Lottoland

from Wikipedia, the free encyclopedia

Lottoland

logo
legal form Limited
founding 2013
Seat MaltaMalta Malta
management Nigel Birrell ( CEO )
Number of employees more than 350 (April 2017)
sales over EUR 300 million (2016)
Branch Gambling
Website www.lottolandcorporate.com/de/

Lotto Land Limited is a company based in Malta , which, among other online secondary lotteries , so betting on many international lotteries , other gambling via an online casino and sports betting offering. Lottoland has gaming licenses for Gibraltar, Great Britain and Ireland.

However, it has no license for Germany, which is why Lottoland has classified gambling in Germany as illegal. Participation in itself may be a criminal offense and the participants would then not be entitled to a prize payment.

founding

Lottoland was founded in 2013 as the successor to the British limited company of the same name in Gibraltar , founder was David von Rosen.

Business principle and business model

The company offers, among other things, online bets on the results of the drawing of third-party lotteries and other games of chance via an online casino .

Betting on the results of foreign lotteries

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Lottoland does not organize its own lottery , but offers bets on the results of more than 30 different lotteries for which it does not have its own license (so-called product piracy). There is no participation in or collaboration with these lotteries. In Germany, the offer is a so-called black lottery . According to the company, the amount of the winnings is based on the winning quotas of the respective primary lottery, below the jackpot it can deviate significantly downwards from the state lotteries to the disadvantage of the player. The lotteries with effective advertising include Powerball , Mega Millions , EuroMillions , Eurojackpot , Lotto 6 out of 49 , El Gordo (Spanish Christmas lottery ). While the design of the websites suggests that the player is participating in the well-known state lotteries, it is actually the private lottery of the foreign provider. Lottery winnings are tax-free in Germany. In principle, foreign taxes may apply to winnings abroad.

Lotto Baden-Württemberg criticizes the fact that consumers confuse the provider Lottoland with the state lottery companies and turn to them if they do not pay out. It is also criticized that Lottoland does not pay any taxes for charitable purposes , as is the case with the German Lotto. Lotto Niedersachsen speaks of consumer deception and product piracy . In addition to the lack of special-purpose income for the common good, the seat in a tax haven also serves to avoid tax in Germany. The Lower Saxony Ministry of the Interior classifies the offer as illegal. Sachsenlotto notes that the unauthorized staging of a game of chance and participation in unauthorized gambling is a criminal offense in Germany . The money won is then confiscated by the state. Lottoland itself points out that there has not yet been a judicial conviction against players. Lotto Bayern points out that black providers as private companies can become insolvent . The lack of a legal right to payment can be particularly relevant if the amount of winnings exceeds Lottoland's liquidity .

In order to be able to pay out winnings, the company insures itself against high betting winnings. In September 2017, the company announced that it would hedge betting risks from its own bets and those from B2B customers through a subsidiary.

So far, the company says it has paid out more than 1 billion euros in profits (as of January 2019). The highest win of 90 million euros went to a Berliner in June 2018. It remains unclear whether the profit, which is heavily advertised in the BILD newspaper , was paid out at all.

The Berlin internal administration classified Lottoland as illegal, as private providers that are not permitted are not allowed to operate under Section 10 (6) of the State Treaty on Gambling. Since illegal gambling is a predicate offense to money laundering , those involved may also make themselves liable to prosecution. Professor Michael Kubiciel and Michael Tsambikakis consider such penalties to be disproportionate as there is no organized crime in gambling winnings. The German legislation mainly upholds the lottery monopoly. This is also in conflict with the European Services Directive , which allows cross-border services across Europe. Bans and penalties in Germany are therefore legally controversial. Lottoland had the Guinness Book of Records confirm the payout as the largest payout ever made from an online win.

Online casino

Lottoland also offers various online casino games from different providers and digital scratch cards . Such offers (online casinos and scratch cards) are illegal after a decision by the Federal Administrative Court on October 26, 2017. The Lower Saxony consumer center warns of subscription traps that Lottoland distributes under the Happy brand on social media without end .

Sports betting

Since 2019, the company has been expanding a sports betting offer in collaboration with a British partner.

Legal position

Germany

The legal situation for black lotteries in Germany is clear. The lottery companies of the 16 German federal states , which are combined in the German Lotto and Totoblock , rightly consider bets on lottery results by providers such as Lottoland as a violation of the State Treaty on Gambling . The consumer advice center also warns against participation. Lottoland was already classified as an illegal offer before the Koblenz district court. Lottoland's attempts to obtain a permit in Germany have already failed because the Regensburg Administrative Court has ruled that Lottoland has no right to information about its request.

A lawsuit by Lottoland before the Saarland administrative court was dismissed. The gambling prohibition order does not violate the freedom to provide services under Community law and therefore remains in force. On October 26, 2017, the Federal Administrative Court confirmed the ban on games of chance on the Internet, stating that it is compatible with constitutional and European law.

The Landgericht Koblenz decided by an action of Lotto Rheinland-Pfalz, the unlicensed online gambling is fast, convenient and always possible but also anonymous , and it lacks the social control , making it the gambling addiction favorable, and therefore banned the lottery land offer . The Higher Regional Court of Koblenz ruled that secondary lotteries on the Internet are not permitted.

The administrative courts in Munich and Berlin ruled that advertising for Lottoland.gratis violated the State Treaty on Broadcasting and State Treaty on Gambling and prohibited the broadcasting of commercials. About Luleka Ltd. A subsidiary tried to advertise a similar-sounding but free offer in order to circumvent existing bans on advertising Lottoland.com on the radio. The non-profit foundation was also forbidden by the OVG Hamburg to advertise games because it bears the same name as the illegal provider itself.

Permits from other EU countries have no legal force in Germany, but are only valid in the issuing countries. Lottoland itself is of the legal opinion that the gaming license issued in Gibraltar on the basis of the freedom to provide services anchored in the Treaty on the Functioning of the European Union also applies in Germany. The German Lotto- und Totoblock insists on the legal position that there is no obligation for the mutual recognition of permits issued by different member states in the area of ​​gaming law that is not harmonized throughout the Union.

The European Court of Justice ruled in 2010 that a license from another EU country is not sufficient to circumvent the ban on internet gambling. According to the ECJ, the member states alone are responsible for regulatory law in the gaming sector. The bettor is potentially liable to prosecution for participating in unauthorized gambling . Every bank that notices a transaction in connection with a payout of winnings must report a suspicion under the Money Laundering Act.

Other EU countries

Lottoland has so far obtained licenses from state lottery regulators in Gibraltar , Malta , Great Britain , Ireland , Italy and Sweden . In 2018, Lottoland failed before the High Court of Justice when attempting to offer its synthetic lotteries, in particular Euromillions raffles from other EU countries in the United Kingdom. In Sweden, Lottoland was fined for offering products that went beyond the license issued.

Australia

Due to the globally different handling, Lottoland operates partially licensed, so Lottoland has a betting license in Australia. Bets on foreign lotteries, as offered by Lottoland, were banned in mid-2018 with effect from January 2019. In 2019, the company won a lawsuit in the New South Wales State Supreme Court . Accordingly, Lottoland can offer bets in Australia that are based on stock market indices .

Africa

The company has had a betting license in South Africa since 2019.

Numbers and structures

Customers and sales

According to its own information (as of September 2018), the company has more than eight million customers worldwide. Sales rose from 100 in 2015 to over 300 million euros in 2016 and the Financial Times ranked the company 128th in its first FT1000 report on the fastest growing companies in 2017 due to a sales growth of 820 percent from 2012 to 2015 Europe, as well as 314th place in 2019 for the period 2014-2017. The Financial Times reported sales for 2017 at 277 million euros. Lottoland also included them in the FT Future 100 UK list .

Management, number of employees, locations

Nigel Birrell has been the company's Chief Executive Officer since May 2014 . At the end of April 2017, over 350 people were working for the company.

Lottoland has offices in Gibraltar (UK), Málaga ( Spain ), Porto ( Portugal ), Bratislava ( Slovakia ), Sydney ( Australia ), Darwin (Australia) and Kuala Lumpur ( Malaysia ).

Takeovers and participations

At the end of 2015, Lottoland took over the German lottery portal Lottohelden . However, this was prohibited by the Koblenz district court from continuing to operate in Germany.

The company is also involved in LottoGopher , a Los Angeles-based lottery ticket broker listed on the Canadian Stock Exchange . At the beginning of 2019, the attempt to take over Tipp24 failed, in whose parent company Zeal Lottoland held around 4 percent at the time. He wanted to withdraw from the lucrative but risky secondary lottery business and henceforth only act as a licensed player agent .

In 2017 Lottoland founded its own insurance company ( Fortuna Insurance PCC ) to assume betting risks. In May 2018, the company entered the Italian market by acquiring a majority stake in Giochi24 .

Marketing and Sponsorship

Chris Tarrant, who for many years the British quiz show Who Wants to Be a Millionaire? (German: Wer wird Millionär? ) moderated, has been a brand ambassador for Lottoland UK since 2014 . Lottoland has been the name sponsor of the Brookvale Oval since the beginning of 2017 . This stadium near Sydney is the home of the Australian rugby league team Manly-Warringah Sea Eagles . In 2018, the company started an awareness program on the subject of "youth games" in cooperation with the Gibraltar Ministry of Education. The aim is to help reduce the risks for young people that arise from today's trends in online gaming.

With the help of its own foundation, Lottoland supports the German environmental organization One Earth - One Ocean in a project to remove plastic waste from the seas. In May 2020, the company launched a charity lottery in the UK , the proceeds of which will go to the British Red Cross , hospice organization Hospice UK , environmental organization Keep Britain Tidy and the Marine Conservation Society .

criticism

The business model of black lotteries and thus also of Lottoland has been criticized because, unlike state providers, Lottoland does not transfer any money for social purposes (including charities). For example, lotteries like the British National Lottery spend a significant percentage of their revenue on charities, while secondary lotteries like Lottoland do not. In Ireland, the national lottery company stressed that betting providers like Lottoland were a threat to their offerings and thus to the promotion of good causes. In response to a parliamentary question , Irish Finance Minister Paschal Donohoe stressed in 2019 that there was no noticeable effect on Ireland's national lottery. Lotto Hamburg, on the other hand, reports that illegal bets from Lottoland have caused considerable damage to the common good-oriented German Lotto and Totoblock . As a result, the federal states and non-profit organizations lose around 200 to 250 million euros per year. In response to the criticism, Lottoland established the non-profit Lottoland Foundation based in Hamburg . Lottoland does not disclose how much goes to the foundation for charitable purposes. Its purpose is to promote sport for disabled and non-disabled people. In May 2017, commercials were shown on private television under the slogan Happy Without Borders and perimeter advertising was switched on in German football matches. It supports professionals such as Alhassane Baldé , but also smaller projects in children's sports such as Die Arche in Berlin.

The Süddeutsche Zeitung criticized the Wikipedia article created by paid writing . He was whitewashed and feigned neutrality about society. The marketing agency disclosed the process in the version history, but the paid author tried again and again to discredit the State Treaty on Gambling , which prevented a license in Germany, and used targeted advertising links via high profit distributions and their protection. This sparked controversy among volunteer writers. References to the lack of authorization to market known lotteries online in Germany were simply removed as part of the paid work. Instead, embellished company statements were adopted uncritically in order to hide the problem of illegal gambling and to criticize the German lottery law, which, in the opinion of the Lottoland CEO, is not in conformity with EU law.

The German Lotto- und Totoblock criticizes the fact that Lottoland offers jackpots at levels that are not permitted by law in Germany because they encourage gambling addiction . In addition, Lottoland does not disclaim the dangers of gambling addiction, as is mandatory in the German lottery. Furthermore, the illegal provider copies the visual design of approved games of chance and advertises with private seals of approval such as Trusted Shops . Even the name Lottoland is misleading advertising , as it suggests participation in a real lottery. Many participants are completely unaware that they may be playing illegally.

Saartoto points out that the company often simply does not pay out smaller winnings and, in the event of a win, blocks the tippers' gaming accounts in accordance with its own terms and conditions . A legal dispute against a foreign company is often too high a hurdle for the cheated Lottoland customers. When betting on MegaMillions and PowerBall, Lottoland retains 38% of the winnings in the three highest prize classes according to the terms and conditions. Furthermore, Lottoland reserves the right to pay out the prizes in pieces over a period of 30 years.

Web links

Single receipts

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  108. ↑ image the lottery Country Fever: the strange jubilation report on a Berlin charwoman who wins Euro 90 million
  109. ↑ Black Lotteries - Watch Your Game

Coordinates: 36 ° 8 ′ 51 ″  N , 5 ° 21 ′ 14 ″  W.