How to read these Terms and Conditions
These Terms and Conditions are set out in five parts.
Part A and Part E apply to all the Accounts you have with us and all the products and services you receive from us. Part A contains general terms and conditions, and Part E sets out the definitions for any capitalised terms used throughout these Terms and Conditions, as well as rules about how to interpret the Terms and Conditions.
Parts B, C and D apply to specific Accounts, products and services that we offer. In particular:
Part B contains the terms and conditions that are specific to your Corporate Account and the services provided by Tatts Online.
Part C contains Terms and Conditions that are specific to your Product Account and the products and services your Product Supplier provides to you.
Part D contains terms and conditions that are specific to the Lott Members Club Program.
As general Parts, Parts A and E will apply to these specific subject matters as well. For example, the terms and conditions that apply to your Corporate Account and the products and services provided by Tatts Online will be set out in Parts A, B and E, and you should read each of these Parts.
If there is an inconsistency between:
Part A (General Terms and Conditions); and
any of the Terms and Conditions contained in Parts C and D,
the Terms and Conditions in Parts C and D will prevail to the extent of any such inconsistency.
Occasionally certain products and services may not be available for purchase.
1.1 The Terms and Conditions are subject to the Legislation and Rules. In the event of any conflict between:
(a) the Legislation;
(b) Rules; and/or
(c) these Terms and Conditions
the item that appears higher in the list will apply to the extent necessary to resolve the conflict.
2.1 The Terms and Conditions govern all aspects of your transactions and interactions with us relating to Accounts and The Lott Members Club Program.
2.2 By establishing Accounts you represent to us that you have read, understood and accept that you agree to be bound by the applicable Terms and Conditions.
3.1 Nothing in this clause 3 affects your rights under the Australian Consumer Law. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.
3.2 The accessibility and operation of our website, The Lott Website (https://www.thelott.com and any associated sub-domains) and The Lott mobile applications (together, our Digital Channels) rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of our Digital Channels.
3.3 We may from time-to-time close or limit access to our Digital Channels or your Accounts for various reasons including, for example, scheduled downtime or as part of our continuous security monitoring controls.
3.4 From time to time, our Digital Channels may contain links to other internet sites not operated by us. We do not control those sites and as such:
(a) we are not responsible for their content; and
(b) these links do not indicate endorsement by us or support of any goods, services or content on those sites.
3.5 We cannot and do not guarantee that files available for downloading from our Digital Channels will be free of viruses, or other codes that may corrupt or infect your computer. You are responsible for implementing virus checking and other procedures to prevent any such corruption or infection.
3.6 We may at any time and without notice update or amend the help pages and other procedures and explanatory information displayed on or accessible within our Digital Channels.
4.1 Our commitments to you in relation to the Digital Channels, Accounts, Products and any other things we provide under these Terms and Conditions, are as set out in these Terms and Conditions. We only accept liability in relation to such matters for breach of the commitments we make in these Terms and Conditions, or where such liability arises due to our negligence, wilful misconduct, or for liability that we cannot exclude under the Australian Consumer Law (including those guarantees under the Australian Consumer Law that apply, and liability we may have in connection with representations or other communications made prior to you establishing Accounts or becoming a Member, or while you use Accounts or are a Member where such liability cannot be limited or excluded).
4.2 The Digital Channels, Accounts and Products are heavily regulated, and your failure to comply with these Terms and Conditions may cause us to breach relevant laws. To the extent permitted by law, you agree to indemnify us, our Related Bodies Corporate, and our and their officers, employees and agents, from and against any Claims, Loss and Liabilities arising out of your breach of these Terms and Conditions, which results in any of those indemnified breaching any relevant laws.
5.1 You will only be able to offer to purchase Products from the Product Suppliers using our Digital Channels if:
(a) you have submitted an application for registration, and we have accepted your application; and
(b) we make available the option for you to offer to purchase Products from the Product Suppliers through your Accounts.
5.2 To purchase Products from Product Suppliers through our Digital Channels you must apply for an Account and apply to be registered as a Member. If we accept your applications:
(a) Tatts Online will open a corporate account in your name (Corporate Account) – this account is your digital wallet on thelott.com and in The Lott App where:
(i) you can deposit funds to be used to purchase Products from Product Suppliers and
(ii) receive any related prize or other funds that a Product Supplier has sent to you (unless you have notified us of, and we have agreed to an alternative payment preference);
(b) the relevant, Product Supplier will open a Product Account in your name, and you will be registered as a Member – the Product Account is your lotteries account where the Product Supplier will
(i) issue and register your entries and
(ii) pay any prizes pursuant to your prize payment preferences;
(c) if offered by us, you will be able to make deposits into your Accounts;
(d) if offered by us, you will be able to offer to purchase Products from Product Suppliers who have opened a Product Account in your name;
(e) you may use funds in your Accounts to purchase Products in-store from your relevant Product Supplier; and
(f) you will be registered as a Restricted Member for all your Accounts until such time as your identity, age, and State or Territory of residence have been verified in accordance with our identity verification procedures. Once we have been able to verify your identity, we may register you as an Unrestricted Member.
5.3 The operation of your Account and some functionality will be unavailable until we have completed identity verification procedures referred to above. You can read more about our identity verification procedures and Restricted / Unrestricted Member processes in Part B.
5.4 We may allow you to apply to register for a Corporate Account only. If we accept your application for registration for a Corporate Account only, your account may enable you access to certain promotions that we offer from time to time but you will not be able to offer to purchase Products from Product Suppliers unless you choose to apply for and we accept your application for registration to a Product Account. Where this clause 5.4 applies, only the relevant Terms and Conditions in this clause "5. Registration" which relate to Corporate Accounts will apply to your Account.
5.5 You can only make an application for an Account and to register as a Member:
(a) if you are an individual person (unless otherwise specified in the Terms and Conditions or agreed by us);
(b) if you are at least eighteen (18) years of age (or older if required by any laws applicable in your place of residence or in any jurisdiction in which you are located when transacting with us);
(c) if you are not currently excluded from acquiring any Products for any reason; and
(d) where such registration and the opening of Accounts with us does not contravene any law that applies in your place of residence or in any jurisdiction in which you are located when transacting with us.
5.6 When you make an application for registration you provide us with certain information. It is your ongoing responsibility to inform us of any changes to the information you have given us. We rely on this information being true, correct and not misleading. If the information is untrue, incorrect or misleading in any material way:
(a) we may cancel or suspend your Accounts;
(b) each relevant Product Supplier may cancel and dishonour any Product purchases or offers to purchase Products made by you; and
(c) where you have committed a serious breach of this clause 5.6, including where there has been a breach of law, each relevant Product Supplier may retain (or recover from you) the value of those Product purchases and any winnings paid to you.
5.7 If you are prohibited by any law from accessing or using our Products, we do not agree to:
(a) accept your application for registration;
(b) accept your deposit of funds;
(c) accept your offer to make Product purchases from Product Suppliers; or
(d) pay you any winnings,
while you are prohibited.
6.1 Unless otherwise agreed by us, at our absolute discretion, you may only have (i) one Corporate Account and (ii) one Product Account with each Product Supplier with whom you are lawfully entitled to apply for registration and purchase Products from.
6.2 If we reasonably believe that you have more than one Corporate Account, or more than one Product Account with the same Product Supplier, we may at any time, without notice to you, combine the balance of those Corporate or Product Accounts and close any duplicate Corporate or Product Accounts with us, unless we know that the Corporate or Product Accounts:
(a) are not held by the same person; or
(b) are held in different capacities.
We will give you notice promptly after we combine your Corporate or Product Accounts and close any duplicate Corporate or Product Accounts. If we have, in error, combined the balance of your Corporate or Product Accounts with accounts that are held by different persons or held in different capacities, we will reimburse you for any loss of funds that you suffer as a result.
6.2A If we reasonably believe that you hold a Corporate Account but do not hold a Product Account, we may close your Corporate Account by giving you at least thirty (30) days’ notice. Notwithstanding any other provision of these Terms and Conditions, if we close your Corporate Account under this clause 6.2A of Part A, any funds in your Account will be treated as unclaimed money pursuant to the Unclaimed Money Act 2008 (Vic).
6.3 Your Account has been established solely for the purpose of supply by the Product Supplier of Products to you. You may only use funds credited to your Corporate Account and Product Accounts for the purchase of Products, and not for any other purpose (except for the withdrawal of your prize money). Without limiting the foregoing, your Accounts may not be used by you to transfer money to Third Parties, to purchase products or services offered by Third Parties, to make payments to Third Parties or as a bank account.
6.4 Your funds will be held in one or more of The Lottery Corporation's general accounts and you consent to those funds being invested on short term money markets or in interest bearing accounts. We will, however, bear the risk of loss to your funds through such investments. No interest will be payable by us on funds held in your Accounts.
6.5 Only you may transact on your Accounts. We do not recognise or acknowledge anyone other than you, as Member, in relation to the Accounts or any transactions on them or funds contained in them, except in limited circumstances where we (acting reasonably) accept that another person is entitled to act on your behalf at law, such as an executor of a deceased estate. Where a Third Party acts as executor, however, such acts are limited to withdrawing funds from the relevant Account to the estate.
6.6 Where you apply to register for a Corporate Account only, then only the relevant Terms and Conditions in this clause "6. Use Of Your Accounts" which relate to Corporate Accounts will apply to your Account unless you choose to upgrade and we accept your application for registration to a Product Account.
7.1 When you apply for registration, you will be required to nominate a username and password and to provide other verification information.
7.2 In order to access your Accounts and offer to purchase Products, you must authenticate your identity by entering your username and password or using such alternative authentication mechanism as we may make available from time to time.
7.3 You must not disclose your username or password or other verification information to anyone.
7.4 It is your responsibility to ensure that no other person accesses your Accounts using your username and password or purchases Products using your Accounts. You are responsible for any use of your Accounts (including any Products purchased by another person using your Accounts, and associated fees and charges). We have no liability for any Loss that you suffer as a result of another person accessing or using your Accounts, in each case unless the unauthorised access or use was caused by our act or omission.
7.5 If you inadvertently disclose your username and/or password to anyone you should immediately contact us and/or change your username and password.
7.6 You may change your username, password or other verification information or suspend access to your Accounts at any time by contacting us in the manner set out in clause 14.6 of this Part A.
8.1 Information regarding how to make deposits is provided within our Digital Channels.
8.2 You may deposit funds into your Accounts, subject to clause 8.7 of this Part A, by using the deposit services we make available, which may include:
(a) charging to certain debit or credit cards accepted by us; or
(b) any other service we may make available from time to time in the manner shown within our Digital Channels which include but are not limited to deposit by PayPal, BPAY® and transfer from your bank account,
(together, Funding Sources).
8.3 We may change the way deposits can be made (including cancelling or suspending any deposit method) at any time and we will notify you of these changes as soon as practicable.
8.4 When you make a deposit with us you are using a facility offered by Third Party Payment Service and your use of those services is subject to the terms and conditions of use set by those Third Party Payment Services.
8.5 Deposits of funds into your Accounts will only be recognised when we have received confirmation from the Third Party Payment Service that the funds have been cleared for our use.
8.6 We try to ensure that the balances of your Accounts are correct at all times. Nevertheless, you should check the balances of your Accounts and transaction history frequently and if you identify any issues, notify us immediately by contacting us in the manner set out in clause 14.6 of this Part A.
8.7 Deposits you make are subject to the following terms:
(a) Deposits may only be made by Funding Sources issued or held in your name. If you use a Funding Source issued or held in the name of a Third Party to deposit funds to your Account we may, at our discretion, remove the Funding Source from your Account or close your Account. Subject to any rights available to you under the law, if deposits are made to your account using a Funding Source issued in the name of a Third Party, we may remove those funds from your Account, in which case we will attempt to reverse that funding transaction in accordance with our arrangements for that Funding Source.
(b) You cannot, subject to sub-paragraph (c) below, withdraw any deposits made by any Funding Source until the deposit has been turned over, which means that you have used the deposit to purchase Products from us before withdrawing the deposit.
(c) Should your Account be closed pursuant to clause 11.1 of this Part A, amounts deposited which have not been turned over may only be transferred back to the Funding Source from which they were deposited.
(d) You may cancel the authority to deposit funds via any Funding Source at any time by notifying us in accordance with clause 14.6.4 of this Part A.
(e) Deposits may be considered a cash advance by your Third Party Payment Service, or may not be available due to a decision of your Third Party Payment Service. If deposits are considered a cash advance, for example deposits made by credit card (either directly or as a funding instrument to another Funding Source), the deposit may attract interest from your Third Party Payment Service. You should contact your Third Party Payment Service for further information.
(f) We reserve the right to deny one or more specific Funding Sources to any Member if we reasonably require and may withdraw this service from you at any time.
8.8 We may from time to time impose limitations on your Accounts. The limitations (if any) are shown within our Digital Channels. We will notify you of all of the following changes to limitations on deposits to your Accounts:
(a) minimum deposits;
(b) maximum deposits (including maximum total deposits over a particular period of time);
(c) minimum balances; and
(d) maximum balances (if we impose a maximum balance for your Accounts you must not make deposits which would take the balance of your Accounts beyond that maximum balance).
8.9 No interest will be payable by us on funds held in your Accounts.
8.10 In the event that funds are credited to any of your Accounts in error, it is your responsibility to notify us of the error at the earliest opportunity. Unless we tell you otherwise, any transactions resulting from the error will be void.
8.11 Where you apply to register for a Corporate Account only, then only the relevant Terms and Conditions in this clause which relate to Corporate Accounts will apply to your Account unless you choose to upgrade and we accept your application for registration to a Product Account.
9.1 Information regarding how to make withdrawals from your Accounts is provided within our Digital Channels.
9.2 If you are an Unrestricted Member, you may withdraw funds from your Accounts by any of the services we make available from time to time in the manner shown within our Digital Channels, which includes direct credit to your Designated Account.
9.3 If you are a Restricted Member you cannot withdraw funds from any of your Accounts.
9.4 If you request us to make payments directly to you, we will only make payments to your registered address or Designated Account, unless otherwise agreed by us. We will not be liable for any delayed or lost mail, unless caused by our act or omission, nor will we be liable if you do not receive your withdrawn funds because of any incorrect information provided by you to us.
9.5 We may:
(a) temporarily block your Accounts if we consider that a withdrawal request or the continued operation of such Accounts is illegal or constitutes an offence; and
(b) withhold payments of any nature and void all your winnings if you have committed a serious breach of clause 5.5 of this Part A, including where there has been a breach of law.
9.6 We may from time to time impose reasonable limitations on withdrawals from your Accounts. The limitations (if any) are shown within our Digital Channels. We will notify you of all of the following changes to limitations on your Accounts:
(a) minimum withdrawals;
(b) maximum withdrawals;
(c) minimum balances; and
(d) maximum balances.
9.7 Where you apply for a Corporate Account only, then only the relevant Terms and Conditions in this clause 9 which relate to Corporate Accounts, will apply to your Account unless you choose to upgrade and we accept your application for registration to a Product Account.
10.1 This clause 10.1 applies if you are an Unrestricted Member. We will provide you with notice before we exercise our rights under this clause.
(a) If your Accounts are Inactive for eighteen (18) continuous months; we may suspend your Accounts pending permanent deactivation for dormancy and remove or delete any linked Funding Source(s). You will be able to reactivate your Accounts while it is suspended by logging into your Accounts before we permanently deactivate it (which will occur six (6) months after we suspend your Accounts). You may be prompted to reset your password or take other steps for security before you are able to log into your Accounts.
(b) If your Accounts remain Inactive for a further six (6) months, bringing the total period of Inactivity to twenty-four (24) months, we may permanently deactivate your Account.
(c) Before taking any steps pursuant to clause 10.1(a) and (b), we will endeavour to contact you via your last known email address with instructions about how to collect the balance of funds in your Corporate Account.
10.1A This clause 10.1A applies if you are an Unrestricted Member and your Product Supplier is not Golden Casket.
(a) If we permanently deactivate your Accounts and you have not withdrawn or we have been unable to remit the balance of funds from your Corporate Account to you, those funds held in your Corporate Account when your Accounts are permanently deactivated:
i. will be treated by Tatts Online pursuant to the Unclaimed Money Act 2008 (VIC ); and
ii. will have become legally payable to you on the date twelve (12) months immediately prior to that permanent deactivation.
(b) If the funds are still held by Tatts Online on the 1st day of March after your Accounts were permanently deactivated and the balance of those funds:
i. is greater than $20.00, the funds will be remitted to the Victorian State Revenue Office pursuant to the Unclaimed Money Act 2008 (VIC); or
ii. is $20 or less, the funds are under the minimum threshold under the Unclaimed Money Act 2008 (VIC) and will be retained by Tatts Online.
10.1B This clause 10.1B applies if you are an Unrestricted Member and your Product Supplier is Golden Casket.
(a) If we permanently deactivate your Accounts and you have not withdrawn or we have been unable to remit the balance of funds from your Corporate Account to you, those funds (which Golden Casket will be responsible for after your Accounts are permanently deactivated):
i. will be treated by Golden Casket pursuant to Part 8 of the Public Trustee Act 1978 (QLD);
ii. will have become legally payable to you on the date twenty-four (24) months immediately prior to that permanent deactivation;
iii. will be entered into Golden Casket’s unclaimed money register on the date six (6) months immediately prior to that permanent deactivation; and
iv. if still held by Golden Casket after the 14th day of February after your Accounts were permanently deactivated, will be remitted to the Public Trustee pursuant to the Public Trustee Act 1978 (QLD).
10.2 This clause 10.2 applies if (a) you are a Restricted Member, (b) your Product Account becomes Inactive and is suspended because you have not become an Unrestricted Member within required timeframes (pursuant to clause 2.8 of Part C), and (c) we have provided you with thirty (30) days' notice that we will be exercising our rights under this clause:
(a) We may permanently deactivate your Accounts at any time from the date which is twelve (12) months after you registered.
(b) Before taking any steps pursuant to clause 10.2(a), we will endeavour to contact you via your last known email address with instructions about how to collect the balance of funds in your Corporate Account.
(c) If we permanently deactivate your Accounts, you have not verified your identity, and you have not withdrawn or we have been unable to remit the balance of funds from your Corporate Account to you and:
i. your Product Supplier is not Golden Casket, those funds held in your Corporate Account when your Accounts are permanently deactivated:
A. will be treated by Tatts Online pursuant to the Unclaimed Money Act 2008 (VIC)
B. will have become legally payable to you on the date nine (9) months immediately prior to that permanent deactivation and, if the funds are still held by Tatts Online on the 1st day of March after your Accounts were permanently deactivated, and the balance of funds on your Corporate Account:
C. is greater than $20.00, the funds will be remitted to the Victorian State Revenue Office pursuant to the Unclaimed Money Act 2008 (VIC)
D. is $20 or less, the funds are under the minimum threshold under the Unclaimed Money Act 2008 (VIC) and will be retained by Tatts Online.
ii. if your Product Supplier is Golden Casket, any funds in your Corporate Account (which Golden Casket will be responsible for after your Accounts are permanently deactivated) will be transferred to your Product Account, and any balance of funds stated to the credit of your Product Account will be remitted to the Queensland Office of Liquor and Gaming Regulation.
10.3 Once your Accounts have been permanently deactivated because of this clause 10, they cannot be re-opened. Subject to any self-exclusion or other responsible gambling requirements, you may be able to submit a new application for registration for an Account and Membership.
11.1 We may suspend or close any of your Accounts at any time by giving you at least thirty (30) days’ notice. You may continue to use your Accounts in accordance with the Terms and Conditions during the notice period.
11.2 Where we reasonably believe an incorrect, fraudulent or unauthorised transaction has or will take place within your Accounts, we may suspend your Accounts at any time without giving you notice whilst transaction(s) are investigated. We will use our reasonable endeavours to conduct any investigation as quickly as possible.
11.3 You may suspend any of your Accounts or, if you are an Unrestricted Member, you may close any of your Accounts, at any time by notifying us and requesting that any of your Accounts be suspended or closed. You must become an Unrestricted Member before you can close any of your Accounts.
11.4 While any one or more of your Accounts is suspended, you will not be able to:
(a) deposit funds to the suspended Accounts;
(b) purchase Products using funds held in the suspended Accounts; or
(c) withdraw funds from the suspended Accounts, until the suspension on your relevant Accounts is lifted. We are not liable to you for your inability to use your Accounts while they are suspended.
11.5 We may immediately suspend or close your Accounts, if:
(a) you have committed a material breach of the Terms and Conditions;
(b) we become aware or reasonably believe that any of your Accounts:
(i) may have been used to facilitate or are connected with unlawful, suspicious or fraudulent transactions; or
(ii) have been misused, or been subject to unauthorised use
(c) you act in a manner that poses a material risk to us.
11.6 If we suspend or close your Accounts pursuant to clauses 11.1 or 11.5 of this Part A, we will promptly notify you via your last known email address, and provide our reasons for suspending or closing your Accounts and, if relevant, provide information to you about how to access the balance of funds in your Accounts. If you do not withdraw or we have been unable to remit the balance of funds on your Corporate Account to you following closure of your Account under this clause 11, those funds (held in your Corporate Account when your Accounts are closed) will be legally payable to you. Tatts Online will treat the balance of funds on your account pursuant to the Unclaimed Money Act 2008 (VIC).
12.1 Except as otherwise set out in these Terms and Conditions, we will not charge any fees on your Account. We will give you notice of the introduction or increase of any fee at least thirty (30) days before the change.
12.2 Except where otherwise specified, we reserve the right to recover from you any fees, costs, losses and charges, imposed on us by a Third Party and which we incur:
(a) in relation to a deposit of funds credited to your Accounts, including:
i. charges arising from a dishonoured cheque;
ii. credit card transaction fees; and
iii. charges in obtaining authorisation or confirmation from your Third Party Payment Service that the funds will be credited to our bank account;
(b) if a deposit of funds credited to your Account is made fraudulently, incorrectly or in an unauthorised manner (unless we are reasonably satisfied that you have not caused or contributed to those circumstances); or
(c) in transferring funds to you from any of your Accounts.
If we reasonably determine that we may recover fees or charges from you under this clause 12.2, we will notify you of the charges or fees and may debit any of your Accounts by the relevant amount, subject to any limitation imposed by law. If you dispute any charges or fees that we have debited from your Accounts, you may contact us in the manner set out in clause 14.6 of this Part A and we agree to refund any charges or fees debited in error.
12.3 We may recover from you any amount (whether as a prize, dividend or otherwise) that is credited to you in error.
12.4 We may at our discretion waive any fee or charge to your Accounts that we are entitled to charge. If we do not collect any fee or charge which applies to your Accounts, we reserve the right to collect that fee or charge if it arises again in the future.
13.1 Your personal information will be dealt with in accordance with The Lottery Corporation Privacy Policy which is available at https://www.thelotterycorporation.com/privacy. For privacy related queries, please contact 131 868 or privacy@thelotterycorporation.com.
13.2 This clause survives termination of your registration with us.
14.1 Assignment: Tatts Online and/or each relevant Product Supplier may assign the rights and obligations under these Terms and Conditions to a Related Body Corporate. We will give you notice no later than thirty (30) days after any such assignment occurs. If you consider the assignment is detrimental to you, you may close your Accounts without being liable to pay any fees or charges to us and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.
14.2 Variation of Terms and Conditions: We may vary any term of the Terms and Conditions by getting your consent; or complying with the processes set out in this clause:
(a) If we reasonably consider that any change to the Terms and Conditions is likely to:
(i) benefit you; or
(ii) be of no or immaterial detriment to you,
we can make the change immediately and do not need to notify you.
(b) We will notify you of any other change to the Terms and Conditions either:
(i) by notice that is accessible to you the next time you access your Accounts using our Digital Channels, at least thirty (30) days prior to the change occurring. You may not see the notice until after the change has occurred if you do not access your Accounts using our Digital Channels before the change comes into effect;
(ii) by mail to an address provided to us by you, sent at least thirty (30) days prior to the change occurring; or
(iii) by email to the email address provided to us by you, sent at least thirty (30) days prior to the change occurring.
(c) Our notification will specify the date of commencement of the change to the Terms and Conditions.
(d) If you are an Unrestricted Member and consider that any change to the Terms and Conditions is detrimental to you, you may close your Accounts during the thirty (30) day notice period (or in the case of clause 14.2(b)(i), within ten (10) Business Days after you first receive the notice upon accessing your Accounts) and will not incur any fees or charges for such termination and we will pay out any prize moneys which may be outstanding, in accordance with the Rules.
14.3 Waiver: Any non-enforcement by either party of any of its rights under the Terms and Conditions will not constitute a waiver of those rights. Any waiver by either party of any of its rights under the Terms and Conditions will not constitute a waiver on any subsequent occasion.
14.4 Cross References: There are clauses in the Terms and Conditions which cross reference or link to information within our Digital Channels. 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 Terms and Conditions.
14.5 Intellectual property:
(a) We own or are licensed to use the intellectual property in all of the content in our Digital Channels, which may include copyright, patents and trademarks, whether protectable by statute, at common law or in equity, and whether registered, registrable or not. By accessing and using our Digital Channels, you acknowledge such ownership and/or licence.
(b) No data, file, graphics, images, results or other content within our Digital Channels including content downloaded from our Digital Channels and material you may receive in connection with our Digital Channels, may be reproduced or distributed without our prior written consent. You agree that you will not in any manner reproduce, modify, adapt, develop or distribute, interfere with, create derivative works from or decompile any such content.
14.6 Notices:
(a) Where we are required or permitted to give you a notice under the Terms and Conditions, we may do so:
(i) if the notice concerns a variation of the Terms and Conditions, by complying with the variations provisions in clause 14.2 of this Part A;
(ii) in any other circumstances, by:
A. giving you the information in person (whether it be provided by us or our agents); or
B. giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us; or
C. making the information available within our Digital Channels with a notification to your account or in another form which we consider is appropriate in all the circumstances (acting reasonably).
(b) Where we give you notice:
(i) in person or by telephone, it is taken to be received by you at the time we give it to you;
(ii) by mail, it is taken to be received by you on the 6th business day after posting;
(iii) by email, it is taken to be received by you thirty (30) minutes after the email is sent, unless we receive an automated noticed that the email is not delivered;
(iv) by making information available within our Digital Channels, it is taken to be received by you either (A) the next time you access your Accounts or (B) ten (10) business days after we make the information available within our Digital Channels, whichever occurs first.
(c) Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.
(d) Where you are required or permitted to give us a notice under the Terms and Conditions, you may do so by giving us the notice by:
(i) mail addressed to Notices, The Lott, Locked Bag 1, Spring Hill, Queensland, 4004;
(ii) email to customersupport@thelott.com; or
(iii) through the Website (where available).
1.1 Your Corporate Account is managed by Tatts Online.
1.2 This Part B contains terms and conditions that are specific to your Corporate Account and the services provided by Tatts Online. The Terms and Conditions in this Part B should be read in conjunction with Parts A and E which form part of the Terms and Conditions that are specific to your Corporate Account.
In this Part B, “us”, “we” and “our” means Tatts Online.
2.1 If we make available in your Account the option to offer to purchase Products and you make an offer to purchase Products that is accepted by a Product Supplier, you authorise us to transfer from your Corporate Account to your relevant Product Account such amount as the Product Supplier notifies us is necessary to purchase your selected Products and your Corporate Account will be debited by this amount.
2.2 We will provide the Product Suppliers with up-to-date details of your Corporate Account balance so that the Product Suppliers can:
(a) determine whether you have sufficient available funds to purchase Products; and
(b) make such details available to you each time you make an offer to purchase a Product, and otherwise on request by you.
3.1 We may at any time, without notice to you, set off any Liability owed by you to us or any Product Supplier including, without limitation, from any Product Account in your name against any funds held in another Product Account or Corporate Account, in your name.
4.1 Your Product Accounts are Australian dollar accounts.
4.2 If we receive an amount in a foreign currency for deposit into one of your Accounts (including a telegraphic transfer or cheque drawn in foreign currency) we will convert the relevant foreign currency amount into Australian dollars using the applicable retail exchange rate made available by the financial institution we use.
4.3 If you request any withdrawal from your Accounts to be paid in a foreign currency (including a telegraphic transfer or cheque drawn in foreign currency) we will convert the Australian dollar amount of your withdrawal into the requested foreign currency using the applicable retail exchange rate made available by the financial institution we use.
4.4 You agree to accept any and all foreign exchange fees, costs, charges, taxes or similar imposed on us by Third Parties and which are incurred by us as a result of receiving funds deposited by you or transferring funds withdrawn by you from your Accounts. Details regarding additional fees and charges which may apply can be found in clause 12 of Part A.
No interest will be payable by us on funds held in your Accounts.
The laws of Victoria govern these Terms and Conditions and you submit to the jurisdiction of the courts of Victoria.
1.1 The Product Suppliers are each authorised to conduct and sell lotteries or have been appointed as agent to sell lotteries through our Digital Channels in their relevant jurisdiction/s.
1.2 The Product Suppliers separately govern and maintain the Digital Channels in their respective jurisdiction/s. Tatts Online is responsible for the Corporate Account.
1.3 This Part C contains Terms and Conditions that are specific to your Product Account and the goods and services your Product Supplier provides. This Part C should be read in conjunction with Parts A, D and E which form part of the Terms and Conditions that apply to your Product Account.
1.4 The laws governing the operations of lotteries conducted by your Product Supplier are contained in the relevant Legislation.
1.5 If your Product Supplier accepts any offer you make to purchase an entry, that offer, and acceptance is made in the relevant jurisdiction of that Product Supplier. You are deemed to receive notification of that acceptance and an agreement between you and your Product Supplier is formed in the relevant jurisdiction of that Product Supplier.
1.6 In this Part C, “us”, “we” and “our” means your Product Supplier.
2.1 Where you are registered as a Member, your Product Account will be issued by the Product Supplier that is based in the State or Territory of the residence you supplied at the time of registration:
(a) where you have made an application to become a Member and reside in the State of Queensland, your Product Supplier is Golden Casket;
(b) where you have made an application to become a Member and reside in the State of Victoria or Tasmania, your Product Supplier is Tatts.com on behalf of Tattersall's Sweeps;
(c) where you have made an application to become a Member and reside in the Northern Territory or selected international jurisdictions deemed eligible by us from time to time, your Product Supplier is Tatts.com on behalf of Tatts NT;
(d) where you have made an application to become a Member and reside in the State of New South Wales or the Australian Capital Territory, your Product Supplier is NSW Lotteries; or
(e) where you have made an application to become a Member and reside in the State of South Australia, your Product Supplier is Tatts SA.
2.2 Subject to the rest of this clause 2 and to these Terms and Conditions, you may use your Product Account to offer to purchase Products from us using our Digital Channels and any other methods made available by us from time to time. When offering to purchase Products from us, you warrant to us that you were and remain legally entitled to:
(a) apply for registration;
(b) deposit funds with us; and
(c) purchase Products and receive winnings from us.
You warrant that all of the above will not in any way violate any law applicable to your place of residence or in any jurisdiction in which you are located when transacting with us.
2.3 We do not guarantee to accept any offers you make to purchase Products and may refuse to do so in our absolute discretion without notice to you and without giving reasons.
2.4 As noted in Part A, when we accept your application for an Account and registration as a Member, you are registered as a Restricted Member until such time as you have satisfied our identity verification procedures, after which we may register you as an Unrestricted Member.
2.5 For as long as you are a Restricted Member you cannot:
(a) close any of your Accounts; or
(b) withdraw funds from any of your Accounts, irrespective of whether such funds were deposited by you or are winnings/prizes or other moneys in any of your Accounts.
2.6 To become an Unrestricted Member, we must verify your identity, age and State or Territory of residence in accordance with our identity verification procedures and you authorise us to make such enquiries as we consider necessary in our discretion to verify the personal information provided by you. Full information on our identity verification procedures can be found within our Digital Channels.
You may be asked to update or clarify further information regarding your identity verification from time to time under our 'know your customer' obligations imposed by law and regulation. Any failure by you to respond satisfactorily to a request for further information will entitle us to immediately suspend or close your Accounts under clause 11 of Part A.
2.7 If you do not become an Unrestricted Member within:
(a) fourteen (14) days of being registered as a Restricted Member, your Product Supplier is Tatts.com and you reside in Victoria and Tasmania;
(b) forty-five (45) days of being registered as a Restricted Member, your Product Supplier is Tatts.com and you reside in the Northern Territory or selected international jurisdictions determined eligible by us from time to time; or
(c) ninety (90) days of being registered as a Restricted Member and your Product Supplier is Golden Casket, NSW Lotteries, or Tatts SA,
we will suspend your Product Account.
2.8 If your Product Account is suspended in accordance with clause 2.7 of this Part C, the status of your Product Account will remain suspended for twelve (12) months after the day you were registered as a Restricted Member. If you have not become an Unrestricted Member (i.e. your identity, age and State or Territory of residence have not been verified in accordance with our identity verification procedures) within twelve (12) months after the day you were registered as a Restricted Member any unclaimed funds will be dealt with pursuant to clause 10.2 of Part A.
Once your Accounts have been closed or permanently suspended because of this clause 2.8, they cannot be re-opened. Subject to any self-exclusion or other responsible gambling requirements, you may be able to submit a new application for registration for an Account and Membership.
3.1 The relevant Rules govern each Product in which you may be able to purchase entries through our Digital Channels. The Products purchased by you will be supplied in accordance with:
(a) the Rules relevant to the Product purchased;
(b) the relevant Legislation and all other applicable laws; and
(c) these Terms and Conditions.
3.2 Links to the Rules are accessible within our Digital Channels.
4.1 By establishing a Product Account with us, you will be registered in The Lott Members Club Program and be issued with an electronic Player Card. You may also elect to receive a physical Player Card.
4.2 The Lott Members Club Terms and Conditions are provided in Part D.
5.1 How you may offer to purchase entries is explained within our Digital Channels.
5.2 We may only accept offers to purchase Products from Members in whose names an Account has been opened and where sufficient funds are available in the Member's Accounts to purchase the Products. We may, at our discretion, refuse your offer and/or a proposed purchase.
5.3 When submitting a purchase request within our Digital Channels you are:
(a) offering to purchase an entry into the Product selected by you; and
(b) authorising a debit of your Accounts with the cost of the Product.
5.4 On receipt by us of your offer to purchase, our lottery system will attempt to give effect to your offer. If accepted we will issue an entry which will appear within the Ticket History of your account. We may also provide your entry number and other details relating to your Product purchase to you by email.
5.5 You must check the details of the Product that you purchase at the time of purchase. If the entry does not appear within the Ticket History of your Account, your offer to purchase a Product may not have been accepted by us and you should contact us immediately.
5.6 An offer from you to purchase must be received and accepted by us and our lottery system prior to the close of acceptance of entries into the relevant draw for the Product. Your offer to purchase a Product is not a valid purchase until it:
(a) is accepted by us; and
(b) is recorded in our lottery system as a valid entry.
5.7 Copies of the details of a Product purchase can only be used as evidence of an entry into a Product draw if the details match the full details recorded in our lottery system. We will not recognise computer printouts and other records provided by you as evidence of your purchase of Products.
You may request to cancel an entry you have purchased in accordance with the process set out in the Rules relating to the Product to which your entry relates.
5.8 We:
(a) do not guarantee that you will be able to make an offer to purchase our Products via our Digital Channels on all occasions;
(b) do not guarantee to accept offers made by you to purchase Products; and
(c) may cancel a purchase made by you where (i) you have committed a material breach of these Terms and Conditions or the Rules, subject to any relevant provisions in the Legislation, or (ii) where such cancellation is made in accordance with the Rules and Legislation.
5.9 In circumstances where you have commenced making an offer to purchase which cannot be completed for any reason (e.g. as a result of a failure or break in your connection to the internet or in the connection between you and our Digital Channels or between our Digital Channels and the internet) if the offer to purchase Products is subsequently accepted prior to the relevant deadlines, that offer will stand and once accepted your relevant Accounts will be debited for the cost of the Product.
5.10 If our Digital Channels or our computer systems experience any form of malfunction during the:
(a) receipt of an offer by you to purchase Products;
(b) process by means of which the relevant computer system attempts to give effect to your offer; or
(c) our confirmation of acceptance of your offer to purchase, and we are unable to recover or verify the status of that offer to purchase Products during data recovery,
then such unfinished or interrupted offers to purchase Products will be deemed void and not to have been placed. Any necessary adjustments will be made to your Accounts.
5.11 Offers to purchase Products may be refused if we reasonably suspect or know that our computer system failed to function in the way it was designed and programmed to function.
5.12 If your offer to purchase Products is accepted by us, you authorise Tatts Online to transfer from your Corporate Account to your relevant Product Account such amount as the Product Supplier notifies it is necessary to purchase your selected Products and your Corporate Account will be debited in this amount.
6.1 If offered by us, you may create a Subscription to purchase a specific Product automatically based on the frequency option requested by you, provided that:
(a) you are an Unrestricted Member;
(b) you have not excluded yourself from purchasing Products using your Product Account;
(c) the purchase will not exceed any nominated or imposed purchase limits; and
(d) your nominated payment method is kept up to date.
6.2 The instructions on how to create a Subscription and options we offer for Subscriptions are set out within our Digital Channels.
6.3 By creating a Subscription you agree:
(a) your Subscription entry will continue for the frequency nominated by you until:
(i) you amend, pause or cancel your Subscription in the manner specified within our Digital Channels; or
(ii) we amend your Subscription in accordance with clause 6.3(d).
(b) Subscriptions to purchase into Lucky Lotteries Products may contain more than one draw per day.
(c) your Accounts will be debited to pay the price for your Subscription:
(i) as soon as practicable in the week leading up to the draw to which the relevant Product relates; and
(ii) at the time the relevant Product is subscribed to.
(d) if the price for Products on your Subscription increases or decreases, that increase or decrease will apply to the amount payable by you.
(e) where the cost of your Subscription exceeds the funds available within your Accounts, you authorise us to debit the balance of funds required to pay for the Subscription into your Accounts from the backup payment method nominated by you at the time of creating your Subscription in order to complete the purchase of your entry. If the backup payment method linked to your Accounts is not up to date, then your offer to purchase lottery products will not be accepted. In the event multiple offers to purchase are rejected because of your failure to keep your backup payment method up to date, then your Subscription may be suspended or cancelled and if so we will make reasonable efforts to notify you of such suspension or cancellation via your last known email address.
(f) we may modify, suspend or cancel your Subscription by providing reasonable notice to you.
6.4 It is your responsibility to ensure that:
(a) your Subscription entry has been successfully processed and accepted by us as requested by checking your Account;
(b) your contact information is kept up to date at all times to ensure the timely delivery of any notifications associated with your Subscription;
(c) you reactivate any paused or expired Subscriptions that you wish to continue;
(d) you pause or delete any Subscriptions you no longer wish to continue by accessing your Accounts and following the instructions within our Digital Channels; and
(e) you cancel any unwanted entries purchased via your Subscription in accordance with the Terms and Conditions of the relevant Product Supplier.
7.1 We may place limits on purchases of Products that can be made by you, the limits may be in monetary value or in volume, or a combination of both and may relate to specific time periods.
7.2 Where we impose limits, we will notify you of this limitation. If you believe that the limit is detrimental to you, you may close your Accounts without any fees or charges.
7.3 We may provide you with the ability to place your own limits on purchases of Products that can be made by you.
8.1 Any prize on an entry in a Product:
(a) is subject to verification procedures prior to any payment being made; and
(b) if you are:
i. an Unrestricted Member, will be credited from your Product Account to your Corporate Account; or
ii. a Restricted Member, will be credited to and held in your Product Account for as long as you remain a Restricted Member,
within the relevant timeframes stipulated in the Rules.
9.1 We may from time to time offer you rewards or vouchers to use as part of making an offer to purchase. A reward or voucher may be claimed when using your relevant Product Account in accordance with the specific terms and conditions of the offer which will be available wherever the offer is displayed.
9.2 Instructions and information on how to use an offer form part of these Terms and Conditions, and participation is deemed acceptance of the Terms and Conditions.
9.3 Any offer made is available only to persons who (a) are eighteen (18) years of age or older (b) have received the offer from us (c) are the intended recipient and (d) are eligible to use the offer.
9.4 Any offer made is valid and must be redeemed by you, using your relevant Product Account, within the relevant offer period for entertainment and recreational purposes only and cannot be redeemed for cash.
9.5 Any offers that have been redeemed will be visible within the transaction history of your Product Account. Where the offer is for a specific draw or event, the offer can only be used to purchase single entries (i.e. excludes entries purchased into draws from a Subscription purchase).
9.6 Any offer may be used in full or in part within the offer period, however any unused offer balance remaining at the end of the offer period for any reason whatsoever will expire and will no longer be available to you.
9.7 If an entry purchased by you as an Unrestricted Member uses the offer, in whole or in part, and is then cancelled by you, then the value of the offer, or portion of the offer used, will return to being available to use in your Product Account for the remainder of the relevant offer period.
9.8 If an entry purchased by you as a Restricted Member uses the offer, in whole or in part, and is then cancelled by you, then the offer, or portion of the offer used, is forfeited and will no longer be available to use.
9.9 We reserve the right, at any time, to verify the identity of a participant and if necessary, disqualify any person from participating in the relevant offer if we suspect or become aware that you are not eighteen (18) years of age or over.
9.10 If we suspect that the offer is misused or that you have not acted in good faith then your Product Account may be suspended and your right to participate in the offer will be revoked.
9.11 We reserve the right to delay, modify, cancel or change any offer at any time throughout the offer period, if we are required by a change in the regulatory environment.
10.1 We may from time to time:
(a) offer for you to enter promotions, including, for example the Instant Scratch-Its 2nd Chance Draw; and/or
(b) enter you into certain promotions which, based on the information you have provided to us, we consider you may be eligible for.
10.2 Any promotion we offer will be subject to promotional terms and conditions, which will be available within our Digital Channels. Instructions and information on how to enter a promotion form part of the promotional terms and conditions. If there is an inconsistency between this clause 10.2 and any of the relevant promotional terms and conditions the relevant promotional terms and conditions prevail to the extent of any such inconsistency. Your participation in any particular promotion is deemed acceptance of the relevant promotional terms and conditions.
10.3 If you are eligible for and win any prize in a promotion we offer, you will be required to undertake the prize claim procedures outlined in the promotional terms and conditions in order to claim your prize. This may include, but is not limited to, completing a prize claim statutory declaration and providing us with a certified copy of your photographic identification document. You may also be required to provide us with additional information to confirm your eligibility.
10.4 If you are an Unrestricted Member, we will pay your prize in accordance with any preference you have notified to us, and if no preference has been notified, then we may elect to pay your prize:
(a) by crediting your Product Account with the prize amount, or
(b) by remittance in Australian dollars to a bank nominated by you with an Australian branch of a bank carrying on a business in Australia, or
(c) by cheque in the name of the Unrestricted Member forwarded by ordinary post to the address registered to the Account.
11.1 We are committed to responsible play. Information regarding our responsible play program including self-exclusion is provided within our Digital Channels.
11.2 You may self-exclude from purchasing Products within our Digital Channels which will result in you being prevented from being able to use your username, password and Product Account for a period of one hundred and eighty (180) days. The process for self-exclusion is shown within our Digital Channels.
11..3 If you self-exclude, you will only be permitted to access your Product Account again after the one hundred and eighty (180) day period has elapsed. During any period of self-exclusion (or barring for South Australian Members) you:
(a) must abide by the obligations as stated in any self-exclusion notice issued to you;
(b) must not use any of your Accounts from which you have been excluded under false pretences or using false information;
(c) agree there is no obligation, duty or responsibility on us to undertake any or all of the actions that you have previously authorised us to undertake in respect of your Accounts, for example the purchase of any Subscription; and
(d) authorise us during the period of self-exclusion to take such action as we deem necessary to prevent your entry into our Digital Channels or use of your Product Accounts.
11.4 As part of our ongoing commitment to responsible play, we engage in behavioural modelling to assist us in providing support to Members who may be at risk of gambling harm. By registering for a Product Account with us, you consent to us using your Account Data as part of these activities.
11.5 We may in our absolute discretion temporarily or permanently close any or all of your Accounts and/or exclude you from purchasing any or all Products using our services where we, in our absolute discretion, deem there to be a risk of gambling harm. If we do this, we will take all reasonable steps to remit the total balance of your Accounts to you.
1.1 The Lott Members Club membership programs (The Lott Members Club Program/s) are conducted by Lottery Licensees. The Lott Members Club Program provides for participation through digital channels via thelott.com or The Lott app (Product Account) and retail channels (through a Player Card).
1.2 If you registered for your Player Card in:
(a) Queensland, The Lott Members Club Program is also known as Winners Circle and is conducted by Golden Casket.
(b) New South Wales or the Australian Capital Territory, The Lott Members Club Program is also known as Players Club and is conducted by NSW Lotteries.
(c) Victoria or Tasmania, The Lott Members Club Program is also known as Tatts Card and is conducted by Tattersall's Sweeps.
(d) South Australia, The Lott Members Club Program is also known as Easiplay Club and is conducted by Tatts SA.
(e) Northern Territory, The Lott Members Club Program is also known as Tatts Card and is conducted by Tatts NT.
To apply to register for a Retail Player Card in The Lott Members Club Program, you must meet the eligibility criteria set out in clause 4 of this Part D; and complete an application form providing the information we require to establish your account.
3.1 These are the terms applicable to The Lott Members Club Program when you purchase In-store. They are important and should be read carefully by you.
3.2 If we accept your registration for a Product Account, you are registered as a member of The Lott Members Club Program and will be issued with an electronic Player Card. You may also elect to receive a physical Player Card.
3.3 If you are:
(a) an existing member of The Lott Members Club Program, and
(b) your Player Card is registered in the name of an individual cardholder, and
(c) you registered for your Player Card in the State or Territory you reside in,
you may link your Player Card to your Product Account, which may allow you to view your transaction history online for all purchases registered to the Player Card made by you In-store.
3.4 If we accept your registration for, or if you are registered as a member of, The Lott Members Club Program when you hold an Account with us online and purchase In-store, you agree the Terms and Conditions apply to you. If you are asked to accept these Terms and Conditions after you have registered, your acceptance acknowledges these Terms and Conditions replace those which may have applied previously.
3.5 You may only use your Player Card to register entries In-store in the State or Territory where you registered for the Player Card.
4.1 The Lott Members Club Program and Player Cards are only available to persons eighteen (18) years of age or older.
4.2 In order to link your Player Card to your Product Account, you must reside in the State or Territory where your Player Card was issued. For example, if you registered for your Player Card in New South Wales, but reside in Queensland, you will not be able to link your Player Card to your Product Account.
4.3 From time to time, we may impose purchase limits on your Player Card in relation to some or all Products and we will promptly notify you of this restriction, including any relevant terms and conditions, when we impose these limits.
5.1 It is a condition of your The Lott Members Club Program membership that you acknowledge and agree:
(a) you may be eligible to participate in promotions as offered by us from time to time, including but not limited to, Bonus Draws;
(b) we reserve the right to enter you into such promotions based on the information provided by you as part of your application for registration in The Lott Members Club in accordance with any terms and/or conditions of the promotion;
(c) the eligibility criteria for promotions may differ to those of The Lott Members Club Program, so your participation in The Lott Members Club Program does not constitute our acceptance of an entry into a promotion; and
(d) your entry into a promotion offered by us is not guaranteed, as you may be required to provide us with additional information to confirm your eligibility.
5.2 To access a copy of Bonus Draw terms and conditions, visit thelott.com/results/bonus-draw.
6.1 Prizes registered to a Player Card can only be claimed if you present the relevant Player Card (i.e. the Player Card that the entry was registered to). Prior to us paying a prize, we will also request you produce either a statutory declaration of ownership or the original entry ticket.
6.2 A prize registered to your Player Card, which is not a Division 1 Prize (or equivalent prize level) or a Lucky Lotteries Jackpot Prize, that is not claimed in accordance with clause 6.1 of this Part D, will be paid:
(a) For prizes won from entries purchased In-store registered with Golden Casket (QLD), Tattersall's Sweeps (VIC and TAS), Tatts SA (SA) and Tatts NT (NT) jurisdictions, as soon as practicable following four (4) weeks from the relevant draw date, or eight (8) weeks from the relevant draw date if to be paid by cheque, if not claimed prior.
(b) For prizes won from entries purchased In-store registered within NSW Lotteries (NSW and ACT) jurisdictions:
i. For prizes below $1,000 or above $10,000, as soon as practicable following eight (8) weeks from the relevant draw date, if not claimed prior.
ii. For prizes between $1,000 and $10,000, as soon as practicable following two (2) weeks from the relevant draw date or eight (8) weeks from the relevant draw date if to be paid by cheque, if not claimed prior.
Where we agree to credit a prize to your Product Account, you may elect to have the prize paid as soon as practicable after the determination of the results of the draw, if you are an Unrestricted Member, rather than waiting the prize purge period. If you have not claimed your prize within the prize purge period you may be paid either by:
(c) crediting the Product Account, which you have linked your Player Card to, but only if you are an Unrestricted Member pursuant to these Terms and Conditions; or
(d) remittance in Australian dollars to a bank account nominated by you held with an Australian branch of a bank carrying on a business in Australia;
(e) cheque in the name of the registered Player Card holder and forwarded by ordinary post to the address recorded for you on our lottery system file, once the accumulated and consolidated value of prizes payable to a Player Card holder reaches a threshold determined by us in accordance with the Rules.
“Free prizes” by certificate will be paid within the relevant timeframes for your nominated prize payment preference for unclaimed prizes.
6.3 A prize which is paid in accordance with clause 6.2(e) of this Part D will be taken to be paid as at the point in time at which the cheque is sent by ordinary post to the address recorded for you on our lottery system file. You are responsible for ensuring that the address recorded for you on the lottery system file is correct.
If you believe that a prize cheque has been lost and/or damaged, you should contact us immediately and we will endeavour to assist you. Failure by you to:
(a) report a lost and/or damaged cheque to us; or
(b) present a cheque to the relevant financial institution for payment,
within the relevant Prize Claim Period in your State or Territory may result in you forfeiting your rights to any such prize. After this point, any further action taken by us (whether by the issuing of a replacement cheque or by direct deposit into your nominated bank account) is at our ultimate discretion.
Any prize payment that remains outstanding after the conclusion of the Prize Claim Period will be dealt with in accordance with our legislative obligations in respect of unclaimed monies in the relevant jurisdiction.
6.4 Prizes in respect of multi-week entries will be paid as soon as practicable after the draw date of the last entry recorded on the entry ticket in accordance with the timeframes outlined in clause 6.2 of this Part D.
6.5 We will provide you notice of the introduction of a new, or increase of any fee, at least thirty (30) days before the change. If we incur any fees as a result of prize payment due to your action or inaction, we may deduct the value of the fee from any prize.
6.6 If a Division 1 Prize (or equivalent prize level) or a Lucky Lotteries Jackpot prize is registered to your Player Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Player Card.
We shall not be bound by any rule or agreement made between you and any Third Party as regards a ticket or prize registered to your Player Card.
Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible. Notwithstanding anything else in these Terms and Conditions, if a prize is registered to your Player Card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Player Card) and we pay you the prize, you must reimburse us the amount of that prize upon demand, unless the payment to you was a result of our fraud, wilful misconduct or negligent act or omission.
It is your responsibility to ensure that your personal details, including your bank account details and the 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.
The accessibility and operation of The Lott Members Club Program relies on internet services outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of this service.
11.1 The Player Card remains our property.
11.2 We reserve the right to withdraw The Lott Members Club Program at any time. The steps we take with respect to any withdrawal of The Lott Members Club Program will be considered before implementation. We will take reasonable steps to contact you regarding any such withdrawal.
11.3 Where you have not used your Player Card in twenty-four (24) months, we may deactivate the Player Card without notice to you.
If you become aware, or reasonably believe that, you have committed a material breach of any of the terms set out in this Part D, including for example:
(a) you are under eighteen (18) years of age; or
(b) your Player Card:
(i) may have been used to facilitate, or is connected, with unlawful, suspicious or fraudulent transactions; or
(ii) has been misused, or been subject to unauthorised use,
we may, without limitation to other rights and remedies that we may have terminate your membership and cancel any entries made by you. We will attempt to notify you as soon as possible of the termination or cancellations and will detail the reason for the termination or cancellation. For the avoidance of doubt, prizes are not payable on cancelled entries.
13.1 We assume no responsibility or liability for lost or stolen tickets and under no circumstances shall registration as a Player Card 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 our agent. 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.
13.2 To the maximum extent permitted by law, we are not liable for your inability to use a Player Card to register entries In-store or the inability to record or retrieve numbers stored on your Player Card or to otherwise use your Player Card to access our lottery system for any purpose. In such circumstances you can continue to access our lottery system using the channels we provide for persons who do not hold a Player Card, and you should ensure you keep each original entry ticket used to purchase a Product. It is also your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.
If you registered for your Player Card in:
14.1 Queensland, the laws of Queensland and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of Queensland.
14.2 New South Wales or the Australian Capital Territory, the laws of New South Wales and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of New South Wales.
14.3 Victoria or Tasmania, the laws of Victoria and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of Victoria.
14.4 South Australia, the laws of South Australia and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the State of South Australia.
14.5 the Northern Territory, the laws of the Northern Territory and Australia govern The Lott Members Club Program and you submit to the jurisdiction of the courts of the Northern Territory.
15.1 In this Part D, unless the contrary intention appears, a reference to:
In-store means any retailer appointed by the Lottery Licensee in the relevant jurisdiction.
Lottery Licensee means Golden Casket in Queensland, NSW Lotteries in NSW and ACT, Tattersall's Sweeps in Victoria and Tasmania, Tatts SA in South Australia and Tatts NT in the Northern Territory.
Prize Claim Period means:
i. for Golden Casket customers, seven years,
ii. for NSW Lotteries customers, six years,
iii. for Tattersall's Sweeps customers, indefinitely,
iv. for Tatts SA customers, one year, and
v. for Tatts NT customers, three years.
Product Account means, if relevant, your online account with thelott.com.
The Lott Members Club Program or The Lott Members Club Account means the Player Card membership program offered by the Lottery Licensee as referred to in clause 1 of this Part D.
We, us, and our means the Lottery Licensee in the jurisdiction registered for The Lott Members Club Program.
"Accounts" means your Corporate Account and each of your Product Accounts.
“Account Data” means the transactional data relating to your Accounts, including win/loss history, turnover history, bet type selection and responsible gambling activity.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Bonus Draw” means a draw conducted by a Product Supplier in accordance with the Rules in which eligibility to enter the draw is available to all Players, either:
(a) regardless of whether the Player is entitled to receive a prize in accordance with these Rules; or
(b) where the Player is not entitled to receive a Prize in accordance with these Rules.
“Business Day” means a day that is not a Saturday, Sunday or a public holiday in the jurisdiction of the relevant Product Supplier.
“Claim” means any claims, made against a person, however it arises and whether it is present or future, fixed or unascertained, actual or contingent. A “Claim” includes action, proceeding, litigation, obligation, investigation or demand.
“Corporate Account” has the meaning given in clause 5.2(a).
"Designated Account" means the account nominated by you to receive withdrawals from your Account (refer to clause 9 of Part A).
"Digital Channels" has the meaning given in clause 3.2.
"Funding Sources" has the meaning given in clause 8.2.
“Golden Casket” means Golden Casket Lottery Corporation Limited ACN 078 785 449.
“Inactive” if you are:
(a) an Unrestricted Member, means that there has been no activity on your Account(s), for example you have not (i) logged on to you Accounts, (ii) deposited to or withdrawn funds from your Corporate Account, (iii) made any Product purchases through your Product Account, and/or (iv) swiped your Player Card, and/or we have not paid any prizes from your Product Account to your Corporate Account.
(b) a Restricted Member and your Product Supplier is not Golden Casket, means your identity has not been verified within twelve (12) months of first registering for your Accounts.
"Instant Scratch-Its" means the scratch off instant lottery products conducted and sold by:
(a) Golden Casket in Queensland, Tasmania, and the Northern Territory;
(b) NSW Lotteries in New South Wales, and the Australian Capital Territory;
(c) Tatts SA in South Australia; and
(d) Tattersall's Sweeps in Victoria.
"Instant Scratch-Its 2nd Chance Draw" means the monthly draw run by each Product Supplier in which a Player enters their eligible non-winning Instant Scratch-Its tickets for the chance to win a cash prize.
“Legislation” means, in respect of the Products of:
(a) Golden Casket – Lotteries Act 1997 (Qld);
(b) Tattersall’s Sweeps (including Tatts.com Pty Ltd) – Gambling Regulation Act 2003 (Vic);
(c) NSW Lotteries – Public Lotteries Act 1996 (NSW);
(d) Tatts NT – Gaming Control Act 1993 (NT); and
(e) Tatts SA – State Lotteries Act 1966 (SA),
and all ordinances, by-laws, regulations or other statutory documents issued under each of the documents set out above.
“Liability” means any liability (including debt and other obligations to pay money) however it arises and of whatever description.
“Loss” includes loss, damage, Liability, cost or expense, however it arises and of whatever description. Loss includes direct, indirect or consequential loss and loss of chance.
“Lucky Lotteries” means the draw lottery games known as Super Jackpot and Mega Jackpot conducted by Lottery Licensee in accordance with the relevant Rules.
“Lucky Lotteries Jackpot Prize” means the jackpot prize won by a Player in accordance with the Rules for Lucky Lotteries.
“Member” means a person who has been accepted by us as either a Restricted Member or an Unrestricted Member (as applicable) following submission of an application for registration for a Corporate Account and/or Product Account.
“NSW Lotteries” means New South Wales Lotteries Corporation Pty Limited ACN 142 890 195 and ABN 27 410 374 474.
“Player Card” means the card, which facilitates the registration of entries and tickets to you.
“Products” means lottery products and services as supplied by the Product Suppliers and any other products and services that we are lawfully able to supply from time to time.
"Product Accounts" means your account with one or more of the Product Suppliers.
“Product Suppliers” means:
(a) for residents of Victoria and Tasmania, Tatts.com on behalf of Tattersall’s Sweeps;
(b) for residents of the Northern Territory and selected international jurisdictions determined eligible by us from time to time, Tatts.com on behalf of Tatts NT;
(c) for residents of Queensland, Golden Casket;
(d) for residents of New South Wales and the Australian Capital Territory, NSW Lotteries;
(e) for residents of South Australia, Tatts SA as master agent for the Lotteries Commission of South Australia.
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth).
“Restricted Member” means a person whose identity, age and State or Territory of residence have not been verified in accordance with our identification procedures. A Restricted Member includes a person who has advised us of a change to their personal details, which has not been verified in accordance with our identification procedures.
“Rules” means the rules made or adopted by each of the Product Suppliers which govern the supply of their Products, as approved by or notified to the relevant gambling regulator and available at www.thelott.com/about/game-rules. Where your Product Supplier is:
(a) Golden Casket, the Rules are the Lotteries Rule (QLD);
(b) Tatts.com on behalf of Tattersall's Sweeps, the Rules are the Rules of Authorised Lotteries (Tatts - Victoria);
(c) Tatts.com on behalf of Tatts NT, the Rules are the Rules of Authorised Lotteries (Tatts NT - Northern Territory);
(d) NSW Lotteries, the Rules are:
i. Lotto Rules;
ii. Lotto Strike Rules;
iii. Oz Lotto Rules;
iv. Powerball Rules;
v. Draw Lottery Rules (Lucky Lotteries);
vi. Set For Life Rules; and
vii. Instant Lotteries Rules (Instant Scratch-Its)
(e) Tatts SA, the Rules are:
i. Lotteries (General) Rules;
ii. Lotteries (Saturday X Lotto) Rules;
iii. Lotteries (Monday and Wednesday X Lotto) Rules;
iv. Lotteries (Oz Lotto) Rules;
v. Lotteries (Powerball) Rules;
vi. Lotteries (Set For Life) Rules;
vii. Lotteries (Lucky Lotteries) Rules;
viii. Lotteries (Super 66) Rules;
ix. Lotteries (Keno) Rules; and
x. Lotteries (Instant Scratch-Its) Rules
"Subscription/s" means the functionality to automatically purchase a specific entry in a lottery based on a specified frequency and method of payment described in clause 6 of Part C.
“Tatts.com” means Tatts.com Pty Ltd ACN 060 353 662.
“Tattersall’s Sweeps” means Tattersall’s Sweeps Pty Ltd ACN 081 925 662.
"Tatts NT" means Tatts NT Lotteries Pty Ltd ACN 146 244 984.
“Tatts Online” means Tatts Online Pty Ltd ACN 149 493 694.
“Tatts SA” means Tatts Lotteries SA Pty Ltd ACN 146 245 007 acting as master agent for the Lotteries Commission of South Australia.
“Terms and Conditions” means the terms and conditions as they apply to your Corporate Account, Product Account/s and Player Card (as relevant).
"The Lottery Corporation" means The Lottery Corporation Limited (ACN 081 925 706) and its subsidiaries.
"The Lott Members Club Program" means the membership program offered and conducted by us through our Digital Channels and in retail channels.
“Third Parties” means any person who is not you or The Lottery Corporation.
“Third Party Payment Service” means a banking or financial institution or other financial service provider that facilitates the transfer of funds to your Accounts.
“Unrestricted Member” means a person whose identity, age and place of residence have been verified in accordance with our identification procedures.
“us, our and we” means:
(a) For Parts A and E, Tatts Online and your Product Supplier;
(b) For Part B, Tatts Online;
(c) For Parts C and D, your Product Supplier.
"You and your" means you, the consumer.
In these terms:
(a) headings are for convenience only and do not affect interpretation;
(b) a reference to a “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;
(c) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(d) 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;
(e) references to any legislation or to any section or provision of any legislation includes reference to that legislation as amended, re-enacted or replaced;
(f) a reference to “includes” in any form is not a word of limitation; and
(g) a reference to “$” or “dollar” is to Australian currency.
Effective Date: 9 November 2023