Current through Register Vol. XXXIX, No. 11, March 18, 2022
2.1. "Act" or
"State Act" means the State Lottery Act, West Virginia Code §
2.2. "Agency" and "Lottery"
mean the State Lottery, its Director and the State Lottery Commission and its
Commissioners which operate and administer the West Virginia State Lottery,
pursuant to authority granted under the Act.
2.3. "Certification" means a multi-state
lottery association declaration of the number of winners and authorization of
the payment of prizes for the PowerBall® game and winners of any other game
offered through a multi-state lottery association of which the West Virginia
Lottery is a member.
means and includes all commercial banks, mutual savings banks, savings and loan
associations, credit unions, trust companies, and any other type or form of
banking institution organized under the authority of the State of West Virginia
or the United States of America whose principal place of business is within the
State of West Virginia and which is designated to perform banking institution
functions, activities, or service in connection with the operations of the
Lottery for the deposit and handling of lottery funds, the accounting of the
funds and the safekeeping of records.
2.5. "Certified Drawing" means a number
selection event about which the Lottery and an independent certified public
accountant attest that the drawing equipment functioned properly and that a
random selection of a winning combination occurred.
2.6. "Commission" or "State Lottery
Commission" means the State Lottery Commission created by the State Lottery
2.7. "Depository" means any
person, including a bank or state agency, performing activities or services in
connection with the operation of the Lottery for the deposit and handling of
lottery funds, the accounting for lottery funds, and the safekeeping of
2.8. "Director" means the
individual appointed by the Governor to provide management and administration
necessary to direct the Lottery office or any other person to whom the
Director's authority is lawfully delegated.
2.9. "Drawing" means the procedure determined
by the Director by which the Lottery selects the winning combination in
accordance with the game rules of the particular lottery game.
2.10. "Employee of the Agency" means a person
who is an employee of the agency and the commission unless the context clearly
means any individual or particular type of lottery authorized by the
2.12. "Instant Game" means
a game in which a ticket is purchased and upon removal of a latex covering on
the front of the ticket or the opening of the sealed ticket, the ticket bearer
determines his or her winnings, if any, which are payable upon presentation to
a lottery retailer or to the Lottery for payment.
2.13. "Instant Ticket" means a printed card
or slip purchased for participation in an instant game.
2.14. "Lottery Game" means the public gaming
system or games established and operated by the Lottery office.
2.15. "Lottery Retailer" or "Retailer" means
any person licensed by the Commission to sell and dispense instant tickets and
materials or lottery games, not to include operation of electronic computer
terminals in lottery sales and dispensing, unless otherwise
2.16. "Licensed Lottery
Sales Agent" means any person licensed by the Commission to sell and dispense
lottery tickets and materials, and to operate electronic terminals and lottery
games for sales and dispensing.
2.17. "Lottery Ticket" or "Tickets" means
tickets or other tangible evidence of participation used in lottery games or
Game" means a lottery game in which a player pays a fee to a lottery agent and
selects a combination of digits, numbers, or symbols, the type and amount of
play, and the drawing date, and receives a computer-generated ticket with those
selections printed on it.
"On-Line Ticket" means a computer-generated ticket issued by a licensed lottery
sales agent to a player as a receipt for the combination of digits, numbers, or
symbols a player has selected.
2.20. "Person" means a human being,
association, corporation, club, trust, estate, society, governmental entity,
company, joint stock company, receiver, trustee, assignee, referee, and anyone
acting in a fiduciary or representative capacity, whether appointed by a court
or otherwise, and any combination of human beings.
2.21. "Play Numbers" means the numbers or
symbols appearing in the designated areas as under the removable covering on
the front of the ticket.
"Prize" means any award, financial or otherwise, awarded by the
License" means a license issued by the Commission which temporarily authorizes
a person to act as a lottery retailer or lottery sales agent pending processing
of the annual license or renewal.
2.24. "On-line Terminal" means the electronic
computer terminal through which a licensed lottery sales agent enters the
combination of digits, numbers, or symbols selected by a player and by which
on-line tickets are generated and claims are validated.
2.25. "Ticket Bearer" means the person who
has signed the ticket or has possession of the unsigned ticket.
2.26. "Ticket Number" means the preprinted
number found on the back of each ticket which identifies that particular ticket
as one (1) of a series of tickets.
2.27. "Ticket Stock Number" means the printed
number or numbers appearing on the back of each ticket.
2.28. "TRAVEL" means an on-line lottery game
based on the keno theme. The game matrix for TRAVEL is the same as for other
on-line lotto-type games, an "X-Y-Z" game, where "X" equals the numbers picked
by a lottery player, "Y" equals the numbers drawn by the lottery and "Z" equals
the field of numbers from which "X" and "Y" are drawn by the minute, day or
2.29. "Unclaimed Prize" means
the prize on a winning ticket for which no claim is made within 180 days after
the drawing or winner selection event which made the ticket a winning ticket or
180 days after the announced end of an instant game.
2.30. "Unclaimed Prize Account" means the
West Virginia Lottery account to which all unclaimed prizes are transferred
after the 180 day period specified in subsection 2.29 of this rule.
2.31. "Validation" means the process of
determining whether an instant or on-line ticket presented for payment is a
Number" means the multi-digit number found on the face of the ticket. There
must be a validation number on each ticket.
2.33. "Winner of an instant game" means the
holder of an instant lottery ticket determined to have the required match or
the specific alignment of the play numbers, digits or symbols or the required
sum of the play numbers or digits in accordance with the game rules for the
selection" means the drawing process used by the West Virginia State Lottery
Commission to select the winning numbers in on-line games with live drawings
offered to the public by the Lottery Commission, except for the on-line game
called TRAVEL which is authorized by West Virginia Code §
2.35. "Winning Combination" means numbers or
symbols chosen during the drawing process used by the West Virginia State
Lottery Commission to select the winning numbers in on-line games with live
drawings offered to the public by the Lottery Commission, except for the
on-line game called TRAVEL which is authorized by West Virginia Code §
2.36. "Bonus-Incentive Plan" means one or
more incentive plans the Commission may develop as additional compensation for
the agents and retailers. The bonuses and incentives combined may not exceed
one percent (1%) of annual gross sales from lotteries authorized pursuant to
W.Va. Code §
2.37. "Bar code validation"
means a system which allows any winning lottery ticket, printed with computer
readable bar codes, for a prize of up to $600, to be read electronically at any
Lottery location and paid by the retailer or licensed sales agent regardless of
where the player purchased the ticket.