Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-1-2 - Definitions2.1. "Act" or "State Act" means the State Lottery Act, West Virginia Code § 29-22-1et seq.2.2. "Agency" and "Lottery" mean the State Lottery, its Director and the State Lottery Commission and its Commissioners which operate and administer the West Virginia State Lottery, pursuant to authority granted under the Act.2.3. "Bank" means and includes all commercial banks, mutual savings banks, savings and loan associations, credit unions, trust companies, and any other type or form of banking institution organized under the authority of the State of West Virginia or the United States of America whose principal place of business is within the State of West Virginia and which is designated to perform banking institution functions, activities, or service in connection with the operations of the Lottery for the deposit and handling of lottery funds, the accounting of the funds and the safekeeping of records.2.4. "Bar code validation" means a system which allows any winning lottery ticket, printed with computer readable bar codes to be read electronically.2.5. "Bonus-Incentive Plan" means one or more incentive plans the Commission may develop as additional compensation for the agents and retailers. The bonuses and incentives combined may not exceed one percent (1%) of annual gross sales from lotteries authorized pursuant to W.Va. Code § 29-22-1et seq.2.6. "Certification" means a multi-state lottery association declaration of the number of winners and authorization of the payment of prizes for the PowerBall game and winners of any other game offered through a multi-state lottery association of which the West Virginia Lottery is a member.2.7. "Certified Drawing" means a number selection event about which the Lottery and an independent certified public accountant attest that the drawing equipment functioned properly and that a random selection of a winning combination occurred.2.8. "Commission" or "State Lottery Commission" means the State Lottery Commission created by the State Lottery Act.2.9. "Depository" means any person, including a bank or state agency, or lottery Vendor of Record performing activities or services in connection with the operation of the Lottery for the deposit and handling of lottery funds, the accounting for lottery funds, and the safekeeping of lottery tickets or record of play.2.10. "Director" means the individual appointed by the Governor to provide management and administration necessary to direct the Lottery office or any other person to whom the Director's authority is lawfully delegated.2.11. "Dormant account" means an iLottery account, which has had no patron initiated activity for a period of sixteen (16) months.2.12. "Drawing" means the procedure determined by the Director by which the Lottery selects the winning combination in accordance with the game rules of the particular lottery game.2.13. "Draw Game" means a lottery game in which a player pays a fee to a lottery agent and selects a combination of digits, numbers, or symbols, the type and amount of play, and the drawing date, and receives a computer-generated lottery ticket with those selections recorded for a drawing.2.14. "Employee of the Agency" means a person who is an employee of the agency and the commission unless the context clearly indicates otherwise.2.15. "Game" means any individual or particular type of lottery authorized by the agency.2.16. "iLottery" and/or "interactive Lottery" means a system that provides for the distribution of lottery products through numerous channels that include, but are not limited to, web applications, mobile applications, mobile web, tablets and social media platforms that allow a registered iLottery player to interface through a portal for the purpose of obtaining lottery products and ancillary services, such as account management, game purchase, game play and prize redemption.2.17. "Instant Game" means a game in which a lottery ticket is purchased and upon removal of a latex covering on the front of the lottery ticket or the opening of the sealed lottery ticket, the ticket bearer determines his or her winnings, if any, which are payable upon presentation to a lottery retailer or to the Lottery for payment.2.18. "Lottery Game" means the public gaming system or games established and operated by the Lottery office.2.19. "Lottery Retailer" and/or "Sales Agent" means any person or third party, not including Special Licensed Retailers, licensed by the Commission to sell and dispense lottery tickets and materials or lottery games, and to operate electronic terminals and lottery games for sales and dispensing, unless otherwise authorized.2.20. "Lottery Ticket" or "Tickets" means a printed card or slip, formally known as a ticket, or other tangible evidence of participation used in any lottery game or gaming system, including but not limited to iLottery, instant and draw games.2.21. "Multi-factor authentication" means a type of strong authentication that uses two of the following to verify a patron's identity: 2.21.1. Information known only to the patron, such as a password, pattern, or answers to challenge questions; or2.21.2. An item possessed by a patron such as an electronic token, physical token or an identification card; or2.21.3. A patrons biometric data, such as fingerprints, facial or voice recognition.2.22. "Person" means a human being, association, corporation, club, trust, estate, society, governmental entity, company, joint stock company, receiver, trustee, assignee, referee, and anyone acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of human beings.2.23. "Personally identifiable information" or "PII" means any data that could potentially be used to identify a particular person. Examples include, but are not limited to, a full name, Social Security Number, driver's license number, birth date, age, bank account number, credit card number, debit card number, and email address. Generally two or more of these can identify a specific person depending on the uniqueness of the identifiers within a specific geographic area.2.24. "Play Numbers" means the numbers or symbols appearing in the designated areas as under the removable covering on the front of the ticket.2.25. "Prize" means any award, financial or otherwise, awarded by the Commission.2.26. "Provisional License" means a license issued by the Commission which temporarily authorizes a person to act as a lottery retailer or lottery sales agent pending processing of the annual license or renewal.2.27. "Special Licensed Retailer" means any person or third party, not including a Lottery Sales Agent or Lottery Retailer, licensed by and contracting with the commission to provide iLottery gaming systems pursuant to W. Va. Code § 29-22-9(c), § 29-22-10.2.28. "Ticket Bearer" means the person who has signed the lottery ticket, has possession of the unsigned lottery ticket, or has been registered to own the lottery ticket.2.29. "Ticket Number" means a unique series of numbers, or a serial number which identifies that particular lottery ticket as a unique, authorized, and recorded ticket of a game.2.30. "Ticket Stock Number" means the printed number or numbers appearing on the back of, or associated with, each lottery ticket.2.31. "Unclaimed Prize" means the prize on a winning lottery ticket for which no claim is made within 180 days after the drawing or winner selection event which made the lottery ticket a winning ticket or 180 days after the announced end of an instant game.2.32. "Unclaimed Prize Account" means the West Virginia Lottery account to which all unclaimed prizes are transferred after the 180 day period specified in subsection 2.31 of this rule.2.33. "Validation" means the process of determining whether a lottery ticket presented for payment is a winning lottery ticket.2.34. "Validation Number" means the multi-digit number associated with, or found on the face of the lottery ticket. There must be a validation number associated with each lottery ticket.2.35. "Vendor of Record" means a third party who contracts with the lottery, directly or indirectly, to carry out or perform lottery activities provided for therein.2.36. "Winner of an instant game" means the holder of an instant lottery ticket determined to have the required match or the specific alignment of the play numbers, digits or symbols or the required sum of the play numbers or digits in accordance with the game rules for the specific game.2.37. "Winner selection" means the drawing process, physically or programmatically used by the West Virginia State Lottery Commission to select the winning numbers in draw games with the drawing results presented to the public by the Lottery Commission.2.39. "Winning Combination" means numbers or symbols chosen during the drawing process used by the West Virginia State Lottery Commission to select the winning numbers in draw games with the drawing results presented to the public by the Lottery Commission.