Terms and Conditions
The amendments to include clause 10A set out details of the Autoplay function which will be offered on the “Lotterywest Powered By Oz Lotteries” website (at www.oz.lotterywest.com) and the “Oz.Lotterywest” mobile application. If you require any further information please call Customer Services on 133 777
1 Definitions
1.1 In these terms and conditions unless the contrary intention appears:
Act means the Lotteries Commission Act 1990 (WA) (as amended);
Account means the Lotterywest membership account held by Us on the Lotterywest Platform (being the Lotterywest Platform Account) or held on the Oz Lotteries Platform (being the Oz Lotteries Platform Account) which may be used for the purchase of Entries by, and the payment of prizes to, that Lotterywest member;
Application for Registration means an application for registration as a Lotterywest member (either a Lotterywest Platform member or an Oz Lotteries Platform member) via the Lotterywest Platform or the Oz Lotteries Platform;
Autoplay means the selection by You of Entries into each lotto draw or such nominated lotto draws of a selected lotto game to continue automatically;
Deadline means the day and times of day after which offers to purchase an Entry in a particular lottery draw will not be accepted by Lotterywest either via the Lotterywest Platform or via the Oz Lotteries Platform;
Digital Entry means an Entry via the Lotterywest Platform or the Oz Lotteries Platform;
Entry means an entry or entries into lottery games conducted by Lotterywest pursuant to the Act;
E-wallet means a Lotterywest member’s individual electronic wallet for the storage of funds for, and winnings from, Entries, stored within their Account on the Lotterywest Platform or the Oz Lotteries Platform;
Login details means a Lotterywest member’s username, password and personal identification number (PIN);
Loss means:
(a) damage or loss, including direct loss, economic loss, loss of profits, loss of winnings, property damage, death or personal injury, consequential or special damage, loss of use and loss of revenue;
(b) liability of any kind whatsoever, compensation, costs, charges, expenses, claims or other obligation, including:
(i) the cost of defending or settling a claim; and
(ii) legal fees on a solicitor-client basis; and which occurs whether it arises:
(c) under contract, tort (including negligence), indemnity or otherwise; and
(d) directly or indirectly.
Lotterywest means Lotteries Commission of Western Australia, trading as Lotterywest ABN 78 531 150 466, 38 Station Street, Subiaco 6008 Western Australia;
Lotterywest App means the Lotterywest mobile application maintained by Lotterywest for purchasing Entries by Lotterywest Platform members;
Lotterywest member means a person who is lawfully entitled and is registered as a Lotterywest member (either a Lotterywest Platform member or an Oz Lotteries Platform member) to purchase a Digital Entry or make registered purchases from a Lotterywest Retailer;
Lotterywest membership means membership as a Lotterywest member (either a Lotterywest Platform member or an Oz Lotteries Platform member) following acceptance of an Application for Registration;
Lotterywest Platform means Lotterywest Play Online, the Lotterywest App and the Self-serve Kiosk;
Lotterywest Platform member means a person who has a membership with Lotterywest to purchase Entries through a Lotterywest Retailer or via the Lotterywest Platform, also known as a Category A member as defined in the Lotterywest Rules;
Lotterywest Player’s Card means a card previously issued by Lotterywest to a person registering them as a Lotterywest subscriber with a player registration service number;
Lotterywest Play Online means the Lotterywest website maintained by Lotterywest for purchasing Entries;
Lotterywest Rules means the Lotteries Commission (Authorised Lotteries) Rules 2016 (WA) (as amended) and such other rules made by Lotterywest for the conduct of public lottery games;
Lotterywest Retailer means a person or entity appointed by Lotterywest to act as its agent to sell and process Entries, pay prizes and provide other lottery services as directed by Us, pursuant to a Lotterywest Retailer Agreement;
Lotterywest Retailer Agreement means the agreement between a Lotterywest Retailer and Us appointing a Lotterywest Retailer to act as Our agent to sell and process Entries, pay prizes and provide other lottery services as directed by Us, incorporating the retailer agreement terms and conditions;
Lotterywest Retail Store means an approved Lotterywest outlet for the sale and processing of Entries, the payment of prizes and the provision of other lottery services as directed by Us;
Lotterywest Website is the Lotterywest website at www.lotterywest.wa.gov.au;
Non-withdrawable balance means money in a Lotterywest member’s E-wallet that can only be withdrawn by contacting Lotterywest or TMS Customer Services and comprises:
(a) money deposited by a Lotterywest Platform member to their E-wallet, via Visa or Mastercard credit card or debit card, and
(b) all money deposited by an Oz Lotteries Platform member to their E-wallet,
Notice means a notice given in accordance with clause 4 of these terms and conditions;
Online means Entries purchased through the Lotterywest Platform or the Oz Lotteries Platform;
Oz Lotteries Platform means the “Lotterywest Powered By Oz Lotteries” website (at www.oz.lotterywest.com) and the “Oz.Lotterywest” mobile application, for purchasing Entries;
Oz Lotteries Platform member means a person who has a membership with Lotterywest to purchase Entries through the Oz Lotteries Platform, also known as a Category B member in the Lotterywest Rules;
Physical Card means a card issued by Lotterywest registering a person as a Lotterywest Platform member with a Lotterywest membership number;
Physical Entry means an Entry purchased from a Lotterywest Retailer at a Lotterwest Retailer terminal, excluding a Digital Entry;
Registration means registration as a Lotterywest member;
Self-exclusion means the election by a Lotterywest member to block themselves from purchasing Digital Entries or (in the case of a Lotterywest Platform member) Entries from a Lotterywest Retailer and Self-exclude and Self-excluded have corresponding meanings;
Self-serve Kiosk means a self-contained processing station at a Lotterywest Retail Store for the viewing or purchasing of Entries;
Spending limit means the maximum amount a Lotterywest member may spend on purchasing Entries in a particular period or per transaction;
Stop Payment means the stopping or cancelling of a payment that has not yet been processed;
Third Party Identity Verification Service Provider means a provider of identification verification services or a ‘credit reporting body’ as defined in the Privacy Act 1988 (Cwth);
TMS means TMS Global Services Pty Ltd, the provider of the Oz Lotteries Platform;
Us, We and Our means Lotterywest;
Virtual Card means a digital representation of a Lotterywest Platform member’s membership card;
Withdrawable balance means money in a Lotterywest member’s E-wallet granted to the Lotterywest member from winnings and any deposits made by a Lotterywest Platform member via BPAY®;
You and Your means the Lotterywest member.
2 Introduction
2.1 Lotterywest is a statutory authority responsible for selling lottery games and distributing the proceeds for the benefit of the Western Australian community. We are the official State lottery for Western Australia.
2.2 You can become a Lotterywest Platform member and purchase Entries from Us through a Lotterywest Retailer, the Lotterywest Website, the Lotterywest App or the Self-serve Kiosk. You can also become an Oz Lotteries Platform member and purchase Entries from Us via the “Lotterywest Powered By Oz Lotteries” website (at www.oz.lotterywest.com) and the “Oz.Lotterywest” mobile application.
2.3 TMS is the provider of the Oz Lotteries Platform to facilitate the purchase of Entries from Us.
2.4 The Lotterywest Rules governing the lottery games conducted by Us are made in accordance with the Act.
2.5 These terms and conditions apply to all aspects of Your transactions and interactions with Us and TMS.
2.6 By making an Application for Registration or making an offer to purchase an Entry, You represent to Us and TMS that You have read, understood and accept that You will be bound by these terms and conditions.
2.7 Registration as a Lotterywest member occurs only when We accept Your Application for Registration.
2.8 A Lotterywest membership entitles You to purchase an Entry that will be registered to Your Account.
2.9 If You require assistance with or explanation of any of these terms and conditions, We advise that You seek expert independent legal advice.
3 Warning, warranty and indemnity
3.1 When You make an Application for Registration and each time You make an offer to purchase an Entry from Us through a Lotterywest Retailer, the Lotterywest Platform or the Oz Lotteries Platform, You warrant to Us and TMS that You are legally entitled to:
(a) make an Application for Registration; and
(b) deposit funds with Us or on the Oz Lotteries Platform through TMS; and
(c) purchase the Entry and to receive winnings from Us; and
(d) further You warrant that all of the above will not in any way violate any applicable laws of Your place of residence or the jurisdiction in which You are located when transacting with Us.
3.2 Whilst You are prohibited by any applicable law from any such activity, We do not agree to:
(a) accept Your Application for Registration; or
(b) accept Your deposit of funds; or
(c) accept Your offer to purchase an Entry; or
(d) pay You any winnings.
In accepting Your Entry, Application for Registration or deposit of funds, or paying You any winnings, We are relying on this warranty.
3.3 When You make an Application for Registration You provide Us and TMS with certain information. It is Your responsibility to inform Us or TMS of any changes to the information You have given Us or TMS.
3.4 We rely on this information You provide to Us or TMS being true and correct and not, by omission or otherwise, misleading or deceptive. If the information is untrue, incorrect, misleading or deceptive in any way, we may do any or all of the following:
(a) cancel Your Registration;
(b) cancel any Entry purchased by You or offers to purchase an Entry from You, and We may retain (or recover from You) the value of that Entry and any winnings paid to You; or
(c) suspend or exclude You from being able to make any further purchases of an Entry.
3.5 By making an Application for Registration, You authorise Us or TMS to make such enquiries at our discretion to verify the personal information provided by You.
4 Our agreement with You and the applicable law
4.1 When You make an Application for Registration, You are making an offer to Us in Western Australia to enter into an agreement with You on these terms and conditions.
4.2 If we accept Your Application for Registration, an agreement between You and Us is formed in Western Australia, based on these terms and conditions and governed by the laws of Western Australia and subject to the exclusive jurisdiction of the courts of Western Australia.
4.3 Every time You offer to purchase an Entry from us through a Lotterywest Retailer, the Lotterywest Platform or the Oz Lotteries Platform, You are making the offer in Western Australia pursuant to these terms and conditions and we are accepting that offer in Western Australia.
4.4 These terms and conditions and our agreement with You may be varied at any time in the following manner:
(a) We will provide a Notice setting out the variation and the date on which it will take effect;
(b) The Notice will be posted by Us on the Lotterywest Platform or the Oz Lotteries Platform; and
(c) You will be deemed to have received the Notice at the time that it is posted on the Lotterywest Website or the Oz Lotteries Platform, whichever comes first.
4.5 When You offer to purchase an Entry from Us through a Lotterywest Retailer, the Lotterywest Platform or the Oz Lotteries Platform after You are deemed to have received a Notice referred to in clause 4.4, You are doing so in accordance with these terms and conditions as varied by the Notice.
4.6 We further reserve the right, without providing a Notice, to amend the Lotterywest Website and the Oz Lotteries Platform pages and other procedures and information on or accessible from the Lotterywest Website and the Oz Lotteries Platform.
5 Responsibility for Your Lotterywest membership Account and security
5.1 You are responsible for all of the obligations arising out of or in relation to Your Registration and Your Lotterywest membership.
5.2 When We accept Your Application for Registration, We or TMS may send You emails or other communications unless You opt out of such communications.
5.3 You must enter Your Login details in order to access Your Account details and offer to purchase a Digital Entry.
5.4 It is Your responsibility to ensure that Your Login details or Your answers to Your security questions for Your Account are not disclosed to any other person and that no other person makes purchases on Your Account. You will be responsible for any use of your Account by any other person and We and TMS expressly disclaim liability (in negligence or howsoever) in this regard.
6 General Registration Information
6.1 To register for Lotterywest membership You must either:
(a) complete and submit the Application for Registration via the Lotterywest Website or the “Lotterywest Powered By Oz Lotteries” website; or
(b) download the Lotterywest App or the “Oz.Lotterywest” App and follow the prompts on the sign up page to register for Your Lotterywest membership.
6.2 You may only make an Application for Registration if:
(a) You are an individual person;
(b) You are at least 16 years of age;
(c) You have a Western Australian residential address;
(d) Where You are applying to be a Lotterywest Platform member on the Lotterywest Platform, You have an email address that is not already registered for a Lotterywest Platform member;
(e) Where You are applying to be an Oz Lotteries Platform member on the Oz Lotteries Platform, You have an email address that is not already registered for an Oz Lotteries Platform member;
(f) Subject to clause 6.3 below, You do not currently have an Account (multiple Lotterywest Platform member Accounts or multiple Oz Lotteries Platform member Accounts for a single individual are not permitted); and
(g) We have not blocked, suspended or cancelled Your Lotterywest membership, Lotterywest Player’s Card or any previous Lotterywest membership.
Information and procedures on proof of identification, age and residence requirements are included on the Lotterywest website at ‘Registration’ and ‘Frequently Asked Questions’ (FAQ).
6.3 You may apply to become a Lotterywest Platform member and an Oz Lotteries Platform member (to enable You to purchase Entries on both the Oz Lotteries Platform and the Lotterywest Platform). We may, in our absolute discretion, register You as both a Lotterywest Platform member and an Oz Lotteries Platform member with separate Accounts.
6.4 Registration for Lotterywest membership is available at no charge.
6.5 Upon Lotterywest acceptance of Your Application for Registration, We or TMS will open an Account for You with an E-wallet in Your name only on either the Lotterywest Platform or the Oz Lotteries Platform (whichever is applicable). You will be able to make deposits into Your E-wallet and purchase an Entry from Us via the Lotterywest Platform or the Oz Lotteries Platform (whichever is applicable) using funds in Your E-wallet via Your Account. We do not guarantee to accept any offers You make to purchase an Entry.
6.6 Registration as a Lotterywest Platform member automatically qualifies You for a Virtual Card. You will receive a Virtual Card by default, which can be accessed via your Account on the Lotterywest App or the Lotterywest Website. If you are a Lotterywest Platform member, You may also request Lotterywest to mail a Physical Card to You by logging on to the Lotterywest Website then go to ‘my account’, select ‘my card’ and follow the prompts to ‘request a Physical Card’. Otherwise, You can contact Customer Service on 133 777 or email hello@lotterywest.wa.gov.au.
6.7 Lotterywest membership is not transferable.
7 Verification of Identification
7.1 We require You to complete identification verification procedures to Our satisfaction in order to verify Your identity, age and place of residence prior to purchasing an Entry or withdrawing any money from Your Account.
7.2 Your identification will be verified through a Third Party Identity Verification Service Provider. You will not be permitted to purchase an Entry or withdraw any money from Your Account until Your identification has been verified to our satisfaction.
7.3 In order to verify Your identity, We or TMS may disclose Your name, residential address and date of birth to a Third Party Identity Verification Service Provider and ask the Third Party Identity Verification Service Provider to provide an assessment of whether the personal information provided matches (in whole or in part) personal information contained in reports in the possession or control of the Third Party Identity Verification Service Provider to assist in verifying Your identity. The Third Party Identity Verification Service Provider may prepare and provide Us or TMS with such an assessment and may use Your personal information including the names, residential addresses and dates of birth contained in reports from the Third Party Identity Verification Service Provider of You and other individuals for the purposes of preparing such an assessment. Any assessment provided by a Third Party Identity Verification Service Provider will only be used by Us or TMS for the purpose of verifying Your identity.
7.4 As part of the Registration process You may be directed to the Third Party Identity Verification Service Provider’s website, where You will be requested to provide information for the verification of Your identity.
7.5 Once the verification process is complete and successful, You will receive an email, to the email address You have provided to Us or TMS, with confirmation of Your Registration or with details of Your temporary password to enable You to login and complete Your Registration. You will have up to 21 days to complete Your Registration after which Your Registration will be cancelled.
8 Depositing Funds into Your Lotterywest membership Account
8.1 A Lotterywest Platform member and an Oz Lotteries Platform member can deposit funds into their E-wallet by using BPAY® (using funds from a transaction account at an authorised deposit taking institution) or by depositing funds directly into their E-wallet using a Visa or Mastercard or debit card. In addition, an Oz Lotteries Platform member can also deposit funds into their E-wallet by using Electronic Funds Transfer and Paypal.
8.2 Some financial institutions may treat funds transferred from a credit card as a cash advance and charge interest and/or fees from the time of transfer. It is Your responsibility to check with Your financial institution to clarify how they deal with credit card transfers of funds to your E-wallet.
8.3 Minimum and maximum deposit limits for Your E-wallet and E-wallet balance limits apply:
Lotterywest Platform
On the Lotterywest Platform, the permitted minimum deposit to Your E-wallet is $10. The permitted maximum deposit to Your E-wallet, per deposit, is $500. The maximum amount of funds that can be held in Your E-wallet is $5,000. If Your E-wallet balance exceeds $5,000 You will not be able to purchase an Entry until Your balance is reduced to $5,000 or less.
Oz Lotteries Platform
On the Oz Lotteries Platform, the permitted minimum deposit to Your E-wallet is $5. However, a deposit less than $5 may be permitted if the deposit is made to complete a current transaction to purchase an Entry. Further deposits can be made in increments of $5 up to a permitted maximum of $5,000. If Your E-wallet balance exceeds $5,000 Your balance must be reduced to $5,000 or less (which You may do in the purchase of an Entry or the transfer of funds).
8.4 Interest is not paid on funds or prizes held in Your E-wallet.
8.5 Deposits to your E-wallet cannot be made through a Lotterywest Retailer.
8.6 No credit is available on Your Account and E-wallet. It is Your responsibility to ensure that there are sufficient cleared funds in Your E-wallet in advance to cover all of Your transactions.
9 Purchasing a Physical Entry
9.1 If You are an Oz Lotteries Platform member You cannot purchase a Physical Entry with Your Lotterywest membership.
9.2 If You are a Lotterywest Platform member, the following conditions apply to purchase a Physical Entry using Your Lotterywest membership:
(a) The Lotterywest Platform member must present their Physical Card or Virtual Card to a Lotterywest Retailer to purchase or cancel an Entry;
(b) On receipt by Us of Your offer to purchase an Entry, the Lotterywest gaming system will process Your offer and, where possible, We may accept Your offer to purchase an Entry. If We confirm acceptance of Your offer, We will provide You with relevant details relating to the Entry; and
(c) Clauses 10.5 and 10.6 apply.
9.3 A Lotterywest Platform member:
(a) cannot set their own Spending limit for the purchase of Physical Entries; and
(b) must comply with the Lotterywest Spending limit of $100,000 per transaction for the purchase of Physical Entries.
10 Purchasing a Digital Entry
10.1 The following conditions apply to purchasing a Digital Entry using Your Lotterywest membership:
(a) There must be sufficient funds in Your E-wallet to enable purchase of the Entry;
(b) The purchase must not result in the total of the purchases made by You in any seven (7) consecutive day period exceeding $500 via Online purchases from Your Lotterywest Platform Account;
(c) The purchase must not result in the total of the purchases made by You in any seven (7) consecutive day period exceeding $500 via Online purchases from Your Oz Lotteries Platform Account;
(d) The purchase must not result in the total of the purchases made by You in any seven (7) consecutive day period exceeding $5,000 via Self-serve Kiosk purchases;
(e) You must not be Self-excluded; and
(f) Your Account must not be suspended, blocked or closed.
10.2 When You click on the “Purchase” button on the Lotterywest Platform or the “Checkout” button on the Oz Lotteries Platform (or the equivalently titled icon/button), You are offering to purchase the Entry selected and You give Us or TMS the authority to debit Your E-wallet with the cost of the Entry.
10.3 When purchasing a Digital Entry from Your Account , the order in which funds will be drawn from Your E-wallet to pay for the Entry will be:
(a) Non-withdrawable balance; then
(b) Withdrawable balance.
10.4 On receipt by Us of Your offer to purchase an Entry, the Lotterywest gaming system will process Your offer and, where possible, We may accept Your offer to purchase an Entry. If We confirm acceptance of Your offer, We or TMS will provide You with relevant details relating to the Entry through either the Lotterywest Platform or the Oz Lotteries Platform (whichever is relevant to the purchase).
10.5 Offers from You to purchase an Entry must be received by the Lotterywest gaming system prior to the Deadline. We may, in our absolute discretion, decline an offer to purchase an Entry if it is received by the Lotterywest gaming system after the Deadline.
10.6 Neither Lotterywest nor TMS shall be liable (in negligence or howsever) for loss of any nature (including loss of chance) that results from a delay;
(a) In transferring funds from an authorised financial institution account to an E-wallet; or
(b) In processing the purchase of an Entry; or
(c) In transferring funds from an E-wallet to an authorised financial institution account.
10.7 When purchasing an Entry via the Oz Lotteries Platform, the purchase of the Entry is directly from Lotterywest.
10.8 If the Oz Lotteries Platform or the Lotterywest Platform experience any form of malfunction or delay:
(a) during the receipt of an offer by You to purchase an Entry;
(b) during the process where Your offer to purchase an Entry is transmitted to the Lotterywest gaming system; or
(c) during the confirmation of acceptance of Your purchase of an Entry, and
We or TMS are unable to recover or verify the status of that purchase during data recovery, then such unfinished or interrupted purchase will be deemed void and not to have been placed. Any necessary adjustments will be made to Your Account. We and TMS may refuse to honour any purchase if We or TMS reasonably suspect or know that the Oz Lotteries Platform or the Lotterywest Platform failed to function in the manner in which it was designed and programmed to function.
10.9 An Entry is not deemed to have been successfully purchased unless and until the Entry is confirmed by Us and is visible in Your Account as a valid Entry.
10.10 It is Your responsibility to satisfy Yourself before purchasing an Entry that all the details of the Entry shown on the relevant screen of the Lotterywest Platform or the Oz Lotteries Platform are correct. You cannot cancel Your own Digital Entry after You have completed Your offer to purchase the Digital Entry.
10.11 Lotterywest and TMS will use reasonable endeavours to ensure (but do not guarantee) that Lotterywest members can purchase a Digital Entry 24 hours a day, 7 days a week.
10.12 Lotterywest Platform members will only be able to purchase an Entry via the Self-serve Kiosk using their Lotterywest membership when the Self-serve Kiosk is in operation, regardless of the Lotterywest Retail Store operating or trading hours.
10.13 In the event that You initiate offers to purchase an Entry from one of the European Union (EU) member states:
(a) the EU General Data Protection Regulation (GDPR) may apply to those transactions;
(b) We and TMS process Your personal information both as a Processor and as a Controller as defined in the GDPR;
(c) Subject to legal constraints, including obligations under Western Australian legislation, Your principal rights under the GDPR are the rights:
i. to be informed;
ii. to access;
iii. to rectification;
iv. to erasure;
v. to restrict processing;
vi. to object to processing;
vii. to data portability;
viii. to not be subject to automated decision making.
10A Autoplay
10A.1 The following clauses apply where the Autoplay function is offered by Us or TMS.
10A.2 Once You have purchased an Autoplay Entry, the Autoplay Entry continues automatically until cancelled by You, or your E-wallet has insufficient funds to complete the purchase of the Autoplay Entry.
10A.3 Any increase or decrease to Entry prices will apply to Your Autoplay Entries. Your E-wallet will be charged the new price from the date of increase or decrease specified by Us.
10A.4 You may cancel your Autoplay Entry at any time by notifying Us or TMS.
10A.5 Where You have purchased an Autoplay Entry, You acknowledge that Your consent to processing Your personal information applies to each Autoplay Entry.
10A.6 Where You had Autoplay selections on the Oz Lotteries website or mobile application and You have been accepted as an Oz Lotteries Platform member, those Autoplay selections will automatically transfer to your Oz Lotteries Platform Account.
11 Prizes
11.1 We or TMS will send an email to Your nominated email address if You win a prize (other than a Division 1 prize) where:
(a) if you are a Lotterywest Platform member, the prize is equal to or over $50.00;
(b) if you are an Oz Lotteries Platform member, for any prize amount.
11.2 All prizes relating to Digital Entries, other than Division 1 prizes, will be credited to Your E-wallet within 24 hours of the dividends being released for that draw in which the prize was won.
11.3 Prizes won from Digital Entries cannot be claimed from a Lotterywest Retailer.
11.4 Division 1 prizes are subject to provisional payout periods, validation periods and claim procedures as set out in the Lotterywest Rules.
11.5 If You are a Lotterywest Platform member, prizes won via Entries (other than Digital Entries) purchased from a Lotterywest Retailer via a terminal using a Lotterywest membership can be claimed from a Lotterywest Retailer within 35 days from the draw date. If the prize is not claimed within 35 days from the draw date, We will automatically pay the prize into Your E-wallet, or if You have specified an authorised financial institution account for automatic payment, to that account.
11.6 Prize payments may be delayed during public holidays.
11.7 We and TMS reserve the right to reverse or place a Stop Payment on any payment that is issued to You or to temporarily block Your Lotterywest membership if we consider that payment or continuance of Your Lotterywest membership is illegal or constitutes an offence.
11.8 We and TMS further reserve the right to withhold payment of any nature and to void all winnings on an Entry if the Lotterywest member registration details are false or misleading.
11.9 We may publish the name and address of any Lotterywest member who wins a prize unless the Lotterywest member informs Us in writing that their name and address may not be published.
11.10 Notwithstanding anything in these terms and conditions, if We or TMS pay a prize to Your E-wallet by mistake, You will promptly reimburse Us the amount of the prize upon demand. We or TMS will notify You as soon as possible upon becoming aware of any error in the payment of a prize.
12 Withdrawing funds from Your E-wallet
12.1 Lotterywest Platform
You can make withdrawals from Your Withdrawable balance in Your Lotterywest Platform E-wallet to Your nominated financial institution transaction account. You can withdraw the full amount available in Your Withdrawable balance but the permitted minimum withdrawal limit is $10.Transfer of funds may take up to 3 working days.
Oz Lotteries Platform
You can make withdrawals from Your Withdrawable balance in Your Oz Lotteries Platform E-wallet to Your nominated financial institution transaction account. You can withdraw the full amount available in Your Withdrawable balance.Transfer of funds may take up to 3 working days.
12.2 You cannot withdraw funds from the Non-withdrawable balance in Your E-wallet without contacting Lotterywest or TMS Customer Services. Such funds can only be refunded via the payment method that was used to make the deposit. Cutomer Services contact details are available on the Lotterywest Website or the Oz Lotteries Platform.
12.3 Prizes or funds withdrawn from Your E-wallet Withdrawable balance cannot be transferred to a credit card. They must be transferred to a transaction account at an authorised financial institution in your name.
13 Suspension or closure of Your Lotterywest membership Account
13.1 We may suspend or close Your Account at any time without notice and without giving You any reason.
13.2 If Your Account is closed, We or TMS will remit to You any amount payable by law.
13.3 Except as otherwise stated in these terms and conditions, in the event of death, the balance of Your Account will automatically form part of Your deceased estate. Claimants will be required to supply proof of entitlement in a form acceptable to Us.
13.4 You may close Your Account at any time, provided that all lottery draws in which You have purchased an Entry with your Lotterywest membership have taken place and Your E-wallet balance is reduced to zero (0).
13.5 If You have funds remaining in Your Non-withdrawable balance in Your E-wallet, and You wish to close Your Account, You will need to contact Lotterywest or TMS Customer Services. Contact details are available on the Lotterywest Website or the Oz Lotteries Platform.
14 Responsible gaming and self-exclusion
14.1 Lotterywest is committed to responsible gaming and provides an online link to Problem Gambling Helpline information from the Lotterywest Website. Contact details are available by clicking on the ‘Play Responsibly’ link on the Lotterywest Website.
14.2 You may request to be excluded or blocked from purchasing an Entry at any time by completing and submitting a request to Self-exclude. If You are both a Lotterywest Platform member and an Oz Lotteries Platform member, any request to Self-Exclude from one platform will automatically Self-Exclude You on both the Lotterywest Platform and the Oz Lotteries Platform.
14.3 To submit a request to Self-Exclude on the Lotterywest Platform, You must access the ‘My Account’ section, under ‘Manage Account’ on the Lotterywest Website upon login. To submit a request to Self-Exclude on the Oz Lotteries Platform, You must send a request either via:
- email to support@oz.lotterywest.com ;
- telephone on 1300 564 047 or 08 6313 3779; or
- web live chat on www.oz.lotterywest.com.
14.4 Once Self-exclusion procedures have been completed and accepted by Us, a Self-excluded Lotterywest Platform member will not be able to purchase a Digital Entry or an Entry from a Lotterywest Retailer using Your Lotterywest membership for the duration of the nominated Self-exclusion period. A Self-excluded Oz Lotteries Platform member will not be able to purchase a Digital Entry using Your Lotterywest membership unless and until the Self-exclusion is officially revoked.
14.5 Revocation of Self-exclusion prior to the end of the nominated Self-exclusion period for a Self-excluded Lotterywest Platform member, or at any time in the case of a Self-excluded Oz Lotteries Platform member, is at the absolute and sole discretion of Us. In cases where We revoke Self-exclusion prior to the end of a nominated Self-exclusion period, You agree that We are entitled to place additional conditions on You if we deem it in the interests of gambling safety, as part of the revocation process.
14.6 We may in our absolute discretion permanently exclude You from purchasing an Entry in which case We or TMS will remit the balance of Your E-wallet to Your nominated financial institution account, and terminate or block Your Account.
14.7 Spending limits apply to Your Lotterywest membership. You may set Your own Spending limit for purchases of Entries, provided that Your Spending limit is under the Lotterywest Spending limit set out in clause 10.1. You can set Your Spending limit on the Lotterywest Platform via the ‘My Account’ section, under ‘Financial’ on the Lotterywest Website. You can set Your Spending limit on the Oz Lotteries Platform via the ‘My Funds Spend Limits’ section in Your Account.
14.8 If You are both a Lotterywest Platform member and an Oz Lotteries Platform member, You may set different Spending limits for each of Your Accounts (subject to clause 14.7 and 10.1). If You set a Spending limit for one of Your Accounts, it will not automatically apply to Your other Account and You will need to set the Spending Limit separately for each Account.
15 Legal proceedings and Western Australian jurisdiction
15.1 You submit to the exclusive jurisdiction of the courts of Western Australia.
15.2 You agree not to seek to stay or terminate any proceedings brought in Western Australia on the grounds that the forum is not convenient or is less appropriate than some other forum.
15.3 You agree not to challenge any application made by Us to stay any proceedings brought in any other jurisdiction.
16 Privacy policy – use of personal information
16.1 We and TMS collect information about You from the Application for Registration and from Your transactions. This information may include Your name, contact details, date of birth, identification details and details relating to Your transactions and use of the Lotterywest Platform or the Oz Lotteries Platform. We and TMS collect this information for the purposes of assessing and processing Applications for Registration, for general administration purposes, for carrying out marketing, market research, research, planning, product development, and administration of Your Account.
16.2 By becoming a Lotterywest member You consent to Us or TMS contacting You by email, SMS or other means of electronic communication to provide You with information about upcoming events, promotions, new products and services and other similar opportunities.
16.3 You have the right to opt out of receiving marketing communications from Us or TMS.
16.4 You will usually be entitled to gain access to information which We or TMS hold about You, except in certain circumstances specified by law. If You wish to gain access to such information You can contact Us. We may charge a fee for providing You with access to Your personal information.
16.5 If You do not provide all of the information requested in the Application for Registration, except for those marked “optional”, We cannot process the Application for Registration.
16.6 We or TMS may report any suspicious activity with Your Account to relevant authorities without notice to You.
16.7 All records of information collected on the Lotterywest Platform and the Oz Lotteries Platform shall become and remain Lotterywest property.
16.8 We and TMS use analytical tools to help track links You visit before, during and after the Lotterywest Platform and the Oz Lotteries Platform as well as overall activity on the Lotterywest Platform and the Oz Lotteries Platform. We and TMS use this information to change or improve the Lotterywest Platform and the Oz Lotteries Platform and Your experience on the Lotterywest Platform and the Oz Lotteries Platform.
16.9 TMS is bound by and complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).
17 Privacy policy – disclosure of personal information to third parties
17.1 We and TMS are committed to protecting Your personal information at all times. This means any information We or TMS collect from You is securely transmitted and stored. We and TMS will comply with the Privacy Policy on the Lotterywest Platform and the Oz Lotteries Platform.
17.2 You authorise Us and TMS to disclose the information provided by You to Us or TMS in Your Application for Registration or subsequent hereto, to relevant financial institutions, Third Party Identity Verification Service Providers and our agents, contractors and sub-contractors for the purpose of validating and obtaining authorisation for any deposits made by You, validating Your identity and for marketing, market research, research, planning and product development.
17.3 We and TMS are not liable for any breach of the Privacy Act or use or misuse of a Lotterywest member’s personal information by relevant financial institutions, Third Party Identity Verification Service Providers, Lotterywest agents and sub-contractors, or any other person to whom personal information is sent.
17.4 We and TMS will also disclose Your personal information if required to do so by law or by any State or Commonwealth Government agency or department.
18 Security Policy
18.1 We and TMS value the security of Your information. We and TMS take numerous steps and precautions to ensure the security and privacy of Your information.
18.2 Lotterywest membership systems are designed and operated at high levels of security.
18.3 We use Extended Validation (EV) SSL, the highest standard in the internet security industry for website authentication, on the Lotterywesty Platform, and TMS uses SSL on the Oz Lotteries Platform, to secure Your online transactions with Us and TMS.
18.4 We and TMS will not access Your credit card details. Your credit card details will not be part of our operational system. All credit card transactions are processed via secure gateways.
19 General
19.1 A decision or determination of Lotterywest in relation to a draw or Entry and the declaration and payment of prizes under these terms and conditions and the Lotterywest Rules is final and binding on Lotterywest members.
19.2 We own or are licensed to use the copyright in all of the content on the Lotterywest Platform and the Oz Lotteries Platform and by accessing the Lotterywest Platform or the Oz Lotteries Platform, downloading lottery results or purchasing a Digital Entry, You acknowledge our ownership and license.
19.3 No content on the Lotterywest Platform or the Oz Lotteries Platform may be reproduced without Lotterywest’s prior written consent and You agree that You will not interfere with or modify the Lotterywest Platform or the Oz Lotteries Platform or create other material from the Lotterywest Platform or the Oz Lotteries Platform.
19.4 While considerable care has been taken in compiling and updating content on the Lotterywest Platform and the Oz Lotteries Platform, We and TMS do not guarantee accuracy of such content.
19.5 The Lotterywest Platform and the Oz Lotteries Platform may contain links to other sites not operated by Us or TMS. We and TMS do not control those sites and are not responsible for their content. Such links do not indicate Lotterywest or TMS endorsement or support of any goods, services or content on those sites and We and TMS will not be liable (in negligence or howsoever) to any person for any goods, services or content which may be purchased or accessed through links to the Lotterywest Platform or the Oz Lotteries Platform where supplied by Us or TMS.
19.6 We and TMS cannot and do not guarantee that files available for downloading from the Lotterywest Platform or the Oz Lotteries Platform will be free of viruses and/or codes that may corrupt or destruct properties. Lotterywest members are responsible for implementing virus checking and other processes to prevent any such corruption or destruction. Files are downloaded and used by Lotterywest members at their own risk.
19.7 We and TMS do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of internet technologies in relation to the Lotterywest Platform or the Oz Lotteries Platform.
19.8 To the extent permitted by law, Lotterywest, the State of Western Australia and TMS and their respective officers, members, employees, agents, and contractors (each an “indemnified party”) shall not be liable for, and You release and indemnify each indemnified party from and against any and all Loss which any indemnified party may suffer or incur whether directly or indirectly, arising from or in connection with Your Lotterywest membership, Your purchase or attempted purchase of an Entry, the failure by any indemnified party to give effect to any offer by You to purchase an Entry, the use by You or any inability to use the Lotterywest Platform or the Oz Lotteries Platform or any other website which Lotterywest owns, any breach of these terms and conditions or Your act or omission, including negligence, unlawful conduct or wilful misconduct.
19.9 We may at any time and without notice to You assign any or all of our rights and duties under these terms and conditions and our agreement with You. Your Registration is personal to You, and You may not transfer, assign or otherwise deal with Your rights and obligations under these terms and conditions and our agreement with You.
20 Lotterywest Player’s Card
20.1 Holders of a Lotterywest Player’s Card may upgrade to become a Lotterywest Platform member by following the links on the Lotterywest Website. Following successful verification by Lotterywest as a Lotterywest member, that Lotterywest Player’s Card will expire. Any other Lotterywest Player’s Cards held by the person may be used pursuant to clause 20.2 until cancelled under these terms and conditions.
20.2 Until such date as notified by Lotterywest, or the holder of a Lotterywest Player’s Card upgrades to become a Lotterywest Platform member, whichever occurs earlier, the holder of a Lotterywest Player’s Card may
(a) continue to purchase Entries, other than Digital Entries;
(b) store 20 sets of favourite numbers per lottery game except Super66; and
(c) enjoy prize protection provided under the Lotterywest Player’s Card.
20.3 A person will not be able to purchase a Digital Entry via the Self-serve Kiosk with a Lotterywest Player’s Card.
20.4 Upon upgrade to a Lotterywest membership from a Lotterywest Player’s Card, You acknowledge and accept that these terms and conditions apply to Your Lotterywest membership.
21 Lotterywest Rules
21.1 The rules governing each lottery in which Lotterywest members can purchase an Entry through their Lotterywest membership are contained in the Lotterywest Rules which are made under the Act. Links to the Lotterywest rules are provided on the Lotterywest Platform and the Oz Lotteries Platform.
21.2 To the extent of any inconsistency between these terms and conditions and the Lotterywest Rules or the Act, the Lotterywest Rules and the Act will prevail.