Tatts Card Membership Terms

These terms are valid from 30 July 2012. 

  1. These are the Membership Terms applicable to Tatts Card membership. They are important and should be read carefully by you.
  2. You agree to the Tatts Card Membership Terms either expressly (e.g. when you expressly accept them as part of the registration process) or implicitly (e.g. when you make use of your Tatts Card to enter a lottery or otherwise make use of the benefits or services available to Tatts Card members).
  3. If you are asked to accept these Membership Terms in respect of your existing Tatts Card membership then your acceptance acknowledges that the Membership Terms replace those which applied to your existing membership, to the extent that they are different.
  4. Tatts Card membership is only available to persons 18 years of age or older.
  5. Your right to make use of your Tatts Card membership to participate in a lottery (e.g. the use of your Tatts Card to purchase an entry) is conditional upon your compliance with the Membership Terms.
  6. To use (and continue to use) a Tatts Card and to participate (and continue to participate) as a member, you must, when requested by us or a Tatts Outlet, pay the activation fee and the annual administration fee as set by us. These fees are non-refundable. Details regarding the activation and annual administration fees set by us can be found at Tatts Outlets and at tatts.com. We will notify you of any change to the fees.
  7. From 1 March, 2012 prizes registered to a Tatts Card can only be claimed if you present the relevant Tatts Card with the winning ticket(i.e. the same Tatts Card as was used to register the entry).
  8. A prize registered on your Tatts Card (other than a Division 1 prize) and not claimed within 4 weeks of the relevant draw date will be paid by cheque to you and forwarded by ordinary post to the address recorded for you on our lottery system file. Prizes in respect of multi-week entries will be posted approximately four weeks after the draw date of the last entry recorded on that lottery ticket.
  9. If a Division 1 prize is registered to your Tatts Card, we will attempt to contact you by email or telephone by the end of the next business day after the draw date, on the email address or telephone number registered to the Tatts Card.
  10. Division 1 prizes will be paid either by cheque in person at our offices, or, if we agree (at our absolute discretion) to a request by you, by cheque forwarded by courier or by electronic funds transfer into an account with an Australian branch of a bank carrying on business in Australia.
  11. We may request either a statutory declaration of ownership or the original lottery ticket be produced prior to the payment of any prize registered on your Tatts Card.
  12. A nominal handling fee inclusive of GST may be deducted from those prizes over $5.00. We will give you notice of the introduction or increase of any fee at least 30 days before the change. Prize cheques for which a 'stop payment' is placed at your request, or which have been cancelled, returned or re-issued as a result of your failure to keep your details current, may incur additional handling/service fees to cover any costs imposed on us by third parties, including those fees charged by the bank of issue, and may be deducted from the value of the prize.
  13. Prize winning lottery tickets are bearer documents and any prize payment by us to a person surrendering a winning lottery ticket shall discharge any liability we have in respect of that winning lottery ticket, irrespective of whether the lottery ticket is registered to a particular Tatts Card member or not.
  14. We assume no responsibility or liability for lost or stolen tickets or Tatts Cards and under no circumstances shall registration as a Tatts Card member entitle a person to whom a winning ticket is registered to claim a prize previously paid by us to a person surrendering a winning ticket and Tatts Card (where applicable) to us or a Tatts Outlet. If your ticket or Tatts Card is lost or stolen you should tell us immediately. If you tell us in adequate time and before the prize is claimed, we may be able to stop payment of the prize.
  15. Notwithstanding anything else in the Membership Terms, if a prize is registered to your Tatts Card by mistake (e.g. if you are not the true owner of the ticket but the ticket has been mistakenly registered to your Tatts Card) and we pay you the prize, you are to reimburse us the amount of that prize upon demand. Where it comes to our attention that we have paid you a prize in error, we will notify you as soon as possible.
  16. It is your responsibility to ensure that the personal details and address provided to us by you for recording on our lottery system file are correct, complete and accurate at all times, and not misleading or likely to mislead. You must promptly notify us of all changes. In order to effect some changes, you may be required to complete a change of details form made available by us. You acknowledge that we rely on this information provided by you to, amongst other things, send you prize cheques.
  17. The Tatts Card remains our property. We reserve the right to withdraw the card and terminate the Tatts Card membership program at any time by giving you at least 30 days notice and to pay out any prize moneys which may be outstanding. You may continue to use your Tatts Card in accordance with the Membership Terms during the notice period. Where we withdraw your Tatts Card in accordance with this section, no fees or charges will be payable by you and you will be entitled to claim a pro rata refund of the administration fee for any remaining period of membership after the date of termination.
  18. If you have committed a material breach of any of the Membership Terms including, for example, if we become aware or reasonably believe that your Tatts Card may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions or has been misused, or been subject to unauthorised use we may, without limitation to such other rights and remedies we may have, terminate your membership. We will notify you as soon as possible of the termination.
  19. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable for any errors or omissions in respect of numbers stored on our lottery system or any inability to record or retrieve numbers stored on your Tatts Card or to otherwise access our lottery system for any purpose, save to the extent that such errors, omissions or inabilities arise from our negligence or wilful misconduct or that of any of our officers, employees or agents. It remains your responsibility to check that numbers and/or entry details recorded on lottery tickets are correct at the time of issue.
  20. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, Tatts Card membership is at your own risk and you relieve us of any liability to you whatsoever (whether in contract, tort or otherwise) for any loss or damage suffered by you as a result of your membership or as a result of your use or attempted use or reliance on any information, service or facility provided to you as a Tatts Card member, save to the extent that such loss or damage arises from our negligence or wilful misconduct (or that of any of our officers, employees or agents).
  21. It is a condition of membership that you consent and authorise us to collect, use and disclose information supplied by you on your application form and other information which we collect in relation to you and your membership for the purposes described in the Membership Terms. If you do not provide the required information, we cannot process your application. Your personal information will be dealt with in accordance with Tatts Group’s Privacy Policy which is available for inspection at www.tattsgroup. com/legal/privacy.
  22. Information about you which is provided by you on your application form is used by us to assess and process membership applications and to inform you of prizes won by you. The information is also used for the purposes of carrying out marketing, planning, product development, administration and conduct of the Tatts Card program and research. You consent and authorise us to also disclose this information to our agents, contractors and to other companies in the Tatts Group so they can use it and disclose it to their agents and contractors, for the purposes of marketing, planning, product development, administration and conduct of the Tatts Card program and research. We may also disclose this information to any person who is the bearer of a lottery ticket that is registered to your Tatts Card, for the purposes of the administration and conduct of the Tatts Card program. We may also disclose your Tatts Card number on the customer display screen when you choose to use your Tatts Card during a lottery transaction. It is a condition of membership that you consent to these uses and disclosures of your information by us. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.
  23. By becoming a Tatts Card member you consent to us contacting you by email and/ or SMS to provide you with information about upcoming events, promotions, new products and services or other similar opportunities. Each time we contact you with direct marketing, we will provide you with the opportunity to opt-out from receipt of direct marketing activities and we will promptly act on your request to opt-out. If you do not wish to receive these communications, you can opt-out of any or all of them at any time by updating your communication preferences by contacting us.
  24. We may vary any of the Membership Terms by getting your consent or complying with this section. The steps we must take depend on the type of variation. If we reasonably consider that any change to the Membership Terms is likely to benefit you or be of immaterial detriment to you, we can make the change immediately and do not need to notify you. We will notify you of any other change to the Membership Terms either by (at our election) mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring, or by email to the email address provided to us by you, sent by us at least 30 days prior to the change occurring. The notification will specify the date of commencement of the change to the Membership Terms. If you consider that any change to the Membership Terms is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding.
  25. Where we are required or permitted to give you a notice under the Membership Terms, we may do so, if the notice is about a variation of the Membership Terms, by complying with section 24, or otherwise, in any way, including by giving you the information in person (whether it be provided by us or our agents), or giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us, or making the information available at tatts.com.
  26. Where we give you notice:
    • in person, it is taken to be received by you at the time we give it;
    • by mail, it is taken to be received by you on the day after posting;
    • by email, it is taken to be received by you when the email is sent, regardless of any response to the email; and
    • by making information available on tatts.com, it is taken to be received by you at the time the information is made available on tatts.com.
  27. Where you are required or permitted to give us a notice under the Membership Terms, you may do so by giving us the notice by:
    • mail addressed to Locked Bag 7, Coorparoo DC QLD 4151; or
    • email to customersupport@tattersalls.com.au.
  28. Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.
  29. We shall not be bound by any agreement made between two or more people concerning the sharing of prizes.
  30. We may assign our rights and obligations under the Membership Terms to other companies in the Tatts Group and we will give you notice no later than 30 days after any such assignment occurs. Otherwise, we may assign our rights and obligations by giving you notice in accordance with section 25. If you consider that the assignment is detrimental to you, you may terminate your membership without any fees or charges, and we will pay out any prize moneys which may be outstanding.
  31. The Membership Terms are to be read in conjunction with the Rules which are available for inspection at Tatts Outlets and on our website (tatts.com). In the event of any conflict between the Membership Terms and the Rules, the Rules will prevail to the extent necessary to resolve the conflict.
  32. Nothing in the Membership Terms affects your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
  33. The laws of Victoria govern the Membership Terms. Each of us submits to the jurisdiction of the courts of the State of Victoria.
  34. Any non-enforcement by us of any of our rights under the Membership Terms will not constitute a waiver of those rights. Any waiver by us of any of our rights under the Membership Terms will not constitute a waiver on any subsequent occasion.
  35. There are sections in the Membership Terms which cross reference or link to information on tatts.com. Unless the context otherwise requires, that cross reference or link is not intended to make the cross referenced or linked information a part of the Membership Terms.
  36. In the Membership Terms:
    • headings are for convenience only and do not affect interpretation;
    • "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
    • a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
    • if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • "includes" in any form is not a word of limitation;
    • a reference to “Tatts Card” has the same meaning as a reference to “Player Card” in the Rules; and
    • a reference to "$" or "dollar" is to Australian currency.
    • “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    • “Membership Terms” mean the Tatts Card membership terms contained in this document as amended from time to time.
    • “Rules” means the rules made by Tatts in Victoria and Tasmania and by Tatts NT in the Northern Territory governing the conduct of public lotteries in the relevant jurisdiction.
    • "Tatts" means Tattersall's Sweeps Pty Ltd (ACN 081 925 662).
    • "Tatts NT" means Tatts NT Lotteries Pty Ltd (ACN 146 244 984).
    • “Tatts Outlet” means a retailer appointed by Tatts.
    • “Tatts Group” means Tatts Group Limited (ACN 108 686 040) and its related bodies corporate (as that term is defined in the Corporations Act).
    • "You" and "your" means you, the Tatts Card member.
    • “We”, “us” and “our” means Tatts if your registered address is in Victoria or Tasmania and means Tatts NT if your registered addres is in the Northern Territory.

30 July 2012