W. Va. Code R. § 179-1-7 - Payment of prizes - general provisions for instant and on-line games

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

7.1. Each lottery retailer or licensed lottery sales agent shall pay all prizes authorized to be paid by the lottery retailer or licensed lottery sales agent by this rule during its normal business hours at the location designated on its license.

7.2. A claim shall be entered in the name of a single natural person. Groups, family units, organizations, clubs or other organizations shall designate one individual in whose name the claim is to be entered.

7.3. Unless otherwise provided in the rules for a specific type of game, a claimant shall sign the back of the ticket and complete and sign a claim form provided by the Director. The claimant shall submit the claim form and claimant's ticket to the Lottery in accordance with the instructions as stated on the claim form and on the back of the ticket. In the event of a difference or conflict in the name appearing on the ticket and the claim form, the name which appears on the ticket controls. The claimant, by submitting the claim, agrees to the following provisions as a prerequisite to payment of the prize:

7.3.a. The discharge of the State, the Lottery Commissioners, its officials, officers and employees of all further liability upon payment of the prize; and

7.3.b. The authorization to use the claimant's name and the taking and use of photographs for any reasonable publicity purposes the Director considers desirable upon award of the prize.

7.4. A prize must be claimed within the time limits prescribed by the Director in the instructions for the conduct of a specific game, but in no case shall a prize be claimed later than one hundred eighty (180) days after the official end of that instant game or the on-line drawing for which that on-line ticket was purchased.

7.5. The Director or Commission may deny awarding a prize to a claimant if the ticket is stolen, unissued, mutilated, altered, unreadable, counterfeit in whole or in part, mis-cut, mis-registered, defective, printed or produced in error, multiply printed, or blank or partially blank.

7.6. No person entitled to a prize may assign the right to claim it, except:

7.6.a. That payment of a prize may be made to any court-appointed legal representative, including, but not limited to, guardians, executors, administrators, receivers, or other court-appointed assignees; or

7.6.b. For the purpose of paying federal, state or local tax; or to satisfy executions, judgments, or orders or other processes legitimately obtained from federal or state courts; or

7.6.c. Transfers of remaining lottery annuity prize payments may be assigned pursuant to W.Va. Code § 46A-6H-1 et seq.

7.7. In the event that there is a dispute or it appears that a dispute may occur relative to any prize, the Commission or Director may refrain from making payment of the prize pending a final determination of the dispute by the Commission or by a court of competent jurisdiction.

7.8. A ticket that has been legally issued by a licensed lottery sales agent or lottery retailer is a bearer instrument until signed. The person who signs the ticket is considered the bearer of the ticket. Payment of any prize may be made to the bearer, and all liability of the State, its officials, officers, commission, and employees of the agency terminates upon payment.

7.9. All prizes shall be paid within a reasonable time after the claims are verified by the Director and a winner is determined. The date of the first installment payment of each prize to be paid in installment payments shall be the date the prize event is validated and certified. Subsequent installment payments shall be made annually from the date of the event in accordance with the type of prize awarded.

7.10. The Director may, at any time, delay any payment in order to review a change in circumstance relative to the prize awarded, the payee, the claim, or any other matter that may have come to the Director's attention. All delayed payments shall be brought up to date immediately upon the Director's confirmation and continue to be paid on each originally scheduled payment date thereafter. If any prize is payable for the life of the claimant, only an individual may claim that prize, and if the individual is claiming on behalf of a group, a corporation, or the like, the life of the claim shall not exceed twenty (20) years.

7.11. The Director's decisions and judgments in respect to the determination of a winning ticket or any dispute arising from the payment or awarding of prizes are final and binding upon all participants in the Lottery.

7.12. All prizes or portions of prizes which remain unpaid at the time of a prize winner's death are payable to the prize winner's estate.

7.13. The Director may rely wholly on the presentment of certified copies of a court's appointment of an administrator or executor, guardian, conservator or any other evidence of a person entitled to the payment of any prize winnings then due.

7.14. The payment to the estate of a deceased owner of any prize winnings by the Director absolves the Commission, Director and employees of the agency of any further liability for payment of the prize winnings. The Director need not look to pay the prize winnings beyond the estate or appointed representative.

7.15. The Commission or Director may petition any court of competent jurisdiction to request a determination of the payee for payment of any prize winnings which are or may become due the estate of a deceased winner or a winner under a disability because of minority, mental deficiency, or physical or mental incapacity.

7.16. Whenever the winner of a lottery prize is also a lottery sales agent or lottery retailer, or is an owner or officer of a partnership of corporation that is a lottery sales agent or lottery retailer, the Director may offset any debt due the West Virginia Lottery against the amount of the prize due to the winner of the prize.

Notes

W. Va. Code R. § 179-1-7