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OREGON STATE LOTTERY




 

DIVISION 51
LOTTERY PROMOTIONS, GIVEAWAYS,
AND PLAYER LOYALTY PROGRAMS

177-051-0000
Purpose
The purpose of this division of OAR
chapter 177 is to authorize and set forth the provisions for promotions, giveaways
that may be conducted from time to time, and Player Loyalty Programs of the Oregon
State Lottery. The rules in this division do not apply to promotions conducted by
Lottery retailers or incentive programs that the Lottery may conduct for Lottery
retailers.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0010
Definitions
For purposes of division 51, the following
definitions apply, unless the context requires otherwise:
(1) “Drawing”
means a certain type of promotion in which the Lottery, or a drawing agent, randomly
selects an entry from among entrants in order to award a promotional reward or giveaway
to the person whose entry is selected.
(2) “Giveaway”
means Lottery-branded merchandise, cash, a coupon, or any other item of value given
by the Lottery to a person as a means of promoting the sale of the Lottery’s
tickets and shares.
(3) “Player Loyalty
Program” refers to a promotional program offered by the Lottery to encourage
loyalty to Lottery products, where persons who qualify must register to become a
member in order to participate in the Player Loyalty Program.
(4) “Promotion”
means an activity that directly or indirectly promotes the sale of Lottery tickets
or shares through use of a Player Loyalty Program, promotional rewards, giveaways,
or any other item or player incentive offered by the Lottery.
(5) “Promotional Reward”
means an item of value that may be awarded to a person in a promotion through a
drawing.
(6) “Website”
means the Lottery’s Internet address at www.oregonlottery.org, or any other
website that may be specified by the Lottery for a particular promotion or promotional
program.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0030
Promotions
(1) Authorization: At the discretion
of the Director, the Lottery may conduct promotions that directly or indirectly
promote the sale of Lottery® tickets or shares.
(2) Participation: A person
may participate in a promotion only if eligible, as solely determined by the Lottery.
No purchase is required and there is no fee for participation in a Lottery promotion.
No person may claim any right to participate in any promotion or promotional program
or to receive from the Lottery any promotional reward, giveaway, or any other item
of value offered by the Lottery through a promotion.
(3) Applicable Laws: A promotion
is subject to all applicable laws and administrative rules related to the Lottery
and to any additional terms and conditions relating to the promotion that are posted
by the Lottery on its website. The Lottery may change the terms and conditions of
a promotion at any time and for any reason, with or without prior notice.
(4) Void if Prohibited: Any
promotion conducted by the Lottery is void where prohibited by law.
(5) Non-Transferable: Promotional
rewards, giveaways, or any other items of value offered through a promotion are
not transferable and a person may not assign or otherwise transfer any right to
receive such items. The Lottery will not make any substitutions.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0035
Player Loyalty
Program
(1) General: The Lottery may offer a
Player Loyalty Program. A Player Loyalty Program is a promotional program offered
by the Lottery to promote the sale of Lottery® tickets and shares.
Participation by members who join as members is voluntary and for entertainment
purposes only. No person may claim any right to participate in a Player Loyalty
Program offered by the Lottery, nor may a person claim any right to receive a promotional
reward, giveaway, or any other item of value offered by the Lottery through a Player
Loyalty Program.
(2) Eligibility: A person
must meet the requirements in OAR 177-051-0040 in order to become a member and be
eligible to participate in a Player Loyalty Program.
(3) Membership Application:
To participate in a Player Loyalty Program, a person must become a member by electronically
completing a registration process that includes providing the person’s name,
physical address, e-mail address, and any other information required by the Lottery.
(4) Terms and Conditions:
Participation in a Player Loyalty Program offered by the Lottery is subject to all
terms and conditions governing the program. The terms and conditions shall be posted
on the website. By applying for membership, a person expressly accepts the terms
and conditions at the time the person completes the registration process. The terms
and conditions may be modified at any time, with or without prior notice, even if
such modification may affect a member’s participation in the Player Loyalty
Program or affect the member’s receipt of a promotional reward, giveaway,
or any other item of value offered by the Lottery under a Player Loyalty Program.
(5) Discontinuation of Program:
The Lottery may discontinue a Player Loyalty Program at any time, with or without
prior notice by the Lottery. Once a program is discontinued, a member’s eligibility
for promotional rewards, giveaways, or any other item of value offered by the Lottery
under the program terminates.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 3-2011, f. 7-29-11,
cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT
2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0040
Eligibility
(1) Requirements: To be eligible to
receive any promotional reward, giveaway, or any other item of value offered in
a Lottery promotion, or to participate in a Player Loyalty Program, a person must
meet the following requirements:
(a) Be a natural person 18
years of age or older, unless a specific promotion or Player Loyalty Program requires
the entrant to be 21 years of age or older;
(b) Must not be:
(A) An employee or representative
of the Lottery, or the spouse, child, brother, sister, or parent of any such employee
or representative;
(B) An employee or representative
of the Oregon State Police, Gaming Enforcement Division; or
(C) A Lottery vendor who
is prohibited by contract with the Lottery from participating in the promotion or
is prohibited from playing Lottery games.
(c) Must accept and abide
by all terms and conditions applicable to the promotion.
(2) Disqualification: If
at any time the Lottery determines that a person who participates in a promotion,
including, but not limited to a Player Loyalty Program, does not meet the eligibility
requirements listed above, that person is disqualified. A person who is disqualified
is not eligible to participate in the promotion and is not eligible to receive any
promotional reward, giveaway, or any other item of value offered in the promotion.
If a person who is disqualified has received a promotional reward, giveaway, or
any other item of value in the promotion, the Lottery, in its sole discretion, may
require the person to return the promotional reward, giveaway, or other item or
incentive to the Lottery.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0120
Limitation
of Liability
(1) General: The State of Oregon, its
agents, officers, and employees, the Oregon State Lottery Commission, and the Oregon
State Lottery, and its agents, officers, and employees, are not liable for any:
(a) Late, lost, misrouted,
garbled, distorted, or damaged entries, claims, other communications, or transmissions;
(b) Telephone, electronic,
hardware, software, network, Internet, or other computer, or communications-related
malfunctions or failures;
(c) Promotion disruptions,
any printing or typographical errors in any materials associated with a promotion;
(d) Entries, claims, or other
communications not received by the Lottery, or if applicable, by a Lottery contractor,
vendor, or authorized agent, or that are lost in the mail or delivered elsewhere,
or are electronically misrouted or misdirected; or
(e) Other injuries, losses,
or damages arising from, related to, or caused by a promotion, or any claims arising
from or related to the acceptance, possession, or use of any promotional reward,
giveaway, or any other item of value offered by the Lottery.
(2) Voluntary Participation:
Participation in a promotion is voluntary. Acceptance of any promotional reward,
giveaway, or other item of value offered in a promotion is voluntary. Promotions
that require persons to compete with other persons, play games, or complete tasks,
or any similar activities carry a risk of personal injury or death. Participation
is at the person’s own risk. The State of Oregon, its agents, officers, and
employees and the Oregon State Lottery Commission and the Oregon State Lottery,
its agents, officers, and employees, are not liable for any personal injury, loss,
or consequential damage arising from, related to, or caused by a person’s
participation in any promotion. Possession, use, or participation in any activity
resulting from the acceptance of a promotional reward, giveaway, or other item of
value awarded to a person by the Lottery carry a risk of personal injury or death.
Such acceptance is at the person’s own risk. The State of Oregon, its agents,
officers, and employees and the Oregon State Lottery Commission and the Oregon State
Lottery, its agents, officers, and employees, are not liable for any personal injury,
loss, or consequential damage arising from, related to, or caused by a person’s
acceptance of any promotional reward, giveaway, or other item of value awarded to
the person by the Lottery.
(3) Disputes: In the event
a person disagrees with the Lottery’s determination that the person is not
eligible to participate in a promotion, or has not complied with the terms and conditions
of a promotion, and therefore should not receive a promotional reward, giveaway,
or any other item of value offered by the Lottery, the Lottery’s determination
is final. At the sole discretion of the Lottery, and if the person is eligible,
the Lottery may provide the person with the opportunity to enter another promotion,
or may provide the person a ticket or share from any current Lottery game. This
is the person’s sole and exclusive remedy.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
177-051-0130
Miscellaneous
(1) Cancellation of Promotions: The
Director may cancel or postpone any promotion at any time in the exercise of the
Director’s sole discretion, with or without prior notice.
(2) Conflicting Provisions:
In the event of a conflict between the Lottery’s rules in division 51 and
the terms and conditions of any promotion, these rules control.
Stat. Auth.: OR Const. Art. XV, Sec.
4(4) & ORS 461
Stats. Implemented: ORS 461.200
Hist.: LOTT 5-2003(Temp),
f. & cert. ef. 5-28-03 thru 11-21-03; LOTT 13-2003, f. & cert. ef. 9-29-03;
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11; LOTT 1-2013(Temp), f. & cert. ef.
2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

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