Swisslos Sales Outlets - Rules of Play and Terms and Rules Valid from 1 January 2019 - EuroMillions
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Swisslos Sales Outlets Rules of Play and Terms and Rules Valid from 1 January 2019
Swisslos Interkantonale Landeslotterie, Lange Gasse 20, Postfach, CH-4002 Basel T 0848 877 855, F 0848 877 856, info@swisslos.ch, www.swisslos.ch
General Rules of Play and Terms and Rules for participation via Swisslos sales outlets Valid from 1 January 2019 Contents A. General provisions Art. 1 Scope B. Participation Art. 2 Conclusion of the Gaming Contract Art. 3 Submission of participation data and corrections Art. 4 Payment of the stake Art. 5 Collection and storage of participation data C. Tickets Art. 6 Entry confirmation ticket Art. 7 Replacement ticket Art. 8 Prize claim ticket Art. 9 Vouchers D. Prizes 1. General conditions Art. 10 Presentation of entry confirmation tickets Art. 11 Deadlines 1
2. Prizes Art. 12 Prizes up to a maximum of CHF 1,000 Art. 13 Prizes over CHF 1,000 3. Replay prizes (Swiss Lotto) Art. 14 Claiming prizes at sales outlets in the Swisslos Contract Territory Art. 15 Claiming prizes at Swisslos 4. Prize payout Art. 16 From sales outlets in the Swisslos Contract Territory Art. 17 By Swisslos Art. 18 Disputes about entitlement to prizes E. Refunds, liability, promotions and final provisions Art. 19 Refunds Art. 20 Liability of Swisslos Art. 21 Promotions Art. 22 Final provisions 2
A. General provisions B. Participation Art. 1 Scope Art. 2 Conclusion of the Gaming Contract 1.1 2.1 Swisslos offers the opportunity to partici- pate in certain products (subsequently re- Participation in online products in accord- ferred to as “online products”)1 via sales ance with these Rules of Play and Terms outlets equipped with online terminals. and Rules is open only to persons who These Terms and Rules govern participa- are 18 years of age or older and have tion in these products solely in the Swisslos concluded a corresponding Gaming Contract Territory2. Contract with Swisslos. Such a contract is deemed to have been concluded if 1.2 • the participation data3 have been en- These Rules for participation via Swisslos tered into the online terminal at a sales sales outlets (subsequently “Rules of Play outlet for the purpose of transmission to and Terms and Rules for participation via Swisslos, sales outlets”) supplement the Rules of Play • the participation data has been stored and Terms and Rules of the individual prod- on the central Swisslos Gaming System, ucts. If there is any conflict with these latter an entry confirmation ticket (Art. 7) has Rules, the Rules herein take priority as spe- been printed out and handed to the cial regulations. player, and if • the player has paid the appropriate stake (Art. 5). 2.2 The provision of Art. 6 remains unaffected. 2.3 In concluding a Gaming Contract with Swisslos, the player recognizes unreserv- edly these Rules of Play and Terms and 1 The term “online products” is understood to mean: Swiss Lotto, Joker, EuroMillions, Super-Star, Sporttip and Subito! 2 ZH, BE, LU, UR, SZ, OW, NW, GL, ZG, SO, BS, BL, SH, AI, AR, SG, GR, AG, TG, TI, Principality of Liechtenstein 3 The term “participation data” is understood to mean: The player’s predictions and/or the quick picks generated, the number of the system selected (if applicable), the number of draws selected (validity period of the play slip or quick pick) and the date of the draw in which the player will participate (in the case of subscription plays, the dates of the first and the last draws in which the player will participate), the date and time of receipt of the data by Swisslos, confirmation of the stake paid and an indication of whether the player is participating in Joker and Super-Star together with the corresponding number (Joker) or combination of characters (Super-Star). 3
Rules as well as all other Swisslos provi- Art. 4 Payment of the stake sions applicable to participation in the on- line products listed in Art. 1. 4.1 The stake must be paid when submitting Art. 3 Submission of participation participation data. data and corrections If the player does not pay the stake, any 3.1 data that has been entered is cancelled and no Gaming Contract is concluded (Art. 2). The player will submit his participation data within the stipulated periods either with the 4.2 aid of physical or electronic data media or verbally. Only those sales outlets specifically desig- nated by Swisslos are authorized to accept 3.2 stakes from players to forward them to Swisslos. They are not permitted to extend It is the sole responsibility of the player to credit to players for stakes. Furthermore, submit the participation data correctly. In- they are not permitted to demand payment complete data (e.g. missing crosses) may in excess of the stakes or to ask for other need to be corrected. considerations. 3.3 Art. 5 Collection and storage Any assistance which the sales outlet staff of participation data give to the player when submitting partici- All participation data are read in or entered pation data is provided with no obligation at the online terminal and transmitted to on the part of said staff to verify the accura- Swisslos. The data is recorded at the cy of this participation data. Neither the Swisslos data processing centre and stored sales outlet staff nor Swisslos accept any and secured on a medium protected with legal liability in this connection. physical or digital safeguards until it is re- quired for evaluation. Only participation da- 3.4 ta stored on the Swisslos host in accord- The stakes wagered are always automati- ance with regulatory provisions and for cally played for the draw(s) that are accept- which a stake has been paid in accordance ing entries at the time the participation data with these Terms and Rules provide entitle- is submitted. This excludes sports bets. If ment to take part in the relevant games and sports bets are placed after closing time, can form the basis of a claim to a prize. The these participation requests will be excluded. quick picks and the Replay number are generated and selected in the Swisslos da- ta processing centre. With Subito!, pre-se- lected entries are purchased and entered as play requests. 4
C. Tickets 6.5 Content 6.5.1 Swiss Lotto, EuroMillions plus 2nd Chance, Joker and Super-Star Art. 6 Entry confirmation ticket Entry confirmation tickets for participation in Swiss Lotto, EuroMillions plus 2nd Chance, 6.1 Joker and Super-Star contain the following Only the entry confirmation ticket given to information in particular: the player after paying the stake entitles the • the participation data latter to claim a prize. • the date and time of receipt of the partici 6.2 pation data by Swisslos In the event that the data or predictions • the two-line identification code printed on the entry confirmation ticket or • for Extra EuroMillions draws, an unam- replacement ticket could not be stored by biguous nine-character combination of Swisslos in accordance with the regulatory letters and numbers (Extra Millions com- provisions, the player will be excluded from bination) per prediction or a correspond- participating, which measure is in the inter- ing section for combinations of letters est of safeguarding the secure and reliable and numbers. execution of the online products and to protect the interests of the other players. 6.5.2 Sporttip 6.3 Handover Entry confirmation tickets contain the fol- lowing information in particular: The player receives an entry confirmation ticket printed out by the online terminal after • the participation data • the participation data have been trans- • the date and time of receipt of the partici ferred to Swisslos (Art. 5) and pation data by Swisslos • the player has paid the appropriate • the two-line identification code stake (Art. 5). • the odds for the bet 6.4 Number of entry confirmation • the winning amount for a correct predic- tickets tion. One entry confirmation ticket per player is issued in accordance with Art. 6.3. 5
6.5.3 Subito! 6.6.2 Sporttip and Subito! Entry confirmation tickets for Subito! con- As soon as the player receives his entry tain the following information in particular: confirmation ticket, he should check that it is accurate and complete and in particular • the participation data • that the participation data printed on the • the date and time of receipt of the partici entry confirmation ticket are correct pation data by Swisslos • that the entry confirmation ticket con- • the two-line identification code. tains a legible and complete identifica- tion code. 6.5.4 Only entry confirmation tickets with a clear- 6.7 Objections ly identifiable two-line identification code If the player discovers errors or discrepan- may be used as proof of participation and cies on his entry confirmation ticket, he to claim a prize. This applies to all products. should inform the sales outlet staff immedi- ately. Sales outlet staff are only authorized 6.6 Verification of the entry to correct and re-transmit data if the player confirmation ticket by the player hands over his incorrect entry confirmation ticket to outlet staff for cancellation. Incor- 6.6.1 Swiss Lotto, EuroMillions plus rect entry confirmation tickets remain with 2nd Chance, Joker and Super-Star the sales outlet staff. In the case of a Swiss As soon as the player receives his entry Lotto Replay entry, it is not possible to can- confirmation ticket, he should check that it cel or correct the entry confirmation ticket. is accurate and complete and in particular No complaints or cancellations are possible • that the participation data printed on the once the player has left the sales outlet entry confirmation ticket are correct premises. Moreover, all liability on the part of Swisslos and the sales outlets is exclud- • that a Replay number is designated ed in the event that cancellation is no longer (Swiss Lotto only) possible because the cancellation period • that an Extra Millions combination is (time limit or closing time) has been exceed- printed per prediction made in the case ed or because the necessary technical of an Extra EuroMillions draw equipment is no longer available (e.g. due to technical problems, or because the sales • that the entry confirmation ticket con- outlet has closed). tains a legible and complete identifica- tion code. 6.8 Safekeeping The player is responsible for keeping his entry confirmation ticket safe in order to be able to support a claim in the event of a win 6
or refund. The ticket should be protected 7.2 from excessive heat to ensure that it re- The replacement ticket contains all the in- mains legible. Only entry confirmation tick- formation included in the entry confirmation ets with a clearly identifiable two-line identi- ticket as listed in Art. 7.5. With regard to the fication code may be used as proof of par- status of the replacement ticket and the ticipation and to claim a prize or refund. player’s rights and obligations that derive Entry confirmation tickets that are not legi- from it, the provisions of Art. 7 also apply. ble are considered void. 6.9 Priority of stored data Art. 8 Prize claim ticket In the event of discrepancies between the predictions or numbers printed on the entry 8.1 confirmation ticket and the numbers stored by Swisslos in accordance with the regula- To claim a large prize (Art. 13) or a refund, tory provisions, the latter numbers have players can ask any sales outlet to generate priority. In the event of such discrepancies, and give them a special prize claim ticket by the provisions of Art. 21.2 shall apply to any showing their entry confirmation ticket or claims made by the player. replacement ticket. Prize claim tickets ena- ble players to claim their prize without giv- ing up possession of their entry confirma- tion ticket or replacement ticket. Art. 7 Replacement tickets 8.2 7.1 It is the player’s responsibility to immediate- If a player wins a prize under a subscription ly check the accuracy and completeness of play, he can claim it, whatever the amount, the prize claim ticket and in particular even if the corresponding play is still valid. whether the prize claim ticket has a legible To do so, the player should present the identification code. Moreover, the provi- entry confirmation ticket to validate the sions of Art. 7 apply. claim (i.e. payout of prize, claiming of any Replay prizes or issuing of a prize claim 8.3 ticket in accordance with Art. 8) to any sales outlet or to Swisslos, which will then As soon as a prize claim ticket has been give him a replacement ticket. The validity generated, it becomes the sole document of the original entry confirmation ticket will with which a prize may be claimed. The be transferred to the replacement ticket. If a right permitted by this document to claim a further claim is made while a subscription prize expires when the corresponding data play is still valid, the replacement ticket itself are transferred via the sales outlet terminal can be swapped for a new replacement or as soon as the document is presented to ticket, with validity being transferred from Swisslos. The provision of Art. 18 remains the old to the new replacement ticket. unaffected. 7
Art. 9 Vouchers tification elements are illegible, for whatever reason, cannot be paid out, replaced or re- 9.1 imbursed. Some sales outlets are equipped with 9.5 self-service terminals. These terminals are connected online to the central Gaming Vouchers which are not redeemed within System, thereby allowing players the same 26 weeks of the date of issue are forfeited scope to participate in games without the and used for the charitable purpose to assistance of sales outlet staff as they which Swisslos contributes. would have with the assistance of the staff. In addition, players can use the self-service terminals to check prizes and prize payouts up to a maximum of CHF 1,000. The termi- nals also issue vouchers. D. Prizes 9.2 Sales outlet staff are authorized to ex- 1. General conditions change vouchers for cash. Players may al- so use vouchers to pay their stakes either Art. 10 Presentation of entry via the sales outlet staff or at the self-ser- confirmation tickets vice terminal. 10.1 9.3 Players wishing to claim a prize must pro- Vouchers contain the following information duce their original entry confirmation ticket in particular: or most recent replacement ticket (Art. 6 and 7) in order to validate their claim, or in • date and time of issue the event of a win as described under • identification code (voucher code) Art. 13, the prize claim ticket (Art. 8) (proof of claim). The entry confirmation ticket is • value (in Swiss francs) valid only until one or more replacement • expiry date. tickets or prize claim tickets are issued. 9.4 10.2 It is the player’s responsibility to immediate- Swisslos entry confirmation tickets issued ly check the accuracy and completeness of to players in a syndicate entitle the holders the voucher and in particular whether it has to claim their prize independently, depend- a legible identification code. Moreover, the ing on their share of the total stake. Win- provisions of Art. 6 apply. Altered or dam- nings are distributed equally among syndi- aged vouchers on which one or more iden- cate members. 8
10.3 Art. 11 Deadlines Entitlement to a prize will be lost if for any 11.1 reason the entries in the relevant proof of claim cannot be read by the online system Prizes can be claimed within 26 weeks of or if any changes or alterations have been the prize evaluation (payout release time). made to these entries. In particular, the two-line identification code on the proof of 11.2 claim must be clearly identifiable. Sporttip bet prizes and refunds can only be claimed when the payout of the last sport- 10.4 ing event listed on the entry confirmation Entitlement to a prize will also be lost if the ticket has been approved. data printed on the proof of claim does not A player with a Sporttip ticket entitling him match the data stored under the same to several prizes or refunds must claim identification code in the Swisslos data pro- them all at the same time. cessing centre. In the interest of safeguard- ing the secure and reliable execution of 11.3 draws and win displays and to protect the interests of all players, only the data held by Prizes which are not claimed within 26 Swisslos is definitive in determining the va- weeks of the prize evaluation (payout re- lidity of prize claims. This applies even if the lease time) are forfeited and used for the data stored by Swisslos has “cancelled” charitable purpose to which Swisslos con- status. tributes. 10.5 11.4 In the Swisslos Contract Territory, prizes Prizes won from subscription plays must be can be validated and paid out only on the claimed within the period specified in Art. basis of tickets issued by Swisslos in ac- 11.1, calculated from the date of public cordance with the product-specific Rules of notification of the prize evaluation out- Play and Terms and Rules and the present comes for the draw for which the claim is Rules of Play and Terms and Rules for par- being made. ticipation via sales outlets. Prizes won in the Swisslos Contract Territory cannot be 2. Prizes claimed in the Loterie Romande Contract Territory, nor can EuroMillions prizes be Participants below the mandatory minimum claimed in the Contract Territory of another age have no entitlement to the reimburse- EuroMillions Lottery Organization. ment of their stakes or the payout of wins. 9
Art. 12 Prizes up to a maximum of Swisslos. For reasons of security, the player CHF 1,000 is therefore advised to send these docu- ments by registered letter. To claim the 12.1 payout of any prizes or otherwise redeem them, the player must enter his first name Single prizes up to max. CHF 1,000 can be and last name, his full address and details claimed by producing the entry confirma- of a payment account held in his name in tion ticket (Art. 7) or the replacement ticket the space provided on the reverse side of (Art. 7) at any sales outlet in the Swisslos the entry confirmation ticket or replacement Contract Territory, subject to said outlet ticket. having the necessary liquidity. Subito! priz- es may only be claimed at Subito! sales For prizes of CHF 25,000 and more or for outlets. Subito! and sports bets including PMU of CHF 5,000 or more, the winner must pro- 12.2 vide details of his date of birth and national- ity as well as his last name, first name and Prizes as described under Art. 12.1 may be address and must also confirm that he is claimed directly from Swisslos by submit- the beneficial owner of the prize. Payout will ting the original proof of claim. The player not take place until these conditions have bears the risk involved in duly submitting been met. the proof of claim to the head office of Swisslos. For reasons of security, the player Prizes of over CHF 1,000,000 are subject to is therefore advised to send these docu- withholding and income tax. ments by registered letter. To claim a prize payout, the player must enter his first name Examples: and last name, his full address and pay- • Winnings of CHF 1,000,000: exempt ment details in the space provided on the from withholding and income tax reverse side of the entry confirmation ticket or replacement ticket or on the front of the • Winnings of CHF 1,050,000: prize claim ticket. • CHF 1,000,000 exempt from with- holding and income tax • CHF 50,000 subject to withholding Art. 13 Prizes over CHF 1,000 and income tax Single prizes of over CHF 1,000 can only be Withholding tax of 35% is deducted on the claimed from the head office of Swisslos by payout of prizes of over CHF 1,000,000. producing either the original of the entry Winners receive a withholding tax certificate confirmation ticket (Art. 6) or of the replace- for the portion of their prize on which with- ment ticket, if there is one, (Art. 7) or of the holding tax is levied. prize claim ticket (Art. 8). Moreover, the provisions of Art. 10.4 apply. The player bears the risk involved in duly submitting the proof of claim to the head office of 10
3. Replay prizes (Swiss Lotto) 15.2 Once Swisslos has received and processed Art. 14 Claiming prizes at sales the proof of claim and the ticket’s term of outlets in the Swisslos validity has expired, the player is automati- Contract Territory cally allocated the number of Replay quick Replay prizes (winnings as free quick pick picks that he has won and these are en- games) can be claimed at any sales outlet tered in a subsequent Swiss Lotto draw. in the Swisslos Contract Territory upon pro- The player receives a letter confirming en- duction of the entry confirmation ticket try, which contains the following information (Art. 6) or replacement ticket (Art. 7). When in particular: the relevant proof of claim has been read in • the number of quick picks won at the online terminal, the player is automat- ically allocated the number of Replay quick • the quick picks generated by the Swisslos picks that he has won and these are en- data processing centre tered in the next Swiss Lotto draw. The • if applicable, the number of the system online terminal then prints out a new entry selected by the player and with which confirmation ticket, which is handed to the the Replay prize was won player. When presented with an entry con- firmation ticket or replacement ticket that • the Replay number produced by the entitles the player to one or more Replay Swisslos random generator prizes, any sales outlet in the Swisslos Con- • the date of the next draw in which the tract Territory will, in accordance with the player’s Replay prize will be entered. above provisions, automatically give a Re- play prize that has been won on a Swiss Lotto and/or Joker game and will print out 4. Prize payout a prize claim ticket. Art. 16 From sales outlets in the Swisslos Contract Territory Art. 15 Claiming prizes at Swisslos 16.1 15.1 On behalf of Swisslos and in compliance Players can also redeem their Replay prizes with their payment obligation, sales outlets directly with Swisslos by sending in the in the Swisslos Contract Territory will, sub- original entry confirmation ticket or replace- ject to the available liquidity, pay out prizes ment ticket. The player bears the risk in- claimed from them (Art. 12.1) to the holder volved in duly submitting the proof of claim of a valid proof of claim. to the head office of Swisslos. For reasons of security, the player is therefore advised to send these documents by registered letter. 11
16.2 17.3 The provisions of Art. 14 apply to the pay- If a player claims to have sent a prize claim out of Replay prizes. ticket printed out by a sales outlet in the Swisslos Contract Territory to the Swisslos head office and it has failed to arrive, and if the player is able to furnish the associated Art. 17 By Swisslos entry confirmation ticket or replacement ticket, this can be used in place of the prize 17.1 claim ticket. As soon as the ticket’s term of In the case of validity expires (Art. 12), the prize payout or refund will be made to the holder who sub- • prizes up to a maximum of CHF 1,000 mitted this alternative proof of claim, unless claimed directly from Swisslos (Art. 12.2) the original proof of claim reappears else- • prizes over CHF 1,000 (Art. 13), and where. In this case, the provisions of Art. 18 apply. • Replay prizes (Art. 15), Swisslos is deemed to have met, and been released from, its obligation to pay prizes or Art. 18 Disputes about entitlement award one or more Replay quick picks to prizes when it makes a payment or an award to the holder of a valid proof of claim. If, prior to payout of a prize or redemption of a Replay quick pick, Swisslos should re- 17.2 ceive information that entitlement to a proof of a claim has been contested, it is author- Payment of legally valid cash prizes and re- ized to suspend the payout or redemption funds claimed in good time will be made in and grant the claimant a deadline by which accordance with the written instructions of to assert his superior right or prove that the the holder of a valid proof of claim (Art. question of entitlement to the proof of claim 18.1) within 30 days of receipt of said proof. warrants court proceedings. In the case of legally valid Replay prizes Swisslos will make a final decision on the claimed in good time, quick picks will be basis of the evidence presented. If the awarded within 30 days of the date of re- claimant makes the outcome dependent on ceipt by Swisslos of the relevant proof of court proceedings, Swisslos will wait until claim in the form of a written confirmation of the court has issued a final and absolute entry as described under Art. 15.2. The ruling. awarded quick picks will be sent to the ad- dress of the holder who submitted the valid proof of claim (Art. 15.1). 12
E. Refunds, liability, promotions (Art. 10) cannot be honoured on presenta- and final provisions tion (see in particular Art. 5 and 10.3), the liability borne by Swisslos shall be limited to reimbursement of the player’s stake, or Art. 19 Refunds awarding a replacement Replay quick pick. The above provisions on the claiming (Art. In such cases, any further liability on the 12 to 15) and payout (Art. 16 and 17) of part of Swisslos or a sales outlet is exclud- prizes shall also apply to refund claims aris- ed. In cases where the problem relates ing from participation in Sporttip bets. Re- solely to a Replay number, there is no enti- funds are not subject to withholding tax. tlement to a refund or replacement. They can be claimed either from a sales The stake is reimbursed or the replacement outlet in the Swisslos Contract Territory (up Replay quick pick is awarded on condition to CHF 1,000) or directly from Swisslos. that the player furnishes proof of due partic- Claims for refunds must be made within 26 ipation in a game. No reimbursement or re- weeks of the date of public notification of placement will be provided if a ticket has the prize evaluation outcome. Otherwise been tampered with in any way (Art. 10.3). they are forfeited and used for the charita- Where the problem relates only to the Re- ble purpose to which Swisslos contributes. play number, there is no right to a refund or replacement. Art. 20 Liability of Swisslos 20.3 The player bears the risk involved in duly 20.1 submitting the proof of claim to the head It is the sole responsibility of the player to office of Swisslos. Under no circumstances ensure that the participation data printed on will Swisslos accept any liability should a the entry confirmation ticket are correct. proof of claim fail to arrive at its head office. The liability of Swisslos, especially in those The provisions of Art. 17.3 remain unaffect- cases referred to in Art. 3.3, is excluded ed. whatever the legal grounds. 20.2 20.4 If for any reason the participation data can- Once the results of each draw are an- not be forwarded to or stored at Swisslos nounced, Swisslos publishes the estimated such as to allow holders of an entry confir- top-ranking prize payout for the following mation ticket or replacement ticket to claim draw via the electronic information chan- their prize in accordance with these Rules nels (ISP, Internet, online terminals) and by of Play and Terms and Rules for participa- means of a press release. The estimated tion via sales outlets, or if for any reason a top-ranking prize payout is referred to as fundamentally valid entry confirmation tick- the “jackpot” and is non-binding. No war- et or replacement ticket or prize claim ticket 13
ranty is given for the information provided. Art. 22 Final provisions Liability as regards incorrect publication of the jackpot is excluded. 22.1 These Rules of Play and Terms and Rules enter into force on 1 January 2019. There- Art. 21 Promotions after, all previous provisions issued are no longer valid. Swisslos reserves the right to In association with its promotions or adver- amend these Rules of Play and Terms and tising events (hereinafter collectively known Rules for participation via sales outlets. as “promotions”), Swisslos reserves the right to give promotional prizes to players or 22.2 to enter players into a draw for promotional prizes if they fulfil the criteria laid down by Where the English, French or Italian version Swisslos for that particular promotion. Play- of these Rules of Play and Terms and Rules ers who participate at a sales outlet will be deviates from the German version, the Ger- entitled to receive these promotional prizes man version alone is binding. in accordance with the criteria established by Swisslos. Swisslos determines the type 22.3 of promotion, its duration, the sales outlets These Rules of Play and Terms and Rules which will participate in the promotion, the (including any addendums) can be ordered promotional prizes to be offered and the from Swisslos, P.O. Box, 4002 Basel, or criteria for entry. Players who have not been downloaded from the official website at considered for a promotion cannot insist on www.swisslos.ch. taking part. Players cannot reject the pro- motional prizes offered to them. Promotion- al prizes offered cannot be exchanged or paid out in cash. They are also non-trans- ferable and may not be sold, auctioned or given away to third parties (excluding non- cash prizes). Promotional prizes can only be used during the time in which the par- ticular products are valid. TB POS E / 1.2019 14
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