Oregon Bulletin
Rule
Caption: Announcement of Draw game
results; Purchase of Keno ticket for future drawing
Adm.
Order No.: LOTT 4-2011
Filed with Sec. of
State: 8-23-2011
Certified to be
Effective: 9-1-11
Notice Publication
Date: 8-1-2011
Rules Adopted: 177-070-0016, 177-099-0015
Rules Amended: 177-099-0000, 177-099-0020, 177-099-0030
Subject: The Oregon State Lottery has adopted and amended the
above referenced administrative rules to specify the conditions for publicizing
Draw game results to the public, and to authorize an option for the Keno game
which allows the purchase of a ticket for a future drawing and future
consecutive drawings.
Rules Coordinator: Mark W. Hohlt—(503) 540-1417
177-070-0016
Draw Game Results
(1) General: As a convenience to Lottery players and
the public, the Lottery may publicize Draw game results in any manner the
Director determines is appropriate.
(2) Disclaimer: Draw game results which are publicized
for the convenience of Lottery players and the public are not the official
results of a drawing and will not be used to determine a winning ticket. A Draw
game ticket is not a winning ticket until it is presented to the Lottery or to
a Lottery retailer and is validated as a winning ticket through the Lottery’s
central computer system in accordance with the provisions of OAR Chapter 177.
Stat. Auth.: ORS 461, OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.300,
461.200
Hist.: LOTT 4-2011, f. 8-23-11,
cert. ef. 9-1-11
177-099-0000
Definitions
For the purposes of Keno, the following definitions
apply except as otherwise specifically provided in OAR Chapter 177 or unless
the context requires otherwise:
(1) “Exchange ticket” means a computer-generated,
printed paper issued by a terminal to replace a game ticket that had been
purchased for play in multiple drawings and was validated before the latest
drawing appearing on the game ticket. An exchange ticket shall contain the
exact game play and future drawing dates appearing on the validated game ticket
it is replacing and shall have all other characteristics of a game ticket except
as otherwise stated in these rules. An exchange ticket shall not contain a
ticket price.
(2) “Game play” means the number or group of numbers
appearing on a ticket for a particular spot which is compared to the winning
numbers, selected at the drawings appearing on the ticket, to determine the
prize payment for which the ticket may be redeemed.
(3) “Game slip” or “play slip” means a paper form used
by a player to select a game play, that indicates the amount the player will
play on the ticket containing the game play, the number of drawings in which
the ticket will be played, the choice to play the Special Keno option, the
choice to select the Keno Multiplier option, and the choice to select the Keno
To Go option. Only one game play may be marked on each game slip.
(4) “Game ticket” or “ticket” means a
computer-generated, printed paper issued by a terminal as a receipt for the
game play selected by a player and which contains the following: the caption
“Keno”, one game play, the date of purchase, the number of consecutive drawings
in which the ticket will be played, the identifying number for each such
drawing, the price of the ticket, a six-digit retailer number, a serial number,
and a bar code. If the player selects one or more Keno options, the game ticket
will also contain:
(a) The phrase “Special Keno” if that option has been
selected;
(b) The phrase “Keno Multiplier” if that option has
been selected; and
(c) The hour on which a game or consecutive games will
begin.
(5) “Keno Multiplier” means the Keno and Special Keno
play option whereby a player, by paying an additional one dollar for each
dollar wagered on a Keno or Special Keno game play, may be entitled to receive
a larger prize for correctly selecting winning numbers. Keno Multiplier
multiplies the amount of certain prizes won in a game play. Keno Multiplier is
an optional, limited extension of the Keno and Special Keno game.
(6) “Keno To Go” means a play option which permits a
player to purchase a ticket or tickets for a future Keno drawing or future
consecutive Keno drawings as permitted by the Lottery.
(7) “Quick Pick” means the random selection of numbers
by a terminal that appear as the game play on a ticket.
(8) “Special Keno” means an optional variation of the
Keno prize payment and odds structure as defined in OAR 177-099-0090 which may
be selected by the player.
(9) “Spot” means the amount of numbers a player may
play for a game play. A player may play from one spot, i.e., one number, to ten
spots, i.e., ten different numbers.
(10) “Draw game terminal” or “Terminal” has the meaning
set forth in OAR 177-070-0005(4).
(11) “Winning numbers” means the twenty numbers, from
one to eighty, that are selected at each drawing that are used to determine
winning game plays contained on the game tickets.
Stat. Auth.: OR Const. Art. XV,
Sec. 4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LC 3-1991, f. & cert.
ef. 7-24-91; LC 5-1996, f. & cert. ef. 4-1-96; LC 3-1997, f. 4-25-97, cert.
ef. 4-27-97; LOTT 7-1998(Temp), f. & cert. ef. 11-13-98 thru 5-7-99; LOTT
3-1999, f. 3-25-99, cert. ef. 4-4-99; LOTT 19-2002(Temp), f. 9-6-02, cert. ef.
9-9-02 thru 3-6-03; LOTT 30-2002, f. & cert. ef. 11-25-02; LOTT
3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03; LOTT 11-2003, f. &
cert. ef. 6-30-03; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 4-2011, f.
8-23-11, cert. ef. 9-1-11
177-099-0015
Keno To Go
(1) General: Beginning August 30, 2011 at 5:00 a.m.,
Lottery may permit a player to purchase a Keno ticket for a future drawing or
for future, multiple, consecutive drawings as permitted by the Lottery. To
purchase a Keno ticket for a future drawing or for future, multiple,
consecutive drawings, a player must select the Keno To Go option on the Keno
play slip and mark the appropriate boxes on the play slip. There is no
additional charge for the Keno To Go option.
(2) Disclaimer: The Director, in the Director’s sole
discretion, is authorized to initiate and terminate the Keno To Go option.
Stat. Auth.: ORS 461, OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.300,
461.200
Hist.: LOTT 4-2011, f. 8-23-11,
cert. ef. 9-1-11
177-099-0020
Price
(1) General: The price of a ticket is determined by the
amount of money a player chooses to play on the game plays selected, multiplied
by the number of drawings in which the ticket will be played. A player may also
choose the Keno Multiplier option that will increase the cost of the ticket by
$1.00 for every $1.00 wagered.
(2) Number of Drawings: A ticket may be purchased for
one drawing or for multiple, consecutive drawings.
(a) A player may purchase a ticket for a single drawing
for $1.00 to $5.00, in whole dollar amounts, $10.00, or $20.00.
(b) The price of a ticket for play in multiple,
consecutive drawings is the price of a ticket for a single drawing, ranging
from $1.00 to $5.00, $10.00 or $20.00 as selected by the player, multiplied by
the number of consecutive drawings in which the ticket will be played.
(3) Minimum Price: The minimum ticket price for
multiple, consecutive drawings is $2.00 ($1 x 2 consecutive drawings = $2).
(4) Maximum Price: The maximum ticket price for any
Keno ticket is $100.00.
(5) Multiple Drawings: A ticket purchased for multiple,
consecutive drawings is limited solely to the following options: 1, 2, 3, 4, 5,
10, 15, 20, 50, or 100 consecutive drawings so long as the price of a ticket
does not exceed $100.00.
(6) Price with Options: If a player adds the Keno
Multiplier option to a Keno or Special Keno game play, the player may only play
a maximum of 50 consecutive draws at $2, for a total of $100.
(7) Rejected Game Slip: A game slip indicating a price
greater than $100 is automatically rejected by the terminal.
Stat. Auth.: OR Const. Art. XV,
Sec. 4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LC 3-1991, f. & cert.
ef. 7-24-91; LC 5-1996, f. & cert. ef. 4-1-96; LC 3-1997, f. 4-25-97, cert.
ef. 4-27-97; LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99; LOTT 19-2002(Temp), f.
9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 30-2002, f. & cert. ef.
11-25-02; LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03; LOTT
11-2003, f. & cert. ef. 6-30-03; LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11
177-099-0030
Ticket Purchase, Characteristics,
and Restrictions
(1)(a) General: Keno tickets may be purchased every day
of the year during the hours of operation of the Lottery’s central computer
system and a Lottery retailer’s business hours.
(b) Default: A player may purchase a ticket for play
under either the Keno prize structure set forth in OAR 177-099-0080, or the
Special Keno prize structure set forth in OAR 177-099-0090. If a player does
not select the Special Keno option when purchasing a ticket, the ticket is
played under the Keno prize structure.
(c) Multiplier Option: A player may purchase the Keno
Multiplier option on any Keno or Special Keno game play as set forth in OAR
177-099-0020(6). If a player does not select the Keno Multiplier option when
purchasing a ticket, the ticket is played under the Keno or Special Keno prize
structure.
(d) Keno To Go Option: A player may select the Keno To
Go option on any Keno or Special Keno game play. If a player does not select
the Keno To Go option when purchasing a ticket, the ticket is valid for the
next Keno drawing following the time of purchase and for the following
consecutive drawings purchased on that ticket.
(2)(a) Ticket Purchase: Tickets may be purchased either
from a terminal operated by a retailer, i.e., a clerk-operated terminal, or
from a terminal operated by the player, i.e., a player-operated terminal. To
play Keno, a player must complete a game slip for input into a terminal,
request a Quick Pick from a clerk, or request a Quick Pick using a
player-operated terminal.
(b) Completing a Game Slip: A player must choose a game
play by one of two methods. A player may select from one to ten numbers from the
eighty number choices contained on the game slip. Alternatively, the player may
select the Quick Pick option. A player must also complete the selections on the
game slip regarding the amount of money to be played on the ticket per drawing,
and the number of multiple, consecutive drawings in which to play the ticket.
The player may select any or all of the following options:
(A) The Special Keno option;
(B) The Keno Multiplier option; and
(C) The Keno To Go option.
(c) Purchasing a Ticket from a Clerk-Operated Terminal:
After the player completes a game slip and submits it along with the price of
the ticket to the clerk, the clerk shall use the terminal to issue a ticket to
the player. The player may also request that a clerk, without using a game
slip, electronically submit a request for a Quick Pick through the terminal
with the player informing the clerk of the wager amount, the number of spots to
be played, the Keno or Special Keno option, the Keno Multiplier option, the
number of multiple, consecutive drawings to be played, the number of tickets,
and whether the player wants the Keno To Go option.
(d) Purchasing a Ticket from a Player-Operated
Terminal: A player may purchase a ticket from a player-operated terminal by
following the instructions appearing on the screen of the terminal. Once the
player has inserted the player’s money into the terminal, verified the player’s
age, completed the game slip and inserted it into the terminal, the terminal
will issue a ticket to the player. The player may also request a Quick Pick
without using a game slip by using the player-operated terminal. A player
requesting a Quick Pick from a player-operated terminal without using a game
slip must select the wager amount, the number of spots to be played, the Keno
or Special Keno option, the Keno Multiplier option, the number of multiple,
consecutive drawings to be played, the number of tickets, and whether the
player wants the Keno To Go option.
Stat. Auth.: OR Const. Art. XV,
Sec. 4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LC 3-1991, f. & cert.
ef. 7-24-91; LC 5-1996, f. & cert. ef. 4-1-96; LOTT 3-1999, f. 3-25-99,
cert. ef. 4-4-99; LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03;
LOTT 30-2002, f. & cert. ef. 11-25-02; LOTT 3-2003(Temp), f. 3-28-03, cert.
ef. 4-7-03 thru 9-30-03; LOTT 11-2003, f. & cert. ef. 6-30-03; LOTT 6-2009,
f. 9-28-09, cert. ef. 10-1-09; LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11
Rule
Caption: Establishes requirements for
Oregon Lottery second chance drawings
Adm.
Order No.: LOTT 5-2011(Temp)
Filed with Sec. of
State: 9-2-2011
Certified to be
Effective: 9-2-11 thru 1-29-12
Notice Publication
Date:
Rules Adopted: 177-052-0000, 177-052-0010, 177-052-0020, 177-052-0030,
177-052-0040, 177-052-0050, 177-052-0060, 177-052-0070
Subject: The proposed rulemaking and the temporary rules, set
forth the requirements for second chance drawings conducted by the Oregon
Lottery.
these are
drawings in which an eligible non-winning Oregon Lottery ticket is submitted to
the Oregon Lottery for entry into a drawing for the chance to win a prize.
These new rules
set forth eligibility and entry requirements, the method for selecting winners,
how the odds of winning are determined, winner notification, the method and
time period for claiming a second change drawing prize, and the governing law.
Rules Coordinator: Mark W. Hohlt—(503) 540-1417
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 Lottery® may conduct from time to time. This division is not applicable
to any second chance drawings that a Lottery retailer may operate under OAR
177-040-0200.
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
177-052-0010
Definitions
(1) “Active Scratch-itTM game” means a Lottery
Scratch-itTM 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.
(3) “Second Chance Drawing” or “2nd Chance
Drawing” means a drawing in which an eligible non-winning Oregon Lottery®
ticket is submitted to the Oregon Lottery® for entry into a drawing for a chance
to win a 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
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 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 a second chance drawing or is
prohibited from playing Oregon Lottery® games.
(d) Must submit a valid entry with the required
information through whichever method for entry the Lottery requires for the
particular second chance drawing. All entries must be submitted by the deadline
specified for the second chance drawing.
(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 is disqualified before the second chance drawing is conducted, any
entries submitted by that person are void, may be removed from the drawing, or
any prize won may be forfeited and may be awarded to an alternate eligible
winner at the discretion of the Lottery. If a person who receives a prize in a
second chance drawing is later disqualified, the person may be required to
forfeit the prize and return it to the Lottery.
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
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;
(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) Mail or Walk-in Entry: To submit an entry by
mail or personal delivery to the Lottery, if such entry is specifically
authorized by the Lottery for a particular second chance drawing, a person
must:
(a) Submit an entry with the required information
provided legibly and accurately in all blanks on the form. The entry may
contain only one entrant’s name. Illegible entries are invalid.
(b) Mail the entry to the Oregon Lottery®, P.O. Box
14515, Salem, Oregon 97309 or deliver the entry to the Oregon Lottery®
Headquarters, 500 Airport Road SE, Salem, Oregon 97301 by the deadline
specified in the second chance drawing. The entry must be received 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.
(4) Ticket Requirements: Only one Lottery game
ticket may be used for each entry. If the second chance drawing specifies use
of a Scratch-itTM ticket for entry into the drawing, only a Lottery Scratch-itTM game ticket from an active
Scratch-itTM game 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 entry requirements for any second chance drawing. These
additional requirements will be posted on a Lottery website or as otherwise
announced by the Lottery.
(7) Invalid Entry: Failure to follow any of the
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.
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
177-052-0040
Odds of Winning
(1) General: The odds of winning a second chance
drawing depend on the total number of entries received.
(2) Multiplier: The Lottery may use a multiplier
to increase the number of entries a single second chance drawing entry
receives. When a multiplier is used, the odds of winning depend on the total
number of entries received plus the calculations of the multiplier, which
increases the total number of entries.
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
177-052-0050
Selection of Winners
(1) When Drawing Held: A 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 will randomly select a
winner from all the entries submitted for that drawing. Only valid entries that
have been submitted to the Lottery are eligible for selection as a winner.
(3) Selection of Winning Ticket: To select a
winner, the Lottery or its authorized agents, may conduct a manual or electronic
drawing, or may use any other selection procedure as determined by the Lottery
that ensures a random selection of a winner for a prize in the particular
second chance drawing.
(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 Oregon 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
177-052-0060
Winner Notification and Claiming
of Prizes
(1) Second Chance Prize Notification: The
Lottery will notify the winner of 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 days from the date of the e-mail notification in
which to claim the prize.
(3) Forfeiture of Prize: If the winner of a
second chance drawing is determined by the Lottery to be ineligible or fails to
respond to the notification to claim the prize within 60 days, then the winner
forfeits the prize.
(4) Claim Forms: As a condition of receiving a
prize, the Lottery may require the winner to submit a claim form to the
Lottery. To be valid, the 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. A second chance drawing prize may not be claimed
by multiple owners. A valid claim form must be received by the Lottery within
the applicable time period for claiming a prize. An invalid claim form will not
be accepted by the Lottery and will be returned to the claimant. The claimant
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 claimant submit an electronic claim form through the Internet. The
electronic claim form is received by the Lottery when the form enters the
Lottery’s information processing system in a retrievable form. The electronic
claim form will be deemed received at the time and date noted electronically by
the Lottery’s information processing system. An electronic claim form must
include the claimant’s electronic signature that meets the requirements
specified by the Lottery on the instructions for the claim form.
(b) Paper Claim Form: Unless specified otherwise, the
Lottery may permit a claimant to submit a paper claim form. The paper claim
form is deemed received by fax to (503) 540-1001 or upon physical delivery to
the Oregon Lottery® Headquarters, 500 Airport Road SE, Salem, Oregon 97301,
either in person, or by delivery service, or through the U.S. mail to the
Oregon Lottery®, P.O. Box 14515, Salem, Oregon 97309. The 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) Identification: The Lottery may require that
a prize be claimed in person at the Oregon Lottery® Headquarters, 500 Airport
Road SE, Salem, Oregon 97301. At any time, the Lottery may require the claimant
to present valid proof of identity to confirm that the claimant is the person
who submitted the second chance drawing entry. A claimant who is unable to
present valid identification upon request 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 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 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
177-052-0070
Governing Law
(1) Compliance with Law and Terms: By entering a
second chance drawing, a person agrees to abide by and comply with Oregon law,
including the statutes and administrative rules governing second chance
drawings, and any additional terms 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 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
Rule
Caption: Describes how Lottery collects
cash slip amounts from video retailer’s EFT account; limits reimbursement.
Adm.
Order No.: LOTT 6-2011(Temp)
Filed with Sec. of
State: 9-15-2011
Certified to be
Effective: 9-18-11 thru 3-5-12
Notice Publication
Date:
Rules Amended: 177-200-0020, 177-200-0032
Subject: The Oregon State Lottery has adopted temporary rules
to amend OAR 177-200-0010 and 177-200-0032 to clarify when a Video LotterySM
retailer may not validate and pa a cash slip, and describes how the Lottery
collects from a retailer’s EFT account the amount for cash slips that are not
paid to the retailer. Other amendments clarify when a retailer will not be
reimbursed for improperly paying a cash slip.
Rules Coordinator: Mark W. Hohlt—(503) 540-1417
177-200-0020
Payment of Video LotterySM Game Cash Slips
(1) Original Cash Slip: Except as set forth in
sections (7) and (8) of this rule, an original cash slip is the only valid
receipt for claiming prizes or for redeeming credits remaining on a terminal. A
copy of a cash slip has no pecuniary or prize value and does not constitute
evidence of a cash slip.
(2) Retailer Validation Requirements: A retailer
shall pay a cash slip only if:
(a) The cash slip is presented for payment at the
retailer location that issued the cash slip.
(b) The individual presenting the cash slip is 21 years
of age or older and authorized to play under these rules and Oregon statutes.
(c) The cash slip is presented to the retailer within
28 days of the date it was properly issued.
(d) It is intact and legible and meets all the Lottery’s
security requirements.
(e) It is not counterfeit, fraudulent, lacking the
correct captions, altered, tampered with in any manner, or obtained from the
Lottery or Lottery retailer by any fraudulent means.
(f) The information appearing on the cash slip corresponds
with the computer record of the cash slip data recorded in the Lottery’s
central computer system.
(g) It has not been previously paid, and
(h) It is not a prize that must be validated and paid
at Lottery Headquarters in Salem, such as a Jackpot Prize.
(3) Retailer Validation Exception: If a cash
slip is not intact or legible, the prize or credits that would have otherwise
appeared on the cash slip may nevertheless be paid by the retailer as follows:
(a) Software Validation: Upon notification by a player
that a Video LotterySM game terminal issued a cash slip that is not intact or legible,
the retailer shall obtain a validation number from the terminal. If the
retailer is able to obtain a validation number from the terminal that
corresponds to the time and amount of the credits claimed by the player, then
the retailer shall validate the prize or credits that would otherwise have
appeared on the cash slip through the validation terminal and pay the player.
(A) Software Validation Report: If the retailer
pays the player pursuant to section (3)(a) of this rule, the retailer must
complete a Retailer Software Validation Report signed by the player and the
retailer. The retailer must retain the report for one year. The retailer must
group the reports by month and must make them available for audit by the
Lottery immediately upon request. The retailer must retain and attach the
damaged or illegible cash slips to the reports.
(B) Validation Number Unavailable: If the
retailer is unable to obtain a validation number from the terminal that
corresponds to the time and amount of the credits claimed by the player as
required by subsection (3)(a), the player may request payment of the cash slip
from the Lottery as provided in section (8) of this rule.
(b) Jackpot Prize Cash Slip Not Issued, Intact,
or Legible: If a cash slip for a Jackpot Prize is not intact or legible,
the player and the retailer must complete a Video Problem Report form, attach
the cash slip or all available portions of the cash slip to the form if available,
and must submit the form and the cash slip to the Lottery for investigation.
The Jackpot Prize may be paid as set forth in section (7) and (8) of this rule.
(4) Limitation on Retailer Validation and Payment of
Cash Slip: A retailer must not attempt to validate, and may not pay, a cash
slip for any Jackpot Prize. A retailer shall only validate and pay non-Jackpot
Prize cash slips issued by Video LotterySM game terminals located on its premises.
(5) Retailer Payment of Cash Slip: Upon
validation of a cash slip as set forth in sections (2) and (3) of this rule, a
retailer may pay the amount due in cash or check, or any combination thereof. A
retailer must not pay a cash slip in tokens, chips, or merchandise, or charge a
fee for paying a cash slip or for issuing payment.
(a) Dishonored Retailer Check: If a retailer’s
check is dishonored, the player may seek payment from the Lottery by presenting
a copy of the dishonored check to Lottery Headquarters, Player Services Office,
500 Airport Road SE, Salem, Oregon during Lottery business hours, or by mailing
a copy of the dishonored check with a winner claim form to Lottery
Headquarters, P.O. Box 14515, Salem, Oregon 97309. If the Lottery determines
that payment of the cash slip is authorized, the retailer has not paid the cash
slip, and it is unlikely that the retailer will pay the cash slip, the Lottery
may then issue a check to the claimant in the amount of the cash slip.
(b) Possible Contract Termination: A retailer
that pays a cash slip with a check that is dishonored may be subject to
termination of the Lottery Retailer Contract.
(6) Lottery Validation and Payment of Cash Slips:
Payment of a cash slip may be made at Lottery Headquarters, Player Services,
500 Airport Road SE, Salem, Oregon. Validation and payment of a cash slip for a
Jackpot Prize must be made at Lottery Headquarters in Salem. The cash slip must
be presented for payment no sooner than the next Lottery business day after it
is issued, must meet all of the requirements in sections (1) and (2) of this
rule, and must be delivered to the Lottery in person or by mail at P.O. Box
14515, Salem, Oregon 97309 (registered mail recommended) before 5:00 p.m.
within one year of the date that the cash slip was issued. If the final day of
the one-year 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. Upon
validation of a cash slip, the Lottery will pay the amount due less any
applicable tax withholding. For cash slips of $600 or less, payment may be made
by check, cash card, or any combination thereof. For cash slips of more than
$600, payment will be made by check. Payment may be made in person or by mail.
(7) Lack of Cash Slip or Validation Number: If a
player does not have a cash slip, or a retailer was unable to obtain a
validation number, the Lottery will conduct an investigation of a claim
presented for payment to the Lottery. The investigation will determine the
reasons or causes for the failure of the terminal to produce a cash slip or to
print an intact and legible cash slip, and why the retailer was unable to obtain
a validation number.
(a) Payment: The Lottery may pay the claim if
the Lottery can determine from its investigation that the credit was on the
terminal identified by the player at the time claimed, and that no cash slip
has been paid on the claim.
(b) Signed Statement: The Lottery will not pay
any such claim without a signed statement by a player. The player’s statement
must contain game play information that can be compared to data in the
Lottery’s central computer system that substantiates that the player won a
prize in the amount and at the time claimed, and information from which the
Lottery reasonably can determine that the claim has not been paid.
(c) Jackpot Prize: The Lottery will not pay the
claim for a Jackpot Prize without receipt of a Video Problem Report form as
described in section (3)(b) of this rule.
(8) Lottery Validation Exceptions: If a cash
slip cannot be validated because the cash slip data is not recorded on the
Lottery’s central computer system, the Director may still authorize payment if:
(a) The Lottery conducts an investigation of the claim,
and
(b) The Director concludes that the claimant was an
authorized player and that the absence of a record of the cash slip data in the
Lottery’s central computer system was the result of either a technical problem
in the Video LotterySM game terminal or a communications problem that prevented the
recording of the credits in the Lottery’s central computer system.
(9) Subsequent Claims: If a cash slip improperly
paid by a retailer is later submitted for payment to the Lottery, the Lottery
may collect the amount of the cash slip from the retailer’s EFT account. The
Lottery may conduct an investigation to determine if the Lottery properly made
payment.
(10) Withholding of Payment: The Lottery may withhold
payment of any cash slip claim presented to it until the expiration of the
28-day prize claim period at the retailer’s location for prizes payable by the
retailer or until the completion of any investigation by the Lottery to
determine if payment is proper.
Stat. Auth.: OR Const. Art. XV,
Sec. 4(4)
Stats. Implemented: ORS 461.250
Hist.: LC 8-1991, f. & cert.
ef. 11-25-91; LC 9-1993, f. 11-18-93, cert. ef. 12-1-93; LC 9-1994, f. 8-19-94,
cert. ef. 9-1-94; LC 1-1995, f. 1-25-95, cert. ef. 3-1-95; LC 6-1996, f.
5-30-96, cert. ef. 6-1-96; LC 4-1997, f. & cert. ef. 4-25-97; LOTT
7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03; LOTT 15-2003, f. &
cert. ef. 9-29-03; 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 2-2010, f. 1-29-10, cert.
ef. 2-1-10; 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 6-2011(Temp), f. 9-15-11, cert. ef.
9-18-11 thru 3-5-12
177-200-0032
Collection from EFT Account for
Cash Slips Not Paid by Retailer and Limitation on Reimbursement
(1) Jackpot Prize Cash Slips: The Lottery shall
collect the amount of any Jackpot Prize cash slip issued at a retailer
establishment through the retailer’s EFT account for the same business week the
Jackpot Prize cash slip is issued.
(2) All Other Cash Slips:
(a) For a non-Jackpot Prize cash slip that is presented
to the Lottery and which has been recorded in the Lottery’s central computer
system, the Lottery shall collect the amount of the cash slip through the
retailer’s EFT account for the business week that the Lottery issues payment,
unless the amount has already been collected through the retailer’s EFT account
under subsection (c) of this section.
(b) For a non-Jackpot Prize cash slip payment made by
the Lottery under OAR 177-200-0020(7) or (8), the Lottery shall collect the
amount of the cash slip through the retailer’s EFT account for the business
week the Lottery issues payment, unless the amount has already been collected through
the retailer’s EFT account.
(c) If a non-Jackpot Prize cash slip is not redeemed
within 28 days of the date it was issued, the Lottery will collect the amount
of the cash slip through the retailer’s EFT account during the business week
following the end of the 28 day period.
(d) If a cash slip that is not properly validated and
is paid by a retailer is later submitted for payment to the Lottery and the
Lottery pays the cash slip, the Lottery may collect the amount of the cash slip
from the retailer’s EFT account.
(3) Limitation on Reimbursement for Payment of Cash
Slip: As set forth in OAR 177-200-0020, a retailer may not attempt to
validate and may not pay a cash slip for any Jackpot Prize, and may only
validate and pay a non-Jackpot Prize cash slip issued by a Video LotterySM game terminal located on its
premises. If a retailer validates and pays a cash slip issued from another
location, or pays a cash slip for a Jackpot Prize, the Lottery will not
reimburse the retailer’s EFT account for the payment.
Stat.
Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461
Stats.
Implemented: ORS 461.215 & 461.217
Hist.: LOTT
7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03; LOTT 15-2003, f. &
cert. ef. 9-29-03; 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 6-2011(Temp), f.
9-15-11, cert. ef. 9-18-11 thru 3-5-12
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 |