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Oregon Bulletin

August 1, 2013

Oregon State Lottery, Chapter 177

Rule Caption: Amends rules for Lottery second chance drawings, promotions, giveaways, player loyalty programs, housekeeping changes

Adm. Order No.: LOTT 2-2013

Filed with Sec. of State: 6-24-2013

Certified to be Effective: 7-1-13

Notice Publication Date: 3-1-2013

Rules Amended: 177-010-0003, 177-040-0050, 177-040-0200, 177-046-0015, 177-046-0080, 177-046-0100, 177-046-0110, 177-046-0140, 177-050-0002, 177-050-0024, 177-050-0025, 177-050-0100, 177-051-0000, 177-051-0010, 177-051-0030, 177-051-0035, 177-051-0040, 177-051-0120, 177-051-0130, 177-052-0000, 177-052-0010, 177-052-0020, 177-052-0030, 177-052-0040, 177-052-0050, 177-052-0060, 177-052-0070, 177-070-0005

Rules Repealed: 177-010-0003(T), 177-040-0050(T), 177-040-0200(T), 177-046-0015(T), 177-046-0080(T), 177-046-0100(T), 177-046-0110(T), 177-046-0140(T), 177-050-0002(T), 177-050-0024(T), 177-050-0025(T), 177-050-0100(T), 177-051-0000(T), 177-051-0010(T), 177-051-0030(T), 177-051-0035(T), 177-051-0040(T), 177-051-0120(T), 177-051-0130(T), 177-052-0000(T), 177-052-0010(T), 177-052-0020(T), 177-052-0030(T), 177-052-0040(T), 177-052-0050(T), 177-052-0060(T), 177-052-0070(T), 177-070-0005(T)

Subject: The Oregon State Lottery amended these rules to add a definition of “second chance drawing”; amend the definition of “prize”; require a retailer to return non-winning tickets to the player; prohibit Lottery retailers from conducting second chance drawings using non-winning Lottery tickets; clarify that the Lottery or its authorized drawing agent may conduct drawings; prohibit multiple ownership of non-winning Lottery tickets submitted for second chance drawings; restrict who may claim a prize in a second chance drawing to the person who submitted the entry; authorize Lottery second chance drawings using Scratch-it tickets; require retailers to return unsold Scratch-it tickets within six weeks after activations have ended for that game in order to receive credit for unsold, activated tickets; make general housekeeping updates to Division 51 Promotions; remove an unneeded reference to the awarding of points and the use of a multiplier by the Lottery for player loyalty programs; specify that a person may have only one registered membership at a time; clarify that unclaimed second chance prizes are forfeited and remain the property of the Lottery Commission; and make various housekeeping changes to the rules and correct cross references.

Rules Coordinator: Mark W. Hohlt—(503) 540-1417

177-010-0003

Definitions

(1) “Business day” means the period beginning at 5 a.m. of a calendar day and ending at 4:59 a.m. on the morning of the next calendar day.

(2) “Business week” means the period beginning at 5 a.m. on a Sunday and ending at 4:59 a.m. the following Sunday morning.

(3) “Business year” means the period beginning at 5 a.m. on the Sunday immediately following the last Saturday in June, and ending at the end of the business day of the last Saturday of the following June.

(4) “Commissioner” has that definition as defined in ORS 461.010(2).

(5) “Director” has that definition as defined in ORS 461.010(3).

(6) “Drawing coordinator” means the Lottery employee designated by the Assistant Director for Security, subject to the approval of the Director, to develop and implement procedures for conducting drawings.

(7) “Immediate family” and “family member” mean a natural person’s spouse, child, brother, sister, or parent by blood or adoption.

(8) “Lottery” or “State Lottery” has that definition as defined in ORS 461.010(1).

(9) “Lottery Commission” or “Commission” has that definition as defined in ORS 461.010(4).

(10) “Lottery contract” means any contract entered into by the Lottery for the purchase, lease, or sale of goods or services.

(11) “Lottery contractor” or “contractor” has that definition as defined in ORS 461.010(9).

(12) “Lottery game” or “game” has that definition as defined in ORS 461.010(5).

(13) “Lottery game retailer” or “retailer” has that definition as defined in ORS 461.010(7).

(14) “Lottery Headquarters” means the Debbs Potts Oregon State Lottery Commission building located at 500 Airport Road SE, Salem, Oregon.

(15) “Lottery Kiosk” means a location, other than Lottery Headquarters, where Lottery tickets or shares are sold directly to the public by Lottery employees.

(16) “Lottery sales location” means a Lottery Kiosk, Lottery Headquarters, or sales by the Lottery through electronic means.

(17) “Lottery vendor” or “vendor” has that definition as defined in ORS 461.010(8).

(18) “Person” has that definition as defined in ORS 461.010(6).

(19) “Prize” means any award of economic value, monetary or otherwise, that may be distributed to a Lottery player for submitting a valid claim based on a winning Lottery ticket or share, or for a winning entry in a second chance drawing.

(20) “Retailer contract” means any written contract entered into by the Lottery with a retailer for selling Lottery tickets or shares to the public.

(21) “Second Chance Drawing” or “2nd Chance Drawing” means a drawing in which an eligible non-winning Oregon Lottery® ticket or share is submitted to the Lottery for entry into a drawing for a chance to win a prize.

(22) “Share” means an opportunity to win a prize in a Lottery game that does not use certificates or tokens, such as in Video LotterySM games.

(23) “Ticket” means a certificate or token of the opportunity to win a prize in a Lottery game.

(24) “Traditional Lottery games” means the following lottery games offered by the Oregon State Lottery:

(a) Scratch-itsSM;

(b) Lottery Raffle Game;

(c) MegabucksSM;

(d) Pick 4SM;

(e) Lucky LinesSM;

(f) Powerball®;

(g) Sports ActionSM;

(h) ScoreboardSM;

(i) Win for LifeSM;

(j) Keno;

(k) Mega Millions®,

(l) Second chance drawing; and

(m) Any other Lottery game designated by the Oregon State Lottery Commission as a Traditional Lottery game.

(25) “Unclaimed prize” means any prize offered in a Lottery game which has not been submitted to the Lottery for validation and prize payment within the specified prize claim period and for which the Lottery has data or evidence that the ticket or share was sold or distributed to the public.

(26) “Video LotterySM game retailer” or “Video LotterySM retailer” has that definition as defined in ORS 461.217.

(27) “Video LotterySM game terminal” means a type of video device for the playing of Video LotterySM games which is in a console that contains a game platform with a video display and a random number generator, is connected to and monitored by a central system, and accepts cash payments to permit a person to play the Video LotterySM games offered on the terminal for the opportunity to win a prize. Unless the context or a specially applicable definition indicates otherwise, any reference to a “Video LotterySM terminal”, “video lottery terminal”, or “video terminal” in OAR Chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “Video LotterySM game terminal” as defined in this section. Video LotterySM Game Terminal does not include any device determined by the Oregon State Lottery Commission not to be a Video LotterySM game terminal.

(28) “Website” means the Lottery’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Lottery for a particular promotion or promotional program.

(29) “Winner claim form” means a form provided by the Lottery to a player for the purpose of claiming a prize.

Stat. Auth.: ORS 461 & OR Const. Art. XV, § 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.215, 461.217, 461.220 & 461.250

Hist.: LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04; LOTT 6-2004, f. & cert. ef. 5-26-04; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-040-0050

Retailer Duties

(1) General: This rule contains duties to be performed by a Lottery retailer beyond those duties described in the Lottery retailer contract. The duties listed herein are not meant to be exclusive. Other duties and requirements for retailers may be contained elsewhere in OAR division 177, ORS Chapter 461, or in the Lottery retailer contract.

(2) All Retailers: All Lottery retailers shall:

(a) Stock Equipment: Keep all Lottery equipment on the retailer’s premises stocked with a variety of Scratch-itSM tickets, play slips, computer-generated tickets, and any other Oregon Lottery® product required to be sold. Unless exempted by the Lottery, if a Lottery retailer fails to stock or replenish these items as they are made available for sale by the Lottery, or as they are depleted because of purchase or use, the Lottery may remove the equipment.

(b) Perform Minor Maintenance: Replace ribbons, ticket stock, and clear paper jams as may be required for any of the equipment provided by the Lottery for the sale of Lottery tickets or shares.

(c) Maintain Paper Stock: Install and use only approved Lottery-provided paper stock which has been specifically assigned to the selling retailer when selling Lottery tickets and shares.

(d) Obtain Permits: Be required to arrange for and obtain all necessary permits required by federal, state, and local governments for electrical installation, electrical power, telephone service, fiber optic lines and connections, and coaxial cable and connections required to sell Lottery tickets or shares at the retail site.

(e) Pay Amounts Due: Pay the amount due to the Lottery for the sale of Lottery tickets or shares by the use of an electronic funds transfer (EFT). In most instances, this EFT shall occur at the end of the fourth day after the close of each Lottery business week. When an applicant operates multiple Lottery retail sites before the effective date of this rule, the routine date of the EFT collection may be set beyond the fourth day after the close of the business week in order to accommodate the needs of the combined sites.

(3) Traditional Lottery Game Retailers: A Lottery retailer authorized to sell traditional Lottery games is required to:

(a) Scratch-ItSM Validation: Validate a Scratch-ItSM ticket presented to the retailer by a player through equipment provided by the Lottery connected to the Lottery’s central computer system. The retailer is required to destroy a winning ticket after validation and payment of the prize. Any Lottery retailer who does not destroy a winning ticket after validation and payment of the prize is liable for a prize paid by another Lottery retailer who subsequently pays the ticket. The retailer is required to return a non-winning ticket to the player.

(b) Draw Game Validation: Validate a Draw game ticket through the Draw game terminal before paying a Draw game prize.

(c) Underage Play: Monitor Lottery player-operated vending machines, as defined in OAR 177-045-0000, to prevent underage play.

(4) Video Retailers: A Video LotterySM game retailer is required to:

(a) Cash Slip Validation: Validate any Video LotterySM cash slip presented for payment that was issued at the retailer’s location, through the Lottery’s on-site video validation terminal before paying a Video LotterySM prize, except for those cash slips required to be validated and paid at Lottery Headquarters in Salem.

(b) Restrict Visibility: Restrict Video LotterySM game terminals from visibility from areas outside of the business and from view of dining areas or other areas where minors are permitted to linger.

(c) Age-Posted Area: Maintain Video LotterySM game terminals in an area of the business that is prohibited to minors. The area must be posted as such by the Oregon State Lottery or the Oregon Liquor Control Commission. This restriction against minors does not apply to minors who qualify under the exceptions permitted by the Oregon Liquor Control Commission for access to areas normally prohibited to minors.

(5) Sanctions: The Director may sanction a Lottery retailer for the loss, damage, or destruction of any winning game ticket or share. This includes, but is not limited to: Imposing a requirement for remedial training for the retailer or the retailer’s employees, and any other actions for failure to perform contract duties or requirements as described in the Lottery retailer contract or OAR chapter 177.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461

Hist.: LC 4-1995, f. 4-27-95, cert. ef. 5-1-95; LOTT 5-1999(Temp), f. & cert. ef. 5-26-99 thru 6-26-99, Administrative correction 11-17-99; LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00; LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 22-2002, f. & cert.. ef. 11-25-02; LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04; LOTT 6-2004, f. & cert. ef. 5-26-04; LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10; LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-040-0200

Lottery Retailer Second Chance Drawings

Lottery retailers are prohibited from conducting second chance drawings for prizes which require the use of a non-winning Oregon Lottery® ticket or share as an entry into a drawing conducted or operated by the retailer.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.200

Hist.: LOTT 12-2001(Temp) f. & cert. ef. 9-12-01 thru 3-7-02; LOTT 14-2001, f. & cert. ef. 12-3-01; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-046-0015

Definitions

For the purposes of division 46, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Drawing” means the procedure whereby the Lottery, or a drawing agent, selects the winner or the winning combination in accordance with the rules of the game.

(2) “Drawing agent” means a Lottery vendor or other designee who, subject to the approval of the Director, is designated by the Assistant Director of Security to conduct specified drawings on behalf of the Lottery.

(3) “Electronic drawing” means any drawing that involves the use of a random number generator or other computer-driven or computer-assisted device to determine winners or winning combinations, and manual interaction is incidental to the selection process.

(4) “Electronic drawing equipment” includes any computer-driven or computer-assisted device used by the Lottery, or a drawing agent, for the purpose of determining winners or winning combinations, including, but not limited to, devices used by the Lottery’s central gaming system for Lottery’s Draw games, or for the Lottery’s periodic internet entry, raffle, second-chance drawings, or promotional games.

(5) “Manual drawing” means any drawing that does not involve the use of a random number generator or any other computer-driven or computer–assisted device to determine winners or winning combinations, and manual interaction is primary to the selection process.

(6) “Manual equipment” includes any mechanical equipment or non-electronic method used by the Lottery, or a drawing agent, for the purpose of determining winners or winning combinations, including, but not limited, to Lottery’s periodic raffle games.

(7) “Random number generator” means a computer-driven electronic device capable of producing numbers at random.

Stat. Auth.: ORS 461

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260

Hist.: LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-046-0080

Drawings

(1) Drawing Coordinator and Procedures: Subject to the approval of the Director, the Lottery’s Assistant Director for Security may designate a Lottery employee as a Drawing Coordinator, and may designate a drawing agent to conduct drawings. Drawings shall be conducted pursuant to drawing procedures approved by the Lottery’s Assistant Director for Security and the Director.

(2) Drawing Equipment: The Lottery may use any type of equipment or method, including electronic or manual equipment and any variety of existing or future methods or equipment, for determining the winner or winning combination in any Lottery game that involves a drawing. The Lottery shall ensure the security and integrity of any equipment used to determine a winner or winning combinations. The Lottery will approve the equipment and procedures used by any drawing agent who conducts a drawing for the Lottery.

(a) Electronic Drawing Equipment: Any electronic connections to electronic drawing equipment must be made by a secure method. The Lottery shall test the equipment periodically or as needed to ensure proper operation and lack of tampering or fraud. The Lottery shall have its random number generators, or any other computer-driven or computer-assisted device used for a drawing, statistically analyzed, tested, and certified by an independent, qualified statistician for integrity.

(b) Manual Equipment: The use of any manual equipment used by the Lottery, or a drawing agent, to determine a winner or winning combinations must comply with the provisions of ORS 461.230(2).

(c) Random Number Generators: The Lottery, or a drawing agent with Lottery approval, may use random number generators to determine winning numbers for Lottery games, and to select a winning entry in a Lottery second chance drawing.

(3) Security: Subject to the approval of the Director, the Lottery’s Assistant Director for Security shall approve procedures to ensure the physical security of the Lottery’s drawing equipment, and the drawing equipment used by a drawing agent, and shall specify the individuals who shall have physical access to any drawing equipment. Any random number generator, or any other computer-driven or computer-assisted device, used by the Lottery, or a drawing agent, to determine winners, winning combinations, or winning entries shall be kept in a sealed enclosure within a secure area.

(4) Drawing Errors: If, during a game drawing, an equipment failure or operator error causes an interruption in the selection of numbers, symbols, or entries, a technical difficulty will be declared. Any number drawn prior to the declaration of a technical difficulty will stand and be deemed official when verified.

(5) Delay in Payment and Resolution: The Director will delay payment of all prizes if any evidence exists or there are grounds to suspect equipment malfunction, tampering, or fraud. In such event, the Lottery will not pay any prize until the Lottery completes an investigation and the Director approves the drawing and authorizes payment. If the Director does not approve the drawing, it will be void and the Lottery, or a drawing agent, will conduct another drawing to determine the winner or the winning combinations.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260

Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-046-0100

Ownership of Lottery Tickets and Shares

(1) Bearer Instrument: Except for a Lottery ticket or share claimed jointly in accordance with the provisions of OAR 177-046-0110(6) of this rule, until such time as a name of an individual or individuals is placed upon a Lottery ticket or share, the ticket or share is a bearer instrument and is owned by the bearer of the ticket or share. When a name or names is placed on the ticket or share, the ticket or share ceases to be a bearer instrument and the individual whose name appears on the ticket or share is the owner of the ticket or share. Only a natural person may own a ticket or share and claim a prize.

(2) Multiple Names: Multiple individuals may jointly own, possess, and claim a prize as owners of a winning ticket or share. Multiple individuals hold the ticket or share as tenants in common. Multiple individuals may specify the percentage of ownership each person holds. Each person must hold $1.00 of the prize at a minimum.

(3) Second Chance Drawing: Notwithstanding sections (1) and (2) of this rule, only one natural person can claim ownership of a non-winning ticket or share used to enter a second chance drawing. Non-winning tickets submitted and accepted as a valid entry in a Lottery second chance drawing cannot be jointly owned. Only the person who claims ownership may submit the non-winning ticket as an entry to a second chance drawing and only that person may claim the prize if the person’s entry is selected as a winning entry in a second chance drawing.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260

Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-046-0110

Payment of Prizes

(1) General: All winning Lottery tickets or shares may be presented to the Oregon State Lottery for payment. Winning tickets or shares for prizes of $600 or less may also be presented for payment to the appropriate Lottery retailer specified in the applicable game rule.

(2) Mailing Address: Winners who mail a winning Lottery ticket or share to the Lottery must sign the Lottery ticket or share, write the claimant’s mailing address on the ticket or share, and mail it to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered mail is recommended.

(3) Lottery Headquarters Address: Winners who present a claim in person at the Lottery may do so by bringing the winning Lottery ticket or share to the Oregon State Lottery Headquarters, Player Services, 500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours.

(4) Retailer Validation and Payment of Prizes of $600 or Less: To determine whether a Lottery ticket or share presented for payment entitles the holder to a prize, a retailer must validate the claim with the Lottery by scanning the bar code or manually entering the bar code number printed on each Lottery ticket or share into equipment provided by the Lottery, and, if authorized by the Lottery, pay the player the prize amount due.

(a) Retailer Payment: A retailer is authorized to pay a prize of $600 or less and shall pay that prize in cash or check, or any combination thereof.

(b) Lottery Payment: If a retailer’s prize payment check is dishonored, the player may seek payment from the Lottery by presenting a copy of the dishonored check to the Oregon State Lottery, Player Services Office, 500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours, or by mailing a copy of the dishonored check with a winner claim form to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. If the Lottery determines that payment of the prize is authorized, the retailer has not paid the prize, and it is unlikely that the retailer will pay the prize, the Lottery may then issue a check to the player in the amount of the prize due less any applicable tax withholding.

(c) Retailer Sanction: A retailer that pays a prize with a check that is dishonored may be subject to termination of the Lottery Retailer Contract.

(5) Lottery Validation and Prize Payment: Upon validation of a winning Lottery ticket or share presented to the Lottery for payment, the Director may pay the amount of the prize to the player less any applicable tax withholding. If the Director determines that the ticket or share is invalid, or a non-winning ticket or share, or the claim is invalid, the Director shall deny the claim and notify the player. An invalid ticket or share will not be returned to the player and is not eligible for any second chance or promotional drawing. A non-winning ticket will only be returned to the player if the player provides return postage and a self-addressed envelope or mailing container in which to return the ticket.

(a) Lottery Prize Payment of $600 or Less: Payment may be made by check, cash card, or in cash, or any combination thereof.

(A) Lottery Headquarters: Cash prize payments made at Lottery Headquarters are limited to $50 per person per day. Any prize payment balance remaining above $50 shall be paid by check. Payment may be made in person or by mail, except that the Lottery will not mail cash.

(B) Lottery Kiosk: Cash prize payments made at a Lottery kiosk are limited to $100 per transaction. Any prize payment balance remaining above $100 shall be paid by cash card.

(C) Prizes by Mail: A winning ticket or share may be submitted to the Lottery by mail. If mailed, the player must sign the ticket or share, write the player’s mailing address on the ticket or share, and mail it to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered mail is recommended.

(b) Lottery Prize Payment of Prizes Greater than $600: A player must claim a Lottery prize of more than $600 by:

(A) Claiming in Person: Bringing the ticket or share to the Oregon State Lottery Headquarters, Player Services Office, 500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours and presenting the ticket or share to the Lottery; or

(B) Claiming by Mail: Signing the ticket or share, writing the player’s mailing address on the ticket or share, completing a winner claim form, and mailing it together with the winning ticket or share to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered mail is recommended. The winner claim form may be obtained from any Lottery retailer, from a Lottery kiosk, from the Lottery Headquarters at the addresses listed above, or downloaded from the Lottery’s website.

(c) High Tier Prize Payments: The Lottery will pay a winning ticket or share by check, or subject to OAR 177-010-0050, may pay the prize in merchandise if the prize is merchandise.

(6) Claiming Lottery Tickets or Shares Jointly: If more than one name appears on a Lottery ticket or share, or if a Lottery ticket or share is owned by two or more persons, the prize must be claimed in accordance with the following:

(a) General: All persons claiming ownership of the winning Lottery ticket or share must complete and sign the Lottery’s request and release form. Each of the persons signing the form must indicate each person’s proportionate share of the prize. Each person must receive at least $1.00. At least one of the persons claiming ownership of the ticket or share must sign the ticket or share. That person’s signature must also appear on the request and release form. If a winning ticket or share is mailed to the Lottery Headquarters with multiple signatures on it, the Director will mail the request and release form to the claimants.

(b) Deceased Signatories: A deceased signatory who dies before signing the request and release form will be presumed to have an ownership interest equal to that of the other signatories. In the event there is a deceased signatory, the Director may withhold payment for 60 days from the date of validation to allow co-owners the opportunity to seek a declaratory ruling from a court.

(c) Relinquishment of Interest: When a person who has signed a Lottery ticket or share wishes to relinquish the person’s ownership interest in the Lottery ticket or share, that person must sign the Lottery’s release of ownership form relinquishing the person’s ownership interest. In no event will a person be permitted to relinquish ownership interest once it is determined that the person owes money for child support or other legal attachment has taken place. Once the Lottery receives the release of ownership form, it is irrevocable.

(d) Issuance of Prize Checks to Multiple Owners: If a validated winning Lottery ticket or share is claimed by multiple owners who are sharing a single prize, the Director will issue to each person claiming a share of the prize amount, a check for the portion of the prize amount claimed by each multiple owner, the total not to exceed the total prize amount. No cash payments will be made to multiple owners. However, the Director reserves the right to issue a single prize check to an individual whose name appears on the ticket or share instead of multiple prize checks to the owners of the ticket or share if the value of each individual prize check would be less than $50 or if the number of persons claiming a share of the prize exceeds 100 people. The Lottery shall pay multiple winners of a Lottery prize only at the Lottery Headquarters in Salem. Lottery retailers are not authorized to pay multiple winners who share a single prize.

(e) Payment to Multiple Owners at Lottery Kiosk: Notwithstanding subsection (6)(d) of this rule, the Lottery may pay multiple winners of a single Lottery prize at a Lottery kiosk if the total amount of the prize is $600 or less. Payment shall be made as set forth in paragraph (5)(a)(B) of this rule.

(f) Conflicting Information or Discrepancies: If there is conflicting information or discrepancies between the names on a winning Lottery ticket or share and the names on a claim form, the Lottery may withhold prize payment until the owners resolve the conflicting information. Discrepancies include, but are not limited to: Names or addresses scratched out or erased, or unreadable or altered names or addresses.

(g) Investigations: At the discretion of the Director, the Lottery may conduct an investigation to aid in the determination of the rightful owners prior to payment of any prize.

(h) Determinations: The Director’s decisions regarding the determination of a winning Lottery ticket or share, or the determination of the rightful owner or owners of a prize, or of any other dispute or matter arising from payment or awarding of prizes are final and binding on all parties.

(7) Payment of Prizes Donated Anonymously to Non-Profit Groups and Others:

(a) General: The Director may pay a prize according to written anonymous instructions received with a winning Lottery ticket or share. The recipient must be a natural person or a non-profit group as described in Section 501(c)(3) of the Internal Revenue Code.

(b) Adult Recipient: If the intended recipient is a natural person of majority, the Director will contact the person and make payment to the person in accordance with the anonymous written instructions.

(c) Minor Recipient: If the intended donation benefits a natural person who is a minor, the Director will make payment in accordance with the Oregon Uniform Transfers to Minors Act, Oregon Revised Statutes (ORS) 126.805 to 126.886.

(d) Non-Profit Group as Recipient: If the intended recipient qualifies as a non-profit group as described in Section 501(c)(3) of the Internal Revenue Code, the Director will make payment only as follows:

(A) Identification of Recipient: The Director will attempt to identify and contact the intended recipient. The intended recipient shall designate in writing an agent, (a natural person) to act on its behalf and to receive the prize payment on behalf of the recipient. The Director shall confirm both the written authorization and the agent. An intended recipient is encouraged to select a bonded agent.

(B) Appearance: The agent shall appear in person at the Lottery Headquarters in Salem to claim the prize payment on behalf of the intended recipient. The Director may confirm to the Director’s satisfaction that the agent is authorized to accept the donation in the agent’s own name on behalf of the intended recipient.

(C) Signature and Payment: Subsequent to receipt of acceptable identification, along with a completed claim form from the agent, and the Director’s review and approval, the agent, in the presence of a duly authorized Lottery official, shall sign the agent’s own name on the winning Lottery ticket or share in the place indicated on the ticket or share and immediately return it to the Lottery. The Director shall then make payment to the agent less any applicable tax withholding.

(D) Identification of Donor: If the Director can reasonably identify the donor, the Director shall not make payment as specified above, but shall instead contact the donor and notify the donor to retrieve the Lottery ticket or share upon presenting acceptable proof of identification. The donor may retrieve the winning ticket or share in person at the Lottery Headquarters in Salem upon the presentation of acceptable proof of identification. The prize, less any applicable tax withholding, will be paid to the donor upon validation of the winning ticket or share.

(e) Win for Life Prize: If the winning Lottery ticket received is a Win for Life top prize of $1,000 a week for life, the prize paid will be the lump sum guaranteed five year payment under the Win for Life game rules.

(f) Forfeiture of Unclaimed Prize: In the event that the Director is unable to locate the intended recipient or the anonymous donor, the winning Lottery ticket or share shall be retained until the end of the prize claim period. After the end of the prize claim period, the ticket or share shall constitute an unclaimed prize as described in OAR 177-010-0085 and shall be forfeited to the public purpose.

(g) Discharge of Lottery from Liability: The State of Oregon, its agents, officers, employees, and representatives, including but not limited to, the Oregon Lottery, its Director, agents, officers, employees, and representatives, are discharged of all liability upon payment of an anonymously donated prize in accordance with this rule and any applicable game rules to the extent that they do not conflict with this rule. The Lottery is not responsible in any way for the fulfillment or completion of the agreement between the intended recipient and the agent. The Lottery’s decisions regarding the determination that a Lottery ticket or share donated anonymously is, or is not, a winning ticket or share or any question or dispute arising from the payment of such a prize is final and binding on all parties. In the event a question or issue arises regarding payment of a prize donated anonymously, the Director may withhold payment until the question or issue is resolved. The Lottery, the intended recipient or custodian, if the intended recipient is a minor, or the designated agent if the intended recipient is a non-profit group, may petition a court of competent jurisdiction for judicial resolution of the matter.

(8) Second Chance Drawing Prize: Sections (6) and (7) of this rule are not applicable to a prize claim from a second chance drawing. Prizes awarded by the Lottery from second chance drawings must be claimed in accordance with the provisions of OAR 177-052-0060 and only the person who submitted the winning entry in a second chance drawing may claim and be paid the prize.

(9) Social Security Numbers: Each United States resident who is to receive a payment of winnings greater than $600 shall furnish to the Lottery the information required on the Internal Revenue Service Form W-2G (or any other form required by the IRS,) including but not limited to the winner’s name, address, and social security number. This disclosure is mandatory and the authority for such disclosure is 42 USC 405(c)(2)(C), 26 CFR 31.3402(q)-1(e), and ORS 461.715(1)(a). A winner’s social security number will be used for the purpose of identifying child support obligors and submitting required documents to state and federal tax authorities.

(10) Payment Decisions: The Director shall make the final decision on whether any prize is paid or any annual prize payment is made. All prizes shall be paid within a reasonable time after they are validated, unless the Director delays a prize payment. The Director may, at any time, delay any prize payment in order to review the validity of a prize claim, or review a change of circumstances relative to the prize awarded, the payee, or the claim, or review any other relevant matter that may come to the Director’s attention. Except as set forth in OAR 177-098-0060, for any prize requiring annual payments, all payments after the first payment shall be made on the anniversary date of the first payment in accordance with the type of prize awarded. Any delayed annual payment will be brought up to date immediately when payment is authorized by the Director.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260

Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06; LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08; LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10; LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-046-0140

Suspension of Play

(1) Suspension of Drawings: At the discretion of the Director, any Lottery drawing may be suspended.

(2) Refund Options: If the Director suspends a drawing after Lottery tickets or shares have been sold for that drawing, a player may receive a refund of the player’s ticket or share price, or a replacement Lottery ticket or share from another Lottery game, or the Director may hold a replacement drawing at the Director’s discretion.

(3) Termination of Games: A Lottery game may be discontinued at any time.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260

Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-050-0002

Definitions

For the purposes of division 50, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Pack” means a book of shrink-wrapped Scratch-itSM game tickets which may or may not be attached to each other by perforations.

(2) “Pack-Ticket Number” means the uncovered number printed on a Scratch-itSM ticket which consists of a game number, a unique pack identification number, and a ticket number.

(3) “Play Symbols” mean the figures printed under each of the rub-off spots on the playing surface of a Scratch-itSM ticket.

(4) “Play Symbol Caption” means the material printed below each play symbol on a Scratch-itSM ticket which repeats or explains the play symbol. Only one play symbol caption is printed under each play symbol.

(5) “Retailer Validation Code” means the small letters found under the removable rub-off latex that covers the play symbols on the playing surface of a Scratch-itSM ticket. The letters appear in varying locations beneath the removable rub-off latex and among the play symbols.

(6) “Scratch-itSM” means a game in which winning tickets are produced at the time of manufacture with the aid of equipment, and the winning tickets are identified after purchase by scanning the bar code or manually entering the bar code number printed on each ticket with equipment provided by the Lottery. A Scratch-itSM game ticket offers a player the opportunity to remove a latex covering on the playing surface of a ticket and play the Scratch-itSM ticket for entertainment purposes. A non-winning Scratch-itSM game ticket may also offer a player the opportunity to enter a Lottery second chance drawing for a prize in accordance with the provisions of division 52 of OAR chapter 177.

(7) “Ticket Validation Number” means the unique number covered by latex on the playing surface of a Scratch-itSM ticket.

(8) “Void if Removed Number” (VIRN) means the series of digits on a Scratch-itSM ticket covered with latex which is used in the validation process.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.010

Hist.: LC 7-1987, f. & ef. 4-29-87; LC 13-1987(Temp), f. & ef. 7-27-87; LC 15-1987, f. 8-24-87, ef. 9-1-87; LC 4-1988, f. & cert. ef. 1-26-88; LC 6-1993, f. & cert. ef. 7-2-93; LOTT 15-2001, f. & cert. ef. 12-3-01; LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 24-2002, f. & cert. ef. 11-25-02; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08; LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-050-0024

Method of Determining Winners

(1) General: Winning tickets in a Scratch-itSM game are determined at the time of manufacture when winning tickets are produced at random with the aid of equipment in accordance with the payout percentage and prize structure established for the game.

(2) Determination of a Winning Ticket: To determine a winning ticket, the official bar code or bar code number printed on the ticket must be scanned or manually entered either at the Lottery’s Headquarters in Salem or at a retail site by a Lottery retailer into equipment connected to the Lottery’s central computer system. If the ticket is a winner, Lottery’s computer system will identify it as such based upon the official bar code or bar code number. Removing the latex covering on the playing surface of the ticket does not identify a winning ticket. The latex covering feature is offered for entertainment purposes only. The ticket holder must notify the Lottery or a retailer of the apparent winning ticket and submit it for validation as specified in these rules in order to claim a prize. The ticket must be validated in accordance with Lottery’s administrative rules as may be amended from time to time before a prize may be paid.

(3) Second Chance Drawings: To determine a winner of a second chance drawing, the Lottery will follow the requirements set forth in OAR 177-052-0050.

(4) Highest Prize: Only the highest prize amount will be paid on a winning Scratch-itSM ticket, except for games which are designed to offer multiple prizes. In all events, the determination of prize winners is subject to the general ticket validation requirements set forth in OAR 177-050-0027 and any additional requirements set forth on each Scratch-itSM ticket. If the terms on a ticket conflict with the Lottery’s administrative rules, then the rules are the controlling authority.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.230

Hist.: LC 7-1987, f. & ef. 4-29-87; LC 4-1990, f. & cert. ef. 4-3-90; LC 8-1990(Temp), f. & cert. ef. 6-26-90; LC 11-1990, f. & cert. ef. 8-21-90; LC 6-1993, f. & cert. ef. 7-1-93; LOTT 15-2001, f. & cert. ef. 12-3-01; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08; LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-050-0025

Payment of Prizes

(1) Prizes of $600 or Less: Prizes of $600 or less from winning Scratch-itSM tickets shall be claimed by one of the following methods:

(a) Retailer Prize Payment: The player may present a winning Scratch-itSM ticket to a Lottery retailer. The retailer shall determine whether the ticket entitles the holder to a prize, validate the claim with the Lottery by scanning the bar code or manually entering the bar code number printed on the ticket into equipment provided by the Lottery, and, if authorized by the Lottery, pay the player the prize amount due. A retailer that is authorized to pay a prize of $600 or less shall pay that prize in cash or by check, or any combination thereof.

(b) Lottery Prize Payment of $600 or Less: Upon validation of a winning ticket under OAR 177-050-0027, the Lottery will pay the amount of the prize to the player. Payment may be made by check, cash card, or in cash, or any combination thereof. If the ticket is determined to be invalid or a non-winning ticket, or the claim is invalid, the claim shall be denied and the claimant notified.

(A) Lottery Headquarters: Cash prize payments made at Lottery Headquarters are limited to $50 per person per day. Any prize payment balance remaining above $50 shall be paid by check. Payment may be made in person or by mail, except that the Lottery will not mail cash.

(B) Lottery Kiosk: Cash prize payments made at a Lottery kiosk are limited to $100 per transaction. Any prize payment balance remaining above $100 shall be paid by cash card.

(C) Prizes by Mail: A winning Scratch-itSM ticket may be submitted to the Lottery by mail. If mailed, the player must sign the ticket, write the player’s mailing address on the ticket, and mail it to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered mail is recommended.

(2) Prizes Greater than $600: A player must claim a winning Scratch-itSM ticket prize of more than $600 by:

(a) Claiming in Person: Bringing the ticket to the Oregon State Lottery Headquarters, Player Services Office, 500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours and presenting the ticket to the Lottery; or

(b) Claiming by Mail: Signing the ticket, writing the player’s mailing address on the ticket, completing a winner claim form, and mailing it together with the winning ticket to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered mail is recommended. The winner claim form may be obtained from any Lottery retailer offering traditional games, from a Lottery kiosk, from the Lottery Headquarters at the addresses listed above, or downloaded from the Lottery’s website.

(c) Lottery Prize Payment: Upon validation of a winning ticket under OAR 177-050-0027, the Lottery will pay by check the amount of the prize to the player, less any applicable tax withholding. If the ticket is determined to be invalid or a non-winning ticket, or the claim is invalid, the claim shall be denied and the player notified.

(3) Second Chance Drawing Prizes: Prizes awarded by the Lottery from second chance drawings must be claimed in accordance with the provisions of OAR 177-052-0060.

(4) Validation and Payment of Lost, Damaged, or Destroyed Tickets for Prizes Greater than $600: If a player of a Scratch-itSM prize of more than $600 cannot submit an intact winning ticket because a Scratch-itSM game retailer lost, damaged, or destroyed the ticket while attempting to perform validation procedures on the game ticket, a prize claim based on the lost, damaged, or destroyed ticket may still be validated provided the claim is made before the end of the one year claim period after the end of the game as described in OAR 177-050-0100.

(a) Player Form and Affidavit: To claim a prize based on a lost, damaged, or destroyed ticket, the player must obtain, complete, and sign a winner claim form and a claim affidavit furnished by the Lottery. The player shall submit the two completed forms along with any other evidence of the validation attempt that is in the player’s possession (including, but not limited to, the “This is not a Ticket” slip produced by the terminal at the time of the validation attempt) to the Lottery at the addresses listed in section (1)(b) of this rule, either by mail (registered mail recommended) or in person at the Lottery Headquarters in Salem during Lottery business hours.

(b) Evidence: The evidence submitted by the player must corroborate the validation attempt including, but not limited to, identification of the Lottery game retailer or clerk who attempted to validate the prize, the time and date of the validation attempt, the ticket validation number, the terminal number, and the prize amount.

(c) Investigation: The Assistant Director for Security will conduct an investigation to determine if the claim and winning game ticket are valid.

(d) Retailer Affidavit: A retailer who is the subject of an investigation conducted under this section must complete and provide to the Lottery a retailer affidavit form explaining the events in question.

(e) Director’s Determination: Based upon all the facts and information available, the Director shall make a determination whether prize payment is warranted and authorized.

(f) Payment of Prize: Upon the Director’s determination that the ticket submitted under this section is a valid, winning ticket, and that the player is the proper person to whom a prize is payable, the Lottery shall present or mail a check to the player in payment of the appropriate prize amount less any applicable tax withholding.

(g) Restriction of Payment: Payments of claims submitted under this section are restricted to the prize amount.

(h) Retailer Sanctions: The Director may sanction a Lottery game retailer for the loss, damage, or destruction of a winning Scratch-itSM game ticket including, but not limited to, imposing a requirement for training for the retailer or the retailer’s employees, and any other actions that the Lottery may take in response to a retailer’s failure to perform contract duties or requirements as described in the Lottery retailer contract.

(i) Notification of Denial: If the ticket is determined to be invalid or a non-winning ticket, or the claim is invalid, the claim shall be denied and the player notified.

(5) Time Limit: A prize claim for a winning Scratch-itSM ticket must be made under this rule within the time limit specified in OAR 177-050-0100. A prize claim from a second chance drawing must be made within the time limit specified in OAR 177-052-0060.

(6) Invalid Tickets: Any ticket not passing all applicable validation checks is invalid and void for claims made under OAR 177-050-0025(3). A player submitting an invalid or void ticket is ineligible for any prize and no prize shall be paid for such a ticket. An invalid ticket will not be returned to the player and is not eligible for any second chance or promotional drawing.

Stat. Auth.: ORS 461, OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260

Hist.: SLC 4-1985(Temp), f. & ef. 1-29-85; SLC 8-1985, f. & ef. 6-21-85; SLC 4-1986, f. & ef. 2-25-86; SLC 27-1986, f. & ef. 11-24-86; LC 7-1987, f. & ef. 4-29-87; LC 4-1990, f. & cert. ef. 4-3-90; LC 8-1993, f. 9-22-93, cert. ef. 10-18-93; LOTT 15-2001, f. & cert. ef. 12-3-01; LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 24-2002, f. & cert. ef. 11-25-02; LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06; LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08; LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 9-2008, f. 11-21-08, cert. ef. 12-1-08; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-050-0100

Official End of Scratch-itSM Ticket Games and Last Date to Claim a Prize or to Receive Credit for Unsold Scratch-itSM Tickets

(1) Director’s Determination: The Director shall determine the official ending date of a Scratch-itSM ticket game.

(2) Notice: The Director shall announce the official ending date of each Scratch-itSM ticket game by any reasonable means, which may include: Notice on the Lottery’s website, media advertisements, or notice through Lottery retail sales sites.

(3) Last Date to Claim a Prize: In accordance with ORS 461.250(7), the last date to claim a prize from a winning Scratch-itSM ticket is one calendar year from the official ending date of the particular Scratch-itSM ticket game, unless the Lottery Commission defines a shorter time period to claim a prize in a particular Scratch-itSM ticket game. A prize must be claimed by 5:00 p.m. on the last date to claim a prize and if not claimed by that date is an unclaimed prize. If the final date of the claim period falls on a day when the Oregon Lottery Headquarters is not open to the general public, such as a weekend, Lottery holiday, or furlough closure day, the claim period shall be extended until 5:00 p.m. on the next day the Oregon Lottery Headquarters is open to the general public.

(a) Second Chance Drawings: Prize claims made under second chance drawings utilizing non-winning Scratch-itSM tickets must be made within the time limits specified in OAR 177-052-0060.

(4) Unsold Returns: To receive credit for unsold, activated tickets in a Scratch-itSM ticket game that is ending, a retailer must return the tickets to the Lottery within six weeks following the date when the Lottery stops activating the tickets in that Scratch-itSM ticket game. Lottery will announce to the Lottery retail sales sites the date the tickets will no longer be activated. Upon a showing of good cause by the retailer, the Director may authorize credit for unsold, activated Scratch-itSM tickets returned beyond this six-week period.

Stat. Auth.: ORS 461 & Or. Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250, & 461.260

Hist.: LOTT 9-2008, f. 11-21-08, cert. ef. 12-1-08; LOTT 3-2009, f. 2-27-09, cert. ef. 3-1-09; LOTT 2-2010, f. 1-29-10, cert. ef. 2-1-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0000

Purpose

The purpose of this division of OAR chapter 177 is to authorize and set forth the provisions for promotions, giveaways that may be conducted from time to time, and Player Loyalty Programs of the Oregon State Lottery. The rules in this division do not apply to promotions conducted by Lottery retailers or incentive programs that the Lottery may conduct for Lottery retailers.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0010

Definitions

For purposes of division 51, the following definitions apply, unless the context requires otherwise:

(1) “Drawing” means a certain type of promotion in which the Lottery, or a drawing agent, randomly selects an entry from among entrants in order to award a promotional reward or giveaway to the person whose entry is selected.

(2) “Giveaway” means Lottery-branded merchandise, cash, a coupon, or any other item of value given by the Lottery to a person as a means of promoting the sale of the Lottery’s tickets and shares.

(3) “Player Loyalty Program” refers to a promotional program offered by the Lottery to encourage loyalty to Lottery products, where persons who qualify must register to become a member in order to participate in the Player Loyalty Program.

(4) “Promotion” means an activity that directly or indirectly promotes the sale of Lottery tickets or shares through use of a Player Loyalty Program, promotional rewards, giveaways, or any other item or player incentive offered by the Lottery.

(5) “Promotional Reward” means an item of value that may be awarded to a person in a promotion through a drawing.

(6) “Website” means the Lottery’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Lottery for a particular promotion or promotional program.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0030

Promotions

(1) Authorization: At the discretion of the Director, the Lottery may conduct promotions that directly or indirectly promote the sale of Lottery® tickets or shares.

(2) Participation: A person may participate in a promotion only if eligible, as solely determined by the Lottery. No purchase is required and there is no fee for participation in a Lottery promotion. No person may claim any right to participate in any promotion or promotional program or to receive from the Lottery any promotional reward, giveaway, or any other item of value offered by the Lottery through a promotion.

(3) Applicable Laws: A promotion is subject to all applicable laws and administrative rules related to the Lottery and to any additional terms and conditions relating to the promotion that are posted by the Lottery on its website. The Lottery may change the terms and conditions of a promotion at any time and for any reason, with or without prior notice.

(4) Void if Prohibited: Any promotion conducted by the Lottery is void where prohibited by law.

(5) Non-Transferable: Promotional rewards, giveaways, or any other items of value offered through a promotion are not transferable and a person may not assign or otherwise transfer any right to receive such items. The Lottery will not make any substitutions.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0035

Player Loyalty Program

(1) General: The Lottery may offer a Player Loyalty Program. A Player Loyalty Program is a promotional program offered by the Lottery to promote the sale of Lottery® tickets and shares. Participation by members who join as members is voluntary and for entertainment purposes only. No person may claim any right to participate in a Player Loyalty Program offered by the Lottery, nor may a person claim any right to receive a promotional reward, giveaway, or any other item of value offered by the Lottery through a Player Loyalty Program.

(2) Eligibility: A person must meet the requirements in OAR 177-051-0040 in order to become a member and be eligible to participate in a Player Loyalty Program.

(3) Membership Application: To participate in a Player Loyalty Program, a person must become a member by electronically completing a registration process that includes providing the person’s name, physical address, e-mail address, and any other information required by the Lottery.

(4) Terms and Conditions: Participation in a Player Loyalty Program offered by the Lottery is subject to all terms and conditions governing the program. The terms and conditions shall be posted on the website. By applying for membership, a person expressly accepts the terms and conditions at the time the person completes the registration process. The terms and conditions may be modified at any time, with or without prior notice, even if such modification may affect a member’s participation in the Player Loyalty Program or affect the member’s receipt of a promotional reward, giveaway, or any other item of value offered by the Lottery under a Player Loyalty Program.

(5) Discontinuation of Program: The Lottery may discontinue a Player Loyalty Program at any time, with or without prior notice by the Lottery. Once a program is discontinued, a member’s eligibility for promotional rewards, giveaways, or any other item of value offered by the Lottery under the program terminates.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0040

Eligibility

(1) Requirements: To be eligible to receive any promotional reward, giveaway, or any other item of value offered in a Lottery promotion, or to participate in a Player Loyalty Program, a person must meet the following requirements:

(a) Be a natural person 18 years of age or older, unless a specific promotion or Player Loyalty Program requires the entrant to be 21 years of age or older;

(b) Must not be:

(A) An employee or representative of the Lottery, or the spouse, child, brother, sister, or parent of any such employee or representative;

(B) An employee or representative of the Oregon State Police, Gaming Enforcement Division; or

(C) A Lottery vendor who is prohibited by contract with the Lottery from participating in the promotion or is prohibited from playing Lottery games.

(c) Must accept and abide by all terms and conditions applicable to the promotion.

(2) Disqualification: If at any time the Lottery determines that a person who participates in a promotion, including, but not limited to a Player Loyalty Program, does not meet the eligibility requirements listed above, that person is disqualified. A person who is disqualified is not eligible to participate in the promotion and is not eligible to receive any promotional reward, giveaway, or any other item of value offered in the promotion. If a person who is disqualified has received a promotional reward, giveaway, or any other item of value in the promotion, the Lottery, in its sole discretion, may require the person to return the promotional reward, giveaway, or other item or incentive to the Lottery.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0120

Limitation of Liability

(1) General: The State of Oregon, its agents, officers, and employees, the Oregon State Lottery Commission, and the Oregon State Lottery, and its agents, officers, and employees, are not liable for any:

(a) Late, lost, misrouted, garbled, distorted, or damaged entries, claims, other communications, or transmissions;

(b) Telephone, electronic, hardware, software, network, Internet, or other computer, or communications-related malfunctions or failures;

(c) Promotion disruptions, any printing or typographical errors in any materials associated with a promotion;

(d) Entries, claims, or other communications not received by the Lottery, or if applicable, by a Lottery contractor, vendor, or authorized agent, or that are lost in the mail or delivered elsewhere, or are electronically misrouted or misdirected; or

(e) Other injuries, losses, or damages arising from, related to, or caused by a promotion, or any claims arising from or related to the acceptance, possession, or use of any promotional reward, giveaway, or any other item of value offered by the Lottery.

(2) Voluntary Participation: Participation in a promotion is voluntary. Acceptance of any promotional reward, giveaway, or other item of value offered in a promotion is voluntary. Promotions that require persons to compete with other persons, play games, or complete tasks, or any similar activities carry a risk of personal injury or death. Participation is at the person’s own risk. The State of Oregon, its agents, officers, and employees and the Oregon State Lottery Commission and the Oregon State Lottery, its agents, officers, and employees, are not liable for any personal injury, loss, or consequential damage arising from, related to, or caused by a person’s participation in any promotion. Possession, use, or participation in any activity resulting from the acceptance of a promotional reward, giveaway, or other item of value awarded to a person by the Lottery carry a risk of personal injury or death. Such acceptance is at the person’s own risk. The State of Oregon, its agents, officers, and employees and the Oregon State Lottery Commission and the Oregon State Lottery, its agents, officers, and employees, are not liable for any personal injury, loss, or consequential damage arising from, related to, or caused by a person’s acceptance of any promotional reward, giveaway, or other item of value awarded to the person by the Lottery.

(3) Disputes: In the event a person disagrees with the Lottery’s determination that the person is not eligible to participate in a promotion, or has not complied with the terms and conditions of a promotion, and therefore should not receive a promotional reward, giveaway, or any other item of value offered by the Lottery, the Lottery’s determination is final. At the sole discretion of the Lottery, and if the person is eligible, the Lottery may provide the person with the opportunity to enter another promotion, or may provide the person a ticket or share from any current Lottery game. This is the person’s sole and exclusive remedy.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-051-0130

Miscellaneous

(1) Cancellation of Promotions: The Director may cancel or postpone any promotion at any time in the exercise of the Director’s sole discretion, with or without prior notice.

(2) Conflicting Provisions: In the event of a conflict between the Lottery’s rules in division 51 and the terms and conditions of any promotion, these rules control.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03; LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0000

Purpose

The purpose of this division of OAR chapter 177 is to authorize and set forth the provisions for second chance drawings that the Oregon State Lottery, or a drawing agent, may conduct from time to time.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0010

Definitions

(1) “Active Scratch-itSM game” means a Lottery Scratch-itSM game that has not officially ended as set forth in OAR 177-050-0100.

(2) “Entry Requirements” means the instructions that specify how to enter a second chance drawing.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0020

Eligibility

(1) Requirements: To be eligible to win a prize in a second chance drawing, a person must meet the following eligibility requirements:

(a) Be a natural person 18 years of age or older;

(b) Must reside in the United States;

(c) Must be a registered member on a Lottery designated website;

(d) Must submit a valid entry with the required information, through whichever method for entry the Lottery requires for the particular second chance drawing and by the deadline specified by the Lottery; and

(e) Must not be:

(A) An employee or representative of the Lottery, or the spouse, child, brother, sister, or parent of any such employee or representative;

(B) An employee or representative of the Oregon State Police, Gaming Enforcement Division; or

(C) A Lottery vendor who is prohibited by contract with the Lottery from participating in a second chance drawing or is prohibited from playing Lottery games.

(2) Person Ineligible: If at any time the Lottery determines that a person who submitted a second chance drawing entry does not meet the requirements listed in section (1) of this rule, that person is disqualified and is ineligible for a prize. If the Lottery determines that a person who is disqualified is the winner of a second chance drawing prize, the prize will not be awarded to the winner and becomes an unclaimed prize and is the property of the Lottery Commission to be allocated to the benefit of the public purpose.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0030

Entry Requirements

(1) Method of Entry: The Lottery will determine the method of entry for any second chance drawing, which may include, but is not limited to, electronic entry through a website, mail, or walk-in entries.

(2) Electronic Entry: To submit a valid electronic entry, a person must:

(a) Register as a member on a Lottery designated website. A person may only have one active membership at a time;

(b) Enter the Game ID number, the box code, and the ticket code from the Lottery game ticket that is eligible for the particular second chance drawing;

(c) Provide any additional information as required by the Lottery; and

(d) Submit the electronic entry prior to the deadline for submission of entries for the second chance drawing as announced by the Lottery.

(3) Confirmation of Entry: Each ticket and drawing entry must be validated through the website, and will be considered entered into the drawing once the player receives confirmation of the entry.

(4) Ticket Requirements: Only one Lottery game ticket or share may be used for each entry. If the second chance drawing specifies use of a Scratch-itSM ticket for entry into the drawing, only a Lottery Scratch-itSM game ticket from an active Scratch-itSM game, as specified by the Lottery, is eligible for entry into the second chance drawing.

(5) Single Entrant: Only one person per entry may submit an entry for a second chance drawing. An entry with more than one name on the entry form is invalid.

(6) Other Entry Requirements: The Lottery may establish additional terms and conditions and entry requirements for any second chance drawing. These additional terms and conditions and entry requirements will be posted on a Lottery website or as otherwise announced by the Lottery.

(7) Invalid Entry: Failure to follow any of the terms and conditions or entry requirements of a second chance drawing will invalidate the entry. An invalid entry is void and is not eligible for a second chance drawing prize. Invalid entries will not be returned to the entrant. If the Lottery determines the winning entry is invalid, the prize shall be treated as an unclaimed prize and is the property of the Lottery Commission to be allocated to the benefit of the public purpose.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0040

Odds of Winning

General: The odds of winning a Lottery second chance drawing depend on the total number of entries received.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0050

Selection of Winners

(1) When Drawing Held: A Lottery second chance drawing will be held at such date, time, place, and in such manner as is determined by the Lottery and will be conducted only after the deadline for submitting entries has closed, as announced by the Lottery.

(2) Random Drawing: During the drawing for each available prize in a second chance drawing, the Lottery, or a drawing agent, will randomly select a winning entry from all the entries submitted for that drawing.

(3) Selection of Entry: To select a winning entry, the Lottery, or a drawing agent, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery Director that ensures a random selection of a winning entry.

(4) Suspension or Cancellation of Drawing: At the discretion of the Lottery Director, a second chance drawing may be suspended. If the Director suspends a drawing the Director may hold a replacement drawing or cancel the drawing. If the second chance drawing is canceled, the Lottery, in its sole discretion, may provide an entrant who entered the drawing with a coupon for a Lottery product, or a promotional reward, the value of which shall be solely determined by the Lottery. This is an entrant’s sole and exclusive remedy.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0060

Winner Notification and Claiming of Prizes

(1) Second Chance Prize Notification: If the entry is valid, the Lottery will notify the person who submitted the winning entry (“the winner”) in a second chance drawing by e-mail. The Lottery may also notify the winner by telephone or by mailing a certified letter through the U.S. Postal Service. The effective date of notification is the date the initial e-mail notification is sent by the Lottery as noted electronically within the Lottery’s information processing system.

(2) Time Limits for Claiming Prize: A winner of a second chance drawing has 60 calendar days from the date of the e-mail notification in which to claim the prize. A prize must be claimed by 5:00 p.m. on the last date to claim a prize and if not claimed by that date is an unclaimed prize. If the final date of the claim period falls on a day when the Oregon Lottery Headquarters is not open to the general public, such as a weekend, Lottery holiday, or furlough closure day, the claim period shall be extended until 5:00 p.m. on the next day the Oregon Lottery Headquarters is open to the general public.

(3) Forfeiture of Prize: If the winner of a second chance drawing is determined by the Lottery to be ineligible, the entry is invalid, or the winner fails to claim the prize within 60 calendar days as provided in section (2) of this rule, the prize is treated as an unclaimed prize and the winner forfeits the prize.

(4) Winner Claim Forms: To claim a prize in a second chance drawing, the winner must submit a winner claim form to the Lottery. To be valid, the winner claim form must contain the required information, such as name, address, signature or identifying mark, social security number (if applicable), and a valid reference number. Only the person who submitted the entry may claim the prize (the winner). A second chance drawing prize may not be claimed by multiple owners. A valid winner claim form must be received by the Lottery within the applicable time period for claiming a prize. An invalid winner claim form will not be accepted by the Lottery and will be returned to the claimant. The winner may resubmit a valid claim form as long as the time for claiming the prize has not expired.

(a) Electronic Claim Form: The Lottery may require that the winner submit an electronic winner claim form through the Internet. The electronic winner claim form is received by the Lottery when the form enters the Lottery’s information processing system in a retrievable form. The electronic winner claim form will be deemed received at the time and date noted electronically by the Lottery’s information processing system. An electronic winner claim form must include the winner’s electronic signature that meets the requirements specified by the Lottery on the instructions for the winner claim form.

(b) Paper Claim Form: Unless specified otherwise, the Lottery may permit a winner to submit a paper winner claim form. The paper winner claim form is deemed received by fax to (503) 540-1001 or upon physical delivery to the Oregon State Lottery, Player Services Office, 500 Airport Road SE, Salem, Oregon 97301, either in person, or by delivery service, or through the U.S. mail to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. The winner claim form must be received by the Lottery during the Lottery’s business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. PST, excluding holidays and furlough closure days.

(5) Verification of Identity: The Lottery may require the winner to present valid proof of identity to confirm that the winner is the registered member who submitted the second chance drawing entry. If the Lottery is unable to confirm the person claiming the prize is the registered member, the person is ineligible to receive a prize.

(6) Delivery of Prize: The Lottery may require the winner of a second chance drawing prize to claim the winner’s prize at the Oregon State Lottery Headquarters, 500 Airport Road SE, Salem, Oregon 97301, or the Lottery may mail or otherwise deliver the prize to the winner’s address if it is within the United States.

(7) Taxes and Fees: Unless otherwise stated by the Lottery in the terms and conditions for a particular second chance drawing, all taxes and fees are the responsibility of the winner claiming the prize.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-052-0070

Governing Law

(1) Compliance with Law and Terms and Conditions: By entering a Lottery second chance drawing, a person agrees to abide by and comply with Oregon law, including the statutes and administrative rules governing Lottery second chance drawings, and any additional terms and conditions and entry requirements for a second chance drawing as posted by the Lottery, which are in effect, and which may be amended from time to time.

(2) Decisions of the Director: The decisions of the Lottery Director, including, but not limited to, the amount or nature of a prize, the validity of an entry, whether an entry is a winner, whether it was submitted in error, and whether an entrant has won a prize, are final.

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.220, 461.230 & 461.250

Hist.: LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-070-0005

Definitions

For the purposes of division 70, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Drawing” means the procedure whereby the Lottery, or a drawing agent, selects the winning combination in accordance with the rules of the game.

(2) “Drawing agent” means a Lottery vendor or other designee who, subject to the approval of the Director, is designated by the Assistant Director of Security to conduct drawings on behalf of the Lottery.

(3) “Draw game” means a lottery game, other than Video LotterySM games, in which through a Draw game terminal, the player or the Draw game terminal selects a combination of numbers, events or symbols, the player selects the type of game and amount of play, and the drawing date(s), or the player purchases a Lottery Raffle ticket. Draw games are those Lottery games specified in OAR 177-010-0003(24)(b) through (m) and any other Lottery game designated by the Lottery Commission as a Draw game. Unless the context or a specially applicable definition indicates otherwise, any reference to an “On Line game” in OAR chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “Draw game” as defined in this section.

(4) “Draw game retailer” means a person or business authorized by the Lottery to sell Draw game tickets.

(5) “Draw game terminal (DGT)” means the computer hardware by which:

(a) A Draw game retailer or player enters the combination of numbers, events, or symbols selected by the player, or

(b) A combination of numbers, events, or symbols is randomly selected for the player, or

(c) A Lottery Raffle ticket is issued; and

(d) Draw game tickets are generated and claims are validated.

(6) “Draw game ticket” means a computer-generated ticket issued by a Draw game terminal to a player as a receipt for the combination a player or the terminal has selected, or a Lottery Raffle ticket. This ticket is the only acceptable evidence of the combination of numbers, events, or symbols selected, or of the unique sequential numbers on a Lottery Raffle game ticket.

(7) “Play slip” means a card used in selecting and marking a player’s game plays which may then be inserted into a terminal’s play slip reader.

(8) “Validation” means the process of determining whether a Draw game ticket presented for payment is a winning ticket.

(9) “Winning combination” means the one or more numbers or symbols randomly selected by the Lottery in a drawing.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.010

Hist.: SLC 11-1985(Temp), f. & ef. 10-24-85; SLC 5-1986, f. & ef. 3-5-86; LC 3-1992, f. & cert. ef. 4-27-92; LC 6-1993, f. & cert. ef. 7-2-93; LOTT 15-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 26-2002, f. & cert. ef. 11-25-02; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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