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OREGON STATE LOTTERY
DIVISION 46
LOTTERY GAMES GENERAL OPERATING RULES
177-046-0010
Purpose
The purpose of division 46 is to set forth standardized rule provisions that are applicable to Lottery games (excluding Video LotterySM games) offered by the Lottery. Each type of game is set forth in a specific division containing rules unique to that type of game. In the event of a conflict between a provision contained in this division and the specific rule division, the provision in the specific rule division controls.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0015
Definitions
For the purposes of division 46, the
following definitions apply except as otherwise specifically provided in OAR chapter
177 or unless the context requires otherwise:
(1) “Drawing”
means the procedure whereby the Lottery, or a drawing agent, selects the winner
or the winning combination in accordance with the rules of the game.
(2) “Drawing agent”
means a Lottery vendor or other designee who, subject to the approval of the Director,
is designated by the Assistant Director of Security to conduct specified drawings
on behalf of the Lottery.
(3) “Electronic drawing”
means any drawing that involves the use of a random number generator or other computer-driven
or computer-assisted device to determine winners or winning combinations, and manual
interaction is incidental to the selection process.
(4) “Electronic drawing
equipment” includes any computer-driven or computer-assisted device used by
the Lottery, or a drawing agent, for the purpose of determining winners or winning
combinations, including, but not limited to, devices used by the Lottery’s
central gaming system for Lottery’s Draw games, or for the Lottery’s
periodic internet entry, raffle, second-chance drawings, or promotional games.
(5) “Manual drawing”
means any drawing that does not involve the use of a random number generator or
any other computer-driven or computer–assisted device to determine winners
or winning combinations, and manual interaction is primary to the selection process.
(6) “Manual equipment”
includes any mechanical equipment or non-electronic method used by the Lottery,
or a drawing agent, for the purpose of determining winners or winning combinations,
including, but not limited, to Lottery’s periodic raffle games.
(7) “Random number
generator” means a computer-driven electronic device capable of producing
numbers at random.
Stat. Auth.: ORS 461
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 5-2008, f. 6-30-08,
cert. ef. 7-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; 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
177-046-0020
Sale of Lottery Tickets and Shares
(1) General: The Director may contract
with retailers for the sale of Lottery tickets and shares. Except as provided in
section (3) of this rule, only a retailer under contract with the Lottery may sell
Lottery tickets or shares. Nothing in this section shall be construed to prevent
a person who lawfully purchases or possesses a Lottery ticket or share from making
a gift of such ticket or share to another.
(2) Retailer Sales Locations:
Unless authorized by the Lottery, Lottery tickets or shares may only be sold by
a Lottery retailer at the location listed in the retailer contract.
(3) Lottery Sales: The Lottery
may designate its agents or employees to sell Lottery tickets or shares directly
to the public, either in person at Lottery Headquarters, at a Lottery kiosk, other
locations designated by the Director for the sale of Lottery tickets and shares,
or sales by the Lottery through electronic means. For purposes of Lottery’s
traditional lottery game rules, reference to a “retailer,” “Lottery
retailer,” or “Lottery On-line retailer” includes Lottery sales
unless the context or a specially applicable provision indicates otherwise.
(4) Future Drawings: A player
may purchase a ticket or tickets for future consecutive drawings to the extent permitted
by the Lottery for each Lottery game. The player must specify at the time of purchase
that the ticket or tickets include future consecutive drawings.
(5) Sales Are Final: Unless
otherwise provided in OAR chapter 177, the sale of all Lottery tickets and shares
is final. A player may not return a Lottery ticket or share for a refund of the
purchase price or exchange unless the specific game rule provides otherwise. The
Lottery is not liable for Lottery tickets or shares that are purchased in error.
(6) Distribution: The Director
is authorized to arrange for the direct distribution of Lottery equipment, ticket
stock, and supplies shipped directly from the manufacturer or supplier to an authorized
retailer.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp),
f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02;
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06; LOTT 18-2005, f. 12-21-05,
cert. ef. 12-31-05; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 8-2008(Temp),
f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09; LOTT 2-2009, f. 2-27-09, cert. ef.
3-1-09; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 7-2009, f. 9-28-09, cert.
ef. 10-1-09; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 3-2015, f. 9-25-15,
cert. ef. 10-1-15
177-046-0030
Stolen, Destroyed, or Damaged Lottery Tickets or Shares
A Lottery retailer may receive credit for stolen, defective, damaged, or destroyed Lottery tickets or shares only as specified in the specific game rule or in the Lottery retailer contract.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0040
Retail Price Discounts and Retailer Promotions
(1) General: The Lottery may offer discounts from the retail sale price of Lottery tickets or shares to the public by any method approved by the Director. The Director will communicate or distribute information regarding discounts by using methods designed to reach the public. These methods may include, but are not limited to, the use of direct mail, newspaper advertising, or by offering coupons at Lottery offices or retail locations.
(2) Retailer Promotions: The Director may provide written authorization for a Lottery retailer to engage in a promotion in which the retailer gives one or more Lottery tickets or shares to the retailer’s customers in exchange for the purchase of goods or services.
(a) A Lottery retailer seeking authorization to conduct such a promotion shall identify, to the degree required by the Director, the goods or services to be purchased by a customer in exchange for a Lottery ticket or share and the number and type of tickets or shares to be given to the customer in exchange.
(b) A Lottery retailer is not permitted to increase the price of goods or services offered for sale as a part of the promotion to recoup costs associated with the promotion.
(c) It is the policy of the Lottery to authorize a promotion described in this section only when the proposed promotion maintains the integrity, security, honesty, and fairness of the Lottery.
(d) Lottery tickets or shares given during an authorized promotion are considered and counted as a sale for the retail price established by the Lottery in the rules for each Lottery game.
(e) No promotion is authorized unless it complies with this rule.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0050
Accuracy of Tickets and Shares
It is the sole responsibility of a player to verify the accuracy of a Lottery ticket or share purchased by the player. The Lottery is not liable for any Lottery ticket or share purchased or printed in error. Specific Lottery game rules may provide for cancellation of a Lottery ticket or share under certain circumstances.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0060
Cancellation of Lottery Tickets and Shares
(1) General: Where a specific rule provides that the purchaser of a Lottery ticket or share may cancel the purchase, the following is the procedure for cancellation:
(a) To cancel a purchase of a Lottery ticket or share, the player must return it to the selling retailer on the day of purchase before wagers are disabled prior to the first drawing or other winner determination time as applicable.
(b) The player shall receive a refund from the retailer equal to the purchase amount of the Lottery ticket or share.
(c) If a Lottery ticket or share cannot be cancelled because the Lottery’s central computer system does not record the cancellation in a timely manner due to a mechanical or electronic transmission malfunction, credit may still be given to the retailer provided the following steps are taken:
(A) The retailer attempts to cancel the Lottery ticket or share before wagers are suspended and a computer record of the attempt is created.
(B) The retailer calls the Retailer Services Hotline and gives the Lottery ticket or share’s identifying number to the operator, and
(C) The retailer mails the Lottery ticket or share to the Lottery within two weeks from the date of purchase.
(2) Exchange Tickets or Shares: Notwithstanding any other rule, exchange tickets or shares cannot be cancelled under any circumstances.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0070
Official Start of Each Lottery Game
The Director may publicly announce the game launch and start date of each new Lottery game to Lottery retailers by posting the information on the Lottery’s official website, or by any other appropriate means. The Director may also announce the description of the game, the number and value of the prizes in the game, and the odds of winning those prizes.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0080
Drawings
(1) Drawing Coordinator and Procedures:
Subject to the approval of the Director, the Lottery’s Assistant Director
for Security may designate a Lottery employee as a Drawing Coordinator, and may
designate a drawing agent to conduct drawings. Drawings shall be conducted pursuant
to drawing procedures approved by the Lottery’s Assistant Director for Security
and the Director.
(2) Drawing Equipment: The
Lottery may use any type of equipment or method, including electronic or manual
equipment and any variety of existing or future methods or equipment, for determining
the winner or winning combination in any Lottery game that involves a drawing. The
Lottery shall ensure the security and integrity of any equipment used to determine
a winner or winning combinations. The Lottery will approve the equipment and procedures
used by any drawing agent who conducts a drawing for the Lottery.
(a) Electronic Drawing Equipment:
Any electronic connections to electronic drawing equipment must be made by a secure
method. The Lottery shall test the equipment periodically or as needed to ensure
proper operation and lack of tampering or fraud. The Lottery shall have its random
number generators, or any other computer-driven or computer-assisted device used
for a drawing, statistically analyzed, tested, and certified by an independent,
qualified statistician for integrity.
(b) Manual Equipment: The
use of any manual equipment used by the Lottery, or a drawing agent, to determine
a winner or winning combinations must comply with the provisions of ORS 461.230(2).
(c) Random Number Generators:
The Lottery, or a drawing agent with Lottery approval, may use random number generators
to determine winning numbers for Lottery games, and to select a winning entry in
a Lottery second chance drawing.
(3) Security: Subject to
the approval of the Director, the Lottery’s Assistant Director for Security
shall approve procedures to ensure the physical security of the Lottery’s
drawing equipment, and the drawing equipment used by a drawing agent, and shall
specify the individuals who shall have physical access to any drawing equipment.
Any random number generator, or any other computer-driven or computer-assisted device,
used by the Lottery, or a drawing agent, to determine winners, winning combinations,
or winning entries shall be kept in a sealed enclosure within a secure area.
(4) Drawing Errors: If, during
a game drawing, an equipment failure or operator error causes an interruption in
the selection of numbers, symbols, or entries, a technical difficulty will be declared.
Any number drawn prior to the declaration of a technical difficulty will stand and
be deemed official when verified.
(5) Delay in Payment and
Resolution: The Director will delay payment of all prizes if any evidence exists
or there are grounds to suspect equipment malfunction, tampering, or fraud. In such
event, the Lottery will not pay any prize until the Lottery completes an investigation
and the Director approves the drawing and authorizes payment. If the Director does
not approve the drawing, it will be void and the Lottery, or a drawing agent, will
conduct another drawing to determine the winner or the winning combinations.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp),
f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02;
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09;
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
177-046-0090
Validation Requirements
(1) General: Each type of Lottery game rule may specify unique or additional requirements necessary for validation for that specific game.
(2) Requirements: In general, to be a valid Lottery ticket or share:
(a) The ticket or share must not be counterfeit or a forgery in whole or in part.
(b) The Lottery must have issued the ticket or share in an authorized manner.
(c) The ticket or share must not be altered, unreadable, reconstituted, or tampered with in any manner and must meet all of the Lottery’s security requirements.
(d) The ticket or share must not appear on any list of omitted, inactive, missing, previously paid, or stolen tickets on file at the Lottery, and the Lottery’s Instant Ticket System (ITS) must accept and validate the ticket or share as a winner.
(e) The ticket or share must not be blank or partially blank, misregistered, non-scratchable, or printed or produced in error.
(f) The ticket or share is subject to all additional confidential validation tests of the Lottery including validation through the Lottery’s computer system.
(3) Proof of Play: A Lottery ticket or share is the only proof of a game play or plays and the submission of a winning ticket or share to the Lottery or an authorized retailer is the sole method of claiming a prize or prizes unless otherwise provided in OAR chapter 177. A play slip or a copy of a ticket or share has no pecuniary or prize value and does not constitute evidence of ticket or share purchase or otherwise represent an opportunity to win a prize.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0100
Ownership of Lottery Tickets and Shares
(1) Bearer Instrument: Except for a
Lottery ticket or share claimed jointly in accordance with the provisions of OAR
177-046-0110(6) of this rule, until such time as a name of an individual or individuals
is placed upon a Lottery ticket or share, the ticket or share is a bearer instrument
and is owned by the bearer of the ticket or share. When a name or names is placed
on the ticket or share, the ticket or share ceases to be a bearer instrument and
the individual whose name appears on the ticket or share is the owner of the ticket
or share. Only a natural person may own a ticket or share and claim a prize.
(2) Multiple Names: Multiple
individuals may jointly own, possess, and claim a prize as owners of a winning ticket
or share. Multiple individuals hold the ticket or share as tenants in common. Multiple
individuals may specify the percentage of ownership each person holds. Each person
must hold $1.00 of the prize at a minimum.
(3) Second Chance Drawing:
Notwithstanding sections (1) and (2) of this rule, only one natural person can claim
ownership of a non-winning ticket or share used to enter a second chance drawing.
Non-winning tickets submitted and accepted as a valid entry in a Lottery second
chance drawing cannot be jointly owned. Only the person who claims ownership may
submit the non-winning ticket as an entry to a second chance drawing and only that
person may claim the prize if the person’s entry is selected as a winning
entry in a second chance drawing.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp),
f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02;
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; 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
177-046-0110
Payment of Prizes
(1) General: All winning Lottery tickets
or shares may be presented to the Oregon State Lottery for payment. Winning tickets
or shares for prizes of $600 or less may also be presented for payment to the appropriate
Lottery retailer specified in the applicable game rule.
(2) Mailing Address: Winners
who mail a winning Lottery ticket or share to the Lottery must sign the Lottery
ticket or share, write the claimant’s mailing address on the ticket or share,
and mail it to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309. Registered
mail is recommended.
(3) Lottery Headquarters
Address: Winners who present a claim in person at the Lottery may do so by bringing
the winning Lottery ticket or share to the Oregon State Lottery Headquarters, Player
Services, 500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours.
Tickets and shares for prizes may also be presented at other locations and for such
prize amounts as designated by the Director, unless the ticket or share specifies
that it must be claimed at Lottery Headquarters in Salem, Oregon.
(4) Retailer Validation and
Payment of Prizes of $600 or Less: To determine whether a Lottery ticket or share
presented for payment entitles the holder to a prize, a retailer must validate the
claim with the Lottery by scanning the bar code or manually entering the bar code
number printed on each Lottery ticket or share into equipment provided by the Lottery,
and, if authorized by the Lottery, pay the player the prize amount due.
(a) Retailer Payment: A retailer
is authorized to pay a prize of $600 or less and shall pay that prize in cash or
check, or any combination thereof.
(b) Lottery Payment: If a
retailer’s prize payment check is dishonored, the player may seek payment
from the Lottery by presenting a copy of the dishonored check to the Oregon State
Lottery, Player Services Office, 500 Airport Road SE, Salem, Oregon 97301 during
Lottery business hours, other locations designated by the Director, or by mailing
a copy of the dishonored check with a winner claim form to the Oregon State Lottery,
P.O. Box 14515, Salem, Oregon 97309. If the Lottery determines that payment of the
prize is authorized, the retailer has not paid the prize, and it is unlikely that
the retailer will pay the prize, the Lottery may then issue a check to the player
in the amount of the prize due less any applicable tax withholding. Lottery may
require submission of the original check issued by the retailer prior to making
payment to the player.
(c) Retailer Sanction: A
retailer that pays a prize with a check that is dishonored may be subject to termination
of the Lottery Retailer Contract.
(5) Lottery Validation and
Prize Payment: Upon validation of a winning Lottery ticket or share presented to
the Lottery for payment, the Director may pay the amount of the prize to the player
less any applicable tax withholding. If the Director determines that the ticket
or share is invalid, or a non-winning ticket or share, or the claim is invalid,
the Director shall deny the claim and notify the player. An invalid ticket or share
will not be returned to the player and is not eligible for any second chance or
promotional drawing. A non-winning ticket will only be returned to the player if
the player provides return postage and a self-addressed envelope or mailing container
in which to return the ticket.
(a) Lottery Prize Payment
of $600 or Less: Payment may be made by check, cash card, or in cash, or any combination
thereof.
(A) Lottery Headquarters:
Cash prize payments made at Lottery Headquarters, or other locations designated
by the Director, are limited to $50 per person per day. Any prize payment balance
remaining above $50 shall be paid by check. Payment may be made in person or by
mail, except that the Lottery will not mail cash.
(B) Lottery Kiosk: Cash prize
payments made at a Lottery kiosk are limited to $100 per transaction. Any prize
payment balance remaining above $100 shall be paid by cash card.
(C) Prizes by Mail: A winning
ticket or share may be submitted to the Lottery by mail. If mailed, the player must
sign the ticket or share, write the player’s mailing address on the ticket
or share, and mail it to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon
97309. Registered mail is recommended.
(b) Lottery Prize Payment
of Prizes Greater than $600: A player must claim a Lottery prize of more than $600
by:
(A) Claiming in Person: Bringing
the ticket or share to the Oregon State Lottery Headquarters, Player Services Office,
500 Airport Road SE, Salem, Oregon 97301 during Lottery business hours and presenting
the ticket or share to the Lottery. Tickets and shares for prizes may also be presented
at other locations and for such prize amounts as designated by the Director, unless
the ticket or share specifies that it must be claimed at Lottery Headquarters in
Salem, Oregon; or
(B) Claiming by Mail: Signing
the ticket or share, writing the player’s mailing address on the ticket or
share, completing a winner claim form, and mailing it together with the winning
ticket or share to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309.
Registered mail is recommended. The winner claim form may be obtained from any Lottery
retailer, from a Lottery kiosk, from the Lottery Headquarters at the addresses listed
above, other locations designated by the Director, or downloaded from the Lottery’s
website.
(c) High Tier Prize Payments:
The Lottery will pay a winning ticket or share by check, or subject to OAR 177-010-0050,
may pay the prize in merchandise if the prize is merchandise.
(6) Claiming Lottery Tickets
or Shares Jointly: If more than one name appears on a Lottery ticket or share, or
if a Lottery ticket or share is owned by two or more persons, the prize must be
claimed in accordance with the following:
(a) General: All persons
claiming ownership of the winning Lottery ticket or share must complete and sign
the Lottery’s request and release form. Each of the persons signing the form
must indicate each person’s proportionate share of the prize. Each person
must receive at least $1.00. At least one of the persons claiming ownership of the
ticket or share must sign the ticket or share. That person’s signature must
also appear on the request and release form. If a winning ticket or share is mailed
to the Lottery with multiple signatures on it, the Director will mail the request
and release form to the claimants.
(b) Deceased Signatories:
A deceased signatory who dies before signing the request and release form will be
presumed to have an ownership interest equal to that of the other signatories. In
the event there is a deceased signatory, the Director may withhold payment for 60
days from the date of validation to allow co-owners the opportunity to seek a declaratory
ruling from a court.
(c) Relinquishment of Interest:
When a person who has signed a Lottery ticket or share wishes to relinquish the
person’s ownership interest in the Lottery ticket or share, that person must
sign the Lottery’s release of ownership form relinquishing the person’s
ownership interest. In no event will a person be permitted to relinquish ownership
interest once it is determined that the person owes money for child support or other
legal attachment has taken place. Once the Lottery receives the release of ownership
form, it is irrevocable.
(d) Issuance of Prize Checks
to Multiple Owners: If a validated winning Lottery ticket or share is claimed by
multiple owners who are sharing a single prize, the Director will issue to each
person claiming a share of the prize amount, a check for the portion of the prize
amount claimed by each multiple owner, the total not to exceed the total prize amount.
No cash payments will be made to multiple owners. However, the Director reserves
the right to issue a single prize check to an individual whose name appears on the
ticket or share instead of multiple prize checks to the owners of the ticket or
share if the value of each individual prize check would be less than $50 or if the
number of persons claiming a share of the prize exceeds 100 people. The Lottery
shall pay multiple winners of a Lottery prize only at the Lottery Headquarters in
Salem, or other locations and for such prize amounts as designated by the Director.
Lottery retailers are not authorized to pay multiple winners who share a single
prize.
(e) Payment to Multiple Owners
at Lottery Kiosk: Notwithstanding subsection (6)(d) of this rule, the Lottery may
pay multiple winners of a single Lottery prize at a Lottery kiosk if the total amount
of the prize is $600 or less. Payment shall be made as set forth in paragraph (5)(a)(B)
of this rule.
(f) Conflicting Information
or Discrepancies: If there is conflicting information or discrepancies between the
names on a winning Lottery ticket or share and the names on a claim form, the Lottery
may withhold prize payment until the owners resolve the conflicting information.
Discrepancies include, but are not limited to: Names or addresses scratched out
or erased, or unreadable or altered names or addresses.
(g) Investigations: At the
discretion of the Director, the Lottery may conduct an investigation to aid in the
determination of the rightful owners prior to payment of any prize.
(h) Determinations: The Director’s
decisions regarding the determination of a winning Lottery ticket or share, or the
determination of the rightful owner or owners of a prize, or of any other dispute
or matter arising from payment or awarding of prizes are final and binding on all
parties.
(7) Payment of Prizes Donated
Anonymously to Non-Profit Groups and Others:
(a) General: The Director
may pay a prize according to written anonymous instructions received with a winning
Lottery ticket or share. The recipient must be a natural person or a non-profit
group as described in Section 501(c)(3) of the Internal Revenue Code.
(b) Adult Recipient: If the
intended recipient is a natural person of majority, the Director will contact the
person and make payment to the person in accordance with the anonymous written instructions.
(c) Minor Recipient: If the
intended donation benefits a natural person who is a minor, the Director will make
payment in accordance with the Oregon Uniform Transfers to Minors Act, Oregon Revised
Statutes (ORS) 126.805 to 126.886.
(d) Non-Profit Group as Recipient:
If the intended recipient qualifies as a non-profit group as described in Section
501(c)(3) of the Internal Revenue Code, the Director will make payment only as follows:
(A) Identification of Recipient:
The Director will attempt to identify and contact the intended recipient. The intended
recipient shall designate in writing an agent, (a natural person) to act on its
behalf and to receive the prize payment on behalf of the recipient. The Director
shall confirm both the written authorization and the agent. An intended recipient
is encouraged to select a bonded agent.
(B) Appearance: The agent
shall appear in person at the Lottery Headquarters in Salem to claim the prize payment
on behalf of the intended recipient. The Director may confirm to the Director’s
satisfaction that the agent is authorized to accept the donation in the agent’s
own name on behalf of the intended recipient.
(C) Signature and Payment:
Subsequent to receipt of acceptable identification, along with a completed claim
form from the agent, and the Director’s review and approval, the agent, in
the presence of a duly authorized Lottery official, shall sign the agent’s
own name on the winning Lottery ticket or share in the place indicated on the ticket
or share and immediately return it to the Lottery. The Director shall then make
payment to the agent less any applicable tax withholding.
(D) Identification of Donor:
If the Director can reasonably identify the donor, the Director shall not make payment
as specified above, but shall instead contact the donor and notify the donor to
retrieve the Lottery ticket or share upon presenting acceptable proof of identification.
The donor may retrieve the winning ticket or share in person at the Lottery Headquarters
in Salem upon the presentation of acceptable proof of identification. The prize,
less any applicable tax withholding, will be paid to the donor upon validation of
the winning ticket or share.
(e) Win for Life Prize: If
the winning Lottery ticket received is a Win for Life top prize of $1,000 a week
for life, the prize paid will be the lump sum guaranteed five year payment under
the Win for Life game rules.
(f) Forfeiture of Unclaimed
Prize: In the event that the Director is unable to locate the intended recipient
or the anonymous donor, the winning Lottery ticket or share shall be retained until
the end of the prize claim period. After the end of the prize claim period, the
ticket or share shall constitute an unclaimed prize as described in OAR 177-010-0085
and shall be forfeited to the public purpose.
(g) Discharge of Lottery
from Liability: The State of Oregon, its agents, officers, employees, and representatives,
including but not limited to, the Oregon Lottery, its Director, agents, officers,
employees, and representatives, are discharged of all liability upon payment of
an anonymously donated prize in accordance with this rule and any applicable game
rules to the extent that they do not conflict with this rule. The Lottery is not
responsible in any way for the fulfillment or completion of the agreement between
the intended recipient and the agent. The Lottery’s decisions regarding the
determination that a Lottery ticket or share donated anonymously is, or is not,
a winning ticket or share or any question or dispute arising from the payment of
such a prize is final and binding on all parties. In the event a question or issue
arises regarding payment of a prize donated anonymously, the Director may withhold
payment until the question or issue is resolved. The Lottery, the intended recipient
or custodian, if the intended recipient is a minor, or the designated agent if the
intended recipient is a non-profit group, may petition a court of competent jurisdiction
for judicial resolution of the matter.
(8) Second Chance Drawing
Prize: Sections (6) and (7) of this rule are not applicable to a prize claim from
a second chance drawing. Prizes awarded by the Lottery from second chance drawings
must be claimed in accordance with the provisions of OAR 177-052-0060 and only the
person who submitted the winning entry in a second chance drawing may claim and
be paid the prize.
(9) Social Security Numbers:
Each United States resident who is to receive a payment of winnings greater than
$600 shall furnish to the Lottery the information required on the Internal Revenue
Service Form W-2G (or any other form required by the IRS,) including but not limited
to the winner’s name, address, and social security number. This disclosure
is mandatory and the authority for such disclosure is 42 USC 405(c)(2)(C), 26 CFR
31.3402(q)-1(e), and ORS 461.715(1)(a). A winner’s social security number
will be used for the purpose of identifying child support obligors and submitting
required documents to state and federal tax authorities.
(10) Payment Decisions: The
Director shall make the final decision on whether any prize is paid or any annual
prize payment is made. All prizes shall be paid within a reasonable time after they
are validated, unless the Director delays a prize payment. The Director may, at
any time, delay any prize payment in order to review the validity of a prize claim,
or review a change of circumstances relative to the prize awarded, the payee, or
the claim, or review any other relevant matter that may come to the Director’s
attention. Except as set forth in OAR 177-098-0060, for any prize requiring annual
payments, all payments after the first payment shall be made on the anniversary
date of the first payment in accordance with the type of prize awarded. Any delayed
annual payment will be brought up to date immediately when payment is authorized
by the Director.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp),
f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02;
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06; LOTT 18-2005, f. 12-21-05,
cert. ef. 12-31-05; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08;
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09;
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10; LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10;
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; LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
177-046-0120
Prizes Payable after Death
(1) General: A person is a deceased prize winner if that person dies after the Lottery validates a prize claim for that person but has not disbursed a prize or a portion of a prize to that person. The Director may rely on the presentment of certified copies of the court’s appointment of a personal representative or other evidence of a person entitled to the payment of prize winnings when due and may make payment to the winner’s estate once the Director is satisfied that such payment is lawful and proper.
(2) Release Form: For a deceased prize winner, the personal representative of the winner’s estate, or all the parties listed on a beneficiary designation form if one is on file, must sign the Lottery’s release form before payment of the prize or any remaining portions of the prize.
(3) Court Petition: The Director reserves the right to petition any court of competent jurisdiction to determine the proper payment of any prize winnings due to a deceased prize winner.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0130
Disclosure of Winners
(1) General: The Lottery may use the name, address, and likeness of a winner in any Lottery promotional campaign, advertisement, or press release. A winner consents to the use of the winner’s name, address, and likeness for promotional campaigns, advertising, and publicity purposes by the Lottery and Lottery retailers. A winner who receives a prize or prize payment from the Lottery grants the Lottery, its agents, officers, employees, and representatives the right to use, publish in print or by means of the Internet, and reproduce the winner’s name, address, physical likeness, photograph, portraits, statements made by the winner, and use audio sound clips and video or film footage of the winner for the purpose of promoting the Lottery and its games.
(2) Person’s Likeness: If the Lottery, its agents, officers, employees, and representatives deem it suitable for advertising, promotional or publicity use, or press use, a winner further grants the Lottery the right to use and reproduce the winner’s likeness in print either alone or in any combination with other persons. Examples of permitted uses include but are not limited to: Radio, television, newspapers, posters, billboards, commercials, magazines, print advertisements, and the Lottery web site.
(3) Release: Each winner releases the State of Oregon, its agents, officers, employees, and representatives, the Oregon Lottery, its Director, agents, officers, employees, and representatives from any liability arising out of any blurring, distortion, alteration, or use in composite form whether intentional or otherwise, that may occur, or be produced in the printing and production process towards the completion of any finished product. A winner waives any right to inspect or approve the finished products, whether it is for a promotional campaign, advertising, or publicity.
(4) Limitation: If Lottery uses the address of a winner, the address shall not contain the street or house number of the winner.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0140
Suspension of Play
(1) Suspension of Drawings: At the discretion
of the Director, any Lottery drawing may be suspended.
(2) Refund Options: If the
Director suspends a drawing after Lottery tickets or shares have been sold for that
drawing, a player may receive a refund of the player’s ticket or share price,
or a replacement Lottery ticket or share from another Lottery game, or the Director
may hold a replacement drawing at the Director’s discretion.
(3) Termination of Games:
A Lottery game may be discontinued at any time.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020,
461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp),
f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02;
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08; 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
177-046-0160
Discharge of Lottery from Liability
(1) General: The State of Oregon, its agents, officers, employees and representatives, the Lottery, its Director, agents, officers, employees, and representatives are discharged of all liability upon payment of a prize or any one installment thereof to the holder of any winning Lottery ticket or share or in accordance with the information set forth on any winning Lottery ticket or share, any claim form, including but not limited to a winner claim form, request to divide prize form, beneficiary designation form, and relinquishment of ownership interest form, supplied by the Lottery.
(2) Finality of Decision: The Director’s decision regarding payment or awarding of a prize is final and binding. In the event a question arises relative to any winning Lottery ticket or share, any claim form, the payment, or the awarding of any prize, the Lottery may deposit the prize winnings into an interest bearing escrow fund until it resolves the controversy, or it may petition a court of competent jurisdiction for instructions and a resolution of the controversy. All interest that may accrue while the prize winnings are on deposit in an interest bearing fund is and remains the property of the Lottery.
(3) Sole Remedy: In the event a dispute occurs between the Lottery and a player as to the amount of a prize, whether a Lottery ticket or share is a winner, whether it is valid, or whether it was purchased in error, the Director shall provide the player with one unplayed replacement Lottery ticket or share from any current Lottery game, and also in the Director’s discretion, may provide up to one hundred new Lottery tickets or shares from any current game. This is the player’s sole and exclusive remedy.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
177-046-0170
Governing Law
(1) General: All players or persons purchasing or possessing any Lottery ticket or share must comply with and are bound by all applicable laws, rules, and procedures and any additional terms and conditions found on the ticket or share itself. In the event of a conflict between the additional terms and conditions found on the back of a ticket or share with the Lottery’s rules, the rules control.
(2) Lottery Materials: All materials distributed by the Lottery for playing Lottery games must be used solely for playing the game described by these rules. Any use or reproduction of the materials for purposes other than those permitted by these rules may constitute a violation of the gambling laws of the State of Oregon.
(3) Director’s Decisions: All decisions of the Director regarding Lottery games are final.
Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Hist.: LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 23-2002, f. & cert. ef. 11-25-02; LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08; LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08; LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
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