PLAYERS CLUB MEMBERSHIP TERMS

Terms & Conditions

These terms and conditions are effective from 7th October 2015

1

Application of Membership Terms: These are the Membership Terms applicable to Players Club membership. They are important and should be read carefully by you. By having a NSW Lotteries Product Account, you are automatically registered as a member of the Players Club program. If you have been automatically registered as a member of the Players Club program you will only be issued an actual or electronic Players Club card if you elect to receive a Players Club card.

2

Fees: To have (and continue to have) a Players Club card and be (and continue to be) a Players Club member, you must, when requested by us or a NSW Lotteries Outlet, pay the activation fee and annual administration fee as set by us. These fees are non-refundable.

2.1

Details regarding the activation and annual administration fees set by us can be found at NSW Lotteries Outlets and at www.nswlotteries.com.au. We will notify you of any changes to the fees.

2.2

If you are already a member of the Players Club program before you open a NSW Lotteries Product Account, you can link your Players Club card to your NSW Lotteries Product Account. By linking your Players Club card to your NSW Lotteries Product Account, you will be able to view online your transaction history for all purchases made by you at any NSW Lotteries Outlet where those purchases are registered to your Players Club card.

3

Acceptance of Membership Terms: You agree to the Players Club 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 Players Club card to enter a lottery or otherwise make use of the benefits or services available to Players Club members). If you are asked to accept these Membership Terms in respect of your existing Players Club membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.

4

Eligibility: Players Club membership is only available to persons 18 years of age or older. Your right to make use of your Players Club membership to participate in a lottery (e.g. the use of your Players Club card to purchase an entry) is conditional upon your compliance with these Membership Terms.

5

Prizes: Prizes registered to a Players Club card can only be claimed if you present the relevant Players Club card (i.e. the same Players Club card as was used to register the entry). We may additionally request either a statutory declaration of ownership or the original entry ticket be produced prior to the payment of any prize registered on a Players Club card.

5.1

A prize registered to your Players Club card (other than a Division 1 prize, a 1st prize or a Lucky Lotteries Jackpot prize):
(i) Below $1,000 or above $10,000 and not claimed within 8 weeks of the relevant draw date, or:by crediting the then recorded NSW Lotteries Product Account which you have linked to your Players Club card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures);
(ii) Between $1,000 and $10,000 and not claimed within 2 weeks of the relevant draw date; will be paid at our election, or at your election if you have a linked NSW Lotteries Product Account in any one of the following ways: (a) by crediting the then recorded NSW Lotteries Product Account which you have linked to your Players Card (but only if you are an unrestricted member, that is, only if your identity, age and place of residence have been verified in accordance with our identification procedures); (b) by remittance in Australian dollars through a bank nominated by you with an Australian branch of a bank carrying on a business in Australia
(c) by cheque in the name of the registered Players Club 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 Players Club card.

Prizes in respect of multi-week entries will be paid approximately eight weeks after the draw date of the last entry recorded on that lottery ticket.

5.2

We will check to see whether a Division 1 prize, a 1st prize or a Lucky Lotteries Jackpot prize has been won by a registered Players Club member. If it has been, we will call the phone number registered to the Players Club card by the end of the next business day after the draw date and may make other attempts to contact you to let you know you have won a prize. It is therefore important for you to ensure your contact details remain complete and accurate (See Clause 8).

5.3

Division 1 prizes, 1st prizes and and Lucky Lotteries Jackpot prizes (other than a 1st Prize for Set for Life which will be paid in accordance with the relevant rules) are available for payment from the first business day two weeks following the draw. These prizes will be paid, at our election, either by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia, or by cheque in person at our offices, or, if we agree to a request by the registered Players Club member, by cheque forwarded by registered or express post to the address registered to the Players Club card (we may or may not agree to such a request at our discretion).

5.4

A nominal handling fee inclusive of GST may be deducted from those prize payment cheques of $1,000 or less. We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.

6

Prize claims: Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Players Club card or not.

7

Mistake: Notwithstanding anything else in the Membership Terms, if a prize is registered to your Players Club card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Players Club card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand. Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.

8

Personal details: It is your responsibility to ensure that the personal details (including the details of any NSW Lotteries Product Account linked to your Players Club card), your bank account details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. 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 this information provided by you to, amongst other things, process your prize payments.

9

Availability of internet services: The accessibility and operation of the Players Club membership program relies on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.

10

Ownership of a Players Club card: he Players Club card remains our property. We reserve the right to withdraw the card and terminate the Players Club membership program at any time and to pay out any prize moneys which may be outstanding, in accordance with the Rules, by giving you at least 30 days’ notice. You may continue to use your Players Club card in accordance with the Membership Terms during the notice period. Where we withdraw your Players Club card in accordance with this section, 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.

11

Breaches:If you have committed a material breach of any of the Membership Terms, including for example, if we become aware or reasonably believe that your Players Club card 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 we may have, terminate your membership. We will notify you as soon as possible of the termination without any requirement to outline the reasons for such cancellation.

12

Liability: We assume no responsibility or liability for lost or stolen tickets and under no circumstances shall registration as a Players Club member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket to us or a NSW Lotteries Outlet. If your ticket is lost or stolen you should tell us immediately. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.

12.1

Except to the extent that guarantees under the Australian Consumer Law cannot be excluded we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Players Club card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents. It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.

12.2

Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Players Club membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) 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 provided to you as a Players Club member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).

13

Privacy: NSW Lotteries is authorised to collect certain personal information for the purpose of processing your application for registration of your membership of the NSW Lotteries Players Club program under the Public Lotteries Act 1996 and the Rules (NSW).

13.1

By becoming a member you consent and authorise us to access, collect and use the personal information collected about you and disclose personal information about you, to NSW Lotteries and its contractors and agents (which may include disclosure to financial institutions, lawyers, auditors, IT service providers, mail service providers, marketing service providers, market research companies, selling agents) and gaming and other regulators, for the purposes of (i) registration of your membership; and (ii) providing you with information about products and services.

13.2

We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Players Club card, for the purposes of the administration and conduct of the Players Club program. We may also disclose your Players Club card number on the customer display screen when you choose to use your Players Club card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. When submitting your membership registration, you can elect to not have your name disclosed when announcing major prize winners. 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.

13.3

If you do not provide the personal information requested, we cannot process your application for registration. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup.com/legal/privacy. The Tatts Group Privacy Policy, available at www.tattsgroup.com/legal/privacy, contains further information about how you may access and seek a correction of your personal information, how you may complain about privacy related matters and information about how your complaint will be dealt with. For privacy related queries, please contact 131 868 or privacyofficer@tattsgroup.com.

14

Communication with you: By becoming a Players Club member you consent to us contacting you by email and/or SMS or other means of electronic communication to provide you with information about upcoming events, promotions, new products and services or other similar opportunities including payment of free prize tickets. 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 by contacting us on 131 868 or customersupport@nswlotteries.com.au.

15

Variation of Membership Terms: We may vary any of the Membership Terms by getting your consent or complying with this section. The steps we must take depend on the type of variation. If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you. We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring. The notification will specify the date of commencement of the change to the Membership Terms. If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

16

Notices: Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 15, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at www.nswlotteries.com.au

16.1

Where we give you notice:
• in person, it is taken to be received by you at the time we give it;
• by mail, it is taken to be received by you on the day after posting;
• by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and
• by other means of communication when the messages are sent
• by making information available on www.nswlotteries.com.au, it is taken to be received by you at the time the information is made available on www.nswlotteries.com.au

16.2

Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:
• mail addressed to Locked Bag 7, Coorparoo DC QLD 4151; or
• email to customersupport@nswlotteries.com.au

16.3

Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

17

Agreement between group entrants: We shall not be bound by any rule or agreement made between group entrants.

18

Assignment: We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 16. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.

19

Application of game rules: The Membership Terms which are available for inspection at www.nswlotteries.com.au are to be read in conjunction with the Rules. In the event of any conflict between the Membership Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict.

20

Jurisdiction: The laws of New South Wales govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the State of New South Wales.

21

Waiver: Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.

22

Website: There are sections in the Membership Terms which cross reference or link to information on www.nswlotteries.com. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.

23 Interpretation:

Nothing in the Membership Terms affects your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

In the Membership Terms:

  1. headings are for convenience only and do not affect interpretation;
  2. "person" includes an individual, a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
  3. 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;
  4. "includes" in any form is not a word of limitation;
  5. a reference to "$" or "dollar" is to Australian currency; and

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Membership Terms” mean the Players Club membership terms contained in this document as amended from time to time.
"NSW Lotteries" means New South Wales Lotteries Corporation Pty Ltd (ACN 142 890 195).
“NSW Lotteries Outlets” means a retailer appointed by NSW Lotteries.
“NSW Lotteries Product Account” means an internet account with NSW Lotteries.
“Rules” means the game rules approved by the Minister from time to time for the conduct of lotteries.
“Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).
"You" and "your" means you, the Players Club member.
“We”, “us” and “our” means NSW Lotteries.