New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 20 - RULES OF THE LOTTERY COMMISSION
Subchapter 12 - COURIER SERVICES
Section 17:20-12.18 - Courier service ticket sale occurrence and ownership
Universal Citation: NJ Admin Code 17:20-12.18
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Courier service ticket sale occurrence:
1. No courier customer request or payment for
courier service and no receipt or acknowledgment of any such request
constitutes evidence of a validly issued ticket. A ticket, in order to be
deemed validly issued, shall be physically generated by a lottery terminal
authorized by the Division for sale to a customer (including sale through a
courier service). A courier service shall not charge a courier customer's
account until such time as the physical ticket is printed from the dedicated
terminal. See N.J.A.C. 17:20-12.16(a);
2. Required disclosures to courier customers:
i. A courier service shall disclose
prominently on its courier service system the text of paragraph (a)1 above;
and
ii. A courier service shall
disclose prominently on its courier service system a warning to customers to
take care to ensure the safekeeping of tickets and not to risk claim
complications by disseminating images of purchased tickets.
(b) Ticket ownership:
1. A courier service that purchases a ticket
on request from a courier customer holds such ticket in trust for such courier
customer and acquires no ownership interest in such ticket. Notwithstanding
such lack of ownership, a courier service may destroy a ticket in compliance
with the retention requirements set forth in N.J.A.C. 17:20-12.17. Tickets in
the possession of the courier service are the sole responsibility of the
courier service and it is the courier service's duty as a fiduciary of the
courier customer to handle such tickets as set forth in this subchapter. This
shall be an express trust relationship between the courier service and the
courier customer with respect to the tickets and any winning related to such
tickets. Any failure to deliver tickets purchased by the courier customer,
pursuant to this subchapter, or to deliver winnings related to such tickets to
the courier customer in accordance with the provisions of this subchapter will
be considered a fraud or defalcation by a fiduciary.
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