Normally, players receive a prize if a winning symbol appears three times per game. However, for the grand prize, the words "per game" were forgotten. Therefore, ticket buyers who scratched off the symbol for the grand prize three times in total across both games of the ticket filed a lawsuit. According to media reports, one player has already been successful in court.

In the 1.2 million scratch cards of series 446, titled "A Year of Christmas," around the turn of the year 2023/24, two grand prizes of monthly payments of 5,000 euros for one year were offered. However, since the game conditions for the two grand prizes forgot to include the note "per game," a ticket buyer already brought the matter before the District Court for Commercial Matters and, after the lotteries' appeal, also before the Commercial Court of Vienna.

Lotteries in Court: First Plaintiff Successful

In the second instance, the buyer was awarded the prize of 60,000 euros, as first reported by the news magazine "Profil." "From a professional game provider, the average recipient of the explanation expects particular accuracy and clarity in drafting the game conditions," the judge justified the verdict.

The lawyer for the ticket buyer, Oliver Peschel, now represents around 180 ticket holders and announced further lawsuits in the low double-digit range. This could become expensive for the lotteries: With around 200 ticket holders claiming the grand prize, the lotteries would have to pay out 12 million euros.

"Dishonest Business Model"

The lotteries naturally see the matter differently: If one follows the legal view of the plaintiffs, around 270,000 tickets would have won the grand prize - a total of around 16.2 billion euros. The legal department of the lotteries pointed out that, for example, a buyer had presented six tickets and therefore claimed the grand prize six times - even though it was only supposed to be awarded twice. This shows that a "dishonest business model" is being pursued here, "Profil" quoted Michael Czermak, head of the legal department.

The lotteries inform the plaintiffs through their lawyers that the gaming contract is being rescinded due to error - and offer to refund the purchase price of 3 euros per ticket. Lawyer Philipp Kalser, who also represents a plaintiff, does not accept this: An error "may possibly exist, but the clarification about it simply did not occur in time," said the attorney.

According to Peschel, individual plaintiffs are said to have already contacted the lotteries in November 2023 and claimed their supposed grand prize. However, the tickets were still being sold in January 2024, the lawyer noted in conversation with the APA.

(APA/Red)

This article has been automatically translated, read the original article here.