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Oregon Bulletin

October 1, 2011

 

Oregon State Lottery
Chapter 177

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

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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