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The following clauses of the previous MyLotto Terms and Conditions (October 2016) have been updated in this version of the MyLotto Player Terms and Conditions: 90.
2. In order to apply for Registration as a Player you must read these Terms and Conditions carefully and agree that you will be bound by them if your Registration is accepted by us.
3. If you wish to Register as a player, tick the "I accept the MyLotto Player Terms and Conditions" tick-box. By taking this step you are representing to us that you have read, and understood and accept that you will be bound by these Terms and Conditions, if your Registration is accepted by us and that the information you have provided to us is correct.
4. You must also complete and submit the Application for Registration in order to become a Player.
5. Registration as a Player occurs when we accept your Application for Registration and you have completed the set-up of your Account.
6. Once you are Registered and you have completed the set-up of your Account you will be a Player of MyLotto and will be able to participate in Lotteries using MyLotto, subject to these Terms and Conditions.
7. Lotto NZ is committed to Responsible Gambling and provides an online link from MyLotto to a gambling counselling and referral service website. Contact details are available by clicking on the “Have fun and play Responsibly” link on MyLotto.
8. We will take any action we deem necessary, should we suspect that your use of this service may cause Harm or impact negatively on your health and wellbeing, or anyone else’s health or wellbeing.
9. These Terms and Conditions do not advertise, promote or induce gambling, or publish gambling information.
10. The following maximum spending limits apply for purchasing Tickets on MyLotto:
a. Weekly maximum of $150; and
b. Monthly maximum of $500.
11. If you do not normally live in New Zealand, the laws in your jurisdiction may prohibit you from purchasing Tickets via MyLotto.
12. Some jurisdictions (including the United States of America) have laws which entirely prohibit a person from purchasing Tickets via MyLotto. Other jurisdictions may have laws which set minimum age limits or laws which prohibit a person from purchasing Tickets via MyLotto in other ways. It is your responsibility to know and comply with all laws in your jurisdiction.
13. We do not wish to violate any such law or to allow anyone to make an Application for Registration or to purchase Tickets via MyLotto where doing so would violate any such law. If you are subject to any such law, you must not make an Application for Registration or attempt to purchase Tickets via MyLotto.
14. If purchasing Tickets via MyLotto is illegal in the jurisdiction in which you are located, you are not authorised to use your Card to purchase Tickets via MyLotto.
15. In these Terms and Conditions the following words and terms have the following meanings:
Account means a Player's online details and information relevant to participating in Lotteries (including Player Funds) stored on Lotto NZ's computer system and which that Player can access via the MyLotto website.
Act means the Gambling Act 2003.
Application for Registration means the form titled “Create an Account” found on the MyLotto website which a Prospective Player must complete and submit in order to apply for Registration as a MyLotto Player.
Card means a debit card or a credit card.
Chargeback means a credit card charge that has been reversed or prevented from being processed, either by the authorised bank or the individual in whose name the credit card has been issued.
Customer Support means the MyLotto Customer Support service offering technical and general assistance to Players concerning the operation of MyLotto.
Dishonour means a deposit made by internet bill payment that has been reversed or prevented from being processed by the authorised bank.
Draw has the same meaning as defined in the Act.
Fraudulent Use means illegal, and/or dishonest, and/or malicious use of a Player's Account or Player Funds and includes, but is not limited to, penetrating Lotto NZ's computer systems, and/or installing viruses or other software into Lotto NZ's systems.
Harm has the same meaning as defined in the Act.
Hours of Operation means the following hours of operation of MyLotto for the purposes of accessing and using Accounts and participating in lotteries:
06:30 - 23:00 Monday, Tuesday, Thursday, Friday and Sunday;
06:30 - 24:00 Wednesday;
06:30 - 24:00 Saturday.
Inactive Account means an Account which a Player has not accessed, logged into or used for a continuous period of 730 days.
Lottery has the same meaning as defined in the Act.
Lotto NZ/we/us or our means New Zealand Lotteries Commission a Crown Entity existing pursuant to the Act.
Month or Monthly means any calendar month.
MyLotto means Lotto NZ's interactive website through which a Player can participate in Lotteries found at www.MyLotto.co.nz.
Notice or Notification means any communication made by Lotto NZ to a Player made pursuant to these Terms and Conditions and Notify has a corresponding meaning.
Player means a person who has completed the Registration, opened an Account with MyLotto and is eligible to participate in Lotteries via MyLotto, but excludes any person whose Account has been terminated, cancelled, suspended or closed.
Player Funds means the balance of the amount held by Lotto NZ on trust for you in accordance with clause 89.
Postal Address means the following Lotto NZ address to which Players can send any information relating to their MyLotto Account when required: MyLotto, PO Box 8883, Auckland.
Prize means a prize won by a Player in a Lottery.
Prospective Player means a person who wishes to become a Player.
Registration means the process of registering as a Player including Lotto NZ's acceptance of a Prospective Player's Application for Registration and the Player opening an Account pursuant to these Terms and Conditions.
Responsible Gambling has the same meaning as defined in the Act.
Rules means the rules governing a Lottery as set out in the Keno Rules 1994, Lotto Rules 2000, the Bullseye Rules 2009 and the Play3 Rules 2014 and found in Lotto NZ's stores or on the Lotto NZ website at mylotto.co.nz.
Specific Terms and Conditions means specific terms and conditions applicable to games, promotions and services on MyLotto, as amended and published from time to time on mylotto.co.nz/legal-and-privacy-policies.
Ticket has the same meaning as defined in the Act.
Ticket Number means the series of numbers issued by Lotto NZ which confirms that an offer by the Player to purchase a Ticket has been accepted by Lotto NZ.
You/Your means a Player or Prospective Player (as applicable).
Week or Weekly means all Hours of Operation from Sunday to Saturday.
Working Day means any day other than a Saturday, Sunday or a statutory public holiday in New Zealand.
Warranty and Indemnity
16. When you submit an Application for Registration and each time you make an offer to purchase Tickets from Lotto NZ, you warrant to us that you are legally entitled to:
a. apply for Registration;
b. deposit funds with Lotto NZ;
c. purchase Tickets and receive winnings from Lotto NZ; and
d. that all of the above will not in any way violate any applicable laws of your place of residence.
17. You agree to indemnify us from any loss arising from any of the above warranties being incorrect.
18. 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.
19. We rely on the information you provide being true, correct, accurate, up to date and not misleading. If this is not the case, we may cancel your Registration, not sell you Tickets and/or cancel any Ticket you have purchased and we may retain (or recover from you) the value of any cancelled Tickets and any winnings paid to you. We may also suspend your Account and/or exclude you from being able to make any further purchases of Tickets.
Changes to Terms and Conditions
21. We may change these Terms and Conditions at any time. Changes will take effect from the date the updated Terms and Conditions are first posted on the MyLotto website (Effective Date), unless:
a. a change relates to procedures for claiming Prizes or Prize payments for Lotteries drawn before the Effective Date - in which case the change will take effect on an earlier date as specified by us; and/or
b. you do not accept the updated Terms and Conditions in accordance with clause 22 – in which case, you will not be permitted to continue to use MyLotto and any Player Funds held by Lotto NZ on trust for you will be subject to the Terms and Conditions applicable before the Effective Date.
22. By continuing to use the MyLotto website, you will be deemed to have accepted updated Terms and Conditions published on the MyLotto website. In addition, we will endeavour to alert you to changes by a pop-up screen when you access your Account, and you may be required to actively accept the new Terms and Conditions before being allowed access to your Account.
23. We may amend the procedures and explanatory information displayed on or accessible from MyLotto at any time. You will not be notified of these amendments.
Player Agreement and Applicable Law
24. When you tick the "I accept the MyLotto Player Terms and Conditions" tick-box a binding contract is formed between you and us based on these Terms and Conditions, governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts of New Zealand.
25. You will not be a Player and eligible to participate in Lotteries until we have accepted your Application for Registration (see next section) and you have completed the set-up of your Account.
26. Every time a Player offers to make a Ticket purchase from Lotto NZ, a Player is doing so in New Zealand pursuant to these Terms and Conditions and Lotto NZ is accepting that offer in New Zealand.
27. In order to become a Player you must complete and submit the Application for Registration.
28. To Register as a Player you must:
a. hold a New Zealand bank account in your name;
b. not be currently suspended as a Player;
c. be resident in a jurisdiction where Registration and the opening of an Account with Lotto NZ does not contravene any applicable law;
d. hold an email address unique to you; and
e. be an individual (a company or other corporate entity cannot be a Player).
29. When Registering online you must complete and submit the Application for Registration found on the MyLotto website.
30. If any information is missing in your online Application for Registration, or we require additional information from you, we may request that you send us any relevant information or documents to our Postal Address.
Becoming a Player
31. You will become a Player when Lotto NZ has accepted your Application for Registration and you have completed the set-up of your Account.
32. If Lotto NZ accepts your Application for Registration, your Registration will be confirmed by email to the email address specified by you in your Application for Registration.
33. Once you become a Player, you will be able to make deposits to the credit of your Player Funds, purchase Tickets from Lotto NZ (if we agree to sell Tickets to you) and qualify for Prizes.
34. Lotto NZ may refuse to sell a Ticket to you in its absolute discretion without giving reasons.
Registration - General
35. If you do not provide all the information requested in the Application for Registration we will not accept your application.
36. We may withhold payments of any nature and void all your winnings if your Registration details are false or misleading.
37. If any of your details change after you become a Player (for example your name), you must send us information confirming that change. If your name has changed we may request that you send us a copy of the relevant documentation, for example a marriage certificate or a deed poll, to our Postal Address.
38. Registration with MyLotto is free.
39. A Player may only have one Account at any one time.
40. Lotto NZ may refuse to allow you to become a Player if you have been convicted of fraud.
Account Operation – General
41. You cannot deposit funds to the credit of your Player Funds in excess of $999. Your Player Funds can only exceed $999 when Prizes are credited to your Player Funds.
42. You cannot purchase any Tickets while the balance of your Player Funds is in excess of $999.
43. You must reduce the balance of your Player Funds to $999 or less in order to purchase Tickets.
44. Lotto NZ will maintain an amount that equals or exceeds the aggregate face value of Players’ Player Funds (less any amounts that have been redeemed, cancelled or transferred to the Government (Treasury) from time to time in accordance with these Terms and Conditions) in a separate bank account or other form of deposit or security (Account). Lotto NZ acknowledges and declares that all amounts deposited in that Account are held on trust for Players, such that each Player has the right to a proportion of the Account equal to the face value of their Player Funds. Lotto NZ may deduct amounts from the Account as contemplated by these Terms and Conditions, and reserves the right to retain any interest earned on amounts deposited in the Account.
45. You are not permitted to use your Player Funds as security or allow a charge to be granted in favour of your Account.
46. A history of your Account transactions (including payments to and from your Player Funds, Ticket purchases and Prizes paid) for the immediately preceding 365 day period will be available in your Account.
47. Tickets may only be purchased online if you have cleared funds in your Player Funds. No credit is available on your Player Funds or Account.
48. It is your responsibility to ensure that there are sufficient cleared funds credited to your Player Funds in advance to cover all transactions related to your Account.
49. When an Account is suspended, you may no longer access or use it.
Account Responsibility and Security
50. The Application for Registration form will require you to nominate a username and a password to be used to access your Account and Player Funds. Your username must be your current email address. This email address will be used by Lotto NZ to provide you with Notices. We may set from time to time minimum complexity requirements for your password.
51. The Application for Registration also contains a list of 9 security questions. You must select 1 of these questions and submit your answer to it. The selected question and answer will be used to identify you, and as an alternative way to access your Account and Player Funds, if you forget your password.
52. It is your responsibility to ensure that no one else accesses MyLotto via your Account or purchases Tickets using your username, password or security question and answer. You must not disclose your password, or security question and answer to anyone. You will be responsible for any use of your Account or Player Funds by any other person and Lotto NZ expressly disclaims liability in this regard.
53. You may only use MyLotto, your Account and your Player Funds in the manner described in these Terms and Conditions.
54. You may not use MyLotto, your Account or your Player Funds for any purpose other than those stated in these Terms and Conditions. If you wish to use your Player Funds for any other purpose, you must withdraw them in accordance with clause 104.
55. You are entirely responsible for all of the obligations arising out of or in relation to your Registration and your Account as set out in these Terms and Conditions.
56. If you suspect your Account or Player Funds have been interfered with you should immediately change your password and contact us.
57. If we have reason to believe that your Account or Player Funds were, or are being, interfered with or that Fraudulent Use of your Account or Player Funds has occurred or might occur, we may take any action we deem appropriate to investigate or prevent such Fraudulent Use. This may include suspending or terminating your Account.
58. Where Fraudulent Use is detected and your Account is suspended the remaining Player Funds balance will, subject to the findings of our investigation and any criminal proceedings, be deposited into your nominated bank account less any debt due to us and less any funds lost through Fraudulent Use, and your Account will then be closed.
59. Where Fraudulent Use is detected and your Player Funds are credited with a Prize before or during your Account's suspension, we will investigate whether the Prize should be forfeited and the amount repaid to us.
60. Lotto NZ reserves the right to claim any Prizes or withdrawals from you where Fraudulent Use in relation to your Account or Player Funds has been detected.
Setting Self Imposed Exclusion Period
61. You may set a time period for your self-exclusion in your Account details.
62. Once you complete the procedures to set a self-exclusion period you will not be able to purchase Tickets for that Lottery during that time. You will not be able to adjust or cancel the self-exclusion period once it is set.
Setting Personal Spending Limits
63. You may prevent yourself from purchasing Tickets in one or more Lotteries by setting your own maximum spending limits for a certain period of time. The periods of time during which a personal spending limit will apply must be set either weekly or monthly.
64. At the start of each period the personal spending limit that you set will be the maximum spending limit for the duration of that period. Any changes you wish to make to your personal spending limit will only come into effect when that period ends.
65. Your personal spending limits can be less than the Lotto NZ maximum spending limits, namely:
a. Weekly maximum of $150; and
b. Monthly maximum of $500.
66. You cannot set your weekly maximum spend limit at less than $10 per Week.
67. You cannot set your monthly maximum spend limit at less than $25 per Month.
68. Winnings do not increase or supplement your spending limits.
Nominated Bank Account
69. Your nominated bank account must be:
a. valid, current and operating;
b. a New Zealand bank account; and
c. in your name. A different surname is permitted where a marriage certificate (or other legal document) has been provided as proof of identity.
70. Different bank account suffixes are deemed to be the same bank account.
71. A bank account may only be used by one Player.
72. If we discover that your bank account is being used by more than one Player we will suspend the Account and Notify you of the suspension. The Account will remain suspended until the situation is resolved to our satisfaction.
Credit or Debit Cards
a. New Zealand issued Visa and MasterCard Cards; and
b. Visa and MasterCard Cards issued elsewhere to New Zealand residents and approved by Lotto NZ,
can be used to deposit funds for the credit of your Account.
74. The Card used to deposit funds for the credit of your Account must:
a. be in your name and you must be the owner of the Card;
b. not be stolen, or declared stolen at the time of use; and
c. be a currently valid Card and not past its expiry date.
75. Cards without a registered owner and stored value cards (e.g. Prezzy Cards) may not be used.
76. Transactions are processed by Direct Payment Solutions International Limited.
77. Prizes or funds withdrawn from your Player Funds cannot be credited to your Card.
78. We may investigate any Chargebacks.
79. During any investigation of a Chargeback your Account will be suspended.
80. The validity or ownership of Tickets related to a Chargeback or that are in a suspended Account or in an Account that has or may be the subject of a Chargeback is not guaranteed.
81. The validity or ownership of any Prize related to a Chargeback is not guaranteed.
82. We will attempt to contact you if we decide to investigate your Account.
83. We may recover from you by any means deemed appropriate, the Chargeback amount, any related Prizes or associated costs and bank fees incurred as a result, and any payment or underpayment.
84. A MyLotto transaction may be identified on your Card billing statement as a gambling transaction.
85. The Visa Business Identification Number applicable to MyLotto transactions is (BID) 10025995.
86. No fee is charged by Lotto NZ for you paying money into or taking it out of your Player Funds. However, Lotto NZ may recover from you any amounts we incur as a result of your use of your Account and you hereby authorise Lotto NZ to debit any such amounts from your Player Funds.
87. We reserve the right to monitor your Account transactions.
88. Funds must be paid by you to the credit of your Player Funds for the purpose of participating in Lotteries. If you pay money into your Player Funds other than to participate in Lotteries, we may ask you to cease engaging in such activity, and/or suspend or terminate your Account, and/or take such other action as we deem appropriate in the circumstances.
89. You may pay money to Lotto NZ to be held by Lotto NZ in your Player Funds either online by using a Card, in accordance with the section above concerning Credit or Debit Cards, or by internet bill payment. Player Funds are held by Lotto NZ in accordance with clause 44 and may be used in accordance with these Terms and Conditions (including any Specific Terms and Conditions applicable to your use of MyLotto), including:
a. used by you to pay for Tickets under clause 115 or 125;
b. paid to you when directed under clause 104;
c. returned to your nominated bank account in accordance with clause 92; and
d. transferred to the Government (Treasury) in accordance with clause 144.
90. A payment for the credit of your Player Funds cannot:
a. be less than $1 when paid online using a Card;
b. be more than $150 per week when paid online using a Card or by internet bill payment; or
c. cause your Player Funds balance to be more than $999.
91. A payment to Lotto NZ may take up to 2 Working Days before it is recorded as held in your Player Funds.
92. Payments will be returned to your nominated bank account if:
a. your Player Funds balance exceeds $999;
b. your Player Funds are suspended or closed;
c. a payment is less than the minimum payment limit; or
d. a payment is more than the maximum payment limit.
93. A record of any payments returned will not be recorded in the financial history held on your Player Funds.
94. Bank payments to Player Funds must include your 10 digit Account number in the reference field and, as additional confirmation, your surname in the code field of the bank's deposit form.
95. If you provide incorrect or incomplete data when making payments to your Player Funds, we may be unable to identify your Account or Player Funds. If this is the case the funds will be held by Lotto NZ for 10 days before being returned to your bank or the bank the funds came from (whichever is applicable). You may contact Lotto NZ Customer Support during the 10 day period in order to identify your payments to Player Funds. If Lotto NZ is satisfied with the validity of your claim, the funds will be credited to your Player Funds.
96. Subject to the Terms and Conditions on Chargebacks and Dishonours funds to the credit of your Player Funds will only be recorded when Lotto NZ has confirmation from the relevant financial institution that the funds have been cleared in the Lotto NZ bank account in which Player Funds are held.
97. You agree to indemnify Lotto NZ against any loss that we might suffer as a result of any payments to your Player Funds made by you being Dishonoured or disputed, or being subject to a Chargeback and in this regard, you direct and authorise Lotto NZ to debit any such amounts from the credit of your Player Funds.
98. We may investigate any Dishonour.
99. During any investigation of a Dishonour your Account will be suspended.
100. The validity or ownership of Tickets related to a Dishonour or that are in a suspended Account or in an Account that has or may be the subject of a Dishonour is not guaranteed.
101. The validity or ownership of any Prize related to a Dishonour is not guaranteed.
102. We will attempt to contact you if we decide to investigate your Account or Player Funds.
103. We may recover from you by any means deemed appropriate, the Dishonour amount, any related Prizes or associated costs and bank fees incurred as a result, and any payment or underpayment.
104. At any time you can direct Lotto NZ to pay you the amount of your Player Funds balance.
105. There is no limit set on the amounts you can direct Lotto NZ to make from your Player Funds, however no overdraft is allowed.
106. The minimum withdrawal amount is $10, unless you are closing your Account, in which case you can withdraw an amount less than $10.
107. We will try to ensure that amounts which you direct Lotto NZ to pay you from your Player Funds are transferred to your nominated bank account within approximately 3 Working Days.
Changing Your Bank Account
108. You can change your nominated bank account as set out below.
109. A bank account cannot be changed while there are outstanding withdrawals or Prize claims being processed.
110. You can change your nominated bank account by clicking 'Change Bank Account' and changing your personal details. You must then send to our Postal Address:
a. a copy of a bank deposit slip with your new bank account number written on it; or
b. a copy of a bank statement with your new bank account number written on it.
111. The new bank account will become effective for the transfer of funds once we have processed the documentation provided. Until such time as the new bank account is effective you and we will be unable to transfer funds to the new bank account, including any payment of Prizes. Notification will be sent to you when the change to your nominated bank account becomes effective.
Participating in Lotteries
112. In order to participate in a Lottery you must purchase a Ticket for that Lottery. The terms below apply to your purchase of Tickets.
113. You can only purchase a Ticket if:
a. there are sufficient funds credited to your Player Funds;
b. the purchase falls within your self-imposed spending limits or otherwise within the following spending limits:
i. maximum Weekly spend $150;
ii. maximum Monthly spend $500.
c. you are not under a self-imposed exclusion period for that Lottery; and
d. your Account has not been suspended or closed.
114. You may participate in a Lottery through MyLotto by selecting all the relevant information on the MyLotto website, including the type of the Lottery and the number of Draws you wish to participate in, your selected numbers for the Draw and clicking the "Confirm Purchase" button on the "Please confirm your purchase" page of the MyLotto website.
115. When you click the "Confirm Purchase" button or the “Confirm” button if you are using our mobile website you are making an offer to purchase a Ticket from us and you are directing and authorising us to debit the credit of your Player Funds with the cost of that Ticket or, as applicable, Tickets.
116. Once you have clicked the "Confirm Purchase" button or the “Confirm” button if you are using our mobile website you cannot cancel that Ticket. To avoid any doubt no return or refund of a Ticket is permitted once you have clicked the "Confirm Purchase" button or the “Confirm” button if you are using our mobile website.
117. When you make an offer to purchase a Ticket, our computer system will process that purchase by debiting the relevant funds from the credit of your Player Funds and generating a Ticket Number or, as applicable, Ticket Numbers.
118. Your offer to purchase a Ticket will only be accepted by us when a Ticket Number is generated and our acceptance has been communicated to you by your receipt of the Ticket Number in your Account. A Ticket is only valid if you have received the relevant Ticket Number in your Account.
119. For each Ticket you purchase you will receive the relevant information confirming your entry into the Lottery of your choice, namely the Ticket Number, the date and the number of the Draw, your selected numbers, the Ticket price and the type of the Lottery.
Deadlines for Entry into a Draw
120. You can only participate in a Lottery prior to the deadline for the Draw of the Lottery you wish to participate in.
121. The deadline for each Draw is set out on the MyLotto website.
122. If our computer system does not process your offer to purchase a Ticket before the deadline for the Draw you wish to enter, your offer to purchase will be declined.
Inability to Process a Purchase
123. If MyLotto or our computer system experiences any form of malfunction at any time during the process set out above for making and completing a Ticket purchase and we are unable to recover or verify the status of that purchase during data recovery, then that unfinished or interrupted purchase will be deemed void. Any necessary adjustments will be made to your Account and Player Funds.
124. Lotto NZ may further refuse to accept any offer to purchase a Ticket if we reasonably suspect or know that our computer system has failed to function in the manner in which it was designed and programmed to function.
125. You may subscribe to buy Tickets via MyLotto. Subscriptions can be selected for a period of 3, 6 or 12 months and can be managed via your Account.
126. The Rules may change from time to time. If you have a current subscription to buy Tickets for a Lottery and the Rules of that Lottery change, Lotto NZ will contact you by email to tell you about these changes, the impact on your subscription and what you need to or can do as a result of these changes.
127. You are responsible for checking your email account for any communication regarding subscriptions from Lotto NZ. Lotto NZ expressly disclaims responsibility in this regard to the maximum extent permitted by law.
128. All Prizes are subject to Lotto NZ's verification procedures before payment.
129. Lotto NZ will Notify you when you have won a Prize.
130. Prizes won through Tickets purchased via MyLotto cannot be claimed in a retail store.
131. Prizes up to $1000 will be credited to your Player Funds automatically on the day after the Draw.
132. Your entitlements following your purchase of your Tickets will be determined in accordance with:
a. the Rules of the Lottery for which the Ticket was purchased;
b. these Terms and Conditions; and
c. the Act and all other applicable laws of New Zealand.
133. If you have won a Prize over $1,000 Lotto NZ will, in the case of a cash Prize, only pay the Prize directly into your nominated bank account or, in the case of a non-cash Prize, deliver the Prize to your nominated address unless the relevant terms and conditions governing the non-cash Prize specify otherwise.
134. For Prizes over $1000 you must provide Lotto NZ with your residential address, your telephone number and confirmation of your nominated bank account number by completing an online claim form. If you fail to complete an online claim form a cash Prize will not be deposited to your nominated bank account or, as applicable, a non-cash Prize will not be delivered to your nominated address.
135. Lotto NZ will not be responsible if you do not receive your Prize or payments because you provided an incorrect bank account number or address or other details affecting payment or delivery.
136. Cash Prizes over $1000 (other than promotional cash Prizes, which may take longer) may take up to 3 Working Days to be deposited to your nominated bank account from the date you complete an online claim form.
137. A Prize which is offered in cash or kind may be paid in cash to your nominated bank account if you have completed an online claim form but have not made a nomination whether to take the Prize in cash or kind.
138. Unpaid and/or undelivered Prizes will be held by us for 7 years.
139. After that period the Prize amount will be transferred to the Government (Treasury). If your Prize has been so transferred, you may claim it from the Treasury.
140. Lotto NZ may suspend or close your Account at any time without Notice and without providing you with any reason.
141. You can close your Account at any time, unless:
a. you have a valid Ticket for a future Draw;
b. you are entitled to unpaid Prizes; or
c. the Account is suspended.
142. Lotto NZ may close Inactive Accounts.
143. If an amount (whether as a Prize or otherwise) is credited to your Player Funds in error, Lotto NZ may recover that amount from you.
144. Funds credited to your Player Funds will be deposited into your nominated bank account once your Account is closed. However, if your nominated bank account is closed, the funds will be held by us for a maximum of 7 years. If the funds remain unclaimed for more than 7 years, we will transfer the amount to the Government (Treasury). You may claim such funds (either from us or Treasury, as applicable) at any time.
145. In the event of your death, the balance of your Player Funds will automatically form part of your estate and funds credited to your Player Funds will be held by us until claimed by the administrator of your estate. If the funds remain unclaimed for more than 7 years after your death, we will transfer the amount to the Government (Treasury). Your funds may be claimed (either from us or Treasury, as applicable) at any time, if proof of entitlement in a form acceptable to us or Treasury (as applicable) is provided.
146. Lotto NZ will endeavour to ensure that Hours of Operation are observed, however Lotto NZ does not guarantee that the Hours of Operation will be observed at all times. If MyLotto becomes unavailable for any reason we will endeavour to restore your access to MyLotto as soon as practically possible.
147. You will not be able to purchase Tickets during the following Draw change times (these times are approximate and may be subject to variation):
a. Lotto / Powerball / Strike - Wednesdays and Saturdays 19:30-21:00;
b. 10am Keno - daily 10:00-10:05;
c. 1pm Keno - daily 13:00-13:05;
d. 3pm Keno - daily 15:00-15:05;
e. 6pm Keno - daily 18:00-18:05;
f. Bullseye - daily 18:00-18:30;
g. Play 3 - daily 18:00 - 18:30.
148. Access to your Account or Player Funds may not be available for periods of scheduled downtime while we carry out maintenance on our computer system. You may receive a Notification from us prior to any such scheduled downtime.
149. To access MyLotto we recommend that you use the latest version of a major supported browser such as Internet Explorer, Firefox, Chrome or Safari.
Specific Terms and Conditions
150. These Terms and Conditions incorporate any Specific Terms and Conditions applicable to games, promotions and services that you use or participate in on MyLotto. Unless expressly stated otherwise, if there is any inconsistency between the Terms and Conditions set out in this document and the Specific Terms and Conditions, the Terms and Conditions set out in this document will apply.
151. In these Terms and Conditions or anywhere on the MyLotto website:
a. all references to any monetary amount are references to New Zealand currency;
b. all references to times are references to New Zealand time;
c. reference to a person does not include a corporation, corporation sole, or a body of persons, whether corporate or incorporated;
d. reference to “including” means “including without limitation”;
e. the singular includes the plural and vice versa;
f. words importing one gender include any other gender.
152. These Terms and Conditions survive the termination of your Account, as applicable.
153. You agree not to seek to stay or terminate any proceedings brought in New Zealand on the grounds that the forum is not convenient or is less appropriate than some other forum. You agree not to challenge any application made by Lotto NZ to stay any proceedings brought in any other jurisdiction.
154. You acknowledge and agree that Lotto NZ or its licensors own the copyright and all other intellectual property rights in all of the content on MyLotto, including the Lotto, MyLotto and other trademarks on MyLotto. You may use MyLotto solely for your personal use. You must not reproduce, adapt or publish the content of MyLotto, in whole or in part, or do anything that is inconsistent with Lotto NZ and its licensors’ intellectual property rights.
155. You may not copy or distribute any results files, graphic or other content and downloads on MyLotto without our permission. You may not interfere in any manner with, decompile, modify or create derivative works from any such content or downloads.
156. While considerable care has been taken in compiling and updating content on the MyLotto website, Lotto NZ does not guarantee the accuracy of this content. To the extent permitted by law, Lotto NZ excludes all warranties in relation to the content and is not liable to you for any damage, loss, cost or expense incurred when using MyLotto.
157. Lotto NZ will not be liable for any delayed or lost Notices.
158. Lotto NZ will not be liable if you do not receive any amounts as a result of any incorrect information provided by you to Lotto NZ.
159. From time to time, MyLotto may contain links to other sites not operated by Lotto NZ. We do not control these sites and so cannot be held responsible for their content. Such links do not indicate our endorsement or support of any goods, services or content on those sites and we will not be liable to you for any goods, services or content which may be purchased or accessed through these links unless they are supplied by us.
160. Files you download from MyLotto are used by you at your own risk. We do not guarantee that files available for downloading from MyLotto will be free of viruses, or other codes that may corrupt or damage property. You are solely responsible for implementing virus checking and other procedures to prevent any such corruption or damage.
161. You agree to indemnify Lotto NZ, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of your use of MyLotto and any content on MyLotto or from any violation of these Terms and Conditions (including negligent or wrongful conduct by you or any other person accessing MyLotto or your Player Funds in your name).
162. Registration is personal to you and you cannot transfer, assign or otherwise dispose of your rights and obligations under these Terms and Conditions.
163. You will only receive unsolicited mail from us if you have agreed to receive mail in your Application for Registration. This does not apply to Notices which we may send to you in accordance with these Terms and Conditions.
164. Except to the extent that liability cannot be excluded by law, we will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies in MyLotto and our computer system and/or failures in the communications links provided by telecommunications carriers or service providers or between financial institutions and our computer system, materials or information downloaded through MyLotto), action or liability of any nature arising out of your Registration with MyLotto, your Account, your Player Funds, the purchase or attempted purchase by you of a Ticket, the use by you or any inability to use MyLotto, the failure of MyLotto to give effect to any offer by you to purchase a Ticket whether accepted by us or not. Nothing in these Terms and Conditions is intended to limit any rights that you may have under the Consumer Guarantees Act 1993.
165. We give no warranty whatsoever that MyLotto will be available for use by you permanently or for any minimum period of time.
166. Any non-enforcement by us of any of our rights under these Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under these Terms and Conditions will not constitute a waiver on any subsequent occasion.
168. MyLotto contains links to other websites. Lotto NZ is not responsible for the privacy practices or the content of these listed sites.
These Terms and Conditions were last updated in January 2017.