961 Mass. Reg. 2.39

Current through Register 1521, May 10, 2024
Section 2.39 - Ownership of Lottery Tickets

Until such time as a name is imprinted or placed upon the portion of the Lottery ticket so designated for such purpose, a Lottery ticket shall be considered in bearer form and there by owned by the person in physical possession of said ticket, provided that said ticket was not previously submitted as a valid Mobile Claim. The Commission need not recognize or give credence to any claims that a winning Lottery ticket was stolen if in bearer form. The Commission need only recognize as the true owner of a winning Lottery ticket the person who first duly submits such winning Lottery ticket either at a Claims Center or through a valid Mobile Claim and whose signature appears upon the ticket in the area designated for said purpose or, for a Mobile Claim, whose digital signature is validly submitted in accordance with the Mobile Claim Process. The Commission requires that each winning ticket, with exception for Mobile Claims, have placed thereon in the area designated for such purpose the name, address, telephone number and signature of the owner. If the owner is a minor, or a person under a disability, then the minor's name or disabled person's name should appear on the ticket with the signature of the person claiming the prize in behalf of the minor or disabled person and his or her telephone number if the owner's number is not available or nonexistent. The Commission shall make payment in complete reliance on the information submitted to it through the Mobile Claim Process, or if and only if no valid Mobile Claim has been submitted, in complete reliance on the claim form and winning ticket. In the event there is an inconsistency in the information submitted in a Mobile Claim Process, on a claim form and/or as shown on the winning ticket, the Director shall make an investigation and withhold all winnings awarded to the ticket owner until such time as he or she is satisfied that the winnings are paid to the proper person. Regardless of any other provisions herein contained, the Commission may rely on the name of the owner, his or her address and other information contained in the Mobile Claim, or if no valid Mobile Claim is filed, on the claim form, although apparently inconsistent with the ticket, and pay all winnings to said ticket owner or his or her proper representative according to law and 961 CMR 2.00 without further responsibility and liability. The Commission for its purposes will recognize only one person as owner of a ticket. The Commission will make payment to only one person per prize won, regardless of the number of persons claiming ownership of the prize winning ticket. Payment of said prize to the person designated as agent for collection shall discharge the Director from all liability resulting therefrom.

No payment will be made on a winning ticket, unless all information required by the Mobile Claim Process is submitted and valid, all spaces provided on both the claim form and winning ticket are filled in with the requested information, or an acknowledgment is submitted attesting that said information is unknown or unavailable. There is no obligation or duty of the Commission, its personnel or representatives to look beyond the payment to the owner as his or her name appears on the Mobile Claim, or if no valid Mobile Claim has been submitted, on the claim form. If a trust is used as a payee of the winnings, or if a legal entity is the owner or payee, the Federal employee taxpayer's number must be placed on the claim form.

961 CMR 2.39

Amended by Mass Register Issue 1317, eff. 7/15/2016.
Amended by Mass Register Issue 1396, eff. 5/2/2019.
Amended by Mass Register Issue 1416, eff. 4/17/2020.
Amended by Mass Register Issue 1421, eff. 4/17/2020.
Amended by Mass Register Issue 1443, eff. 4/21/2021.
Amended by Mass Register Issue 1446, eff. 6/11/2021.
Amended by Mass Register Issue 1447, eff. 4/21/2021.
Amended by Mass Register Issue 1475, eff. 7/18/2022 (EMERGENCY).
Amended by Mass Register Issue 1480, eff. 7/18/2022 (COMPLIANCE).
Amended by Mass Register Issue 1487, eff. 1/3/2023 (EMERGENCY).
Amended by Mass Register Issue 1492, eff. 1/3/2023 (COMPLIANCE).
Amended by Mass Register Issue 1509, eff. 11/7/2023 (EMERGENCY).
Amended by Mass Register Issue 1514, eff. 11/7/2023.