Current through Register Vol. XXXIX, No. 11, March 18, 2022
Director may select, operate and contract to and for the operation of instant
games which meet the criteria generally set forth in this section.
Instant game criteria.
5.2.a. The price of an instant game ticket
shall not be more than $20.00 except by special promotions authorized by the
5.2.b. Winners of an
instant game are determined by the matching or specified alignment of the play
numbers, digits and symbols on the tickets. The ticket bearer shall notify the
Lottery of the win and submit the winning ticket to the Lottery as specified by
the Director. The winning ticket shall be validated by the Lottery through the
use of the validation number and any other means as specified by the
5.2.c. The instant game
shall be designed to pay out prizes in amounts on a numerical frequency to be
determined by the Director.
The duration of ticket sales for an instant game shall be determined by the
Director. The start date and closing date of the instant game shall be publicly
5.2.e. The frequency of
drawing and the method of selection of a winner in any instant game shall be
determined by the Director in specific game rules.
5.2.f. At the Director's discretion, an
instant game may include a special prize drawing or drawings as well as other
methods of awarding the moneys accumulated in the unclaimed prize fund which
will also stimulate the broad variety of games offered by the West Virginia
Lottery. The Director shall follow Commission procedure for the payment of
additional prizes from the unclaimed prize fund within the game rules
for claiming instant prizes are as follows:
5.2.g.1. A claimant shall present the winning
ticket for a prize of $600 or less to any lottery retailer or licensed lottery
sales agent or mail the signed ticket to the Director. The lottery retailer or
licensed lottery sales agent shall verify the claim and, if the claim is a
valid winner, make payment of the amount due the claimant. In the event the
lottery retailer or licensed lottery sales agent cannot verify the claim, the
claimant shall fill out a claim form, as provided by the Director, which may be
obtained from any lottery retailer or licensed lottery sales agent and present
or mail the completed form, together with the disputed ticket to the Director.
A check shall be forwarded to the claimant in payment of the amount due if the
claim is validated by the Director. In the event that the claim is not
validated by the Director, the claimant shall be promptly notified that his or
her claim is denied.
claimant of a prize of more than $600 shall complete a claim form and mail or
present the form together with the winning ticket to the Director. Upon
validation by the Director, a check shall be forwarded to the claimant in
payment of the amount due, less any applicable federal and state income tax
withholdings and less any withholding requested by the child support
enforcement division. In the event that the claim is not validated by the
Director, the claim shall be denied and the claimant shall be notified within
five (5) days of the determination.
5.2.g.3. Any ticket not passing all the
validation checks specified by the Director is invalid and ineligible for any
prize and shall not be paid. However, the Director may, solely at his or her
option, replace an invalid ticket with an unplayed ticket or tickets of
equivalent sales price from any other current game or issue a refund of the
sales price. In the event a defective ticket is purchased, the only
responsibility or liability of the Director is the replacement of the defective
ticket with another unplayed ticket or tickets of equivalent sale price from
any other current game.
5.3. Confidentiality of tickets. No licensed
lottery sales agent or lottery retailer or its employees or agents shall
attempt to ascertain the numbers or symbols appearing in the designated areas
under the removable latex coverings or otherwise attempt to identify winning
tickets by any means.
Director is not required to provide Commission members with copies of specific
rules for instant games.
Official end of game.
5.5.a. The Director
shall announce the official end of each instant game. A player may submit a
winning ticket of $600 or less to the licensed lottery sales agent or lottery
retailer from whom the ticket was purchased or to the Lottery's administrative
office or other designated site and a winning ticket of more than $600 to the
Lottery's administrative office or other designated site for prize payment up
to one hundred eighty (180) days after the official end of game. In order to
participate in a special prize drawing, a player shall redeem a ticket which
qualifies for entry into that special prize drawing within the time limits set
forth by the Director governing the conduct of that specific game.
5.5.b. A lottery retailer or licensed lottery
sales agent may continue to sell tickets for each instant game up to one
hundred eighty (180) days after the official end of that game.
5.5.c. A licensed lottery sales agent or
lottery retailer shall return to the Lottery full packs of unsold and unopened
lottery tickets for each game within thirty (30) days of the official end of
that game in order to receive credit from the Lottery as provided for in the
licensed lottery sales agent or lottery retailer contract. The Lottery has no
obligation to grant credit for tickets returned more than thirty (30) days
after the official end of that game.
Ticket validation requirements. Any
ticket not passing all the validation requirements in this subsection and the
specific validation requirements contained in the rules for its specific game
is invalid and ineligible for any prize. To be a valid West Virginia Lottery
instant game ticket, a ticket shall meet all of the following validation
5.6.a. The ticket was issued by
the Director in an authorized manner;
5.6.b. The ticket is not be altered,
mutilated, unreadable, reconstructed, or tampered with in any manner;
5.6.c. The ticket is not counterfeit in whole
or in part;
5.6.d. The ticket is
not stolen nor appears in any list of omitted tickets on file with the
5.6.e. The ticket is
complete and not blank or partially blank, miscut, misregistered, defective, or
printed or produced in error;
5.6.f. The ticket has the correct number of
play symbols and exactly one (1) caption under each of the rub-off spots,
exactly one (1) pack-ticket number, exactly one (1) agent verification code,
exactly one (1) validation number and exactly one (1) readable bar code. The
symbols must be present in their entirety, legible, right-side up, and not
reversed in any manner;
validation number of an apparent winning ticket appears on the Lottery's
official list of validation numbers of winning tickets; and a ticket with that
validation number has not been previously paid; and,
5.6.h. The ticket passes all additional
confidential validation requirements established by the Director.
5.7. Any ticket not passing all
the validation requirements in subsection 5.6 of this section and the specific
validation requirements contained in the rules for its specific game is invalid
and ineligible for any prize.