N.D. Admin Code 10-16-03-05 - [Effective 7/1/2025] Sale or gift of a ticket
1. A retailer may
sell a ticket at the site listed on a license. The sales price of a ticket is
exempt from sales tax. Except as authorized by the lottery or for a lottery
promotion, or delivery of a ticket by a retailer, a complete sales transaction
between the retailer and a player must occur at a terminal or a
player-activated terminal, including the exchange of money, exchange of a play
slip if the player uses it, and exchange of the ticket. The retailer shall
accept cash, debit card, or credit card and may accept a check from a player.
The retailer may not extend credit to a player or accept a food stamp or food
coupon as consideration for a ticket. A player shall pay for a ticket when the
ticket is bought from a retailer. A retailer may not loan money to a player or
accept a postdated check from the player. A retailer is responsible for a check
that is not collectible for any reason. This subsection does not prevent an
individual who may lawfully buy a ticket from giving a gift of the ticket to
another individual, or prevent a business or organization from purchasing a
ticket and providing it as a gift or prize to an individual, except to an
individual under age eighteen or an ineligible player according to section 10-16-03-02.
2. An individual may
buy a ticket on behalf of another individual or group of individuals, provided
that the individual provides the ticket without charging a procurement fee and
the other individual is not, or the group of individuals does not include, an
individual under age eighteen or an ineligible player according to section 10-16-03-02.
3. Except for a
subscription, a player shall place a play through a retailer that acts as an
agent for the player in entering the play. The player shall place a play by
using and hand-marking a play slip provided by the retailer or requesting the
retailer to place a quick pick. The retailer may assist and train a player how
to complete a play slip. It is the sole responsibility of the player to verify
the accuracy of a game play and other data printed on a ticket. The retailer
may not use a copy of a play slip or other material in a terminal's play slip
reader or permit a device to be connected to a terminal to enter a
play.
4. A retailer shall use a
terminal to issue a ticket containing the selected sets of numbers, letters, or
symbols each set of which is a play. A retailer's sale of a ticket is final. A
player may not void or cancel a ticket by returning the ticket to the retailer
and the retailer may not buy back a ticket from a player. If data printed on a
ticket is incorrect, a ticket is printed in error, an employee, volunteer, or
agent of a retailer steals a ticket from the retailer, or if any other issued
ticket can be used to claim a prize, the retailer cannot void or cancel the
ticket or return the ticket to the lottery for credit. If the retailer cannot
sell the ticket, the retailer owns the ticket and may redeem a winning ticket.
However, the lottery may credit a retailer's account for a ticket that is
illegible, mutilated, or otherwise defective as it was printed and that because
of its physical condition cannot be sold. A retailer shall comply with a policy
of the lottery related to criteria for sending a claim for credit of a
defective ticket to the lottery. The retailer may not send a defective ticket
to the lottery until after the draw for the game for which the ticket was
issued.
5. A retailer shall sell a
ticket only for the standard price of the ticket. However, a retailer may do a
promotion for a period not to exceed ninety consecutive days in any six-month
period in which a retailer offers a ticket for sale through a discount provided
that the retailer accounts for the standard price of the ticket to the lottery.
A discount includes, for example, selling six tickets for the price of five
tickets, selling two tickets for the price of one ticket, and selling a ticket
for one-half price. A retailer may buy a ticket for the standard price of the
ticket and offer it, at no charge, to an individual. A recipient of a ticket in
a promotion may not be under age eighteen or an ineligible player according to
section 10-16-03-02. A retailer may conduct other promotions, including:
a. Second chance drawings of winning or
nonwinning tickets or other entry forms provided that an individual may not be
required to purchase anything to participate in the drawing;
b. Giving away a ticket with the purchase of
a product or service;
c. Giving
away or discounting a product or service with the sale of a ticket or return of
a number of nonwinning tickets; and
d. With the purchase of a ticket, an
individual spinning a wheel, for example, to select a free prize, product, or
service.
6. An
individual who buys or accepts a ticket, attempts to redeem a ticket for a
prize, or otherwise participates in a draw agrees to comply with and abide by
the lottery law, rules, procedures, policy, MUSL or game group rule or game
rule, and decision of the lottery.
7. An individual who buys or accepts a
ticket, attempts to redeem a ticket for a prize, or otherwise participates in a
draw agrees to accept the decision of the lottery regarding the validity of the
ticket, and any prize payment determinations relating to that ticket, and to
release the state, lottery, MUSL, game group, and their officers, employees,
agents, representatives, and contractors from any liability regarding that
ticket or payment of that prize and are not responsible or liable for:
a. A lost or stolen ticket or incorrectly
read play slip; or
b. Paying a
prize related to a damaged, destroyed, erroneous, illegible, or mutilated
ticket.
Notes
General Authority: NDCC 53-12.1-13
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-07, 53-12.1-08, 53-12.1-13, 57-39.2-04
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