This legislation has been repealed.
[This Regulation commenced on 29 November 2004 and was repealed by the THE POOLS RULES, REGULATIONS NO. 29 OF 2005 which commenced on the 07 September 2005.]
The Pools Rules
Tattersall’s Sweeps Pty
Ltd
ACN 081 925
662
Tattersall’s
House
615 St Kilda Road, Melbourne,
Victoria, 3004, Australia
Tel (61 3)
8517 7777 Fax (61 3) 8517
7412
www.tattersalls.com.au
Explanatory Note on the Effect and Applicability of these Rules
This Explanatory Note forms part of The Pools Rules.
I. Effective Date
(i) These Rules shall be effective for The Pools Rounds commencing on and after 29 November 2004 until subsequent amendments are made unless such amendments are disallowed by the Victorian Commission for Gambling Regulation. These Rules shall be displayed at the place of business of Tattersall’s and at the point of sale of Accredited Representatives and their Supplementary Representatives, tatts.com and Resellers.
II. Applicable Rules
(i) Section A of these Rules is made for the conduct, management and sale of entries in The Pools when the same occurs under the operation of the ‘ELOS’ Lottery System and under that system, only Section A of these Rules will be applicable.
(ii) Section B of these Rules is made for the conduct, management and sale of entries in The Pools when same occurs under the operation of the ‘GTECH’ Lottery System and under that system, only Section B of these Rules will be applicable. Further, the following substitutions, deletions and amendments apply to Section B of these Rules:
“Subject to
Rules 10.5, 10.7, 12, 13 and 14, all prizes may be collected within the period
specified in the Act at the premises of Accredited Representatives or
Tattersall’s registered office. After that period, and after disposal of
unclaimed prizes by Tattersall’s in accordance with the Act, Entry Tickets
for unclaimed prizes:-
(a) may be
presented at Tattersall’s registered office for forwarding to the relevant
Victorian State Government department (or where applicable, the government
department for the Participating Jurisdiction in which the entry was purchased)
or
(b) may be presented directly
to the relevant government department referred to in 10.3(a)
above,
for validation and prize payment by that government department.”
III. Notice to Players
(i) Upon successful conversion from the GTECH Lottery System to the ELOS Lottery System, a notice advising Players that the Rules contained in Section A are applicable will be displayed at all points of sale.
SECTION A
Rules for the Conduct and Sale
of Entries in The Pools Under the Operation of
the ELOS Lottery System
THE POOLS RULES
TABLE OF CONTENTS
1 DEFINITIONS 1
2 EFFECT OF THESE RULES 3
3 ENTRY COUPONS 3
4 MARKING ENTRY COUPONS 4
5 QUICK PICK AND NON-COUPON ENTRIES 5
6 ACCEPTANCE AND ISSUANCE OF ENTRY TICKETS 5
7 DETERMINATION OF RESULTS 6
8 PRIZE POOLS AND DIVISION OF PRIZES 7
9 CLAIMS AND PRIZE PAYMENTS 8
10 DISPUTED PRIZE CLAIMS 10
11 TATTS CARD 11
12 ACCREDITED REPRESENTATIVES 11
13 OUTLET SYNDICATES 12
14 INTERNET ENTRIES PURCHASED WITH TATTS.COM 12
15 RESELLERS 14
16 PUBLICATION OF RESULTS 14
1 DEFINITIONS
1.1. Unless
the contrary intention appears, in these Rules the following definitions shall
apply;
“Accredited Representative” is a person or corporation accredited by Tattersall’s to process entries in The Pools;
“Act” means the Gambling Regulation Act (Vic) 2003;
“Australian Season Pool” means The Pools conducted by the Australian Soccer Pools Bloc based on the match list supplied to it by the Australian Soccer Federation;
“Australian Soccer Pools Bloc” means the Members licensed in their respective jurisdictions who have joined for the purpose of conducting, promoting and selling entries soccer pool lottery games, of which Tattersall’s is a Member;
“Claim Period” means the period ending on the fourteenth day after the completion of the Round in which the prize is claimed. If the fourteenth day, or any day or days immediately preceding it, is a Saturday, Sunday or public holiday, the period ends on the last working day before the fourteenth day. All such periods end at the close of business on the nominated day;
“Close of Acceptance of Entries” means the day and time of day determined by Tattersall’s after which entries into a Round will not be accepted;
“commission” is an amount not exceeding the amount fixed by the Minister from time to time which is payable to Accredited Representatives, tatts.com or a Reseller for effecting an entry in The Pools;
“Corresponding United Kingdom Pool” means the 8 Match Treble Chance Pool conducted by Vernons Pools, Vermail House, Ornskirk Road, Ainstree, Merseyside, UK on the same Matches as are the subject of The Pools;
“Distributable Prize Pool” means an amount not less than 45% of all Subscriptions received in respect of a particular Round;
“Entry Coupon” is a form approved by Tattersall’s containing all relevant numbers and instructions to effect an entry in The Pools via Tattersall’s computer system;
“Entry Ticket” is a Tattersall’s computer system issued record of entry in The Pools containing all of the particulars listed in Rule 6.1;
“Game” is the Player’s selection of six numbers only;
“Internet” means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol;
“Jackpot Prize Pool” means an amount not greater than 5% of all Subscriptions received in The Pools;
“List of Matches” means the list of 38 Matches and reserve Matches published from time to time by the Australian Soccer Pools Bloc in respect of either:
(a) an Australian Season Pool; or
(b) a Corresponding United Kingdom Pool;
“Match” means a game of soccer contained in the List of Matches;
“Member” means one or more of the parties of the Australian Soccer Pools Bloc;
“Minister” means the Minister for Gaming, State of Victoria;
“Outlet Syndicate” is where an Entry Ticket is purchased by an Accredited Representative on behalf of a group of persons whereby the Accredited Representative agrees to pay any prize emanating from that Entry Ticket to such persons proportionate to the number of shares held by each person;
“Overseas Jurisdiction” means a jurisdiction other than an Australian State or Territory or a Participating Jurisdiction, where it is not illegal for a resident of that jurisdiction to participate in foreign soccer pool lotteries whether by Internet, mail or such other means;
“Participating Jurisdiction” means a jurisdiction declared under the Act, or as may be declared under the Act from time to time, where Tattersall’s is authorised to conduct, promote and sell entries in The Pools and, unless otherwise specified, includes Victoria;
“Player” means a person who purchases an entry in The Pools;
“Prizes Fund” is an amount equivalent to 50% of all Subscriptions received in The Pools which is the amount required under the Act to be returned to Players being the sum of all prizes payable from the Distributable Prize Pool and the total amount paid into the Jackpot Prize Pool;
“public lottery” means a lottery or other game or competition of chance, or partly of chance and partly of skill, in which people pay money to enter with the possibility of obtaining a prize, including a lottery, game or competition that involves a scheme of pari-mutual betting;
“Reseller” means a person or corporation contracted by Tattersall’s to process entries for persons residing in Participating or Overseas Jurisdictions where that person is remote from Tattersall’s computer system, either via the Internet, mail or by other means approved by Tattersall’s;
“Round” means a weekly round of Matches from which the winning numbers and supplementary number are determined in the manner described in Rule 7 by which winning entries in that Round are determined;
“Rules” are these Rules and includes any appendices and schedules attached hereto;
“Standard Entry” means a selection of six numbers only from the numbers 1 to 38 inclusive;
“Subscription” is the cost of an entry in The Pools excluding commission;
“Supplementary Representative” is a person or corporation associated with an Accredited Representative who is engaged by the Accredited Representative to effect Player entries via the Accredited Representative’s on-line computer terminal;
“System Entry” means a selection of other than six numbers from the numbers 1 to 38 inclusive as further detailed in Rule 4.3;
“Tattersall’s” means Tattersall’s Sweeps Pty Ltd (ACN 081 925 662) whose registered office is situated at 615 St Kilda Road, Melbourne, Victoria, being the entity which conducts and promotes public lotteries in accordance with the Act in the State of Victoria and other Participating Jurisdictions;
“tatts.com” means tatts.com Pty Ltd, a related entity of Tattersall’s, being a corporation accredited by Tattersall’s to process entries in The Pools via the Internet;
“Tatts Card” is a membership card which enables the holder thereof to register and store entries in The Pools in accordance with the terms of that membership and Rule 11;
“The Pools” means the soccer football pool public lottery conducted by the Australian Soccer Pools Bloc, in which the prizes are distributed on the basis of results of soccer football matches played in Australia or elsewhere in accordance with a system where results are selected and given an order of rank, the conduct of which is the public lottery the subject of these Rules;
“VCGR” means the Victorian Commission for Gambling Regulation established by the Act;
“Void Match” means a Match so declared in an Australian Season Pool or Corresponding United Kingdom Pool resulting from circumstances which:
(a) prevents the determination of results in the manner envisaged by Rule 7.2; or
(b) enables a Player to determine the result of a Match prior to entry in the Round being effected;
including but not limited to the cancellation, rescheduling or non-completion of a Match or where a Match is played prior to the Saturday in the week in which the Round is commenced;
“Web Site” means
tatts.com’s Internet site located at
www.lotto.tatts.com
(or such other address as may be advised from time to time) where a Player may
purchase entries in The Pools via the Internet.
1.2. Reference to one gender includes
all other genders.
1.3. Reference to the
singular shall include the plural and vice
versa.
1.4. Reference to a person shall
include natural persons and corporate persons, context
permitting.
2 EFFECT OF THESE RULES
2.1 Tattersall’s is required
under the Act to make Rules for the conduct of The Pools. These Rules, as are in
force at the time an entry into a Round is effected, are binding contractually
between Tattersall’s and the Player.
2.2 Entry into The Pools is only open
to persons 18 years of age or over in Victoria and in Participating and Overseas
Jurisdictions where that law is
applicable.
2.3 These Rules shall be
displayed at the place of business of Tattersall’s and at the point of
sale of Accredited Representatives and their Supplementary Representatives,
tatts.com and Resellers.
2.4 If, at any
time these Rules are in
effect:
(a) entries in The Pools are not
or are not yet available for purchase via any of the distribution media
described in these Rules, the Rules relevant to that distribution medium will
only be operative if and when purchase is available via that medium;
and/or
(b) any entry type as specified
in Rule 4 is unavailable for purchase, then the Rules relevant to that entry
type will only be operative if and when purchase is available for that entry
type.
2.5 By purchasing an Entry Ticket
in The Pools, all Players agree to be bound by these Rules. Except as may
otherwise be provided herein and in particular Rule 10.2, all Players shall
accept as final, decisions made by Tattersall’s pursuant to these Rules in
respect of prize eligibility and distribution and decisions made by
Tattersall’s as to the meaning and effect of these
Rules.
2.6 Tattersall’s may at any
time amend these Rules in accordance with the Act. If such amendment results in
the invalidity of any Entry Ticket already issued, the holder of such Entry
Ticket may apply for a refund of the Subscription and commission paid in respect
of that Entry Ticket but Tattersall’s shall not be liable for any other
loss or damage suffered by the
Player.
2.7 If there is an inconsistency
between the instructions on an Entry Coupon, Entry Ticket or promotional and
point of sale materials and these Rules, these Rules prevail to the extent of
the inconsistency.
2.8 If it is held by
a court of competent jurisdiction
that:
(a) any part of the Rules are void
or illegal or unenforceable; or
(b) the
Rules would be void voidable illegal or unenforceable in whole or in part unless
a part were severed therefrom,
then that part shall be severable from and
shall not affect the continued operation of the remainder of the Rules.
3 ENTRY
COUPONS
3.1 The objective of the
Player participating in The Pools is to correctly select the six winning numbers
from the numbers 1 to 38 inclusive in any one
Game.
3.2 Each Entry Coupon shall
contain fifteen (15) game panels (marked “A” to “0”) for
Player number selections. Each game panel shall contain a selection box to
identify if the Player’s selection is a System Entry. Each Entry Coupon
shall also contain selection boxes for the following entry types available in
The Pools:
-
(a) Advance
(b) Multi-Weeks
(c) Top
Up.
3.3 Only an Entry Coupon that is
provided or approved by Tattersall’s shall be capable of constituting a
properly completed Entry Coupon for the purposes of these Rules and
notwithstanding any other provision contained in these Rules, a prize may not be
paid to any Player who uses an Entry Coupon that is not provided or approved by
Tattersall’s.
4 MARKING
ENTRY COUPONS
4.1 A Player can
select either or both of the following types of entries in The
Pools:
(a) a Standard Entry;
and/or
(b) a System Entry
and may thereafter opt to play their
selection:-
(c) in Advance;
and/or
(d) for Multi-Weeks;
and/or
(e) with a Top Up
with each Game costing the Subscription plus
commission advertised by Tattersall’s at the time and point of purchase. A
minimum of two (2) Games (whether those Games are constituted by Standard or
System entries) must be completed on any one Entry
Coupon.
4.2 A Standard Entry is
constituted by a Player selecting six numbers only in one game panel from the
numbers 1 to 38.
4.3 A System Entry is
constituted by a Player selecting other than six numbers in one game panel from
the numbers 1 to 38 and by marking the System selection box in that game panel.
Subject to Rule 4.9, more than one type of System selection (ie, System 7 or
System 10 etc) can be played on any one Entry Coupon. A Player can
mark:
(a) from 7 to 20 numbers in a game
panel for a respective System 7 to System 20 Entry. Tattersall’s
computer system will calculate all possible six number combinations from the
Player’s selected numbers (ie, a System 8 will produce 28 six number
combinations) which will then constitute that number of Games for that System
Entry; or
(b) 4 or 5 numbers in one game
panel for a respective Take 4 or Take 5 Entry. Tattersall’s computer
system will combine the Player’s number selections with the remaining
unselected numbers to calculate all possible six number combinations (ie, a Take
5 will produce 33 six number combinations) which will then constitute that
number of Games for that Take 4 or Take 5
Entry.
4.4 Subject to Rule 4.6, an
Advance entry allows the Player to nominate any one future Round up to twenty
five (25) weeks beyond the next Round into which an entry can be effected. The
Player must mark the Advance selection box on the Entry Coupon and advise the
terminal operator of the date of the commencement of the Round into which the
Advance entry is to be entered. If the requested date is not a scheduled
commencement date for a Round, the entry will be processed for the Round next
occurring after that requested date.
4.5 A Multi-Weeks entry may be for 2,
5, 10, 13 or 26 consecutive weeks and is constituted by the Player marking the
corresponding number in the Multi-Weeks selection box. The Player’s
selected numbers will then be entered into that number of consecutive Rounds
beginning with the next (current) Round into which an entry can be effected.
4.6 A combined Advance Multi-Weeks
entry will be accepted if the Player has marked both Advance and Multi-Weeks
selection boxes but only if the last Round contained on that entry does not
exceed twenty-five (25) Rounds beyond the current Round.
4.7 Notwithstanding the availability of
Advance and/or Multi-Week entries for the periods specified in Rules 4.4, 4.5
and 4.6, Tattersall’s shall not be liable for any unavailability or delay
in the publication of any one or more List of Matches on which a Player might
otherwise wish to base their selections for those Advance and/or Multi-Week
entries.
4.8 A Player may request a Top
Up entry by marking the Top Up selection box on the Entry Coupon. The computer
system will then generate Standard Entry Quick Picks for each of the remaining
unmarked game panels on the Entry
Coupon.
4.9 All entries are subject to
the restrictions imposed on Tattersall’s computer system to process
entries which exceed a specified number of Games in any one Round on the one
Entry Coupon and/or Entry Ticket and, in the case of System Entries, those
which exceed the allowable number of separate or combined System Entries on the
one Entry Coupon and/or Entry
Ticket.
4.10 Players shall mark their
numbers by hand in black or dark blue pen in each chosen game panel. Except with
the prior approval of Tattersall’s, a Player shall not mark an Entry
Coupon by means other than by hand. An Entry Coupon which is marked other than
by hand will not be considered a properly completed Entry Coupon for the
purposes of these Rules and a Player claiming a prize as a result of an Entry
Coupon marked other than by hand and having been accepted by an Accredited
Representative without Tattersall’s prior approval may not be entitled to
payment of any prize in relation to that Entry
Ticket.
4.11 A properly completed Entry
Coupon shall be processed through Tattersall’s computer system via
terminals situated at the outlets of Accredited
Representatives.
4.12 An Entry Coupon
not properly or fully completed may be manually edited on the terminal by the
Accredited Representative at the direction of the Player in which case the
detail referred to in Rule 6.1(d) will appear on the Entry
Ticket.
5 QUICK PICK AND NON-COUPON
ENTRIES
5.1 A Player may request a
Quick Pick computer assisted entry whereupon the Entry Ticket issued containing
computer selected numbers shall constitute an accepted entry for the purposes of
Rule 6.
5.2 An entry properly
transacted via tatts.com or a Reseller in accordance with Rules 14 and 15
respectively shall constitute an accepted entry for the purposes of Rule 6.
5.3 Any reference to Entry Coupons and
the marking of Entry Coupons in Rules 3 and 4 shall not be applicable to Quick
Pick entries and entries purchased via tatts.com or
Resellers.
6 ACCEPTANCE AND ISSUANCE
OF ENTRY TICKETS
6.1 A Player
having made a selection and paid the Subscription plus commission shall be
issued with an Entry Ticket recording:-
(a) the Player’s Tatts Card
number, if applicable;
(b) the
Player’s selected numbers and where applicable, the System Entry
type;
(c) the Round date and number, or
if a Multi-Weeks entry the Round date and Round number ranges, to which the
entry relates;
(d) if applicable,
“e” which indicates that the terminal operator has edited the
selection at the Player’s
direction;
(e) if applicable,
“t” which indicates that the selection is a Top
Up;
(f) the details of the Accredited
Representative and relevant selling point
terminal;
(g) the date and time of
purchase;
(h) the Subscription and
commission paid; and
(i) the ticket
number.
6.2 It is the responsibility of
the Player to check all details on the Entry Ticket at the time of purchase and
the taking of such Entry Ticket shall then constitute an accepted entry for the
Round(s) identified thereon. The taking of the Entry Ticket shall constitute an
acknowledgment by the Player that the numbers printed thereon are the
Player’s selection (whether by manual or Quick Pick selection) and that
all other particulars on the Entry Ticket are correct. No Entry Coupon shall
then have validity or be of evidence for any
purpose.
6.3 Subject to Rules 2.6 and
6.4, an Entry Ticket may only be voided or cancelled,
(a) on presentation of the original
Entry Ticket which must be legible and must not be mutilated;
and
(b) only at the terminal of issue;
and
(c) within 24 hours from the time of
purchase but prior to the Close of Acceptance of Entries for that Round (or for
the first Round contained on that Entry) and subject to the relevant Accredited
Representative’s hours of operation,
and the Player shall be refunded the
Subscription and commission paid in respect of such Entry Ticket.
6.4 If requested by an Accredited
Representative on its own or a Player’s behalf, Tattersall’s may, in
its absolute discretion and subject to its computer system capability, effect a
cancellation of an Entry Ticket at Tattersall’s computer system’s
host site and the Player shall be refunded the Subscription and commission paid,
if any, in respect of such Entry
Ticket.
6.5 Subject to these Rules, an
Entry Ticket issued in accordance with Rule 6.1 shall constitute an
acknowledgment by Tattersall’s of such entry in the relevant Round(s).
6.6 Subject to Rules 10.2(b) through
10.2(d) inclusive, where any dispute arises, the Player shall be bound by the
prize determination founded on the particulars recorded on Tattersall’s
computer system transaction files. No subsequent or manual alteration to an
Entry Ticket shall be made or, if made, have any validity for any
purpose.
6.7 An Entry Ticket which is
recorded as void or cancelled on Tattersall’s computer system shall be
void and of no validity in claiming any prize, and the Player shall have no
claim against Tattersall’s by reason of operator error, or
otherwise.
7 DETERMINATION OF RESULTS
7.1 Each Round will be identified
by a Round number.
7.2 Subject to Rule
7.4 the Matches represented by the numbers in a game panel shall be deemed to
have an order of rank depending on the results of those Matches in accordance
with this Rule and for the purposes of Rule 8, the six highest ranked numbered
Matches shall be the winning numbers and the seventh highest ranked numbered
Match shall be the supplementary
number.
(a) Score Draw - All Score Draws
will be ranked higher than any other result and a Score Draw where more goals
are scored will be ranked higher than a Score Draw where fewer goals are
scored.
(b) Nil Score Draw (scoreless) -
All Nil Score Draws will be ranked equally and shall be ranked higher than an
Away Win or a Home Win.
(c) Win for
Away Team - All Wins for Away Teams shall be ranked higher than Home Wins. Away
Wins with a smaller goal difference shall be ranked higher than Away Wins with
greater goal difference and where two or more Away Wins have the same goal
difference Away Wins where more goals are scored shall be ranked higher than
Away Wins where fewer goals are
scored.
(d) Win for Home Team - Home
Wins with a smaller goal difference shall be ranked higher than Home Wins with
greater goal difference and where two or more Home Wins have the same goal
difference Home Wins where more goals are scored shall be ranked higher than
Home Wins where fewer goals are
scored.
(e) In the event that two or
more numbered Matches in a game panel are of equal rank in accordance with Rules
7.2(a) through 7.2(d) inclusive, and subject to Rules 7.3 and 7.6, any such
Match printed with a greater number (in magnitude) in a game panel shall be
ranked higher than any such Match printed with a lesser number (in
magnitude).
(f) If there are
insufficient results in accordance with Rule 7.2(a) to determine the winning
numbers and the supplementary number, then the results in accordance with Rule
7.2(b) shall be taken into account and if still insufficient then the results in
accordance with Rule 7.2(c) shall be taken into account and if still
insufficient then the results in accordance with Rule 7.2(d) shall be taken into
account until six winning numbers and a supplementary number have been
determined.
7.3 References in Rules
7.2(c) and 7.2(d) to “more goals” or “fewer goals”
refers to the total number of goals scored by both teams in a Match
result.
7.4 In the event that any
numbered Match in a game panel is a Void Match, the result of such Void Match
will be deemed to be the result of the first non-void numbered Match on the List
of Matches from number 39 onwards. A second such Void Match will be the result
of the second non-void numbered Match on the List of Matches from number 39
onwards and so on in ascending numerical sequence for each such Void
Match.
7.5 Where the List of Matches is
in respect of the Australian Season Pool and results are declared in less than
38 of the Matches, the Round shall be
cancelled.
7.6 Where the List of Matches
is in respect of the Corresponding United Kingdom Pool
then:
(a) In the event that any Match in
the List of Matches is not played but a result has been declared in the
Corresponding United Kingdom Pool, then for the purposes of the Round such
result shall be deemed to be as
follows:-
(i) in respect of a Score Draw
- a goal score of 1-1,
(ii) in respect
of an Away Win - a goal score of 0-2,
and
(iii) in respect of a Home Win - a
goal score of 2-0.
(b) The results of
Matches printed on the List of Matches shall, subject to Rule 7.6(a), be the
results adopted in the Corresponding United Kingdom
Pool.
7.7 If for any reason a Round is
cancelled, then all entries received in accordance with these Rules in respect
of that Round shall be deemed to be entries in the next numbered Round.
8 PRIZE POOLS AND DIVISION OF
PRIZES
8.1 There shall be five prize
divisions in each Round
comprising:
(a) Division One: Players
who have correctly selected the six winning numbers in any one
Game;
(b) Division Two: Players who have
correctly selected any five of the six winning numbers plus the supplementary
number in any one Game;
(c) Division
Three: Players who have correctly selected any five of the six winning numbers
in any one Game;
(d) Division Four:
Players who have correctly selected any four of the six winning numbers in any
one Game;
(e) Division Five: Players who
have correctly selected any three of the six winning numbers, plus the
supplementary number, in any one
Game.
8.2 If in a Round, there is no
valid winning entry in Division One, then the amount allocated to Division One
from the Distributable Prize Pool for that Round shall add to and form part of
the amount allocated to Division One in the next Round.
8.3 Such addition shall continue until
there is a valid winning entry in Division One.
8.4 Subject to Rule 8.2, if there are
no winning entries in any particular Division the amount allocated to that
Division will be added to the amount allocated
to:
(a) the next lower Division in which
there are prize winning entries;
or
(b) the next higher Division in which
there are prize winning entries if there are no prize winning entries in any
lower Division.
8.5 If in a particular
Round the prize payable for a single winning entry Game
in:-
(a) Divisions Two, Three or Four is
less than the prize payable to a winning entry Game in any lower Division, the
amounts allocated to that Division and all lower Divisions will be aggregated
and divided equally between all the winning entry Games in all the Divisions
whose allocated prize pools were aggregated;
(b) any Division is less than $1.00,
that prize shall be increased so that the amount payable is
$1.00.
8.6 Subject to Rule 8.2, 8.4 and
8.5, the Distributable Prize Pool shall be distributed as nearly as possible in
the percentages listed below, subject to a rounding to the nearest
cent:-
(a) Division One:
65%
(b) Division Two: 2%
(c) Division Three: 6%
(d) Division Four: 15%
(e) Division Five:
12%.
8.7 No single Game shall win more
than one prize in any one Round.
8.8 If
in any Division there is more than one winning Game, the prize money allocated
to that Division will be apportioned amongst such winning Games
equally.
8.9 All prizes (other than
prizes payable in Division One) shall be rounded to the nearest five
cents.
8.10 The amounts set aside for
payment into the Jackpot Prize Pool shall accumulate and shall be applied
to:
(a) guarantee a Division One prize
from time to time; and
(b) supplement
prizes in any or all Divisions.
8.11 If
any entries which would otherwise have been entitled to payment of prizes are
discovered after the payment of prizes, Tattersall's may at its discretion pay
to the Players submitting such entries the same prizes as were payable in
respect of entries winning such prizes, or such smaller prizes as would have
been paid under Rule 8 if such entries had been taken into account when
declaring prizes.
8.12 Australian Soccer
Pools Bloc Members aggregate the total Subscriptions of each Member and, in
accordance with their legislated requirements, allocate such percentage of those
Subscriptions to form a common prize pool and pay common dividends to Players in
each jurisdiction. As such, Australian Soccer Pools Bloc Members are from time
to time required to make prize payments to other Members to enable payment by
such other Members of common dividends won in respect of Entry Tickets sold in
the jurisdiction of such other Member and such payment made by
Tattersall’s is made from the Prizes
Fund.
8.13 Notwithstanding Rule 8.12,
Tattersall’s may from time to time supplement prizes paid to Players in
Victoria and Participating Jurisdictions only, from amounts representing
Tattersall’s proportion of the Jackpot Prize Pool constituted solely by
Subscriptions from entries purchased in those jurisdictions in accordance with
these Rules.
9 CLAIMS AND PRIZE
PAYMENTS
9.1 Prize money
distributable to Division One and Division Two winning entries shall be paid
following the expiration of the Claim Period and may be:
(a) reduced if the number of valid
winning entries exceed the number publicised as provisional winning entries;
or
(b) increased if the number of valid
winning entries is less than the number publicised as provisional winning
entries.
9.2 Subject to Rule 9.1, 11,
13, 14 and 15 prizes for Division One and Division Two or prizes which exceed
an amount determined by Tattersall’s from time to time, including any
other prizes on those winning Entry Tickets, shall be paid by Tattersall’s
registered office. Cash will only be paid to the limit determined by
Tattersall’s from time to time and above this limit, payment will be by
cheque either personally or by post, or by remittance through a nominated bank
account. Payment of a prize cheque issued by Tattersall’s constitutes a
prize claimed by the Player and is not thereafter subject to the provisions of
Rule 9.3.
9.3 Subject to Rules 9.2, 11,
13, 14 and 15, all prizes may be collected within the period specified in the
Act at the premises of Accredited Representatives or Tattersall’s
registered office. After that period, and after disposal of unclaimed prizes by
Tattersall’s in accordance with the Act, Entry Tickets for unclaimed
prizes:-
(a) may be presented at
Tattersall’s registered office for forwarding to the relevant Victorian
State Government department (or where applicable, the government department for
the Participating Jurisdiction in which the entry was purchased) or
(b) may be presented directly to the
relevant government department referred to in 9.3(a)above,
for validation and prize payment by that
government department.
9.4 Subject to
the discretion of Tattersall’s and Rules 11, 14 and 15, no prize money
shall be payable save on surrender of the prize winning Entry Ticket and no
other material whether terminal produced or otherwise shall be of any validity
or proof of entitlement to a prize for any purpose. The name and address section
of the Entry Ticket should be completed before presentation for prize
validation, and full identification may be required prior to payment. At the
time of payment of a prize, the Player will be given a receipt showing the
amount of the prize.
9.5 Unless a
Player has completed an anonymity request by marking the Entry Ticket at the
time of making a claim for a prize, Tattersall’s shall be at liberty to
publicise any Player’s name as a prize winner. Nothing in this Rule shall
prevent Tattersall’s from publicising a Player’s suburb of residence
or the amount of the prize.
9.6 In
order for an Entry Ticket to be valid the following conditions must be
met:
(a) The Entry Ticket must be
legible and must not be mutilated, altered, reconstituted, marked paid,
counterfeit, stolen or cancelled or a duplicate of another Entry Ticket and must
have been issued in a manner authorised by Tattersall’s
.
(b) The full ticket details matching
the record in Rule 6.6 must appear on the Entry Ticket which must not be
misregistered, defectively printed or produced in error to an extent that it
cannot be processed by
Tattersall’s.
(c) The Entry Ticket
must pass all other confidential security checks of Tattersall’s and there
must not be any breach of these Rules which in the opinion of Tattersall’s
justifies non payment of the
prize.
9.7 It shall be the sole
responsibility of the Player to take reasonable care for the preservation of an
Entry Ticket.
9.8 The Entry Ticket held
by the Player shall have no value other than allowing payment of any prize that
is shown as unpaid on Tattersall’s computer system in respect of that
Entry Ticket.
9.9 Players who believe
they are entitled to claim a prize in a Round must have their claim confirmed by
Tattersall's computer system as being a prize winning Entry Ticket
by:
(a) lodgement of a claim at the
registered office of Tattersall's accompanied by the Player’s Entry
Ticket, or
(b) forwarding a claim to
the registered office of Tattersall's accompanied by the Player’s Entry
Ticket and a stamped self-addressed envelope, or
(c) presentation of the Entry Ticket at
any Accredited Representative’s outlet (except in the case of Division One
and Two prize claims for prizes which exceed the limit specified by
Tattersall’s which must be made in accordance with (a) or (b) above).
9.10 The delivery of any prize winning
Entry Ticket is the responsibility and at the expense of the Player. Proof of
posting or bank lodgement will not be accepted as proof of ownership or delivery
of an Entry Ticket.
9.11 The Player
shall accept all risks, losses, delays, errors or omissions which may occur
through Australia Post or the banking system and Tattersall’s shall be
under no obligation to send any remittances by registered, recorded or security
post. The cost of remittance of prize money may be deducted from the prize
payable to the Player.
9.12 Subject to
Rule 9.6 Tattersall’s will recognise only the person/s by whom the Entry
Ticket is surrendered as the absolute owner (and where more than one person,
then in equal shares) and except as ordered by a Court of competent jurisdiction
shall not be bound to take notice or to see to the execution of any trust
whether express, implied or constructive to which any such Entry Ticket may be
subject.
9.13 Notwithstanding any
other provision contained in these Rules, Tattersall’s may require any
Player claiming a prize to complete a Statutory Declaration prior to payment of
such prize, to the effect that the Player is not part of any syndicate
associated with any person who has acted in contravention of the
Act.
9.14 Payment by Tattersall’s
to the person/s surrendering the Entry Ticket of any prize money payable in
respect thereof shall be a good discharge to Tattersall’s, notwithstanding
any notice Tattersall’s may have of the right, title, interest or claim of
any other person/s to such prize
money.
9.15 A terminal produced
replacement Multi-Weeks Entry Ticket supplied on prize payment will be
recognised for the next prize validation. The Multi-Weeks Entry Ticket used for
validation and payment of a prize ceases to be valid, and only the replacement
will be accepted for further prize
collection.
9.16 All prizes will be paid
in Australian Dollars in the amount advertised by Tattersall’s as the
final dividend payable for that prize winning entry. Except for prizes paid to
Players under Rule 14, if a prize is payable to a Player residing in a
Participating Jurisdiction where the currency is other than the Australian
Dollar, the prize will be paid in that jurisdiction’s currency at the
average AUD Retail Market Exchange Rate applicable on the Monday of the week in
which the Round to which the prize on the Entry Ticket relates is conducted. For
the purposes of this Rule, “week” means the period of 7 days from
Monday to Sunday inclusive and the “average AUD Retail Market Exchange
Rate” means the average of the ‘buy’ and ‘sell’
AUD Retail Market Exchange Rates advertised in The Australian Financial Review
newspaper.
9.17 Any liability of
Tattersall’s to a Player arising from any statement about a Round made by
(or any negligence on the part of) an employee, servant, agent or contractor of
Tattersall’s or any other person, shall be limited to the cost of the
Player’s Entry Ticket in that
Round.
9.18 In the event of a Player
suffering any loss or damage as a result of any unlawful act of an employee,
servant, agent or contractor of Tattersall’s or any Accredited
Representative or other party or as a result of any fire, flood, tempest, storm,
riot, civil commotion, lockout, strike or equipment failure, any liability of
Tattersall’s to that Player shall be limited to the cost of the
Player’s Entry Ticket in that
Round.
10 DISPUTED PRIZE
CLAIMS
10.1 Prior to a prize being
paid to the Victorian State Government in accordance with the Act and Rule 9.3,
a Player may lodge a written claim with Tattersall’s by sending it to
Tattersall's registered office if:
(a) Tattersall’s does not confirm
a prize upon presentation of an Entry Ticket;
or
(b) the Player believes that their
Entry Ticket has been incorrectly evaluated;
or
(c) the Player is unable to produce
the Entry Ticket for which the Player claims a prize is payable.
Tattersall’s will not consider a claim in
respect of a prize disposed of in accordance with Rule 9.3.
10.2 If a claim for a prize is made to
Tattersall’s in accordance with Rule
10.1:
(a) Tattersall’s will
–
(i) immediately try to resolve
the claim; and
(ii) if
Tattersall’s is not able to resolve the claim, promptly give the claimant
written notice advising -
A. of
Tattersall’s decision on the claim, and
B. that the Player may, within 10 days
after receiving the notice, ask the VCGR to review the
decision.
(b) If the claim is not
resolved, the Player may ask the VCGR –
(i) if the Player has received a notice
under Rule 10.2(a)(i), to review Tattersall’s decision on the claim;
or
(ii) if not, to resolve the
claim.
(c) A request to the VCGR under
Rule 10.2(b) –
(i) must be in the
form approved by the VCGR; and
(ii) if
the Player received a notice under Rule 10.2(a)(i), must be made within 10 days
after receiving the notice.
(d) If a
request is made to the VCGR, the VCGR may carry out any investigations the VCGR
considers necessary to resolve the matters in
dispute
10.3 No prize claim made beyond
the period referred to in Rule 10.1 will be accepted unless it is in respect of
an Entry Ticket which is shown as an unclaimed prize on Tattersall’s copy
of the report of unclaimed prizes sent to the government as referred to in Rule
9.3(a).
11 TATTS
CARD
11.1 Prizes won by an Entry
Ticket registered to a Tatts Card which remain unclaimed four weeks from the
date of the completion of the Round to which the prize on the Entry Ticket
relates (or in the case of a Multi-Week entry, four weeks from the date of the
completion of the last Round to which the Entry Ticket relates), will be paid by
cheque (less postage and handling) and forwarded by ordinary post to the then
recorded address of the Tatts Card member. Such prize payment will be in full
and final settlement of any prize payable in respect of that Entry Ticket,
irrespective of whether the Entry Ticket is subsequently presented for payment
by any person. Payment of a Tatts Card prize cheque constitutes a prize claimed
by the Player and is not thereafter subject to the provisions of Rule
9.3.
11.2 Prior to any payment of prizes
won by an Entry Ticket identified with a Tatts Card number, Tattersall’s
may require a Statutory Declaration of ownership from the person presenting the
Entry Ticket.
11.3 Notwithstanding the
registration of a Player’s Entry Ticket on the Player’s Tatts Card,
prize winning Entry Tickets are bearer documents and any prize payment by
Tattersall’s to a person surrendering a winning Entry Ticket, prior to a
prize payment being made under Rule 11.1, shall discharge any liability
Tattersall’s has in respect of that winning Entry Ticket, irrespective of
whether that Entry Ticket is registered to a particular Tatts Card member or
not.
11.4 Tattersall’s assumes no
responsibility or liability for lost or stolen Entry Tickets and under no
circumstances shall registration as a Tatts Card member entitle a person to whom
a winning Entry Ticket is registered to claim a prize previously paid by
Tattersall’s.
11.5 Tattersall’s
will not be liable for any errors or omissions in respect of a Player’s
number selections stored on their Tatts Card and held on Tattersall’s
computer system. It remains the responsibility of the Player to check that the
numbers and/or entry details recorded on Entry Tickets are correct at the time
of issue.
12 ACCREDITED
REPRESENTATIVES
12.1 Accredited
Representatives shall:
(a) make
available entries in The Pools for purchase by the public in accordance with
these Rules; and
(b) pay prizes in The
Pools in accordance with these Rules.
12.2 Accredited Representatives have no
authority to bind Tattersall’s by contract or otherwise and Tattersall's
shall not be liable for the negligence of Accredited Representatives or acts of
Accredited Representatives which extend beyond the scope of these Rules.
12.3 Accredited Representatives shall
not be responsible for any loss, damage, or expense which may be sustained by
the Player by reason of any neglect, omission, delay or failure on the part of
Accredited Representatives, their servants, Supplementary Representatives or
agents to properly process any entry.
12.4 Tattersall’s shall not be
responsible to any Player for any neglect, omission, delay or failure on the
part of Accredited Representatives to process any entry otherwise than in
accordance with these Rules.
12.5 Supplementary Representatives have
no authority to verify the accuracy or completion by a Player of any part of an
entry or Entry Coupon. Entry at the premises of a Supplementary Representative
does not exempt the Player from being bound by these Rules and a Player
utilising a Supplementary Representative to submit an entry shall accept all
risks, losses, delays, errors or omissions which may occur in any manner in
relation to such entry or prize
payments.
13 OUTLET
SYNDICATES
13.1 Notwithstanding
anything contained in these Rules or the provision of terminal produced
materials for Outlet Syndicate entries, an Accredited Representative who
purchases an Entry Ticket for the purposes of organising an Outlet Syndicate:
(a) is not acting as an agent of
Tattersall’s for that purpose;
(b) is deemed to be the Player for the
purposes of the Act and these
Rules;
(c) must do so strictly in
accordance with the relevant provisions of its accreditation agreement with
Tattersall’s and make available to its customers conditions of sale
governing Outlet Syndicates which shall not be inconsistent with the intent of
these Rules and the relevant provisions of the Act;
and
(d) shall pay prizes to each
customer who is entitled to receive a prize in an Outlet Syndicate in accordance
with the Outlet Syndicate conditions of
sale.
13.2 Tattersall’s shall not
be liable for the payment of any prize to a participant in an Outlet Syndicate
other than a prize emanating from a winning Entry Ticket which is payable only
to the Accredited Representative as the Player and holder of that Entry Ticket.
13.3 Tattersall’s shall not be
bound by any rule or agreement between an Accredited Representative and any
person participating in an Outlet
Syndicate.
13.4 A person who purchases a
share in an Outlet Syndicate shall be bound by the conditions of sale governing
that purchase.
13.5 For the avoidance
of doubt, a share receipt issued to a customer participating in an Outlet
Syndicate is not an Entry Ticket for the purposes of these Rules and, except as
provided for in the conditions of sale governing that purchase, shall be of no
validity for prize payment or any other
purpose.
14 INTERNET ENTRIES
PURCHASED WITH TATTS.COM
14.1 A
Player may participate in The Pools via tatts.com’s Web Site if the
Player’s registration with tatts.com is current.
14.2 To register with tatts.com a
Player must:
(a) not be currently
registered as a member with
tatts.com,
(b) be an individual person,
(c) be 18 years of age or older,
(d) reside in Victoria or a
Participating or Overseas
Jurisdiction,
(e) have an e-mail
address, and
(f) establish an account
with tatts.com whereby the Player is allocated a Member ID and selects a
password (both of which must not be revealed to any other person) which are to
be used for the purchase of all entries via the Internet with tatts.com.
14.3 A Player may deposit funds into
the account established with tatts.com by the means advised on the Web Site and
will only be permitted to submit entries once tatts.com has received
confirmation from the relevant financial institution that funds have been
cleared.
14.4 tatts.com may suspend or
close a Player’s account at any time without notice and without giving any
reason and the balance of such account shall be remitted to the Player unless
tatts.com is required to do otherwise by
law.
14.5 The Player warrants that all
information provided by him or her to tatts.com via the Web Site shall be true
and correct and that he or she will immediately notify tatts.com of any change
to the information.
14.6 By using the
Internet to participate in The Pools the Player is making an offer to purchase
entries in the particular Round or Rounds of The Pools nominated by the Player,
which offer if accepted will constitute a contract made in Victoria and under
the laws of that State.
14.7 It is the
responsibility of a Player to satisfy himself or herself prior to submitting a
request for an entry that all the details shown on the relevant page of the Web
Site are correct.
14.8 Players shall
confirm their request for an entry in The Pools in the manner explained on the
Web Site.
14.9 The request for an entry
shall be accepted and confirmed by tatts.com upon allocation by tatts.com of a
ticket number which constitutes an acknowledgment of the acceptance of the entry
in The Pools and the recording of same on Tattersall’s computer system. If
a Player does not receive a ticket number in respect of an entry in The Pools,
the Player may request, either by telephone or in writing to tatts.com or
Tattersall’s, and tatts.com or Tattersall’s (as the case may be)
shall provide, confirmation or otherwise of the acceptance of the entry.
Notwithstanding anything contained in this Rule 14, the provisions of Rule 6.6
shall at all times apply for the determination of the acceptance of an
entry.
14.10 Upon acceptance of the
Player’s entry in The Pools, the Player will have the option of printing a
copy of the details of the entry by following the instructions on the Web Site
with such copy showing:
(a) the
Player’s selected numbers and where applicable, the System Entry
type;
(b) the Round date and number, or
if a Multi-Weeks entry the Round date and Round number ranges and the number of
weeks to which the entry
relates;
(c) the date and time of
purchase;
(d) the Subscription and
commission paid;
(e) the total ticket
cost;
(f) the ticket number.
Such copy of the entry can only be used as
evidence of an entry in The Pools if the details match the full ticket details
of the record referred to in Rule 6.6 in relation to such
entry.
14.11 Each request for an entry
in The Pools must be accepted by Tattersall's prior to the Close of Acceptance
of Entries
14.12 Upon acceptance of the
entry in accordance with Rule 14.9, the Player may only cancel such entry if the
Web Site allows such cancellation and only then within 24 hours from the time of
acceptance of the entry but prior to the Close of Acceptance of
Entries.
14.13 Tattersall’s shall
not be liable for any delay in accepting a request for an entry or for loss of
any nature (including loss of a chance) which results from the temporary
breakdown of, interruption to, or inability to access the Web Site or any part
or functionality of the Web Site for any purpose, or for errors which occur as a
result of any failure in the communication links provided by telecommunications
carriers or service providers, or between financial institutions and
Tattersall’s and any other circumstances beyond their reasonable
control.
14.14 Prizes won by entries
submitted via tatts.com will only be payable to the Player registered with
tatts.com by crediting the account held by that Player with
tatts.com.
14.15 A Player will not be
able to withdraw funds from his or her account held with tatts.com until
tatts.com has been provided with proof of identity, age and place of residence,
in the form required by
tatts.com.
14.16 A Player may block his
or her ability to submit entries in The Pools via tatts.com at any time by
giving written notice to tatts.com in the manner set out on the Web Site.
14.17 The use of the Internet to submit
entries by Players may be terminated at any time without notice to
Players.
14.18 Any reference to Entry
Coupons, the marking of Entry Coupons, issuance of Entry Tickets and prize
payments made under Rules 3, 4, 6, and 9 are not applicable to entries submitted
through tatts.com .
14.19 tatts.com may
change the information or the format of the information on the Web Site at any
time without notice to Players provided such changes are not inconsistent with
these Rules.
14.20 If the Web Site
allows for a Player to request anonymity and the Player does not do so,
tatts.com and/or Tattersall's shall be at liberty to publicise any
Player’s name as a prize winner. If the Web Site does not allow for a
Player to request anonymity, tatts.com and Tattersall's shall not publicise any
Player’s name as a prize winner. Nothing in this Rule shall prevent
tatts.com and/or Tattersall's publicising a Player’s suburb of residence
or the amount of the
prize.
15 RESELLERS
15.1 A
Reseller who purchases entries in The Pools on behalf of its
customers:
(a) is deemed to be the
Player for the purposes of the Act and these
Rules.
(b) must do so in accordance with
the terms of its contract with Tattersall’s;
and
(c) must make available to its
customers conditions of sale which shall not be inconsistent with the intent of
these Rules and the relevant provisions of the Act;
and
(d) shall forward prize payments to
each customer who is entitled to receive a prize in accordance with the
conditions of sale.
15.2 A person who
purchases an entry in The Pools via a Reseller must do so in the manner
specified by the Reseller at the point of purchase and shall thereafter be bound
by the conditions of sale governing that
purchase.
15.3 Any prize emanating from
an entry purchased by a Reseller shall be payable by Tattersall’s only to
the Reseller as the Player and holder of that prize winning entry. Payment of
such prizes by Tattersall's to the Reseller acts as a release and discharge in
favour of Tattersall's from all liability in respect of such winning entries and
all actions, suits, causes of actions, claims, demands and costs whatsoever
(whether at common law, in equity or under any statute) past present and future
which the Reseller or its customers or any other person may have against
Tattersall’s in respect of such winning entries and the prizes emanating
therefrom.
16 PUBLICATION OF
RESULTS
16.1 Tattersall’s will
publicise the results of each Round as soon as practicable after each Round.
Any failure on the part of Tattersall’s to publicise as aforesaid shall
not give rise to any claim for compensation on the part of a Player.
16.2 Tattersall’s shall not be
bound by:
(a) any error contained in a
publication, whether typographical, printing or otherwise, on which a Player
evaluates an Entry Ticket or bases a claim for a prize;
or
(b) any publication or announcement
of the number of Division One and/or Division Two winners or the amount of the
Division One and/or Division Two prizes, if such publication is made before the
end of the Claim Period or the amount to be paid in prizes is
finalised,
and the occurrence of a) or b) shall not give rise to a claim for compensation on the part of a Player.