Prize Home General Terms and Conditions

1. General Terms and Conditions

1.1 RSL Art Union Lottery Draws are conducted by the Returned and Services League of Australia (Queensland Branch) ABN 79 902 601 713 (‘we’, ‘us’ and ‘our’). The RSL Art Union Lottery Draws are conducted for the purposes of funding veteran welfare and support in Australia pursuant to State/ Territory lottery licencing approvals as identified in the draw-specific Terms and Conditions.

1.2 For the purposes of these Terms and Conditions, ‘Art Union’ means the RSL Art Union Lottery Draws, ‘Draw’ means each and every individual Draw conducted by us, whether an Art Union, Trade Promotion or otherwise but does not include a Weekly Bonus Draw or a Quarterly Bonus Draw or any other Bonus Draw unless specified in the Terms and Conditions applicable to that Bonus Draw, ‘General Terms and Conditions’ means this document and ‘Terms and Conditions’ means the General Terms and Conditions and any other document incorporated by reference in these Terms and Conditions. A reference in the Terms and Conditions to the singular includes the plural and vice versa.

1.3 Additional Terms and Conditions apply to each Draw ‘Prize Home Draw Terms and Conditions’. The Prize Home Draw Terms and Conditions are available at www.rslartunion.com.au/TermsAndConditions?type=Prize+Home.

1.4 Additional Terms and Conditions apply to the RSL Art Union VIP Club, Weekly Draws and Quarterly Draws (‘VIP Club Terms and Conditions’, ‘5K Pay Day Draw Terms and Conditions’, ‘Quarterly Cash Draw Terms and Conditions’) as well as any other Bonus Draw. The VIP Club Terms and Conditions are available at www.rslartunion.com.au/TermsAndConditions?type=VIP, the 5K Pay Day Draw Terms and Conditions are available at www.rslartunion.com.au/TermsAndConditions?type=5k+Pay+Day and the Quarterly Cash Draw Terms and Conditions are available at www.rslartunion.com.au/TermsAndConditions?type=Quarterly+Cash. The Terms and Conditions for any Bonus Draw will be included as a link on our website where required.

1.5 The Draw Terms and Conditions, VIP Club Terms and Conditions, 5K Pay Day Draw Terms and Conditions, Quarterly Cash Draw Terms and Conditions and the Terms and Conditions for any Bonus Draws as well as any information on how to enter a Draw and purchase tickets form part of the Terms and Conditions.

1.6 The Terms and Conditions apply to all entries into and/ or prizes awarded in the Art Union. We reserve the right to change the Terms and Conditions at any time, subject to State/ Territory lottery licencing approval, by posting such changes on our website www.rslartunion.com.au and may notify you in writing of the changes. If you do not agree to the changes, you may request cancellation and refund of your entry for the applicable Draw in accordance with clause 8 of these Terms and Conditions.

1.7 The laws of Queensland apply to the conduct of the Art Union and the construction of the Terms and Conditions.

2. Conditions of Entry

2.1 To enter the Art Union, a person must either purchase one or more tickets in a Draw, correctly complete the details required on the ticket order form, online purchase path or as requested by our sales agent ‘Entry Details’ and nominate:

(a) themselves;

(b) themselves and another person together; or

(c) another person

as the person on the ticket and the entrant in a Draw. Art Union prizes must be transferred to the person or persons named on the ticket at the time of purchase. For example: any prize home will be registered in the name of the person or persons named on the ticket and no other person. A person purchasing a ticket, whether for themselves or someone else, is deemed to have agreed to and accepted these Terms and Conditions so far as they apply to purchasers of tickets.

2.2 For online purchases, a person nominates themselves or themselves and another person together as entrant in a Draw by establishing an online account ‘Art Union account’ in their name, or in the names of themselves and another person and using that account to purchase a ticket which is not a gift.

2.3 A person who enters a Draw (‘you, your’) is deemed to have accepted and agreed to the Terms and Conditions, unless you received the ticket as a gift. If you received the tickets as a gift, you may elect to cancel the ticket before the closing date of the Draw if you don’t agree with the Terms and Conditions. If you do not cancel the ticket before the closing date, you are deemed to have accepted and agreed to the Terms and Conditions.

2.4 Entry in the Art Union is open to Australian and overseas residents who are at least 18 years old who are not ineligible for entry ‘eligible person’. The following persons are ineligible for entry in the Art Union:

(a) a member of our management committee, including our board of directors and executive management;

(b) our employees or employees of our subsidiaries, including Mates4Mates Limited ABN 54 160 646 999;

(c) all other parties (and their employees and agents) directly engaged in conducting the Draw;

(d) a family member of a person caught by paragraphs (a) (b) and (c), including spouses, de facto spouses, parents, step-parents, siblings, step-siblings, children and adopted children; and

(e) any residents of the United States of America, United Kingdom or the European Union who have not purchased tickets in any Draw prior to 25 May 2018.

2.5 You may not enter the Art Union in the name of a corporate entity, a trust, a self-managed superannuation fund or other fund, an unincorporated association or a syndicate. Any entry where you are named “as trustee for” is also ineligible. Any trustee arrangements are internal matters for you or the purchaser and are not permitted to be stated on the ticket.

2.6 It is your responsibility as an entrant in the Art Union to ensure that you are eligible under all applicable laws (including the laws of your country if you are an overseas resident) to accept the prize should you win the Draw.

2.7 We reserve the right to disqualify entries in the event of non-compliance with the Terms and Conditions.

2.8 We may disqualify entries and cancel your tickets if we have a reasonable suspicion that your entry or ticket purchase may be associated with fraudulent, dishonest or illegal activity or with any circumstances which may compromise the integrity of the Draw.

3. Tickets

3.1 We will issue a ticket to you after we receive:

(a) all Entry Details; and

(b) payment in full for the ticket

regardless of whether received from you or another person.

3.2 Once a ticket has been issued, the details associated with that ticket (including your name and address) cannot be amended or updated, however a ticket may be cancelled and a new ticket issued with amended or updated details if you request us to do so before the closing date of the Draw. Art Union prizes must be transferred to the person or persons named on the ticket. For example: any prize home will be registered in the name of the person or persons named on the ticket and no other person.

3.3 Tickets are numbered consecutively within the licensed ticket range however tickets within multiple ticket book purchases may not be consecutively numbered.

3.4 The following pricing applies to tickets in the $5 Art Union Lottery Draws:

$5 book – 1 entry;

$10 book – 2 entries – one of which may win first prize, plus $10,000.00 bonus Gold Bullion;

$20 book – 5 entries – one of which may win first prize, plus $20,000.00 bonus Gold Bullion;

$30 book – 8 entries – one of which may win first prize, plus $30,000.00 bonus Gold Bullion;

$50 book – 14 entries – one of which may win first prize, plus $50,000.00 bonus Gold Bullion;

$80 book – 23 entries – one of which may win first prize, plus $80,000.00 bonus Gold Bullion;

$100 book – 30 entries – one of which may win first prize, plus $100,000.00 bonus Gold Bullion.

The maximum order that can be placed in one transaction is $1,000 consisting of 10 x $100 books.

3.5 The following pricing applies to tickets in the $10 Golden Treasure Lottery Draws:

$10 book – 1 entry – which may win first prize;

$20 book – 2 entries – one of which may win first prize;

$30 book - 4 entries – one of which may win first prize, plus a $30,000.00 bonus Gold Bullion;

$50 book – 7 entries – one of which may win first prize, plus $50,000.00 bonus Gold Gullion;

$80 book – 12 entries – one of which may win first prize, plus $80,000.00 bonus Gold Bullion;

$100 book – 15 entries– one of which may win first prize, plus $100,000.00 bonus Gold Bullion;

$150 book – 22 entries– one of which may win first prize, plus $100,000.00 bonus Gold Bullion;

The maximum order that can be placed in one transaction is $1,500 consisting of 10 x $150 books

3.6 Ticket books must be purchased in a single transaction. Where a ticket within a ticket book is determined as the winning entry, the bonus gold is payable on the value of the ticket book purchased which contains the winning ticket. For the avoidance of doubt, where multiple ticket books are purchased, and a winning ticket is drawn from within one of the ticket books, the bonus gold payable is calculated based on the individual ticket book value that contains the winning ticket and not based on the combined total value of the ticket book purchases.

3.7 Tickets cannot be combined to form a book with gift tickets that are purchased in the same transaction. By way of example only, where an order is placed for one $5 ticket and one $5 gift ticket, these are independent transactions and do not form a $10 book of two entries eligible for $10,000 bonus Gold Bullion.

4. Gift Tickets

4.1 Where a ticket or ticket book is purchased as a gift:

(a) the gift recipient, and not the purchaser, will be the entrant in the Draw;

(b) in the case of a ticket book gift in which one of the tickets is drawn as the winning ticket, the gift recipient, and not the purchaser, will receive any bonus Gold Bullion.

4.2 If the purchaser is a VIP member and purchases a ticket as a gift for someone else, the purchaser will be entered into subsequent Draws in accordance with the purchaser’s nominated subscription amount and not the gift recipient.

5. Multiple Entrants

5.1 Where a ticket or ticket book is purchased by a purchaser on behalf of themselves and another person:

(a) both the purchaser and the other person will be the entrant in the Draw;

(b) the purchaser warrants that they have the authority to enter the Draw and accept the Terms and Conditions on the other person’s behalf;

(c) if one of the tickets purchased is drawn as the winning ticket, any prize will be transferred to both the purchaser and the other person as joint tenants;

(d) in the case of a ticket book purchase in which one of the tickets is drawn as the winning ticket, both the purchaser and the other person jointly will receive any bonus Gold Bullion;

5.2 If the purchaser is a VIP member and nominates themselves and another person as account holders, the purchaser and the other person will be entered into subsequent Draws in accordance with the nominated subscription amount. Both account holders together will be taken to be a single VIP member for the purpose of the Weekly Bonus Draw and Quarterly Bonus Draw.

5.3 To the extent permitted by law, we will not be liable for any loss or damage whatsoever which is suffered or sustained by you or any other person as a result of the warranty given under clause 5.1(b) being incorrect.

6. Art Union Accounts

6.1 You cannot have more than one Art Union account in your name, even if the second Art Union account is in your name with another person’s name.

6.2 Details associated with an Art Union account may only be updated or amended by an account holder, unless we receive valid documentation from another person authorising them to do so. This means that if you establish an Art Union account in your name and the name of another person, the other person may amend or update the details on your Art Union account.

6.3 We will require sufficient evidence of your identity and authority to act if you contact us and request any changes to your name (or a joint account holder’s name) on your Art Union account or for a joint account holder’s name to be removed from an Art Union account.

6.4 Making any change to your Art Union account will not change the details on any ticket you have already purchased in a Draw. When a change is made to the name of an account holder or the removal of a joint account holder’s name the Art Union account will be closed. A new Art Union account will be created with the new account name details.

6.5 We may suspend, cancel, close or otherwise restrict access to your RSL Art Union account and/ or subscription at any time if we reasonably suspect or become aware of any fraud, misuse, unlawful or other irregular activity associated with your account or circumstances which may compromise the integrity of the Draw.

7. Payments

7.1 Tickets in the Art Union must be purchased in Australian dollars via the following payment methods:

(a) Cheques – make payable to RSL Art Union. All correspondence is to be directed to Locked Bag 4032, Fortitude Valley QLD 4006;

(b) Money orders – see the Prize Home Draw Terms and Conditions for directions on payment of money orders. All correspondence is to be directed to Locked Bag 4032, Fortitude Valley QLD 4006;

(c) Cash – payable at the sales kiosk in the prize home only (selected Draws only);

(d) Credit Card and Debit Card - Visa, Mastercard and AMEX;

(e) Direct Debit; or

(f) PayPal.

7.2 Only entries that have been paid for in full will be included in the Draw.

7.3 Where you wish to purchase tickets by cheque or direct debit, you must make sure that payment is received by us no less than four (4) Brisbane business days before the closing date of the Draw. The funds must clear before we will issue any tickets to you. If:

(a) the funds are not received less than 4 Brisbane business days before the closing date of the Draw;

(b) the funds do not clear before the closing date of the Draw; or

(c) the Draw has sold out prior to the funds being received or clearing;

we will issue you tickets in the next Draw, unless you request a refund.

7.4 Payments for the purchase of Art Union tickets are not tax deductible.

7.5 A ticket issued also acts as the payment receipt for the purchase.

8. Refunds

8.1 We will allow refunds for the purchases of tickets in an open Draw in the following circumstances:

(a) if you contact us and request the tickets to be cancelled;

(b) if you receive the tickets as a gift and you do not accept the Terms and Conditions;

(c) if we amend the Terms and Conditions and you do not accept the amended Terms and Conditions.

8.2 We will also refund you in the following circumstances:

(a) if you try to purchase a ticket in a Draw after that Draw is closed;

(b) if you try to purchase tickets in a Draw that is sold out;

(c) if you try to purchase tickets in a Draw via cheque or direct debit and the payment is not received by us in time, or does not clear before the closing date of the Draw;

(d) if your ticket is cancelled for any reason unless clause 15.9 applies.

8.3 Refunds will be issued via the same method in which payment was originally received, except for cash (see clause 9). If you received the ticket as a gift, the payment will be refunded to the purchaser and not to you.

8.4 We will refund the amount of the purchase in Australia dollars. We are not responsible for any currency conversion or associated fees if you are located outside of Australia.

9. Wallet

9.1 When you (or a purchaser) requests to purchase tickets using cash, we will establish a ‘wallet’ that will store the value of the cash you provided for the transaction or future transactions.

9.2 If you give us cash to purchase tickets but you give us more or less cash than required to purchase the tickets in full, we will apply the funds to purchase either the tickets you requested or as many tickets as can be purchased using the amount of cash you gave us, whichever costs the least. Any surplus funds will be stored as a balance in the wallet for future use until we are directed to apply these funds to a future order.

9.3 You may request for the balance of your wallet to be refunded, but if you do so, any balance in the wallet must be withdrawn. You cannot withdraw part of a balance.

10. RSL Art Union VIP Club

10.1 If you choose to sign up to the RSL Art Union VIP Club, the VIP Club Terms and Conditions will apply.

11. Transfer of Prizes

11.1 Where we are unable to provide you with the nominated prize, or you are unable to legally own or receive the nominated prize, or where we are unable to deliver a prize due to natural disaster, fire, theft, destruction or other circumstances beyond our control as may arise from time to time, we may at our discretion offer you a substitute prize of the same value in Australian Dollars in our absolute discretion, subject to any written directions from the relevant State or Territory gaming departments.

11.2 We will only transfer prizes and title in any property to the winner named as the entrant on the winning ticket, subject to the production and verification of valid identification. If there are two people listed as the entrant on the ticket, the prize will be transferred to both people as joint tenants. Any cost and expenses associated with transfer from the prize winner’s name to another person is the sole responsibility of the winner.

11.3 If you are a foreign resident and you are declared to be the winner of land in Australia, you may be required to obtain relevant approvals from the Australian Government authority before we can transfer the property to you. If such approval is required, you must promptly apply to the relevant authority and obtain requisite approval before the prize can be transferred to you. We may assist in this process but are not obligated to do so. You are responsible for the costs of any application and also for any costs associated with the acquisition of land by a foreign person, other than those costs set out in these Terms and Conditions. If approval is refused or not obtained within a reasonable time frame (having regard to applicable published Foreign Investment Review Board policies and procedures) we will provide you with a substitute prize of the same value in Australian dollars in accordance with legislative requirements, subject to any written directions from the relevant State or Territory gaming departments.

12. Agents

12.1 We may, from time to time, engage with third party agents to assist with provisioning the sale of tickets and facilitating entries in the Art Union. The following third-party agents are authorised by us and may receive the following commission for their contributions:

(a) AIDA For Good Pty Ltd ACN 121 276 506 (www.aidagroup.com.au, (07) 5656 0404) – an estimated 2.3% of total gross proceeds of the appeal;

(b) Concentrix Services Pty Ltd ACN 166 171 991 (www.concentrix.com, 1300 288 808) - an estimated 1.8% of total gross proceeds of the appeal;

(c) Chameleon Customer Contact Pty Ltd, ACN 152 939 654 (www.chameleoncustomercontact.com.au, 1300 136 246) - an estimated 0.4% of total gross proceeds of the appeal;

(d) Advertiser Contributions – where ticket purchases are made through affiliated online advertisers, up to a maximum of 20% of the total value of the order.

13. Privacy and Communications

13.1 Your participation in the Art Union constitutes an invitation for us to contact you in relation to, among other things, offering you tickets in future lotteries, matters relating to your ticket purchase and to notify you of the outcome of the Art Union. Please refer to https://www.rslartunion.com.au/PrivacyPolicy to view our Privacy Policy for information on how we deal with your personal information. At any time, you may elect to opt out of marketing communications.

13.2 To purchase tickets in the Art Union, you must supply at least one method of contact for ticket issuance and service messaging. We reserve the right to send you service-related communications to you subject to our Privacy Policy regardless of your contact preference. These service-related communications may include, by way of example only, updates to the Terms and Conditions, to deliver tickets purchased, updates to our Privacy Policy and anything else required to fulfil your purchase from us.

14. Disclaimer

14.1 Any and all products, brand names, logos, images and/ or trademarks as displayed or referred to on the Art Union website are owned by the respective trademark owners. We do not warrant to have an affiliation with any trademark owner referenced on this website.

14.2 We use all reasonable endeavours to ensure that information on this website is correct but we do not warrant the accuracy or completeness of the information provided and to the extent permitted by law will not be held liable for any inaccuracy, omission, variation or error. Photographs and floor plans are for illustrative purposes only and may not be to scale or depict exact prize detail or size. Art Union themes and prizes do not necessarily reflect our views or the views of our staff.

14.3 By entering the Art Union, you acknowledge and agree that you have read and understood these Terms and Conditions including in relation to eligibility requirements, alternative prize arrangements and that you are responsible for seeking your own independent legal advice prior to taking transfer of any prize.

14.4 To the extent permitted by law, including pursuant to schedule 2 of the Competition and Consumer Act 2010 (Cth), ‘Australian Consumer Law’, we shall not be liable for any loss or damage of whatsoever nature however occasioned to any person by, through or in connection with the Art Union (including but not limited to direct, indirect or consequential loss or damage or personal injury). We will not be liable to you or any winner for any financial consequences (including but not limited to any taxation liability (such as land tax or transfer duty) and/ or levy that may accrue to you or a winner, impact upon eligibility for or receipt of any pension, benefit allowance, superannuation or similar entitlement or any additional legal or other fees, including insurances on or after the transfer of any property) to you or the winner as a result of winning a prize.

14.5 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

15. Additional Conditions

15.1 Photographs and floor plans are for illustrative purposes only and some staging accessories and decorative items may not be included in the prize. Any vehicles shown are for illustrative purposes only and are not included in the prize.

15.2 Floor plans are not to scale and may not be a full representation of the prize home. For the purposes of these Terms and Conditions a Prize Home also includes a Prize Unit.

15.3 All prize values are listed in Australian currency.

15.4 Prizes cannot be transferred or exchanged, and non-cash prizes are not redeemable for cash.

15.5 Prize Homes

(a) Any rental estimates are provided for informational purposes only

(b) We will pay council rates, water and body corporate fees relating to a Prize Home for the first 12 months following the date of the Draw, excluding any water consumption fees, additional government invoked levies, or any special levies initiated by a body corporate. This part of the prize is not transferable if you sell the prize home during the first 12 months following the date of the Draw and we will not be liable for any of these expenses which arise after the date of sale.

(c) Except for the costs set out in clause 15.5(b), all other costs are solely your responsibility from the date the Prize Home is handed over to you or after 30 days from the day the winner of the Draw is decided, whichever comes first. You will also be responsible for the security, maintenance, insurance, electricity, gas, telecommunications, internet, and all other costs and expenses associated with the prize property from that date.

(d) If it is necessary for us to incur holding costs associated with securing or maintaining the Prize Home beyond the date in clause 15.5(c) because of a delay caused by you or something within your control (for example, if you are a foreign resident and do not promptly apply to the relevant authority for approval as required by clause 11.3 of the General Terms and Conditions), we reserve the right to claim reimbursement from you for these holding costs.

(e) Prize values are based on the recommended retail prices at the time of purchase (inclusive of GST).

(f) You must accept the Prize Home in its as is, where is condition, subject to legislative requirements.

(g) You acknowledge that the Prize Home may be encumbered by easements, restrictive covenants or have ongoing development covenants that may affect the Prize Home or its ongoing use. You agree to accept the Prize Home subject to any such covenant or restriction and to sign any document required in order to give effect to any ongoing responsibilities or covenants.

15.6 Gold Bullion

(a) Where the prize includes Gold Bullion, the gold is valued at the purchase price on the date of purchase.

(b) Selling costs and market variations apply when selling Gold Bullion.

15.7 Travel

(a) Where the prize includes travel, you will receive a voucher from a travel agency nominated by us in the name of the winner.

(b) Travel vouchers are not transferable and cannot be redeemed for cash. Further conditions apply, please refer to our suppliers’ terms and conditions, https://www.flightcentre.com.au/gift-card-terms-and-conditions

15.8 Cash

(a) Where the prize consists of cash or a cash component, you are responsible for any costs (including bank charges and fees) relating to the delivery of the prize or the cash component, including any fluctuations in the rate of exchange occurring between the relevant Draw date and the delivery of the prize or cash component.

15.9 Fraud

We reserve the right to withhold any payment to you where we reasonably suspect that your purchase of tickets or your use of your RSL Art Union account and/ or subscription is associated with fraudulent, dishonest or illegal activities, circumstances that may compromise the integrity of the Draw or where failure to do so would be in breach of any laws.