Terms And Conditions

1. General Rules

1.1 Who we are and application of these General Rules

1.1.1 'Everyday Lucky.com.au' is the trading name of Everyday Lucky Pty Ltd (hereafter 'Everyday Lucky'), ACN 088 326 612, a company incorporated in Australia under the Corporations Act 2001 (Cth.) All references to 'we', 'us' and 'our' in these General Rules ('Rules') are a reference to Everyday Lucky.

1.2 General

1.2.1 You agree that the service offered by www.EverydayLucky.com.au is the ability to purchase a raffle ticket in a draw, win or lose.

1.2.2 By opening an Account, you are deemed to have read and accepted these Rules and Everyday Lucky's Privacy Policy. You can view our Privacy Policy on our website located at www.Everyday Lucky.com.au, or any pages or websites under the 'Everyday Lucky' brand and any Everyday Lucky mobile phone or Everyday tablet applications that are owned and/or operated by us ('Website') or by clicking on this link https://helpcentre.Everyday Lucky.com.au/hc

1.2.3 You agree that by opening and operating an Account you have read and accepted these Terms and Conditions and agree to be bound by these Terms and Conditions, which you acknowledge may be amended from time to time.

1.2.4 Should you have an enquiry about the application of these Terms and Conditions to the use of your Account, you may wish to:

(a) lodge an enquiry via our Help Centre;

(b) check the Rules;

1.2.5 Everyday Lucky reserves the right to change, amend or add to these Rules and the Privacy Policy at our discretion, and will publish such changes on our website. You agree that any changes, amendments or additions published on our website will be taken to be effective immediately. It is the Member's responsibility to ensure that they are aware of the current Rules and Privacy Policy.

1.2.6 You acknowledge and agree that by using, browsing or otherwise accessing Everyday Lucky’s Website, including where your Account has been migrated to Everyday Lucky from a third party or related body corporate or where you remain a customer of one of our related bodies corporate and use Everyday Lucky’s platform to play, you agree to be bound by these terms and conditions of use, and our Privacy Policy.

1.2.7 You agree that Everyday Lucky (or third parties authorised by Everyday Lucky) may send you marketing and promotional messages that are relevant to your relationship with Everyday Lucky. These messages may be sent via different channels, including by email, SMS and phone. You may opt-out of receiving these messages (either altogether or via a particular channel) by updating your contact preferences in your Account, or by using any other unsubscribe facility we provide, in accordance with these Rules and any other applicable Terms and Conditions.

1.3 Member obligations

1.3.1 Members are responsible for ensuring that their Account details such as their address, telephone number, email address and payment/bank details (including any Credit card expiration details) are kept up to date and to notify us immediately of any incorrect Account details.

In the event that a Member has not kept their Account details up to date, we reserve the right to suspend the Account. Members are responsible for complying with their own local, national or state laws concerning the use of the Everyday Lucky platform or any associated websites prior to either applying to become a Member or purchasing a ticket on their Account. In particular, if you are a resident of a country where online or telephone playing is prohibited, you must not register with us, attempt to use our services or use your payment card or other payment method to bet with us.

For legal or commercial reasons, we do not permit Accounts to be opened by, or used from, customers who reside in certain jurisdictions, including the countries listed in this link https://helpcentre.Everyday Lucky.com.au/articles/1 ('Restricted Jurisdictions'). The list of Restricted Jurisdictions may be changed by us from time to time by updating this link and you will be deemed to be aware of and accept any changes to this list. If you are within a Restricted Jurisdiction, you agree that you shall not (whether intentionally or not):

open an Account;
use or attempt to use an Account or our services; or
bypass or attempt to bypass any measures we may use to prevent or restrict access to our services.

2. Your personal information

2.1 You agree that by opening and operating an Account you have read and accepted our Privacy Policy, which you acknowledge may be amended from time to time, and which is available:

(a) at Everyday Lucky.com.au/privacy-policy;

(b) on the EVERYDAY LUCKY App.

The personal information (as defined by the Privacy Act 1988) of Everyday Lucky's customers may only be stored, accessed, used or disclosed offshore where such storage, access, use or disclosure is in accordance with all Australian laws, including the Privacy Act 1988, and Everyday Lucky's Privacy Policy.

2.2 This clause survives termination of your registration with us.

3. Eligibility for an Account

3.1 To access our Products, you need to become a Member by opening an Account.

3.2 By opening an Account, and each time you make an offer to purchase Products from us, you warrant that:

(a) you are an individual person (unless otherwise specified in the Terms and Conditions or agreed by us);

(b) you are at least 18 years of age (or older if required by any laws applicable in your place of residence or in any jurisdiction in which you are located when transacting with us);

(d) your registration and the opening of an Account with us does not contravene any law applicable to your place of residence or in any jurisdiction in which you are located when transacting with us.

A person that successfully applies for an Account with Everyday Lucky must then comply with the matters set out in Clause 6.1 (Member identification requirements) to our satisfaction to fully activate their Account and withdraw funds.

4. Opening an Account

4.1 If you wish to become a registered user of Everyday Lucky’s website or app, you will need a user account which is recognised by Everyday Lucky, which may at our discretion include a user account migrated from third parties and related bodies corporate or an existing account we have approved for use on Everyday Lucky’s platform.

A 'Member' is a person who holds an Account, and any reference to 'you' or 'your' in these Rules is a reference to a Member.

4.2 To open an account with Everyday Lucky ('Account') you must be aged 18 years or older.

4.3 When opening an EVERYDAY LUCKY account, you will be allocated a username and will be required to nominate a password and to provide other verification information before your application is approved and your Account is opened.

4.4 You may change your password or other verification information or suspend access to your Account at any time by contacting us in the manner set out in clause 1.2.4. If you disclose your password to anyone (inadvertently or otherwise) you agree to immediately contact us and/or change your password.

4.5 Unless otherwise authorised by us, you must only hold one Account for each Approved Jurisdiction.

4.6 You acknowledge that your access to EVERYDAY LUCKY Web Services and EVERYDAY LUCKY Data is entirely at the discretion of the Everyday Lucky Group. The Everyday Lucky Group may refuse to grant you access to EVERYDAY LUCKY Web Services, or suspend, modify or terminate your access to EVERYDAY LUCKY Web Services for any reason whatsoever.
Without limiting the above, the Everyday Lucky Group expressly reserves the right to immediately terminate your access to EVERYDAY LUCKY Web Services at any time if it decides, at its sole discretion, that you have breached these Terms of Use or you have engaged in conduct that the Everyday Lucky Group considers to be inappropriate or unacceptable.

5. Warranties of personal details

5.1 You, the customer, warrant that the personal details that you provide in order to open a EVERYDAY LUCKY account are true and correct in every respect and that they are your own personal details (and not details of another person). You acknowledge that it is an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) to knowingly give information that is false or misleading to a reporting entity (such as EVERYDAY LUCKY).

5.2 We rely on the information you provide being true, correct and not misleading. If we have reasonable grounds to suspect that the warranty set out in Clause 5.1 is false, and/or any information you provide to us is untrue, incorrect or misleading:

(a) we may suspend or close your Account;

(b) we may cancel or void and dishonour any Product purchases or offers to purchase Products made by you, and we will not be obliged to pay any winnings which might otherwise have been payable to you;

(c) we may retain (or recover from you) the value of any cancelled or voided Product purchases and any winnings paid to you; and

(d) we may report the matter to law enforcement authorities and regulatory bodies.

5.3 It is your ongoing responsibility to keep us informed of any changes in the information you have given us in connection with registering as a Member. You agree to notify us if your residential address or other contact details change.

6. Verifying your identity and Anti-Money Laundering and Counter-Terrorism Financing Laws

6.1 – Acknowledgement of the law

You acknowledge that the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires us to collect information about you including (without limitation) your full name, date of birth and your address in order to identify you, and to verify your identity when you open an Account as required.

6.1.1 You acknowledge that your Account will be blocked for withdrawals, and that you cannot close your Account, until your identity has been verified either by post as required (using an Account ID Verification Form) or online by providing certified identity documents as requested by us or by verifying your identity to a EVERYDAY LUCKY representative.

6.1.2 You agree that your Account will be suspended if your identity has not been verified either online or upon receipt of the required identification documentation within 3 days from the day on which the request for verification was opened.

6.1.3 You acknowledge that the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires us to re-verify your identity from time to time. We reserve the right to block withdrawals, suspend or close your Account if we cannot re-verify your identity from time to time.

6.1.4 You acknowledge that your Account will only be reinstated, or the withdrawal block lifted, within a reasonable period of time after we have been able to verify (or re-verify) your identity either online or upon receipt of the required identification documentation. If you are unable to verify your identification you acknowledge that at that time, we must close your Account and pay any balance in the Account to the relevant state regulatory body, as required by law.

6.1.5 Without limiting clause 6.1, where EVERYDAY LUCKY:

(a) detects unusual behaviour on your Account, and/or

(b) considers that either you or your Account transaction history may represent a risk to EVERYDAY LUCKY's business, and/or

(d) your conduct or your Account transaction history constitutes a breach of the applicable Playing Rules and/or gives rise to an integrity concern,

(e) account activity that may constitute behaviours of money-laundering including, but not limited to:

- depositing and quickly withdrawing large amounts of money

- the use of multiple accounts to transact

- depositing of money and not transacting with the site

- depositing money from known or flagged bank accounts or funds accounts

EVERYDAY LUCKY may:

(f) request further information from you including (without limitation) to further verify your identity and source of funds (e.g. your credit card or bank statement);

(g) suspend your Account or the ability to withdraw funds from your Account at any time with or without prior notice to you; and/or

(h) close your Account(s) permanently with or without prior notice to you.

6.1.6 You agree that in order to assist us to make this assessment, we may, in line with our Privacy Policy, disclose your personal information to Third Parties, such as, but not limited to, law enforcement agencies, both in Australia and overseas, to the organisations that assist us to verify or re-verify your identity (including credit reporting agencies) and "World-Check" screening services.

6.2 Member identification requirements

6.2.1 Members are required to provide Everyday Lucky with adequate identification information for the purposes of complying with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ('Act'). The Act provides for Australian Government standards of identification for proof of name, age and residential address, with which Everyday Lucky is required to comply for the purposes of: (a) considering an application to open an Account and (b) operating an Account.

6.2.2 Everyday Lucky may be required by the Act to verify a Member's ‘identification information’ (‘ID’) within 3 days of the Member opening an Account. If a Member's ID is not verified within 3 days, their Account will be suspended and the Member will be unable to withdraw funds from their Account until it is verified.

6.2.3 Member ID means your name, residential address ('address') and date of birth, as provided to Everyday Lucky upon applying for your Account. Members who do not provide full details up front may have their Accounts suspended, without notice, pending an investigation.

6.2.4 After a Member registers with Everyday Lucky, the Member accepts and consents to Everyday Lucky supplying the Member's ID to a third party for the purpose of ID verification and re-verification (as applicable), which may involve checking the Member's ID against third party databases and/or credit headers. The verification process available is not perfect and we cannot verify all Members in this way. This is not a fault of individual Members. No personal financial information of a Member is passed between third party ID verification providers and Everyday Lucky. Everyday Lucky may also use other public information services to confirm a Members' identity.

6.2.5 Everyday Lucky also requires proof of a Member's current address. If the Member's address is not on the front or back of one of the types of photographic identification referred to in Rule 6.2.1., the Member must provide proof of current address acceptable to Everyday Lucky. Acceptable proof of current address in such circumstances may include, at Everyday Lucky's discretion, a certified copy of one or more of the following documents (which must be dated no more than 3 months prior to the date that the Member provides the document to Everyday Lucky):
a) a rates notice;
b) a utility bill.

6.2.6 All certified documents must be produced in the English language or they will be rejected. Everyday Lucky reserves the right to carry out checks on the individual certifying documents and to get in touch with them to verify the validity of the document. Everyday Lucky may in its discretion reject certified documents for any reason.

6.2.7 Everyday Lucky may at any time request acceptable photographic identification and proof of a Member's current address from a Member to ensure that all information supplied by the Member is up to date. This may require official certification of a Member's ID documents upon our request.

6.2.8 Should a Member deliberately falsify any ID or any other details for any purpose associated with applying for an Account or transacting on the Account, Everyday Lucky reserves the right to suspend the Account and/or close the Account without prior notification to the Member.

6.2.9 If a Prepaid/Virtual/Electronic/Travel/Debit/Credit card is to be used by a Member to fund the Account, legible copies of the front of the applicable card may be requested by Everyday Lucky for its approval. Everyday Lucky reserves the right at its discretion to refuse to accept a Credit card including but not limited to in circumstances where the Credit card is dishonoured. Credit cards used to fund a Member's Account must match the Member's Account details. Credit cards with a name other than that which is registered with Everyday Lucky for the Account in question will be refused and the Account may be suspended until proof of consent is provided by the third-party cardholder. Everyday Lucky reserves the right to request a copy of the front of the card registered on the Account at any time. Receipt of a card is no guarantee of Account activation/re-activation.

6.3 Account security

6.3.1 A Member is responsible for ensuring that their user name and security details (including any personal identification number ('PIN'), password or Account number) are kept confidential. If a Member suspects that their Account details may no longer be confidential or that there may have been unauthorised use of their Account, they must notify Everyday Lucky immediately, and Everyday Lucky may provide the Member with new Secure Member Details. Where Everyday Lucky provides the Member with new Account details, Everyday Lucky reserves the right to invalidate any future transactions which attempt to utilise the previous Account details of that Member.

6.3.2 Where a Member wishes for another individual to have access to their Account or any Account details (including any family member, business or corporate entity or any other person whatsoever), this must first be approved by Everyday Lucky and details for that person provided. Everyday Lucky may refuse such request for access at its discretion. A Member remains solely responsible for their Account including but not limited to transactions, purchases and Account changes made by any authorized individual. Everyday Lucky reserves the right to request full certified identification documentation from any proposed nominee.

6.3.3 Members will be responsible for all purchases on their Account in which their Account details are used.

6.3.4 Members should check the balance of their Account each time they log on to their Account or at the time they purchase a ticket. In the event of a query, it is the Member's responsibility to notify Everyday Lucky immediately.

6.3.5 Everyday Lucky's Website contains adult content and is intended for use by persons over the age of 18.

6.3.6 In order to use the Everyday Lucky App we advise that location data from your device while using the app will be accessed and used by our integrated security systems to alert us to suspicious activity, for the purpose of protecting your account security and preventing fraud.

6.4 Only you may use your Account

6.4.1 Only you may transact on your Account. By opening an Account, you warrant to us and agree that:

(a) you are the lawful owner of any funds you deposit into or withdraw from your Account, and you will not deposit into your Account any funds that are derived from illegal activities;

(b) you will not use or transact on your Account on behalf of, under the direction or assistance of, or for the benefit of any other party;

(d) you will make every effort to prevent the use of your Account by any Third Party, and you will not allow any other party to access your Account, the Everyday Lucky app and/or associated websites, or transact or purchase Products using your Account; and

(e) you will not disclose your username or password or other verification information to any other person.

6.4.2 We do not recognise or acknowledge anyone other than you, as Account holder, in relation to the Account or any transactions on it or funds contained in it.

6.4.3 You will be responsible and liable for any use of your Account and Products purchased through your Account and we have no Liability for any Loss to you or others in this regard and your Account will be charged accordingly for such purchases and any associated fees and charges.

6.4.5 We will only accept offers to purchase Products from you in an Account opened in your name and where sufficient funds are available in your Account to purchase the products.

6.4.6 If we have reasonable grounds to suspect that you have breached any part of this clause 6.4:

(a) we may suspend or close your Account;

(b) we may cancel or void and dishonour any product purchases or offers to purchase products made by you, and we will not be obliged to pay any winnings which might otherwise have been payable to you;

(c) we may retain, or recover from you, the value of any cancelled or voided product purchases and any dividends paid to you; and

(d) we may report the matter to law enforcement authorities and regulatory bodies.

6.4.7 If you request us to make payments directly to you, we will only make payments to your registered address or designated Account, unless otherwise agreed by us. We will not be liable for any delayed or lost mail nor will we be liable if you do not receive your withdrawn funds as a result of any incorrect information provided by you to us.

6.5 Minors

6.5.1 You must not allow a minor to use your Account.

6.5.2 You must not disclose any of your Account details, and in particular your security details (PIN/password) to any minor. If you use fingerprints or facial recognition to login or access any EVERYDAY LUCKY Mobile Application or website, you must not register the fingerprint or face of a minor to your device.

6.5.3 If we have a reasonable belief that a minor has used your Account, you acknowledge that we may cancel any such Account transactions and refund the transaction performed to your Account and/or close your Account at our discretion.

6.5.4 In the event that we become aware or reasonably believe that you have breached any obligation in this clause 6.5, we reserve the right to immediately suspend your Account until we have fully investigated the possible use of your Account by a minor. We are not liable to you in any form for your inability to place any purchases during any period of time during which your Account is suspended.

7. Withdrawals and deposits

7.1 General Information

7.1.1 Information regarding how to make withdrawals and deposits from your Account is available on Everyday Lucky.com.au, or through the tutorial found on the Everyday Lucky App and associated websites.

7.1.2 We try to ensure that the balance of your Account is correct at all times. Nevertheless, you should check the balance of your Account and transaction history frequently and bring any apparent disparity to our attention immediately by contacting us.

7.1.3 You are the only person permitted to deposit funds into or withdraw funds from your Account. Any account used for this purpose must be in your name.

7.2 Deposits and withdrawals

7.2.1 Deposits into an Account can be made by means of Credit card, BPay (for Australian residents only), Paydo deposits (for Australian residents only), and direct banking deposits only. Everyday Lucky reserves the right to remove or restrict payment methods for Members who reside outside Australia.

7.2.2 Everyday Lucky reserves the right to remove or add payment options from time to time. Current available payment methods can be viewed within the 'My Account' section of our Website when you are logged in to your Account and when transacting with the App.

7.2.3 If Everyday Lucky determines that funds deposited are not for the purpose of engaging with the platform, Everyday Lucky may in its discretion decline the deposit, return the funds to the bank account used to fund the Everyday Lucky Account, and close the Member's Account.

7.2.4 If Everyday Lucky determines that the funds deposited are not from a funding instrument in the Member’s name or are not expressly authorised to be used by them, Everyday Lucky reserves the right to decline the deposit and return the funds to the original payment method. If this determination takes place after purchases have been placed, Everyday Lucky reserves the right to void any resulted or pending purchases on the Member’s Account.

7.2.5 Members agree that as the account holder, you are the only person permitted to use your Everyday Lucky account (including accessing, purchasing tickets, depositing funds into, and withdrawing funds from your Account). Third party bank account holders or credit card holders must not transact on an Account that has not been registered in their name. Members must use their own or joint deposit and withdrawal methods. If Everyday Lucky detects third party payments on an Account, Everyday Lucky reserves the right to suspend the Account and may request confirmation of permitted use from that third party.

7.2.6 If Everyday Lucky determines that there is not enough information to prove the owner of a particular payment option, we reserve the right to request certified documentation as proof of ownership prior to making any decision.

7.2.7 Everyday Lucky reserves the right to check directly with the Member’s funding institution that supplied the payment option used to deposit to confirm that the details provided by the Member to Everyday Lucky are valid and correct.

7.2.8 Everyday Lucky requires that any deposits into a Member's Account be turned over at least once prior to authorising a withdrawal from the Member's Account.

7.2.9 Everyday Lucky reserves the right to waive Rule 7.2.8 should the Member be if an error is made during a transaction, or for any other reason, determined at our discretion.

7.2.10 By depositing to Everyday Lucky you accept that at its discretion, Everyday Lucky may require a Member to return the value of their deposit back to the original funding instrument.

7.2.11 Everyday Lucky must comply with the Act. Should we consider that a deposit or withdrawal may potentially be fraudulent, we reserve the right to request proof of deposit or withdrawal bank account information to verify that the information provided is true and correct prior to permitting funds to be withdrawn from the Account.

7.2.12 If Everyday Lucky determines that the risk presented from a payment to or from an Account to be undesirable, Everyday Lucky reserves the right to cancel the deposit or withdrawal.

7.2.13 Subject to Rule 7.2.14, Everyday Lucky does not charge Members for Credit card deposit or withdrawal fees, although Credit card holders may also incur a banking fee by their own banking institution on depositing funds with Everyday Lucky, this is the Credit card holders responsibility to pay.

7.2.14 Everyday Lucky reserves the right to pass on any transaction processing fees to Members who we determine to make deposits into their Account for purposes other than engaging with the platform.

7.2.15 If Everyday Lucky successfully identifies third party transactions on an Account, Everyday Lucky reserves the right to remedy the situation in its absolute discretion. Members accept that Everyday Lucky will review each situation on a case-by-case basis taking into account deposits, withdrawals, purchases and any other information available. Members accept that when an Account has not been operated on a good faith basis (including where a person fails to disclose their identity or payment information) that Everyday Lucky may refuse future transactions and either allow or retrospectively void existing transactions at its discretion.

7.2.16 Everyday Lucky reserves the right to place limits on deposits and restrict or prohibit withdrawals on any Member's Account if the Member has not fulfilled the ID requirements specified in Rules 11-19 (inclusive) until those requirements have been satisfied.

7.2.17 Where a Supplementary Account (i.e. where one Account is already open) with Everyday Lucky exists, Everyday Lucky attempts to ensure it is closed. Supplementary Accounts are in breach of Everyday Lucky's Rules, however Members are responsible for transactions on all Accounts they hold. This includes transferring self-exclusions and deposit limits to Supplementary Accounts.

7.3 Placement and acceptance of purchases

7.3.1 All purchases on an Account are considered to be placed and received in VIC, Australia.

7.3.2 Everyday Lucky does not represent or warrant that any purchase by a Member on their Account or the acceptance of any bet on an Account by Everyday Lucky complies with the legal requirements of any state or country other than VIC.

Members must satisfy themselves (and assume full responsibility for) the legality of:

a) applying to Everyday Lucky for an Account;
b) remitting funds by Credit card or other permitted means to an Account;
c) purchasing tickets with Everyday Lucky; and
d) receiving winnings from Everyday Lucky.

7.3.3 Everyday Lucky reserves the right at any time to refuse any purchase or part of a purchase without providing a reason or advance notification. The circumstances in which we may refuse a Member's bet include but are not limited to:

a) a Member is or may be less than 18 years of age;
b) a Member is or may be purchasing on behalf of a person who is less than 18 years of age;
c) a Member is or may be in breach of these Rules;
d) a Member is or may be in breach of any applicable law; or
e) a Member's proposed purchase would present an unacceptable liability risk to our business. Whether there is an unaacceptable liability risk to us for the purpose of this Rule is at Everyday Lucky's discretion.

7.3.4 Everyday Lucky reserves the right to close and/or impose limits on a Member's Account and refund the balance of their Account, without providing reasons. In this event, we will honour any outstanding purchases made pursuant to the Account, unless the Member's Account has been used for any fraudulent transaction or purpose, in which case any such purchases will be void.

7.3.5 When a Member is making a purchase on their Account via the Internet, it is accepted once the Member submits the purchase and a 'ticket receipt number' is issued through the Website.

7.3.6 Members cannot make purchases of any kind through the telephone.

7.3.7 Everyday Lucky shall make a voice recording of all telephone calls with Members when Members are making a complaint or making a query regarding their Account. The Member agrees to such recordings being made. Where a 'Dispute' (defined in Rule 8.4) occurs which cannot be resolved between the Member and Everyday Lucky, the Member agrees that the recording(s) and/or any records of a Member's transactions via the Internet may be made available to the adjudicator of the Dispute to enable the Dispute to be determined in accordance with these Rules. All records of voice recordings will be securely retained by us in accordance with our privacy obligations for regulatory purposes.

7.3.8 Members are unable to change or cancel a ticket once the purchase has been accepted by Everyday Lucky within 15 minutes of the draw time unless the Member can demonstrate to Everyday Lucky's satisfaction that the initial purchase was made in error; in which case Everyday Lucky may, at its discretion, void the initial purchase and request the initial purchase must be replaced with another bet.

7.3.9 The minimum bet on the Internet on an Account is $2.00 AUD.

7.3.10 No tickets are able to be purchased within 15mins of a draw to be decided.

7.3.11 Everyday Lucky reserves the right to provide an Australian governing body (defined below), with:

a) records or documents in the possession or control of Everyday Lucky relating to purchasing transactions of the Member; and
b) the name, contact details and similar identifying information in the possession or control of Everyday Lucky relating to that Member.

Such information will only be provided to assist in a legitimate inquiry conducted by an Australian governing body to maintain the integrity of the platform. For the avoidance of doubt, the Member consents to Everyday Lucky providing the above information to an Australian governing body if required under penalty of law.

For the purposes of this Rule, 'Australian governing body' is an Australian lawful organisation that has a regulatory or sanctioning function and includes each of the Australian State and Territory Police Force, Australian Taxation Office bodies, any Australian enforcement agencies that engages Everyday Lucky with a court order or other penalty to comply with the agency involved.

7.3.12 When you deposit or withdraw $10,000 or more from your Account we will require you to produce government-issued photographic identification, such as a passport, driver's licence or 18+ card.

7.4 Deposits by bank card or credit card

7.4.1 Deposits made by credit card are subject to the following terms:

(a) Deposits may only be made by a credit card issued in your name. If you use a credit card issued in the name of a Third Party to deposit funds to your Account we may remove the credit card from your Account or close your Account. Subject to any rights available to you under the law, we will not refund deposits made to your Account by the use of a credit card issued in the name of a Third Party.

(b) Any funds deposited to your Account by credit card, may not be withdrawn until funds have been turned over.

(c) Unused credit card deposits will only be transferred back (on request) to the card from which they were deposited. No other funds will be transferred back to your credit card.

(d) You may cancel the authority to deposit funds via a credit card at any time by notifying us in accordance with clause 2.1.

(e) Deposits by credit card may be considered a cash advance by the issuer of your credit card and may attract interest from your issuer accordingly. You should contact your issuer for further information.

(f) We reserve the right to deny this service to any Member and may withdraw this service from you at any time.

7.5 Deposits by BPAY or PayPal

7.5.1 You may not withdraw any deposits made by BPAY or PayPal until the deposit amount has been turned over except where you are unable to turn over deposit amounts due to Everyday Lucky's termination of the wagering services, or otherwise due to Everyday Lucky’s breach of these Terms and Conditions or Everyday Lucky’s negligence.

7.6 Right to refuse purchases

7.6.1 We may, at our discretion and without giving notice or reasons, refuse a proposed purchase.

7.7 Right to cancel purchases

7.7.1 Subject to any relevant provisions in the Legislation and Playing Rules, purchases cannot be cancelled by you once they have been confirmed by you, recorded on our computer system and accepted by us within 15 minutes of the draw closing.

7.8 Right to change operating method

7.8.1 We reserve the right to change the method of operating our playing systems or method of receiving or accepting purchases at any time. Where practicable, we will try and tell you about any changes beforehand, such as through the Account notifications.

7.9 Check your purchases

7.9.1 You must check the details of the product that you purchase at the time of purchase, to ensure that it is exactly the same type of product you intended to purchase and that no error has occurred during the purchasing process. Everyday Lucky is not liable for any funds made when purchased in error and the particular event has closed and or expired.

7.10 Records conclusive evidence

7.10.1 The records of the relevant Evryday Lucky app from whom you purchased a product are conclusive evidence of and are deemed to be the true and correct record of the product purchased. Everyday Lucky will not recognise computer printouts and other records provided by you as evidence of your purchase of Products.

7.11 Purchases must be received before deadline

7.11.1 Offers from you to purchase tickets must be received by Everyday Lucky prior to the deadline for the submission of draw entries otherwise your offer to purchase will not be processed and will be declined. The respective deadlines are shown in the help pages on Everyday Lucky.com.au.

7.12 Purchases encountering computer error

7.12.1 In circumstances where you have commenced making an offer to purchase which cannot be completed for any reason (eg, as a result of a failure or break in your connection to the internet or in the connection between you and the Everyday Lucky App or between the Everyday Lucky App and the internet) - if the offer to purchase Products is subsequently accepted prior to the relevant deadlines, that offer will stand and once accepted your relevant Account will be debited for the cost of the Product.

7.12.2 If the Account Channels or the computer systems of the Product Suppliers experience any form of malfunction during the:

(a) receipt of an offer by you to purchase Products;

(b) process by means of which the relevant computer system attempts to give effect to your offer; or

(c) relevant website or application confirmation of its acceptance of your offer to purchase, and the relevant interaction is unable to recover or verify the status of that offer to purchase products during data recovery,

then such unfinished or interrupted offer to purchase products will be deemed void and not to have been placed. Any necessary adjustments will be made to your Account.

7.12.3 Offers to purchase Products may be refused if we reasonably suspect or know that the relevant Everyday Lucky computer system failed to function in the manner in which it was designed and programmed to function.

7.13 Charge backs

7.13.1 Members agree and warrant that no charge-backs or other cancellation of deposits will be made relating to your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us for any costs, claims, damages and expenses relating to or arising in connection with this, including any expense incurred by us in recovering such amounts.

7.13.2 If a Member disputes a financial transaction on their Account relating to a third party (e.g. Banking institution, Paydo, etc.), Everyday Lucky may temporarily suspend your Account, without notice, pending an investigation by us relating to the transaction. If we incur any loss as a result of that investigation, we reserve our right to recover such losses from you.

7.13.3 If you use any of Everyday Lucky banking specific options (Paydo/BPay/EFT/CASH or Cheque) you accept that Everyday Lucky may request a certified or non-certified bank statement to verify where funds have originated from prior to any withdrawal being approved. You also accept that Everyday Lucky may decide to return these funds at its discretion and void tickets should it deem the funds may be unauthorized or unlawful in nature.

7.14 Lost or stolen card

7.14.1 You agree to notify us, as soon as practical, if you lose or have your Account card(s) stolen. Upon notification of any lost or stolen Account card(s), we will:

(a) invalidate your lost or stolen card; and

(b) issue you with a new account.

7.14.2 You agree that until such time as you have notified us of your lost or stolen card, and/or unauthorised use of your PIN/password or (if relevant) fingerprints or facial recognition, to access or use your Account, we will assume that all Account activity has been conducted by you, and, therefore, you will bear any losses suffered due to such unauthorised use.

7.14.3 You agree that upon notification of the lost/stolen transacting account details, Everyday Lucky may request to re-verify the details of the Account holder before any further transactions of the Account in question may proceed.

8. Fees and debt recovery

8.1 We will not impose entry fees, exit fees or fees for the management of your Account (excluding account maintenance fees for which we may debit your Account). We will give you notice of the introduction or increase of any fee at least 30 days before the change.

8.2 Except where otherwise specified, we reserve the right to recover from you any fees, costs, losses, charges, taxes, imposts, levies or duties imposed on us by a Third Party and which we incur:

(a) in providing services to you;

(b) in respect of Products purchased by you;

(i) charges arising from a dishonoured cheque;

(ii) credit card transaction fees; and

(iii) charges in obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account;

(d) if a deposit of funds credited to your Account is made fraudulently, incorrectly or in an unauthorised manner;

(e) in transferring funds to you from your Account; or otherwise in respect of the Terms and Conditions, and you hereby authorise us to effect such recovery by:

(i) demand in which case the relevant amount will be payable on demand; or

(ii) debiting your Account by the relevant amount, subject to any limitation imposed by law.

8.3 We may at our discretion waive any fee or charge to your Account to which we are entitled. Our failure to collect any fee or charge which applies to your Account does not give rise to a waiver of that fee or charge in the future.

9. Everyday Lucky Pay out Terms and Conditions

9.1 Errors

9.1.1 Everyday Lucky endeavours to ensure that no errors are made in setting draws including but not limited to errors in prices offered, available selections offered, purchases accepted on an Account or any errors in exclusions for certain selections. However, we reserve the right to correct errors and to void any purchases prior to or after an event in circumstances where a purchase has been accepted and where there has been a material technical, human or other error in setting a raffle and/or in accepting a purchase.

9.1.2 Where a raffle is voided by Everyday Lucky prior to an event commencing, Everyday Lucky will endeavour to contact the Member by email promptly to inform them that the raffle has been voided.

9.2 Adjustments to your Account balance

9.2.1 To the extent that we, acting reasonably, determine that you have breached these Terms and Conditions, or that a genuine error or mistake has been made in the course of debiting or crediting your Account (including as a result of an error on the part of us or any of our agents), we may adjust your Account balance to the extent necessary to address the breach, error or mistake (as applicable).

9.2.2 In the event that funds are credited to your Account in error, it is your responsibility to notify us of the error at the earliest opportunity. Unless we notify you to the contrary, any transactions resulting from the error will be void.

9.2.3 We will use reasonable efforts to notify you via the contact details registered with your Account (either by email, phone, or in writing) and provide you with confirmation of the date the adjustment was made, the reason for the adjustment, and the amount that was adjusted.

9.2.4 If you are dissatisfied with our decision to make an adjustment to your Account, you may, within 30 days of the date the adjustment was made request that we review our decision. Your request must be made in writing to the Accounts Administration Manager via email at support@everydaylucky.com.au and be accompanied by relevant supporting documentation (if applicable). We will act reasonably in reviewing the original decision and will use reasonable efforts to provide you with a written response within 21 days of receipt of your request.

9.2.5 Clause 9.2.4 does not authorise more than one request to be made in relation to any one decision.

9.2.6 Subject to any regulator direction to the contrary, the outcome of the review will be final.

9.2.7 In the event that your Account is to be adjusted by way of a debit from your Account, but your Account balance at the relevant time is less than the amount required to be debited, we reserve our rights to recover the balance of the monies from you, including, without limitation, by making a claim in writing for such a debt, or by way of a further adjustment or adjustments to your Account, in any number of instalments, provided that notice of any future adjustment or adjustments is provided in accordance with clause 9.2.4.

9.3 Dispute Resolution

9.3.1 These Rules shall be governed by and construed in accordance with the laws of VIC, each Member irrevocably submits to the non-exclusive jurisdiction of the VIC Courts in respect of any dispute arising out of or relating to these Rules or the provision by Everyday Lucky of goods or services to Members ('Dispute').

9.3.2 We may appoint a relationship manager to help manage your interactions with Everyday Lucky. Subject to your contact preferences, your relationship manager may communicate with you by email, SMS or phone. Some of these messages may include marketing and promotiontional material. However, given the personalised nature of these messages, you acknowledge and agree that they may not include an ‘unsubscribe’ or ‘stop’ mechanism. If you wish to stop receiving these messages, you can opt-out or change your contact preferences at any time by replying to the message with the words OPT OUT or otherwise informing your relationship manager.

9.3.3 If any Dispute cannot be resolved between Everyday Lucky and the Member, nothing in this Rule precludes a party from seeking urgent interlocutory relief from a Court if such relief is reasonably required. The dispute must be lodged with the regulator within 14 days of the dispute arising.

9.3.4 No rule of contract interpretation may be applied in the interpretation of these Rules to the disadvantage of a party on the basis that it prepared or put forward these Rules or any document forming part of these Rules.

9.4 Significant Events

To the extent there is any inconsistency between these general terms and rules applying to a specific event, the following general terms will prevail.

9.4.1 Unexpected events and other changes

If an event(s) occurs beyond the reasonable control of Everyday Lucky such as an epidemic, pandemic, flood, fire, earthquake, element of nature or act of God, act of war, terrorism, riot, rebellion, strike, blockade, labour disruption or other cause, that materially impact any event (or a series of events) which is the subject of a contingency or outcome of a raffle offered by Everyday Lucky, Everyday Lucky may (acting in good faith) exercise its discretion to void, cancel, restrict or otherwise alter or adjust the payout (in whole or in part) of the affected purchase(s) placed on the relevant raffle(including, without limitation, retrospectively take any of the actions contemplated, once a purchase has been struck and before or after it has resulted). For the avoidance of doubt, an “impact” on any event includes, without limitation:

- any reduction in the number of raffles of offer on any given day;

- any material change in the length of a draw or when the draws are played ;

- a material change to the format or rules of the relevant event(s), series or competition.

9.4.2 Material changes to events declared by government codes

Where an Australian governing body announces or declares a material change to the structure of a competition or event (including, but not limited to, the number of players in draw, location or date of the event(s), and Everyday Lucky considers (acting reasonably) that such change will have a material impact on a raffle taken on, or involving, that competition, event(s), all purchases on the affected raffle(s) may be voided by Everyday Lucky at its discretion (acting reasonably and as soon as reasonably practicable following a relevant announcement). All affected purchases (including subscriptions) which rely on a number or series of games occurring within predetermined time period which are cancelled, will be recalculated accordingly.

9.4.3 No warranty

You acknowledge that, to the maximum extent permitted by law, the Everyday Lucky Group gives no warranties in relation to EVERYDAY LUCKY Web Services or EVERYDAY LUCKY Data. Without limitation, all warranties regarding access to EVERYDAY LUCKY Web Services being uninterrupted or that EVERYDAY LUCKY Web Services or EVERYDAY LUCKY Data will be free from errors or omissions, malfunctions, bugs or failures are hereby excluded.

9.5 Changes to Terms of Use

The Everyday Lucky Group reserves the right to change, amend or add to these Terms of Use as it sees fit. The Everyday Lucky Group will notify you via email of any changes to these Terms of Use. By continuing to use EVERYDAY LUCKY Web Services, you will be deemed to have accepted the changes to the Terms of Use.

9.5.1 Grant of equitable relief

You acknowledge that damages alone would not be an adequate remedy for the breach of any of the provisions of these Terms of Use.
Accordingly, without prejudice to any other rights and remedies it may have, the Everyday Lucky Group shall be entitled to seek equitable relief (including without limitation injunctive relief) concerning any breach of any of the provisions of these Terms of Use.

10. EVERYDAY LUCKY Mobile Application security

If you elect to use a PIN, a fingerprint or facial recognition to login or bet with any EVERYDAY LUCKY Mobile Applications:

(a) you are solely responsible for the PIN, fingerprints or face that are registered to your device;

(b) you acknowledge that every time you use such methods to login with any EVERYDAY LUCKY Mobile Applications on your device, you will be deemed to have provided us with your Account number and password; and

(c) you acknowledge that such security features are features of your mobile device and are not features which are operated or managed by us. You agree that we are not responsible or liable to you in any way for the use by you of these security features or any malfunction or failure of these security features. For further information on the functionality of, or issues with, these security features and the manner in which these security features are used and secured, you should contact your mobile device manufacturer.

10.1 EVERYDAY LUCKY Web Services Terms of Use - account customers

10.1.1 The EVERYDAY LUCKY Web Services Terms of Use (Terms of Use) apply in relation to your use of any Digital API or similar electronic information feed (EVERYDAY LUCKY Web Services) which is made available to you by Everyday Lucky Pty Limited or any of its related bodies corporate (together, the Everyday Lucky Group). By applying for access to EVERYDAY LUCKY Web Services, you agree and acknowledge for the benefit of the Everyday Lucky Group that you will comply with these Terms of Use.

11. Permitted use

11.1 Use of EVERYDAY LUCKY Web services and Applications are for personal, non-commercial purposes only:

11.1.1 You agree that your use of EVERYDAY LUCKY Web Services and any information made available to you through use of EVERYDAY LUCKY Web Services (EVERYDAY LUCKY Data) will be for strictly personal, non-commercial purposes. In particular, you must not:

(a) sub-licence, distribute or otherwise make EVERYDAY LUCKY Data available in any form whatsoever to third parties or allow third parties to access or use EVERYDAY LUCKY Web Services and/or EVERYDAY LUCKY Data;

(b) transcribe or relay EVERYDAY LUCKY Data in any medium or reproduce or copy EVERYDAY LUCKY Data, including electronic reproduction, except for your own personal, non-commercial use;

(c) store EVERYDAY LUCKY Data other than temporary storage to the extent necessary for your own personal, non-commercial use;

(d) except for your own personal, non-commercial use, edit, modify, adapt, manipulate or change EVERYDAY LUCKY Data, or create any derivative works from EVERYDAY LUCKY Data;

(e) permit any other person to use or exploit EVERYDAY LUCKY Data;

(f) enable any person to access EVERYDAY LUCKY Web Services;

(g) provide your EVERYDAY LUCKY Web Services access details to any person;

(h) use EVERYDAY LUCKY Web Services in a manner that enables any third party to interact with any online service owned or operated by the Everyday Lucky Group; or

(i) use EVERYDAY LUCKY Web Services in a way that results in excessive requests for information being placed with the Everyday Lucky Group’s systems or otherwise in a manner that is likely to slow down the operation of any data or information service owned or operated by the Everyday Lucky Group.

For the avoidance of doubt, these Terms of Use do not prohibit you from accessing EVERYDAY LUCKY Web Services via a software application installed on your computer or mobile device, provided such software application does not enable any third party (including the developer of that software application) to access or use EVERYDAY LUCKY Web Services or EVERYDAY LUCKY Data.

11.1.2 Your Account has been established solely for the purpose of supply by the Product Supplier of Products to you.

11.1.3 You may only use funds credited to your Account for the purchase of Products, and not for any other purpose. Your Account may not be used by you to transfer money to Third Parties, to purchase products or services offered by Third Parties, to make payments to Third Parties or as a bank account.

11.1.4 You are responsible for all of the obligations arising out of or in relation to your application for registration and your Account.

11.1.5 If you are an Unrestricted Member, you may withdraw funds from your Account by any of the services we make available from time to time in the manner shown on Everyday Lucky.com.au and the EVERYDAY LUCKY App, which includes direct credit to your Designated Account.

11.2 Intellectual Property

11.2.1 You acknowledge and agree that:

the Everyday Lucky Group or its third party licensors own all intellectual property rights in and to EVERYDAY LUCKY Web Services and EVERYDAY LUCKY Data;
the Everyday Lucky Group or its third party licensors reserve all their rights under the Copyright Act 1968 (Cth);
your permission to use EVERYDAY LUCKY Data is restricted to personal and non-commercial use;
you are not permitted to use EVERYDAY LUCKY Data for commercial purposes or to do any act comprised in the intellectual property rights, except as expressly stated in these Terms of Use.
You are not permitted to impersonate, copy, or reproduce facsimiles of Everyday Lucky App and associated branding without the express written authorisation from the Everyday Lucky corporation whether by fault, malice or negligence.

11.2.2 Copyright in Australian materials included in EVERYDAY LUCKY Data is owned by the following parties:

Ⓒ 2023 Everyday Lucky Pty Limited (and other parties working with it). Application, including fields and form, colour scheme and all advertising is subject to copyright which is owned by Everyday Lucky Pty Limited and other parties working with it.

All materials are reproduced as part of EVERYDAY LUCKY Data under a copyright licence from the copyright owners. Any unauthorised production, adaptation or communication of the Australian materials is strictly prohibited. All rights of the owners of copyright in the Australian materials are reserved.

11.3 Unlawful and non-permitted use

11.3.1 Use of your Account in violation of any Federal, State or Local laws is prohibited.

11.3.2 If you are a Restricted Member you cannot withdraw funds from your Account.

11.3.3 If we become aware or reasonably believe that you have been unlawfully using your Account, you acknowledge that we may report such belief to one or more government agencies, including law enforcement agencies without prior notice to you.

11.3.4 Use of an Everyday Lucky account is subject to a condition of reasonable use. You may only use the Everyday Lucky App and the material on them for personal use.

11.3.5 You must not use the Everyday Lucky accounts:

(a) to re-publish or create a derivative work of the data published on the Application from time to time, without the prior written consent from us; or

(b) in a way that is likely to cause damage to Everyday Lucky and all accounts, including by intentionally slowing down the operation of the Everyday Lucky for other users, for example by making excessive hits on the EVERYDAY LUCKY Website. Reproduction of the Application and the works contained on them, including by screen scraping, is strictly prohibited. All rights are reserved.

11.4 Fraud

1.4.1 Everyday Lucky reserves the right to withhold deposited funds and/or winnings from resulted raffles should we determine that a Credit card or purchasing bank account has been misused or used fraudulently. Any matters of inappropriate or fraudulent use of any deposited funds will be reported to the relevant authority. The Member's Account may also be permanently closed.

11.4.2 Everyday Lucky may employ third party technologies to track and store technical information on the device that Members choose to use. Members accept that this data may be used to reach decisions on investigations where Accounts have not been operated in good faith, including but not limited to Account takeover, Account abuse, multiple Account operations, payment method abuse etc.

11.4.3 Everyday Lucky reserves the right to close the Accounts of, and void any or all tickets purchased by any person, group of people or corporation in an attempt to defraud Everyday Lucky.

11.4.4 Everyday Lucky may periodically review Accounts to monitor any activity that it might consider unusual. In this instance, Everyday Lucky reserves the right to suspend an Account pending a full investigation, without notice.

12. Account closure

12.1 Inactive Accounts

12.1.1 If there have been no transactions on your Account (such as by depositing funds into or withdrawing funds (including winnings) from your Account or by purchasing Products) for a continuous period of 12 months (Inactivity), we may give you notice that if your Account continues to be inactive for a further 1-month period immediately following our notice to you, we may deem your Account to be an Inactive Account.

12.1.2 If your Account is deemed to be an Inactive Account, we may charge your Inactive Account an account maintenance fee of $3.50 per month (including GST) from the time that your Account becomes an Inactive Account and for as long as your Account remains inactive. This fee represents the reasonable costs incurred by us in maintaining your Account throughout extended periods of inactivity. This fee may be varied by Everyday Lucky at it’s sole discretion at any time.

To avoid the Administration Cost, you can simply purchase a ticket or withdraw your funds into your bank account. If this occurs your Account will no longer be deemed an Inactive Account.

12.1.3 If your Account remains an Inactive Account for a further period of time, we may give you notice that if your Account continues to be inactive, we will close your Account by the date provided in that notice.

12.1.4 Prior to closing your Inactive Account, we will endeavour to remit any money held in your Inactive Account, less applicable costs, fees and charges by electronic transfer to your Designated Account. If this is not possible, we will give you notice to your last known email address or residential address, informing you of the closure of your Inactive Account and if there is a remaining balance to be remitted to you. If you cannot be located or do not respond by the date set out in the notice, then any funds in your Inactive Account in excess of any minimum threshold provided by law, will be treated as unclaimed money and stored by Everyday Lucky or paid to the relevant authority in accordance with applicable laws.

12.2 Closing your Account

12.2.1 You may suspend your Account or, you may close your Account, at any time by notifying us and requesting that your Account be suspended or closed, through any of the following means:

(a) emailing the Customer Service Team on support@everydaylucky.com.au ;

(b) through the EVERYDAY LUCKY Apps; and

12.2.2 We may suspend or close your Account at any time by giving you at least 30 days' notice. You may continue to use your Account in accordance with the Terms and Conditions during the notice period.

12.2.3 If we become aware or reasonably believe that you have committed a breach of the Terms and Conditions including, for example, if we become aware or reasonably believe that your Account:

(a) may have been used to facilitate or is connected with unlawful, suspicious or fraudulent transactions; or

(b) has been misused, or been subject to unauthorised use; or

then we may immediately (without prior notice to you):

(d) block, suspend or close your Account;

(e) place a stop payment on any cheque that is issued to you; or

(f) withhold payments of any nature and void all your winnings.

12.2.4 You acknowledge that we have obligations to our employees to provide a safe work environment amongst other legal duties, and so you agree that we may, at our election, close your Account immediately (without prior notice to you) in circumstances where we form the view that you act or have acted unreasonably towards us and/or our agents, in the course of transactions, which conduct, either singular or repeated, includes:

(a) offensive language;

(b) aggressive behaviour;

(d) overt sexual remarks;

(e) harassing remarks;

(f) attempted or actual bullying;

(g) threatening remarks made against us, our property and/or third persons; and

(h) other similarly unacceptable anti-social behaviour.

12.2.5 As outlined in clause 13 you acknowledge that we may in our discretion temporarily or permanently close your Account immediately (without prior notice to you) if we have concerns that you have problems with your use of the app or its’ associated features.

12.2.6 If we suspend and/or close your Account, we will use reasonable efforts to notify you via the contact details registered with your Account (either by phone or in writing) and provide you with confirmation of the date your Account was suspended and/or closed and the reason for the suspending and/or closing your Account.

12.2.7 If you are dissatisfied with our decision to suspend and/or close your Account, you may, within 30 days of the date your Account was suspended and/or closed, request that we reverse our decision.

Your request must be made in writing to Customer Support, email support@everydaylucky.com.au and be accompanied by relevant supporting documentation (if applicable). We will act reasonably in reviewing our original decision and will use our reasonable efforts to provide you with a written response within 21 days of receipt of your request.

12.2.8 Clause 12.2.7. does not authorise more than one request to be made in relation to any one decision.

12.2.9 Subject to any regulator direction to the contrary, the outcome of any review will be final.

12.3 Consequences of Account closure or suspension

12.3.1 While your Account is suspended, you will not be able to:

(a) deposit funds to the suspended Account;

(b) purchase Products using funds standing to the credit of the suspended Account; or

until the suspension on your Account is lifted. We are not liable to you in any form for your inability to use your Account while it is suspended.

12.3.2 Subject to clauses 12.1 and 9, if at the time when your Account is closed and you are an Unrestricted Member we will, as soon as reasonably practicable, unless it is unlawful to do so, remit to you the balance of your Account, less applicable costs, fees and charges by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us.

12.3.3 Subject to clause 12.3.2., if at the time when your Account is closed you:

(a) are an Unrestricted Member; and

(b) have product purchases which have not been resulted,

we will send you the proceeds from those purchases, if any, after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules and relevant legislation, less applicable costs, fees and charges by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us.

12.3.4 The provisions of clauses 12.3.2, and 12.3.3 do not apply where you have closed your Account within 30 days of our notifying you of a change to the Terms and Conditions. Where your Account is closed in these circumstances, provided that you are an Unrestricted Member, we will, as soon as reasonably practicable, remit to you the balance of your Account, if any, without any additional fees or charges, by electronic transfer to your Designated Account or by cheque made out to you and posted to your residential address, unless otherwise agreed by us. The proceeds, if any, from any Product purchases which have not been resulted at that time will be sent to you after the results of all such purchases have been determined and in accordance with any applicable time periods stipulated in the Rules and relevant legislation, by electronic transfer to your Designated Account or by cheque made out to you at your residential address, unless otherwise agreed by us.

13. Responsible gaming

13.1 General Information

13.1.1 We are committed to responsible gaming. More information about the tools available to support responsible gaming is provided on the Application or by contacting us by any means including those in clause 1.2

13.1.2 As part of our ongoing commitment to responsible gaming, we engage in player tracking to assist us in providing support to customers who may be experiencing problems with their gaming. By creating an Account with us, you consent to us using your Account Data as part of these activities.

13.1.3 As part of our commitments under this clause 13, we may in our discretion temporarily or permanently close your Account immediately and exclude you from purchasing any or all Products or using our services. If we do this, we will remit the total balance of your Account to you in accordance with clause 12.3.

13.1.4 We are not responsible for any failure by our EVERYDAY LUCKY operators to identify that you have a problem with responsible gaming and are not liable for any purchases that you are able to place. This includes, but is not limited to, purchases placed over the Internet.

13.1.5 Everyday Lucky marketing and communications are aimed at over 18’s only. Everyday Lucky does not market to individuals for whom gaming has become a problem.

13.2 Self-exclusion

13.2.1 You may self-exclude (also known as "barring") from purchasing any Products through via the website EverydayLucky.com.au or through direct email to support@everydaylucky.com.au .

13.2.2 During any period of self-exclusion you:

(a) must abide by the obligations as stated in the self-exclusion notice;

(b) must not use your Account from which you have been excluded under false pretences or using false information; and

(c) authorise us during the period of self-exclusion to take such action as we deem necessary to prevent your use of the Application or of your Account.

13.2.3 Everyday Lucky:

(a) makes every reasonable effort to prevent self-excluded customers from returning and using our service;
(b) may provide in the future - pre-commitment facilities to help you control your spend; and
(c) may provide in the future - a self-exclusion facility to help you if you feel that you have developed a gaming problem.

At your request, we will prevent you from using your Account indefinitely. To this end, we may retain such personal information as is necessary (and for as long as is necessary) to implement the self-exclusion facility as effectively as possible, including your name, address and payment details.

13.2.4 If you are a self-excluded customer:

(a) you must not attempt to open an Account or place any purchases with us (using your Account or otherwise);

(b) you are fully liable for your actions, and for all activity and purchases placed on your Account; and

(c) subject to these Rules, if Everyday Lucky considers that you have deliberately circumvented our controls (e.g. by opening a duplicate Account) and placed purchases while you are self-excluded:

(i) open/pending purchases will be voided and the original funds returned to your Account;

(ii) resulted purchases will stand; and

(iii) the balance of your Account will be returned to you.

13.3 Deposit Limit and Spend Limit set by you

13.3.1 You may set or opt out of setting a Deposit Limit for the amount of money that you can deposit into your Account.

13.3.2 You may set a Deposit Limit for each day, each week, each fortnight or every 28 days by:

(a) visiting www.Everyday Lucky.com.au or the EVERYDAY LUCKY App using your Account.

(b) visiting www.Everyday Lucky.com.au or the EVERYDAY LUCKY App using your Account (when the facility becomes available).

13.3.3 If you request to set a Deposit Limit or Spend Limit, the nominated limit will be imposed with immediate effect.

13.3.4 You agree that you will not attempt to exceed any Deposit Limit or Spend Limit.

13.3.5 We are not liable to you in any form for your inability to make any purchases using your Account that would exceed your Deposit Limit or Spend Limit.

13.3.6 A Deposit Limit or Spend Limit will remain in place until you give us notice that you wish to revoke or change your Deposit Limit or Spend Limit. If you give us such a notice and we accept your notice (acting reasonably):

(a) a request to revoke or increase your Deposit Limit or Spend Limit will only take effect after 7 days, starting on the day after we receive the notice; and

(b) a request to decrease your Deposit Limit or Spend Limit will take effect as soon as reasonably practicable after receipt by us of the notice.

13.4 Limits set by us

13.4.1 We may place limits from time to time on purchases that can be purchased by you over a particular period of time (e.g. a limitation on the purchases that can be made per day, per week or per month). If you believe that the change is detrimental to you, you may close your Account without any fees or charges.

13.5 Intoxication

13.5.1 You agree that you must not attempt to open an Account, place any purchases or otherwise transact on your Account whilst you are intoxicated or under the influence of drugs and that you are fully liable for your actions and all activity on your Account whilst you are intoxicated and/or under the influence of drugs. In the event that you are able to open an Account or purchase a ticket whilst you are intoxicated and/or under the influence of drugs, then you are responsible for all purchases placed and all purchases placed will stand.

13.5.2 We reserve the right to suspend or close your Account, refuse to allow you to open an Account, or otherwise transact on your Account, if it is the reasonable opinion of an EVERYDAY LUCKY operator that you are intoxicated and/or under the influence of drugs at the time of doing so. You acknowledge that for your protection, we may suspend your Account for a 24-hour period following any decision that you are intoxicated.

13.5.3 We are not responsible for any failure by our EVERYDAY LUCKY operators to identify that you are in a state of intoxication and/or under the influence of drugs and is not liable for any purchases that you are able to place whilst you are intoxicated and/or under the influence of drugs. This includes, but is not limited to, purchases placed over the Internet.

13.6 Mental impairment

13.6.1 A Member must immediately notify Everyday Lucky of any matter (including any potential mental impairment) which may lead us to reasonably infer that your ability to make sound judgments about using the platform/website in respect of your Account may be impaired.

13.6.2 You agree that you must not attempt to open an Account, place any purchases using your Account or otherwise attempt to transact on your Account whilst you suffer from a mental impairment and that you are fully liable for your actions and all activity on your Account whilst you are suffering from a mental impairment. In the event that you are able to open an Account or purchase a ticket, then you are responsible for all purchases placed and all purchases placed will stand.

13.6.3 We reserve the right to suspend or close your Account, refuse to allow you to open an Account, or otherwise transact on your Account, if it is the reasonable opinion of a EVERYDAY LUCKY operator that you suffer from a mental impairment at the time of doing so.

13.6.4 We are not responsible for any failure by our EVERYDAY LUCKY operators to identify that you have a mental impairment and is not liable for any purchases that you are able to place. This includes, but is not limited to, purchases placed over the Internet.

13.7 Threatening behaviour

13.7.1 We reserve the right to suspend or close your Account, refuse to allow you to open an Account or purchase a ticket , either refuse to allow you to use your Account, or in person, if it is the reasonable opinion of an EVERYDAY LUCKY operator that you have threatened harm to either the EVERYDAY LUCKY operator, Everyday Lucky property of any kind, yourself or any other person.

13.7.2 We reserve the right to refer your threats, including any taped record of any such conversation with an EVERYDAY LUCKY representative, to any applicable government or law enforcement agency.

14. Content Rules

14.1 When engaging with Everyday Lucky

14.1.1 When engaging with Everyday Lucky through any social facility on the app or through registered Everyday Lucky social sites - you must not post any material or create a username / profile picture that:

could be considered hate speech or discriminatory or degrading relating to disability, ethnicity, religion, gender/orientation;
could be considered threatening;
contains any drug related references;
contains offensive material, including derivations or offensive words or phrases;
infringes another person’s trademark or intellectual property;
breaches any law;
could be considered defamatory, insulting or disparaging about any person or entity;
condones or encourages excessive playing or playing beyond ones means;
pressures a person to purchase or ridicules a person for not playing;
refers to the consumption of alcohol whilst playing;
suggests that winning is a definite outcome of playing; or
promotiontes playing as a financial strategy or a viable way to earn income

14.1.2 Blocked Words: EVERYDAY LUCKY automatically blocks certain terms and phrases that EVERYDAY LUCKY considers offensive. If there is a word you believe should be on the blocked list you can email us via our Help Centre.

14.1.3 Spam: you must not post any promotiontional material that does not relate to EVERYDAY LUCKY. Any promotiontion or discussion of other operators or any other services that are not related to the EVERYDAY LUCKY App is not permitted.

14.1.4 Personal Information: you must not post any personal information of anyone other than yourself, including phone number, address, email address, bank details, or anything that can used to reasonably identify a person. You acknowledge that if you voluntarily post your own personal information, it will be handled in accordance with our Privacy Policy.

14.1.5 EVERYDAY LUCKY is not responsible for the result of any tips posted on relevant social media sites.

14.2 Non-Compliance/Other

14.2.1 You can report any offensive behaviour or material or any other breach of the conditions of use by hitting the “Report” button or via the contact details outlined in clause 1.2.3.

14.2.2 Failure to comply with the conditions of use may result in EVERYDAY LUCKY deleting any non-compliant material, suspending or closing your account, suspending or permanently restricting you from using the app or any features.

15. – Your money

15.1 Our custody of your money

15.1.1 We may co-mingle with other monies (including those of EVERYDAY LUCKY and our Related Bodies Corporate), or disburse or otherwise deal with in any manner, funds standing to the credit of your Account (from time to time), until you use or withdraw such funds. You are not entitled to any interest or other accretions on, or in respect of, funds standing to the credit of your Account, and we are entitled to retain for our own account any interest or accretions that are earned on, or in respect of, such funds.

15.1.2 You consent to those funds being invested on short term money markets or in interest bearing accounts.

15.1.3 We may from time to time impose limitations on your Account. The limitations (if any) are shown on Everyday Lucky.com.au and the EVERYDAY LUCKY App. We will notify you of any or all of the following changes to limitations on deposits to your Account:

(a) minimum deposits;

(b) maximum deposits (including maximum total deposits over a particular period of time);

(d) maximum balances (if we impose a maximum balance for your Account you must not make deposits which would take the balance of your Account beyond that maximum balance).

15.2 Commissions

15.2.1 We may from time to time pay a commission to other persons in respect of the opening of, or purchases placed on, your Account (including if you have entered an EVERYDAY LUCKY Website by clicking through from another website (on this or a previous occasion)). You acknowledge and assent to this commission being paid.

15.3 Costs

15.3.1 Any costs associated with your use of your Account in any manner contemplated by these Terms and Conditions, including any applicable taxes, insurance, and other ancillary costs are your responsibility.

15.3.2 We encourage you to seek independent financial and tax advice about any implications (including tax implications) that may arise prior to transacting on your Account.

16. Playing

16.1 Products only available with registration

16.1.1 You will only be able to purchase Products from Everyday Lucky using the Everyday Lucky App with a registered account you have made and we have accepted your application for registration with us.

16.1.2 Your offer to purchase a Product is not a valid purchase until it:

(a) is accepted by Everyday Lucky; and

(b) is recorded in the computer system of Everyday Lucky as a valid purchase.

16.1.3 If particular types or styles of Products are unavailable for purchase or if particular products are not operational, then the relevant Terms and Conditions will only be operative if and when such types or styles of Products are available and are operational.

16.2 Game settings - Everyday Lucky's rights and other matters

16.2.1 Everyday Lucky reserves the right to cancel, change or restrict the products or product types at any time with or without notice to Members.

16.2.2 As per best practice, Everyday Lucky will maintain a separate bank account which contains sufficient funds to match every dollar of Member funds not already spent on purchasing items from the platform.

16.2.3 Everyday Lucky has made considerable efforts to ensure that its business operates in a fair, efficient and accurate manner. To the extent permitted by law, Everyday Lucky excludes all warranties (express or implied) relating to or arising out of the services we offer and excludes any liability for direct, indirect or consequential loss, damage, expense or injury suffered by any Member arising out of:
a) the Rules;
b) use by a Member of their Account; or
c) any action taken by Everyday Lucky in relation to a Member's Account.

16.2.4 Nothing in these Rules affects our liability:
a) to pay any Member winnings or other amounts properly owing to such Member pursuant to these Rules;
b) for death or personal injury arising from our negligence;
c) for our fraudulent misrepresentation; or
d) for any matter in respect of which our liability cannot be excluded or limited under applicable law

16.2.5 Subject to Rule 8.2 and 15.3.1, and to the extent permitted by law, Everyday Lucky's liability in respect of any claim or loss shall be limited in amount to the relevant ticket(s) purchased by a Member.

16.2.6 A Member may only have one Account. If a Member has additional Account(s), then the Account balances of all associated Accounts shall be transferred into the first Account opened by the Member ('First Account'.) Further:
a) if, after such transfers the First Account has a debit balance, then Everyday Lucky shall be entitled to receive payment immediately upon written request to the Member to clear the debit balance; or
b) if, after such transfers there is a credit balance in the First Account, the credit balance will be held by Everyday Lucky until such time as a determination has been made by Everyday Lucky as to whether or not there has been a breach of these Rules.

16.2.7 If, in addition to your Account, you also hold an account with a related body corporate (as defined in the Corporations Act 2001) of Everyday Lucky, you agree that we may set off any amount in your other account against any amount which is due and payable by you in relation to your Account.

16.2.8 Everyday Lucky products are intended for bona fide Members, that is, those Members who act in good faith, sincerely, without fraud, and who purchase a ticket with Everyday Lucky for the purpose of recreation and entertainment.

16.2.9 Everyday Lucky reserves the right, in its sole discretion, to determine that a Member is not eligible for certain products, product types or promotions (in part or full).

16.2.10 Everyday Lucky reserves the right to close or suspend the Accounts of, and/or void or allow to stand any or all purchases made by any person where, in Everyday Lucky's reasonable opinion, a person:

has sought to open an Account in breach of Everyday Lucky’s Rules;
knowingly exploits, or intentionally seeks, to exploit a market or a Rule (including by deception);
seeks to manipulate the outcome of a market (whether or not for personal gain);
receives an unjust advantage from information which is not known to the public;
intentionally abuses an inadvertent error in the description of a market (whether before or after Everyday Lucky corrects the relevant descriptor); or
opens an Account in circumstances where Everyday Lucky reasonably suspects the person has previously self-excluded.

16.2.11 Where a Member has been referred to Everyday Lucky by a third party including by a third party operated website and where that third party is an affiliate or agent of Everyday Lucky, you acknowledge that Everyday Lucky may make commission payments to that third party. Payments to agents or affiliates are unrelated to the odds or prize money offered to Members by Everyday Lucky.

16.2.12 As a responsible entertainment provider Everyday Lucky may offer its’ Member's the ability to control the amount they purchase by setting a limit on the amount they can deposit to their Account per day, week or month (referred to as a deposit limit.)

16.2.13 Any reference to a discretion which may be exercised by Everyday Lucky under these Rules means Everyday Lucky's sole and absolute discretion.

16.3 Currency

16.3.1 All Account transactions will be in Australian dollars only ($AUD), unless otherwise agreed by us in writing.

17. – General Conditions

17.1 Variation

17.1.1 We may vary any term of the Terms and Conditions by:

(a) getting your consent; or

(b) complying with this clause 17.1

The steps we must take depend on the type of variation.

17.1.2 If we reasonably consider that any change to the Terms and Conditions is likely to:

(a) benefit you; or

(b) be of no or immaterial detriment to you,

we can make the change immediately and do not need to notify you.

17.1.3 We will notify you of any other change to the Terms and Conditions by our choice of at least one of the following:

(a) the next time you access your Account via Everyday Lucky.com.au or the EVERYDAY LUCKY App, starting at least 30 days prior to the change occurring (you may not see the notice until later, or even after the change has occurred, depending on how frequently you access your Account);

(b) by mail to an address provided to us by you, sent by us at least 30 days prior to the change occurring; or

17.1.4 If you are an Unrestricted Member and consider that any change to the Terms and Conditions is detrimental to you, you may close your Account during the 30-day notice period without any fees or charges.

17.2 Notices

17.2.1 Where we are required or permitted to give you a notice under the Terms and Conditions, we may do so:

(a) if the notice is about a variation of the Terms and Conditions, by complying with clause 17.1;

(b) otherwise, in any way, including by:

(i) giving you the information in person (whether it be provided by us or our agents); or

(ii) giving you the information by telephone, mail, email or any other form of communication using the contact details you give to us; or

(iii) making the information available through the Account Channels.

17.2.2 Where we give you notice:

(a) in person or by telephone, it is taken to be received by you at the time we give it;

(b) by mail, it is taken to be received by you on the day after posting;

(d) by making information available through the App, it is taken to be received by you at the time the information is made available on the App.

17.2.3 Where any law requires or permits us to give information to you, you consent to that information being given by an electronic communication.

17.2.4 Where you are required or permitted to give us a notice under the Terms and Conditions, you may do so by giving us the notice by:

(a) emailing the Customer Service Team on support@everydaylucky.com.au ;

(b) through the App (where available).

17.3 Limitation of liability

17.3.1 Nothing in these Terms and Conditions affects your rights under the Australian Consumer Law or any other applicable Australian law that cannot be excluded, restricted or modified by agreement. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.

17.3.2 Subject to clause 17.3 we, our Related Bodies Corporate and our employees, officers and agents and those of our Related Bodies Corporate are not responsible for, or liable to, you or any other person for any Loss, Claim or Liability by reason of any act or omission, deliberate or negligent, by any of them, in connection with your Account, your use of the Products or the App, save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.

17.3.3 To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Loss, Claims and Liabilities:

(a) arising directly or indirectly out of your use of your Account, the Products or the App and any content on the App; or

(b) from any violation by you of the Terms and Conditions (including negligent or wrongful conduct by you or any other person accessing the App), except for any Loss, Claim or Liability which results directly from our negligence or wilful misconduct or that of our officers, employees or agents.

(c) any and all loss, liability, damages, costs and expenses suffered or incurred as a result of your contravention of these Terms of Use.

17.3.4 Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

17.3.5 You acknowledge that, subject to the paragraph below, under no circumstances will the Everyday Lucky Group or any of its directors or employees be liable to you for any losses, damages, liabilities claims or expenses (whether direct, indirect or consequential) suffered or incurred by you as a result of your use of, or inability to use, EVERYDAY LUCKY Web Services or EVERYDAY LUCKY Data.

If the Competition and Consumer Act 2010 (Cth) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by the Everyday Lucky Group and the Everyday Lucky Group’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead the Everyday Lucky Group’s liability for any breach of that condition or warranty is limited to in the case of a supply of goods, to the Everyday Lucky Group doing any one or more of the following (at its election):

replacing the goods or supplying equivalent goods;
repairing the goods;
paying the cost of replacing the goods or of acquiring equivalent goods;
paying the cost of having the goods repaired,

and in the case of a supply of services, the Everyday Lucky Group doing either or both of the following (at its election):

supplying the services again;
paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

17.4 Accessibility and operation of an Account and the App

17.4.1 The accessibility and operation of the App rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of the App and your Account associated with the App.

17.4.2 We may from time-to-time close or limit access to the App for various reasons including, for example, scheduled downtime.

17.4.3 From time to time, the App may contain links to other internet sites not operated by us. We do not control those sites and as such:

(a) are not responsible for their content; and

(b) these links do not indicate endorsement by us or support of any goods, services or content on those sites.

17.4.4 We cannot and do not guarantee that files available for downloading from any Account and the App will be free of viruses, or other codes that may corrupt or infect your computer. You are solely responsible for implementing virus checking and other procedures to prevent any such corruption or infection.

17.4.5 Intellectual property does or may subsist in or relate to the content in the App, including, but not limited to, copyright, patents and trademarks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in the App and by accessing and using the App, you acknowledge such ownership and/or licence.

17.4.6 No data, file, graphics, images, results or other content in the App, including content downloaded from the App and material you may receive in connection with the App, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.

18. Governing law

18.1 Application of Playing Rules and Legislation

18.1.1 You agree to be bound by the Playing Rules, which form part of our agreement with you and which you acknowledge may be amended by us from time to time. The Playing Rules can be found at Everyday Lucky.com.au.

18.1.2 You acknowledge that your use of our Products is subject to the Legislation of the state or territory in which you hold your Account.

18.1.3 In the event of any conflict between these Terms and Conditions and the Legislation, the Legislation will prevail to the extent necessary to resolve the conflict.

18.1.4 In the event of any conflict between these Terms and Conditions and the Playing Rules, the Playing Rules will prevail to the extent necessary to resolve the conflict.

18.1.5 These Terms of Use will be governed by and construed in accordance with the laws in force in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in Victoria in respect of any such dispute or matter arising from these Terms of Use.

18.1.6 You agree not to seek to stay or terminate any proceedings brought in the relevant jurisdiction set out in clause 18.1.5 on the grounds that the forum is not convenient or is less appropriate than some other forum.

18.2 Prohibited Jurisdictions

18.2.1 Residents of, or persons located in any country other than Australia and New Zealand (and any other jurisdiction agreed between us (at our absolute discretion) and you on a case-by-case basis) (Prohibited Jurisdictions), are not permitted to open, access, purchase through or deposit into or withdraw funds from any Account, or otherwise transact with us in any manner contemplated by these Terms and Conditions.

18.2.2 We reserve the right to reject, at our sole discretion, any withdrawals, deposits or transactions made on an Account from any Prohibited Jurisdiction for any reason.

18.2.3 You agree that you will not:

(a) access, bet through, deposit into or withdraw funds from, or otherwise transact using your Account while residing or located in a Prohibited Jurisdiction without being a current citizen of Australia or New Zealand; or

(b) deposit into or withdraw funds from, or request a withdrawal from your Account, either from or to an account or facility associated with a bank or any similar institution, in any Prohibited Jurisdiction, by any means, including, but not limited to, use of debit/credit card or internet banking.

18.2.4 We periodically monitor transactions on Accounts. You accept that if we detect activity which indicates to us that you are or may be within a Restricted Jurisdiction and are or may be playing on your Account, we may, in our discretion, either suspend or permanently close your Account. You accept that the data available to monitor playing on an Account is not always accurate and Everyday Lucky will use its discretion in accepting any purchases on your Account while conducting any investigation.

18.2.5 In the event that Everyday Lucky discovers that an Account has been opened by someone who resides in a Restricted Jurisdiction, Everyday Lucky may in its discretion close the Account and request proof of payment method, personal identification and bank account information prior to permitting a withdrawal of the original funds. Winnings may be forfeited if the Account holder opens the Account contrary to these Rules.

18.3 Excluded jurisdictions

18.3.1 In certain circumstances, in order for us to comply with the specific regulatory regimes, residents of certain Australian States and Territories may be ineligible to participate in certain offers, Products, Promotions. Any such restriction will be specified in the terms of the relevant offer, Promotion or product functionality as appropriate.

18.4 Assignment

18.4.1 We may assign our rights and obligations under these Terms and Conditions to a Third Party or Related Body Corporate and we will give you notice no later than 30 days after any such assignment occurs. If you consider that the assignment is detrimental to you, you may close your Account without being liable to pay any fees or charges to us.

18.5 Waiver

18.5.1 Any non-enforcement by us of any of our rights under these Terms and Conditions will not constitute a waiver of those rights. Any waiver by us of any of our rights under these Terms and Conditions will not constitute a waiver on any subsequent occasion.

18.6 Cross-references

18.6.1 There are clauses in these Terms and Conditions which cross reference or link to information on the Everyday Lucky App. 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 Terms and Conditions.

19. Definitions and interpretation

19.1 Interpretation

In these terms:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a "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;

(c) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(d) 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;

(e) references to any legislation or to any section or provision of any legislation includes reference to that legislation as amended, re-enacted or replaced;

(f) a reference to "includes" in any form is not a word of limitation; and

(g) a reference to "$" or "dollar" is to Australian currency.

19.2 Definitions

In these Terms and Conditions, unless the context requires otherwise:

Account means each of your EVERYDAY LUCKY accounts established pursuant to these Terms and Conditions;

App means any EVERYDAY LUCKY application available to access an Account including, EVERYDAY LUCKY Websites, EVERYDAY LUCKY's Mobile Applications, such other channels as EVERYDAY LUCKY may provide from time to time;

Account Data means the transactional data relating to your Account, including win/loss history, turnover history, purchase type selection and responsible gaming activity;

Approved Jurisdiction means any jurisdiction other than a Prohibited or Restricted Jurisdiction as defined in clause 18.2 and 18.3;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Proceeds means the total amount payable by us to the Eligible Participant in relation to the Eligible purchase under the relevant Playing Rules;

Playing Rules means the rules made by Everyday Lucky that govern the supply of their products, as approved by the relevant gaming regulator (if necessary);

Claim means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;

Consequential Loss means:

(a) any and all Loss suffered by a participant that cannot reasonably be considered to arise naturally from the breach, event or events giving rise to the losses; and

(b) any and all loss of profits, loss of revenue and loss of opportunities,

whether arising in contract, tort (including negligence) or equity or under any statute;

Deposit Limit means the amount of money that you can deposit into your Account in accordance with clause 13.3;

Designated Account means the account nominated by you for withdrawals from your Account;

Dividend or Payout and Refund means the total of the dividend or payout and refund (whether full or partial, including by way of abandonment) (as applicable) paid in relation to the relevant winning ticket in accordance with the applicable Playing Rules;

Eligible Participant means a customer that we have not determined to be ineligible for all Promotions and draws, including on the grounds of being a Restricted Person or otherwise in accordance with Terms and Conditions (including pursuant to clauses 13 and 14).

Excluded Customer means

(a) a EVERYDAY LUCKY customer who has notified us that they have difficulties managing their gaming behaviour;

(b) is a self-excluded patron (whether voluntarily or involuntarily);

(d) is a person who EVERYDAY LUCKY has notified is no longer an Eligible Participant for the purpose of specific Promotion.

Inactive means that there has been no deposit, withdrawal, product purchase, dividend or prize won or paid, on your Account;

Inactive Account means that your Account has been Inactive for a continuous period of at least twelve months in accordance with clause 12.1 or has otherwise been deemed Inactive by us in accordance with the Terms and Conditions;

Ineligible Customer means an EVERYDAY LUCKY customer who we determine is no longer eligible to participate in any draw, for example if the customer is exploiting Everyday Lucky in a manner which is not acceptable to us. We will use best endeavours to notify the customer as soon as possible after making such determination;

Legislation means, in respect of the products offered:

(a) Unlawful Gaming Act 1998 (NSW);

(b) Gaming and Racing Control Act 1999 (ACT);

(d) Racing and Playing Act 1983 (NT);

(e) Wagering Act 1998 (Qld);

(f) Authorised Playing Operations Act 2000 (SA);

(g) Gaming Control Act 1993 (Tas);

and all ordinances, by-laws, regulations or other statutory documents issued under each of the documents set out above;

Liability means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;

Loss includes any direct, indirect or Consequential Loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;

Member means a person who has been accepted by us as an Unrestricted Member (as applicable) following submission of an application for registration;

Player Tracking means the use of data algorithms and models to support the identification of customers who may be at risk of problem gaming;

Products means products and services as supplied by the Product Suppliers and any other products and services that we are lawfully able to supply from time to time, including but not limited to the services mentioned in these Terms and Conditions;

Prohibited Jurisdiction has the meaning given in clause 18.2;

Promotion Deposit has the meaning given in clause 61.1;

Recreational gamer means a gamer who, in our view and sole discretion, only plays on a recreational basis;

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth);

Restricted Member means a person whose identity, age and place of residence have not been verified in accordance with our identification procedures. A Restricted Member includes a person who has advised us of a change to their personal details, which has not been verified in accordance with our identification procedures;

Restricted Person means a person who is ineligible to participate in certain forms of gaming due to their direct or indirect involvement in the underlying activity, eg a direct employee of the Everyday Lucky company;

Spend Limit :

(a) means the dollar equivalent of purchases that can be purchased for NT, SA, QLD and TAS Account holders only; or

(b) has the meaning given in clause 13.4;

Everyday Lucky means Everyday Lucky Pty Ltd and its Related Bodies Corporate;

EVERYDAY LUCKY App means EVERYDAY LUCKY's iPhone App, iPad App and Android App;

EVERYDAY LUCKY Mobile Application means the EVERYDAY LUCKY App and other Everyday Lucky or promotional mobile applications available from time to time;

EVERYDAY LUCKY Website means Everyday Lucky.com.au and other Everyday Lucky promotional websites available from time to time;

Terms and Conditions means these terms and conditions;

Third Parties means any person who is not you or us;

Third Party Facilitators means a banking or financial institution or other financial service provider that facilitates the transfer of funds to or from your Account;

Unrestricted Member means a person whose identity, age and place of residence have been verified in accordance with our identification procedures;

We, us or EVERYDAY LUCKY means Everyday Lucky and each relevant authorised seller.

Government copy of License

Department of Industry, Tourism and Trade Approved Association License AAA1082