W. Va. Code R. § 179-1-2 - Definitions

Current through Register Vol. XXXIX, No. 11, March 18, 2022

2.1. "Act" or "State Act" means the State Lottery Act, West Virginia Code § 29-22-1 et seq.

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.

2.4. "Bank" 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 Act.

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 tickets.

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 indicates otherwise.

2.11. "Game" means any individual or particular type of lottery authorized by the agency.

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 authorized.

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 gaming systems.

2.18. "On-Line 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.

2.19. "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.

2.22. "Prize" means any award, financial or otherwise, awarded by the Commission.

2.23. "Provisional 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 week.

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 winning ticket.

2.32. "Validation 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 specific game.

2.34. "Winner 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 § 29-22-9.

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 § 29-22-9.

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 § 29-22-1 et seq.

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.

Notes

W. Va. Code R. § 179-1-2