Pennsylvania Code
Title 61 - REVENUE
Part V - State Lotteries
Chapter 876 - ILOTTERY
Section 876.9 - iLottery terms and conditions
Universal Citation: 61 PA Code ยง 876.9
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The terms and conditions for the establishment of a lottery account and for the registration and participation in iLottery will be published in the Pennsylvania Bulletin and will be known as the iLottery terms and conditions.
(1) Amendments to the
iLottery terms and conditions will be published in the Pennsylvania
Bulletin.
(2) The iLottery
terms and conditions will be available on the Bureau's iLottery web site and
other locations as established by the Secretary.
(b) The iLottery terms and conditions for the establishment of a lottery account and for registration and participation in iLottery will include all of the following:
(1) Acknowledgment, consent, agreement and
acceptance by the individual to all of the following:
(i) Confirmation by the Bureau of the
applicant's age and identity.
(ii)
The use of a mechanism by the Bureau to detect the physical location of a
registered iLottery player in compliance with
4
Pa.C.S. §
503(h)(1)
(relating to iLottery authorization).
(iii) The terms of the end user license
agreement for the software and terms and conditions of any third-party services
used for the implementation and operation of iLottery and the provision of
iLottery games.
(iv) The monitoring
and recording by the Department or the Bureau of any iLottery communications
and geographic location information.
(v) The jurisdiction of the Commonwealth to
resolve disputes arising out of the conduct of iLottery.
(vi) Any moneys remaining on deposit in the
registered iLottery player's lottery account as abandoned and unclaimed
property if the registered iLottery player has not logged into the lottery
account using their username and password in more than 3 years.
(vii) The registered iLottery player's
lottery account may be suspended or closed for reasons established by the
Secretary, including any of the following:
(A)
Violations of the iLottery terms and conditions as provided for under this
chapter.
(B) The registered
iLottery player has been charged with or convicted of an offense under
18 Pa.C.S. §§
4106,
5111,
5512-5514,
4 Pa.C.S. § 1518 or
§ 3905 or conspiracy to commit offenses under
18 Pa.C.S. §
903, or
equivalent crimes under Federal law or the law of another state.
(C) A self-exclusion request under §
876.16 (relating to self-exclusion
from iLottery).
(D) The application
of a responsible gambling tool by a registered iLottery player, as described in
the iLottery terms and conditions, which limits the ability of the registered
iLottery player to log into the lottery account.
(E) Other reasons as established by the
Secretary.
(viii) Other
terms and conditions that may apply related to registration and participation
in iLottery.
(ix) Lottery winnings
are subject to Federal and State withholding taxes and prizes awarded to the
registered iLottery player will be reduced by the amount of withholding
required under applicable law.
(x)
Lottery winnings are subject to certain deductions as required by law and
prizes awarded to the registered iLottery player will be reduced by any amount
required to be deducted under applicable law.
(xi) To receive certain prizes, as identified
and described in the iLottery game rules provided for under §
876.2c (relating to categories of
iLottery games) or iLottery game descriptions as provided for under §
876.4 (relating to iLottery game
description) or promotional prize notices provided for under §
811.41 (relating to promotional
prizes), the registered iLottery player may be required to take additional
measures to claim a prize, including to appear in person at a specified Bureau
claim center.
(xii) Use of
electronic communications to establish a lottery account, for iLottery
registration, communications regarding the lottery account and other
communications related to iLottery as determined by the Bureau.
(xiii) Ability of the registered iLottery
player to use the responsible gambling tools available through
iLottery.
(xiv) Ability of the
registered iLottery player to self-exclude from iLottery and the extent to
which the self-exclusion applies to use of the registered iLottery player's
lottery account.
(xv) Methods by
which moneys or credits may be deposited and under what circumstances moneys or
credits may be deposited into the registered iLottery player's lottery
account.
(xvi) Moneys or credits
deposited and held in the registered iLottery player's lottery account do not
earn interest.
(xvii) Methods by
which moneys or credits may be withdrawn and under what circumstances moneys or
credits may be withdrawn from the registered iLottery player's lottery
account.
(xviii) Reporting of
suspected fraudulent or unlawful activity related to the operation of
iLottery.
(xix) Dispute resolution
procedures related to iLottery.
(xx) Information provided to the Department
or Bureau during the establishment, use, access or closure of the registered
iLottery player's lottery account is true and correct.
(xxi) Methods by which a registered iLottery
player may purchase lottery products as a gift or for the benefit of another
person.
(xxii) iLottery game rules
as described in §
876.2d (relating to iLottery game
rules by category of game offered) and iLottery game descriptions in §
876.4.
(xxiii) Terms and conditions
for iLottery promotions as provided for under §
876.17 (relating to iLottery
promotional prizes).
(xxiv)
Information related to subscription services as provided for under §
876.19 (relating to subscription
services).
(2) Rules and
obligations applicable to the registered iLottery player, other than rules of
individual games, including all of the following:
(i) Prohibition against allowing another
individual to access or use the registered iLottery player's lottery
account.
(ii) Prohibition against
purchasing a play, chance or share unless the registered iLottery player is
physically located in this Commonwealth.
(iii) Prohibition against using automated
computerized software or other equivalent mechanisms to engage in iLottery.
Nothing in this section shall prohibit the use of adaptive technologies by
registered iLottery players with a disability as defined in the Americans with
Disabilities Act of 1990 (42
U.S.C.A. §§
12101-12213).
(iv) Prohibition against participation in
iLottery by an individual under 18 years of age.
(v) Prohibition of an individual who
self-excluded from iLottery from participating in iLottery.
(vi) Prohibition against purchasing a play,
chance or share or receiving a prize if the registered iLottery player is:
(A) An officer or employee of the
Bureau.
(B) A spouse, child,
brother, sister or parent residing as a member of the same household as an
officer or employee of the Bureau.
(C) An officer or employee of a contractor or
subcontractor who is directly involved in the operation of iLottery or the
provision of iLottery related services.
(D) A spouse, child, brother, sister or
parent residing as a member of the same household as an officer or employee of
a contractor or subcontractor who is directly involved in the operation of
iLottery or the provision of iLottery related services.
(3) Any other terms and conditions
the Secretary deems necessary and relevant for the conduct of
iLottery.
The provisions of this § 876.9 amended under 4 Pa.C.S. § 503; and section 303(a) of the State Lottery Law (72 P.S. § 3761-303(a)).
This section cited in 61 Pa. Code § 876.6 (relating to governing law); 61 Pa. Code § 876.7 (relating to general provisions); 61 Pa. Code § 876.10 (relating to iLottery registration and participation); 61 Pa. Code § 876.10a (relating to registered iLottery player lottery account requirements); 61 Pa. Code § 876.11a (relating to methods to fund a lottery account); 61 Pa. Code § 876.14a (relating to withdrawals from a lottery account); 61 Pa. Code § 876.16 (relating to self-exclusion from iLottery and responsible gambling tools); and 61 Pa. Code § 876.19 (relating to subscription services).
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