Current through September 2, 2024
The Commission hereby authorizes the Director to select and
operate breakopen instant ticket games that meet the criteria set forth in
these rules.
01.
Definitions. As used in Section
205 of these rules, these terms
have the following definitions:
a. "Authorized
Dispensing Device" means any machine, or mechanism designed for use of vending
or dispensing of breakopen instant tickets. These devices may include
mechanical, electrical, electro-mechanical or other devices approved by the
Director of the Lottery pursuant to Section
100 of these rules.
b. "Box" means a group of breakopen instant
tickets with the same unique serial number.
c. "Breakopen Instant Ticket" means a single
folded or banded ticket or a card, the face of which is initially covered or
otherwise hidden from view to conceal numbers or symbols, or both, a few of
which numbers or symbols have been designated in advance and at random as prize
winners when, for the opportunity to obtain each such folded or banded ticket
or card, view the numbers or symbols thereon and possibly obtain a prize, a
person pays an established price to a breakopen instant ticket
retailer.
d. "Breakopen Instant
Ticket Game" means a group of breakopen instant ticket boxes with the same
thematic design and prize structure.
e. "Breakopen Instant Ticket Retailer" means
any person who has been approved, certified and contracted with by the Lottery
to sell breakopen instant tickets.
f. "Breakopen Instant Ticket Vendor" means
any person who produces and provides breakopen instant tickets to the
Lottery.
g. "Distributor" means any
person who purchases or otherwise obtains authorized dispensing devices for use
in breakopen instant ticket games from any person and sells or otherwise
furnishes such device to another person for the resale of or the display or
operation of that device.
i. As used in these
rules, the term "distributor" includes a person who services and repairs
authorized dispensing devices, so long as the person performing such servicing
or repairs is approved by the distributor or distributor's representative, and
makes no addition to, or modification or alteration of, the authorized
device.
ii. A manufacturer who
sells or otherwise furnishes authorized dispensing devices not manufactured by
him to any other person for resale or for display or operation of that
authorized device is also a "distributor."
h. "Distributor's Representative" means any
individual who represents a distributor in any of the distributor's activities
in connection with the sale or furnishing of authorized dispensing device for
use in breakopen instant ticket activities.
i. "Flare" means a vendor-provided
informational sign that, at a minimum, displays the prize structure, the serial
number of the sleeve in play, the odds of winning a prize, and the price of the
ticket.
j. "Manufacturer" means any
person who assembles from raw materials or subparts a completed authorized
dispensing device or pieces of the authorized device for use in breakopen
instant ticket activities and who sells or otherwise furnishes the same to any
distributor or retail outlet.
k.
"Manufacturer's representative" means any person who represents a manufacturer
in any one of the manufacturer's activities in connection with the sale or
furnishing of authorized dispensing device for use in breakopen instant ticket
activities.
l. "Sleeve" is a
portion of a box; and is the smallest unit offered.
02.
Breakopen Instant Ticket Special
Inspection. The Director or authorized representative has the authority
to select any breakopen instant ticket sleeve and examine the quality and
integrity of the sleeve in any manner, including pulling all chances remaining
thereon: Provided, that if the sleeve so inspected is thereby altered by such
inspection in any manner and no defect, alteration, deceptive condition, or
other violation is discovered, then the owner shall be reimbursed by the
Lottery at the owner's cost for the sleeve or portion thereof, and the sleeve
will become the property of the Lottery. Provided further, that for each sleeve
inspected which is found to be defective in any area related to a vendor's
quality control deficiency, a fee may be assessed by the Director against the
vendor of the breakopen instant ticket.
03.
Breakopen Instant Ticket
Operation.
a. No person under the age
of eighteen (18) years is allowed to play or sell any breakopen instant
tickets. It is the responsibility of the retailer to determine that no
unauthorized person is allowed to play or sell breakopen instant
tickets.
b. No retailer is
permitted to display or operate any breakopen instant ticket that has in any
manner been marked, defaced, tampered with or otherwise placed in a condition,
or operated in a manner, that may deceive the public or that affects the
chances of winning or losing upon the taking of any chance thereon.
c. All records, reports, receipts and any
unsold tickets relating to a breakopen instant ticket sleeve must be retained
on the retailer's premises at least ninety (90) days after the sleeve is
removed from play and be made available on demand to representatives of the
Idaho Lottery.
04.
Breakopen Instant Ticket Price per Play to Be Posted. No breakopen
instant ticket sleeve may be placed for public play unless the cost to the
player for each ticket is clearly posted on the flare. The price per ticket
will be determined by the Director.
05.
Claiming of Prizes. Prizes
must be redeemed on the same day as purchased at the location where the winning
ticket was purchased, and prizes will be awarded in cash or by check.
06.
Limitation on Breakopen Instant
Ticket Dispensing. No ticket once placed in an authorized dispensing
device out for public play may be removed from the authorized device until the
sleeve is permanently removed from public play, except only:
a. Those tickets actually played by
players;
b. Those tickets removed
by representatives of the Lottery inspecting the device or sleeve;
and
c. Those tickets temporarily
removed during necessary repair or maintenance of the device. Excepting only
tickets removed under Paragraphs 205.06.b. and 205.06.c. of this rule, once a
ticket has been removed from public play it cannot again be put out for public
play.
07.
All
Devices Must Comply With Requirements. No retailer may display or put
out for play, and no distributor or manufacturer or their representatives may
sell or otherwise furnish any device for the dispensing of breakopen instant
tickets, unless the device is approved for use by the Director, thereby making
it an authorized device.
a. No person may sell
or transfer to another person in this state or for use within this state, nor
shall place out for public play, any device for the dispensing of breakopen
instant tickets that is not constructed to allow a consumer to clearly see each
ticket within the device before playing the device.
b. No person may put out for public play any
device for the dispensing of breakopen instant tickets that is not constructed
to provide for at least one (1) sleeve in play in the device.
c. No person may put out for public play any
device for the dispensing of breakopen instant tickets that is designed, used,
or constructed, in a manner that detracts from the breakopen instant tickets or
that is deceptive in any way, as determined by the Director.
08.
Breakopen Instant Ticket
Series Assembly and Packaging. Vendors of breakopen instant ticket games
must manufacture, assemble and package each game sleeve in a manner that none
of the winning tickets, nor the location or approximate location of any of the
winning tickets, can be determined in advance of opening the tickets. All
breakopen instant ticket games must be approved and will be distributed and
sold exclusively by the Lottery. The Lottery may adopt quality control
standards for the manufacture of breakopen instant ticket games.
09.
Standards For Flares. The
flare advertising prizes available from the operation of any sleeve of
breakopen instant tickets must:
a. Be placed
near or upon the upper face, or on the top, of any authorized device used to
dispense breakopen instant tickets in a manner clearly visible to the public;
and
b. Clearly set out each of the
prizes available and the combination of numbers or symbols which win prizes.
Each flare describing the prizes and winning number or symbols for a sleeve of
breakopen instant tickets in play must clearly set out the sleeve number
assigned to that sleeve by the vendor. The sleeve number will be placed upon
the flare by the vendor. The total number of tickets originally in the sleeve
will be placed upon the flare by the vendor.
10.
Prize Structure. The
Director will establish a prize structure detailing the estimated number of
prizes that are expected to be awarded in each sleeve and a close approximation
of the odds of winning such prizes.
11.
Retailers Eligible to Sell
Breakopen Tickets. Any person interested in obtaining a contract for a
certificate to sell Lottery tickets must file an application on forms provided
by the Director that includes, but is not limited to, requiring an applicant's
personal, financial, and criminal history, and an authorization to investigate
the applicant's criminal and credit history.
12.
Retailer Application and
Fee. All applications to sell breakopen instant tickets must be
accompanied by a nonrefundable fee of twenty-five dollars ($25). If a
certificate is awarded to sell only breakopen instant tickets, no additional
certificate fee is necessary.
13.
Certificate Modification.
a.
Certified instant ticket retailers may apply for a certificate modification to
allow for the sale of breakopen instant tickets. A current instant ticket
retailer will be required to complete an additional application or application
supplements. If a current instant ticket retailer requests that the existing
certificate be modified to allow for the sale of breakopen instant tickets, no
additional application fee will be charged upon approval.
b. Certified breakopen instant ticket
retailers may apply for a certificate modification to allow for the sale of
instant tickets. A current breakopen instant ticket retailer will be required
to complete an additional application or application supplements. If a current
breakopen instant ticket retailer requests that the existing certificate be
modified to allow for the sale of instant tickets, an additional certificate
fee of one hundred dollars ($100) may be charged upon approval.
Effective
March 25,
2022
