Stat. Auth.:ORS461 & Or Const. Art. Xv, Sec. 4(4) Stats. Implemented:ORS461.220, 461.230 & 461.250 Hist.: Lott 5-2011(Temp), F. & Cert. Ef. 9-2-11 Thru 1-29-12; Lott 7-2011, F. 11-21-11, Cert. Ef. 12-1-11; ...

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_177/177_052.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON STATE LOTTERY




 

DIVISION 52
OREGON STATE
LOTTERY SECOND CHANCE DRAWINGS
177-052-0000
Purpose
The purpose of this division of OAR
chapter 177 is to authorize and set forth the provisions for second chance drawings
that the Oregon State Lottery, or a drawing agent, may conduct from time to time.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0010
Definitions
(1) “Active Scratch-itSM game” means a Lottery Scratch-itSM game that has not officially
ended as set forth in OAR 177-050-0100.
(2) “Entry Requirements”
means the instructions that specify how to enter a second chance drawing.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0020
Eligibility
(1) Requirements: To be eligible to
win a prize in a second chance drawing, a person must meet the following eligibility
requirements:
(a) Be a natural person 18
years of age or older;
(b) Must reside in the United
States;
(c) Must be a registered
member on a Lottery designated website;
(d) Must submit a valid entry
with the required information, through whichever method for entry the Lottery requires
for the particular second chance drawing and by the deadline specified by the Lottery;
and
(e) 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 a second chance
drawing or is prohibited from playing Lottery games.
(2) Person Ineligible: If
at any time the Lottery determines that a person who submitted a second chance drawing
entry does not meet the requirements listed in section (1) of this rule, that person
is disqualified and is ineligible for a prize. If the Lottery determines that a
person who is disqualified is the winner of a second chance drawing prize, the prize
will not be awarded to the winner and becomes an unclaimed prize and is the property
of the Lottery Commission to be allocated to the benefit of the public purpose.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0030
Entry Requirements
(1) Method of Entry: The Lottery will
determine the method of entry for any second chance drawing, which may include,
but is not limited to, electronic entry through a website, mail, or walk-in entries.
(2) Electronic Entry: To
submit a valid electronic entry, a person must:
(a) Register as a member
on a Lottery designated website. A person may only have one active membership at
a time;
(b) Enter the Game ID number,
the box code, and the ticket code from the Lottery game ticket that is eligible
for the particular second chance drawing;
(c) Provide any additional
information as required by the Lottery; and
(d) Submit the electronic
entry prior to the deadline for submission of entries for the second chance drawing
as announced by the Lottery.
(3) Confirmation of Entry:
Each ticket and drawing entry must be validated through the website, and will be
considered entered into the drawing once the player receives confirmation of the
entry.
(4) Ticket Requirements:
Only one Lottery game ticket or share may be used for each entry. If the second
chance drawing specifies use of a Scratch-itSM ticket for entry into
the drawing, only a Lottery Scratch-itSM game ticket from an active Scratch-itSM game, as specified by the Lottery, is eligible for entry into the second chance
drawing.
(5) Single Entrant: Only
one person per entry may submit an entry for a second chance drawing. An entry with
more than one name on the entry form is invalid.
(6) Other Entry Requirements:
The Lottery may establish additional terms and conditions and entry requirements
for any second chance drawing. These additional terms and conditions and entry requirements
will be posted on a Lottery website or as otherwise announced by the Lottery.
(7) Invalid Entry: Failure
to follow any of the terms and conditions or entry requirements of a second chance
drawing will invalidate the entry. An invalid entry is void and is not eligible
for a second chance drawing prize. Invalid entries will not be returned to the entrant.
If the Lottery determines the winning entry is invalid, the prize shall be treated
as an unclaimed prize and is the property of the Lottery Commission to be allocated
to the benefit of the public purpose.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0040
Odds of Winning
General: The odds of winning a Lottery
second chance drawing depend on the total number of entries received.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0050
Selection
of Winners
(1) When Drawing Held: A Lottery second
chance drawing will be held at such date, time, place, and in such manner as is
determined by the Lottery and will be conducted only after the deadline for submitting
entries has closed, as announced by the Lottery.
(2) Random Drawing: During
the drawing for each available prize in a second chance drawing, the Lottery, or
a drawing agent, will randomly select a winning entry from all the entries submitted
for that drawing.
(3) Selection of Entry: To
select a winning entry, the Lottery, or a drawing agent, may conduct a manual or
electronic drawing, or may use any other selection procedure as determined by the
Lottery Director that ensures a random selection of a winning entry.
(4) Suspension or Cancellation
of Drawing: At the discretion of the Lottery Director, a second chance drawing may
be suspended. If the Director suspends a drawing the Director may hold a replacement
drawing or cancel the drawing. If the second chance drawing is canceled, the Lottery,
in its sole discretion, may provide an entrant who entered the drawing with a coupon
for a Lottery product, or a promotional reward, the value of which shall be solely
determined by the Lottery. This is an entrant’s sole and exclusive remedy.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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
177-052-0060
Winner Notification and
Claiming of Prizes
(1) Second Chance Prize Notification:
If the entry is valid, the Lottery will notify the person who submitted the winning
entry (“the winner”) in a second chance drawing by e-mail. The Lottery
may also notify the winner by telephone or by mailing a certified letter through
the U.S. Postal Service. The effective date of notification is the date the initial
e-mail notification is sent by the Lottery as noted electronically within the Lottery’s
information processing system.
(2) Time Limits for Claiming
Prize: A winner of a second chance drawing has 60 calendar days from the date of
the e-mail notification in which to claim the prize. A prize must be claimed by
5:00 p.m. on the last date to claim a prize and if not claimed by that date is an
unclaimed prize. If the final date of the claim period falls on a day when the Oregon
Lottery Headquarters is not open to the general public, such as a weekend, Lottery
holiday, or furlough closure day, the claim period shall be extended until 5:00
p.m. on the next day the Oregon Lottery Headquarters is open to the general public.
(3) Forfeiture of Prize:
If the winner of a second chance drawing is determined by the Lottery to be ineligible,
the entry is invalid, or the winner fails to claim the prize within 60 calendar
days as provided in section (2) of this rule, the prize is treated as an unclaimed
prize and the winner forfeits the prize.
(4) Winner Claim Forms: To
claim a prize in a second chance drawing, the winner must submit a winner claim
form to the Lottery. To be valid, the winner claim form must contain the required
information, such as name, address, signature or identifying mark, social security
number (if applicable), and a valid reference number. Only the person who submitted
the entry may claim the prize (the winner). A second chance drawing prize may not
be claimed by multiple owners. A valid winner claim form must be received by the
Lottery within the applicable time period for claiming a prize. An invalid winner
claim form will not be accepted by the Lottery and will be returned to the claimant.
The winner may resubmit a valid claim form as long as the time for claiming the
prize has not expired.
(a) Electronic Claim Form:
The Lottery may require that the winner submit an electronic winner claim form through
the Internet. The electronic winner claim form is received by the Lottery when the
form enters the Lottery’s information processing system in a retrievable form.
The electronic winner claim form will be deemed received at the time and date noted
electronically by the Lottery’s information processing system. An electronic
winner claim form must include the winner’s electronic signature that meets
the requirements specified by the Lottery on the instructions for the winner claim
form.
(b) Paper Claim Form: Unless
specified otherwise, the Lottery may permit a winner to submit a paper winner claim
form. The paper winner claim form is deemed received by fax to (503) 540-1001 or
upon physical delivery to the Oregon State Lottery, Player Services Office, 500
Airport Road SE, Salem, Oregon 97301, or other locations and for such prize amounts
as designated by the Director, either in person, or by delivery service, or through
the U.S. mail to the Oregon State Lottery, P.O. Box 14515, Salem, Oregon 97309.
The winner claim form must be received by the Lottery during the Lottery's business
hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. PST, excluding holidays and
furlough closure days.
(5) Verification of Identity:
The Lottery may require the winner to present valid proof of identity to confirm
that the winner is the registered member who submitted the second chance drawing
entry. If the Lottery is unable to confirm the person claiming the prize is the
registered member, the person is ineligible to receive a prize.
(6) Delivery of Prize: The
Lottery may require the winner of a second chance drawing prize to claim the winner’s
prize at the Oregon State Lottery Headquarters, 500 Airport Road SE, Salem, Oregon
97301, or the Lottery may mail or otherwise deliver the prize to the winner’s
address if it is within the United States.
(7) Taxes and Fees: Unless
otherwise stated by the Lottery in the terms and conditions for a particular second
chance drawing, all taxes and fees are the responsibility of the winner claiming
the prize.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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; LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
177-052-0070
Governing
Law
(1) Compliance with Law and Terms and
Conditions: By entering a Lottery second chance drawing, a person agrees to abide
by and comply with Oregon law, including the statutes and administrative rules governing
Lottery second chance drawings, and any additional terms and conditions and entry
requirements for a second chance drawing as posted by the Lottery, which are in
effect, and which may be amended from time to time.
(2) Decisions of the Director:
The decisions of the Lottery Director, including, but not limited to, the amount
or nature of a prize, the validity of an entry, whether an entry is a winner, whether
it was submitted in error, and whether an entrant has won a prize, are final.
Stat. Auth.: ORS 461 & OR Const.
Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220,
461.230 & 461.250
Hist.: LOTT 5-2011(Temp),
f. & cert. ef. 9-2-11 thru 1-29-12; LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11;
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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