This post is specifically aimed as a response to people who are asking me about this opportunity. Is it really all it’s cracked up to be?
Watch my video to see my personal view. Please note, this is only my personal view and not legal advice. I would suggest if you have any doubts that you consult a lawyer directly, because it’s serious stuff, risking jail for the sake of £84?
See the UK legislation on this – click here
Look at some genuine opportunities here
Thanks for watching. Feel free to comment and share. I hope this has been useful for you.
UPDATE: Saturday 10th May 2014
Want to be totally sure you are not breaking the law?… here’s my very simple tip.
It seems quite a few people are now questioning the legality of this gifting scheme. The only defence I see people give is that unscratched lottery cards have no monetary value i.e. they have no “money’s worth”.
However, if like me, you think an unscratched lottery card is actually worth the price printed on it and the price paid by millions of people every week, then there is one thing you can do to make sure you are not breaking the law…
You need to MAKE SURE it doesn’t have any “money’s worth”. The simplest way of doing that is to scratch it BEFORE gifting it to someone else.
Simple!
UPDATE: Weds 18th June 2014
I noticed the following information posted on a Facebook group…
IMPORTANT LOTOLOGIST ANNOUNCEMENTS FIRST
REFERENCE
Trademarks and use of images…
As you will have noticed, the gallery of Lottery Instant winning tickets has been removed from the public website. This is due to recent correspondence with Camelot and their request to not use the trademarks that are owned by the gambling commission. We asked if we could keep the gallery in the private members area, but we have now had confirmation that we cannot. You will have noticed now also, that the gallery of images in the members area has also been replaced with a winning grid.
Also, while we are talking about legality, It has been noted that in recent emails with regard to the Legal Counsel and the information we received via Susanna FitzGerald QC (http://www.susannafitzgerald.com), we have been asked to clarify the summary previously posted. We need to address this issue directly as Ms Fitzgerald has raised concerns that our previous summary did not accurately represent the entire advice that we received. (my note: naughty naughty!)
In her advice to us, Ms Fitzgerald expressed her concern that UL may be deemed as an unlawful lottery and thus could be seen as something of concern by the Gambling Commission. In response to the advice received, we wanted us to inform you all of the important steps that we have taken to ensure that we are not an unlawful lottery.
With regard to s14(2) Gambling Act 2005, Ms Fitzgerald was concerned that, there would be an ‘element of chance’ if members weren’t aware of when they would receive scratchcards, and from whom, and that his element of chance may cause UL to be considered an unlawful lottery.
As you are aware, we have designed our system so that every member knows when a Lottery Instant is to be delivered to them and from whom it will be delivered as the system informs you via email and it also appears in the Confirmed Delivery list.
However, if you are concerned with our understanding and interpretation of the above then we would encourage you to take legal advice of your own. (my note: i.e. they are saying “don’t blame us if it turns out this is illegal” ) As we have previously stated, it is not acceptable for you to publish legal advice that only we are entitled to rely on and it is not acceptable to contact Ms Fitzgerald directly.
As you know, we have gone to great lengths to ensure legality, but what we cannot say is anything like the text above.
Many thanks everyone,
and….Keep Scratching,
Wayne Creator and CEO of the U.L. Lotologist website
OK here’s some more things to think about:
1) If you purchase a scratch card for £5 and send it to someone you don’t know (as advised by the Ultimate Lotologist system), and it turns out to be a £1million winning card – who owns the card and who has the right to the money?
2) It appears from the statements above, Ultimate Lotologist are still not 100% sure they are legal.
3) Why won’t “Wayne” reveal his full name? Perhaps deep down he is fearful his system really is illegal?
4) Wayne clearly withheld information from their legal advisor and it turns out she had said “UL may be deemed as an unlawful lottery”. I state again for anyone still wondering whether to get involved…. why risk a jail sentence for the sake of a quick buck?
Disclaimer
No warranty whatsoever is made that this article is accurate. There is absolutely no assurance that any statement contained in this article touching on legal matters is true, accurate or precise. The legal information provided in this article is at best, of a general nature and cannot substitute for the advice of a licensed/qualified legal professional. If clarification is needed, please contact a qualified legal professional. The author can take no responsibility for the results or consequences of any attempt to use or adopt any of the information or misinformation presented in this article. Nothing in this article should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law.
Comments
18 responses to “ultimate lotologist review”
This Blog is rediculous and could be considered slander, the only thing that would make it illegal is if there was a fee for Ultimate Lotologist as and there ISN’T!
as it clearly states in the act you posted :
(2)An arrangement is a “chain-gift” scheme if—
(a)in order to participate in the arrangement a person must make a payment to one or more other participants (a “joining fee”),
I suggest you get your facts straight before you create a slanderous Blog about a reputable opportunity.
If you don’t like it then don’t join but why go out of your way to spread negativity when everybody involved is happy.
This is way out of line and I am reporting this Blog.
Without prejudice.
Hi Joe, thanks for your feedback. However, I stick to my review…. and you are wrong, there is clearly a fee for being involved in UL. For someone to be a participant, they have to purchase scratch cards, unless you are saying people should steal the scratch cards? I’m not sure how else you can obtain them and participate for “free”?
The act actually says….
An arrangement is a “chain-gift” scheme if—
(a)in order to participate in the arrangement a person must make a payment to one or more other participants
It then goes on to say….
For the purposes of subsection (2)—
(a)“payment” means a payment of money or money’s worth
A participate in the Ultimate Lotologist scheme must send scratch cards to others which is in effect a payment of “money’s worth” making it a “chain gift” scheme in the eyes of the law.
I hope that helps.
It states that members need to make a payment to JOIN.
it costs NOTHING to JOIN.
It WOULD be Illegal if they had monotized it for their own benefit or for the benefit of their members.
Meaning they would be making money from the National Lottery’s work.
BUT THEY ARE NOT.
There is NO joining Fee.
Dude you need to get a life, everybody in Ultimate Lotologist is happy, nobody is getting ripped off and it is a great opportunity, just because YOU don’t like it does not give you the right to slander the company.
I don’t like it, because it looks like it’s illegal to me and I want to warn people about doing something that could get them in jail. That’s my opinion and I’m entitled to it, just as you are entitled to your opinion. But do NOT threaten me. I am not threatening anyone I am simply given them another side to the story being promoted by those with a vested interest.
You must spend money to benefit form this scheme. Since when did that mean “free”?
And under your twisted logic ….
Every single marketing opportunity that generates income would be Illegal.
Meaning the company’s you promote are illegal.
No, that’s not what I’m saying at all. How did you come to that conclusion. I am simply saying that a gifting scheme is illegal.
It is NOT a gifting scheme.
It is a cool and unique opportunity.
NOBODY gets hurt.
NOBODY gets scammed.
Good people benefit and good things are done with the money.
The National Lottery benefits from increased sales (not like they need it, I know)
Charity’s benefit from extra income.
GOOD & SENSIBLE people win money.
So how is giving scratch cards to people who haven’t paid for them not a “gift?”
ALSO,
Did you know that a percentage of all scratchcard sales goes to good causes and charity.
So would you want to deprive those charity’s of extra funding?
The act you posted does NOT apply to Ultinate Lotologist, THERE IS NO FEE.
You sir, are a jerk and I will make sure that something is done about this.
Hmmm. Interesting thought, that something which benefits charities should still be allowed even if it might turn out to be illegal?
The best way you could convince me is to actually get legal advice and get a lawyer to say “yes, this is fine” – but I think you are going to struggle to find a lawyer willing to do that, but if you do, just let me know and I will be happy to modify my advice to others who read my blog.
Ultimate Lotologist has been certified by a Queens council barrister.
Again, you are wrong and I suggest you take down this Blog.
This is a LEGITIMATE opportunity.
You are simply “picking” on other company’s that you “THINK” are no genuine and using their publicity to plug your own business opportunities.
That is low.
If you don’t have something nice to say, don’t say anything at all.
Please provide the proof that a Queens council barrister as “certified” UL.
I did not do this review to pick up on Ultimate Lotologist traffic – I simply got pitched it so many times over the last few weeks that I decided it’s a far better use of my time to make a blog post and simply direct people to my post rather than get involved in long drawn out conversations with lots of people. I have better things to do than try to convince people I could report them to the authorities for promoting an illegal scheme. I have no desire to get anyone into trouble, but I do want people to be aware that as far as I am concerned they run a very high risk of being involved in a criminal act as stated in the Gamlbing Act 2005.
This is in the Terms of UL.
What you are doing is Illegal and you can have consequences for this.
“You agree not to alone or in association with others use the Confidential Information to (i) solicit, or facilitate any organization with which you are associated in soliciting, any employee, affiliate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by or under contract with us at any time during the term of this Agreement (provided, that this clause (ii) shall not apply to any individual whose employment or contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours; induce or attempt to induce, any such person or entity to cease doing business with us; or in any way interfere with the relationship between any such person or entity and us. “
Sorry, what are you getting at here?
where is the “certification” from the barrister? Please provide proof. The internet is awash with scams and fraud so do UL a favour if you’re that convinced it’s valid and show the proof.
Highly descriptive article, I enjoyed that bit. Will there
be a part 2?
No. It’s still a scam so no need for a “part 2” LOL