MJ029-1 Hotel Mystery Generic Rules - maxgaming nsw
MJ029-1 Hotel Mystery Generic Rules - maxgaming nsw
MJ029-1 Hotel Mystery Generic Rules - maxgaming nsw
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<strong>Mystery</strong> Inter-<strong>Hotel</strong> Linked Jackpot Games <strong>Rules</strong> for<br />
NSW <strong>Hotel</strong>s<br />
Document ID: C<strong>MJ029</strong><br />
Version 3.1<br />
15 May 2008
<strong>Mystery</strong> Inter-<strong>Hotel</strong> Linked Jackpot Games <strong>Rules</strong> for NSW<br />
<strong>Hotel</strong>s<br />
Change history<br />
Page 2 of 14<br />
<strong>Rules</strong> of the Game<br />
Version Date Description Author<br />
1.0 6 April 2004 <strong>Rules</strong> – <strong>Hotel</strong> <strong>Mystery</strong> G Watson<br />
1.1 1 January 2005 Name change to Maxgaming NSW Pty Ltd G Watson<br />
2.0 10 January 2006<br />
3.0 30 January 2008<br />
Include provision for fraternal jackpot pools and<br />
parent/child shared pools.<br />
Revised to cater for the retirement of product<br />
specific <strong>Rules</strong>, to include Intra-Venue Jackpot<br />
levels, and Signage.<br />
G Watson<br />
J Williams<br />
3.1 15 May 2008 Updated as per OLGR review. J Williams<br />
Document owner<br />
This document is controlled by Project Manager, Maxgaming.
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Contents<br />
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<strong>Rules</strong> of the Game<br />
1.0 <strong>Rules</strong> of <strong>Mystery</strong> Linked Jackpot Games.................................. 4<br />
1.1 Application of <strong>Rules</strong>............................................................................ 4<br />
2.0 Definitions and Interpretation....................................................... 4<br />
3.0 Object and Operation of Linked Jackpot System ................... 6<br />
4.0 Jackpots ............................................................................................. 7<br />
5.0 Eligibility and Obligations of <strong>Hotel</strong> ............................................. 8<br />
5.1 Eligibility and Disqualification of Players........................................ 8<br />
6.0 Jackpot Payments, Signage and Non-Monetary Jackpots... 9<br />
6.1 Payment of Monetary Jackpot Prizes ............................................. 10<br />
6.2 Payment of Non-Monetary Jackpot Prizes..................................... 11<br />
6.3 Termination of Non-Monetary Jackpots ........................................ 11<br />
7.0 Dispersal of Jackpot Contributions.......................................... 11<br />
8.0 False Wins and Unclaimed Jackpot Prizes............................. 12<br />
9.0 Breach of <strong>Rules</strong>.............................................................................. 12<br />
10.0 Dispute Resolution........................................................................ 12<br />
11.0 Limitation of Liability .................................................................... 13
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<strong>Rules</strong> of the Game<br />
1.0 <strong>Rules</strong> of <strong>Mystery</strong> Linked Jackpot Games<br />
1.1 Application of <strong>Rules</strong><br />
These <strong>Rules</strong>:<br />
� Are effective on and from the commencement date approved by the<br />
Regulator;<br />
� Govern all <strong>Mystery</strong> Inter-<strong>Hotel</strong> Linked Jackpot Games operated in <strong>Hotel</strong>s<br />
in NSW including:<br />
o Participation of gaming machines operated by hotels in a Linked<br />
Jackpot Game;<br />
o Connection of Specially Approved Gaming Machines (SAGMs) to<br />
the Linked Jackpot System; and<br />
o Playing of a Linked Jackpot Game by Players;<br />
� May be amended by Maxgaming from time to time, subject to the<br />
approval of the Regulator;<br />
� Are to be read subject to applicable legislation.<br />
These <strong>Rules</strong> are binding on all hotels. By entering into an agreement with<br />
Maxgaming regarding the connection of gaming machines to the Linked Jackpot<br />
System a hotel agrees to be bound by these <strong>Rules</strong>.<br />
These <strong>Rules</strong> are binding on all Players. By playing on a Participating Specially<br />
Approved Gaming Machine a Player agrees to be bound by these <strong>Rules</strong>.<br />
2.0 Definitions and Interpretation<br />
In these <strong>Rules</strong>:<br />
Accumulated Progressive Jackpot Amount is the total amount of Increment<br />
Contributions which have not been paid as jackpots.<br />
Act means the Gaming Machines Act 2001 (NSW) as amended from time to<br />
time.<br />
Approved means approved by the Regulator under the Act.<br />
Base Game means a game installed on a SAGM approved by the Regulator<br />
under the Act, irrespective of whether it is connected to a linked jackpot system.<br />
Central Operations means Maxgaming’s host controller for the Linked Jackpot<br />
System and/or Maxgaming’s staff that operate that host controller (as the context<br />
requires).<br />
Flasher means ancillary equipment (LED lights and associated artwork) specially<br />
fitted to each SAGM participating in a Linked Jackpot Game used to<br />
communicate jackpot availability and the occurrence of a jackpot win on the<br />
winning machine. The flasher is used to indicate the following states:<br />
1. Link Availability Light constantly on = jackpots available<br />
2. Link Availability Light off = jackpots and normal game play unavailable
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<strong>Rules</strong> of the Game<br />
3. Link Availability Light blinking = jackpots unavailable, but normal game<br />
available (Stand Alone Play)<br />
4. Jackpot Win light flashing = jackpot win on this machine<br />
Ineligible Players means Players who are not eligible to participate in a Linked<br />
Jackpot Game, as described in clause 5.1.<br />
Inter-<strong>Hotel</strong> Jackpot means a jackpot approved and authorised to operate on<br />
Maxgaming’s Linked Jackpot System in which SAGMs from two or more <strong>Hotel</strong>s<br />
participate.<br />
Intra-Venue Jackpot means an approved and authorised jackpot operated on<br />
Maxgaming’s Linked Jackpot System in which only SAGMs in one <strong>Hotel</strong><br />
participate, in compliance with the Gaming Machine Regulations, Part 5 Intravenue<br />
progressive gaming machines and progressive systems.<br />
Jackpot Contribution is the total amount that is deducted from the gaming<br />
machine turnover in order to build a Jackpot prize. Jackpot contributions are<br />
maintained in Jackpot Pools assigned to the Jackpot on the Linked Jackpot<br />
System for payment of Jackpot prizes. The Jackpot Contribution is made up of<br />
the Start Up Contribution plus the Increment Contribution.<br />
Increment Contribution is the amount that is derived from the gaming machine<br />
turnover in order to increase the Jackpot Value.<br />
Jackpot means a linked progressive jackpot prize payable to a Player in respect<br />
of a Linked Jackpot Game in accordance with these <strong>Rules</strong>.<br />
Jackpot Pool means the total amount maintained on the Linked Jackpot System<br />
to be paid as Jackpots.<br />
Jackpot Value means the current value of a Jackpot offered for play in a Linked<br />
Jackpot Game, as determined by the Linked Jackpot System.<br />
Linked Jackpot Game means a <strong>Mystery</strong> Inter-<strong>Hotel</strong> Linked Jackpot Game<br />
operated in accordance with the <strong>Rules</strong>, with at least one compulsory Inter-<strong>Hotel</strong><br />
Jackpot, and any optional Intra-<strong>Hotel</strong> Jackpots operating under one or more<br />
common jackpot themes. Each jackpot theme associated with a Linked Jackpot<br />
Game is also known as a Jackpot Product.<br />
Linked Jackpot System means the authorised Inter-<strong>Hotel</strong> Linked Gaming<br />
System as defined in section 141 of the Act, operated by Maxgaming under its<br />
exclusive licence granted under section 207A of the Liquor Act which licence<br />
continues under the Act as a licence to conduct an inter-hotel linked gaming<br />
system.<br />
Liquor Act means the Liquor Act 1982 (NSW).<br />
Maxgaming means Maxgaming NSW Pty Ltd (ABN 51 078 250 423) trading as<br />
Maxgaming.<br />
Player means a person who is not an Ineligible Player and who inserts money (or<br />
money equivalent) into a Participating Specially Approved Gaming Machine.<br />
Participating Specially Approved Gaming Machine or Participating SAGM<br />
means a SAGM that is authorised to connect to the Linked Jackpot System for<br />
participation in the Linked Jackpot Game.<br />
Regulator means:<br />
1. The current body or bodies that regulate the approval and use of electronic<br />
gaming machines.
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2. Any applicable Minister, regulatory body or bodies, or other person having<br />
regulatory authority in relation to part or all of the Linked Jackpot System.<br />
<strong>Rules</strong> mean these <strong>Rules</strong>, as amended from time to time in accordance with the<br />
Act and Maxgaming’s licence to operate the Linked Jackpot System.<br />
Jackpot Signage means a minimum of one electronic sign used for display of<br />
Jackpot Values, Jackpot wins and link status information, per Linked Jackpot<br />
Game, per <strong>Hotel</strong>, and includes the Flasher attached to each Participating SAGM.<br />
Jackpot Signage may also include Fixed non-electronic signs (posters) attached<br />
to a Participating SAGM and the Maxgaming Statewide Linked Jackpot logo.<br />
Specially Approved Gaming Machine or SAGM means an approved gaming<br />
machine that:<br />
1. Complies with the guidelines issued by the Regulator for the Linked Jackpot<br />
System.<br />
2. Is of a class of gaming machines specially approved by the Regulator for the<br />
purposes of Part 10 of the Act.<br />
Stand Alone Play means a period where Base Game play is available on<br />
Participating SAGMs but the Linked Jackpot Game and its Jackpots are<br />
unavailable for play due to specific Stand Alone Play conditions approved by the<br />
Regulator.<br />
Start Up Contribution is the amount that is derived from the gaming machine<br />
turnover in order to fund the minimum value of the jackpot.<br />
<strong>Hotel</strong>’s Gaming Hours means in relation to a <strong>Hotel</strong>, the hours that the <strong>Hotel</strong> is<br />
authorised to allow gaming at the <strong>Hotel</strong>. This will normally be the <strong>Hotel</strong> trading<br />
hours less the mandatory shutdown period, or an approved variation to that<br />
period.<br />
Terms used but not defined in these <strong>Rules</strong>, have the meaning given to them in<br />
the Act or the Liquor Act.<br />
If there is any inconsistency between the Act and the <strong>Rules</strong>, the Act or the will<br />
prevail to the extent of the inconsistency.<br />
3.0 Object and Operation of Linked Jackpot System<br />
The Linked Jackpot System connects electronically two or more SAGMs in<br />
different <strong>Hotel</strong>s to Central Operations, with the Jackpot Pool increasing by an<br />
amount equal to a percentage of turnover from all Participating SAGMs. Each<br />
Player playing in accordance with the <strong>Rules</strong> is eligible to win Jackpots offered for<br />
play in a Linked Jackpot Game.<br />
Maxgaming makes a standing offer to Players to pay Inter-<strong>Hotel</strong> Jackpots won by<br />
Players in a Linked Jackpot Game on the terms provided for in the Act,<br />
Maxgaming's Licence to operate the Linked Jackpot System and the <strong>Rules</strong>,<br />
which Players accept by conduct of playing the Participating SAGM.<br />
For the avoidance of doubt, the offer referred to in this clause 3 applies only to<br />
Inter-<strong>Hotel</strong> Jackpots. Nothing in the <strong>Rules</strong>, the offer referred to in this clause 3 or<br />
otherwise, makes Maxgaming in any way liable for, or bound to the <strong>Hotel</strong> or any<br />
Player in respect of, any other game or function of a Participating SAGM<br />
(including for the avoidance of doubt the Base Game and any jackpots operated<br />
on in-house linked progressive jackpot controllers in which the Participating
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4.0 Jackpots<br />
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<strong>Rules</strong> of the Game<br />
SAGM may from time to time participate) which are the relevant <strong>Hotel</strong>’s sole<br />
responsibility.<br />
Only SAGMs will be connected to a Linked Jackpot System.<br />
Every credit that is bet in each game played on a Participating SAGM which<br />
caused the gaming machine turnover meter to increment, will increase the<br />
Jackpot Value offered for play, and entitles the player to win a jackpot. The<br />
increment is directly proportional to the number of credits bet.<br />
When the Linked Jackpot System is unavailable for play to the hotel due to<br />
approved Stand Alone Play conditions, the Base Game play on Participating<br />
SAGMs will be available. Upon exit from Stand Alone Play, Increment<br />
Contribution generated during Stand Alone Play will be added to a separate pool<br />
for payment as part of future Jackpot prizes in the Linked Jackpot Game.<br />
Play of a Linked Jackpot Game on a Participating SAGM is permissible only<br />
during that <strong>Hotel</strong>’s, <strong>Hotel</strong> Gaming Hours and when the Linked Jackpot System is<br />
operational and the integrity of the Linked Jackpot System is maintained. If part<br />
or all of the Linked Jackpot System, or anything used by a <strong>Hotel</strong> to connect<br />
SAGMs to the Linked Jackpot System, malfunctions or fails, then neither<br />
Participating SAGMs within that <strong>Hotel</strong> nor any person playing them is eligible to<br />
participate in the Linked Jackpot Game.<br />
For each Linked Jackpot Game:<br />
� The minimum number of <strong>Hotel</strong>s with SAGMs participating in a Linked<br />
Jackpot Game is two.<br />
� The minimum number of Participating SAGMs per <strong>Hotel</strong> for inter-hotel<br />
jackpots is one.<br />
� There is no limit on the maximum number of Participating SAGMs or the<br />
maximum number of <strong>Hotel</strong>s that can be connected to, and participate in, a<br />
Linked Jackpot Game.<br />
� The minimum number of Participating SAGMs per hotel for Intra-<strong>Hotel</strong><br />
jackpots is two.<br />
� All SAGMs participating in an Intra-<strong>Hotel</strong> jackpot must also participate in<br />
at least one Inter-<strong>Hotel</strong> jackpot level of an approved Linked Jackpot<br />
Game.<br />
All <strong>Hotel</strong>s may be connected to the Linked Jackpot System for participation in a<br />
Linked Jackpot Game.<br />
Players playing Participating SAGMs are eligible to win Jackpots offered for play<br />
in a Linked Jackpot Game for each credit bet.<br />
Jackpots are triggered by the Linked Jackpot System. As well as determining<br />
whether a Jackpot has been won, the Linked Jackpot System also determines<br />
the amount of the Jackpot Value won.
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<strong>Rules</strong> of the Game<br />
The Linked Jackpot System will randomly trigger Jackpots based on play of a<br />
Participating SAGM for which a Player has bet money and caused the turnover<br />
meter to increment. The trigger is a function of the total number of credit bets, the<br />
Jackpot Increment Contribution rate and the programmed Jackpot Minimum and<br />
Jackpot Maximum values. A Jackpot will be won by the turnover increment which<br />
results in a Jackpot Increment Contribution which causes the current Jackpot<br />
Value to coincide with, or first exceed, a randomly generated value determined by<br />
the Linked Jackpot System within the programmed Jackpot Minimum and<br />
Jackpot Maximum.<br />
There is no double up/gamble feature game available for a Jackpot.<br />
Maxgaming is responsible for the correct operation of the Linked Jackpot System;<br />
however payments of Inter-<strong>Hotel</strong> Jackpots are the sole responsibility of<br />
Maxgaming while payments of Intra-<strong>Hotel</strong> Jackpots are the sole responsibility of<br />
the <strong>Hotel</strong>.<br />
Any two or more hotels may have SAGMs within each hotel, participate in the<br />
same Inter-<strong>Hotel</strong> Jackpot, provided that the jackpot configuration of this pool is<br />
approved and authorised, and the SAGMs also participate in an approved and<br />
authorised Linked Jackpot Game.<br />
A hotel that has more than one premise may have SAGMs within any of these<br />
premises participate in the same Inter-<strong>Hotel</strong> Jackpot, provided that the jackpot<br />
configuration of this pool is approved and authorised, and the SAGMs also<br />
participate in an approved and authorised Linked Jackpot Game.<br />
5.0 Eligibility and Obligations of <strong>Hotel</strong><br />
A <strong>Hotel</strong> must make the <strong>Rules</strong> available at the premises to any person on request.<br />
The <strong>Rules</strong> or a short form version of the <strong>Rules</strong> as provided by Maxgaming to<br />
<strong>Hotel</strong>s are to be displayed at each <strong>Hotel</strong> in close proximity to the Participating<br />
SAGMs in that <strong>Hotel</strong>.<br />
Players may only play Participating SAGMs at a <strong>Hotel</strong> during that <strong>Hotel</strong>’s <strong>Hotel</strong><br />
Gaming Hours. Maxgaming will not be liable to pay Jackpot prizes won by a<br />
Player outside of <strong>Hotel</strong> Gaming Hours.<br />
A <strong>Hotel</strong>’s authorised representative will conduct initial verification procedures in<br />
relation to connectivity, communication, and displayed jackpot levels for all<br />
Participating SAGMs and Jackpot Signage for each Linked Jackpot Game<br />
operating in the hotel, in order to ensure that the link will operate as approved<br />
and authorised.<br />
However the <strong>Hotel</strong> and the <strong>Hotel</strong>’s employees and representatives are not<br />
authorised to make any admissions on behalf of Maxgaming or to issue<br />
confirmation or complete verification of entitlements to Jackpots.<br />
5.1 Eligibility and Disqualification of Players<br />
To play a Linked Jackpot Game, a Player must insert money (or money<br />
equivalent) into a Participating SAGM. The minimum bet to participate in a Linked<br />
Jackpot Game is one credit bet on one line.
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<strong>Rules</strong> of the Game<br />
Any person who is under the age of 18 years or who is otherwise prohibited by<br />
law from playing a Participating SAGM is not eligible to participate in a Linked<br />
Jackpot Game or to claim a Jackpot.<br />
Any play of a Participating SAGM by an Ineligible Player is invalid and an<br />
Ineligible Player may not win a Jackpot.<br />
Maxgaming will not pay, or be required or liable to pay, any Jackpot prizes:<br />
� to Ineligible Players;<br />
� where there has (or Maxgaming has a reasonable suspicion that there<br />
has) been fraud or attempted fraud or a breach of the Act, or the <strong>Rules</strong>.<br />
Notwithstanding that play on a Participating SAGM may have been attempted or<br />
completed, Maxgaming may disqualify a person’s participation in a Linked<br />
Jackpot Game and is not required to pay any claimed Jackpot prize, where:<br />
� Maxgaming has reasonable suspicion of fraud or attempted fraud by a<br />
Player or other person.<br />
� Maxgaming has reasonable suspicion that the Act or the Registered<br />
<strong>Hotel</strong>s Act was breached by a person or in respect of the person’s use of<br />
the Participating SAGM.<br />
� Maxgaming has reasonable suspicion that the person is, or was at the<br />
relevant time, an Ineligible Player.<br />
� There is any other breach of the <strong>Rules</strong> that, in Maxgaming’s opinion,<br />
justifies disqualification.<br />
Disqualification in accordance with clause 5.1 may, in the absolute discretion of<br />
Maxgaming be reinstated.<br />
Maxgaming will not pay, or be required or liable to pay, any Jackpot prizes to a<br />
Player or other person who, or in respect of a claim which, has been disqualified<br />
(whether before or after the Jackpot is alleged to have been won) unless that<br />
disqualification is reinstated.<br />
Without limiting the operation of clause 11, the liability of Maxgaming to a Player<br />
who has been reinstated under clause 5.1, is limited to Maxgaming paying the<br />
Player the amount of any Jackpot prize won by the Player.<br />
6.0 Jackpot Payments, Signage and Non-Monetary Jackpots<br />
For each Linked Jackpot Game operating in the hotel, the current Jackpot Value,<br />
Jackpot Minimum and Jackpot Maximum for each Jackpot level, and jackpot win<br />
information, are displayed on Jackpot Signage assigned to the Participating<br />
SAGMs. All Jackpots to which a Participating SAGM is authorised to contribute<br />
are shown on Jackpot Signage visible from a normal playing position.<br />
The Jackpot Values are shown in dollars and cents, and Jackpot Signage<br />
increments in one cent amounts.<br />
When there is a difference in Jackpot Values between display types, as specified<br />
in this clause, Maxgaming, through Central Operations, determines the correct<br />
value.<br />
Following a win, the Jackpot Value is reset to the Jackpot Minimum (Start Up)<br />
value.
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<strong>Rules</strong> of the Game<br />
When a Jackpot win is triggered, the jackpot signage for all Participating SAGM’s<br />
in all <strong>Hotel</strong>s participating in that Jackpot will generate a win celebration listing:<br />
� The Jackpot name<br />
� The amount of the win<br />
� The location of the win (hotel name)<br />
� The winning gaming machine number<br />
The style and duration of the win celebration may vary between the Jackpot<br />
Levels.<br />
6.1 Payment of Monetary Jackpot Prizes<br />
Where the amount of a monetary Jackpot prize is not more than $3,000 that<br />
Jackpot may (but is not required to) be paid through a transfer by the use of<br />
Centralised Cash Control Equipment (CCCE) to credit on the winning<br />
Participating SAGM. Where that occurs, the <strong>Hotel</strong> will be deemed to have<br />
advanced to Maxgaming an amount equal to the amount of the Jackpot credited<br />
to the Participating SAGM as a result of the CCCE transfer, and also deemed to<br />
have been directed by Maxgaming to apply that advance by granting the<br />
associated credits on the Participating SAGM. The <strong>Hotel</strong> will then assume full<br />
responsibility for payment of the relevant credits.<br />
Where Jackpots are not paid through a transfer by the use of CCCE to credit on<br />
Participating SAGMs, including any CCCE jackpot transfer failures, Jackpot<br />
Prizes resulting from the Linked Jackpot Game are paid as follows subject to the<br />
<strong>Rules</strong> and the Act:<br />
� To claim a Jackpot:<br />
a) The Player must complete and sign a Statewide Link Prize Payment<br />
Form.<br />
b) The <strong>Hotel</strong> must sign the acknowledgment on the Statewide Link Prize<br />
Payment Form.<br />
c) The Statewide Link Prize Payment Form signed by the Player and<br />
<strong>Hotel</strong> must be submitted to Maxgaming at Central Operations for<br />
verification.<br />
� Maxgaming will then verify the integrity of the Linked Jackpot System<br />
infrastructure and the winning Participating SAGM at the time of the<br />
jackpot win, the entitlement of the Player to the Jackpot and the amount of<br />
the Jackpot.<br />
In the case of discrepancy of Jackpot Values between Jackpot Signage<br />
displays at the hotel, or between a Jackpot Signage display at the hotel<br />
and Central Operations, whether or not occurring as a result of a sign<br />
malfunction, the amount recorded by Central Operations will be the<br />
correct Jackpot Value.<br />
� Once the entitlement to the Jackpot and the amount of the Jackpot are<br />
verified, the Jackpot Value will be paid by Maxgaming through the <strong>Hotel</strong><br />
as Maxgaming’s payment agent, paying up to $2,000 in cash and drawing<br />
and issuing a cheque in the name of the Player for the balance within 24<br />
hours (on Business days Monday to Friday) or 72 Hours on non Business<br />
days (Saturday, Sunday and Public Holidays) of Maxgaming, through
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<strong>Rules</strong> of the Game<br />
Central Operations, acknowledging and verifying the entitlement to, and<br />
amount of, the Jackpot.<br />
� Any cheques issued in payment of a Jackpot prize will be crossed and<br />
marked “Not Negotiable” and payable to “Account Payee Only” and will be<br />
drawn in favour of the Player.<br />
The payment of prizes to Players known to be under legal incapacity or disability<br />
or those Players who are known to have died before receiving any or all of a<br />
particular prize is subject to, and will be made in accordance with, the laws of<br />
New South Wales.<br />
Subject to the <strong>Rules</strong> and the Act, personal anonymity will be respected at the<br />
Player’s request made on the Statewide Link Prize Payment Form at the time the<br />
win is processed. The Player acknowledges that Maxgaming or the <strong>Hotel</strong> may<br />
publish, or cause to be published, the name of the <strong>Hotel</strong> and / or geographic<br />
location at which the prize was won and the amount of the prize. A Player may at<br />
any time revoke a request for anonymity.<br />
6.2 Payment of Non-Monetary Jackpot Prizes<br />
On occasion approved non-monetary Jackpot Prizes may be offered, and may be<br />
for a set dollar amount. When jackpot prizes are for a set dollar amount the<br />
current Jackpot Value may not necessarily be displayed in dollars. The dollar<br />
amount and terms and conditions of a non-monetary prize must be displayed in<br />
Jackpot Signage assigned to the Participating SAGMs. The winning Player may<br />
elect to take the non-monetary prize or the equivalent amount in cash.<br />
The procedure for claiming non-monetary prizes is the same for cash jackpot<br />
prizes which have not been paid through the use of CCCE (as described above)<br />
plus the delivery of the non-monetary prize, which will be organised by the <strong>Hotel</strong>’s<br />
Representative and Maxgaming.<br />
6.3 Termination of Non-Monetary Jackpots<br />
Upon termination of a non-monetary Jackpot, any accumulated progressive<br />
jackpot amounts and the non-monetary jackpot prize payment balance shall be<br />
disposed of as approved by the Regulator.<br />
7.0 Dispersal of Jackpot Contributions<br />
Inter-<strong>Hotel</strong> Jackpot decommissioned<br />
If an Inter-<strong>Hotel</strong> Jackpot is decommissioned by Maxgaming from a <strong>Hotel</strong>,<br />
Maxgaming makes no allowances or payments to anyone in respect of any<br />
Accumulated Progressive Jackpot Amounts in the Jackpot Pool.<br />
If an Inter-<strong>Hotel</strong> Jackpot is decommissioned at Central Operations, subject to<br />
approval by the Regulator, Maxgaming will credit the amount of the Accumulated<br />
Progressive Jackpot Amounts towards the amount available for payment by way<br />
of jackpots in another Inter-<strong>Hotel</strong> Jackpot in the Linked Jackpot Game, or another<br />
Inter-<strong>Hotel</strong> Jackpot operating in the majority of participating hotels, or as<br />
otherwise directed by the Regulator.<br />
Intra-<strong>Hotel</strong> Jackpot Decommissioned
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The hotel will dispose of any Accumulated Progressive Jackpot Amounts for<br />
Intra-<strong>Hotel</strong> Jackpots in accordance with Clause 71 Disposal of authorised<br />
progressive gaming machines or systems, Division 2, Part 5 of the Gaming<br />
Machine Regulation 2002.<br />
8.0 False Wins and Unclaimed Jackpot Prizes<br />
False wins<br />
9.0 Breach of <strong>Rules</strong><br />
If Maxgaming determines that a Jackpot win arose from an unintended<br />
consequence or malfunction of the Linked Jackpot System, Linked Jackpot Game<br />
or a Participating SAGM, or there is a programming error, or there was an<br />
apparent win by a person in circumstances where Maxgaming is not required to<br />
make payment in accordance with clause 5 and 5.1 of these <strong>Rules</strong>, the Player or<br />
person claiming the prize is not entitled to receive payment and Maxgaming is not<br />
liable to pay the prize. Instead Maxgaming shall, subject to approval by the<br />
Regulator, make the amount of the Jackpot available for payment of future<br />
jackpots in the Linked Jackpot Game or as otherwise approved by the Regulator.<br />
Unclaimed Jackpot Prizes<br />
10.0 Dispute Resolution<br />
A cheque for a Jackpot that is not presented for payment within 12 months of the<br />
date of the relevant win may be cancelled. On cancellation of the cheque, the<br />
Player, and anyone claiming under or through the Player, loses all entitlements to<br />
that prize and, where the original cheque was drawn by the <strong>Hotel</strong>, the <strong>Hotel</strong> must<br />
refund to Maxgaming the amount of the prize.<br />
Neither Maxgaming nor the <strong>Hotel</strong> will then be under any further obligation to pay<br />
the amount of the prize. Instead, subject to Maxgaming receiving any relevant<br />
refund from the <strong>Hotel</strong>, Maxgaming must dispose of the money as directed by the<br />
Regulator.<br />
If a Player does not comply with the <strong>Rules</strong> that Player is not entitled to payment<br />
of any Jackpot.<br />
Any dispute in relation to a Linked Jackpot Game must be brought to the<br />
attention of the <strong>Hotel</strong>’s authorised representative. The <strong>Hotel</strong>’s authorised<br />
representative may then bring it to the attention of Maxgaming at Central<br />
Operations. Nothing said, written or done by a <strong>Hotel</strong> or its Authorised<br />
Representative constitutes an admission by, or is binding on, Maxgaming.
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Maxgaming and the <strong>Hotel</strong> are neither partners nor joint venturers, and neither<br />
has or accepts any liability on behalf of the other.<br />
Maxgaming, and not the <strong>Hotel</strong>, is responsible and liable for the payment of<br />
Jackpots won in accordance with these <strong>Rules</strong> and the Act.<br />
The <strong>Hotel</strong>, and not Maxgaming, is responsible and liable for the payment (subject<br />
to the Act, the <strong>Rules</strong> and any relevant terms and conditions), of any intra hotel<br />
jackpots and prizes in the Base Game, including payment of all prizes which<br />
result from the operation of the Base Game and any intra hotel jackpots.<br />
In this clause 11, Non-excludable Condition means an implied condition or<br />
warranty, the exclusion of which from a contract with a ‘consumer’ (as defined in<br />
the Trade Practices Act (Cth) 1974) would contravene a statute or cause part or<br />
all of the clause excluding that implied condition or warranty to be void.<br />
Except in relation to a Non-excludable Condition:<br />
� neither Maxgaming nor its officers, employees, representatives and<br />
contractors are liable for any consequential loss or damage, indirect loss<br />
or damage or loss of profits sustained by any Player or other person in<br />
connection with the Linked Jackpot System or a Linked Jackpot Game or<br />
Base Games or any intra hotel jackpots, even (without limiting the<br />
foregoing) where that loss or damage results from negligence or from a<br />
hardware or software defect or error. This applies even if there was prior<br />
knowledge that the loss or damage was possible or the loss or damage<br />
was otherwise foreseeable and also applies to exclude all liability for loss<br />
or damage suffered as a result of claims by any third person. The liability<br />
of Maxgaming to any Player or other third person (other than its liability for<br />
Jackpots to which a Player is entitled in accordance with these <strong>Rules</strong>) is<br />
limited in any case to the amount of a single credit bet on a Participating<br />
SAGM;<br />
� any conditions, terms or warranties which would otherwise be implied into<br />
this agreement (whether by statute or otherwise) are expressly excluded.<br />
For the avoidance of doubt, this does not prevent the <strong>Hotel</strong> applying and<br />
relying on terms and conditions which the <strong>Hotel</strong> may lawfully impose in<br />
relation to the Base Game and any intra hotel jackpots.<br />
Maxgaming’s liability to Players and any other person for any breach of a Nonexcludable<br />
Condition is limited to the maximum extent permitted under the<br />
relevant statute, including:<br />
� in the case of goods, to any one or more of the following (at the option of<br />
Maxgaming), replacing the goods or supplying equivalent goods, repairing<br />
the goods, paying the cost of replacing the goods or supplying equivalent<br />
goods or paying the cost of repairing the goods; and<br />
� in the case of services, to any one or more of the following (at the option<br />
of Maxgaming), supplying the services again or paying the cost of<br />
supplying the services again.<br />
Without limiting the generality of the above if Maxgaming, or the <strong>Hotel</strong> in its own<br />
right or on behalf of Maxgaming, in good faith pays or awards a prize in<br />
connection with the Linked Jackpot System or a Linked Jackpot Game to<br />
someone who appears to be the prize-winner (or their duly authorised<br />
representative) then to the maximum extent permitted by law that payment or
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award fully discharges Maxgaming and the <strong>Hotel</strong> (as the case may be) from all<br />
liability to the prize-winner, and to any person claiming under or through that<br />
prize-winner, in relation to that prize.