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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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