961 CMR, § 2.38

Current through Register 1536, December 6, 2024

Section 2.38 - Procedure for Claiming Prizes

(1)Place of Claims. All cash prizes must be claimed through a Sales Agent, a duly authorized Claims Center or Office, or at the sole discretion of the Director, through the Mobile Claim Process.

(2) To be eligible for a prize, the prize winner must submit an original winning ticket prior to the expiration of the claim period. At the sole discretion of the Director, a prize winner may be allowed to become eligible for a prize by submitting winning ticket information, in lieu of an original winning ticket, using the Mobile Claim Process prior to the expiration of the claim period. On-line tickets must be claimed within one year of the drawing date. Instant tickets must be claimed within one year of the end of the particular game. For prizes less than $600.00, a claim is valid only when the original winning ticket has been presented for payment and validated by the Lottery's computer gaming system at a sales agent, claim center, or Lottery office. For prizes of $600.00 or greater, but less than $103,000.01, a claim is valid only when the original winning ticket has been presented for payment, a claim form has been properly completed, and the ticket has been validated by the Lottery's computer gaming system and verified by Lottery internal validation requirements at a Lottery office or duly authorized claim center. For prizes of $103,000.01 or greater, a claim is valid only when the original winning ticket has been presented for payment, a claim form has been properly completed, and the ticket has been validated by the Lottery's computer gaming system and verified by Lottery internal validation requirements at the office of the Director. Notwithstanding any other provision in 961 CMR 2.00, the Lottery may allow some Lottery Online and/or Digital Property users to file Mobile Claims of eligible Lottery tickets, and transfer awarded prize winnings to a bank account pursuant to the Mobile Claim Process and such other terms and conditions as the Director may set or find desirable in his or her discretion. The Lottery may require certain claims for prizes of any amount be claimed at the office of the Director. Tickets or Mobile Claims submitted for payment subsequent to the claim period defined above are void. The Lottery may require certain claims for prizes of any amount be claimed at the office of the Director. Tickets or Mobile Claims submitted for payment subsequent to the claim period defined above are void.

(3)Claim Forms. Each prize ticket owner, other than those paid in cash, or his or her representative is required to complete the claim form which is available free of charge at each Sales Agent or Lottery office and sign the winning ticket. If the prize ticket owner is a minor or other person(s) unable to complete the claim form, then said minor or person shall have his or her guardian, conservator, parent, adult member of his or her household, or his or her next friend or other proper representative complete the claim form in his or her stead. If the Director determines that the person who completed the claim form in behalf of an owner is not the proper person to claim the prize in behalf of the owner, the Director may demand a new claim form completed by a person who is acceptable to the Director as the proper person so to claim the true owner's prize. The claim form incorporates by reference the following provisions:

(a) Verification that the prize ticket owner is not a person disqualified by law or by 961 CMR 2.00 to claim or otherwise accept a prize from the Lottery;

(b) The prize ticket owner grants to the Commission the right to use his or her name, address, and photograph to publicize his or her winnings. This same right is granted to the Commission by one signing in behalf of a minor or other ticket owner under a disability which prevents him or her from signing in his or her own behalf;

(c) Indemnification of the Commission for any loss occasioned by an untruth or misrepresentation by the ticket owner or the person claiming the prize in his or her behalf;

(d) All information requested by the Commission which may include, but not be limited to, the prize ticket owner's (and any person signing in his or her behalf) name, address, and social security number or taxpayer's identification number.

The claim form may contain any other provision which the Director may, from time to time, deem necessary and proper to protect the Commission and the public welfare. Each claim form must have attached thereto the original Lottery ticket.

Notwithstanding any of the foregoing, the Lottery may allow some users to submit a Mobile Claim using the Mobile Claim Process in lieu of submitting a claim form. Each Mobile Claim incorporates by reference the following provisions:

(e) Verification that the prize ticket owner is not a person disqualified by law or by 961 CMR 2.00 to claim or otherwise accept a prize from the Lottery;

(f) The prize ticket owner grants to the Commission the right to use his or her name, address, and photograph to publicize his or her winnings.

(g) Indemnification of the Commission for any loss occasioned by an untruth or misrepresentation by the ticket owner or the person claiming the prize in his or her behalf;

(h) All information requested by the Commission which may include, but not be limited to, the prize ticket owner's name, address, and social security number or taxpayer's identification number.

The Mobile Claim Process may incorporate any other provision which the Director, may from time to time, deem necessary and proper to protect the Commission and the public welfare.

(4)List of Winning Tickets. Lottery offices and Sales Agents will be provided with a sufficient number of lists containing certain winning Lottery numbers for the prior 52 weeks which will be available to the public view at each location transacting Lottery business.

(5)Lottery Payment Verification.

(a) For Mobile Claims, the Lottery must be assured that the ticket is a winner and the Mobile Claim Process and such other terms as determined by the Director have been complied with and completed prior to the ticket's expiration date. Upon validation and verification, the Lottery may provide a single or a variety of payment methods for the claimant to select from in order to receive winnings.

(b) For all other claims, the Sales Agent or claim center reviews the claim form and the ticket and must be assured that the ticket is a winner, that the back of the ticket and the claim form are properly filled out and signed by the claimant, and that the ticket has been presented for payment in accordance with 961 CMR 2.38(2) prior to the expiration date. Upon validation and verification, the prize money will be forwarded and/or provided to the claimant in check form except that the winner of the prize of $103,000.01 or greater must present himself or herself in person at the office of the Director to receive his or her prize, unless he or she is physically or mentally incapable of so doing.

(6) All claims are subject to the M.G.L. c. 10, §§ 22 through 35 and 36, 961 CMR 2.00, and Lottery verification procedures which includes, but may not be limited to, any or all claim procedures required by any multi-state agreements to which the Lottery is subject. If the claim is invalidated, the claim is denied and the Director will promptly notify the claimant. The claimant, if aggrieved, shall have a right pursuant to M.G.L. c. 30A to appeal the decision to the Commission. Any such appeal shall be in writing and made within 30 days of the giving of Notice of the Director's determination.

(7) In accordance with M.G.L. c. 30A, § 11(7), if less than a majority of the Commissioners of the Massachusetts State Lottery Commission are present at a hearing, no party shall be entitled to a tentative or proposed decision, unless such party makes written request in advance for such tentative or proposed decision.

(8) If a claimant is aggrieved by the Director's denial of his or her claim for a prize, he or she may request an informal hearing with the Director to discuss his or her grievances and a reconsideration of his or her claim by the Director. If the Director concludes that there is a meritorious basis for the claimant's complaint, he or she may revise his or her prior decision or refer the matter to the Commission for its determination.

(9) The Director may establish procedures other than those specified in 961 CMR 2.00 forclaiming and paying prizes of less than $601.00. Such procedures shall be set forth in Administrative Bulletins issued by the Director.

(10) In the event a claim is based on a ticket which is incomplete or nonconforming or in anyway defective, invalid or void as determined by the Director, the limit of the Commission's liability shall be, at its option, the price of the ticket or replacement thereof.

(11) If a prize won is an opportunity to participate in a televised drawing, said opportunity shall be personal to the owner or holder of any ticket winning such prize and, except as authorized by the Director in writing, no person other than said owner or holder shall be entitled to participate in said televised drawing.

(12)COVID-19 State of Emergency. Notwithstanding any other provision in 961 CMR 2.00, with respect to on-line tickets and instant tickets that have a claim expiration date on or after March 19, 2020, the expiration date for such on-line tickets and instant tickets shall be June 30, 2020, or later dates as set forth in Administrative Bulletins issued by the Director, and such claims may be presented to the office of the Director. For purposes of 961 CMR 2.38(12), on-line tickets include tickets for all draw games and monitor games.