RULES AND REGULATIONS

Title 61—REVENUE

DEPARTMENT OF REVENUE

[ 61 PA. CODE CH. 876 ]

iLottery

[50 Pa.B. 1528]
[Saturday, March 14, 2020]

 The Department of Revenue (Department) is promulgating permanent regulations to govern the implementation and operation of iLottery in this Commonwealth under the authority in section 503 of Act 42 of 2017 (P.L. 419, No. 42) (act) (4 Pa.C.S. § 503 (relating to iLottery authorization)) for the Secretary of the Department to offer iLottery games, and under the general authority in section 303(a) of the act of August 26, 1971 (P.L. 351, No. 91), as amended, known as the State Lottery Law (72 P.S. § 3761-303(a)). Under section 503(b)(1) of the act, the Department issued temporary regulations which are codified in 61 Pa. Code Chapter 876 (relating to iLottery games—temporary regulations), published at 48 Pa.B. 1829 (March 31, 2018). The act requires that the temporary regulations expire no later than 2 years following publication in the Pennsylvania Bulletin.

 The proposed rulemaking was published at 49 Pa.B. 2242 (May 4, 2019). The proposed rulemaking was printed showing revisions from the temporary regulations due to the number of changes made by the Department from the temporary regulations to the proposed rulemaking.

Purpose of this Final-Form Rulemaking

 The purpose of this final-form rulemaking is to adopt regulations to govern iLottery implementation and operation in this Commonwealth. The Department, through the Secretary, is responsible for implementing iLottery through the authorization of the iLottery program and its various components, including, but not limited to, iLottery games. The Pennsylvania State Lottery (Bureau) is responsible for the operation and administration of the lottery, including iLottery.

 Since iLottery's implementation in May 2018, it has generated revenue dedicated to and deposited in the State Lottery Fund. The efficient and successful administration and operation of the lottery requires that this final-form rulemaking be promulgated in a timely manner and include provisions that allow for the growth of the lottery, the availability of new lottery products and new technology, including the implementation of the latest innovations and trends in the industry.

Explanation of Regulatory Requirements

 Chapter 876 in the temporary regulations addressed certain statutory requirements of the act, including iLottery terms and conditions and self-exclusion requirements. The temporary regulations also addressed iLottery games and the rules associated with those games. This final-form rulemaking reflects the direction that the Department took in implementing iLottery and more clearly establishes rules which were previously only referenced in the iLottery terms and conditions. Registered iLottery player requirements, lottery account requirements and self-exclusion requirements, along with categories of iLottery games and their associated components and rules, are addressed in this final-form rulemaking.

 Each of the following paragraphs describe a specific section of this final-form rulemaking, followed by an explanation of the revisions made from the proposed rulemaking to this final-form rulemaking and ending with an explanation as to whether that section was included in the temporary regulations and how the section changed from the temporary regulations to the proposed rulemaking.

 The title of the chapter is changed from ''iLottery Games'' in the temporary regulations to ''iLottery'' in this final-form rulemaking to more accurately describe the requirements set forth in the chapter. Chapter 876 establishes requirements related to all aspects of iLottery, not only iLottery games.

 Section 876.1 (relating to scope) establishes what is covered by the chapter in this final-form rulemaking, including iLottery game rules, iLottery registration and participation, lottery account requirements and iLottery self-exclusion requirements. This section appears in the temporary regulations and is revised to include lottery account requirements as part of the scope of the chapter to more accurately reflect what is covered in the chapter.

 Section 876.2 (relating to definitions) includes definitions that also appear in other chapters of the State Lottery regulations, including ''bureau'' and ''secretary,'' for clarity and consistency. Definitions for terms specific to or related to iLottery include: ''bonus money,'' ''cash-out games,'' ''drawing,'' ''fixed payouts,'' ''iLottery,'' ''iLottery game,'' ''instant win game,'' ''Internet instant game,'' ''lottery account,'' ''lottery products,'' ''lotto game,'' ''numbers game,'' ''pari-mutuel,'' ''play,'' ''prize or lottery prize,'' ''prize pool or pool,'' ''prize tiers,'' ''progressive,'' ''purchase price,'' ''randomizer,'' ''random number generator,'' ''registered iLottery player,'' ''responsible gambling tools,'' ''subscription services,'' ''top prize,'' ''traditional lottery products,'' ''winning play'' and ''winning numbers.''

 This final-form rulemaking revises several definitions in the proposed rulemaking. The definition of ''bonus money'' is revised to change the term ''registered iLottery players'' to the defined term ''registered iLottery player'' for consistency. The proposed definitions of ''drawing,'' ''fixed payouts,'' ''instant win game,'' ''Internet instant game'' and ''random number generator'' are revised to replace the term ''play'' with the phrase ''play, chance or share'' for clarity and consistency.

 In response to a comment from the Independent Regulatory Review Commission (IRRC), the proposed definition of ''drawing'' is revised to remove the following substantive language: ''Drawings may be conducted by a mechanical device using balls, a random number generator, a randomizer or by using any other method authorized by the Secretary. Drawings may be on demand or at a predetermined date and time as established by the Secretary.'' The proposed definitions of ''iLottery'' and ''Internet instant game'' are revised to change the word ''players'' to the defined term ''registered iLottery player'' for clarity and consistency. The proposed definition of ''Internet instant game'' is also revised to add the word ''a'' in front of the phrase ''play, chance or share'' and to replace the word ''Lottery'' with the defined term ''Bureau'' for clarity and consistency. The proposed definition of ''lottery products'' is revised to add the following language in the second sentence: ''any iLottery game or lottery product authorized by the Secretary and offered by the Bureau under the act of August 26, 1971 (P.L. 351, No. 91) (72 P.S. §§ 3761-301—3761-315), known as the State Lottery Law, or Act 42 of 2017 (P.L. 419, No. 42) (4 Pa.C.S. §§ 501—505 (relating to lottery)) such as'' to enable the Bureau to offer additional lottery products through iLottery. The clause ''authorized for sale under the State Lottery Law'' is deleted to avoid duplicative language.

 The proposed definition of ''lotto game'' is revised to replace the word ''numbers'' with the phrase ''numbers, letters or symbols'' to clarify that lotto games may include the drawing of numbers, letters or symbols and to replace the phrase ''winning plays are those in which the'' with the phrase ''To win, a'' for clarity, since ''winning play'' is a defined term.

 The proposed definition of ''numbers game'' is revised to replace the word ''numbers'' with the phrase ''numbers, letters or symbols'' to clarify that numbers games may include the drawing of numbers, letters or symbols, to clarify that the numbers, letters or symbols are required to match and to remove any suggestion that a requirement is imposed on a registered iLottery player. Specifically, the sentence, ''A straight play requires the registered iLottery player to match the numbers in the same order as the winning numbers are drawn by the Bureau'' is replaced with the following sentence: ''In straight play, the numbers, letters or symbols are matched in the same order as the winning numbers are drawn by the Bureau.'' Additionally, the sentence, ''A box play requires the registered iLottery player to match all of the winning numbers drawn by the Bureau, but in any order'' is replaced with the following sentence: ''In box play, the numbers, letters or symbols match all of the winning numbers drawn by the Bureau, but in any order.''

 The proposed definition of ''pari-mutuel'' is revised to replace the term ''prize pool'' with ''prize pool or pool'' to reflect the defined terms. The proposed definition of ''prize or lottery prize'' is revised to add the phrase ''in this chapter'' to the end of the second sentence for clarity.

 The proposed definition of the term ''prize pool or pool'' is revised to clarify that reference to a ''prize pool'' or ''pool'' can also mean a preset number of plays, chances or shares containing a predetermined number of winners. The proposed definition of ''progressive'' is revised to replace the hyphenated word ''pre-determined'' with the non-hyphenated word ''predetermined'' for consistency. The proposed definition of ''purchase price'' is revised to replace the phrase ''share or chance'' with the phrase ''chance or share'' for consistency.

 The proposed definition of ''registered iLottery player'' is revised to change the tense of the words from ''created'' to ''creates'' and from ''registered'' to ''registers,'' for consistency. The proposed definition of ''winning numbers'' is revised to change the tense from ''will be'' to ''are.''

 Section 876.2 was included in the temporary regulations but was modified significantly in the proposed rulemaking. Specifically, the only defined terms which appeared in the temporary regulations were ''iLottery,'' ''iLottery game,'' ''internet instant game,'' ''lottery account,'' ''play'' and ''registered iLottery player.''

 The definition of ''iLottery'' in the temporary regulations is revised in the proposed rulemaking to include the phrase ''but are not limited to,'' so as not to limit the Bureau to existing technology, given how rapidly technology changes and to change the word ''allows'' to ''allow.'' The proposed definition is revised in this final-form rulemaking as explained previously.

 The definition of ''lottery account'' in the temporary regulations was revised in the proposed rulemaking to replace the phrase ''and participate in'' with the phrase ''iLottery and to participate in iLottery.'' The following sentence was also added to the definition of ''lottery account'' in the proposed rulemaking for clarity: ''A lottery account may be used to purchase or use lottery products, to participate in lottery promotions and second chance drawings and for lottery communications.'' The definition of ''play'' in the temporary regulations was revised in the proposed rulemaking to include the following sentence for clarity: ''May also be referred to as a chance or share.''

 The following defined terms did not appear in the temporary regulations and were added to the proposed rulemaking and are revised in this final-form rulemaking as explained previously: ''bonus money,'' ''drawing,'' ''fixed payouts,'' ''instant win game,'' ''lottery products,'' ''lotto game,'' ''numbers game,'' ''prize or lottery prize,'' ''prize pool or pool,'' ''progressive,'' ''purchase price,'' ''random number generator'' and ''winning numbers.''

 The following defined terms did not appear in the temporary regulations and were added to the proposed rulemaking and are not revised from the proposed rulemaking in this final-form rulemaking: ''Bureau,'' ''cash-out games,'' ''pari-mutuel,'' ''prize tiers,'' ''randomizer,'' ''responsible gambling tools,'' ''Secretary,'' ''subscription services,'' ''top prize,'' ''traditional lottery products'' and ''winning play.''

 Section 876.2a (relating to lottery products available through iLottery) reiterates the power vested with the Secretary under section 303 of the State Lottery Law to determine the type of lottery to be conducted. This section of this final-form rulemaking did not appear in the temporary regulations.

 Section 876.2b (relating to traditional lottery products) establishes that traditional lottery products sold through iLottery may be electronically delivered to the registered iLottery player's lottery account. Further, it clarifies that traditional lottery products sold through iLottery will be governed by the applicable traditional lottery regulations. Proposed subsection (b) is revised in this final-form rulemaking to remove the word ''and'' and replace it with the word ''or.'' This section did not appear in the temporary regulations.

 Section 876.2c (relating to categories of iLottery games) sets forth the categories of iLottery games that the Secretary may authorize and that the Bureau may offer, the ways in which the winners or outcomes of a game or a play are determined, how often iLottery game outcomes are determined, iLottery game prize structures and the ways in which drawings may be conducted. iLottery games may combine any number of the characteristics set forth in subsections (a)—(d) and (g) of this final-form rulemaking, which is provided for under subsection (e). Subsection (f) describes the way in which drawings may be conducted. Subsection (g) describes the frequency in which iLottery game outcomes may occur.

 The proposed rulemaking is revised in subsection 876.2c(c) to change the word ''plays'' to the phrase ''plays, chances or shares'' for clarity. Proposed subsection (e) is revised to include subsection (g) to the list of applicable subsections set forth in subsection (e). Subsections (f) and (g) are added since the definition of ''drawing'' is revised to remove the substantive provisions. The language in the proposed definition of ''drawing'' is revised since it is added as subsection (g) to change the specific reference to ''drawing'' and replace it with the more encompassing word ''outcome'' so as to include drawings, random number generators and randomizers as set forth in subsection (c). Section 876.2c did not appear in the temporary regulations.

 Section 876.2d (relating to iLottery game rules by category of game offered) establishes how the Bureau will notify players of new games offered by the Bureau, which may include any combination of the characteristics described in § 876.2c.

 Proposed subsection 876.2d(3) is revised in this final-form rulemaking to change the term ''iLottery games'' to ''the iLottery game'' and the clause ''iLottery games are'' to ''the iLottery game is.'' Proposed subsections (3) and (4) are revised to replace the word ''play'' with the phrase ''plays, chances or shares'' for clarity. Subsection (4) is also revised from the proposed rulemaking to replace the word ''lottery'' with the defined term ''iLottery'' for clarity. Subsection (6) is revised to replace the phrase ''share or chance'' with the phrase ''chance or share'' for consistency. Subsection (8) is revised to replace the word ''determined'' with the word ''established'' to more accurately reflect the Secretary's responsibilities and for consistency. Section 876.2d did not appear in the temporary regulations.

 Section 876.3 is reserved. In the temporary regulations, this section required notice of iLottery game rules. In the proposed rulemaking, this section was removed in its entirety and the requirements for notice of iLottery game rules are set forth in §§ 876.2d and 876.4 (relating to iLottery game description).

 Section 876.4 specifies the information that will be made available regarding each iLottery game, including the name of the game; the purchase price or range of purchase prices for a play, chance or share of that game; the odds of winning the game; prizes; and game instructions. This section also establishes where iLottery game descriptions will be located.

 Proposed § 876.4 is revised in this final-form rulemaking to add the word ''an''; to change the word ''descriptions'' to ''description''; to remove '', including'' since the Bureau's mobile application is separate from the Bureau's web site; to change ''Bureau's web site'' to ''Bureau's iLottery web site and''; to remove the comma following the word ''application''; and to add a comma following the term ''iLottery game.''

 Proposed subsection 876.4(2) is revised to change ''play'' to the phrase ''play, chance or share'' and subsection (6) is revised to add the word ''a'' in front of ''mini-game'' for consistency.

 Section 876.4 was included in the temporary regulations but was revised in the proposed rulemaking. The first paragraph was changed as follows: the word ''an'' was removed from the first sentence of the section (but is reinserted in this final-form rulemaking, as explained previously); the phrase ''Pennsylvania Lottery's iLottery,'' was replaced with the defined term ''Bureau's''; and the phrase ''including the Bureau's mobile application,'' was added for clarity (but is revised in this final-form rulemaking as explained previously). Subsection (2) was revised from the temporary regulations to the proposed rulemaking to include the phrase ''or range of purchase prices'' for clarity. Subsection (6) was revised from the temporary regulations to remove the word ''The'' and replace it with the phrase ''If applicable, the''; to remove the phrase ''if applicable, and the procedure'' with the term ''the instructions''; and to replace the phrase '', if applicable'' with ''and the chances of winning the bonus game, mini-game or game within a game and the prizes which can be won.''

 Section 876.5 (relating to price) establishes where a registered iLottery player can find information on the price for each iLottery game. The proposed rulemaking is revised in this final-form rulemaking to change the term ''play'' to the phrase ''play, chance or share'' for purposes of consistency. This section was included in the temporary regulations and was not otherwise revised in the proposed rulemaking or this final-form rulemaking.

 Section 876.6 (relating to governing law) sets forth the laws applicable to registered iLottery players and the laws that dictate how iLottery revenues are apportioned. Subsection (a) requires registered iLottery players to comply with Federal and State law, the regulations, the iLottery terms and conditions provided for under § 876.9 (relating to iLottery terms and conditions) and final decisions of the Secretary. Subsection (b) states that the revenues generated through iLottery will be apportioned as provided by Title 4 of the Pennsylvania Consolidated Statutes (relating to amusements) and the State Lottery Law.

 Proposed § 876.6 is revised in this final-form rulemaking to be divided into two subsections for clarity. The language in the new subsection (a) is revised from the proposed rulemaking to replace ''terms and conditions for registration and participation in iLottery,'' with ''iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions)'' to more accurately reflect the scope of the iLottery terms and conditions. The language in the new subsection (b) is revised to add ''regarding disposition of funds'' following the citation to section 12 of the State Lottery Law (72 P.S. § 3761-311). This section was in the temporary regulations and was not revised from the temporary regulations to the proposed rulemaking.

 Section 876.7 (relating to general provisions) sets forth certain overarching requirements for participation in iLottery. Subsection (a) requires an individual to establish a lottery account and to register for iLottery to purchase plays, chances or shares or to purchase lottery products using a lottery account. Subsection (b) requires an individual to accept, acknowledge, consent and agree to be legally bound by the iLottery terms and conditions provided for under § 876.9. Subsection (c) requires an individual to be located in this Commonwealth to purchase a play, chance or share. Subsection (d) requires an individual to be 18 years of age or older to purchase a play, chance or share or to purchase lottery products using a lottery account.

 Proposed subsection 876.7(a) is revised in this final-form rulemaking to replace the word ''and'' with the word ''or'' in the phrase ''to purchase a play, chance or share and to purchase. . . .'' Proposed subsection (b) is revised to add a comma between ''iLottery'' and ''to purchase'' and to add the phrase ''through iLottery'' following the phrase ''play, chance or share.'' The proposed subsections (c) and (d) are revised to replace the term ''play'' with the phrase ''play, chance or share'' for consistency.

 Section 876.7 was included in the temporary regulations and was revised from the temporary regulations to the proposed rulemaking. Specifically, subsection (a) is revised to replace the word ''plays'' with the phrase ''a play, chance or share and to purchase lottery products using a lottery account.'' and the proposed subsection (a) is revised in this final-form rulemaking as explained previously.

 Subsection 876.7(b) of the temporary regulations was revised as follows in the proposed rulemaking: the phrase ''be legally bound by'' is added for clarification; the word ''and'' was replaced with the word ''to''; and the phrase ''chance or share and to purchase lottery products using a lottery account'' was added (and is revised in this final-form rulemaking as explained previously). Temporary subsection (d) was revised in the proposed rulemaking to include the phrase ''or to purchase lottery products using a lottery account.''

 Section 876.8 (relating to applicability) specifies that the chapter only applies to iLottery, the sale of lottery products through iLottery and the purchase of lottery products using a lottery account. Proposed § 876.8 is revised in this final-form rulemaking to remove the phrase ''lottery products'' and replace it with the phrase ''plays, chances or shares through iLottery and the purchase of lottery products using a lottery account'' to clarify that the chapter applies to the purchase of plays, chances or shares through iLottery and to the sale of lottery products through a lottery account as opposed to the sale of lottery products more generally. The proposed rulemaking is also revised to add the phrase ''and administered'' to clarify that the Department and the Bureau both offer and administer iLottery and the sale of lottery products through iLottery. This section was included in the temporary regulations and was changed in the proposed rulemaking to remove the word ''only'' and to add the phrase ''and the sale of lottery products,'' which is revised in this final-form rulemaking as explained previously.

 Section 876.9 describes the terms and conditions associated with a lottery account and registration and participation in iLottery. This section also clarifies that the terms and conditions provided for in § 876.9 will be referred to generally as the iLottery terms and conditions. Section 876.9 also establishes where amendments to the iLottery terms and conditions will be published.

 Subsection 876.9(a) establishes that the terms and conditions for the creation of a lottery account, including amendments to those terms and conditions, will be published in the Pennsylvania Bulletin and will also be available on the Bureau's iLottery web site. Subsection (b) sets forth the requirements and information that will be included in the iLottery terms and conditions for the establishment of a lottery account and for registration and participation in iLottery.

 Subsection 876.9(b)(1) requires an individual who wants to establish a lottery account to acknowledge, consent, accept and agree to the terms and conditions required by this chapter which relate to the following: confirmation of the applicant's age and identity; use of a mechanism by the Bureau to determine the physical location of a registered iLottery player; end user license agreement for the software and third-party services used in the operation of iLottery and the provision of iLottery games; monitoring and recording of registered iLottery player communications and geolocation information; jurisdiction of the Commonwealth to resolve disputes; reasons for suspending or closing a lottery account; lottery account moneys and unclaimed property; withholding requirements; required deductions from lottery winnings; prize claims; use of electronic communications; responsible gambling limits; self-exclusion; methods of deposit; no interest on deposits; methods of withdrawing moneys; fraudulent and unlawful activity; dispute resolution; need for true and correct information to be provided to the Department and the Bureau; purchasing lottery products as gifts or for the benefit of another person; iLottery game rules; iLottery promotions; subscription services; and prohibited activities.

 Subsection 876.9(b)(2) establishes prohibitions against the following: allowing another individual to access or use the registered iLottery player's lottery account; purchasing a play, chance or share unless the registered iLottery player is physically located in this Commonwealth; using automated software or equivalent mechanisms to engage in iLottery, except to the extent adaptive technology is needed for a registered iLottery player with a disability; participation in iLottery by an individual under the age of 18; participation in iLottery by an individual who is self-excluded; the purchase of a play, chance or share or receipt of a prize by certain individuals involved with the operation and administration of iLottery and by certain family members of those individuals.

 Subsection 876.9(b)(3) provides the authority to include additional requirements necessary and relevant to the provision of iLottery in the iLottery terms and conditions.

 Subsection 876.9(a) of the proposed rulemaking is revised in this final-form rulemaking to add the following phrase at the end for clarity: ''and will be known as the iLottery terms and conditions.'' Proposed paragraph (a)(1) is revised to change ''terms and conditions'' to ''iLottery terms and conditions'' for consistency. Proposed paragraph (a)(2) is revised to change ''terms and conditions'' to ''iLottery terms and conditions'' for consistency; to change ''Bureau's web site'' to ''Bureau's iLottery web site'' for consistency; and to replace ''determined'' with ''established'' to more accurately reflect the Secretary's roles and responsibilities and for consistency.

 Subsection 876.9(b) of the proposed rulemaking is revised in this final-form rulemaking to change ''terms and conditions'' to ''iLottery terms and conditions'' for consistency. The proposed rulemaking is revised to change the word ''their'' to ''the'' in paragraph (b)(1)(vi) for clarity. Proposed paragraph (b)(1)(vi) is also revised to change the reference to ''account'' to the defined term ''lottery account'' for consistency and clarity. Proposed paragraph (b)(1)(vii) is revised to change the reference to ''account'' to ''lottery account'' for consistency and clarity. The proposed paragraph is revised to remove ''(relating to amusements).'' The proposed rulemaking was revised to remove the generic reference to Title 4 of the Pennsylvania Consolidated Statutes and to add the specific sections of Title 4 for consistency and clarity. Proposed paragraph (b)(1)(vii)(B) was further revised to capitalize the word ''state'' at the end of the paragraph.

 Paragraph 876.9(b)(1)(vii)(D) of the proposed rulemaking is revised to add the phrase ''by a registered iLottery player'' and to change the word ''his'' to ''the'' for clarification. Proposed paragraph (b)(1)(vii)(E) is revised to replace the word ''determined'' with the word ''established'' to more accurately reflect the Secretary's roles and responsibilities and for consistency.

 Paragraph 876.9(b)(1)(x) of the proposed rulemaking is revised to remove the word ''that'' for clarity. Paragraph (b)(1)(xi) of the proposed rulemaking is revised to remove the word ''description'' and replace it with the word ''descriptions.'' Proposed paragraph (b)(1)(xi) is also revised to change the reference to § 876.2(c) to § 876.2c. Proposed paragraph (b)(1)(xvi) is revised to change ''account'' to ''lottery account.'' Proposed paragraph (b)(1)(xvii) is revised to remove the word ''funds'' and replace it with the word ''moneys'' for consistency. Proposed paragraph (b)(1)(xx) is revised to include the phrases ''or Bureau'' and ''registered iLottery player's'' for clarity and consistency.

 The proposed rulemaking is also revised to add the following paragraphs: 876.9(b)(1)(xxii), which establishes that iLottery game rules and iLottery game descriptions are acknowledged by, consented to, agreed to and accepted by the registered iLottery player as part of the iLottery terms and conditions; (b)(1)(xxiii), which establishes that terms and conditions for iLottery promotions provided for under § 876.17 (relating to iLottery promotional prizes) are acknowledged by, consented to, agreed to and accepted by the registered iLottery player as part of the iLottery terms and conditions; and (b)(1)(xxiv), which establishes that terms and conditions related to subscription services as provided for under § 876.19 (relating to subscription services) are acknowledged by, consented to, agreed to and accepted by the registered iLottery player as part of the iLottery terms and conditions.

 Paragraph 876.9(b)(2)(i) of the proposed rulemaking is revised to remove the word ''from'' and replace it with the word ''against'' and to change ''account'' to the defined term ''lottery account'' for clarity and consistency. Paragraph (b)(2)(ii) of the proposed rulemaking is revised to remove the word ''from'' and replace it with the word ''against'' and to change the term ''play'' to the phrase ''play, chance or share'' for clarity and consistency. Paragraph (b)(2)(iii) of the proposed rulemaking is revised to remove the word ''for'' and replace it with the word ''by.'' Paragraph (b)(2)(vi) of the proposed rulemaking is revised to change the term ''play'' to the phrase ''play, chance or share'' for consistency and clarity. Proposed paragraph (b)(vi)(D) is revised to include the phrase ''as a member of'' and to change the word ''and'' to ''or'' for clarity and consistency.

 Portions of § 876.9 were included in the temporary regulations but changed during the rulemaking process. Specifically, temporary subsection (a) was revised as follows: to add the phrase ''the establishment of a lottery account and for the registration;'' to remove the phrase ''available on the Pennsylvania Lottery's iLottery web site and other locations as determined by the Secretary;'' and to add the phrase ''published in the Pennsylvania Bulletin.'' Subsections (a)(1) and (2) did not appear in the temporary regulations.

 Subsection 876.9(b) is revised from the temporary regulations to the proposed rulemaking to include the phrase ''the establishment of a lottery account and for.'' Paragraphs (b)(1)(i)—(v) remain unchanged from the temporary regulations. Temporary paragraph (b)(1)(vi) was revised in the proposed rulemaking to remove the sentence, ''The forfeiture and escheatment of funds remaining on deposit in the registered iLottery player's account if that account has been dormant for 3 years,'' which was replaced with the following language in the proposed paragraph: ''Any moneys remaining on deposit in the registered iLottery player's account as abandoned and unclaimed property if the registered iLottery player has not logged into their lottery account using their username and password in more than 3 years'' and is revised in this final-form rulemaking as explained previously. Temporary paragraphs (b)(1)(vii), (b)(1)(vii)(A) and (B) were unchanged in the proposed rulemaking but are revised in this final-form rulemaking as explained previously. Proposed paragraphs (b)(1)(vii)(C)—(E) did not appear in the temporary regulations. Temporary paragraphs (b)(1)(viii)—(x) were not changed in the proposed rulemaking, but proposed paragraph (b)(1)(x) is revised in this final-form rulemaking as explained previously.

 Paragraph 876.9(b)(1)(xi) of the temporary regulations is revised in the proposed rulemaking to remove the term ''iLottery'' from the phrase ''iLottery prizes''; to remove the reference to ''§ 876.3 (relating to notice of iLottery game rules)'' because that section is reserved; to add a reference to § 876.2(c), which is corrected in this final-form rulemaking as explained previously; and to replace the reference to the Pennsylvania Lottery with the defined term ''Bureau.'' This paragraph is revised in this final-form rulemaking as explained previously.

 Paragraph 876.9(b)(1)(xiii) of the temporary regulations is revised in the proposed rulemaking to replace the word ''establish'' with the phrase ''use the''; to remove the clause ''limits including a deposit limit, spend limit or time-based limit, as available, through the lottery account'' and replace it with the phrase ''tools available through iLottery.'' Temporary paragraph (b)(1)(xiv) is revised to add the clause ''and the extent to which the self-exclusion applies to use of the registered iLottery player's lottery account.'' Temporary paragraph (b)(1)(xv) is revised to replace the word ''funds'' with ''moneys'' throughout the paragraph.

 Paragraph 876.9(b)(1)(xii) of the temporary regulations is not changed in this final-form rulemaking. Temporary paragraphs (b)(1)(xvi)—(xix) were not changed in the proposed rulemaking, but paragraphs (b)(1)(xvi) and (xx) are revised in this final-form rulemaking as explained previously. Paragraphs (b)(1)(xxi)—(xxiv) did not appear in the temporary regulations.

 Subsection 876.9(b)(2) was included in the temporary regulations, and the following paragraphs were revised in the proposed rulemaking. Temporary paragraph (b)(2)(i) was revised to replace the word ''person'' with the word ''individual.'' Temporary paragraph (b)(2)(iii) was revised to replace the word ''utilizing'' with the word ''using'' and to add the following sentence: ''Nothing in this section shall prohibit the use of adaptive technologies for registered iLottery players with a disability as defined in the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12213).''

 In the proposed rulemaking temporary paragraphs 876.9(b)(2)(iv) and (v) were revised to change the words ''a person'' to ''an individual.'' Also in the proposed rulemaking temporary paragraph (b)(2)(vi) was revised to replace the clause ''Prohibition against the sale of a play or the award of a prize as follows:'' with ''Prohibition against purchasing a play or receiving a prize if the registered iLottery player is:'' and is revised in this final-form rulemaking as explained previously. Temporary paragraphs (b)(2)(vi)(A)—(D) were revised to replace ''To an'' with ''An,'' in the proposed rulemaking and paragraph (b)(2)(vi)(D) is revised in this final-form rulemaking as explained previously.

 Paragraph 876.9(b)(3) of the temporary regulations remains unchanged.

 Section 876.10 (relating to iLottery registration and participation) sets forth the requirements for registration and participation in iLottery. Subsection (a) requires an individual to create a lottery account and to register for participation in iLottery. Subsection (b) establishes that by becoming a registered iLottery player, the individual agrees to be bound by the iLottery terms and conditions as provided for under § 876.9. Subsection (c) sets forth the information that is required to establish a lottery account. Subsection (d) establishes that individuals may be asked for additional information in order to establish a lottery account. Subsection (e) requires the lottery account to have a username and password. Subsection (f) limits access to the lottery account to the registered iLottery player that established the lottery account.

 Subsection 876.10(g) sets forth the circumstances in which an individual will be prohibited from establishing a lottery account and registering for iLottery. Subsection (h) prohibits the purchase of a play, chance or share or the purchase of lottery products using a lottery account if the registered iLottery player is located outside of the geographical border of this Commonwealth. Subsection (i) prohibits an individual from having more than one lottery account but provides for the creation of a new account if a previous account was closed or the reopening of a closed account, as applicable. Subsection (j) prohibits an individual from registering or attempting to register for iLottery using more than one lottery account. Subsection (k) provides for communications related to lottery accounts and iLottery to occur electronically.

 Subsection 876.10(l) requires that lottery accounts be created through the Bureau's iLottery web site or the Bureau's mobile application. Subsection (m) allows a registered iLottery player to close their account at any time. Subsection (n) authorizes the Bureau to retain information of registered iLottery players who close their accounts to prevent fraud. Subsection (o) establishes the process of closing a lottery account.

 Subsection 876.10(b) of the proposed rulemaking is revised in this final-form rulemaking to replace the phrase ''terms and conditions'' with the phrase ''iLottery terms and conditions'' and to replace the word ''in'' with the phrase ''as provided for under.'' Proposed paragraph (c)(7) was revised to replace ''determined'' with ''established'' to more accurately reflect the responsibilities of the Secretary and for consistency. Proposed subsection (d) is revised to replace ''provided for'' with ''set forth'' and to add the phrase ''as provided for under § 876.9'' for clarity and consistency.

 Paragraph 876.10(g)(5) of the proposed rulemaking is revised to change the phrase ''terms and conditions'' to ''iLottery terms and conditions'' for clarity and consistency.

 Subsection 876.10(i) of the proposed rulemaking is revised to remove the word ''will'' and replace it with the word ''does''; to remove the word ''that'' and replace it with the word ''who''; to remove the word ''their'' and replace it with the word ''a''; and to replace the word ''their'' with the word ''the.'' Proposed subsection (j) is revised to change ''account'' with the defined term ''lottery account'' for clarity and consistency. Subsection (k) of the proposed rulemaking was revised to replace the word ''communication'' with ''communications.'' Proposed subsection (l) is revised to replace the phrase ''Bureau's web site'' with ''Bureau's iLottery web site'' for clarity and consistency.

 Section 876.10 was included in the temporary regulations, and some subsections were revised in the proposed rulemaking. Temporary subsections (a) and (b) remained unchanged in the proposed rulemaking, but subsection (b) is revised in this final-form rulemaking as explained previously. Temporary subsection (c) is revised to replace the clause ''The following information will be required to register for iLottery'' with the clause ''To establish a lottery account and register for iLottery, an individual shall provide the following information.'' Temporary paragraph (c)(1) is revised to replace ''Name'' with ''The individual's name'' and to remove the word ''on.'' Temporary paragraph (c)(2) was revised to replace ''Date'' with ''The individual's date.''

 Paragraph 876.10(c)(3) of the temporary regulations is revised to replace ''Entire'' with ''The entire'' and ''number'' with ''Number''; to add the word ''comparable''; and to remove the phrase ''for a foreign person such as a passport or taxpayer identification number.'' Temporary paragraph (c)(4) is revised to replace ''Home'' with ''The individual's home.'' Temporary paragraph (c)(5) is revised to replace ''Telephone'' with ''The individual's telephone.'' Temporary paragraph (c)(6) is revised to replace ''E-mail'' with ''The individual's e-mail.'' Temporary paragraph (c)(7) is not changed in the proposed rulemaking.

 Subsection 876.10(d) of the temporary regulations is revised to add the phrase ''as provided for in the iLottery terms and conditions'' and is revised in this final-form rulemaking as explained previously. Temporary subsection (e) remains unchanged. Temporary subsection (f) is revised to replace the phrase ''lottery account user'' with ''registered iLottery player.'' Temporary subsection (g) is revised to add the phrase ''establishing a lottery account and from.'' Temporary paragraph (g)(1) remains unchanged. Temporary paragraph (g)(2) is revised to replace the word ''in'' with ''is.'' Temporary paragraphs (g)(3) and (4) remain unchanged in the proposed rulemaking, but paragraph (g)(3) is revised in this final-form rulemaking as explained previously. Temporary paragraph (g)(5) is revised in the proposed rulemaking to remove the word ''as'' and in this final-form rulemaking as explained previously.

 Subsection 876.10(h) of the temporary regulations is revised to add the clause ''chance or share or purchase lottery products using a lottery account'' and to change ''verify'' to ''verify that.'' Temporary subsection (i) is revised to replace the word ''utilize'' with the word ''use'' and to add the following sentence: ''This will not prohibit a registered iLottery player that closes their lottery account from reopening their lottery account or creating a new account, as applicable, at a later date,'' which is revised in this final-form rulemaking as explained previously. Temporary paragraph (j) is revised to replace the word ''utilizing'' with the word ''using'' and is revised in this final-form rulemaking as explained previously. Subsections (k)—(o) were not included in the temporary regulations.

 Section 876.10a (relating to registered iLottery player lottery account requirements) establishes the requirements that registered iLottery players are subject to following the creation of a lottery account. Subsections (1) and (2) establish that registered iLottery players are subject to the end user license agreements for software and services used in the provision of iLottery. Subsection (3) requires confirmation of the registered iLottery player's age and identity. Subsection (4) requires the registered iLottery player to provide true and correct information to the Department and the Bureau. Subsections (5) and (6) subject the registered iLottery player to the continuous monitoring and recording of account information, including transactions and physical location. Subsection (7) provides for the suspension or closure of a lottery account for violation of the iLottery terms and conditions, related to a self-exclusion request, related to the application of responsible gambling tools, related to violations of the Pennsylvania Crimes Code and Title 4 of the Pennsylvania Consolidated Statutes and for other reasons established by the Secretary. Subsection (8) requires a registered iLottery player to comply with all applicable statutes, regulations and the iLottery terms and conditions as provided for in § 876.9. Subsection (9) requires a registered iLottery player to agree to the iLottery privacy policy available on the Bureau's iLottery web site and on the Bureau's mobile application.

 The proposed rulemaking is revised in this final-form rulemaking to change the title of this section from ''lottery account requirements'' to ''registered iLottery player lottery account requirements'' to clarify that it is the registered iLottery player that is subject to the lottery account requirements. Subsection (4) of the proposed rulemaking is revised to add the phrase ''and the Bureau'' for consistency and clarity. Proposed subsections (6) and (7) are revised to change ''a registered iLottery player'' to ''the registered iLottery player.''

 Paragraph 876.10a(7)(i) of the proposed rulemaking is revised to change ''provided'' to ''provided for.'' Proposed paragraph (7)(ii) is revised to change ''relating to self-exclusion from iLottery'' to ''relating to self-exclusion from iLottery and responsible gambling tools'' due to the change of the title of § 876.16 (relating to self-exclusion from iLottery). Proposed paragraph (7)(iii) is revised to replace ''provided for'' with ''set forth'' and to add ''as provided for under § 876.9.'' Proposed paragraph (7)(iv) is revised to change ''charged'' to ''charged with'' for clarity; to remove the generic reference to Title 4 of the Pennsylvania Consolidated Statutes and to include the specific sections of Title 4 for consistency and clarity; to remove ''(relating to amusements)''; and to capitalize the word ''state'' at the end of the subsection. Proposed paragraph (7)(v) is revised to replace ''as determined'' with ''established'' to more accurately reflect the roles and responsibilities of the Secretary and for consistency.

 Subsection 876.10a(8) of the proposed rulemaking is revised to replace ''a'' with ''the'' at the beginning of the subsection and to remove ''laws,'' for clarity. Additionally, proposed subsection (8) is revised to add ''as provided for under § 876.9'' for consistency and clarity. Proposed subsection (9) was revised to add '', available on the Bureau's iLottery web site and on the Bureau's mobile application'' for clarity.

 Section 876.10a was not included in the temporary regulations.

 Section 876.11 (relating to purchase and prize restrictions) establishes the restrictions related to purchases made using a lottery account and the restrictions related to the issuance of prizes. Subsection (a) requires an individual to be at least 18 years of age to register for iLottery or to purchase a play, chance or share. Subsection (b) requires registered iLottery players to be within the geographical boundaries of this Commonwealth in order to purchase a play, chance or share through iLottery. Subsection (c) prohibits certain individuals associated with the Bureau or the Bureau's contractors or subcontractors from purchasing a play, chance or share or being awarded a prize. Subsection (d) prohibits a registered iLottery player from cancelling the purchase of a play, chance, share or lottery product.

 Subsections 876.11(a)—(c) of the proposed rulemaking are revised in this final-form rulemaking to change ''play'' to ''play, chance or share'' for clarity and consistency. Subsection (b) is revised to change the phrase ''registered iLottery players'' to ''A registered iLottery player'' for clarity and consistency. Proposed paragraph (c)(2) is revised to replace ''in'' with ''as a member of'' for clarity and consistency. Proposed paragraph (c)(4) is revised to include the phrase ''residing as a member of the same household as'' for clarity and consistency.

 Subsections 876.11(a)—(c) of this section were included in the temporary regulations and were not changed in the proposed rulemaking but are revised in this final-form rulemaking as explained previously. Subsection (d) was not included in the temporary regulations.

 Section 876.11a (relating to methods to fund a lottery account) provides the methods by which a registered iLottery player may fund a lottery account. Subsection (a) establishes that a registered iLottery player is required to deposit money or credits in the lottery account prior to purchasing a play, chance or share or other lottery products through a lottery account. Subsection (b) establishes that the Secretary will determine which specific payment methods will be available and where the information regarding acceptable payment methods can be located. Subsection (c) lists the payment methods available for funding a lottery account and allows other available payment options that are authorized by the Secretary. Subsection (d) allows the Secretary to establish conditions or limits specific to different types of deposit methods. Subsection (e) allows the Secretary to establish a minimum deposit amount.

 Subsection 876.11(a) of the proposed rulemaking is revised in this final-form rulemaking to change the term ''play'' to the phrase ''play, chance or share'' for clarity and consistency. Proposed subsection (b) is revised to remove the phrase ''in his sole discretion;'' to change ''registered iLottery players'' to ''a registered iLottery player''; and to change ''iLottery products'' to ''lottery products'' for clarity and consistency. Proposed subsection (b) is also revised to add ''as provided for under § 876.9 (relating to iLottery terms and conditions).'' Proposed paragraph (c)(3) is revised to remove ''issued by agents.'' The phrase ''and issued by the Bureau'' is added to proposed paragraphs (c)(2) and (3) for clarity.

 Section 876.11a was not included in the temporary regulations.

 Section 876.11b (relating to lottery account moneys and credits) establishes requirements related to the moneys and credits in a registered iLottery player's lottery account. Subsection (a) establishes that moneys or credits deposited in a lottery account can be used to purchase plays, chances or shares and other lottery products. Subsection (b) establishes that moneys or credits deposited in a lottery account will not earn interest. Subsection (c) establishes that moneys remaining in a dormant lottery account for more than 3 years will be considered abandoned and unclaimed property.

 Subsection 876.11b(a) of the proposed rulemaking is revised in this final-form rulemaking to change ''play'' to ''plays, chances or shares''; to add a comma after ''lottery products''; and to add the phrase ''and offered by the Bureau'' at the end of the subsection. Proposed subsection (c) is revised to replace the word ''their'' with the word ''the.''

 Section 876.11b was not included in the temporary regulations.

 Section 876.12 (relating to prizes) sets forth requirements related to prizes. Subsection (a) provides the Secretary with the authority to determine the manner in which a prize is awarded to a player, including by check, draft or electronically through the registered iLottery player's lottery account. Subsection (b) specifies that the Bureau will report taxable prizes and events to relevant taxing authorities. Subsection (c) provides that the Commonwealth and its agents, officers and employees shall not be liable upon payment of a prize. Subsection (d) requires that prizes be reduced by the required tax withholding and other legally required deductions. Subsection (e) allows the Bureau to withhold some prizes until the Department or the Bureau can confirm the registered iLottery player has no outstanding liabilities that must be deducted from the prize. Subsection (f) establishes that winning plays are based on the information maintained by the Bureau.

 Subsection 876.12(a) of the proposed rulemaking is revised in this final-form rulemaking to add the phrase ''and offered by the Bureau'' for clarity. Proposed subsection (c) is revised to remove the word ''payment'' and replace it with the word ''award'' for clarity and consistency. Proposed subsection (e) is revised to add the phrase ''or the Bureau'' and to add the ''relating to'' parenthetical for the reference to § 876.14, for clarity and consistency. Proposed subsection (f) is changed to replace the phrase ''prize winning plays'' with the term ''winning plays'' for clarity and consistency.

 Section 876.12 was included in the temporary regulations as a single-section regulation but was revised in the proposed rulemaking. Specifically, the temporary regulations were revised to add subsections, and temporary § 876.12 became subsection (a), which is revised to change ''account'' to ''lottery account'' and to add ''or other means as authorized by the Secretary.''

 Section 876.12a (relating to prize claims) addresses the process required to claim a prize. Subsection (a) provides that the Bureau will generate applicable tax forms for reportable gambling and lottery winnings. Subsection (b) authorizes the Bureau to use the lottery account information provided by the registered iLottery player to complete the applicable tax forms. Subsection (c) specifies that the Bureau may require a registered iLottery player to complete a claim form and submit it in person at one of the Bureau's claim centers. Subsection (d) states that prizes requiring a prize will not be credited to a registered iLottery player's lottery account until the claim form is properly completed, submitted to and accepted by the Bureau. Subsection (e) provides for the expiration of certain lottery prizes if a required claim form is not properly completed or received.

 Subsection 876.12(d) of the proposed rulemaking is revised in this final-form rulemaking to change ''submitted to'' to ''submitted to and accepted by'' for clarity. Proposed subsection (e) is revised to remove the phrase ''prize winner'' and replace it with the defined term ''registered iLottery player'' and to include the citation for the State Lottery Law.

 Section 876.12a was not included in the temporary regulations.

 Section 876.13 (relating to withholding) establishes that prize payments are subject to Federal and State withholding taxes as required by law. This section is not changed from the temporary regulations.

 Section 876.14 (relating to deductions required by law) establishes that prizes may be reduced by other deductions as required by law, including 23 Pa.C.S. § 4308 (relating to lottery winnings intercept) and 72 P.S. § 215 regarding lottery winnings intercept. Proposed subsection (2) is revised to add the ''relating to'' parenthetical for the statutory citation.

 Section 876.14 was included in the temporary regulations and is revised in the proposed rulemaking to replace the phrase ''iLottery prize winnings'' with the term ''prizes,'' to remove the period after ''law''; and to add '', including those amounts required under: (1) 23 Pa.C.S. § 4308 (relating to lottery winnings intercept). (2) 72 P.S. § 215,'' which is revised in this final-form rulemaking as explained previously.

 Section 876.14a (relating to withdrawals from a lottery account) addresses withdrawal requirements and limitations related to a lottery account. Subsection (a) establishes that registered iLottery players may make withdrawals from their lottery accounts. Subsection (b) allows the Secretary to establish a minimum balance requirement that must exist before a withdrawal from a lottery account will be processed. Subsection (c) establishes that the withdrawal request may not occur immediately. Subsection (d) allows the Bureau to request information from a registered iLottery player to verify the registered iLottery player's withdrawal request. Subsection (e) prohibits a registered iLottery player from withdrawing bonus money. Subsection (f) provides for a registered iLottery player's withdrawal to be credited to whatever payment types are authorized by the Secretary and offered by the Bureau. Subsection (g) allows the Bureau to adjust a registered iLottery player's account if money or bonus money is mistakenly credited. Subsection (h) allows the Bureau to deduct the purchase price of a lottery product from the registered iLottery player's lottery account.

 Subsection 876.14a(c) of the proposed rulemaking is revised in this final-form rulemaking to remove the phrase ''these regulations'' and replace it with the phrase ''this chapter'' for clarity and consistency. Proposed subsection (c) is also revised to replace ''provided for'' with ''set forth'' and to add the language ''as provided for under § 876.9'' for clarity and consistency. Proposed subsection (e) is revised to remove the word ''their'' and replace it with the defined term ''registered iLottery player's'' for clarity and consistency. Proposed subsection (f) is revised to add the phrase ''and offered by the Bureau'' for clarity.

 Section 876.14a was not included in the temporary regulations.

 Section 876.15 (relating to termination of a game) authorizes the Secretary to terminate an iLottery game at any time and without notice. This section is unchanged from the temporary regulations.

 Section 876.16 sets forth the self-exclusion requirements for iLottery, in addition to providing for responsible gambling tools. Subsection (a) allows a registered iLottery player to request self-exclusion from iLottery. Subsection (b) establishes the way in which a registered iLottery player may request self-exclusion. Subsection (c) provides that the Bureau will offer a registered iLottery player, predetermined periods of self-exclusion from which to choose. Under subsection (d), a self-excluded, registered iLottery player is prohibited from making purchases through iLottery and from participating in iLottery promotions. Subsection (e) establishes that a self-excluded, registered iLottery player will not receive communications from the Bureau during the self-exclusion period. Subsection (f) allows the Bureau to request certain identifying information from a registered iLottery player upon a request for self-exclusion.

 Subsection 876.16(g) requires a registered iLottery player, who is requesting self-exclusion, to acknowledge and agree to certain statements related to self-exclusion before the self-exclusion request is processed. Subsection (h) prohibits a registered iLottery player from accessing the lottery account until the self-exclusion period expires. Subsection (i) allows a registered iLottery player to request the release of moneys from the lottery account through a process described in the iLottery terms and conditions. Subsection (j) provides for the immediate effectiveness of the self-exclusion request. Subsection (k) makes the self-exclusion request irrevocable. Subsection (l) requires a self-excluded, registered iLottery player to contact the Bureau after the self-exclusion period ends to request reinstatement and access to the lottery account.

 Subsection 876.16(m) provides for the availability of responsible gambling tools through a lottery account. Subsection (n) establishes that a self-excluded, registered iLottery player or a registered iLottery player who uses responsible gambling tools may be prohibited from participating in certain promotions, second chance drawings and marketing communications from the Bureau.

 The title of proposed § 876.16 was revised in this final-form rulemaking to add ''and responsible gambling tools'' so that the title of the section accurately reflects the provisions of the section. Proposed subsection (b) is revised to add the phrase ''and offered by the Bureau'' for clarity and consistency. Proposed subsection (c) is revised to replace the word ''offered'' with the word ''authorized'' and add the phrase ''and offered by the Bureau'' for clarity and consistency.

 Subsection 876.16(d) of the proposed rulemaking is revised to replace the word ''funds'' with the word ''moneys'' and to change ''account'' to ''lottery account'' for clarity and consistency. Proposed paragraph (f)(3) is revised to add the phrase ''the entire or last four digits of the individual's'' for clarity and consistency. Proposed paragraph (f)(7) is revised to replace ''determined'' with ''established.'' Proposed subsection (g)(2) is revised replace ''provided for'' with ''set forth'' and to add the clause ''as provided for under § 876.9.''

 Subsection 876.16(h) of the proposed rulemaking is revised to replace ''their'' with ''the registered iLottery player's.'' Proposed subsection (i) is revised to add replace ''provided for'' with ''set forth'' and to add the clause ''as provided for under § 876.9.'' Subsection (l) is revised to change the word ''account'' to the defined term ''lottery account'' for clarity and consistency. Proposed subsection (m) is revised to replace ''provided for'' with ''set forth'' and to add the clause ''as provided for under § 876.9'' for clarity and consistency.

 Subsections 876.16(a)—(e) were in the temporary regulations and were revised in part in the proposed rulemaking. Temporary subsection (a) is not changed. Temporary subsection (b) is revised to add the phrase ''or through other means authorized by the Secretary.'' Temporary subsection (c) is revised to remove the phrase ''through the lottery account'' and to add the phrase ''by the Secretary.'' Temporary subsection (d) is revised to replace ''plays'' with ''plays, shares or chances,'' to remove the phrase ''or withdraw funds from'' and to add the phrase ''funds into.'' Temporary subsection (e) is not changed.

 Section 876.17 (relating to iLottery promotional prizes) provides for the authority of the Secretary to conduct iLottery promotions and issue terms and conditions related to those iLottery promotions. The proposed rulemaking is revised in this final-form rulemaking to remove the word ''part'' and replace it with the word ''chapter'' for clarity and consistency. This section is unchanged from the temporary regulations.

 Section 876.18 (relating to agent promotion programs) provides for the authority of the Secretary to conduct lottery agent incentive and marketing promotion programs related to iLottery. This section was included in the temporary regulations and was revised in the proposed rulemaking to change the word ''retailer'' to ''agent'' in both the section heading and in the text of the section.

 Section 876.19 addresses the availability of subscription services. Subsection (a) allows the Bureau to offer subscription services authorized by the Secretary. Subsection (b) provides that the subscription services will be governed by the iLottery terms and conditions. Subsection (c) provides that information regarding a registered iLottery player's subscription service purchase will be delivered electronically.

 Subsection 876.19(a) of the proposed rulemaking is revised in this final-form rulemaking to replace ''determined'' with ''authorized'' to more accurately reflect the roles and responsibilities of the Secretary and for consistency. Proposed subsection (b) was revised to add ''as provided for under § 876.9 (relating to iLottery terms and conditions)'' for clarity and consistency.

 Section 876.19 was not included in the temporary regulations.

 Section 876.20 (relating to confidential information) specifies the information regarding iLottery and registered iLottery players that is confidential based on the authority conferred by 4 Pa.C.S. § 503(d)—(e). Information about a registered iLottery player that will be maintained as confidential includes: last name; address; telephone number; financial information; self-exclusion information; Social Security Number or comparable equivalent; use of responsible gambling tools; play history; and play tendencies. This section was not included in the temporary regulations.

Affected Parties

 Adults who choose to open a lottery account will be affected by the regulations. The impact on individuals will be determined by the amount of interaction each person has with the iLottery services. For example, an adult 18 years of age or older can attempt to establish a lottery account. Only those individuals who meet the requirements of the regulation will be able to establish a lottery account and access lottery account features, such as responsible gambling tools, account statements, iLottery games, subscription services and self-exclusion tools. Only adults who have successfully registered for a lottery account and who are located within the geographical boundaries of this Commonwealth are permitted to purchase plays, chances and shares and other lottery products through iLottery.

 Pennsylvanians 65 years of age or older and Pennsylvanians with disabilities may be affected by the regulations if they are eligible to receive benefits funded with the revenue generated through the implementation and operation of iLottery and deposited into the State Lottery Fund.

 Businesses, small businesses or organizations that contract with the Department to provide the iLottery system and services will be impacted as they will be required to ensure that the iLottery system and services provided conform to the requirements of the regulations.

Comment and Response Summary

 The proposed rulemaking was published at 49 Pa.B. 2242. No public hearings were held. The public comment period closed on June 3, 2019.

 The Department received comments from two commenters, Greenwood Gaming Entertainment, Inc. (GGE) and Penn National Gaming, Inc. (PNG). Both commenters are petitioners in litigation to challenge the Department's administration of iLottery and offered comments opposing the rulemaking. IRRC also submitted comments on July 2, 2019. Following is a summary of the comments received, and the Department's responses.

Litigation Challenging iLottery

 Both GGE and PNG noted that the iLottery program is the subject of a legal challenge, Greenwood Gaming and Entertainment, Inc. et al. v. Commonwealth of Pennsylvania Department of Revenue et al., No. 571 MD 2018 filed on September 6, 2018. In that litigation, seven casino operators in this Commonwealth filed suit seeking an injunction against the Department to prevent it from operating iLottery as it currently exists. Specifically, the petitioners allege that the Department is violating the act with the iLottery games currently offered through iLottery. GGE recommends tabling the regulations pending the outcome of the litigation, while PNG recommends that the Department withdraw the regulations pending resolution of the litigation.

Response

 The temporary regulations were promulgated under section 503(b)(1) of Act 42 (4 Pa.C.S. § 503(b)(1)), which provides the Department with temporary rulemaking authority to facilitate the ''prompt implementation of iLottery or new sales methods of traditional lottery products over the internet.'' The temporary regulations expire 2 years from the date of publication of the temporary regulations.

 The final-form regulations pertain to the iLottery program in its entirety, not just the games which are the subject of litigation. Further, the iLottery games challenged in Greenwood Gaming are Internet instant games, a subset of the iLottery games which may be offered through iLottery under the enabling legislation and the final-form regulations. Commonwealth Court issued a decision and order in the Greenwood Gaming litigation on July 12, 2019, denying petitioners' request for a preliminary injunction. The litigation remains pending and, given the current schedule, will likely not go to trial until after the temporary regulations expire on March 31, 2020.

 Prohibiting the Department from progressing through the rulemaking process could prevent the Bureau from operating iLottery in its entirety until resolution of the litigation, which could take years, in addition to the time required to promulgate new regulations once the litigation is resolved. Such a prohibition is contrary to the legislative mandate for the Bureau's prompt implementation of iLottery. That mandate is supported by the legislative grant of authority to the Department pursuant to 4 Pa.C.S. § 503(c) (relating to prompt implementation) to enter into contracts without going through the procurement process. While both iLottery and online games offered by the casinos were both authorized with the passage of Act 42, only iLottery received the legislative authority to forgo certain statutory requirements, processes and procedures to ensure prompt implementation.

 Tabling or withdrawing the regulation would thus be prejudicial to the iLottery program in its entirety and to the Department's position in the litigation that the Internet instant games offered by the Bureau do not simulate casino-style games. It would also result in lost revenues for senior citizens who benefit from a program that has been operating and generating revenue since May 2018.

Whether the Regulation Conforms to the Intention of the General Assembly

 Referring to one commenter's comments, IRRC requested an explanation as to how the Bureau will evaluate iLottery games to ensure that they meet the statutory definition of iLottery games to conform to the intention of the General Assembly that casino-style games be excluded from iLottery.

 Both other commenters suggested that the regulations fail to address how iLottery games are not casino-style games. Both offered a list of game features they believe are features of slot machines and proposed prohibiting the use of those features in the definition of ''iLottery game'' in the final-form regulation. Both commenters also recommended that language be added to the final-form regulation prohibiting the Bureau from offering iLottery games that have been certified for compliance with gaming standards in other jurisdictions, including international jurisdictions.

 One commenter raised concerns that the regulation does not include specific parameters for what features or game characteristics simulate a ''casino-style lottery game,'' and recommended the final-form regulation establish a mechanism to evaluate iLottery games to ensure that they meet the statutory definition of an iLottery game. The other commenter recommended that the final-form regulations include certain prohibitions for iLottery games regarding game name, game symbols, play mechanics, game certifications, payout percentages, symbol matrices, game bonuses, play denominations, use of a random number generator, and use of animated graphics and patron loyalty programs, among other things.

Response

 The act specifically defines ''iLottery game'' to include both Internet instant games and other lottery products offered through iLottery, as does the definition of ''iLottery game'' in this final-form regulation. The statutory definition of ''iLottery game'' explicitly excludes games that represent ''physical, Internet-based or monitor-based interactive lottery games which simulate casino-style lottery games, specifically including poker, roulette, slot machines or blackjack.'' 4 Pa.C.S. § 502 (relating to definitions). The definition of iLottery game in the final-form regulation is consistent with the definition which appears in the act and includes the same prohibitions against offering games which simulate casino-style lottery games as in the enabling statute.

 The final-form regulation sets forth various categories of iLottery games that the Bureau may offer at § 876.2c (relating to categories of iLottery games). This section sets forth characteristics of iLottery games that may be combined by the Bureau to create lottery games which may be offered through iLottery. These characteristics include types of iLottery games, when and how the outcome of iLottery games may be determined and the prize structures for iLottery games. These characteristics are features of lottery games generally, and the combination of these characteristics ensures that the iLottery games offered through iLottery are lottery games and do not violate the exclusions set forth in the definition of ''iLottery game.''

 The State Lottery Law confers broad authority on the Secretary to administer the lottery, which necessarily includes iLottery. Specifically, the Secretary has the power and duty to determine ''the type of lottery to be conducted.'' 72 P.S. § 3761-303(a)(1) (relating to powers and duties of secretary). The game types listed in subsection 876.2c(a) are generally well-known types of lottery games. The definitions of those types of games, as set forth in § 876.2 (relating to definitions) were developed using information from traditional lottery game rules published by the Bureau in the Pennsylvania Bulletin and using definitions from leading lottery trade organizations of which the Bureau is a member, such as the North American Association of State and Provincial Lotteries. The games as defined in this final-form rulemaking are generally accepted in the industry to be lottery games and do not simulate casino-style games.

 Additionally, and consistent with the broad authority to determine the type of lottery to be conducted, the Secretary has broad discretion as to how the various types of lottery games are offered. Specifically, the Bureau offers instant games using licensed properties, various game themes, color images, art work, bonuses, multipliers, varied play mechanics and styles and the like. The Bureau offers Fast Play games offered through a lottery terminal using licensed properties, various game themes, art work, bonuses, multipliers, varied play mechanics and styles and the like. The Bureau offers some draw games in which the winning numbers are drawn on live television. The Bureau offers some draw games, the outcomes of which are determined by a random number generator and the outcomes of which are represented by an animated sequence, such as monitor games like Derby Cash and Xpress Car Racing.

 The iLottery enabling legislation and the final-form regulations allow the Department to offer Internet instant games online. Internet instant games, as defined by the statute and the final-form regulations, require a reveal of numbers, letters or symbols. The enabling legislation does not dictate how that reveal is required to occur. Notably, the enabling legislation does not limit or prohibit the use of animation, sounds, bonuses, multipliers, color images, art work, game themes and varied play mechanics. The enabling statute does not require an Internet instant game to simulate any of the Bureau's traditional lottery games, such as an instant ticket. Rather, the enabling statute specifically provides the Secretary with the authority to offer new and additional lottery products through iLottery, including, but not limited to, Internet instant games. The Department disagrees that features such as animation, sounds, bonuses, multipliers and varied play mechanics are exclusive to slot machines; rather, as explained above, the aforementioned features are regularly used in lottery products.

 With respect to licensed properties and game art, the Bureau has historically utilized licensed properties, including, but not limited to, Wheel of Fortune® and Monopoly®. Generally speaking, licensed properties are used across various industries, including the gambling industry, because they are readily identifiable, trusted brands. Game names, symbols and artwork for licensed properties are dictated by the owner of the licensed property and are carefully controlled to ensure legal protections for the intellectual property. With respect to other game art, the same types of symbols and themes are used across all types of gambling, including lottery, because these themes and symbols are established through history and culture as representing luck, prosperity, wealth, fortune and the like. The Department disagrees that the use of licensed properties, specific symbols, game art or game names are exclusive to slot machines; rather, licensed properties and the like are regularly used in lottery products.

 As a result, no limitations or prohibitions were placed in the regulation related to the aforementioned features, licensed property or game art. The characteristics that are relevant to an iLottery game are set forth in § 876.2c of the final-form regulation. Internet instant games are a subset of iLottery games and are comprised of the characteristics established in § 876.2c. Internet instant games, and iLottery games more generally, are necessarily lottery games and not casino-style games.

 The Secretary also has the power and duty to determine ''the manner of selecting the winning tickets or shares.'' 72 P.S. § 3761-303(a)(4). Under subsection 876.2c(c) of the final-form regulation, the outcome of iLottery games may be determined by a randomizer, a random number generator or a drawing. Some of the Bureau's oldest and most popular lottery games are games in which the outcome is derived using a random number generator. Because the definition of ''iLottery game'' includes all lottery products, including traditional lottery products, prohibiting the use of a random number generator in iLottery games would prevent the Bureau from selling most lottery products through iLottery. Such a result is contrary to the legislative mandate of the enabling legislation which sought prompt implementation of ''new sales methods of traditional lottery products over the internet.'' See 4 Pa.C.S. § 503(b)(1). Furthermore, the use of random number generators in lottery games in this Commonwealth predates the legalization of slots gaming in this Commonwealth. The Department therefore disagrees that a random number generator is a hallmark of a casino-style game. No language was added to the final-form regulation to prohibit the use of a random number generator.

 The Secretary is granted the power and duty to determine ''the price, or prices, of tickets or shares in the lottery.'' 72 P.S. § 3761-303(a)(2). Simply put, the Secretary has the statutory authority to offer a single game at more than one price point. The Secretary has in fact authorized and the Bureau has offered lottery games with multiple price points, including Keno and certain draw games. The Department disagrees with the suggestion by the commenters that adjustable bets are exclusive to slot machines.

 With respect to game certifications, Act 42 does not require the certification of iLottery games to any standard. Neither the State Lottery Law nor the State Lottery regulations require certification of games or random number generators. Rather, the Bureau uses lottery best practices to ensure the randomness of the outcome of an individual game and that the prize structure for an individual game is accurate. The Bureau's only concern is that the jurisdictional standards against which the game is certified are reputable and accurate. As a result, no language was included in the regulation prohibiting the Bureau from offering iLottery games that have been certified for compliance with gaming standards in other jurisdictions or requiring that iLottery games be certified to a specific standard.

 The final-form regulations set forth the types of iLottery games that may be offered, the way in which the outcome is determined and the various prize structures that may be utilized, all of which are key characteristics of a lottery game and all of which are within the power and duty of the Secretary of Revenue to establish. The characteristics of iLottery games, as set forth in the final-form regulation, establish them as lottery games and not casino-style games. It should be noted that there is no requirement in Act 42 which restricts the Department to using characteristics of lottery games that the Department has historically offered.

 While both commenters identified many features that they believe are attributable to slot machines only, some of which are specifically addressed herein, neither commenter provided legal support for those assertions.

 The final-form regulation clearly establishes characteristics of lottery games that when combined necessarily ensure that iLottery games are not casino-style games. As a result, no changes were made to the final-form regulation based on GGE's or PNG's comments.

Determining Whether the Regulation is in the Public Interest

Comment

 IRRC noted that the explanation of the proposed regulation in the Preamble and the information in the RAF were insufficient to allow it to determine if the regulation is in the public interest, as the Preamble only described amendments to the temporary regulation and did not explain sections that were not revised from temporary to proposed.

Response

 The Department has included a discussion of each regulatory section, identifying the revisions made from the temporary regulations to the proposed rulemaking to the final-form rulemaking as well as those sections that were not revised from the temporary regulations, in the Preamble to the final-form regulation.

Comment

 IRRC requested that the Department provide additional information in the RAF to the final-form rulemaking related to who will benefit from the regulation. IRRC also requested that the Department address the discrepancies regarding the costs of the regulation to the Commonwealth in the RAF. Finally, IRRC asked that the Department include all applicable provisions of the act in the statutory authority statements in the Preamble and RAF to the final-form rulemaking, including a reference to section 503(i) of the act, which requires the Department to establish an iLottery self-exclusion program.

Response

 The RAF to the final-form rulemaking includes specific information relating to who will benefit from the regulation. The Department also provided costs of the regulation that pertain to state government. The Department specified all relevant statutory authority, including the provisions regarding the establishment of the iLottery self-exclusion program as set forth at 4 Pa.C.S. § 503(i), in the Preamble and RAF to the final-form rulemaking.

Compliance with the Provisions of the Commission's Regulations.

Comments

 IRRC noted that the Annex of the proposed regulation was not submitted in accordance with the Commission's regulation at 1 Pa. Code § 305.1a(b) (relating to formatting the text of a proposed regulation). IRRC further noted that an agency is required under 1 Pa. Code § 307.3a(a) (relating to formatting the text of a final regulation) to use the official text of a proposed rulemaking as published in the Pennsylvania Bulletin when preparing the final-form regulation. Accordingly, IRRC requested that the Department indicate revisions to the Annex of the final-form regulations as required under the regulation at 1 Pa. Code § 307.3a(b).

Response

 The Department used the official text of the proposed rulemaking as published in the Pennsylvania Bulletin to prepare the final-form rulemaking and revised the proposed rulemaking in the format prescribed in section 307.3a(b).

Cost Analysis

Comment

 One commenter suggested that the Department's cost analysis is incomplete because it included no analysis to determine the extent to which the Pennsylvania casino industry would be adversely impacted if iLottery games simulate casino-style games and the corresponding loss of revenue to the Commonwealth.

Response

 The Department did not conduct a cost analysis as suggested by the commenter as the cost analysis required by the rulemaking process requires the Department to identify the costs and financial and economic impact of the regulation. The final-form regulation establishes the requirements for iLottery games as authorized by the act. As a result, no analysis was conducted of the hypothetical situation posed by the commenter.

§ 876.2. Definition of ''drawing''

Comment

 IRRC stated that the definition of ''drawing'' contained substantive provisions regarding timing and methods to conduct a drawing. IRRC requested that the Department move substantive provisions to a section of the final-form regulation, establishing how drawings are conducted, since substantive provisions in a definition are not enforceable.

Response

 The Department removed the substantive provisions from the definition of ''drawing'' and incorporated those provisions into subsections 876.2c(f) and (g) (relating to categories of iLottery games) in the final-form regulation.

§ 876.2. Definition of ''lotto game''

Comment

 IRRC requested that the Department clarify the terminology used to describe a lotto game in the final-form regulation because it was unclear whether a player chooses only numbers or may choose numbers, letters or symbols.

Response

 The Department revised the definition of ''lotto game'' in the final-form rulemaking to clarify that a player may choose letters, numbers or symbols. Additionally, for clarification, the Department updated the examples included in the definition.

§ 876.2. Definition of ''play''

Comment

 IRRC noted that throughout the proposed regulation, the terms ''chance'' and ''share'' are only used in conjunction with the word ''play'' and are not used independently. IRRC requested that the Department explain the need for the inclusion of the terms ''chance'' and ''share'' or, in the alternative, to delete those two terms in the final-form regulation.

Response

 The definition of ''play'' includes the terms ''chance'' and ''share'' because these terms are used throughout the Bureau's regulations, as they relate to various traditional lottery products offered by the Bureau. Since these terms are codified in the State Lottery Regulations or are used and defined in individual game rules published in the Pennsylvania Bulletin, the Department determined it should not attempt to define those terms individually in this final-form regulation. Instead, where appropriate, the term ''play'' was replaced with the phrase ''play, chance or share'' in the final-form rulemaking to demonstrate that the terms are interchangeable.

§ 876.9(b)(1). iLottery terms and conditions

Comment

 IRRC noted that in subparagraph (vii)(B) of subsection 876.9(b)(1), the Department cited specific provisions of Title 18 of the Pennsylvania Consolidated Statutes which could result in the suspension or closure of a lottery account, whereas the Department only generically referred to offenses in Title 4 of the Pennsylvania Consolidated Statutes. IRRC requested an explanation as to why specific citations under Title 4 were not included or, in the alternative, to provide specific citations.

Response

 The Department revised subparagraph (vii)(B) in the final-form regulation to remove the generic reference to Title 4 and replace it with the specific sections in Title 4 which establishes criminal conduct.

Comment

 IRRC identified a typographical error in subparagraph (xi) of subsection 876.9(b)(1) in the cross-reference to Section 876.2(c) and requested that the Department correct the error in the final-form regulation.

Response

 The Department corrected the typographical error to cite to section 876.2c in the final-form regulation.

Comment

 IRRC pointed out that subparagraph (xvii) of subsection 876.9(b)(1) referred to ''funds'' instead of ''moneys'' and requested that the correct terminology be used in the final-form regulation.

Response

 The Department agreed that the term ''funds'' should be replaced with the term ''moneys.'' The change was made in the final-form regulation.

§§ 876.10a(4) and 876.12(e) Registered iLottery player lottery account requirements; Prizes

Comment

 IRRC noted the use of the term ''Department'' in subsections 876.10a(4) and 876.12(e) instead of the term ''Bureau.'' IRRC requested that the correct terminology be used in the final-form regulation.

Response

 The Department determined that the term ''Department'' should remain and that the term ''Bureau'' should be added in the aforementioned sections for purposes of consistency and clarity. Both ''Department'' and ''Bureau'' should be included as a registered iLottery player is likely to have interactions with both the Department and the Bureau in matters related to lottery account requirements and tax withholding.

§ 876.12(f) Prizes

Comment

 IRRC noted the use of the clause ''[p]rize winning plays will be determined'' in subsection 876.12(f) and asked whether the Department intended to address both prizes and winning plays.

Response

 The Department only intended to address winning plays in this section. As such, the phrase ''prize winning plays'' was replaced with the defined term ''winning plays.''

Fiscal Impact

 The Department determined that the amendments in this final-form rulemaking will generate revenue for the Commonwealth and will have no adverse fiscal impact on the Commonwealth. The iLottery features established by the regulations, such as lottery accounts and iLottery games, will increase revenue for the State Lottery Fund by creating more ways for the Bureau to interact with and engage lottery players, by providing registered iLottery players with an easy way in which to reinvest their lottery winnings and by providing registered iLottery players with new products and services. The increase in revenue will be used to provide benefits to Pennsylvanians 65 years of age and older.

 The Department estimates that the cost to State government to implement the regulations will be approximately $19.5 million in fiscal year 2019-2020 and approximately $20.7 million each fiscal year thereafter. That estimate includes the following costs related to the operation and administration of iLottery: vendor costs, including software and services needed to comply with the statutory and regulatory requirements; costs associated with lottery personnel; operating costs (such as leased building costs, electricity, heat and other utilities) and advertising costs. The Department estimates that profits from iLottery will be between $40 million and $50 million each fiscal year.

Paperwork

 This final-form rulemaking will require minimal paperwork for the public or the Commonwealth. Registration for and participation in iLottery and the iLottery self-exclusion process for registered iLottery players, including the required forms, are completed online.

Effective Date

 This final-form rulemaking becomes effective upon publication in the Pennsylvania Bulletin.

Sunset Date

 The regulations are scheduled for review within 5 years of publication. No sunset date has been assigned.

Contact Person

 The contact person for this final-form rulemaking is Maria L. Miller, Office of Chief Counsel, Department of Revenue, P.O. Box 281061, Harrisburg, PA 17128-1061.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on April 23, 2019, the Department submitted a copy of the notice of proposed rulemaking, published at 49 Pa.B. 2242, to IRRC and the Chairpersons of the House and Senate Committees on Finance for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documentation. In preparing the final-form rulemaking, the Department considered all comments from IRRC, the Committees and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on January 30, 2020 the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 31, 2020 and approved the final-form rulemaking.

Findings

 The Department finds that:

 (1) Public notice of intention to amend the regulations has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), known as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) The amendments are necessary and appropriate for the administration and enforcement of the act.

Order

 The Department, acting under the authorizing statute, orders that:

 (a) The regulations of the Department in 61 Pa. Code Chapter 876 are amended by adding §§ 876.1, 876.2, 876.2a, 876.2b, 876.2c, 876.2d, 876.4, 876.5, 876.6, 876.7, 876.8, 876.9, 876.10, 876.10a, 876.11, 876.11a, 876.11b, 876.12, 876.12a, 876.13, 876.14, 876.14a, 876.15, 876.16, 876.17, 876.18, 876.19 and 876.20 to read as set forth in Annex A.

 (Editor's Note: Section 876.3 is reserved in this final-form rulemaking.)

 (b) The Secretary of the Department 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 of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (d) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.

C. DANIEL HASSELL, 
Secretary

 (Editor's Note: See 50 Pa.B. 1001 (February 15, 2020) for IRRC's approval order.)

 Fiscal Note: Fiscal Note 15-460 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 61. REVENUE

PART V. STATE LOTTERIES

CHAPTER 876. iLOTTERY

§ 876.1. Scope.

 This chapter establishes procedures for the notification of iLottery game rules, iLottery registration and participation requirements, lottery account requirements and iLottery self-exclusion requirements.

§ 876.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

 Bonus money—Credit issued to a registered iLottery player that does not have a cash value, but which can be converted to a predetermined cash value as further detailed in § 876.14a (relating to withdrawals from a lottery account).

 Bureau—The Pennsylvania State Lottery created to administer and operate the lottery by order of the Executive Board.

 Cash-out games—A type of iLottery game in which the registered iLottery player is given the option to end the game early for a predetermined amount of money.

 Drawing—The process of selecting the numbers, letters or symbols that determine the winning numbers, letters or symbols or the outcome of an iLottery game or an individual play, chance or share.

 Fixed payouts—The numbers and amounts of prizes established for an iLottery game, regardless of how many plays, chances or shares are sold.

 iLottery—A system that provides for the distribution of lottery products through numerous channels that include, but are not limited to, web applications, mobile applications, mobile web, tablets and social media platforms that allow a registered iLottery player to interface through a portal for the purpose of obtaining lottery products and ancillary services, such as account management, game purchase, game play and prize redemption.

 iLottery game—

 (i) Internet instant games and other lottery products offered through iLottery.

 (ii) The term does not include games that represent physical, Internet-based or monitor-based interactive lottery games which simulate casino-style lottery games, specifically including poker, roulette, slot machines and blackjack.

 Instant win game—A type of iLottery game in which the result of a play, chance or share is the display of numbers, letters or symbols indicating whether a prize has been won. Unlike Internet instant games, no reveal is required to determine whether a prize has been won.

 Internet instant game—A lottery game of chance in which, by the use of a computer, tablet computer or other mobile device, a registered iLottery player purchases a play, chance or share with the result of a play, chance or share being a reveal on the device of numbers, letters or symbols indicating whether a lottery prize has been won according to an established methodology as provided by the Bureau.

 Lottery account—An account established by an individual with the Bureau that shall be used to register for iLottery and to participate in iLottery. A lottery account may be used to purchase or use lottery products, to participate in lottery promotions and second chance drawings and for lottery communications.

 Lottery products—Plays, shares or chances offered by the Bureau as well as lottery property that may be exchanged for plays, shares or chances. The term includes any lottery game or lottery product authorized by the Secretary and offered by the Bureau under the act of August 26, 1971 (P.L. 351, No. 91) (72 P.S. §§ 3761-301—3761-315), known as the State Lottery Law, or act 42 of 2017 (P.L. 419, No. 42) (4 Pa.C.S. §§ 501—505 (relating to lottery)) such as instant tickets, terminal-based tickets, raffle games, play-for-fun games, lottery vouchers, subscription services and gift cards.

 Lotto game—A type of iLottery game in which a registered iLottery player chooses ''X'' numbers, letters or symbols from a field of ''Y'' numbers, letters or symbols. The field of ''Y'' numbers, letters or symbols is established by the Bureau. To win, a registered iLottery player matches a designated combination of numbers, letters, symbols, or a specified combination thereof, with the winning numbers, letters or symbols randomly drawn by the Bureau. Examples of lotto games include Powerball and MegaMillions® and similar games in which multiple ''Y'' numbers, letters or symbols are chosen from a single set of numbers, letters or symbols.

 Numbers game—A type of iLottery game in which a registered iLottery player chooses ''X'' numbers, letters or symbols from multiple fields of ''Y'' numbers, letters or symbols. The player must choose whether to purchase a straight play or a box play. In straight play, the numbers, letters or symbols are matched in the same order as the winning numbers are drawn by the Bureau. In box play, the numbers, letters or symbols match all of the winning numbers drawn by the Bureau, but in any order. Examples of numbers games include Pick 4 and Pick 5 and similar games in which ''Y'' numbers, letters or symbols are chosen from multiple sets of numbers, letters or symbols.

 Pari-mutuel—A prize structure in which the total available prize pool or pool is split between all winners at a particular prize level or levels.

 Play—An opportunity, for a predetermined price, to participate in an iLottery game. May also be referred to as a chance or a share.

 Prize or lottery prize—The item or money that can be won in each iLottery game as determined by the prize structure for that iLottery game. A prize or lottery prize may also be referred to as lottery winnings in this chapter.

 Prize pool or pool—Amount of money designated for payments of prizes for an iLottery game. The term can also mean a preset number of plays, chances or shares containing a predetermined number of winners.

 Prize tiers—One or more different levels, amounts or types of prizes for an iLottery game.

 Progressive—An iLottery game prize structure in which the top prize available begins with a minimum prize amount, as determined by the Bureau, which grows at a predetermined rate every time a play is purchased and then resets to the minimum prize amount whenever a top prize winning play is purchased.

 Purchase price—The cost of a play, chance or share for an iLottery game.

 Randomizer—A device or program that generates a random set of numbers.

 Random number generator—A secured computerized system, which draws random numbers to determine the outcome of an individual play, chance or share or an iLottery game.

 Registered iLottery player—An individual who creates a lottery account with the Bureau, registers for iLottery and is approved for participation in iLottery.

 Responsible gambling tools—Settings available to a registered iLottery player through iLottery that promote responsible gambling.

 Secretary—The Secretary of Revenue of the Commonwealth.

 Subscription services—A payment, advance payment or promise of payment for multiple lottery products over a specified period of time, including payment through iLottery.

 Top prize—The highest prize available to be won in an iLottery game.

 Traditional lottery products—Lottery products offered by the Bureau under 61 Pa. Code Chapters 801—875 (relating to State Lotteries).

 Winning play—A play, chance or share that has been validated by the Bureau and qualifies for a prize.

 Winning numbers—The numbers, letters or symbols selected in a particular iLottery game that have been validated by the Bureau and are used to determine the winning plays for that particular iLottery game.

§ 876.2a. Lottery products available through iLottery.

 The Secretary shall authorize and determine the availability of lottery products through iLottery and for purchase using a lottery account.

§ 876.2b. Traditional lottery products.

 (a) The Secretary may authorize the sale of traditional lottery products through iLottery and for purchase using a lottery account.

 (b) Traditional lottery products delivered through a lottery account may be delivered to a registered iLottery player electronically or in a form and manner determined by the Bureau.

 (c) Traditional lottery products offered through iLottery are governed by applicable regulations and corresponding notices published in the Pennsylvania Bulletin, unless otherwise noted by the Bureau in the notice for the applicable traditional lottery product.

§ 876.2c. Categories of iLottery games.

 (a) In addition to traditional lottery products, the Secretary may authorize and the Bureau may offer categories of iLottery games which include the following types of iLottery games:

 (1) Numbers games.

 (2) Instant win games.

 (3) Lotto games.

 (4) Internet instant games.

 (5) Cash-out games.

 (b) The outcomes of iLottery games or plays, chances or shares of iLottery games may be determined on demand or at a predetermined date and time established by the Secretary.

 (c) The outcomes of iLottery games or plays, chances or shares of iLottery games may be determined by one or more of the following methods:

 (1) Randomizer.

 (2) Random number generator.

 (3) Drawing.

 (d) Prize structures for iLottery games may include one or more of the following:

 (1) Pari-mutuel.

 (2) Prize tiers.

 (3) Progressive.

 (4) Fixed-payout.

 (5) Prize pool or pools.

 (e) Categories of iLottery games may contain any combination of the characteristics described in subsections (a)—(d) and (g).

 (f) A drawing may be conducted by a mechanical device using balls, a random number generator, a randomizer or by using any other method authorized by the Secretary.

 (g)  The outcome of an iLottery game may be determined on demand or at a predetermined date and time as established by the Secretary.

§ 876.2d. iLottery game rules by category of game offered.

 For each category of iLottery game authorized under §§ 876.2a, 876.2b and 876.2c (relating to lottery products available through iLottery; traditional lottery products; and categories of iLottery games), the Secretary will publish a notice in the Pennsylvania Bulletin with the following minimum information, as applicable:

 (1) iLottery game type or types under §§ 876.2b(c) and 876.2c(a).

 (2) Definitions.

 (3) Whether the outcome of the iLottery game or plays, chances or shares of the iLottery game is determined on demand or at a predetermined date and time established by the Secretary under §§ 876.2b(c) and 876.2c(b).

 (4) How the outcome or winning numbers of the iLottery game or play, chance or share are determined under § 876.2c(c).

 (5) Prize structure of the iLottery game under § 876.2c(d).

 (6) Purchase price or range of purchase prices for a play, chance or share of the iLottery game.

 (7) Availability.

 (8) Other relevant information as established by the Secretary.

§ 876.3. (Reserved).

§ 876.4. iLottery game description.

 The Secretary will post an iLottery game description on the Bureau's iLottery web site and the Bureau's mobile application for each iLottery game, with the following minimum information:

 (1) The name of the iLottery game.

 (2) The purchase price or range of purchase prices of a play, chance or share for the iLottery game.

 (3) The chances of winning the iLottery game and the prizes which can be won.

 (4) iLottery game instructions.

 (5) The existence of a finalist, grand prize, second chance or other offering, if applicable, and the procedure for the conduct of the same, if applicable.

 (6) If applicable, the existence of a bonus game, a mini-game or a game within a game, the instructions for conduct of the same and the chances of winning the bonus game, mini-game or game within a game and the prizes which can be won.

 (7) Other information necessary for the conduct of the iLottery game.

§ 876.5. Price.

 The purchase price of a play, chance or share for each iLottery game will be included in the iLottery game description for each game, as provided for under § 876.4 (relating to iLottery game description).

§ 876.6. Governing law.

 (a) By registering to participate in iLottery, the registered iLottery player agrees to comply with and abide by Federal and State law, this chapter, the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions) and final decisions of the Secretary.

 (b) Revenues generated by iLottery games will be apportioned as provided by 4 Pa.C.S. § 503(f) (relating to iLottery authorization) and section 3761-311 of the State Lottery Law (72 P.S. § 3761-311) regarding disposition of funds.

§ 876.7. General provisions.

 (a) An individual shall establish a lottery account and register for iLottery as provided for under § 876.10 (relating to iLottery registration and participation) to purchase a play, chance or share or to purchase lottery products using a lottery account.

 (b) An individual shall accept, consent, acknowledge and agree to be legally bound by the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions) to register for iLottery, to purchase a play, chance or share through iLottery and to purchase lottery products using a lottery account.

 (c) An individual shall be located in this Commonwealth to purchase a play, chance or share.

 (d) An individual shall be 18 years of age or older to register for iLottery, to purchase a play, chance or share or to purchase lottery products using a lottery account.

§ 876.8. Applicability.

 This chapter applies to iLottery and the sale of plays, chances or shares through iLottery and the purchase of lottery products using a lottery account, as offered and administered by the Department and the Bureau.

§ 876.9. iLottery terms and conditions.

 (a) The terms and conditions for the establishment of a lottery account and for the registration and participation in iLottery will be published in the Pennsylvania Bulletin and will be known as the iLottery terms and conditions.

 (1) Amendments to the iLottery terms and conditions will be published in the Pennsylvania Bulletin.

 (2) The iLottery terms and conditions will be available on the Bureau's iLottery web site and other locations as established by the Secretary.

 (b) The iLottery terms and conditions for the establishment of a lottery account and for registration and participation in iLottery will include all of the following:

 (1) Acknowledgment, consent, agreement and acceptance by the individual to all of the following:

 (i) Confirmation by the Bureau of the applicant's age and identity.

 (ii) The use of a mechanism by the Bureau to detect the physical location of a registered iLottery player in compliance with 4 Pa.C.S. § 503(h)(1) (relating to iLottery authorization).

 (iii) The terms of the end user license agreement for the software and terms and conditions of any third-party services used for the implementation and operation of iLottery and the provision of iLottery games.

 (iv) The monitoring and recording by the Department or the Bureau of any iLottery communications and geographic location information.

 (v) The jurisdiction of the Commonwealth to resolve disputes arising out of the conduct of iLottery.

 (vi) Any moneys remaining on deposit in the registered iLottery player's lottery account as abandoned and unclaimed property if the registered iLottery player has not logged into the lottery account using their username and password in more than 3 years.

 (vii) The registered iLottery player's lottery account may be suspended or closed for reasons established by the Secretary, including any of the following:

 (A) Violations of the iLottery terms and conditions as provided for under this chapter.

 (B) The registered iLottery player has been charged with or convicted of an offense under 18 Pa.C.S. §§ 4106, 5111, 5512—5514, 4 Pa.C.S. § 1518 or § 3905 or conspiracy to commit offenses under 18 Pa.C.S. § 903, or equivalent crimes under Federal law or the law of another state.

 (C) A self-exclusion request under § 876.16 (relating to self-exclusion from iLottery).

 (D) The application of a responsible gambling tool by a registered iLottery player, as described in the iLottery terms and conditions, which limits the ability of the registered iLottery player to log into the lottery account.

 (E) Other reasons as established by the Secretary.

 (viii) Other terms and conditions that may apply related to registration and participation in iLottery.

 (ix) Lottery winnings are subject to Federal and State withholding taxes and prizes awarded to the registered iLottery player will be reduced by the amount of withholding required under applicable law.

 (x) Lottery winnings are subject to certain deductions as required by law and prizes awarded to the registered iLottery player will be reduced by any amount required to be deducted under applicable law.

 (xi) To receive certain prizes, as identified and described in the iLottery game rules provided for under § 876.2c (relating to categories of iLottery games) or iLottery game descriptions as provided for under § 876.4 (relating to iLottery game description) or promotional prize notices provided for under § 811.41 (relating to promotional prizes), the registered iLottery player may be required to take additional measures to claim a prize, including to appear in person at a specified Bureau claim center.

 (xii) Use of electronic communications to establish a lottery account, for iLottery registration, communications regarding the lottery account and other communications related to iLottery as determined by the Bureau.

 (xiii) Ability of the registered iLottery player to use the responsible gambling tools available through iLottery.

 (xiv) Ability of the registered iLottery player to self-exclude from iLottery and the extent to which the self-exclusion applies to use of the registered iLottery player's lottery account.

 (xv) Methods by which moneys or credits may be deposited and under what circumstances moneys or credits may be deposited into the registered iLottery player's lottery account.

 (xvi) Moneys or credits deposited and held in the registered iLottery player's lottery account do not earn interest.

 (xvii) Methods by which moneys or credits may be withdrawn and under what circumstances moneys or credits may be withdrawn from the registered iLottery player's lottery account.

 (xviii) Reporting of suspected fraudulent or unlawful activity related to the operation of iLottery.

 (xix) Dispute resolution procedures related to iLottery.

 (xx) Information provided to the Department or Bureau during the establishment, use, access or closure of the registered iLottery player's lottery account is true and correct.

 (xxi) Methods by which a registered iLottery player may purchase lottery products as a gift or for the benefit of another person.

 (xxii) iLottery game rules as described in § 876.2d (relating to iLottery game rules by category of game offered) and iLottery game descriptions in § 876.4.

 (xxiii) Terms and conditions for iLottery promotions as provided for under § 876.17 (relating to iLottery promotional prizes).

 (xxiv) Information related to subscription services as provided for under § 876.19 (relating to subscription services).

 (2) Rules and obligations applicable to the registered iLottery player, other than rules of individual games, including all of the following:

 (i) Prohibition against allowing another individual to access or use the registered iLottery player's lottery account.

 (ii) Prohibition against purchasing a play, chance or share unless the registered iLottery player is physically located in this Commonwealth.

 (iii) Prohibition against using automated computerized software or other equivalent mechanisms to engage in iLottery. Nothing in this section shall prohibit the use of adaptive technologies by registered iLottery players with a disability as defined in the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12213).

 (iv) Prohibition against participation in iLottery by an individual under 18 years of age.

 (v) Prohibition of an individual who self-excluded from iLottery from participating in iLottery.

 (vi) Prohibition against purchasing a play, chance or share or receiving a prize if the registered iLottery player is:

 (A) An officer or employee of the Bureau.

 (B) A spouse, child, brother, sister or parent residing as a member of the same household as an officer or employee of the Bureau.

 (C) An officer or employee of a contractor or subcontractor who is directly involved in the operation of iLottery or the provision of iLottery related services.

 (D) A spouse, child, brother, sister or parent residing as a member of the same household as an officer or employee of a contractor or subcontractor who is directly involved in the operation of iLottery or the provision of iLottery related services.

 (3) Any other terms and conditions the Secretary deems necessary and relevant for the conduct of iLottery.

§ 876.10. iLottery registration and participation.

 (a) An individual may not participate in iLottery without first creating a lottery account and registering to participate in iLottery through the Bureau as described in this chapter.

 (b) A registered iLottery player agrees to be bound by the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (c) To establish a lottery account and register for iLottery, an individual shall provide the following information:

 (1) The individual's name as it appears on a valid government-issued identification or tax documents.

 (2) The individual's date of birth.

 (3) The entire or last four digits of the individual's Social Security Number, or comparable equivalent.

 (4) The individual's address.

 (5) The individual's telephone number.

 (6) The individual's e-mail address.

 (7) Any other information as established by the Secretary to be necessary to verify the age and identity of the individual.

 (d) An individual may be required to provide additional information or documentation, as set forth in the iLottery terms and conditions as provided for under § 876.9, to establish a lottery account or register for iLottery. The information may be used for iLottery registration or to confirm information provided by that individual during the registration process.

 (e) The lottery account will require a username and password.

 (f) Access to the lottery account and participation in iLottery is limited to the registered iLottery player.

 (g) An individual will be prohibited from establishing a lottery account and from registering for iLottery if one or more of the following occurs:

 (1) The Department is unable to verify the age of the individual.

 (2) The Department is unable to verify the identity of the individual.

 (3) The individual fails to agree to the iLottery terms and conditions as provided for under § 876.9.

 (4) The information provided to the Bureau is false or misleading.

 (5) Other reasons set forth in the iLottery terms and conditions as provided for under § 876.9.

 (h) A registered iLottery player may not purchase a play, chance or share or purchase lottery products using a lottery account if the Bureau is unable to verify that the registered iLottery player is physically located within the geographical borders of this Commonwealth.

 (i) An individual may not open, access, maintain or otherwise use more than one lottery account for participation in iLottery. This does not prohibit a registered iLottery player who closes a lottery account from reopening the lottery account or creating a new account, as applicable, at a later date.

 (j) An individual may not register or attempt to register for iLottery using more than one lottery account.

 (k) By establishing a lottery account and registering for iLottery, a registered iLottery player agrees that all communications related to the establishment and use of the lottery account may be through electronic communications. All electronic communications from the Bureau may be directed to a registered iLottery player based on the lottery account information provided by the registered iLottery player and verified by the Bureau.

 (l) An individual must create a lottery account and register for iLottery through the Bureau's iLottery web site or the Bureau's mobile application.

 (m) A lottery account may be closed by the registered iLottery player at any time.

 (n) A registered iLottery player's lottery account information may be retained by the Bureau to prevent another individual from using the same lottery account information to open a different lottery account.

 (o) To close the registered iLottery player's lottery account, the registered iLottery player is required to contact the Bureau. The Bureau may require the registered iLottery player to confirm lottery account information prior to closing the lottery account.

§ 876.10a. Registered iLottery player lottery account requirements.

 A registered iLottery player is subject to all of the following:

 (1) The end user license agreement or agreements for software used in the provision of iLottery.

 (2) The terms and conditions of any third-party service providers used in the provision of iLottery, including electronic payment processors, electronic payment transmitters and financial institutions.

 (3) The confirmation of the individual's age and identity.

 (4) To at all times provide true and correct information to the Department and the Bureau during the establishment, access, use or closure of the registered iLottery player's lottery account.

 (5) The continuous monitoring and recording of information communicated and transactions conducted through iLottery, including electronic communications.

 (6) The use of a mechanism by the Bureau to detect the physical location of the registered iLottery player in compliance with 4 Pa.C.S. § 503(h)(1) (relating to iLottery authorization).

 (7) The registered iLottery player's lottery account may be suspended or closed for any of the following reasons:

 (i) Violations of the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (ii) A self-exclusion request under § 876.16 (relating to self-exclusion from iLottery and responsible gambling tools).

 (iii) The application of a responsible gambling tool which limits access to the registered iLottery player's lottery account as set forth in the iLottery terms and conditions as provided for under § 876.9.

 (iv) The determination that the registered iLottery player has been charged with or convicted of an offense under 18 Pa.C.S. §§ 4106, 5111 and 5512—5514, 4 Pa.C.S. § 1518 or § 3905 or conspiracy to commit offenses under 18 Pa.C.S. § 903, or equivalent crimes under Federal law or the law of another state.

 (v) Other reasons as established by the Secretary.

 (8) The registered iLottery player's use of iLottery and software or third-party services used by the Bureau in the provision of iLottery shall comply at all times with all applicable statutes, regulations and the iLottery terms and conditions as provided for under § 876.9.

 (9) The iLottery privacy policy, available on the Bureau's iLottery web site and on the Bureau's mobile application.

§ 876.11. Purchase and prize restrictions.

 (a) Individuals must be at least 18 years of age or older to register for iLottery or to purchase a play, chance or share.

 (b) A registered iLottery player shall be located within the geographical boundaries of this Commonwealth to purchase a play, chance or share.

 (c) A play, chance or share may not be purchased by and a prize may not be awarded to the following:

 (1) An officer or employee of the Bureau.

 (2) A spouse, child, brother, sister or parent residing as a member of the same household as an officer or employee of the Bureau.

 (3) An officer or employee of a contractor or subcontractor who is directly involved in the operation of iLottery or the provision of iLottery related services.

 (4) A spouse, child, brother, sister or parent residing as a member of the same household as an officer or employee of a contractor who is directly involved in the operation of iLottery or the provision of iLottery related services.

 (d) A registered iLottery player is prohibited from cancelling the purchase of a play, chance, share or lottery product.

§ 876.11a. Methods to fund a lottery account.

 (a) A registered iLottery player shall deposit moneys or credits in the lottery account prior to purchasing a play, chance or share or purchasing other lottery products using a lottery account.

 (b) The Secretary will determine the methods by which a registered iLottery player may fund a lottery account and purchase lottery products. The Bureau will describe those methods in the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (c) Methods for funding a lottery account may include the following:

 (1) A registered iLottery player's credit card or debit card, including prepaid cards.

 (2) Gift cards, as authorized by the Secretary and issued by the Bureau.

 (3) Player cards, as authorized by the Secretary and issued by the Bureau.

 (4) Automated clearing house transfers.

 (5) Bonus money, credits or promotional prizes issued by the Bureau.

 (6) Prizes received from a winning play.

 (7) Payment processors or payment transmitters.

 (8) Any other method authorized by the Secretary.

 (d) The Secretary may establish conditions of purchase applicable to credit card and debit card transactions, such as daily deposit limits.

 (e) The Secretary may establish a minimum deposit amount.

§ 876.11b. Lottery account moneys and credits.

 (a) Moneys or credits deposited into a registered iLottery player's lottery account may be used to purchase plays, chances or shares and lottery products, as authorized by the Secretary and offered by the Bureau.

 (b) Moneys or credits deposited and held in a registered iLottery player's lottery account will not earn interest.

 (c) Moneys or credits remaining on deposit in a registered iLottery player's lottery account will be considered abandoned and unclaimed property if the registered iLottery player has not logged into the lottery account using their username and password for more than 3 years.

§ 876.12. Prizes.

 (a) Prizes may be awarded by check, draft or electronically through the registered iLottery player's lottery account or other means as authorized by the Secretary and offered by the Bureau.

 (b) The Bureau will report taxable prizes and events to relevant taxing authorities based on established statutory thresholds.

 (c) The Commonwealth and its agents, officers and employees shall be discharged of liability upon award of a prize.

 (d) Prizes will be reduced by required tax withholding and any deductions for outstanding liabilities as required by law, including those set forth in § 876.14 (relating to deductions required by law).

 (e) A registered iLottery player may be prohibited from accessing a prize until the Department or the Bureau determines whether there are outstanding liabilities that must be deducted from the prize, including those set forth in § 876.14.

 (f) Winning plays will be determined based on the iLottery game rules as established in § 876.2d (relating to iLottery game rules by category of game offered) and by the data recorded by the Bureau on its system or systems of record.

§ 876.12a. Prize claims.

 (a) The Bureau will generate applicable tax forms for reportable gambling and lottery winnings as required by State and Federal laws and regulations.

 (b) The Bureau may use lottery account information provided by a registered iLottery player and verified by the Bureau to generate applicable tax forms for reportable gambling and lottery winnings.

 (c) The Bureau may require a registered iLottery player to complete a claim form and to submit it in person at a claim center designated by the Bureau.

 (d) A prize requiring the completion of a claim form will not be credited to the registered iLottery player's lottery account until a properly completed claim form is submitted to and accepted by the Bureau.

 (e) If a registered iLottery player fails to complete a claim form as required by this section, the prize money will be retained for payment to the registered iLottery player for 1 year after the prize is won. If a claim form is not completed within that period, the ability to claim the prize will expire and the prize money will be used consistent with the State Lottery Law (72 P.S. §§ 3761-301—3761-315).

§ 876.13. Withholding.

 Federal and State withholding taxes will be withheld by the Bureau from prize payments as required by law.

§ 876.14. Deductions required by law.

 In addition to any withholding required by Federal and State law, the Department will deduct amounts from prizes as required by law, including those amounts required under:

 (1) 23 Pa.C.S. § 4308 (relating to lottery winnings intercept).

 (2) 72 P.S. § 215 regarding lottery winnings intercept.

§ 876.14a. Withdrawals from a lottery account.

 (a) A registered iLottery player may withdraw moneys from the registered iLottery player's lottery account.

 (b) The Secretary may require a minimum balance in the registered iLottery player's lottery account prior to authorizing a withdrawal.

 (c) The Bureau shall not be required to grant a withdrawal request immediately. A withdrawal request from a registered iLottery player's lottery account may be delayed for reasons consistent with this chapter and as set forth in the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (d) A registered iLottery player may be required to provide the Bureau with information to verify the details of a withdrawal request before the withdrawal request from the registered iLottery player's lottery account is processed.

 (e) A registered iLottery player shall be prohibited from withdrawing bonus money from the registered iLottery player's lottery account where the registered iLottery player fails to convert bonus money into cash in conformance with the promotional terms and conditions issued under §§ 811.41 and 876.17 (relating to promotional prizes; and iLottery promotional prizes).

 (f) A registered iLottery player may request that a withdrawal from the registered iLottery player's lottery account be credited to any payment type authorized by the Secretary and offered by the Bureau.

 (g) The Bureau may make adjustments to a registered iLottery player's lottery account if the Bureau determines that moneys or bonus moneys are mistakenly credited to a registered iLottery player's lottery account.

 (h) The Bureau will deduct the purchase price of a lottery product from a registered iLottery player's lottery account following the purchase of a lottery product.

§ 876.15. Termination of a game.

 The Secretary may terminate an iLottery game at any time and without notice.

§ 876.16. Self-exclusion from iLottery and responsible gambling tools.

 (a) A registered iLottery player may request self-exclusion from iLottery under this section.

 (b) A registered iLottery player may request self-exclusion through the registered iLottery player's lottery account or through other means authorized by the Secretary and offered by the Bureau.

 (c) A registered iLottery player may select from the predetermined periods of self-exclusion authorized by the Secretary and offered by the Bureau.

 (d) During a period of self-exclusion, a self-excluded, registered iLottery player may not purchase plays, shares or chances, deposit moneys into the registered iLottery player's lottery account, or otherwise participate in iLottery and iLottery promotions prior to the conclusion of the self-exclusion period.

 (e) During a period of self-exclusion, a registered iLottery player elects not to receive e-mails or other communications about iLottery.

 (f) The Bureau may require a registered iLottery player to verify any of the following lottery account information to request self-exclusion:

 (1) The individual's name as it appears on a valid government-issued identification or tax documents.

 (2) The individual's date of birth.

 (3) The entire or last four digits of the individual's Social Security Number or comparable equivalent.

 (4) The individual's address.

 (5) The individual's telephone number.

 (6) The individual's e-mail address.

 (7) Any other information as established by the Secretary to be necessary to verify the age and identity of the individual.

 (g) To request self-exclusion, a registered iLottery player must:

 (1) Acknowledge and agree that self-exclusion is requested voluntarily.

 (2) Acknowledge and agree that self-exclusion applies to iLottery but may apply to other lottery products, promotions and drawings as set forth in the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (3) Acknowledge and agree to waive and release the Commonwealth and its agents and employees from all liability relating to the processing and enforcement of self-exclusion.

 (h) A self-excluded, registered iLottery player shall be prohibited from logging into the registered iLottery player's lottery account using their username and password until the self-exclusion period expires.

 (i) A self-excluded, registered iLottery player may request the release of moneys in the registered iLottery player's lottery account as set forth in the iLottery terms and conditions as provided for under § 876.9.

 (j) The self-exclusion period will become effective immediately upon submission and verification of the request.

 (k) A request for self-exclusion is irrevocable.

 (l) At the conclusion of any period of self-exclusion, a self-excluded, registered iLottery player must contact the Bureau to reinstate the registered iLottery player's lottery account.

 (m) The Bureau may offer responsible gambling tools applicable to iLottery and the purchase of lottery products through a lottery account as set forth in the iLottery terms and conditions provided for under § 876.9.

 (n) During any period of self-exclusion or through the use of responsible gambling tools, a registered iLottery player may be prohibited from participating in second chance drawings, promotions offered by the Bureau and marketing communications from the Bureau.

§ 876.17. iLottery promotional prizes.

 The Secretary may authorize iLottery promotions and issue the terms and conditions related thereto under this chapter and § 811.41 (relating to promotional prizes).

§ 876.18. Agent promotion programs.

 Agent incentive and marketing promotion programs may be implemented at the discretion of the Secretary. Funds for the programs, if needed, will be drawn from the Lottery Fund.

§ 876.19. Subscription services.

 (a) The Bureau may offer subscription services for lottery products as authorized by the Secretary.

 (b) The subscription services will be governed by the iLottery terms and conditions as provided for under § 876.9 (relating to iLottery terms and conditions).

 (c) Details of subscription services purchased through iLottery will be available electronically through a registered iLottery player's lottery account.

§ 876.20. Confidential information.

 The following information about a registered iLottery player is confidential, exempt from being disclosed and will be maintained by the Bureau:

 (1) The individual's last name.

 (2) The individual's address.

 (3) The individual's telephone number.

 (4) The individual's financial information.

 (5) The individual's self-exclusion information.

 (6) The individual's Social Security Number or comparable equivalent.

 (7) Information related to the individual's use of responsible gambling tools.

 (8) The individual's play history, including information related to wins and losses.

 (9) The individual's play tendencies.

[Pa.B. Doc. No. 20-377. Filed for public inspection March 13, 2020, 9:00 a.m.]

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