WINNERS CIRCLE MEMBERSHIP TERMS

The membership terms below apply from May 14, 2012.

Part A - About these terms

1

These terms: These are the terms applicable to Winners Circle membership. They are important and should be read carefully by you. This version of the membership terms is applicable from 14 May, 2012.

These terms are broken into the following parts:

  • Part A: which is this introductory part.
  • Part B: This part contains definitions of some of the expressions you will find used in these terms.
  • Part C: This part contains a range of important terms in relation to Winners Circle membership including, amongst other things, terms dealing with card ownership, fees, keeping your contact details up to date, prize payments, safeguarding Receipts and other issues.
  • Part D: This part contains that part of the terms which relates to the weekly bonus draw promotions which are a benefit of Winners Circle membership.
  • Part E: This part contains that part of the terms which relates to Winners Circle Online. That is an online service which allows Winners Circle members who register for it to access certain information online.
  • Part F: This part contains that part of the terms which relates to your Golden Casket Product Account, which is an online service which allows Winners Circle members who register for it to enter lotteries online.
  • Part G: This part contains a number of miscellaneous terms which are applicable to Winners Circle membership.
2 Your agreement: You agree to the Winners Circle Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Winners Circle card to enter a lottery or otherwise make use of the benefits or services available to Winners Circle members).
3 Which Parts of these Membership Terms Apply to You: If you are a member of the Winners Circle program, then Parts A to D and G apply to you. If you are accepted into Winners Circle Online, then Part E also applies to you. Part F applies to you if you have a Golden Casket Product Account. Except as indicated, terms applicable to the Winners Circle program also apply to Winners Circle Online and your Golden Casket Product Account (if applicable to you). Except as indicated, terms applicable to Winners Circle Online also apply to your Golden Casket Product Account (if applicable to you).
4 Adding features to your membership: By having a Golden Casket Product Account, you are automatically registered as a member of the Winners Circle Program.
5 Existing members: If you are asked to accept these terms in respect of your existing Winners Circle membership then your acceptance acknowledges that terms you accept replace the terms applying to your existing membership to the extent that they are different. Your acceptance in that situation does not create a further contract between you and us in relation to the Winners Circle program.
6 Changes: You will see in Part G that the Winners Circle Membership Terms may change from time to time.

Part B - Definitions

7

Definitions
Unless otherwise indicated, these terms have the following meanings:

7.1 "Golden Casket agent" means an agent appointed by us pursuant to the Lotteries Legislation.
7.2  “Golden Casket Product Account” means an internet account with Golden Casket.
7.3 "Lotteries Legislation" means the Lotteries Act (Qld) 1997 and the Lotteries Rule (Qld) 2010.
7.4 "Product Account" means the Golden Casket Product Account referred to in Part F.
7.5 "Receipt" means a document, token or other thing recognised by us as evidencing a right of entry into a lottery operated by us.
7.6 "Winners Circle Membership Terms" mean the Winners Circle Membership Terms as they stand from time to time.
7.7 "We", "us" and "our" means Golden Casket Lottery Corporation Limited (ABN 27 078 785 449) of 87 Ipswich Road, Woolloongabba, Brisbane in the State of Queensland, Australia.
7.8 "You" and "your" means you, the Winners Circle member.

Part C - The issue of a Winners Circle card, contact details, checking Receipts, payment of prizes, lost or stolen Receipts

8 Card our property: The Winners Circle card is and will remain our property and must be returned on demand. It is not a payment card.
9 Age requirement: If you are an individual, you must be at least 18 years old to have a Winners Circle card.
10 Intentionally Not Used:
11 Use of a syndicate name: For your convenience, you can provide a "syndicate name" in addition to the name of the registered player/s for the Winners Circle card. However, our agreement is with the registered player/s only. We are not bound by any rule or agreement made between syndicate group entrants, whether or not a "syndicate name" is provided on a Winners Circle card.
12 Fees: To have (and continue to have) a Winners Circle card and be (and continue to be) a Winners Circle member, including for eligibility for the Weekly Bonus Draws, you must, when requested by us or a Golden Casket agent, pay the activation fee and the annual administration fee as set by us. These fees are non-refundable.  Details regarding the activation and annual administration fees set by us can be found on our website (www.goldencasket.com) or at Golden Casket agents.  We will notify you of any changes to the fees.
13 Information about you:
13.1 Information to be complete and accurate: You must ensure that all information you provide us in relation to your Winners Circle membership is complete and accurate and not misleading, or likely to mislead, in any way.
13.2 You are to keep contact details etc up to date: It is your responsibility to ensure that the contact details you provide to us (e.g. name, mail address, e-mail address and telephone number) and any bank account details you provide to us remain current. You should notify us of any change by calling our contact centre on 131 868 or, where available, using the update facilities provided by Winners Circle Online or at www.goldencasket.com. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on the details you provide to us to, amongst other things, send you cheques and transfer funds and to call you if you win a Division 1 prize.
14 Numbers and/or entry details recorded on Receipts: It is your responsibility to check that any numbers stored to your Winners Circle card have been correctly entered and to check that numbers and/or entry details recorded on Receipts are correct at the time of issue.
15 Payment of prizes registered to a Winners Circle card
15.1 Prize payments for Lotto Direct dealt with separately: Please note that Clause 15 does not apply to prize payments where the entry has been purchased through a Golden Casket Product Account.
15.2 Payment by cheque: A prize registered to a Winners Circle card (other than a Division 1 prize) that is not claimed by you or any other person within 4 weeks will be paid by cheque in the name of the registered Winners Circle member (or, if there are two registered players, in both their names jointly). The cheque will be forwarded by ordinary post to the address registered to the Winners Circle card. It is therefore important that you keep your contact details up to date (see clause 13). You should also safeguard your Receipt to avoid some other person using it to claim the prize if it is a prize winning Receipt (see clause 16).
15.3 Payment where 2 registered players: If there are two registered Winners Circle members for a prize winning Receipt those members hereby direct us to pay their prize to either one of them or to both of them whichever we may choose to do.
15.4 Phone call to Division 1 winners: We will check to see whether a Division 1 prize has been won by a registered Winners Circle member. If it has been, we will call the phone number registered to the Winners Circle card by the end of the next business day and may make other attempts to contact the registered player/s to let the registered player/s know they have won. It is therefore important for you to ensure your contact details remain complete and accurate (see clause 13).
15.5 Payment of Division 1 prizes: Division 1 prizes will be paid either by cheque in person at our offices, or, if we agree to a request by the registered Winners Circle member/s, by cheque forwarded by registered or express post or by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia (we may or may not agree to such a request at our discretion).
15.6 Proof of ownership / identity: Before we pay any prize we may, at our discretion, require a Statutory Declaration of ownership of the prize winning Receipt and/or proof of identity of the registered Winners Circle member/s to our satisfaction and/or production of the prize winning Receipt and/or production of the relevant Winners Circle card.
15.7 Disputed prize: If there is a dispute between competing claimants for a prize, we may choose, in our absolute discretion, to pay the prize money into court.
16 Lost and stolen Receipts - Prizes can only be claimed by the bearer if they have the relevant Winners Circle card
16.1 Prize payments for Golden Casket Product Account dealt with separately: Please note that clause 16 does not apply to prize payments where the entry has been purchased using a Golden Casket Product Account.
16.2 Receipts: It is important that you safeguard your Receipt. Any prize payment we make to a person surrendering a winning Receipt and relevant Winners Circle card (i.e. the same Winners Circle card as was used to register the entry) will (subject to any legal right you may have against us which cannot be excluded) discharge any liability we have in respect of that winning Receipt.
16.3 Lost or stolen Receipts: We are not responsible for lost or stolen Receipts and under no circumstances can a person to whom a winning Receipt is registered claim a prize already paid by us to a person who previously presented the winning Receipt to claim the prize. If your Receipt is lost or stolen you should tell us immediately by calling our contact centre on 131 868. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.
17 Payments made to you by mistake: Notwithstanding anything else in these terms, if a prize is registered to your Winners Circle card by mistake (e.g. if you are not the true owner of the Receipt but the Receipt has been mistakenly registered to your Card) and we pay you the prize, you are to reimburse us upon demand.  Where it has come to our attention that we have paid you a prize in error, we will notify you as soon as possible.

Part D - Weekly bonus draw promotions

18

Definitions:
Unless otherwise indicated, these terms when used in this Part D have the following meanings:

18.1 "Applicable Game" means a Saturday Gold Lotto, Wednesday Gold Lotto, Powerball, Oz 7 Lotto, Pools, Super 66 or Casket game.
18.2 "Promotional Period" means the promotional period approved from time to time by OLGR.
18.3 "Purchase" means the purchase of a single Receipt in an Applicable Game. It does not include the purchase of an entry in an Applicable Game purchased through a mail order business (excluding our mail sales service).
18.4 "OLGR" means the Office of Liquor, Gaming & Racing.
18.5 "Weekly Draw Period" means the period of one week between 00.01hrs Monday and 23.59hrs Sunday, during the Promotional Period.
19 Lotteries Rule, Schedule 9: We conduct the weekly bonus draw promotions in accordance with the Lotteries Rule (Qld) 2010, Schedule 9.
20 Prize Value: The total prize value for each week is $20,000 which comprises 4 prizes of $5,000 each or such greater amount determined by us from time to time at our discretion as approved by OLGR. In the event that we change the amount of the weekly bonus draw for a particular period, we may advertise such on our website (www.goldencasket.com), in Golden Casket agencies or by any other means determined by us at our discretion.
21 Entry
21.1 Entry mechanism: We automatically enter you into a weekly bonus draw each time you register a Purchase to your Winners Circle card during the Promotional Period.
21.2

Number of entries: The number of entries you will receive and the weekly bonus draw in which you will be entered, is as follows.

  1. For a Purchase which is not a multiweek entry, you will receive one entry in a weekly bonus draw for each $1.00 (or part thereof) of the value of the Purchase. You will be entered into the weekly bonus draw for the Weekly Draw Period in which the Purchased entry is drawn.
  2. For a Purchase which is a multiweek entry, the value of the entry will be divided by the number of weeks for which it is valid to arrive at a "value for each week". You will then receive one entry in each weekly bonus draw relating to that period for each $1.00 (or part thereof) of the "value for each week", as if each "value for each week" is a separate Purchase under clause 21.2(a).
21.3 Cancelled entries: If you cancel your Purchase, we may cancel your entry in the weekly bonus draw for that Purchase.
21.4 Special bonus entries: We may, as advertised from time to time, provide special bonus entries for certain Applicable Games, subject to OLGR approval.
22 Draw and payment of prize
22.1 When draws occur: A weekly bonus draw will be conducted by us once for each Weekly Draw Period after the Weekly Draw Period.
22.2 The draw: A weekly bonus draw will consist of the random selection of 4 valid entries from all entries generated for that weekly bonus draw in accordance with clauses 21.1 to 21.4.
22.3 Announcement of winner's initials & suburb: We may announce and publish the initials and suburb or town of the winning registered player/s for each weekly bonus draw.
22.4 Contact: We will contact the winning registered player/s for each weekly bonus draw by phone and/or mail and/or email using the current contact details for the winning registered player/s in the Golden Casket Winners Circle players register.
22.5 Payment: The prize for the weekly bonus draw will be payable by cheque (or electronic funds transfer if agreed with the winning registered player) to the name/s of the winning registered player/s at the address listed for the registered player/s in the Golden Casket Winners Circle players register.
23 Delay/Modification: Notwithstanding anything else in these terms, and subject to obtaining the approval of OLGR, we reserve the right to delay or modify the weekly bonus draw promotions, including the promotional draws or provision of prizes, if for any reason any aspect of these promotions is not capable of running as planned.

Part E - Winners Circle Online

24 Email: You must have and maintain a current email address to use Winners Circle Online.
25 Password: You must select a password to access Winners Circle Online. You must choose a password that cannot easily be guessed by others and that complies with our password guidelines. You must keep the password you select private and secure. If your password is disclosed or vulnerable to disclosure (for example, written down and lost), you must notify us. You can do so by calling our contact centre on 131 868. Any use of Winners Circle Online by a person using your Winners Circle card number and password will be deemed to be authorised use by you.

Part F - Golden Casket Product Account

26 If you have a Golden Casket Product Account, refer to Part F (Golden Casket) of the Terms and Conditions of your Golden Casket Product Account for terms and conditions that are specific to your Golden Casket Product Account and the Golden Casket Products and services.

Part G - Miscellaneous

27 Legislation: These terms are subject to the Lotteries Legislation. In the event of any conflict between these terms and the Lotteries Legislation, the Lotteries Legislation will prevail to the extent necessary to resolve the conflict. Nothing in these terms affects any rights you may have and which by law cannot be excluded, including under the Australian Competition Law (Schedule 2 of the Competition and Consumer Act (Cth) 2010).  Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
28
Availability of online services: The accessibility and operation of Winners Circle Online and www.goldencasket.com rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of these services. Further, we may in our discretion close or limit access to the online services from time-to-time (e.g. access to Winners Circle Online or your Golden Casket Product Account (if applicable to you) may not be available for periods of scheduled downtime each day or at all on Christmas Day or Good Friday). Also, the service may be terminated in accordance with clause 40.
29
Limitation of our liability to you: Winners Circle membership is at your own risk and, to the extent permitted by law, you relieve us of any liability to you (whether in contract, tort or otherwise whatsoever) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility (e.g. access to www.goldencasket.com) provided to you as a Winners Circle member, save to the extent that such liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.
30 Changes: 
30.1

How we can change these terms: We may change these terms by getting your consent or complying with this clause 30.  The steps we must take depend on the type of variation. If you are not satisfied with a change to the terms, you may terminate your membership without any fees or charges by calling the contact centre on 131 868.

30.2

Changes of no detriment to you: If we reasonably consider that any change to these terms is likely to benefit you, or be of no or immaterial detriment to you, we can make the change immediately and do not need to notify you.

30.3

Other changes: We will notify you of all other changes to these terms by our choice of at least one of the following:

  1. the next time you access your Winners Circle membership or Golden Casket Product Account (if applicable to you) using our website (www.goldencasket.com), starting at least 30 days prior to the change occurring (you may not see that notice until later, or even after the change has occurred, depending on how frequently you access your Winners Circle membership or Golden Casket Product Account (if applicable to you) using our website); 
  2. by mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring; or
  3. by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring.
30.4
Commencement of change: The notification in clause 30.3 will specify the date of commencement of the change to these terms.
31

Notices: Where we are required or permitted to give you information (e.g. a notice) under these terms, we may do so in any way, including by:

  1. giving you the information in person (whether it be provided by us or our agents); or
  2. giving you the information by telephone, facsimile, mail or email using the contact details you give to us; or
  3. making the information available on our website (www.goldencasket.com); or
  4. by notice displayed in Golden Casket agencies.
Where we give you information in person or by telephone, it is taken to be received by you at the time we give it. Where we give you information by facsimile, it is taken to be received by you at the time shown on the transmission confirmation report produced by the fax machine from which it was sent. Where we give you information by mail, it is taken to be received by you on the day after posting. Where we give you information by email, it is taken to be received by you when the email is sent, regardless of any response to the email. Where we make information available on our website, it is taken to be received by you at the time the information is made available on the website.
32
Electronic communications: Where the Lotteries Legislation requires or permits us to give information to you, you consent to that information being given by an electronic communication. Words used in this clause have the meaning given to them, where defined in the Electronic Transactions Act (Qld) 2001.
33
Privacy:
33.1
Why we collect personal information: We collect information about you from your application for registration and from your transactions and use of our website (www.goldencasket.com).  This information may include your name, contact details, date of birth, identification details and details relating to your transactions and use of our website (www.goldencasket.com).  We collect this information for the purpose of assessing and processing applications for registration and for the administration of your Winners Circle membership, and for carrying out marketing, planning, product development, administration of our website (www.goldencasket.com) and research.  If you do not provide all the information requested in the application for registration, except for those fields marked ‘optional’, we cannot process your application.
33.2
Direct marketing: By participating in the Winners Circle program, you consent to us contacting you by email and/or SMS to provide you with information about upcoming events, promotions, new products and services or other similar opportunities. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences online or by calling the contact centre on 131 868.
33.3
Privacy policy: Our privacy policy provides particulars as to how we deal with your personal information. Our privacy policy can be viewed on our website, at www.goldencasket.com or you can contact us and ask for a copy. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.
34
Disclosure of information: You consent to us disclosing such information about you to other companies in the Tatts Group, our contractors and Golden Casket agents as may be reasonably necessary to facilitate your participation in the Winners Circle program. We will not disclose information about your Designated Bank Account to Golden Casket agents.
35
Assignment by member: Membership is personal to you and cannot be assigned (transferred) to some other person without our prior written consent.
36
Assignment by Golden Casket: We may assign our rights and obligations under these terms to any person and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges by calling the contact centre on 131 868.
37
Right to participate in a lottery: Your right to make use of your Winners Circle membership to participate in a lottery (e.g. the use of your Winners Circle card to purchase an entry) is conditional upon your compliance with these Winners Circle Membership Terms.
38
The death of a member: The death of a member automatically terminates the member's membership and it cannot, for example, be effectively left by Will to some other person.
39
Breach by you: If you have committed a material breach of any of these terms including, for example, if we become aware or reasonably believe that your membership may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused or been subject to unauthorised use, we may, without limitation to such other rights and remedies as we may have, terminate your membership and, unless we notify you to the contrary, any transactions resulting in a material breach of any of these terms will be void. If a prize has already been paid to you (e.g. credited to your Golden Casket Product Account) we may require you to repay the prize to us or, where permitted by Lotteries Legislation, deduct the prize from any relevant accounts with us.
40 Termination: We may terminate the Winners Circle program or any part of it (e.g. Winners Circle Online) or any membership or access to the program or any part of it (e.g. Winners Circle online) at any time for any reason we see fit by giving you notice in accordance with clause 31 above.  Where we withdraw the Winners Circle program or any part of it in accordance with this clause 40, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.  You may terminate your membership in the Winners Circle program or any part of it (e.g. Winners Circle Online) at any time by calling the contact centre on 131 868.
41
Governing law and jurisdiction: The laws of Queensland govern these terms. Each of us submits to the jurisdiction of the courts of the State of Queensland.
42
Website Use: The terms and conditions regarding the use of our website, currently located at www.goldencasket.com, are applicable to Winners Circle members as if, for all intents and purposes, they were reproduced in these Winners Circle Membership Terms. To the extent of any inconsistency, these Winners Circle terms will prevail over the website terms. 
43
Exercising rights: We can exercise our rights at any time within the limits of the law. If we delay in exercising our rights, this does not mean we give up those rights. 
44
Cross references: There are clauses in these terms which cross-reference to information on our website. That cross-reference is not intended to make the cross-referenced information a part of these terms and conditions. 
45

Interpretation: In these terms:

  1. headings are for convenience only and do not affect interpretation;
  2. "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
  3. a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
  4. if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. "includes" in any form is not a word of limitation;
  6. a reference to “application for registration” or “application” means your application described in section 5 of Part B of the Terms and Conditions; and
  7. a reference to "$" or "dollar" is to Australian currency.