16 Tex. Admin. Code § 401.302 - Scratch Ticket Game Rules
(a)
Sale of scratch tickets.
(1) Only retailers
who have been licensed by the commission are authorized to sell scratch
tickets, and scratch tickets shall be sold only at the location listed on each
retailer's license from the commission. For purposes of this section, the sale
of a scratch ticket at the licensed location means a lottery transaction in
which all elements of the sale between the retailer and the purchaser must take
place at the retailer location, including the exchange of consideration and the
exchange of the scratch ticket.
(2)
Each scratch ticket shall sell for the retail sales price authorized by the
executive director and stated in the individual game procedures; provided that,
the purchase price for promotional groups of tickets shall be determined by the
executive director.
(3) Each
scratch ticket shall state the overall estimated odds of winning a prize of any
kind, including a break-even prize.
(b) Game procedures.
(1) The director may approve and publish
individual game procedures prior to each scratch ticket game being introduced
for sale to the public. Game procedures shall be published in the Texas
Register and shall be made available upon request to the
public.
(2) At a minimum, the game
procedures for each game shall contain the following information:
(A) confirming captions;
(B) game name;
(C) game number;
(D) prize structure;
(E) play style;
(F) play symbols;
(G) ticket order quantity;
(H) retail sales price;
(I) dollar amount of prizes that may be paid
by retailers; and
(J) eligibility
requirements for a prize or promotional drawing, if any.
(3) The play style for an individual game
shall be fully described in the game procedures and may take the form of one of
the following methods of play:
(A) match
up;
(B) add up;
(C) three in a line;
(D) key number/symbol match;
(E) yours beats theirs;
(F) prize legend;
(G) cards;
(H) bingo;
(I) directional arrows through
maze;
(J) bonus game features;
or
(K) any other approved play
style or bonus game feature developed by the
commission.
(c)
Determination of prize winner.
(1) The play
symbols shall be used by a player to determine eligibility for prizes.
Qualifying play symbols are stated in the game procedures.
(2) A player's eligibility to win a prize is
subject to the ticket validation requirements provided in subsection (d) of
this section.
(3) For each
individual game, the player shall reveal the play symbols according to the play
instructions for the game. Eligibility to win a prize is based on the approved
play style as follows.
(A) Match up. If the
designated number of identical play symbols is revealed on the ticket, the
player shall win the prize indicated.
(B) Add up. If the player adds up all of the
play symbols printed on the ticket and the amount is greater than or equal to
the required total amount printed on the ticket, the player shall win the prize
indicated.
(C) Three in a line. If
the player reveals three identical play symbols, either diagonally, vertically,
or horizontally, on the same ticket, the player shall win the prize
indicated.
(D) Key number/symbol
match. If the player reveals a play symbol that matches the designated key play
symbol, the player shall win the prize indicated.
(E) Yours beats theirs. If the player reveals
a play symbol designated as yours that is greater than the play symbol(s)
designated as theirs, the player shall win the prize indicated.
(F) Prize legend. If the player reveals the
designated number of play symbols, the player wins the prize amount that
corresponds to the legend.
(G)
Cards. If the player reveals the play symbol needed for that particular card
game in a winning combination, the player shall win the prize
indicated.
(H) Bingo. If the player
matches their Bingo card numbers with all of the Caller's Card numbers and
reveals certain patterns as specified on the ticket, the player shall win the
prize indicated for that Bingo card and pattern.
(I) Directional arrows through maze. If the
player follows the directional arrows to make a path or paths through a maze
and the path(s) leads to a prize amount, the player shall win that
prize.
(J) Bonus game features.
These features are added to the game for extra play value and entertainment.
The specific variants, as described below, are used for a particular game and
are described in the individual game procedures:
(i) Doubler. If the player reveals the
designated play symbol as part of the winning combination of the game, the
player doubles their prize. The player may also reveal the "doubler" play
symbol in a prize box, in which case the prize amount that the player won is
doubled.
(ii) Wild card. The player
may use this designated play symbol as part of the winning combination of the
game.
(iii) Double and Double
Doubler. If the player reveals one of these designated play symbols as part of
the winning combination of the game, the player either doubles or quadruples
their prize respectively, as stated in the game card itself. The player may
also reveal the "double" or "double doubler" play symbols in a prize box, in
which case the prize amount that the player won is either doubled or quadrupled
respectively, as stated in the game card itself.
(iv) Tripler. If the player reveals the
designated play symbol as part of the winning combination of the game, the
player triples their prize. The player may also reveal the "tripler" play
symbol in a prize box, in which case the prize amount that the player won is
tripled.
(v) Auto win. If the
player reveals the designated play symbol, the player wins the corresponding
prize automatically.
(vi) Entry
ticket. If the player reveals the designated play symbol, the player may use
the ticket as a means of entering a drawing, subject to the game procedures for
each game.
(K) Any other
approved play style or bonus game feature developed by the commission. If the
player reveals the designated play symbols or bonus play features, the player
shall win the prize(s) as indicated.
(d) Ticket validation requirements.
(1) Each scratch ticket shall be validated
according to validation procedures prior to payment of a prize.
(2) A scratch ticket shall comply with all of
the following.
(A) The ticket shall not be
stolen or appear on any list of omitted tickets on file with the
commission.
(B) The ticket shall
not be counterfeit or forged, in whole or in part.
(C) The ticket shall not be mutilated,
altered, unreadable, reconstituted, or tampered with in any manner.
(D) The ticket shall have been issued by the
commission in an authorized manner.
(E) The ticket shall have been received or
recorded by the commission by applicable deadlines.
(F) The ticket shall pass all the
confidential validation and security tests appropriate to the applicable play
style.
(G) The validation number of
an apparent winning ticket shall appear on the commission's official list of
validation numbers of winning tickets for the particular game and pack. A
ticket with that validation number shall not have been paid
previously.
(3) The
commission may pay the prize for a ticket that is partially mutilated or not
intact if the ticket can still be verified as a valid ticket and validated by
the other validation requirements and procedures.
(4) Any ticket not passing all of the
validation tests and requirements is void and ineligible for any prize and
shall not be paid. The executive director may, at his/her exclusive
determination, reimburse the player for the cost of the void ticket.
(5) If a defective ticket is purchased and is
void, the sole remedy available against the commission and the commission's
sole liability shall be, at the executive director's sole discretion,
reimbursement for the cost of the void ticket, or replacement of the defective
ticket with another unplayed ticket in that scratch ticket game (or a ticket of
equivalent sales price from any other current scratch ticket
game).
(e) Payment of
low-tier and mid-tier prizes.
(1) Any prize
less than $600 may be paid by any retailer.
(2) Retailers may pay prizes in cash. If
acceptable to the claimant, retailers may also pay cash prizes by business
check, certified check, cashier's check, money order, gift card, stored-value
card, or store merchandise. If a retailer decides to pay with anything other
than cash, it is the responsibility of the retailer to ensure the claimant has
voluntarily agreed to the non-cash prize payment.
(3) Retailers may pay claims for prizes, if
the commission's validation system is operational.
(4) Before paying a prize, retailers shall
validate the winning ticket according to established validation requirements
and procedures.
(5) Payment of a
prize by a retailer will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification, if
appropriate.
(6) If a low- or
mid-tier claim is presented to the commission, the claimant shall follow all
procedures of the commission related to claiming a prize. Upon validation of
the ticket as a winning ticket, the commission shall pay the claimant the
amount due in accordance with commission procedures. If the ticket is
determined to be a non-winning ticket, the claim shall be denied and the
claimant shall be promptly notified.
(f) Payment of high-tier prizes.
(1) High-tier prizes must be presented for
payment to the commission. For purposes of this provision, the term
"commission" includes claim centers located throughout Texas. In connection
with certain scratch ticket games, the top-level prizes must be claimed at
commission headquarters.
(2) If a
high-tier claim is presented to the commission, the claimant shall follow all
procedures of the commission related to claiming a prize. Upon validation of
the ticket as a winning ticket, the commission shall pay the claimant the
amount due in accordance with commission procedures. If the ticket is
determined to be a non-winning ticket, the claim shall be denied and the
claimant shall be promptly notified.
(3) Before paying any prize, claim center
personnel shall validate the winning ticket according to established validation
requirements and procedures.
(4)
All prizes shall be subject to tax withholding, offsets, and other withholdings
as provided by law.
(5) If a person
is indebted or owes delinquent taxes to the state, other than those specified
in paragraph (4) of this subsection, the winnings of a person shall be withheld
until the debt or taxes are paid.
(6) When paying a prize of $600 or more, the
commission shall file the appropriate income reporting form with the Internal
Revenue Service.
(7) Payment of a
prize will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification.
(8) The director shall recognize only one
person as claimant of a particular prize. A claim may be made in the name of a
person other than an individual only if the person possesses a federal employer
identification number (FEIN) issued by the Internal Revenue Service and such
number is shown on the claim form. Groups, family units, clubs, organizations,
or other persons without an FEIN shall designate one individual in whose name
the claim is to be filed. If a claim is erroneously entered with multiple
claimants, the claimants shall designate one of them as the individual
recipient of the prize, or, if they fail to designate an individual recipient,
the director may designate any one of the claimants as the sole recipient. In
either case, the claim shall then be considered as if it were originally
entered in the name of the designated individual and payment of any prizes won
shall be made to that single individual. Once a ticket is submitted as a claim,
it will not be returned to the winner.
(9) The executive director has discretion to
set a maximum total cash amount or maximum payment time period for each prize
level.
(g) Payment of
prize awarded to minor.
(1) A person 18 years
of age or older may purchase a ticket to give as a gift to another person,
including a minor.
(2) If a minor
is entitled to a cash prize of less than $600, the commission shall deliver to
an adult member of the minor's family or to the minor's guardian a check or
warrant in the amount of the prize payable to the order of the minor.
(3) If a minor is entitled to a cash prize of
$600 or more, the commission shall deposit the amount of the prize in a
custodial bank account, with an adult member of the minor's family or the
minor's guardian serving as custodian for the minor.
(4) If a minor is entitled to a prize other
than money, the commission shall pay the cash equivalent of such prize in the
manner provided by paragraphs (2) and (3) of this subsection.
(5) A retailer is not authorized to pay a
prize claimed by a minor.
(h) Ticket responsibility.
(1) A ticket is a bearer instrument until
signed on the back by the ticket holder.
(2) The commission shall not be responsible
for lost, stolen, or destroyed tickets.
(3) The commission shall not be responsible
for erroneous or mutilated tickets.
(4) The commission shall not be responsible
for tickets claimed by a player in error for a lower prize at a
retailer.
(5) The commission shall
not be responsible for tickets delivered to any address other than that
designated by the commission for such purpose.
(i) Disputed ticket. If a dispute arises
between the commission and a ticket claimant concerning whether the ticket is a
winning ticket and if the ticket prize has not been paid, the executive
director may, exclusively at his/her determination, reimburse the claimant for
the cost of the disputed ticket. This shall be the claimant's exclusive
remedy.
(j) Game closing.
(1) The executive director or his/her
designee shall determine the closing date for an individual scratch ticket game
in accordance with a scratch ticket game closing procedure that defines the
criteria used to monitor scratch ticket sales performance and that identifies
when scratch ticket games should be closed.
(A) The procedure shall provide for the
timely closing of a scratch ticket game after all top-level prizes in the game
have been claimed or on an earlier date as determined by the executive
director.
(B) The procedure shall
provide for ending ticket sales in a scratch ticket game within 45 days after
game closing procedures have been initiated.
(2) No tickets in a scratch ticket game may
be sold after the scratch ticket game closing date.
(k) Governing law. In purchasing a scratch
ticket, the lottery player agrees to comply with and abide by Texas law, all
rules, procedures, and final decisions of the commission, and all procedures
and instructions established by the executive director for the conduct of the
scratch ticket game.
Notes
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