RULES AND REGULATIONS
Title 61--REVENUE
DEPARTMENT OF REVENUE
[61 PA. CODE CH. 872]
Match 6 Lotto
[34 Pa.B. 50] The Secretary of Revenue (Secretary), under the authority contained in section 303 of the State Lottery Law (72 P. S. § 3761-303), adds Chapter 872 (relating to Match 6 Lotto).
Because of time constraints associated with the establishment, operation and administration of lottery games, the Department of Revenue (Department), under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204) and the regulation thereunder, 1 Pa. Code § 7.4, finds that notice of proposed rulemaking is under the circumstances impracticable and, therefore, may be omitted.
Based upon the time constraints associated with the establishment, operation and administration of lottery games, the Department is adopting this rulemaking as a final-omitted. The efficient and successful operation of the Lottery requires that the Lottery implement the latest innovations and trends in the lottery industry. The inability to adapt marketing strategies quickly may lead to a reduction in Lottery revenues. The necessity of the Lottery to react quickly to market forces has been recognized in the past as an appropriate justification for utilizing the proposed rulemaking omitted process as evidenced by the approval of these types of regulations in the past.
Purpose of Final-Omitted Rulemaking
This final-omitted rulemaking establishes and details the procedures that will be followed in operating and administering the Match 6 Lotto game.
Explanation of Regulatory Requirements
Match 6 Lotto is designed to give players the opportunity to win up to four prizes in each game.
For a $2 purchase, the player gets a ticket containing three sets of six numbers, the numbers in each of these sets ranging from 1 to 49. Players can win one, two or three prizes by matching, in each of their sets of numbers, three or more of the six winning numbers randomly drawn twice a week or as determined and publicly announced by the Secretary.
The combination of the player's 18 numbers generated by the single $2 purchase (arranged in the three sets of six numbers each), offers the player an additional opportunity to win. Players can win by matching any four or more numbers from among all of their three sets of numbers to any of the winning numbers selected by the Lottery.
Fiscal Impact
The Department has determined that the final-omitted rulemaking will have no adverse fiscal impact on the Commonwealth and that the game described by this final-omitted rulemaking could increase revenues available to older Pennsylvanians.
Paperwork
The final-omitted rulemaking will not generate substantial paperwork for the public or the Commonwealth.
Effectiveness/Sunset Date
The final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin. The final-omitted rulemaking is scheduled for review within 5 years of publication. No sunset date has been assigned.
Contact Person
The contact person is Anita M. Doucette, Office of Chief Counsel, Department of Revenue, Dept. 281061, Harrisburg, PA 17128-1061.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on November 25, 2003, the Department submitted a copy of the rulemaking with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Finance and the Senate Committee on Finance. On the same date, the rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
In accordance with section 5.1(j.1) of the Regulatory Review Act (71 P. S. § 745.5a(j.1)), the final-omitted rulemaking was deemed approved by the Committees on December 15, 2003. IRRC met on December 18, 2003, and approved the final-omitted rulemaking under section 5.1(e) of the Regulatory Review Act.
Findings
The Department finds that the final-omitted rulemaking is necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are unnecessary because of the time constraints associated with the establishment, operation and administration of Lottery games.
Order
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 61 Pa. Code, are amended by adding §§ 872.1--872.17 to read as set forth in Annex A.
(b) The Secretary shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
GREGORY C. FAJT,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 34 Pa.B. 134 (January 3, 2004).)
Fiscal Note: 15-424. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 61. REVENUE
PART V. STATE LOTTERIES
CHAPTER 872. MATCH 6 LOTTO Sec.
872.1. Creation. 872.2. Purpose. 872.3. Definitions. 872.4. Ticket sales retailers. 872.5. Ticket price. 872.6. Match 6 Lotto bet slip and ticket characteristics and restrictions. 872.7. Time, place and manner of conducting drawing. 872.8. Determination of prize winners. 872.9. Ticket responsibility. 872.10. Ticket validation requirements. 872.11. Procedures for claiming and payment of prizes. 872.12. Prizes. 872.13. Unclaimed prize money. 872.14. Withholding. 872.15. Purchase and prize restrictions. 872.16. Governing law. 872.17. Probability of winning. § 872.1. Creation.
Under the act and this part, there is created a numbers game, called Match 6 Lotto, which will commence at the discretion of the Secretary, and will continue until the Secretary publicly announces a suspension or termination date.
§ 872.2. Purpose.
(a) Match 6 Lotto is designed to give players the opportunity to win up to four prizes in each game.
(b) For a $2 purchase, the player gets a ticket containing three sets of six numbers, the numbers in each of these sets ranging from 1 to 49. Players can win one, two or three prizes by matching, in each of their sets of numbers, three or more of the six winning numbers randomly drawn twice a week or as determined and publicly announced by the Secretary. Correctly matching three or more of the six winning numbers selected by the Lottery and meeting the other validation criteria, entitles the ticket holder to a prize identified in § 872.8(a) (relating to determination of prize winners).
(c) The combination of the player's 18 numbers generated by the single $2 purchase (arranged in the three sets of six numbers each), offers the player an additional opportunity to win. Matching any four or more numbers from among all of their three sets of numbers to any of the winning numbers selected by the Lottery and meeting the other validation criteria, entitles the ticket holder to a prize identified in § 872.8(b).
§ 872.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Apparent winning ticket--A game ticket bearing winning numbers which has not been validated by the Lottery.
Base play--Each of the three sets of six numbers resulting from a $2 purchase.
Combined game--The combination of the 18 numbers (three plays) on a player's ticket.
Drawing--The process of selecting winning numbers that determine the number of winners for each prize category of the game.
First place (jackpot) prize pool--The amount allocated from Match 6 Lotto gross sales for a particular Match 6 Lotto Game drawing for the purpose of paying first place (jackpot) prizes, which may include first place (jackpot) prize moneys from previous drawings when a first place prize (jackpot) was not won as provided in § 872.8(a)(2) (relating to determination of prize winners).
Game section--One of 5 areas of the Match 6 Lotto bet slip that contains 49 squares each numbered 1 through 49. Each area is lettered Game A, B, C, D or E, and when used to purchase a ticket, corresponds to the numbers selected and the numbers that are quick picked and printed on the ticket.
Match 6 Lotto bet slip--A card having a game section used by a player to play the game.
On-line retailer or retailer--A person who is properly authorized by the Lottery to sell tickets.
Quick pick--The random selection through a Lottery terminal of six different numbers from 1 through 49 that appear as a play in the Match 6 Lotto Game.
Ticket--A Match 6 Lotto ticket is a Lottery ticket produced by a licensed retailer in an authorized manner, and contains, at the discretion of the player 1, 2, 3, 4 or 5 games, designated respectively as Game A, B, C, D and E. Each game designation is followed by its three plays. The ticket also contains at a minimum, the drawing date, the amount bet and validation data. Each game consists of three plays. A play consists of six numbers, either player or quick pick selected, from 1 through 49. The player may select or designate as quick pick selection one play per game, the remaining two plays of the game are quick pick selections.
Winning numbers--Six numbers, from 1 through 49, selected in a Match 6 Lotto drawing and which have been subsequently validated by the Lottery, which shall be used to determine the winning plays and the combined game winners on Match 6 Lotto Game tickets.
§ 872.4. Ticket sales retailers.
(a) Match 6 Lotto Game ticket sales may only be made through licensed retailers the Director will appoint and contract with as provided in § 815.42 (relating to ticket sales agents).
(b) The Lottery may terminate sales by a retailer without prior notice to the retailer if the retailer becomes delinquent in payment of proceeds due the Lottery, or fails to handle Lottery funds in the prescribed manner, or if the retailer fails to follow the contract or an addendum thereof, this part or procedures established governing the sale of tickets or if the Lottery deems it to be in the best interest of the Commonwealth.
§ 872.5. Ticket price.
Match 6 Lotto game tickets may be purchased for $2 per game. Each game shall consist of three individual plays, one of which, at the player's option may be numbers selected by the player; the remaining two number plays are quick pick selections. These three individual plays combined constitute a game. Additional games may be purchased at the discretion of the player. A ticket may contain one to five games.
§ 872.6. Match 6 Lotto bet slip and ticket characteristics and restrictions.
(a) The player shall select, or request selection by computer, six numbered squares, in one or more of the game sections on a Match 6 Lotto bet slip. Match 6 Lotto bet slips shall be available at no cost to the player. The minimum entry is $2. For $2, play game A; for $4, play games A and B; for $6, play games A, B and C; for $8, play games A, B, C and D; for $10, play games A, B, C, D and E. Game sections shall be selected in alphabetical order in accordance with the instructions printed on the Match 6 Lotto bet slip. A Match 6 Lotto bet slip has no pecuniary or prize value and does not constitute evidence of the purchase of a ticket or the numbers selected.
(b) To purchase a ticket, players shall, in addition to the purchase price, submit the completed Match 6 Lotto bet slip, or request number selection, either by quick pick or manual terminal entry, to an on-line retailer to have issued a ticket. The ticket shall consist of one to five games, each containing three six number selections, two of which will be quick pick selections, in each game section (for each $2 wager) identified by a letter, the drawing date, amount bet and validation number data. This ticket shall be the only valid proof of the bet placed, and the only valid receipt for claiming a prize. The ticket shall only be valid for the drawing dates printed on the ticket.
(c) If Match 6 Lotto bet slips are unavailable, number selections may be given to an on-line retailer in groups of six number selections, one for each game section and for each $2 wagered. The retailer shall manually enter the selections into the computer terminal.
(d) A Match 6 Lotto ticket may not be canceled or voided once printed by the Lottery terminal, even if the ticket is printed in error.
(e) It is the sole responsibility of the ticket holder to verify the accuracy and condition of data printed on the ticket. The placing of plays is done at the player's own risk through the on-line retailer who is acting on behalf of the player in entering the play or plays.
§ 872.7. Time, place and manner of conducting drawing.
(a) Time of drawing. A Match 6 Lotto drawing will be held twice a week or as determined and publicly announced by the Secretary.
(b) Place of drawing. A Match 6 Lotto drawing will be conducted in the Harrisburg area unless the Secretary directs that a drawing or part of the drawing procedure be conducted at some other location.
(c) Manner of conducting drawings. The Lottery will draw at random, six numbers from 1 through 49, with the aid of mechanical devices or any other selection methodology as authorized by the Secretary. The six numbers selected will be used in determining base play winners and combined game winners for each individual drawing. The validity of a drawing will be determined solely by the Lottery.
§ 872.8. Determination of prize winners.
(a) The Match 6 Lotto base play prizes and determination of Match 6 Lotto base prize play winners is as follows:
Tickets Containing The Following,
In One Single PlayPrize Category Prize Percent (%) of Sales Anticipated
To Be Paid In Prizes/CategoryAll Six Winning Numbers 1st Jackpot 12.83% Actual Five Winning Numbers 2nd* $1,000 2.76% Four Wining Numbers 3rd* $20 2.92% Three Winning Numbers 4th* $2 5.30% *Indicates set prize.
(1) Prize money allocated to the base play first prize category (jackpot) will be paid on a pari-mutuel basis, divided equally by the number of plays on tickets determined by the Lottery to be entitled to claim a first prize. The Lottery will estimate and announce the projected amount of the upcoming jackpot (first place prize pool) prior to the drawing. Payment will be made only in the amount actually in the first place (jackpot) prize pool.
(2) If, in a Match 6 Lotto drawing, there are no winning base play first place prize plays (jackpots), prize money allocated to that prize category will be added to the amount allocated for the first prize category money in the next Match 6 Lotto drawing.
(3) If more than one winning base play first place prize play is determined, each, upon meeting the requirements of §§ 872.10 and 872.11 (relating to ticket validation requirements; and procedures for claiming and payment of prizes), is entitled to a prorated payment share of the total first prize category.
(b) The Match 6 Lotto combined game prizes and determination of Match 6 Lotto combined game prize play winners is as follows:
Tickets Containing the Following,
In One Single GamePrize* Percent (%) of Sales Anticipated
To Be Paid In Prizes/Category10 or More Winning Numbers $2,500 0.21% 9 Winning Numbers $1,000 1.11% 8 Winning Numbers $50 0.58% 7 Winning Numbers $25 2.12% 6 Winning Numbers $10 4.66% 5 Winning Numbers $5 9.49% 4 Winning Numbers $2 11.02% *All prizes listed are set prizes.
(c) All Match 6 Lotto prize payments, including a jackpot prize, will be made as a one time lump-sum cash payment.
(d) A winning Match 6 Lotto game ticket is entitled only to the highest prize won by those numbers on each play plus the highest prize won by those numbers on the combined game.
(e) The number of prize categories, the allocation of prize money among the prize categories and the minimum base play first place prize category (jackpot) amount may be changed at the discretion of the Secretary and the change will be announced by public notice. The changes will only apply prospectively to Match 6 Lotto drawings as of the date specified in the public notice.
(f) Retailer incentive and marketing promotion programs, including the use of unfunded free tickets, may be implemented at the discretion of the Secretary. Funds for the programs, if needed, will be drawn from the Lottery fund.
§ 872.9. Ticket responsibility.
(a) A ticket is a bearer document deemed to be owned by the person holding the ticket, except that if a name is contained on the back of the ticket, the person so named will, for all purposes, be considered the owner of the ticket.
(b) The Commonwealth will not be responsible for lost or stolen tickets.
(c) The purchaser of the ticket has the sole responsibility for checking the accuracy and condition of the data printed on the ticket.
(d) The Commonwealth will not be responsible for tickets redeemed in error by an on-line retailer.
§ 872.10. Ticket validation requirements.
(a) Valid tickets. To be a valid ticket, the following conditions shall be met:
(1) The ticket validation numbers shall be present in their entirety and shall correspond, using the computer validation file, to the selected numbers printed on the ticket for the date printed on the ticket.
(2) The ticket shall be intact.
(3) The ticket may not be mutilated, altered, reconstituted or tampered with.
(4) The ticket may not be counterfeit or an exact duplicate of a winning ticket.
(5) The ticket shall have been issued by the Lottery through a licensed retailer.
(6) The ticket may not have been stolen.
(7) The ticket shall be validated in accordance with § 872.11 (relating to procedures for claiming and payment of prizes).
(8) The player-selected or computer-selected numbers on the ticket shall be in individual groups of six numbers each. Each group of six numbers shall be a play. Each group of three plays shall be preceded with the designation Game A, B, C, D or E. The game and its lettered designation and the following three plays constitute a single game.
(9) The ticket data shall have been recorded on the Lottery's central computer system prior to the drawing and the ticket data shall match this computer record in every respect.
(10) The player and computer-selected numbers, the validation data and the drawing date of an apparent winning ticket shall appear on the official file of winning tickets. A ticket with that exact data may not have been previously paid.
(11) The ticket may not be misregistered, defectively printed, or printed or produced in error to an extent that it cannot be processed by the Lottery.
(12) The ticket shall pass other confidential security checks of the Lottery.
(13) By submitting a ticket for validation, the player agrees to abide by this chapter as determined by the Secretary.
(14) There may not be another breach of this part in relation to the ticket which, in the opinion of the Secretary, justifies disqualification.
(b) Invalid or defective tickets/disputes. A ticket not passing the validation checks in subsection (a) will be considered invalid and will not be paid.
(1) In cases of doubt, the determination of the Secretary is final and binding. The Secretary may replace an invalid ticket with a ticket of equivalent sale price from a current Lottery game.
(2) If a defective ticket is purchased or if the Secretary determines to adjust an error, the sole and exclusive remedy will be the replacement of the defective or erroneous ticket with a ticket of equivalent sale price from a current Lottery game.
(3) If a ticket is not paid by the Lottery and a dispute occurs as to whether the ticket is a winning ticket, the Lottery may replace the ticket as provided in paragraph (2). This is the sole and exclusive remedy of the holder of the ticket.
§ 872.11. Procedures for claiming and payment of prizes.
(a) A prize shall be claimed only through a licensed on-line retailer as soon as that drawing is placed in pay status by the Lottery.
(b) An online retailer is authorized and required to make payment of a prize of $2,500 or less, if the ticket is presented within a designated time period as announced by the Secretary, on an individual winning ticket, if the retailer has sufficient funds available for payment.
(c) The holder of an apparent winning ticket representing a prize of $2,500 or less will be paid by participating on-line retailers as provided in subsection (b), if the ticket validation requirements in § 872.10 (relating to ticket validation requirements) have been met, a proper validation pay ticket has been issued by the retailer's computer terminal and other retailer procedures have been met.
(d) The holder of an apparent winning ticket representing a prize in excess of $2,500, with the exception of the first place prize (jackpot), shall present the winning ticket to an on-line retailer or authorized claim center under Chapter 811 (relating to prizes).
(e) The holder of an apparent winning ticket representing a first place prize (jackpot) shall present, in person, the apparent winning ticket to Lottery Headquarters or a Lottery area office under Chapter 811.
(f) The payment of a prize to a person who dies before receiving a particular prize or to a person under 18 years of age will be paid under §§ 811.16 and 811.27 (relating to prizes payable after death of prize winner; and payment of prizes to persons under 18 years of age).
(g) The Commonwealth will be discharged of liability after payment of prizes as provided in § 811.26 (relating to discharge of State liability upon payment).
§ 872.12. Prizes.
(a) If the total of the set prizes won in a particular Match 6 Lotto drawing exceed sales for that drawing by 100% or more, then those set prize tiers, in which the stated prizes won exceed the percentage of sales anticipated to be paid in prizes/category, will become pari-mutuel. Moneys will be drawn from the Lottery Fund, to the extent necessary, to fund the payment of prizes under this subsection.
(b) If the Match 6 Lotto is terminated for any cause, prize moneys remaining undistributed will be paid out of the State Lottery Fund and used for purposes otherwise provided for by law.
§ 872.13. Unclaimed prize money.
Prize money on a winning Match 6 Lotto play may be retained by the Secretary for payment to the person entitled to it. If within 1 year of the drawing date on the ticket, no claim is made on a winning play, as determined by the Secretary, the right to claim prize money terminates, and the prize money will be paid into the State Lottery Fund and used for purposes otherwise provided for by statute.
§ 872.14. Withholding.
Federal withholding taxes will be withheld by the Lottery for prize payments in amounts required in accordance with applicable provisions of law.
§ 872.15. Purchase and prize restrictions.
A ticket may not be purchased by, and a prize will not be paid to, an officer or employee of the Lottery, Lottery professional services contractors or subcontractors, who are involved in the operation of the on-line lottery games system or its associated drawings, or to a spouse, child, brother, sister or parent residing in the same household of the officer, employee, contractor or subcontractor.
§ 872.16. Governing law.
(a) In purchasing a ticket, the purchaser agrees to comply with and abide by applicable laws, this part, instructions, conditions and final decisions of the Secretary, and procedures established by the Secretary for the conduct of the Match 6 Lotto.
(b) Decisions made by the Secretary including the declaration of prizes and the payment thereof in interpretation of this part are final and binding on players and persons making a claim in respect thereof.
§ 872.17. Probability of winning.
(a) Probabilities of winning per game:
Number of Winning Numbers
Selected By PlayerPrize Category Probability* of Winnings Per Game All 6 Winning Numbers Jackpot 1:4,661,272.3 5 Winning Numbers $1,000 1:18,067.3 4 Winning Numbers $20 1:344.5 3 Winning Numbers $2 1:19.2 *Odds that one or more plays in a 3-play game will win a prize at the given level. Since more than one play can win a prize, levels are not mutually exclusive.
(b) Probability of winning combined game:
Number of Winning Numbers
Selected By PlayerPrize* Probability of Winnings Per Game 10 or More Winning Numbers $2,500 1:597,302.6 9 Winning Numbers $1,000 1:45,267.4 8 Winning Numbers $50 1:4,440.4 7 Winning Numbers $25 1:590.9 6 Winning Numbers $10 1:106.7 5 Winning Numbers $5 1:26.4 4 Winning Numbers $2 1:9.1 *All combined game prizes are set prizes.
[Pa.B. Doc. No. 04-14. Filed for public inspection January 2, 2004, 9:00 a.m.]
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