N.Y. Comp. Codes R. & Regs. tit. 9 § 5004.9

Current through Register Vol. 46, No. 42, October 16, 2024

Section 5004.9 - General definitions, qualifications, restrictions, validations and rules applying to lottery draw games

(a)

(1)Bet ticket means the ticket generated by the computer terminal based on input received from the player, whether by play card, quick pick option, manual entry or other means approved by the commission. Bet tickets may be purchased only from lottery sales agents as previously defined herein. The bet ticket is the only valid receipt for a bet placed. Players should, while still at the point of purchase, verify the game and number selections on the bet ticket.

(2)Computer terminal means the device at the lottery sales agent location or site licensed by the commission for purchasing lottery game tickets and performing other lottery transactions.

(3)Director means the director of the Division of Lottery, or any other person to whom such director's authority is lawfully delegated.

(4)Draw date means the date designated by the commission on which the winning numbers are drawn for each game.

(5)Draw game refers to any game that may from time to time be implemented on a computerized terminal system.

(6)Drawing means the formal process, determined by the commission, by which the winning numbers are drawn.

(7)Game panel means the area of the play card that contains a number of defined spaces from which a player may select a subset of numbers to be played for a particular drawing. Selections made by the player in the game panel are used to produce an individual wager on the bet ticket.

(8)Gross sales means the dollar value of lottery tickets produced for a game draw date.

(9)Manual entry means the capability of the computer terminal operator to enter a player's selections into the computer terminal in response to instruction from a player, or if a play card is incorrectly marked.

(10)Play card means a card that contains a number of game panels of defined spaces used by a player to select the games the player desires to play, the number of game panels to be played and the specific subset of numbers for each game selected. The play card is the customary method of presenting a player's selections to a lottery sales agent. However, the player's number selections may be manually entered into the computer terminal by the terminal operator.

(11)Quick pick means a method in which some or all character selections are determined at random by the computer system at the time of purchase. If a player communicates some character selections orally or by play slip, any remaining character selections may be determined by quick pick.

(12)Validation means the process of determining whether a bet ticket presented for prize redemption does or does not represent a winning bet.

(b) No prize claim shall be valid if submitted to the commission after one year has elapsed from the draw date.

(c)Bet ticket responsibility.

(1) Lottery bet tickets are bearer instruments.

(2) The commission shall not be responsible for:

(i) lost or stolen bet tickets;

(ii) bet tickets claimed by a player in error for a lower prize at a lottery sales agent;

(iii) bet tickets that are not intact;

(iv) bet tickets that are mutilated, altered, reconstituted, counterfeit in whole or in part, or tampered with in any manner, or mis-cut; or

(v) bet tickets that have not been issued in an authorized manner, or are mis-registered, defective, or printed or produced in error.

(d) To be valid, a bet ticket must pass all additional confidential and security validation tests of the commission.

(e) Any bet ticket that does not conform to the requirements of this section shall be considered null and void, and may not be paid, as determined by the commission. However, the commission may, at the commission's sole discretion, replace such void ticket with an unplayed ticket from the game or an equivalent one in sales price from any other game.

(f) In all and any events, the liability and responsibility of the commission, for any tickets described or disputed in this section, shall be the replacement of such ticket in that or an equivalently priced other lottery game.

(g) No lottery ticket shall be sold to or purchased by and no lottery prize shall be paid to any of the following persons:

(1) any officer or employee of the commission; or

(2) any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, if such person is directly involved in the production of lottery tickets, the operation or observation of lottery games or drawings, or the processing of lottery prize claims or payments; or

(3) any person subject to a contract with the commission if such contract contains a provision prohibiting such person from purchasing a lottery ticket or receiving a lottery prize; or

(4) any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any of the foregoing persons. This section shall not be deemed to prohibit the sale of a lottery ticket or the payment of a lottery prize to an officer of employee of the commission or to a contractor, subcontractor, or consultant or to an officer or employee of a contractor, subcontractor, or consultant if such sale or prize payment is not for the individual benefit of such person and is made in connection with an official investigation, audit, marketing effort or other activity authorized by the commission.

(h) In accordance with all applicable provisions of law, Federal, State and local withholding taxes shall be withheld by the commission from prize payments as may be required.

(i) The commission may at any time, in the commission's sole discretion, announce a termination date for any game, subsequently recommence any game, or extend termination or closing dates for any game. When a game is terminated, no further tickets will be sold. The commission reserves the right to change the prize structure, frequency of draws, or the game itself.

(j) The payment of prizes to persons under 18 years of age, and to those who may die before receiving any or all of a particular prize, shall be paid as prescribed in law and applicable commission rules and regulations.

(k) The State shall be discharged from any liability after the payment of prizes as prescribed in applicable commission rules and regulations.

(l) A lottery sales agent shall sell tickets in book, page or numerical order and shall not exchange books or tickets with other lottery sales agents.

(m) A lottery sales agent is prohibited from playing lottery tickets using any method other than fair chance or any method that is contrary to the principle that every ticket has an equal and random chance of winning.

(n) In purchasing a lottery ticket, the customer agrees to comply with and abide by all applicable laws, rules and regulations, and final decisions of the commission, as well as procedures established by the commission for the conduct of any lottery game.

(o) Notwithstanding the provisions of any other rule or regulation, the exact number and amount of prizes to be paid at any grand prize or millionaire drawing shall be as determined in directives issued by the commission, which directive shall also govern details and procedures for such drawing.

(p) When any question shall arise as to the validity of a lottery drawing for any reason whatsoever, the commission shall make the determination as to the validity of said draw on the basis of information at the commission's disposal. The determination of the commission shall be final.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5004.9

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.9/30/2015

Amended New York State Register April 10, 2019/Volume XLI, Issue 15, eff.4/10/2019