|
TERMS & CONDITIONS for the 124th Lottery –
From 1 April through 30 September 2010
Part 1: Main Lottery
§ 1 Lottery sponsors
The NKL Nordwestdeutsche Klassenlotterie (NKL) is a public corporation
and has its registered place of business in Hamburg. It is sponsored by
the states of Berlin, Brandenburg, Bremen, Hamburg, Lower Saxony,
Mecklenburg-West Pomerania, Nor th Rhine-Westphalia, Saarland,
Saxony-Anhalt and Schleswig-Holstein (Registry of Commerce: Hamburg Local
Court HRA 110295).
§ 2 Participation
(1) Minors are prohibited by law from participating in the Lottery.
Each ticket purchaser must therefore truthfully provide his or her name,
date of birth and address. (2) The NKL and its sales organization
are legally required to verify the age of all ticket purchasers.
Verification of age involves the use of accepted procedures; the
necessary data are made available to third par ties for this purpose.
The age of participants is generally verified by Schufa Holding AG,
Wiesbaden, which means the names, dates of birth and addresses of ticket
purchasers are made available to the latter. No credit check will be
made and not personal data will be made available to other parties.
Schufa will store requests for information for a limited period of time.
(3) In the event it is not possible to verify that a ticket
purchaser is of legal age using a procedure pursuant to paragraph (2),
the purchaser will be informed accordingly without delay. In such cases,
purchasers may provide proof of age in another appropriate form. (4)
When tickets are purchased in person from employees of the NKL sales
organization, the latter must require presentation of official
identification in cases of doubt to ensure that tickets are not sold to
minors.
§ 3 Lottery system
(1) The Lottery is held in accordance with the Winnings Plan over a
period of 6 months and consists of 6 classes, each of which covers 1
month. (2) A total of 3,000,000 tickets will be issued. Holders of
valid tickets will be eligible for a total of 2,120,906 cash prizes
(including 300 Extra Income prizes each month for one year) and up to 6
additional cash prizes from Jackpot Drawings as well as 630 non-cash
prizes (automobiles, vacations and homes) and 1 non-cash prize (island)
from the Summer Drawing. (3) Full tickets, half (1/2) tickets,
quarter (1/4) tickets, eighth (1/8) tickets and sixteenth (1/16) tickets
are issued for each class. Each ticket bears a 7-digit number between
0,000,001 and 3,000,000 and a letter (A for a full ticket; A or B for a
1/2 ticket; A , B, C or D for a 1/4 ticket; A , B, C, D, E, F, G or H
for an 1/8 ticket; and A, B, C, D, E, F, G, H, I, J, K, L, M, N, O or P
for a 1/16 ticket). (4) Total winnings of €1,267,660,000, of which
€1,235,200,000 in cash prizes and €32,460,000 in non-cash prizes, will
be awarded in the course of the Lottery.
§ 4 Ticket prices
(1) Tickets cost €140.00 per class for a full ticket, €70.00 per class
for a 1/2 ticket, €35.00 per class for a 1/4 ticket, €17.50 per class for
an 1/8 ticket and €8.75 per class for a 1/16 ticket. (2) In the event
a player purchases a new ticket with a new number in the course of the
Lottery, the player must pay the price for all preceding classes. (3)
Players receive Winnings Lists and must pay a fee plus postage for this
service.
§ 5 Sale of tickets and player registration
(1) Tickets are sold in the name and on behalf of the NKL at the points
of sale of NKL Lottery Agents. (2) Lottery Agents will keep a record
of the personal information provided by players pursuant to §2(1) as well
as players’ bank details and the corresponding ticket number(s) and
letter(s) issued. (3) Players must without delay notify their Lottery
Agents of any changes in their name, address or bank details. Players will
be solely liable for any damage or loss incurred due to failure to comply
with this provision. (4) Lottery Agents may issue ticket certificates
for tickets ordered and forward these certificates to players unless
delivery of the actual tickets is explicitly requested. Ticket
certificates may be issued for several classes and for several ticket
numbers. Claims in connection with a ticket certificate may be made only
against the Lottery Agent issuing the certificate on the basis of
conditions applying to the issuance of the respective certificate. These
Terms & Conditions also apply accordingly to ticket certificates. (5)
The NKL is under no obligation to deliver tickets with specific numbers
for any class. However, the NKL will make every effort to accommodate
players' requests for specific ticket numbers.
§ 6 Payment for tickets and agreement
(1) This Agreement between the NKL and the player governing
participation in the Lottery in accordance with the provisions set forth
below enters into full force and effect upon payment of the price of the
ticket and registration of the purchase of the ticket. (2) In order to
participate in and be eligible for prizes from all of the drawings in any
given class, a) the player must purchase a ticket from a Lottery Agent and
make payment on time in compliance with paragraph (3) and in full in
compliance with paragraphs (4) and (5) to the Lottery
Agent, and b) the purchase of the ticket must be registered in the NKL
database prior to the beginning of the first class of the respective
drawing. (3) The ticket price will be considered to have been paid on
time if by no later than midnight of the working day (excluding
Saturdays) preceding the day before the beginning of the respective class
a) the price of the ticket is effectively made available to the Lottery Agent in cash, by postal money order or bank transfer and the Lottery Agent can verify receipt of such payment, b) a check in the amount
of the ticket price has been received by the Lottery Agent and the check
is not dishonored for reasons beyond the control of the player, c)
the Lottery Agent has received authorization to debit a bank account in
the name of the player or a credit card company for the price of the
ticket and payment is not refused or delayed for reasons beyond the
control of the player or authorization revoked retroactively by the
player, or d) the Lottery Agent is notified in writing of
authorization to debit a bank account in the name of the player and none
of the conditions mentioned under subparagraph c) applies. (4) In
the case of tickets purchased after the time specified in paragraph (3),
players become eligible for prizes as of the Special Drawing or the
Extra Special Drawing or, in the sixth class, the Jackpot Drawing if the
ticket price is paid by no later than midnight of the working day
(excluding Saturdays) preceding the day before the respective drawing.
(5) In the event a player fails to make payment in full for a ticket or
fraction of a ticket, the Lottery Agent will retain that portion of
the amount paid that is not applied to a ticket number. If the difference
is received subsequently, paragraph (4) will apply accordingly. Any
such retained amount may other wise be applied to future ticket orders or
will be refunded to the player by the Lottery Agent upon the request
of the former. (6) In the event a player fails to make payment in
full for more than one ticket or fraction of a ticket, any amount received
will be applied first towards a) the price of full tickets and then,
in this order, to the price of b) 1/2 tickets, c) 1/4 tickets, d) 1/8
tickets and e) 1/16 tickets to the extent the amount received covers the
price of any of the latter in the absence of other instructions from
the player. In the case of more than a single identical fraction of a
ticket, the amount received will be applied first toward the price of
the ticket(s) with the lowest number(s). § 13(4) below and § 4(2) of Par t
2 of these Terms & Conditions remain in effect. Paragraph (5) also
above applies.
§ 7 Eligibility for subsequent classes and
assignment
(1) Each ticket is valid only for the class for which it is issued. In
the course of the Lottery, Lottery Agents will offer players a ticket or
tickets with the same number(s) and letter(s) (follow-up tickets) for each
ensuing class. Players are, however, under no obligation to purchase these
tickets. (2) In the event a ticket with the same number is for any
reason no longer available for a given class despite the fact that payment
is made on time and a player cannot continue to play with the same number,
that player will be entitled to receive twice as many tickets or fractions
of tickets with different numbers for all subsequent classes at no charge.
No further claims, and in particular no claims for compensation for any
loss of winnings, will be recognized. (3) Lottery Agents will offer
players holding tickets for the sixth class the same number of tickets or
fractions thereof for the first class of the following Lottery unless
instructed otherwise by the player. (4) Players may withdraw from the
Lottery as of the end of any class and may do so even if they have already
received a ticket certificate valid for several classes. (5) The
assignment of claims arising from this Agreement is subject to the
approval of the Lottery Agent. The Lottery Agent will give such approval
and record the name of the assignee pursuant to § 5(2) upon compliance
with the conditions contained in § 2.
§ 8 Winnings
(1) Winning numbers are picked by drawing numbers with 1, 2, 3, 4, 5
and 7 digits. Seven-digit numbers are drawn to pick the winning numbers
for prizes in the amount of €1,000,000 or more and those prizes for
categories with fewer than 30 prizes as well as for non-cash prizes and
Extra Income Drawing prizes. In the case of all other prize categories,
winning numbers are picked by drawing only final digits. Letters are also
drawn to deter mine the winning numbers for non-cash prizes and Extra
Income Drawing prizes. (2) Exceptions to the provisions of paragraph
(1) and the special features of other games and drawings as well as the
order in which drawings are held and the choice of mechanical drawing
devices used are governed by the provisions of the Drawing Rules for the
124th Lottery. The NKL will for ward a copy of these Drawing Rules to any
player who so requests.
§ 9 Winning tickets
(1) With the exception of the winning numbers drawn in the 4 Extra
Special Drawings in the sixth class, winning numbers remain eligible for
prizes in subsequent drawings. Winning numbers drawn in the Extra Special
Drawings are withdrawn from the Lottery at the end of the day prior to the
following Extra Special Drawing or, in the case of the four th Extra
Special Drawing, prior to the Super Drawing. (2) Lottery Agents will
regularly offer winning players the possibility of purchasing tickets with
numbers that have not yet been drawn (replacement tickets) to allow them
to continue to participate in subsequent drawings. (3) The price of
such tickets is based upon the price for the class for which they are
issued plus the total price for all preceding classes. (4) Holders of
such replacement tickets are eligible for drawings as of the day of the
following Extra Special Drawings or Super Drawing provided that payment
for such tickets has been made and registered prior to the drawing in
compliance with § 6(2) and (3).
§ 10 Notification of winnings
(1) Winners are notified of winnings by the Lottery Agents from whom
they purchased their tickets. In addition, winning numbers and letters are
published in the for m of a Winnings List, which may be consulted on the
premises of Lottery Agents or purchased from the latter. Other
announcements of prizes through media such as television, videotext,
newspapers and the Inter net are not binding. (2) With the exception
of the Extra Income Drawing prizes, which are awarded in their entirety to
holders of the 7-digit ticket numbers and letters drawn, cash prizes
quoted by the NKL are based on the purchase of a full ticket. The actual
amount paid out varies proportionately as a function of the fraction of a
full ticket purchased.
§ 11 Payment of winnings
(1) Prizes may be claimed only by players registered with the Lottery
Agents as the holders of the corresponding ticket numbers. (2) Players
may be required to present the corresponding tickets to the Lottery Agents
whose names appear on the face of the tickets in order to claim prizes.
Cash prizes of up to €1,000,000 are paid out by the Lottery Agents and
prizes in excess of €1,000,000 and Extra Income Drawing prizes by the NKL.
Winners will receive non-cash prizes from the NKL as agreed with the
former. The place of performance is the location of the registered office
of the NKL. The cash values specified for automobiles awarded as prizes
include destination charges. Winners of a home or an island will upon
request or at the sole discretion of the NKL receive the cash equivalents
indicated in the Winnings Plan in lieu of the non-cash prize. Unless other
wise agreed, winners will take possession of non-cash prizes at the
official address of their Lottery Agent. (3) In the case of winning
tickets that remain eligible for further drawings, players will receive a
receipt from the Lottery Agent that entitles them to any further prizes
won in subsequent drawings in the same class. (4) If a ticket with a
winning number cannot be presented pursuant to paragraph (2), the
registered player may claim the prize three months from the date of
publication of the winning number in the Winnings List. (5) All claims
to prizes expire three months after the date of publication of the
respective winning numbers in the Winnings List. (6) Lottery prizes
are exempt from income tax in the Federal Republic of Germany.
§ 12 Liability
(1) The NKL is not liable for damages resulting from failure to fulfill
precontractual or contractual obligations due to deliberate intent or
negligence on the par t of Lottery Agents or their agents in connection
with the offer to purchase or sale of a Lottery ticket for the NKL or a
Lottery Agent (end of § 309(7) of the Ger man Civil Code and § 278 of the
German Civil Code). This provision applies accordingly to any damage
arising from the malfunction of technical equipment after a ticket is
purchased. (2) The liability of the NKL is other wise limited
exclusively to damages resulting from deliberate intent or gross
negligence TERMS & CONDITIONS for the 124th L otter y – From April 1
through September 30, 2010 Par t 1 Main Lottery on the part of its legal
representatives or their agents. (3) The exclusion of liability
pursuant to paragraphs (1) and (2) does not apply to liability in the
event of wrongful harm to life, body or health or claims under the Product
Liability Act (Produkthaf tungsgesetz). (4) Any agreements between
Lottery Agents and players that deviate from the present Terms &
Conditions are in no way binding upon the NKL.
§ 13 Million Joker Supplement
(1) Players may opt to participate in the Million Joker Drawing when
they purchase their tickets. This decision is binding for the duration of
the entire Lottery. The tickets of players who opt to participate in the
Million Joker Game are identified accordingly. (2) A total of 165
Million Joker prizes representing an amount equal to €165,000,000 will be
drawn as shown in the Winnings Plan. (3) Participation in the Million
Joker Game costs €20 per class for full tickets, €10 for half tickets, €5
for quarter tickets, €2.50 for eighth tickets and €1.25 for sixteenth
tickets. (4) The provision contained in § 6(6) above applies. However,
ticket numbers that are eligible for Million Joker prizes take precedence
over numbers for the same fraction of a ticket that are not eligible for
Million Joker prizes unless the Player stipulates other wise. (5)
Follow -up tickets are not available for the Million Joker Game. As a
result, the provisions contained in § (2) and (3) do not apply. (6)
All other provisions contained in these Terms & Conditions apply
accordingly to the Million Joker Game.
§ 14 Confidentiality and information
(1) The names of ticket holders and winners will be treated
confidentially in compliance with Ger man law. (2) For further
information or in the event of problems, please contact the NKL, which is
located at Überseering 4, 22297 Hamburg, Ger many (Telephone +49 (0) 40 63
29 10-0).
Part 2 Pension Joker Game
§ 1 Participation
Participation is limited to holders of valid tickets for the Main
Lottery of the 124rd NKL Lottery.
§ 2 Lottery system
(1) The NKL will car r y out the Pension Joker Game in 6 classes in
connection with the 124th NKL Lottery. (2) A total of 3,000,000
non-divisible tickets will be issued. Holders of valid tickets will be
eligible for a total of 300 prizes representing at total of €44,640,000.
Winners will receive payment of these 300 prizes over a period of 10
years.
§ 3 Ticket prices
(1) Tickets cost €5.00 per ticket and class. Holders of valid tickets
for the Main Lottery may purchase Pension Joker tickets for any class
without having to pay the price of tickets for previous classes. (2)
Tickets may be purchased only from the Lottery Agent from whom the player
has obtained the corresponding ticket(s) for the Main Lottery.
§ 4 Payment for tickets
(1) Tickets must be paid for by midnight of the working day (excluding
Saturdays) preceding the day before the Pension Joker drawing. (2) In
the event payment for the tickets for the Main Lottery and the Pension
Joker Game is not made in full, any amount received will be applied first
to the price of the ticket for the Main Lottery and then to the price of
the ticket for the Pension Joker Game in the absence of other instructions
from the player.
§ 5 Winnings
Winning numbers are picked by drawing 7-digit numbers as described in §
8 of Part 1 above.
§ 6 Payment of winnings
The 10-year Joker Pensions will be paid out by the NKL and are
inheritable.
§ 7 General condition
Unless stipulated otherwise above, the Terms & Conditions for the Main
Lottery Lottery apply accordingly.
NKL Nordwestdeutsche Klassenlotterie Hamburg,
January 2009
In the event of differences, the German version of the Terms &
Conditions is binding. Probability of Winning and Losing • Holders
of tickets for the Main Lottery have 1 chance in 1.85 of receiving a prize
in the amount of the price of a ticket for a single class or more in
the course of the 124th Lottery. • Holders of tickets for the Pension
Joker Game have 1 chance in 10,000 of receiving a 10-year Joker
Pension in the course of the 124th Lottery. NKL Lotteries are games of
chance, which means players can lose the entire amount they pay for their
tickets.
PLAY RESPONSIBLY
NKL Information on Compulsive Gambling
Players must be at least 18 years of age. Lotteries are intended to be
fun and not a problem. If playing becomes more than entertainment for you,
please seek help. Call +49 (0) 40 632910-50 or contact us at
info@nkl.de
|