Researcher: How much is the 79 shekels?
Respondent's representative: It's a service fee. It's a service fee for filling out the forms, sent, checking, transferring your winnings to the bank [...]. In other words, it's the whole set of service and service fee 79 and then you add according to the number of tables you want to participate. It depends again on how much you want to pay, you can pay a track, there's a track for 300 and something like that, there's 400. It depends on how much, again. It changes.
Researcher: Is the fee a one-time fee or is it every month?
[...]
Respondent's representative: It's a month. It's a monthly service fee."
- Respondent 5 prima facie informs its customers – even those who ask a direct question on the matter, and in response to a telephone call – that there is a monthly service fee and not all of the subscription fees are used for the purchase of lottery tickets. However, from the data provided by the accountants on behalf of the respondent, the "service fee" in the first track, i.e., the amount that is not used for the purchase of lottery tickets, is greater than NIS 79. In the first track, the amount out of the subscription fee used to purchase lottery tickets is NIS 51.84. The subscription fee in this track is, as recalled, NIS 139, NIS 179 or NIS 229. If NIS 51.84 of the subscription fee is used to purchase lottery tickets, in each of the tracks the service fee is more than NIS 79, contrary to what the representative said in the conversation.
- Snir Chen claimed in his affidavit that the telephone representative, who stated the sum of NIS 79 as a service fee, was referring to the fee that applied to the plan whose price is only NIS 129, while in the other tracks the amount of the fees is different. Mr. Chen also claims that this was clarified by the telephone representative, who noted at the end of his answer, "It varies".
- The argument is mine-based. At no point in the transcripted conversation was there any mention of a plan whose price was NIS 129, especially since according to the respondent's own documents such a plan does not exist at all. The representative's statement "it varies" referred to the final price of the plan, which changes according to the number of tables purchased by the customer, as appears from the representative's words.
- It emerges from the compilation that indeed, the person who requested information on this matter receives oral information from this respondent about the portion of the subscription fee that is not used for the purchase of lotteries. However, the information provided orally is not accurate. In any event, the information is not presented in the regulations or in the publications.
Respondent 6 - Lotto Six
- Respondent 6 offers its customers a number of joining tracks. Information about the tracks appears on the Respondent's website. Some of the tracks offer group participation in the lottery, so that a number of lottery forms are submitted for a specific group of people, and in the event of winning a prize, it is divided among the group members. Some of the tracks also offer personal participation, so that each participant submits a personal lottery form, and in the event of winning the winning prize, he is not required to share it with other participants. The company also offers "bonuses included in the price of the track – additional lottery forms sent by the company, and in the event of a win, the prize is divided among 100 participants." Alongside the description of the tracks, their price is also indicated. Similarly, here too, the Respondent states, on its website and in its engagement agreement, that in any case of winning, individually or collectively, the Respondent wins 10% of the prize.
- The Respondent's website and in the Respondent's engagement agreement do not clarify how much of the subscription fee is used to purchase tickets and how much of it constitutes a service fee. Moreover, in a telephone conversation that took place between a researcher on behalf of the Applicant and a service representative of the Respondent, the impression was received that all the subscription fees were used for the purchase of lottery tickets:
"Researcher: So all 119 are going to the lottery?