(a)Location of courier customers within the State. A network shall employ a method of restricting requests for courier services to only those made by courier customers physically located in the State of New York at the time of purchase of courier services. A purchase of courier services within the meaning of this subdivision occurs when the customer requests delivery of a particular lottery ticket or tickets from the courier service and when the customer initiates the transfer of funds to the courier service in connection with such ticket or tickets, both of which must occur while the courier customer is physically located in the State of New York. A courier service may not accept a delivery request from a customer physically located outside of the State at the time of the request. A courier service may not accept the transfer of funds from, by or on behalf of a courier customer who is physically located outside of the State at the time such customer initiates the transfer.
(b)Prohibited sales areas.A network shall employ a method of restricting requests for courier services made from any area within the State of New York that the commission designates as a prohibited sales area.
(c)Geolocation.A network shall employ a method of providing a courier customer with the location of the nearest lottery sales agents using GPS technology. In the event a courier customer attempts to request courier services through the network of a courier service in the period between the halt of requests via the network but prior to the drawing cutoff, such method shall be capable of directing the courier customer to the nearest lottery sales agent.
(d)Courier service location.A courier service shall receive and process in a location in New York requests from courier customers for courier services. Ticket processing shall occur in New York.
(e)Play slips.A courier service may employ a method or means to print play slips or facsimiles thereof, only after approval by the commission pursuant to these regulations. No such approval shall be granted by the commission unless such method or means has been tested, at the licensee's expense, and verified by an independent third-party testing facility to the satisfaction of the commission that such play slips perform at least as accurately as the commission's official play slips.
(f)Ticket confirmation to the courier customer. The network shall employ a mechanism to provide a user with the following: (1) immediately following a request for courier services, a secure confirmation of the request including the relevant game, applicable request data and player's name;(2) immediately following ticket processing of a draw game ticket or issuance of a ticket pursuant to a lottery promotion, a secure confirmation of the ticket processing including the serial number of the ticket and the relevant game, applicable data and player's name;(3) for a draw game ticket, an image of the front and back of an issued ticket in its entirety, which image shall contain a watermark on the ticket. Such mechanism shall ensure that the image is available within the time frame required for ticket processing as set forth in subdivision (a) of section 5014.12 of this Part and only for the purchaser of the ticket to view through the network, and is not accessible by any other user of the network.(4) immediately following ticket processing of a printed instant ticket, a secure confirmation of the ticket processing including the instant ticket game, pack and ticket number of the ticket, applicable data and player's name;(5) for a printed instant ticket, an image of the front and back of an issued ticket in its entirety and relevant shipment tracking information. Such mechanism shall ensure that the image and tracking information is available no later than 4:00 a.m. Eastern Time the day after ticket is shipped.(g)Record of courier customer purchases. Each courier service shall provide to the commission, in an electronic format acceptable to the commission, the following data:(1) In regard to each drawing for which such courier service provides a ticket: (ii) drawing date and time;(iii) full name of the courier customer as set forth in such customer's account;(iv) customer account number;(v) electronic mail address of the courier customer;(vi) date the ticket was issued;(vii) lottery transaction identification number for the purchase transaction;(viii) location of the purchase; and(ix) time of the purchase. Such data shall be submitted to the commission no later than 15 minutes before the drawing to which such data relates. The provisions of such data to the commission does not constitute ticket processing and shall not be sufficient evidence of a purchased ticket. Ticket processing must occur pursuant to the requirements of section 5014.12 of this Part in order to generate a ticket that may be submitted for a prize claim.
(2) In regard to each instant game for which such courier service provides a printed ticket: (i) the name and game number of the instant lottery game;(ii) full name of the courier customer as set forth in such customer's account;(iii) customer account number;(iv) electronic mail address of the courier customer;(v) date the ticket was purchased;(vi) date the courier service shipped the ticket to the customer;(vii) location of the purchase; and(viii) time of the purchase. Such data shall be submitted to the commission daily, no later than 4:00 a.m. Eastern Time for the prior day's shipments. The provisions of such data to the commission does not constitute ticket processing and shall not be sufficient evidence of a purchased ticket. A prize claim shall present the printed instant ticket purchased from the lottery sales agent, which must meet the validation requirements set forth in section 5006.8 of this subchapter in order to claim the prize.
(h)Incident notice. A licensee shall report immediately all significant incidents related to the operation of such licensee's platform, either personally or by telephone, within one hour of the discovery of the incident, followed by a letter addressed to the lottery director of operations within 24 hours of the incident. At a minimum, the licensee shall provide a written report for each of the following types of events:
(2) major communications failures;(3) significant operator errors;(4) out of balance conditions;(5) emergency software or hardware changes;(7) requests where purchase occurred as prescribed per regulations but either lottery or player purchase notification did not occur prior to a drawing;(8) customer reports that the courier service delivered a bet ticket that failed to meet the validation requirements set forth in section 5003.2 of this subchapter, in the case of a draw game bet ticket, or in sections 5003.2 and 5006.8 of this subchapter, in the case of an instant lottery ticket.(9) other conditions as defined by a memorandum of understanding;(10) any situation that may cause the general public to become alarmed and/or that may damage the integrity or public image of the commission.N.Y. Comp. Codes R. & Regs. Tit. 9 § 5014.7
Adopted New York State Register April 10, 2019/Volume XLI, Issue 15, eff. 4/10/2019Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021Amended New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/20/2023