for the 118th Lottery from 1 April 2007 to 30 September 2007
Part 1: The Main Lottery
§ 1 LOTTERY SPONSORS
The Nordwestdeutsche Klassenlotterie (NKL) is a state lottery sponsored by the German states of Berlin, Brandenburg, Bremen, Hamburg, Mecklenburg-Vorpommern, Lower Saxony, North Rhine-Westphalia, Saarland, Saxony-Anhalt and Schleswig- Holstein. The NKL is headquartered in Hamburg (trade register: Inferior Court Hamburg HRA 94668).
§ 2 CONDITIONS FOR PARTICIPATION
(1) Participation in the lottery is in accordance with the following rules and payout structure.
(2) Participants must be at least 18 years of age.
(3) In accordance with German law (§ 312d paragraph 4, Nr. 4 BGB), there is no right of revocation for lottery services which were exclusively placed via telephone or internet.
§ 3 LOTTERY SYSTEM
(1) The lottery consists of 6 classes or series of drawings held over a period of 6 months as specified by the Winnings Plan. Each class covers 1 month. Daily drawings will be held between April 1, 2007, and September 30, 2007 featuring one of the two following prizes: either 1 x EUR1,000,000 or 100 x EUR10,000. The daily drawing prize(s) will alternate (daily) throughout the entire lottery. In addition to these daily drawings, 4 main drawings will be held in each of the first 5 classes and 4 big main drawings and 1 super drawing will be held in the sixth class. Furthermore, a jackpot drawing and a bonus drawing will be held in each class. In the first class there will also be a drawing to determine 36 candidates for a TV show (which will take place in the 2nd class), and an Extra-Chance drawing in the 4th class.
(2) Three million (3,000,000) tickets will be issued. The following prizes will be awarded: a total of 2,133,105 cash prizes, up to 6 additional cash jackpots in the jackpot drawings as well as 710 non-cash prizes (automobiles, trips and houses) in the bonus drawings and 48 cash prizes in the TV show.
(3) Full tickets (1/1), half tickets (1/2), quarter tickets (1/4), eighth tickets (1/8) and sixteenth tickets (1/16) may be purchased for each class. Each ticket bears a number between 0,000,001 and 3,000,000 and a letter (A for 1/1 tickets, A or B for 1/2 tickets, A,B,C or D for 1/4 tickets, A,B,C,D,E,F,G or H for 1/8 tickets and A,B,C,D,E,F,G,H,I,J,K,L,M,N,O or P for 1/16 tickets.)
(4) The total payout in the course of the lottery will amount to EUR1,265,740,000, of which EUR1,243,240,000 are cash prizes and the equivalent of EUR22,500,000 are non-cash prizes. In the TV show, up to EUR1,136,000 can be won.
§ 4 TICKET PRICES
(1) Ticket prices are indicated in the Winnings Plan as well as on the tickets themselves. The prices per ticket and class are as follows: EUR140 for a full ticket, EUR70 for a half ticket, EUR35 for a quarter ticket, EUR17.50 for an eighth ticket, EUR8.75 for a sixteenth ticket.
(2) If a player purchases a ticket with a new number during the course of the lottery, the player must pay for all preceding classes.
(3) Players bear the cost of the Winnings List plus postage.
§ 5 ORDERING TICKETS
(1) Tickets are sold in the name of and on behalf of the sponsor states by lottery sales agents licensed by the Nordwestdeutsche Klassenlotterie and at the points of sale designated by the sales agents.
(2) Lottery sales agents are authorized to issue certificates for tickets which have been ordered and to then forward such certificates to the player, so long as the player didn't explicitly request the actual tickets. Ticket certificates may be issued for single or multiple tickets in single or multiple classes. Claims in connection with a ticket certificate may be made only against the lottery sales agent issuing the ticket on the basis of conditions applying to the issuance of the certificate. The present Rules also apply to ticket certificates.
(3) Individual lottery sales agents are authorized by the NKL to sell tickets via the Internet. In addition to the Official Rules, participation in the lottery via the Internet is also governed by the so-called "Supplementary Regulations" of the individual lottery sales agent, which can be found on the sales agent's website. For tickets ordered via the Internet, the lottery sales agent is authorized to issue both single and multiple-class electronic tickets.
(4) The Nordwestdeutsche Klassenlotterie is under no obligation to deliver tickets with requested numbers for any class. However, the NKL will make every effort to help players obtain the ticket numbers they request.
§ 6 TICKET PAYMENT AND WAGERING CONTRACT
(1) The wagering contract between the NKL and the participant comes about when payment of the ticket price and storage of the sale of the ticket(s) has taken place according to the following paragraphs.
(2) In order to be eligible for all winnings in a class, players must
(a) have ordered their tickets from a licensed sales agent on time (see paragraph 3 below) and made payment in full (see paragraphs 5 and 6 below) and
(b) the lottery ticket must be saved in the NKL database before the date on which the class begins.
(3) The lottery ticket is paid for on time when, by 12:00 midnight on the previous day before the beginning of a class
(a) cash, money-order or an electronic transfer covering the price of the ticket has reached the lottery agent and the lottery agent was able to attain knowledge of such transfer;
(b) a check covering the price of the lottery ticket has been received by the lottery agent and the lottery player in no way interferes with the redemption of the check;
(c) the lottery agent has authorization to debit the lottery player's bank account for the amount of the lottery ticket or has been given the lottery player's credit card account number and payment via the credit card company is completed without interference or delay caused by the lottery player, nor, after payment has been made, has the lottery player reversed a debit to his/her bank account or credit card account contradicting the charge; or
(d) the lottery agent is in possession of a written standing order to debit the lottery player's bank account and none of the disallowed conditions detailed in paragraph c (above) occur after payment.
(4) Paragraph 3 (above) is accordingly in effect for all tickets purchased after the first drawing of a class. These tickets become eligible for prizes in all remaining drawings of that class as of the day of the next main drawing of that class; in the case of the 6th class, tickets purchased after the first drawing will become eligible as of the day of the next big main, super, or jackpot drawing.
(5) If only one ticket number is in play and if the ticket is only partially paid, the lottery sales agent will keep this partial payment for the time being. When complete payment is made, paragraph 4 (above) will come into effect.
(6) If multiple ticket numbers are in play and if the total price of all tickets is only partially paid, the payment made will be applied to the tickets in the following order, provided that the paid amount is sufficient and that the participant had not made any other arrangements: a) against full tickets, b) against half tickets, c) against quarter tickets, d) against eighth tickets, e) against sixteenth tickets. In case there are multiple ticket numbers of the same type of ticket, the amount paid shall be applied to the ticket(s) with the lowest numbers.
§ 7 LOTTERY CONTINUATION AND TERMINATION
(1) Each ticket is valid only for the class for which it is issued. In the course of the lottery, lottery sales agents will offer players tickets with the same numbers for every class. Players are, however, under no obligation to purchase these tickets.
(2) In the event a ticket number is for any reason no longer available for a given class despite the fact that payment is made on time and a player cannot continue to play with the same number, that player will receive twice as many tickets or fractions of tickets with different numbers for all subsequent classes at no charge. Players will not be entitled to any further claims, nor, in particular, to compensation for any loss of winnings.
(3) Lottery sales agents will offer players holding tickets for the sixth class the same number of tickets or fractions thereof for the first class of the following lottery unless the lottery player has instructed otherwise.
(4) Participation in the lottery can be terminated at the end of any class, even if the lottery player is in possession of a lottery certificate or an electronic ticket which is valid for multiple classes.
§ 8 WINNINGS
(1) Prizes are awarded on the basis of the Winnings Plan. Should multiple drawings take place on the same day, they will be executed in the following order: first will be the daily drawing, then the main or big main drawing, then the super drawing, then the bonus drawing and finally the jackpot drawing. In the case of cash prizes, the number of winning numbers specified in the Winnings Plan for each category of prizes will be drawn as indicated on each drawing day. No ticket may be awarded more than one prize of the same amount on any given drawing day. For non-cash prizes, winning letters will also be drawn.
(1a) The extra-chance drawing will take place directly following the last drawing of the 4th class. The only ticket numbers eligible for this drawing are those which have not yet won any prizes throughout the entire lottery. Ticket numbers which are drawn in the candidate drawing for the TV show are eligible to be drawn in the Extra-Chance drawing.
(2) In the case of cash prizes, winners are determined by drawing numbers with 1, 2, 3, 4, 5 or 7 digits. Seven-digit numbers are drawn to determine the winners of prizes in the amount of EUR1,000,000 or more as well as for those categories of prizes with fewer than 30 winners. For all other prize categories, only the final digits are drawn to determine the winning numbers. The system is designed to make it possible to determine the greatest possible number of winning numbers per prize category by drawing as few numbers as possible. New numbers required to replace winning numbers drawn a second time are drawn immediately.
(3) In contrast to paragraphs 1 and 2 above, a pre-drawing will take place in the jackpot drawings of the 1st through 5th classes: a single digit will be drawn from the 10 possible digits (0-9). If the 0 is drawn, a winning jackpot number will be determined immediately according to paragraph 2 above. If a digit between 1 and 9 is drawn, the jackpot prize will be transferred and added to the jackpot drawing of the following class. In the 6th class, a winning number will be determined according to paragraph 2 above without a pre-drawing.
(4) In the case of non-cash prizes, winners are determined by first drawing seven-digit numbers and then, in the case of fractions of tickets, drawing a single letter from the letters assigned to the ticket.
(5) The main drawings, big main drawings, super drawings, bonus drawings and the jackpot drawings are held in public and carried out with the use of a mechanical drawing device under the official supervision of the Tax Authorities of Hamburg. Drawings are held on the premises of the Nordwestdeutsche Klassenlotterie at Überseering 4, 22297 Hamburg, at 8:00 a.m. on the dates indicated in the Winnings Plan. The Nordwestdeutsche Klassenlotterie reserves the right to change dates, times and the location, and any such changes will be announced by means of a notice posted on the premises of the NKL. A record describing the results of the drawings will be prepared. This will be inspected by the Tax Authorities of Hamburg. These records are the binding basis for the Winnings List. Should technical difficulties prevent drawings from taking place on these dates, these drawings can be executed in accordance with paragraph 6 below.
(6) In accordance with § 3 paragraph 1, the daily drawings, the drawings for the non-cash prizes and the extra-chance drawing will all be carried out by a TÜVcertified random number generator on the premises of the NKL on the dates indicated in the Winnings List. These dates and the locations of the drawings are subject to change. Should technical difficulties prevent drawings from taking place on these dates, these drawings will be made in accordance with paragraph 5 above.
(7) Should some drawings be broadcast on television, different drawing methods could be employed for these drawings. These drawings and their adherence to the principle of randomness will be supervised by the German government.
§ 9 WINNING TICKETS
(1) With the exception of the ticket numbers drawn in the 4 big main drawings in the sixth class, winning ticket numbers remain eligible for prizes in subsequent drawings. Ticket numbers drawn in the big main drawings are withdrawn from the lottery at the end of the day prior to the subsequent big main drawing or, in the case of the fourth big main drawing, at the end of the day prior to the super drawing.
(2) Lottery agents will regularly offer winning players the possibility to purchase tickets with numbers that have not yet been drawn in order to allow them to participate in subsequent drawings (replacement tickets).
(3) The price of such tickets is equivalent to the price of the ticket for the current class plus the total price for all preceding classes.
(4) The replacement ticket becomes eligible for play on the date of the subsequent big main drawing or super drawing when payment has been made according to § 6 paragraphs 2 and 3.
§ 10 ANNOUNCEMENT OF WINNINGS
(1) Lottery sales agents will notify players of any winnings. Moreover, winning numbers and letters and the amounts of the prizes awarded are published in the form of a Winnings List, which can be consulted on the premises of lottery sales agents or purchased from the latter. Players who play the lottery with printed tickets or ticket certificates will be sent a printed Winnings List; players who have electronic tickets will receive an electronic Winnings List with digital signature. Other announcements of prizes through media such as television, radio, video-text, newspapers and the internet, are not binding.
(2) Cash prizes quoted in announcements are based upon the purchase of a full tikket with the exception of the winnings from the TV-show, which will each be awarded, undivided, to the participant whose ticket matches the 7-digit number and one-letter combination which was drawn. The actual amount paid out varies as a function of the fraction of the ticket purchased.
§ 11 PAYOUT OF WINNINGS
(1) Players are entitled to all rights resulting from the contractual agreement covering the lottery in accordance with German law. Both the Nordwestdeutsche Klassenlotterie and lottery sales agents may demand proof that the person in possession of a winning ticket is the actual owner but are under no obligation to do so. The NKL and lottery agents are absolved of any further responsibility once payment is made to the individual in possession of a winning ticket.
(2) Cash prizes of up to EUR1,000,000 are paid out by the lottery sales agents named on the tickets upon presentation of the winning tickets. Cash prizes of EUR1,000,000 or more are paid out by the Lottery Management. Unless otherwise agreed upon, winners will take possession of non-cash prizes at the official address of the sales agent. Winners may request the cash equivalents indicated in the Winnings Plan in place of non-cash prizes.
(3) In the case of winning tickets that remain eligible for further drawings, players will receive a receipt from the lottery sales agent that entitles them to any further prizes won in subsequent drawings in the same class.
(4) The loss of a ticket should be reported without delay to the lottery sales agent from whom it was purchased. If the number of a ticket which was reported to be lost is drawn, and the ticket is not presented within three months of the date of publication of the winning number in the Winnings List, the prize will be awarded to the individual reporting the loss of the ticket.
(5) All claims to prizes expire three months after the date of publication of the respective winning numbers in the Winnings List.
(6) Lottery prizes are not subject to income taxes in the Federal Republic of Germany.
§ 12 CANDIDATE DRAWING AND TV SHOW
(1) Before the TV show, a candidate drawing will take place in which 36 candidates and additional substitute candidates will be drawn. Tickets which have been sold before the beginning of the 1st class, and in accordance with § 6 paragraphs 2 and 3, are eligible for this drawing. The candidate drawing will take place after the daily drawing on April 3, 2007 and the TV show will take place on May 12, 2007. These dates are subject to change without notice.
(2) For the candidate drawing, 7-digit numbers and corresponding winning letters will be drawn, in accordance with § 8 paragraph 6. Every candidate who is drawn and who participates in the TV show will win a minimum prize of EUR1,000. The other prizes on the TV show will be awarded randomly in a special procedure. If the TV show doesn’t take place, these prizes will still be awarded as planned. The prizes will be disbursed by the NKL.
(3) If a candidate chooses not to participate in the TV show whatsoever, or if a candidate does not participate in the preparations for the TV show, or if a candidate doesn’t take part in the TV show, then the candidate is not eligible for the EUR1,000 minimum prize. The replacement candidate is entitled to the EUR1,000 minimum prize and to a chance at winning any of the other prizes awarded during the course of the TV show.
(4) The Official Rules of the 116th NKL Lottery are in effect for the candidate drawing and the TV show.
§ 13 LIABILITY
(1) In accordance with German law (§§ 309 no. 7b and 278 BGB), the Nordwestdeutsche Klassenlotterie is not liable for damages resulting from failure to fulfill pre-contractual or contractual obligations due to deliberate intent or negligence on the part of lottery sales agents, their authorized representatives or auxiliary assistants involved in the initiation or completion of the wagering contract. This rule applies accordingly for damages due to the malfunction of technical equipment which result after the realization of the wagering contract.
(2) For the rest, the NKL is only liable for damages which are based on deliberate or grossly negligent breaches of duty by its authorized representatives and their auxiliary assistants.
(3) This exclusion of liability is not in force for damages from infraction of life, body or health.
(4) Any agreements between lottery sales agents and players that deviate from the present Rules will in no way be binding upon the Nordwestdeutsche Klassenlotterie.
§ 14 CONFIDENTIALITY AND INFORMATION
(1) The names of the ticket holders and winners are confidential in accordance with German law.
(2) For further information, and in case of any complaints, contact the NKL which is located at Überseering 4, D-22297 Hamburg, Telephone +49 (0) 40-632910-0.
Part 2: The Bonus Annuity-Joker Game
§ 1 CONDITIONS FOR PARTICIPATION
Only participants of the 118th NKL Main Lottery are eligible to participate in the Bonus Annuity Joker game.
§ 2 LOTTERY SYSTEM
(1) In conjunction with the 118th NKL Main Lottery, the Bonus Annuity Joker game will take place in 6 classes.
(2) A series of 3,000,000 individual tickets will be issued. From these tickets, 300 winners of 10-year payouts worth a total of EUR44,640,000 will be determined.
§ 3 TICKET PRICES
(1) The price per ticket and class is EUR5. Participation can begin during any class and does not require payment of tickets from previous classes.
(2) Tickets can only be purchased from the same lottery sales agent from whom the participant purchased his/her ticket(s).
§ 4 TICKET PAYMENT
(1) The lottery ticket must be paid for by 12:00 midnight on the previous day before the Extra Annuity Joker drawing.
(2) If the tickets for the Main Lottery and the Extra Annuity Joker aren't fully paid, the payment made will be first applied to the ticket(s) in the Main Lottery, and then to the ticket(s) in the Annuity Joker game, unless the participant has made other arrangements.
§ 5 WINNINGS
Prizes are awarded on the basis of the drawing of a 7-digit number according to Part 1, § 8 paragraph 6.
§ 6 PAYMENT OF WINNINGS
Ten-year payouts will be paid directly by the NKL and are inheritable.
§ 7 GENERAL REGULATIONS
When not otherwise specified, the rules of the Main Lottery are accordingly in effect for the rules of the Annuity Joker game.
NKL Nordwestdeutsche Klassenlotterie Hamburg, June 2006
In the event of differences, the official German version of the Lottery Rules is binding.