Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-1-6 - Draw games6.1. The Director may select, operate and contract for the operation of draw games which meet the criteria generally set forth in this subsection. 6.1.a. The base price of a draw game lottery ticket shall not be less than fifty cents (.50).6.1.b. The manner and frequency of drawings may vary with the type of draw games.6.1.c. The times, locations, and drawing procedures shall be determined by the Director.6.1.d. A ticket bearer entitled to a prize shall submit the winning lottery ticket as specified by the Director. The winning lottery ticket shall be validated by the Lottery's administrative staff or by a licensed lottery sales agent through use of the validation number and any other means as specified by the Director.6.1.e. At the Director's discretion, a draw game may include a prize drawing or drawings as well as other methods of awarding the moneys accumulated in the unclaimed prize fund which will also stimulate the broad variety of games offered by the West Virginia Lottery. The Director shall follow Commission procedure for the payment of additional prizes from the unclaimed prize fund within the game rules structure.6.1.f. Procedures for claiming draw game prizes are as follows:6.1.f.1. To claim a draw game prize of six hundred dollars ($600.00) or less within one hundred eighty (180) days of the drawing, the claimant shall present the winning draw game lottery ticket to any lottery sales agent or to the Lottery. 6.1.f.1.A. If the claim is presented to a licensed lottery sales agent, the licensed lottery sales agent shall validate the claim. If the lottery ticket is determined to be a winning lottery ticket, the licensed lottery sales agent shall make payment of the amount due the claimant. If the licensed lottery sales agent cannot validate the claim, the claimant may obtain and complete a claim form and submit it with the disputed lottery ticket to the Lottery by mail or in person. Upon determination that the lottery ticket is a winning lottery ticket, the Lottery shall present or mail a check, initiate an EFT and/or an ACH payment, or credit an established iLottery account to the claimant for the amount due. If the lottery ticket is determined to be a nonwinning ticket, the claim shall be denied and the claimant shall be promptly notified. Nonwinning lottery tickets shall not be returned to the claimant.6.1.f.1.B. If the claim is presented to the Lottery, the claimant shall complete a claim form, as provided by the Director, and submit it with the winning lottery ticket to the Lottery by mail or in person. Upon determination that the lottery ticket is a winning lottery ticket, the Lottery shall present or mail a check, initiate an EFT and/or an ACH payment, or credit an established iLottery account to the claimant for the amount due, less any applicable federal and state income tax withholdings and less any withholding requested by the child support enforcement division. If the ticket is determined to be a non-winning lottery ticket, the claim shall be denied and the claimant shall be promptly notified. Non-winning lottery tickets shall not be returned to the claimant.6.1.f.2. To claim a draw game prize of more than six hundred dollars ($600), within the limit of one hundred eighty (180) days after the date of the drawing, the claimant shall obtain and complete a claim form, as provided by the Director, and submit it with the winning lottery ticket to the Lottery by mail or in person. Upon determination that the ticket is a winning ticket, the Lottery shall present or mail a check, initiate an EFT and/or an ACH payment, or credit an established iLottery account to the claimant for the amount due, less any applicable federal and state income tax withholdings and less any delinquent child or spousal support obligation claimed by the bureau for child support enforcement. If the lottery ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified. Non-winning lottery tickets shall not be returned to the claimant.6.2. Drawing and end of sales prior to drawings.6.2.a. Drawings shall be conducted in a location and at days and times designated by the Director.6.2.b. The Director shall announce the time for the end of sales prior to the drawings for each type of draw game. Licensed lottery sales agents and Lottery Terminals shall not process orders for draw game lottery tickets for that drawing after the time established by the Director.6.2.c. The Director shall designate the type of equipment to be used, shall establish procedures to randomly select the winning combinations for each type of draw game, for physical drawings shall require the presence of an independent accountant to witness all pre- and post-drawing tests, and the drawing or winner selection, and for programmatically drawn results shall determine regular audits of the equipment, results, and procedures of those drawings.6.2.d. The Director shall test prior to and after each drawing the physical equipment used or audit and have certified random any programming used to determine the winning combination to assure proper operation and lack of tampering or fraud. Drawings shall not be certified until all validation checks or audits are completed. No prizes shall be paid until after the drawing is certified.6.2.e. All draw game drawings shall be recorded and provided to the public in real-time or near real-time provided facilities are available and operational.6.2.f. The Director shall establish procedures governing the conduct of drawings for each type of draw game. The procedures shall include provisions for deviations which include but are not limited to:6.2.f.1. A drawing equipment malfunction before validation of the winning combination;6.2.f.2. A video and/or audio malfunction during the taping of the drawing;6.2.f.3. A fouled drawing;6.2.f.4. A delayed drawing; or6.2.f.5. Other equipment, facility and/or personnel difficulties.6.2.g. Whenever a deviation occurs, the drawing shall be certified and the deviation documented on the certification form. The winning combination shall be provided to the public.6.2.h. If, during any drawing for a game, a mechanical failure or operator error causes an interruption in the selection of all digits or symbols, a "Foul" shall be called by the Lottery Drawing Official. Any digit or symbol drawn prior to a "Foul" being called shall stand and be declared official after passing lottery validation tests.6.2.i. The Director shall delay payment of all prizes if any evidence exists, or there are grounds for suspicion, that tampering or fraud has occurred. Payment shall be made after an investigation is completed and the drawing certified. If the drawing is not certified, another drawing shall be conducted to determine the actual winner.6.3. Validation requirements. 6.3.a. To be a valid winning draw game lottery ticket, all of the following conditions shall be met: 6.3.a.1. All printing on the lottery ticket shall be present in its entirety, be legible, and correspond, using the computer validation file, to the combination and date printed on the lottery ticket. The lottery ticket is not valid unless the ticket number and other information is recorded in the Lottery computer and transaction master file;6.3.a.2. The lottery ticket shall be intact;6.3.a.3. The lottery ticket shall not be altered, mutilated, unreadable, reconstructed, or tampered with in any manner;6.3.a.4. The lottery ticket shall not be counterfeit or an exact duplicate of another winning ticket;6.3.a.5. The lottery ticket shall have been issued by an authorized licensed lottery sales agent in an authorized manner;6.3.a.6. The lottery ticket shall not have been stolen or canceled;6.3.a.7. The lottery ticket shall not have been previously paid; and6.3.a.8. The lottery ticket shall pass all other confidential security checks of the Lottery.6.3.b. Any lottery ticket failing any validation requirements listed in subdivision 6.3.a.1 of this rule is invalid and ineligible for a prize subject to the condition of subdivisions 5.10.3 and 5.10.4 of this rule.6.3.c. The Director may replace an invalid draw game lottery ticket with an on-line ticket for a future drawing of the same game. The Director may pay the prize for a ticket that is partially mutilated or is not intact if the draw game lottery ticket can still be validated by the other validation requirements, at his or her discretion.6.3.d. In the event a defective draw game lottery ticket is purchased, the only responsibility or liability of the Lottery or the lottery sales agent is the replacement of the defective draw game lottery ticket with another draw game lottery ticket for a future drawing of the same game.6.4. Payment of prizes by licensed lottery sales agents.6.4.a. A licensed lottery sales agent shall pay to the ticket bearer prizes of six hundred dollars ($600) or less for any validated claims presented within the claim limit of one hundred eighty (180) days of the drawing to that licensed lottery sales agent. These prizes shall be paid during all normal business hours of that licensed lottery sales agent, provided, the on-line system is operational and claims can be validated.6.4.b. A licensed lottery sales agent may pay prizes in cash or by business check, certified check, money order, bank issued debit or credit card or other manner as approved by the commission. A licensed lottery sales agent that pays a prize with a check which is dishonored, in addition to full payment of the amount of the check and all nonsufficient funds charges and any other legitimate banking charge, may be subject to suspension or revocation of its license.6.5. Notification to Commission. The Director shall provide Commission members with copies of specific game rules for on-line games. The Chairman or a quorum of the Commission may ask for review of the on-line game rules at the next scheduled meeting of the Commission following receipt of draft rules, and shall adopt or refer rules to lottery staff for revision at that meeting.