalid or defective, or where there is any other reason for POKEA DOLA (acting reasonably) to question entitlement to the Prize. Any checks and enquiries will be carried out promptly by POKEA DOLA. Player shall repay immediately on demand any Prize POKEA DOLA seeks to recover.

The right to a Prize is not transferable. POKEA DOLA will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant account. No interest will be payable on any Prize, including without limitation whilst any checks or enquiries are carried out in relation to a winning ticket, whilst a dispute about the ticket or Prize claim is being resolved, or for the period a Prize remains unclaimed. Any charges levied by the Mobile Operators payment gateway will be deducted from Player’s account.

Player specifically covenants, agrees and acknowledges that it is responsible for the payment of its own taxes on all related income received from the lottery tickets. In addition, the Parties acknowledge and agree that they are individually required to file all tax forms with the appropriate taxing authorities. PLEASE NOTE that the prizes for POKEA DOLA games are NOT tax free and taxes shall be paid by Party when due and are responsibility of each Party.

 

The price of each ticket is quoted in KSHs and includes POKEA DOLA service fee, credit card fees, insurance costs as well as any applicable agent fees. By creating an account with POKEA DOLA you acknowledge and agree to be bound by the cost and fee structure, which may be uniformly modified and without notice to you.

8) Information about Winners

When Player claims or are paid a prize, Player will automatically be deemed to grant to POKEA DOLA an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Player’s full name, hometown, photograph and video materials without any claim for broadcasting, printing or other rights for a period of up to Thirty Six months from the date of prize award. Player shall have no claim against POKEA DOLA for invasion of privacy or any other ground(s) by reason of the publication or broadcasting of Player’s Name, hometown, photograph, video materials or information voluntarily provided by Player.

By participating in the game, Player expressly consent to the collection, use and disclosure by POKEA DOLA, its employees, agents and/or service providers, of the Player’s personal information, for the purposes of conducting and administering the game. Player accept that POKEA DOLA has the right to send Player promotional messages unless explicitly opt out.

9) Refunds

Player do not have the right to cancel a ticket once purchased. No refunds will be given in any circumstances. No interest will be payable in respect of any refunds made. If POKEA DOLA is fully satisfied after proper and careful enquiries that a cancellation of a ticket was wholly and directly the result of POKEA DOLA’s fraud, negligence or error, and that ticket would, but for that cancellation, have been a winning ticket, then POKEA DOLA will not refund the cost of the ticket and POKEA DOLA’s only liability will be to pay an amount equal to the Prize that Player would have been entitled to if the cancellation did not take place.

10) Limits of Liability

KAMAT DOLA will not be liable to any person for (i) events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service); (ii) the failure or destruction of, or damage to, all or part of the computer systems or records of POKEA DOLA or any third party (including, without limitation, the Site and/or POKEA DOLA’s Computer System); (iii) any mistakes caused by all or part of the computer systems or records of POKEA DOLA or any third party (including, without limitation, the Site and/or POKEA DOLA’s Computer System); (iv) delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system; (v) any other action or event which prevents or hinders the issue of a valid tickets (including without limitation the failure of the Site to display correctly on any device used to view it; (vi) the refusal to sell an ticket to any person or to allow any person to play a Game played online or via SMS; (vii) any losses caused by Player, including the misuse or money lost by playing the Games played online or via SMS; (viii) any losses caused by the failure or malfunction of Player’s equipment or technology or Player’s internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party. (ix) Player acknowledge and agree that Player do not rely on, and shall have no remedy in respect of, any statement, representation or warranty (whether negligently or innocently made) or understanding of any person whether or not such person is a party to these Rules.

A permanent record will be made of the lottery numbers to be played for each Player. In the event wrong information is sent to a Player, a Player shall not be entitled to any claim based on the receipt of erroneous information. The ticket actually purchased on behalf of the Player will control. Player must immediately notify POKEA DOLA upon receipt of erroneous information. Player hereby waives any claim against POKEA DOLA for the failure to obtain the proper ticket. The Player’s sole remedy in the event of an error in purchasing what would have been a winning ticket is limited to a refund of the cost of the ticket charged and collected by POKEA DOLA.

Any Player failing to keep their information current or supplying false or misleading information, including but not limited to: name, country of origin, telephone number, fax, email, mailbox, street address, credit card or bank information shall and hereby acknowledges their forfeiture of any prizes won through this service, without further notification.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. POKEA DOLA, SMARTPEN LTD,BLUE MAGIC ENTERTAINMENT KENYA, AND ITS INDEPENDENT SALES AGENTS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POKEA DOLA, AND ITS INDEPENDENT SALES AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POKEA DOLA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. POKEA DOLA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, THE PLAYER (AND NOT POKEA DOLA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION TO COMPUTERS OR COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NONFEASANCE OR NEGLIGENCE, OF POKEA DOLA, OR ITS INDEPENDENT SALES AGENTS, BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY DOWNLOADED MATERIALS, EVEN IF POKEA DOLAOR ITS INDEPENDENT SALES AGENT OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POKEA DOLA, AND ITS INDEPENDENT SALES AGENT’S TOTAL LIABILITY TO YOU FROM ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, EQUITY OR OTHERWISE) EXCEED THE AMOUNT OF YOUR TICKET AS CHARGED AND PAID TO POKEA DOLA. APPLICABLE LAW IN DIFFERENT JURISDICTIONS MAY PRECLUDE THE EXCLUSION OF IMPLIED WARRANTIES, OR SOME OF THE ABOVE LIMITATIONS OF LIABILITY, HOWEVER, TO THE FULLEST EXTENT LEGALLY POSSIBLE YOU AFFIRMATIVELY WAIVE ANY SUCH EXCLUSIONS AND PROTECTIONS, AS MAY APPLY TO YOU, AND COVENANT AND AGREE TO ACCEPT AS AND IN FULL CONSIDERATION OF ANY DAMAGES SUFFERED BY YOU, AS YOUR SOLE AND EXCLUSIVE REMEDY, THE REFUND OF THE TICKET PRICE ACTUALLY CHARGED TO YOU AND COLLECTED BY POKEA DOLA.

 

11) Disputes

POKEA DOLA’s decision about whether or not a ticket is a winning ticket, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding provided that it is a reasonable decision. Without limiting the effect of the previous sentence, following any such decision made by POKEA DOLA, POKEA DOLA may (at its discretion), reimburse the cost of the ticket or replace the disputed ticket with an ticket for any current Game of the same price.

The above remedy will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge POKEA DOLA from any liability in respect of such a dispute. POKEA DOLA will not be liable to pay any interest in respect of any reimbursement made herein.

POKEA DOLA may withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved.

12) Miscellaneous

  1. Any person who buys a ticket or submits a ticket for validation or who claims a Prize in whatever capacity, agrees to be bound by the provisions of any applicable legislation, these Rules (all as amended from time to time) and any other rules or procedures, statements or explanations POKEA DOLA may issue in respect of that game played online and via SMS.
  2. POKEA DOLA may change these rules, the relevant game procedures and any game specific rules applicable to the games played online and via SMS at any time. These changes will be effective immediately from the date of their publication on the Site (or any earlier time POKEA DOLA states), or on notification to Player that the changes have taken place (whichever takes place sooner) and will apply to tickets bought after the date on which the changes become effective, and/or tickets bought before that date if reasonable in the circumstances. Notification will be by email, account notification, post, text or any other form of communication reasonably decided by POKEA DOLA. Player agrees that Player will be bound by the changes when Player next play a game played online or a game played via SMS, access your account or claim a Prize after the changes have become effective, or (where relevant) when Player expressly accept the changes, whichever takes place first.
  3. If any provision (or part of a provision) in any of the documents mentioned is decided by a court of the Republic of Kenya to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
  4. Player may not assign or otherwise transfer (in whole or in part) Player’s rights and/or obligations under these Rules. Any breach of this Rule may result in the use of Player account, the provision of the games played online or via SMS or access to the Site being terminated immediately by POKEA DOLA. POKEA DOLA may assign or otherwise transfer its rights and/or obligations under these Rules in whole or in part to any third party at its sole discretion.
  5. Player agrees that when Player contact the Customer Care Team, Player will supply any games-related information required by POKEA DOLA.

13) Law

The relevant law for these Rules is Kenyan law. Any legal proceedings will be heard in the Kenyan courts.

CONTACT INFORMATION

For questions please contact customer support