38Errors not to affect availability of prizes

38 Errors not to affect availability of prizes

38 Errors not to affect availability of prizes

(1) A participant in a gaming activity is not to be deprived of a right to a prize in the lottery merely because of a mistake (such as the inclusion of the wrong number of prizewinning symbols) in the production of the tickets for the activity or cards used for the purpose of the activity.

(2) Subclause (1) applies even though the pool of prizes or money set aside for the purchase of prizes has been exhausted or is insufficient to provide the relevant prize.

(3) Subclause (1) does not apply if—

(a) the mistake is in the prizewinning symbol or symbols on the relevant ticket or card, and

(b) the purchaser of the ticket, at or before the time of purchase, was provided with information as to, or could reasonably be expected to be otherwise aware of, the prizes being offered by the organisers.

(4) The cost of supplying additional prizes as a result of the operation of this clause—

(a) is to be met by the organisers of the gaming activity, and

(b) is not to be met from the gross proceeds of the gaming activity unless the gaming activity is conducted by the organisation concerned as principal.