N.J. Admin. Code § 17:20-2.1

Current through Register Vol. 57, No. 1, January 6, 2025
Section 17:20-2.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Act" or "law" means the State Lottery Law, P.L. 1970, c. 13 (N.J.S.A. 5:9-1et seq.) as amended and supplemented from time to time.

"Affiliate agent" means an agent licensed pursuant to this chapter with whom the courier service conducts business by contractual agreement.

"Agent" means a retailer or any applicant who has been approved by the Director to serve as a licensed lottery agent.

"Annuity" means a Lottery prize which is payable in more than one installment, and includes Lottery prizes whose installments are payable more often or less often than annually.

"Applicant" means any person or entity who shall apply to the Division for an application to become an agent or courier service.

"Application" means the process by which a person or entity applies to become an agent or courier service.

"Assignee" means a person to whom all or any portion of a Lottery prize is assigned pursuant to N.J.S.A. 5:9-13c or 5:9-13d, or who is granted a security interest in all or part of a prize pursuant to N.J.S.A. 5:9-13k.

"Assignment" means an assignment or reassignment of all or any portion of a prize pursuant to N.J.S.A. 5:9-13c or N.J.S.A. 5:9-13d or the granting of a security interest in all or part of a prize pursuant to N.J.S.A. 5:9-13k.

"Assignor" means a person who assigns all or any portion of a prize pursuant to N.J.S.A. 5:9-13c or N.J.S.A. 5:9-13d, or who grants a security interest in all or part of a prize pursuant to N.J.S.A. 5:9-13k.

"Authorized game" means any non-cancellable draw based game approved by the Director for purchase by a courier service. Authorized games are subject to change at the discretion of the Director with proper notice being given to all courier services.

"Authorized promotion" means any promotion approved by the Director.

"Authorized promotional items" refers to promotional items whose manufacture and distribution have been authorized by the Director.

"Bank" means any banking or financial institution where agents, including affiliate agents and courier services, keep their required accounts.

"Candidate" means any person seeking employment with the Division of State Lottery.

"Claim" means a process for submitting a ticket for prize payment subject to applicable Lottery validation and claims processing procedures.

"Claim center" means a machine agent who has been licensed under the Act to validate and redeem winning tickets at the licensed location.

"Claimant" means any person who makes a claim for a lottery prize but has not yet been determined a winner.

"Commission" means the State Lottery Commission established by N.J.S.A. 5:9-1et seq.

"Courier customer" means a natural person who holds an account with a courier service and who requests purchase and delivery of one or more authorized game ticket(s) through the courier network.

"Courier customer account" means an account established by a courier customer with a registered courier service. A courier customer account is used for the deposit and withdrawal of funds used for the purchase of tickets.

"Courier internet site" means the website of a courier service.

"Courier mobile application" means the mobile application of a courier service.

"Courier quick pick process" or "courier quick pick" means all activity conducted via the courier service website or mobile application where the outcome of the courier customer's purchase is determined by a random number generator (RNG).

"Courier service" means a person or business entity registered with the Division to purchase authorized game tickets on behalf of individuals within the State of New Jersey and deliver those tickets, by approved means, to those individuals in the State as a for-profit service.

"Courier Service Act" means P.L. 2017, c. 11, an act concerning lottery courier services and supplementing P.L. 1970, c. 13.

"Courier service locations" means individually and collectively, the physical facilities owned or leased by a courier service or its affiliates from which the courier or its affiliates provides any services.

"Courier service system" means all hardware, software, and communications that enable courier customers within the State to request the courier service to purchase tickets on the courier customer's behalf and to receive delivery of a facsimile and other electronic confirmation of the tickets and the entire courier service's information technology infrastructure including, but not limited to, hardware, software, third party vendors, third party modules, financial systems, and all other components connected to the courier service network including the courier service's website and mobile application.

"Courier service ticket processing" means the courier service's process of:

(1) accepting a request to purchase authorized game tickets;
(2) generating the tickets to complete the courier customer's purchase request through a dedicated terminal of the affiliate agent;
(3) scanning the front and back of the tickets to create a legible image thereof;
(4) matching the tickets to the courier customer's purchase request and verifying the accuracy of the purchase; and
(5) providing the courier customer with a purchase confirmation and an image of the front and back of the tickets purchased.

"Data warehouse" means a system of one or more servers located in the United States for the purpose of storing transactions received from the courier service website.

"Dedicated terminal" means the terminal of an affiliate agent that is used exclusively to produce authorized game tickets for customers of a courier service.

"Director" means the Executive Director of the Division of the State Lottery.

"Distribution network" means all courier services, armored car services, and all other entities engaged by the Division to handle the distribution and pick-up of Lottery tickets, settlement forms and other lottery materials.

"Division" means the Division of the State Lottery.

"Division of Risk Management" is a division within the New Jersey Department of the Treasury.

"Dormant courier customer account" means a courier customer account that has no courier customer activity for a period of thirteen months.

"Draw based game" means a game whose tickets are generated from the gaming system; the winning numbers are randomly drawn by mechanical or electronic means, and does not have a pre-determined outcome.

"Gaming system" means the infrastructure necessary to produce a point of sale terminal generated ticket. This infrastructure includes the central ticket purchasing system, the point of sale ticket terminal, and the network connectivity between the central system and point of sale terminals.

"Installment" means any payment made pursuant to the schedule established at the time the prize was claimed.

"Instant-only agent" means a person who has been licensed under the Act to sell tickets manually. When "person" is a corporation, the term includes officers, directors, and shareholders (holding greater than a 10 percent interest thereof).

When "person" is a limited liability company, the term includes any person holding greater than a 10 percent interest therein.

"Key personnel-agent" means and includes any person managing the following: operation of a ticket sales terminal; the sale, validation, or redemption of tickets; preparing settlements; making bank deposits; or in any other manner handling lottery transactions. It also includes any person managing, or otherwise in charge of, a licensed business in the absence of the owner.

"Key personnel-courier service" means the owners, operators, officers, directors, managers, supervisors, individuals owning 10 percent or more of company stock, contractors, subcontractors, and agents of the courier service who perform any services for a courier service.

"Lottery" or "State Lottery" means the lottery established and operated pursuant to the Act.

"Machine agent" means a person who has been licensed under the Act to sell tickets and in addition has been authorized by the Director to sell certain tickets through the Lottery's designated gaming system(s), terminals, and other authorized equipment. When "person" is a corporation, the term includes officers, directors, and shareholders (holding greater than a 10 percent interest thereof). When "person" is a limited liability company, the term includes any person holding greater than a 10 percent interest therein.

"Multi-draw ticket" means a lottery game feature that allows a lottery player to select plays for multiple consecutive drawings on one ticket starting with the next scheduled drawing.

"NJDGE" means the New Jersey Division of Gaming Enforcement within the Department of Law and Public Safety.

"Non-cancellable game" means a lottery game in which the official rules of that game state that tickets cannot be canceled once the transaction occurs on the gaming system.

"Partial assignment" means any assignment of less than all the installments or less than any individual installment.

"Person" shall be construed to mean and include an individual, association, corporation, limited liability company, club, trust, estate, society, company, joint stock company, limited partnership, partnership, receiver, trustee, assignee, referee, or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any other combination of individuals. "Person" shall also be construed to mean and include all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof.

"Personal information" shall mean the courier customer's information used to create a courier customer account including, but not limited to, name, address, phone number, date of birth, last four digits of Social Security number, driver's license number, financial information, such as credit card or banking information, and any similar identifying information. For foreign courier customers, a Social Security number can be substituted by a passport number, taxpayer identification number, or other identification number from a governmental entity. A courier customer may provide the full Social Security number, or the equivalent for a foreign courier customer, if it is voluntarily provided.

"Play slip" or "bet slip" means a machine-readable paper form used by players to choose their lottery numbers. A retailer can insert the play slip into a reader and the lottery terminal will generate a ticket for a draw game. The Director may authorize other means to convey numbers requested by a lottery player to generate tickets from a lottery terminal.

"Promotion" means stimulation of sales through contests, demonstrations, discounts, exhibitions or trade shows, games, giveaways, point-of-sale displays and merchandising, special offers, and other similar activities.

"Promotional items" means items bearing one or more of the Lottery's distinctive marks, other than tickets, brochures, or displays.

"Registration" shall mean the Division's action approving a courier services applicant (or applicant for renewal of courier service registration) to operate for one year as a registered courier service within the meaning of the Courier Services Act and this chapter.

"Second chance drawing" means a feature whereby winning and/or non-winning tickets provide an additional opportunity to win prizes other than those in the specific game presented on the ticket.

"Secure transaction file" means a file that contains data, which is unalterable or cannot be modified without detection.

"Strong authentication" means an effective method of providing higher security than a user name and password alone.

"Suspended account" means a courier customer account that has been temporarily disabled from engaging in purchasing activity.

"Ticket" means a ticket for a New Jersey State Lottery game issued by the State Lottery for sale to the general public.

"Ticket storage" means the electronic and physical storage of tickets.

"Validation" means successful authorization of a winning ticket pursuant to game rules and subject to claim processing procedures.

"Winner" means a claimant who has demonstrated to the Director's satisfaction that the claim has successfully complied with all the rules of a lottery game so as to be eligible for the prize set forth in the rules of said game.

N.J. Admin. Code § 17:20-2.1

Amended by 50 N.J.R. 1826(b), effective 8/6/2018
Amended by 56 N.J.R. 1728(a), effective 8/19/2024