961 CMR, § 2.61

Current through Register 1536, December 6, 2024
Section 2.61 - On-line Semi-weekly Number Selection Game - CASH WinFall
(1)Valid Bet. Except as otherwise provided herein, a valid bet on CASH WinFall using the On-line System shall be a bet which is:
(a) Placed with and accepted by a Sales Agent licensed to sell CASH WinFall or by a Lottery Facility specifically designated for the purpose.
(b) Paid for in full at the time and place the bet is placed.
(c) Recorded correctly on a computer generated ticket in accordance with 961 CMR 2.00.
(d) Represented by a ticket generated by a Lottery Computer terminal. The ticket must contain the following information:
1. The numbers selected;
2. The number of draws played;
3. The date(s) of the drawing for which the bet is eligible;
4. The amount wagered;
5. A terminal identification number;
6. An 18-digit ticket serial number;
7. A machine readable (Bar Code) ticket serial number; and
8. A verifiable numeric representation of the information contained on the ticket consistent with the information contained in the Lottery's computer records.
(e) Accepted by the Lottery Computer prior to the drawing of the winning numbers on the drawing date shown on the ticket.
(f) In the event of a contradiction between information as printed on the ticket and as accepted by the Lottery Computer, the bet accepted by the Lottery Computer shall be the valid bet.
(2)Placing Bets.
(a) Bets may be placed by the bettor orally instructing the Sales Agent of his/her number selections or requesting a "quic pic" and the Sales Agent then registering the bet via the terminal keyboard or by preparing a betting slip which is then entered into the terminal. Betting slips shall be prepared as follows:
1. Pick six numbers by marking a "x" in each of the six boxes containing the numbers selected by the bettor. "x" marks must remain inside each box. Bettor must use either pencil or blue ballpoint pen.
2. Only official bet slips issued by the Lottery and hand marked by the bettor(s) may be used to place bets. The use of mechanical, electronic, computer generated or any other method of marking betting slips is prohibited.
3. Bet slips shall have no pecuniary or prize value, or constitute evidence of purchase or number selections.
(b) The terminal must generate a ticket as described in 961 CMR 2.16(1)(c) which is given to the bettor as his/her receipt.
(c) Bets cannot be canceled by the Sales Agent. Sales Agents shall be liable for the price of all CASH WinFall tickets sold and accepted by the Lottery Computer as a valid bet. A bettor's refusal to pay for such a bet shall not relieve the sales agent from responsibility for payment of the price of that bet; except, at the sole discretion of the Director, sales agents may subsequently be given credit for bets so placed and not paid for by the bettor.
(d) Bets may be placed with any Sales Agent operating a terminal or at any Lottery operated facility accepting Cash WinFall bets.
(e) Bets may be placed at any time during the day at such time or times as determined by the Director, but all bets must be placed and accepted by the Lottery Computer prior to the drawing of the winning numbers on the drawing date shown on the ticket.
(f) The bet as represented by the ticket produced by the computer terminal is the only bet on which a prize may be claimed. Bettors are cautioned to examine their bet ticket at the time it is issued and prior to the drawing of the winning numbers in order to ensure that the ticket accurately represents the correct number selections, date of bet, amount wagered and date of drawing.
(g) In the event that the Sales Agent or computer terminal errs when the bet is placed, it shall be the responsibility of the bettor to determine that an error has been made and to request a new ticket be issued by the Sales Agent (provided betting for that day has not closed) or return of the purchase price.
(h) It shall be the responsibility of the person who collects the prize to make certain that he/she is receiving the correct sum of prize money. The Lottery shall not be liable for any underpayment except that the Director in his/her discretion may direct that an additional prize payment is made in order to correct an obvious mistake.
(i) The Lottery may cancel a season ticket or multiple drawing ticket which has been purchased at a Lottery office or via an authorized telephone order in the event the check presented or credit card used for payment has insufficient funds for the purchase. Canceled tickets shall not be eligible to win a prize.
(3)Betting Tickets.
(a) The betting ticket is a bearer instrument unless signed by the owner, and the prize may be claimed by anyone in possession of unsigned winning ticket.
(b) Sales Agents may pay claims up to and including the sum of $600.00. Any claim of more than $600.00 shall be made on a claim form supplied by the Lottery at all Sales Agent locations. The procedure to be followed for claims in excess of $600.00 and the rules and regulations governing each procedure shall be pursuant to 961 CMR 2.38.
(c) No more than one prize shall be paid on each winning number selection.
(4)Lost, Mislaid Or Stolen CASH WinFall Game Ticket. The Lottery Commission may pay a prize to the holder of a CASH WinFall Game Ticket and the payment of such prize shall absolve the Commission of any further liability with respect to such ticket. In determining whether a prize has been paid on a CASH WinFall game ticket, the Commission may rely solely upon its computer records in determining whether or not a particular prize has been paid and the status as determined by the Lottery's computer shall be binding on the holder. In the event of a lost, stolen or mislaid ticket, the Director may order an investigation, and if he/she is satisfied that the claimant in fact is the owner of the lost, stolen or mislaid ticket and it has not otherwise been paid, he/she may in his/her discretion pay the prize to the claimant thereof. All payments of prizes on lost, stolen or mislaid tickets shall not be made for a period of 90 days in the case of a prize of $200.00 or less and shall not be made for one year if the prize exceeds $200.00 unless the Director in his/her discretion shall decide otherwise.
(5)Sales Agents. Sales Agents are required to pay to the Lottery all sums due on the date established for payment. Failure to make payment when due or upon notice from the custodial bank that funds are not available will result in the immediate shut down of the Sales Agent's terminal and the Sales Agent's license to sell the CASH WinFall Game and/or any other Lottery game shall be subject to revocation, suspension or non-renewal pursuant to the provisions of 961 CMR 2.13.
(6)Prizes. All prize amounts shall be set by the Director by Administrative Bulletin. The Administrative Bulletin shall detail the total field of numbers to choose from, establish rules for rounding payments to the nearest dollar or otherwise, establish rules for subtracting overpayments from a pool from subsequent pools, and other such matters as may be necessary or desirable for the proper operation of the game.
(7)Payoffs. (Reserved)
(8)Liability. The liability, whether by negligence or otherwise, of the Lottery and its licensed Sales Agents for invalid bets is limited to a refund of the amount wagered.
(9)Season Tickets.
(a) Season Tickets may be sold by the Massachusetts State Lottery Commission and by licensed Sales Agents operating on-line terminals.
(b) Season Tickets will be sold in the following manner:
1. Plan "A" - 52 consecutive drawings for the price of $100.00
2. Plan "B" - 104 consecutive drawings for the price of $200.00
3. Plan "C" - 26 consecutive drawings for the price of $50.00.
(c) The Director reserves the right to adjust both price and number of drawings as defined in 961 CMR 2.16(9)(b).
(d) Season Tickets become effective and eligible to win a prize starting with the effective date printed on the ticket. Season Tickets are not effective on the date of purchase.
(e) Based upon the Plan selected as defined in 961 CMR 2.54(9)(b), Season Tickets, unless renewed, automatically expire at the end of 52, 104 or 26 drawings. However, those Season Tickets that have matched two out of six winning numbers on one or more drawing occasion after the effective date and before the expiration date thereby entitling the holder to a free bet, will automatically be extended by the number of times that ticket matched two out of six winning numbers. Any ticket which matched two out of six winning numbers during the extension period will be further extended by one drawing for each such match. Any renewal ticket shall be effective only upon the expiration of all the extensions provided for in 961 CMR 2.00. If, upon renewal, the customer requests a change in any or all of the six numbers to be played, his/her renewal application shall be treated as a new ticket rather than a renewal and the effective date of said new ticket will be the expiration date of the previous ticket plus extensions without regard to further extensions won during the initial extension period. Renewal applications received after the time period specified upon the renewal form may be assigned a new effective date.
(f) Purchasers of Season Tickets shall select the six numbers he/she wishes to appear on the Season Ticket. Said purchasers are cautioned to examine his/her ticket upon purchase and prior to its effective date to assure the numbers printed represent the numbers desired. (The Lottery will only be liable for the payment of a prize based upon the numbers as they appear on the Season Ticket and registered on the Lottery's Computer. In the event of a conflict, the numbers as registered on the Computer shall control.)
(g) Purchasers of Season Tickets may elect to use the "quic pic" feature for the selection of his/her six numbers. The six numbers will be randomly selected by the Lottery Computer and printed on the Season Ticket. (The Lottery will only be liable for the payment of a prize based upon the numbers as they appear of the Season Ticket and registered on the Lottery's Computer. In the event of a conflict, the numbers as registered on the Computer shall control.)
(h) In the event the Lottery receives a renewal subscription form with less than six numbers selected by the applicant, the Lottery may randomly select all or any of those omitted numbers to assure each application contains six numbers.
(i) In the event the Lottery receives a renewal subscription form with seven or more numbers selected, the Lottery may randomly delete one or more of the numbers selected in order to obtain a valid six number ticket.
(j) The owner of a Season Ticket purchased through the On-line System must register his/her name with the Lottery on a form provided with the purchase of the ticket if prizes are to be paid automatically and renewal information to be sent.
(k) When more than one name appears on the application or registration form, the Lottery may select the first name listed and designate him/her as agent for collection. In the event the ticket wins a prize, it will be the responsibility of the recorded agent to make known to the Lottery, Internal Revenue Service, and the Department of Revenue, the name, social security number and proportionate share of each of the winners.
(l) A CASH WinFall Season Ticket purchased through an off-line application is not effective until it is registered on the Lottery's computer and a Season Ticket issued to the applicant regardless of whether or not payment for such ticket has been accepted by the Commission prior to such registration or otherwise.
(m) The Director may change the field of numbers from which winning numbers will be selected to a number greater or less than the field available at the time the Season Ticket is purchased. In the event the field is enlarged, a Season Ticket holder may request in writing at least four weeks before the effective date of such change that his/her number selection be changed; provided, however, this option shall be limited to changing one or more numbers from the field of numbers in existence at the time the ticket was purchased to one or more of the numbers added to that field. In the event the field is decreased and one or more of the numbers selected at the time the ticket was purchased is eliminated from the field of available numbers, the holder may request, in writing, that the numbers so eliminated be replaced by one or more numbers from the field of numbers remaining after said decrease. In the event the holder fails to exercise this option at least four weeks prior to the effective date of such change, the Lottery may randomly select new numbers on the holders behalf in accordance with the limitations contained herein.
(n) In the event the Commission cancels the operation of CASH WinFall, the amount paid for drawings so canceled shall be refunded to the registered holder and said refund shall constitute the Commission's sole obligation to the holders of CASH WinFall Season Tickets in the event of said cancellation.
(o) All other provisions of 961 CMR 2.00 shall, if applicable, apply to the Season Ticket -CASH WinFall.
(10)Miscellaneous. All other provisions of 961 CMR 2.00 shall, if applicable, apply to the Online Semi-weekly Number Selection Game -- CASH WinFall.

961 CMR, § 2.61