Oregon Administrative Rules
Chapter 177 - OREGON STATE LOTTERY
Division 94 - WIN FOR LIFE
Section 177-094-0080 - Prizes
Universal Citation: OR Admin Rules 177-094-0080
Current through Register Vol. 63, No. 9, September 1, 2024
(1) General: Prizes for a winning ticket are determined by matching each horizontal set in the ticket's game play with the winning numbers from the relevant drawing. [Table not included. See ED. NOTE.]
(2) Prize Percentage Payout: The number of prizes for the Win for Life game is not predetermined by the Lottery. The overall prize percentage payout for the Win for Life game is estimated at approximately 65% over time, but the actual prize payout may vary from day-to-day and year-to-year due to factors that include, but are not limited to, the numbers of players participating each day and the number of winning wagers.
(3) Disputes: In the event of a dispute over the value of a prize or whether a ticket contains winning numbers or is a winning ticket, the Director's determination is controlling.
(4) Multiple Prizes:
(a) Subject to the
validation requirements in OAR 177-094-0060, for each drawing, a player may
receive multiple prizes on each ticket for which a ticket containing a winning
game play is eligible.
(b) Only the
top-prize associated with each set of numbers within the Win for Life, $50,000,
$20,000, and $10,000 prize categories shall be paid.
(5) Claiming a Prize: Prize payments must be claimed, and shall be made, in accordance with the provisions of OAR 177-046-0110 and 177-070-0025. Notwithstanding OAR 177-070-0025(2) and subject to section (7) of this rule, a person who claims a Win for Life top prize of $1,000 a week for life must present the winning ticket and completed claim form in person, at Lottery Headquarters.
(6) Payment of Prizes: Upon validation of a winning ticket, a prize resulting from that winning ticket shall be paid to the prize winner in one lump-sum except for the Win for Life prize of $1,000 per week for life.
(7) Win for Life Top Prize:
(a) General: The Win for Life top
prize is $1000 per week for life. Only one natural person may own a winning
ticket for the Win for Life top prize of $1,000 per week for life, and claim
the Win for Life top prize of $1,000 per week for life. Notwithstanding OAR
177-046-0110(6), a winning ticket of the Win for Life top prize cannot be owned
jointly and the top prize will only be paid to the owner of the winning
ticket.
(b) Ownership: Only one
natural person may sign a Win for Life top prize of $1000 per week for life
winning ticket. A winning ticket of a Win for Life top prize is owned by the
natural person who first signs the ticket and cannot be claimed by multiple
owners. In the event a single winning ticket is signed by more than one natural
person, the natural persons who signed the ticket must identify the natural
person who first signed the ticket on a form provided by the Lottery.
(A) No Relinquishment: Notwithstanding OAR
177-046-0110(6)(c), ownership of a winning ticket of a Win for Life top prize
of $1000 per week for life cannot be relinquished.
(B) Deceased Signatory: If the owner of a
winning ticket of a Win for Life top prize dies before the prize is claimed,
the personal representative of the owner's estate as appointed by a court, may
claim the prize on behalf of the owner's estate. The maximum prize is $260,000
as set forth in subsection (f) and will be paid by the Lottery to the owner's
estate in one lump sum. The provisions of this rule control over any
conflicting provision of OAR 177-046-0120.
(c) Payment Options: The Win for Life top
prize is $1,000 per week for life and shall be paid, based upon a selection
made by the prize winner, either as:
(A)
Weekly: A prize payment of $1000 each week beginning on the date prize payment
is initiated upon validation of the winning ticket and thereafter on the same
day each week, or if such day falls on a non-business day, then the next
business day; or
(B) Annually: A
payment of $52,000 paid annually beginning on the date prize payment is
initiated upon validation of the winning ticket and thereafter on the
anniversary date of the first payment, or if such date falls on a non-business
day, then the first business day following the anniversary date of the first
payment.
(d) Payments to
Cease upon Winner's Death: The Win for Life top prize of $1,000 per week for
life will be paid to the prize winner until such time as the prize winner dies
at which time all further prize payments shall cease.
(e) Five-Year Guaranteed Payment:
Notwithstanding subsection (d) of this section, if the prize winner dies within
five years of the date of prize validation, a claim for the remaining prize
amount may be submitted as provided in OAR 177-046-0120 and the Lottery shall
pay any remaining prize payments the prize winner would have received within
the first five years after prize validation in one lump sum to the individual
designated on a beneficiary designation form or to the prize winner's
estate.
(f) Maximum Five-Year
Guaranteed Payment: Notwithstanding subsections (d) and (e) of this section,
for Win for Life tickets purchased on or after December 1, 2010, if the prize
winner dies within five years of the date of prize validation and a claim for
the remaining prize amount is submitted as provided in OAR 177-046-0120, the
Lottery shall pay any remaining prize payment the prize winner would have
received within the first five years after prize validation in one lump sum as
provided in OAR 177-046-0120, but only up to a maximum of $260,000.
(g) Election of Payment Schedule:
(A) Limitations of Election: At the time of
the validation of a winning Win for Life ticket for the top prize of $1000 per
week for life, the prize winner of the top prize must elect either the weekly
or annual prize payment schedule described in subsection (c) of this section. A
prize winner who elects the annual payment schedule cannot subsequently convert
to the weekly payment schedule. The election of the annual payment schedule is
irrevocable. A prize winner who elected the weekly payment schedule may convert
to the annual payment schedule at any time, and the Lottery will issue payment
to the prize winner for the sum of the remaining weekly payments from that date
to the next anniversary date. Subsequent annual payments will be made on the
anniversary date.
(B) Election When
Child Support Owed: Notwithstanding subsection (A) of this subsection and
subsection (g) of this section, when a search of delinquent child support
obligors performed pursuant to ORS
461.715 and OAR 177-010-0090 Child Support Validation Check results in a positive match
with the prize winner and the Division of Child Support of the Department of
Justice or its successor initiates garnishment proceedings, the prize winner of
the Win for Life top prize of $1,000 per week for life has no payment options
from which to select and will be placed on the annual payment schedule as
described in subsection (7)(c)(B) of this section. This placement on the annual
payment schedule is irrevocable.
(C) Conversion to Annual Payment Schedule
upon Garnishment from Department of Justice (DOJ): Upon receipt of garnishment
proceedings from DOJ directed to the Lottery for monies due or to become due to
a prize winner receiving weekly payments under the Win for Life top prize of
$1000 per week for life, the Lottery will place that prize winner on the annual
payment schedule as described in subsection (7)(c)(B) of this section.
Conversion of the prize winner's payment schedule from weekly to annual under
this section of the rule is irrevocable. The Lottery shall make payments to
such a prize winner as follows:
(i) Payment
Less Garnishment Amounts: Within a reasonable time after the disposition of the
garnishment proceeding, the Lottery shall pay the prize winner the sum of the
prize winner's weekly payments from the date the Lottery placed the prize
winner's payments on hold to the prize winner's next anniversary date less any
amounts withheld pursuant to the garnishment proceedings and applicable tax
laws.
(ii) Subsequent Payments: The
Lottery shall make any subsequent annual payments, less any amounts withheld
pursuant to the garnishment proceedings and applicable tax laws, on the
anniversary date of the validation of the prize or on the next business day
following if the anniversary date is a Saturday, Sunday, holiday or furlough
closure day.
(h) Limitation on Prize Amount for Multiple
Top Prize Winning Tickets: Where there are more than three winning tickets in a
single Win for Life drawing, the maximum combined annual top prize payout for a
single Win for Life drawing is $156,000.
(A)
More Than Three Winning Tickets: Notwithstanding the $1,000 per week amount
referred to in this rule, if there are more than three winning tickets for a
Win for Life top prize of $1,000 per week for life in a single drawing, the
annual top prize payment per winning ticket shall be limited to $156,000
divided by the number of winning tickets of the Win for Life top prize in that
drawing.
(B) Example: For example,
if there are four Win for Life top prize winning tickets in a single drawing,
the annual top prize amount is calculated by dividing 4 into $156,000 which
equals $39,000 as the annual prize payment amount per each winning
ticket.
(C) Payment:
Notwithstanding subsection (g) of this section, the prize winner will be paid
on an annual prize payment schedule. This placement on the annual prize payment
schedule is irrevocable.
(D) Effect
of Subsequent Events: Subsequent events, including, but not limited to, the
death of one of the prize winners, shall not alter the other prize winners'
original pro rata share of the calculated prize amount.
(E) Division of Prize: If there are multiple
winners of the Win for Life top prize in a single drawing such that the prize
cannot be divided equally among the winners to a whole cent, the prize payments
may be rounded down so that the prize may be divided equally and paid to the
nearest whole cent to each winner. Breakage from rounding the prize shall be
treated as an unclaimed prize by the Lottery.
(F) Example: If there are seven Win for Life
top prize winning tickets in a single drawing, the annual top prize amount paid
to each winner is calculated by dividing 7 into $156,000 which equals
$22,285.714285 The Lottery shall round that amount down to $22,285.71 which
totals $155,999.97 paid to the seven winners. The breakage of three cents shall
then be treated as an unclaimed prize.
(i) Initiation of Payment: Prize payment is
initiated upon validation of a winning ticket.
(j) Electronic Fund Transfer: After the
initial prize payment issued to a Win for Life top prize winner, the Lottery
shall pay both weekly and annualized Win for Life prize installments via
electronic funds transfer in the usual course of Lottery business. This section
shall control over any conflicting provision in OAR 177-046-0110.
(k) Annual Affidavit Required:
(A) General: Once each year and no earlier
than thirty days prior to the anniversary of the original validation date, a
prize winner of a Win for Life top prize of $1,000 per week for life shall
provide the Lottery with an affidavit on a form provided by the Lottery, signed
by the prize winner, bearing the seal of a notary public, verifying the prize
winner is living, containing the prize winner's current address, and a bank
account number to which the prize shall be paid.
(B) Termination of Prize: If a prize winner
of a Win for Life prize of $1,000 per week for life does not provide the
Lottery with the affidavit described in subsection (i)(A) of this section, then
the Lottery shall not make further prize payments to the prize winner. If the
failure of a prize winner to provide the affidavit continues to the next
anniversary of the validation date, the remainder of the prize shall be
terminated.
(C) Exception:
Notwithstanding paragraph (B) of this subsection, when it is reasonable and
prudent to do so based on the facts underlying a prize winner's failure to
provide an annual affidavit, the Director may authorize prize payment even
though an affidavit has not been provided or is not timely provided. No
interest shall be paid by the Lottery on the value of the prize during the
period a prize remained unclaimed.
(l) Death During a Payment Year: If a prize
winner of a Win for Life top prize of $1,000 per week for life dies after five
years have elapsed from the date of validation and if a sequence of weekly
prize payments are paid over the course of the year in which the prize winner
dies or if a single annual prize payment has been paid prospectively to the
winning player for that year, the prize could be overpaid. It is the policy of
the Lottery that the difference between the prize that should have been paid
based on the date of the death of the prize winner relative to the anniversary
date of validation of the prize and the prize amount that was actually paid
during the year in which the prize winner died will not be subject to
reimbursement by the Lottery. Any prize payment paid after the year in which
the prize winner dies relative to the anniversary date of validation of the
prize shall be subject to reimbursement to the Lottery.
(m) Non-Assignability: A Win for Life top
prize of $1,000 per week for life is based on the unknown duration of the life
of the prize winner and is therefore a prize of unspecified value and uncertain
periodicity. Consequently, a Win for Life top prize of $1,000 per week for life
is not a future periodic prize payment as described in ORS
461.253(1)
and cannot be assigned, gifted, sold, or transferred in any manner from the
winner to another person or entity except under the circumstances as described
in subsection (d), (e), and (f) of this rule.
Tables referenced are available from the agency.
Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
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