601.01 Prize winning tickets
Prize-winning tickets are those that have been validated and
determined in accordance with these Lottery Regulations to be official prize
winners. Consistent with these regulations, criteria and specific rules for
winning prizes shall be developed by the Division and made publicly available
to any player upon request.
601.01A
Lottery Prizes may consist of cash, non-cash, "free ticket" or other valuable
prizes as determined by the Director.
601.02 Final validation and determination of
prize winning tickets remains with the Division.
601.03 Publicity with winners
The Division shall have the right to publicize and use the
names of prize winners, the city, town, or county in which they live and the
amount of prize they have won. Photographs of prize winners may also be used
with the permission of the winners. No additional consideration shall be paid
by the Division for this purpose.
601.03A The social security number, federal
employer identification number or other federal identification numbers, phone
number and street address of a winner of a lottery prize are considered to be
confidential information and may not be released to the public without winner's
permission. Demographic and other winner information gathered on claim forms,
including household income, is for research purposes only and is considered
confidential and may not be released to the public without the winner's
permission. Nothing herein shall prevent the Division from compiling and
releasing statistical information compiled from claim forms without winner's
approval so long as the statistical information released could not be used to
determine individual winner's confidential information.
601.04 Right to prize is not assignable
No right of any person to a prize shall be assignable or
otherwise delegable; except that:
601.04A
Judicial order. The
prize to which a winner is entitled may be paid to another person pursuant to
an appropriate judicial order.
601.04A(1) An
appropriate judicial order does not include any order issued to enforce or
approve an agreement between a prize winner and any third party where the prize
winner has agreed to transfer future prize payments to a third party in
exchange for consideration.
601.04B
Death of prize winner.
All prizes and portions thereof which remain unpaid at the time of a prize
winner's death shall be payable to the prize winner's estate.
601.04B(1) The prize winner may complete and
file with the Division a beneficiary designation for any prizes that are paid
in installments. Upon the death of the prize winner, the remainder of the
payments will be made according to the beneficiary designation.
601.04B(2) If the prize winner's estate has
been closed, the prizes will be paid to the residual heir of the prize
winner.
601.04B(3) The payment of
any prize according to the beneficiary declaration filed with the Division, to
the estate of the deceased in the absence of a declaration, or to the residual
heirs of the deceased, if the estate is closed, shall absolve the Division of
any further liability for the payment of any prize.
601.04C
Prizes for minors. No
prize shall be claimed by, redeemed from or paid to any individual under
nineteen (19) years of age. Tickets may not be purchased by, on behalf of, or
given to an individual under nineteen years of age. For tickets properly owned
by an individual under nineteen (19) years of age, such as through inheritance,
if validated as winning tickets, all prizes shall be paid to the parent or
guardian or custodian of such person under the Nebraska Uniform Transfers to
Minors Act.
601.04C(1) If the minor is
entitled to a prize of not more than five hundred dollars ($500), the Division
shall deliver to an adult member of the minor's family a warrant in the amount
of the prize payable to the order of the minor.
601.04C(2) If the minor is entitled to a
prize exceeding five hundred dollars ($500), the Division shall deposit the
amount of the prize in a custodial bank account, with an adult member of the
minor's family or the minor's guardian serving as custodian for the
minor.
601.04C(3) If the minor is
entitled to a prize other than money, the Division shall pay the cash
equivalent of such prize in the manner provided by the above
subsections.
601.04C(4) If the
minor is entitled to receive a prize that is payable in multiple payments, all
payments due while the person is a minor shall be distributed according to this
subsection, with any payments due after the age of majority being paid directly
to the person.
601.04D
Court determination. The Division may petition a court of
competent jurisdiction to request a determination of the payee for payment of
any prize winnings which are or may become due the estate of a deceased winner,
a winner under a disability because of, but not limited to, minority, mental
deficiency, or physical or mental incapacity or for any other reason determined
by the Division.
601.05
Timing of payments not changed
The Division shall not accelerate the payment of a prize for
any reason, including the death of the ticket holder except as otherwise
provided in these regulations. The Division shall not delay the payment of a
prize except as otherwise provided in these regulations.
601.06 Information reporting and withholding
The Division shall file the appropriate income tax reporting
forms with the Internal Revenue Service and make the appropriate withholding
for both state and federal income tax, and any other required
set-offs.
601.07 Forged or
altered tickets
Forging, altering, or fraudulently making any lottery ticket
or knowingly presenting a forged, counterfeit or altered ticket for prize
payment or transferring such ticket to another person to be presented for prize
payment is a felony in accordance with the Act.
