|
TERMS & CONDITIONS for the 127th Lottery –
From 1 October 2011 through 31 March 2012
Part 1 Main Lottery with Million Joker Supplement
§ 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, RISER ID Services GmbH, Berlin,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 2,120,150 cash prizes
(including 300 prizes consisting of Extra Income each month for one
year), up to 6 additional cash prizes from Jackpot Drawings, 1,001
non-cash prizes (480 automobiles, 200 vacations and 20 homes as well
as 300 cruises from the Cruises Drawing and an island from the Summer
Drawing as well as 400 gold bars from the Special 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 €1,215,390,000 in cash prizes,
€36,270,000 in non-cash prizes and €16,000,000 in gold bars, will be
awarded in the course of the Lottery (5) The sixth class includes a
Special Anniversary Drawing that may double the Jackpot in that class
(Special Anniversary Jackpot). The Jackpot will be doubled if the 0 is
drawn from the digits 0 to 2 in a preliminary drawing.
§ 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 or ceases to play and then purchases a ticket for a subsequent
class, the player must also pay the price of the tickets for all preceding
classes for which tickets were not purchased. (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 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 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,
Extra Income Drawing prizes and gold bars. 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, Extra Income, Drawing prizes and gold bars. (2) Each of the
Jackpot Drawings held in the first five classes will be preceded by a
preliminary drawing in which a single digit is drawn from the digits 0 to
2. If the 0 is drawn in the preliminary drawings, a 7-digit winning number
will then be determined. If the 1 or 2 is drawn, the prize for the
corresponding Jackpot Drawing will be transferred to the Jackpot Drawing
in the following class and added to the prize for that drawing. A
preliminary drawing in which a single digit is drawn from the digits 0 to
2 will also be held in the sixth class. If the 0 is drawn in this
preliminary drawing, the prize for this Jackpot Drawing will be doubled.
If the 1 or the 2 is drawn, the prize for this Jackpot Drawing will not be
doubled. A drawing to determine a 7-digit winning number will follow the
preliminary drawing. (3) Exceptions to paragraph (1) in respect of
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 128th 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 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 and gold bars 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 and gold bars 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 noncash prizes
consisting of real estate or gold bars 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 grossly negligent
breach of its duties or failure to fulfill precontractual or contractual
obligations due to deliberate intent or negligence on the part of Lottery
Agents or any other agents in connection with the offer to purchase or
the sale of a Lottery ticket (end of section 309 no. 7 of the German Civil
Code (Bürgerliches Gesetzbuch – BGB) in conjunction with section 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 (Produkthaftungsgesetz). (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
(1) Players may opt to participate in the Million Joker Drawing when
they first 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 230 Million Joker prizes representing an amount equal to
€230,000,000 will be drawn as shown in the Winnings Plan. (3)
Participation in the Million Joker Game costs €28.00 per class for full
tickets, €14.00 for half tickets, €7.00 for quarter tickets, €3.50 for
eighth tickets and €1.75 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 § 9(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 128th NKL Lottery.
§ 2 Lottery system
(1) The NKL will carry out the Pension Joker Game in 6 classes in
connection with the 128th 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,
September 2011
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 128th 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 128th 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
|