Current through September 2, 2024
01.
Instant Games -- Authorized -- Director's Authority. The
Commission hereby authorizes instant games that meet the criteria set forth in
these rules. The Director is hereby authorized to select, operate, and contract
relating to and for the operation of instant games that meet the criteria set
forth in these rules.
02.
Definitions. As used in Section
202 of these rules, these terms
have the following definitions:
a. Instant
Ticket Validation Bar Code. The bar code that enables retailers to validate
instant tickets.
b. ITA System. The
Instant Ticket Automation system that validates winning instant
tickets.
c. Pack. A package of
instant game tickets with a designated number of tickets that may be (but do
not have to be) fanfolded and attached to each other by perforations, which
perforations the retailer tears when selling a ticket, and that are packaged in
plastic shrink-wrapping, foil or some similar outer wrapping
material.
d. Pack-Ticket Number.
The number printed on the ticket. A game identification number must be included
in the book-ticket number.
e. Play
Symbol Caption. The small printed material appearing below each play symbol
which repeats or explains the play symbol. One (1) and only one (1) play symbol
captions appears under each play symbol.
f. Play Symbols. Figures printed in approved
ink that appear under each of the rub-off spots on the front of the
ticket.
g. Retailer Validation
Code. The small letters found under the removable rub-off covering over the
play symbols on the front of the ticket, which the ticket retailer uses to
verify winners of twenty-five dollars ($25) or less. The letters appear in
varying locations beneath the removable rub-off covering and among the play
symbols.
h. Ticket. An Idaho
instant game ticket.
i. Ticket
Validation Number. The unique number on the front of the ticket.
03.
Sale of Tickets.
a. No person other than a retailer under a
contract for the sale of tickets with the Lottery may sell Lottery tickets,
except that nothing in this section prevents a person who may lawfully purchase
tickets from making a gift of Lottery tickets to another.
b. Unless authorized by the Lottery, tickets
may not be sold at a location other than the address listed on the retailer's
contract with the Lottery.
c.
Nothing in this section prohibits the Commission from designating certain of
its agents and employees to sell Lottery tickets directly to the
public.
04.
Instant
Games Ticket Price. The price of an instant game ticket will be set by
the Director. No person may sell a ticket at a price other than that
established in accordance with these rules.
05.
Prize Structures. The
Director will provide to all Lottery game retailers a detailed tabulation of
the estimated number of prizes of each particular prize denomination that are
expected to be awarded in each Lottery game and a close approximation of the
odds of winning the prizes.
06.
Number and Value of Instant Ticket Prizes. Lottery game prize
structures, odds of winning, number of tickets, number and value of prizes,
play symbol and captions used for validation will not be adopted by
administrative rules. Rather, the Director will submit proposed games to the
Commission, who must approve each game's general format before the initiation
of each game. All instant games must be conducted in accordance with the rules
of the Commission.
07.
Official Start of Game.
a. Games
with a prize structure adopted by the Commission pursuant to Subsection 202.07
of this rule may be started at a time selected by the Director. The Director
will publicly announce the starting date of a new game by use of a press
release or any other appropriate means. The Director may also issue game
information that includes a description of the game, odds of winning a prize,
the number and value of prizes, and the play symbols and captions used for
prize validation.
b. Games using a
prize structure other than a prize structure previously approved by the
Commission must be approved by the Commission before game tickets can be sold
to the public.
08.
Determination of Winners.
a.
Winners of an instant game are determined by the matching or specified
alignment of the play symbols on the tickets. The play symbols are revealed by
scratching or rubbing off the latex or similar secure material that covers
spots on the ticket. The ticket bearer must notify the retailer or the Lottery
of the win and submit the winning ticket to the retailer or the Lottery as
provided in these rules. The winning ticket must be validated by the Lottery
through use of the validation number or by any other means specified by the
Director.
b. Unless otherwise
provided by game rules, only the highest instant prize amount will be paid on a
given ticket.
c. No portion of the
play symbol captions, retailer validation codes, display printing nor any
extraneous matter whatever will be usable or playable as a part of the instant
game.
d. The ticket validation
number or any portion thereof is not a play spot and is not usable or playable
as such.
e. In all Lottery games,
the determination of prize winners is subject to the general ticket validation
requirements set forth in Subsection 200.14, et seq., and Subsection 202.11 of
this rule, and the requirements set out on the back of each instant game
ticket.
f. The length of operation
of an instant game will be determined by the Director. The start date and
closing date of the instant game will be publicly announced.
09.
Payment of
Prizes. The procedures for claiming instant ticket prizes are as
follows:
a. Instant ticket prizes of less than
six hundred dollars ($600) may be claimed by one (1) of the following methods:
i. The claimant may present the winning
ticket to any Lottery retailer. The retailer must verify the claim and, if
acceptable, make payment of the amount due the claimant. A retailer may pay
prizes in cash or by business check, money order, no fee prize payment card, or
any combination thereof. A retailer that pays a prize with a check that is
dishonored may be subject to suspension or termination of the retailer's
contract.
ii. If the retailer
cannot verify the claim, the claimant must fill out a claim form and the
retailer must present the completed form and the disputed ticket to the
Director. If the claim is validated, payment will be made to the claimant in
cash, or by check or money order in the amount due. If the claim is not
validated, the claim will be denied and the claimant will be promptly
notified.
iii. The claimant may
present the ticket to the Lottery office or complete a claim form and mail it
with the ticket to the Idaho State Lottery (registered mail recommended). Claim
forms may be obtained from any Lottery game retailer or from the
Lottery.
b. To claim an
instant prize of six hundred dollars ($600) or more, the claimant must either
present the winning ticket to the Lottery office or complete a claim form and
mail the completed form together with the winning ticket to the Idaho State
Lottery (registered mail recommended).
c. Prizes of six hundred dollars ($600) or
more can be paid only from the Boise Lottery office. Upon validation by the
Director, payment will be made by check or money order in the amount due, less
any applicable federal income tax withholding.
d. Any ticket not passing all the validation
checks is void and ineligible for any prize and will not be paid. However, the
Director may, solely at the Director's option, replace an invalid ticket with
an unplayed ticket (or ticket of equivalent sales price from any other current
game). If a defective ticket is purchased, the only responsibility or liability
of the Lottery is the replacement of the defective ticket with another unplayed
ticket (or ticket of equivalent sale price from any other current
game).
e. All prizes will be paid
within a reasonable time after they are awarded and after the claims are
verified by the Director. For each prize requiring annual payments, all
payments after the first payment will be made on the anniversary date of the
first payment in accordance with the type of prize awarded. The Director may,
at any time, delay any payment in order to review a change of circumstances
concerning the prize awarded, the payee, the claim, or any other matter that
may have come to his attention. All delayed payments will be brought up to date
immediately upon the Director's confirmation and continue to be paid on each
original anniversary date thereafter.
10.
Ticket Validation
Requirements. In addition to meeting all of the other requirements in
these rules or as may be printed on the back of each instant game ticket, the
following validation requirements apply with regard to instant game tickets:
a. To be a valid instant game ticket, the
ticket must:
i. Have been issued by the
Director in an authorized manner.
ii. Not be altered, unreadable, or tampered
with in any manner.
iii. Not be
counterfeit in whole or in part.
iv. Not be stolen nor appear on any list of
omitted tickets on file with the Lottery.
v. Be complete and not blank (or partially
blank), miscut, misregistered, defective, or printed or produced in
error.
vi. Under the opaque covered
play area, have play symbols and the correct corresponding captions, exactly
one (1) pack-ticket number, exactly one (1) agent verification code, and
exactly one (1) validation number as required by each approved set of game
rules, all of which must be present in their entirety, legible, right-side up,
and not reversed in any manner.
vii. The validation number of an apparent
winning ticket must appear on the Lottery's official list of validation numbers
of winning tickets; and a ticket with that validation number cannot have been
previously paid.
viii. Pass all
additional confidential validation requirements established by the
Director.
ix. Be signed if the
prize is for six hundred dollars ($600) or more.
b. Any ticket not passing all the validation
checks in Paragraph 202.11.a. of this rule is void and ineligible for any prize
and shall not be paid. However, the Director may, solely at the Director's
option, replace an invalid ticket with an unplayed ticket (or tickets of
equivalent sales price) from any other current Lottery game. If a defective
ticket is purchased, the only responsibility or liability of the Lottery will
be the replacement of the defective ticket with another unplayed ticket (or
ticket of equivalent sales price from any other current Lottery
game).
c. The Director may
authorize reconstruction of an alleged winning ticket that was not received or
cannot be located by the Lottery, provided, the person requesting
reconstruction must submit to the Lottery sufficient evidence to enable
reconstruction and submit a claim for the prize, if any, for that ticket. If
the reconstructed ticket is a winning ticket and meets the validation
requirements of Paragraph 202.11.a. of this rule and any specific validation
requirements contained in the rules for its specific game, the Director may
authorize payment of the prize. Provided, the ticket will not be validated nor
the prize paid before the one hundred eighty-first (181) day following the
official end of that instant game. A ticket(s) validated pursuant to this
Subsection will not entitle the claimant to be entered into the grand prize
drawing, if any, for that or any subsequent instant game.
11.
Prize Rights Unassignable.
No person's right to a prize already drawn is assignable, except that payment
of any prize already drawn may be paid to the estate of a deceased prize
winner, and a person other than the prize winner may be paid the prize to which
the winner is entitled as provided by court order. The Director will be
discharged of all liability upon payment of a prize pursuant to this
rule.
12.
Payment of Prizes
to Persons Under Eighteen Years of Age. If a person entitled to a prize
for a winning ticket is under the age of eighteen (18) years, the Director may
direct payment of the prize to an adult member of the minor's family or to the
minor's guardian by a check or draft payable to the adult member of the minor's
family or the minor's guardian. The adult member of the minor's family or the
minor's guardian will have the same duties and powers as a person designated as
a custodian in accordance with Idaho law. For purposes of this Subsection, the
terms "adult member of a minor's family" and "guardian of a minor" have the
same meaning as in the Idaho Gifts to Minors Law. The Director will be
discharged of all liability upon payment of a prize to a minor pursuant to this
rule.
13.
Prizes Payable
After Death or Disability of Owner.
a.
All prizes, and portions of prizes that remain unpaid at the time of the prize
winner's death will be payable to the personal representative of the prize
winner's estate once satisfactory evidence of the personal representative's
appointment has been provided, and the Director is satisfied that payment to
the personal representative is lawful and proper. The Director may rely on a
certified copy of a court order appointing a personal representative (or
similar person responsible for the prize winner's estate, whether denominated
an administrator, executor, executrix, or other representative of the prize
winner's estate) or may petition the court to determine the proper payee.
Payment to the personal representative of the estate of the deceased owner of
any prize winnings will absolve the Director and the Lottery's employees of any
further liability for payment of prize winnings.
b. The Lottery may petition any court of
competent jurisdiction for a determination of the rightful payee for the
payment of any prize winnings that are or may become due to a person under a
disability including, but not limited to, mental deficiency, or physical or
mental incapacity.
14.
Governing Law. In purchasing a ticket, the customer agrees to
comply with, and abide by, Idaho law, and all rules and final decisions of the
Lottery, and all procedures and instructions established by the Lottery or the
Director for the conduct of the game.
15.
Discharge of All Liability Upon
Payment. The state of Idaho, its agents, officers, employees, and
representatives, the Lottery, its Director, agents, officers, employees and
representatives, will be discharged of all liability upon payment of a prize or
any one (1) installment thereof to the holder of any winning Lottery ticket or
in accordance with the information set forth on the claim form supplied by the
Director. If there is a conflict between the information on a winning Lottery
ticket and the information on the claim form, the Lottery may rely on the claim
form after the ticket for which it has been filed has been validated as a
winning ticket and, in so doing, it will be relieved of all responsibility and
liability in the payment of a prize in accordance with the information set
forth therein. The Lottery's decisions and judgments in respect to the
determination of a winning ticket or of any other dispute arising from payment
or awarding of prizes are final and binding upon all participants in the
Lottery unless otherwise provided by law or these rules. If a question arises
concerning the winning ticket, a claim form, the payment, or the awarding of
any prize, the Lottery may deposit the prize winnings into an escrow fund until
it determines the controversy and reaches a decision, or it may petition a
court of competent jurisdiction for instructions and a resolution of the
controversy.
16.
Unclaimed
Prize Money. Any prize not claimed within the specified period will be
forfeited and placed into the State Lottery Account.
17.
Disclosure. The Lottery may
use the names, addresses, and photographs of winners in any Lottery promotional
or publicity campaign. The address used will not contain the winner's street or
house number without the winner's consent. The Lottery may condition payment of
the prize upon agreement to these terms and conditions.
18.
Confidentiality of Tickets.
All retailers and their employees and agents are prohibited from attempting to
ascertain the numbers or symbols appearing in the designated areas under the
removable latex or similar secure coverings or otherwise attempting to identify
winning tickets.
19.
Official
End of Game.
a. The official end of an
instant game will be announced by the Lottery. Prizes may be claimed up to one
hundred eighty (180) days after the official end of the game. If the final day
of the claim period falls on a Saturday, Sunday or a state holiday, the claim
period will be extended to the end of the next business day. A player may
submit a winning ticket claim for prize payment up to one hundred eighty (180)
days after the official end of the game. Depending on the prize amount, the
ticket should be submitted to the location specified in Subsection 202.10 of
this rule, "Payment of Prizes." To participate in one (1) of the Lottery's
special drawings, if any, a player must redeem a ticket that qualifies for
entry into that special drawing within the time limits specified by the
Director.
b. A retailer must return
to the Lottery all unsold Lottery tickets for each game within ninety (90) days
of the official end of that game in order to receive credit from the Lottery as
provided in retailer's contract. The Lottery has no obligation to grant credit
for tickets returned after the time limit specified in the contract.
Effective
July 1, 2024
(Temporary)
