Current through September 2, 2024
01.
On-Line
Games -- Authorized -- Director's Authority. The Commission hereby
authorizes the Director to select and operate on-line games which meet the
criteria set forth in these rules.
02.
Definitions. As used in Rule
204 these terms have the following
definitions:
a. "Drawing." The procedure
determined by the Director by which the Lottery selects the winning combination
in accordance with the rules of the game. Drawings are open to the
public.
b. "On-line Game."
i. A Lottery game in which a player selects a
combination of numbers or symbols, the type of game and amount of play, and the
drawing date by use of a computer. In return for paying the appropriate price,
the player receives a computer-generated ticket with the player's selection
printed on it. Each ticket bearer whose valid ticket includes a winning
combination will be entitled to a prize if claim is submitted within the
specified time period.
ii. On-line
terminal (OLT) instant ticket game having characteristics as defined in
Paragraphs 202.02.a., 202.02.b., 202.02.d. and 202.02.i. of these
rules.
c. "On-line
Retailer." A person or business authorized by the Lottery to sell on-line
tickets.
d. "On-line Terminal
(OLT)." The computer hardware by which an on-line retailer or player enters the
combination selected by the player and by which on-line tickets are generated
and claims are validated.
e.
"On-line Ticket." A computer-generated ticket issued by an on-line terminal to
a player as a receipt for the combination a player has selected. That ticket is
the only acceptable evidence of the combination of numbers or symbols
selected.
f. "Ticket Bearer." The
person who has signed the on-line ticket or who has possession of an unsigned
ticket.
g. "Validation." The
process of determining whether an on-line ticket presented for payment is a
winning ticket.
h. "Winning
Combination." One (1) or more numbers or symbols randomly selected by the State
Lottery or its designee in a public drawing.
03.
Distribution of Tickets.
a. Tickets will be sold by retailers selected
by the Director.
b. The Director is
authorized to arrange for the distribution of OLTs, player-activated terminals
(PATs), ticket stock, and supplies to certificated retailers.
04.
Sale of Tickets.
a. No person other than a retailer under a
contract for the sale of tickets with the Lottery may sell on-line Lottery
tickets, except that nothing in this section will be construed to prevent a
person who may lawfully purchase tickets from making a gift of Lottery tickets
to another.
b. 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 Director from designating certain of its agents and
employees to sell Lottery tickets directly to the public.
05.
On-Line Games Criteria.
a. The base price of an on-line ticket will
not be less than fifty cents ($.50), except to the extent of discounts
authorized by the Commission.
b.
The price for a ticket in any particular on-line game will be set out in the
game rules adopted by the Commission for that game. No person may sell a ticket
at a price other than that established in accordance with these rules. On the
average, the total of all prizes available to be won in an on-line game will
not be less than forty-five percent (45%) of the on-line game's projected
revenue.
c. The manner and
frequency of drawings may vary with the type of on-line game as defined in
Subparagraph 204.02.b.i. of these rules.
d. The times, locations, and drawing
procedures will be determined by the Director.
e. OLT instant ticket game as defined in
Subparagraph 204.02.b.ii. of these rules will operate with a finite number of
tickets per game and a predetermined and guaranteed prize structure approved by
the Director.
f. A ticket bearer
entitled to a prize must submit the winning ticket as specified by the
Director. The winning ticket must be validated by the Lottery or an on-line
retailer through use of the validation number and any other means specified by
the Director.
06.
Payment of Prizes.
a. To claim an
on-line game prize of less than six hundred dollars ($600) the claimant may
present the winning on-line ticket to any on-line retailer, or to the Lottery
office:
i. If the claim is presented to an
on-line retailer, the on-line retailer must validate the claim and, if
determined to be a winning ticket, pay the amount due the claimant as set forth
in Rule 204.10.b. If the on-line retailer cannot validate the claim, the
claimant may obtain and complete a claim form and submit it with the disputed
ticket to the Lottery. Upon determination that the ticket is a winning ticket,
the Lottery will make payment of the amount due in cash, by check, or money
order. If the ticket is determined to be a non winning ticket, the claim will
be denied and the claimant will be promptly notified. Non-winning tickets will
not be returned to the claimant.
ii. If the claim is presented to the Lottery
office, the claimant will be required to complete a claim form and submit it
with the winning ticket,. Upon determination that the ticket is a winning
ticket, the Lottery will make payment of the amount due in cash, by check, or
money order, less any withholding required by the Internal Revenue Code. If the
ticket is determined to be a non-winning ticket, the claim will be denied and
the claimant will be promptly notified. Non-winning tickets will not be
returned to the claimant.
b. To claim an on-line prize of six hundred
dollars ($600) or more, the claimant must obtain and complete a claim form and
submit it with the winning ticket to the Lottery office. Prizes of six hundred
dollars ($600) or more can be paid only from the Lottery office. Upon
determination that the ticket is a winning ticket, the Lottery will make
payment of the amount due by check or money order, less any withholding
required by the Internal Revenue Code and the state of Idaho. The amount due
will be calculated according to the rules adopted for the particular on-line
game. If the ticket is determined to be a non-winning ticket, the claim will be
denied and the claimant will be promptly notified. Non-winning tickets will not
be returned to the claimant.
c. All
prizes must be claimed within one hundred eighty (180) days from the drawing in
which the prize was won. If the final day of the one hundred eighty (180) day
period falls on a Saturday, Sunday or a state holiday, the claim period will be
extended to the end of the next business day. Any prize not claimed within the
specified period will be forfeited and placed into the State Lottery
account.
07.
Drawings and End of Sales Prior to Drawings.
a. Drawings will be conducted in a location
and at days and times designated by the Director.
b. For each type of on-line game, the
Director will establish a time before the drawing for the end of
sales.
c. The Director will
designate the type of equipment to be used and will establish procedures to
randomly select the winning combination for each type of on-line game. Drawing
procedures will include provisions for the substitution of backup drawing
equipment if the primary drawing equipment malfunctions or fails for any
reason.
d. The equipment used to
determine the winning combination will not be electronically or otherwise
connected to the central computer or to any tapes, discs, files, etc.,
generated or produced by the central computer. The drawing results, including
sales, number of winners and numbers drawn, will be audited and reviewed after
each drawing to assure proper operation and lack of tampering or
fraud.
e. All drawings may be
broadcast live on television, provided the facilities for such broadcasts are
available and operational and can be done at a reasonable cost.
f. The Director will establish procedures
governing the conduct of drawings for each type of on-line game. The procedures
must include provisions for deviations that include but are not limited to:
i. Malfunction of the drawing equipment
before determination of the winning combination;
ii. Fouled drawing;
iii. Delayed drawing; and
iv. Other equipment, facility or personnel
difficulties.
g. If a
deviation occurs, the drawing will be completed under the supervision of the
Lottery or its designee. The winning combination will be provided to the
public.
h. If, during any
live-broadcasted drawing for a game, a mechanical failure or operator error
causes an interruption in the selection of all numbers or symbols, a "foul"
will be called by Lottery security or the Lottery's designee. Any number drawn
before a "foul" is called will stand and be deemed official after passing
inspection and certification by Lottery security or the Lottery's
designee.
i. The Director will
delay payment of all prizes if any evidence exists or there are grounds for
suspicion that tampering or fraud has occurred. Payment will be made after an
investigation is completed and the drawing approved by Lottery security or the
Lottery's designee. If the drawing is not approved, it will be void and another
drawing will be conducted to determine the actual winner.
08.
Validation Requirements.
a. To be a valid winning on-line ticket, the
ticket must:
i. Have all printing on the
ticket in its entirety, be legible, and correspond, using the computer
validation file, to the combination and the date printed on the
ticket.
ii. Be intact, not be
mutilated, altered, or tampered with in any manner.
iii. Not be counterfeit or an exact duplicate
of another winning ticket.
iv. Have
been issued by an authorized on-line retailer or dispensed by a
player-activated terminal in an authorized manner.
v. Not have been stolen or
cancelled.
vi. Not have been
previously paid.
vii. Pass all
other confidential security checks of the Lottery.
viii. Be signed if the prize is for six
hundred dollars ($600) or more.
b. A ticket failing any of the validation
requirements listed in Paragraph 204.08.a. of this rule is invalid and
ineligible for a prize. The final decision on whether a prize is paid will be
made by the Director.
c. If there
is a dispute between the Director and a claimant whether a ticket is a winning
ticket, and if the Director determines that the ticket is not valid and a prize
is not paid, the Director may replace the disputed ticket with a ticket of
equivalent sales price for a future drawing of the same type of game. This will
be the sole and exclusive remedy of the claimant.
d. If a defective on-line ticket is
purchased, the only responsibility or liability of the Lottery or of the
on-line retailer is the replacement of the defective on-line ticket with
another on-line ticket of equivalent value for a future drawing of the same
type of game.
09.
Retailer Duties. Retailers with an on-line terminal (OLT) must
perform the following duties:
a. Pay costs
associated with providing a telephone line or internet or similar connection
that must be located as specified by the Lottery. Payment of the telephone line
or internet or similar connection is nonrefundable after installation, except
if the Lottery denies, through no fault of retailer, the installation of the
on-line terminal.
b. Pay the
Lottery for the local monthly telephone or internet or similar charges per OLT
as specified by the Lottery. The Lottery will pay for the mileage charges (if
any) between the retailer's location and the Lottery's central site.
c. Hold funds generated from the sale of
on-line tickets in trust for the Lottery. At a time specified by the Lottery,
the retailer must pay these funds to the Lottery plus the monthly
communications charge specified above in Paragraph 204.09.b. of this rule,
less:
i. Prizes paid;
ii. Any credit; and
iii. The retailer discount.
d. Locate the OLT within the
retailer's premises at a point-of-sale location approved by the Lottery. The
retailer is prohibited from moving an OLT unless the retailer follows the
procedures established by the Director, including reimbursing the State Lottery
for any telephone or internet or similar charges associated with the change of
OLT location if the retailer requested the change.
e. Provide dedicated AC power to within
approximately five (5) feet of the terminal. Dedicated AC power means that
there is no other equipment on the line that is to be used for the on-line
terminal. The retailer is responsible for all costs associated with providing
dedicated AC power. The Lottery will provide a schematic of outlet requirements
to the retailer's electrical contractor.
f. Sell all Lottery games, including but not
limited to instant game tickets offered by the Lottery. The retailer agrees to
continue the sale of instant tickets from all cash registers or other points of
purchase.
g. Conduct the sale of
on-line tickets during all hours and days that the retailer's business is open
and the on-line system is functioning. The retailer must post the hours that
redemption of winning tickets may take place if these hours are different from
the retailer's normal business hours. The retailer must monitor ticket supply
levels and give timely notice when any item is in short supply.
h. Post winning numbers prominently where
tickets are sold as soon as possible following the drawing.
i. Provide secure storage for OLT supplies
and a secure area for the OLT.
j.
Exercise due diligence in the operation of the OLT and immediately notify the
Lottery and the central computer facility of any telephone line, internet,
radio, or OLT malfunction, such as the issuance of invalid on-line Lottery
ticket, inability to sell or redeem an on-line ticket, and non-issuance of an
on-line ticket. The retailer is prohibited from performing mechanical or
electrical maintenance on the OLT.
k. Replace ribbons and on-line or instant
ticket stock and clear paper jams as required for the OLT per the instructions
provided by the Lottery.
l. Pay,
without reimbursement, all electricity charges in connection with the operation
of OLT.
10.
Payment
of Prizes by On-Line Retailers.
a. An
on-line retailer must pay to the ticket bearer on-line games prizes of less
than six hundred dollars ($600) for any validated claims presented to that
on-line retailer. These prizes must be paid during all normal business hours of
the on-line retailer, unless redemption hours differ from normal business hours
that have been posted pursuant to Paragraph 204.09.g. of this rule, provided,
that the on-line system is operational and claims can be validated.
b. An on-line retailer may pay prizes in cash
or by business check, certified check, money order, or any combination thereof.
An on-line retailer that pays a prize with a check that is dishonored may be
subject to suspension or termination of its contract.
11.
Retailer Settlement.
a. On-line retailers must establish an
account for deposit of monies derived from on-line games with a financial
institution that has the capability of electronic funds transfer
(EFT).
b. The amount deposited must
be sufficient to cover monies due the Lottery. The Lottery will withdraw by EFT
the amount due the Lottery on the day specified by the Director. If the day
specified for withdrawal falls on a state holiday, withdrawal may be delayed
until the next business day.
12.
Prize Rights Unassignable.
No right of any person to a prize drawn is assignable, except that payment of
any prize drawn may be paid to the estate of a deceased prize winner, and that
any person may be paid the prize to which the winner is entitled pursuant to an
appropriate judicial order. The Director will be discharged of all liability
upon payment of a prize pursuant to this rule.
13.
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 to 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.
14.
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 of 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 of any prize
winnings that are or may be due to a person under a disability including, but
not limited to, minority, mental deficiency, physical or mental
incapacity.
15.
Discharge of State Lottery Upon Payment. The state of Idaho, its
agents, officers, employees and representatives, the Lottery, its Director,
agents, officers, employees and representatives are 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 will be 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.
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.
Effective
July 1, 2024
(Temporary)
