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TERMS & CONDITIONS for the 125th Lottery –
From 1 October 2010 through 31 March 2011
Part 1: Main Lottery
§ 1 Lottery sponsors
The NKL Nordwestdeutsche Klassenlotterie 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, North 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 parties for this purpose. The
age of players is generally verified by Schufa Holding AG, Wiesbaden,
but the services of other providers may also be used for such purposes,
including Regis24 GmbH, Berlin, DHL Vertriebs GmbH & Co. OHG, Bonn,
Deutsche Post AG, Bonn, or the financial institutions of purchasers of
tickets. These firms are provided with the names, dates of birth and
addresses of purchasers of tickets for such purposes. No credit check
will be made and no personal data will be made available to other
parties. The above service providers 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 2,131,926 cash prizes
(including 300 Extra Income prizes each month for one year, a Super
Million prize and 11,110 cash prizes from the Anniversary Drawing) 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 New Year’s 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
€1,317,660,000, of which €1,285,200,000 in cash prizes (including
€50,000,000 from the Anniversary Drawing) 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) Players do not have the
right to participate in any class with specific numbers. 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 dishonoured 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 otherwise 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 Part 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 it is not possible to play the Lottery with
the same number in any 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 play with twice as many tickets or fractions of
tickets with different numbers for all subsequent classes at no charge.
The provisions governing liability contained in § 12(1) apply. (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 determine the winning numbers for non-cash prizes and Extra
Income Drawing prizes. (2) Exceptions to paragraph (1) in respect of
Jackpot Drawings and drawings broadcast on television, the special
features of other games and drawings, 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 125th Lottery. The NKL will
forward a copy of these Drawing Rules to any player who so requests. The
Drawing Rules may also be downloaded from www.nkl.de.
§ 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 fourth 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 form 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 Internet 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) 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.
Non-cash prizes will be procured by the NKL after consultation with
winners and presented to the latter. The place of performance is the
location of the registered office of the NKL. Non-cash prizes include all
costs involved in procurement (including destination charges in the case
of automobiles and closing costs in the case of real estate) in addition
to the actual purchase price. In the case of prizes involving real estate,
for example, an island, NKL will acquire an appropriate property; any
amount remaining after a specific selection is made will be paid out in
cash. Winners of non-cash prizes involving real estate may opt to receive
payment of the full amount shown in the Winnings Plan. (3) 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. 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 (3), 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 fulfil
precontractual or contractual obligations due to deliberate intent or
negligence on the part 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 German Civil Code in conjunction
with § 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 otherwise limited
exclusively to damages resulting from deliberate intent or gross
negligence on the part of the NKL, its legal representatives or its
vicarious agents. Liability for simple negligence is excluded except in
the case of breach of a primary obligation that is of special importance
for achievement of the purpose of this Agreement (“cardinal obligation”).
The term “cardinal obligation” describes in the abstract obligations that
are such that they must be fulfilled to permit proper execution of the
Agreement and may be relied upon. The NKL will be liable in such cases
only for damages that are typical and foreseeable upon conclusion of the
Agreement. (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. (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 purchaser 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 otherwise. (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 German law. (2) For further
information or in the event of problems, please contact the NKL, which is
located at Überseering 4, 22297 Hamburg, Germany (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 125th NKL Lottery.
§ 2 Lottery system
(1) The NKL will carry out the Pension Joker Game in 6 classes in
connection with the 125th 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 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 apply accordingly for the Pension Joker Game.
NKL Nordwestdeutsche Klassenlotterie Hamburg,
March 2010
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 125th 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 125th 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
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
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