Lotterywest Membership Terms and Conditions

These Terms and Conditions were amended on, and are effective from, 29 March 2023.

(a) Part A of these terms and conditions sets out the different types of Lotterywest Members and general terms and conditions that apply to all Lotterywest Members (ie, Lotterywest Platform Members, Oz Lotteries Platform Members and Player’s Card Members).

(b) Part B sets out the additional general terms and conditions that apply to Lotterywest Members using Digital Channels.

(c) Part C of these terms and conditions sets out the additional terms and conditions that apply to Lotterywest Platform Members.

(d) Part D of these terms and conditions sets out the additional terms and conditions that apply to Oz Lotteries Platform Members.

(e) Part E of these terms and conditions sets out the additional terms and conditions that apply to Player’s Card Members. Unless specified, Parts B, C and D of these terms and conditions do not apply to Player’s Card Members.

(f) If there is an inconsistency between Parts A and B (General Terms and Conditions) and any of the terms and conditions contained in Parts C, D and E, the terms and conditions in Parts C, D and E will prevail to the extent of any such inconsistency.

Part A – Definitions and General Terms and Conditions

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;

Biometric identifier the unique fingerprint authentication or facial recognition registered on a Digital Member’s device or any other means by which a Mobile Device manufacturer allows a user to authenticate their identity;

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 either of Our Digital Channels;

Digital Channel means the Lotterywest Platform or the Oz Lotteries Platform;

Digital Member means a Lotterywest Platform Member or an Oz Lotteries Platform Member;

Digital Entry means an Entry via a Digital Channel;

Entry means an entry or entries into lottery games conducted by Lotterywest pursuant to the Act;

E-wallet means a Digital Member’s individual electronic wallet for the storage of funds for, and winnings from, Entries, stored within their Account on a Digital Channel;

Login details means a Digital Member’s username, password and personal identification number (PIN) or Biometric identifier;

Loss means:

(a) damage or loss, including direct loss, economic loss, loss of profits, loss of winnings, property damage, death or personal injury, consequential, indirect 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 or on account of contract, tort (including negligence), indemnity or otherwise; and
(d) directly or indirectly.

Lotterywest means Lotteries Commission, 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 Digital Entries by Lotterywest Platform Members;

Lotterywest Member means a person who is lawfully entitled and is registered as:

(a) a Lotterywest Platform member to purchase a Digital Entry through the Lotterywest Platform or make a registered purchase from a Lotterywest Retailer; or

(b) and Oz Lotteries Platform Member to purchase a Digital Entry through the Oz Lotteries Platform; or

(c) a Player's Card Member to purchase an Entry from a Lotterywest Retailer;

Lotterywest Membership means membership as a Lotterywest member (either Digital Member or an Player's Card Member);

Lotterywest Platform means Lotterywest Play Online and the Lotterywest App;

Lotterywest Platform Member means a person who has a membership with Lotterywest (excluding a Player's Card Member) 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 Play Online means the Lotterywest website maintained by Lotterywest for purchasing Digital 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 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;

Mobile Device means any mobile device, including, but not limited to, smartphones, tablets, smartwatches or other wearables;

Non-withdrawable balance means money in a Digital 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, or via PayPal; and

(b) all money deposited by an Oz Lotteries Platform Member to their E-wallet,

Notice means a notice given in accordance with clause 5 of these terms and conditions;

Oz Lotteries Platform means the “Lotterywest Powered By Oz Lotteries” website (at www.oz.lotterywest.com) and the “Oz.Lotterywest” mobile application, for purchasing Digital Entries;

Oz Lotteries Platform Member means a person who has a membership with Lotterywest to purchase Digital 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 or Player's Card 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;

PIN means personal identification number;

Player's Card means a card previously issued by Lotterywest to a person registering them as a Player's Card Member with a player registration service number;

Player's Card Member means a person who was previously registered by Lotterywest with a Player's Card and Player's Card Membership has a corresponding meaning;

Registration means registration as a Lotterywest member;

Self-exclusion means the election by a Lotterywest member to block themselves from purchasing Entries and Self-exclude and Self-excluded have corresponding meanings;

Spending limit means the maximum amount a Digital Member may spend on purchasing Digital Entries in a particular period or per transaction;

State means the State of Western Australia;

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 Digital Member's E-wallet granted to the Digital Member from winnings and any deposits made by a Lotterywest Platform Member via BPAY®;

Working day means any day which is not a Saturday, Sunday or public holiday in Perth, Western Australia;

You and Your means the Lotterywest Member.

2 Background

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 Types of Membership

(a) A Lotterywest Member is a Lotterywest Platform Member, an Oz Lotteries Platform Member or a Player’s Card Member.

(b) A Lotterywest Platform Member can purchase Entries from Us through a Lotterywest Retailer, the Lotterywest Website or the Lotterywest App.

(c) An Oz Lotteries Platform Member can purchase Entries from Us via the “Lotterywest Powered By Oz Lotteries” website (at www.oz.lotterywest.com) and the “Oz.Lotterywest” mobile application.

(d) A Player’s Card Member can purchase Entries from Us through a Lotterywest
Retailer.

2.3 TMS is the provider of the Oz Lotteries Platform to facilitate the purchase of Entries from Us.

2.4 Lotterywest Membership is not transferable.

2.5 You are responsible for all of the obligations arising out of or in relation to Your Registration and Your Lotterywest Membership.

3 Indemnity and Liability

3.1 To the extent permitted by law, Lotterywest, the State and TMS and their respective officers, members, employees, agents and contractors, shall not be liable to You for any Loss which You may suffer or incur whether directly or indirectly, arising from or in connection with:

(a) Your Lotterywest Membership;

(b) Your purchase or attempted purchase of an Entry;

(c) the failure by Lotterywest, its agents or TMS to give effect to any offer by You to purchase an Entry;

(d) the use by You or any inability to use or access Our Digital Channels, Your Account, any other website which Lotterywest owns or controls or any Lotterywest Retailer terminals;

(e) any content within Our Digital Channels;

(f) any errors or omissions in Our Digital Channels or Lotterywest Retailer terminals; or

(g) any delays in operation or transmission or communication line failures of Our Digital Channels or Lotterywest Retailer terminals.

3.2 To the extent permitted by law, You agree to indemnify Lotterywest, the State and TMS and their respective officers, members, employees, agents and contractors (each an “Indemnified Party”), from and against any Loss an Indemnified Party may suffer or incur whether directly or indirectly, arising from or in connection with:

(a) Your use of Our Digital Channels, any content within Our Digital Channels or any of Your interactions with a Lotterywest Retailer; or

(b) any breach by You of these terms and conditions (or any negligent or wrongful act, omission, or conduct by You or any other person accessing Our Digital Channels), except for any Loss which results directly from an Indemnified Party’s negligence or wilful misconduct.

4 Warning and warranty

4.1 When You make an Application for Registration and each time You make an offer to
purchase an Entry from Us through a Lotterywest Retailer or Our Digital Channels, 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 receive winnings from Us.

You also 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.
In accepting Your offer to purchase an Entry, Application for Registration or deposit of funds, or paying You any winnings, We are relying on the above warranties.

4.2 While considerable care has been taken in compiling and updating content on Our Digital Channels and Lotterywest Website, We and TMS do not guarantee accuracy of such content.

4.3 Our Digital Channels and Lotterywest Website 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 from Our Digital Channels or Lotterywest Website.

4.4 We and TMS cannot and do not guarantee that files available for downloading from Our Digital Channels or Lotterywest Website 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.

4.5 We and TMS do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of technologies in relation to Our Digital Channels, Lotterywest Website or at Our Lotterywest Retail Stores. We may from time-to-time close or limit access to Our Digital Channels, Your Accounts, the Lotterywest Website or Lotterywest Retail Stores for various reasons including, for example, scheduled downtime or as part of Our continuous security monitoring controls.

5 Our agreement with You, the applicable law and variation of these terms and conditions

5.1 These terms and conditions apply to all aspects of Your transactions and interactions with Us and TMS.

5.2 Every time You offer to purchase an Entry from us through a Lotterywest Retailer or Our Digital Channels, You are making the offer in Western Australia pursuant to these terms and conditions and We are accepting that offer in Western Australia.

5.3 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.

5.4 These terms and conditions may be varied at any time by Our choice of providing at least one of the following Notices:

(a) by Notice posted by Us on Our Digital Channels or Lotterywest Website;

(b) by mail Notice sent to an address provided to Us by You;

(c) by email Notice sent to the email address provided to Us by You; or

(d) by Notice displayed at a Lotterywest Retail Store.

5.5 The Notice will specify the date of commencement of the change to these terms and conditions.

5.6 You will be deemed to have received the Notice:

(a) at the time that it is posted on Our Digital Channels or Lotterywest Website;

(b) at the time it is displayed at a Lotterywest Retail Store;

(c) within 5 Business Days of the Notice being sent by post; or

(d) 24 hours of the Notice being sent by email, whichever occurs first.

5.7 When You offer to purchase an Entry from Us through a Lotterywest Retailer or Our Digital Channels after You are deemed to have received a Notice referred to in clause

5.4, You are doing so in accordance with these terms and conditions as varied by the Notice.

5.8 We further reserve the right, without providing a Notice, to amend Our Digital Channels’ pages and other procedures and information on or accessible from Our Digital Channels.

6 Application for Registration

6.1 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.

6.2 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.

6.3 You may only make a new 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) You have a valid email address;

(e) Subject to clause 15.3 below, You are not currently a Digital Member (multiple Lotterywest Platform Member Accounts or multiple Oz Lotteries Platform Member Accounts for a single individual are not permitted); and

(f) We have not blocked, suspended or cancelled Your current Lotterywest Membership, or any previous Lotterywest Membership.

6.4 Information and procedures on proof of identification, age and residence requirements are included on the Lotterywest website at ‘Registration’ and ‘Frequently Asked Questions’ (FAQ).

6.5 When You make an Application for Registration, You provide Us or 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.

6.6 If You do not provide all of the information requested in the Application for Registration, except where marked “optional”, We cannot process the Application for Registration.

6.7 We rely on this information You provide to Us or TMS being true and correct. 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.

6.8 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 or to obtain Your current contact details.

6.9 Whilst You are prohibited by any applicable law from any such activity, We will not:

(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.

6.10 Registration for Lotterywest Membership is available at no charge.

6.11 See Parts B, C, D and E of these terms and conditions for additional Application for Registration details.

7 Prizes

7.1 Division 1 prizes are subject to provisional payout periods, validation periods and claim procedures as set out in the Lotterywest Rules.

7.2 Prize payments may be delayed during public holidays.

7.3 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 or We reasonably believe that Your Entry is the result of an incorrect, fraudulent or unauthorised transaction.

7.4 We and TMS further reserve the right to withhold payment of any nature and to void all prizes on an Entry if the Lotterywest Member registration details are false or misleading, We reasonably believe that Your Entry is the result of an incorrect, fraudulent or unauthorised transaction, or there are any issues relating to the validity of the relevant draw.

7.5 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.

7.6 See Parts B, C, D and E of these terms and conditions for additional prize details.

8 Suspension or closure of Your Lotterywest Membership or Account

8.1 We may suspend or close Your Account or Lotterywest Membership at any time without notice and without giving You any reason. This includes, but is not limited to, where:

(a) You have not used Your Lotterywest Membership for 12 months or more;

(b) We reasonably believe that You have more than one Lotterywest Membership in contravention of these terms and conditions;

(c) You have committed a breach of these terms and conditions; or

(d) You act in a manner that, in Our view, poses a material risk to Us.

8.2 If We suspend or close Your Lotterywest Membership, We will make reasonable efforts to notify You via Your last known email address or the Lotterywest Website, and provide Our reasons for suspending or closing Your Lotterywest Membership.

8.3 See Part B of these terms and conditions for additional Account details.

9 Legal proceedings and Western Australian jurisdiction

9.1 You submit to the exclusive jurisdiction of the courts of Western Australia.

9.2 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.

9.3 You agree not to challenge any application made by Us to stay any proceedings brought in any other jurisdiction.

10 Privacy policy - use of personal information

10.1 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 Our Digital Channels. We and TMS collect this information for the purposes of assessing and processing Applications for Registration (including verifying Your identity), for general administration purposes, for carrying out marketing (including via social media), market research, research, planning, product development, and administration of Your Account.

10.2 By becoming a Lotterywest Member You consent to Us or TMS (or another entity on behalf of Us or TMS, including a marketing or social media provider) contacting You by post, email, SMS, social media or other means of electronic communication to provide You with information about Your Lotterywest Membership, Your Account, prizes, upcoming games and events, promotions, new products and services and to undertake market research.

10.3 If You wish to opt out of receiving marketing communications, You can unsubscribe by:

(a) logging into Your Account and selecting “My Account” or “Edit My Account”, or by contacting Lotterywest Customer Services on 133 777 or email [email protected] (for Lotterywest Platform or Player’s Card Members); or

(b) by contacting 1300 564 047 or visiting https://www.oz.lotterywest.com/about/contact-us (for Oz Lotteries Platform Members). If You do not opt out, We and TMS (or an entity on behalf of Us or TMS, including a social media provider) may send You marketing communications, including via social media.

10.4 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.

10.5 We or TMS may report any suspicious activity with Your Account or Lotterywest Membership to relevant authorities without notice to You.

10.6 All records of information collected on Our Digital Channels or via social media shall become and remain Lotterywest property.

10.7 We, TMS and Our marketing and social media providers use analytical tools to help track links You visit before, during and after visiting Our Digital Channels and social media platforms as well as overall activity on Our Digital Channels. We and TMS use this information to undertake research and marketing activities (including via social media), to change or improve Our Digital Channels and Your experience on Our Digital Channels.

10.8 TMS is bound by and complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

11 Privacy policy - disclosure of personal information to third parties

11.1 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 Lotterywest Privacy Policy available on the Lotterywest Website.

11.2 You authorise Us and TMS to disclose Your information provided by You to Us or TMS or collected by Us, TMS or Our marketing and social media providers, to relevant financial institutions, Third Party Identity Verification Service Providers, marketing agencies, media providers (including social media providers) and our agents, contractors and service providers for the purpose of validating and obtaining authorisation for any deposits made by You, validating Your identity or personal details, managing and operating Our business and for marketing to You (including via social media), market research (including research, planning and product development).

11.3 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, contractors, service providers, marketing and social media providers or any other person to whom personal information is sent.

11.4 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.

12 Security Policy

12.1 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.

12.2 Lotterywest Membership systems are designed and operated at high levels of security.

12.3 We use Extended Validation (EV) SSL, the highest standard in the internet security industry for website authentication, on the Lotterywest Platform, and TMS uses SSL on the Oz Lotteries Platform, to secure Your online transactions with Us and TMS.

12.4 We and TMS will not store 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.

13 General

13.1 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.

13.2 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.

14 Lotterywest Rules

14.1 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 Our Digital Channels and on the Lotterywest Website.

14.2 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.

Part B – General Terms and Conditions for all Digital Members for Digital Channels

15 General Registration Information for Digital Members

15.1 You will only be able to offer to purchase Digital Entries using Our Digital Channels if You have made, and We have accepted, an Application for Registration as a Digital Member.

15.2 Registration as a Digital Member:

(a) occurs only when We accept Your Application for Registration; and

(b) entitles You to purchase an Entry that will be registered to Your Account.

15.3 You may apply to become both 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.

15.4 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.

15.5 See Parts C and D of these terms and conditions for additional registration details.

16 Responsibility for Your Account and security

16.1 When You apply for Registration, You will be required to nominate Your Login details and provide other verification information.

16.2 You must enter Your Login details (or such alternative authentication mechanism as We may require) in order to access Your Account details and offer to purchase a Digital Entry.

16.3 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.

16.4 If You have an eligible Mobile Device, after You have completed Your Registration, You may elect to use Your Biometric identifier to login instead of using a PIN. You are solely responsible for the Biometric identifier that is registered to Your Mobile Device.

16.5 You acknowledge that the Biometric identifier security features are features of Your Mobile Device and are not features which are operated or managed by Us. You agree that We are not responsible or liable to You in any way (including in negligence) for the use by You of these security features or any malfunction or failure of these security features. For further information on the functionality of, or issues with, these security features and the manner in which these security features are used and secured, You should contact Your Mobile Device manufacturer.

16.6 We do not collect, store or access Your Biometric identifier. It is stored on the Mobile Device You use to login.

16.7 If You enable or use a Biometric identifier to login, You should ensure that Your Biometric identifier is the only Biometric identifier stored on the Mobile Device You use to login to Our Digital Channels. If another person’s Biometric identifier is stored on the device You use to login to Our Digital Channels, You acknowledge that You will be solely responsible for any use of Your Account by any other person, in accordance with clause 16.3.

16.8 Before You sell or otherwise dispose of the Mobile Device You use to login to Our Digital Channels, We advise that You should delete Our Digital Channels and disable the ability to login using a Biometric identifier. If Your Mobile Device is lost or stolen, We advise You to contact Your Mobile Device manufacturer for advice about remotely disabling the ability to login with Your Biometric identifier.

17 Verification of Identification for Digital Members

17.1 You must 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.

17.2 You authorise Us and TMS to make such enquiries as We consider necessary to verify Your identity and confirm Your personal details. You authorise Us to provide Your name, residential address, email and date of birth to:

(a) a Third Party Identity Verification Service Provider to verify Your identity; or

(b) a third party to check and confirm Your personal details.

Any information provided to such parties will only be used for the purpose of verifying Your identity or checking and confirming Your personal details. Any information provided by such parties will only be used by Us or TMS for the purpose of verifying Your identity or checking and confirming Your personal details.

17.3 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.

17.4 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 365 days to complete Your Registration after which time Your Registration, or right to Registration, will be cancelled.

18 Depositing Funds into Your Account

18.1 A Digital 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, debit card or PayPal (where offered by Us or TMS).

18.2 We may change the way deposits can be made at any time and We will notify You of these changes. Such changes will be binding.

18.3 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.

18.4 Interest is not paid on funds or prizes held in Your E-wallet.

18.5 Deposits to Your E-wallet cannot be made through a Lotterywest Retailer.

18.6 Deposits of funds into Your Account will only be available for Your use when We have received confirmation that the funds have been cleared.

18.7 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.

18.8 We endeavour to ensure that the balance of Your Account is correct at all times. Nevertheless, You should check the balance of Your Account and transaction history frequently and contact Us if there is any apparent disparity.

18.9 If funds are credited to Your Account in error, it is Your responsibility to notify Us of the error at the earliest opportunity. Unless We notify You to the contrary, any transactions resulting from the error will be void.

18.10 We reserve the right to recover from You any amount (whether as a prize or otherwise) that is credited to Your Account in error.

18.12 Lotterywest and TMS retain the closing balance of money held in all Accounts separately from funds used by Lotterywest and TMS for other business and operational purposes.

18.13 See Parts C and D of these terms and conditions for additional account details.

19 Purchasing a Digital Entry

19.1 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 purchases from Digital Channels 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 purchases from Digital Channels from Your Oz Lotteries Platform Account;

(d) You must not be Self-excluded;

(e) Your Account must not be suspended, blocked or closed; and

(f) You must be a Western Australian resident at the time of purchase.

19.2 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 Digital Entry selected and You give Us or TMS the authority to debit Your E-wallet with the cost of the Digital Entry.

19.3 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.

19.4 On receipt by Us of Your offer to purchase a Digital 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 Our Digital Channels (whichever channel is relevant to the purchase).

19.5 Offers from You to purchase a Digital Entry must be received by the Lotterywest gaming system prior to the Deadline. We may, in Our absolute discretion, decline an offer to purchase a Digital Entry if it is received by the Lotterywest gaming system after the Deadline.

19.6 Neither Lotterywest nor TMS shall be liable (in negligence or howsoever) for Loss of any nature (including loss of chance) that results from a delay in:

(a) transferring funds from an authorised financial institution account to an E- wallet; or

(b) processing the purchase of a Digital Entry; or

(c) transferring funds from an E-wallet to an authorised financial institution account.

19.7 If Our Digital Channels experience any form of malfunction or delay:

(a) during the receipt of an offer by You to purchase a Digital Entry;

(b) during the process where Your offer to purchase a Digital Entry is transmitted to the Lotterywest gaming system; or

(c) during the confirmation of acceptance of Your purchase of a Digital 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 Our Digital Channel failed to function in the manner in which it was designed and programmed to function.

19.8 A Digital Entry is not deemed to have been successfully purchased unless and until the Digital Entry is confirmed by Us and is visible in Your Account as a valid Digital Entry.

19.9 It is Your responsibility to satisfy Yourself before purchasing a Digital Entry that all the details of the Entry shown on the relevant screen of Our Digital Channel are correct. You cannot cancel Your own Digital Entry after You have completed Your offer to purchase the Digital Entry.

19.10 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.

19.11 In the event that You initiate offers to purchase a Digital 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; and

(c) subject to legal constraints, including obligations under Western Australian legislation, Your principal rights under the GDPR are the rights to:

i. be informed;

ii. access;

iii. rectification;

iv. erasure;

v. restrict processing;

vi. object to processing;

vii. data portability;

viii. not to be subject to automated decision making.

20 Prizes

20.1 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.

20.2 Prizes won from Digital Entries cannot be claimed from a Lotterywest Retailer.

20.3 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.

20.4 See Parts C and D of these terms and conditions for additional prize details.

21 Withdrawing funds from Your E-wallet

21.1 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. Customer Services contact details are available on Our Digital Channels.

21.2 Prizes or funds withdrawn from Your E-wallet Withdrawable balance can only be transferred to a transaction account at an authorised financial institution in Your name.

21.3 We may temporarily block Your Account or withhold payment of any nature if We consider that a withdrawal request is illegal or constitutes an offence.

21.4 See Parts C and D of these terms and conditions for additional E-wallet details.

22 Suspension or closure of Your Lotterywest Membership Account

22.1 Where We reasonably believe an incorrect, fraudulent or unauthorised transaction has or will take place on Your Account, We may suspend Your Account at any time without giving You notice whilst the transaction is investigated.

22.2 While Your Account is suspended, You will not be able to:

(a) deposit funds to Your Account;

(b) purchase Entries using funds standing to the credit of Your Account; or

(c) withdraw funds from Your Account, until the suspension is lifted. We are not liable (in negligence or howsoever) to You for Your inability to use Your Account while it is suspended.

22.3 If Your Account is permanently closed, We or TMS will remit to You any balance of funds in Your Account payable by law. In relation to any funds not claimed by You, We will comply with the Act, Our procedures in relation to unclaimed money and the UnclaimedMoney Act 1990 (WA) (where applicable).

22.4 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.

22.5 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).

22.6 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 Our Digital Channels.

23 Player safety and Self-exclusion

23.1 Lotterywest is committed to player safety 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.

23.2 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.

23.3 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.

23.4 Spending limits apply to Digital Members. You may set Your own Spending limit for purchases of Digital Entries, provided that Your Spending limit is under the Lotterywest Spending limit set out in clause 19.1.

23.5 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 clauses 19.1 and 23.4). 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.

23.6 See Parts C and D of these terms and conditions for additional Self-exclusion details.

24 General

24.1 We own or are licensed to use the copyright in all of the content on Our Digital Channels and by accessing Our Digital Channels, downloading lottery results or purchasing a Digital Entry, You acknowledge Our ownership or license (as the case may be).

24.2 No content on Our Digital Channels may be reproduced without Lotterywest’s prior written consent and You agree that You will not interfere with or modify Our Digital Channels or create other material from Our Digital Channels.

Part C: Lotterywest Platform Member Additional Terms and Conditions

25 Registration as a Lotterywest Platform Member

25.1 To register for Lotterywest Platform Membership You must:

(a) complete and submit the Application for Registration via the Lotterywest Website, or download the Lotterywest App and follow the prompts on the sign up page to register for Your Lotterywest Membership; and

(b) You must have an email address that is not already registered for a Lotterywest Platform Member.

25.2 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.

25.3 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 Services on 133 777 or email [email protected].

26 Your Account

26.1 Minimum and maximum deposit limits for Your E-wallet and E-wallet balance limits apply.

26.2 The permitted minimum deposit to Your E-wallet is $10.

26.3 The permitted maximum deposit to Your E-wallet, per deposit, is $500.

26.4 The maximum amount of funds that can be held in Your E-wallet is $5,000.

26.5 If Your E- wallet balance exceeds $5,000, You will not be able to purchase an Entry until Your balance does not exceed $5,000.

27 Purchasing a Physical Entry

27.1 If You are a Lotterywest Platform Member, You may purchase a Physical Entry at a Lotterywest Retail Store using Your Lotterywest Membership.

27.2 To purchase a Physical Entry using Your Lotterywest Membership, the following conditions apply:

(a) You must present Your 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, the Lotterywest Retailer will provide You with relevant details relating to the Entry; and

(c) Clauses 19.5 and 19.6 apply.

27.3 A Lotterywest Platform Member:

(a) cannot set their own Spending limit for the purchase of Physical Entries; and

(b) must comply with the Lotterywest

28 Prizes

28.1 We will send an email to Your nominated email address if You win a prize (other than a Division 1 prize) where the prize is equal to or over $50.00.

28.2 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.

29 Withdrawing funds from Your E-wallet

29.1 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 when closing Your Account. For all other withdrawals, the permitted minimum withdrawal limit from Your Withdrawable balance is $10. Transfer of funds may take up to 3 working days.

30 Player safety and Self-Exclusion

30.1 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.

30.2 Once Self-exclusion procedures have been completed and accepted by Us, a Selfexcluded 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.

30.3 Revocation of Self-exclusion prior to the end of the nominated Self-exclusion period for a Self-excluded Lotterywest 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 player safety, as part of the revocation process. Any such conditions must be complied with.

30.4 You can set Your Spending limit on the Lotterywest Platform via the ‘My Account’ section, under ‘Financial’ on the Lotterywest Website.

Part D: Oz Lotteries Platform Member Additional Terms and Conditions

31 Registration as an Oz Lotteries Platform Member

31.1 To register for Oz Lotteries Platform Membership You must:

(a) complete and submit the Application for Registration via the “Lotterywest Powered By Oz Lotteries” website, or download the “Oz.Lotterywest” App and follow the prompts on the sign up page to register for Your Lotterywest Membership; and

(b) You must have an email address that is not already registered for an Oz Lotteries Platform Member.

31.2 When purchasing an Entry via the Oz Lotteries Platform, the purchase of the Entry is directly from Lotterywest.

32 Your Account

32.1 In addition to the methods of depositing money into Your Account in clause 18.1, an Oz Lotteries Platform Member can also deposit funds into their E-wallet by using Electronic Funds Transfer.

32.2 Minimum and maximum deposit limits for Your E-wallet and E-wallet balance limits apply.

32.3 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.

32.4 Further deposits can be made in increments of $5 up to a permitted maximum of $5,000.

32.5 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).

33 No purchase of a Physical Entry

33.1 An Oz Lotteries Platform Member cannot purchase a Physical Entry with their Oz Lotteries Platform Membership.

34 Prizes

34.1 TMS will send an email to Your nominated email address if You win a prize (other than a Division 1 prize).

35 Withdrawing funds from Your E-wallet

35.1 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.

36 Player safety and Self-Exclusion

36.1 To submit a request to Self-Exclude on the Oz Lotteries Platform, You must send a request either via:

• email to [email protected] ;
• telephone on 1300 564 047 or 08 6313 3779; or
• web live chat on www.oz.lotterywest.com.

36.2 Once Self-exclusion procedures have been completed and accepted by Us, a Selfexcluded 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.

36.3 Revocation of Self-exclusion 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 player safety, as part of the revocation process. Any such conditions must be complied with.

36.4 You can set Your Spending limit on the Oz Lotteries Platform via the ‘My Funds Spend Limits’ section in Your Account.

Part E: Existing Player’s Card Members Additional Terms and Conditions

37 Registration as Player's Card Member

37.1 A Player’s Card Membership entitles You to purchase an Entry at a Lotterywest Retail Store that will be registered to Your Lotterywest Membership.

37.2 You cannot purchase a Digital Entry registered to Your Player’s Card.

37.3 All Entries purchased and registered to Your Player’s Card Membership are bearer tickets.

37.4 Lost or stolen Entries registered to Your Player’s Card Membership must be reported immediately to Lotterywest. If You have reported Your lost or stolen Entry and it has Your Player’s Card Member number recorded on the Entry, We may be able to take action to ensure any prize is preserved for You, provided that notification is received by Us in adequate time and the prize has not been claimed.

37.5 If We have closed or blocked Your Player’s Card Membership for any reason, You cannot now make a new Application for a Player’s Card Membership. You may only apply for a Lotterywest Platform Membership.

37.6 Lotterywest will not accept any new Applications for Registration as a Player’s Card Member.

38 Verification of Identification and Confirmation Personal Details

38.1 You authorise Us to make such enquiries as We consider necessary to verify Your identity and confirm Your personal details at any time during Your Lotterywest Membership. You authorise Us to provide Your name, residential address, email and date of birth to:

(a) a Third Party Identity Verification Service Provider to verify Your identity;

(b) a third party to check and confirm Your personal details.

Any information provided to such parties will only be used for the purpose of verifying Your identity or checking and confirming Your personal details

39 Purchasing a Physical Entry

39.1 If You are a Player’s Card Member, You may purchase a Physical Entry at a Lotterywest Retail Store using Your Player’s Card.

39.2 To purchase a Physical Entry using Your Player’s Card, the following conditions apply:

(a) You must present Your Player’s 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, the Lotterywest Retailer will provide You with relevant details relating to the Entry; and

(c) Clauses 19.5 and 19.6 apply.

39.3 A Player’s Card 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.

40 Prizes

40.1 If You win a prize, You may claim Your prize at a Lotterywest Retail Store by presenting Your winning Entry and Your Player’s Card.

40.2 Any prize not claimed within five (5) weeks after the draw will be credited to Your nominated bank account (if one has been nominated).

40.3 In relation to any prizes not claimed by You after five (5) weeks of the draw, We will comply with the Act, Our procedures in relation to unclaimed money and the Unclaimed Money Act 1990 (WA) (where applicable).

41 Player safety and Self-Exclusion

41.1 To submit a request to Self-Exclude, You must contact Lotterywest Customer Service on 133 777 or email [email protected].

41.2 Once Self-exclusion procedures have been completed and accepted by Us, a Selfexcluded Player’s Card Member will not be able to purchase an Entry from a Lotterywest Retailer using their Player’s Card for the duration of the nominated Self-exclusion period.

41.3 Revocation of Self-exclusion prior to the end of the nominated Self-exclusion period for a Self-excluded Player’s Card 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 player safety, as part of the revocation process. Any such conditions must be complied with.

42 Upgrade to a Lotterywest Platform Member

42.1 A holder of a 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 Platform Member, the Player’s Card will be cancelled. Any other Player’s Cards held by the person may be used until cancelled under these terms and conditions.

42.2 Upon upgrade to a Lotterywest Platform Member from a Player’s Card, You acknowledge and accept that Parts A, B and C of these terms and conditions apply to Your Lotterywest Membership.