OAR Chapter 177 — Oregon State Lottery

Division 10 GENERAL PROVISIONS

Or. Admin. R. 177-010-0000 General

(1) Applicability: Unless the context requires otherwise, the definitions contained in this division are generally applicable throughout OAR chapter 177. Specific divisions may contain the definitions of words specific to that division. In the event of a conflict, the definition in the specific division controls the usage of the word in that division.

(2) Headings: Where headings are used throughout OAR chapter 177, they are for the convenience of the user only and are of no substantive effect.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 4-1990, f. & cert. ef. 4-3-90
SLC 8-1985, f. & ef. 6-21-85

Or. Admin. R. 177-010-0003 Definitions

(1) “Business day” means the period beginning at 5 a.m. of a calendar day and ending at 4:59 a.m. on the morning of the next calendar day.

(2) “Business week” means the period beginning at 5 a.m. on a Sunday and ending at 4:59 a.m. the following Sunday morning.

(3) “Business year” means the period beginning at 5 a.m. on the Sunday immediately following the last Saturday in June, and ending at the end of the business day of the last Saturday of the following June.

(4) “Commissioner” has the meaning given in ORS 461.010(1).

(5) “Director” has the meaning given in ORS 461.010(2).

(6) “Drawing coordinator” means the Lottery employee designated by the Assistant Director for Security, subject to the approval of the Director, to develop and implement procedures for conducting drawings.

(7) “Gaming device” means any type of equipment or method, including any electronic or manual equipment or combination thereof, or video device, on which a game authorized by the Oregon State Lottery Commission is played. The device must display the amount that may be won, the amount wagered and any play credits available to the player. A gaming device may include a device that is intended primarily for personal or business use. A gaming device does not include a Video Lottery game terminal.

(8) “Gaming device game” means any procedure authorized by the Oregon State Lottery Commission that is a game on a gaming device, whereby the opportunity to win includes a wagering process using a methodology that is based predominantly on chance to determine the outcome of the wager. The outcome of the wager may involve skill, as long as the element of chance plays a predominant role. The methodology used must be testable by an independent testing laboratory.

(9) “Immediate family” and “family member” mean a natural person’s spouse, child, brother, sister, or parent by blood or adoption.

(10) “Lottery” or “State Lottery” has the meaning given in ORS 461.010(3).

(11) “Lottery Commission” or “Commission” has the meaning given in ORS 461.010(4).

(12) “Lottery contract” means any contract entered into by the Lottery for the purchase, lease, or sale of goods or services.

(13) “Lottery contractor” or “contractor” has the meaning given in ORS 461.010(5).

(14) “Lottery game” or “game” has the meaning given in ORS 461.010(6).

(15) “Lottery game retailer” or “retailer” has the meaning given in ORS 461.010(7).

(16) “Lottery Headquarters” means the Debbs Potts Oregon State Lottery Commission building located at 500 Airport Road SE, Salem, Oregon.

(17) “Lottery Kiosk” means a location, other than Lottery Headquarters, designated by the Director as a Lottery Kiosk, where Lottery tickets or shares are sold directly to the public by Lottery employees.

(18) “Lottery sales location” means a Lottery Kiosk, Lottery Headquarters, any location designated by the Director for the sale of Lottery tickets and shares, or sales by the Lottery through electronic means.

(19) “Lottery vendor” or “vendor” has the meaning given in ORS 461.010(8).

(20) “Person” has the meaning given in ORS 461.010(9).

(21) “Prize” means any award of economic value, monetary or otherwise, that may be distributed to a Lottery player for submitting a valid claim based on a winning Lottery ticket or share, or for a winning entry in a second chance drawing.

(22) “Retailer contract” means any written contract entered into by the Lottery with a retailer for selling Lottery tickets or shares to the public.

(23) “Second Chance Drawing” or “2nd Chance Drawing” means a drawing in which an eligible non-winning Oregon Lottery ticket or share is submitted to the Lottery for entry into a drawing for a chance to win a prize.

(24) “Share” means an opportunity to win a prize in a Lottery game that does not use certificates or tokens, such as in Video Lottery or sports betting games.

(25) “Ticket” means a certificate or token of the opportunity to win a prize in a Lottery game.

(26) “Traditional Lottery games” means the following lottery games offered by the Oregon State Lottery:

(a) Scratch-its;

(b) Lottery Raffle Game;

(d) Pick 4;

(e) Lucky Lines;

(f) Powerball;

(g) Sports Action;

(h) Win for Life;

(i) Keno;

(j) Mega Millions,

(k) Cash Pop;

(l) Second chance drawing; and

(m) Any other Lottery game designated by the Oregon State Lottery Commission as a Traditional Lottery game.

(27) “Unclaimed prize” means any prize offered in a Lottery game which has not been submitted to the Lottery for validation and prize payment within the specified prize claim period and for which the Lottery has data or evidence that the ticket or share was sold or distributed to the public.

(28) “Video Lottery game” means any procedure authorized by the Oregon State Lottery Commission that is a game on a Video Lottery game terminal, whereby the opportunity to win includes a wagering process using a methodology that is based predominantly on chance to determine the outcome of the wager. The outcome of the wager may involve skill, as long as the element of chance plays a predominant role. The methodology used must be testable by an independent testing laboratory.

(29) “Video Lottery game retailer” or “Video Lottery retailer” has the meaning given in ORS 461.217.

(30) “Video Lottery game terminal” means a type of video device for the playing of Video Lottery games which is in a console that contains a game platform with a video display and a random number generator, is connected to and monitored by a central system, and accepts cash payments to permit a person to play the Video Lottery games offered on the terminal for the opportunity to win a prize. Unless the context or a specially applicable definition indicates otherwise, any reference to a “Video Lottery terminal,” “video lottery terminal,” or “video terminal” in OAR chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “Video Lottery game terminal” as defined in this section. Video Lottery Game Terminal does not include personal digital devices or any other device determined by the Oregon State Lottery Commission not to be a Video Lottery game terminal.

(31) “Website” means the Lottery’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Lottery for a particular game, promotion, or promotional program.

(32) “Winner claim form” means a form provided by the Lottery to a player for the purpose of claiming a prize.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.715 & 416.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.050, 461.100, 461.215, 461.217, 461.400, 461.500, ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.715 & 416.719
LOTT 2-2024, amend filed 12/20/2024, effective 01/13/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 3-2018, amend filed 05/01/2018, effective 05/07/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 6-2004, f. & cert. ef. 5-26-04
LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-010-0007 Notice of Proposed Rules

Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which is adopted in accordance with ORS 183.335(5), the Lottery Director shall give notice of the intended action:

(1) SOS Bulletin: In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action;

(2) Mailing: By mailing, electronic mailing, or delivering a copy of the notice at least 28 days before the effective date of the intended action to persons on the Lottery Director’s mailing list established pursuant to ORS 183.335(8) and at least 49 days before the effective date of the intended action to the persons specified in ORS 183.335(15);

(3) Press Room: By delivering sufficient copies of the notice to the Capitol Press Room to provide one copy to each member of the press that maintains a mail receptacle there at least 28 days before the effective date of the intended action; and

(4) Commission Agenda: By listing any rule to be adopted, amended, or repealed on the agenda for the Commission’s monthly meeting.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.120(2)
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-1998, f. & cert. ef. 5-28-98
LC 5-1990, f. & cert. ef. 4-3-90

Or. Admin. R. 177-010-0009 Model Rules of Procedure

Pursuant to the Oregon Administrative Procedures Act, the Oregon State Lottery adopts the following divisions of Attorney General Model Rules of Procedure in OAR chapter 137:

(1) Division 1 Model Rules for Rulemaking in effect on June 30, 2008.

(2) Division 2 Model Rules for Agency Declaratory Rulings in effect on June 30, 2008.

(3) Division 5 Collaborative Dispute Resolution Model Rules in effect on November 13, 2018, including, but not limited to, rules on confidentiality and inadmissibility of mediation communications.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or upon request to the Lottery.]

History

Statutory/Other Authority: OR Const. Art. XV § 4(4)(a), ORS 36.224, 183.341, 183.502 & 461.120
Statutes/Other Implemented: OR Const. Art. XV § 4(4), ORS 36.224, 183.335, 183.341, 183.390, 183.410, 183.502, 461.100, 461.120 & 461.150
LOTT 2-2021, amend filed 04/19/2021, effective 04/20/2021
LOTT 4-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-1998, f. & cert. ef. 5-28-98
LC 6-1993, f. & cert. ef. 7-2-93
LC 5-1990, f. & cert. ef. 4-3-90

Or. Admin. R. 177-010-0025 Director of the Oregon State Lottery

(1) General: The Director shall implement and execute the rules and policies adopted by the Commission, and may adopt such internal operating policies and procedures as the Director may deem appropriate, to promote and insure the integrity, security, honesty, fairness, and efficient administration of the Lottery.

(2) Assistant Directors: The Commission delegates the authority to the Director to discipline, and/or terminate, with or without cause, any or all of the assistant directors at any time. The decision of the Director to discipline and/or terminate an assistant director is final.

(3) Personnel Policies and Procedures: Except for approving the salaries of the Director and the assistant directors, including cost-of-living adjustments, the Director shall have the authority to establish and implement personnel policies and procedures pertaining to the employment, termination, and compensation of all Lottery staff. Such policies and procedures shall conform to generally accepted personnel practices based upon merit principles.

(4) Temporary Administrative Rules: The Director shall have the authority to adopt temporary administrative rules in accordance with the procedures set forth in ORS 183.335(5) and (6) upon the Director’s signature.

(5) Miscellaneous: The duties and responsibilities of operating a lottery which are not otherwise specified in law, including, but not limited to, statutes and administrative rules, are reserved to the Director subject to review and approval by the Commission.

History

Statutory/Other Authority: OR Const. Art. XV § 4(4)(a), ORS 183.325, 461.120 & 461.130
Statutes/Other Implemented: OR Const. Art. XV § 4(4), ORS 183.325, 461.120, 461.130, 461.150 & 461.170
LOTT 5-2021, amend filed 07/01/2021, effective 07/01/2021
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 4-1990, f. & cert. ef. 4-3-90
SLC 19-1986, f. & ef. 7-29-86
SLC 13-1986(Temp), f. & ef. 6-13-86

Or. Admin. R. 177-010-0045 Contingency Reserve

The money allotted to the Lottery’s contingency reserve fund may include amounts retained to fund specific future expenses or may be for undesignated purposes. The Lottery shall not include contingency reserve expenditures in its calculation of the total annual revenues allocated for administrative expenses.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.510
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
SLC 8-1985, f. & ef. 6-21-85

Or. Admin. R. 177-010-0050 Merchandise Prizes

In the exercise of the Director’s discretion, the Director may pay the cash value of any merchandise prize in lieu of that prize. The cash value of a merchandise prize is the amount that the Lottery paid for the merchandise.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.230
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 4-1990, f. & cert. ef. 4-3-90
SLC 9-1986, f. & ef. 5-28-86

Or. Admin. R. 177-010-0080 Sale of Tickets and Shares

(1) Sales by Retailers: The Director shall contract with retailers for the sale of Lottery tickets and shares. The contract shall include the terms and conditions and incorporate by reference the rules applicable to the sale of all Lottery tickets and shares sold by the retailer.

(2) Sales by the Lottery: The Director may develop procedures for the sale of Lottery tickets and shares directly to the public. The procedures shall contain measures to ensure the accountability and security of all tickets and shares sold to the public by Lottery employees.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.260
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 6-1993, f. & cert. ef. 7-2-93
LC 12-1990, f. & cert. ef. 10-2-90

Or. Admin. R. 177-010-0085 Unclaimed Prize Money

(1) A prize not validly claimed within the period specified for claiming a prize in any lottery game shall remain the property of the Commission and shall be allocated to the benefit of the public purpose. The Lottery shall transfer unclaimed prize money when it transfers proceeds allocated to the public purpose.

(2) The Commission delegates to the Director or the Director’s designee the authority to set a time period that is shorter than one year to claim prizes in any Lottery game.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 2-1995, f. 4-27-95, cert. ef. 5-1-95

Or. Admin. R. 177-010-0090 Child Support Validation Check

The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600:

(1) Database: Lottery information systems personnel shall work with the Division of Child Support of the Department of Justice (DOJ) to maintain a current database on the Lottery’s central computer system containing the names and social security numbers of obligors who are delinquent in paying child support obligations.

(2) Searching the Database: The Lottery shall enter a prize claimant’s name, address, date-of-birth, and social security number into the Lottery’s central computer system. The computer shall search the database containing the names of the delinquent child support obligors for a possible match.

(3) 30 Day Hold: When a claimant is listed in the database and a possible match is found, the Lottery will confirm the match with DOJ. If DOJ responds with a confirmation that the claimant is delinquent on child support payments, the Lottery will place a 30-day hold on any payment to the claimant pending initiation of garnishment proceedings. The Lottery will inform the claimant of the hold, immediately notify DOJ by telephone that the Lottery has placed the hold on the prize payment, and transmit a facsimile copy of supporting information to DOJ.

(4) Garnishment: If a garnishment proceeding is initiated within the 30-day hold period, the Lottery shall make payment to DOJ when the garnishment is received. If the prize claim exceeds the amount of the garnishment, the Lottery will pay the claimant the balance remaining after deduction of the garnishment and applicable taxes. If the garnishment exceeds the amount of the prize claim, the Lottery will inform the claimant that the entire amount of the prize claim was used to respond to the garnishment.

(5) Payment of Prize: If a garnishment proceeding is not initiated within the 30-day hold period, the Lottery will make payment on the prize to the claimant at the end of the 30 day hold period or when DOJ notifies the Lottery that a garnishment proceeding will not be initiated, whichever is sooner.

(6) Voluntary Release: Nothing in this section is intended to prevent a prize claimant from voluntarily releasing payment of all or any portion of the claimant’s prize towards payment of the claimant’s delinquent child support obligations.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.715
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 20-2002, f. & cert. ef. 9-30-02
LOTT 8-2002(Temp), f. & cert. ef. 7-15-02 thru 1-3-03
LC 6-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 177-010-0094 Overpayments Recovery Validation Check

The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600. These procedures are in addition to any other procedures set forth in OAR Chapter 177, including the child support validation check contained in OAR 177-010-0090.

(1) Database: The Lottery shall work with the Department of Human Services and the Oregon Health Authority to establish and operate a data match system using automated data exchanges with the Department of Human Services and the Oregon Health Authority that identifies persons that have received an overpayment of assistance for which a final order for overpayment has been issued by the Department of Human Services or the Oregon Health Authority under ORS Chapter 183. Any information necessary to identify the person and hold a payment on a Lottery prize must be available to the Lottery’s central computer system through the data match system.

(2) Searching the Database: When a Lottery ticket or share is presented at the Lottery for payment for a prize that is in excess of $600, or when a prize winner claims any other prize payment at the Lottery that is in excess of $600, the Lottery shall enter the prize claimant’s name, social security number, and any other available identifying information into the Lottery’s central computer system. The computer shall search the database containing the names of the persons that have received an overpayment of assistance as described in section (1) of this rule for a possible match.

(3) 30 Day Hold: When a claimant is listed in the database, the Lottery will place a 30-day hold on any prize payment to the claimant. The Lottery will inform the claimant of the hold, notify the Department of Human Services or the Oregon Health Authority that a recipient of an overpayment of assistance has won a Lottery prize in excess of $600 or is entitled to payment in excess of $600 on a Lottery prize.

(a) If Lottery has questions concerning a match, Lottery will confirm the match with the Department of Human Services or the Oregon Health Authority before proceeding. If the department or the authority confirms that the claimant is the obligor on an overpayment of assistance, Lottery will proceed as provided herein.

(4) Garnishment: If the Lottery receives a notice or writ of garnishment under ORS 18.600 to 18.857 within the 30-day hold period, the Lottery must continue to hold any payment to the claimant pending disposition of the garnishment. Thereafter, the Lottery shall make payment to the garnishor. If the prize claim exceeds the amount of the garnishment, the Lottery will pay the claimant the balance remaining after deduction of the garnishment and applicable taxes. If the garnishment exceeds the amount of the prize claim, the Lottery will inform the claimant that the entire amount of the prize claim was used to respond to the garnishment.

(5) Payment of Prize: If a garnishment is not received within the 30-day hold period, the Lottery shall pay the prize to the claimant at the end of the 30-day hold period or when the Department of Human Services or the Oregon Health Authority notifies the Lottery that a garnishment will not be issued, whichever is sooner.

(7) Priorities: If the Lottery receives multiple garnishments against the same claimant while it is holding the prize claim, it will honor the garnishments in the order that they were received pursuant to ORS 18.627(1), provided however that payment of any past-due child support under OAR 177-010-0090 has priority over the recovery of any overpayment of assistance from a Lottery prize under this rule.

(8) Definitions: As used herein,

(a) “Assistance” includes:

(A) Medical assistance as defined in ORS 414.025.

(B) Public assistance as defined in ORS 411.010.

(D) Any other benefit, aid, or assistance for which the Department of Human Services or the Oregon Health Authority is authorized to issue a final order for an overpayment under ORS Chapter 183.

(b) “Garnishor” means:

(A) The creditor, if the writ of garnishment is issued by a court administrator.

(B) The person or entity that issued the notice or writ of garnishment, if the garnishment was issued by any person other than a court administrator.

History

Statutory/Other Authority: ORS Ch. 461
Statutes/Other Implemented: ORS 461 & 2015 OL Ch. 711
LOTT 4-2015, f. 12-18-15, cert. ef. 1-1-16

Or. Admin. R. 177-010-0100 Requests and Fees for Copies of Public Records

(1) Procedure: Any person may request to inspect or obtain a copy of a “public record” (as defined in ORS 192.410(4)) which is in the custody of the Lottery.

(2) Reasonable Access: The Lottery will allow reasonable access to any public record in its custody during the Lottery’s regular business hours, unless the record is exempt from disclosure. The Lottery may determine the time and manner of inspection or copying to protect the public record and to prevent interference with the regular activities of the Lottery and its employees. The Lottery will determine reasonable access by taking into account the necessity to maintain the fairness, integrity, security, and honesty of the Lottery.

(3) Requests: Any member of the public may request a public record verbally, in writing, or by submitting the request on a Lottery-provided form. Each request must include:

(a) The requestor’s contact information;

(b) The identification, description, or type of public record requested; and

(c) The format requested (but the Lottery is not obligated to produce a record in a format other than as it is maintained by the Lottery).

(4) Processing Requests: The Lottery will generally acknowledge receipt of a public records request within two business days. The Lottery may contact the requestor to discuss the parameters of the request and may provide an expected timeframe for completion of the request. Involved or complicated public records requests involving electronic records searches will require more response time than routine requests. The Lottery will normally process requests in the order received. The Lottery may advise the requestor whether a record may be disclosed, the date, time, and place the requestor may inspect the record or obtain a copy, and the estimated cost of inspection, copying, and other fees described in this rule. If the requested record contains information exempt from disclosure, the Lottery will provide the requestor with a copy of the record with the exempt information redacted, if it is reasonably possible to do so. If it is not reasonably possible to redact the exempt information, the Lottery will not make the record available.

(5) Fees — General: Unless otherwise provided herein or by law, the Lottery shall charge a fee, in accordance with ORS 192.440, reasonably calculated to reimburse the Lottery for its actual costs of providing a copy of a public record or furnishing a reasonable opportunity to inspect the record.

(a) Fees — Paper Records: The Lottery will charge $.05 a page for photocopies.

(b) Staff Time Charges: The Lottery will charge a fee for the staff time used to respond to public records requests.

(A) Lottery Staff: The Lottery will charge the hourly rate of the staff member or members who respond to the request.

(B) Oregon Attorney General Staff: If the Lottery uses the services of the Oregon Attorney General’s Office to review the public records, redact material, or segregate the public records into exempt and non-exempt records, the Lottery may bill the actual costs to the requestor. The Lottery will not include the costs for time spent by the Attorney General’s staff in determining the application of the provisions of ORS 192.410 to 192.505 to a request for public records.

(C) Outside Contractors: If the Lottery uses the services of an outside facility or contractor to respond to a public records request, the actual costs incurred by the Lottery will be included in the Lottery’s estimate.

(c) Mailing or Shipping Costs: The Lottery may charge a requestor the actual postage or freight costs for mailing or shipping a copy of a record to the requestor, including, but not limited to, any special charges such as certified mail, express mail, or restricted delivery. The Lottery shall determine the manner of shipment.

(d) Certification Costs: Upon request, the Lottery shall provide a certified copy of a public record at an additional cost of $5.00 for each certification. Certified copy means a copy that is certified by the Lottery to be a true and accurate copy of the public record requested.

(e) ADA Format: The Lottery will not charge any extra fee for providing records in an alternative format when required under the Americans with Disabilities Act.

(6) Costs and Estimates:

(a) Notification of Costs: If the actual or estimated costs to make the requested records available exceeds $500, the Lottery will provide the requestor with a written notification of the actual or estimated costs.

(b) Estimates: If the request requires researching archived records and reviewing or redacting information, the Lottery will estimate the costs and will provide a written notification of that information to the requestor.

(c) Payment: The Lottery requires that all fees and charges, whether actual or estimated be paid before it will search its records, prepare copies, and make the requested records available. The requestor must pay the amount in advance to the Oregon State Lottery. If the total actual costs exceed the estimate, the requestor must pay the total actual costs before the Lottery will release the records. If the total actual cost is less than the estimate, the Lottery will refund the overcharge to the requestor. The Lottery will not refund amounts less than $1.

(d) Requests by Current Lottery Retailers: With the written or electronic authorization of a Lottery retailer, the Lottery may bill the retailer the cost of fulfilling a public records request made by the retailer through the retailer’s electronic funds transfer bank account established for Lottery funds. Such amounts will be deducted from the account during the next regularly scheduled electronic debit of the retailer’s account or anytime thereafter.

(7) Waiver of Fees: The Lottery may waive fees for a public records request under the following circumstances:

(a) Amounts under $500: The Lottery will not charge a fee if the actual cost of providing the records is $500 or less. The Lottery will charge a fee equal to the total actual cost of providing the records when the actual cost of providing the records is more than $500. If the estimated cost provided to a requestor was less than $500, but the actual cost exceeds $500, Lottery will notify the requestor when the actual cost reaches $500, provide a new estimate of the cost to fulfill the request, and offer the requestor the option of providing only the records that actually cost less than $500 to produce, or the option of continuing to fulfill the request after payment from the requestor of the actual cost to fulfill the request.

(b) News Media and Non-Profit Organizations: The Lottery will not charge a fee to members of the news media or non-profit organizations when the request is made in the public’s interest.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 192.440
LOTT 2-2017, f. 3-17-17, cert. ef. 4-1-17
LOTT 2-2006, f. 2-16-06, cert. ef. 3-1-06
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-1998, f. & cert. ef. 5-28-98
LC 6-1994, f. 7-22-94, cert. ef. 8-1-94

Or. Admin. R. 177-010-0105 Restriction of Access

(1) To ensure the safety and security of Lottery premises, employees, operations, and visitors to Lottery facilities and property, the Oregon State Lottery may issue a restriction on access to an individual who has committed prohibited conduct as described in this rule.

(2) For the purposes of this rule, the following definitions apply:

(a) "Prohibited conduct" means conduct that presents or appears to present a threat to the safety or security of Lottery property, employees, visitors, or operations. "Prohibited conduct" includes any conduct regardless of where or when it occurs, so long as the prohibited conduct presents a reasonable threat to the Lottery or Lottery personnel. Examples of prohibited conduct include, but are not limited to:

(A) Causing or threating to cause physical injury to employees or visitors;

(B) Engaging in actions which compromise the safety and health of employees or visitors;

(C) Causing or threatening to cause harm to the family or property of an employee or visitors through written, electronic, or verbal communication;

(D) Causing or threatening to cause damage to premises;

(E) Bringing a deadly or dangerous weapon onto the premises, unless authorized by ORS chapter 166;

(F) Displaying, attempting, or threatening to use any weapon, on or off Lottery premises, that compromises the safety of employees or visitors;

(G) Engaging in harassment as defined in ORS 166.065; and

(H) Engaging in telephonic harassment as defined in ORS 166.090.

(b) "Restriction of access" means the Oregon State Lottery has limited an individual's access to specific Lottery premises, employees, or methods of communication. For purposes of this rule, "Lottery premises" means buildings owned or operated by the Oregon State Lottery and does not include a Lottery retailer's premises.

(c) "Restricted individual" means any person, including, but not limited to, a Lottery employee or former employee, who is subject to a restriction of access pursuant to this rule.

(3) Issuance:

(a) Prior to issuing a restriction of access, the Lottery will make an individualized assessment as to whether the prohibited conduct is a result of a disability of which the Lottery has knowledge and whether the conduct is a "direct threat" to others. If the Lottery determines the disabled individual's conduct is not a direct threat, the Lottery will explore the possibility of a reasonable accommodation to mitigate the safety risk.

(b) The restriction of access must be approved by the director or the assistant director for security. In the event of their absence or unavailability, their designee may approve a restriction of access.

(c) The restriction of access is effective upon approval and remains in effect until the Lottery determines the individual no longer poses a threat and issues an official notification of removal of the restriction of access.

(4) Notice: An individual who is subject to a restriction of access may be notified verbally of the restriction and must also be provided written notice by certified mail or other traceable means. For purposes of this rule, Lottery provides notice to an individual on the date on which the Lottery issues the written notice to the individual by mail or other traceable means. The written notice must include:

(a) The conduct giving rise to the restriction;

(b) The specific premises or parts of the premises from which the individual is excluded or the forms of communication which are restricted;

(c) The alternate method by which Lottery services may be obtained by the individual and contact information for services or appointment scheduling if applicable;

(d) The availability of the review process described in this rule and notification that individuals with disabilities are entitled to request modification;

(e) The potential criminal consequences for violating the notice of restriction of access; and

(f) The law enforcement agency being notified.

(5) Review:

(a) The Lottery will regularly conduct internal review(s) to ensure a notice of restriction of access is and/or remains warranted.

(b) The recipient of a notice may request review of the Lottery's determination. The request must be in writing and submitted, by mail or personal delivery, within 15 business days of the date of issuance of the notice of restriction of access and delivered to the office of the director of the Lottery. If the request is submitted by mail, it must be postmarked within 15 business days. No particular format is required for the request for review; however, the individual must include specific grounds for requesting the review.

(c) Upon receipt of a request for review, the Director or their designee will review the request and issue a written decision within 14 calendar days of receipt of the request for review. The review may include an informal conference or other alternative resolution options.

(A) The Lottery's decision is final.

(B) If the decision favors the individual, the restricted individual's access restriction will be immediately lifted. If the decision is unfavorable to the restricted individual, the restricted individual may seek further review after six months have lapsed since the date of issuance by following the process described in this policy.

(C) An individual may request a contested case proceeding pursuant to ORS chapter 183 by filing a request for a contested case hearing within 30 calendar days of the date of the Lottery's decision under this section.

History

Statutory/Other Authority: Or. Const., Art. XV, § 4(4)(a) & ORS 461.120
Statutes/Other Implemented: ORS 461.120, Or. Const., Art. XV, § 4(4), ORS 183.415, 461.010, 461.020, 461.050, 461.100, 461.150 & 461.190
LOTT 7-2020, adopt filed 12/21/2020, effective 01/01/2021

Or. Admin. R. 177-010-0110 Lottery Trade or Service Marks

(1) Public Display, Use, or Publication of Trademarks and Service Marks: The Lottery’s trademarks and service marks include, but are not limited to, the Lottery’s name and logo; game names, logos, and taglines; and licensed game names and logos that the Lottery has contractual authority to use. The public display, publication, or other use of the Lottery’s trademarks and service marks is permitted only after the Director or the Director’s designee:

(a) Provides written approval of a request for the display, publication, or other use; or

(b) Enters into a license agreement with the requestor for the display, publication, or other use.

(2) Request Requirements: All requests for display, publication, or other use of the Lottery’s trademarks and service marks must be in writing and must include the following:

(a) A sample showing the proposed use of the trademark or service mark in a display, publication, or other use; and

(b) An explanation of how and where the trademark or service mark will be displayed, published, or otherwise used.

(3) Director’s Approval: The Director or the Director’s designee has sole and exclusive discretion whether or not to approve a request and to determine the conditions applying to use of the trademark or service mark. The Director or the Director’s designee may require the requestor to enter into a licensing agreement before use of a trademark or service mark is authorized.

(4) Rights: This rule shall not be construed to grant or create any right to display, publish, or otherwise use, in any manner, in whole or in part, any of the Lottery’s trademarks or service marks. The Lottery may take any action that the Lottery deems necessary to enforce its rights in its trademarks and service marks.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.150
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 4-1994, f. 3-31-94, cert. ef. 4-1-94

Or. Admin. R. 177-010-0120 Display and Demonstration of a Trade Show Device at a Trade Show

(1) Definition: For the purposes of this rule, “Trade show device” means a gaming device that would otherwise be a gray machine as described in ORS 167.117(9) or a slot machine as described in 167.117(20) except that the device is authorized for display or demonstration purposes at a trade show and the device is displayed and demonstrated by a manufacturer or manufacturer’s representative as an example of a model that is currently in production for sale or is scheduled to be in production for sale by the manufacturer.

(2) Trade Show Display: A trade show device approved for display and demonstration at a trade show:

(a) Cannot be used for actual wagering. Any device that accepts any consideration is not authorized under this rule.

(b) Cannot be sold directly from the site of the trade show or while in transit to or from the trade show.

(d) Must have a sign posted in close proximity to the device that contains the phrase, “No one under 21 years of age is allowed to operate this machine.” A vendor displaying and demonstrating trade show devices must ensure that minors under the age of 21 are not allowed to operate the device.

(3) Limitations: For purposes of this rule, a trade show cannot be held at a location or in a manner in which the Oregon State Police or the Lottery Security Section is encumbered from ensuring compliance with applicable law. For example, a trade show cannot be held in a mobile demonstration van or be conducted simultaneously at multiple locations.

(4) Application: A vendor participating in a trade show must complete, in its entirety, and file an application with the Director for authorization to display, demonstrate, and transport a trade show device at a trade show. The application shall include, but not be limited to:

(a) The full name, address, and telephone number of both the business and the individual initiating the request to display and demonstrate such a device at a trade show;

(b) The title, location, and dates of the trade show;

(d) The manufacturer of each device;

(e) The serial number of each device;

(f) The model of each device;

(g) The schedule of transport of such a device;

(h) The specific address and location of any intermediary storage sites for the device before or after the trade show; and

(i) The name, address, and telephone number of a person who can be contacted if questions arise regarding any aspect of the authorization, the devices, or the trade show.

(5) Approval: The Director may approve, in writing, an application to display, demonstrate, and transport a trade show device submitted under section (4) upon finding that each device identified in the application is a trade show device and that the applicant will use the trade show device solely for display and demonstration purposes at a trade show that is not open to the public and where minors under the age of 21 are prohibited from operating any trade show device.

(6) Approval to Accompany Machine: Upon approval by the Director, a copy of the Director’s approval to display, demonstrate, and transport a trade show device must accompany the device while in transit to or from the trade show and while the device is at the trade show.

(7) Transport: A trade show device scheduled to be displayed or demonstrated at a trade show must be transported as described in the approval to display, demonstrate, and transport the device. Any variation in the number, type, or serial number of devices to be displayed and demonstrated at a trade show, or of the schedule of the transport of the devices to or from a trade show contained in the authorization shall be immediately reported to the Lottery following notification procedures described in the authorization.

(8) Inspection: Trade show devices displayed or demonstrated at a trade show must be available for inspection by the Oregon State Police or the Lottery Security Section to assure compliance with applicable law.

(9) Confiscation: A device displayed, demonstrated, transported, or otherwise possessed in violation of this rule or any statute is subject to confiscation by law enforcement officers and may be forfeited and destroyed.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4), ORS 167.116 & 461.120
Statutes/Other Implemented: OR Const. Art. XV, § 4, ORS 167.116, 167.117, 461.120 & 461.725
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 21-2002, f. & cert. ef. 11-25-02
LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-2000, f. 3-31-00, cert. ef. 4-3-00
LOTT 12-1999(Temp), f. & cert. ef. 12-27-99 thru 6-20-00

Division 37 LOTTERY VENDOR DISCLOSURE RULES

Or. Admin. R. 177-037-0000 Definitions

The definitions in OAR 177-038-0000 apply to the terms used in this division. In addition, the following definitions apply:

(1) “Control Person” means a person described in ORS 461.410.

(2) “General Procurement” means a procurement for those Goods or Services that do not involve sensitive or secure Lottery information, and includes, but is not limited to, office supplies and equipment, media, vehicles, and promotional products. Disclosure requirements governing this classification are contained in OAR 177-037-0050.

(3) “Major Procurement” has that definition as defined in OAR 177-038-0000(22).

(4) “Sensitive Procurement” means a procurement that involves sensitive and secure information and includes, but is not limited to, Goods or Services involving audits for drawings and security, direct access to gaming computer systems, financial systems, receiving or recording of gaming information, locks and keys for terminals, and also includes the Lottery’s primary advertising agency. Disclosure requirements for this classification of procurements are contained in ORS 461.700 and OAR 177-037-0040.

(5) “Vendor” means, for the purposes of this chapter, any Person interested in providing Goods or Services to the Lottery, but does not include a Lottery game retailer as defined in ORS 461.010(7).

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 8-2018, amend filed 09/28/2018, effective 10/01/2018
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0010 General Policy

(1) General: It is the policy of the Lottery to conduct security background investigations on Lottery Vendors and Lottery Contractors to ensure the competence, integrity, background, good character, and the nature of the true business ownership and control of a Vendor or Contractor.

(2) Disclosure: To assure the security and integrity of the Lottery and Lottery games, the Director may require a Vendor, including any Control Person of the Vendor, or any employee or subcontractor of the Vendor that Lottery determines may have access to sensitive or secure Lottery information, to disclose and provide any information or disclosures deemed necessary to approve the Vendor as a Lottery Contractor. When required by these rules or by the Director, the Vendor must submit an application for approval to be a Lottery Contractor on disclosure forms provided by Lottery and must include all information and disclosures requested.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0020 Classification of Lottery Procurements

(1) General: A procurement or Contract is classified according to the degree to which a Contractor may have access to secure and sensitive Lottery information, including materials or systems, which in the opinion of the Director affect the honesty, fairness, integrity, or security of the Lottery or any Lottery games. The factors used to classify a procurement or Contract include, but are not limited to: The type of Goods or Services to be provided; access to and the potential risk to Lottery games technology or data, access to and the potential risk to Lottery financial systems; and the type of company involved. There are three classifications of Procurements: Major, Sensitive, and General.

(2) Classification: The decision to classify a procurement as a Major, Sensitive, or General Procurement is made by the Director in consultation with the Assistant Director for Security prior to the Lottery’s issuance of a Solicitation Document. The classification of a procurement, disclosure requirements, and instructions for disclosure will be stated in the procurement Solicitation Document or in the procurement advertisement.

(3) Classification Changes: The Director’s decision to classify a particular procurement under sections (1) and (2) of this rule is not binding on the Lottery and in no way limits the authority of the Commission or the Director to change the procurement or Contract classification, or the disclosure requirements at any time prior to the award of a Contract or during the term of a Contract.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0030 Major Procurements

(1) General: In all solicitations for a Major Procurement, Lottery shall clearly identify the solicitation as a Major Procurement.

(2) Disclosure: All procurements classified as a Major Procurement require an extensive security background investigation and are subject to all disclosure requirements specified in ORS Chapter 461 and OAR chapter 177, division 37, and any other special disclosure requirements deemed necessary by the Director or the Commission. An Offer or Proposal for a Major Procurement must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery.

(3) Continuing Disclosure Requirement: Unless otherwise specified in the Contract for a Major Procurement, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0040 Sensitive Procurements

(1) General: In all solicitations for a Sensitive Procurement, Lottery shall clearly identify the solicitation as a Sensitive Procurement

(2) Disclosure: All procurements classified as a Sensitive Procurement require a security background investigation and are subject to all disclosure requirements specified in OAR chapter 177, division 37 and the Solicitation Document, and any other special disclosure requirements deemed necessary by the Director or the Commission. An Offer or Proposal for a Sensitive Procurement must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery.

(3) Continuing Disclosure Requirement: Unless otherwise specified in the Contract for a Sensitive Procurement, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0050 General Procurements

(1) General: In all solicitations for a General Procurement, Lottery shall clearly identify the solicitation as a General Procurement.

(2) Disclosure: A procurement classified as a General Procurement does not require a security background investigation, unless deemed necessary by the Director or the Commission.

(3) Continuing Disclosure Requirement: If a security background investigation is deemed necessary, the Solicitation Document shall include the instructions for disclosure. An Offer or Proposal must include an application for approval to be a Lottery Contractor, including all required information and disclosures, and must be on forms provided by the Lottery. Unless otherwise specified in the Contract, during the term of the Contract a Contractor must update any information or disclosures submitted in the application for approval to be a Lottery Contractor within thirty days of any change.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0060 Vendor Application and Contract Disclosure Requirements

(1) General: The Director may require any degree or type of disclosure deemed necessary to assure the security and integrity of the Lottery and Lottery games.

(2) Forms and Procedures: The Director shall approve all the forms and procedures to be used by all Vendors who wish to apply for approval to be a Lottery Contractor.

(3) Vendor Submission: A Vendor must complete the required application for approval to be a Lottery Contractor and provide any information and disclosures required, as determined by the Director and the Assistant Director of Security within the guidelines and timelines set forth in the Solicitation Document or as otherwise required by the Director and the Assistant Director for Security.

(4) Complete Disclosure Required: The Director may reject an application for approval to be a Lottery Contractor if the Vendor has not provided all the information and disclosures required to be submitted or if any of the information or disclosures submitted is not accurate, current, or truthful.

(5) Continuing Disclosure Requirement: If during the evaluation period for an Offer or Proposal there are any changes to the information or disclosures submitted, a Vendor must update the information as soon as possible. After the Award, a Vendor selected must immediately update any changes to the information or disclosures submitted.

(6) Status Changes: Unless other standards are established in a Contract, during the term of the Contract any changes in the status of the Contractor, the status of a Control Person, or any employee or subcontractor for which information or disclosures were submitted, or the addition of any other Control Person, or the addition of any employee or subcontractor who may have access to sensitive or secure Lottery information, must be reported to the Director within thirty days of the known change. Those whose status has changed or who have been added as a Control Person or added as an employee or subcontractor who the Lottery determines may have access to sensitive or secure Lottery information will be required to submit the required information and disclosures. If there has been no change in Vendor status or Control Persons, the Vendor is required to certify annually on their vendor Contract anniversary date that there has been no change.

(7) Burden of Proof: The burden of proof for satisfying the Lottery’s disclosure requirements resides with the Vendor or Contractor.

(8) Vendor Consent: Each Vendor who submits an application for approval to be a Lottery Contractor must consent in writing to the examination of all accounts, bank accounts, and Vendor records under the Vendor’s possession or control. If required by the Director, a Vendor must permit an inspection of any portion of the Vendor’s business premises deemed necessary by the Lottery.

(9) Investigation Costs: As authorized under ORS 461.700(2), the Director may charge a Vendor an amount necessary to reimburse the Lottery for the costs associated with conducting the security background investigation if the Director determines the costs of the investigation exceed the usual costs of such investigation.

(10) Acceptance of Risk: Each Vendor or Contractor must accept any risk of adverse public notice, embarrassment, criticism, damages, or financial loss, including any publication or use by a third party, which may result from the disclosure or use by Lottery of any information or document submitted by the Vendor or Contractor. By submitting a Vendor application for approval to be a Lottery Contractor to the Lottery, the Vendor or Contractor expressly waives any claim against the State of Oregon, including the Lottery, the Director, the Commission, the Department of State Police, and their officers and employees for any and all damages resulting from the use or disclosure of any information or documents submitted to Lottery or from the use or disclosure of any information obtained by Lottery as a result of the security background investigation.

(11) Indemnification: By submitting an application for approval to be a Lottery Contractor to the Lottery, the Vendor or Contractor agrees to indemnify, defend, and hold harmless the State of Oregon, the Lottery Commission, the Lottery, the Department of State Police, their agents, officers, employees, and representatives, from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses arising out of, or relating to, the use or disclosure of any information or disclosures submitted in the application for approval to be a Lottery Contractor or from the use or disclosure of any information obtained by Lottery as a result of the security background investigation. The Vendor’s or the Contractor’s obligations include, but are not limited to, any and all losses, damages, liabilities, settlements, judgments, fines, costs, fees, and expenses of any nature whatsoever, including, but not limited to, attorneys and other professional fees at trial and on appeal.

(12) Chain of Custody: All required information and disclosures must be submitted in a secure manner and may only be opened for review by the Assistant Director for Security or his designee, or by the Director.

(13) Submission Constitutes Consent: By submitting an Offer or Proposal, a Vendor binds itself, its officers, employees, agents, and any subcontractors to comply with all disclosure requirements established by the Director. Failure or refusal to comply with any applicable requirement may result in denial or revocation of a Contract Award. In the event of denial or revocation of the Award due to refusal or failure to comply with any applicable disclosure requirement set forth in these rules, the Vendor is liable under the bid bond or shall forfeit any security posted for the procurement.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Or. Admin. R. 177-037-0070 Criteria for Denying a Vendor or Control Person Application or Contract

(1) General: Before a Contract for a Major or Sensitive Procurement is Awarded, a security background investigation must be conducted by the Assistant Director for Security for any Vendor who is selected to be Awarded the Contract. The Assistant Director for Security shall conduct any other security background investigation specified by the Director.

(2) Director’s Determination: The Director may deny or revoke approval to be a Lottery Contractor to any Vendor or Contractor when a security background investigation determines:

(a) Business Qualifications: The Vendor or Contractor does not demonstrate, either individually or through its employees or Control Persons, that the business has the ability and experience to establish, operate, and maintain the business operations necessary to provide the Goods or Services required in the Solicitation Document or under the Contract, or to provide the security necessary to protect sensitive and secure Lottery information, materials, or systems.

(b) Financing: The Vendor or Contractor does not demonstrate adequate financing to be able to provide the Goods or Services as required for performance of the Contract.

(c) Integrity: The Vendor, a Control Person of the Vendor, or any employee or subcontractor of the Vendor the Lottery determines may have access to sensitive or secure Lottery information, materials or systems:

(A) Criminal Conviction: Has been convicted of any crime in any jurisdiction.

(B) Gambling Offense Conviction: Has been convicted of any gambling offense in any jurisdiction.

(C) Conduct Constituting a Crime: Has been imposed with a civil judgment based in whole or in part upon conduct which constitutes a crime.

(D) Material Omission: Has omitted any material fact that was to be disclosed to the Lottery or its authorized agents during an initial or subsequent security background investigation.

(E) Threat to the Public Interest: Is an individual or entity whose background, including criminal, civil, and financial records, or whose reputation, or whose personal or business associations, pose a threat to the public interest of the state or to the security and integrity of the Lottery.

(F) Character: Is not of good character, honesty, or integrity.

(G) Material Misstatement: Has provided a material misstatement or untrue statement of a fact deemed to be material by the Director.

(H) Other Conduct: Has engaged in conduct the Director determines may, in any way, adversely affect the integrity, security, honesty or fairness of the Lottery.

(I) Access: Refuses to provide access to records or to inspection of any part of the business premises deemed necessary by the Lottery.

(J) Association: Has an association with a person or business having a known criminal background, or a person the Lottery Director determines is of disreputable character or conduct, and which may adversely affect the general credibility, security, integrity, honesty, fairness or reputation of the Lottery.

(d) Ownership Interest: The Vendor is qualified to be approved as a Lottery Contractor, but there is an ownership interest in the Vendor’s business operation by a Person who is unqualified or disqualified to be approved as a Lottery Contractor.

(e) Tax Violation: The Vendor is in violation of any tax laws described in ORS 305.380(4).

(3) Evaluation Factors: In evaluating whether to deny approval to be a Lottery Contractor to any Vendor or based on subsection (2) of this rule, the Director may consider the following factors:

(a) Nature and Severity: The nature and severity of the conduct, incident, or circumstance;

(b) Time: The passage of time;

(d) Multiple Offenses: The number of offenses, crimes, or incidents;

(e) Materiality and Relevancy: The materiality and relevancy to the work to be performed; or

(f) Extenuating Circumstances: Any extenuating circumstances that affect or reduce the impact of the conduct, incident, offense or crime on the security, integrity, honesty, and fairness of the Lottery.

(4) Director’s Determination: The Director’s decision to deny approval to be a Lottery Contractor is final.

(5) Revocation and Termination: The denial criteria described in this rule may also constitute sufficient grounds for revoking a Contractor’s approval to be a Lottery Contractor and for the termination, immediate or otherwise, of an existing Contract.

History

Statutory/Other Authority: OR Const., Art. XV, §4(4) & ORS 461
Statutes/Other Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
LOTT 17-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 13-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06

Division 38 LOTTERY PROCUREMENT RULES

Or. Admin. R. 177-038-0000 Definitions

The following definitions apply only to the Oregon Administrative Rules contained in OAR Chapter 177, Division 038:

(1) “Addendum” (singular) or “Addenda” (plural) means the written document(s) that Lottery issues to modify or clarify a Solicitation Document.

(2)"Affected Individual”means a Person or Offeror whose ability to participate in a procurement is adversely affected by a decision of the Lottery.

(3)“Alternative Procurement”is defined in OAR 177-038-0090.

(4) “Award” means the decision of the Lottery to enter into a Contract with any Person.

(5) “Bid” means a written response submitted to the Lottery by a Bidder according to instructions in an Invitation to Bid.

(6) “Bidder” means a Person who submits a Bid in response to the Lottery’s Invitation to Bid.

(7) “Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding Lottery-recognized holidays and any other Day that the Lottery’s Headquarters is closed for business for any reason.

(8) “Closing” means the date and time specified in the Solicitation Document as the deadline for submitting Bids or Proposals.

(9) “Commission” has that meaning as defined in ORS 461.010(4).

(10) “Contract” means a legally binding written agreement between the Lottery and one or more Persons for the purchase and sale of Goods, Services, or both.

(11) “Contractor” means a Person with whom Lottery enters into a Contract.

(12) "Cooperative Procurement" means a procurement conducted on behalf of more than one governmental body. "Cooperative Procurement" includes but is not limited to multiagency contracts and Price Agreements. "Cooperative Procurement" does not include an agreement formed among only governmental bodies under ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies.

(13) “Day” means calendar day.

(14) “Director” has that meaning as defined in ORS 461.010(2).

(15) “Emergency” means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Require prompt execution of a Contract to remedy the condition; and

(A) Substantially threaten a loss of revenue, damage or interruption of services or a substantial threat to property, public health, welfare or safety; or

(B) Require immediate action to protect the fairness, integrity, security, or honesty of the Oregon Lottery or an Oregon Lottery game.

(16) “General Procurement” has that meaning as defined in OAR 177-037-0000(2). The process by which Lottery will classify a procurement as a General Procurement is set forth in in OAR 177-037-0020.

(17) “Goods” means supplies, equipment, materials, and personal property, including any tangible, intangible, and intellectual property, and associated rights and licenses.

(18) “Intermediate Procurement” has that meaning as defined in OAR 177-038-0070(3)(b).

(19) “Invitation to Bid” means the written document Lottery issues that invites Bids from prospective Contractors.

(20) “Large Procurement” has that meaning as defined in OAR 177-038-0070(3)(c).

(21) “Lottery” has that meaning as defined in ORS 461.010(3).

(22) “Major Procurement” means a procurement for a contract for the printing of tickets used in any lottery game, any goods or services involving the receiving or recording of number selection in any lottery game, or any goods or services involving the determination of winners in any lottery game. The process by which Lottery will classify a procurement as a Major Procurement is set forth in in OAR 177-037-0020.

(23) “Minor Informalities” has that meaning as defined in OAR 177-038-0170.

(24) “Offer” means a response a Person submits to Lottery according to one of the source selection processes described in OAR 177-038-0070.

(25) “Offeror” means a Person who submits an Offer.

(26) “Person” has that meaning as defined in ORS 461.010(9).

(27) “Price” means the maximum amount Lottery may be obligated to pay the Contractor under a Contract.

(28) “Price Agreement” means a written agreement between Lottery and a Person for Goods, Services, or both, that Lottery may purchase:

(a) Through issuance of a service request order, work order, notice to proceed, purchase order or similar written ordering instrument as prescribed by the agreement; and

(b) At a set price or at a price established using a method prescribed by the agreement with either:

(A) No guarantee of a minimum or maximum purchase quantity; or

(B) An initial order or minimum purchase quantity specified in the agreement, combined with Contractor’s continuing obligation to provide the Goods, Services, or both, upon Lottery’s written request, with no guarantee of minimum or maximum additional purchase quantities.

(29) “Proposal” means a written response submitted according to instructions in a Request for Proposals.

(30) “Proposer” means a Person who submits a Proposal to the Lottery.

(31) “Request for Proposals” means a written document Lottery issues requesting Proposals, which Lottery intends to evaluate and score according to the processes and scored selection criteria described in the Request for Proposals, with the intent to enter into a Contract(s) with the Responsive and Responsible Offeror(s) whose written response(s) either receives the highest score or presents the best value to the State of Oregon, or both.

(32) “Responsible” means a reasonable determination by Lottery that a Person would be a reliable, competent, responsible, accountable, and legally authorized Contractor.

(33) “Responsive” means a reasonable determination by Lottery that an Offer substantially complies in all material respects with instructions and requirements set forth in a Solicitation Document.

(34) “Senior Procurement Manager” means the individual, or his or her designee, in charge of the Lottery’s Procurement and Contracts department.

(35) “Sensitive Procurement” has that meaning as defined in OAR 177-037-0000(4). The process by which Lottery will classify a procurement as a Sensitive Procurement is set forth in in OAR 177-037-0020.

(36) “Services” means labor utilizing skills, knowledge and resources for physical, technical or scientific work or utilizing professional, artistic or managerial thought, discretion or judgment.

(37) “Small Procurement” any procurement of Goods or Services not exceeding $50,000.

(38) “Solicitation Document” means an Invitation to Bid, Request for Proposal, or other document issued to invite Offers from prospective Contractors.

(39) “Specifications” means any description of the physical or functional characteristics of Goods or Services, including any requirement for inspecting, testing or preparing Goods or Services for delivery, and the qualities and quantities of the Goods or Services. Specifications generally dictate a result to be obtained or a standard to be achieved.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0010 Application and General Policy

(1) Purpose: The purpose of these Chapter 177, Division 038 rules is to provide a framework for the Lottery’s procurement processes. These Division 038 rules apply to the Lottery’s procurement of Goods and Services in accordance with ORS 461.440. The intent of these rules is to establish procurement processes and practices that are consistent with policies set forth in ORS 461.400 and ORS 461.440, protect the interests of the Lottery, and promote fairness in contracting with the business community, including processes and practices that:

(a) To the extent reasonable, promote open competitive procurement;

(b) Take into account the particularly sensitive nature of the state lottery, and promote fairness, integrity, security, and honesty in the operation and administration of the Lottery and the objective of raising net revenues for the benefit of the public purposes described in Section 4, Article XV of the Constitution of the State of Oregon;

(d) Promote participation of State certified minority owned, women owned, service disabled veteran owned businesses, and emerging small businesses;

(e) Promote sustainability measures; and

(f) Promote any other policies or directives set forth in Article XV, Section 4 of the Oregon Constitution, or in ORS Chapter 461.

(2) Exceptions: The following types of Contracts are not subject to the source selection methods set forth in these Division 38 rules, and the Lottery may enter into Contracts for the types of Goods and Services described below by any method the Lottery determines is reasonable in the circumstances, including by direct Award and negotiation:

(a) Contracts between the Lottery and a state agency or local government of this or another state, with the United States or a United States governmental agency, with an American Indian tribe or an agency of an American Indian tribe, or with a nation or a public agency in any nation other than the United States as permitted in ORS Chapter 190;

(b) Contracts between the Lottery and State of Oregon Correction Enterprises consistent with the Oregon Constitution, Article 1, Section 41, Subsection 11;

(3)Reservation of Rights: Except as set forth in ORS 461.120, the Lottery is exempt from the provisions of ORS Chapters 279A, 279B and 279C, which govern public contracting and procurement, the Lottery reserves the right to consult the following as guidance in making procurement decisions:

(a) ORS Chapters 279A, 279B and 279C;

(b) The Attorney General’s Model Public Contract Rules (OAR Chapter 137, Divisions 46, 47, 48, and 49);

(c) The Public Contracting Rules established by the Oregon Department of Administrative Services (OAR Chapter 125, Divisions 246, 247, 248, and 249);

(d) Any written opinions issued by the courts of the State of Oregon interpreting any of the foregoing; and

(e) The provisions set forth in the foregoing statutes, administrative rules, and interpretations thereof are not binding on the Lottery, but the Lottery may refer to such statutes, administrative rules, and interpretations for guidance in the interpretation and administration of procurements subject to these Division 38 rules. The Lottery will document in the procurement file the extent to which it relied on the foregoing statutes, administrative rules, or interpretations as guidance for its decisions related to the procurement.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, 4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0020 Procurement Activity

(1) Contracting Authority of Director: By adopting these rules the Commission authorizes the Director to conduct procurements as described in these rules, subject to any limitations set forth in these rules.

(2)Delegation by Director: Pursuant to ORS 461.180(7), the Director may delegate to any Lottery employee the authority to exercise or discharge any of the Director’s powers, duties or functions under these Division 38 rules.

(3) Commission Approval for Major Procurements: The Director may execute a Contract for a Major Procurement only after the Commission has approved the Award.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, 4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0030 Affirmative Action

The Lottery may limit competition on Contracts with an estimated cost of $50,000 or less to carry out affirmative action policies, in accordance with policies and procedures established by the Lottery.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0040 Environmentally Preferable Procurement General Policy

In developing work statements, Specifications, or other product descriptions, the Lottery shall consider the purchase of environmentally preferable products or services that comply with the Lottery's corporate social responsibility principles. This includes, but is not limited to, acquiring Goods that are durable, recyclable, reusable, readily biodegradable, energy efficient, made from recycled materials, and nontoxic. In doing so, the Lottery shall purchase Goods and Services based on long-term environmental impacts and operating costs. Furthermore, the Lottery shall first seek to reuse, repair, or refurbish existing equipment and products prior to purchasing new, to the extent reuse is fiscally sound and complements other Lottery safety and sustainability policies.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0050 Offeror Disclosure Requirements

The Lottery shall classify each Contract as a Major Procurement, a Sensitive Procurement, or a General Procurement. Each Person entering into a Contract with Lottery must comply with the disclosure requirements applicable to the Lottery’s classification. The disclosure requirements are as follows:

(1) General Procurement Disclosure: General Procurement disclosure requirements are specified in OAR 177-037-0050.

(2) Sensitive Procurement Disclosure: Sensitive Procurement disclosure requirements are specified in ORS 461.700 and OAR 177-037-0040.

(3) Major Procurement Disclosure: Major Procurement disclosure requirements are specified in ORS 461.410, ORS 461.700, and OAR 177-037-0030.

History

Statutory/Other Authority: Oregon Constitution, Article XV, §4(4) & ORS Chapter 461
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0060 Cooperative Procurement

The Lottery may participate in, sponsor, conduct, or administer Cooperative Procurements.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0070 Source Selection Methods

(1) "Buy Decision" means the decision to buy Goods or Services through socio-economic programs, agreements, or the open market.

(2) The Lottery may make its Buy Decision in the priority order set forth in sections (a) through (c) below. If a higher priority source can fulfill the needs of a particular procurement, the Lottery may procure through that higher priority source and may elect not to procure through a lower priority source.

(a) Inmate Labor: Procurements of Goods or Services of Oregon inmates pursuant to the Oregon Constitution, Article I, Section 41.

(b) Price Agreements: This rule applies to Price Agreements that were acquired using a competitive approach equivalent to the source selection methods described in OAR 177-038-0070(3). Price Agreements administered by State of Oregon through its Department of Administrative Services, Federal General Service Administration (GSA) federal programs, and Price Agreements entered into and administered as Cooperative Procurements are examples of Price Agreements that may be used by the Lottery. The use of a Price Agreement promotes economy and efficiency through volume and strategic purchases.

(3) If the Lottery determines that it will conduct a procurement to acquire Goods, Services, or both, the Lottery shall Award a Contract for such Goods or Services by one of the following sourcing methods:

(a) Small Procurements: Lottery may Award a Contract for Goods or Services with an estimated Contract Price of $50,000 or less without a competitive process. The Lottery may Award a Contract under this subsection in any manner deemed practical or convenient by the Lottery, including direct selection or Award. A procurement may not be artificially divided or fragmented so as to constitute a Small Procurement under this rule.

(b) Intermediate Procurements: Lottery may Award Contract for Goods or Services with an estimated Contract Price exceeding $50,000 but not in excess of $150,000 after seeking three competitive Offers. The Lottery shall keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Lottery shall make a written record of the effort made to obtain three Offers. If Lottery, in good faith, estimated that the Price resulting from the procurement would be equal to or less than $150,000, and learned thereafter that all of the Offers exceeded $150,000, Lottery may Award a Contract; provided that the Contract Price may not exceed $165,000. A procurement may not be artificially divided or fragmented so as to constitute an Intermediate Procurement under this rule.

(c) Large Procurements : Lottery may Award a Contract for Goods or Services with an estimated Contract Price that exceeds $150,000 after seeking three written solicited competitive Offers provided in response to a written Solicitation Document issued by the Lottery. The Lottery shall keep a written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Lottery shall make a written record of the effort made to obtain the Offers.

(d) Sole Source Procurements : The Lottery may Award a Contract for Goods or Services without a competitive process when so directed by the Commission, or if the Director, or a person designated in writing by the Director, determines in writing, based on current market research, that the Goods or Services are available from only one seller or source.

(e) Emergency Procurements: The Lottery may, in its discretion, enter into a Contract without a competitive Solicitation if an Emergency exists, subject to the following restrictions and qualifications:

(A) Emergency Contracts that are also Major Procurements: Except as otherwise set forth in this rule, the Director may make an Emergency procurement or enter into an Emergency Contract for a Major Procurement only with the approval of the Commission. If the Emergency procurement requires immediate approval of the Contract, the Commission may conduct its meeting as provided in ORS 192.670 and 192.640(3). By adopting these Division 38 rules, the Lottery Commission approves the award of a Major Procurement that is also an Emergency Contract if (i) an Emergency exists that can only be addressed by the execution of an Emergency Contract for a Major Procurement, and it is impractical to assemble a quorum of the Commission in time to address the Emergency.

(B) Extension of Emergency Contract: The Director may enter into an extension of an Emergency Contract, including an extension of an Emergency Contract for a Major Procurement, without the approval of the Commission, where the original Contract or the declaration of the Emergency specifically provides for the extension, and the extension does not result in any change in the terms and conditions of the Contract other than an extension to its term and dollar amounts associated with the extension. In addition, if the Emergency Contract is also a Major Procurement, the Lottery must also determine that the Contractor has maintained its status as an approved Major Procurement vendor pursuant to OAR 177-037-0030 and OAR 177-037-0060.

(C) Director’s Report: The Director shall make reasonable efforts to report to the Commission in writing any Emergency Contract by the next scheduled Commission meeting following the Contract Award date. However, the Director’s inability or failure to report to the Commission within this time shall not affect the validity of any Emergency Contract.

(f) Alternative Procurements: The Lottery may Award a Contract as an Alternative Procurement in accordance with OAR 177-038-0090.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0080 Brand Name or Equal Specification

(1) Applicability and Use. Lottery may establish “brand name or equal” Specifications in a solicitation or Solicitation Document in accordance with this Rule.

(a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Lottery because the brand name describes the standard of quality, performance, functionality, or other characteristics of the Goods or Services needed by the Lottery.

(b) The Lottery is entitled to determine what constitutes Goods or Services that are equal or superior to the Goods or Services specified, and any such determination made according to this section is final.

(c) Nothing in this subsection may be construed as prohibiting the Lottery from specifying one or more comparable Goods or Services as examples of the quality, performance, functionality or other characteristics of the Goods or Services needed by the Lottery.

(2) Determination. A brand name or equal Specification may be prepared and used only if the Lottery determines that only the identified brand name or equal Specification will meet the needs of the Lottery based on one or more of the following written determinations:

(a) That use of a brand name or equal Specification is unlikely to encourage favoritism in the Award of a Contract;

(b) That use of a brand name or equal Specification would result in substantial cost savings to the Lottery; or

(3) Lottery may use a brand name or equal Specification in a Small Procurement without complying with subsection (2) of this rule.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0090 Alternative Procurements

(1) The Lottery may Award a Contract as an Alternative Procurement pursuant to the requirements of this section. Such procurements allow the Lottery to enter into a series of Contracts over time pursuant to the authorization provided in regard to the Alternative Procurement and without necessarily following the requirements of an Intermediate or Large Procurement. The Director must approve each use of an Alternative Procurement, and may approve or deny Alternative Procurement requests submitted in a written memorandum that includes the information specified in Subsection (2) below. The Alternative Procurement request shall identify whether it is for one or more particular Contracts or classes of Contracts.

(2) For purposes of OAR 177-038-0090 the following definitions are applicable:

(a) “Class Alternative Procurement” means a contracting procedure that differs from the procedures defined in OAR 177-038-0070(3)(a) through (e) and is for the purpose of entering into a series of Contracts over time or for multiple projects.

(b) “Contract – Specific Alternative Procurement” means a contracting procedure that differs from the procedures defined in OAR 177-038-0070(3)(a) through (e) and is for the purpose of entering into a single Contract or a number of related Contracts on a time basis or for a single project.

(c) “Alternative Procurement” means a Class Alternative Procurement, a Contract – Specific Alternative Procurement, or both.

(3) In a written memorandum, the Alternative Procurement requests shall contain the following:

(a) Reasons why the Lottery has elected to use an Alternative Procurement.

(b) A description of the alternative process designed by the Lottery, which shall include a description of the Goods and Services that are the subject of the Alternative Procurement and the procurement process that the Lottery intends to use to acquire those Goods or Services, including provisions for amendment to the resulting Contract, and criteria for selection.

(c) Any additional information the Director determines reasonably necessary to evaluate the Lottery's request for approval of an Alternative Procurement.

(4) The Director may approve or deny the request for an Alternative Procurement in accordance with this rule. Following the Director’s approval the Lottery may conduct the Alternative Procurement.

(5) The Director declares the following as classes of Alternative Procurements:

(a) Books, Memberships, and Subscriptions: The Lottery may purchase copyrighted materials directly and without a competitive procurement where there is only one known supplier available for such goods. This includes but is not limited to dues and fees for books, memberships, or subscriptions.

(b) Sponsorships: The Lottery may direct Award sponsorship agreements directly and without competitive procurement to help entities carry out their projects or activities that align with the Lottery’s mission in exchange for advertising.

(c) Gaming Contracts: The Lottery may issue a direct Award for Contracts for (a) Video Lottery terminals and Video Lottery games (including the equipment and services necessary to operate and maintain the Video Lottery terminals and Video Lottery games);(b) Goods or Services involving the receiving or recording of number selection in any Lottery game, or any Goods or Services involving the determination of winners in any Lottery game; (c) gaming devices, which means any type of equipment or method, including any electronic or manual equipment or combination thereof, or video device, on which a game is authorized by the Oregon State Lottery Commission is played. The device must display the amount that may be won, the amount wagered and any play credits available to the player. A gaming device may include a device that is intended primarily for personal or business use; or (d) gaming device game, (including the equipment and services necessary to operate and maintain the gaming device games), which means any procedure authorized by the Oregon State Lottery Commission that is a game on a gaming device, whereby by the opportunity to win includes a wagering process using a methodology that is based predominantly on chance to determine the outcome of the wager. The outcome of the wager may involve skill as long as the element of chance plays a predominant role. The methodology used must be testable by an independent testing laboratory.

(d) Repair Contracts: The Lottery may direct Award equipment repair and overhaul Contracts subject to the following conditions:

(A) The service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing; or

(B) The service or parts required are for sophisticated equipment for which specifically trained personnel are required and such personnel are available from only one source.

(e) Security Contracts: The Lottery may direct Award Contracts to security vendors for studies, assessments or other security services that review secure and sensitive Lottery information, including material or systems that affect the fairness, integrity, security or honesty of the Lottery or any Lottery games.

(f) Manufacturer Direct Supplies: The Lottery may purchase Goods directly from a manufacturer if the price from the manufacturer is the same or less than the cost the manufacturer charges to its distributor(s).

(g) Software and Hardware Maintenance, Licenses, Subscriptions, and Upgrades: The Lottery may directly enter into a Contract or renew existing Contracts for information technology hardware or software maintenance and support, licenses, subscriptions and upgrades without competitive Solicitation where the maintenance, upgrades, subscriptions, and licenses are either available from only one provider or, if available from more than one provider, are obtained from the Lottery’s current provider in order to utilize the pre-existing knowledge of the provider regarding the specifics of the Lottery’s hardware or software systems. The Lottery shall document in the procurement file the facts that justify that maintenance, license(s), subscriptions, and upgrades were available from only one provider or from the current vendor.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0100 Public Notice of Solicitation Documents

Notice: The Lottery will provide notice of Solicitation Documents and other notices required or authorized by these Division 38 rules by one or more of the following methods:

(1) By publishing notice on the on-line system maintained by the Oregon Department of Administrative Services;

(2) By publishing notice on any Lottery electronic procurement system that it may establish and maintain;

(3) By placing a notice in a newspaper or trade journal of general circulation in the area where the Goods or Services will be delivered or performed;

(4) By giving direct written or electronic notice to potential providers known to the Lottery; or

(5) By giving or publishing notice by any other means reasonably determined by the Director under the circumstances to provide sufficient notice to fulfill the purpose and policies of these Division 38 rules.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0110 Modification or Cancellation of Solicitation Process

(1) Modification: The Lottery may modify or cancel a Solicitation Document as follows:

(a) Modification Issuance: Any changes to the Solicitation Document will be by written Addenda.

(b) Addenda Issuance: The Lottery will issue Addenda in the manner described in the Solicitation Document or, if not described in the Solicitation Document, by providing notice in accordance with Section 100 of these Division 38 rules, within a reasonable time before Closing to allow Proposers to consider the Addenda in preparing Bids or Proposals.

(c) Extension of Closing: The Lottery may extend Closing if it determines that Proposers need additional time to review and respond to Addenda.

(2) Cancellation: At any time before execution of a Contract, the Lottery may cancel a procurement if Lottery determines that it is in the Lottery’s best interests to do so. The Lottery is not liable to any Person or Offeror for any loss or expense resulting from such cancellation. If the Lottery cancels a procurement, the Lottery will document the reasons for the cancellation in its files. If the Lottery cancels a procurement, the Lottery will not return Offers unless explicitly requested by the Offeror. Lottery will retain any Proposal it receives in accordance with applicable law.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0120 Requests for Changes to or Clarification of a Solicitation Document

(1) Requests: If provided in the Solicitation Document, the Lottery will accept and consider requests to change, or clarify a Solicitation Document. Each request for change or clarification must include a statement clearly describing the desired change or clarification requested.

(2) Submission of Requests to the Lottery: Persons must submit written requests for change or clarification to a Solicitation Document as specified in the Solicitation Document. The Lottery may, but is not required to, consider a request for change or clarification submitted after the applicable submission deadline.

(3) Lottery's Response: The Lottery will issue a written response to each request for change or clarification. The Lottery’s written response does not bind Lottery unless the Lottery modifies the Solicitation Document by publishing an Addendum to reflect the response, and to make any associated changes to the Solicitation Document. After issuing a written response, the Lottery may, in its sole discretion, leave the Solicitation Document unchanged, issue an Addendum reflecting Lottery’s disposition of the request for change or clarification, or cancel the procurement.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0130 Late Submission of Bids or Proposals, Modifications, and Withdrawal

(1) Late Submission:

(a) Any Offer in response to a Solicitation Document received after Closing is late. An Offeror’s request for withdrawal or modification of an Offer in response to a Solicitation Document received after Closing is late. The Lottery shall not consider withdrawals submitted after Closing except as permitted in OAR 177-038-0130(2)(b).

(b) An Offer, withdrawal or modification will be considered received by the Lottery as of the earlier of:

(A) The date and time stamp affixed to the Offer, withdrawal or modification by Lottery upon its receipt; or

(B) The date and time of delivery to Lottery as recorded by the public or commercial carrier that delivered the Offer, withdrawal or modification; provided that Lottery is able to verify to its reasonable satisfaction the accuracy of such record.

(2) Bids and Proposals - Modification or Withdrawal:

(a) Before Closing:An Offeror may modify or withdraw its Bid or Proposal before Closing by submitting a written Bid or Proposal modification or written Bid or Proposal withdrawal notice to Lottery that includes the signature of Offeror’s authorized representative acknowledging the modification or withdrawal. The signature of Offeror’s authorized representative may be either electronic or handwritten. The last Offer received by the Lottery before Closing will supersede all previous Offers.

(b) After Closing: The Lottery may permit an Offeror to withdraw an Offer after Closing based on one or more errors in the Offer only if the Offeror provides a detailed written description of the error to the Lottery and demonstrates to the satisfaction of the Director:

(A) Minor Informality: The error is not a Minor Informality as defined in OAR 177-038-0170;

(B) Good Faith: The Offeror acted in good faith and without gross negligence in submitting an Offer to the Lottery that contained the error and in claiming that error exists;

(C) Substantial Detriment: The Offeror will suffer substantial detriment if the Lottery does not permit the Offeror to withdraw the Offer;

(D) Non-Reliance of Lottery: The Lottery has not relied upon the Offer to the Lottery’s detriment such that permitting the Offeror to withdraw the Offer will cause substantial hardship on the Lottery; and

(E) Prompt Notice: The Offeror promptly gave notice of the claimed error to the Lottery.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0140 Submission, Receipt, Opening, and Recording of Offers; Confidentiality of Offers

(1) Offer Submission: Offeror must submit Offers in response to a procurement in the format specified by the Solicitation Document. All Bids and Proposals are firm Offers and are irrevocable, valid, and binding on the Offeror for not less than sixty Days following Closing unless otherwise specified in the Solicitation Document.

(2) Receipt: The Lottery shall electronically or mechanically time-stamp or hand-mark the date and time of receipt of each Offer and any modification received by the Lottery. The Lottery shall not open sealed Offers or any modification upon receipt, but shall maintain it as confidential until Closing. If the Lottery inadvertently opens a sealed Offer or any modification prior to Closing, the Lottery shall reseal and document the circumstances surrounding the inadvertent opening for its files and return the Offer or modification to its confidential state until Closing.

(3) Opening: The Lottery does not publicly open Offers.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0150 Offer Evaluation; Clarification of Offers; Award

(1) Evaluation: The Lottery will evaluate Offers using the process and criteria specified in the Solicitation Document.

(2) Clarification of Offers: The Lottery may contact Offerors after Closing for clarification of Offers to facilitate the Lottery’s full understanding of the Offers. The Lottery will document in the procurement file all Offer clarifications obtained.

(3) Award Based on Bids or Proposals:

(a) Award Based on Bids: Unless otherwise specified in the Invitation to Bid, the Lottery will issue an Award to the Responsible Bidder who has submitted a Responsive Bid that includes the lowest Contract cost to the Lottery and that otherwise complies with these Division 38 rules.

(b) Award Based on Proposals: Unless otherwise specified in the Request for Proposals, the Lottery will issue an Award to the Responsible Proposer whom the Lottery has determined, according to the criteria specified in the Request for Proposals, is the best qualified Proposer to perform the Contract and whose Proposal is Responsive and otherwise complies with these Division 38 rules.

(c) Multiple Awards: The Lottery may issue multiple Awards from one Invitation to Bid or Request for Proposals according to the criteria specified in the Solicitation Document.

(d) Partial Awards: The Lottery may issue an Award for only a portion of the Goods or Services specified in a Solicitation Document according to the criteria specified in the Solicitation Document.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0160 Bid and Proposal Rejection

Bid and Proposal Rejection: The Lottery may at any time reject all Offers provided in response to a Solicitation Document if the Lottery determines that it is in the Lottery’s best interest to do so and may reject individual Offers upon the Lottery's finding that the Offer:

(1)Contingent: Is contingent upon the Lottery's acceptance of terms and conditions (including Specifications) that differ from those specified in the Solicitation Document;

(2) Exceptions: Takes exceptions to terms and conditions (including Specifications) specified in the Solicitation Document;

(3) Non Responsive: Is not Responsive because:

(a) The Offer offers Goods or Services that fail to meet the Specifications;

(b) The Offer offers Goods or Services that otherwise fail to meet the requirements of the Solicitation Document;

(d) The Offer is otherwise not Responsive to the terms of the Solicitation Document.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0170 Minor Informalities

(1) General: The Lottery may accept Offers that contain, or allow an Offeror to correct an Offer that contains, Minor Informalities.

(2) Examples: Minor Informalities include errors in form rather than substance and errors in an Offer that can be overlooked or corrected without prejudice to other Offerors. Minor Informalities do not cause an Offer to be non-Responsive. Examples of Minor Informalities include, but are not limited to:

(a) Incorrect Number of Copies: The Offeror failed to submit the correct number of signed Offers or the correct number of other documents required by the Solicitation Document;

(b) Signature Errors: The Offeror failed to sign the Offer in the designated block, provided that an authorized signature appears elsewhere in the Offer as evidence of Offeror’s intent to be bound;

(c) Failure to Acknowledge: The Offeror failed to acknowledge receipt of an Addendum to the Solicitation Document. Provided that it is evident on the face of the Offer, or the Lottery has written evidence, that the Offeror received the Addendum and intends to be bound by its terms; or

(d) Clerical Errors: Clerical errors that are evident within the Offer, including typographical errors, errors in extending unit prices, math errors, and instances in which the intended correct unit or amount is evident by simple arithmetic calculations. If a specified unit price, when extended, does not equal the specified extended price, then Lottery shall use the specified unit price for purposes of extended price determination.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0180 Responsible Offerors; Rejection for Offeror Non-Responsibility

(1) General: Only Responsible Offerors are eligible for Award. If the Lottery determines that an Offeror is not Responsible, the Lottery will reject the Offeror’s Offer and will provide a written summary to the Offeror of the basis for Lottery’s determination that the Offeror is not Responsible.

(2) Considerations: In determining whether an Offeror is Responsible, the Lottery may seek and use information in addition to that submitted with Offeror’s Offer. In making its determination of Responsibility, in addition to any other criteria Lottery deems relevant, the Lottery may consider whether the Offeror:

(a) Corporate Capability and Business Qualifications: Has available the appropriate financial, material, equipment, facilities, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary for the Offeror to meet all potential contractual obligations;

(b) Record of Performance: Has a satisfactory contract performance record. The Lottery will carefully review an Offeror's contract performance record to determine if the Offeror is or recently has been materially deficient in contract performance. The Lottery will determine whether the Offeror's deficient performance was excused under the specific terms of the contract or whether the Offeror took appropriate corrective action. The Lottery may review the Offeror's performance under both private and public contracts through interviews with the other contracting party or review of performance documentation, or both;

(c) Record of Integrity: Has a satisfactory record of integrity. An Offeror may lack integrity if the Lottery determines that the Offeror demonstrates a lack of business ethics such as by evidence of Offeror’s violation of state environmental laws or by making false certifications. The Lottery may find an Offeror not Responsible based on the lack of integrity of any individual or entity having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror's performance under the Contract or a parent company, predecessor or successor individual or entity);

(d) Legally Authorized: Is legally authorized to Contract with the Lottery;

(e) Necessary Information: Has promptly provided all information that the Lottery has requested to facilitate the Lottery’s determination whether or not the Offeror is Responsible. If the Offeror fails to promptly provide any information Lottery requests, the Lottery will base its determination upon the information Lottery has available; and

(f) Suspension: If an Offeror has been suspended by the Lottery under OAR 177-038-0260. The Lottery may consider a suspended Offeror for Award during the suspension period if the Director determines that the Offeror’s participation is in the Lottery’s best interest. The Director will specify in writing the factors and limits upon which the Offeror’s participation is based.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0190 Cancellation of a Solicitation Document, Offer, or Award

Lottery may cancel a procurement, or may reject all Offers when the cancellation or rejection is in the best interest of the Lottery as determined by the Lottery. The reasons for the cancellation or rejection must be made a part of the procurement file. The Lottery is not liable to any Offeror for any loss or expense caused by or resulting from the cancellation of a Solicitation Document, or the rejection of any or all Offers.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0200 Identical Bids; Preference for Oregon Goods and Services

(1) Award When Bids are Identical: If the Lottery receives Bids that the Lottery determines are identical in Price (“Identical Bids”), and chooses to issue an Award, the Lottery will issue the Award based on the following order of precedence:

(a) Oregon Bidder: The Lottery will issue an Award to the Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon. If the Lottery receives Identical Bids from more than one Bidder offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon, the Lottery will issue an Award by drawing lots from among those Bidders offering Goods manufactured in Oregon or whose main corporate office or primary business location is in Oregon that submitted the Identical Bids.

(b) COBID Certified Bidders: The Lottery will issue an Award to a Certification Office for Business Inclusion and Diversity (COBID) certified Minority, Women, Emerging Small Business (MWESB) or service disabled veteran owned business. If multiple COBID certified Bidders exist, the Lottery will issue an Award by drawing lots from among those COBID certified Bidders who submitted the identical Bids.

(c) No Applicable Preferences:If the Lottery receives Identical Bids, and none of the Identical Bids include Goods manufactured in Oregon or a Bidder with a main corporate office or primary business location in Oregon, and none of the Bidders are COBID certified Bidders, then the Lottery will issue an Award by drawing lots from among Bidders that submitted the Identical Bids.

(2)Procedure for Drawing Lots: When these Division 38 rules require the drawing of lots, the Lottery will provide notice of the date, time, and location of the drawing of lots to Bidders who submitted Identical Bids. These Bidders may attend the drawing. The Lottery will draw lots by a procedure that affords each Bidder subject to the drawing a substantially equal probability of selection and that does not allow the person making the selection the opportunity to manipulate the drawing to increase the probability of selecting one Bidder over any other Bidder.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0210 Award Notice

If the Lottery chooses to issue an Award following issuance of a Solicitation Document and its review and evaluation of Proposals received in response to a Large Procurement, the Lottery will provide a written notice to all Offerors who submitted an Offer in response to that Solicitation Document that identifies the Contractor or Contractors to whom Lottery intends to Award a Contract.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0220 Protest of Large Contract Awards and Alternative Procurements; Appeals; Judicial Review

(1) Protest of Large Contract Awards:

(a) Award Protest Opportunity: Any Offeror who submitted an Offer in response to a Large Procurement may protest the Award by submitting a protest to the Lottery within five Days following the date of the Award notice, unless a different time period is specified in the Solicitation Document.

(b) Award Protest Content: All Award protests must be received in writing and signed either in writing or electronic form by the Offeror’s authorized representative. The Award protest must be received by the Lottery by the time set forth in Subsection (1)(a) above, and provide relevant legal and factual arguments that:

(A) All lower Bids or higher ranked Proposers are ineligible to receive the Award because they are not Responsive; or

(B) The Lottery committed a material violation of a provision in the Solicitation Document or of an applicable statute or administrative rule that resulted in prejudice to the Offeror that caused the Lottery to not issue an Award to that Offeror.

(c) Lottery's Response: The Lottery's Senior Procurement Manager or designee will review each timely-submitted Award protest and will issue a written response to the Offeror within three Business Days following the Lottery’s receipt of the protest.

(A) Response Content: The Lottery’s written response may include the Senior Procurement Manager’s or designee’s decision affirming or denying the Award protest, a notice to the Offeror that Lottery needs additional time to evaluate the protest, or a request for additional information from the Offeror that the Lottery may need to evaluate the protest.

(B) Follow-up Response: The Lottery will issue a follow-up response to the Offeror within a reasonable time following the Lottery’s notice to the Offeror that the Lottery needs additional time to evaluate the Award protest or following Lottery’s receipt of the additional information Lottery has requested from the Offeror.

(2) Appeal of Protest Determination:

(a) Appeal to the Director:

(A) General: If the Offeror disagrees with the Senior Procurement Manager's Award protest decision, the Offeror may appeal the decision to the Director by submitting a written appeal to the Director within three Business Days following the date of the Lottery’s notice to the Offeror setting forth Lottery’s decision in response to the Award protest.

(B) Process: The Director will review each timely-submitted appeal of the Senior Procurement Manager’s Award protest decision and will issue a written response to the Offeror within three Business Days following the Director’s receipt of the appeal. The Director may include in the written response the Director’s affirmation, rejection or modification of the Senior Procurement Manager’s Award protest decision, a notice to the Offeror that the Director needs additional time to evaluate the appeal, or a request for additional information from the Offeror that the Director may need to evaluate the appeal.

(C) Director’s Follow-up Response: The Director will issue a follow-up response to the Offeror within a reasonable time following the Director’s notice to the Offeror that the Director needs additional time to evaluate the appeal or following the Director’s receipt of the additional information the Director has requested from the Offeror.

(b) Appeal to Commission:

(A) General: If the Offeror disagrees with the Director’s decision on the appeal of the Senior Procurement Manager’s Award protest decision, the Offeror may appeal the Director’s decision to the Commission by submitting a written appeal to Commission, through the Director, within two Business Days following the date of the Director’s decision.

(B) Process: When considering the appeal of the Director’s decision, the Commission may either:

(i) Review the protest documents and other information presented to the Senior Procurement Manager and to the Director. The Commission will issue a written response to the appeal of the Director’s decision within a reasonable time following the Commission’s receipt of the appeal. The Commission may include in the written response the Commission’s affirmation, rejection or modification of the Director’s decision on the appeal of the Senior Procurement Manager’s Award protest decision, a notice to the Offeror that the Commission needs additional time to evaluate the appeal, or a request for additional information from the Offeror that the Commission may need to evaluate the appeal; or

(ii) Confirm in writing the Director’s decision and issue such decision as the Lottery’s final order with respect to the protest.

(C) Commission’s Follow-up Response: If the Commission decides to review the Director’s decision pursuant to Subsection 2(b)(B)(i) above, the Commission will issue a follow-up response to the Offeror within a reasonable time following the Commission’s notice to the Offeror that the Commission needs additional time to evaluate the appeal or following the Commission’s receipt of the additional information the Commission has requested from the Offeror.

(3) Late Protests; Late Appeals: The Lottery will not consider an Offeror's protest or appeal submitted after the timelines specified for submission in this rule.

(4) Judicial Review: An Offeror who submitted a protest may seek judicial review of the Commission's decision according to ORS Chapter 183 for orders in other than contested cases.

(5) Successful Protest: If the Lottery or a court of competent jurisdiction sustains any or all of a protest, the Lottery may, in its sole discretion, withdraw the Award and issue a subsequent Award, or withdraw the Award and cancel the Offeror selection process. The Lottery may, at any time after cancellation of the Offeror selection process or Award withdrawal, conduct a new Offeror selection process, including issuing a new Invitation to Bid or a new Request for Proposals with the same or revised terms, conditions and Specifications as used in the original Solicitation Document.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0230 Negotiations

Following Closing, the Lottery may negotiate any Contract terms or conditions with any Offeror if the Lottery determines that negotiation is in the Lottery’s best interests.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0240 Contract Amendments

(1) Generally: The Lottery may amend a Contract if the Lottery determines that it is in the Lottery’s best interests to do so, subject to the following:

(a) Scope: The amended Contract is within the scope and attributes of the Goods and Services described in the Solicitation Document, or if no Solicitation Document was issued for the Contract, consistent with the authority under which the Contract was formed; and

(b) Favorability: The Lottery determines that, with all things considered, the amended Contract is at least as favorable to the Lottery as the original Contract.

(2) Small or Intermediate Contract Amendments: The cumulative amendments to a Contract arising out of a Small Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Small Procurement under OAR 177-038-0070(5)(a) unless the Senior Procurement Manager approves in writing a greater amount. The cumulative amendments to a Contract arising out of an Intermediate Procurement must not increase the total Contract Price to an amount greater than one hundred twenty five percent of the maximum threshold for a Contract arising out of an Intermediate Procurement under OAR 177-038-0070(5)(b) unless the Senior Procurement Manager approves in writing a greater amount.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0250 Performance Security

For each Major Procurement Contractor shall deliver performance security to the Lottery of the type, in the amount and by the date specified in the Contract, pursuant to ORS 461.430. Performance security must be issued or held by a surety, financial institution, insurer, escrow agent, or other entity or individual authorized to conduct business in Oregon, and acceptable to the Commission, and may include, but is not limited to, a performance bond, an irrevocable letter of credit, a certified check, or cash.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Or. Admin. R. 177-038-0260 Suspension of Persons

(1) Suspension. The Lottery may suspend a Person from an Award of Lottery Contracts for up to three years if:

(a) Contract Performance: The Person has performed unsatisfactorily under a Contract or has committed a material breach of a Contract.

(b) Contract Offense Conviction: The Person has been convicted of a criminal offense resulting from obtaining, or attempting to obtain, a public or private contract or subcontract, or resulting from the performance of such contract or subcontract.

(c) Business Offense Conviction: The Person has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the Person's responsibility as a Contractor or that the Lottery determines may affect the fairness, integrity, honesty, or security of the Lottery or any Lottery games.

(d) Antitrust Conviction: The Person has been convicted under state or federal antitrust statutes.

(e) Workers’ Compensation or Employment Statute Violation: The Person does not carry worker's compensation or unemployment insurance as required by statute.

(f) Other: The Lottery may attribute improper conduct of an individual or entity or its affiliate or affiliates having a contract with a Person to the Person for purposes of suspension determinations where the impropriety occurred in connection with the individual’s or entity’s duty for, on behalf of, or with the knowledge, approval, or acquiescence of, the Person.

(2) Notice. Lottery will provide written notice to a Person suspended by Lottery under OAR 177-038-0260.

(3) Suspension Protest Opportunity: Any Person who receives a suspension notice from the Lottery may submit a written protest of the notice to the Senior Procurement Manager within the later of five Days following the date of the suspension notice or the date specified in the suspension notice.

(a) Suspension Protest Content: All suspension protests must be in writing and signed either in writing or electronic form by the Person’s authorized representative. The suspension protest must state all facts and arguments upon which the Person is basing the protest.

(b) Lottery's Response: The Lottery's Senior Procurement Manager will review each timely-submitted suspension protest and will issue a written response to the Person within three Business Days following the Lottery’s receipt of the protest.

(A) Response Content: The Lottery’s written response may include the Senior Procurement Manager’s decision affirming or denying the suspension protest, a notice to the Person that the Lottery needs additional time to evaluate the protest, or a request for additional information from the Person that the Lottery may need to evaluate the protest.

(B) Follow-up Response: The Lottery will issue a follow-up response to the Person within a reasonable time following Lottery’s notice to the Person that the Lottery needs additional time to evaluate the suspension protest or following the Lottery’s receipt of the additional information that the Lottery has requested from the Person.

(4) Suspension Effective Date: A Person’s suspension under this section is effective when the Person’s rights to protest the suspension under Subsections 3 and 5 are exhausted.

(5) Appeal of Protest Determination:

(a) Appeal to the Director:

(A) General: If the Person disagrees with the Senior Procurement Manager's suspension protest decision, the Person may appeal the decision to the Director by submitting a written appeal to the Director within three Business Days following the date of the Senior Procurement Manager’s suspension protest decision.

(B) Process: The Director will review all timely-submitted appeals of the Senior Procurement Manager’s suspension protest decision and will issue a written response to the Person within three Business Days following the Director’s receipt of the appeal. The Director may include in the written response the Director’s affirmation, rejection or modification of the Senior Procurement Manager’s suspension protest decision, a notice to the Person that the Director needs additional time to evaluate the appeal, or a request for additional information from the Person that the Director may need to evaluate the appeal.

(C) Director’s Follow-up Response: The Director will issue a follow-up response to the Person within a reasonable time following the Director’s notice to the Person that the Director needs additional time to evaluate the appeal or following the Director’s receipt of the additional information the Director has requested from the Person.

(b) Appeal to Commission:

(A) General: If the Person disagrees with the Director’s decision on the appeal of the Senior Procurement Manager’s suspension protest decision, the Person may appeal the Director’s decision to the Commission by submitting a written appeal to Commission, through the Director, within two Business Days following the date of the Director’s decision.

(B) Process: When considering the appeal of the Director’s decision, the Commission will review the suspension protest documents and other information presented to the Senior Procurement Manager and to the Director. The Commission will issue a written response to the appeal of the Director’s decision within a reasonable time following the Commission’s receipt of the appeal. The Commission may include in the written response the Commission’s affirmation, rejection or modification of the Director’s decision on the appeal of the Senior Procurement Manager’s suspension protest decision, a notice to the Person that the Commission needs additional time to evaluate the appeal, or a request for additional information from the Person that the Commission may need to evaluate the appeal.

(C) Commission’s Follow-up Response: The Commission will issue a follow-up response to the Person within a reasonable time following the Commission’s notice to the Person that the Commission needs additional time to evaluate the appeal or following the Commission’s receipt of the additional information the Commission has requested from the Person.

(6) Late Protests; Late Appeals: The Lottery will not consider a Person’s suspension protest or appeal submitted after the submission timelines specified in this rule.

(7) Judicial Review: A Person may seek judicial review of the Commission's decision made pursuant to this section as set forth in ORS Chapter 183 for orders other than contested cases.

History

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)
Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440
LOTT 8-2018, adopt filed 09/28/2018, effective 10/01/2018

Division 40 RETAILER CONTRACT

Or. Admin. R. 177-040-0000 Definitions

For purposes of OAR Chapter 177 Division 40, the following definitions apply except as otherwise specifically provided in OAR Chapter 177 or unless the context requires otherwise:

(1) “Age-controlled area” means an area where a natural person who is under 21 years of age is prohibited from entering or remaining as posted by either the Lottery or the Oregon Liquor and Cannabis Commission.

(2) “Applicant” means a person applying for a contract with the Lottery for the purpose of selling Lottery tickets or shares to the public, and any key person.

(3) “Application” means the forms, documents, or other information that the Lottery requires an applicant to submit to the Lottery in order to apply for or maintain a retailer contract.

(4) “Business” includes:

(a) A commercial activity engaged in for profit or gain; or

(b) The activity engaged in by a nonprofit organization; or

(5) “Complete application” means an application that is completely filled out, and when required, is signed by the applicant, and includes all the documentation and information requested by the Lottery.

(6) “Premises” means the building and grounds occupied by a business (including those areas not normally open to the public), where traditional Lottery game tickets and shares, Video Lottery game shares, or both, are sold. Premises includes an area designated by the Lottery at any single location identified in an application as a proposed site for Oregon Video Lottery terminals.

(7) “Key person” means:

(a) Corporations: For any corporation, including a subsidiary of a parent corporation:

(A) Stockholders: Any stockholder of a corporation who owns 10 percent or more of the outstanding stock in such corporation.

(B) Directors: Any director of a corporation who owns or controls 3 percent or more of the voting stock in such corporation.

(b) Private Clubs: For a private club as described in ORS 471.175(8):

(A) The treasurer;

(B) Any officers, directors, or trustees who oversee or direct the operation of the food, beverage, Lottery, or other gambling-related activities of the private club; and

(D) The provisions of paragraphs (7)(a)(A), (B), and (C) of this rule do not apply to private clubs.

(d) Associations: The members, officers, and directors.

(e) Partnerships and Joint Ventures:

(A) All general partners;

(B) All limited partners whose partnership interest is 10 percent or more in the partnership; and

(f) Limited Liability Companies:

(A) Any manager of the limited liability company; and

(B) Any member of the limited liability company whose investment commitment or membership interest is 10 percent or more in the limited liability company.

(g) Layered Ownership: If the parent company, general partner, limited partner, joint venturer, stockholder, member or manager of a limited liability company is itself a corporation, trust, association, subsidiary, partnership, joint venture or limited liability company, then the Director may require that the applicant provide disclosure for such entity as if such entity were a key person itself.

(h) Family Members: Immediate family members as required in ORS 461.300(2)(b)(G) and (H).

(i) Sole Proprietors: The sole proprietor, if the retailer is a sole proprietor.

(j) Managers:

(A) General: A person, regardless of title, who acts or who has real or apparent authority to act on behalf of the owner in most matters concerning the operation of the owner’s business during all business hours.

(B) Specific Duties: A person, regardless of title, who routinely performs all of the following duties:

(i) Hires and fires employees;

(ii) Makes purchasing decisions relating to the buying of supplies and inventory; and

(iii) Conducts banking functions for the business.

(D) Area Manager: A person who operates multiple locations or supervises multiple store managers.

(E) Exception: The definition of “manager” contained in this subsection (j) does not include a person who manages or operates a single convenience store as that term is defined in OAR 177-045-0000(2).

(k) Landlord: A landlord who receives 40 percent or more of the retailer’s Lottery commissions as a part of lease payments or rent, or any landlord who the Director finds, based on reasonably reliable information, exerts influence over the operation of the retailer’s business.

(l) Contractual Relationship: Any person who has a lease, contract, or other agreement with the applicant or retailer or anyone else, to provide food service or to manage or operate any part of the business in a Video Lottery retailer’s premises other than as an employee. This subsection does not include a person who contracts with the applicant or retailer to provide food service via a food truck or mobile food service provider located outside the business.

(m) Control Person: Any reference to a “control person” of a retailer in OAR Chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “key person” as defined in this section.

(8) “Personal disclosure” means those documents and information that are part of the application which relate to a natural person’s personal, criminal, and financial background, and associations with other people.

(9) “Mediation” has the meaning as defined in ORS 36.110(4).

(10) “Mediator” means a person who performs mediation.

(11) “Multi-State Retail Chain” means a retailer, including an applicant, who:

(a) Operates five or more retailer locations within the State of Oregon and one or more retail locations outside of the State of Oregon, all of which engage in similar business activities;

(b) Has common ownership and control over each location; and

(12) “Public Company” means a retailer, including an applicant, who is a business entity that offers securities registered for sale by the federal Securities and Exchange Commission to the general public and sells no Oregon Lottery games except traditional lottery games within the State of Oregon.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.110, 461.120, 461.130, 461.150, 461.190, 461.217, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, ORS 461.110, 461.120, 461.130, 461.150, 461.190, 461.217, 461.250, 461.260 & 461.300
LOTT 3-2026, amend filed 08/28/2026, effective 09/01/2026
LOTT 8-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 7-2016, f. 9-30-16, cert. ef. 10-4-16
LOTT 13-2010, f. 12-20-10, cert. ef. 1-1-11
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0001 General Application Requirements

(1) General: Any person may request an application from the Lottery. See OAR 177-040-0017 for additional requirements that apply to some Video Lottery Retailer Contract applications.

(2) Disclosure Required: The Director may require any degree or type of disclosure necessary of the applicant or any other person in order to ensure the fairness, integrity, security, and honesty of the Lottery. An applicant must disclose to the Lottery all information required by the Director.

(3) Application Required: An applicant must file a complete application with the Oregon Lottery. The applicant must provide a complete personal disclosure, including documents and other information requested by the Lottery relating to the applicant’s personal, financial, and criminal background and an applicant’s associations with other persons. The application shall also include, but not be limited to:

(a) Authorization: An authorization, signed by the applicant, to investigate the applicant.

(b) Consent: Written consent to allow the examination of all accounts and records to be considered by the Director to be material to the application.

(c) Disclosure: Disclosure of the source of funds, financing, and business income used for the purchase and operation of the applicant’s business.

(d) Premises Ownership: If the premises are not wholly owned by the applicant, the applicant shall furnish to the Lottery:

(A) Any document requested by the Lottery showing the applicant is entitled to possession of the premises; and

(B) Such other information as the Lottery may require.

(4) Alternative Disclosure Process: Notwithstanding section (3) of this rule, pursuant to ORS 461.300(2)(b), the Director may recommend, subject to Commission approval, an alternative disclosure process for an applicant when the Director determines such a process would not jeopardize the fairness, integrity, security, and honesty of the Lottery.

(a) The following applicants are eligible for an alternative disclosure process:

(A) A public company or a multi-state chain retailer that is applying for a traditional lottery game retailer contract that meets the following additional criteria of:

(i) 30 or more individual retail locations;

(ii) Gross annual revenues of $10 million or more; and

(iii) 300 or more employees.

(B) An entity wholly owned by a federally recognized tribe; or a subsidiary of an entity wholly owned by a federally recognized tribe.

(b) The alternative disclosure process recommended by the Director must be approved by the Commission.

(A) If approved by the Commission, the Director may continue the retailer application process. Using supplied disclosure information, the Lottery will conduct an investigation. The Director may determine at any time that additional disclosure is necessary to ensure the fairness, integrity, security, and honesty of the Lottery.

(B) If denied by the Commission, the applicant must provide the personal disclosure otherwise required under the Lottery’s governing statutes and rules.

(5) Waiver of Personal Disclosure for Certain Managers: If the applicant for a traditional lottery game retailer contract is a public company or a multi-state retail chain, the Lottery may waive the personal disclosure requirements for the manager of each retailer location unless the Director determines such disclosure is necessary to ensure the fairness, integrity, security, and honesty of the Lottery.

(6) Compliance Required: An applicant’s failure to comply with any application or disclosure requirement may be grounds for denial or rejection of the application.

(7) Material Change: An applicant must immediately report to the Lottery, in writing, any material changes to the application during the application process. A “material change” means any change that may affect the Lottery’s evaluation of the application based on the requirements contained in Division 40 of these rules.

(8) Waiver: In submitting an application, the applicant expressly waives any claim against the State of Oregon, its agents, officers, employees, and representatives, and the Oregon State Lottery, its Director, agents, officers, employees, and representatives for damages that may result. Each applicant also accepts any risk of adverse public notice, embarrassment, criticism, damages, or claims which may result from any disclosure or publication by a third party of any public information on file with the Lottery.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.190, 461.200, 461.217 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.100, 461.110, ORS 461.120, 461.130, 461.150, 461.190, 461.200, 461.217 & 461.300
LOTT 1-2023, amend filed 06/23/2023, effective 07/01/2023
LOTT 3-2022, amend filed 02/23/2022, effective 03/01/2022
LOTT 19-2021, temporary amend filed 12/06/2021, effective 12/06/2021 through 06/03/2022
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 7-2016, f. 9-30-16, cert. ef. 10-4-16
LOTT 13-2010, f. 12-20-10, cert. ef. 1-1-11
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0003 Application for Temporary Lottery Retailer Contract

(1) General: For the purposes of this rule, “temporary retailer contract” means a contract issued to a retailer for a temporary period. A temporary retailer contract may be formed subject to such special terms, conditions, or limitations as the Director may deem prudent.

(2) Video Lottery Limitations: Video Lottery retailer contract applications are eligible for temporary contracts if both of the following apply and other requirements of this rule are met:

(a) The contract for a retailer premises is being terminated due to sale of business, change of ownership, or 100% stock buyout, and the resulting contract application is for the same retailer premises and the network service line is not removed from the retailer premises.

(b) The applicant and the applicant’s business must qualify for the type of Lottery sales sought by the applicant. For example, if the applicant seeks a contract to offer Video Lottery games, the business must have an appropriate liquor license and an age-controlled area that meets the Lottery’s requirements. In addition, the business must not be operating as a casino as described in OAR 177-040-0061.

(3)(a) Submission: To apply for a temporary retailer contract, an applicant must submit a complete application for a retailer contract.

(b) Purchase of Existing Business: When an applicant applies for a temporary retailer contract for a business which the applicant is purchasing from an existing Lottery retailer, the applicant must submit to the Lottery a complete application along with any documentation requested by the Lottery regarding the intended purchase prior to the date the applicant takes possession of the premises pursuant to a purchase agreement. Notwithstanding submission of the application prior to the date of possession, the Lottery shall not enter into a temporary retailer contract with the applicant until on or after the date the applicant takes legal possession of the business.

(4) Investigation: When the Lottery accepts the complete application for a temporary retailer contract, the Director will conduct an abbreviated investigation of the applicant and the business. That investigation includes, but is not limited to:

(a) A computerized criminal background check;

(b) A credit check using the services of a commercial credit reporting company; and

(5) Qualifying: An applicant may qualify for a temporary retailer contract if, based on the abbreviated investigation and on the application, all of the following criteria are met:

(a) The applicant is applying for a retailer contract at a specific location;

(b) The “Criteria Precluding Entering Into a Contract” described in OAR 177-040-0005 do not apply to the applicant;

(d) The applicant has no convictions as described in OAR 177-040-0010(3), “Criminal Behavior”;

(e) The applicant has no Class “A” misdemeanor or felony charges pending against the applicant;

(f) The applicant has no outstanding judgments, liens, or collections, except those judgments which the applicant is disputing through a legal process;

(g) The applicant is in compliance with all tax laws;

(h) The applicant has certified that the business location complies with OAR 177-040-0070, “Retailer Wheelchair Accessibility Program”;

(i) The applicant has the appropriate Oregon Liquor and Cannabis Commission license, as required by ORS Chapter 461, if applying for a contract to offer Video Lottery games; and

(j) There are no apparent factors regarding the applicant to cause the Director to reasonably conclude that the applicant poses an actual or apparent threat to the fairness, honesty, integrity, or security of the Lottery and its games. Factors that may pose a threat include, but are not limited to, any of the following examples:

(A) The applicant or key person has one or more criminal convictions, depending on the nature and severity of the crimes involved; or

(B) The applicant or key person has been involved in any civil action in which the final judgment indicates that the applicant or key person is not financially responsible, depending on the nature, severity, and recency of the action.

(6) Other Requirements: Prior to the effective date of the temporary retailer contract, the Director may require the applicant to:

(a) Receive training from the Lottery;

(b) Establish an electronic funds transfer (EFT) bank account for Lottery funds;

(d) Agree to pay all necessary fees associated with amusement device taxes prior to the effective date of a temporary retailer contract; and

(e) Agree to be responsible for and to pay all fees in connection with the application, including any cancellation fees for telephone lines and service.

(7) Guarantor: If the applicant is an entity other than either a sole proprietor who is a natural person or a private club as defined in ORS 471.175(8), at least one natural person who is a principal of the applicant entity and who is a key person may be required to personally guarantee all monies owed to the Lottery.

(8) Bonding: The Director may require the applicant to post a bond, letter of credit, or cash deposit in the form of certified funds prior to the effective date of a temporary retailer contract.

(9) EFT Transfers: If the Lottery enters into a temporary retailer contract with the applicant, the contract will require the applicant to pay the amount due the Lottery from the sale of Lottery tickets or shares by electronic funds transfer (EFT). In most instances, amounts due the Lottery will be collected via EFT at the end of the fourth day after the close of the Lottery business week. If an applicant operates multiple Lottery retail sites before the effective date of this rule, the routine date of the EFT collection may be set beyond the fourth day after the close of the business week in order to accommodate the needs of the combined sites. The applicant must establish an account for deposit of money from the sale of Lottery tickets and shares with a financial institution that has the capability of making EFT draws.

(10) Burden of Proof: The burden for establishing that an applicant qualifies for a temporary retailer contract is on the applicant.

(11) Termination: In the Director’s sole discretion, the Director may immediately terminate a temporary retailer contract if the Director determines that continuing to contract with the applicant is not in the best interest of the Lottery including, but not limited to, when:

(a) The applicant provided false or misleading material information, or the applicant made a material omission in the application for a retailer contract;

(b) The applicant or any key person is convicted of a Class “A” misdemeanor or felony during the term of the temporary retailer contract;

(c) An EFT payment is rejected for non-sufficient funds (NSF), or the applicant fails to provide timely information to the Lottery regarding any change of the applicant’s EFT bank account;

(d) Any other reason contained in the contract or administrative rules that provides a basis for termination of a retailer contract; and

(e) When the Director concludes that continuing to contract with the applicant may pose a threat to the fairness, honesty, integrity, or security of the Lottery and its games.

(12) Length of Temporary Contract: A temporary retailer contract shall be valid for a specific time period for up to 120 days. A temporary retailer contract may, in the Director’s discretion, be extended for up to 120 additional days.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.217 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.190, 461.215, ORS 461.120, 461.217 & 461.300
LOTT 1-2023, amend filed 06/23/2023, effective 07/01/2023
LOTT 9-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 6-2016, f. 8-26-16, cert. ef. 9-1-16
LOTT 2-2016(Temp), f. & cert. ef. 4-1-16 thru 9-24-16
LOTT 13-2010, f. 12-20-10, cert. ef. 1-1-11
LOTT 2-2008, f. & cert. ef. 6-2-08
LOTT 6-2004, f. & cert. ef. 5-26-04
LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 5-2000, f. 7-26-00, cert. ef. 11-1-00

Or. Admin. R. 177-040-0005 Criteria Precluding Entering Into a Contract

The Lottery will not enter into a retailer contract when an applicant:

(1) Age: Is under 18 years of age for a traditional Lottery retailer contract or under 21 years of age for a Video LotterySM retailer contract.

(2) Exclusivity: Will be engaged exclusively in the business of selling Lottery tickets or shares.

(3) Lottery Employee: Is an employee of the Lottery.

(4) Supplier/Manufacturer: Is or will be owned or controlled by any entity or any subsidiary or parent corporation thereof, that is a supplier of instant tickets or a manufacturer of computer equipment used to determine winners in Lottery games.

(5) Unauthorized Entity: Is a corporation or other form of business that is not incorporated in Oregon or is a person, a partnership, a corporation, or other form of business that is not authorized to work or to do business in Oregon.

(6) Smoking: Operates a business where selling Lottery tickets or shares would expose Oregon State Lottery employees, representatives, or agents, or Lottery equipment, terminals, tickets, or shares to a smoking environment, as defined in OAR 177-045-0000.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 2-2011, f. 4-29-11, cert. ef. 5-1-11
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 22-2002, f. & cert.. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LOTT 2-1998, f. & cert. ef. 5-28-98
LC 4-1990, f. & cert. ef. 4-3-90
SLC 3-1985(Temp), f. & cert. ef. 1-15-85
SLC 8-1985, f. & cert. ef. 6-21-85

Or. Admin. R. 177-040-0010 Personal Criteria Which May Be Grounds for Denial of a Lottery Retailer Contract or a Key Person

(1) General Personal Criteria: Before approving or denying an application for a Lottery retailer contract or for a key person, the Director shall consider whether the applicant:

(a) Character: Is a person of good character, honesty, and integrity.

(b) Background: Is a person whose background, including criminal, civil, and financial records, and reputation, does not jeopardize the public interest of the state or the fairness, integrity, security, honesty, or reputation of the Lottery.

(c) Associations: Has an association with persons or businesses of known criminal background, or associates with persons who have direct or indirect involvement in the applicant’s business who could jeopardize the public interest of the state or the fairness, integrity, security, honesty, or reputation of the Lottery. The Director may also consider whether the applicant associates with persons who have no involvement in the applicant’s business when the applicant’s association with such persons could create a real or perceived conflict with the Lottery’s security or integrity interests.

(d) Public Interest: Is a person whose experience, character, or general fitness is such that approving the applicant would be consistent with the public interest, convenience, and trust in keeping with the sensitive nature of the Lottery.

(e) Financial: Demonstrates responsibility and integrity in financial transactions, and is creditworthy and currently in a satisfactory financial condition. The Lottery may use the services of a commercial credit reporting agency in order to evaluate the applicant’s creditworthiness, financial responsibility, and financial condition. The Director may deny an application if the applicant has outstanding judgments, collections, liens, or is not in compliance with all state, federal, or local tax laws.

(f) Omissions: Has omitted any material facts or has provided any material misstatement or any untrue statement of material facts.

(g) Compliance History: Has a history with the Oregon Lottery, or the Oregon Liquor and Cannabis Commission, or state and local law enforcement, which shows that the applicant could pose a threat to the security and integrity of the Lottery based upon any significant and material compliance or adjudicated violation history.

(2) General Financial Criteria: Any person applying for a Lottery retailer contract must:

(a) Business Ability: Adequately demonstrate, either individually or through the person’s employees, the business ability and experience necessary to successfully establish, operate, and maintain the business for which application is made.

(b) Business Funding: Demonstrate adequate funding and ongoing business income sufficient to open, maintain, and operate the business as proposed by the applicant. The Director shall consider whether funding is from a source that may pose a threat to the fairness, integrity, security, or honesty of the Lottery.

(3) Criminal Behavior: The Director shall consider the criminal history or conduct of an applicant as follows:

(a) Mandatory Denial: The Director will deny an application when the applicant:

(A) Felony Conviction: Has been convicted of any felony within 10 years of the date the Lottery accepts the application.

(B) Gambling Conviction: Has been convicted of violating any federal, state, or local gambling law (other than ORS 91.240) within 15 years of the date the Lottery accepts the application.

(C) Controlled Substances Conviction: Has been convicted of felony possession of a controlled substance, or any crime involving the manufacture, sale, or delivery of a controlled substance, within 15 years of the date the Lottery accepts the application.

(D) Gambling Devices: Owns, manufactures, possesses, operates, has interest in, or gains income or reimbursement from, any unlawful gambling device in any jurisdiction unless the device is approved and certified by another state lottery or federal, state, or local gaming control agency, and such ownership, manufacture, possession, operation, or income is disclosed to and approved by the Lottery.

(b) Discretionary Denial: The Director may deny an application when:

(A) Felony Conviction: The applicant has any felony conviction more than 10 years old on the date the Lottery accepts the application.

(B) Gambling Conviction: The applicant has a conviction more than 15 years old on the date the Lottery accepts the application for violating any state, federal, or local gambling laws.

(C) Controlled Substances Conviction: The applicant has been convicted of felony possession of a controlled substance, or has been convicted of any crime involving the manufacture, sale, or delivery of a controlled substance, more than 15 years old on the date the Lottery accepts the application.

(D) Gambling Leases: The applicant has ever engaged in conduct which violates ORS 91.240.

(E) Criminal Conduct: The applicant has engaged in conduct which constitutes a violation of any gambling law or any law which defines a felony or misdemeanor based on reasonably reliable information.

(F) Fraudulent Behavior: The applicant has been held responsible, by judgment, settlement, consent decree, or otherwise, in any court proceeding, or proceeding before an administrative body which was based in whole or in part on allegations of misleading or dishonest conduct including, but not limited to, fraud, deceit, misrepresentation, embezzlement, breach of fiduciary responsibility.

(G) Offenses: The applicant has been convicted of, or otherwise subject to official sanction for, any offense other than an offense described in subsection (3)(a) of this rule, except traffic infractions, unless the applicant has engaged in conduct which demonstrates the applicant’s habitual disregard for the law.

(H) Miscellaneous: The Director has reasonably reliable information that the applicant has engaged in conduct which constitutes an offense as described under paragraph (G).

(I) Misleading or Dishonest Conduct: The Director has reasonably reliable information that the applicant has engaged in misleading or dishonest conduct in any court proceeding or before an administrative body.

(4) Ownership and Gaming Interests: The Director may deny an application when the applicant:

(a) Ownership Interests: Is qualified, but there is an ownership interest in the applicant’s business or premises by a person who is unqualified to hold a Lottery contract based on the requirements of OAR 177-040-0010 or any retailer contract, regardless of the qualifications of the applicant;

(b) Denial of Gaming Licenses: Has been denied any type of gaming license, gaming permit, or gaming contract in any state or jurisdiction for a reason(s) that in the judgment of the Director would jeopardize the security, integrity, honesty, fairness, or reputation of the Lottery;

(c) Cancellation of Gaming Licenses: Has had any type of gaming license, gaming permit, or gaming contract canceled, suspended, or revoked in any state or jurisdiction for a reason(s) that in the judgment of the Director would jeopardize the fairness, integrity, security, honesty, or reputation of the Lottery; or

(d) Termination of Gaming Contract: Has had any type of gaming contract terminated in any state or jurisdiction for a reason that in the judgment of the Director would jeopardize the fairness, integrity, security, honesty, or reputation of the Lottery.

(5) Mitigating Circumstances: Where denial of an application is discretionary with the Director under this rule, the Director may consider the following mitigating factors:

(a) Nature: The nature and severity of the conduct, incident, offense, or circumstance;

(b) Time: The passage of time since the conduct, incident, offense, or circumstance;

(d) Number of Offenses: The number of offenses, crimes, or incidents;

(e) Relevance: The relevance of the conduct, incident, offense, or circumstance to the performance of duties under the Lottery retailer contract; or

(f) Other: Any extenuating circumstances.

(6) Application to Existing Contracts: The criteria described in this rule apply to any existing Lottery retailer contract and may provide grounds for the Director to terminate an existing Lottery retailer contract.

(7) Finality of Determination: The denial by the Director of an application is final.

(8) Re-Application: If an application is denied by the Director, an applicant, or an applicant that is similar to the previously denied applicant, must wait one year from the date of denial to reapply. In the Director’s sole discretion, the Director may waive this requirement based on a showing of good cause by the applicant.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.300
LOTT 10-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 2-2007, f. 3-1-07, cert. ef. 3-4-07
LOTT 22-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 4-2002, f. & cert. ef. 3-25-02
LOTT 17-2001(Temp), f.& cert. ef. 12-20-01 thru 6-7-02
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LC 4-1995, f. 4-27-95, cert. ef. 5-1-95
LC 6-1993, f. & cert. ef. 7-2-93
LC 4-1990, f. & cert. ef. 4-3-90
SLC 8-1985, f. & ef. 6-21-85
SLC 3-1985(Temp), f. & ef. 1-15-85

Or. Admin. R. 177-040-0017 Additional Video Lottery Retailer Application Requirements and Lottery Authority to Prevent and Resolve Concentrations

(1) General: It is the policy of the Oregon State Lottery to place Video Lottery game terminals in retail businesses which are viable businesses on their own without benefit of selling Video Lottery. At any point in the application process, the director or director's designee may require additional documentation and explanation about the applicant's business operation plans such as, but not limited to, length of experience in the type of business, prior ownership and/or management of businesses in general, sales and profitability projections, and location suitability, as deemed necessary to evaluate the viability of the business.

(2) Exceptions:

(a) When the contract for a retailer premises is terminated due to sale of business, change of ownership, or 100% stock buyout, the resulting contract application for the same retailer premises is exempt from the interest form, waitlist, and open and operating requirements of this rule so long as the data line is not removed from the retailer premises.

(b) A Video Lottery retailer contract applicant who meets the requirements for the alternative disclosure process authorized by OAR 177-040-0001(4)(a)(B) is exempt from the interest form, waitlist, and open and operating requirements of this rule.

(3) Interest Form Required. On July 5, 2023, the Lottery shall establish a Video Lottery Retailer Contract Application Waitlist. The waitlist shall be comprised of persons described in section (5) of this rule and any other interested applicant who has submitted an interest form to the Lottery at https://www.oregonlottery.org/vlform/ and who meet the requirements of this rule. Interested applicants will be ordered on the waitlist based on the date their interest from was received by the Lottery. The Lottery may remove an interested applicant from the waitlist if the Lottery determines the person does not meet the requirements in this section or if the applicant withdraws from the process or is otherwise determined by the Lottery to be uninterested or ineligible.

(a) An interested applicant must provide all information requested by the Lottery on the interest form so the Lottery can verify the potential applicant meets Lottery retailer contract requirements such as, but not limited to, business registration, OLCC licensure, and willingness to pay a nonrefundable network service installation fee if selected to start the application process.

(b) Unless an exception is approved, an interested applicant must attest that the establishment where Video Lottery terminals will be placed if approved for a Video Lottery retailer contract has been open to the public and operating continuously for nine months as described in section (4) of this rule. Current Video Lottery retailers who may qualify for an exception under subsection (4)(b) of this rule must provide all requested information regarding their current Video Lottery retailer locations.

(4) Requirement to be open to the public and operating continuously for at least nine months. Unless an exception is approved under subsection (b) of this section, the establishment where Video Lottery terminals will be placed if approved for a Video Lottery retailer contract must have been open to the public and operating continuously for at least nine months. Lottery may require any documentation or explanation from the applicant that Lottery deems necessary to determine whether the applicant’s business has been open to the public and operating continuously for the required period.

(a) For the purpose of this rule, “operating continuously” means a business is open to the public and makes available for sale all products or services the applicant sells. For purposes of this definition, opening for brief periods of time and/or offering limited products and/or services will be considered an attempt to circumvent the intent of this section and will not be considered as operating continuously.

(A) Interruptions: The continuous period of operation shall not be considered interrupted if any suspension of operations was for two days or less. The intent of this subsection is that there will not be a significant interruption of the business during the continuous period of operation so that the Lottery may reasonably rely on sales information and business history which remains relevant to the application. The Director may find that the continuous period of operation was not interrupted when the suspension of operation is for an aggregate of more than two business days upon a showing by the applicant that the sales information and business history remains relevant.

(B) Purchase: If the substantial assets of a business or premises were purchased by the person applying for a Video Lottery retailer contract prior to the date the application process is initiated, the period of operations under the prior owner shall be considered in determining the period of operations, provided that the new business is being operated as the same or similar type of business and the primary business of the prior owner was the offering of meals or alcoholic beverages for on-premise consumption. The intent of this rule section is to prevent evasion of the rule’s requirement by means of superficial transactions such as the mere purchase of a business trade name rather than a bona fide acquisition of the substantial operating assets.

(C) Move: If a business moves to a different location prior to the date the application process is initiated, the period of operations at the old location shall be considered if:

(i) The new location is in essentially the same community as the old location and serves essentially the same customer base; and

(ii) The business conducted at the new premises is a continuation of the business conducted at the old premises rather than the establishment of an additional location.

(iii) The burden of proof for establishing subsections (A) and (B) of this subsection is on the applicant.

(b) The Assistant Director for Security or designee may waive the requirement that a business be open and operating for nine months prior to application only if the following criteria apply.

(A) The applicant currently has active Video Lottery retailer contracts at two or more locations;

(B) The applicant has held active Video Lottery retailer contracts at two or more locations for at least two years;

(C) The applicant's new location(s) have the same ownership as the locations identified in subsections (a) and (b) of this section;

(D) The applicant's new location(s) will have the same business model as other current locations; and

(E) Contracting with the applicant for an additional location will not jeopardize the fairness, integrity, security, and honesty of Lottery’s operations, as determined by the Assistant Director for Security or designee.

(5) Other Applicants Eligible for Waitlist. Any interest form submitted to the Lottery at https://www.oregonlottery.org/vlform/ by December 30, 2022 at 11:59 p.m., but not otherwise selected to move forward in the Video Lottery retailer contract application process, will be placed at the front of the waitlist. These interested applicants will be ordered on the list based on the date the Lottery received their interest form with those submitted first in time listed before interest forms submitted later in time.

(6) Processing the Waitlist. On July 5, 2023, and no less than annually thereafter, the Director shall determine if there is sufficient Video Lottery Terminal inventory to process additional Video Lottery retailer contract applications, and whether such additional contracts will maximize revenue to benefit the public purposes described in Article XV, section 4, of the Oregon Constitution, commensurate with the public good. The Director shall make these determinations no less than annually; apart from that requirement, the frequency of these determinations shall be left to the Director’s discretion.

(a) If applications will be processed for a given time period, the Director shall determine the number that will be processed and Lottery shall process applicants from the waitlist in the order received. The number of applications to be processed for a given time period may be subject to adjustment at the Director’s discretion, based on availability of inventory and other relevant considerations. (The order received is based on the date stamp indicating when the interest from was received by the Lottery after being submitted by the applicant at https://www.oregonlottery.org/vlform/.)

(b) Notwithstanding subsection (a), the Lottery may prioritize an applicant on the waitlist if the Lottery has reason to believe that approving a contract for that applicant may meet any of the following goals in ORS 461.300:

(A) The applicant would best serve the public convenience by improving the availability of Video Lottery games in a particular geographic area. (For example, the Lottery may consider VLTs per capita or other metrics and prioritize applicants from geographic areas that are likely to best support additional Video Lottery retailer locations.)

(B) The applicant would promote the sale of tickets or shares because, for example, the applicant or applicant’s business model has demonstrated success in selling Video Lottery games.

(c) Unless otherwise determined uninterested or ineligible, any applicant selected from the waitlist shall have the opportunity to complete the full retailer contract application process, including the background check process. Selection to apply does not guarantee the applicant will be approved for a contract and such approval remains subject to Lottery's discretion.

(d) In addition to the requirements in section (4) of this rule:

(A) Except as provided in paragraph (B) of this subsection, any applicant selected from the waitlist must be currently open and operating to initiate an application.

(B) If the business is not open and operating due to a remodel, renovation, or repair, the Lottery may allow the business no more than 90 days to become open and operating to initiate the application process.

(7) Managing Video Lottery Retailer Applications to Prevent a Concentration: The Lottery will manage the Video Lottery retailer application process to avoid creating a concentration as defined in OAR 177-045-0000(1):

(a) The Lottery will not initiate the application process or consider or process an application when the application would, if approved, create a concentration.

(b) When there is an area at risk for a concentration, the Lottery will manage the application process such that no concentration is created. For example, the Lottery will only allow one application to be processed or considered at a time if more than one application would, if approved, create a concentration. In the event that more than one applicant has requested to initiate the application process, the Lottery will use a first come, first serve basis to select among applicants as needed to avoid creating a concentration.

(8) Selection Process Where Concentration of Video Lottery Retailers Exists: If there is a location of existing Video Lottery retailers that creates a concentration of Video Lottery retailers, the director must resolve the concentration by selecting retailer locations to either relocate or terminate their retail contract:

(a) Except as provided in subsection (b) of this section, the director must select as many retailers as needed to relocate or terminate their retail contract based on last-in, first-out, meaning that the retailer locations with the most recently-approved retail contract will be required to relocate or terminate their retail contract to resolve the concentration.

(b) If a retailer location selected under the last-in, first-out standard in subsection (a) of this section is owned by a person who owns other retailer locations in the concentration, the director may consult with the owner when selecting which location must relocate or terminate their retail contract.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.200, 461.217 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS 461.150, ORS 461.200, ORS 461.215, ORS 461.120, 461.200, 461.217 & 461.300
LOTT 1-2023, amend filed 06/23/2023, effective 07/01/2023
LOTT 2-2020, amend filed 04/24/2020, effective 05/01/2020
LOTT 9-2012, f. 12-18-12, cert. ef. 1-1-13
LOTT 1-2009, f. 1-30-09, cert. ef. 2-1-09
LOTT 6-2008(Temp), f. 10-29-08, cert. ef. 11-1-08 thru 4-28-09
LOTT 1-2007, f. 1-21-07, cert. ef. 2-1-07
LOTT 20-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 9-2005(Temp), f. & cert. ef. 9-7-05 thru 3-5-06
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0024 Compensation Rate Study for Video Lottery Retailers

(1) Purpose: The Director of the Oregon State Lottery may conduct a comprehensive Video Lottery retailer compensation study. The compensation study will assist the Lottery Commission in meeting its legal obligation to develop a compensation system that maximizes net revenue to the state for the public purpose and provides a reasonable rate of return for Video Lottery retailers for their sales of Lottery tickets or shares. If a Video Lottery retailer compensation study is conducted, it is to be completed prior to the start of the term of any new Lottery Retailer Contract.

(2) Selection of Independent Consulting Company or Consultant: The Video Lottery retailer compensation study shall be completed by an independent economic consulting company or economic consultant chosen by the Director. The Director may select a consulting company or consultant using any procurement process deemed appropriate by the Director, but in selecting the consulting company or consultant, the Director shall determine that the company or consultant has the requisite experience, expertise, and knowledge for this type of study. The Director shall submit a report to the Lottery Commission before entering into any contract for services with the consulting company or consultant selected by the Director.

(3) Analysis of Video Lottery Retailer Compensation Systems: The study shall provide an analysis and comparison of various Video Lottery retailer compensation systems, and shall set forth the pros and cons for each system and the estimated costs to Lottery if it were to use each system. The analysis shall include, but is not limited to, the following Video Lottery retailer compensation systems:

(a) Tiered System: Tiered compensation rate system where retailer compensation is calculated as a percentage of dollars played, but the percentage declines as dollars played increase over a business year. The higher the dollars played, the lower the percentage paid. This analysis shall include, but is not limited to, the current compensation system described in OAR 177-040-0026.

(b) Single Rate System: Single compensation rate system where the retailer compensation is calculated by applying a single, specified percentage to a retailer’s dollars played over a business year. This analysis shall include a method or methods for determining the single percentage rate.

(c) Individualized System: Individualized compensation rate system where compensation is calculated based on a percentage of dollars played as determined individually for each Video Lottery retailer. This analysis shall include the method or methods the Lottery would use to determine the percentage rate or rates for each individual retailer.

(4) Lottery Commission Responsibilities To Be Addressed: In analyzing the various compensation rate systems, as required in section (3) of this rule, the study must consider and address the following constitutional and statutory responsibilities of the Lottery Commission and the Lottery Director to:

(a) Ensure the fairness, integrity, security, and honesty of the Lottery (Article XV, section 4, 4(a), and ORS 461.150);

(b) Undertake to develop a system to maximize net revenue while providing a reasonable rate of return for contractors (ORS 461.445);

(c) Select as Lottery game retailers such persons to best serve the public convenience and promote the sale of Lottery tickets or shares (ORS 461.300);

(d) Provide adequate and convenient availability of Video Lottery games in both rural and metropolitan locations to promote sales (ORS 461.300);

(e) Determine retailer compensation (ORS 461.310); and

(f) Make ongoing study and comparison of the operations of lotteries in other states and countries (ORS 461.180).

(5) Other Factors: Notwithstanding section (4) of this rule, the Director shall determine what other factors are necessary for consideration and review in order to complete a comprehensive Video Lottery retailer compensation rate study.

(6) Completion: The studies required under this rule are to be completed no later than nine months prior to the start of the term of a new Video Lottery retailer contract.

History

Statutory/Other Authority: ORS 461.120, 461.260, 461.300 & OR Const. Art. XV § 4(4)(a)
Statutes/Other Implemented: OR Const. Art. XV § 4 & ORS 461.120, 461.260, 461.300, 461.310, 461.445
LOTT 4-2020, amend filed 06/04/2020, effective 06/28/2020
LOTT 1-2019, amend filed 01/03/2019, effective 01/09/2019
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 14-2010, f. 12-30-10, cert. ef. 1-1-11

Or. Admin. R. 177-040-0025 Retailer Compensation — Traditional Lottery Games

(1)(a) Traditional Sales Compensation: The Lottery shall pay a retailer eight percent of weekly sales of traditional lottery game tickets or shares offered by the Lottery and sold by the retailer.

(b) Calculation of Sales: A retailer’s weekly sales shall be calculated on the combined weekly gross sales of Draw game tickets and Scratch-it tickets made from the retailer’s premises during a business week, less Scratch-it ticket returns recorded by the Lottery and other sales related adjustments made during the week. For the purpose of calculating weekly sales, Scratch-it tickets are sold when the tickets are activated by the retailer, and Draw game tickets are sold when the request for the Draw game ticket is electronically received and verified by the Lottery’s central computer system.

(2)(a) One Percent Selling Bonus: For selling any winning and validated Scratch-it or Draw game ticket with a prize of $10,000 or more, a Lottery retailer shall receive a bonus equal to one percent (1.00%) of the offered or advertised prize won by the player up to a maximum bonus of $100,000 rounded to the nearest dollar. For example: For selling a winning and validated annuitized prize of $8,000,000, the selling Lottery retailer shall receive a bonus of $80,000 regardless of the payment option chosen by the winner; for selling a winning and validated Scratch-it prize of $25,000, the selling Lottery retailer shall receive $250.

(b) Bonus for Variable Prizes: Prior to the implementation of a traditional lottery game that includes one or more prizes with a value that is, in the opinion of the Director, variable or in some other way ambiguous including, but not limited to, circumstances such as non-monetary prizes or annuities of unspecified duration, the Director shall assign a prize value to any such prize for the purposes of determining the retailer selling bonus pursuant to subsection (a) of this section. The Director’s determination of the prize value is final.

(3) One Percent Prize Payment Bonus: For paying a winning and validated Scratch-it or Draw game ticket with a prize of $600 or less, a Lottery retailer shall receive a bonus from the Lottery equal to one percent of the prize won by the player.

(4) Alternative Compensation Agreements: Upon approval of the Commission, the Director may enter into an alternative compensation agreement with certain Lottery retailers to accommodate new business models aimed at the retention and recruitment of Lottery retailers offering different sales styles. Under such alternative compensation agreements, the Lottery retailer may receive a compensation rate, selling bonuses, and prize payment bonuses that are less, or more, than the rates or bonuses established in sections (1), (2), and (3) of this rule. The compensation rate and bonuses shall be determined by the Director for each agreement.

History

Statutory/Other Authority: OR Const. Art. XV § 4(4)(a) & ORS 461.120, 461.260, 461.300
Statutes/Other Implemented: OR Const. Art. XV § 4, ORS 461.120, 461.260, 461.300, 461.310, 461.445
LOTT 4-2020, amend filed 06/04/2020, effective 06/28/2020
LOTT 6-2004, f. & cert. ef. 5-26-04
LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 9-1999, f. 5-27-99, cert. ef. 6-27-99
LC 12-1996, f. & cert. ef. 12-27-96
LC 4-1995, f. 4-27-95, cert. ef. 5-1-95

Or. Admin. R. 177-040-0026 Retailer Compensation — Video Lottery Games

(1) General: The compensation the Lottery shall pay a retailer for the sale of Video Lottery game shares is calculated on a percentage of dollars played during a business year. “Dollars played” means the amount wagered on Video Lottery games at a retailer’s premises.

(2) Compensation When Dollars Played Exceeds Tier Threshold: During the course of a business year, when a Video Lottery retailer’s dollars played exceeds the threshold of a tier applicable to the retailer under this rule, the Video Lottery compensation rate shall remain unchanged for the remainder of the business day on which the threshold is exceeded. The compensation rate for that tier, as set forth in this rule shall apply at the start of the next business day. For example, under section (4) of this rule on Wednesday the dollars played reaches $2,250,001, the retailer is compensated at 2.20 percent of the dollars played for the remainder of the business day. At 5:00 a.m. on the next day, Thursday, which is the start of the next business day, the compensation rate is reduced to 1.75 percent of dollars played.

(3) Applicability: The compensation rates for the sale of Video Lottery game shares set forth in this rule apply to compensation for the sale of shares on all Video Lottery game terminals at all Video Lottery retailers effective as of the start of the business day beginning June 28, 2020.

(4) Compensation: 4-Tier Compensation: Dollars Played per Year – Compensation/Percent of Dollars Played:

(a) Up to $2,250,000 – 2.20%

(b) $2,250,000.01 to 4,000,000 – 1.75%

(d) $6,500,000.01 and up – 1.34%

History

Statutory/Other Authority: OR Const. Art. XV § 4(4)(a) & ORS 461.120, 461.260, 461.300
Statutes/Other Implemented: OR Const. Art. XV § 4 & ORS 461.120, 461.260, 461.300, 461.310, 461.445
LOTT 4-2020, amend filed 06/04/2020, effective 06/28/2020
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 7-2010, f. 6-21-10, cert. ef. 7-27-10
LOTT 1-2006, f. & cert. ef. 1-25-06
LOTT 14-2005(Temp), f. & cert. ef. 11-23-05 thru 5-1-06
Reverted to LOTT 1-2005, f. 4-11-05, cert. ef. 7-31-05
LOTT 6-2005(Temp), f. 7-27-05, cert. ef. 7-31-05 thru 8-1-05
LOTT 1-2005, f. 4-11-05, cert. ef. 7-31-05
LOTT 4-2005(Temp), f. & cert. ef. 5-10-05 thru 7-30-05
LOTT 4-2004(Temp), f. 4-6-04, cert. ef. 6-27-04 thru 12-23-04
LOTT 8-2004, f. 5-26-04, cert. ef. 5-27-04

Or. Admin. R. 177-040-0030 Retailer Cash Deposit or Bond

If the Director has reason to believe an applicant or retailer may not be financially sound, the Director may require a Lottery retailer to post:

(1) Irrevocable Letter of Credit: A $5,000 irrevocable letter of credit issued by a banking institution as defined in ORS 706.008(4); or

(2) Bond: A $5,000 bond issued by a surety company or companies holding a certificate of authority to transact surety business in the State of Oregon and approved by the Director.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LC 9-1992, f. & cert. ef. 8-26-92

Or. Admin. R. 177-040-0050 Retailer Duties

(1) General: This rule contains duties to be performed by a Lottery retailer beyond those duties described in the Lottery retailer contract. The duties listed herein are not meant to be exclusive. Other duties and requirements for retailers may be contained elsewhere in OAR Division 177, ORS Chapter 461, or in the Lottery retailer contract.

(2) All Retailers: All Lottery retailers shall:

(a) Stock Equipment: Keep all Lottery equipment on the retailer’s premises stocked with a variety of Scratch-it tickets, play slips, computer-generated tickets, and any other Oregon Lottery® product required to be sold. Unless exempted by the Lottery, if a Lottery retailer fails to stock or replenish these items as they are made available for sale by the Lottery, or as they are depleted because of purchase or use, the Lottery may remove the equipment.

(b) Perform Minor Maintenance: Replace ticket stock and clear paper jams as may be required for any of the equipment provided by the Lottery for the sale of Lottery tickets or shares.

(c) Maintain Paper Stock: Install and use only approved Lottery-provided paper stock which has been specifically assigned to the selling retailer when selling Lottery tickets and shares.

(d) Obtain Permits: Be required to arrange for and obtain all necessary permits required by federal, state, and local governments for electrical installation, electrical power, telephone service, fiber optic lines and connections, and coaxial cable and connections required to sell Lottery tickets or shares at the retail site.

(e) Pay Amounts Due: Pay the amount due to the Lottery for the sale of Lottery tickets or shares by the use of an electronic funds transfer (EFT). In most instances, this EFT shall occur at the end of the fourth day after the close of each Lottery business week. When an applicant operates multiple Lottery retail sites before the effective date of this rule, the routine date of the EFT collection may be set beyond the fourth day after the close of the business week in order to accommodate the needs of the combined sites.

(3) Traditional Lottery Game Retailers: A Lottery retailer authorized to sell traditional Lottery games is required to:

(a) Scratch-It Tickets:

(A) Activate Scratch-it tickets prior to sale.

(B) Validate Scratch-It tickets presented to the retailer by a player through equipment provided by the Lottery connected to the Lottery’s central computer system.

(C) Destroy winning tickets after validation and payment of the prize; (Any Lottery retailer who does not destroy a winning ticket after validation and payment of the prize is liable for a prize paid by another Lottery retailer who subsequently pays the ticket.)

(D) Return non-winning tickets to the player.

(b) Draw Game Validation: Validate a Draw game ticket through the Draw game terminal before paying a Draw game prize.

(c) Underage Play: Monitor Lottery player-operated vending machines, as defined in OAR 177-045-0000, to prevent underage play.

(4) Video Retailers: A Video Lottery game retailer is required to:

(a) Cash Slip Validation: Validate any Video Lottery cash slip presented for payment that was issued at the retailer’s location, through the Lottery’s on-site video validation terminal before paying a Video Lottery prize, except for those cash slips required to be validated and paid by the Lottery.

(b) Restrict Visibility: Restrict Video Lottery game terminals from visibility from areas outside of the business and from view of dining areas or other areas where minors are permitted to linger.

(c) Age-Posted Area: Maintain Video Lottery game terminals in an area of the business that is prohibited to minors. The area must be posted as such by the Oregon State Lottery or the Oregon Liquor and Cannabis Commission. This restriction against minors does not apply to minors who qualify under the exceptions permitted by the Oregon Liquor and Cannabis Commission for access to areas normally prohibited to minors.

(5) Video Retailers Classified as an LMR or CSE:

(a) A Video Lottery game retailer classified by the Lottery as a limited-menu retailer (LMR) or café/small eatery (CSE) under subsection (b) of this section shall meet the following minimum food and alcohol service requirements:

(A) The establishment shall have a menu that is visible to the public that offers at least five different meals (if classified as an LMR) or 10 different meals (if classified as an CSE). To meet this requirement, the establishment must have the space, food preparation area, inventory, equipment, and staff to serve the menu items during all hours of operation. The food must be prepared by the business.

(B) The establishment must have at least eight dining seats available. Seats at bars or seats designated for a VLT do not qualify as a dining seat.

(C) The establishment may not discourage or attempt to discourage a person from ordering food. Examples of discouraging food service include but are not limited to: A failure to take, prepare, cook, or deliver a food order in a timely manner; clearly over-pricing food; offering or serving unpalatable food; and failing to provide food service.

(b) Classification as an LMR or CSE:

(A) Except as provided otherwise in paragraph (C), the Lottery shall categorize a retailer as a limited-menu retailer (LMR) if the business offers less than 10 different meals and has less than $100,000 in combined gross annual sales of food, non-alcoholic beverages, and alcohol sales.

(B) Except as provided in paragraph (C), the Lottery shall classify a retailer as a café/small eatery (CSE) if the business offers less than 15 different meals and has less than $200,000 in combined gross annual sales of food, non-alcoholic beverages, and alcohol sales.

(C) The Lottery may determine that a business is not an LMR or CSE if the primary activity of the business is the on-premise sale of alcoholic beverages for immediate consumption, as determined by the Lottery based on a visual inspection of the premises and a review of the gross alcohol sales of the business.

(A) “Bar” means a counter at which the preparation, pouring, serving, sale, or consumption of alcoholic beverages is the primary activity.

(B) “Dining seats” means seating at tables or food counters, at which the primary activity is the consumption of food, located in areas of the establishment open to the public that will accommodate a place setting consisting of a plate or dish, glassware, napkin, and utensils for each seat.

(C) “Different meals” means meals that the Lottery determines differ in their primary ingredients or method of preparation. For example, a turkey sandwich differs from a salami sandwich, a beef burger differs from a turkey burger, a pepperoni pizza differs from a cheese pizza, and fried chicken differs from baked chicken. Different sizes of the same item are not considered different under this rule. For example, a large cheese pizza is not different from a small cheese pizza and a large hot dog is not different from a small hot dog.

(D) “Meal” means a food item, or combination of food items, prepared or cooked on the premises that the Lottery determines is a main course and is a serving of food sufficient to satisfy the appetite of one individual. Food items that are appetizers, snacks, and desserts do not qualify as a meal. Examples include, but are not limited to, popcorn, peanuts, chips, a serving of food that is not sufficient to satisfy the appetite of one individual, and food items offered as other than a meal.

(6) Sanctions: The Director may sanction a Lottery retailer for the loss, damage, or destruction of any winning game ticket or share. This includes, but is not limited to: Imposing a requirement for remedial training for the retailer or the retailer’s employees, and any other actions for failure to perform contract duties or requirements as described in the Lottery retailer contract or OAR Chapter 177.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.217, 461.250, 461.300, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art. XV, § 4(4), ORS 461.215, 461.560, ORS 461.120, 461.217, 461.250, 461.300, 461.715 & 461.719
LOTT 3-2025, amend filed 01/31/2025, effective 02/01/2025
LOTT 11-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 6-2004, f. & cert. ef. 5-26-04
LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
Administrative correction 11-17-99
LOTT 5-1999(Temp), f. & cert. ef. 5-26-99 thru 6-26-99
LC 4-1995, f. 4-27-95, cert. ef. 5-1-95

Or. Admin. R. 177-040-0051 Designated Employees and Payment of Prizes

(1) Designated Employees: A traditional Lottery retailer must designate employees authorized to redeem winning Lottery tickets and shares. A Video Lottery retailer must designate employees authorized to redeem Video Lottery cash slips as defined in OAR 177-200-0005(1).

(2) Traditional Lottery Retailers: A traditional Lottery retailer must redeem winning Lottery tickets and shares during all of the retailer’s designated hours of redemption.

(3) Video Lottery Retailers: Except for those cash slips required to be validated and paid by the Lottery, during all business hours of operation a Video Lottery retailer must redeem any Video Lottery cash slip presented for payment that was issued at that retailer’s location, except as follows:

(a) In the event of exceptional circumstances, a retailer may delay validation and payment of a cash slip for a period of time not to exceed 24 hours from the time the cash slip is initially submitted to the retailer for payment. “Exceptional circumstances” means rare and unforeseen circumstances beyond the reasonable control of the retailer; and

(b) Within 48 hours from the time the cash slip is initially submitted to the retailer for payment, the retailer must submit to the Lottery a written report of the delay of payment and the exceptional circumstances that required the delay.

(c) The Director may review claims of exceptional circumstances and determine whether delayed payment was appropriate under the circumstances. Upon the Director’s request, the retailer must provide the Director with evidence supporting a claim of exceptional circumstances. If a retailer fails to comply with a request or fails to adequately support a claim of exceptional circumstances, the Director shall find that the delay was not appropriate.

(d) If the Director finds that the delay was not appropriate, the retailer’s delay of payment shall be considered a failure to perform contract duties or requirements, and the Lottery may take appropriate action including termination of the retailer contract. The Director’s decision is final.

(4) Payment: Except as provided in section (3) of this rule, a retailer must immediately pay prizes in cash or by check or money order, or any combination thereof, when a winning Lottery ticket or share meeting the requirements of these rules is presented for payment, including a Video Lottery cash slip. A retailer may not pay prizes in tokens, chips, or merchandise or charge a fee for paying a prize or for issuing payment.

(5) A retailer and their employees may not purchase winning tickets or cash slips from players or provide misinformation to players about prize claim requirements or aid a prize claimant in avoiding tax withholding or debt offsets required by law.

(6) Validation: Notwithstanding section (3) of this rule, once a Lottery retailer validates a winning ticket or share, including a Video Lottery cash slip, the retailer must immediately pay it. The Lottery’s terminal will not validate a cash slip issued for a Jackpot Prize.

History

Statutory/Other Authority: Or. Const. Art. XV, § 4(4)(a), ORS 461.120, 461.217, 461.250, 461.300, 461.715 & 461.719
Statutes/Other Implemented: Or. Const. Art. XV, § 4(4), ORS 316.194, 461.560, ORS 461.120, 461.217, 461.250, 461.300, 461.715 & 461.719
LOTT 4-2026, amend filed 08/28/2026, effective 09/01/2026
LOTT 5-2023, amend filed 11/17/2023, effective 12/01/2023
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10
LOTT 2-2008, f. & cert. ef. 6-2-08
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-040-0052 Non-Sufficient Funds

(1) Definitions: For purposes of this rule:

(a) “Working day” means a weekday (Monday through Friday) from 8 a.m. to 5 p.m. when Lottery Headquarters is open for business.

(b) “NSF” means non-sufficient funds.

(2) Retailers with Temporary Contract or Letter of Authority: If an electronic funds transfer (EFT) from a retailer with a temporary contract or a letter of authority issued under ORS 461.335 is not completed due to NSF in the retailer’s EFT account, and non-payment is not excused under this rule, the Lottery shall terminate the retailer’s temporary contract or letter of authority, and disable or remove Lottery equipment from the retailer’s premises. Processing of the retailer’s application for a retailer contract otherwise may proceed.

(3) First NSF: The first time that a Lottery retailer’s EFT payment to the Lottery is not completed due to NSF in the retailer’s EFT account, the Lottery shall:

(a) Notify the Retailer: Make a reasonable effort to notify the Lottery retailer of the NSF;

(b) Disable Equipment: Disable the Lottery’s equipment on the retailer’s premises for up to five working days, in which time the retailer must pay, by certified funds, the EFT transfer amount plus an additional $50 fee for the Lottery’s administrative expenses in processing the NSF;

(c) Withhold Bonus: Withhold any bonus and incentive payments the retailer may have earned for the business week in which the NSF occurs. If the retailer does not make the required payments within five working days of the date the equipment was disabled, the retailer shall forfeit the bonus and incentive payments; and

(d) Terminate Contract: Terminate the retailer’s contract and remove the Lottery’s equipment if the retailer fails to pay, by certified funds, the EFT transfer amount plus the $50 fee within five working days of the date the equipment was disabled.

(4) Second NSF: When a retailer’s EFT payment is not completed to the Lottery due to NSF in the retailer’s EFT account for a second time within 12 months of the retailer’s first NSF, the Lottery shall:

(a) Notify the Retailer: Make a reasonable effort to notify the Lottery retailer of the NSF;

(d) Bond/Cash Deposit: The Lottery shall require the retailer to post:

(A) Cash: A cash deposit by certified funds; or

(B) Bond: A bond issued by a surety company or companies holding a certificate of authority to transact surety business in the State of Oregon and approved by the Director. The Director shall determine the amount, the term, and any other applicable conditions of the bond.

(C) The amount of the bond or cash deposit will be no less than twice the retailer’s weekly average EFT transfers, calculated using the immediately preceding three calendar months.

(D) The bond must remain in effect until the Lottery determines that it is no longer necessary. The Lottery will hold the cash deposit until the Lottery determines that it is no longer necessary.

(e) If the retailer fails to pay, by certified funds, the EFT transfer amount plus the $50 fee within five working days of the date the equipment was disabled, or fails to post a bond or make a cash deposit within five working days of the date the equipment was disabled the retailer contract shall be terminated.

(5) Third NSF: When a Lottery retailer’s EFT payment is not completed to the Lottery due to NSF in the retailer’s EFT account a third time within 12 months of the retailer’s first NSF, the Lottery shall:

(a) Notify the Retailer: Make a reasonable effort to notify the Lottery retailer of the NSF;

(c) Forfeit Bonus: Require the retailer to forfeit any bonus and incentive payments the retailer may have earned for the business week in which the NSF occurs; and

(d) Terminate Contract: Terminate the retailer’s lottery contract and remove the Lottery’s equipment if the retailer fails to pay, by certified funds, the EFT transfer amount plus the $50 fee within five working days of the date the equipment was disabled.

(6) Fourth NSF: When a Lottery retailer’s EFT payment is not completed to the Lottery due to NSF in the retailer’s EFT account a fourth time within 12 months of the retailer’s first NSF, the Lottery shall:

(a) Notify the Retailer: Make a reasonable effort to notify the Lottery retailer of the NSF.

(b) Disable Equipment: Disable the Lottery’s equipment on the retailer’s premises until the contract is terminated and the equipment is removed.

(c) Payment: Require the retailer to pay, by certified funds, the amount of money that was to be paid by EFT plus the $50 fee within five working days of the date the Lottery equipment on the retailer’s premises was disabled.

(d) Forfeit Bonus: Require the retailer to forfeit any bonus and incentive payments the retailer may have earned for the business week in which the NSF occurs.

(e) Terminate Contract: Terminate the retailer’s lottery contract and remove the Lottery’s equipment.

(7) NSF Due to Financial Institution Error: Any NSF that is due to an error committed by the retailer’s financial institution will not be treated as an NSF under this rule as long as the error is corrected and Lottery receives documentation within seven working days from the NSF from the retailer’s financial institution. The financial institution must substantiate to the Director’s satisfaction the financial institution’s responsibility for causing the NSF, and that but for the financial institution’s error, sufficient funds would have been available in the retailer’s account to cover the EFT payment.

(8) Financial Institution Closures: Any NSF that is due to an unexpected temporary closure of the retailer’s financial institution will not be treated as an NSF under this rule as long as the NSF is corrected and Lottery receives documentation within seven working days from the NSF from the retailer’s financial institution that substantiates to the Director’s satisfaction the reason for the financial institution’s unexpected closure. The retailer shall make the deposit before 5 p.m. of the next day the financial institution is open or available for deposits to be made. If the deposit is not made as described, the Lottery shall treat it as an NSF under these rules.

(9) Retailer’s Obligations Survive Contract Termination: Termination of the retailer’s contract does not release the retailer from any obligation to pay all amounts due the Lottery under this rule and the retailer’s Lottery contract. The Lottery may make a claim upon any bond, or cash deposit posted under this rule, and apply the money to any of the retailer’s obligations owed to the Lottery. The Lottery may initiate collection action on behalf of the State to collect all amounts due.

(10) Director’s Discretion: The Director may make exceptions to these requirements based upon the facts and circumstances of any particular payment by a retailer which is rejected for NSF.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150 & 461.300
Statutes/Other Implemented: Or Const, Art XV, §4(4), ORS 461.120, 461.130, 461.150 & 461.300
LOTT 3-2023, amend filed 08/31/2023, effective 09/01/2023
LOTT 7-2022, amend filed 07/29/2022, effective 08/01/2022
LOTT 7-2018, amend filed 08/30/2018, effective 08/31/2018
LOTT 4-2018, temporary amend filed 05/08/2018, effective 05/09/2018 through 11/02/2018
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 6-2004, f. & cert. ef. 5-26-04
LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-040-0053 Courier Services

(1) General Policy:

(a) A retailer under contract with the Lottery may facilitate ticket sales through a courier service only pursuant to a written contract with the courier service subject to Lottery’s review and approval and only as provided in this rule. For purposes of this rule, "courier service" means a person or business that purchases Oregon Lottery tickets from a retailer on behalf of customers for a fee. A courier service may not facilitate the sale of Oregon Lottery tickets other than pursuant to a contract with a retailer and subject to this rule. Under no circumstances may a retailer knowingly facilitate the sale of Lottery tickets to any person who is physically located outside the state of Oregon through a courier service or any other method. For the purpose of compliance with this requirement, a courier service shall determine the location of the customer at the time that the customer places an order for the purchase of tickets with the courier service.

(b) The prohibition on facilitating the sale of Lottery tickets to persons outside of Oregon through any method includes, but is not limited to, the following activities:

(A) Selling any interest in Lottery tickets, including interests in the proceeds of winning tickets or the possibility of payment based on winning tickets, to persons outside of Oregon.

(B) Operating a “matching service,” in which persons outside of Oregon receive tickets in a separate lottery giving them a right to a prize if a winning Oregon Lottery ticket matches their ticket in whole or in part.

(2) Notification, Attestation, and Indemnification Required: A retailer shall notify the Lottery in writing within 14 calendar days of contracting with a courier service or otherwise knowingly facilitating ticket sales to customers through a courier service. The retailer must attest, on a form provided by the Lottery, that the courier service meets the standards described in section (3) of this rule, and that the retailer agrees to the following:

(a) The retailer agrees that the Lottery has a right to review any service agreements or contracts that the retailer has or will have with a courier service and that the Lottery may require the retailer to disclose the names and addresses of key persons associated with the courier service and other relevant information about the courier service including, but not limited to, which Oregon Lottery games the retailer will sell through the courier service. The retailer shall notify Lottery of material changes to this information within 14 days.

(b) The retailer agrees they have an ongoing duty to ensure that the courier service complies with the requirements of this rule, and to present any evidence of such compliance to the Lottery upon request.

(c) The retailer agrees that if the Lottery determines that the courier service has or will accept orders for Lottery tickets while a person is physically outside the state of Oregon or has otherwise acted in a manner contrary to law, Lottery rules, or the retailer contract or otherwise presents an actual or apparent threat to the fairness, integrity, security, and honesty of the Lottery, the Lottery may prohibit the retailer from working with a courier service, or may take any other compliance action against the retailer up to and including terminating the retailer contract.

(d) The retailer agrees to indemnify, defend, and hold harmless the State of Oregon, the Oregon State Lottery Commission, the Oregon State Lottery, the Oregon State Police, and their agents, officers, employees, and representatives from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses arising out of, or relating to, the acts or omissions of the courier service, its officers, employees, subcontractors, or agents under any contract or understanding between the retailer and the courier service, or in any way related to retailer’s performance under its contract with Lottery, including, but not limited to, requests for courier services through the courier service's system, placement of requests for courier services through such courier service's system or the generation of, or failure to generate, tickets to complete ticket purchases related to such requests for courier services. The retailer's obligations will include, but are not limited to, any and all losses, damages, liabilities, settlements, judgments, fines, costs, fees, and expenses of any nature whatsoever, including, but not limited to, fees of attorneys and other professionals at trial and on appeal.

(e) The retailer agrees that transactions for tickets between the courier and the retailer will only occur on the retailer’s premises when the retailer is open to the public during regular business hours.

(f) The retailer agrees not to permit any device to be connected to the gaming system except as specifically approved in writing in advance by the Lottery.

(3) Courier Service Minimum Standards: A retailer may not contract with a courier service or otherwise knowingly facilitate sales to customers through a courier service unless the retailer has attested to and continues to ensure that the courier service meets the following requirements:

(a) The courier service complies with all laws, rules, and regulations applicable to the courier service operations in Oregon.

(b) The courier service verifies the identity and age of a prospective customer to prevent people under age 18 from placing orders for tickets.

(c) The courier service uses geolocation to verify that the customer is located within the state of Oregon and not on tribal lands at the time an order is placed with the courier. The Lottery will use official, publicly available data sources to geolocate tribal lands and prohibit mobile gaming therein. For purposes of this rule, “tribal lands” means federal Indian reservations, lands held in trust by the federal government for the benefit of federally recognized tribes, and lands held in fee by federally recognized tribes.

(d) An independent third party annually tests the courier service’s technology including geolocation. The courier service must provide testing results to the retailer and the Lottery upon request.

(e) The courier service takes reasonable steps to protect the personal and financial information of its customers as required by law.

(f) The courier service notifies the retailer and the Lottery within 72 hours of significant incidents relating to the operation of the courier's platform such as major system errors or outages, physical, data, or cyber security breaches, or similar situations that may impact the fairness, integrity, security, and honesty of Lottery and its operations.

(g) The courier service discloses all fees charged by the courier in a manner that makes clear that those fees are separate from the ticket price set by the Lottery prior to taking payment from and finalizing a customer’s order. The courier service may not charge a fee for the payment of any prize amount or require or otherwise collect or accept any portion or percentage of a prize as payment for courier services. Any fee charged by the courier and disclosed to the customer as required by this section, is for the service of purchasing and delivering a Lottery ticket on behalf of another person and shall not constitute an increase in the price of the Lottery ticket that is set by the Oregon Lottery.

(h) The courier service provides a method for the public and customers to contact the courier service and quickly resolves customer service issues, disputes, and complaints. This information must be clearly displayed to the public and customers on its website and on its online and mobile platforms.

(i) The courier service has mechanisms in place to ensure the accurate processing of orders for tickets. The courier service maintains secure records of all tickets purchased through the courier service linked to the respective customers and makes such records available to the retailer or the Lottery on demand.

(j) The courier service allows the order of tickets for future draws only to the extent that such tickets could be purchased directly from a retailer.

(k) The courier service adheres to ticket delivery, storage, and retention standards:

(A) The courier service scans the front and back of every ticket purchased and sends the image to the customer within a reasonable time period such as the same business day of purchase or the next calendar day. The courier service notifies the customer of a winning ticket within 24 hours of the courier confirming it is a winning ticket.

(B) The courier service provides an option for any customer to obtain any ticket ordered by the customer through the courier service for the purpose of claiming a prize at any time subsequent to its purchase. The courier service may not charge a fee to deliver the ticket to the customer.

(C) Each physical ticket not provided to the customer shall be securely stored in a fire resistant, access-controlled space with effective sprinkler protections or a fire suppression system that complies with National Fire Protection Association (NFPA) standards. The premises housing tickets shall be protected by a burglary alarm system with 24-hour monitoring and the ability to access archived video.

(D) A courier service shall securely store tickets purchased on behalf of customers until the prize is claimed on behalf of the customer and paid to the customer, the ticket is provided to the customer, or until the expiration of the prize claim period for a ticket that has not been claimed for or delivered to the customer.

(l) The courier service allows customers to place daily, weekly, and monthly limits on their spending. The courier shall offer operator-level self-exclusion and, when available, honor Oregon’s statewide self-exclusion list. The courier service displays information online and on its mobile app on how to seek help for problem gambling, such as through the problem gambling helpline or website.

(m) The courier service does not target advertisements for Oregon Lottery tickets to underage persons or persons located outside the state of Oregon.

(n) The courier service states in their marketing that the service is a private business entity that has no official affiliation with the state of Oregon or the Oregon State Lottery. The courier service refrains from unauthorized use of Lottery trade or service marks as described in OAR 177-010-0110 and does not otherwise state or imply that the courier service has a relationship with or affiliation to or is acting as an agent of the Lottery.

(o) The courier service states in its contracts and agreements with its affiliates, vendors, and customers that nothing in the contract or agreement shall give rise to liability of the State or the Oregon State Lottery or Oregon State Lottery Commission, its officials, or employees. The courier service shall state on its websites and mobile applications, along with any other disclaimers, legally required notices, or other notices concerning liability of the courier service, that nothing appearing on the courier service website and no transactions conducted on or through the courier service website or systems shall give rise to liability of the State or the Oregon Lottery, its officials, or employees.

(4) Penalties: Any violation of this rule, including, but not limited to, a failure to notify the Lottery promptly within 14 days of contracting with a courier service or failure to provide the Lottery with information regarding a courier service, is a violation of the retailer contract and provides grounds for the Lottery to take compliance action against the retailer up to and including contract termination.

(5) Status of Purchased Tickets: The Director may withhold payment to investigate whether a ticket was sold in violation of these rules. The Director’s determination on the validity of the claim is final and binding on all parties as stated in OAR 177-046-0110. A person may not claim a prize using a power of attorney (see OAR 177-046-0110) on behalf of a customer who was outside the state of Oregon at the time that they ordered or otherwise procured a Lottery ticket using a courier service or otherwise.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.100, 461.120, 461.130, 461.150, 461.190, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, §4(4), ORS 461.100, 461.120, 461.130, 461.150, 461.190, 461.250, 461.260 & 461.300
LOTT 2-2026, amend filed 06/26/2026, effective 07/01/2026
LOTT 1-2026, amend filed 04/24/2026, effective 05/01/2026
LOTT 12-2025, adopt filed 11/21/2025, effective 01/01/2026

Or. Admin. R. 177-040-0055 Advertising Lottery Games and Inducements to Play

(1) Prohibitions :

(a) A retailer may not conduct false or misleading advertising, in any form, regarding the Lottery or Lottery games including, but not limited to, claiming the odds of winning a Lottery game are different at the retailer’s business than at any other Lottery retailer’s business.

(b) A retailer may not use the word “lottery” in its assumed business name or any other term that the Director otherwise determines, in their sole discretion, is a threat to the fairness, integrity, security, and honesty of the Lottery or conflicts with Lottery’s legal obligation to advertise responsibly and promote responsible gaming practices and messaging.

(2) Requests for Use : The Director or the Director’s designee must approve all requests from a retailer for the use of trade or service marks registered by the Lottery. Trade or service marks registered by the Lottery include, but are not limited to, the Lottery’s name, logo, and promotional names.

(a) Requirements: All requests from a retailer must be in writing and must include a sample of the proposed use of the trade or service mark. The request must also explain how and where the trade or service mark will be used.

(b) Permission: Permission for use of a trade or service mark may be granted in the exercise of the sole and exclusive discretion of the Lottery, taking into account the particularly sensitive nature of the Lottery and ensuring the integrity of its operations and image. Approval for use of a trade or service mark shall not be given for display of the mark in an inappropriate manner or format.

(c) Rights: Nothing in this rule shall be construed to grant, or create any expectation or right to display, publish or use, in any manner, in whole or in part, any trade or service mark registered by the Lottery. Any display, publication or use by a retailer of any trade or service mark registered by the Lottery without the express, written prior consent and agreement of the Lottery is unauthorized and unlawful, and the Lottery expressly reserves the right to take any action to enforce its rights in such trade and service marks.

(3) Inducements : For purposes of this section:

(a) Credit and Credit Cards: A Lottery retailer shall not extend credit to persons to play Lottery games. This does not include the use of a credit or debit card by a player for the purchase of Lottery tickets or shares. An example of the use of a credit or debit card for the purchase of Lottery tickets or shares includes, but is not limited to, the purchase of Scratch-It tickets with a grocery purchase.

(b) Loans: A Lottery retailer shall not provide any form of financial assistance to a Video Lottery player for the purpose of playing Lottery games. An example of providing financial assistance to a Video Lottery player includes, but is not limited to, a loan of money for any amount of time for the purpose of playing Lottery games.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4)(a), ORS 461.150, 461.220, 461.820, ORS 461.120 & 461.300
LOTT 4-2023, amend filed 11/17/2023, effective 12/01/2023
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0061 Casino Prohibition

(1) General: The operation of a casino is constitutionally prohibited in the state of Oregon. It is the policy of the Oregon State Lottery to place Video Lottery terminals only in an establishment that does not operate as a casino. The purpose of this rule is to provide a framework and a process for determining when an establishment is operating or may operate as a casino. This framework and process are in addition to other methods the Oregon State Lottery uses to prevent Video Lottery retailers from operating an establishment as a casino. Other methods include, but are not limited to:

(a) A limit on the number of Video Lottery terminals in any establishment;

(b) Limiting public view of Video Lottery terminals;

(d) Considering the sale of Lottery tickets and shares by retailers an adjunct to their businesses.

(2) Definitions: For purposes of this rule:

(a) “Establishment” means any single location in which Video Lottery games are operated or which is identified in a Video Lottery Retailer Application as the proposed site for such activity. An establishment must be owned or operated by a person licensed to sell alcoholic beverages for consumption in a specific age-controlled area of the establishment. The final determination of what constitutes an establishment shall be made by the Director.

(b) “Total Annual Lottery Compensation” means the actual, or in the case of an applicant, the reasonably projected total annual compensation received from the Lottery for the sale of all Lottery tickets and shares at the establishment over a selected twelve-month period, including, but not limited to, compensation resulting from participation in Lottery incentive and bonus programs, as described in the Retailer Contract, other than those programs awarding bonuses on the basis of the sale of winning and validated Scratch-it or On-Line tickets for which a prize of $10,000 or more is paid.

(c) “Annual Non-Lottery Sales” means the actual, or in the case of an applicant, the reasonably projected revenue from the sale of products or services other than Lottery tickets and shares to retail customers at the establishment over a selected twelve-month period. Projected sales will only be deemed reasonable if they are based on a detailed business plan which is fact and evidence based or meets industry standards for business plans. Only the sale of products or services to retail customers in return for which the establishment receives cash or any instrument evidencing cash consideration shall be included in the calculation of annual non-Lottery sales. Examples of products and services not considered for annual non-Lottery sales for purposes of this rule include, but are not limited to:

(A) The sale of products or services which are not usually sold by or associated with the type of retail establishment being reviewed. For example, the sale of a car by a tavern would not be included;

(B) The wholesale sale of products. “Wholesale” means the sale of goods in quantity, as to retailers or jobbers, for resale to the public. This includes the sale or transfer of cigarettes or other products between two or more establishments operated by the same retailer;

(D) The retail sale of products or services sold or rendered outside of the establishment (such as catering) unless the work is substantially completed at the establishment and the services are provided substantially by employees of the establishment;

(E) The sale of products or services for which the retailer receives a commission, except that the amount of the commission received may be considered; and

(F) Income from other than the sale of a product or service (such as a cover charge) will not be included in the calculation of annual non-Lottery sales.

(3) Director’s Casino Determination: The Director shall determine whether an establishment is operating or may operate as a casino before entering into a Video Lottery contract for that establishment. The Director may also initiate a review of an existing Video Lottery retailer whenever the Director has reason to believe that an establishment is operating as a casino, or may operate as a casino. The Director may rely on whatever resources and information are available in deciding to initiate a review of an existing Video Lottery retailer. A Video Lottery retailer, or person applying to become a Video Lottery retailer, has the burden of proof to show to the satisfaction of the Director that an establishment is not operating, or will not be operating, as a casino. The Director’s determination is final.

(4) Conclusive Evidence that an Establishment Is Not a Casino: The following establishments are not casinos for purposes of this rule:

(a) An establishment whose annual non-Lottery sales are at least 50 percent of the establishment’s total income as defined in section (5) of this rule. This subsection does not apply if the Director determines that the establishment is a convenience store or a business not normally associated with the on-premise consumption of food and alcoholic beverages as described in OAR 177-045-0030(2).

(b) A private club as described in ORS 471.175 so long as the private club is not engaged exclusively in the business of selling Lottery tickets and shares.

(5) Income Analysis: In determining whether an establishment meets the criteria set forth in subsection (4)(a) of this rule, the Director shall conduct an income analysis as set forth below.

(a) General: The Director shall conduct a review of the establishment’s total income which, for the purpose of this rule, shall equal the sum of the establishment’s total annual Lottery compensation and the establishment’s annual non-Lottery sales. For a person applying to become a Video Lottery retailer, the Director shall conduct a review of the establishment’s projected total income which, for the purposes of this rule, shall equal the sum of the establishment’s projected total annual Lottery compensation and the establishment’s reasonably projected annual non-Lottery sales. If the review of an establishment’s total income shows that the establishment’s annual non-Lottery sales are less than 50 percent of total income or projected total income, and there is no conclusive evidence that the establishment is not a casino as explained in section (4) above, the Director shall consider other factors as set forth in section (6) below in determining whether the establishment is operating or may operate as a casino. The twelve-month period selected for the review will be chosen by Lottery staff. The ratio of an establishment’s total annual Lottery compensation to its total income shall be determined by dividing the establishment’s total annual Lottery compensation by the sum of:

(A) The establishment’s actual, or in the case of an applicant, reasonably projected annual non-Lottery sales; and

(B) The establishment’s actual or projected total annual Lottery compensation.

(b) CPA Review: The retailer or applicant may request that a Certified Public Accountant (CPA), engaged and paid for by the retailer or the applicant, verify the accuracy of the Lottery’s calculation of the retailer’s annual non-Lottery sales or the applicant’s reasonably projected annual non-Lottery sales. The CPA must use procedures specified by the Lottery and document his or her analysis as required by the Lottery. The Director may consider the CPA’s analysis in making the final determination.

(c) Director’s Determination: The final determination of the ratio of an establishment’s actual or projected total annual Lottery compensation to the establishment’s actual or projected total income shall be made by the Director.

(d) Business Records: For the purposes of this rule, a Lottery retailer must acquire, compile, retain, and make readily available to the Lottery all business sales and expense records that are pertinent to the calculation and determination of the establishment’s total income for a period of 24 months. Required records of the gross non-Lottery sales must be detailed and correct including, but not limited to, records of the cost, price and amount of goods sold, bank statements, records of daily sales, and other relevant sales records. Lottery staff shall be allowed to perform examinations of these records, and make any copies necessary to complete the review. Records and accounting information must be provided, at the retailer’s expense, in any form or format reasonably requested by Lottery staff. Retailers operating multiple establishments must maintain separate and complete records as specified in this subsection for each establishment they operate. In the absence of adequate records, Lottery staff will make a reasonable estimate of annual non-Lottery sales based on available records and information. In making a reasonable estimate, the Lottery will only rely on records and information that the Director concludes are credible and accurate.

(6) Factors to Consider: If the income analysis indicates that the establishment’s annual non-Lottery sales are less than 50 percent of total income or projected total income, and there is no conclusive evidence that the establishment is not a casino as explained in section (4) above, the Director shall consider additional relevant factors such as those described below to make a final determination whether the establishment, taken as a whole, is operating as a casino or may operate as a casino. An establishment who meets at least four of the following factors will be considered to not be operating as a casino:

(a) The number of meals on the menu exceeds the minimum number required under OAR 177-040-0050.

(b) The establishment has non-Lottery entertainment options such as televisions, jukebox, pool, or darts.

(c) The establishment’s assumed business name does not contain words, references, or allusions to gambling or gambling related objects or activities.

(d) The establishment has more advertisements for food or other non-Lottery products than it does for Lottery products. These advertisements must be visible from the exterior.

(e) For at least five years, the establishment has: had a Video Lottery retailer contract with the Lottery; has operated with the same or similar business model; and has maintained satisfactory compliance with this rule.

(f) The establishment’s dining seats as defined in OAR 177-040-0050 contain tableware such as utensils, napkin dispensers, or condiments.

(g) More than 50 percent of the establishment’s non-Lottery sales is sales of food, non-alcoholic beverages, and alcoholic beverages.

(7) Compliance Plan:

(a) General: For purposes of selling Video Lottery tickets and shares, the Lottery Director shall determine whether a Lottery retailer is operating an establishment as a casino, or in the case of an applicant, will be operating as a casino in violation of this rule. When the Director determines that an existing Video Lottery establishment is operating as a casino pursuant to review under section (6) of this rule, the Director shall notify the retailer of the determination in writing, and set forth the reasons for the determination. The Director shall provide the retailer the opportunity to develop and implement a plan to bring the establishment into compliance with this rule within six months from the date of this written notification. The plan must be submitted within 30 days from the date the notification is issued by the Lottery. The plan shall include an analysis of the retailer’s business operation to show that the retailer has made a reasonable determination of what changes need to be made and the steps the retailer intends to take to bring the establishment into compliance. A retailer may not restrict access to any Lottery game to achieve compliance with this rule without prior written approval from the Director. The retailer’s submission of the plan is for the purpose of demonstrating to the Lottery that the retailer seeks to bring the establishment into compliance. The Lottery will review the retailer’s plan and may offer guidance to help the retailer bring the establishment into compliance. The retailer is solely responsible for implementing the plan and for its success or failure during the six month period.

(b) Four Month Review: At the end of the first four months of the six-month period, the Lottery will review the retailer’s progress toward compliance, and may provide the retailer with factual information, analysis, or recommendations if it appears to Lottery staff that doing so will assist the retailer in bringing the establishment into compliance.

(c) Determination at End of Six-Month Period: At the end of the six-month period, the Director shall determine whether the establishment is in compliance. A retailer shall be deemed to be in compliance if either:

(A) The establishment’s total Lottery compensation was not more than 50 percent % of the establishment’s total income, as set forth in section (5) of this rule, over the entire six-month period; or

(B) Based upon an analysis of some or all of the factors set forth in section (6) of this rule, or other additional factors, the Director determines that the establishment is not operating as a casino.

(d) Sixth Month: If the establishment’s total Lottery compensation was not more than 50 percent of the establishment’s total income, as set forth in section (5) of this rule, for the sixth month of the plan (but not the entire six months), the Director may extend the original six month period of the compliance plan up to three additional months if, in the opinion of the Director, the retailer will become compliant within that time. At the end of the additional time period, the Director shall determine whether the establishment is in compliance based upon subsection (7)(c) of this rule.

(e) Termination: If, at the end of the compliance period, the Director determines that the establishment continues to operate as a casino, the retailer’s contract to sell Video Lottery tickets and shares shall be immediately terminated.

(f) One Year Review: If, at the end of the compliance period, the Director determines that the establishment is no longer operating as a casino, the Director shall send a notice of compliance to the retailer. At the end of one year commencing on the first day of the month following notification of compliance, the Lottery will conduct another compliance review as set forth in this rule. If the Director determines that the establishment is again operating as a casino, the retailer’s contract to sell Video Lottery tickets and shares shall be immediately terminated. The retailer shall not be given the opportunity to implement a compliance plan as described in subsections (7)(a), (b), (c), and (d) of this rule in these circumstances. Nothing in this subsection prohibits the Director from initiating another review at any time as set forth in section (3) of this rule.

(g) Application Denial: If a person applying to become a Video Lottery retailer is projected by the Lottery not to be in compliance with the requirements of this rule, the Director shall deny the application.

(8) Re-Application: Re-application after an application denial is covered under OAR 177-040-0010(8). Re-application after a contract termination is covered under OAR 177-040-0120.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.217 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.150, 461.215, ORS 461.120, 461.217 & 461.300
LOTT 3-2025, amend filed 01/31/2025, effective 02/01/2025
LOTT 9-2018, amend filed 10/01/2018, effective 10/17/2018
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 1-2009, f. 1-30-09, cert. ef. 2-1-09
LOTT 6-2008(Temp), f. 10-29-08, cert. ef. 11-1-08 thru 4-28-09
LOTT 1-2007, f. 1-21-07, cert. ef. 2-1-07
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00, Renumbered from 177-100-0155
LOTT 8-1999, f. 5-27-99, cert. ef. 5-30-99
LOTT 1-1999, f. & cert. ef 2-1-99
Reverted to LOTT 4-1998, f. & cert. ef. 6-26-98, Renumbered from 177-040-0060
LOTT 5-1998(Temp), f. & cert. ef. 7-7-98 thru 12-31-98
LOTT 4-1998, f. & cert. ef. 6-26-98, Renumbered from 177-040-0060
LC 2-1997, f. 2-27-97, cert. ef. 3-1-97, Renumbered from 177-100-0015
LC 10-1994, f. 11-23-94, cert. ef. 12-1-94

Or. Admin. R. 177-040-0070 Retailer Wheelchair Accessibility Program

(1) Purpose: The purpose of this rule is to require that all new and existing Lottery retailers provide and maintain access to Oregon Lottery® games and related services to persons who use wheelchairs. Access to Video LotterySM games may be achieved by providing access to at least one Video LotterySM game terminal, regardless of slight variations in game theme or play between the different types of Video LotterySM game terminals.

(2) General Requirements: All Lottery retailers shall provide and maintain access to all persons who use wheelchairs to enable their full and equal enjoyment of Lottery games and related services. Retailers shall comply with the Retailer Wheelchair Accessibility Program by installing required accessibility features, by removing identified barriers through structural modifications, or by creating alternative methods of providing access to Lottery games and related services.

(a) Barrier Removal and Accessibility Features: All barriers must be removed that impede wheelchair access to Lottery games and related services. Examples of barrier removal or accessibility features include, but are not limited to:

(A) Installing ramps;

(B) Making curb cuts in sidewalks and entrances;

(D) Widening doors;

(E) Rearranging tables, chairs, vending machines, display racks, and other furniture;

(F) Installing offset hinges to widen doorways;

(G) Installing accessible door hardware;

(H) Installing elevators; and

(I) Relocating Lottery games and related services within the retailer’s premises to accommodate persons who use wheelchairs.

(b) Alternative Methods: Alternative methods of providing access to Lottery games and related services must be appropriate or reasonable for the person using a wheelchair, and will apply only when accessibility to the Lottery game or related service does not require physical access by the person using a wheelchair to a specific area of the premises. (For example, playing Keno does not require physical access to a Lottery terminal if the retailer provides table service to persons who use wheelchairs. Conversely, playing Video LotterySM games does require physical access to the Video LotterySM game terminal.) All alternative methods of providing access must be approved by the Director and will only be permitted when the retailer demonstrates to the satisfaction of the Director the necessity of offering alternative methods of access instead of removing barriers or installing accessibility features. The Director’s decision is final.

(c) Costs of Modifications: The retailer is responsible for all costs related to removing barriers, installing accessibility features, or offering alternative methods of access for the purpose of making a retailer’s premises wheelchair accessible.

(3) Retailer Wheelchair Accessibility Certification: All applicants for a Lottery retailer contract shall submit with the application, a signed Wheelchair Accessibility Certification form certifying that the retail location is wheelchair accessible. The Certification form shall be provided by the Lottery and shall contain the Lottery’s wheelchair accessibility standards. The Wheelchair Accessibility Certification form must be completed and signed by the applicant for the retailer contract.

(4) Permitted Exemptions:

(a) The Director may grant the following exemptions to the requirements of this rule. The Director shall review the circumstances and supporting documentation provided by a retailer to determine if a retailer’s request for an exemption should be granted. The Director shall determine the type and scope of documentation to be required for each exemption classification. All decisions made by the Director are final. A retailer or applicant whose request for an exemption is denied by the Director is required to satisfy the requirements of this rule as a condition for maintaining its eligibility for a Lottery retailer contract.

(A) Historic Properties: To the extent a historic building or facility is exempt under federal law, this rule does not apply to a qualified historic building or facility that is listed in or eligible for listing in the National Register of Historic Places under the National Historic Preservation Act or is designated as historic under state or local law. Qualified means exempt from accessibility requirements under the federal historic preservation laws.

(B) Legal Impediment to Barrier Removal: Any law, act, ordinance, state regulation, ruling or decision which prohibits a Lottery retailer from removing a structural impediment or for making a required improvement may be the basis for an exemption to this rule. A Lottery retailer requesting an exemption under this subsection will not be required to seek a zoning variance to establish the legal basis for the impediment, but is required to document and attest to the legal impediment.

(C) Landlord Refusal: An exemption granted to an existing Lottery retailer based on the refusal of a landlord to grant permission to a Lottery retailer to make the structural improvements required by the Lottery under this rule shall only apply to the retailer’s current lease term. No new landlord refusal exemptions are authorized after August 1, 2000. All existing exemptions granted before August 1, 2000 may be continued until the retailer’s contract expires.

(D) Undue Financial Hardship: Undue financial hardship exemptions are not authorized. Any existing exemptions granted before August 1, 2000 may be continued until the retailer’s contract expires.

(5) Complaints Relating to Non-Accessibility: The Director will receive and process all accessibility complaints concerning a Lottery retailer as follows:

(a) Initial Complaint and Investigation: When possible, complaints must be in writing and submitted to the Lottery on a Lottery retailer wheelchair accessibility complaint form. The Lottery will investigate the complaint. If the retailer is found to be in compliance with this rule, a letter will be mailed to the retailer and complainant.

(b) Letter of Impending Rule Violation: If the Lottery determines that there are any violations of this rule, the Lottery shall issue a letter of impending rule violation to the retailer. The retailer shall submit a response no later than 30 days after mailing of the letter of impending rule violation. The Director shall determine if the retailer’s response is acceptable under this rule. If the retailer is found to be in compliance with this rule, a letter will be mailed to the retailer and the complainant.

(c) Letter of Rule Violation: If the retailer’s response to the Lottery’s letter of impending rule violation is unacceptable under this rule, or if the retailer does not provide an explanation in the 30 day response period, the Lottery shall issue a letter of rule violation. The letter of rule violation shall describe the violations found at the retailer’s location under the terms of this rule.

(d) Corrective Action Plan: The Lottery retailer shall submit a corrective action plan to the Lottery within 30 days of the issuance of the letter of rule violation. The Director may extend the response time for reasons beyond the reasonable control of the retailer. The plan shall describe in detail how the retailer will comply with this rule. The Lottery shall notify the retailer of the Lottery’s acceptance or rejection of the plan. If the plan is rejected, the notification shall contain the reasons for rejection of the plan and the corrections needed to make the plan acceptable to the Lottery. If the retailer agrees to make the required corrections, the Lottery shall accept the plan as modified. If a retailer fails to submit a plan within 30 days of issuance of the letter of rule violation and has not requested an extension of time to submit a plan, or if a retailer has requested an extension but the request is denied by the Lottery, the Lottery may terminate the retailer contract.

(e) Time Line for Implementation of Corrective Actions: The retailer must complete corrective actions within 90 days of the date the Lottery accepts the retailer’s corrective action plan. If the retailer has not eliminated the violations cited in the letter of rule violation within 90 days of mailing, but has requested an extension of time, the Lottery may grant an extension of no more than 90 days. The Lottery will send a notice of the extension to the retailer and the complainant. Any extension commences immediately upon expiration of the original 90 day period. In no event shall the total amount of time exceed 180 days from the date the Lottery accepts the retailer’s corrective action plan.

(f) Notice of Rule Compliance: If the retailer corrects the violations specified in the letter of rule violation, and the retailer has provided an updated Wheelchair Accessibility Certification form certifying full compliance, the Lottery will issue a notice of rule compliance. Until this notice is issued, a complaint is considered pending.

(g) Termination: Failure of the retailer to make timely corrections in compliance with this rule and the retailer’s corrective action plan may result in termination of the retailer contract.

(6) Inspections and Audits: The Director may inspect and audit any Lottery retailer’s premises for compliance with this rule at any time including random compliance audits. The Lottery will conduct the audit and inspection during the retailer’s regular business hours or at such other time as agreed upon by the retailer and the Lottery. The burden of proof to establish that a retailer’s premises are in compliance with this rule is on the Lottery retailer.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 13-2010, f. 12-20-10, cert. ef. 1-1-11
LOTT 8-2003, f. & cert. ef. 6-30-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LC 5-1997, f. 6-13-97, cert. ef. 7-1-97

Or. Admin. R. 177-040-0105 Change Location

(1) Any time a Lottery retailer moves its existing business to new premises, the retailer must receive approval from the Lottery before moving the sale of Lottery tickets or shares to the new location.

(2) For a change in location to be approved, the new premises must meet all requirements necessary for operation as a Lottery retailer.

(3) If the Lottery retailer is changing the nature of the business, the Director may terminate the existing retailer contract and require the retailer to apply for a new retailer contract.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461
LOTT 22-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 22-2002, f. & cert. ef. 11-25-02
LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0110 Contract Non-Transferable

A Lottery retailer contract does not have value, and cannot be sold, transferred, or assigned.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0115 Underage Seller

No one under the age of 18 may sell Lottery tickets or shares.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0120 Subsequent Application

When a retailer contract is terminated for any reason, the retailer, or an applicant that is similar to the retailer whose contract was terminated, will be required to wait one year to reapply for a retailer contract. In the Director’s sole discretion, the Director may waive all or a portion of the one-year requirement based upon a showing of good cause by the applicant.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0125 Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person

When the Director determines that an applicant does not qualify as a key person, that is grounds for termination of the retailer contract associated with the applicant.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0130 Adding a Location

An existing Lottery retailer may apply for and may receive approval for a contract for an additional location prior to that site being open to the public.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00

Or. Admin. R. 177-040-0160 Suspension of OLCC License

(1) General: Any Lottery retailer whose liquor license has been suspended by the Oregon Liquor and Cannabis Commission (OLCC) must immediately notify the Lottery of the suspension.

(2) Disabling Equipment: The Director shall disable all video lottery terminals in a retailer’s establishment during the period that the OLCC has suspended the retailer’s liquor license. Notwithstanding the term of the OLCC suspension, the Director may keep the video lottery terminals disabled during the Lottery Security investigation required by section (3) of this rule. The Director may also suspend the sale of all non-video Lottery tickets and shares and suspend all transactions on the retailer’s computer link to the Lottery, disabling the retailer’s ability to validate tickets and shares.

(3) Lottery Investigation: The Director shall initiate an investigation by Lottery Security of the suspension of a video Lottery retailer’s liquor license. The Director may initiate an investigation by Lottery Security of the suspension of a traditional Lottery retailer’s liquor license. Lottery Security will report the results of the investigation to the Director. The Director will review the findings of that investigation and the circumstances underlying the suspension by the OLCC. The Director will make a determination whether the findings of the investigation and the circumstances underlying the suspension will result in sanctions under the retailer contract, up to and including immediate termination of the contract.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 12-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 5-2006, f. 4-26-06, cert. ef. 4-27-06
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00, Renumbered from 177-100-0103
LC 6-1993, f. & cert. ef. 7-2-93

Or. Admin. R. 177-040-0180 Notice Requirement

Lottery retailers who offer video Lottery games must post in a conspicuous place on the retailer’s premises at least one copy of a notice containing information concerning compulsive gambling.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.300
LOTT 9-2003, f. & cert. ef. 6-30-03
LOTT 2-2003(Temp), f. & cert. ef. 3-14-03 thru 9-5-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00, Renumbered from 177-100-0125
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-040-0200 Lottery Retailer Second Chance Drawings

Lottery retailers are prohibited from conducting second chance drawings for prizes which require the use of a non-winning Oregon Lottery® ticket or share as an entry into a drawing conducted or operated by the retailer.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 14-2001, f. & cert. ef. 12-3-01
LOTT 12-2001(Temp), f. & cert. ef. 9-12-01 thru 3-7-02

Or. Admin. R. 177-040-0300 Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations

(1) General: When the Lottery issues a contract denial, a key person denial, or a contract termination order, the denied contract applicant, the retailer who submitted the denied key person application, or the terminated Lottery retailer may request that the Lottery reconsider the denial or contract termination order.

(2) Form of Request: Each denial or contract termination order issued by the Lottery will inform the applicant or the retailer of the right to request reconsideration of the denial or contract termination order. Each request for reconsideration must meet the following requirements:

(a) The request for reconsideration must be submitted in writing within 60 days of the date of the denial or termination;

(b) The request for reconsideration must allege either a change in circumstances or it must provide additional information sufficient to show that the circumstances which are the basis for the order should not result in denial or termination or are fully corrected or resolved.

(3) Lottery’s Response: The Lottery will take one of the following actions on a request for reconsideration:

(a) Approval of the Request: If the Director determines the change in circumstances or information submitted in the request for reconsideration adequately addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the request for reconsideration will be granted, and the denial or termination order will be rescinded.

(b) Denial of the Request: If the Director determines that the change in circumstances or information submitted in the request for reconsideration does not adequately address, correct, or resolve the issues which were the basis for the denial or termination order, the Director will deny the request for reconsideration.

(A) If the Director determines that the information submitted only partially addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the Director will issue a new order denying the application or terminating the contract. The new order, as appropriate, will delete from or add to the bases for denial or termination in the original order.

(B) If, at any time, the Director determines that there is an additional basis for denial of a contract or key person application, or termination of the contract, the Director may issue a new or amended denial or termination order.

(d) Director’s Determinations: The Director’s determinations are final for purposes of responding to requests for reconsideration.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV, Sec. 4(4) & HB 2237 (2005)
Statutes/Other Implemented: ORS 461.300
LOTT 3-2006, f. 2-16-06, cert. ef. 3-1-06

Or. Admin. R. 177-040-0310 Alternative Dispute Resolution Policy

The Lottery encourages the use of an alternative dispute resolution process, such as mediation, in disputes arising between a retailer and the Lottery, when such process is appropriate and provides for a more efficient and effective dispute resolution.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV, Sec. 4(4) & HB 2237 (2005)
Statutes/Other Implemented: ORS 461.300
LOTT 3-2006, f. 2-16-06, cert. ef. 3-1-06

Or. Admin. R. 177-040-0320 Alternative Dispute Resolution Process

(1) Application and Limitations: The Lottery, in its discretion, may agree to an alternative dispute resolution process to resolve a dispute between a retailer and the Lottery subject to the following limitations:

(a) No Surrender of Authority: The Lottery will not agree to any process in which its ultimate settlement or decision making authority is given to a third party.

(b) Voluntary Process: All participants must voluntarily agree to the use of an alternative dispute resolution process. The process is voluntary and the Lottery and any other participant may withdraw from the process at any time and for any reason.

(c) Mediator: A mediator does not represent the interests of any of the participants including the Lottery, may not offer legal advice, and has no decision making power to determine facts or impose a resolution, settlement, or other decision on the participants.

(d) Settlement: Nothing in this rule obligates the Lottery to agree to an alternative dispute resolution process to resolve a dispute, to offer funds to settle any dispute or controversy, to accept a particular settlement or resolution, to alter its standards for accepting settlements, to submit to binding arbitration, or to alter any existing delegation of settlement or litigation authority.

(e) Alternative Dispute Resolution Precluded: An alternative dispute resolution process may not be used if a contract termination is issued under the circumstances described in subsection (3)(b) of this rule.

(f) Legal Action Filed: An alternative dispute resolution process as described in this rule may not be used if a legal action has been filed in court covering the same subject matter.

(2) Prerequisites: Before Lottery will consider the use of an alternative dispute resolution process as described in this rule for a dispute resulting from a contract denial, a key person denial, or a contract termination, the contract applicant or the retailer must first have requested reconsideration under the process provided in OAR 177-040-0300. If the Lottery agrees to an alternative dispute resolution process, the Lottery, in its sole and absolute discretion, may stay the denial or the termination order pending completion of the process.

(3) Mediation: When a retailer has complied with section (2) of this rule, a retailer may request mediation. The request is subject to section (1) of this rule and the following:

(a) Factors to Consider: The Lottery may consider the factors set forth in OAR 137-005-0020 before agreeing to mediation.

(b) Contract Termination Actions Where Mediation Precluded: The Lottery will not agree to mediation if a contract termination is issued under the following circumstances:

(A) OLCC Suspension or Termination: The OLCC has terminated a video lottery retailer’s liquor license.

(B) Other: Any of the bases for mandatory denial specified in OAR 177-040-0010(3)(a) apply.

(c) Written Agreement: If the Lottery agrees to mediation, the Lottery and the retailer must enter into a written agreement to mediate as described in OAR 137-005-0030.

(d) Time Limit: For a dispute resulting from a contract denial, a key person denial, or a contract termination, a request for mediation must be made within 10 days of issuance of the order upon reconsideration or a denial of reconsideration under OAR 177-040-0300. The Lottery will respond to the request within 7 business days. A request for mediation does not toll the 60 day period for requesting judicial review under ORS 183.484, unless the Lottery agrees to mediation and the contract termination order is withdrawn. The mediation process must be concluded within 60 days of the request.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.300
LOTT 7-2018, amend filed 08/30/2018, effective 08/31/2018
LOTT 4-2017, f. 8-25-17, cert. ef. 9-1-17
LOTT 3-2006, f. 2-16-06, cert. ef. 3-1-06

Division 45 RETAIL SALES EQUIPMENT AND GAME MANAGEMENT

Or. Admin. R. 177-045-0000 Definitions

For purposes of OAR chapter 177, division 45, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Concentration of Video Lottery retailers” means:

(a) More than three Video Lottery retailers in a strip mall that has seven or fewer retail spaces or storefronts;

(b) More than four Video Lottery retailers in a strip mall that has eight to nine retail spaces or storefronts;

(d) More than six Video Lottery retailers in a strip mall that has twelve or more retail spaces or storefronts.

(2) “Convenience store” means a retail business which offers a relatively limited line of high-volume products, and the majority of the products are for consumption off the premises.

(3) “Equipment” means all equipment placed by the Lottery or a Lottery vendor on a retailer’s premises including, but not limited to, Video Lottery game terminals and all equipment necessary for their operation, player-operated vending machines, validation terminals, Lottery sales terminals, display equipment, and interior and exterior signage.

(4) “Grocery store” means a retail business at which food and foodstuffs are regularly and customarily sold in a bona fide manner for consumption off the premises, and shall include supermarkets and one-stop shopping centers which contain a grocery section in addition to offering other wares, goods, and services.

(5) “Movie theater” means a business or premises where movies or motion pictures are shown for patrons, whether in a traditional stadium seating style or otherwise. Movie theater does not include other areas of the same business or premises that are physically separated by a floor to ceiling wall, partition, curtain, or other means, from the movie theater area, and where food and alcoholic beverages are sold and served for consumption on the premises.

(6) “Occurrence” means an accident, incident, or a series of accidents or incidents arising out of a single event or originating cause and includes all resultant or concomitant losses. Each loss by earthquake, flood, freeze, or windstorm will constitute a single occurrence. If more than one earthquake or flood occurs within any 72-hour period, the State of Oregon will determine the moment when the time period began.

(7) “Player-operated vending machine” means an electrical, electronic, or electro-mechanical device that dispenses Scratch-it or other Oregon Lottery tickets directly to a consumer upon payment of the appropriate purchase price.

(8) “Premises” has that definition as used in OAR 177-040-0000(6).

(9)(a) “Restricted visibility” means Video Lottery game terminals cannot be seen from areas outside the business or from areas inside the business where minors are permitted to linger, except in an incidental or negligible way. Under certain circumstances, Oregon Liquor and Cannabis Commission rules may permit minors in the same area as a properly placed Video Lottery game terminal. This rule is not intended to override any OLCC exception.

(b) “Incidental or negligible way” includes, but is not limited to:

(A) The Video Lottery game terminals may be glimpsed through an open doorway by passersby, except that minors may not be permitted to linger in the open doorway;

(B) The Video Lottery game terminals may be seen by persons intentionally looking closely through a sight restricted window, door, curtain or other object intended to restrict visibility; or

(C) The Video Lottery game terminals may be seen by persons passing by the Video Lottery play area to get to restrooms, except that minors may not be permitted to linger in an area from which the Video Lottery game terminals can be seen.

(10) “Same or commingled ownership” means two or more businesses offering Video Lottery that are:

(a) Owned or operated by the same person;

(b) Owned or operated by different persons, and at least one of those persons has a financial interest in, will either directly or indirectly benefit financially from, or has or will have the ability to exercise control over two or more of the businesses; or

(c) Owned or operated by a person who has an association with the owners or operators of one or more businesses, such as, but not limited to, a landlord, an immediate family member, or current or former business associate, and the association is such that the Director determines there is a reasonable probability that the person has a financial interest in, will either directly or indirectly benefit financially from, or has or will have the ability to exercise control of one or more of the other business(es) sufficient to constitute ownership for purposes of this rule.

(11) “Secondhand smoke” means the smoke created by burning or carrying any lighted pipe, cigar, hookah, narghile, sheesha, goza, cigarette, or tobacco product of any kind, or any other weed, plant, or combustible substance, and the smoke exhaled by an individual who engages in smoking.

(12) “Smoking environment” means that portion of a retailer’s business where smoking of tobacco, any controlled substance as defined in ORS 475.005, including marijuana for medical purposes, or any other substance which is burned and is intended to be introduced into the human body by inhalation, occurs, or secondhand smoke is or may be present.

(13) “Strip mall” means an open area retail shopping complex consisting of stores, restaurants or other businesses in adjacent spaces or storefronts in one or more buildings that may have a sidewalk in front, with each space or storefront opening onto a common parking area. A strip mall may generally be identified by its location along a road or arterial with access by way of a common driveway(s) and the uniform architectural characteristics of the building or buildings, such as design, paint and trim colors, and direct access to each business from the common parking area. A strip mall may also be identified by a name, by a common landlord, or by a description or site plan as part of a lease agreement. For purposes of this definition, “strip mall” does not include a nearby freestanding building that only contains one business, even if the building shares a common parking lot.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.200
LOTT 13-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 9-2018, amend filed 10/01/2018, effective 10/17/2018
LOTT 6-2012, f. 10-26-12, cert. ef. 11-4-12
LOTT 2-2011, f. 4-29-11, cert. ef. 5-1-11
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 9-2004, f. & cert. ef. 5-26-04
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04
LOTT 5-2002, f. & cert. ef. 3-25-02
LOTT 16-2001(Temp), f. & cert. ef. 12-3-01 thru 5-24-02

Or. Admin. R. 177-045-0010 Equipment Management Generally

(1) General Equipment Management: The Director of the Lottery shall manage Lottery equipment pursuant to ORS 461.200. The Director may place or remove Lottery equipment on a retailer’s premises when in the judgment of the Director it is in the best interests of the Lottery. The Lottery may discontinue or remove existing equipment, or may implement new or replacement equipment at any time and for any reason the Director determines is in the best interests of the Lottery.

(2) Retailer’s Sales: A retailer’s sales, or in the case of an applicant, reasonably estimated sales, of Lottery tickets and shares are an important factor to be considered by the Director in managing Lottery equipment.

(3) Equipment Inspection: The Lottery may access, inspect, furnish, repair, place, replace, upgrade, modify, add, or remove Lottery equipment at a retailer’s premises at any time during regular business hours.

(4) Obsolete and Defective Equipment: The Lottery may replace obsolete or defective equipment with new, used, or refurbished replacement equipment.

(5) Test Equipment: With the consent of the retailer, the Lottery may deploy equipment on the retailer’s premises to test the equipment. The Director or the Director’s designee shall determine how long the equipment will remain and the conditions of the test.

(6) Other Laws: This rule does not preclude the Lottery from removing any or all of its equipment pursuant to any other applicable law, rule, or contract provision.

(7) Smoking Prohibition: The Lottery will not place its equipment, terminals, tickets, or shares, in any smoking environment. The Lottery does not permit its employees, representatives, or agents to enter into, or to place Lottery equipment, terminals, tickets, or shares, or advertising in any smoking environment.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.200
LOTT 6-2012, f. 10-26-12, cert. ef. 11-4-12
LOTT 2-2011, f. 4-29-11, cert. ef. 5-1-11
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 9-2004, f. & cert. ef. 5-26-04
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04
LOTT 5-2002, f. & cert. ef. 3-25-02
LOTT 16-2001(Temp), f. & cert. ef. 12-3-01 thru 5-24-02

Or. Admin. R. 177-045-0030 Video Lottery Game Terminals

(1) Allocation of Terminals: In the exercise of the Director’s discretion and subject to all other requirements, the Director may allocate and reallocate the Lottery’s Video Lottery game terminals among Video Lottery retailers at any time and in any manner. The Director shall consider:

(a) Availability: The availability of the terminals and related equipment.

(b) Public Access: Adequate and convenient public access to Video Lottery games.

(c) Retailer Sales: The actual or projected dollars played video sales generated from the play of Video Lottery games at each Video Lottery retail location. A new or existing Video Lottery retailer shall generate a minimum of $10,000 in average dollars played video sales per week per terminal as determined by the Director. The Lottery shall calculate the average using any 90-day or greater time period determined by the Lottery. Dollars played video sales means the amount wagered on Video Lottery games at the retailer's premises. The Director may remove one or more terminals from a retail location when the retailer is unable to meet the minimum sales requirement.

(2) Additional Requirements: Placement of Video Lottery game terminals is subject to the following:

(a) Restricted Visibility: The Lottery will not place Video Lottery game terminals in an area of a business or premises that does not or will not have restricted visibility.

(b) Adjacent Businesses: When two or more adjacent businesses appear to the Director to be a single business, or are operated by the same or commingled ownership, then the Lottery may limit such businesses to the maximum number of Video Lottery game terminals permitted under Oregon law for one business as the total number of terminals authorized for both or more such businesses.

(c) Convenience Store or Grocery Store: The Lottery will not place Video Lottery game terminals in a business or in premises that operate or will operate primarily as a convenience store or grocery store.

(d) Smoking Environment: The Lottery will not place Video Lottery game terminals in an area of a business or premises that is a smoking environment or where people are or would be exposed to secondhand smoke.

(e) Minor Posting: The Lottery will not place Video Lottery game terminals in an area of a business or premises that is not posted as prohibited to minors by the Oregon Liquor and Cannabis Commission.

(f) Businesses Not Normally Associated with the On-premise Consumption of Food and Alcoholic Beverages: The Lottery will not place Video Lottery game terminals in a business or premises that operates as a laundromat, movie theater, car dealership, beauty salon, bed and breakfast lodging facility, hardware store, dry goods store, clothing store, liquor store, or any other business not normally associated with the on-premise consumption of food and alcoholic beverages.

(g) Concentration of Video Lottery Retailers: The Lottery will not place Video Lottery game terminals in a business or premises if this would create a concentration of Video Lottery retailers.

(h) Limit on the Number of Video Lottery Game Terminals: In the Director’s sole discretion and subject to all other requirements, the Director may limit the number of Video Lottery game terminals in a Video Lottery retailer’s business or premises at any time and in any manner.

(3) Director’s Decisions: The Director’s decisions regarding allocation, removal, placement, or limiting the number of Video Lottery game terminals are final.

(4) Reconsideration: Upon written request by a Video Lottery retailer, the Director may reconsider any Video Lottery game terminal allocation decision made under this rule pertaining to that retailer unless such decision is required by this rule.

History

Statutory/Other Authority: Or Const, Art XV. § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.200, 461.217, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS 461.215, 461.500, ORS 461.120, 461.130, 461.150, 461.200, 461.217, 461.260 & 461.300
LOTT 1-2023, amend filed 06/23/2023, effective 07/01/2023
LOTT 17-2021, amend filed 11/01/2021, effective 11/01/2021
LOTT 15-2021, temporary amend filed 08/16/2021, effective 08/16/2021 through 02/11/2022
LOTT 14-2021, minor correction filed 08/02/2021, effective 08/02/2021
LOTT 7-2021, amend filed 07/22/2021, effective 07/22/2021
LOTT 2-2020, amend filed 04/24/2020, effective 05/01/2020
LOTT 9-2018, amend filed 10/01/2018, effective 10/17/2018
LOTT 1-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 6-2012, f. 10-26-12, cert. ef. 11-4-12
LOTT 12-2008, f. 12-23-08, cert. ef. 1-1-09
LOTT 9-2004, f. & cert. ef. 5-26-04
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04
LOTT 5-2002, f. & cert. ef. 3-25-02
LOTT 16-2001(Temp), f. & cert. ef. 12-3-01 thru 5-24-02

Or. Admin. R. 177-045-0060 Equipment Loss or Damage

(1) Loss Claim Under $2,500:

(a) A retailer is responsible for the actual cost of replacing, repairing, or removing lost, damaged, or destroyed Lottery equipment when the loss per occurrence is under $2,500 and the retailer:

(A) Failed to exercise reasonable care to protect the equipment from damage, destruction, or theft;

(B) Intentionally damaged, destroyed, or stole the equipment, or allowed others to damage, destroy, or steal Lottery equipment; or

(C) Unless waived by the Director, previously had a loss claim (whether charged to the retailer or not) within the preceding twelve months.

(b) The Lottery will investigate whether a retailer failed to exercise reasonable care to prevent loss, damage, or destruction of Lottery equipment in the possession of the retailer, or whether the retailer intentionally damaged, destroyed, or stole, or allowed others to damage, destroy, or steal Lottery equipment. The Lottery Director shall determine if the retailer is responsible for the actual costs of replacing, repairing, or removing the Lottery equipment under subsection (a) of this section. If the retailer is determined to be responsible, the Lottery will bill the retailer and may electronically debit the retailer’s account for the amount billed.

(2) Ordinary Wear and Tear Excepted: A retailer is not responsible for costs of replacing, repairing, or removing Lottery equipment resulting from ordinary wear and tear due to normal use of the equipment.

(3) Loss Claim of $2,500 or More: Notwithstanding section (1) of this rule, a Lottery retailer is responsible for any loss, damage, or destruction to Lottery equipment when the loss is $2,500 or more per occurrence. In the event of such loss, damage, or destruction, the Lottery will report it to the State of Oregon Department of Administrative Services Risk Management Division in accordance with ORS Chapter 278. Any claim that the Lottery may have against a retailer arising from the loss, damage, or destruction of such property is subrogated to the Risk Management Division upon payment of the claim by Risk Management to the Lottery. When requested, the retailer must reimburse Risk Management the amount paid to the Lottery for replacement or repair of the lost, damaged, or destroyed equipment.

(4) Loss Management: At its option, the Lottery may repair, replace, or remove any lost, damaged, or destroyed Lottery equipment, none of which has any effect on a retailer’s liability to the State of Oregon, if any, for the loss, damage, or destruction of such equipment.

(5) Contract Termination: In addition to requiring payment for the loss, damage, or destruction of Lottery equipment, the Director may terminate the retailer contract of any Lottery retailer who failed to exercise reasonable care to protect Lottery’s equipment. The Director shall terminate the retailer contract of any Lottery retailer who intentionally damages, destroys, or steals, or allows others to damage, destroy, or steal Lottery equipment.

(6) Threats: The Director may terminate the retailer contract of any Lottery retailer who threatens to damage or destroy Lottery equipment.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.200, 461.217 & 461.300
LOTT 9-2004, f. & cert. ef. 5-26-04
LOTT 5-2004(Temp), f. & cert. ef. 4-6-04 thru 6-25-04
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04

Or. Admin. R. 177-045-0080 Finality of Decisions

The decisions and determinations of the Director under this Division are final.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.200, 461.217 & 461.300
LOTT 9-2004, f. & cert. ef. 5-26-04
LOTT 5-2004(Temp), f. & cert. ef. 4-6-04 thru 6-25-04
LOTT 1-2004(Temp), f. & cert. ef. 1-5-04 thru 6-25-04

Division 46 LOTTERY GAMES GENERAL OPERATING RULES

Or. Admin. R. 177-046-0010 Purpose

The purpose of division 46 is to set forth standardized rule provisions that are applicable to all games offered by the Lottery, except Video Lottery games. Each type of game is set forth in a specific division containing rules unique to that type of game. In the event of a conflict between a provision contained in this Division and the rule division that is specific to a game, the provision in the specific rule division for that game controls. This division will apply to a Video Lottery game only if a rule applicable to Video Lottery games states that this division or a rule in this division applies in a particular instance.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0015 Definitions

For purposes of divisions 10, 46, 50, 52, 69, 70, 75, 81, 83, 85, 92, 93, 94, 98, and 99, and if specifically cross-referenced in division 200, the following definitions apply, unless another definition is specifically provided or the context requires otherwise:

(1) "Bonus" means free plays or similar promotional deposits, credits, or similar incentives that are credited to the player balance when the player meets any requirements that are applicable to the particular promotion. Each bonus may be subject to unique restrictions on use. Bonuses can be used to play Lottery games subject to limitations and restrictions, but bonuses have no cash value.

(2) "Cash" means United States currency.

(3) "Digitally" means an action done through a player account on the mobile app or site.

(4) "Dormant" means a player account has had no login activity for at least 36 months.

(5) "DraftKings Sportsbook" has the meaning given in OAR 177-093-0005.

(6) “Drawing” means the procedure whereby the Lottery, or a drawing agent, selects the winner or the winning combination in accordance with the rules of the game.

(7) “Drawing agent” means a Lottery vendor or other designee who, subject to the approval of the Director, is designated by the Assistant Director of Security to conduct specified drawings on behalf of the Lottery.

(8) “Electronic drawing” means any drawing that involves the use of a random number generator or other computer-driven or computer-assisted device to determine winners or winning combinations, and manual interaction is incidental to the selection process.

(9) “Electronic drawing equipment” includes any computer-driven or computer-assisted device used by the Lottery, or a drawing agent, for the purpose of determining winners or winning combinations, including, but not limited to, devices used by the Lottery’s central gaming system for the Lottery’s Draw games, or for the Lottery’s periodic internet entry, raffle, second-chance drawings, or promotional games.

(10) "Funds balance" means the amount of money in a player account including deposits and prizes (after required withholdings are successfully completed) but not bonuses.

(11) "Highest Prize" means the highest level of prize according to the rules applicable to the game in which the prize is won, including, but not limited to, a Jackpot prize won in the Mega Millions game, a Grand Prize in the Megabucks game, or a High Tier prize in the Powerball game.

(12) "In-game rules" has the meaning given in OAR 177-093-0005.

(13) "Lottery Branch" means Wilsonville Payment Center or such other office as the Director may designate.

(14) "Lottery Headquarters" means the office of the Oregon State Lottery located at 500 Airport Road SE, Salem, Oregon 97301 that is responsible for processing prize claims and payments.

(15) "Lottery Kiosk" means a location, other than Lottery Headquarters, designated by the Director as a Lottery Kiosk, where Lottery tickets or shares are sold directly to the public by Lottery employees.

(16) "Mailing Address" means P.O. Box 14515, Salem, Oregon 97309.

(17) “Manual drawing” means any drawing that does not involve the use of a random number generator or any other computer-driven or computer–assisted device to determine winners or winning combinations, and manual interaction is primary to the selection process.

(18) “Manual equipment” includes any mechanical equipment or non-electronic method used by the Lottery, or a drawing agent, for the purpose of determining winners or winning combinations, including, but not limited, to Lottery’s periodic raffle games.

(19) "Mobile app" means application software operated by the Lottery that is designed to operate on a mobile device or tablet through which a player can access their player account and play Lottery games. "Mobile app" includes the DraftKings Sportsbook mobile application through which players can play sports betting games.

(20) "Payment Device" means an electronically loaded card or other device loaded with or representing Lottery prize winnings, which may include, but is not limited to a debit card with a corresponding player account.

(21) "Person" means a natural person 18 years of age or older.

(22) "Player account" means a digital gaming account that an individual 21 years of age or older opens as described in OAR 177-046-0022 that allows eligible players to play games digitally. A player account includes a personal DraftKings Sportsbook digital sports betting account as described in OAR chapter 177, division 93.

(23) "Player balance" means the amount available for the player to play games digitally. The player balance is a reflection of the funds balance plus any bonuses.

(24) "Privacy policy" means a statement that discloses the type of personal information an entity may collect and how the entity will use, store, or disclose such information. Such disclosures, as amended from time to time, are provided to players online and are also available upon request from the Lottery. A privacy policy may be incorporated by reference into terms of use and terms and conditions that a player agrees to when creating a player account.

(25) "Private express carrier" has the meaning given in ORS 293.660.

(26) “Random number generator” means a computer-driven electronic device capable of producing numbers at random.

(27) "Site" means any website operated by the Lottery through which a player can access their player account and play Lottery games. "Site" includes https://sportsbook.draftkings.com/ where a player can access their player account and play sports betting games as described in OAR chapter 177, division 93.

(28) "Terms and conditions" means an agreement between an individual and the Lottery that sets out each party's rights and responsibilities regarding use of a Lottery-authorized mobile app and site and playing games and claiming prizes digitally.

(29) "Terms of use" means an agreement between a player and a third party that sets out each party's rights and responsibilities. For example, but not limited to, an individual may agree to the DraftKings terms of use that set out each party's rights and responsibilities regarding the DraftKings Sportsbook player account, including funding the player account as described in OAR 177-046-0027, and playing sports betting games on the mobile app or site.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.220, 461.230, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.050, 461.100, 461.190, 461.400, ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.220, 461.230, 461.250 & 461.260
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2017, temporary amend filed 10/09/2017, effective 10/09/2017 through 04/03/2018
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08

Or. Admin. R. 177-046-0020 Sale of Lottery Tickets and Shares

(1) General: The Director may contract with retailers for the sale of Lottery tickets and shares. Except as provided in section (3) of this rule, only a retailer under contract with the Lottery may sell Lottery tickets or shares. Nothing in this section shall be construed to prevent a person who lawfully purchases or possesses a Lottery ticket or share from making a gift of such ticket or share to another.

(2) Retailer Sales Locations: Unless authorized by the Lottery, Lottery tickets or shares may only be sold by a Lottery retailer at the location listed in the retailer contract.

(3) Lottery Sales: The Lottery may designate its agents or employees to sell Lottery tickets or shares directly to the public, either in person at Lottery Headquarters, digitally through a mobile app or site, at a Lottery kiosk, other locations designated by the Director for the sale of Lottery tickets and shares, or sales by the Lottery through electronic means. For purposes of Lottery’s traditional lottery game rules, reference to a “retailer,” “Lottery retailer,” or “Lottery On-line retailer” includes Lottery sales unless the context or a specially applicable provision indicates otherwise.

(4) Bulk Ticket Purchases Restricted: Lottery games should not be played for investment purposes. Unless preapproved by the Director and Commission, an individual, entity, or group of individuals acting in concert may not purchase more than 50,000 tickets in the same Scratch-It Ticket game or more than 3% of the total possible number combinations in a single drawing. For purposes of this rule, “acting in concert” includes, but is not limited to, individuals or entities coordinating ticket purchases across one or more retailers or jurisdictions, pooling funds to purchase tickets, or acting on behalf of a common interest or strategy.

(5) Future Drawings: A player may purchase a ticket or tickets for future consecutive drawings to the extent permitted by the Lottery for each Lottery game. The player must specify at the time of purchase that the ticket or tickets include future consecutive drawings.

(6) Sales Are Final: Unless otherwise provided in OAR chapter 177, the sale of all Lottery tickets and shares is final. A player may not return a Lottery ticket or share for a refund of the purchase price or exchange unless the specific game rules provide otherwise. The Lottery is not liable for Lottery tickets or shares that are purchased in error.

(7) Distribution: The Director is authorized to arrange for the direct distribution of Lottery equipment, ticket stock, and supplies shipped directly from the manufacturer or supplier to an authorized retailer.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.020, 461.100, 461.120, 461.210, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.020, 461.100, 461.120, 461.210, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 13-2025, amend filed 11/21/2025, effective 01/01/2026
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0022 Player Account

(1) General: To play Lottery games digitally, an individual must establish a player account by accurately completing the registration form provided on the mobile app or site.

(2) Eligibility: To be eligible to create a player account and play games digitally, an individual must:

(a) Be at least 21 years of age;

(b) Open one player account only in the individual's own legal name, for their sole benefit, and not on behalf of anyone else;

(c) Have a high-speed Internet connection and consent to the use of geolocation technologies to verify the individual's location when playing a Lottery game on a mobile app or site;

(d) Provide all information requested to verify the individual's age, identity, and eligibility and consent to the verification of the individual's identifying information, including the release of information provided by the individual to third parties to verify such information;

(e) Consent to the terms of use presented to the individual by the entity holding the player account, including, but not limited to, terms relating to the flow of funds through the player account as described in the terms of use and OAR 177-046-0027; and

(f) Agree to and comply with any terms of use, terms and conditions, privacy policies, and in-game rules, as they are updated from time to time, provided on the mobile app or site.

(3) Verification. The Lottery must be able to verify an individual's identity. This includes sharing information provided by the individual with third parties for the purpose of verifying the information. The player may need to provide additional documentation to the Lottery, Lottery contractor, or other third-party including, but not limited to, government-issued photo identification and proof-of-address documentation.

(4) Player Account Maintenance Responsibility. A player must ensure that the player account information is kept updated. The player is responsible for all activity, charges, and damages that occur on their player account. The player must take reasonable efforts to protect the privacy of the player account password and prevent unauthorized access to the player account including, but not limited to, logging out of the player account when not in use. The player must immediately notify the Lottery or the entity holding the player account if the player suspects unauthorized access to the player account.

(5) Prohibited Conduct. A player may not engage in any conduct prohibited by this rule or other applicable rule, law, terms of use, or the terms and conditions. Without limiting the forgoing, a player may not:

(a) Use the player account for any other purpose than its intended purpose, which is to facilitate playing Lottery games digitally; this includes, but is not limited to, use of the player account for any commercial purpose or in a way that impairs, interrupts, or damages the mobile app or site; to promote any products or services; or to distribute any communications, including any defamatory, offensive, or obscene content;

(b) Use (or upload to the mobile app or site) any form of malware or engage in any automatic game playing or similar manipulation of game;

(c) Allow, facilitate, or encourage a person who is under 21 years of age to play Lottery games that require a player account or otherwise allow any other person to use the player account;

(d) Engage in or attempt any illegal, fraudulent, or dishonest activity in connection with a player account, including, without limitation, using a stolen payment card, forgery, collusion, cheating, bribery, bookmaking, money laundering, and providing false information to the Lottery;

(e) Take unfair advantage of or exploit any technical fault or loophole on the mobile app or site or an error by the Lottery or its contractor or in the Lottery's or its contractor's software.

(6) Player Account Monitoring and Reporting: The player account may be monitored to ensure the player is not engaging in any prohibited conduct. Information on such activities may be reported to law enforcement or the appropriate regulatory authorities and other third parties.

(7) Player Account Denial, Closure, or Suspension by the Lottery:

(a) Player accounts are offered at the discretion of the Lottery to facilitate digital game play. The Lottery, or the Lottery's vendor acting on behalf of Lottery, may refuse to open, suspend, deny access to, or close a player account at any time and without prior notice in order to protect the fairness, integrity, security, and honesty of the Lottery, including, but not limited to, for any of the following reasons:

(A) Inability to verify the accuracy of the information provided by a player at registration;

(B) A player breaches or violates any administrative rule or applicable law or the terms of use or terms and conditions the player has agreed to on the mobile app or site;

(D) Unexpected technical or security issues or problems, including any suspected compromise or breach of the player account security;

(E) A player engages in any of the prohibited conduct described in this rule or applicable game rule or in the terms of use or terms and conditions the player has agreed to;

(F) A player has more than one player account;

(G) A player account is dormant;

(H) Monitoring of player account activity indicates the player account is not being used for its intended purpose;

(I) One or more deposits is charged back;

(J) Pending resolution of processes required by ORS 461.715 and 461.719 (holding of certain prizes for child support or overpayment recovery); or

(K) At the discretion of the Lottery or Lottery's vendor for any other reason, or by Lottery or Lottery’s vendor as described in the terms of use for the player account.

(b) If a player account is suspended or closed, the player will be unable to play games. However, if a player account is suspended or closed, generally the player will be able to have their funds in their player account returned to them, unless the account has been suspended or closed based on suspicion of illegal activity or prohibited conduct. Any purchases by a player of tickets or shares that are pending or unconfirmed bets, bonuses, and entries in promotions or competitions will be void. If a player has confirmed purchases of tickets or shares at the time of account suspension or closure, such confirmed tickets or shares will stand unless otherwise voided or refunded by the Lottery. If the confirmed tickets or shares are for future events or games (such as a bet on a future sporting event or a ticket for a future drawing), any prizes will credit to the player account during account suspension or closure.

(c) The Lottery, either directly or acting through Lottery's vendor, will notify a player if a player account is refused, suspended, closed, or considered dormant, or if a player is denied access to games. This notice is a decision of the Director and is a final order in other than a contested case under ORS 183.484.

(8) Account Closure by Player:

(a) Except as provided in subsection (b) of this section, a player may close their player account at any time for any reason as provided in the terms of use.

(b) Closure of a player account may be delayed in certain circumstances including, but not limited to, when the player account has a negative balance, has confirmed purchases of tickets or shares on future events (such as a bet on a future sporting event or a ticket for a future drawing), or the player account has been suspended.

(c) At the time a player closes the player account, any purchases by a player of tickets or shares that are pending or unconfirmed bets, bonuses, and entries in promotions or competitions will be void. If a player has confirmed purchases of tickets or shares at the time a player closes the player account, such confirmed tickets or shares will stand. If, at the time the player account is closed, the confirmed tickets or shares are for future events or games (such as a bet on a future sporting event or a ticket for a future drawing), any prizes will credit to the player account.

(d) If a player closes the player account, the player will be prompted to withdraw any remaining funds. If the player has confirmed purchases of tickets or shares or confirmed bets on future events, the funding account will remain open pending settlement of those purchases to allow the Lottery to pay the player in the event the player wins a prize at a future date.

(9) Limitation of Liability: In addition to other limitations on the Lottery's liability in OAR chapter 177 or applicable terms of use or terms and conditions:

(a) The Lottery is not liable for any loss or damage arising from any use of or access to the player account, including, without limitation, any authorized or unauthorized use of the player account. All purchases and activity on a player account are the sole responsibility of the player account registrant.

(b) The Lottery will, and will require its vendors, to take reasonable precautions to protect the privacy of the player's username, password, account information, and all financial information. The Lottery may not and do not guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, interruption, interception, or error.

(c) The Lottery will, and will require its vendors, to take reasonable care to provide players with digital access to their player account and Lottery games. However, the Lottery nor its vendors may not and do not guarantee or warrant the accuracy, availability, completeness, or timeliness of any content available through the mobile app or site. The Lottery nor its vendors are not liable for any damages or losses resulting from unavailable, inaccurate, inadequate, incomplete, or untimely content. The Lottery nor its vendors do not promise the mobile app or site will have uninterrupted availability or be free of malfunctions, bugs, or other errors. The Lottery nor its vendors are not liable for any disruption in access to the mobile app or site.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), Or Const, Art XV, § 4(4), 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.400, 461.715 & 461.719
Statutes/Other Implemented: ORS 461.010, 461.020, 461.190, 461.440, 461.600, 461.820, 461.120, 461.130, 461.150, 461.200, 461.210, 461.230, 461.250, 461.260, 461.400, 461.715 & 461.719
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, adopt filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary adopt filed 10/01/2019, effective 10/01/2019 through 03/28/2020

Or. Admin. R. 177-046-0027 Funding the Player Account

(1) General: The Lottery does not hold or manage money on behalf of players. Therefore, to play Lottery games and claim prizes digitally, the player must establish a digital player account as described in OAR 177-046-0022. This includes agreeing to and complying with any terms of use presented to a player by the entity holding the player account. The player account will then be used, as described in the terms of use, to provide digital credits to the player account that may be used by the player to purchase tickets or shares and receive prizes.

(2) Fees. The entity holding the player account does not charge for deposits or withdrawals in or out of the player account. Neither the Lottery, nor the entity holding the player account, are responsible for any fees that may be charged to the player by a payment processor, or financial institution, pursuant to an agreement with the player.

(3) If a deposit is charged back for any reason, the amount of the original deposit will be deducted from the player account and any prizes paid from winning tickets or shares that were purchased using the original deposit that was charged back will be forfeited and deducted from the player account.

(4) Player Credits. A player may only purchase tickets or shares up to the player balance; under no circumstances will the Lottery or its vendor extend credit to a player. A player is not entitled to funds incorrectly allocated to the player account. The entity holding the player account is entitled to reverse such credits from the player account and recover any funds that may have been withdrawn related to any over crediting of the player account.

(5) Bonuses: The Lottery may, from time to time, offer bonuses or similar promotional incentives. Bonuses appear as digital credits in the player account and may be used to play Lottery games subject to limitations, but bonuses have no cash value and are not available to withdraw.

(6) Prizes: For Lottery games played digitally, prizes are claimed, validated, and paid digitally through the player account according to the rules for the particular game and OAR 177-046-0110.

(7) Withdrawals:

(a) Once a player's prize is deposited in the player account, the Lottery considers the prize claimed by the player. A player may withdraw from their player account at any time up to the funds balance, subject to any limitations in the terms and conditions or terms of use of the entity holding the player account or other payment processors used by the player.

(b) The player is responsible for providing accurate and updated information to Lottery and its service providers and for providing accurate information when requesting to withdraw. The Lottery is not responsible for delays or losses caused by incorrect payment method information provided by the player. Once a withdrawal is approved, the Lottery is not responsible for any third-party financial clearing processes that may delay or prevent the player's receipt of any withdrawn funds.

(8) The money in a player account is held solely for the benefit of the player and is not monitored or managed by the Lottery for the player. The funds associated with a dormant player account may be considered abandoned. Any abandoned funds may be subject to escheat or similar laws regarding abandoned property under the laws of the jurisdiction where the player account is held.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.250, 461.260, 461.400, 461.440, 461.560, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.020, ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.250, 461.260, 461.400, 461.440, 461.560, 461.715 & 461.719
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, adopt filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary adopt filed 10/01/2019, effective 10/01/2019 through 03/28/2020

Or. Admin. R. 177-046-0030 Stolen, Destroyed, or Damaged Lottery Tickets or Shares

A Lottery retailer may receive credit for stolen, defective, damaged, or destroyed Lottery tickets or shares only as specified in the specific game rule or in the Lottery retailer contract.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0040 Retail Price Discounts and Retailer Promotions

(1) General: The Lottery may offer discounts from the retail sale price of Lottery tickets or shares to the public by any method approved by the Director. The Director will communicate or distribute information regarding discounts by using methods designed to reach the public. These methods may include, but are not limited to, the use of direct mail, newspaper advertising, or by offering coupons at Lottery offices or retail locations.

(2) Retailer Promotions: The Director may provide written authorization for a Lottery retailer to engage in a promotion in which the retailer gives one or more Lottery tickets or shares to the retailer’s customers in exchange for the purchase of goods or services.

(a) A Lottery retailer seeking authorization to conduct such a promotion shall identify, to the degree required by the Director, the goods or services to be purchased by a customer in exchange for a Lottery ticket or share and the number and type of tickets or shares to be given to the customer in exchange.

(b) A Lottery retailer is not permitted to increase the price of goods or services offered for sale as a part of the promotion to recoup costs associated with the promotion.

(c) It is the policy of the Lottery to authorize a promotion described in this section only when the proposed promotion maintains the integrity, security, honesty, and fairness of the Lottery.

(d) Lottery tickets or shares given during an authorized promotion are considered and counted as a sale for the retail price established by the Lottery in the rules for each Lottery game.

(e) No promotion is authorized unless it complies with this rule.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0050 Accuracy of Tickets and Shares

It is the sole responsibility of a player to verify the accuracy of a Lottery ticket or share purchased by the player. The Lottery is not liable for any Lottery ticket or share purchased or printed in error. Specific Lottery game rules may provide for cancellation of a Lottery ticket or share under certain circumstances.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0060 Cancellation of Lottery Tickets and Shares

(1) General: Except as provided in section (2) of this rule, if a specific rule provides that the purchaser of a Lottery ticket or share may cancel the purchase, the following is the procedure for cancellation:

(a) To cancel a purchase of a Lottery ticket or share, the player must return it to the selling retailer on the day of purchase before wagers are disabled prior to the first drawing or other winner determination time as applicable.

(b) The player shall receive a refund from the retailer equal to the purchase amount of the Lottery ticket or share.

(c) If a Lottery ticket or share cannot be cancelled because the Lottery’s central computer system does not record the cancellation in a timely manner due to a mechanical or electronic transmission malfunction, credit may still be given to the retailer provided the following steps are taken:

(A) The retailer attempts to cancel the Lottery ticket or share before wagers are suspended and a computer record of the attempt is created.

(B) The retailer calls the Retailer Services Hotline and gives the Lottery ticket or share’s identifying number to the operator, and

(2) Notwithstanding section (1) of this rule or any other rule:

(a) Exchange tickets or shares cannot be cancelled under any circumstances.

(b) A player may not cancel a confirmed bet in the DraftKings Sportsbook. The Lottery may refund a confirmed bet only as provided in OAR chapter 177, division 93.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), 461.120, 461.130, 461.150, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.020, 461.210, 461.230, 461.240, 461.120, 461.130, 461.150, 461.250 & 461.260
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0070 Official Start of Each Lottery Game

The Director may publicly announce the game launch and start date of each new Lottery game to Lottery retailers by posting the information on the Lottery’s official website, or by any other appropriate means. The Director may also announce the description of the game, the number and value of the prizes in the game, and the odds of winning those prizes.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0080 Drawings

(1) Drawing Coordinator and Procedures: Subject to the approval of the Director, the Lottery’s Assistant Director for Security may designate a Lottery employee as a Drawing Coordinator, and may designate a drawing agent to conduct drawings. Drawings shall be conducted pursuant to drawing procedures approved by the Lottery’s Assistant Director for Security and the Director.

(2) Drawing Equipment: The Lottery may use any type of equipment or method, including electronic or manual equipment and any variety of existing or future methods or equipment, for determining the winner or winning combination in any Lottery game that involves a drawing. The Lottery shall ensure the security and integrity of any equipment used to determine a winner or winning combinations. The Lottery will approve the equipment and procedures used by any drawing agent who conducts a drawing for the Lottery.

(a) Electronic Drawing Equipment: Any electronic connections to electronic drawing equipment must be made by a secure method. The Lottery shall test the equipment periodically or as needed to ensure proper operation and lack of tampering or fraud. The Lottery shall have its random number generators, or any other computer-driven or computer-assisted device used for a drawing, statistically analyzed, tested, and certified by an independent, qualified statistician for integrity.

(b) Manual Equipment: The use of any manual equipment used by the Lottery, or a drawing agent, to determine a winner or winning combinations must comply with the provisions of ORS 461.230(2).

(c) Random Number Generators: The Lottery, or a drawing agent with Lottery approval, may use random number generators to determine winning numbers for Lottery games, and to select a winning entry in a Lottery second chance drawing.

(3) Security: Subject to the approval of the Director, the Lottery’s Assistant Director for Security shall approve procedures to ensure the physical security of the Lottery’s drawing equipment, and the drawing equipment used by a drawing agent, and shall specify the individuals who shall have physical access to any drawing equipment. Any random number generator, or any other computer-driven or computer-assisted device, used by the Lottery, or a drawing agent, to determine winners, winning combinations, or winning entries shall be kept in a sealed enclosure within a secure area.

(4) Drawing Errors: If, during a game drawing, an equipment failure or operator error causes an interruption in the selection of numbers, symbols, or entries, a technical difficulty will be declared. Any number drawn prior to the declaration of a technical difficulty will stand and be deemed official when verified.

(5) Delay in Payment and Resolution: The Director will delay payment of all prizes if any evidence exists or there are grounds to suspect equipment malfunction, tampering, or fraud. In such event, the Lottery will not pay any prize until the Lottery completes an investigation and the Director approves the drawing and authorizes payment. If the Director does not approve the drawing, it will be void and the Lottery, or a drawing agent, will conduct another drawing to determine the winner or the winning combinations.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0090 Validation Requirements

(1) General: Each type of Lottery game rule may specify unique or additional requirements necessary for validation for that specific game. A ticket or share that is invalid may not be used to claim a prize.

(2) Requirements: In general, to be a valid Lottery ticket or share:

(a) The ticket or share must not be counterfeit, fraudulent, or a forgery in whole or in part or lacking the appropriate captions.

(b) The Lottery must have issued the ticket or share in an authorized manner.

(c) The ticket or share must not be altered, unreadable, reconstituted, or tampered with in any manner including, but not limited to, the signature area, and must meet all of the Lottery’s security requirements.

(d) The ticket or share must not appear on any list of omitted, inactive, missing, previously paid, or stolen tickets on file at the Lottery, and, if applicable, the Lottery’s Instant Ticket System (ITS) must accept and validate the ticket or share as a winner.

(e) The ticket or share must not be blank or partially blank, misregistered, non-scratchable, or printed or produced in error.

(f) The ticket or share is subject to all additional confidential validation tests of the Lottery including validation through the Lottery’s computer system.

(g) The ticket was not purchased or sold in violation of any statutes or rules applicable to Lottery.

(3) Proof of Play: A Lottery ticket or share is the only proof of a game play or plays and the submission of a winning ticket or share to the Lottery or an authorized retailer is the sole method of claiming a prize or prizes unless otherwise provided in OAR chapter 177. A play slip or a copy of a ticket or share has no pecuniary or prize value and does not constitute evidence of ticket or share purchase or otherwise represent an opportunity to win a prize.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.250, 461.260, 461.300 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.190, ORS 461.120, 461.210, 461.220, 461.230, 461.250, 461.260, 461.300 & Or Laws 2025, ch. 46
LOTT 13-2025, amend filed 11/21/2025, effective 01/01/2026
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0100 Ownership of Lottery Tickets and Shares

(1) Bearer Instrument:

(a) Except for a Lottery ticket or share claimed jointly in accordance with the provisions of OAR 177-046-0110(5), until such time as a name of an individual or individuals is placed upon a physical Lottery ticket or share, the ticket or share is a bearer instrument and is owned by the bearer of the ticket or share. When a name or names is placed on the ticket or share, the ticket or share ceases to be a bearer instrument and the individual whose name appears on the ticket or share is the owner of the ticket or share. Only a natural person at or above the age of game eligibility may own a ticket or share and claim a prize.

(b) A retailer may transfer ownership of a ticket to an individual who has purchased the ticket by placing the individual’s name on the ticket. The retailer may authorize a courier service contracted with the retailer to place the individual’s name on the ticket on the individual’s behalf, provided that the individual also has authorized the courier service to do so.

(2) Multiple Names: Multiple individuals at or above the age of game eligibility may jointly own, possess, and claim a prize as owners of a winning ticket or share as provided in OAR 177-046-0110(5). Multiple individuals each hold individual and equal shares of ownership in the ticket or share.

(3) Notwithstanding sections (1) and (2) of this rule:

(a) Second Chance Drawing: Only one natural person can claim ownership of a non-winning ticket or share used to enter a second chance drawing. Non-winning tickets submitted and accepted as a valid entry in a Lottery second chance drawing cannot be jointly owned. Only the person who claims ownership may submit the non-winning ticket as an entry to a second chance drawing and only that person may claim the prize if the person’s entry is selected as a winning entry in a second chance drawing.

(b) In the DraftKings Sportsbook, only the registrant of the player account can claim ownership of a prize on a winning bet purchased through the player account.

(c) Win for Life: Only one natural person can claim ownership of the Top Prize in Win for Life as described in OAR 177-094-0080.

(d) The bearer or owner of a winning Lottery ticket or share may not sell the ticket or share to another person or pay another person to claim the prize in violation of HB 3115 (2025).

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.230, 461.250, 461.260, 461.400, 461.440 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.020, 461.200, 461.210, 461.220, 461.240, ORS 461.120, 461.130, 461.150, 461.230, 461.250, 461.260, 461.400, 461.440 & Or Laws 2025, ch. 46
LOTT 12-2025, amend filed 11/21/2025, effective 01/01/2026
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0110 Payment of Prizes

(1) General Provisions for Claiming Prizes; Determining the Validity of Claims; and Paying Claims:

(a) All winning Lottery tickets or shares may be presented to the Oregon State Lottery for payment or, if permitted by the applicable game rule, some winning tickets or shares for prizes of $600 or less may also be presented for payment to the appropriate Lottery retailer.

(b) Timing and Deadline for Submitting a Claim: Any winning draw game ticket of $50,000 and over is not eligible for prize payment until the next Lottery business day after it is issued. Whether a claim for a prize is submitted to a retailer or to the Lottery by mail, private express carrier, secure drop box, or by an individual personally presenting the claim, the winning ticket or share (including the completed claim form, if applicable) must be received by the retailer or the Lottery within one-year after the drawing results become official (for draw games) or one year after the end of the lottery game in which the prize was won, unless a different time period is specified by the Lottery in the rules for a particular game or promotion. If the final day of the one-year claim period falls on a day when the Lottery is not processing prize claims, such as a weekend, Lottery holiday, furlough closure day, or unforeseen circumstances, the claim period shall be extended until 5:00 p.m. on the next day the Lottery is processing prize claims.

(c) Failure of Delivery: The claimant of a prize bears all risk associated with the method chosen to submit a claim, the timeliness of the claim submission and, in the case of submission by mail, private express carrier, or secure drop box, failure of the claim to be received by the Lottery or a retailer.

(d) If the Director determines that the ticket or share is invalid, or a non-winning ticket or share, or the claim is invalid, or that payment of a prize is otherwise inconsistent with the statutes or regulations governing the Lottery, the Director shall deny the claim and the Lottery will notify the claimant. An invalid ticket or share will not be returned to the claimant and is not eligible for any second chance or promotional drawing. A non-winning ticket will only be returned to the claimant if the claimant provides return postage and a self-addressed envelope or mailing container in which to return the ticket.

(e) Conflicting Information or Discrepancies: If there is conflicting information or discrepancies including, but not limited to, between the name or names on a winning Lottery ticket or share and the name or names on a claim form, the Lottery may withhold prize payment until the conflicting information has been resolved to the Director's satisfaction. Discrepancies include, but are not limited to, names or addresses scratched out or erased or unreadable or altered names or addresses.

(f) Investigations: At the discretion of the Director or Assistant Director for Security, the Lottery may conduct an investigation to aid in the determination of the rightful owners, the validity of a ticket or share, or any other issue relevant to this rule prior to payment of any prize. An investigation may be conducted under circumstances including, but not limited to, multiple signatures on a ticket or share or a signature that appears altered or forged.

(g) Determinations: The Director’s decisions regarding the determination of a winning or valid Lottery ticket or share, or the determination of the rightful owner or owners of a prize, or of any other dispute or matter arising from payment or awarding of prizes are final and binding on all parties claiming an ownership interest in a prize.

(h) Payment Decisions: The Director shall make the final decision on whether any prize is paid or any annual prize payment is made. All prizes shall be paid within a reasonable time after they are validated, unless the Director delays a prize payment. The Director may, at any time, delay any prize payment in order to review the validity of a prize claim, or review a change of circumstances relative to the prize awarded, the payee, or the claim, or review any other relevant matter that may come to the Director’s attention. Except as set forth in OAR 177-098-0060, for any prize requiring annual payments, all payments after the first payment shall be made on the anniversary date of the first payment in accordance with the type of prize awarded. Any delayed annual payment will be brought up to date immediately when payment is authorized by the Director.

(i) Social Security Numbers or Individual Taxpayer Identification Numbers (ITIN): Each United States resident or nonresident who is to receive a payment of winnings greater than $600 shall furnish to the Lottery the information required on the Internal Revenue Service Form W-2G (or any other form required by the IRS,) including but not limited to the winner’s name, address, and social security number or ITIN. This disclosure is mandatory and the authority for such disclosure is 42 USC 405(c)(2)(C), 26 CFR 31.3402(q)-1(e), ORS 461.715(1)(a), and 461.719(2)(a). A winner’s social security number or ITIN will be used for the purpose of identifying child support or public assistance overpayment obligors and payments owed and to administer state and federal tax laws, including collection of tax.

(j) Deductions from Prize Amount Paid: When a prize claim is submitted or claimed digitally through a player account, the Lottery will reduce the amount of the prize actually paid to the winner by any amounts required by law to be withheld from payment, including without limitation applicable tax withholding, a writ of garnishment or other legal attachment, child support, or other obligations owed to the State of Oregon. A winner will not be entitled to the full prize amount in such cases and the amounts withheld will be transferred or retained by the Lottery as required by law.

(2) Retailer Validation and Payment of Prizes: To determine whether a physical Lottery ticket or share presented for payment entitles the holder to a prize, a retailer must validate the claim with the Lottery by scanning the bar code or manually entering the bar code number printed on each Lottery ticket or share into equipment provided by the Lottery, and, if authorized by the Lottery, pay the holder the prize amount due.

(a) Retailer Payment: Unless the prize has multiple owners, a retailer is authorized to pay a prize of $600 or less and shall pay that prize in cash or by check or money order, or any combination thereof. A retailer may not pay prizes in tokens, chips, or merchandise or charge a fee for paying a prize or for issuing payment.

(b) Dishonored Check: If a retailer’s prize payment check is dishonored, the payee of the check may seek payment from the Lottery by presenting a copy of the dishonored check at Lottery Headquarters or a Lottery Branch during Lottery business hours, or by mailing a copy of the dishonored check with a winner claim form to the Lottery Mailing Address. If the Lottery determines that payment of the prize is authorized, the retailer has not paid the prize, and it is unlikely that the retailer will pay the prize, the Lottery may then issue a check to the payee of the dishonored check in the amount of the prize due. The Lottery may require submission of the original check issued by the retailer prior to making payment to the payee.

(c) Retailer Sanction: A retailer that pays a prize with a check that is dishonored may be subject to termination of its Lottery Retailer Contract.

(3) Submission of Prize Claim to Lottery: The holder of a winning ticket or share may claim a prize by submitting the winning ticket or share using one of the methods described in this section, unless a different method is provided for claiming a Highest Prize in the specific rules for the game from which the Highest Prize is derived. A winner claim form may be obtained from any Lottery retailer, from the Lottery Headquarters or a Lottery Branch, or may be downloaded from the Lottery's website.

(a) Presenting Claim at Lottery Headquarters or Lottery Branch:

(A) Except as provided in subsections (d) and (e) of this section, a claimant may bring and present a ticket or share at Lottery Headquarters or a Lottery Branch during Lottery business hours, unless the ticket or share, or a Lottery rule, specifies that the ticket or share may only be presented at Lottery Headquarters. Prize claims worth $50,000 or more must be presented to the Lottery in person unless an exception is approved under subsection (b) of this section.

(B) Except as otherwise provided in this paragraph, when presenting a claim to the Lottery, including a Video Lottery cash slip claimed pursuant to OAR 177-200-0020, the claimant must provide government-issued photo identification that is acceptable to the Lottery.

(i) If a claimant is unable to obtain or provide government-issued photo identification, Lottery may accept alternative forms of identification. The decision to accept alternative identification and the type of identification required shall be subject to Lottery’s discretion.

(ii) For a prize claimed jointly under section (5) of this rule, all claimants must provide identification.

(b) Presenting Claim by Mail, Private Express Carrier, or Secure Drop Box:

(A) When submitting a claim by mail, private express carrier, or drop box, the claimant must provide a photocopy of the claimant’s government-issued photo identification with the claim form. If a claimant is unable to obtain a government-issued photo identification or obtain a photocopy, Lottery may accept alternative identification or may authorize an alternative method for verifying the claimant’s identity. The decision to authorize alternative forms of identification or an alternative method for verifying the claimant’s identity and the type of identification required shall be subject to Lottery’s discretion.

(B) A claimant may present a claim by mail or private express carrier by signing the ticket or share, writing the claimant's mailing address on the ticket or share, completing a winner claim form, attaching a photocopy of their government-issued photo identification, and mailing it together with the winning ticket or share to the Lottery Mailing Address. Certified mail is recommended.

(C) The Lottery may provide a secure drop box on Lottery Headquarters premises into which a claimant may deposit a signed ticket or share, completed winner claim form, and a photocopy of their government-issued photo identification. Such secure drop box will be marked as such with Lottery signage. The claim is considered received by the Lottery on the date the claim is retrieved by Lottery personnel from the secure drop box.

(D) Unless an exception is approved by the Director or Assistant Director for Security (or, in the event of both of their absences, a person acting as a designee for the Director or Assistant Director for Security), only claims worth less than $50,000 may be submitted to the Lottery by mail, private express carrier, or secure drop box.

(c) Electronic Claim Form: A winner may submit an electronic claim form through the Internet if a winning ticket or share has already been presented using one of the methods specified in subsection (a) or (b) of this section. If the winner submits an electronic claim, the form is received by the Lottery only when the claim enters the Lottery's information processing system in a form that is retrievable by the Lottery and at the time and date noted by the Lottery's information processing system. The Lottery is not responsible for any electronic transmission failures or errors. An electronic winner claim form must include the winner's electronic signature that meets the requirements specified by the Lottery on the instructions for the winner claim form.

(d) Claiming Through the DraftKings Sportsbook Player Account: In the DraftKings Sportsbook, a prize is considered claimed immediately upon validation that the share is a winning share as determined by the rules for the particular game. Upon such validation, any taxes or other offsets required by law to be withheld will be withheld and any amounts remaining will be credited to the player account. There are no unclaimed prizes in the DraftKings Sportsbook game and prizes in such games may only be claimed as provided in this subsection.

(e) During a public health or other emergency, the Lottery may limit available methods for claiming prizes, especially in-person claiming, during the state of emergency.

(4) Lottery and Prize Payment Methods:

(a) Except as provided in subsections (b) and (c) of this section, upon validation of a winning Lottery ticket or share presented to the Lottery for payment, the Lottery shall pay the amount of the prize due to the owner of the ticket or share by check, payment device, or other appropriate payment method. The prize payment method is at the Lottery’s discretion. Lottery does not pay prizes in cash.

(b) In the DraftKings Sportsbook digital sports betting game, the Lottery only pays prizes digitally by crediting the player account after the withholding of any amounts required by law to be withheld.

(c) Lottery will not pay any prize for a winning ticket or share that has been sold, purchased, or claimed for compensation in violation of HB 3115 (2025). Any such ticket or share will not be returned to the claimant and is not eligible for any second chance or promotional drawing.

(5) Claiming Lottery Tickets or Shares Jointly: If a Lottery ticket or share is owned by two or more persons, and the joint ownership by more than one person was mutually agreed upon, the prize must be claimed in accordance with the following:

(a) Limitations: A ticket or share may not be claimed jointly for the purpose of avoiding or reducing the amount of the prize that will be offset against outstanding debts.

(b) General: All persons claiming ownership of the winning Lottery ticket or share must complete and sign a claim form and the Lottery’s Request to Divide and Release Form or Relinquishment of Ownership Form at the time the prize is claimed. At least one of the owners of the ticket or share must sign the ticket or share. That person’s signature must also appear on the Request to Divide and Release Form. Lottery retailers are not authorized to pay multiple owners who share a single winning prize.

(c) Unless an exception is approved by the director or the director’s designee, each owner will receive an equal share of the prize. For example, if the prize is $600 and there are three owners, each owner will receive $200. In no event will an owner be permitted to reduce their share of the prize for the purpose of avoiding legally required offsets including for outstanding child support or public assistance overpayment.

(d) Unless an exception is approved by the director or the director’s designee, each owner of a ticket for the top prize in Megabucks, Powerball, or Mega Millions must select the same payment option, either single lump sum or annuity.

(e) The Lottery may issue a single prize payment to an owner whose name appears on the ticket or share instead of multiple prize payments to the owners of the ticket or share if the value of each separate prize share would be less than $50 or if the number of owners claiming a share of the prize exceeds 100 people.

(f) Unless directed otherwise by judicial order pursuant to ORS 461.253, the Lottery only pays prizes to the owners of a ticket or share; Lottery will not pay part of a prize to another person who is not an owner, such as a relative.

(g) Unless an exception is approved by the director or the director’s designee, owners may not be changed or added after the initial presentment of the claim to the Lottery.

(h) Relinquishment of Interest: To relinquish a person’s ownership interest in a Lottery ticket or share, the person must sign the Lottery’s Relinquishment of Ownership Form relinquishing the person’s ownership interest to the person the owner designates on the form. In no event will a person be permitted to relinquish ownership interest once it is determined that the person owes money for child support, other legal attachment has taken place, or other amounts are otherwise required to be withheld by law. Once the Lottery receives the release of ownership form, it is irrevocable.

(6) Second Chance Drawing Prize: Sections (5) and (7) of this rule are not applicable to a prize claim from a second chance drawing. Prizes awarded by the Lottery from second chance drawings must be claimed in accordance with the provisions of OAR 177-052-0060 and only the person who submitted the winning entry in a second chance drawing may claim and be paid the prize.

(7) Power of Attorney.

(a) General: The owner of a winning ticket or share may designate in a written power of attorney an agent to act on the owner’s behalf and to receive a prize payment on behalf of the owner. The Director shall confirm both the written authorization and the agent. An owner is encouraged to select a bonded agent. The Director may pay a prize to an agent for the owner of a winning ticket or share only if the Director determines that the agent has presented a valid power of attorney under Oregon law authorizing the Lottery to disburse a winning prize amount to the agent on behalf of the owner named on the winning ticket or share. The Director may require that any power of attorney submitted to the Lottery be in a form prescribed by the Lottery. The Director will accept a power of attorney for a winning ticket or share only when there is a single owner of the ticket or share. The owner of the ticket or share for whom a claim is submitted under a power of attorney must be a natural person over the age prescribed in the applicable game rules and be otherwise eligible to play Lottery games and claim a Lottery prize.

(b) Method of Payment: The Lottery will not disburse cash to an agent for a winner. The Lottery will disburse payment to the designated agent for a ticket owner only by check, payment device, or other method payable to the named owner of the ticket or share, not to the name of the agent.

(c) Power of Attorney Form: A power of attorney submitted to the Lottery must, at a minimum: (i) be in written form, (ii) specify the name, address and telephone number of the owner of the ticket or share; (iii) be dated with a date that is later than the determination of the winner for the game in which a winning prize is being claimed, (iv) specifically identify the winning prize and the game won, (v) specify the name, address and telephone number of the agent who is authorized to claim the prize for the owner; and (vi) clearly state that the agent may complete a claim form and sign the ticket or share in the name of the owner and receive payment of the prize for the owner. The Director, in his or her discretion, may also accept a general power of attorney form for a disabled or incompetent player if the Director determines that the general power of attorney is valid under Oregon law and that payment to the agent of a Lottery prize is within the authority conferred upon the agent under the general power of attorney.

(d) Identification of Owner: The Director may confirm to the Director’s satisfaction that the agent is authorized to claim a prize on behalf of the owner of a winning ticket or share. The Director may attempt to verify or contact the owner of a winning ticket or share that is being claimed by an agent. The Director may request copies of additional documentation to establish the identity of the owner and the validity of the power of attorney including, without limitation, a driver’s license, passport or similar identification and documents pertaining to the identity and signature of the owner in order to verify the validity of the power of attorney.

(e) Appearance: An agent may not present a winning ticket or share through the mail or by private express carrier, but must physically present the winning ticket or share with the power of attorney and any supporting documentation at the Lottery Headquarters to claim the prize payment on behalf of the owner. Subsequent to receipt of acceptable identification, along with a completed claim form from the agent, and the Director’s review and approval of the power of attorney and other supporting documentation required by this rule or requested by the Director, the agent, in the presence of a duly authorized Lottery official, shall sign the owner’s name on the winning Lottery ticket or share in the place indicated on the ticket or share and immediately return it to the Lottery. The Director shall then disburse payment as provided in these rules.

(f) Discharge of Lottery from Liability: The owners of lottery tickets or shares are responsible for safeguarding their tickets or shares and assume the risk of an agent with apparent authority from the owner presenting a claim for payment from the Lottery on behalf of the owner. The State of Oregon, its agents, officers, employees, and representatives, including but not limited to, the Oregon Lottery, its Director, agents, officers, employees, and representatives, are discharged of all liability upon payment to an apparent agent for the owner of a winning ticket or share in accordance with this rule. The Lottery is not responsible in any way for the fulfillment or completion of any agreement or power of attorney between the owner and the agent. The Director’s decisions regarding the determination that a Lottery ticket or share is, or is not, a winning ticket or share or any question or dispute arising from the payment of such a prize is final and binding on all parties. In the event a question or issue arises regarding payment of a prize through an agent, the Director may withhold payment until the question or issue is resolved. The Lottery, the owner or the purported agent may petition a court of competent jurisdiction for judicial resolution of the matter.

(g) This section does not apply to the DraftKings Sportsbook digital sports betting game. Prizes in the DraftKings Sportsbook may not be claimed through a power of attorney; provided, however, moneys may be withdrawn from a player account through a power of attorney, if the form of power of attorney is approved and given effect by Lottery.

(h) This section may not be used to claim a prize in violation of any statutes or rules applicable to Lottery.

(8) Validation and Payment of Lost, Damaged or Destroyed Tickets or Shares: If a player of a game cannot submit an intact winning ticket or share because a retailer lost, damaged, or destroyed the ticket or share while attempting to perform validation procedures on the game ticket or share, or because the ticket or share was otherwise damaged so that it cannot be validated through the Lottery's central computer system or because it is otherwise unreadable, a prize claim based on such lost, damaged, or destroyed ticket or share may still be validated provided the claim is made before the end of the applicable claim period. For purposes of this rule, a ticket or share is unreadable if there is insufficient information remaining on the ticket or share for the Lottery's Security Section to reconstruct and validate the ticket or share.

(a) Player Form and Affidavit: To claim a prize based on a lost, damaged, or destroyed ticket or share, the player must obtain, complete, and sign a winner claim form and a claim affidavit furnished by the Lottery. The player shall submit the two completed forms along with any other evidence of the validation attempt that is in the player's possession (including, but not limited to, any slips, receipts or other evidence of play produced by the terminal at the time of the validation attempt) to the Lottery either by mail to the Lottery Mailing Address (registered mail recommended) or in person at the Lottery Headquarters or a Lottery Branch during Lottery business hours.

(b) Evidence: The evidence submitted by the claimant must corroborate any validation attempt of the ticket or share by a retailer including, but not limited to, identification of the Lottery game retailer or clerk who attempted to validate the prize, the time and date of the validation attempt, the ticket or share validation number, the terminal number, and the prize amount.

(c) Investigation: The Assistant Director for Security will conduct an investigation to determine if the claim and winning game ticket or share are valid.

(d) Retailer Affidavit: A retailer who is the subject of an investigation conducted under this section must complete and provide to the Lottery a retailer affidavit form explaining the events in question.

(e) Director's Determination: Based upon all the facts and information available, the Director shall determine whether prize payment is warranted and authorized.

(f) Payment of Prize: Upon the Director's determination that the ticket or share submitted under this section is a valid, winning ticket or share, and that the player is the proper person to whom a prize is payable, the Lottery shall present or mail a check to the claimant in the amount of the prize due to the claimant.

(g) Restriction of Payment: Payment of claims submitted under this section is restricted to the prize amount. A winner is not entitled to lost interest earnings or any other form of damages due to a delay in a payment of a prize while the validation process described in this rule is completed.

(h) Retailer Sanctions: The Director may sanction a Lottery game retailer for the loss, damage or destruction of a winning ticket or share including, but not limited to imposing, a requirement for training for the retailer or the retailer's employees, and any other actions that the Lottery may take in response to a retailer's failure to perform contract duties or requirements as described in the Lottery retailer contract.

(i) Notification of Denial: If the Director determines that the ticket or share is invalid, or a non-winning ticket or share, or the claim is invalid, the Director shall deny the claim and notify the claimant. An invalid ticket or share will not be returned to the claimant and is not eligible for any second chance or promotional drawing. A non-winning ticket or share will be returned to the claimant if the claimant provides return postage and a self-addressed envelope or mailing container in which to return the ticket or share. If a claim is denied, the Director may, in his or her discretion, provide the claimant with one or more replacement tickets as provided by OAR 177-046-0160.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440, 461.715, 461.719 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 316.194, 461.020, 461.220, 461.240, 461.560, ORS 461.120, 461.130, 461.150, 461.210, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440, 461.715, 461.719 & Or Laws 2025, ch. 46
LOTT 4-2026, amend filed 08/28/2026, effective 09/01/2026
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 6-2018, minor correction filed 05/17/2018, effective 05/17/2018
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2017, temporary amend filed 10/09/2017, effective 10/09/2017 through 04/03/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0120 Prizes Payable after Death

(1) General: If the winner of a Lottery game dies before claiming his or her prize, the decedent's claim may be presented and validated as provided in this rule within any applicable deadlines for claiming the prize. If a prize winner dies after the prize has been claimed and validated, but before the prize has been entirely paid (such as an annuity prize payment), the remaining prize amount may be paid to the parties listed on a beneficiary designation form, if one is on file, or to the estate of the deceased prize winner as provided in this rule, unless a rule specific to that prize provides otherwise. The Director may rely on the presentment of certified copies of the court’s appointment of a personal representative, the death certificate for the deceased prize winner, or other evidence of person(s) entitled to payment of the decedent's prize winnings and may make payment to the estate of the deceased winner once the Director is satisfied that such payment is lawful and proper.

(2) Release Form: For a deceased prize winner, the personal representative of the winner’s estate, or all the parties listed on a beneficiary designation form if one is on file, must sign the Lottery’s release form before payment of the prize or any remaining portions of the prize.

(3) Court Petition: The Director reserves the right to petition any court of competent jurisdiction to determine the proper payment of any prize winnings due to a deceased prize winner.

(4) Any amounts held in a player account upon the death of a player may be withdrawn by the estate of the player, a trust established by the player or other heirs or devisees of the player, in accord with the procedures established by the entity holding the account for the withdrawal of amounts held in the account of a decedent.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.250, 461.260, 461.400 & 461.440
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.020, 461.210, 461.220, 461.230, ORS 461.120, 461.130, 461.150, 461.250, 461.260, 461.400 & 461.440
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 5-2018, minor correction filed 05/17/2018, effective 05/17/2018
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0130 Disclosure of Winners

(1) The Lottery may release public information about a prize win after all security validation procedures have been completed such as:

(a) The city, state, and zip code in which the winner resides.

(b) The name and location of the retailer who sold the winning ticket.

(2) With the winner’s written authorization, the Lottery, its agents, contractors, officers, employees, and representatives may use, publicly disclose, publish in print or by means of the Internet, and reproduce the winner’s name, address, physical likeness, photograph, portraits, statements made by the winner, and use audio sound clips and video or film footage of the winner for the purpose of promoting the Lottery and its games. Examples of permitted uses include, but are not limited to, radio, television, newspapers, posters, billboards, commercials, magazines, print advertisements, press releases, social media posts, and posts on the Lottery website.

(3) Release: Each winner who authorizes the Lottery in writing to publicly disclose the name and likeness of a winner releases the State of Oregon, its agents, officers, employees, and representatives, the Oregon Lottery, its Director, agents, officers, employees, and representatives from any liability arising out of any blurring, distortion, alteration, or use in composite form whether intentional or otherwise, that may occur, or be produced in the printing and production process towards the completion of any finished product. A winner waives any right to inspect or approve the finished products, whether it is for a promotional campaign, advertising, or publicity.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.250 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, ORS 461.120, 461.250 & Or Laws 2025, ch. 46
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0140 Suspension of Play

(1) Suspension of Drawings: At the discretion of the Director, any Lottery drawing may be suspended.

(2) Refund Options: If the Director suspends a drawing after Lottery tickets or shares have been sold for that drawing, a player may receive a refund of the player’s ticket or share price, or a replacement Lottery ticket or share from another Lottery game, or the Director may hold a replacement drawing at the Director’s discretion.

(3) Termination of Games: A Lottery game may be discontinued at any time.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0155 Responsible Gaming

(1) General: The Lottery shall comply with the Responsible Gambling Code of Practices Act. The Lottery will support players in positive play behaviors as outlined in the Lottery's Responsible Gambling Code of Practice by providing responsible gaming features within games and may offer additional outreach and messaging to players from time to time.

(2) Self-imposed Limits: When a person creates a player account, they may establish personal gaming limits such as deposit, bet, or time limits or any person may self-exclude from the ability to play games through their player account.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150 & 461.200
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.800 to 461.820, ORS 461.120, 461.130, 461.150 & 461.200
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, adopt filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary adopt filed 10/01/2019, effective 10/01/2019 through 03/28/2020

Or. Admin. R. 177-046-0160 Discharge of Lottery from Liability

(1) General: The State of Oregon, its agents, officers, employees and representatives, the Lottery, its Director, agents, officers, employees, and representatives are discharged of all liability upon payment of a prize or any one installment thereof to the holder of any winning Lottery ticket or share or in accordance with the information set forth on any winning Lottery ticket or share, any claim form, including but not limited to a winner claim form, request to divide prize form, beneficiary designation form, and relinquishment of ownership interest form, supplied by the Lottery.

(2) Finality of Decision: The Director’s decision regarding payment or awarding of a prize is final and binding. In the event a question arises relative to any winning Lottery ticket or share, any claim form, the payment, or the awarding of any prize, the Lottery may deposit the prize winnings into an interest bearing escrow fund until it resolves the controversy, or it may petition a court of competent jurisdiction for instructions and a resolution of the controversy. All interest that may accrue while the prize winnings are on deposit in an interest bearing fund is and remains the property of the Lottery.

(3) Sole Remedy: In the event a dispute occurs between the Lottery and a player as to the amount of a prize, whether a Lottery ticket or share is a winner, whether it is valid, or whether it was purchased in error, the Director shall provide the player with one unplayed replacement Lottery ticket or share from any current Lottery game, and also in the Director’s discretion, may provide up to one hundred new Lottery tickets or shares from any current game. This is the player’s sole and exclusive remedy.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.020, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Or. Admin. R. 177-046-0170 Governing Law

(1) General: All players or persons purchasing or possessing any Lottery ticket or share must comply with and are bound by all applicable laws, rules, and procedures and any additional terms and conditions found on the ticket or share itself or provided digitally. In the event of a conflict between the additional terms and conditions found on the back of a ticket or share or provided digitally with the Lottery’s rules, the rules control.

(2) Lottery Materials: All materials distributed by the Lottery for playing Lottery games must be used solely for playing the game described by these rules. Any use or reproduction of the materials for purposes other than those permitted by these rules may constitute a violation of the gambling laws of the State of Oregon.

(3) Director’s Decisions: All decisions of the Director regarding Lottery games are final.

History

Statutory/Other Authority: OR Const. Art. XV § 4(4)(a) & ORS 461.120
Statutes/Other Implemented: OR Const. Art. XV § 4(4), ORS 461.020, 461.120, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

Division 50 SCRATCH-ITSM TICKET GAME OPERATING RULES

Or. Admin. R. 177-050-0002 Definitions

For the purposes of division 50, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Pack” means a book of shrink-wrapped Scratch-itSM game tickets which may or may not be attached to each other by perforations.

(2) “Pack-Ticket Number” means the uncovered number printed on a Scratch-itSM ticket which consists of a game number, a unique pack identification number, and a ticket number.

(3) “Play Symbols” mean the figures printed under each of the rub-off spots on the playing surface of a Scratch-itSM ticket.

(4) “Play Symbol Caption” means the material printed below each play symbol on a Scratch-itSM ticket which repeats or explains the play symbol. Only one play symbol caption is printed under each play symbol.

(5) “Retailer Validation Code” means the small letters found under the removable rub-off latex that covers the play symbols on the playing surface of a Scratch-itSM ticket. The letters appear in varying locations beneath the removable rub-off latex and among the play symbols.

(6) “Scratch-itSM” means a game in which winning tickets are produced at the time of manufacture with the aid of equipment, and the winning tickets are identified after purchase by scanning the bar code or manually entering the bar code number printed on each ticket with equipment provided by the Lottery. A Scratch-itSM game ticket offers a player the opportunity to remove a latex covering on the playing surface of a ticket and play the Scratch-itSM ticket for entertainment purposes. A non-winning Scratch-itSM game ticket may also offer a player the opportunity to enter a Lottery second chance drawing for a prize in accordance with the provisions of division 52 of OAR chapter 177.

(7) “Ticket Validation Number” means the unique number covered by latex on the playing surface of a Scratch-itSM ticket.

(8) “Void if Removed Number” (VIRN) means the series of digits on a Scratch-itSM ticket covered with latex which is used in the validation process.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.010
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 24-2002, f. & cert. ef. 11-25-02
LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 6-1993, f. & cert. ef. 7-2-93
LC 4-1988, f. & cert. ef. 1-26-88
LC 15-1987, f. 8-24-87, ef. 9-1-87
LC 13-1987(Temp), f. & ef. 7-27-87
LC 7-1987, f. & ef. 4-29-87

Or. Admin. R. 177-050-0020 Scratch-It Ticket Price

The price of a Scratch-itSM ticket shall be at least $1, except to the extent of any discounts authorized by the Commission.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.240
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 24-2002, f. & cert. ef. 11-25-02
LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 6-1993, f. & cert. ef. 7-2-93
LC 4-1990, f. & cert. ef. 4-3-90
LC 7-1987, f. & ef. 4-29-87
SLC 8-1985, f. & ef. 6-21-85
SLC 4-1985(Temp), f. & ef. 1-29-85

Or. Admin. R. 177-050-0024 Method of Determining Winners

(1) General: Winning tickets in a Scratch-itSM game are determined at the time of manufacture when winning tickets are produced at random with the aid of equipment in accordance with the payout percentage and prize structure established for the game.

(2) Determination of a Winning Ticket: To determine a winning ticket, the official bar code or bar code number printed on the ticket must be scanned or manually entered at the Lottery’s Headquarters in Salem, a Lottery Kiosk, other locations designated by the Director, or at a retail site by a Lottery retailer into equipment connected to the Lottery’s central computer system. If the ticket is a winner, Lottery’s computer system will identify it as such based upon the official bar code or bar code number. Removing the latex covering on the playing surface of the ticket does not identify a winning ticket. The latex covering feature is offered for entertainment purposes only. The ticket holder must notify the Lottery or a retailer of the apparent winning ticket and submit it for validation as specified in these rules in order to claim a prize. The ticket must be validated in accordance with Lottery’s administrative rules as may be amended from time to time before a prize may be paid.

(3) Second Chance Drawings: To determine a winner of a second chance drawing, the Lottery will follow the requirements set forth in OAR 177-052-0050.

(4) Highest Prize: Only the highest prize amount will be paid on a winning Scratch-itSM ticket, except for games which are designed to offer multiple prizes. In all events, the determination of prize winners is subject to the general ticket validation requirements set forth in OAR 177-050-0027 and any additional requirements set forth on each Scratch-itSM ticket. If the terms on a ticket conflict with the Lottery’s administrative rules, then the rules are the controlling authority.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.230
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 6-1993, f. & cert. ef. 7-1-93
LC 11-1990, f. & cert. ef. 8-21-90
LC 8-1990(Temp), f. & cert. ef. 6-26-90
LC 4-1990, f. & cert. ef. 4-3-90
LC 7-1987, f. & ef. 4-29-87

Or. Admin. R. 177-050-0025 Payment of Prizes

(1) Prizes of $600 or Less: Prizes of $600 or less from winning Scratch-it tickets may be paid by a retailer or directly by the Lottery as provided in OAR 177-046-0110.

(2) Prizes Greater than $600: Prizes greater than $600 may not be paid by a Lottery retailer. A player must claim a winning Scratch-it ticket prize of more than $600 by presenting the ticket to the Lottery as provided in OAR 177-046-0110.

(3) Second Chance Drawing Prizes: Prizes awarded by the Lottery from second chance drawings must be claimed in accordance with the provisions of OAR 177-052-0060.

(4) Validation and Payment of Lost, Damaged, or Destroyed Tickets for Prizes: If a player of a Scratch-it game cannot submit an intact winning ticket because a retailer lost, damaged, or destroyed the ticket while attempting to perform validation procedures on the game ticket, or because the ticket was otherwise damaged so that it cannot be validated through Lottery's central computer system or because it is otherwise unreadable, a prize claim may be submitted and potentially validated as provided in OAR 177-046-0110(8).

(5) Time Limit: A prize claim for a winning Scratch-it ticket must be made under this rule within the time limit specified in OAR 177-050-0100. A prize claim from a second chance drawing must be made within the time limit specified in OAR 177-052-0060.

(6) Invalid Tickets: Any ticket not passing all applicable validation checks is invalid and void for claims made under OAR 177-050-0025(3). A player submitting an invalid or void ticket is ineligible for any prize and no prize shall be paid for such a ticket. An invalid ticket will not be returned to the player and is not eligible for any second chance or promotional drawing.

History

Statutory/Other Authority: ORS 461, OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 2-2022, minor correction filed 02/01/2022, effective 02/01/2022
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 9-2008, f. 11-21-08, cert. ef. 12-1-08
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 24-2002, f. & cert. ef. 11-25-02
LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 8-1993, f. 9-22-93, cert. ef. 10-18-93
LC 4-1990, f. & cert. ef. 4-3-90
LC 7-1987, f. & ef. 4-29-87
SLC 27-1986, f. & ef. 11-24-86
SLC 4-1986, f. & ef. 2-25-86
SLC 8-1985, f. & ef. 6-21-85
SLC 4-1985(Temp), f. & ef. 1-29-85

Or. Admin. R. 177-050-0027 Ticket Validation Requirements

(1) General: Besides meeting all of the other requirements in OAR Chapter 177 and as may be printed on each ticket, the following validation requirements apply to Scratch-it game tickets.

(2) Requirements: Except as otherwise provided for validation of lost damaged or destroyed tickets, to be a valid Scratch-it game ticket it must meet, all of the following requirements:

(a) Play Symbols: Where applicable, each of the play symbols must have a play symbol caption underneath, and each play symbol must agree with its play symbol caption.

(b) Legibility: Where applicable, each of the play symbols and play symbol captions must be present in its entirety and be legible.

(c) Specifications: Each of the play symbols and its play symbol caption must be printed according to game specifications.

(d) Completeness of Information: The game number, pack number, ticket number, bar code, bar code number, and VIRN number must be present and all information must correspond with the Lottery’s computer records.

(e) Printing Order: The play symbols, play symbol captions, game number, pack-ticket number, and VIRN number must be right-side-up and not reversed in any manner.

(f) Pack-Ticket Number: The ticket must have exactly one pack-ticket number.

(g) VIRN: The VIRN number of an apparent high-tier winning ticket must appear on the Lottery’s official record of winning ticket VIRN numbers, and a ticket with that VIRN number must not have been paid previously.

(h) Artwork: Each of the following must correspond to the artwork on file at the Lottery: Play symbols on the ticket, play symbol captions, pack-ticket numbers, display printing, game numbers, retailer validation code, and ticket VIRN number.

(i) Multi-Page Tickets: In the case of Scratch-it tickets consisting of multiple pages designed to remain intact, the individual pages must not be detached from each other. Such separated multi-page tickets will be considered damaged tickets.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2010, f. 1-29-10, cert. ef. 2-1-10
LOTT 9-2008, f. 11-21-08, cert. ef. 12-1-08
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 3-2005, f. 4-27-05, cert. ef. 4-28-05
LOTT 13-2004(Temp), f. & cert. ef. 11-29-04 thru 5-27-05
LOTT 24-2002, f. & cert. ef. 11-25-02
LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 1-1997, f. 1-31-97, cert. ef. 2-1-97
LC 6-1996, f. 5-30-96, cert. ef. 6-1-96
LC 7-1995, f. & cert. ef. 7-7-95
LC 6-1993, f. & cert. e.f 7-2-93
LC 4-1990, f. & cert. ef. 4-3-90
LC 4-1988, f. & cert. ef. 1-26-88
LC 7-1987, f. & cert. ef. 4-29-87

Or. Admin. R. 177-050-0037 Stolen, Destroyed, and Damaged Scratch-It Tickets

(1) Defective, Damaged, or Destroyed Tickets: A Lottery retailer will not be billed for non-activated Scratch-itSM tickets that are defective, damaged, or destroyed, or the Lottery may credit a retailer’s EFT account for activated Scratch-itSM tickets that are defective, damaged, or destroyed, under the following conditions:

(a) Manufacturing Defect: The defect is a result of a manufacturing error or damage during shipment; or

(b) Reasonable Control: The damage or destruction is due to circumstances beyond the retailer’s reasonable control, such as a structure fire, flood, or other natural disaster; and

(c) Time Limitation: Damaged or defective Scratch-itSM tickets are returned to the Lottery within 30 days of discovering the damage or defect. When the Scratch-itSM tickets cannot be returned because they are completely destroyed or damaged beyond recognition, within 30 days of when the tickets were destroyed or damaged the retailer must submit, on a form provided by the Lottery, a signed and notarized affidavit which describes the circumstances of how the Scratch-itSM tickets were destroyed or damaged. The Lottery’s Finance and Accounting department will review inventory and sales records and confirm the value of the destroyed or damaged Scratch-itSM tickets.

(d) Director’s Approval: Credit for defective, damaged, or destroyed Scratch-itSM tickets may be given only upon approval of the Director.

(2) Theft of Activated Tickets: The Lottery may credit a retailer’s EFT account for one-half of the uninsured loss of activated Scratch-itSM tickets that are stolen from the retailer’s premises subject to the following:

(a) Loss Amount: The theft results in a loss of $150 or more of activated Scratch-itSM tickets.

(b) Security Measures: The retailer has in place and was using at the time of the theft, reasonable security measures to prevent the theft of Scratch-itSM tickets. The Director will, in the Director’s sole discretion, determine if a retailer was using reasonable security measures at the time of the theft. For purposes of this rule, “reasonable security measures” means that at a minimum, the retailer:

(A) Approved Dispensers: Keeps Lottery Scratch-itSM tickets in Lottery approved dispensers, ITVMs, or stored in a locked container inaccessible to customers and unauthorized employees if the tickets are not yet being offered for sale;

(B) Inventory Control Process: Has an inventory control process in place, including adequate record keeping, Scratch-itSM ticket access controls, and ticket activation controls; and

(C) Accounting Procedures: Uses accounting or bookkeeping procedures that alert the retailer to the theft of activated Scratch-itSM tickets within seven business days of the theft.

(A) Report the theft to a local law enforcement agency and to the Lottery within 48 hours of discovering the theft. The report must include the game, pack, and Scratch-itSM ticket numbers of the stolen tickets; and

(B) Submit to the Lottery a copy of a police report showing the theft was reported to the local law enforcement agency.

(d) Retailer Affidavit: The retailer must submit to the Lottery, on an affidavit form provided by the Lottery, a signed and notarized statement:

(A) Describing the circumstances of the theft, the game, pack, and Scratch-ItSM ticket numbers of the stolen tickets, the total loss claimed, and a statement whether the retailer is self-insured or is covered by third-party insurance; and

(B) The retailer must attach to the statement a copy of any documents substantiating the theft or loss, including, but not limited to, any inventory control records related to the stolen tickets and any financial records showing the monetary loss.

(e) Third Party Insurance: If the loss is fully covered by third-party insurance, the retailer is not eligible to receive a credit for the stolen tickets. If the loss is not entirely covered by third-party insurance, then the retailer may receive a credit for one-half of the balance of the loss if the retailer provides a letter from the insurance company setting forth the amount of loss claimed by the retailer and the amount paid to the retailer by the insurance company. The retailer must provide any other information needed by the Lottery to determine the amount of insurance coverage and the amount paid to the retailer for the loss.

(f) Cooperation: The retailer must fully cooperate with the Lottery and provide any documents or information requested. The retailer must cooperate fully in the prosecution of any criminal case resulting from the theft of the tickets or in any civil lawsuit for recovery of the amount of the loss paid to the retailer by the Lottery under this rule.

(g) Restitution from Criminal Prosecution of Judgment in Civil Action: The Director will not credit the retailer’s EFT account for any amount of the loss that a court orders repaid as restitution or that is awarded to the retailer in a civil judgment or settlement. The Director may delay crediting the retailer for the loss claimed until criminal proceedings related to the theft of the tickets are concluded. The Lottery may recover from the retailer any amount ordered as restitution in a criminal case or received by the retailer pursuant to a civil judgment or settlement agreement.

(h) Employee Theft: In no event will the Director authorize credit to a retailer when the retailer is the victim of employee theft.

(i) Time Limitation: Notwithstanding the 48-hour reporting requirement of subsection (c) of this section, the Director may authorize a credit upon a showing that the failure to timely report was beyond the retailer’s reasonable control. In no event will a retailer receive a credit for a theft that occurred more than 30 days prior to the date that the retailer reported the theft to the Lottery and the local law enforcement agency as set forth in subsection (b) of this section.

(j) Limit on Credit Amount: In no event may a retailer receive credit for a loss resulting from theft in an amount greater than $2500 during the term of the retailer contract.

(3) Theft of Non-Activated Tickets: The Lottery will not bill a retailer for Scratch-itSM tickets received but not activated that are stolen from the retailer’s premise if the theft results in the loss of $150 or more of non-active Scratch-itSM tickets and the retailer complies with the requirements of subsections (2)(b) through (2)(h) of this rule. The limitations set forth in subsections (2)(g) through (2)(j) of this rule apply to the theft of non-activated Scratch-itSM tickets.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.150, 461.190, 461.210, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.150, 461.190, 461.210, 461.260 & 461.300
LOTT 10-2022, amend filed 09/30/2022, effective 10/01/2022
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 19-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 24-2002, f. & cert. ef. 11-25-02
LOTT 13-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 15-2001, f. & cert. ef. 12-3-01
LC 13-1996, f. & cert. ef. 12-27-96
LC 4-1995, f. 4-27 -95, cert. ef. 5-1-95
LC 6-1993, f. & cert. ef. 7-2-93
LC 2-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-050-0070 Confidentiality of Scratch-It Tickets

Except when playing a ticket that the retailer or its employees or agents have purchased as a consumer, no retailer or its employees or agents shall attempt to ascertain the numbers or symbols appearing in the designated areas under the removable latex coverings or otherwise attempt to identify winning Scratch-itSM tickets.

History

Statutory/Other Authority: ORS 461
Statutes/Other Implemented: ORS 461.210
LOTT 1-2008, f. 3-21-08, cert. ef. 3-31-08
LOTT 4-2007(Temp), f. 11-8-07, cert. ef. 11-12-07 thru 5-9-08
LOTT 15-2001, f. & cert. ef. 12-3-01
SLC 8-1985, f. & ef. 6-21-85
SLC 4-1985(Temp), f. & ef. 1-29-85

Or. Admin. R. 177-050-0100 Official End of Scratch-it Ticket Games and Last Date to Claim a Prize or to Receive Credit for Unsold Scratch-it Tickets

(1) Director’s Determination: The Director shall determine the official ending date of a Scratch-it ticket game.

(2) Notice: The Director shall announce the official ending date of each Scratch-it ticket game by any reasonable means, which may include: Notice on the Lottery’s website, media advertisements, or notice through Lottery retail sales sites.

(3) Last Date to Claim a Prize: In accordance with ORS 461.250(7), the last date to claim a prize from a winning Scratch-it ticket is one calendar year from the official ending date of the particular Scratch-it ticket game, unless the Lottery Commission defines a shorter time period to claim a prize in a particular Scratch-it ticket game.

(4) Second Chance Drawings: Prize claims made under second chance drawings utilizing non-winning Scratch-it tickets must be made within the time limits specified in OAR 177-052-0060.

(5) Unsold Returns: To receive credit for unsold, activated tickets in a Scratch-it ticket game that is ending, a retailer must return the tickets to the Lottery within ten weeks following the date when the Lottery stops activating the tickets in that Scratch-it ticket game. Lottery will announce to the Lottery retail sales sites the date the tickets will no longer be activated. Upon a showing of good cause by the retailer, the Director may authorize credit for unsold, activated Scratch-it tickets returned beyond this ten-week period.

History

Statutory/Other Authority: Or. Const. Art. XV, § 4(4)(a) & ORS 461.120, 461.210, 461.230, 461.250, 461.260, 461.300
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240, 461.250 & Or. Const. Art. XV, § 4
LOTT 3-2019, amend filed 12/20/2019, effective 01/01/2020
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 2-2010, f. 1-29-10, cert. ef. 2-1-10
LOTT 3-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 9-2008, f. 11-21-08, cert. ef. 12-1-08

Division 51 LOTTERY PROMOTIONS, GIVEAWAYS, AND PLAYER LOYALTY PROGRAMS

Or. Admin. R. 177-051-0000 Purpose

The purpose of this division of OAR chapter 177 is to authorize and set forth the provisions for promotions, giveaways that may be conducted from time to time, and Player Loyalty Programs of the Oregon State Lottery. The rules in this division do not apply to promotions conducted by Lottery retailers or incentive programs that the Lottery may conduct for Lottery retailers.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Or. Admin. R. 177-051-0010 Definitions

For purposes of division 51, the following definitions apply, unless the context requires otherwise:

(1) “Drawing” means a certain type of promotion in which the Lottery, or a drawing agent, randomly selects an entry from among entrants in order to award a promotional reward or giveaway to the person whose entry is selected.

(2) “Giveaway” means Lottery-branded merchandise, cash, a coupon, or any other item of value given by the Lottery to a person as a means of promoting the sale of the Lottery’s tickets and shares.

(3) “Player Loyalty Program” refers to a promotional program offered by the Lottery to encourage loyalty to Lottery products, where persons who qualify must register to become a member in order to participate in the Player Loyalty Program.

(4) “Promotion” means an activity that directly or indirectly promotes the sale of Lottery tickets or shares through use of a Player Loyalty Program, promotional rewards, giveaways, or any other item or player incentive offered by the Lottery.

(5) “Promotional Reward” means an item of value that may be awarded to a person in a promotion through a drawing.

(6) “Website” means the Lottery’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Lottery for a particular promotion or promotional program.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Or. Admin. R. 177-051-0030 Promotions

(1) Authorization: At the discretion of the Director, the Lottery may conduct promotions that directly or indirectly promote the sale of Lottery® tickets or shares.

(2) Participation: A person may participate in a promotion only if eligible, as solely determined by the Lottery. No purchase is required and there is no fee for participation in a Lottery promotion. No person may claim any right to participate in any promotion or promotional program or to receive from the Lottery any promotional reward, giveaway, or any other item of value offered by the Lottery through a promotion.

(3) Applicable Laws: A promotion is subject to all applicable laws and administrative rules related to the Lottery and to any additional terms and conditions relating to the promotion that are posted by the Lottery on its website. The Lottery may change the terms and conditions of a promotion at any time and for any reason, with or without prior notice.

(4) Void if Prohibited: Any promotion conducted by the Lottery is void where prohibited by law.

(5) Non-Transferable: Promotional rewards, giveaways, or any other items of value offered through a promotion are not transferable and a person may not assign or otherwise transfer any right to receive such items. The Lottery will not make any substitutions.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Or. Admin. R. 177-051-0035 Player Loyalty Program

(1) General: The Lottery may offer a Player Loyalty Program. A Player Loyalty Program is a promotional program offered by the Lottery to promote the sale of Lottery® tickets and shares. Participation by members who join as members is voluntary and for entertainment purposes only. No person may claim any right to participate in a Player Loyalty Program offered by the Lottery, nor may a person claim any right to receive a promotional reward, giveaway, or any other item of value offered by the Lottery through a Player Loyalty Program.

(2) Eligibility: A person must meet the requirements in OAR 177-051-0040 in order to become a member and be eligible to participate in a Player Loyalty Program.

(3) Membership Application: To participate in a Player Loyalty Program, a person must become a member by electronically completing a registration process that includes providing the person’s name, physical address, e-mail address, and any other information required by the Lottery.

(4) Terms and Conditions: Participation in a Player Loyalty Program offered by the Lottery is subject to all terms and conditions governing the program. The terms and conditions shall be posted on the website. By applying for membership, a person expressly accepts the terms and conditions at the time the person completes the registration process. The terms and conditions may be modified at any time, with or without prior notice, even if such modification may affect a member’s participation in the Player Loyalty Program or affect the member’s receipt of a promotional reward, giveaway, or any other item of value offered by the Lottery under a Player Loyalty Program.

(5) Discontinuation of Program: The Lottery may discontinue a Player Loyalty Program at any time, with or without prior notice by the Lottery. Once a program is discontinued, a member’s eligibility for promotional rewards, giveaways, or any other item of value offered by the Lottery under the program terminates.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11

Or. Admin. R. 177-051-0040 Eligibility

(1) Requirements: To be eligible to receive any promotional reward, giveaway, or any other item of value offered in a Lottery promotion, or to participate in a Player Loyalty Program, a person must meet the following requirements:

(a) Be a natural person 18 years of age or older, unless a specific promotion or Player Loyalty Program requires the entrant to be 21 years of age or older;

(b) Must not be:

(A) An employee or representative of the Lottery, or the spouse, child, brother, sister, or parent of any such employee or representative;

(B) An employee or representative of the Oregon State Police, Gaming Enforcement Division; or

(C) A Lottery vendor who is prohibited by contract with the Lottery from participating in the promotion or is prohibited from playing Lottery games.

(2) Disqualification: If at any time the Lottery determines that a person who participates in a promotion, including, but not limited to a Player Loyalty Program, does not meet the eligibility requirements listed above, that person is disqualified. A person who is disqualified is not eligible to participate in the promotion and is not eligible to receive any promotional reward, giveaway, or any other item of value offered in the promotion. If a person who is disqualified has received a promotional reward, giveaway, or any other item of value in the promotion, the Lottery, in its sole discretion, may require the person to return the promotional reward, giveaway, or other item or incentive to the Lottery.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Or. Admin. R. 177-051-0120 Limitation of Liability

(1) General: The State of Oregon, its agents, officers, and employees, the Oregon State Lottery Commission, and the Oregon State Lottery, and its agents, officers, and employees, are not liable for any:

(a) Late, lost, misrouted, garbled, distorted, or damaged entries, claims, other communications, or transmissions;

(b) Telephone, electronic, hardware, software, network, Internet, or other computer, or communications-related malfunctions or failures;

(d) Entries, claims, or other communications not received by the Lottery, or if applicable, by a Lottery contractor, vendor, or authorized agent, or that are lost in the mail or delivered elsewhere, or are electronically misrouted or misdirected; or

(e) Other injuries, losses, or damages arising from, related to, or caused by a promotion, or any claims arising from or related to the acceptance, possession, or use of any promotional reward, giveaway, or any other item of value offered by the Lottery.

(2) Voluntary Participation: Participation in a promotion is voluntary. Acceptance of any promotional reward, giveaway, or other item of value offered in a promotion is voluntary. Promotions that require persons to compete with other persons, play games, or complete tasks, or any similar activities carry a risk of personal injury or death. Participation is at the person’s own risk. The State of Oregon, its agents, officers, and employees and the Oregon State Lottery Commission and the Oregon State Lottery, its agents, officers, and employees, are not liable for any personal injury, loss, or consequential damage arising from, related to, or caused by a person’s participation in any promotion. Possession, use, or participation in any activity resulting from the acceptance of a promotional reward, giveaway, or other item of value awarded to a person by the Lottery carry a risk of personal injury or death. Such acceptance is at the person’s own risk. The State of Oregon, its agents, officers, and employees and the Oregon State Lottery Commission and the Oregon State Lottery, its agents, officers, and employees, are not liable for any personal injury, loss, or consequential damage arising from, related to, or caused by a person’s acceptance of any promotional reward, giveaway, or other item of value awarded to the person by the Lottery.

(3) Disputes: In the event a person disagrees with the Lottery’s determination that the person is not eligible to participate in a promotion, or has not complied with the terms and conditions of a promotion, and therefore should not receive a promotional reward, giveaway, or any other item of value offered by the Lottery, the Lottery’s determination is final. At the sole discretion of the Lottery, and if the person is eligible, the Lottery may provide the person with the opportunity to enter another promotion, or may provide the person a ticket or share from any current Lottery game. This is the person’s sole and exclusive remedy.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Or. Admin. R. 177-051-0130 Miscellaneous

(1) Cancellation of Promotions: The Director may cancel or postpone any promotion at any time in the exercise of the Director’s sole discretion, with or without prior notice.

(2) Conflicting Provisions: In the event of a conflict between the Lottery’s rules in division 51 and the terms and conditions of any promotion, these rules control.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 3-2011, f. 7-29-11, cert. ef. 8-1-11
LOTT 13-2003, f. & cert. ef. 9-29-03
LOTT 5-2003(Temp), f. & cert. ef. 5-28-03 thru 11-21-03

Division 52 OREGON STATE LOTTERY SECOND CHANCE DRAWINGS

Or. Admin. R. 177-052-0000 Purpose

The purpose of this division of OAR chapter 177 is to authorize and set forth the provisions for second chance drawings that the Oregon State Lottery, or a drawing agent, may conduct from time to time.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220, 461.230 & 461.250
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0010 Definitions

(1) “Active Scratch-itSM game” means a Lottery Scratch-itSM game that has not officially ended as set forth in OAR 177-050-0100.

(2) "Entry period" means the time period, established at Lottery's discretion, during which a player may submit an entry for a second chance prize.

(3) “Entry requirements” means the instructions that specify how to enter a second chance drawing.

(4) "Second chance drawing" has the meaning given the term in OAR 177-010-0003.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
LOTT 9-2022, amend filed 09/30/2022, effective 10/01/2022
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0020 Eligibility

(1) Requirements: To be eligible to win a prize in a second chance drawing, a person must:

(a) Be a natural person 18 years of age or older;

(b) Reside in the United States;

(d) Submit a valid entry as described in OAR 177-052-0030; and

(e) Not be:

(A) An employee or representative of the Lottery, or the spouse, child, brother, sister, or parent of any such employee or representative;

(B) An employee or representative of the Oregon State Police, Gaming Enforcement Division; or

(C) A Lottery vendor who the Lottery prohibits by contract with the Lottery from participating in a second chance drawing or is otherwise prohibited from playing Lottery games.

(2) Person Ineligible: If at any time the Lottery determines that a person who submitted a second chance drawing entry does not meet the requirements listed in section (1) of this rule, that person is disqualified and is ineligible for a prize.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.230, 461.250 & 461.600
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.230, 461.250 & 461.600
LOTT 6-2020, amend filed 11/30/2020, effective 12/01/2020
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0030 Entry Requirements

(1) General: The only valid method of entry is electronic entry as described in this rule on the website or mobile app designated by the Lottery for second chance drawings. The person must be within the state of Oregon at the time of entry. The Lottery will not accept entries by mail, in person, or by other method.

(2) Electronic Entry: To submit a valid electronic entry, a person must:

(a) Successfully register as a member on a Lottery designated website or mobile app. A person may only have one active membership at a time. The Lottery must be able to verify the person's age and identity;

(b) Agree to the terms and conditions, as they are updated from time to time, provided on the website or mobile app;

(c) Enter such information as the Lottery may require for each drawing, which may include, but is not limited to, the Game ID number, the alphanumeric entry code, and ticket or share information from the Lottery game ticket or share that is eligible for the particular second chance drawing. Some non-winning tickets or shares may be designed for electronic entry on the mobile app by scanning the barcode on an eligible ticket or share.

(d) Attest that the person is within the state of Oregon at the time of entry;

(e) Provide any additional information as required by the Lottery; and

(f) Submit the electronic entry prior to the deadline for submission of entries for the second chance drawing.

(3) Confirmation of Entry: For a ticket and drawing entry to be successfully entered into a drawing, the website or mobile app must validate each ticket and drawing entry and issue confirmation of the entry to the player.

(4) Ticket Requirements: Only one Lottery game ticket or share may be used for each entry. If the second chance drawing specifies use of a Scratch-it ticket for entry into the drawing, only a Lottery Scratch-it game ticket from an active Scratch-it game, as specified by the Lottery, is eligible for entry into the second chance drawing. The Lottery may specify in the terms and conditions applicable to a particular drawing that submission of certain tickets or shares may constitute more than one entry in that drawing.

(5) Single Entrant: Only one person per entry may submit an entry for a second chance drawing. An entry with more than one name on the entry form is invalid.

(6) Other Entry Requirements: The Lottery may establish additional terms and conditions and entry requirements for any second chance drawing. These additional terms and conditions and entry requirements will be posted on a Lottery website, mobile app, or as otherwise announced by the Lottery.

(7) Invalid Entry: Failure to follow any of the terms and conditions, entry requirements, or rules of a second chance drawing invalidates the entry. An invalid entry is void and is not eligible for a second chance drawing prize. The Lottery does not return invalid entries to the entrant.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.210, 461.230, 461.250 & 461.600
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.210, 461.230, 461.250 & 461.600
LOTT 9-2022, amend filed 09/30/2022, effective 10/01/2022
LOTT 6-2020, amend filed 11/30/2020, effective 12/01/2020
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0040 Prizes and Odds of Winning

(1) The Lottery will determine and announce the top prize and entry period for each second chance drawing on the Lottery’s website or mobile app or via other means reasonably calculated to inform the public about the second chance drawing.

(2) In addition to the top prize, the Lottery may offer additional prizes at the Lottery's discretion. At the Lottery's discretion, such additional prizes may be awarded to winners that are selected at interim drawings held prior to the final drawing for the top prize or additional prizes may be awarded to winners that are selected at the final drawing for the top prize. The value of each additional prize is between $25 and $5,000. A detailed tabulation of the number and value of prizes in second-chance drawings is available on the Lottery's website or upon request to the Lottery.

(3) The odds of winning a Lottery second chance drawing depend on the total number of entries received and the total number of winners selected per drawing or game.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
LOTT 9-2022, amend filed 09/30/2022, effective 10/01/2022
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0050 Drawings and Selection of Winners

(1) General: The Lottery will hold second chance drawing at such dates, times, places, and in such manner as determined by the Lottery. As described in this rule, at Lottery’s discretion, the Lottery may select more than one winning entry in a second chance drawing; award more than one prize; conduct more than one drawing; and select alternate winners.

(2) To select a winning entry or entries, the Lottery, or a drawing agent, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery Director or Assistant Director for Security that ensures a random selection of a winning entry or entries and alternates, and ensures the fairness, integrity, security, and honesty of the drawing and drawing procedures. The Lottery may select multiple winning entries for a drawing with multiple prizes. At Lottery's discretion, the Lottery may also select alternate winners from all the entries submitted for that drawing. An alternate winner is only eligible to receive a prize if the prior selected winner (including any alternate winners selected) is ineligible or does not claim the prize.

(3) At Lottery's discretion, the Lottery may hold additional drawings for additional prizes during the entry period. The purpose of these interim drawings is to increase the appeal of Lottery games and incentivize entry into second-chance drawings. These interim drawings may be unannounced and conducted prior to the drawing for the top prize. In such case, the only eligible entries will be those received prior to the interim drawing. An entry used in an interim drawing is still eligible for subsequent drawings for the same second-chance promotional drawing, including the drawing for the top prize.

(4) Suspension or Cancellation of Drawing: At the discretion of the Lottery Director, the Director may suspend or cancel a second chance drawing. If the Director suspends a drawing, the Director may hold a replacement drawing or cancel the drawing. If the Director cancels a second chance drawing, the Lottery, in its sole discretion, may provide an entrant who entered the drawing with a coupon for a Lottery product, or a promotional reward, the value of which shall be solely determined by the Lottery. This is an entrant’s sole and exclusive remedy.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.210, 461.220, 461.230, 461.250 & 461.600
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.210, 461.220, 461.230, 461.250 & 461.600
LOTT 9-2022, amend filed 09/30/2022, effective 10/01/2022
LOTT 6-2020, amend filed 11/30/2020, effective 12/01/2020
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0060 Winner Notification and Claiming of Prizes

(1) Second Chance Prize Notification: If the entry is valid, the Lottery will notify the person who submitted the winning entry (“the winner”) in a second chance drawing by email. The Lottery may, but is not required to, also provide notification by telephone or certified mail. The effective date of notification is the date the initial email notification is sent by the Lottery as noted electronically within the Lottery’s information processing system.

(2) Time Limits for Claiming Prize: Unless otherwise specified for a specific second chance drawing, a winner (including any eligible alternate winner) of a second chance drawing has 60 calendar days from the date of the effective date of notification in which to claim the prize using the methods provided in OAR 177-046-0110.

(3) Forfeiture of Prize: If the Lottery determines that a winner and any alternate winners of a second chance drawing are ineligible or fail to claim the prize within the timeframe provided in section (2) of this rule, or if the entry and any alternate winning entries selected for that drawing are invalid, then the prize is an unclaimed prize and remains the property of the Lottery Commission to be allocated to the benefit of the public purpose.

(4) Winner Claim Forms: To claim a prize in a second chance drawing, the winner must submit a winner claim form to the Lottery as provided in OAR 177-046-0110. To be valid, the winner claim form must contain the required information, such as name, address, signature or identifying mark, social security number (if applicable), and a valid reference number. Only the person who submitted the entry may claim the prize (the winner). A second chance drawing prize may not be claimed by multiple owners. The Lottery will not accept an invalid winner claim form and will return the claim form to the claimant. The winner may resubmit a valid claim form as long as the time for claiming the prize has not expired.

(5) Verification of Identity: The Lottery may require the winner to present valid proof of identity to confirm that the winner is the registered member who submitted the second chance drawing entry. If the Lottery is unable to confirm the person claiming the prize is the registered member, the person is ineligible to receive a prize.

(6) Delivery of Prize: The winner of a second chance drawing prize may receive the winner’s prize in person at the Lottery Headquarters or at a Lottery Branch, by mail, or private express carrier. The Lottery will deliver a prize by private express carrier only to an address that is within the United States.

(7) Taxes and Fees: Unless otherwise stated by the Lottery in the terms and conditions for a particular second chance drawing, all taxes and fees are the responsibility of the winner claiming the prize.

(8) Deceased Winner: If the winner of a second chance drawing prize is deceased, the Lottery may make payment of the prize to the estate of the deceased prize winner as provided in OAR 177-046-0120.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.230, 461.250 & 461.600
Statutes/Other Implemented: Or Const Art XV, § 4(4), ORS 461.010, 461.020, 461.100, 461.120, 461.150, 461.180, 461.200, 461.230, 461.250 & 461.600
LOTT 6-2020, amend filed 11/30/2020, effective 12/01/2020
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Or. Admin. R. 177-052-0070 Governing Law

(1) Compliance with Law and Terms and Conditions: By entering a Lottery second chance drawing, a person agrees to abide by and comply with Oregon law, including the statutes and administrative rules governing Lottery second chance drawings, and any additional terms and conditions and entry requirements for a second chance drawing as posted by the Lottery, which are in effect, and which may be amended from time to time.

(2) Decisions of the Director: The decisions of the Lottery Director are final. This includes, but is not limited to, the amount or nature of a prize, the validity of an entry, whether an entry is a winner, whether it was submitted in error, and whether an entrant has won a prize.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220, 461.230 & 461.250
LOTT 3-2016, f. 5-20-16, cert. ef. 6-7-16
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 7-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 5-2011(Temp), f. & cert. ef. 9-2-11 thru 1-29-12

Division 69 LOTTERY RAFFLE GAME RULES

Or. Admin. R. 177-069-0000 Game Description

(1) General: A Lottery raffle is a lottery game in which a specified number of Lottery raffle game tickets, as determined by the Lottery, are available for purchase. A unique sequential identifying number(s) is printed on each Lottery raffle ticket. Each unique number represents a chance for a prize in a particular Lottery raffle drawing. Players win prizes by matching the number(s) on the player’s Lottery raffle ticket to the numbers drawn by the Lottery during the Lottery raffle drawing.

(2) Prizes: The prizes and the prize structure for each Lottery raffle are determined by the Lottery and will be posted on the Lottery’s Website at www.oregonlottery.org while the Lottery raffle tickets for a particular Lottery raffle are being sold. The odds of winning a prize will vary depending on the number of Lottery raffle tickets sold for the particular Lottery raffle. The Lottery may advertise the prize structure by any reasonable means. All prizes will be awarded regardless of the number of Lottery raffle tickets sold unless the Lottery raffle drawing is suspended by the Lottery Director in accordance with OAR 177-046-0140.

(3) Determination of Winners: A player wins a prize in a Lottery raffle game when during a raffle drawing the Lottery selects the unique sequential identifying number on the player’s Lottery raffle ticket as a winning number for a prize.

(4) Sales Location: A Lottery raffle ticket may only be sold by and purchased from a Lottery retailer authorized to sell Lottery raffle tickets, or a Lottery sales location.

(5) Ticket Price: The price of a Lottery raffle ticket will be set by the Lottery for each Lottery raffle drawing held by the Lottery. A player may purchase more than one Lottery raffle ticket. A Lottery raffle ticket may represent a single play or multiple plays at the Lottery’s discretion. If the Lottery raffle ticket represents multiple plays, each play will have a unique sequential identifying number printed on the Lottery raffle ticket.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240, 461.250 & 461.260
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Or. Admin. R. 177-069-0010 Ticket Purchase, Characteristics, and Restrictions

(1) Availability of Lottery Raffle Tickets: The Lottery may periodically announce the availability of Lottery raffle tickets which will be available for limited sales periods. A Lottery raffle ticket may then be purchased during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours of operation. When all the Lottery raffle tickets are sold for a particular Lottery raffle game, no more tickets will be available for purchase for that Lottery raffle game. The Lottery will close sales of Lottery raffle tickets at a date and time determined by the Lottery. The Lottery may extend this date at its discretion. If the Lottery extends the sales date, it may advertise that fact by any reasonable means.

(2) Ticket Purchase: A Lottery raffle ticket may be purchased either from a clerk-operated Draw game terminal or from a player-operated Draw game terminal.

(a) Clerk-Operated Terminal: A player may purchase a Lottery raffle ticket from a clerk-operated terminal by requesting that the clerk use the clerk-operated terminal to issue a Lottery raffle ticket(s). Upon payment of the price of the ticket(s) to the clerk, the clerk will use the terminal to issue the requested number of Lottery raffle tickets purchased by the player.

(b) Player-Operated Terminal: A player may purchase a Lottery raffle ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal and inserting payment for the ticket(s). Upon payment for the ticket(s), the terminal will issue the number of Lottery raffle tickets purchased by the player.

(3) Ticket Sales: Lottery raffle tickets are sold in numerical order. A player does not select the unique identifying number(s) on the Lottery raffle ticket. A player purchasing a Lottery raffle ticket through a Draw game terminal will be issued the next sequentially available number determined by the Lottery’s central computer system.

(4) Player’s Risk: The purchase of a Lottery raffle ticket is done at the player’s own risk either through the Lottery retailer who is acting on behalf of the player in entering the player’s request to purchase a Lottery raffle ticket, or the player’s purchase of a Lottery raffle ticket by operation of a player-operated terminal.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240, 461.250 & 461.260
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Or. Admin. R. 177-069-0020 Cancellation of Lottery Raffle Tickets

A Lottery raffle ticket once issued cannot be cancelled by a player or a retailer.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240, 461.250 & 461.260
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Or. Admin. R. 177-069-0030 Lottery Raffle Drawing

(1) General: A Lottery raffle drawing will be held at such date, time, place, and in such manner as is determined by the Lottery. A Lottery raffle drawing will be conducted only after sales for the particular Lottery raffle game are closed. During each drawing for each available prize, the Lottery will randomly select a Lottery raffle ticket number(s) as a winner from all the tickets sold for that drawing. Selection of a ticket’s number as a winning number removes that number from selection in the Lottery raffle drawing for any other remaining prize(s). An unsold Lottery raffle ticket number is not eligible for selection as a winning ticket number. To select a winning Lottery raffle ticket number(s), Lottery personnel, or their authorized agents, may conduct a manual or electronic drawing, or may use any other selection procedure as determined by the Lottery that ensures a random selection of a winning Lottery raffle ticket number(s) for the prize(s) in the particular Lottery raffle game.

(2) Official Drawing Results: For each Lottery raffle drawing, the winning raffle ticket numbers drawn by the Lottery become official and final when both of the following events have occurred:

(a) The winning raffle ticket numbers are entered into the Lottery’s central computer system for the purpose of validating winning raffle tickets for that Lottery raffle drawing, and;

(b) The winning raffle ticket numbers for that Lottery raffle drawing have been announced to the public. The Lottery will determine in what manner and at what time the winning raffle ticket numbers are announced.

(3) Retroactive Application: It is the Lottery’s intent that section (2) of this rule apply retroactively to Lottery raffle drawings beginning March 1, 2009.

(4) Suspension of Play: If all available tickets for a Lottery raffle game are not sold before purchases are disabled prior to the scheduled drawing time, the Lottery may suspend the Lottery raffle drawing in accordance with OAR 177-046-0140. The Lottery will advertise the suspension of a Lottery raffle drawing by any reasonable means. At the discretion of the Director, the Lottery may hold a replacement Lottery raffle drawing, or provide a refund for each Lottery raffle ticket purchased and which is presented to the Lottery or a Lottery retailer by a player. Submission of the Lottery raffle ticket is the sole method for claiming a refund under this section.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240, 461.250 & 461.260
LOTT 5-2009, f. 8-26-09, cert. ef. 9-1-09
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Or. Admin. R. 177-069-0040 Ticket Validation Requirements

(1) General: For a Lottery raffle ticket to be valid and eligible to receive prize payment, the ticket must be validated in accordance with the provisions of OAR chapter 177, including but not limited to 177-070-0035. A Lottery raffle ticket may be validated only after the winning raffle ticket numbers for a Lottery raffle drawing become official as provided in 177-069-0030(2).

(2) Claiming a Prize: A Lottery raffle ticket is the only proof of a game play and the submission of a winning Lottery raffle ticket to the Lottery is the sole method of claiming a prize.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240, 461.250 & 461.260
LOTT 5-2009, f. 8-26-09, cert. ef. 9-1-09
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Or. Admin. R. 177-069-0050 Prizes

(1) General: A prize for a winning Lottery raffle ticket is determined by the selection of that ticket’s unique sequential identifying number as a winning number for a prize in the Lottery raffle drawing for which the Lottery raffle ticket is purchased.

(2) Payment: Except as provided herein, Lottery raffle prizes must be claimed and will be paid in accordance with OAR 177-046-0110. All Lottery raffle prizes consisting of money will be paid in a lump sum.

(3) Time Limit: A prize for a winning raffle ticket must be claimed within one year after the winning raffle ticket numbers for the Lottery raffle drawing for which the ticket was purchased become official as provided in OAR 177-069-0030(2).

(4) Lottery’s Determination: The Director’s decision regarding the determination of whether a Lottery raffle ticket is a winning ticket, or the determination of the rightful owner or owners of a prize, or of any other dispute or matter arising from payment or awarding of prizes, is final and binding on all parties.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.240 & 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2009, f. 8-26-09, cert. ef. 9-1-09
LOTT 10-2008, f. 11-21-08, cert. ef. 12-1-08

Division 70 DRAW GAMES

Or. Admin. R. 177-070-0005 Definitions

For the purposes of division 70, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Drawing” means the procedure whereby the Lottery, or a drawing agent, selects the winning combination in accordance with the rules of the game.

(2) “Drawing agent” means a Lottery vendor or other designee who, subject to the approval of the Director, is designated by the Assistant Director of Security to conduct drawings on behalf of the Lottery.

(3) “Draw game” means a lottery game, other than Video LotterySM games, in which through a Draw game terminal, the player or the Draw game terminal selects a combination of numbers, events or symbols, the player selects the type of game and amount of play, and the drawing date(s), or the player purchases a Lottery Raffle ticket. Draw games are those Lottery games specified in OAR 177-010-0003(24)(b) through (m) and any other Lottery game designated by the Lottery Commission as a Draw game. Unless the context or a specially applicable definition indicates otherwise, any reference to an “On Line game” in OAR chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “Draw game” as defined in this section.

(4) “Draw game retailer” means a person or business authorized by the Lottery to sell Draw game tickets.

(5) “Draw game terminal (DGT)” means the computer hardware by which:

(a) A Draw game retailer or player enters the combination of numbers, events, or symbols selected by the player, or

(b) A combination of numbers, events, or symbols is randomly selected for the player, or

(d) Draw game tickets are generated and claims are validated.

(6) “Draw game ticket” means a computer-generated ticket issued by a Draw game terminal to a player as a receipt for the combination a player or the terminal has selected, or a Lottery Raffle ticket. This ticket is the only acceptable evidence of the combination of numbers, events, or symbols selected, or of the unique sequential numbers on a Lottery Raffle game ticket.

(7) “Play slip” means a card used in selecting and marking a player’s game plays which may then be inserted into a terminal’s play slip reader.

(8) “Validation” means the process of determining whether a Draw game ticket presented for payment is a winning ticket.

(9) “Winning combination” means the one or more numbers or symbols randomly selected by the Lottery in a drawing.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.010
LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13
LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 26-2002, f. & cert. ef. 11-25-02
LOTT 15-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 6-1993, f. & cert. ef. 7-2-93
LC 3-1992, f. & cert. ef. 4-27-92
SLC 5-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-070-0016 Draw Game Results

(1) General: As a convenience to Lottery players and the public, the Lottery may publicize Draw game results in any manner the Director determines is appropriate.

(2) Disclaimer: Draw game results which are publicized for the convenience of Lottery players and the public are not the official results of a drawing and will not be used to determine a winning ticket. A Draw game ticket is not a winning ticket until it is presented to the Lottery or to a Lottery retailer and is validated as a winning ticket through the Lottery’s central computer system in accordance with the provisions of OAR chapter 177.

History

Statutory/Other Authority: ORS 461, OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.300 & 461.200
LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11

Or. Admin. R. 177-070-0025 Payment of Prizes

(1) Prizes of $600 or Less: Prizes of $600 or less from winning Draw games may be paid by a retailer or directly by the Lottery as provided in OAR 177-046-0110.

(2) Prizes Greater than $600: Prizes greater than $600 may not be paid by a Lottery retailer. A player must claim a winning Draw game prize of more than $600 by presenting the ticket to the Lottery as provided in OAR 177-046-0110.

(3) Payment Method: Upon validation of a winning ticket, the Lottery shall pay the amount due. The amount due shall be calculated according to the rules adopted for the particular Draw game. If the ticket is determined to be a non-winning ticket or invalid, the claim shall be denied and the claimant notified. A non-winning ticket or share will only be returned to the claimant if the claimant provides return postage and a self-addressed envelope or mailing container in which to return the ticket or share.

(a) When a prize payment is authorized by the Director under OAR 177-070-0035(4), the prize payment shall be validated through the Lottery’s central computer system on the last day of the eligible prize claim period. If the prize claim period expires on a day when the Oregon Lottery Headquarters is not processing claims, such as a weekend, Lottery holiday, furlough closure day, or unforeseen circumstance, the claim period shall be extended until 5:00 p.m. on the next day the Oregon Lottery is processing claims. Following validation, the Lottery shall issue the prize payment in the usual course of Lottery business.

(b) Prize payments made under this subsection shall be restricted to the prize amount under the prize structure for the Draw game in which the ticket was purchased.

(4) Last Date to Claim a Prize: The last date to claim a prize is one calendar year from the date the drawing results become official and final, unless the Lottery Commission defines a shorter time period to claim a prize in a particular Draw game. A prize must be claimed by 5:00 p.m. on the last date to claim a prize and if not claimed by that date is an unclaimed prize. If the final date of the claim period falls on a day when the Lottery Headquarters or Lottery Branch is not processing claims, such as a weekend, Lottery holiday, furlough closure day, or unforeseen circumstance, the claim period shall be extended until 5:00 p.m. on the next day the Lottery Headquarters or Lottery Branch is processing claims.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4)(a), ORS 461.120, 461.210, 461.230, 461.250, 461.715 & 461.719
Statutes/Other Implemented: OR Const. Art. XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.560, 461.715 & 461.719
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 2-2010, f. 1-29-10, cert. ef. 2-1-10
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 26-2002, f. & cert. ef. 11-25-02
LOTT 15-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 7-2000, f. & cert. ef. 10-4-00
LOTT 4-2000(Temp), f. 6-15-00, cert. ef. 6-15-00 thru 12-12-00
LC 7-1995, f. & cert. ef. 7-7-95
LC 4-1995, f. 4-27-95, cert. ef. 5-1-95
LC 6-1993, f. & cert. ef. 7-2-93
LC 4-1990, f. & cert. ef. 4-3-90
LC 20-1987, f. 10-26-87, ef. 11-2-87
SLC 5-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-070-0035 Validation Requirements

(1) General: To be a valid winning Draw game ticket, except as otherwise provided for lost, damaged, or destroyed tickets, all of the following conditions must be met:

(a) The ticket data must have been recorded in the Lottery’s central computer system prior to the drawing and the information appearing on the ticket must correspond with the computer record;

(b) The ticket must be intact to the extent that all information appearing on the ticket corresponds with the Lottery’s computer records;

(d) The ticket must not be counterfeit or a duplicate of another winning ticket;

(e) The ticket must have been issued by an authorized Draw game retailer or dispensed by a player-activated terminal in an authorized manner;

(f) The ticket must not have been stolen or canceled;

(g) The ticket must not have been previously paid;

(h) The ticket is subject to all other confidential security checks of the Lottery.

(2) Ticket as Receipt: Except as otherwise provided for lost, damaged or destroyed tickets, a ticket is the only valid receipt for claiming a prize. A copy of a ticket or a play slip has no pecuniary or prize value and does not constitute evidence of ticket purchase or of numbers selected.

(3) Validation Process: A ticket shall be validated through the Lottery’s computer system.

(4) Validation of Lost, Damaged, or Destroyed Tickets for Draw Game Prizes: If a player of a Draw game cannot submit an intact winning ticket because a retailer lost, damaged, or destroyed the ticket while attempting to perform validation procedures on the game ticket, or because the ticket was otherwise damaged so that it cannot be validated through Lottery's central computer system or because it is otherwise unreadable, a prize claim based on such lost, damaged or destroyed ticket may still be validated as provided in OAR 177-046-0110 and provided the claim is received before the end of the one-year period described in OAR 177-70-0025.

(5) Invalid Tickets: Any ticket not passing all applicable validation checks is invalid and void for claims made under this rule. A player submitting an invalid or void ticket is ineligible for any prize and no prize shall be paid for such a ticket. An invalid ticket will not be returned to the player and is not eligible for any second chance or promotional drawing.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 26-2002, f. & cert. ef. 11-25-02
LOTT 15-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 7-2000, f. & cert. ef. 10-4-00
LOTT 4-2000(Temp), f. 6-15-00, cert. ef. 6-15-00 thru 12-12-00
LC 1-1997, f. 1-31-97, cert. ef. 2-1-97
LC 6-1996, f. 5-30-96, cert. ef. 6-1-96
LC 6-1991, f. & cert. ef. 9-25-91
LC 4-1990, f. & cert. ef. 4-3-90
SLC 5-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-070-0080 Unauthorized Use of Play Slips

General: A person shall not insert into a Draw game terminal’s play slip reader any material that is not a play slip printed and approved for use by the Oregon Lottery, including but not limited to facsimiles or copies of play slips. No device shall be connected to a Lottery terminal to enter plays, except as may be approved by the Lottery.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 5-2016, f. 7-29-16, cert. ef. 8-1-16
LOTT 1-2016(Temp), f. & cert. ef. 2-22-16 thru 8-18-16
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 26-2002, f. & cert. ef. 11-25-02
LOTT 15-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 6-1992, f. & cert. ef. 6-23-92

Division 75 MEGABUCKS GAME RULES

Or. Admin. R. 177-075-0000 Definitions

For purposes of the Oregon Megabucks game (sometimes referred to as “Oregon’s Game Megabucks”, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Grand prize pool” means the amount of money required to fund an advertised Grand prize. The Megabucks Grand prize may also sometimes be referred to as the Megabucks Jackpot prize.

(2) “Exchange ticket” means a computer-generated, printed paper issued by a terminal to replace a Megabucks game ticket that had been purchased for play in consecutive Megabucks Lotto games and was validated as a winning ticket before the latest drawing appearing on the game ticket. An exchange ticket shall contain the exact game play and future drawing date(s) appearing on the validated game ticket it is replacing and shall have all other characteristics of a game ticket except as otherwise stated in these rules. An exchange ticket shall not contain a ticket price.

(3) “Game board” or “boards” means that area of the Megabucks play slip which contains 48 squares numbered 1 through 48.

(4) “Game ticket” or “ticket” means a Megabucks ticket produced by a terminal, which contains the caption “Megabucks”, two or more lettered game plays each of which has six numbers from 1 through 48 followed by the drawing date, the price of the ticket, a retailer number, and a serial number.

(5) “Kicker” means the play option whereby a player, by paying an additional one dollar for each dollar wagered on Megabucks, is entitled to receive larger prizes for matching three of six, four of six, or five of six numbers.

(6) “Lotto” means a lottery game wherein a player selects a group of numbers, usually six, out of a larger predetermined set of numbers.

(7) “Play” or “game play” means the six different numbers from 1 through 48 which appear on a Megabucks ticket as a single lettered selection and are to be played by a player in a game.

(8) “Privileged terminal” means a terminal authorized to validate prizes over $600.00.

(9) “Quick pick” means the random selection by a terminal of six different numbers from 1 through 48 which appear on a Megabucks ticket and are to be played by a player in the Megabucks game.

(10) “Play slip” or “Game slip” means a card used in marking a player’s game plays. For this purpose, each play slip has ten game boards. Each game board is lettered with one letter from A through J and, when used to purchase a game play, corresponds to the numbers selected and printed on the ticket. An even number of boards, i.e., two, four, six, eight, or ten must be selected on each slip.

(11) “Random number generator” means a computer-driven electronic device capable of producing numbers at random.

(12) “Draw game terminal” or “Terminal” has the meaning set forth in OAR 177-070-0005(4).

(13) “Winning numbers” means the six numbers between 1 and 48, randomly selected at each drawing, which shall be used to determine winning plays contained on a Megabucks game ticket.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461.120(2)
Statutes/Other Implemented: OR Const. Art. XV, Sec. 4(4) & ORS 461.250
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LOTT 7-1999, f. 5-27-99, cert. ef. 5-30-99
LOTT 8-1998(Temp), f. & cert. ef. 12-16-98 thru 6-11-99
LC 3-1995, f. & cert. ef. 4-27-95
LC 3-1994, f. 2-24-94, cert. ef. 3-1-94
LC 6-1993, f. & cert. ef. 7-2-93
LC 9-1990, f. 7-20-90, cert. ef. 8-5-90
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
SLC 12-1986, f. 5-28-86, ef. 6-1-86
SLC 6-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-075-0005 Price

Game plays on a Megabucks tickets sell for $0.50 each with the minimum wager being two plays for $1. All plays must be made in $1 increments, hence only an even number of selections may be made, up to a maximum of ten selections for $5.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.240
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LC 6-1992, f. & cert. ef. 6-23-92
SLC 12-1986, f. 5-28-86, ef. 6-1-86
SL 6-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-075-0010 Ticket Purchase, Characteristics, and Restrictions

(1) General: Oregon Megabucks is a pari-mutuel 6 of 48 lotto game. A player must select an even number set of six different numbers, between 1 and 48, for input into a terminal. Megabucks tickets can be purchased either from a terminal operated by a retailer (i.e., a clerk-activated terminal) or from a terminal operated by the player (i.e., a player-activated terminal). If purchased from a retailer, the player may select each set by marking six numbered squares in any one game board on a play slip and submitting the play slip to the retailer, or by requesting “Quick pick” from the retailer. The retailer will then issue a Megabucks ticket, via the terminal, containing the selected even number set or sets of numbers, each of which constitutes a game play. Tickets can also be purchased from a player-activated terminal by use of a touch screen or by inserting a play slip into the machine. A ticket can contain up to ten game plays lettered A through J. A player may purchase a ticket or tickets for future consecutive Megabucks drawings up to the maximum permitted by the Lottery.

(2) Kicker Option: The player must also choose whether to play “Kicker” when purchasing a Megabucks ticket. The Kicker awards larger prizes for correctly selecting three of six, four of six, and five of six numbers.

(3) Non-Cancellation: A Megabucks ticket may not be voided or cancelled by returning the ticket to the retailer, including tickets that are printed in error or purchased for a future consecutive drawing. The placing of plays is done at the player’s own risk. The Lottery retailer acts on behalf of the player in entering the player’s plays

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LC 3-1995, f. & cert. ef. 4-27-95
LC 6-1993, f. & cert. e.f 7-2-93
LC 2-1991, f. & cert. ef. 7-24-91
LC 9-1990, f. 7-20-90, cert. ef. 8-5-90
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
LC 16-1988, f. & cert. ef. 6-2-88
SLC 12-1986, f. 5-28-86, cert. ef. 6-1-86
SLC 6-1986, f. & cert. ef. 3-5-86
SLC 11-1985(Temp), f. & cert. ef. 10-24-85

Or. Admin. R. 177-075-0015 Drawings

(1) Time: Megabucks drawings normally take place every Monday, Wednesday, and Saturday at approximately 7:29 PM or at any other times as determined by the Director.

(2) Selection: The objective of a drawing is to randomly select six winning numbers between 1 and 48. Drawings may be conducted with the aid of mechanical drawing equipment or a random number generator or other such devices as the Director may determine.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.230
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LC 6-1993, f. & cert. ef. 7-2-93
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
SLC 12-1986, f. 5-28-86, ef. 6-1-86
SLC 6-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-075-0020 Determination of Prize Winners

(1) General: Prizes shall be determined and awarded on the following basis: [Table not included. See ED. NOTE.]

(2) Grand Prize: A Grand prize of less than $100,000 will be paid in a lump sum. A Grand prize with a value of $100,000 and more will be paid in the form of the prevailing maximum acceptable annuity which can be purchased with the Grand prize pool. The annuity will provide for 30 equal periodic payments, the first immediately and the other 29 annually on the anniversary date (or the first regular business day thereafter) of the applicable Megabucks drawing.

(3) Match 5 of 6, 4 of 6, and 3 of 6 Prizes: Match 5 of 6 and 4 of 6 prize winners will be paid in a lump sum. Match 3 of 6 prize winners with a Kicker game play will be paid in a lump sum. Match 3 of 6 prize winners who did not select a Kicker game play on the winning ticket shall receive a free Megabucks ticket valued at $1.00 except when such prize is redeemed at Lottery Headquarters, or other locations designated by the Director, in which event the winner will either be paid $1.00 by check or receive a free $1 ticket.

(4) Highest Prize: Players are eligible to receive only the highest prize for each winning game play.

(5) Rounding: Notwithstanding the allocations in section (1) of this rule, shares in each prize category shall be rounded down to the nearest $0.10 and each winning game play in each prize category shall be considered to be a single unit equal to one share of that prize category. All breakage (amounts left over after rounding down) shall be carried forward to the prize pool for the next drawing.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LC 3-1995, f. & cert. ef. 4-27-95
LC 3-1994, f. 2-24-94, cert. ef. 3-1-94
LC 6-1993, f. & cert. ef. 7-2-93
LC 8-1992, f. & cert. ef. 7-23-92
LC 9-1990, f. 7-20-90, cert. ef. 8-5-90
LC 4-1990, f. & cert. ef. 4-3-90
LC 19-1987, f. & ef. 9-28-87
Reverted to SLC 12-1986, f. 5-28-86, ef. 6-1-86
SLC 22-1986(Temp), f. 8-26-86, ef. 9-21-86
SLC 12-1986, f. 5-28-86, ef. 6-1-86
SLC 6-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-075-0027 Annuity Conversion Option

(1) General: Except as provided otherwise in section (6) of this rule, a Grand prize winner has the option of receiving the advertised Grand prize in a single lump sum payment consisting of one-half of the advertised Grand prize or of receiving the full value of the Grand prize paid out in equal annual installments over a period of 30 years.

(2) Presentment: A Grand prize winner shall present the winner’s ticket and completed claim form, in person, at the Lottery Headquarters, pursuant to OAR 177-046-0110 and 177-070-0025. Upon the Lottery’s determination and validation that the winner’s ticket is a winning ticket of the Grand prize, the prize winner may exercise the payment option provided in this rule.

(3) Election of Option: Within 60 days of the date of validation of the Grand prize, a winner, prior to receiving any prize payment from the Lottery, may acknowledge in writing the winner’s election to receive either the single lump sum payment or the annuitized prize payments. A winner’s election is irrevocable once the winner’s written election is received by the Lottery subject to the limited exception provided in section (5) below.

(4) Failure to Exercise Option: In the event a winner does not exercise the above option within 60 days of the validation of the Grand prize, the winner shall receive the full value of the prize paid in equal annual installments over a period of 30 years pursuant to OAR 177-075-0020(2).

(5) Last Chance Exercise of Option: A Grand prize winner who has elected the annuitized prize payment method or who has failed to make an election and is placed on the annuitized prize payment plan according to section (4) above, may be permitted at the Lottery’s sole discretion to convert to the lump sum payment provided the Lottery has not yet made any payments to the prize winner. Once the Lottery makes any payment of a Grand prize to a Grand prize winner, the choice of payment is irrevocably fixed.

(6) Multiple Winners: Unless an exception is approved, multiple winners, jointly claiming ownership of a Grand prize winning ticket in accordance with OAR 177-046-0110(5), must choose the same payment option, single lump sum payment or annuitized payments.

(7) No Obligation: A winner is under no obligation to exercise the option made available by this rule.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150 & 461.250
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.130, 461.150 & 461.250
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LOTT 7-1999, f. 5-27-99, cert. ef. 5-30-99
LOTT 8-1998(Temp), f. & cert. ef. 12-16-98 thru 6-11-99

Or. Admin. R. 177-075-0030 Ticket Validation Requirements

To be a valid Megabucks ticket and eligible to receive a prize, all the following requirements must be satisfied in addition to all other requirements contained in OAR chapter 177:

(1) Winning Game Play: Each winning game play appearing on the Megabucks ticket must be separately lettered and consist of six different numbers between one and 48.

(2) Exchange Tickets: A Megabucks game ticket containing a winning game play which was also wagered in subsequent, consecutive drawings may be validated prior to the occurrence of future drawings for which the game ticket was purchased. An exchange ticket shall be issued at the time the original game ticket is validated for the remainder of the drawings appearing on the validated game ticket. An exchange ticket shall also be issued at the time a previously issued exchange ticket is validated for the remainder of the drawings appearing on the validated exchange ticket.

(3) Multiple Winners: Claimants who share ownership interests in a winning Megabucks ticket must comply with any additional requirements for prize payment described elsewhere in OAR chapter 177 as it may be amended from time to time.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LC 4-1990, f. & cert. ef. 4-3-90
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
SLC 12-1986, f. 5-28-86, ef. 6-1-86
SLC 6-1986, f. & ef. 3-5-86
SLC 11-1985(Temp), f. & ef. 10-24-85

Or. Admin. R. 177-075-0035 Allocation of Revenues

(1) General: Approximately 70 percent of all gross sales revenues from Megabucks tickets shall be reserved for prizes and shall be allocated to the prize categories as set forth below. The prize payout percentage shall be based on the 30-year annuity value of the Grand prize. [Table not included. See ED. NOTE.]

(2) No Winners: If there are no valid winning Megabucks tickets for a specific prize category in any given drawing, all monies allocated for that prize category shall be carried forward and accumulated with the monies allocated for that prize category for the next drawing. This process shall continue until such time as there is one or more valid winning ticket(s) for the Grand prize category.

(3) Termination of Game: If the Oregon Megabucks game is terminated for any reason whatsoever, any prizes which were not won shall be reallocated by the Director. Any prizes which were won but not claimed within the specified claim period shall be forfeited and allocated to the benefit of the public purpose. The transfer shall take place at the same time the Lottery’s next scheduled transfer of proceeds is made.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 27-2002, f. & cert. ef. 11-25-02
LOTT 16-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
Administrative Reformatting 11-30-97
LC 3-1995, f. & cert. ef. 4-27-95
LC 2-1993, f. & cert. ef. 2-25-93
LC 12-1992, f. cert. ef. 9-28-92
LC 9-1990, f. 7-20-90, cert. ef. 8-5-90
LC 4-1990, f. & cert. ef. 4-3-90
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 17-1989(Temp), f. & cert. ef. 9-29-89
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
LC 19-1987, f. & ef. 9-28-87
SLC 22-1986(Temp), f. 8-26-86, ef. 9-21-86
SLC 12-1986, f. 5-28-86, cert. ef. 6-1-86
SLC 6-1986, f. & cert. ef. 3-5-86
SLC 11-1985(Temp), f. & cert. ef. 10-24-85

Or. Admin. R. 177-075-0040 Probability of Winning

(1) General: The following tables set forth the probability of winning and the probable distribution of winners in and among each prize category, based upon the total number of possible combinations of six drawn from a field of 48 numbers. [Table not included. See ED. NOTE.]

(2) Supplemental: If there is no Megabucks prize winner for the match 5 of 6 and 4 of 6 prize categories, the Megabucks Plus Kicker match 5 of 6 prize shall be $3200 and the Megabucks Plus Kicker match 4 of 6 prize shall be $160.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 1-2015, f. 9-25-15, cert. ef. 10-4-15
LOTT 6-2013, f. 11-25-13, cert. ef. 12-1-13
LOTT 3-2013(Temp), f. & cert. ef. 8-29-13 thru 2-14-13
LOTT 11-2001, f. & cert. ef. 8-7-01
LOTT 8-2001(Temp), f. & cert. ef. 5-18-01 thru 11-9-01
LC 3-1995, f. & cert. ef. 4-27-95
LC 2-1993, f. & cert. ef. 2-25-93
LC 13-1990, f. & cert. ef. 11-1-90
LC 10-1990(Temp), f. & cert. ef. 8-21-90
LC 9-1990, f. 7-20-90, cert. ef. 8-5-90
LC 11-1989, f. & cert. ef. 7-6-89
LC 10-1989(Temp), f. 4-25-89, cert. ef. 4-30-89
SLC 12-1986, f. 5-28-86, cert. ef. 6-1-86
SLC 6-1986, f. & cert. ef. 3-5-86
SLC 11-1985(Temp), f. & cert. ef. 10-24-85

Division 81 PICK 4

Or. Admin. R. 177-081-0000 Definitions

For the purposes of division 81, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Exchange ticket” means a computer-generated, printed paper issued by a terminal to replace a game ticket that had been purchased for play in consecutive Pick 4 drawings and was validated as a winning ticket before the latest drawing appearing on the game ticket. An exchange ticket shall contain the exact game play and future drawing date(s) appearing on the validated game ticket it is replacing and shall have all other characteristics of a game ticket except as otherwise stated in these rules. An exchange ticket shall not contain a ticket price.

(2) “Easy 4 combo” means a specific match choice option as described in OAR 177-081-0080(1) in which there are six possible ways to match two to four numbers in exact order.

(3) “Game play” means the number or group of numbers and the order in which they occur appearing on a ticket for a particular drawing which shall be compared to the winning numbers and the order of the winning numbers, selected at the drawing(s) appearing on the ticket, to determine any prize payment for which the ticket may be redeemed.

(4) “Match Choice” means one or more of the seven Pick 4 game play selections offered by the Lottery as described in OAR 177-081-0080(1). The Match Choice options include the following:

(a) Option A — All four game play numbers match the Lottery’s numbers in the exact order;

(b) Option B — All four game play numbers match the Lottery’s numbers in any order;

(d) Option D — First three game play numbers match the Lottery’s numbers in the exact order;

(e) Option E — Last three game play numbers match the Lottery’s numbers in exact order;

(f) Option F — First three game play numbers match the Lottery’s numbers in any order; and

(g) Option G — Last three game play numbers match the Lottery’s numbers in any order.

(5) “Quick Pick” means the random selection of numbers by a terminal which appear as the game play on a ticket.

(6) “Draw game terminal” or “Terminal” has the meaning set forth in OAR 177-070-0005(4).

(7) “Winning numbers” means the four single-digit numbers, each from zero to nine, and the order in which they occur, that are selected at each drawing that is used to determine winning game plays contained on the game tickets.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0010 Game Description

(1) General: Pick 4 is a game based on four-digit numbers in which a player selects:

(a) A single number from each of four columns of single-digit numbers from zero to nine. The player has the option of selecting a Quick Pick or choosing his or her own number selections;

(b) One or more Match Choices from the seven possible Match Choice options; and

(2) Sequence of Numbers: The player’s four number selections form a specific four-digit number sequence from left to right. The player’s number selections and subsequent Match Choices which match the winning numbers and the order of the winning numbers in accordance with OAR 177-081-0080(1) selected at the drawing(s) on the date(s) indicated on the player’s ticket determine any prize amount won.

(3) Place of Purchase: A Pick 4 Ticket may only be sold by and purchased from a Lottery retailer authorized to sell Pick 4 tickets, or a Lottery sales location.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0020 Price

The price of a ticket shall be determined by the amount of money a player chooses to wager on the game play selected, multiplied by the number of drawings in which the ticket will be played.

(1) Price — Clerk-Operated Terminal: The price of a ticket for a single drawing purchased through a clerk-operated terminal shall range from a minimum of $1.00 to a maximum of $7.00 in $.50 increments.

(2) Price — Player-Operated Terminal: The price of a ticket for a single drawing purchased through a player-operated terminal shall range from a minimum of $1.00 to a maximum of $7.00 in $1.00 increments. When a player requests a Quick Pick from a player-operated terminal the only wager possible is $1.00.

(3) Tickets for Multiple Drawings: A player may purchase a ticket for a single drawing or for future consecutive drawings up to the maximum permitted by the Lottery. The price of a ticket is determined by multiplying the number of drawings in which the ticket will be played by the total wager for each drawing. The minimum ticket price for a ticket containing consecutive drawings is $2.00 ($1 x 2 consecutive drawings = $2). A game slip indicating a price of less than $1.00 or a price greater than that permitted by the Lottery shall be automatically rejected by the terminal.

(4) Whole Dollar Amounts: Notwithstanding sections (1) through (3) of this rule, the price of a ticket for consecutive drawings purchased through a player-operated terminal must be in whole dollar amounts. For example, a $1.50 wager placed for two consecutive drawings is permitted because it equals a $3.00 total game play wager. A $1.50 wager placed for three consecutive drawings is not permitted because it equals a $4.50 total game play wager.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461.250
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0030 Ticket Purchase, Characteristics, and Restrictions

(1) General: Pick 4 tickets may be purchased everyday of the year during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours of operation.

(a) Complete a game slip for input into a clerk-operated terminal or player-operated terminal;

(b) Request a Quick Pick or manual numbers selection from a clerk; or

(3) Completing a Game Slip:

(a) A player must choose a game play by one of two methods:

(A) A player must select four numbers, one each from four columns of numbers from zero to nine on the game slip; or

(B) The player may select the Quick Pick option.

(b) A player must also complete the selection of the Match Choice option(s) on the game slip.

(4) Purchasing a Ticket from a Clerk-Operated Terminal:

(a) After the player completes a game slip and submits it along with the price of the ticket to the clerk, the clerk shall use the terminal to issue a ticket to the player.

(b) Alternately, the player may request that a clerk, without using a game slip, electronically submit a player’s game play request through the terminal for a Quick Pick number selection or manually enter the player’s four numbers, and request game play for a single drawing or consecutive drawings. A wager submitted by a clerk through the terminal without a game slip can only be made on the Easy 4 Combo Match Choice.

(5) Purchasing a Ticket from a Player-Operated Terminal: A player may purchase a ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal. Once the player has completed the game slip and inserted it and paid the price of the ticket into the terminal, the terminal will issue a ticket to the player. The player may also request a Quick Pick without using a game slip by using the player-operated terminal. A player requesting a Quick Pick from a player-operated terminal without using a game slip must play the Easy 4 Combo Match Choice and the number of consecutive drawings to be played.

(6) Ticket Restrictions: A player cannot place an “All 4 in Any Order” wager when all 4 numbers are the same, a “First 3 in Any Order” wager when all 3 numbers are the same, or a “Last 3 in Any Order” wager when all 3 numbers are the same. Any of the aforementioned shall be automatically rejected by the terminal.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0040 Cancellation of Tickets

A player may cancel a Pick 4 ticket for a single drawing or consecutive drawings. To cancel a ticket, a player must follow the procedure in OAR 177-046-0060.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0050 Drawings

Effective February 11, 2002, drawings shall generally occur 7-days a week at 1:00 p.m., 4:00 p.m., 7:00 p.m. and 10:00 p.m. or as otherwise authorized by the Director. Each drawing shall randomly select a specific sequence of four numbers, each from zero to nine. The winning numbers selected at each drawing shall be generated through the use of a computer-driven random number generator.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV Sec. 4(4)
Statutes/Other Implemented: ORS 461.200
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 6-2002, f. & cert. ef. 4-29-02
LOTT 2-2002(Temp), f. 1-1-02, cert. ef. 1-11-02 thru 8-2-02
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0060 Ticket Validation Requirements

(1) For a ticket to be valid and eligible to receive prize payment, the requirements in OAR chapter 177 must be met:

(2) A game ticket containing a winning game play and purchased for play in consecutive drawings may be validated prior to the occurrence of future drawings for which the game ticket was purchased. An exchange ticket shall be issued, at the time the original game ticket is validated, for the remainder of the drawings appearing on the validated game ticket.

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Or. Admin. R. 177-081-0080 Prizes

(1) Prizes for a winning ticket are determined by the ticket’s game play and Match Choices which match the winning numbers and the Match Choice criteria established in this section. The prize structure is as follows: [Table not included. See ED. NOTE.]

(2)(a) When the potential, aggregate Pick 4 prize liability resulting from all wagers containing a particular combination of numbers reaches or first exceeds $500,000 in a single drawing, then no further wagers of that number combination shall be accepted by the Lottery gaming system for that drawing.

(b) Notwithstanding subsection (a) of this section, the Director may, when conditions so warrant as determined in the Director’s sole discretion, establish a prize liability threshold that is higher than $500,000 for a single drawing. The Director shall not raise the prize liability limit for a particular drawing once wagers have been curtailed because the prize limit has been reached for that drawing.

(3) The number of prizes for Pick 4 is not pre-determined by the Lottery. The overall prize-percentage payout for Pick 4 prizes is estimated at 60% over time, but the actual prize payout may vary from day-to-day and year-to-year, due to factors that include, but are not limited to, the number of players participating each day and the number of winning wagers.

(4) In the event of a dispute over the determination of a prize, the Lottery’s determination is controlling.

(5) Each prize-winning player will be paid in one lump sum.

(6) For each drawing, a player may have more than one winning combination on a single ticket depending on the game play and match choice selected. However, when the Easy 4 Combo Match Choice is selected the player shall receive only the highest single prize for which the player is eligible.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: OR Const. Art. XV Sec. (4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461. 220, 461.240 & 461. 250
LOTT 28-2002, f. & cert. ef. 11-25-02
LOTT 17-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 4-2001, f. & cert. ef. 4-6-01
LOTT 9-2000(Temp), f. & cert. ef. 10-9-00 thru 4-7-01
LOTT 2-2000, f. 3-31-00, cert. ef. 4-3-00

Division 83 LUCKY LINES GAME RULES

Or. Admin. R. 177-083-0000 Definitions

For the purposes of division 83, in addition to the definitions set forth in OAR 177-070-005, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Exchange ticket” means a computer-generated, printed paper issued by a terminal to replace a game ticket that had been purchased for play in consecutive Lucky Lines drawings and was validated as a winning ticket before the latest drawing appearing on the game ticket. An exchange ticket shall contain the exact game play and future drawing dates appearing on the validated game ticket it is replacing and shall have all other characteristics of a game ticket except as otherwise stated in these rules. An exchange ticket shall not contain a ticket price.

(2) “Play” or “Game play” means the eight different numbers which appear on a grid on a Lucky Lines ticket and are to be played by a player in a drawing. These eight numbers are compared to the winning numbers selected for each of the drawings appearing on the ticket.

(3) “Quick Pick” means the random selection of numbers by a terminal, which appears as the game play on a Lucky Lines ticket.

(4) “Draw game terminal” or “Terminal” has the meaning set forth in OAR 177-070-0005(4).

(5) “Winning numbers” means the eight numbers that are randomly selected by the Lottery at each drawing and which are used to determine winning game plays contained on a Lucky Lines ticket.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0010 Game Description

(1) General: Lucky Lines is a game based on a grid consisting of nine fields. There are four numbers in eight of the nine fields. The center field is a free field. To play the game, one number is selected from each of the eight fields that contain numbers. The player may select the numbers from each of the eight fields or may select the numbers using the Quick Pick option. During each drawing, the Lottery randomly selects one number from each of the eight fields as the winning numbers.

(2) Determination of Winners: A player wins by matching the player’s numbers on the grid in a straight line, either horizontally, vertically, or diagonally, to the winning numbers on the grid selected by the Lottery for that drawing. There are eight possible ways to match numbers in a straight line on each ticket.

(3) Location: A Lucky Lines ticket may only be sold by and purchased from a Lottery retailer authorized to sell Lucky Lines tickets, or a Lottery sales location.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0020 Price

(1) Ticket Price for a Single Drawing: A player may purchase a ticket for a single drawing. The price of a ticket for a single drawing is $2.

(2) Ticket Price for Consecutive Drawings: The price of a ticket for consecutive drawings is a minimum of $4 ($2.00 x 2 consecutive drawings = $4.00).

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0030 Ticket Purchase, Characteristics, and Restrictions (Lucky Lines)

(1) Hours of Purchase: Lucky LinesSM tickets may be purchased everyday of the year during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours of operation.

(2) Ticket Purchase: Tickets may be purchased either from a clerk-operated terminal or from a player-operated terminal. To play Lucky LinesSM, a player must:

(a) Complete a play slip for input into a clerk-operated terminal or player-operated terminal; or

(b) Request a Quick Pick from a clerk or by using a player-operated terminal; and

(3) Play Slip: Completing a play slip:

(a) A player must choose a game play by one of two methods:

(A) A player must select one number out of a group of four numbers in each of the eight fields; or

(B) The player may select the numbers using the Quick Pick option.

(b) A player must indicate if the game play is for consecutive drawings.

(4) Clerk-Operated Terminal: Purchasing a ticket from a clerk-operated terminal:

(a) The player may complete a game slip and submit it with the price of the ticket to the clerk. The clerk will use the terminal to issue a ticket to the player with the player’s game plays; or

(b) Without using a game slip, the player may request that a clerk electronically use the terminal’s Quick Pick number selection. Upon payment of the price of the ticket to the clerk, the clerk will use the terminal to issue a ticket to the player with the player’s Quick Pick game plays.

(c) The placing of game plays is done at the player’s own risk. The Lottery retailer acts on behalf of the player in entering the player’s plays.

(5) Player-Operated Terminal: A player may purchase a ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal either by:

(a) Completing a game slip, inserting it into the terminal, and paying the price of the ticket into the terminal. The terminal will issue a ticket to the player with the player’s game plays; or

(b) The player may use the terminal’s Quick Pick number selection without using a game slip by following the instructions appearing on the terminal screen and paying the price of the ticket. The terminal will issue a ticket to the player with the player’s Quick Pick game plays.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & § 4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0040 Cancellation of Tickets

(1) General: A player may cancel a Lucky LinesSM ticket for a single drawing or consecutive drawings. To cancel a ticket, a player must follow the procedure in OAR 177-046-0060.

(2) Refund: In the event that a ticket is canceled in accordance with OAR 177-083-0040(1) and 177-046-0060, the player shall be entitled to a refund from the retailer equal to the purchase amount shown on the player’s ticket.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & § 4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0050 Drawings

Drawings will normally occur daily at approximately 6:00 p.m. or at any other time as determined by the Director. Each drawing shall randomly select numbers from each of the four number choices in each of the eight fields. The winning numbers selected at each drawing shall be generated through the use of a computer-driven random number generator.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0060 Ticket Validation Requirements

(1) General: A Lucky Lines ticket must meet the requirements in OAR chapter 177 to be valid and eligible to receive prize payment.

(2) Validation of Consecutive Play Tickets: A game ticket containing a winning game play and purchased for play in consecutive drawings may be validated prior to the occurrence of future drawings for which the game ticket was purchased. At the time the original game ticket is validated, an exchange ticket shall be issued for the remainder of the drawings appearing on the validated game ticket.

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Or. Admin. R. 177-083-0070 Prizes

(1) Prize Structure: Prizes for a winning ticket are determined by the ticket’s game play that matches the winning numbers and the criteria established in this section. The prize structure is as follows: [Table not included. See ED. NOTE.]

(2) Jackpot Prize: The jackpot prize is a rolling jackpot, and it is paid on a parimutuel basis. The jackpot prize starts at a minimum of $10,000 and if it is not won in the daily drawing, it will increase by approximately $1,000 for each consecutive drawing. If the jackpot prize is won, it will return to a minimum of $10,000.

(3) Estimation: The number of prizes for Lucky Lines is not pre-determined by the Lottery. The overall prize-percentage payout for Lucky Lines prizes is estimated at 60.95% over time, but the actual prize payout may vary from day-to-day and year-to-year, due to factors that include, but are not limited to, the number of players participating each day and the number of winning wagers.

(4) Lottery’s Determination: In the event of a dispute over the determination of a prize, the Lottery’s determination is controlling.

(5) Prize payments: Prizes will be paid in accordance with OAR 177-046-0110.

(6) Lump Sum Distribution: Each prize-winning player will be paid in one lump sum.

(7) Limits on Prizes: For each drawing, a player may have more than one winning combination on a single ticket for each game play. However, the player shall receive only the highest single prize for which the player is eligible.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 461 & OR Const., Art. XV & §4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 4-2006, f. 3-23-06, cert. ef. 4-9-06

Division 84 CASH POP

Or. Admin. R. 177-084-0000 Purpose

The purpose of these rules is to authorize the Oregon State Lottery game, Cash Pop.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0005 Definitions

(1) “Game play” means the number or group of numbers appearing on a ticket which is compared to the winning numbers, selected at the drawings appearing on the ticket, to determine the prize payment for which the ticket may be redeemed.

(2) “Game slip” or “play slip” means a paper form used by a player to select a game play, that indicates the amount the player will play on the ticket containing the game play. Only one game play may be marked on each game slip.

(3) “Game ticket” or “ticket” means a computer-generated, printed paper issued by a terminal as a receipt for the game play selected by a player and which contains the following: the caption “Cash Pop,” one or more number plays, the dollar amount per play, the price of the ticket, the number selected from 1 through 15 followed by the drawing date, the time, a retailer number, and a serial number.

(4) “Quick Pick” means the random selection of one number by a terminal that appear as the game play on a ticket.

(5) “Random number generator” means a computer-driven electronic device capable of producing numbers at random.

(6) “Winning numbers” means the one number between 1 and 15, randomly selected at each drawing, which shall be used to determine winning plays contained on a Cash Pop game ticket.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0010 Game Description

Cash Pop is a one of 15 Lottery game with set prize amounts. For each drawing, a player may choose to play from one to 15 numbers. At the time of purchase, a prize amount is randomly assigned to the player’s ticket and appears underneath the player’s number or numbers that are selected. The Lottery then randomly selects one winning number from one to 15 in a drawing. The Lottery awards prizes based on the extent to which the game play appearing on a player’s ticket matches the winning number selected in the drawing for which the player’s ticket was purchased.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0015 Price

(1) The price of a ticket is determined by the number of Cash Pop numbers, multiplied by the amount of money a player chooses to play on the game play selected, multiplied by the number of drawings in which the ticket will be played. Example: 1 number played x $2 per number x 4 consecutive drawings = $8.

(2) Cash Pop Numbers: A ticket may be purchased for one or up to 15 numbers.

(3) Dollar Amount: A ticket may be purchased for $1.00, $2.00, $5.00 or $10.00 per Cash Pop number played.

(4) Number of Drawings: A ticket may be purchased for one drawing or for multiple, consecutive drawings. A player may purchase a ticket for a single drawing or up to five drawings. Each drawing will produce a separate ticket.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0020 Ticket Purchase, Characteristics, and Restrictions

(1) General: Cash Pop tickets may be purchased every day of the year during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours.

(2) Ticket Purchase: Tickets may be purchased either from a terminal operated by a retailer, i.e., a clerk-operated terminal, or from a terminal operated by the player, i.e., a player-operated terminal. To play Cash Pop, a player must complete a game slip for insertion into a terminal, request a Quick Pick from a clerk, or request a Quick Pick using a player-operated terminal.

(3) Completing a Game Slip: A player must choose a game play by one of two methods. A player may select from one to 15 numbers contained on the game slip. Alternatively, the player may select the Quick Pick option. A player must also complete the selections on the game slip by choosing the number or numbers, amount of money to be played on the ticket per number, and the number of multiple, consecutive drawings.

(4) Purchasing a Ticket from a Clerk-Operated Terminal: After the player completes a game slip and submits it along with the price of the ticket to the clerk, the clerk shall use the terminal to issue a ticket to the player. The player may also request that a clerk, without using a game slip, electronically submit a request for a Quick Pick through the terminal with the player informing the clerk of the wager amount. The player may also request that the clerk manually enter the player’s number or numbers and inform the clerk of the wager amount and the number of drawings in which to play.

(5) Purchasing a Ticket from a Player-Operated Terminal: A player may purchase a ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal. Once the player has inserted the player’s money into the terminal, verified the player’s age, completed the game slip, and inserted it into the terminal, the terminal will issue a ticket to the player. The player may also request a Quick Pick without using a game slip by using the player-operated terminal. A player requesting a Quick Pick from a player-operated terminal without using a game slip must select the wager amount. The player may also manually enter the number or numbers, the wager amount, and the number of drawings in which to play.

(6) Non-Cancellation: A Cash Pop ticket may not be voided or cancelled by returning the ticket to the retailer, including tickets that are printed in error or purchased for a future consecutive drawing. The placing of plays is done at the player’s own risk. The Lottery retailer acts on behalf of the player in entering the player’s plays.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0025 Cash Pop Drawings

(1) General: Drawings shall take place at such times and upon such intervals as determined by the Director. Drawings shall normally take place at hourly intervals.

(2) Objective: Each drawing randomly selects one number from a possible 15 numbers that is the winning number. The winning number selected at each drawing is generated through the use of a computer-driven random number generator.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0030 Prize Claim and Ticket Validation Requirements

(1) General: For a ticket to be valid and eligible to receive prize payment, the ticket must be validated in accordance with the provisions of OAR chapter 177 including, but not limited to, OAR 177-070-0035.

(2) Claiming a Prize: Prizes must be claimed and paid in accordance with the provisions of OAR 177-070-0025 and 177-046-0110.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 316.127, 316.194, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.715 & 461.719
LOTT 1-2025, minor correction filed 01/13/2025, effective 01/13/2025
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 177-084-0035 Prizes

(1) Prizes for each drawing are determined and awarded based on how many numbers contained in a game play on a ticket match the winning number selected at that drawing. Prizes are determined separately for each wager amount.

(2) The following tables provide the prize amount; odds of receiving a prize on a ticket; odds of winning a prize; and the prize payout percent for a $1, $2, $5, and $10 wager. The overall payout percent is approximately 67.07%.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 2-2024, adopt filed 12/20/2024, effective 01/13/2025

Division 85 POWERBALL

Or. Admin. R. 177-085-0000 Purpose

These rules, OAR 177-085-0005 to 177-085-0065, establish the procedures and requirements for playing Powerball®, a lotto game operated by the Multi-State Lottery (hereinafter referred to as “MUSL”), of which the Oregon State Lottery is a member.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LC 6-1992, f. & cert. ef. 6-23-92
LC 2-1992(Temp), f. & cert. ef. 4-17-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0005 Definitions

The following definitions apply unless the context requires a different meaning.

(1) “Advertised Grand Prize” or “Advertised Jackpot Prize” means the estimated, annuitized Grand Prize amount as determined by the MUSL Central Office by use of the MUSL Annuity Factor and communicated through the selling lotteries prior to the Grand Prize drawing. The Advertised Grand Prize is not a guaranteed prize amount and the actual Grand Prize amount may vary from the advertised amount, except in circumstance where there is a guaranteed Grand Prize amount as described in OAR 177-085-0035(11).

(2) “Drawing” refers collectively to the formal draw event for randomly selecting the winning indicia that determine the number of winners for each prize level of the Powerball® game and the Power Play® multiplier. Winning indicia include the winning numbers for the Powerball® game and the Power Play® multiplier.

(3) “Game Board” or “boards” means that area of the game slip, also known as a panel, that contains sets of numbered squares to be marked by the player.

(4) “Game Ticket” or “ticket” means the physical evidence of play, printed by terminals on paper that meets the play and security data required by the Lottery, these rules, and the MUSL rules that allow redemption of a prize.

(5) “Licensee Lottery” means a state lottery or lottery of a governmental unit, political subdivision, or entity thereof that is not a Party Lottery but has agreed to comply with all applicable MUSL and Product Group requirements and has been authorized by the MUSL and by the Powerball® Product Group to sell the Powerball® game.

(6) “Lottery” means the Oregon State Lottery.

(7) “MUSL” means the Multi-State Lottery Association, a government-benefit association wholly owned and operated by the Party Lotteries.

(8) “MUSL Annuity Factor” means the annuity factor as determined by the MUSL central office through a method approved by the MUSL Finance and Audit Committee and which is used as described in these rules.

(9) “MUSL Board” means the governing body of the MUSL which is comprised of the chief executive officer of each Party Lottery.

(10) “MUSL Finance and Audit Committee” means the committee of that name established by the MUSL Board.

(11) “Party Lottery” means a state lottery or lottery of a political subdivision or entity that has joined the MUSL and is authorized to sell the Powerball® game. Unless otherwise indicated, Party Lottery or Member Lottery does not include Licensee Lotteries.

(12) “Game Play” or “play” means the six numbers, the first five from a field of sixty-nine numbers and the last one from a field of twenty-six numbers that appear on a ticket as a single lettered selection and are to be played by a player in the Powerball® game.

(13) “Play Slip or Bet Slip” means a physical or electronic means by which a player communicates their intended play selection to a retailer as defined and approved by the Lottery. A Play Slip or Bet Slip is not a ticket.

(14) “Grand Prize” or “Jackpot Prize” refers to the top prize in the Powerball® game.

(15) “Product Group” means a group of lotteries which has joined together to offer a product pursuant to the terms of the Multi-State Lottery Agreement and the Product Group’s own rules.

(16) “Quick Pick” means the random selection by the computer of indicia that appear on a ticket and are played by a player in the game.

(17) “Retailer” means a person or entity authorized by the Lottery to sell lottery tickets.

(18) “Selling Lottery” or “Participating Lottery” means a lottery authorized by the Product Group to sell Powerball® tickets, including Party Lotteries and Licensee Lotteries.

(19) “Set Prize,” also referred to as “low-tier prize,” means all prizes except the Grand Prizes, and, except in instances outlined in these Division 85 rules, will be equal to the prize amount established by the Product Group for the prize level.

(20) “Draw game terminal” or “terminal” means a device that meets all security and definitional requirements of the Lottery and MUSL Rules, and which is authorized by the Lottery to function in an on-line, interactive mode with the Lottery's computer gaming system for the purpose of issuing tickets and entering, receiving, and processing lottery transaction, including making the purchases, validating tickets, and transmitting reports.

(21) “Winning numbers” means the indicia randomly selected during a drawing event which are used to determine winning plays for the Powerball® game contained on a game ticket.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 10-2003, f. & cert. ef. 6-30-03
LOTT 4-2003(Temp), f. & cert. ef. 4-15-03 thru 10-10-03
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LOTT 2-1998, f. & cert. ef. 5-28-98
Reverted to LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 9-1997(Temp), f. & cert. ef. 11-7-97
LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 10-1996, f. & cert. ef. 9-4-96
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0010 Ticket Price

(1) A Powerball® ticket shall cost two dollars (USA $2) per play.

(2) A Powerball® ticket may only be sold by and purchased from a Lottery retailer authorized to sell Powerball® tickets, or a Lottery sales location, and only by a method which is approved by the Lottery.

(3) The Lottery shall not directly and knowingly sell a Powerball® ticket or combination of tickets to any person or entity which would guarantee said purchaser a Grand Prize win.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.240
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 6-1992, f. & cert. ef. 6-23-92
LC 2-1992(Temp), f. & cert. ef. 4-17-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0015 Powerball® Game Description

(1) General Information: Powerball® is a five out of sixty-nine numbers plus one out of twenty-six numbers lottery game, drawn every Monday, Wednesday, and Saturday as part of the Powerball® drawing event, which pays the Grand Prize, at the election of the player made in accordance with these rules or by a default election made in accordance with these rules, either on an annuitized pari-mutuel basis or as a single lump sum payment of the total funding held in the Grand Prize Pool Account for the winning drawing on a pari-mutuel basis. Except as provided in the rules, all other prizes are paid as a single lump sum payment. Powerball® winning numbers applicable to determine Powerball® prizes are determined in the Powerball® drawing event.

(2) Selection of Numbers: To play Powerball®, a player shall select (or computer pick) five different numbers, from one through sixty-nine and one additional number from one through twenty-six. The additional number may be the same as one of the first five numbers selected by the player, as long as it is from one through twenty-six.

(3) Purchase of Tickets: Tickets can be purchased for two dollars from an Oregon Lottery® approved retailer in a manner approved by the Oregon Lottery® and in accordance with these rules. A player may purchase tickets for future consecutive drawings up to the maximum permitted by the Lottery.

(4) Player’s Responsibility: It is the sole responsibility of the player to verify the accuracy of the game play or plays and other data printed on the ticket. A ticket may not be voided or canceled by returning the ticket to the retailer or to the Lottery, including tickets that are printed in error. No ticket shall be returned to the Lottery for credit. The placing of plays is done at the player’s own risk through the Lottery retailer, who when entering the play or plays is acting on behalf of the player. When the purchase of a ticket fails to complete because the ticket does not print, the player is responsible for notifying the retailer prior to the drawing(s) on the ticket to obtain a refund or a replacement ticket.

(5) Printed Plays: Plays shall be sold through an authorized retailer and shall be printed on paper that meets the security requirements of the Lottery and other requirements adopted by the MUSL Board and the Product Group.

(6) Entry of Plays: Plays may be entered as approved by the Lottery. Retailers shall not permit the use of play slips that are not approved by the Lottery. Retailers shall not permit any device to enter plays, except as allowed by the Lottery.

(7) Determination of Winning Numbers: The winning numbers for the Powerball® game shall be determined at a drawing conducted under the supervision of the MUSL Board. The MUSL Board shall determine the frequency of Powerball® game drawings. Winning numbers shall be selected at random with the aid of mechanical drawing equipment or a random number generator. The Lottery Director shall designate a Drawing Manager who shall review and randomly observe the drawings conducted by the MUSL Board. The drawing procedures shall include procedures for randomly selecting the Powerball® game winning numbers and the Power Play® multiplier.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 16-2021, amend filed 08/16/2021, effective 08/23/2021
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 5-2016, f. 7-29-16, cert. ef. 8-1-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 1-1994, f. 1-27-94, cert. ef. 2-1-94
LC 6-1993, f. & cert. ef. 7-2-93
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0020 Prize Claims

(1) General: A ticket, subject to the validation requirements set forth in OAR 177-085-0040, is the only proof of a game play or plays. The submission of a winning ticket to the Lottery or an authorized retailer as required by OAR 177-046-0110 is the sole method of claiming a prize or prizes, except that a Grand Prize (and a Match 5+0 prize) must be claimed in person at Lottery Headquarters or at a Lottery Branch, unless the ticket specifies that it may be claimed only at Lottery Headquarters. A game slip or a copy of a ticket has no pecuniary or prize value and does not constitute evidence of ticket purchase or of numbers selected. A terminal produced paper receipt, if any, has no pecuniary or prize value and does not constitute evidence of ticket purchase or of numbers selected.

(2) Prize Claims: Powerball prize claim procedures are governed by the administrative rules of the Oregon State Lottery. MUSL and the Party Lotteries are not responsible for Powerball prizes that are not claimed following the proper procedures as determined by the Director.

History

Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0025 Powerball® Prize Pool

(1) Powerball® Prize Pool: The prize pool for all prize categories shall consist of 50 percent of each drawing period’s sales, including contributions to the prize pool accounts and prize reserve accounts.

(2) Powerball® Prize Pool Accounts and Prize Reserve Accounts: The Product Group shall set the contribution rates to the prize pool and to one or more prize reserve or pool accounts it has established.

(a) Powerball® Prize Reserve Accounts: The Product Group has established the following prize reserve accounts for the Powerball® game:

(A) The Powerball® Prize Reserve Account, which is used to guarantee the payment of valid, but unanticipated, Grand Prize claims that may result from a system error or other reason, or to fund Guaranteed Grand Prizes as provided in OAR 177-085-0035(11)(d); and

(B) The Powerball® Set Prize Reserve Account, which is used to fund deficiencies in low-tier Powerball® prize payments (subject to the limitations of these rules).

(b) Powerball® Prize Pool Accounts: The Product Group has established the following prize pool accounts for the Powerball® game:

(A) The Grand Prize Pool Account, which is used to fund the current Grand Prize;

(B) The Powerball® Set Prize Pool Account, which is used to fund the Powerball® set prize payments. The Set Prize Pool holds the temporary balances that may result from having fewer than expected winners in the Set Prize categories. The source of the Set Prize Pool Account is the Party Lotteries’ weekly prize contributions less actual Set Prize liability;

(C) The Powerball® Set-Aside Pool Account, which is used to fund the payment of the awarded minimum starting annuity Grand Prizes and minimum annuity Grand Prize increase, if necessary (subject to the limitations in these rules), as may be set by the Product Group;

(D) The Grand Prize Carry Forward Pool Account, which is used to fund the starting minimum annuity Grand Prize, as may be set by the Product Group, if such funds are available, and if sales do not fund the Grand Prize; and

(E) The Power Play® Prize Pool Account and the Power Play Pool Account, which are described in OAR 177-085-0065.

(c) Balance Amounts: The above prize reserve accounts, the Grand Prize Carry Forward Pool Account, and the Set-Aside Pool Account shall have maximum balance amounts or balance limit triggers that are set by the Product Group.

(A) The maximum balance amounts and balance limit triggers are subject to review by the MUSL Board Finance and Audit Committee. The Finance and Audit Committee shall have two weeks to state objections, if any, to the approved maximum balance amounts or balance limiter triggers. Approved maximum balance amounts or balance limiter triggers shall become effective no sooner than two weeks after notice is given to the Finance and Audit Committee and no objection is stated or sooner if the Committee affirmatively approves the maximum balance amounts or balance limiter triggers. The Group may appeal the Committee’s objections to the full Board. Group approved changes in the maximum balance amounts or balance limiter triggers set by the Product Group shall be effective only after the next Grand Prize win.

(B) The maximum contribution rate to the Grand Prize Pool Account is 68.0131 percent of the prize pool (34.0066 percent of sales) except as provided in OAR 177-085-0035(11)(d).

(i) An amount up to 5 percent of a Party Lottery’s sales shall be deducted from a Party Lottery’s Grand Prize Pool Account contribution and placed in trust in one or more prize pool accounts and prize reserve accounts held by the Product Group (hereinafter the prize pool and reserve deduction) at any time that the prize pool accounts and Party Lottery’s share of the prize reserve account(s) is below the amounts designated by the Product Group.

(ii) An additional amount up to 20 percent of a Party Lottery’s sales shall be deducted from a Party Lottery’s Grand Prize Pool Account contribution and placed in trust in the Grand Prize Carry Forward Pool Account to be held by the Product Group at a time as determined by the Product Group.

(3) Balances: The Product Group may determine to expend all or a portion of the funds in the Powerball® prize pool accounts (except the Grand Prize Pool Account and the Grand Prize Carry Forward Pool Account) and the prize reserve accounts as follows:

(a) For the purpose of indemnifying the Party Lotteries and Licensee Lotteries in the payment of prizes to be made by the selling lotteries; and

(b) For the payment of prizes or special prizes in the game, limited to prize pool and prize reserve contributions from lotteries participating in the special prize promotion, subject to the approval of the MUSL Board’s Finance and Audit Committee or that Committee’s failure to object after given two weeks’ notice of the planned action, which actions may be appealed to the full Board by the Product Group. The Grand Prize Carry Forward Prize Pool Account may only be expended to fund the starting minimum annuity Grand Prize. The prize reserve shares of a Party Lottery may be adjusted with refunds to the Party Lottery from the prize reserve accounts as may be needed to maintain the approved maximum balance and sales percentage shares of the Party Lotteries. A Party Lottery may contribute to its sales percentage share of prize reserve accounts over time, but in the event of a draw down from a prize reserve account, a Party Lottery is responsible for its full percentage share of the prize reserve account, whether or not it has been paid in full. Any amount remaining in the Powerball® prize pool accounts or prize reserve accounts when the Product Group declares the end of the Powerball® game shall be returned to all lotteries participating in the accounts after the end of all claims periods of all Selling Lotteries, carried forward to a replacement game, or otherwise expended in a manner at the election of the individual members of the Product Group in accordance with state law.

(4) Expected Powerball® Prize Payout Percentages: The Grand Prize payout shall be determined on a pari-mutuel basis. Except as otherwise required by law or provided in these rules, all other prizes awarded shall be paid as set lump sum prizes with the following expected prize payout percentages, although the prize payout percentage per draw may vary: [Table not included here. See ED. NOTE.]

(a) Division of Grand Prize among Winners: The prize money allocated to the Grand Prize category shall be divided equally by the number of tickets with winning game plays winning the Grand Prize.

(b) Powerball® Set Prize Pool Account Carried Forward: The Powerball® Set Prize Pool Account (for the single lump sum prizes of $1,000,000 or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Powerball® set prizes awarded in the current draw.

(c) Pari-Mutuel Powerball® Prize Determination: Except as provided in paragraph (C) of this subsection, for Party Lotteries:

(A) If the total of the Powerball® set prizes (as multiplied by the respective Power Play® multiplier if applicable) awarded in a drawing exceeds the percentage of the prize pool allocated to the Powerball® set prizes, then the amount needed to fund the Powerball® set prizes, including Power Play® prizes, awarded shall be drawn from the following sources, in the following order:

(i) The amount available in the Set Prize Pool Account and the Power Play® Prize Pool Account, if any;

(ii) An amount from the Set Prize Reserve Account, if available, not to exceed $40,000,000 per drawing; and

(iii) Other amounts as agreed to by the Product Group in its sole discretion.

(B) Lack of Sufficient Prize Funds: If, after these sources are depleted, there are not sufficient funds to pay the set prizes awarded, including Power Play® prizes, then the highest set prize shall become a pari-mutuel prize. If the amount of the highest set prize, when paid on a pari-mutuel basis, drops to or below the next highest set prize and there are still not sufficient funds to pay the remaining set prizes awarded, then the next highest set prize, including Power Play® prizes, shall become a pari-mutuel prize. This procedure shall continue down through all set prize levels, if necessary, until all set prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this rule shall be divided among the tickets with winning game plays in proportion to their respective prize percentages. Powerball® set prizes and Power Play® prizes will be reduced by the same percentage.

(C) By agreement with the Licensee Lotteries, the Licensee Lotteries shall independently calculate their set prize pari-mutuel prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently-calculated prize amounts.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
Statutes/Other Implemented: OR Const, Art XV, § 4(4), ORS 461.020, 461.200, ORS 461.120, 461.210, 461.220, 461.230 & 461.250
LOTT 4-2022, amend filed 04/29/2022, effective 05/01/2022
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 2-2012, f. 4-30-12, cert. ef. 5-1-12
LOTT 10-2011(Temp), f. 12-22-11, cert. ef. 1-15-12 thru 7-7-12
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 10-1996, f. & cert. ef. 9-4-96
LC 11-1995, f. 10-30-95, cert. ef. 11-1-95
LC 4-1993, f. & cert ef. 4-2-93
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 18-1988, f. & cert. ef. 6-28-88
LC 17-1988(Temp), f. & cert. ef. 6-2-88
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0030 Probability of Winning Powerball® Prizes

The following table sets forth the probability of winning and the probable distribution of winners in and among each prize category, based upon the total number of possible combinations in Powerball®. The Set Prize amount shall be the prizes set for all Selling Lotteries unless prohibited or limited by state law.: [Table not included. See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.220
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0035 Powerball Prize Payment

(1) Selection of Payment Type: Except as provided otherwise in section (2) of this rule, the Grand Prizes shall be paid, at the election of the player made no later than 60 days after validation of the prize, with either a per-winner annuity or single lump sum payment. If the payment election is not made by the player within 60 days after validation, then the prize shall be paid as an annuity prize. The election to take the single lump sum payment may be made at the time of validation of the prize claim or within 60 days thereafter. An election made after validation is final and cannot be revoked, withdrawn, or otherwise changed.

(2) Multiple Claimants: Unless an exception is approved, when a Grand Prize is claimed jointly in accordance with OAR 177-046-0110(5), each claimant must select the same payment option, either single lump sum or annuity.

(3) Share of the Grand Prize: Shares of the Grand Prize shall be determined by dividing the amount available in the Grand Prize Pool Account equally among all tickets with winning game plays of the Grand Prize.

(4) Lump Sum Payment: Winner(s) who elect a lump sum payment shall be paid their share(s) in a single lump sum payment.

(5) Annuity Payment: The annuitized option prize shall be determined by multiplying a winner’s share of the Grand Prize Pool Account by a process as approved by the MUSL Board. Neither MUSL nor the Party Lotteries or the Licensee Lotteries shall be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to MUSL. In certain instances announced by the Product Group, the Grand Prize shall be a guaranteed amount and shall be determined pursuant to section (12) of this rule. If individual shares of the Grand Prize Pool Account funds held to fund an annuity are less than $250,000.00, the Product Group, in its sole discretion, may elect to pay the winners their share of the amount held in the Grand Prize Pool Account.

(6) Initial and Annual Payments: Except as may be controlled by statute, all annuitized prizes shall be paid annually in thirty payments with the initial payment being made directly with available funds, to be followed by twenty-nine payments funded by the annuity. All annuitized prizes shall be paid annually in thirty graduated payments (increasing each year) by a rate as determined by the Product Group. Prize payments may be rounded down to the nearest $1,000. Annual payments after the initial payment shall be made by the lottery on the anniversary date of the first payment or if such date falls on a non-business day, then the first business day following the anniversary date of the first payment. Funds for the initial payment of an annuitized prize or the lump sum payment prize shall be made available by MUSL for payment by the Selling Lottery no earlier than the 15th calendar day (or the next banking day if the fifteenth day is a holiday) following the drawing.

(7) Lack of Available Funds: If necessary, when the due date for the payment of a prize occurs before the receipt of sufficient funds in the prize pool trust to pay the prize, then the transfer of funds for the payment of the full lump sum payment amount may be delayed pending receipt of funds from the Selling Lotteries. The Lottery may elect to make the initial payment from its own funds after validation, with notice to MUSL.

(8) Death of Winner: In the event of the death of a lottery winner during the annuity payment period, unless prohibited by state law, the MUSL Finance and Audit Committee, in its sole discretion excepting a discretionary review by the Product Group, upon the petition of the estate of the lottery winner (the “Estate”) or the persons identified on the winner’s Beneficiary Designation form (BDF), whichever is applicable, to the state lottery of the state in which the deceased lottery winner purchased the winning ticket, and subject to applicable federal, state, or district laws, may make payment to the Estate or the designated beneficiary of the discounted present value of the remaining annuitized prize payments. If a determination is made, then securities and/or amounts held to fund the deceased lottery winner’s annuitized prize may be distributed to the Estate or the persons on the BDF. The identification of the securities, if any, to fund the annuitized prize is at the sole discretion of the MUSL Finance and Audit Committee or the Product Group.

(9) Low-Tier Prizes: All prizes are paid directly through the Lottery that sold the winning ticket, and at the discretion of the Selling Lottery may be paid by cash, check, warrant, or electronic transfer. The Lottery may begin paying low-tier prizes after receiving authorization to pay from the MUSL central office.

(10) Rounding of Powerball® Grand Prize Payments: Annuitized payments of the Grand Prize or a share of the Grand Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized Grand Prize win shall be added to the first payment to the winner or winners. Prizes other than the Grand Prize which, under OAR 177-085-0025(4)(c) and OAR 177-085-0065(11), may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing.

(11) Roll Over of Powerball® Grand Prize: If the Grand Prize is not won in a drawing, the prize money allocated for the Grand Prize shall roll over and be added to the Grand Prize Pool Account for the following drawing.

(12) Guaranteed Powerball® Prizes:

(a) The Product Group may offer guaranteed minimum Grand Prize amounts or minimum increases in the Grand Prize amount between drawings or make other changes in the allocation of prize money where the Product Group finds that it would be in the best interest of the game.

(b) If a minimum Grand Prize amount or a minimum increase in the Grand prize amount between drawings is offered by the Product Group, then the Grand Prize amount shall be determined as follows:

(A) All Winners Select Annuity: If there are multiple Grand Prize winners during a single drawing, each selecting the annuitized option prize, then a winner’s share of the guaranteed annuitized Grand Prize shall be determined by dividing the guaranteed annuitized Grand Prize by the number of tickets with winning game plays.

(B) Mix of Lump Sum and Annuity: If there are multiple Grand Prize winners during a single drawing and at least one of the Grand Prize winners has elected the annuitized option prize, then the MUSL annuity factor shall be utilized to determine the cash pool. The cost of the annuitized prize(s) will be determined at the time the annuity is purchased through a process approved by the MUSL Board.

(C) No Winners Select Annuity: If no winner of the Grand Prize during a single drawing has elected the annuitized option prize, then the amount of the cash in the Grand Prize Pool Account shall be an amount equal to the guaranteed annuitized amount divided by the MUSL annuity factor.

(c) Changes in Allocation of Prizes: Minimum guaranteed prizes or increases may be waived if the alternate funding mechanism set out in OAR 177-085-0025(4)(c) becomes necessary. Approval of the Group is required to change the guaranteed minimum Grand Prize amounts or minimum increases in the Grand Prize amount. Effective after the drawing on April 8, 2020, the Group may increase, decrease, or eliminate the guaranteed minimum Grand Prize amount of any announced minimum Grand Prize increases effective at any time following the next drawing following the action taken by the Group.

(d) Funding of Guaranteed Grand Prizes: If the amount in the Grand Prize Pool Account, Grand Prize Carry Forward Pool Account, and Set Aside Pool Account and contributions from Licensee Lotteries who are not participating in the Prize Reserve Account are insufficient to fund the amount required by awarded Guaranteed Grand Prize(s), then the Prize Reserve Account, and thereafter contributions from individual Member Lotteries and Licensee Lotteries participating in the Prize Reserve Account, may be required to fund Guaranteed Grand Prize award deficiencies. Contributions from the Prize Reserve Account shall first be utilized, and then from individual Member Lotteries and Licensee Lotteries participating in the Prize Reserve Account if necessary. Contributions required from the Prize Reserve Account or from Member Lotteries and Licensee Lotteries participating in the Prize Reserve Account shall be determined on a pro rata basis based on sales since the most recent Grant Prize win.

(13) One Prize per Board: The holder of a winning ticket may win only one prize per play in connection with the winning numbers drawn, and shall be entitled only to the prize won by those numbers in the highest matching prize category. All liabilities for a Powerball® prize are discharged upon payment of a prize claim

(14) Claim Expires in One Year: Claims for all prize categories, including the Grand Prize, must be submitted within one year after the date of the drawing.

History

Statutory/Other Authority: OR Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
Statutes/Other Implemented: OR Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.220, 461.230 & 461.250
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 4-2022, amend filed 04/29/2022, effective 05/01/2022
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 10-2003, f. & cert. ef. 6-30-03
LOTT 4-2003(Temp), f. & cert. ef. 4-15-03 thru 10-10-03
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 7-1997, f. 10-30-97, cert. ef. 11-2-97
LC 10-1996, f. & cert. ef. 9-4-96
LC 4-1993, f. & cert. ef. 4-2-93
LC 8-1992, f. & cert. ef. 7-23-92
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 6-1989, f. 2-28-89, cert. ef. 3-2-89
LC 3-1989(Temp), f. & cert. ef. 1-23-89
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0040 Ticket Validation

To be a valid ticket and eligible to receive a prize, a Powerball® ticket shall satisfy all the requirements established by the Lottery for validation of winning tickets sold through its central computer system and any other validation requirements adopted by the MUSL Board, the Product Group, and published as the Confidential MUSL Minimum Game Security Standards. The ticket must have been issued by an authorized Lottery retailer. The Lottery and MUSL shall not be responsible for tickets which are altered in any manner, (or which fail to print except as provided in OAR 177-085-0015(4)). When a winning ticket is submitted to the Lottery for validation along with the Lottery’s completed claim form, and the Lottery has initiated the validation procedures, the Lottery retains possession of the winning ticket and claim form.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 10-1996, f. & cert. ef. 9-4-96
LC 1-1994, f. 1-27-94, cert. ef. 2-1-94
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0045 Ticket Responsibility

Until such time as a signature is placed in the area designated for signature, a ticket is owned by the bearer of the ticket. MUSL, the Product Group, and the Lottery are not responsible for lost or stolen tickets.

History

Statutory/Other Authority: ORS 461.250 & OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 10-1996, f. & cert. ef. 9-4-96
LC 16-1988, f. & cert. ef. 6-2-88
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0050 Ineligible Players

(1) MUSL Restrictions: A ticket issued by the MUSL or any of its Party Lotteries or Licensee Lotteries shall not be purchased by, and a prize won by any such ticket shall not be paid to:

(a) A MUSL employee, officer, or director;

(b) A contractor or consultant under agreement with the MUSL to review the MUSL audit and security procedures;

(c) An employee of an independent accounting firm under contract with MUSL to observe drawings or site operations and actually assigned to the MUSL account and all partners, share-holders, or owners in the local office of the firm; or

(d) An immediate family member (parent, stepparent, child, stepchild, spouse, or sibling) of an individual described in subsections (a) through (c) of this section and residing in the same household.

(2) Local Lottery Restrictions: Those persons designated by a Party Lottery’s or Licensee Lottery’s law as ineligible to play its games shall also be ineligible to play Powerball® in that Selling Lottery’s jurisdiction.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.250
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LC 1-1992, f. 2-25-92, cert. ef. 4-19-92
LC 12-1990, f. & cert. ef. 10-2-90
LC 9-1988, f. & cert. ef. 2-23-88
LC 6-1988(Temp), f. & cert. ef. 1-26-88

Or. Admin. R. 177-085-0065 Power Play®

(1) General: The Powerball® Power Play® promotion is an optional, limited extension of the Powerball® Game described in OAR Division 85. The Lottery Director, in the Lottery Director’s sole discretion and based on agreements with MUSL, is authorized to initiate and terminate the Power Play® option.

(2) Set Prizes Only: The Power Play® promotion offers to the owner of a qualifying play a chance to increase the amount of any of the cash Set Prizes (the prizes normally paying $4 to $1,000,000) won in a drawing held during the promotion. The Grand Prize is not a Set Prize and will not be increased.

(3) Power Play® Purchase: A qualifying Power Play® option play is any single Powerball® play for which the player selects the Power Play® option on either the game slip or by selecting the Power Play® option through a clerk-activated or player-activated terminal, pays one extra dollar for the Power Play® option play, and which is recorded at the Lottery’s central computer as a qualifying play.

(4) Qualifying Play: Except as provided in these rules, a qualifying play which wins one of the seven lowest lump sum Set Prizes (excluding the Grand Prize and the Match 5+0 prize) will be multiplied by the number selected, either 2, 3, 4, 5, or sometimes 10 in a separate random Power Play® drawing announced during the official Powerball® drawing show. The “10X” multiplier will be available for drawings in which the initially advertised annuitized Grand Prize amount is $150,000,000 or less. The announced Match 5+0 prize, for players selecting the Power Play® option, shall be $2,000,000 unless a higher limited promotional dollar amount is announced by the Group.

(5) Power Play® Drawings: MUSL will conduct a separate random Power Play® drawing and announce results during each of the regular Powerball® drawings held during the promotion. During each Power Play® drawing a single number, 2, 3, 4, 5, or sometimes 10, shall be drawn. The “10X” multiplier shall be available for all drawings in which the initially advertised annuitized Grand Prize amount is $150,000,000 or less. The Powerball® Product Group may modify the multiplier features for special promotions from time to time.

(6) Power Play® Prize Pool Account:

(a) Power Play® Prize Pool Account: The Power Play® Prize Pool Account has been established by the Product Group and is used to fund Power Play® prizes. The Power Play® Prize Pool Account holds the temporary balances that may result from having fewer than expected winners in the Power Play®. The source of the Power Play® Prize Pool Account is the Party Lotterys’ weekly prize contributions less actual Power Play® prize liability.

(b) Percentage: In total, 50 percent of each draw’s sales shall be collected and placed in the Power Play® Prize Pool Account for the payment of prizes.

(A) “10X” Multiplier Available: In drawings where the “10X” multiplier is available, the expected payout for all prize categories shall consist of up to 49.969 percent of each drawing period’s sales.

(B) “10X” Multiplier Not Available: In drawings where the “10X” multiplier is not available, the expected payout for all prize categories shall consist of up to 45.934 percent of each drawing period’s sales.

(i) “10X” Multiplier Available: In drawings where the “10X” multiplier is available, an additional 0.031 percent of each drawing period’s sales may be collected and placed in trust in the Power Play® Prize Pool Account, for the purpose of paying Power Play® prizes.

(ii) “10X” Multiplier Not Available: In drawings where the “10X” multiplier is not available, an additional 4.066 percent of each drawing period’s sales, may be collected and placed in trust in the Power Play® Prize Pool Account, for the purpose of paying Power Play® prizes.

(D) Carry Forward: The prize payout percentage per draw may vary. The Power Play® Prize Pool Account shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Power Play® prizes awarded in the current draw and held in the Power Play® Prize Pool Account.

(7) End of Game: Any amount remaining in the Power Play® Prize Pool Account when the Product Group declares the end of this game shall be returned to all lotteries participating in the account after the end of all claim periods of all Selling Lotteries, carried forward to a replacement game, or otherwise expended in a manner at the election of the individual members of the Product Group in accordance with jurisdiction law.

(8) Power Play® Payout: Except as otherwise provided in these rules, all prizes awarded shall be paid as lump sum set prizes. Instead of the Powerball® set prize amounts, qualifying Power Play® option plays will pay the Power Play® prize amounts shown in section (9) of this rule. In certain rare instances, and as determined under OAR 177-085-0025(4)(c)(B) and section (11) of this rule, the Powerball® set prize amount may be less than the amounts shown in section (9) of this rule. In such case, the eight Power Play® prize amounts will be changed to an amount announced after the draw.

(9) Expected Power Play® Prize Payout: [Table not included. See ED. NOTE.]

(10) Probability of Winning: The following tables set forth the probability of the various Power Play® numbers being drawn during a single Powerball® drawing, except that the Power Play® amount for the Match 5+0 prize will be $2,000,000. The Group may elect to run limited promotions that may modify the multiplier features.

(a) When the “10X” Multiplier is Available: [Table not included. See ED. NOTE.]

(b) When the “10X” Multiplier is not Available: [Table not included. See ED. NOTE.]

(11) Pari-Mutuel Prizes — All Prize Amounts: Except as provided in subsection (d) of this rule, for Party Lotteries, if the total of the original Powerball® set prizes and the Power Play® prizes awarded in a drawing exceeds the percentage of the prize pools allocated to the set prizes, then the amount needed to fund the set prizes (including the Power Play® prize amounts) awarded shall be drawn from the following sources, in the following order:

(a) The amount available in the Set Prize Pool Account and the Power Play® Prize Pool Account, if any;

(b) An amount from the Powerball® Set-Prize Reserve Account, if available in the account, not to exceed $40,000,000 per drawing; and

(d) If, after these sources are depleted, there are not sufficient funds to pay the set prizes awarded (including Power Play® prize amounts), then the highest set prize (including the Power Play® prize amounts) shall become a pari-mutuel prize. If the amount of the highest set prize, when paid on a pari-mutuel basis, drops to or below the next highest set prize and there are still not sufficient funds to pay the remaining set prizes awarded, then the next highest set prize, including the Power Play® prize amount, shall become a pari-mutuel prize. This procedure shall continue down through all set prizes levels, if necessary, until all set prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this rule shall be divided among the tickets with winning game plays in proportion to their respective prize percentages. Powerball® and Power Play® prizes will be reduced by the same percentage.

(e) By agreement with the Licensee Lotteries, the Licensee Lotteries shall independently calculate their set pari-mutuel prize amounts, including the Power Play® prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently calculated prize amounts.

(12) Prize Payment: All Power Play® prizes shall be paid in one lump sum through the Selling Lottery that sold the winning ticket(s). The Lottery may begin paying Power Play® prizes after receiving authorization to pay from the MUSL central office.

(13) Prizes Rounded: Prizes, which under these rules may become pari-mutuel prizes, may be rounded down so that prizes can be paid in whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16
LOTT 2-2015, f. 9-25-15, cert. ef. 10-7-15
LOTT 4-2013, f. 9-27-13, cert. ef. 10-1-13
LOTT 7-2012, f. 10-26-12, cert. ef. 11-1-12
LOTT 5-2012(Temp), f. & cert. ef. 8-16-12 thru 1-31-13
LOTT 2-2012, f. 4-30-12, cert. ef. 5-1-12
LOTT 10-2011(Temp), f. 12-22-11, cert. ef. 1-15-12 thru 7-7-12
LOTT 9-2011, f. 12-20-11, cert. ef. 1-15-12
LOTT 10-2010, f. 11-19-10, cert. ef. 12-12-10
LOTT 11-2008, f. 11-21-08, cert. ef. 1-4-09
LOTT 23-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 7-2005(Temp), f. 8-8-05, cert. ef. 8-28-05 thru 2-23-06
LOTT 1-2003, f. & cert. ef. 2-3-03
LOTT 9-2002(Temp), f. 9-4-02, cert. ef. 10-6-02 thru 3-31-03
LOTT 10-2001, f. 5-25-01, cert. ef. 5-29-01
LOTT 3-2001(Temp), f. 3-1-01, cert. ef 3-2-01 thru 8-29-01

Or. Admin. R. 177-085-0070 Applicable Law

(1) General: In purchasing a Powerball® ticket issued by the Lottery, or attempting to claim a prize, purchasers and prize claimants agree to comply with and be bound by all applicable statutes, administrative rules, and procedures of the Lottery and MUSL, including all applicable provisions in the Powerball® Finance and Operations Procedures, and by all directives and determinations of the Lottery Director. A purchaser or prize claimant agrees, as the purchaser or prize claimant’s sole and exclusive remedy, that claims arising out of a Powerball® ticket issued by the Lottery can be pursued only against the Lottery and not any other Party Lottery or against MUSL. Litigation, if any, shall be maintained only within the State of Oregon. No claim shall be made against any other participating Lottery or against MUSL.

(2) Final Determinations: All decisions made by the Lottery Director, including the declaration of prizes and the payment thereof and the interpretation of the Powerball® game rules and procedures, are final and binding on all purchasers of tickets issued by the Lottery and on every person making a prize claim in respect thereof. Nothing in these rules shall be construed as a waiver of any defense or claim that the Lottery, any other participating lottery, or MUSL may have in any litigation, including in the event a purchaser or person making a claim pursues litigation against the Lottery Commission, the Lottery, any other participating lottery, or MUSL, or their respective officers, directors or employees.

(3) Unclaimed Prize: No prize shall be paid upon a ticket purchased, claimed, or sold in violation of the statutes, or rules, procedures, and decisions of the Lottery or MUSL’s Powerball® Group Rules effective as of October 19, 2016. Any such prize claimed but unpaid shall constitute an unclaimed prize under the statutes, rules, procedures, and decisions of the Lottery and shall be allocated to the benefit of the public purpose.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461
LOTT 8-2016, f. 9-30-16, cert. ef. 10-19-16

Division 90 SPORTS ACTION

Or. Admin. R. 177-090-0000 Purpose and Disclaimer

(1) Purpose: These rules establish the procedures and requirements for playing Sports Action, a lottery game operated by the Oregon State Lottery.

(2) Disclaimer: Sports Action is not associated with, sponsored, or authorized by the National Football League (NFL).

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.213
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LC 6-1993, f. & cert. ef. 7-2-93
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0005 Definitions

For the purposes of division 90, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Entry Form” means a play slip used by a player to choose the dollar amount to be wagered, the number of events selected, and the player’s chosen option for each event selected.

(2) “Event” means a game or a special play that a player may select.

(3) “Favorite” means the likely winning team of a game as indicated on the official program.

(4) “Game” means a professional football game between two teams.

(5) “Game ticket” or “ticket” means a computer-generated, printed paper issued by an Oregon Lottery terminal as a receipt for the events selected and the options chosen by a player and includes, but is not limited to, the following data: The name “Sports Action”, the purchase date, events selected, the option chosen for each selected event, the cost of the ticket, the identifying number for the specific play week, a six-digit retailer number, a serial number, and a bar code.

(6) “Official program” means the Lottery’s list of games with point spreads and special plays, including the options for each event a player may select for a particular play week.

(7) “Official Sports Action results” means the Lottery’s list of the final outcomes of the events scheduled for a given play week, showing the winning option for each event.

(8) “Option” means one of two possible outcomes for an event.

(9) “Parimutuel” means a system of wagering in which the money allocated for prizes from the total amount of money wagered on an event is divided among prizewinners in proportion to each prizewinner’s individual wager.

(10) “Play week” means a seven-day period:

(a) Beginning at 5:00 a.m. on Tuesday and ending at the scheduled start time of the last game on Monday during the pre-season and regular season; and

(b) Beginning at 5:00 a.m. on Monday and ending at the scheduled start time of the last game on Sunday during the post-season playoffs.

(11) “Point spread” means the number of points used to balance the possible outcome of an event, giving equal chance for each event’s success.

(12) “Prize category” means a division of the prize pool identified by a specific number of events selected by a player.

(13) “Prize pool” means the amount of money allocated from total sales for prizes.

(14) “Quick Pick” means the random selection by a terminal of events played on a ticket and an option for each event selected.

(15) “Special play” means an activity that occurs within a game, including, but not limited to, fumbles, interceptions, and sacks.

(16) “Draw game terminal” or “Terminal” has the meaning set forth in OAR 177-070-0005(4).

(17) “Underdog” means the likely losing team of a game as indicated on the official program.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.010
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0010 Sports Action Description

(1) General: Sports Action is a Lottery game based on the outcome of a game or special play. Each play week during the Sports Action season, the Lottery will make available an official program, which lists the events for that play week. The play week’s official program will contain at least eight events. For each game listed, the official program will indicate the favorite and the underdog and include a point spread. The point spread is added to the underdog score which is then compared to the favorite’s score to determine the outcome of a game. The team with the highest score is the winner as specified in OAR 177-090-0055. The Lottery’s point spread appearing on the official program is the only point spread applicable to Sports Action.

(2) Player Selections: A player is required to select at least three events on the official program but may select 4, 5, 6, 7, 8, 10, 12, or a maximum of 14 events.

(3) Lottery Selections: The Lottery will list a minimum of eight events up to a maximum of thirty events each week. The Director reserves the right to determine which events will be listed in the official program and whether to apply a point spread.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.010
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0015 Play Dates and Times

For a given play week, a player may purchase a ticket for an event starting at the beginning of the play week. After the scheduled start time of a game as listed on the official program, a ticket for that game and any special plays in that game can no longer be purchased. A ticket for a specific play week can not be purchased when there are less than three events remaining in that play week.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.213
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0020 Cost of a Ticket

The cost of a ticket is determined by the amount of money a player chooses to wager. The minimum wager is $2 per ticket. A player may choose to wager $2, $3, $4, $5, $10, or $20 per ticket.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.240
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 7-1993, f. & cert. ef. 8-4-93
LC 11-1990, f. & cert. ef. 8-21-90
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0025 Ticket Purchase, Characteristics, and Restrictions

(1) General: A Sports Action ticket may only be purchased from a Lottery retailer during the Sports Action season.

(2) Age of Player: A player must be at least 18 years of age to purchase a Sports Action ticket.

(3) Ticket Purchase Options: A ticket may be purchased from a clerk-operated terminal or from a player-operated terminal.

(a) Purchasing a Ticket from a Clerk-Operated Terminal: A player may purchase a ticket from a clerk-operated terminal by completing an entry form and submitting it with the amount of money to be wagered on the ticket to the clerk. The clerk will then issue a ticket to the player. Alternatively, a player may request a Quick Pick ticket from the clerk without using an entry form by informing the clerk of the number of events to be played and paying the amount of money to be wagered on the ticket.

(b) Purchasing a Ticket from a Player-Operated Terminal: A player may purchase a ticket from a player-operated terminal only by using an entry form and following the instructions appearing on the terminal screen. Once the entry form is completed, the player must insert into the terminal the entry form and the amount of money to be wagered on the ticket. The terminal will then issue a ticket to the player.

(4) Ticket Characteristics: A game ticket is the only proof of Sports Action game play, including the selections made by a player. The submission of a winning ticket to the Lottery or to an authorized retailer is the sole method for claiming a prize. An entry form or a copy of a game ticket has no pecuniary or prize value and does not constitute evidence of ticket purchase, the selections made by a player, or otherwise represent an opportunity to win a prize.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 6-1993, f. & cert. ef. 7-2-93
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0035 Cancellation of Tickets

(1) General: A player may cancel a Sports Action game ticket as set forth in OAR 177-046-0060 by returning the ticket to the selling retailer on the day of purchase prior to the time wagers are disabled before the first event listed on the ticket. After this time, the ticket cannot be canceled.

(2) Refund: In the event that a ticket is canceled in accordance with OAR 177-090-0035(1) and 177-046-0060, the player shall be entitled to a refund from the retailer equal to the cost shown on the player’s ticket, not to exceed the maximum ticket cost of $20.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 11-1990, f. & cert. ef. 8-21-90
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0040 Prize Pool

(1) General: The prize pool consists of approximately sixty percent of the total amount of money wagered each week.

(2) Parimutuel: Except for the 3 of 3 and 4 of 4 prize categories, all prizes in each prize category are determined on a parimutuel basis. The prize for correctly selecting all three events in the 3 of 3 pool is $10 for a minimum $2 wager. The prize for correctly selecting all four events in the 4 of 4 pool is $20 for a minimum $2 wager.

(3) Rounding: Prize amounts are rounded down to the nearest ten cents.

(4) Carry Forward: If there is no winner in a prize category, the prize money in that category is carried forward and added to the prize pool for that prize category in the next play week. For example, if no player from all the players who played fourteen events correctly selects all fourteen winners, the money is carried forward and added to the prize pool for fourteen events in the next play week. If, in the next play week, one or more prize categories do not offer a comparable number of events, the prize pool will be carried forward to the prize category with the most events offered during that play week. For example, if the prize pool for the prize category of 12 of 12 events is carried forward to the next play week, but the largest prize category for that week is 10 of 10 events, the prize pool carried forward will be added to the prize pool for the 10 of 10 events.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.220
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0045 Payment of Prizes; Ticket Validation Requirements; Time

(1) Payment: Except as otherwise provided herein, prize payments must be claimed, and are made, in accordance with the provisions of OAR 177-070-0025.

(2) Ticket Validation: To be a valid ticket and eligible to receive a prize, a ticket must:

(a) Be validated in accordance with the provisions of OAR 177-070-0035; and

(b) Be a winner under OAR 177-090-0055.

(3) Time: A ticket with a winning event selection for the 3 of 3 and 4 of 4 prize categories may be validated and payable to a winner the day following the last event on the ticket. Other prizes are parimutuel and may be validated and payable on the day following the end of the play week when the Lottery’s central computer system is activated for that day.

(4) Limits: All prizes must be claimed within one year from the end of the play week in which the winning event occurred.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.250(3) & 461.260
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LOTT 2-1998, f. & cert. ef. 5-28-98
LC 6-1996, f. 5-30-96, cert. ef. 6-1-96
LC 18-1989, f. 11-7-89, cert. ef. 11-15-89
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0050 Odds of Winning

The number of prizes for Sports Action is not pre-determined by the Lottery. The overall prize percentage payout for Sports Action prizes is estimated at sixty percent over time but will vary week to week, as well as year to year, due to factors including, but not limited to, the number of players participating each week and the number of winning wagers. The following table sets forth the estimated odds of winning Sports Action prizes: [Table not included: See ED. NOTE.]

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.220
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99
LC 14-1989, f. & cert. ef. 8-28-89

Or. Admin. R. 177-090-0055 Determination of Winners

(1) Favorite: To be a winning selection, the favorite must defeat the underdog by more points than the point spread.

(2) Underdog: To be a winning selection, the underdog must win the game or lose by fewer points than the point spread.

(3) General: To win, all of a player’s event selections must match the final outcomes in the Lottery’s official Sports Action results. For example, no prize shall be awarded to players who match 3 of 4 event selections, 5 of 7 event selections, or 11 of 14 event selections.

(4) Official Event Results: The scores and results for an event become official and final for the purpose of playing Sports Action when the Lottery enters the results in the Lottery’s central computer system for purposes of validating winning tickets. Once the results are entered, the Lottery shall not recognize any changes, including, but not limited to, the game’s final score, or any protests, overturned decisions, or statistical changes made by the professional sports league or organization overseeing the game that changes the outcome of a special play.

(5) Availability of Results: At the end of each play week, the Lottery will provide Sports Action results to the public through appropriate means.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230 & 461.250
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04
LOTT 10-1999, f. 6-30-99, cert. ef. 7-1-99

Or. Admin. R. 177-090-0057 Game Cancellation, Postponement, or Termination

(1) Game Cancellation: If a game is officially canceled prior to the start, or during the course of play, the final outcome for the game and for each special play associated with the game will be determined by using the Lottery’s random number generator.

(2) Multiple Game Cancellations: If multiple games for a play week are officially canceled, the Director may instead authorize a refund equal to the cost shown on the player’s ticket.

(3) Game Postponed: If a game is officially postponed prior to the start, or during the course of play, play on a Sports Action ticket, which includes that game, may continue until the rescheduled starting time for the game. In the exercise of the Director’s discretion, the final outcome for a postponed game and any special plays associated with that game may instead be determined by using the Lottery’s random number generator.

(4) Game Terminated after Play Has Started: If a game is officially terminated after play has started and the results of that game are declared as official and final by the NFL, the Lottery will adopt those results. Results include the final score of the game and any special plays within that game.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.213
LOTT 12-2004, f. 7-28-04 cert. ef. 8-3-04

Division 93 DRAFTKINGS SPORTSBOOK

Or. Admin. R. 177-093-0000 Purpose

These rules establish the DraftKings Sportsbook Official Provider of the Oregon Lottery as a sports betting game authorized by the Oregon State Lottery Commission. The rules describe the type of game, how the game works, how players can purchase a share and place bets, and how the Lottery determines winners and pays prizes.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.020, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.200, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0005 Definitions

Unless the context indicates otherwise, the following terms are defined for use in OAR chapter 177, division 093:

(1) "Bet" or "wager" means the amount of money paid by a player for a share and risked on a particular outcome of a sporting event or occurrence within or related to a sporting event. A bet may be one of a variety of types including, but not limited to, moneyline, spread, total, or parlay. Available bets are determined by the Lottery and displayed to players within the mobile app or site.

(2) "Bonus" has the meaning given in OAR 177-046-0015.

(3) "Confirmed" means a bet was placed by a player, the Lottery accepted the bet, the bet amount was successfully debited from the player balance, the bet was recorded by the Lottery, and the player received a bet identification number or similar confirmation number.

(4) "Decimal odds" means a way of representing the amount returned on a winning wager using a baseline of $1, including the return of the amount wagered. For example, a $1 wager with 1.50 odds returns $1.50 including the original wager and a $1 wager with 4.25 odds returns $4.25 including the original wager.

(5) "Digitally" has the meaning given in OAR 177-046-0015.

(6) "DraftKings" means DraftKings Inc, a Delaware corporation, and its affiliates, which are those legal entities that control, are controlled by, or are under common control with DraftKings Inc., where “control” means the possession of the power to direct or cause the direction of the management or policies of such legal entity, whether through the ownership of voting securities, by reason of management authority, by contract, or otherwise. Without limiting the foregoing, Crown OR Gaming LLC, is the affiliate of DraftKings who is a service provider to the Oregon State Lottery that assists in offering the DraftKings Sportsbook.

(7) "DraftKings Sportsbook" means the DraftKings Sportsbook Official Provider of the Oregon Lottery, the sports betting game of chance authorized by the Oregon State Lottery Commission and offered and operated by the Oregon State Lottery in which eligible players purchase shares to risk on the outcome of sporting events for a chance to win a prize.

(8) "Duplicative bet" or "identical bet" means a wager placed on the same outcome of the same event with the same odds as a wager previously placed by a player.

(9) "Eligible player" means a person who is eligible to play sports betting games pursuant to OAR 177-093-0015.

(10) "Funds balance" has the meaning given in OAR 177-046-0015.

(11) "Governing body" means a recognized organization that has regulatory or sanctioning authority or control over a particular sport.

(12) "In-game rules" means the DraftKings General Betting Rules and the DraftKings Sports Rules that describe general sports betting and market and sport-specific rules and information. The "in-game rules" are available to players on the mobile app or site and are incorporated into the terms of use. Such in-game rules, as amended from time to time, govern the players and the sports betting games offered on the mobile app or site.

(13) "Mobile app" has the meaning given in OAR 177-046-0015.

(14) "Official event results" means the results of a sporting event that the Lottery determines will be used to determine winning bets as described in OAR 177-093-0030.

(15) "Payout" means the prize that may be received by a player for a winning bet.

(16) "Player account" has the meaning given in OAR 177-046-0015.

(17) "Player balance" has the meaning given in OAR 177-046-0015.

(18) "Prize" has the meaning given in OAR 177-010-0003.

(19) "Share" has the meaning given in OAR 177-010-0003.

(20) "Site" has the meaning given in OAR 177-046-0015.

(21) "Sporting event" means a game, match, race, or similar competitive event associated with a governing body in its entirety or a particular event or occurrence within or related to the game, match, race, or similar competitive event such as, but not limited to, a particular play or score.

(22) "Sports betting game" has the meaning given in ORS 461.010.

(23) "Terms and conditions" has the meaning given in OAR 177-046-0015.

(24) "Terms of use" has the meaning given in OAR 177-046-0015.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440, 461.560, 461.600, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, ORS 461.200, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440, 461.560, 461.600, 461.715 & 461.719
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0010 General Game Description

(1) The DraftKings Sportsbook is a sports betting game authorized by the Oregon State Lottery Commission that allows eligible players to purchase shares and place bets on sporting events digitally. To purchase a share, an eligible player places a bet on a sporting event. The odds and payout associated with each bet amount are disclosed to the player before the bet is placed. The Lottery determines winning bets based on the official event results.

(2) The Oregon State Lottery Commission has authorized the digital sports betting game described in these rules. The Oregon State Lottery may authorize DraftKings to conduct any of the activities described in these rules, but such actions are done on behalf of the Oregon State Lottery and must comply with these rules and the terms of use.

(3) In addition to this division of rules, this sports betting game is subject to other applicable Lottery rules in OAR chapter 177. In the event of a conflict, the rules in this division of rules supersede the general rules.

(4) The DraftKings Sportsbook is governed by additional terms of use, terms and conditions, and in-game rules on betting and pertaining to particular sporting events. These are available to players on the mobile app or site and upon request from the Lottery.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0015 Eligibility

To be eligible to purchase a share and win a prize in the DraftKings Sportsbook sports betting game, an individual must meet all the following requirements:

(1) Age Restricted. An individual must be 21 years of age or older.

(2) Player Account and Agreement Required. An individual must successfully establish a personal digital player account on the DraftKings Sportsbook mobile app or site as described in OAR 177-046-0022. Upon creation of the player account, the player shall agree to and comply with the terms of use and terms and conditions provided to the player on the mobile app or site. This includes any terms of use presented to the individual by the entity holding the player account, including, but not limited to, terms relating to the flow of funds through the player account as described in OAR 177-046-0027. The continued use of the player account on the mobile app or site constitutes the player's consent to all applicable terms of use and terms and conditions, as they are amended from time to time, which are available to players and the public on the mobile app or site or upon request to the Lottery.

(3) Certain Persons Prohibited. A person must not be prohibited by law, contract, policy, administrative rule, or terms of use from playing Lottery games. This includes, but is not limited to:

(a) Commissioners and all Lottery employees (including the Director and any Assistant Directors) and any spouse, child, brother, sister, or parent of such persons as provided in ORS 461.250; and

(b) Employees of DraftKings or immediate family members of such persons as provided in the terms of use.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440 & 461.600
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.200, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400, 461.440 & 461.600
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0020 Purchasing a Share and Placing a Bet

(1) To purchase a share, an eligible player must first deposit money into a valid player account on the mobile app or site. The funds in the player account can then be used (in addition to bonus funds, when applicable) to purchase shares by placing a bet on a sporting event through the mobile app or site.

(2) The odds and payout associated with each bet are determined by the Lottery and must be digitally displayed to the player on the bet slip before the bet is confirmed.

(3) The Lottery only accepts bets placed digitally.

(4) A bet may only be placed when the player is physically located within the geographic boundary of the state of Oregon and not on tribal lands.

(a) The Lottery must be able to verify the physical location of the player when the bet is placed. Players must consent to the Lottery's use of geolocation technologies as described in OAR 177-046-0022.

(b) The Lottery will use official, publicly available data sources to geolocate tribal lands and prohibit mobile gaming therein. For purposes of this rule, "tribal lands" means federal Indian reservations, lands held in trust by the federal government for the benefit of federally recognized tribes, and lands held in fee by federally recognized tribes.

(5) The Lottery may, from time to time, offer bonuses, which include, but are not limited to, free bets, credits, and similar promotional incentives. These appear in the player balance and may be used to place bets but have no cash value and are not eligible for withdrawal. Each bonus or promotional offer is subject to terms and conditions or limitations that will be disclosed to players on the mobile app or site such as, but not limited to, deadlines for use and the requirement to use the full amount of the bonus in a single transaction or forfeit the unused portion. Players must comply with any additional terms and conditions or requirements to be eligible to use bonuses, free bets, and similar promotional incentives.

(6) Bets may only be placed on sporting events associated with a recognized governing body. The Lottery determines available bets at any given time at the Lottery's sole discretion. Available bets are displayed to players on the mobile app or site. The Lottery may refuse a bet at any time for any reason.

(7) A bet is not valid until it is confirmed. Once confirmed, a bet cannot be cancelled or changed by the player. It is the sole responsibility of the player to verify the accuracy of the bet prior to confirmation. The Lottery is not responsible for any bet placed in error.

(8) Disputes regarding player eligibility, the amount of a bet, the time a bet was placed, odds on a particular bet, whether a bet is valid or a winning bet, and the amount of any prize are resolved at the sole discretion of the Director of the Oregon State Lottery or the Director's designee.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, 461.400, 461.440, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0025 Price

The price to purchase a share in the Lottery's digital sports betting game is the amount the player chooses to bet subject to all of the following limitations:

(1) In order to responsibly manage funds for the public purpose, the Lottery reserves the right to impose minimum and maximum limits on the bet amount or prize amount at any given time based on the sport, odds, risk, and related factors. This will be communicated to the player when the player attempts to place a bet at a certain amount or for a certain prize payout that the Lottery will not accept.

(2) The bet amount may not exceed the player balance; under no circumstances will the Lottery extend credit to a player. The player balance may be further limited by DraftKings or any financial institution or payment processor involved in a transaction.

(3) The player may establish personal limits using the responsible gaming tools in the player account. When in effect, the player may not bet above the personal limit.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, 461.820, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0030 Method for Validating Bets and Determining Winners

An eligible player wins a prize by placing a confirmed and validated winning bet:

(1) A bet is valid if the bet was placed in accordance with OAR 177-093-0020 and other applicable rules by an eligible player through a valid player account, the bet was confirmed, and the bet is not otherwise voided or refunded by the Lottery pursuant to any applicable rule or the terms and conditions. Lottery decisions regarding the validity of a bet are final and binding.

(2) A validated bet is a winning bet if the outcome on which the shares were risked accords with the official event results as provided in this section and the in-game rules. The Lottery has the sole discretion to determine winning bets based on the official event results.

(a) The Lottery reserves the right to delay entering official event results when needed to review information relevant to the outcome of the sporting event. The Lottery will generally defer to the governing body for official event results as described in the in-game rules, but the Lottery retains ultimate discretion to determine winners and pay prizes.

(b) If a sporting event is cancelled, suspended, abandoned, or interrupted or the Lottery is for any reason unable to determine the outcome of a sporting event or particular occurrence within a sporting event on which bets were placed, then related bets may be voided at the Lottery's sole discretion as provided in OAR 177-093-0045 and the in-game rules for the sporting event.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0035 Pools

(1) General: Pools are a fixed price point form of betting where bets are placed against other bettors who have entered the same event. A player must pay an entrance fee if required for that pool as outlined in the in-game rules. There are many types of pools, including, but not limited to, squares, brackets, and survivors. Pools are offered at the discretion of Lottery on the mobile site or app.

(2) Prizes: The prize amount depends on the number of other players in the pool and the number of winners. There are different structures for prizes within each type of pool such as guaranteed, parimutuel with rollovers, and parimutuel guaranteed.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0040 Prizes

(1) The number and value of prizes for the DraftKings Sportsbook sports betting game is not predetermined by the Lottery. The overall prize percentage payout will vary over time due to the outcome of events offered and selections made by players.

(2) The Lottery shall digitally display the possible payout amount for any winning bet to the player on the bet slip before the bet is confirmed. The payout is based on the amount of the bet selected by the player and the odds associated with the bet.

(a) The Lottery calculates the payout using decimal odds even if the player has selected to display odds in an alternative format.

(b) The actual payout to a player may differ from the amount displayed to the player prior to bet confirmation in the case of ties, draws, or pushes. This occurrence depends on the specific terms of the bet, is at Lottery's discretion, and is provided for in the in-game rules.

(c) Some bets may, from time to time, display an option to settle a confirmed bet early for a portion of the original payout amount associated with the bet. This feature is known as “Cash Out" or "Bet Back" and is available only at the Lottery’s sole discretion on some bets at some times. When a player chooses this option, the player will receive the payout offered rather than the payout originally displayed on the bet slip.

(3) A prize on a winning bet in the Lottery's digital sports betting game is subject to OAR 177-046-0110, which establishes the Lottery's general prize claim, validation, and payment framework and describes certain limitations and requirements that apply when a prize is claimed, validated, and paid digitally through a DraftKings Sportsbook player account. This includes, but is not limited to, subsections (1)(i) (requiring certain personal disclosures when applicable) and (1)(j) (requiring deductions from prize for taxes and debt offsets when required by law). Prizes on duplicative or identical bets are aggregated for tax and debt offset purposes. A player may withdraw a prize (or other moneys in the player account) as provided in OAR 177-046-0027 and the terms of use.

(4) A player forfeits a prize if, even after a bet is settled, the Lottery determines the bet was void, refunded, resettled, or otherwise invalid pursuant to these rules, the terms of use, the terms and conditions, or the in-game rules. In such case, the player is not entitled to the payout and the Lottery may recover previously paid payouts from the player account.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.560, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.560, 461.715 & 461.719
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0045 Voided Bets, Refunds, and Resettlements

(1) In order to maintain the fairness, integrity, security, and honesty of the Lottery and its operations, the Lottery reserves the right to void any share or bet at any time for any reason, even after the bet has been settled, including, but not limited to, when:

(a) The Lottery knows or has reason to believe that the player has engaged in conduct prohibited by any applicable source of law, including but not limited to conduct prohibited by OAR 177-046-0022 or 177-093-0050;

(b) The Lottery knows or has reason to believe that the player does not meet all of the eligibility requirements in OAR 177-046-0022 or 177-093-0015, or the Lottery is unable to verify any of the information that the player provided in order to establish the player account;

(c) The Lottery knows or has reason to believe that the bet was not placed in accordance with all of the requirements of OAR 177-093-0020;

(d) The Lottery knows or has reason to believe the underlying integrity of the sporting event is in question. This includes, but is not limited to, when the Lottery believes a sporting event has been fixed or an individual who placed the bet had unfair advantage because of access to information about an athlete or the sporting event or was in any way involved in the sporting event such as, but not limited to, as a participant (professional or amateur athlete), sports agent, team owner, team employee, league official, referee, coach or similar associated individual or the individual who placed the bet is an immediate family member of such involved or associated person;

(e) The bet was accepted when the account did not have sufficient funds to cover the original bet amount; or

(f) As provided in the terms and conditions, terms of use, or in-game rules.

(2) A player may not initiate a refund on a confirmed bet for any reason.

(3) The Lottery has discretion to issue a refund to players on a confirmed bet only in the following circumstances:

(a) The Lottery has voided a bet under section (1) of this rule.

(b) The Lottery is unable to satisfactorily determine official event results because the sporting event was not held, meaning the sporting event was cancelled or abandoned before completion for reasons including, but not limited to, player illness or inclement weather.

(c) The Lottery has reason to believe the bet was accepted, placed, or confirmed after the advertised start time (except for an in-game bet), the outcome of the sporting event is known, or a material advantage had been achieved, such as, but not limited to, scoring a goal or touchdown or expulsion of an athlete.

(d) The integrity of the sporting event itself is uncertain, such as, but not limited to, suspected cheating or athlete use of prohibited performance-enhancing drugs.

(e) The game resulted in a circumstance that warrants refund in the in-game rules.

(f) When otherwise provided for in the terms of use or in-game rules.

(g) At the discretion of the Lottery for any other reason.

(4) Resettlements: From time to time, operator errors may occur or the governing body may overturn a call or change the final results or score of a sporting event.

(a) Operator error. A player is not entitled to a prize paid in error. The Lottery may recover any such prizes.

(b) Change in official event results. If the governing body changes a sporting event result before making the result official, the Lottery may resettle bets to align with the results of the governing body. However, once the governing body makes final results official and the Lottery accepts them as the official event results, the Lottery shall not recognize any changes to the final score or particular calls within the sporting event.

(5) Prize Forfeiture: As stated in OAR 177-093-0040, a player forfeits their prize when the Lottery voids, invalidates, refunds, or resettles a bet.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, 461.400, 461.440, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0050 Prohibited Conduct

(1) The Lottery has determined that the following conduct negatively impacts the Lottery's constitutional mandate to ensure the fairness, integrity, security, and honesty of the Lottery. Therefore, the following conduct is prohibited:

(a) Conduct that is prohibited in relation to the player account in OAR 177-046-0022;

(b) Conduct that is prohibited by the terms of use that a player has agreed to;

(d) Conduct that is prohibited by these rules or other applicable rule or law;

(e) Using unfair external factors or influences on the game outcome; and

(f) Using software, bots, or other automatic software to manipulate game results or the mobile app or site.

(2) In order to maintain the fairness, integrity, security, and honesty of the Lottery and its operations, the Lottery may close or suspend a player account and will not pay prizes on such shares or bets if the Lottery has any reason to believe that a player has engaged in prohibited conduct described in section (1) of this rule or the integrity of the underlying sporting event has been compromised.

(3) When the Lottery suspects or knows prohibited conduct has occurred or is occurring, the Lottery may inform and share information as the Lottery determines to be appropriate with relevant authorities and third parties including, but not limited to, vendors, law enforcement, governing bodies, credit card companies, and financial institutions.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.200, Or Laws 2019, ch 355, §§ 42-45a, ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260, 461.400 & 461.440
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Or. Admin. R. 177-093-0055 Disputes and Decisions of the Director

(1) Generally, the transaction log database maintained by DraftKings on behalf of the Lottery is the ultimate authority when resolving disputes about whether (or not) a transaction occurred and the details thereof.

(2) An individual who has a complaint or dispute or believes their money or prize has been misallocated, compromised, mishandled, or otherwise unlawfully or improperly withheld or revoked may register a complaint with the Director's designee by e-mailing support@draftkings.com or in writing to 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116.

(3) If the designee's resolution under section (2) of this rule is not satisfactory, the individual may escalate the complaint to the Director of the Oregon State Lottery or the Director's designee for a decision pursuant to OAR 177-046-0160. As stated in OAR 177-046-0160, the decisions of the Lottery Director are final. This includes, but is not limited to, the amount or nature of a prize, the validity of a bet, whether a bet is a winner, whether it was submitted in error or by fraud, and whether a player has won a prize.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.010, 461.200, 461.400, 461.440, ORS 461.120, 461.130, 461.150, 461.190, 461.210, 461.220, 461.230, 461.240, 461.250 & 461.260
LOTT 6-2022, adopt filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary adopt filed 12/17/2021, effective 12/17/2021 through 06/14/2022

Division 94 WIN FOR LIFE

Or. Admin. R. 177-094-0000 Definitions

For the purposes of the Win for Life game, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) “Board” means that portion of the game slip through which a player, either manually or by indicating a Quick Pick, selects a set of four, two-digit numbers from one through seventy-seven which comprise a Win for Life prize category wager. There are five boards on each Win for Life game slip which, depending on the number of boards marked by the player, will produce up to five game plays per game slip.

(2) “Exchange ticket” means a computer-generated, printed paper issued by a terminal to replace a game ticket that had been purchased for play in consecutive Win for Life drawings and was validated as a winning ticket before the latest drawing appearing on the game ticket. An exchange ticket shall contain the exact game play and future drawing date(s) appearing on the validated game ticket it is replacing and shall have all other characteristics of a game ticket except as otherwise stated in these rules. An exchange ticket shall not contain a ticket price.

(3) “Game play” means the player selection of one set of numbers as their Win for Life prize category selection. The Win for Life selection, once properly submitted as described in OAR 177-094-0030, then prompts the terminal to automatically and randomly select fourteen additional sets of numbers. The first two of the fourteen sets apply to the $50,000 prize category, the next four sets apply to the $20,000 prize category, and the last eight sets apply to the $10,000 prize category. All fifteen sets of numbers appear on a ticket for a particular drawing each of which shall be compared to the winning numbers selected at the drawing(s) and appearing on the ticket to determine the prize or multiple prize payment that may be claimed.

(4) “Game ticket” or “ticket” means a computer-generated, printed paper issued by a terminal as a receipt for the game play selected by a player and which contains the following: the caption “Win for Life,” one game play, the date(s) of the drawing(s) in which the ticket shall be played, the number of consecutive drawings on which the ticket shall be played, the identifying number for each drawing, the price of the ticket, a six-digit retailer number, a serial number, and a bar code.

(5) “Prize category” means a subset of the prize structure described in OAR 177-094-0080 which describes the value of the Win for Life prizes.

(6) “Quick Pick” means the random selection of numbers by a terminal which appear as the game play on a ticket.

(7) “Set” means the four, two-digit numbers from one through seventy-seven which are selected by either the player or the terminal as Win for Life wagers.

(8) “Draw game terminal” or “Terminal” has the meaning set forth in OAR 177-070-0005(4).

(9) “Winning numbers” means the four numbers, from one to seventy-seven randomly selected at each drawing, as described in OAR 177-094-0050, which are used to determine whether the game ticket contains winning game plays.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0010 Game Description

(1) Win for Life is a Lottery game based on fifteen horizontal sets of numbers.

(2) Each of the fifteen sets of numbers that match the winning numbers as prescribed by OAR 177-094-0080(1) selected at each drawing on the date(s) indicated on the player’s ticket determine any prize amount won.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0020 Price

(1) General: The minimum price of a ticket for a single drawing is $2.

(2) Consecutive Drawings: The price of a ticket for play in consecutive drawings shall be the price of a ticket for a single drawing ($2.00) multiplied by the number of consecutive drawings in which the ticket will be played. The minimum ticket price for consecutive drawings is $4.00 ($2 x 2 consecutive drawings = $4). A player may purchase tickets for future consecutive drawings up to the maximum permitted by the Lottery.

(3) Game Boards: A game slip contains five boards. Each of the five boards may be used by a player to purchase a single ticket. Therefore, a game slip may be used to purchase up to five tickets. Any game slip indicating a total ticket purchase price greater than that permitted by the Lottery shall be automatically rejected by the terminal.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 2-2009, f. 2-27-09, cert. ef. 3-1-09
LOTT 8-2008(Temp), f. 11-21-08, cert. ef. 11-23-08 thru 5-16-09
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0030 Ticket Purchase, Characteristics, and Restrictions

(1) General: Win for Life tickets may be purchased every day of the year during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours.

(a) Complete a game slip for input into a clerk-operated terminal or player-operated terminal:

(b) Request a Quick Pick from a clerk; or

(3) Completing a Game Slip:

(a) A player must choose a game play or game plays by one of two methods:

(A) A player may select four two-digit numbers from one to seventy-seven on a board on a game slip; or

(B) The player may select the Quick Pick option on a board on a game slip.

(b) A player may choose from one to five game plays per game slip by utilizing one or more of the five boards.

(4) Purchasing a Ticket from a Clerk-Operated Terminal:

(a) After the player completes a game slip and submits it along with the price of the ticket(s) to the clerk, the clerk shall use the terminal to issue the ticket(s) to the player.

(b) Alternately, the player may submit the price of the ticket(s) to a clerk and request that a clerk, without using a game slip, electronically submit a player’s Quick Pick game play selection through the terminal and request game play for a single drawing or consecutive drawings.

(5) Purchasing a Ticket from a Player-Operated Terminal:

(a) A player may purchase a ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal.

(b) Once the player has completed the game slip, inserted it along with the purchase price of the ticket(s) into the terminal, the terminal will issue the ticket(s) to the player.

(c) Alternately, the player may request a Quick Pick game play selection without using a game slip through a player-operated terminal by selecting the Win for Life game option, indicating the number of consecutive drawings to be played, and inserting the purchase price of the ticket. The terminal will then issue a ticket to the player.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0040 Cancellation of Tickets

A player may cancel a Win for Life ticket for a single drawing or consecutive drawings. To cancel a ticket, a player must follow the procedure in OAR 177-046-0060.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0050 Drawings

(1) Win for Life drawings shall normally take place every Monday, Wednesday, and Saturday at approximately 7:30 P.M. or at other times as determined by the Director.

(2) Each drawing shall randomly select four, two-digit numbers from a possible seventy-seven numbers from one to seventy-seven which shall be the winning numbers. The winning numbers selected at each drawing shall be generated through the use of a computer-driven random number generator.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0060 Ticket Validation Requirements

(1) For a ticket to be valid and eligible to receive prize payment, the ticket must be validated in accordance with the provisions of OAR chapter 177.

(2) A game ticket containing a winning game play which was also wagered in subsequent, consecutive drawings may be validated prior to the occurrence of future drawings for which the game ticket was purchased. An exchange ticket shall be issued at the time the original game ticket is validated for the remainder of the drawings appearing on the validated game ticket. An exchange ticket shall also be issued at the time a previously issued exchange ticket is validated for the remainder of the drawings appearing on the validated exchange ticket.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0080 Prizes

(1) General: Prizes for a winning ticket are determined by matching each horizontal set in the ticket’s game play with the winning numbers from the relevant drawing. [Table not included. See ED. NOTE.]

(2) Prize Percentage Payout: The number of prizes for the Win for Life game is not predetermined by the Lottery. The overall prize percentage payout for the Win for Life game is estimated at approximately 65% over time, but the actual prize payout may vary from day-to-day and year-to-year due to factors that include, but are not limited to, the numbers of players participating each day and the number of winning wagers.

(3) Disputes: In the event of a dispute over the value of a prize or whether a ticket contains winning numbers or is a winning ticket, the Director’s determination is controlling.

(4) Multiple Prizes:

(a) Subject to the validation requirements in OAR 177-094-0060, for each drawing, a player may receive multiple prizes on each ticket for which a ticket containing a winning game play is eligible.

(b) Only the top-prize associated with each set of numbers within the Win for Life, $50,000, $20,000, and $10,000 prize categories shall be paid.

(5) Claiming a Prize: Prize payments must be claimed, and shall be made, in accordance with the provisions of OAR 177-046-0110 and 177-070-0025. Notwithstanding OAR 177-070-0025(2) and subject to section (7) of this rule, a person who claims a Win for Life top prize of $1,000 a week for life must present the winning ticket and completed claim form in person, at Lottery Headquarters.

(6) Payment of Prizes: Upon validation of a winning ticket, a prize resulting from that winning ticket shall be paid to the prize winner in one lump-sum except for the Win for Life prize of $1,000 per week for life.

(7) Win for Life Top Prize:

(a) General: The Win for Life top prize is $1000 per week for life. Only one natural person may own a winning ticket for the Win for Life top prize of $1,000 per week for life, and claim the Win for Life top prize of $1,000 per week for life. Notwithstanding OAR 177-046-0110(6), a winning ticket of the Win for Life top prize cannot be owned jointly and the top prize will only be paid to the owner of the winning ticket.

(b) Ownership: Only one natural person may sign a Win for Life top prize of $1000 per week for life winning ticket. A winning ticket of a Win for Life top prize is owned by the natural person who first signs the ticket and cannot be claimed by multiple owners. In the event a single winning ticket is signed by more than one natural person, the natural persons who signed the ticket must identify the natural person who first signed the ticket on a form provided by the Lottery.

(A) No Relinquishment: Notwithstanding OAR 177-046-0110(6)(c), ownership of a winning ticket of a Win for Life top prize of $1000 per week for life cannot be relinquished.

(B) Deceased Signatory: If the owner of a winning ticket of a Win for Life top prize dies before the prize is claimed, the personal representative of the owner’s estate as appointed by a court, may claim the prize on behalf of the owner’s estate. The maximum prize is $260,000 as set forth in subsection (f) and will be paid by the Lottery to the owner’s estate in one lump sum. The provisions of this rule control over any conflicting provision of OAR 177-046-0120.

(c) Payment Options: The Win for Life top prize is $1,000 per week for life and shall be paid, based upon a selection made by the prize winner, either as:

(A) Weekly: A prize payment of $1000 each week beginning on the date prize payment is initiated upon validation of the winning ticket and thereafter on the same day each week, or if such day falls on a non-business day, then the next business day; or

(B) Annually: A payment of $52,000 paid annually beginning on the date prize payment is initiated upon validation of the winning ticket and thereafter on the anniversary date of the first payment, or if such date falls on a non-business day, then the first business day following the anniversary date of the first payment.

(d) Payments to Cease upon Winner’s Death: The Win for Life top prize of $1,000 per week for life will be paid to the prize winner until such time as the prize winner dies at which time all further prize payments shall cease.

(e) Five-Year Guaranteed Payment: Notwithstanding subsection (d) of this section, if the prize winner dies within five years of the date of prize validation, a claim for the remaining prize amount may be submitted as provided in OAR 177-046-0120 and the Lottery shall pay any remaining prize payments the prize winner would have received within the first five years after prize validation in one lump sum to the individual designated on a beneficiary designation form or to the prize winner’s estate.

(f) Maximum Five-Year Guaranteed Payment: Notwithstanding subsections (d) and (e) of this section, for Win for Life tickets purchased on or after December 1, 2010, if the prize winner dies within five years of the date of prize validation and a claim for the remaining prize amount is submitted as provided in OAR 177-046-0120, the Lottery shall pay any remaining prize payment the prize winner would have received within the first five years after prize validation in one lump sum as provided in OAR 177-046-0120, but only up to a maximum of $260,000.

(g) Election of Payment Schedule:

(A) Limitations of Election: At the time of the validation of a winning Win for Life ticket for the top prize of $1000 per week for life, the prize winner of the top prize must elect either the weekly or annual prize payment schedule described in subsection (c) of this section. A prize winner who elects the annual payment schedule cannot subsequently convert to the weekly payment schedule. The election of the annual payment schedule is irrevocable. A prize winner who elected the weekly payment schedule may convert to the annual payment schedule at any time, and the Lottery will issue payment to the prize winner for the sum of the remaining weekly payments from that date to the next anniversary date. Subsequent annual payments will be made on the anniversary date.

(B) Election When Child Support Owed: Notwithstanding subsection (A) of this subsection and subsection (g) of this section, when a search of delinquent child support obligors performed pursuant to ORS 461.715 and OAR 177-010-0090 Child Support Validation Check results in a positive match with the prize winner and the Division of Child Support of the Department of Justice or its successor initiates garnishment proceedings, the prize winner of the Win for Life top prize of $1,000 per week for life has no payment options from which to select and will be placed on the annual payment schedule as described in subsection (7)(c)(B) of this section. This placement on the annual payment schedule is irrevocable.

(C) Conversion to Annual Payment Schedule upon Garnishment from Department of Justice (DOJ): Upon receipt of garnishment proceedings from DOJ directed to the Lottery for monies due or to become due to a prize winner receiving weekly payments under the Win for Life top prize of $1000 per week for life, the Lottery will place that prize winner on the annual payment schedule as described in subsection (7)(c)(B) of this section. Conversion of the prize winner’s payment schedule from weekly to annual under this section of the rule is irrevocable. The Lottery shall make payments to such a prize winner as follows:

(i) Payment Less Garnishment Amounts: Within a reasonable time after the disposition of the garnishment proceeding, the Lottery shall pay the prize winner the sum of the prize winner’s weekly payments from the date the Lottery placed the prize winner’s payments on hold to the prize winner’s next anniversary date less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws.

(ii) Subsequent Payments: The Lottery shall make any subsequent annual payments, less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws, on the anniversary date of the validation of the prize or on the next business day following if the anniversary date is a Saturday, Sunday, holiday or furlough closure day.

(h) Limitation on Prize Amount for Multiple Top Prize Winning Tickets: Where there are more than three winning tickets in a single Win for Life drawing, the maximum combined annual top prize payout for a single Win for Life drawing is $156,000.

(A) More Than Three Winning Tickets: Notwithstanding the $1,000 per week amount referred to in this rule, if there are more than three winning tickets for a Win for Life top prize of $1,000 per week for life in a single drawing, the annual top prize payment per winning ticket shall be limited to $156,000 divided by the number of winning tickets of the Win for Life top prize in that drawing.

(B) Example: For example, if there are four Win for Life top prize winning tickets in a single drawing, the annual top prize amount is calculated by dividing 4 into $156,000 which equals $39,000 as the annual prize payment amount per each winning ticket.

(C) Payment: Notwithstanding subsection (g) of this section, the prize winner will be paid on an annual prize payment schedule. This placement on the annual prize payment schedule is irrevocable.

(D) Effect of Subsequent Events: Subsequent events, including, but not limited to, the death of one of the prize winners, shall not alter the other prize winners’ original pro rata share of the calculated prize amount.

(E) Division of Prize: If there are multiple winners of the Win for Life top prize in a single drawing such that the prize cannot be divided equally among the winners to a whole cent, the prize payments may be rounded down so that the prize may be divided equally and paid to the nearest whole cent to each winner. Breakage from rounding the prize shall be treated as an unclaimed prize by the Lottery.

(F) Example: If there are seven Win for Life top prize winning tickets in a single drawing, the annual top prize amount paid to each winner is calculated by dividing 7 into $156,000 which equals $22,285.714285 The Lottery shall round that amount down to $22,285.71 which totals $155,999.97 paid to the seven winners. The breakage of three cents shall then be treated as an unclaimed prize.

(i) Initiation of Payment: Prize payment is initiated upon validation of a winning ticket.

(j) Electronic Fund Transfer: After the initial prize payment issued to a Win for Life top prize winner, the Lottery shall pay both weekly and annualized Win for Life prize installments via electronic funds transfer in the usual course of Lottery business. This section shall control over any conflicting provision in OAR 177-046-0110.

(k) Annual Affidavit Required:

(A) General: Once each year and no earlier than thirty days prior to the anniversary of the original validation date, a prize winner of a Win for Life top prize of $1,000 per week for life shall provide the Lottery with an affidavit on a form provided by the Lottery, signed by the prize winner, bearing the seal of a notary public, verifying the prize winner is living, containing the prize winner’s current address, and a bank account number to which the prize shall be paid.

(B) Termination of Prize: If a prize winner of a Win for Life prize of $1,000 per week for life does not provide the Lottery with the affidavit described in subsection (i)(A) of this section, then the Lottery shall not make further prize payments to the prize winner. If the failure of a prize winner to provide the affidavit continues to the next anniversary of the validation date, the remainder of the prize shall be terminated.

(C) Exception: Notwithstanding paragraph (B) of this subsection, when it is reasonable and prudent to do so based on the facts underlying a prize winner’s failure to provide an annual affidavit, the Director may authorize prize payment even though an affidavit has not been provided or is not timely provided. No interest shall be paid by the Lottery on the value of the prize during the period a prize remained unclaimed.

(l) Death During a Payment Year: If a prize winner of a Win for Life top prize of $1,000 per week for life dies after five years have elapsed from the date of validation and if a sequence of weekly prize payments are paid over the course of the year in which the prize winner dies or if a single annual prize payment has been paid prospectively to the winning player for that year, the prize could be overpaid. It is the policy of the Lottery that the difference between the prize that should have been paid based on the date of the death of the prize winner relative to the anniversary date of validation of the prize and the prize amount that was actually paid during the year in which the prize winner died will not be subject to reimbursement by the Lottery. Any prize payment paid after the year in which the prize winner dies relative to the anniversary date of validation of the prize shall be subject to reimbursement to the Lottery.

(m) Non-Assignability: A Win for Life top prize of $1,000 per week for life is based on the unknown duration of the life of the prize winner and is therefore a prize of unspecified value and uncertain periodicity. Consequently, a Win for Life top prize of $1,000 per week for life is not a future periodic prize payment as described in ORS 461.253(1) and cannot be assigned, gifted, sold, or transferred in any manner from the winner to another person or entity except under the circumstances as described in subsection (d), (e), and (f) of this rule.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 9-2016, f. 9-30-16, cert. ef. 10-1-16
LOTT 4-2016(Temp), f. 7-14-16, cert. ef. 8-9-16 thru 1-31-17
LOTT 8-2012, f. 11-30-12, cert. ef. 12-16-12
LOTT 4-2012(Temp), f. & cert. ef. 6-29-12 thru 12-21-12
LOTT 11-2010, f. 11-19-10, cert. ef. 12-1-10
LOTT 20-2002, f. & cert. ef. 9-30-02
LOTT 8-2002(Temp), f. & cert. ef. 7-15-02 thru 1-3-03
LOTT 7-2001, f. 4-25-01, cert. ef. 4-26-01
LOTT 1-2001(Temp), f. & cert. ef. 1-22-01 thru 7-21-01
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0085 Retailer Selling Bonus

(1) General: For the purposes of OAR 177-040-0025(2)(a), a retailer who sells any winning and validated Win for LifeSM top prize of $1,000 per week for life shall receive a bonus of $13,000 which is based on one percent (1%) of an estimated prize value of $52,000 per year paid over a period of 25 years ($52,000 x 25 = $1,300,000 x .01 = $13,000).

(2) Multiple Top Prize Winning Tickets: Notwithstanding section (1) of this rule, if the Win for LifeSM top prize of $1,000 per week for life is reduced in accordance with OAR 177-094-0080(7)(g), the selling retailer shall receive a bonus based on one percent of the actual prize amount paid over a period of 25 years. For example, if the prize value paid is $31,200 per year, the bonus shall be $31,200 x 25 = $780,000 x .01 = $7,800.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 8-2012, f. 11-30-12, cert. ef. 12-16-12
LOTT 4-2012(Temp), f. & cert. ef. 6-29-12 thru 12-21-12
LOTT 29-2002, f. & cert. ef. 11-25-02
LOTT 18-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 11-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 177-094-0100 Annual Affidavit Required for Prize Winners of the Win for LifeSM Scratch-itSM Ticket Game

This rule applies retroactively to the Win for LifeSM Scratch-itSM ticket game that began April 4, 1995 and ended February 29, 1996.

(1) Definitions: The definitions in OAR 177-094-0000 do not apply to this rule.

(a) “Original validation date” or “date of validation” is the date the Lottery determined that the prize winner’s Win for LifeSM Scratch-itSM ticket was valid and eligible for payment of the top prize of $1,000 per month for life.

(b) “Scratch-itSM” has the meaning set forth in OAR 177-050-0002.

(2) Annual Affidavit Required:

(a) General: Beginning April 1, 2014, once each year and no earlier than thirty days prior to the anniversary of the original validation date, a prize winner of a Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life shall provide the Lottery with an affidavit on a form provided by the Lottery, signed by the prize winner, bearing the seal of a notary public, verifying the prize winner is living, containing the prize winner’s current address, and a bank account number to which the prize shall be paid.

(b) Termination of Prize Payment: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life does not provide the Lottery with the annual affidavit described in subsection (2)(a) of this rule, then the Lottery shall not make the annual prize payment of $12,000 to the prize winner until the affidavit is received. Lottery shall retain that year’s annual prize payment for six years from the anniversary of the original validation date unless the affidavit is received. If the prize winner fails to provide an annual affidavit within the six-year period, that year’s annual prize payment shall constitute an unclaimed prize as described in OAR 177-010-0085 and shall be forfeited to the public purpose.

(c) Interest: No interest shall be paid by the Lottery on the value of the prize during the period the prize remained unclaimed.

(3) Garnishment for Child Support Owed:

(a) Payment Less Garnishment Amounts: When a search of delinquent child support obligors performed pursuant to ORS 461.715 and OAR 177-010-0090 Child Support Validation Check results in a positive match with a prize winner receiving payments under the Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life and the Division of Child Support of the Department of Justice (DOJ) or its successor initiates garnishment proceedings, or upon receipt of garnishment proceedings from DOJ directed to the Lottery for monies due or to become due to a prize winner, the Lottery shall pay the prize winner the sum of the prize winner’s monthly payments from the date the Lottery placed the prize winner’s payments on hold to the prize winner’s next anniversary of the original validation date less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws.

(b) Subsequent Payments: The Lottery shall make any subsequent annual payments, less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws, on the anniversary date of the validation of the prize or on the next business day following if the anniversary date is a Saturday, Sunday, holiday, or furlough closure day.

(4) Death During a Payment Year: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life dies within a year for which a single annual prize payment has been paid prospectively to the winning player for that year, the prize could be overpaid. It is the policy of the Lottery that the difference between the prize that should have been paid based on the date of the death of the prize winner relative to the anniversary date of validation of the prize and the prize amount that was actually paid during the year in which the prize winner died will not be subject to reimbursement by the Lottery. If for any reason a prize payment is paid after the year in which the prize winner dies relative to the anniversary date of validation of the prize, the prize payment shall be subject to reimbursement to the Lottery.

History

Statutory/Other Authority: ORS 461, 461.210, 461.220, 461.250, 461.715, OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461, 461.210, 461.220, 461.250 & 461.715
LOTT 1-2014, f. 3-21-14, cert. ef. 4-6-14

Division 98 MEGA MILLIONS

Or. Admin. R. 177-098-0000 Purpose

These rules establish the requirements for playing Mega Millions, a lotto game operated through a Cross-Sell Agreement for the selling of the Mega Millions Game by the Multi-State Lottery Association (hereinafter referred to as “MUSL”), of which the Oregon State Lottery is a member.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0010 Definitions

The following definitions apply unless the context requires a different meaning:

(1) “Advertised Jackpot Prize” means the estimated annuitized Mega Millions Jackpot amount as determined by the Mega Millions Lotteries. The advertised Jackpot prize is not a guaranteed prize amount and the actual Mega Millions Jackpot amount may vary from the advertised amount, except in circumstances where there is a guaranteed Mega Millions Jackpot amount as described in OAR 177-098-0060(5).

(2) “Finance Committee” means the committee established by the Multi-State Lottery Association.

(3) “Game ticket” or “ticket” means the physical evidence of a play or plays, printed on paper that meets the play and security data required by the Lottery, these rules, and the MUSL rules that allow redemption of a prize. Tickets shall be printed by terminals as permitted by the Lottery.

(4) “Jackpot” or “Jackpot Prize” refers to the top prize in the Mega Millions game.

(5) “Mega Millions Lotteries” means those lotteries that have reached a Cross-Sell Agreement with MUSL for the selling of the Mega Millions game. The Mega Millions lotteries determine the Advertised Jackpot Prize amount (cash value option and annuity).

(6) “Mega Millions Plays” means plays purchased for the Mega Millions game.

(7) “Multiplier” means a unique number that is automatically selected by computer software according to the frequency set forth in OAR 177-098-0050 for each Mega Millions play.

(8) “MUSL” means the Multi-State Lottery Association, a government benefit association wholly owned and operated by the Party Lotteries.

(9) “MUSL Board” means the governing body of MUSL, which is comprised of the chief executive officer of each Party Lottery.

(10) “Number set” means that area of the play slip which contains sets of numbers to be marked by the player.

(11) “Participating Lottery” or “Selling Lottery” means a state lottery or lottery of a political subdivision or entity which is participating in selling the Mega Millions game and which may be a member of either MUSL or the Mega Millions lotteries. In context, “selling lottery” may refer to the participating lottery which sold a particular play.

(12) “Party Lottery” means a state lottery or lottery of a political subdivision or entity, which has joined MUSL and that has joined in selling the games offered by the MUSL Mega Millions Product Group.

(13) “Play” or “bet” means a physical or electronic means by which a player communicates their intended play selection to the retailer as defined and approved by the Lottery. As used in these rules, “play” or “bet” means a Mega Millions play.

(14) “Play slip" or "Bet slip” means a physical or electronic means by which a player communicates their intended play selection to the retailer as defined and approved by the Lottery. A Play Slip or Bet Slip is not a ticket.

(15) “Product Group” or “the Group” means the group of lotteries that has joined together to offer the Mega Millions lottery game product pursuant to the terms of a Cross-Sell Agreement with the Mega Millions Lotteries, the Multi-State Lottery Agreement, and the Product Group’s own rules.

(16) “Quick Pick” means the random selection of game play number indicia by the Lottery’s computer gaming system that appear on a ticket and are played by a player in the game.

(17) “Retailer” means a person or entity authorized by the Lottery to sell lottery tickets.

(18) “Set Prize,” also referred to as “low-tier prize,” means all other prizes except the Jackpot Prize and, except in instances outlined in these rules, will be equal to the prize amount established by the Mega Millions Lotteries.

(19) “Terminal” means a device that meets all security and definitional requirements of the Lottery and MUSL rules, and which is authorized by the Lottery to function in an on-line, interactive mode with the Lottery's computer gaming system for the purpose of issuing lottery tickets and entering, receiving, and processing lottery transactions, including purchases, validating tickets, and transmitting reports.

(20) “Winning numbers” means the game results selected during an official drawing event performed by the Mega Millions lotteries, and are used by the Mega Millions lotteries to determine winning plays contained on a game ticket.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 6-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 12-2010, f. 11-19-10, cert. ef. 12-12-10
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0020 Game Description

(1) General Information: Mega Millions is a five (5) out of seventy (70) plus one (1) out of twenty-four (24) lottery game, drawn on the day(s), time(s) and location(s) as determined by the Mega Millions Lotteries. Each Mega Millions play will include a multiplier, which is a unique number that is automatically selected by computer software according to the frequency set in OAR 177-098-0050 and printed directly on a Mega Millions ticket. The multiplier increases non-Jackpot Prizes by two times, three times, four times, five times, or ten times the prize won. A Jackpot Prize will be paid at the election of the player made in accordance with these rules or by a default election made in accordance with these rules, either on a graduated annuitized annual pari-mutuel basis or as a cash value option using a rate determined by the Mega Millions Lotteries on a pari-mutuel basis. Except as provided in these rules, all other prizes are paid on a single payment basis.

(2) Winning Numbers: Mega Millions winning numbers applicable to determine Mega Millions prizes will be determined on the day(s), time(s), and location(s) as determined by the Mega Millions lotteries. During a drawing event, five (5) numbers shall be drawn from the first field of seventy (70) numbers, and one (1) number shall be drawn from the second field of twenty-four (24) numbers, which shall constitute the winning numbers. For each Mega Millions play, a multiplier will be automatically selected by computer software according to the frequency set forth in OAR 177-098-0050.

(3) Selection of Numbers: To play Mega Millions, a player shall select (or computer pick) five (5) different numbers, from a field of one (1) through seventy (70), and one (1) additional number from a second field of one (1) through twenty-four (24). The player selected (or computer picked) number from the second field may be the same as one of the five numbers selected from the first field. A computer-generated multiplier will be included on each Mega Millions play purchased and will multiply lower tier prizes only. The multiplier is including in the price of a Play and is not an add-on. The multiplier is further defined in OAR 177-098-0050.

(4) Purchase of Tickets: Tickets can be purchased for five dollars (U.S. $5.00), either from a terminal operated by a retailer (i.e., a clerk-activated terminal) or from a terminal operated by the player (i.e., a player-activated terminal).

(a) Purchase from Retailer: If purchased from a retailer, the retailer will issue a ticket, via the terminal, containing the player’s selected set or sets of numbers or other indicia, each of which constitutes a game play. The player may select a set of five (5) numbers from one (1) to seventy (70) and one (1) additional number from one (1) through twenty-four (24) by:

(A) Marking six numbered squares in any one number set on a play slip and submitting the play slip to the retailer; or

(B) Requesting “Quick Pick” from the retailer.

(b) Player-activated Terminal: Tickets can be purchased from a player-activated terminal by use of a touch screen or by inserting a play slip into the machine.

(c) Future Drawings: A player may purchase tickets for future consecutive drawings up to the maximum permitted by the Lottery.

(5) Player Responsibility: It is the sole responsibility of the player to verify the accuracy of the game play or plays and other data printed on the ticket. A ticket may not be voided or canceled by returning the ticket to the retailer or to the Lottery, including tickets that are printed in error. No ticket may be returned to the Lottery for credit. The placing of plays is done at the player’s own risk through the Lottery retailer, who when entering the play or plays is acting on behalf of the player. When the purchase of a ticket fails to complete because the ticket does not print, the player is responsible for notifying the retailer prior to the drawing(s) on the ticket to obtain a refund or a replacement ticket.

(6) Printed Plays: Plays shall be sold through the Lottery and shall be printed on paper that meets the security requirements for paper used in the Lottery's other games and other requirements adopted by the MUSL Board and the Product Group.

(7) Entry of Plays: Plays may only be entered as approved by the Lottery. Retailers shall not permit the use of play slips that are not allowed by the Lottery. Retailers shall not permit any device to enter plays, except as allowed by the Lottery.

(8) Determination of Winning Numbers: The winning numbers for the Mega Millions game shall be determined at a drawing conducted under the supervision of the Mega Millions Lotteries and the MUSL Board. Winning numbers shall be selected at random with the aid of mechanical drawing equipment or a random number generator. The Lottery Director shall designate a Drawing Manager who shall review and randomly observe the Mega Millions game drawings conducted.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 7-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0030 Prize Claims

(1) General: A ticket, subject to the validation requirements set forth in these rules and OAR 177-070-0035, is the only proof of a game play or plays and the submission of a winning ticket to the Lottery or an authorized retailer as required by these rules is the sole method of claiming a prize or prizes, except that a Jackpot Prize (and a Match 5 prize) must be claimed in person at Lottery Headquarters or at a Lottery Branch, unless the ticket specifies that it must be claimed at Lottery Headquarters. A play slip, paper receipt, or printed summation of a play printed by a terminal which is not a ticket has no pecuniary or prize value and does not constitute evidence of ticket purchase or of numbers selected.

(2) Prize Claims: Mega Millions prize claim procedures are governed by the administrative rules of the Oregon State Lottery. MUSL and the selling lotteries are not responsible for Mega Millions prizes that are not claimed following the proper procedures as determined by the Director.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0040 Mega Millions Prize Pool

(1) Prize Pool: The prize pool for all prize categories offered by the Party Lotteries shall consist of up to fifty-five percent (55%) of each drawing period's sales, inclusive of contributions to the prize pool accounts and prize reserve accounts, but may be higher or lower based upon the number of winners at each prize level, as well as the funding required to meet a guaranteed Annuity Mega Millions Jackpot Prize as may be required by OAR 177-098-0060(5).

(2) Mega Millions Prize Pool Accounts and Prize Reserve Accounts: The Product Group shall set the contribution rates to the prize pool and the prize pool and prize reserve accounts it has established.

(a) Prize Reserve Accounts: The Product Group has established the Prize Reserve Account (PRA), which is used to guarantee the payment of valid, but unanticipated, Jackpot Prize claims that may result from a system error or other reason, to fund deficiencies in the Set-Aside Pool, and to fund pari-mutuel prize deficiencies as defined and limited in subsection (3)(c) of this rule.

(b) Prize Pool Accounts: The Product Group has established the following prize pool accounts for the Mega Millions games:

(A) The Jackpot Prize Pool (JPP), which is used to fund the current Jackpot Prize;

(B) The Set Prize Pool (SPP), which is used to fund the set or lower tier prizes. The SSP holds the temporary balances that may result from having fewer than expected winners in the Set Prize categories. The source of the SSP is the Party Lotteries’ weekly prize contributions less actual Set Prize liability; and

(C) The Set-Aside Pool (SAP), which is used to fund the payment of the awarded minimum starting annuity Mega Millions Jackpot Prizes and the minimum annuity Mega Millions Jackpot Prize increase, if necessary (subject to the limitations in these rules), as may be set by the Product Group. The source of the SAP funding shall accumulate from the difference between the amount in the Mega Millions Jackpot Prize Pool at the time of a Mega Millions Jackpot Prize win and the amount needed to fund Mega Millions Jackpot Prize payments as determined by the Mega Millions lotteries.

(c) Balance Limits: The maximum balance amounts and balance limit triggers are subject to review by the MUSL Finance Committee. The Finance Committee shall have two weeks to state objections, if any, to the approved maximum balance amounts or balance limiter triggers. Approved maximum balance amounts or balance limiter triggers shall become effective no sooner than two weeks after notice is given to the Finance Committee and no objection is stated or sooner if the Committee affirmatively approves the maximum balance amounts or balance limiter triggers. The Group may appeal the Committee’s objections to the full Board. Group approved changes in the maximum balance amounts or balance limiter triggers set by the Product Group shall be effective only after the next Mega Millions Jackpot Prize win.

(d) Contribution Rate: The contribution rate to the Jackpot Prize Pool (JPP) from Mega Millions is 27.6305 percent of sales. An amount up to five percent of a Party Lottery’s sales shall be added to a Party Lottery’s Mega Millions Prize Pool contribution and placed in trust in one or more prize pool and prize reserve accounts held by the Product Group at any time that the Party Lottery’s share of the Prize Reserve Account (PRA) is below the amounts designated by the Product Group.

(e) Balances: The Product Group may determine to expend all or a portion of the funds in the prize pool accounts (except the Jackpot Prize Pool) and the prize reserve accounts as follows:

(A) For the purpose of indemnifying the Party Lotteries in the payment of prizes to be made by the Selling Lotteries; and

(B) For the payment of prizes or special prizes in the game; limited to prize pool and prize reserve contribution from lotteries participating in the special prize promotion, subject to the approval of the MUSL Board’s Finance Committee or that Committee’s failure to object after being given two weeks’ notice of the planned action, which actions may be appealed to the full Board by the Product Group.

(f) Adjustments: The prize reserve shares of a Party Lottery may be adjusted with refunds to the Party Lottery from the prize reserve account(s) as may be needed to maintain the approved maximum balance and sales percentage shares of the Party Lotteries.

(g) Sales Percentage Share: A Party Lottery may contribute to its sales percentage share of prize reserve accounts over time, but in the event of a draw down from a reserve account, a Party Lottery is responsible for payment of its full sales percentage share of the prize reserve account.

(h) Remaining Balances: Any amount remaining in the Mega Millions prize pool accounts or prize reserve accounts when the Product Group declares the end of the game shall be returned to the lotteries participating in the prize pool and prize reserve accounts after the end of all claim periods of all Selling Lotteries, carried forward to a replacement game, or otherwise expended in a manner at the election of the individual Members of the Product Group in accordance with the laws of the jurisdiction.

(3) Expected Prize Payout: The Mega Millions Jackpot Prize payout shall be determined on a pari-mutuel basis. Except as otherwise provided in these rules, all other prizes awarded by party lotteries shall be paid as single payment prizes. All prize payouts are made with the expected prize payout percentages in OAR 177-098-0050, which does not include any additional amount contributed to or held in prize reserves, although the prize payout percentages per draw may vary.

(a) Division of Jackpot Prize among Winners: The Jackpot Prize amount shall be divided equally by the number of Mega Millions plays winning the Jackpot Prize.

(b) Set Prizes: The Set Prize Pool (for payment of single payment prizes of $1,000,000 or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the Set Prizes awarded in the current draw.

(A) Available Resources: Except as otherwise provided for in paragraph (C) of this subsection, if the total of the Mega Millions Set Prizes (as multiplied by the respective multiplier if applicable) awarded in a drawing exceeds the percentage of the prize pool allocated to the Mega Millions Set Prizes, then the amount needed to fund the Mega Millions Set Prizes awarded shall be drawn from the following sources, in the following order:

(i) The amount available in the Set Prize Pool (SPP), if any;

(ii) An amount from the Prize Reserve Account (PRA) described in section (2) of this rule, if available, not to exceed $40,000,000 per drawing.

(B) Lack of Sufficient Prize Funds: If, after these sources are depleted, there are not sufficient funds to pay the Set Prizes, then the highest Set Prize shall become a pari-mutuel prize. If the amount of the highest Set Prize, when paid on a pari-mutuel basis, drops to or below the next highest Set Prize and there are still not sufficient funds to pay the remaining Set Prizes awarded, then the next highest Set Prize shall become a pari-mutuel prize. This procedure shall continue down through all Set Prize levels, if necessary, until all Set Prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this rule shall be divided among the winning plays in proportion to their respective prize percentages. Mega Millions prizes will be reduced by the same percentage.

(C) Independent Calculations: By agreement with the Mega Millions Lotteries, the Mega Millions Lotteries shall independently calculate their set pari-mutuel prize amounts. The Party Lotteries and the Mega Millions Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently calculated prize amounts.

(4) Advertised Jackpot Prize Annuity Amount: Except as required by OAR 177-098-0060, the official advertised Mega Millions Jackpot annuity amount is subject to change based on sales forecasts and/or actual sales.

(5) Changes to Prize Categories: The number of prize categories and the allocation of the prize fund among the prize categories may be changed at the discretion of the Mega Millions Lotteries, for promotional purposes. Such change shall be announced by the Mega Millions Lotteries.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 7-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 12-2010, f. 11-19-10, cert. ef. 12-12-10
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0050 Prize Structure

(1) Prize Structure: The matrix of 5/70 and 1/24 with an anticipated prize payout is shown below and applies to all Product Group members with respect to the Jackpot Prize and will apply for all Product Group members for the second through ninth level prizes. The following table sets forth the odds of winning and the probable distribution of winners in and among each prize category for Mega Millions plays sold by party lotteries, based upon the total number of possible combinations in Mega Millions. All prize payouts are made with the following expected prize payout percentages, which does not include any additional amount contributed to or held in prize reserves, although the prize payout percentages per draw may vary:

(2) Multiplier frequency and odds: The multiplier shall apply to all prize levels except the Jackpot Prize. The multiplier increases non-Jackpot Prizes by two times, three times, four times, five times, or ten times the prize won. The multiplier shall print directly on, or be applied to each play on a ticket. Multipliers may repeat due to the frequency and limited Multiplier levels as shown below. The multiplier frequency and odds are as follows:

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 7-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0060 Prize Payment

(1) Selection of Payment Type: Except as provided otherwise in section (2) of this rule, Mega Millions Jackpot Prizes shall be paid, at the election of the player made no later than 60 days after validation of the prize, with either a per winner annuity or cash payment. If the payment election is not made by the player within 60 days after validation, then the prize shall be paid as an annuity prize. An election made after validation is final and cannot be revoked, withdrawn, or otherwise changed.

(2) Multiple Claimants: Unless an exception is approved, when a Jackpot Prize is claimed jointly under OAR 177-046-0110(5), each claimant must select the same payment type, either cash value option or annuity.

(3) Share of the Jackpot Prize: Shares of the Jackpot Prize shall be determined by dividing the amount available in the Jackpot Prize Pool equally among all tickets with winning game plays of the Jackpot Prize in all participating lotteries. The prize money allocated from the current Mega Millions Grand Prize Pool for the Mega Millions Jackpot Prize will be divided equally among all Mega Millions Jackpot Prize winning plays in all participating lotteries.

(4) Cash Value Option: In the event of a prize winner who selects the cash value option, the prize winner’s share shall be paid in a single payment upon completion of internal validation procedures. The cash value option shall be determined by the Mega Millions lotteries.

(5) Initial and Annual Annuitized Payments: If an annuity is chosen, it shall be paid in 30 consecutive graduated annual installments by the Lottery, with graduated annual installments as defined by the Mega Millions Lotteries in the Mega Millions Finance and Operations Procedures. The initial payment shall be paid upon completion of internal validation procedures. The subsequent twenty-nine (29) payments shall be paid annually to coincide with the month of the federal auction date at which the bonds were purchased to fund the annuity. All such payments shall be made within seven (7) days of the anniversary of the annual auction date.

(6) Jackpot Prizes and Increases: The Mega Millions Lotteries may set a minimum guaranteed annuity Jackpot Prize amount that shall be advertised by the selling lotteries as the starting guaranteed annuity Jackpot Prize amount.

(7) Rollover of Jackpot Prize: If, in any Mega Millions drawing there are no Mega Millions plays that qualify for the Mega Millions Jackpot Prize category, the portion of the prize fund allocated to such Jackpot Prize category shall remain in the Mega Millions Jackpot Prize category and be added to the amount allocated for the Mega Millions Jackpot Prize category in the next consecutive Mega Millions drawing.

(8) Funding the Annuity: Funds for the initial payment of an annuitized prize or cash value option prize shall be made available by MUSL for payment by the Party Lottery on a schedule approved by the Product Group. If individual shares of the Mega Millions Jackpot Prize Pool funds held to fund an annuity is less than $250,000, the Product Group, in its sole discretion, may elect to pay the winners their share of the cash held in the Mega Millions Jackpot Prize Pool. Neither MUSL nor the party lotteries shall be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to MUSL.

(9) Lack of Available Funds: If necessary, when the due date for the payment of a prize occurs before the receipt of funds in the prize pool trust sufficient to pay the prize, the transfer of funds for the payment of the full cash value option amount may be delayed pending receipt of funds from the Party Lotteries or other lotteries participating in the Mega Millions Game. A Party Lottery may elect to make the initial payment from its own funds after validation, with notice to MUSL.

(10) Death of Winner: In the event of the death of a lottery winner during the annuity payment period, unless prohibited by state law, the MUSL Finance Committee, in its sole discretion excepting a discretionary review by the Product Group, upon the petition of the estate of the lottery winner (the "Estate") or the persons identified on the winner’s Beneficiary Designation form (BDF), whichever is applicable, to the state lottery of the state in which the deceased lottery winner purchased the winning ticket, and subject to applicable federal, state, or district laws, may make payment to the Estate or the designated beneficiary of the discounted present value of the remaining annuitized prize payments. If such a determination is made, then securities and/or cash held to fund the deceased lottery winner's annuitized prize may be distributed to the Estate or the persons on the BDF. The identification of the securities to fund the annuitized prize is at the sole discretion of the Finance Committee or the Product Group.

(11) No Recourse: If a party lottery purchases or holds the prize payment annuity for a prize won in that jurisdiction, that party lottery’s game rules, and any prize payment agreement with the prize winner, shall indicate that the prize winner has no recourse against MUSL or any other party lottery for payment of that prize.

(12) Prize Payments: All prizes are paid through the Lottery that sold the winning play(s), and at the discretion of the Selling Lottery may be paid by cash, check, warrant, or electronic transfer. The Lottery may begin paying set or low-tier prizes after receiving authorization to pay from the MUSL central office.

(13) Rounding of Prize Payments: Annuitized payments of the Mega Millions Jackpot Prize or a share of the Mega Millions Jackpot Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized Mega Millions Jackpot Prize win shall be added to the first payment to the winner or winners. Prizes other than the Jackpot Prize that, under these rules, may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing.

(14) One Prize per Game Play: The holder of a winning Mega Millions play may win only one (1) prize per play in connection with the winning numbers drawn for the Mega Millions game and shall be entitled only to the prize won by those numbers in the highest matching prize category.

(15) Liability Discharged Upon Payment: All liability for a Mega Millions prize is discharged upon payment of a prize claim.

(16) Claim Expires in One Year: Claims for all prize categories, including the Jackpot Prize, shall be submitted within one year after the date of the drawing in accordance with this division of rules, OAR 177-046-0110, and 177-070-0025(4).

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS Ch. 190, ORS 461.120, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.130, 461.150, 461.210, ORS Ch. 190, ORS 461.120, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 7-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 5-2013, f. 9-27-13, cert. ef. 10-19-13
LOTT 12-2010, f. 11-19-10, cert. ef. 12-12-10
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0070 Ticket Validation

(1) Validation Requirements: To be a valid play and eligible to receive a prize, a play’s ticket shall satisfy all the requirements established by Lottery for validation of winning plays sold through Lottery’s computer gaming system and any other validation requirements adopted by the Product Group, the MUSL Board, and published as the Confidential MUSL Minimum Game Security Standards. The Lottery and MUSL are not responsible for plays that are altered in any manner (or which fail to print except as provided in OAR 177-098-0020(5)). When a winning Mega Millions ticket is submitted to the Lottery for validation along with the Lottery’s completed claim form, and the Lottery has initiated the validation procedures, the Lottery retains possession of the winning ticket and claim form.

(2) Mega Millions Ticket Required: Under no circumstances will a claim be paid for either the Jackpot Prize or a lower tier set prize without an official Mega Millions ticket matching all game play, serial number and other validation data residing in Lottery’s computer gaming system and such ticket shall be the only valid proof of the wager placed and the only valid receipt for claiming or redeeming such prize.

(3) Additional Validation Requirements: In addition to the validation requirements set forth in sections (1) and (2) of this rule, in order to be deemed a valid, winning Mega Millions play, all of the following conditions must be met:

(a) The validation data must be present in its entirety and must correspond, using the computer validation file, to the number selections printed on the ticket for the drawing date(s) printed on the ticket;

(b) The ticket must be intact;

(d) The ticket must not be counterfeit or an exact duplicate of another winning ticket;

(e) The ticket must have been issued by a Lottery retailer authorized to sell Mega Millions tickets and printed on paper in compliance with MUSL Rules;

(f) The ticket must not have been stolen, to the knowledge of the Lottery;

(g) The ticket must be submitted for payment in accordance with these rules.

(h) The play data must have been recorded on the Lottery’s computer gaming system prior to the drawing and the play data must match this computer record in every respect. In the event of a contradiction between information as printed on the ticket and as accepted by the Lottery’s computer gaming system, the wager accepted by the Lottery’s computer gaming system shall be the valid wager;

(i) The player or computer pick number selections, validation data and the drawing date(s) of an apparent winning ticket must appear on the official file of winning plays, and a play with that exact data must not have been previously paid;

(j) The play must not be misregistered, defectively printed, or printed or produced in error to an extent that it cannot be validated by the Lottery;

(k) The play must pass validation tests using a minimum of three of the five validation methods as defined in the Finance and Operations Procedures for Mega Millions. In addition, the play must pass all other confidential security requirements of the Lottery;

(l) In submitting a play for validation, the claimant agrees to abide by applicable laws, all rules and regulations, instructions, conditions and final decisions of the Lottery Director;

(m) There must not be any other breach of these Mega Millions Rules in relation to the play that, in the opinion of the Lottery Director, justifies invalidation; and

(n) The play must be submitted to the Lottery.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 11-2022, amend filed 12/16/2022, effective 01/01/2023
LOTT 7-2017, amend filed 10/27/2017, effective 10/31/2017
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0080 Ticket Responsibility

(1) General: Until such time as a signature is placed in the area designated for signature, a Mega Millions ticket is owned by the bearer of the ticket. MUSL, the Product Group, and the Lottery are not responsible for lost or stolen plays.

(2) Reporting Errors: Winners are determined by the numbers drawn and certified by the independent auditor responsible for auditing the Mega Millions draw. Neither the Lottery, nor MUSL is responsible for Mega Millions winning numbers reported in error.

(3) The Lottery is not responsible to a prize claimant for plays redeemed in error by a retailer.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0090 Ineligible Players

(1) General: A Mega Millions game ticket may not be purchased by and a prize may not be paid to, a member of the Lottery Commission, the director, the assistant directors or any employee of the Lottery, or to any spouse, child, brother, sister, or parent of such person.

(2) MUSL Restrictions: A play or share for a MUSL game issued by the MUSL or any of its Party Lotteries shall not be purchased by, and a prize won by any such play or share shall not be paid to:

(a) A MUSL employee, officer, or director;

(b) A contractor or consultant under agreement with the MUSL to review the MUSL audit and security procedures;

(d) An immediate family member (parent, stepparent, child, stepchild, spouse, or sibling) or any person residing in the same household of an individual described in subsections (a) through (c) of this section and residing in the same household.

(3) A play or share of the Mega Millions game may not be purchased in any lottery jurisdiction by any Party Lottery board member, commissioner, officer, or employee; or a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. Prizes shall not be paid to any persons prohibited from playing Mega Millions in a particular jurisdiction by rules, governing law, or any contract executed by the selling lottery.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Or. Admin. R. 177-098-0100 Applicable Law

(1) General: In purchasing a play, or attempting to claim a prize, purchasers and prize claimants agree to comply with and be bound by all applicable statutes, administrative rules, regulations, procedures, and decisions of the Lottery and MUSL, including all applicable provisions in the Mega Millions Finance and Operations Procedures, and by all directives and determinations of the Lottery Director. A purchaser or prize claimant agrees, as the purchaser or prize claimant’s sole and exclusive remedy, that claims arising out of a play issued by the Lottery can be pursued only against the Lottery. Litigation, if any, shall be maintained only within the State of Oregon. No claim shall be made against any other participating Lottery or against MUSL. Nothing in these rules shall be construed as a waiver of any defense or claim that the Lottery, any other participating lottery, or MUSL may have in any litigation, including in the event a purchaser or person making a claim pursues litigation against the Lottery Commission, the Lottery, any other participating Lottery, or MUSL, or their respective officers, directors, or employees.

(2) Final Determinations: All decisions made by the Lottery Director, including the declaration of prizes and the payment thereof and the interpretation of the Mega Millions game rules and procedures, are final and binding on all play purchasers and on every person making a prize claim in respect thereof.

(3) Unclaimed Prize: No prize shall be paid upon a play purchased, claimed, or sold in violation of these rules and the laws, rules, regulations, procedures, and decisions of the Lottery. Any such prize claimed but unpaid shall constitute an unclaimed prize under the statutes, rules, procedures, and decisions of the Lottery and shall be allocated to the benefit of the public purpose.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4, ORS chapter 190, ORS 461.120, 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 461.300
LOTT 4-2025, amend filed 03/28/2025, effective 04/05/2025
LOTT 10-2016, f. 9-30-16, cert. ef. 10-18-16
LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10

Division 99 KENO

Or. Admin. R. 177-099-0000 Definitions

For the purposes of Keno, the following definitions apply except as otherwise specifically provided in OAR Chapter 177 or unless the context requires otherwise:

(1) “Bulls-Eye” means the Keno or Special Keno play option whereby a player, by paying an additional one dollar for each dollar wagered on a Keno or Special Keno game play, may be entitled to receive an additional prize for correctly matching the Bulls-Eye number in a game play. Bulls-Eye is an optional extension of the Keno and Special Keno games.

(2) “Exchange ticket” means a computer-generated, printed paper issued by a terminal to replace a game ticket that had been purchased for play in multiple drawings and was validated before the latest drawing appearing on the game ticket. An exchange ticket shall contain the exact game play and future drawing dates appearing on the validated game ticket it is replacing and shall have all other characteristics of a game ticket except as otherwise stated in these rules. An exchange ticket shall not contain a ticket price.

(3) “Game play” means the number or group of numbers appearing on a ticket for a particular spot which is compared to the winning numbers, selected at the drawings appearing on the ticket, to determine the prize payment for which the ticket may be redeemed.

(4) “Game slip” or “play slip” means a paper form used by a player to select a game play, that indicates the amount the player will play on the ticket containing the game play, the number of drawings in which the ticket will be played, the choice to play the Special Keno option, the choice to select the Keno Multiplier option, the choice to select the Bulls-Eye option, and the choice to select the Keno To Go option. Only one game play may be marked on each game slip.

(5) “Game ticket” or “ticket” means a computer-generated, printed paper issued by a terminal as a receipt for the game play selected by a player and which contains the following: the caption “Keno”, one game play, the date of purchase, the number of consecutive drawings in which the ticket will be played, the identifying number for each such drawing, the number of spots to be played, the price of the ticket, a six-digit retailer number, a serial number, and a bar code. If the player selects one or more Keno options, the game ticket will also indicate if:

(a) The Special Keno option has been selected;

(b) The Multiplier option has been selected;

(d) The hour on which a game or consecutive games will begin.

(6) “Keno Multiplier” or “Multiplier” means the Keno and Special Keno play option whereby a player, by paying an additional one dollar for each dollar wagered on a Keno or Special Keno game play, may be entitled to receive a larger prize for correctly selecting winning numbers. Keno Multiplier multiplies the amount of certain prizes won in a game play. Keno Multiplier is an optional, limited extension of the Keno and Special Keno games.

(7) “Keno To Go” means a play option which permits a player to purchase a ticket or tickets for a future Keno drawing or future consecutive Keno drawings as permitted by the Lottery.

(8) “Prize category” means each row indicating the number of correct spots a player may select for each game drawing with a corresponding prize amount as shown on the payout charts contained in these rules.

(9) “Quick Pick” means the random selection of numbers by a terminal that appear as the game play on a ticket.

(10) “Special Keno” means an optional variation of the Keno prize payment and odds structure as defined in OAR 177-099-0090 which may be selected by the player.

(11) “Spot” means the amount of numbers a player may play for a game play. A player may play from one spot, i.e., one number, to ten spots, i.e., ten different numbers.

(12) “Draw game terminal” or “terminal” has the meaning set forth in OAR 177-070-0005(4).

(13) “Winning numbers” means the twenty numbers, from one to eighty, that are selected at each drawing that are used to determine winning game plays contained on the game tickets.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 11-2016, f. 9-30-16, cert. ef. 10-6-16
LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LOTT 7-1998(Temp), f. & cert. ef. 11-13-98 thru 5-7-99
LC 3-1997, f. 4-25-97, cert. ef. 4-27-97
LC 5-1996, f. & cert. ef. 4-1-96
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0010 Game Description

Keno is a 20/80 Lottery game with set prize amounts. For each drawing, a player may choose to play from one to ten spots and a corresponding selection of number choices from one to eighty. That is the player’s game play. The Lottery then selects twenty winning numbers from one to eighty. The Lottery awards prizes based on the extent to which the game play appearing on a player’s ticket matches the winning numbers in a drawing for which the player’s ticket was purchased.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461.120(2)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LOTT 7-1998(Temp), f. & cert. ef. 11-13-98 thru 5-7-99
LC 3-1997, f. 4-25-97, cert. ef. 4-27-97
LC 5-1996, f. & cert. ef. 4-1-96
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0015 Keno To Go

(1) General: Beginning August 30, 2011 at 5:00 a.m., Lottery may permit a player to purchase a Keno ticket for a future drawing or for future, multiple, consecutive drawings as permitted by the Lottery. To purchase a Keno ticket for a future drawing or for future, multiple, consecutive drawings, a player must select the Keno To Go option on the Keno play slip and mark the appropriate boxes on the play slip. There is no additional charge for the Keno To Go option.

(2) Disclaimer: The Director, in the Director’s sole discretion, is authorized to initiate and terminate the Keno To Go option.

History

Statutory/Other Authority: ORS 461, OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.300 & 461.200
LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11

Or. Admin. R. 177-099-0020 Price

(1) General: The price of a ticket is determined by the amount of money a player chooses to play on the game play selected, multiplied by the number of drawings in which the ticket will be played. A player may also choose the Keno Multiplier option that will increase the cost of the ticket by $1.00 for every $1.00 wagered. A player may also choose the Bulls-Eye option that will increase the cost of the ticket by $1.00 for every $1.00 wagered.

(2) Number of Drawings: A ticket may be purchased for one drawing or for multiple, consecutive drawings.

(a) A player may purchase a ticket for a single drawing for $1.00 to $5.00, in whole dollar amounts, $10.00, or $20.00.

(b) The price of a ticket for play in multiple, consecutive drawings is the price of a ticket for a single drawing, ranging from $1.00 to $5.00, $10.00 or $20.00 as selected by the player, multiplied by the number of consecutive drawings in which the ticket will be played.

(3) Minimum Price: The minimum ticket price for multiple, consecutive drawings is $2.00 ($1 x 2 consecutive drawings = $2).

(4) Maximum Price: The maximum ticket price for any Keno ticket is $100.00.

(5) Multiple Drawings: A ticket purchased for multiple, consecutive drawings is limited solely to the following options: 1, 2, 3, 4, 5, 10, 15, 20, 50, or 100 consecutive drawings so long as the price of a ticket does not exceed $100.00.

(6) Price with Options: If a player adds the Keno Multiplier option or the Bulls-Eye option to a Keno or Special Keno game play, the player may only play a maximum of 50 consecutive draws at $2, for a total of $100. If a player adds the Keno Multiplier option and the Bulls-Eye option to a Keno or Special Keno game play, the player may only play a maximum of 20 consecutive draws at $3, for a total of $60.

(7) Rejected Game Slip: A game slip indicating a price greater than $100 is automatically rejected by the terminal.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LC 3-1997, f. 4-25-97, cert. ef. 4-27-97
LC 5-1996, f. & cert. ef. 4-1-96
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0030 Ticket Purchase, Characteristics, and Restrictions

(1)(a) General: Keno tickets may be purchased every day of the year during the hours of operation of the Lottery’s central computer system and a Lottery retailer’s business hours.

(b) Default: A player may purchase a ticket for play under either the Keno prize structure set forth in OAR 177-099-0080, or the Special Keno prize structure set forth in OAR 177-099-0090. If a player does not select the Special Keno option when purchasing a ticket, the ticket is played under the Keno prize structure.

(c) Multiplier Option: A player may purchase the Keno Multiplier option on any Keno or Special Keno game play as set forth in OAR 177-099-0020(6). If a player does not select the Keno Multiplier option when purchasing a ticket, the ticket is played under the Keno or Special Keno prize structure.

(d) Bulls-Eye Option: A player may purchase the Bulls-Eye option on any Keno or Special Keno game play as set forth in OAR 177-099-0020(6). If a player does not select the Bulls-Eye option when purchasing a ticket, then the ticket is not eligible for any Bulls-Eye prize.

(e) Keno To Go Option: A player may select the Keno To Go option on any Keno or Special Keno game play. If a player does not select the Keno To Go option when purchasing a ticket, the ticket is valid for the next Keno drawing following the time of purchase and for the following consecutive drawings purchased on that ticket.

(2)(a) Ticket Purchase: Tickets may be purchased either from a terminal operated by a retailer, i.e., a clerk-operated terminal, or from a terminal operated by the player, i.e., a player-operated terminal. To play Keno, a player must complete a game slip for insertion into a terminal, request a Quick Pick from a clerk, or request a Quick Pick using a player-operated terminal.

(b) Completing a Game Slip: A player must choose a game play by one of two methods. A player may select from one to ten numbers from the eighty number choices contained on the game slip. Alternatively, the player may select the Quick Pick option. A player must also complete the selections on the game slip regarding the amount of money to be played on the ticket per drawing, and the number of multiple, consecutive drawings in which to play the ticket. The player may select from any or all of the following options as provided in these rules:

(A) The Special Keno option;

(B) The Keno Multiplier option;

(D) The Keno To Go option.

(c) Purchasing a Ticket from a Clerk-Operated Terminal: After the player completes a game slip and submits it along with the price of the ticket to the clerk, the clerk shall use the terminal to issue a ticket to the player. The player may also request that a clerk, without using a game slip, electronically submit a request for a Quick Pick through the terminal with the player informing the clerk of the wager amount, the number of spots to be played, the Keno or Special Keno option, the Keno Multiplier option, the Bulls-Eye option, the number of multiple, consecutive drawings to be played, the number of tickets, and whether the player wants the Keno To Go option.

(d) Purchasing a Ticket from a Player-Operated Terminal: A player may purchase a ticket from a player-operated terminal by following the instructions appearing on the screen of the terminal. Once the player has inserted the player’s money into the terminal, verified the player’s age, completed the game slip and inserted it into the terminal, the terminal will issue a ticket to the player. The player may also request a Quick Pick without using a game slip by using the player-operated terminal. A player requesting a Quick Pick from a player-operated terminal without using a game slip must select the wager amount, the number of spots to be played, the Keno or Special Keno option, the Keno Multiplier option, the Bulls-Eye option, the number of multiple, consecutive drawings to be played, the number of tickets, and whether the player wants the Keno To Go option.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 4-2011, f. 8-23-11, cert. ef. 9-1-11
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LC 5-1996, f. & cert. ef. 4-1-96
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0040 Cancellation of Tickets

A player may cancel a Keno ticket. To cancel a ticket, a player must follow the procedure in OAR 177-046-0060.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0050 Drawings

(1) General: Drawings shall take place at such times and upon such intervals as determined by the Director. Drawings shall normally take place at four minute intervals. The last drawing shall take place just prior to the deactivation of the Lottery’s central computer system for the day.

(2) Objective: Each drawing randomly selects twenty numbers from a possible eighty numbers that are the winning numbers. The winning numbers selected at each drawing are generated through the use of a computer-driven random number generator.

(3) Selection of the Keno Multiplier Number: The Lottery will conduct a separate random Keno Multiplier drawing and announce the result prior to each of the regular Keno drawings by displaying the Keno Multiplier number on the Keno monitor immediately prior to each new Keno game drawn and after the previous game pool closes. During each random Keno Multiplier drawing, one number will be selected. The Keno Multiplier numbers available for selection are 1, 2, 3, 5, and 10. The Keno Multiplier number selected at each drawing is generated through the use of a computer-driven random number generator in accordance with the provisions of OAR 177-046-0080.

(4) Selection of the Bulls-Eye Number: The Bulls-Eye numbers available are 1 through 80. For each Keno or Special Keno drawing, the Lottery will randomly select twenty numbers through the use of a computer-driven random number generator in accordance with the provisions of OAR 177-046-0080. The Bulls-Eye number for a drawing will be the twentieth number selected by the random number generator for that drawing. All twenty numbers selected will be randomized for display on the Keno monitors. After the twenty numbers selected are displayed on the monitor, the monitor will then identify which number is the Bulls-Eye number.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 10-2004. f. & cert. ef. 5-26-04
LOTT 2-2004(Temp), f. 2-20-04, cert. ef. 2-23-04 thru 8-20-04
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LOTT 7-1998(Temp), f. & cert. ef. 11-13-98 thru 5-7-99
LC 3-1997, f. 4-25-97, cert. ef. 4-27-97
LC 5-1996, f. & cert. ef. 4-1-96
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0060 Ticket Validation Requirements

(1) For a ticket to be valid and eligible to receive prize payment, the ticket must be validated in accordance with the provisions of OAR chapter 177.

(2) A game ticket containing a winning game play and purchased for play in multiple, consecutive drawings may be validated prior to the occurrence of future drawings for which the game ticket was purchased. An exchange ticket shall be issued, at the time the original game ticket is validated, for the remainder of the drawings appearing on the validated game ticket.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461.120(2)
Statutes/Other Implemented: ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0080 Keno Prizes

Section (1) of this rule specifies prizes for Keno drawings.

(1) Prize Structure: Prizes for each drawing are determined and awarded based on how many numbers contained in a game play on a ticket match the winning numbers selected at that drawing. Prizes are determined separately for each spot category. Prizes per one dollar wagered, based upon potential sales of $8,911,711.18 per drawing, are as follows: [Table not included. See ED. NOTE.]

(2) Amount Wagered: Keno prizes multiply according to the amount played per drawing. Except as provided in OAR 177-099-0100, the highest potential prize for any Keno ticket is $1,000,000 per drawing. If a ticket shows a wager of 2, 3, 4, 5, 10, or 20 dollars per drawing on a winning game play, the prize shown above for a $1 wager shall multiply, up to $1,000,000, according to the wager amount shown on the winning ticket. For example, if a ticket shows a $5 wager on the 8 spot category and the game play on the ticket matches 8 out of 8 of the winning numbers, the prize associated with that ticket is $15,000 x $5 = $75,000. All Keno prizes for a prize category are capped at $1,000,000 and certain Keno prizes will become pari-mutuel in accordance with section (4) of this rule. However, Jackpot Bonus prizes awarded are in addition to the $1,000,000 prize.

(3) Lump Sum Payment: All prizes are paid in one lump sum.

(4) Limitation on $1,000,000 Keno Prize: When the total amount won for the 10/10, 9/10, 9/9, 8/8, and the 7/7 prize categories in the same game play in a single drawing reaches or exceeds $1,000,000 in the prize category, the maximum prize amount of $1,000,000 becomes pari-mutuel and the prize shall be divided among the number of winning tickets for that game play on a pro-rata basis determined by the amount that each winning ticket played in the drawing in which the prize was won.

(a) Example: For example, if one Keno ticket wins the top prize for the 10/10 spot ($200,000) in a drawing, and the player wagered $20, and one Keno ticket wins the top prize for the 10/10 spot ($200,000) in the same game play in the same drawing, and another player wagered $5, the first player would receive 80% of the $1,000,000 prize (based on $20 wagered) and the second player would receive 20% of the $1,000,000 prize (based on $5 wagered).

(5) Breakage: If there are multiple winners in a single drawing such that the prize for a prize category cannot be divided among the winners to a whole cent, the prize payments may be rounded down so that the prize may be divided and paid to the nearest whole cent to each winner. Breakage from rounding the prize shall be treated as an unclaimed prize by the Lottery.

(a) Example: If there are seven $1,000,000 prize winning tickets in a single drawing for the same game play, the amount paid to each winner is calculated by dividing 7 into $1,000,000 which equals $142,857.14285 The Lottery shall round that amount down to $142,857.14 which totals $999,999.98 paid to the seven winners. The breakage of two cents shall then be treated as an unclaimed prize.

(6) Highest Single Prize: For each drawing, a player may receive (subject to the validation requirements set forth in OAR 177-099-0060) only the highest single prize for which a ticket containing a winning game play is eligible.

(7) Claiming Prizes: Prize payments must be claimed, and are made, in accordance with the provisions of OAR 177-070-0025.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 11-2016, f. 9-30-16, cert. ef. 10-6-16
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 7-2002, f. & cert. ef. 4-29-02
LOTT 3-2002(Temp), f. & cert. ef. 2-4-02 thru 8-2-02
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99
LC 3-1991, f. & cert. ef. 7-24-91

Or. Admin. R. 177-099-0090 Special Keno Prizes

(1) General: Special Keno increases the size of the prizes at the upper tier levels, and eliminates some prizes at the lower tiers of the prize structure when compared to the Keno prize structure.

(2) Selection of Option: As described in OAR 177-099-0030, a player must indicate the player’s choice to play under the Special Keno prize structure. When the Special Keno prize option is designated on a ticket, the Keno prizes described in OAR 177-099-0080 are no longer applicable.

(3) Prize Structure: Prizes for each drawing are determined and awarded based on how many numbers contained in a game play on a ticket match the winning numbers selected at that drawing. Prizes are determined separately for each spot category. Prizes per one dollar wagered, based upon potential sales of $8,911,711.18 per drawing, are as follows: [Table not included. See ED. NOTE.]

(4) Amount Wagered: Special Keno prizes multiply according to the amount played per drawing. Except as provided in OAR 177-099-0100, the highest potential prize for a Special Keno ticket is $1,000,000 per drawing. If a ticket shows a wager of 2, 3, 4, 5, 10, or 20 dollars per drawing on a winning game play, the prize shown above for a $1 wager shall multiply, up to $1,000,000, according to the wager amount shown on the winning ticket. For example, if a ticket shows a $5 wager on the 8 spot category and the game play on the ticket matches 8 out of 8 of the winning numbers, the prize associated with that ticket is $25,000 x $5 = $125,000. . All Special Keno prizes for a prize category are capped at $1,000,000, and certain Special Keno prizes will become pari-mutuel in accordance with section (6) of this rule. However, Jackpot Bonus prizes awarded are in addition to the $1,000,000 prize.

(5) Lump Sum Payment: A prize-winning player is paid in one lump sum for all prizes.

(6) Limitation of $1,000,000 Special Keno Prizes: When the total amount won for the 10/10, 9/10, 9/9, 8/8, and the 7/7 prize categories in the same game play in a single drawing reaches or exceeds $1,000,000 in the prize category, the maximum prize amount of $1,000,000 becomes pari-mutuel and the prize shall be divided among the number of winning tickets for that game play on a pro-rata basis determined by the amount that each winning ticket played in the drawing in which the prize was won.

(a) Example: For example, if one Special Keno ticket wins the top prize for the 10/10 spot ($1,000,000) in a drawing, and the player wagered $20, and one Special Keno ticket wins the top prize for the 10/10 spot ($1,000,000) in the same game play in the same drawing, and another player wagered $5, the first player would receive 80% of the $1,000,000 prize (based on $20 wagered) and the second player would receive 20% of the $1,000,000 prize (based on $5 wagered).

(7) Breakage: If there are multiple winners in a single drawing such that the prize for a prize category cannot be divided among the winners to a whole cent, the prize payments may be rounded down so that the prize may be divided and paid to the nearest whole cent to each winner. Breakage from rounding the prize shall be treated as an unclaimed prize by the Lottery.

(8) Highest Single Prize: For each drawing, a player may receive (subject to the validation requirements set forth in OAR 177-099-0060) only the highest single prize for which a ticket containing a winning game play is eligible.

(9) Claiming Prizes: Prize payments must be claimed, and are made, in accordance with the provisions of OAR 177-070-0025.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 11-2016, f. 9-30-16, cert. ef. 10-6-16
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 7-2002, f. & cert. ef. 4-29-02
LOTT 3-2002(Temp), f. & cert. ef. 2-4-02 thru 8-2-02
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99

Or. Admin. R. 177-099-0095 Keno Multiplier Option

(1) General: When the Keno Multiplier option is selected on a winning Keno or Special Keno game ticket, the prize amount is multiplied by the Keno Multiplier number. The Keno Multiplier number (1, 2, 3, 5, or 10) is randomly selected prior to each drawing.

(2) Probability: The following table sets forth the probability of the various Keno Multiplier numbers being selected during a single Keno Multiplier drawing: [ED. NOTE: Tables referenced are available from the agency.]

(3) Applicability: A prize multiplied by the Keno Multiplier is subject to all Keno or Special Keno rules applicable to the particular prize won. The Keno Multiplier does not apply to the Keno Jackpot Bonus prizes nor to the Bulls-Eye prizes.

(4) Director’s Authority: The Director, in the Director’s sole discretion, is authorized to initiate and terminate the Keno Multiplier option.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 7-2013, f. 12-20-13, cert. ef. 1-1-14
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03

Or. Admin. R. 177-099-0100 Keno Jackpot Bonus

(1) General:

(a) Jackpot Bonus Prizes: In addition to the Keno prizes described in OAR 177-099-0080, the Special Keno prizes described in OAR 177-099-0090, and the Bulls-Eye prizes described in OAR 177-099-0105, the Director may designate additional prizes for some or all of the Keno spot games. The Director may change this designation at any time. When the Director designates a spot game as eligible for such a prize, the Director shall determine the percentage of gross Keno sales (excluding sales of the Keno Multiplier option and the Bulls-Eye option) to be allocated to a prize pool held in reserve as an additional prize for winners of the top prize in the designated spot game. A prize awarded from one of these prize pools is called a Jackpot Bonus prize. A Jackpot Bonus prize is awarded when a ticket wins the top prize for the designated spot under OAR 177-099-0080 or OAR 177-099-0090. If the Jackpot Bonus prize pool for a specific spot is not won, the Jackpot Bonus prize pool for that spot continues to grow.

(b) Director’s Discretion: When the Director exercises discretion to change the spot games eligible for a Jackpot Bonus prize, the Lottery will post notice of the Jackpot Bonus change on the Lottery’s website at www.oregonlottery.org seven calendar days in advance of such change. Lottery may also announce the change by any other reasonable means.

(c) Rollover: When the Director exercises discretion to remove a spot game from eligibility for a Jackpot Bonus prize, the Director shall rollover any funds held in the prize pool for that spot game into any other Jackpot Bonus prize pools as determined by the Director.

(2) Automatic Entry: If a game play on a ticket is for a spot game that has been designated by the Director as eligible for a Jackpot Bonus prize, the ticket is automatically playing for the Jackpot Bonus prize described under subsection (1)(a) of this rule, as well as either a Keno prize under OAR 177-099-0080 or a Special Keno prize under OAR 177-099-0090.

(a) Example: If a Keno ticket with an 8-spot game play is the only Keno or Special Keno ticket to match 8 out of 8 of the winning numbers, that ticket, subject to ticket validation requirements, would win either the top Keno prize for the 8-spot under OAR 177-099-0080 ($15,000) or the top Special Keno prize for the 8 spot under OAR 177-099-0090 ($25,000) and the accumulated Jackpot Bonus prize for the 8-spot.

(3) Division of Jackpot Bonus Prize Pool: The prize money in the Jackpot Bonus prize pool for a specific spot for any given drawing is divided by the number of tickets winning the top prize for that spot under either OAR 177-099-0080 or OAR 177-099-0090. The Jackpot Bonus prize pool is divided among those winning tickets on a pro-rata basis determined by the amount that each winning ticket played in the drawing in which the Jackpot Bonus prize was won.

(a) Example: If one Keno ticket wins the top prize for the 8-spot ($15,000) in a drawing, and was purchased for ten drawings at $3 per drawing, and one Special Keno ticket wins the top prize for the 8-spot ($25,000) in the same drawing, and was purchased for one drawing at $1, the holder of the Keno ticket would receive 75% of the prize in the Jackpot Bonus prize pool for the 8-spot and the holder of the Special Keno ticket would receive the remaining 25% of the prize in that Jackpot Bonus prize pool.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.200
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17
LOTT 2-2014, f. 3-21-14, cert. ef. 4-1-14
LOTT 1-2011, f. 2-25-11, cert. ef. 3-1-11
LOTT 3-2010, f. 1-29-10, cert. ef. 2-1-10
LOTT 4-2009(Temp), f. & cert. ef. 8-26-09 thru 2-18-10
LOTT 11-2003, f. & cert. ef. 6-30-03
LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03
LOTT 30-2002, f. & cert. ef. 11-25-02
LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03
LOTT 7-2002, f. & cert. ef. 4-29-02
LOTT 3-2002(Temp), f. & cert. ef. 2-4-02 thru 8-2-02
LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99

Or. Admin. R. 177-099-0105 Bulls-Eye Option

(1) General: The Bulls-Eye option adds an additional way to play Keno and Special Keno. Bulls-Eye has its own prize structure and awards a prize for matching the Bulls-Eye number in a drawing. Section (3) of this rule specifies the prizes available for matching the Bulls-Eye number. When the Bulls-Eye option is designated on a ticket, the Bulls-Eye prize is in addition to the Keno prizes described in OAR 177-099-0080, the Special Keno prizes described in OAR 177-099-0090, and the Keno Jackpot Bonus prizes described in OAR 177-099-0100.

(2) Selection of Option: As described in OAR 177-099-0030, to be eligible for a Bulls-Eye prize, a player must purchase the Bulls-Eye option on any Keno or Special Keno ticket. If the player does not select the Bulls-Eye option when purchasing a ticket, the ticket is not played under the Bulls-Eye option and the ticket is not eligible to win a Bulls-Eye prize.

(3) Prize Structure: The Bulls-Eye prize for each drawing is determined and awarded when any of the player’s selected Keno or Special Keno numbers in a game play on a player’s ticket match the Bulls-Eye number selected randomly in the drawing for that game play. Bulls-Eye prizes are determined separately for each prize category. Bulls-Eye prizes per each dollar wagered, based upon potential sales of $8,911,711.18 per drawing, are as follows: [ED. NOTE: Tables referenced are available from the agency.]

(4) Amount Wagered: Bulls-Eye prizes will multiply according to the amount played per drawing. The highest potential Bulls-Eye prize is $1,000,000 per drawing. If a ticket shows a wager of 2, 3, 4, 5, 10, or 20 dollars per drawing on a winning game play, the prize shown above for a $1 wager shall multiply, up to $1,000,000, according to the wager amount shown on the winning ticket.

(a) Example: If a ticket shows a $4 wager on the 10 spot category and the Bulls-Eye number selected matches one of the player’s numbers and the Keno or Special Keno game play on the ticket matches 10 out of 10 of the winning numbers, the Bulls-Eye prize associated with that ticket is $300,000 x $4 = $1,200,000. However, all Bulls-Eye prizes are capped at $1,000,000, and as a result the Bulls-Eye prize for that game play is limited to $1,000,000 Certain Bulls-Eye prizes will becomes pari-mutuel in accordance with section (6) of this rule. However, Jackpot Bonus prizes awarded are in addition to the $1,000,000 prize.

(5) Lump Sum Payment: A prize-winning player is paid in one lump sum for all prizes.

(6) Limitation of $1,000,000 Bulls-Eye Prizes: When the total amount of Bulls-Eye prizes won for the 10/10, 9/10, 9/9, 8/8, and the 7/7 prize categories in the same game play in a single drawing reaches or exceeds $1,000,000 in the same prize category, the Bulls-Eye maximum prize amount of $1,000,000 becomes pari-mutuel and the Bulls-Eye prize shall be divided among the number of winning tickets for that game play on a pro-rata basis determined by the amount that each winning ticket played in the drawing in which the prize was won.

(a) Example: If two Keno tickets win the Bulls-Eye prize for the 10/10 spot ($300,000) in a drawing, and one player wagered $20 and the other player wagered $5, then the first player would receive 80% of the $1,000,000 Bulls-Eye prize (based on $20 wagered) and the second player would receive 20% of the $1,000,000 Bulls-Eye prize (based on $5 wagered).

(7) Breakage: If there are multiple winners in a single drawing such that the Bulls-Eye prize cannot be divided among the winners to a whole cent, the prize payments may be rounded down so that the prize may be divided and paid to the nearest whole cent to each winner. Breakage from rounding the prize shall be treated as an unclaimed prize by the Lottery.

(a) Example: If there are seven $1,000,000 prize winning tickets for the Bulls-Eye prize in a single drawing for the same game play, the amount paid to each winner is calculated by dividing 7 into $1,000,000 which equals $142,857.14285…. The Lottery shall round that amount down to $142,857.14 which totals $999,999.98 paid to the seven winners. The breakage of two cents shall then be treated as an unclaimed prize.

(8) Highest Single Prize: For each drawing, a player may receive (subject to the validation requirements set forth in OAR 177-099-0060) only the highest single Bulls-Eye prize for which a ticket containing a winning game play is eligible.

(9) Claiming Prizes: Bulls-Eye prize payments must be claimed, and are made, in accordance with the provisions of OAR 177-070-0025.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.210— 461.250
LOTT 3-2017, f. 4-21-17, cert. ef. 5-21-17

Division 100 VIDEO LOTTERY TERMINALS

Or. Admin. R. 177-100-0000 Video LotterySM Game System

The Director may operate a Video LotterySM game system using Video LotterySM game terminals approved under this Division.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215 & 461.217
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0010 Definitions

For purposes of division 100, the following definitions apply except as otherwise provided in OAR chapter 177, or unless the context requires otherwise:

(1) “Certification” means the inspection process used by the Lottery to approve Video LotterySM game terminals and games.

(2) “Decal” means the stamp displayed by the Lottery upon a Video LotterySM game terminal to provide notice that the Video LotterySM game terminal is authorized by the Oregon Lottery®.

(3) “Display” means the visual presentation of Video LotterySM game features shown on the screen of a Video LotterySM game terminal.

(4) “Gray machine” means a gambling device as described in ORS 167.117(9).

(5) “Manufacturer” means any individual, partnership, corporation, trust, association, joint venture, limited liability company, or other business entity that manufactures, assembles, services, or produces Video LotterySM game terminals or gray machines in Oregon.

(6) “Service” means the activities of a manufacturer related to the maintenance, repair, testing, or quality assurance of gray machines.

(7) “Video LotterySM” or “Video LotterySM game” means the following games conducted through Video LotterySM game terminals that are monitored by a central computer system:

(a) Video poker games;

(b) Video line games; and

(8) “Video LotterySM game terminal” is a device operated under the authority of the Oregon State Lottery and has the meaning set forth in OAR 177-010-0003.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215 & 461.217
LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 8-2005, f. & cert. ef. 9-1-05
LOTT 5-2005(Temp), f. & cert. ef. 5-20-05 thru 11-11-05
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0080 Certification Decal

(1) Each Video LotterySM game terminal certified for operation by the Lottery must bear a certification decal and must conform to the specifications of the prototype terminal of the same model that has been tested and certified by the Lottery.

(2) No person other than an authorized Lottery employee or agent may affix or remove the certification decal. The placement of the decal represents that the Video LotterySM game terminal has been certified, inspected, and approved for operation in Oregon.

(3) No Video LotterySM game terminal may be transported out of Oregon until the decal has been removed.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215, 461.217 & 461.330
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0090 External Video LotterySM Game Terminal Specifications and Age Restriction Requirements

(1) Video LotterySM game terminals operated by the Lottery may only display information on the screen or terminal housing that has been approved by the Lottery.

(2) At no time may anyone other than an authorized Lottery employee or agent place stickers or other removable devices on a Video LotterySM game terminal for any reason.

(3) Each Video Lottery SM game terminal must display an Oregon Lottery® logo.

(4) The following age restriction notice must clearly be displayed on each Video LotterySM game terminal: “No person under 21 years of age may play” or “Must be 21 years of age or older to play” or “Anyone under 21 years of age must not play.”

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215 & 461.217
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0095 Procurement of Video LotterySM Game Terminals

(1) Only the Lottery may possess and operate Video LotterySM game terminals in Oregon.

(2) The Lottery may select and procure Video LotterySM game terminals as necessary by contracting with manufacturers approved pursuant to OAR chapter 177, division 35, and may provide the terminals to Video LotterySM retailers.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0130 Duties of Manufacturers

Manufacturers, their employees, representatives, and agents shall:

(1) Promptly report to the Lottery any violation or any facts or circumstances that may result in a violation of ORS Chapter 461 or these rules.

(2) Provide immediate access to all records and the entire physical premises of the business for inspection at the request of the Lottery or its auditors.

(3) Not conduct any advertising or promotional activities in Oregon (or directed at Oregon residents) that are false or misleading regarding Video LotterySM games.

(4) Promptly report to the Lottery their knowledge or suspicion of any gray machine located within Oregon.

(5) Attend all trade shows or conferences as required by the Lottery.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215, 461.217 & 461.400
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0160 Transportation of Video LotterySM Game Terminals Within, Into, or Through Oregon

(1) No person shall ship or transport Video LotterySM game terminals within or into Oregon without first obtaining a written authorization for transport from the Director. Transporting or shipping within Oregon means the starting point of a trip is within the boundaries of the state and the termination point is either within or outside the boundaries of the state. Transporting or shipping into Oregon means the starting point of a trip is outside the boundaries of the state and terminates within the boundaries of the state.

(2) No person shall ship or transport Video LotterySM game terminals through Oregon without first obtaining a written authorization from the nearest port of entry immediately upon arrival in the state. Transporting or shipping through Oregon means the starting point and termination point of a trip are outside the boundaries of the state and the route between the starting and termination points enters the state.

(3) Notwithstanding section (1) of this rule, authorization to transport a Video LotterySM game terminal within or into Oregon for purposes of display or demonstration at a trade show conducted within the boundaries of the state must be obtained as described in OAR 177-010-0120.

(4) The written authorization required under sections (1) and (2) of this rule shall include:

(a) The manufacturer of each Video LotterySM game terminal being transported;

(b) The model and serial number of each Video LotterySM game terminal being transported;

(c) The full name, address, and telephone number of the person or establishment from which the Video LotterySM game terminals were obtained;

(d) The full name, address, and telephone number of the person or venue to whom the Video LotterySM game terminals are being sent or transported; and

(e) The dates of shipment or transport within, into, or through the state.

(5) At all times, a copy of the written authorization shall accompany the Video LotterySM game terminal or terminals in transport.

History

Statutory/Other Authority: OR Const. Art. XV, § 4 & ORS 461
Statutes/Other Implemented: 1999 OL Ch. 193 & ORS 461.215
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LOTT 3-2000, f. 3-31-00, cert. ef. 4-3-00
LOTT 12-1999(Temp), f. & cert. ef. 12-27-99 thru 6-20-00
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-100-0180 Approval for Instate Manufacturing and Servicing of Gray Machines Shipped Out-of-State

(1) General Approval: A manufacturer shall apply to the Director of the Oregon Lottery for approval to manufacture or service gray machines within Oregon.

(a) Director’s Approval: The Director may authorize a manufacturer to manufacture or service gray machines within the state of Oregon only if the manufacturer intends to export the gray machines to another state or jurisdiction where the operation or possession of the machines is legal. The Director shall require a manufacturer to cite the law that authorizes the legal operation or possession of the machines in the state or jurisdiction, and may require additional evidence that the gray machines will be sold or otherwise provided to a person who is authorized to operate or possess the machines in that jurisdiction. The authorization includes approval to engage in ongoing research and development related to the improvement and development of Video LotterySM game terminals the manufacturer intends to manufacture.

(b) Disclosure Requirements: The manufacturer is subject to the same disclosure and background investigation requirements as an applicant for a major procurement. The manufacturer may be required by the Director to reimburse the Lottery for the costs of background investigations.

(c) Inspections and Audits: A manufacturer’s premises, and all production, shipping, service, and financial records, shall be made available for routine and unannounced inspections and audits by the Assistant Director of Security. A manufacturer shall provide to the Lottery, upon request of the Assistant Director for Security, a report listing: the types and numbers of gray machines manufactured; the types and number of machines in storage; the types and number of machines serviced; the name and address of each individual or entity who purchased, leased, or otherwise was provided gray machines or who agreed or expressed an intent to purchase, lease, or otherwise acquire gray machines, or who own, operate, or otherwise possess gray machines serviced by the manufacturer; the number of shipments; destinations of all shipments; and methods of shipment, including carrier used. The information in the report shall be for a time period designated by the Assistant Director for Security. Shipment or transport of gray machines to a destination outside of Oregon also must comply with OAR 177-100-0160.

(2) Temporary Approval: The Director may temporarily authorize a manufacturer to manufacture or service gray machines within the state of Oregon that the manufacturer intends to export to another state or jurisdiction where the operation or possession of the machines is legal. The temporary authorization is subject to such terms, conditions, or limitations as the Director deems necessary.

(a) The manufacturer must submit the following:

(A) The information required by ORS 461.410(1);

(B) A written description of the proposed use of the gray machines;

(C) A cite for the law that authorizes the legal operation or possession of the gray machines in the state or jurisdiction where the machines will be used; and

(D) The identity of the individuals or entities who have agreed to or have expressed an intent to purchase or otherwise acquire gray machines from the manufacturer, or who own, operate, or otherwise possess gray machines serviced by the manufacturer.

(b) When the Lottery receives the above materials for temporary approval, the Lottery will conduct an abbreviated background investigation of the manufacturer. The investigation includes, but is not limited to:

(A) A computerized criminal background check of all control persons and any employee deemed necessary by the Assistant Director for Security.

(B) A credit check using the services of a commercial credit reporting company, and

(3) Cancellation of Approval: The Director may cancel any general or temporary approval if the Director determines that the manufacturer has failed to adhere to the qualifications or conditions required for authorization of the manufacturer or otherwise poses a threat to the integrity, security, or honesty of the Lottery. Approval also may be cancelled if within a reasonable time from the date of production, the manufacturer is unable to show the machines have been purchased, leased, or otherwise acquired by a person or entity authorized to obtain or possess the machines.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 167.117 & 167.164
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 8-2005, f. & cert. ef. 9-1-05
LOTT 5-2005(Temp), f. & cert. ef. 5-20-05 thru 11-11-05
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91
LC 7-1991(Temp), f. & cert. ef. 10-28-91

Or. Admin. R. 177-100-0185 Instate Manufacturing of Video LotterySM Game Terminals Operated in Oregon

(1) A manufacturer of Video LotterySM game terminals approved by the Lottery for the Lottery’s own use under OAR chapter 177, division 35, may manufacture such terminals in Oregon.

(2) The Director may issue temporary approval for the manufacture of Video LotterySM game terminals upon submission and satisfactory review of the following information:

(a) The information required by ORS 461.410(1);

(b) The manufacturer’s written statement of intent to manufacture Video LotterySM game terminals to be operated in Oregon solely by the Lottery; and

(c) A copy of a letter or other document from the Lottery expressing an interest in purchasing Video LotterySM game terminals from the manufacturer.

(3) If the Director issues a temporary approval, it shall be effective for no longer than 180 days.

(4) No Video LotterySM game terminal shall leave the premises of the approved manufacturer until it is shipped to a destination authorized by the Lottery.

(5) All Video LotterySM game terminals whose manufacture has been approved by the Lottery shall be operated only under the authority of the Lottery.

(6) A manufacturer’s premises, and all production, shipping, service, and financial records, shall be made available for routine and unannounced inspections and audits by the Assistant Director of Security. A manufacturer shall provide to the Lottery a monthly report listing the types and numbers of Video LotterySM game terminals manufactured, the types and number in storage, the number of shipments of these Video LotterySM game terminals, the destinations of all shipments, and methods of shipment, including carrier used.

(7) The Director may cancel any approval if the Director determines that the manufacturer has failed to adhere to the conditions required for approval of the manufacturer or otherwise poses a threat to the integrity, security, or honesty of the Lottery. Approval also may be revoked if the Lottery does not enter into a contract with the manufacturer for the purchase of the Video LotterySM game terminals within a reasonable period, or if such a contract is cancelled.

(8) Notwithstanding sections (1) through (3) of this rule, any Oregon manufacturer who has previously submitted a bid in response to a request for proposal issued by the Lottery may continue to perform Video LotterySM game terminal research and development. If the manufacturer is not successful in providing Video LotterySM game terminals in any subsequent request for proposal issued by the Lottery, the Director may cancel the manufacturer’s approval to manufacture Video LotterySM game terminals.

History

Statutory/Other Authority: OR Const. Art. XV, § 4(4) & ORS 461
Statutes/Other Implemented: ORS 167.117 & 167.164
LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08
LOTT 14-2003, f. & cert. ef. 9-29-03
LOTT 6-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00
LC 13-1992, f. & cert. ef. 10-29-92
LC 8-1991, f. & cert. ef. 11-25-91
LC 7-1991(Temp), f. & cert. ef. 10-28-91

Division 200 GENERAL VIDEO LOTTERYSM GAME RULES

Or. Admin. R. 177-200-0005 Definitions

For purposes of division 200, the following definitions apply except as otherwise provided in OAR chapter 177, or unless the context requires otherwise.

(1) “Cash slip” means the receipt issued by a Video Lottery game terminal for the payment of a player’s credits remaining at the end of play or for the payment of a Jackpot Prize.

(2) “Specialty Game(s)” refers to Video Lottery games, such as the Lottery's Platinum Spin Series games, that offer specially designated prizes in amounts that are higher than the usual prize amounts, including a Jackpot prize.

(3) “Jackpot Prize” refers to a prize won during Specialty Game play that is greater than $600.

(4) "Payment Device" has the meaning given the term in OAR 177-046-0015.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.215, 461.220, 461.230, 461.240, 461.250, 461.260, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 316.127, 316.194, 461.560, ORS 461.120, 461.210, 461.215, 461.220, 461.230, 461.240, 461.250, 461.260, 461.715 & 461.719
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0010 Game Requirements

(1) General: To play a Video Lottery game, a player deposits cash into a Video Lottery game terminal that displays the deposit as a number of credits to which the player is entitled. Each credit represents a monetary amount as specified in each Video Lottery game. The player purchases a game play by wagering one or more credits. Prizes are paid on the terminal in the form of credits. A player may wager the credits that the player has won on additional game plays or may direct the terminal to issue a cash slip for the remaining credits. For Jackpot Prizes, the terminal will automatically cash out the Jackpot Prize and issue a cash slip to the player for the amount of the Jackpot Prize.

(2) Bonus Game Plays: In addition to the prizes paid as credits, and depending on the specific game, bonus game plays may be awarded to a player. A prize awarded on an individual bonus game play is independent of the original game play.

(3) Odds of Winning: A close approximation of the odds of winning some prize for each game must be displayed on a Video Lottery game terminal screen or a help screen. Each game also must display the amount wagered and the amount awarded for each possible winning occurrence based on the number of credits wagered on a game play.

(4) Payout Tables: Each game shall provide a method for a player to view payout tables for that game.

(5) Age Requirement: To play a Video Lottery game, a player must be at least 21 years of age.

History

Statutory/Other Authority: ORS 461, OR Const. Art. XV & Sec 4 (4)
Statutes/Other Implemented: ORS 461.210
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10
LOTT 7-2006, f. 8-30-06, cert. ef. 9-1-06
LOTT 6-2006(Temp), f. 6-12-06, cert. ef. 6-26-06 thru 12-8-06
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0011 Accuracy of Wagers

It is the sole responsibility of a player to verify the accuracy of a wager placed on a Video LotterySM game terminal by the player. The Lottery is not responsible for any wager placed in error. The Lottery will not cancel wagers or provide refunds.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215 & 461.217
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0012 Ownership of Cash Slips

(1) General: Except for a cash slip claimed jointly in accordance with the provisions of OAR 177-046-0110(5), until such time as a name of an individual or individuals is imprinted or placed upon a cash slip, a cash slip is a bearer instrument and is owned by the holder of the cash slip.

(2) Notwithstanding section (1) of this rule, the bearer or owner of a winning cash slip may not sell the cash slip to another person or pay another person to claim the prize in violation of HB 3115 (2025).

(3) Joint Owners: Multiple individuals at least 21 years of age may jointly own and claim payment as owners of a cash slip using the methods described in OAR 177-046-0110(5) for claiming jointly. Multiple individuals each hold independent and equal shares of ownership in the cash slip.

(4) Owner: When a name is placed upon a cash slip in the designated area, the cash slip ceases to be a bearer instrument. The individual(s) whose name(s) appears in that area on the cash slip is the owner(s) of the cash slip.

(5) Natural Person: Only a natural person who is at least 21 years of age may own a cash slip and claim payment for it.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.215, 461.230, 461.250 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.210, 461.215, 461.230, 461.250 & Or Laws 2025, ch. 46
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2017, temporary amend filed 10/09/2017, effective 10/09/2017 through 04/03/2018
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0015 Game Play Price

The price of a game play for a Video LotterySM game shall be clearly displayed on the terminal screen during play.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4), ORS 461.210, 461.220, 461.230, 461.240, 461.250, 461.260 & 962 & OL 1991 (enrolled HB 3151)
Statutes/Other Implemented: ORS 461.240
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0020 Payment of Video Lottery Game Cash Slips

(1) Original Cash Slip: Except as set forth in sections (7) and (8) of this rule, an original cash slip is the only valid receipt for claiming prizes or for redeeming credits remaining on a terminal. A copy of a cash slip has no pecuniary or prize value and does not constitute evidence of a cash slip.

(2) Retailer Validation Requirements: A retailer shall pay a cash slip only if:

(a) The cash slip is presented for payment at the retailer location that issued the cash slip.

(b) The player to whom the cash slip is payable is 21 years of age or older and authorized to play under these rules and Oregon statutes.

(d) It is intact and legible and meets all the Lottery’s security requirements.

(e) It is not counterfeit, fraudulent, lacking the correct captions, altered, tampered with in any manner, or obtained from the Lottery or Lottery retailer by any fraudulent means.

(f) The information appearing on the cash slip corresponds with the computer record of the cash slip data recorded in the Lottery’s central computer system.

(g) It has not been previously paid.

(h) It is not a prize that must be validated and paid by the Lottery, such as a Jackpot Prize.

(3) Retailer Validation Exception: If a cash slip is not intact or legible, the prize or credits that would have otherwise appeared on the cash slip may nevertheless be paid by the retailer as follows:

(a) Software Validation: Upon notification by a player that a Video Lottery game terminal issued a cash slip that is not intact or legible, the retailer shall obtain a validation number from the terminal. If the retailer is able to obtain a validation number from the terminal that corresponds to the time and amount of the credits claimed by the player, then the retailer shall validate the prize or credits that would otherwise have appeared on the cash slip through the validation terminal and pay the player.

(A) Software Validation Report: If the retailer pays the player pursuant to section (3)(a) of this rule, the retailer must complete a Retailer Software Validation Report signed by the player and the retailer. The retailer must retain the report for one month. The retailer must make them available for audit by the Lottery immediately upon request. The retailer must retain and attach the damaged or illegible cash slips to the reports.

(B) Validation Number Unavailable: If the retailer is unable to obtain a validation number from the terminal that corresponds to the time and amount of the credits claimed by the player as required by subsection (3)(a), the player may request payment of the cash slip from the Lottery as provided in section (8) of this rule.

(b) Jackpot Prize Cash Slip Not Issued, Intact, or Legible: If a cash slip for a Jackpot Prize is not intact or legible, the player and the retailer must complete a Video Problem Report form, attach the cash slip or all available portions of the cash slip to the form if available, and must submit the form and the cash slip to the Lottery for investigation. The Jackpot Prize may be paid as set forth in section (7) and (8) of this rule.

(4) Limitation on Retailer Validation and Payment of Cash Slip: A retailer must not attempt to validate, and may not pay, a cash slip for any Jackpot Prize. A retailer shall only validate and pay non-Jackpot Prize cash slips issued by Video Lottery game terminals located on its premises.

(5) Retailer Payment of Cash Slip: Upon validation of a cash slip as set forth in sections (2) and (3) of this rule, a retailer must pay the amount due in cash or by check or money order, or any combination thereof. A retailer may not pay a cash slip in tokens, chips, or merchandise, or charge a fee for paying a cash slip or for issuing payment.

(a) Dishonored Retailer Check: If a retailer’s check is dishonored, the player may seek payment from the Lottery by presenting a copy of the dishonored check using the methods provided in OAR 177-046-0110(2).

(b) Possible Contract Termination: A retailer that pays a cash slip with a check that is dishonored may be subject to termination of the Lottery Retailer Contract.

(6) Lottery Validation and Payment of Cash Slips:

(a) Submitting a Claim: The owner of a winning cash slip may submit the cash slip to the Lottery in accordance with the methods described in OAR 177-046-0110(3) for winning tickets or shares. A cash slip may be claimed jointly as described in OAR 177-046-0110(5). The claimant of a prize bears all risk associated with the choice of method to submit a claim, the timeliness of the claim submission and, in the case of submission by mail, delivery service, private express carrier, or secure drop box, failure of the claim to be received by the Lottery.

(b) Timing and Deadline for Submitting a Claim: The cash slip must be received by the Lottery within one year from the date the cash slip was issued.

(c) Validation and Payment: A cash slip must meet all of the requirements of this rule and the validation requirements in OAR 177-046-0090 before Lottery will pay the prize claimed. Upon validation of a cash slip, the Lottery will pay the amount due. A retailer may pay a cash slip of $1250 or less. Lottery will pay prizes for cash slips as set forth in OAR 177-046-0110 for tickets and shares. The general provisions in OAR 177-046-0110(1) and (4) for tickets and shares apply to cash slips.

(7) Lack of Cash Slip or Validation Number: If a player does not have a cash slip, or a retailer was unable to obtain a validation number, the Lottery will conduct an investigation of a claim presented for payment to the Lottery. The investigation will determine the reasons or causes for the failure of the terminal to produce a cash slip or to print an intact and legible cash slip, and why the retailer was unable to obtain a validation number.

(a) Payment: The Lottery may pay the claim if the Lottery can determine from its investigation that the credit was on the terminal identified by the player at the time claimed, and that no cash slip has been paid on the claim.

(b) Signed Statement: The Lottery will not pay any such claim without a signed statement by a player. The player’s statement must contain game play information that can be compared to data in the Lottery’s central computer system that substantiates that the player won a prize in the amount and at the time claimed, and information from which the Lottery reasonably can determine that the claim has not been paid.

(c) Jackpot Prize: The Lottery will not pay the claim for a Jackpot Prize without receipt of a Video Problem Report form as described in section (3)(b) of this rule.

(8) Lottery Validation Exceptions: If a cash slip cannot be validated because the cash slip data is not recorded on the Lottery’s central computer system, the Director may still authorize payment if:

(a) The Lottery conducts an investigation of the claim, and

(b) The Director concludes that the claimant was an authorized player and that the absence of a record of the cash slip data in the Lottery’s central computer system was the result of either a technical problem in the Video Lottery game terminal or a communications problem that prevented the recording of the credits in the Lottery’s central computer system.

(9) Subsequent Claims: If a cash slip improperly paid by a retailer is later submitted for payment to the Lottery, the Lottery may collect the amount of the cash slip from the retailer’s EFT account. The Lottery may conduct an investigation to determine if the Lottery properly paid the claim.

(10) Withholding of Payment: The Lottery may withhold payment of any cash slip claim presented to it until the expiration of the 28-day prize claim period at the retailer’s location for prizes payable by the retailer or until the completion of any investigation by the Lottery to determine if payment is proper.

(11) Power of Attorney: The owner of a cash slip may designate in a written power of attorney an agent to act on the owner’s behalf to redeem a cash slip in accordance with the provisions of OAR 177-046-0110(7) for tickets and shares, except that the form of power of attorney to redeem a cash slip must at a minimum: (i) be in written form, (ii) specify the name, address and telephone number of the owner of the ticket or share; (iii) be dated with a date that is later than the date of the cash slip, (iv) specifically identify the cash slip being redeemed, (v) specify the name, address and telephone number of the agent who is authorized to claim the prize for the owner; and (vi) clearly state that the agent may complete a claim form and sign the cash slip, claim form or other documents required to redeem the cash slip in the name of the owner and receive payment of the prize for the owner. The Director, in his or her discretion, may also accept a general power of attorney form for a disabled or incompetent player if the Director determines that the general power of attorney is valid under Oregon law and that payment to the agent of a Lottery prize is within the authority conferred upon the agent under the general power of attorney.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.210, 461.215, 461.220, 461.230, 461.240, 461.250, 461.715, 461.719 & Or Laws 2025, ch. 46
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 316.127, 316.194, 461.560, ORS 461.120, 461.210, 461.215, 461.220, 461.230, 461.240, 461.250, 461.715, 461.719 & Or Laws 2025, ch. 46
LOTT 4-2026, amend filed 08/28/2026, effective 09/01/2026
LOTT 5-2025, amend filed 09/26/2025, effective 09/27/2025
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 1-2021, amend filed 02/26/2021, effective 03/01/2021
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2017, temporary amend filed 10/09/2017, effective 10/09/2017 through 04/03/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 8-2011, f. 11-21-11, cert. ef. 12-1-11
LOTT 6-2011(Temp), f. 9-15-11, cert. ef. 9-18-11 thru 3-5-12
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10
LOTT 2-2010, f. 1-29-10, cert. ef. 2-1-10
LOTT 18-2005, f. 12-21-05, cert. ef. 12-31-05
LOTT 10-2005(Temp), f. & cert. ef. 11-2-05 thru 4-28-06
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 4-1997, f. & cert. ef. 4-25-97
LC 6-1996, f. 5-30-96, cert. ef. 6-1-96
LC 1-1995, f. 1-25-95, cert. ef. 3-1-95
LC 9-1994, f. 8-19-94, cert. ef. 9-1-94
LC 9-1993, f. 11-18-93, cert. ef. 12-1-93
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0050 Method of Determining Winners

Each Video LotterySM game terminal must have a random number generator that will determine the occurrence of a specific card, symbol, or number to be displayed on the video screen during a game play. A selection process will be considered random if it meets the requirements of OAR 177-200-0055.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.217
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0055 Requirements for Randomness Testing

(1) Chi-Squared Analysis: Each card position, symbol position, or number position must satisfy the 99 percent confidence limit using standard chi-squared analysis. For purposes of this rule, chi-squared analysis is the sum of the squares of the difference between the expected result and the observed result. Card position means the first card dealt, second card dealt in sequential order, up to the last card dealt. Symbol position means the first symbol drawn, second symbol drawn in sequential order, up to the last symbol drawn. Number position means first number drawn, second number drawn in sequential order, up to the 20th number drawn.

(2) Run Test: Each card position, symbol position, or number position must not produce a significant statistic with regard to producing patterns of occurrences. For purposes of this rule, the run test is a mathematical statistic that determines the existence of recurring patterns within a set of data. Each card, symbol, or number position will be considered random if it meets the 99 percent confidence level with regard to the run test or any similar pattern-testing statistic.

(3) Correlation Test: Each card position, symbol position, or number position must be independently chosen without regard to any other card, symbol, or number drawn within that game play. This test is the correlation test. Each pair of card, symbol, or number positions is considered random if it meets the 99 percent confidence level using standard correlation analysis.

(4) Serial Correlation Test: Each card position, symbol position, or number position must be independently chosen without reference to the same card, symbol, or number position in the previous game. This test is the serial correlation test. Each card, symbol, or number position is considered random if it meets the 99 percent confidence level using standard serial correlation analysis.

(5) Outside Influences: The random number generator and selection process must be impervious to influences from outside devices including, but not limited to, electromagnetic interferences, electrostatic discharge, and radio frequency interferences.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461
Statutes/Other Implemented: ORS 461.215 & 461.217
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0060 Requirements for Percentage Payout

The maximum payout percentage for the Lottery’s Video LotterySM games is 96 percent. Extended play games may exceed this number.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a) & ORS 461.220
Statutes/Other Implemented: Or Const, Art XV, § 4(4) & ORS 461.220
LOTT 6-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 6-1996, f. 5-30-96, cert. ef. 6-1-96
LC 3-1996(Temp), f. & cert. ef. 3-27-96
LC 7-1995, f. & cert. ef. 7-7-95
LC 1-1995, f. 1-25-95, cert. ef. 3-1-95
LC 9-1994, f. 8-19-94, cert. ef. 9-1-94
LC 9-1993, f. 11-18-93, cert. ef. 12-1-93
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0065 Video Lottery Game Management

(1) Video Game Management: The Director of the Lottery shall manage the Video LotterySM games installed on its Video LotterySM game terminals pursuant to ORS 461.200. The Director may revise the Lottery’s Video LotterySM games at any time and in any manner. The Lottery is under no obligation to continue to operate existing games and may initiate new or revised games at any time.

(2) Retailer’s Sales: A retailer’s sales of all Lottery tickets and shares and sales of non-Lottery products are the prime factors considered by the Lottery in managing the games installed on its Video LotterySM equipment. A retailer’s sales from Video LotterySM games must comply with the provisions of OAR 177-040-0017 or 177-040-0061 and 177-045-0030.

(3) Removal of Games: The Lottery may furnish or remove video games from equipment on a retailer’s premises at any time for any reason. The Lottery may limit the amount of time that a game is available at any time for any reason.

(4) Test Equipment: With the consent of the retailer, the Lottery may test new or revised games on its equipment on a retailer’s premises.

(5) Operation of Other Laws: This rule does not preclude the Lottery from removing any or all of its games installed on its equipment or limiting the time or hours the games are operational pursuant to any other applicable law or contract provision.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.215 & 461.217
Statutes/Other Implemented: Or Const, Art XV, § 4(4), ORS 461.120, 461.215 & 461.217
LOTT 11-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 7-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 2-2005, f. 4-11-05, cert. ef. 5-1-05
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0070 Requirements for Poker Games

Video LotterySM game terminals offering poker games must meet the following requirements:

(1) General: Standard decks of 52 playing cards shall be used. Jokers may be added to the decks if the resulting payout percentages meet the requirements of OAR 177-200-0060.

(2) Shuffling: When the deck is shuffled, it must be shuffled randomly and frozen. All cards used for play must be taken in order from the top of the deck. All cards needed for play must be stored in the non-volatile memory of the Video LotterySM game terminal. Non-volatile memory is a device that stores information that cannot be erased or destroyed when power is disconnected to the Video LotterySM game terminal. The manufacturer need not represent the whole deck in memory. Shuffling is the process of generating the cards possibly used in the play and may be conducted in any manner that satisfies the randomness tests in OAR 177-200-0055.

(3) Dealing: The program must deal the first cards in the order they are contained in the shuffled deck to the player. For draw poker games or hands, the player must have the option to hold or discard one or more of the cards initially drawn according to the game design. Any autohold features that assist players in their decision as to which of the cards to hold and discard for the chance to obtain a winning combination must be displayed. Any cards that are discarded must be replaced by the remaining cards in the deck by a predefined process that draws any additional cards in the order they are contained in the shuffled deck.

(4) Initial Cards: If the initial cards dealt constitute a winning hand or hands according to the game’s pay table, the Video LotterySM game terminal must automatically notify the player of the winning hand or hands, display the kind of hand (e.g., one pair, two pair, three of a kind), and the potential prize amount.

(5) Conclusion of Play: At the conclusion of each game play, the Video LotterySM game terminal must display the winning combinations, if any, and the amount won.

(6) Extended Play: An extended play option may be included.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a) & ORS 461.220
Statutes/Other Implemented: Or Const, Art XV, § 4(4) & ORS 461.220
LOTT 8-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 11-2004, f. 6-23-04, cert. ef. 7-1-04
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03
LC 8-1991, f. & cert. ef. 11-25-91

Or. Admin. R. 177-200-0075 Requirements for Video Line Games

(1) General: A video line game must meet the following requirements:

(a) Randomness: The program must select numbers and symbols that satisfy the randomness requirements of OAR 177-200-0055.

(b) Multi-Line Game Play: When more than one line is played during a game play, each individual line that is brought into play by wagering additional credits must be clearly identified on the Video LotterySM game terminal screen.

(c) End of Each Play: At the end of each game play, the Video LotterySM game terminal must display and identify each winning combination of numbers or symbols, if any, and the amount won, if any.

(2) Configuration: A game may be configured as a matching game in which the player selects numbers or symbols from a fixed grid or pattern, or a game where randomly selected numbers or symbols line up in a row or other specified shape, or a game where one or more specified numbers or symbols must appear in order to constitute a winning game play.

(3) Cessation of Movement: A game may be configured so that after the player initiates game play, the movement of numbers or symbols stops automatically, or the player may manually choose to stop the movement prior to an automatic stop.

History

Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4)
Statutes/Other Implemented: ORS 461.210, 461.215, 461.217 & 461.220
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 2-2005, f. 4-11-05, cert. ef. 5-1-05

Or. Admin. R. 177-200-0077 Specialty Games

(1) General: The Lottery may offer Specialty Games. Specialty Games may be offered as poker games or video line games.

(2) Validation of Jackpot Prize Cash Slip: A cash slip issued for a Jackpot Prize may only be validated and paid at Lottery Headquarters or a Lottery Branch, pursuant to section (3) of this rule.

(3) Payment of Jackpot Prizes: A Jackpot Prize must be claimed by an individual by completing a winner claim form and submitting the form and cash slip as provided in OAR 177-200-0020. The winner claim form may be obtained from any Lottery retailer, a Lottery kiosk, from the Lottery Headquarters or a Lottery Branch, or downloaded from the Lottery’s website.

(4) Claiming a Jackpot Prize Jointly: A cash slip issued for a Jackpot Prize must be redeemed in accordance with the provisions of OAR 177-046-0110(5) for tickets and shares.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.215, 461.230, 461.250, 461.715 & 461.719
Statutes/Other Implemented: Or Const, Art XV § 4(4), ORS 316.127, 316.194, 461.560, ORS 461.120, 461.215, 461.230, 461.250, 461.715 & 461.719
LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 3-2015, f. 9-25-15, cert. ef. 10-1-15
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 4-2010(Temp), f. 3-10-10, cert. ef. 3-15-10 thru 9-4-10

Or. Admin. R. 177-200-0080 Discharge of Lottery from Liability

(1) General: The State of Oregon, its agents, officers, and employees, and the Oregon State Lottery Commission, its agents, officers, and employees, are discharged of all liability upon award of a prize, or, if a cash slip is presented to the Lottery for payment, upon payment of the cash slip. The State of Oregon, its agents, officers, and employees, and the Oregon State Lottery Commission, its agents, officers, and employees, are not liable for any terminal malfunction, loss or delivery delay of a cash slip or claim form by the United States Postal Service or a private express carrier, nor are they liable for the payment of any cash slip presented to a retailer for payment.

(2) Director’s Decisions: The Director’s decisions and judgments regarding award of a prize and the payment of a cash slip are final and binding. If a question arises as to the amount of a prize, the amount of a cash slip, whether a Video Lottery game terminal malfunctioned, or whether a cash slip or claim form was timely received by the Lottery, the Lottery may deposit any prize winnings into an interest-bearing escrow fund until it resolves the controversy, or it may petition a court of competent jurisdiction for instructions and a resolution of the controversy. All interest that may accrue while the prize winnings are on deposit in an interest-bearing fund is and remains the property of the Lottery.

(3) Disputes: In the event a dispute occurs between the Lottery and a player as to the amount of a prize, the receipt or amount of a cash slip, or whether a Video Lottery game terminal malfunctioned, the Director may replace the disputed wager with one of equivalent value. This is the player’s sole and exclusive remedy. The Director’s decision is final.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.210, 461.220, 461.230, 461.240 & 461.250
Statutes/Other Implemented: Or Const, Art XV § 4(4), ORS 461.210, 461.220, 461.230, 461.240 & 461.250
LOTT 9-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03

Or. Admin. R. 177-200-0090 Governing Law

(1) General: By playing a game on a Video LotterySM game terminal, a player agrees to abide by and comply with Oregon law, including the statutes and administrative rules governing Video LotterySM games and game terminals that are in effect and as may be amended, and any additional terms and conditions that may be found on the cash slip. In the event of a conflict between any additional terms and conditions on a cash slip with the Lottery’s rules, the rules control.

(2) Lottery Materials: All materials distributed by the Lottery for playing Video LotterySM games are to be used solely for playing the video games permitted under these rules. Any use or reproduction of the materials for purposes other than those permitted by these rules may constitute a violation of Oregon gambling laws.

(3) Director’s Decisions: All decisions of the Director regarding Video LotterySM games are final.

History

Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.215 & 461.215
Statutes/Other Implemented: Or Const, Art XV § 4(4), ORS 461.215 & 461.215
LOTT 10-2025, minor correction filed 09/29/2025, effective 09/29/2025
LOTT 9-2010, f. 8-30-10, cert. ef. 9-5-10
LOTT 15-2003, f. & cert. ef. 9-29-03
LOTT 7-2003(Temp), f. & cert. ef. 6-5-03 thru 11-28-03