Ill. Admin. Code tit. 11 § 1770.130

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1770.130 - Lost, Stolen, Altered, and Damaged Winning Tickets and other Discrepancies

a) Except as otherwise provided in subsections (b) and (c), or Section 1770.145 or 1770.160(d), no claim for a game prize with respect to any Lottery game shall be honored, and no prize shall be paid with respect to any such claim, unless the claim is accompanied by a valid winning ticket. Each winning ticket must pass validation and security tests as described in the rules for the game being played.

b) Whenever a physical winning ticket is stolen, lost or destroyed after the ticket has been placed in the hands of an Agent or the Department, the Department may provide for payment of the prize to the winner.

1) If the purported winner furnishes a copy of the claim form and computer-generated claim ticket, and the claim ticket information matches the Department's validation records, the Chief Financial Officer and General Counsel of the Department, or their designees, may jointly authorize payment of the prize. A written statement from the Agent or the Department's prize center confirming that the winning ticket was received may be required prior to payment authorization.

2) In the event a claim has been entered into the computer system but the claimant is unable to produce a claim receipt or, when appropriate, claim ticket, no action will be taken with respect to the claim until the claim period for the game has expired. If the ticket and original claim form and claimant's copy of the claim form remain lost at the conclusion of the claim period for the game in question and no other person has made a claim to the prize, the Department's Chief Financial Officer and General Counsel, or their designees, may jointly authorize payment to the person who originally made the claim.

c) If multiple claims are filed with respect to the same prize, any claimant to the prize may request an administrative hearing as provided in the Department's hearing rules (11 Ill. Adm. Code 1700) and the claims shall be heard in a consolidated hearing during which each claimant shall be permitted, in turn, to present evidence in support of the claim. No discovery of Department records relating to ticket procurement or ticket claims shall be allowed. At the conclusion of the offering of all proofs by all claimants for a prize, the Department shall offer evidence as may be available from Department records that will tend to establish the Lottery retailer at which the actual winning ticket was sold, together with the ticket identification numbers, and the date and time of sale. The Department's motion for dismissal prior to offering of proofs, accompanied by the Department's certification that no computer claim record exists with respect to a purported claim, shall constitute an absolute defense to any claim for a prize.

d) Lost or Stolen Mail-in Claims

1) Whenever a player submits a claim during the valid claim period for a game alleging that a properly purchased Lottery game ticket was lost or stolen after being deposited in the U.S. Mail, if one year has elapsed since the date of the on-line drawing for which the ticket was purchased or one year has elapsed since the announced end of game for the instant game in question, and no prize has been paid to or claimed by another person, the Director may declare the ticket to be a valid winning ticket and authorize payment of the associated prize to the claimant provided that the following conditions are met:

A) The claimant furnishes a copy of the ticket or other satisfactory evidence as to the date, time and location of the ticket purchase for on-line games; the game, location of purchase, and approximate date of purchase for instant tickets; or other relevant information as could only be known by the original purchaser of the ticket;

B) The claimant establishes to the satisfaction of the Director that the claimant took reasonable steps with respect to the security of the ticket and actually deposited the ticket in the U.S. Mail properly addressed to the Illinois Lottery, and that the ticket was not lost or stolen due to the player's negligence or carelessness;

C) Only one claimant meets the criteria outlined in subsections (d)(1)(A) and (B); and

D) The prize claimed is not a Lotto game grand prize, Lucky Day Lotto game first prize, Mega Millions or Powerball grand prize or second prize, or instant game prize in excess of $10,000.

2) Evidence regarding the date, time and place of purchase will not be considered satisfactory evidence of ticket purchase if that information has been generally released to the public by the Department.

e) Erroneous or Cancelled Tickets

1) The Department is not responsible for paying any winning Lottery game tickets resulting from any system or terminal malfunction or from human error. Lottery game tickets misprinted or miscut due to machine error or any malfunction or other type of error must be returned to the Department prior to the draw, and the Lottery Agent's account will be credited. To receive credit, the Agent must notify the Department and send a copy of the ticket if unable to get the physical ticket sent timely in the mail.

2) If a ticket that has been sold to the public is determined by the Director to be misprinted or miscut due to machine or software error (as determined by the Department's internal procedures), the Department will reimburse the ticket holder for the cost of the ticket. However, if it is determined to be erroneously issued due to a malfunction or cancellation or other type of human error, the Agent shall reimburse the ticket holder for the cost of the ticket. Players have the sole responsibility for checking the data printed on their tickets, including numbers played and drawings entered. Misprinted, miscut, and erroneous Lottery game tickets will not be eligible for any prize.

3) For erroneous misprinted tickets received by an Agent, the Director may require Agents to comply with any directives the Director deems necessary.

f) Tickets Altered, Mutilated, Changed, Effaced, Defaced, or Tampered With. Tickets that are altered, mutilated, changed, effaced, defaced or tampered with in any manner, and/or that fail to pass the validation tests and security requirements of the Lottery Law and this Part are void. These tickets will not be eligible for any prize.

Ill. Admin. Code tit. 11, § 1770.130

Amended at 36 Ill. Reg. 14356, effective September 14, 2012

Amended at 47 Ill. Reg. 13924, effective 9/18/2023