W. Va. Code R. § 179-1-6 - Draw games
6.1. 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; or
6.2.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; and
6.3.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.
Notes
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