961 CMR, § 2.38 - Procedure for Claiming Prizes
(1)
Place of Claims. All cash prizes must be claimed
through a Sales Agent, a duly authorized Claims Center or Office, or at the
sole discretion of the Director, through the Mobile Claim Process.
(2) To be eligible for a prize, the prize
winner must submit an original winning ticket prior to the expiration of the
claim period. At the sole discretion of the Director, a prize winner may be
allowed to become eligible for a prize by submitting winning ticket
information, in lieu of an original winning ticket, using the
Mobile Claim Process prior to the expiration of the claim period. On-line
tickets must be claimed within one year of the drawing date. Instant tickets
must be claimed within one year of the end of the particular game. For prizes
less than $600.00, a claim is valid only when the original winning ticket has
been presented for payment and validated by the Lottery's computer gaming
system at a sales agent, claim center, or Lottery office. For prizes of $600.00
or greater, but less than $103,000.01, a claim is valid only when the original
winning ticket has been presented for payment, a claim form has been properly
completed, and the ticket has been validated by the Lottery's computer gaming
system and verified by Lottery internal validation requirements at a Lottery
office or duly authorized claim center. For prizes of $103,000.01 or greater, a
claim is valid only when the original winning ticket has been presented for
payment, a claim form has been properly completed, and the ticket has been
validated by the Lottery's computer gaming system and verified by Lottery
internal validation requirements at the office of the Director. Notwithstanding
any other provision in
961 CMR
2.00, the Lottery may allow some Lottery Online and/or
Digital Property users to file Mobile Claims of eligible Lottery tickets, and
transfer awarded prize winnings to a bank account pursuant to the Mobile Claim
Process and such other terms and conditions as the Director may set or find
desirable in his or her discretion. The Lottery may require certain claims for
prizes of any amount be claimed at the office of the Director. Tickets or
Mobile Claims submitted for payment subsequent to the claim period defined
above are void. The Lottery may require certain claims for prizes of any amount
be claimed at the office of the Director. Tickets or Mobile Claims submitted
for payment subsequent to the claim period defined above are void.
(3)
Claim Forms.
Each prize ticket owner, other than those paid in cash, or his or her
representative is required to complete the claim form which is available free
of charge at each Sales Agent or Lottery office and sign the winning ticket. If
the prize ticket owner is a minor or other person(s) unable to complete the
claim form, then said minor or person shall have his or her guardian,
conservator, parent, adult member of his or her household, or his or her next
friend or other proper representative complete the claim form in his or her
stead. If the Director determines that the person who completed the claim form
in behalf of an owner is not the proper person to claim the prize in behalf of
the owner, the Director may demand a new claim form completed by a person who
is acceptable to the Director as the proper person so to claim the true owner's
prize. The claim form incorporates by reference the following provisions:
(a) Verification that the prize ticket owner
is not a person disqualified by law or by
961 CMR
2.00 to claim or otherwise accept a prize from the
Lottery;
(b) The prize ticket owner
grants to the Commission the right to use his or her name, address, and
photograph to publicize his or her winnings. This same right is granted to the
Commission by one signing in behalf of a minor or other ticket owner under a
disability which prevents him or her from signing in his or her own
behalf;
(c) Indemnification of the
Commission for any loss occasioned by an untruth or misrepresentation by the
ticket owner or the person claiming the prize in his or her behalf;
(d) All information requested by the
Commission which may include, but not be limited to, the prize ticket owner's
(and any person signing in his or her behalf) name, address, and social
security number or taxpayer's identification number.
The claim form may contain any other provision which the Director may, from time to time, deem necessary and proper to protect the Commission and the public welfare. Each claim form must have attached thereto the original Lottery ticket.
Notwithstanding any of the foregoing, the Lottery may allow some users to submit a Mobile Claim using the Mobile Claim Process in lieu of submitting a claim form. Each Mobile Claim incorporates by reference the following provisions:
(e) Verification that the prize ticket owner
is not a person disqualified by law or by
961 CMR
2.00 to claim or otherwise accept a prize from the
Lottery;
(f) The prize ticket owner
grants to the Commission the right to use his or her name, address, and
photograph to publicize his or her winnings.
(g) Indemnification of the Commission for any
loss occasioned by an untruth or misrepresentation by the ticket owner or the
person claiming the prize in his or her behalf;
(h) All information requested by the
Commission which may include, but not be limited to, the prize ticket owner's
name, address, and social security number or taxpayer's identification number.
The Mobile Claim Process may incorporate any other provision which the Director, may from time to time, deem necessary and proper to protect the Commission and the public welfare.
(4)
List of Winning
Tickets. Lottery offices and Sales Agents will be provided with a
sufficient number of lists containing certain winning Lottery numbers for the
prior 52 weeks which will be available to the public view at each location
transacting Lottery business.
(5)
Lottery Payment Verification.
(a) For Mobile Claims, the Lottery must be
assured that the ticket is a winner and the Mobile Claim Process and such other
terms as determined by the Director have been complied with and completed prior
to the ticket's expiration date. Upon validation and verification, the Lottery
may provide a single or a variety of payment methods for the claimant to select
from in order to receive winnings.
(b) For all other claims, the Sales Agent or
claim center reviews the claim form and the ticket and must be assured that the
ticket is a winner, that the back of the ticket and the claim form are properly
filled out and signed by the claimant, and that the ticket has been presented
for payment in accordance with 961 CMR 2.38(2) prior to the expiration date.
Upon validation and verification, the prize money will be forwarded and/or
provided to the claimant in check form except that the winner of the prize of
$103,000.01 or greater must present himself or herself in person at the office
of the Director to receive his or her prize, unless he or she is physically or
mentally incapable of so doing.
(6) All claims are subject to the M.G.L. c.
10, §§ 22 through 35 and 36,
961 CMR
2.00, and Lottery verification procedures which
includes, but may not be limited to, any or all claim procedures required by
any multi-state agreements to which the Lottery is subject. If the claim is
invalidated, the claim is denied and the Director will promptly notify the
claimant. The claimant, if aggrieved, shall have a right pursuant to M.G.L. c.
30A to appeal the decision to the Commission. Any such appeal shall be in
writing and made within 30 days of the giving of Notice of the Director's
determination.
(7) In accordance
with M.G.L. c. 30A, § 11(7), if less than a majority of the Commissioners
of the Massachusetts State Lottery Commission are present at a hearing, no
party shall be entitled to a tentative or proposed decision, unless such party
makes written request in advance for such tentative or proposed
decision.
(8) If a claimant is
aggrieved by the Director's denial of his or her claim for a prize, he or she
may request an informal hearing with the Director to discuss his or her
grievances and a reconsideration of his or her claim by the Director. If the
Director concludes that there is a meritorious basis for the claimant's
complaint, he or she may revise his or her prior decision or refer the matter
to the Commission for its determination.
(9) The Director may establish procedures
other than those specified in 961 CMR 2.00 forclaiming and paying prizes of
less than $601.00. Such procedures shall be set forth in Administrative
Bulletins issued by the Director.
(10) In the event a claim is based on a
ticket which is incomplete or nonconforming or in anyway defective, invalid or
void as determined by the Director, the limit of the Commission's liability
shall be, at its option, the price of the ticket or replacement
thereof.
(11) If a prize won is an
opportunity to participate in a televised drawing, said opportunity shall be
personal to the owner or holder of any ticket winning such prize and, except as
authorized by the Director in writing, no person other than said owner or
holder shall be entitled to participate in said televised drawing.
(12)
COVID-19 State of
Emergency. Notwithstanding any other provision in 961 CMR 2.00,
with respect to on-line tickets and instant tickets that have a claim
expiration date on or after March 19, 2020, the expiration date for such
on-line tickets and instant tickets shall be June 30, 2020, or later dates as
set forth in Administrative Bulletins issued by the Director, and such claims
may be presented to the office of the Director. For purposes of 961 CMR
2.38(12), on-line tickets include tickets for all draw games and monitor
games.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.