W. Va. Code R. § 179-1-6 - On-line games

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

6.1. The Director may select, operate and contract for the operation of on-line games which meet the criteria generally set forth in this subsection.
6.1.a. The base price of an on-line ticket shall not be less than fifty cents (.50).
6.1.b. The manner and frequency of drawings may vary with the type of on-line games.
6.1.c. The times, locations, and drawing procedures shall be determined by the Director.
6.1.d. A ticket bearer entitled to a prize shall submit the winning ticket as specified by the Director. The winning ticket shall be validated by the Lottery's administrative staff or by a licensed lottery sales agent through use of the validation number and any other means as specified by the Director.
6.1.e. At the Director's discretion, an on-line 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 structure.
6.1.f. Procedures for claiming on-line prizes are as follows:
6.1.f.1. To claim an on-line game prize of six hundred dollars ($600.00) or less within one hundred eighty (180) days of the drawing the, claimant shall present the winning on-line ticket to any lottery sales agent or to the Lottery.
6.1.f.1.A. If the claim is presented to a licensed lottery sales agent, the licensed lottery sales agent shall validate the claim. If the ticket is determined to be a winning ticket, the licensed lottery sales agent shall make payment of the amount due the claimant. If the licensed lottery sales agent cannot validate the claim, the claimant may obtain and complete a claim form and submit it with the disputed ticket to the Lottery by mail or in person. Upon determination that the ticket is a winning ticket, the Lottery shall present or mail a check to the claimant in payment of the amount due. If the ticket is determined to be a nonwinning ticket, the claim shall be denied and the claimant shall be promptly notified. Nonwinning tickets shall not be returned to the claimant.
6.1.f.1.B. If the claim is presented to the Lottery, the claimant shall complete a claim form, as provided by the Director, and submit it with the winning ticket to the Lottery by mail or in person. Upon determination that the ticket is a winning ticket, the Lottery shall present or mail a check 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. If the ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified. Non-winning tickets shall not be returned to the claimant.
6.1.f.2. To claim an on-line prize of more than six hundred dollars ($600), within the limit of one hundred eighty (180) days after the date of the drawing, the claimant shall obtain and complete a claim form, as provided by the Director, and submit it with the winning ticket to the Lottery by mail or in person. Upon determination that the ticket is a winning ticket, the Lottery shall present or mail a check to the claimant in payment of the amount due, less any applicable federal and state income tax withholdings and less any delinquent child or spousal support obligation claimed by the bureau for child support enforcement. If the ticket is determined to be a non-winning ticket, the claim shall be denied and the claimant shall be promptly notified. Non-winning tickets shall not be returned to the claimant.
6.2. Drawing and end of sales prior to drawings.
6.2.a. Drawings shall be conducted in a location and at days and times designated by the Director.
6.2.b. The Director shall announce the time for the end of sales prior to the drawings for each type of on-line game. Licensed lottery sales agents and on-line terminals shall not process orders for on-line tickets for that drawing after the time established by the Director.
6.2.c. The Director shall designate the type of equipment to be used, shall establish procedures to randomly select the winning combinations for each type of on-line game, and shall require the presence of an independent accountant to witness all pre- and post-drawing tests, and the drawing or winner selection.
6.2.d. The Director shall test the equipment used to determine the winning combination prior to and after each drawing to assure proper operation and lack of tampering or fraud. Drawings shall not be certified until all validation checks are completed. No prizes shall be paid until after the drawing is certified.
6.2.e. All on-line drawings shall be broadcast live on television provided the facilities for broadcasts are available and operational.
6.2.f. The Director shall establish procedures governing the conduct of drawings for each type of on-line game. The procedures shall include provisions for deviations which include but are not limited to:
6.2.f.1. A drawing equipment malfunction before validation of the winning combination;
6.2.f.2. A video and/or audio malfunction during the taping of the drawing;
6.2.f.3. A fouled drawing;
6.2.f.4. A delayed drawing; or
6.2.f.5. Other equipment, facility and/or personnel difficulties.
6.2.g. The drawing shall be completed under Lottery supervision whenever a deviation occurs. The drawing shall be video taped for later broadcast, if broadcast time is available. The drawing shall be certified and the deviation documented on the certification form. The winning combination shall be provided to the media for dissemination to the public.
6.2.h. If, during any live-broadcast drawing for a game, a mechanical failure or operator error causes an interruption in the selection of all digits or symbols, a "Foul" shall be called by the Lottery Drawing Official. Any digit or symbol drawn prior to a "Foul" being called shall stand and be declared official after passing lottery validation tests.
6.2.i. The Director shall delay payment of all prizes if any evidence exists, or there are grounds for suspicion, that tampering or fraud has occurred. Payment shall be made after an investigation is completed and the drawing certified. If the drawing is not certified, another drawing shall be conducted to determine the actual winner.
6.3. Validation requirements.
6.3.a. To be a valid winning on-line ticket, all of the following conditions shall be met:
6.3.a.1. All printing on the ticket shall be present in its entirety, be legible, and correspond, using the computer validation file, to the combination and date printed on the ticket. The ticket is not valid unless the ticket number and other information is recorded in the Lottery computer and transaction master file;
6.3.a.2. The ticket shall be intact;
6.3.a.3. The ticket shall not be altered, mutilated, unreadable, reconstructed, or tampered with in any manner;
6.3.a.4. The ticket shall not be counterfeit or an exact duplicate of another winning ticket;
6.3.a.5. The ticket shall have been issued by an authorized licensed lottery sales agent in an authorized manner;
6.3.a.6. The ticket shall not have been stolen or canceled;
6.3.a.7. The ticket shall not have been previously paid; and
6.3.a.8. The ticket shall pass all other confidential security checks of the Lottery.
6.3.b. Any ticket failing any validation requirements listed in subdivision 6.3.1 of this rule is invalid and ineligible for a prize subject to the condition of subdivisions 5.10.3 and 5.10.4 of this rule.
6.3.c. The Director may replace an invalid on-line ticket with an on-line ticket for a future drawing of the same game. The Director may pay the prize for a ticket that is partially mutilated or is not intact if the on-line ticket can still be validated by the other validation requirements, at his or her discretion.
6.3.d. In the event a defective on-line ticket is purchased, the only responsibility or liability of the Lottery or the lottery sales agent is the replacement of the defective on-line ticket with another on-line ticket for a future drawing of the same game.
6.4. Payment of prizes by licensed lottery sales agents.
6.4.a. A licensed lottery sales agent shall pay to the ticket bearer prizes of six hundred dollars ($600) or less for any validated claims presented within the claim limit of one hundred eighty (180) days of the drawing to that licensed lottery sales agent. These prizes shall be paid during all normal business hours of that licensed lottery sales agent, provided, the on-line system is operational and claims can be validated.
6.4.b. A licensed lottery sales agent may pay prizes in cash or by business check, certified check, money order or a combination thereof. A licensed lottery sales agent that pays a prize with a check which is dishonored, in addition to full payment of the amount of the check and all nonsufficient funds charges and any other legitimate banking charge, may be subject to suspension or revocation of its license.
6.5. Notification to Commission. The Director shall provide Commission members with copies of specific game rules for on-line games. The Chairman or a quorum of the Commission may ask for review of the on-line game rules at the next scheduled meeting of the Commission following receipt of draft rules, and shall adopt or refer rules to lottery staff for revision at that meeting.

Notes

W. Va. Code R. § 179-1-6

The following state regulations pages link to this page.



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.