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Oregon Bulletin

September 1, 2011

 

Oregon State Lottery
Chapter 177

Rule Caption: Authorizes Lottery player loyalty programs, and sets forth requirements.

Adm. Order No.: LOTT 3-2011

Filed with Sec. of State: 7-29-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 7-1-2011

Rules Adopted: 177-051-0035

Rules Amended: 177-051-0000, 177-051-0010, 177-051-0030, 177-051-0040, 177-051-0120, 177-051-0130

Rules Repealed: 177-051-0020, 177-051-0050, 177-051-0060, 177-051-0070, 177-051-0080, 177-051-0090, 177-051-0100, 177-051-0110

Subject: The Oregon State Lottery initiated permanent rulemaking to adopt, repeals, and amend the above referenced administrative rules to substantially revise its rules related to Lottery promotions and giveaways and to specifically authorize the Oregon Lottery® to offer player loyalty promotional programs where persons may register to become a member and may participate in special promotional activities, drawings, and giveaways offered by the Lottery.

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

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 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

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 randomly selects a winner 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 Oregon Lottery® products.

(3) “Player Loyalty Program” refers to a promotional program offered by the Lottery to encourage loyalty to Oregon Lottery® products, where persons who qualify may register to become a member and may participate in those activities, drawings, and giveaways offered by the Lottery through 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, or through the accumulation of points which may be awarded by the Lottery to a person who participates in a particular promotion.

(6) “Website” means the Oregon Lottery®’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Oregon 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

177-051-0030

Promotions

(1) Authorization: At the discretion of the Director, the Oregon Lottery® may conduct promotions to 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 Oregon 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 Oregon Lottery® any promotional reward, giveaway, or any other item of value offered by the Oregon Lottery® through a promotion.

(3) Applicable Laws: A promotion is subject to all applicable laws and administrative rules related to the Oregon Lottery® and to any additional terms and conditions relating to the promotion that are posted by the Oregon Lottery® on the website. The Oregon 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 Oregon 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 Oregon 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

177-051-0035

Player Loyalty Program

(1) General: The Oregon Lottery® may offer a Player Loyalty Program. A Player Loyalty Program is a promotional program offered by the Oregon 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 Oregon Lottery®, nor may a person claim any right to receive a promotional reward, giveaway, or any other item of value offered by the Oregon 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 membership application that includes the person’s name, physical address, e-mail address, and any other information required by the Oregon Lottery®.

(4) Terms and Conditions: Participation in a Player Loyalty Program offered by the Oregon 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 submits a membership application. 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 Oregon Lottery® under a Player Loyalty Program.

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

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 Oregon 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 Oregon Lottery® from participating in the promotion or is prohibited from playing Oregon Lottery® games.

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

(2) Disqualification: If at any time the Oregon 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 Oregon Lottery®, in its sole discretion, may require the person to return the promotional reward, giveaway, or other item or incentive to the Oregon 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

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 Oregon Lottery® 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 Oregon 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 Oregon Lottery®.

(3) Disputes: In the event a person disagrees with the Oregon 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 Oregon Lottery®, the Oregon Lottery®’s determination is final. At the sole discretion of the Oregon Lottery®, and if the person is eligible, the Oregon 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

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 Oregon 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

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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