App Ts & Cs

App Terms and Conditions

1. Introduction
1.1 The terms and conditions that apply to your use of the Mypowerballstrike.co.nz App ("Application") (“Terms”), comprise:
the terms and conditions set out below;
the Mypowerballstrike.co.nz Terms and Conditions, if you register as a Mypowerballstrike.co.nz player;
Mypowerballstrike.co.nz’s Privacy Policy; and
any specific terms and conditions applicable to games, promotions and services that you use or participate in using the Application.
1.2 You are deemed to accept these Terms when you download and each time you use the Application. It is important that you read these Terms carefully.
1.3 Please refer to “Legal and Privacy Policies” section of the Mypowerballstrike.co.nz website: https://mypowerballstrike.co.nz.co.nz (“Mypowerballstrike.co.nz Website”) for the current version of the Mypowerballstrike.co.nz Terms and Conditions, Privacy Policy and a full set of other terms and conditions applicable to Mypowerballstrike.co.nz.
1.4 Words used below that start with a capital letter, and are not defined in these terms and conditions, have the meaning given to them in the Mypowerballstrike.co.nz Terms and Conditions and the rules of interpretation included in the Mypowerballstrike.co.nz Terms and Conditions apply. References to "Mypowerballstrike.co.nz" or "we" are to the New Zealand Lotteries Commission.


2. Changes to these Terms and the Application
2.1 Mypowerballstrike.co.nz may amend these Terms from time to time by publishing an updated version in the Application and/or on the Mypowerballstrike.co.nz Website. Please check the Terms published in the Application and on the Mypowerballstrike.co.nz Website periodically for changes. By continuing to use the Application, you will be deemed to have accepted the updated Terms. In addition, if we consider any changes may be material to you, we will endeavour to alert you to the new Terms by a message on the Application and, if you are a Mypowerballstrike.co.nz Player, you may be required to actively accept the new Terms before being allowed access to your Account.
2.2 We may automatically issue any additional modified, updated or upgraded versions of the Application and modify, update or upgrade the version of the Application you originally downloaded and installed on your Device. These Terms will govern those versions unless accompanied by a separate agreement.


3. Warning – do you live outside New Zealand?
3.1 If you do not normally live in New Zealand, the laws in your jurisdiction may prohibit you from purchasing Tickets using the Application. Some jurisdictions (including the United States of America) have laws which entirely prohibit a person from purchasing Tickets using the Application. Other jurisdictions may have laws which set minimum age limits or laws which prohibit a person from purchasing Tickets using the Application in other ways. It is your responsibility to know and comply with all laws in your jurisdiction. We do not wish to violate any such law or to allow anyone to make an application for Registration or to purchase Tickets using the Application where doing so would violate any such law. If you are subject to any such law, you must not make an application for Registration or attempt to purchase Tickets using the Application.
3.2 If purchasing Tickets using the Application is illegal in the jurisdiction in which you are located, you are not authorised to purchase Tickets using the Application.


4. Use of the Application by Mypowerballstrike.co.nz Players
4.1 You can use the Application to apply for Registration as a Mypowerballstrike.co.nz Player, set-up a Mypowerballstrike.co.nz Account and participate in Lotteries. In order to apply for Registration as a Player you must read the Mypowerballstrike.co.nz Terms and Conditions carefully and you will be deemed to agree that you will be bound by them if your Registration is accepted by us.
4.2 The Mypowerballstrike.co.nz Terms and Conditions include important information about your use of the Application to participate in Lotteries, including information about:
registration as a Mypowerballstrike.co.nz Player;
Mypowerballstrike.co.nz Player Funds and Account operation;
participating in Lotteries and payment of Prizes; and
Responsible Gambling, exclusion periods and spending limits.
4.3 The Mypowerballstrike.co.nz Terms and Conditions relating to Account responsibility and security also apply to the Application. Without limiting those terms, in respect of the Application, you must also be aware that:
once you have logged into the Application, you may not be required to enter your password each time you use the Application, unless you log into your Account using the Mypowerballstrike.co.nz website or another device;
you will be responsible for any use of the Application, your Account or Player Funds by any other person and Mypowerballstrike.co.nz expressly disclaims liability in this regard;
you must delete the Application from your Device before you sell or transfer your Device to any other person; and
you must notify Mypowerballstrike.co.nz immediately by email to [email protected], and request cancellation or temporary suspension of your Mypowerballstrike.co.nz Account (Cancellation Request), if the security of your Mypowerballstrike.co.nz Account is compromised, including due to your Device being lost or stolen or your password and/or or security question becoming or likely to become known by another person.


5. Using the Application
5.1 To use the Application, you must have an internet-enabled iOS or Android device which is connected to the internet and uses a software version that supports the Application.
5.2 The Application is not sold to you. If you comply with these Terms, we grant you a personal, non-commercial, non-sub licensable, non-transferable, revocable licence to download, install and use the Application on any personal computer, mobile device or any other device that you own or control ("Device").
5.3 You are not permitted to:
(a) copy, modify, adapt, redistribute, reproduce, or create derivative works based on the Application or do anything that is inconsistent with Mypowerballstrike.co.nz and its licensors’ intellectual property rights in the Application;
(b) decompile, reverse engineer, or attempt to discover any source code, underlying user interface techniques or algorithms of the Application;
(c) alter any copyright or any other proprietary notices contained in the Application;
(d) use the Application for any illegal or unauthorised purpose;
(e) transmit any worms, viruses, or any code of a harmful, destructive or disabling nature ("disabling code") to us or cause disabling code to be transmitted to us;
(f) use or access the Application by any means other than through the interface provided by us; or
(g) make the Application available over a network where it could be used by multiple devices at the same time.
5.4 We reserve all rights not expressly granted to you.


6. Third Party Services
6.1 The Application may enable access to our or third parties’ websites and services. Use of these services may require Internet access and that you accept any additional terms of service associated with those websites and services. We do not control these websites and so cannot be held responsible for their content. Any links to third party websites do not indicate our endorsement or support of any goods, services or content on those websites and we will not be liable to you for any goods, services or content which may be purchased or accessed through these links unless they are supplied by us.


7. Privacy
7.1 Currently, we do not collect personal information about you when you use this Application, other than personal information that you provide when you set up and use your Account and your Device’s identification number. You can find further information about how we collect and use this information in Mypowerballstrike.co.nz’s Privacy Policy.
7.2 Your personal information will only be used for the purpose of providing or marketing Mypowerballstrike.co.nz's products and services to you (including to support functions available on the Application and to send you “push” notifications) and, if applicable, for the management of your Player Account. Your personal information will not be supplied for exploitation by any third party unless required by law. We may release aggregate statistics about Mypowerballstrike.co.nz players and Application trends, however, these statistics will not have any personal information which would identify you.
7.3 You have the right to access and request amendments or updates to your personal information by contacting us. We may require proof of identity before we disclose your personal information to you. Only specific employees within Mypowerballstrike.co.nz are able to access your personal information.
7.4 All Application users can choose to use the “store locator” function. The store locator uses the location services provided by your Device’s native operating system.


8. Google Analytics
8.1 Mypowerballstrike.co.nz uses Google Analytics. Google Analytics is an analytics service provided by Google, Inc. ("Google"). Google Analytics uses binary files placed on your Device to help the Application analyse how users use the Application. The information generated in the binary files about your use of the Application (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Application, compiling reports on application activity for application publishers and providing other services relating to application activity. Google may also transfer this information to third parties where required to do so by law, or where such third parties, and in particular the publisher of this Application, process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the Application, you expressly consent to the processing of data about you by Google.


9. Disclaimer
9.1 While we endeavour to supply accurate information through the Application, errors and omissions may occur. We do not give any warranty or other assurance as to the content of material appearing on the Application, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose. You are solely responsible for the actions you take in reliance on the content in the Application.
9.2 Although we endeavour to prevent the introduction of disabling code in the Application, we do not guarantee that the Application, or any data available from it, does not contain disabling code.


10. Limitation of Liability
10.1 To the maximum extent permitted by law, we and our subsidiaries, administrators, employees, contractors, partners and agents will not be liable for any direct, indirect, incidental or consequential loss, loss of a chance, damage (including but not limited to damage for loss of profits, business interruption, loss of programs or information, and the like), expense, claim (including but not limited to any claim attributable to errors, omissions or other inaccuracies in the Application, Mypowerballstrike.co.nz and/or our computer system and/or failures in the communications links provided by telecommunications carriers or service providers or between financial institutions and our computer system, materials or information downloaded through the Application), action or liability of any nature, whether arising in contract, tort (including negligence) or otherwise, from:
(a) your download, installation or use of, or inability to use, the Application;
(b) loss of data on your Device;
(c) browsing any internet site linked to the Application by hyperlink or otherwise;
(d) failure of or defect in the Application;
(e) failure, defect or destruction of any information systems used in connection with the Application;
(f) delays or lateness, however caused, which preclude anyone from accessing or consulting the draw results;
(g) errors, omissions, inaccurate or outdated information presented in the Application;
(h) the consequences of any disabling code contained in the Application or transmitted via the Application;
(i) failure, delay or other like circumstances attributable to third parties involved in the provision of services, including suppliers of telecommunication services or equipment;
(j) our decision to decline, deactivate, block, suspend or terminate your rights in connection with these terms and conditions for any reason, including your breach of these Terms;
(k) our decision to offer, withdraw, update or modify the Application;
(l) your Registration with Mypowerballstrike.co.nz, your Account and/or your Player Funds; and/or
(m) the purchase or attempted purchase by you of a Ticket, including the failure of the Application to give effect to any offer by you to purchase a Ticket whether accepted by us or not.
Nothing in these Terms and Conditions is intended to limit any rights that you may have under the Consumer Guarantees Act 1993.


11. Intellectual Property
11.1 The materials displayed on and used in the Application are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the Application and materials available through the Application, belong to us or to our licensors.
11.2 Our name and logo and all trademarks appearing on the Application belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trademarks without our prior written permission in each case.


12. Termination
12.1 We may limit, deactivate, block, suspend or terminate your access to the Application or these Terms with immediate effect. We may do so without notice, at any time, and for any reason, including if:
(a) we consider that you have failed to comply with these Terms; or
(b) we cease to offer or withdraw the Application.
12.2 On termination of this agreement, you shall cease all use of and delete from your Device all copies (full and partial) of the Application. Our termination of this agreement does not limit any other remedies we may have.
12.3 You can delete the Application on your mobile device at any time. You must notify Lotto by email to [email protected] if you wish to delete your Mypowerballstrike.co.nz account. Unless you advise otherwise, Mypowerballstrike.co.nz will retain a copy of your login details and other information such as financial transaction records for Mypowerballstrike.co.nz’s audit and compliance purposes.


13. Transfer
13.1 We may transfer any or all of our rights and obligations under this agreement to a third party. You may not assign or otherwise transfer any of your rights or obligations under this agreement to any third party.


14. Governing Law
14.1 This agreement has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not this Application is appropriate for download, installation or use in other countries. If you choose to download, install or use the Application from outside of New Zealand, you are responsible for compliance with applicable local law.
14.2 These Terms are governed by and construed in accordance with New Zealand law and you submit to the exclusive jurisdiction of the Courts of New Zealand.


These Terms were last updated in November 2016.