N.J. Admin. Code § 17:20-12.18 - Courier service ticket sale occurrence and ownership

(a) Courier service ticket sale occurrence:

1. No courier customer request or payment for courier service and no receipt or acknowledgment of any such request constitutes evidence of a validly issued ticket. A ticket, in order to be deemed validly issued, shall be physically generated by a lottery terminal authorized by the Division for sale to a customer (including sale through a courier service). A courier service shall not charge a courier customer's account until such time as the physical ticket is printed from the dedicated terminal. See N.J.A.C. 17:20-12.16(a);

2. Required disclosures to courier customers:

i. A courier service shall disclose prominently on its courier service system the text of paragraph (a)1 above; and

ii. A courier service shall disclose prominently on its courier service system a warning to customers to take care to ensure the safekeeping of tickets and not to risk claim complications by disseminating images of purchased tickets.

(b) Ticket ownership:

1. A courier service that purchases a ticket on request from a courier customer holds such ticket in trust for such courier customer and acquires no ownership interest in such ticket. Notwithstanding such lack of ownership, a courier service may destroy a ticket in compliance with the retention requirements set forth in N.J.A.C. 17:20-12.17. Tickets in the possession of the courier service are the sole responsibility of the courier service and it is the courier service's duty as a fiduciary of the courier customer to handle such tickets as set forth in this subchapter. This shall be an express trust relationship between the courier service and the courier customer with respect to the tickets and any winning related to such tickets. Any failure to deliver tickets purchased by the courier customer, pursuant to this subchapter, or to deliver winnings related to such tickets to the courier customer in accordance with the provisions of this subchapter will be considered a fraud or defalcation by a fiduciary.

Notes

N.J. Admin. Code § 17:20-12.18

Adopted by 50 N.J.R. 1826(b), effective 8/6/2018