16 Tex. Admin. Code § 401.317 - "Powerball" Draw Game Rule
(a)
Powerball®. Powerball is a Multi-State Lottery
Association (MUSL) lottery draw game offered by all Lotteries that have agreed
to MUSL's Powerball Group Rules. The purpose of the Powerball game is the
generation of revenue for MUSL Party Lottery members and Mega Millions Party
Lotteries participating under the Cross-Sell Agreement, through the operation
of a specially designed multi-jurisdiction lottery game that will award prizes
to ticket holders of validated winning tickets matching specified combinations
of numbers randomly selected in regularly scheduled Drawings. The Powerball
game is authorized to be conducted by the commission executive director
(executive director) under the conditions of the MUSL rules, the laws of the
State of Texas, this section, and under such further instructions, directives,
and procedures as the executive director may issue in furtherance thereof. In
this regard, the executive director is authorized to issue such further
instructions and directives as may be necessary to conform the conduct and play
of the Powerball game to the requirements of the MUSL rules if, in the opinion
of the executive director, such instructions, directives, and procedures are in
conformance with state law. To be clear, the authority to participate in the
Powerball game is provided to the Texas Lottery Commission (commission) by
MUSL. The conduct and play of the Powerball game must conform to the MUSL
Powerball Group Rules. Further, if a conflict arises between this section and
§
401.304 of this chapter (relating
to Draw Game Rules (General)), this section shall have precedence. In addition
to other applicable rules contained in Chapter 401, this section and
definitions herein apply unless the context requires a different meaning or is
otherwise inconsistent with the intent of the rules adopted by the MUSL or the
MUSL Powerball Group.
(b)
Definitions.
(1) "Agent" or "retailer" means
a person or entity authorized by the commission to sell lottery
Plays.
(2) A "Drawing" refers
collectively to the formal draw event for randomly selecting the Winning
Numbers that determine the number of winning Plays for each prize level of the
Powerball game and Power Play promotion.
(3) "Game ticket" or "ticket" means an
acceptable evidence of Play, which is a ticket produced in a manner that meets
the specifications defined in the rules of the Selling Lottery and subsection
(g) of this section, and is a physical representation of the Play or Plays sold
to the player.
(4) "MUSL" means the
Multi-State Lottery Association, a government-benefit association wholly owned
and operated by the MUSL Party Lotteries.
(5) "MUSL Board" means the governing body of
the MUSL, which is comprised of the chief executive officer of each Party
Lottery. "MUSL Finance and Audit Committee" shall mean the committee of that
name established by the MUSL Board.
(6) "MUSL Annuity Factor" shall mean the
annuity factor as determined by the MUSL central office through a method
approved by the MUSL Finance and Audit Committee and which is used as described
in this rule.
(7) "Pari-Mutuel" or
"pari-mutuel" as used in this section shall mean wagered funds that are pooled
and then paid in equal shares to the holders of winning Plays as described in
this section and the MUSL Rules.
(8) "Party Lottery" means a state lottery or
lottery of a political subdivision or entity that has joined MUSL and is
authorized to sell the Powerball game. "Licensee Lottery" shall mean a state
lottery or lottery of a governmental unit, political subdivision, or entity
thereof that is not a Party Lottery but has agreed to comply with all
applicable MUSL and Product Group requirements and has been authorized by the
MUSL and by the Powerball Product Group to sell the Powerball game. "Selling
Lottery" or "Participating Lottery" shall mean a lottery authorized by the
Product Group to sell Plays, including Party Lotteries and Licensee
Lotteries.
(9) "Play" means the six
(6) numbers, the first five (5) from a field of sixty-nine (69) numbers and the
last one (1) from a field of twenty-six (26) numbers, that appear on a ticket
and are to be played by a player in the Powerball game.
(A) "Powerball Plays" (PB Plays) shall refer
to Plays purchased as part of the Powerball game, but shall not include Power
Play Plays.
(B) "Power Play Plays"
shall refer to Plays purchased as part of the Power Play promotion described in
subsection (k) of this section.
(10) "Power Play" shall refer to the Power
Play promotion as described in subsection (k) of this section.
(11) "Powerball Group" or "Product Group"
means the MUSL member group of lotteries which have joined together to offer
the Powerball product pursuant to the terms of the Multi-State Lottery
Agreement and the Powerball Group's rules, including the MUSL Powerball Drawing
Procedures. In this rule, wherever either term is used it is referring to the
MUSL Powerball Group.
(12) "Prize"
means an amount paid to a person or entity holding a winning ticket.
(A) "The Grand Prize" shall refer to the top
prize in the Powerball game.
(B)
The Advertised Grand Prize shall mean the estimated annuitized Grand Prize
amount as determined by the MUSL Central Office by use of the MUSL Annuity
Factor and communicated through the Selling Lotteries prior to the Grand Prize
Drawing. The Advertised Grand Prize is not a guaranteed prize amount and the
actual Grand Prize amount may vary from the advertised amount, except in
circumstances where there is a guaranteed Grand Prize amount as described in
paragraph (6) of subsection (f) of this section.
(C) The "Set Prize" or "low-tier prize" means
all other prizes, except the Grand Prize, and, except in instances outlined in
this section, will be equal to the prize amount established by the Product
Group for the prize level.
(13) "Terminal" means a device authorized by
the commission for the purpose of issuing Powerball game tickets and as defined
in §
401.301(General Definitions) of
this chapter.
(14) "Winning
Numbers" means the numbers randomly selected during a Drawing event which shall
be used to determine the winning Plays for the Powerball game or the Powerball
game promotion being drawn.
(c) Game Description.
(1) Powerball Game. Powerball is a five (5)
out of sixty-nine (69) plus one (1) out of twenty-six (26) numbers lottery game
drawn on the days specified by the MUSL Powerball Group and announced by the
executive director, as part of the Powerball Drawing, which pays the Grand
Prize, at the election of the player made in accordance with this section, or
by a default election made in accordance with this section, either on an
annuitized pari-mutuel basis or as a single lump sum payment of the total
funding held in the Grand Prize Pool for the winning Drawing on a pari-mutuel
basis. Except as provided in this section, all other prizes are paid on a
single payment basis.
(A) Powerball Winning
Numbers applicable to determine Powerball prizes will be determined in the
Powerball Drawing. During the Powerball Drawing, five (5) numbers shall be
drawn from the first set of sixty-nine (69) and one (1) number shall be drawn
from the second set of twenty-six (26) numbers, which shall constitute the
Powerball Winning Numbers.
(B) To
play Powerball, a player shall select five (5) different numbers, from one (1)
through sixty-nine (69) and one (1) additional number from one (1) through
twenty-six (26), or request the retailer to generate a Quick Pick selection of
numbers from the lottery terminal. The additional number may be the same as one
of the first five numbers selected by the player.
(C) Powerball Plays can be purchased for two
dollars (U.S. $2.00), including any specific statutorily-mandated tax of a
Selling Lottery to be included in the price of a PB Play. PB Plays may be
purchased from a Selling Lottery approved sales outlet in a manner as approved
by the Selling Lottery and in accordance with MUSL Rules.
(2) Claims. A ticket shall be the only proof
of a game Play or Plays and is subject to the validation requirements set forth
in subsection (g) of this section. The submission of a winning ticket to the
issuing Selling Lottery or its authorized agent shall be the sole method of
claiming a prize or prizes. A playslip has no pecuniary or prize value and
shall not constitute evidence of Play purchase or of numbers selected. A
terminal-produced paper receipt has no pecuniary or prize value and shall not
constitute evidence of Play purchase or of numbers selected.
(3) Cancellations Prohibited. In all
instances, a Play recorded on the Lottery gaming system may not be voided or
cancelled by returning the ticket to the selling agent or to the commission,
including tickets that are misprinted, illegible, printed in error, or for any
reason not successfully transferred to an authorized selling entity or player.
A Selling Lottery may develop an approved method of compensating retailers for
Plays that are not transferred to a player for a reason acceptable to the
Selling Lottery and not prohibited by the Powerball Product Group. No Play that
is eligible for a prize can be returned to the commission for credit. Plays
accepted by retailers as returned Plays and which cannot be re-sold shall be
deemed owned by the bearer thereof.
(4) Subscription Sales. A subscription sales
program may be offered, at the discretion of the executive director.
(5) Maximum Purchase. The maximum number of
consecutive Drawings on a single PB Play purchase is ten (10), including Power
Play Plays if purchased.
(d) Powerball Prize Pool.
(1) Powerball Prize Pool.
(A) The prize pool for all Powerball prize
categories shall consist of fifty percent (50%) of each Drawing period's
Powerball sales, inclusive of any specific statutorily-mandated tax of a
Selling Lottery to be included in the price of a PB Play, and including
contributions to the prize pool accounts and prize reserve accounts.
(B) Powerball Prize Pool Accounts and Prize
Reserve Accounts. The Product Group shall set the contribution rates to the
prize pool and to one or more prize reserve or pool accounts established by the
MUSL Powerball Group Rules.
(i) Prize Reserve
Accounts. The Product Group has established the following prize reserve
accounts for the Powerball game: the Powerball Prize Reserve Account (PRA),
which is used to guarantee the payment of valid, but unanticipated, Grand Prize
claims that may result from a system error or other reason, or to fund
Guaranteed Grand Prizes per subsection (f)(6)(E) of this section; and the
Powerball Set Prize Reserve Account (SPRA), which is used to fund deficiencies
in low-tier Powerball prize payments, subject to the limitations of the MUSL
rules.
(ii) Prize Pool Accounts.
The Product Group has established the following prize pool accounts for the
Powerball game: the Grand Prize Pool, which is used to fund the current Grand
Prize; the Powerball Set Prize Pool, which is used to fund the Powerball Set
Prizes; the Powerball Set-Aside Pool, which is used to fund the payment of the
awarded minimum starting annuity Grand Prizes and minimum annuity Grand Prize
increase, if necessary (subject to the limitations in the MUSL Powerball Group
Rules), as may be set by the Product Group; and the Grand Prize Carry Forward
Pool (GPCFP), which is used to fund the starting minimum annuity Grand Prize,
as may be set by the Product Group, if such funds are available, and if sales
do not fund the Grand Prize. The Power Play Prize Pool is described in
subsection (k)(4) of this section. The Powerball Set Prize Pool shall hold the
temporary balances that may result from having fewer than expected winners in
the Powerball Set Prize (aka low-tier prize) categories and the source of the
Powerball Set Prize Pool is the Party Lottery's weekly prize contributions less
actual Powerball Set Prize liability.
(iii) The above prize reserve accounts, the
GPCFP and the Set-Aside Pool shall have maximum balance amounts or balance
limiter triggers that are set by the Product Group and are detailed in the
Comments to the MUSL Rule. The maximum balance amounts and balance limiter
triggers are subject to review by the MUSL Board Finance and Audit Committee.
The Finance and Audit Committee shall have two weeks to state objections, if
any, to the approved maximum balance amounts or balance limiter triggers.
Approved maximum balance amounts or balance limiter triggers shall become
effective no sooner than two weeks after notice is given to the Finance and
Audit Committee and no objection is stated or sooner if the Committee
affirmatively approves the maximum balance amounts or balance limiter triggers.
The Group may appeal the Committee's objections to the full Board. Group
approved changes in the maximum balance amounts or balance limiter triggers set
by the Product Group shall be effective only after the next Grand Prize
win.
(iv) The maximum contribution
rate to the Grand Prize Pool shall be 68.0131% of the prize pool (34.0066% of
sales) except as provided in subsection (f)(6)(E) of this section. An amount up
to five percent (5%) of a Party Lottery's sales shall be deducted from a Party
Lottery's Grand Prize Pool contribution and placed in trust in one or more
prize pool accounts and prize reserve accounts held by the Product Group
(hereinafter the "prize pool and reserve deduction") at any time that the prize
pool accounts and Party Lottery's share of the prize reserve accounts is below
the amounts designated by the Product Group. An additional amount up to twenty
percent (20%) of a Party Lottery's sales shall be deducted from a Party
Lottery's Grand Prize Pool contribution and placed in trust in the GPCFP to be
held by the Product Group at a time as determined by the Product
Group.
(v) The Product Group may
determine to expend all or a portion of the funds in the Powerball prize pool
accounts (except the Powerball Grand Prize Pool account and the GPCFP) and the
prize reserve accounts:
(1) for the purpose
of indemnifying the Selling Lotteries for the payment of prizes to be made by
the Selling Lottery; and,
(2) for
the payment of prizes or special prizes in the game, limited to prize pool and
prize reserve contributions from lotteries participating in the special prize
promotion, subject to the approval of the Board's Finance and Audit Committee
or that Committee's failure to object after given two weeks' notice of the
planned action, which actions may be appealed to the full MUSL Board by the
Product Group. The GPCFP may only be expended to fund the starting minimum
annuity Grand Prize.
(vi)
The prize reserve shares of a Party Lottery may be adjusted with refunds to the
Party Lottery from the prize reserve account(s) as may be needed to maintain
the approved maximum balance and sales percentage shares of the Party
Lotteries.
(vii) A Party Lottery
may contribute to its sales percentage share of prize reserve accounts over
time, but in the event of a draw down from a prize reserve account, a Party
Lottery is responsible for its full sales percentage share of the prize reserve
account, whether or not it has been paid in full.
(viii) Any amount remaining in the Powerball
prize pool accounts or prize reserve accounts when the Product Group declares
the end of this game shall be returned to the lotteries participating in the
accounts after the end of all claim periods of all Selling Lotteries, carried
forward to a replacement game or otherwise expended in a manner at the election
of the individual Members of the Product Group in accordance with jurisdiction
statute.
(2)
Expected Powerball Prize Payout Percentages. The Grand Prize payout shall be
determined on a pari-mutuel basis. Except as otherwise provided in this
section, all other prizes awarded shall be paid as single payment set cash
prizes. All prize payouts are made with the following expected prize payout
percentages, although the prize payout percentage per draw may vary:
(A) The prize money allocated to the
Powerball Grand Prize category shall be divided on a pari-mutuel basis by the
number of PB Plays winning the Powerball Grand Prize.
(B) Powerball Set Prize Pool Carried Forward.
For Party Lotteries, the Powerball Set Prize Pool (for single payment prizes of
$1,000,000 or less) shall be carried forward to subsequent draws if all or a
portion of it is not needed to pay the Powerball Set Prizes awarded in the
current draw.
(C) Pari-Mutuel
Powerball Prize Determinations. Except as otherwise provided, if the total of
the Powerball Set Prizes (as multiplied by the respective Power Play
multiplier, if applicable) awarded in a Drawing exceeds the percentage of the
prize pool allocated to the Powerball Set Prizes, then the amount needed to
fund the Powerball Set Prizes, including Power Play prizes, awarded shall be
drawn first from the amount available in the Powerball Set Prize Pool and the
Power Play Prize Pool, if any; second from the SPRA, if available, not to
exceed forty million dollars ($40,000,000.00) per Drawing; and, third from
other amounts as agreed to by the Product Group in their sole
discretion.
(D) If, after these
sources are depleted, there are not sufficient funds to pay the Set Prizes
awarded, including Power Play Prizes, then the highest Set Prize shall become a
pari-mutuel prize. If the amount of the highest Set Prize, when paid on a
pari-mutuel basis, drops to or below the next highest Set Prize and there are
still not sufficient funds to pay the remaining Set Prizes awarded, then the
next highest Set Prize, including Power Play prizes, shall become a pari-mutuel
prize. This procedure shall continue down through all Set Prize levels, if
necessary, until all Set Prize levels become pari-mutuel prize levels. In that
instance, the money available from the funding sources listed in this rule
shall be divided among the winning PB Plays in proportion to their respective
prize percentages. Powerball Set Prizes and Power Play Prizes will be reduced
by the same percentage.
(E) By
agreement, the Licensee Lotteries shall independently calculate their Set Prize
pari-mutuel prize amounts. The Party Lotteries and the Licensee Lotteries shall
then agree to set the pari-mutuel prize amounts for all lotteries selling the
game at the lesser of the independently-calculated prize amounts.
(e)
Probability of Winning Powerball Plays. The following table sets forth the
probability of winning PB Plays and the probable distribution of winning PB
Plays in and among each prize category, based upon the total number of possible
combinations in the Powerball game. The Set Prize Amount shall be the prizes
set for all Selling Lotteries unless prohibited or limited by a jurisdiction's
statute or judicial requirements.
(f)
Powerball Prize Payment.
(1) Powerball Grand
Prizes. The Advertised Grand Prize in a Powerball game is not a guaranteed
amount; it is an estimated amount, and all advertised prizes, even advertised
Set Prizes, are estimated amounts. At the time of ticket purchase, a player
must select a payment option of either a single lump sum payment (cash value
option or CVO) or annuitized payments (Annuity) of a share of the Grand Prize
if the PB Play is a winning Play. If no selection is made, payment option will
be as described in the chart below:
(A) A player's selection of the payment
option at the time of purchase is final and cannot be revoked, withdrawn, or
otherwise changed.
(B) The Grand
Prize available in the Grand Prize Pool shall be determined on a pari-mutuel
basis among all winning PB Plays of the Grand Prize. A player(s) who elects a
cash value option payment shall be paid their share(s) in a single lump sum
payment. The annuitized option prize shall be determined by multiplying the
winning Play's share of the Grand Prize Pool by the annuity factor established
in accordance with Texas law and the rules of the Texas Comptroller of Public
Accounts. The MUSL Annuity Factor will not be used for Texas Lottery players.
Neither MUSL nor any Selling Lottery shall be responsible or liable for changes
in the advertised or estimated annuity prize amount and the actual amount
purchased after the prize payment method is actually known to MUSL.
(C) In certain instances announced by the
Powerball Group, the Grand Prize shall be a guaranteed amount and shall be
determined pursuant to paragraph (6) of this subsection.
(D) If individual shares of the Grand Prize
Pool funds held to fund an annuity is less than $250,000.00, the Powerball
Group, in its sole discretion, may elect to pay the winners their share of the
funds held in the Grand Prize Pool. All annuitized prizes shall be paid
annually in thirty (30) payments with the initial payment being made in a
single payment, to be followed by twenty-nine (29) payments funded by the
annuity.
(E) All annuitized prizes
shall be paid annually in thirty (30) graduated payments, as provided by the
MUSL rules, (increasing each year) at a rate as determined by the MUSL Product
Group. Prize payments may be rounded down to the nearest one thousand dollars
($1,000).
(F) Funds for the initial
payment of an annuitized prize or the lump sum cash value option payment shall
be made available by MUSL for payment by the Selling Lottery no earlier than
the fifteenth calendar day (or the next banking day if the fifteenth day is a
holiday) following the Drawing. If necessary, when the due date for the payment
of a prize occurs before the receipt of funds in the prize pool trust
sufficient to pay the prize, the transfer of funds for the payment of the full
lump sum cash value option payment amount may be delayed pending receipt of
funds from the Selling Lotteries. The identification of the securities to fund
the annuitized prize shall be at the sole discretion of the State of Texas. If
the State of Texas purchases the securities, or holds the prize payment annuity
for a Powerball prize won in this state, the prize winner will have no recourse
on the MUSL or any other Party Lottery for payment of that prize.
(2) Payment of Prize
Payments upon the Death of a Prize Winner. In the event of the death of a prize
winner, payments may be made in accordance with §
401.310 of this chapter (relating
to Payment of Prize Payments Upon Death of Prize Winner), otherwise, payment of
prize payments will be made to the estate of a deceased prize winner in
accordance with Texas Government Code §
466.406.
(3) Powerball Prize Payments. All prizes
shall be paid through the Selling Lottery that sold the winning Play(s). All
low-tier cash prizes (all prizes except the Grand Prize) shall be paid in cash
or warrants in accordance with Texas statutes and these rules. A Selling
Lottery may begin paying low-tier cash prizes after receiving authorization to
pay from the MUSL central office.
(4) Powerball Prizes Rounded. Annuitized
payments of the Grand Prize or a share of the Grand Prize may be rounded to
facilitate the purchase of an appropriate funding mechanism. Breakage on an
annuitized Grand Prize win shall be added to the first cash payment to the
winner or winners. Prizes other than the Grand Prize, which, under this
section, may become single-payment, pari-mutuel prizes, may be rounded down so
that prizes can be paid in multiples of whole dollars. Breakage resulting from
rounding these prizes shall be carried forward to the prize pool for the next
Drawing.
(5) Powerball Prize
Rollover. If the Grand Prize is not won in a Drawing, the prize money allocated
for the Grand Prize shall roll over and be added to the Grand Prize Pool for
the following Drawing.
(6)
Guaranteed Powerball Prizes. The Powerball Group may offer guaranteed minimum
Grand Prize amounts or minimum increases in the Grand Prize amount between
Drawings or make other changes in the allocation of prize money where the
Powerball Group finds that it would be in the best interest of the game. If a
minimum Grand Prize amount or a minimum increase in the Grand Prize amount
between Drawings is offered by the Powerball Group, then the Grand Prize shares
shall be determined as follows:
(A) If there
are multiple Grand Prize winning PB Plays during a single Drawing, each
selecting the annuitized option prize, then a winning PB Play's share of the
guaranteed annuitized Grand Prize shall be determined by dividing the
guaranteed annuitized Grand Prize by the number of Grand Prize winning PB
Plays.
(B) If there are multiple
Grand Prize winning PB Plays during a single Drawing and at least one of the
Grand Prize ticket holders has elected the annuitized option prize, then the
MUSL Annuity Factor may be utilized to determine the cash pool. The cost of the
annuitized prize(s) will be determined at the time the annuity is purchased
through a process as approved by the MUSL Board. If the annuitized option prize
is selected by a Texas Lottery player, the amount shall be determined by
multiplying the winning PB Play's share of the Grand Prize Pool by the annuity
factor established in accordance with Texas law and the rules of the Texas
Comptroller of Public Accounts. The MUSL Annuity Factor will not be used for
Texas Lottery players.
(C) If there
are multiple Grand Prize winning PB Plays during a single Drawing, and no
claimant of the Grand Prize has elected the annuitized option prize, then the
amount of cash in the Grand Prize Pool shall be an amount equal to the
guaranteed annuitized amount divided by the MUSL Annuity Factor.
(D) Minimum guaranteed prizes or increases
may be waived upon approval of the Powerball Group if the alternate funding
mechanism set out in subsection (d)(2)(D) of this section becomes
necessary.
(E) Funding of Guaranteed
Grand Prizes. If the amount in the GPP, GPCFP and SAP and contributions from
Licensee Lotteries who are not participating in the PRA are insufficient to
fund the amount required by awarded Guaranteed Grand Prize(s), then the PRA,
and thereafter contributions from individual Member Lotteries and Licensee
Lotteries participating in the PRA, may be required to fund Guaranteed Grand
Prize award deficiencies. Contributions from the PRA shall first be utilized,
and then contributions from individual Member Lotteries and Licensee Lotteries
participating in the PRA, if necessary. Contributions required from the PRA or
from Member Lotteries and Licensee Lotteries participating in the PRA shall be
determined on a pro rata basis based on sales since the most recent Grand Prize
win.
(7) Limited to
Highest Powerball Prize Won. The holder of a winning PB Play may win only one
(1) prize per PB Play in connection with the Winning Numbers drawn, and shall
be entitled only to the prize won by those numbers in the highest matching
prize category. All liabilities for a Powerball game or Powerball game
promotional prize are discharged upon payment of a prize claim.
(8) Powerball Prize Claim Period. Prizes must
be claimed no later than 180 days after the draw date.
(g) Play Validation. To be a valid Play and
eligible to receive a prize, a Play's ticket shall satisfy all the requirements
established by the commission for validation of winning tickets sold through
its lottery gaming system and any other validation requirements adopted by the
Powerball Group, the MUSL Board, and published as the Confidential MUSL Minimum
Game Security Standards. The MUSL and the Selling Lotteries shall not be
responsible for tickets which are altered in any manner.
(1) Under no circumstances will a claim be
paid for any prize without an official ticket matching all game Play, serial
number and other validation data residing in the selling Party Lottery's
lottery gaming system and such ticket shall be the only valid proof of the
wager placed and the only valid evidence for purposes of claiming or redeeming
such prize.
(2) In addition to the
above condition, in order to be deemed a valid winning Play, all of the
following conditions must be met:
(A) The
validation data must be present in its entirety and must correspond, using the
computer validation file, to the number selections printed on the ticket for
the applicable Drawing date(s).
(B)
The ticket must be intact.
(C) The
ticket must not be mutilated, altered, reconstituted, or tampered with in any
manner.
(D) The ticket must not be
counterfeit or an exact duplicate of another winning ticket.
(E) The ticket must have been issued by an
authorized sales agent, selling agent or retailer on official Texas Lottery
paper stock, or, for third-party point-of-sale systems approved by the
commission, printed on paper stock or otherwise issued in a manner approved by
the commission to provide tangible evidence of participation in a lottery
game.
(F) The ticket must not have
been stolen, to the knowledge of the commission.
(G) The Play data must have been recorded on
the commission's lottery gaming system prior to the Drawing and the Play data
must match this lottery record in every respect. In the event of a conflict
between information as printed on the ticket and as accepted by the
commission's lottery gaming system, the wager accepted by the commission's
lottery gaming system shall be the valid wager.
(H) The player or Quick Pick number
selections, validation data and the Drawing date(s) of an apparent winning Play
must appear in the official file of winning Plays, and a Play with that exact
data must not have been previously paid.
(I) The play must not be misregistered, and
the Play's ticket must not be defectively printed or printed or produced in
error to an extent that it cannot be processed by the commission.
(J) In submitting a Play for validation, the
claimant agrees to abide by applicable laws, all rules and regulations,
instructions, conditions and final decisions of the executive
director.
(K) There must not be any
other breach of the Powerball Game Rules in relation to the Play that, in the
opinion of the executive director, justifies invalidation.
(L) The Play must be submitted to the Selling
Lottery that issued it.
(3) A Play submitted for validation that
fails any of the validation conditions shall be considered void, subject to the
following determinations:
(A) In all cases of
doubt, the determination of the commission shall be final and binding; however,
the commission may, at its option, replace an invalid Play with a Play of
equivalent sales price;
(B) In the
event a defective ticket is purchased or in the event the commission determines
to adjust an error, the claimant's sole and exclusive remedy shall be the
replacement of such defective or erroneous ticket(s) with a Play of equivalent
sales price;
(C) In the event a
Play is not paid by the commission and a dispute occurs as to whether the Play
is a winning Play, the commission may, at its option, replace the Play as
provided in subparagraph (A) of this paragraph. This shall be the sole and
exclusive remedy of the claimant.
(h) Ticket Responsibility.
(1) Signature. Until such time as a signature
is placed upon a ticket in the area designated for signature, a ticket shall be
owned by the bearer of the ticket. When a signature is placed on the ticket in
the place designated, the person whose signature appears in such area shall be
the owner of the ticket and shall be entitled (subject to the validation
requirements in subsection (g) of this section (Ticket Validation) and state or
district law) to any prize attributable thereto.
(2) Multiple Claimants. The issue of multiple
claimants shall be handled in accordance with Texas Government Code Chapter 466
and §
401.304 of this chapter.
(3) Stolen Tickets. The Powerball Group, the
MUSL and the Party Lotteries shall not be responsible for lost or stolen
tickets.
(4) Prize Claims. Prize
claim procedures shall be governed by the rules of the commission as set out in
§
401.304 of this subchapter and any
internal procedures used by the commission. The MUSL and the Party Lotteries
shall not be responsible for prizes that are not claimed following the proper
procedures as determined by the Selling Lottery.
(5) The MUSL and the Participating Lotteries
shall not be responsible to a prize claimant for Plays redeemed in error by a
selling agent, sales agent or retailer.
(6) Winning Plays are determined by the
numbers drawn and certified by the independent auditor responsible for auditing
the Drawing. MUSL and the Participating Lotteries are not responsible for
Winning Numbers reported in error.
(i) Ineligible Players.
(1) A Play or share for a MUSL game issued by
the MUSL or any of its Selling Lotteries shall not be purchased by, and a prize
won by any such Play or share shall not be paid to:
(A) a MUSL employee, officer, or
director;
(B) a contractor or
consultant under agreement with the MUSL to review the MUSL audit and security
procedures;
(C) an employee of an
independent accounting firm under contract with MUSL to observe Drawings or
site operations and actually assigned to the MUSL account and all partners,
shareholders, or owners in the local office of the firm; or
(D) an immediate family member (parent,
stepparent, child, stepchild, spouse, or sibling) of an individual described in
subparagraphs (A), (B), and (C) of this paragraph and residing in the same
household.
(2) Those
persons designated by a Selling Lottery's law as ineligible to play its games
shall also be ineligible to Play the Powerball game in that Selling Lottery's
jurisdiction.
(j)
Applicable Law.
(1) In purchasing a Play, as
evidenced by a ticket, or attempting to claim a prize, the purchasers and prize
claimants agree to comply with and abide by all applicable laws, rules,
regulations, procedures, and decisions of the Selling Lottery where the ticket
was purchased, and by directives and determinations of the director of that
Party Lottery.
(2) A prize claimant
agrees, as its sole and exclusive remedy, that claims arising out of a
Powerball game or a Powerball game promotion (as described in this section) can
only be pursued against the Selling Lottery which issued the Play. Litigation,
if any, shall only be maintained within the jurisdiction in which the Play was
purchased and only against the Selling Lottery that issued the Play. No claim
shall be made against any other Participating Lottery or against the
MUSL.
(3) Nothing in these Rules
shall be construed as a waiver of any defense or claim the Selling Lottery
which issued the Play, any other Participating Lottery or MUSL may have in any
litigation, including in the event a player or prize claimant pursues
litigation against the Selling Lottery, any other Participating Lottery or
MUSL, or their respective officers, directors or employees.
(4) All decisions made by a Selling Lottery,
including the declaration of prizes and the payment thereof and the
interpretation of Powerball Rules, shall be final and binding on all Play
purchasers and on every person making a prize claim in respect thereof, but
only in the jurisdiction where the Play was issued.
(5) Unless the laws, rules, regulations,
procedures, and decisions of the Lottery which issued the Play provide
otherwise, no prize shall be paid upon a Play purchased, claimed or sold in
violation of the MUSL Powerball Rules or the laws, rules, regulations,
procedures, and decisions of that Selling Lottery; any such prize claimed but
unpaid shall constitute an unclaimed prize under these Rules and the laws,
rules, regulations, procedures, and decisions of that Selling
Lottery.
(k) Powerball
Special Game Rules: Powerball Power Play®.
(1) Power Play Description. The Powerball
Power Play is a promotional limited extension of the Powerball game and is
conducted in accordance with the Powerball game rules and other lottery rules
applicable to the Powerball game except as may be amended herein. Power Play
will begin at a time announced by the commission and will continue until
discontinued by the commission. Power Play will offer to the owners of a
qualifying Play a chance to increase the amount of any of the eight Low-Tier
Set Prizes (the Low-Tier prizes normally paying $4 to $1,000,000) won in a
Power Play Drawing. The Grand Prize is not a Set Prize and will not be
increased. MUSL will conduct a separate random "Power Play" Drawing and
announce results during each of the regular Powerball Drawings held during the
promotion. During each Power Play Drawing a single number (2, 3, 4, 5 and
sometimes 10) shall be drawn. The ten (10X) multiplier shall be available for
all Drawings in which the initially Advertised Grand Prize amount is one
hundred fifty million dollars ($150,000,000.00) or less. The probability of the
possible Power Play numbers being drawn is indicated in Figure 16 TAC §
401.317(k)(4)(D).
The Powerball Group may modify the multiplier features for special promotions
from time to time.
(2) Qualifying
Play. A qualifying Play is any single PB Play for which the player pays an
extra dollar ($1.00) for the Power Play option and which is recorded at the
commission's lottery gaming system as a qualifying Power Play Play.
(3) Prizes to be Increased. Except as
provided in the MUSL Powerball game rules and this section, a qualifying Play
which wins one of the seven lowest Set Prizes (excluding the Match 5 + 0) will
be multiplied by the number drawn, either two (2), three (3), four (4), five
(5), or sometimes ten (10), in a separate random Power Play Drawing announced
during the official Powerball Drawing show. The ten (10X) multiplier will be
available for Drawings in which the initially advertised annuitized Grand Prize
amount is one hundred fifty million dollars ($150,000,000.00) or less. The
announced Match 5+0 prize, for players selecting the Power Play option, shall
be paid two million dollars ($2,000,000.00) unless a higher limited promotional
dollar amount is announced by the Powerball Group.
(4) Prize
Pool.
(A) Power Play Prize Pool. The Power
Play Prize Pool is created to be used to fund Power Play Prizes and shall hold
the temporary balances that may result from having fewer than expected winners
in the Power Play. The source of the Power Play Prize Pool is the Party
Lottery's weekly prize contributions less actual Power Play Prize liability. In
total, fifty percent (50%) of each draw's sales shall be collected for the
payment of prizes.
(i) In Drawings where the
ten (10X) multiplier is available, the expected payout for all prize categories
shall consist of up to forty-nine and nine hundred sixty-nine thousandths
percent (49.969%) of each Drawing period's sales, including any specific
statutorily mandated tax of a Selling Lottery to be included in the price of a
lottery Play. In Drawings where the ten (10X) multiplier is not available, the
expected payout for all prize categories shall consist of up to forty-five and
nine hundred thirty-four thousandths percent (45.934%) of each Drawing period's
sales, including any specific statutorily mandated tax of a Selling Lottery to
be included in the price of a lottery Play.
(ii) In Drawings where the ten (10X)
multiplier is available, an additional thirty-one thousandths percent (0.031%)
of each Drawing period's sales, including any specific statutorily mandated tax
of a Selling Lottery to be included in the price of a lottery ticket, may be
collected and placed in trust in the Power Play Prize Pool, for the purpose of
paying Power Play prizes. In drawings where the ten (10X) multiplier is not
available, an additional four and sixty-six thousandths percent (4.066%) of
each Drawing period's sales, including any specific statutorily mandated tax of
a Selling Lottery to be included in the price of a lottery ticket, may be
collected and placed in trust in the Power Play Prize Pool, for the purpose of
paying Power Play Prizes.
(iii) The
prize payout percentage per draw may vary. The Power Play Prize Pool shall be
carried forward to subsequent draws if all or a portion of it is not needed to
pay the Power Play Prizes awarded in the current draw and held in the Power
Play Prize Pool.
(B) End
of Promotion. Any amount remaining in the Power Play Prize Pool when the
Powerball Group declares the end of this promotion shall be returned to the
lotteries participating in the account after the end of all claim periods of
all Selling Lotteries, carried forward to a replacement game or promotion, or
otherwise expended in a manner at the election of the individual Participating
Lotteries of the Product Group in accordance with jurisdiction
statute.
(C) Expected Prize Payout.
Except as provided in this section, all prizes awarded shall be paid as single
payment cash prizes. Instead of the Powerball Set Prize amounts, qualifying
winning Plays of Power Play will pay the amounts shown in paragraph (3) of this
subsection, above. In certain rare instances, the Powerball Set Prize amount
may be less than the amount shown in Figure: 16 TAC §
401.317(k)(3). In
such case, the eight lowest Power Play Prizes will be changed to an amount
announced after the draw. For example, if the Match 4+1 Powerball Set Prize
amount of $50,000 becomes $25,000 under the rules of the Powerball game, and a
5X Power Play Multiplier is drawn, then a Power Play winning Play prize amount
would win $125,000.
(D) Probability
of Power Play Numbers Being Drawn. The following table sets forth the
probability of the various Power Play numbers being drawn during a single
Powerball Power Play Drawing. The Powerball Group may elect to run limited
promotions that may modify the multiplier features. Power Play does not apply
to the Powerball Grand Prize. Except as provided in subparagraph (C) of this
paragraph, a Power Play Match 5 + 0 prize is set at two million dollars
($2,000,000.00), regardless of the multiplier selected.
(5) Limitations on Payment of
Power Play Prizes.
(A) Prize Pool Carried
Forward. The prize pool percentage allocated to the Power Play Set Prizes shall
be carried forward to subsequent draws if all or a portion of it is not needed
to pay the Set Prizes awarded in the current draw.
(B) Pari-Mutuel Prizes--All Prize Amounts. If
the total of the original Powerball Set Prizes and the Power Play Prizes
awarded in a Drawing exceeds the percentage of the prize pools allocated to the
Set Prizes, then the amount needed to fund the Set Prizes (including the Power
Play prize amounts) awarded shall first come from the amount available in the
Set Prize Pool and the Power Play Prize Pool, if any, second from the Powerball
Group's Set Prizes Reserve Account, if available, not to exceed forty million
dollars ($40,000,000.00) per Drawing, and third from other amounts as agreed to
by the Powerball Group in their sole discretion.
(C) If, after these sources are depleted,
there are not sufficient funds to pay the Set Prizes awarded (including Power
Play prize amounts), then the highest Set Prize (including the Power Play prize
amounts) shall become a pari-mutuel prize. If the amount of the highest Set
Prize, when paid on a pari-mutuel basis, drops to or below the next highest Set
Prize and there are still not sufficient funds to pay the remaining Set Prizes
awarded, then the next highest Set Prize, including the Power Play prize
amount, shall become a pari-mutuel prize. This procedure shall continue down
through all Set Prizes levels, if necessary, until all Set Prize levels become
pari-mutuel prize levels. In that instance, the money available from the
funding sources listed in this section shall be divided among the winning Plays
in proportion to their respective prize percentages. Powerball and Power Play
prizes will be reduced by the same percentage. By agreement, the Licensee
Lotteries shall independently calculate their set pari-mutuel prize amounts,
including the Power Play prize amounts. The Party Lotteries and the Licensee
Lotteries shall then agree to set the pari-mutuel prize amounts for all
lotteries selling the game at the lesser of the independently-calculated prize
amounts.
(6) Prize
Payment.
(A) Prize Payments. All Power Play
prizes shall be paid in a single payment through the Selling Lottery that sold
the winning Power Play Play(s). A Selling Lottery may begin paying Power Play
prizes after receiving authorization to pay from the MUSL central
office.
(B) Prizes Rounded. Prizes,
which, under these rules, may become pari-mutuel prizes, may be rounded down so
that prizes can be paid in multiples of whole dollars. Breakage resulting from
rounding these prizes shall be carried forward to the prize pool for the next
Drawing.
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.