NOTICES
DEPARTMENT OF REVENUE
Internet Instant Games iLottery Game
[51 Pa.B. 748]
[Saturday, February 6, 2021]Under the State Lottery Law (72 P.S. §§ 3761-101—3761-314) Title 4 Amusements (4 Pa.C.S.A. §§ 501—505) and 61 Pa. Code § 876.2d (relating to iLottery game rules by category of game offered), the Secretary of Revenue hereby provides public notice of the rules for internet instant games of the iLottery category of games, as required by the iLottery permanent regulations published at 50 Pa.B. 1528 (March 14, 2020).
1. Purpose. This notice shall provide the rules governing internet instant games offered through the Bureau's iLottery system available on the iLottery web site (www.PAiLottery.com) and the Bureau's mobile application. Internet instant lottery games are operated under 4 Pa.C.S.A. §§ 501—505 and 61 Pa. Code §§ 876.1—876.20, as applicable. This notice shall also rescind the notice published at 48 Pa.B. 2027 (April 7, 2018).
2. Game Type. The type of iLottery games governed by this notice are internet instant games, as provided for under 61 Pa. Code § 876.2c(a)(4). Internet instant games are a category of games where the result of the game is a reveal of numbers, letters or symbols, indicating whether a prize has been won according to this notice, the game's prize structure and the game description.
3. Definitions. The words and terms, when used in this notice, have the meanings ascribed to them under 61 Pa. Code § 876.2 (relating to definitions), unless the context clearly indicates otherwise.
4. Time and place of outcome determination. Each internet instant game is available on demand and the outcome will be revealed on the computer, tablet computer or other mobile device on which the game is played immediately upon completion of the game.
5. Method of outcome determination.
(a) Internet instant game outcomes are determined through the use of a random number generator. At the time the registered iLottery player starts a game, a random number generator selects outcomes from a preset range of potential outcomes and how that outcome will be displayed to the player, based on the specific design of each individual game.
(b) The outcome of an internet instant game is determined at the time the registered iLottery player purchases a play, chance or share (hereinafter referred to as ''play'' in the singular, or ''plays'' in the plural). Registered iLottery player selections, actions or choices within iLottery games do not affect the outcome of the game or the prize won.
6. Prize Structure.
(a) Prize structures for internet instant games may include one or more of the following: prize tiers; progressive prizes; fixed payout; and prize pool or pools.
(1) Prize tiers are the specific prize amounts that can be won in an internet instant game. Prize amounts may be won and displayed differently in each game and each game may have its own, different prize tiers.
(2) Progressive prizes are a prize tier or tiers that may be present in some games. Any specific progressive prize starts at a predetermined value and a portion of each amount played contributes a preset amount to the progressive prize or prizes each time a play is purchased for that game. When any specific progressive prize is won, the progressive prize for the next play is reset to a predetermined value based on the rules of the game. The operation of the progressive prize or prizes can vary from game to game, and the method of operation will be communicated in the game description.
(3) Fixed payout games feature static prize amounts, and the number and amount of the prizes are not affected by the amount of times a game is played or by the number of people who play the game.
(4) A prize pool or pools are a predetermined set of play outcomes.
(i) A depleting prize pool includes a pre-defined number of plays, including both winning and non-winning outcomes that are random throughout an entire prize pool. As plays are purchased, the total number of outcomes deplete until all plays are gone. A depleting prize pool can be replaced, in its entirety, once all plays are depleted.
(ii) A non-depleting prize pool includes a pre-defined number of plays, including both winning and non-winning outcomes that are random throughout an entire prize pool. As plays are purchased, the winning and losing outcomes are automatically replenished and available for each subsequent purchase.
(b) Internet instant games give a registered iLottery player the opportunity to win one prize per play.
(c) The prize structure of each internet instant game is communicated to players in the game description provided for each individual game, as further described in section 9 (relating to location of individual game descriptions).
7. Purchase Price. The purchase price for a single play in any individual internet instant game is determined by the game selected and can range from $0.01 to $30. The price, or range of prices, of any individual play in any internet instant game can be found in the game description as further described in section 9 (relating to location of game descriptions).
8. Availability.
(a) Eligibility: To be eligible to participate in iLottery and purchase plays for internet instant games, a person must agree to the iLottery terms and conditions as provided for at 61 Pa. Code § 876.9, and must meet all of the requirements of 61 Pa. Code §§ 876.10, 876.10a and 876.11.
(1) A person must become a registered iLottery player by establishing a lottery account through the Bureau's iLottery web site or the Bureau's mobile application.
(2) A registered iLottery player must be 18 years of age, or older.
(3) A registered iLottery player must be located within the physical boundaries of the Commonwealth of Pennsylvania to purchase a play.
(4) During any period of self-exclusion as provided for under 61 Pa. Code § 876.16 (relating to self-exclusion from iLottery and responsible gambling tools), no self-excluded registered iLottery player shall purchase plays, deposit or withdraw funds from the registered iLottery player's lottery account or otherwise participate in iLottery and iLottery promotions prior to the conclusion of the self-exclusion period.
(5) A registered iLottery player shall abide by all other requirements of 4 Pa.C.S.A. §§ 501—505 (relating to lottery), as well as any regulations promulgated thereunder.
(b) Internet instant games are available to registered iLottery players from the on-sale date, as determined by the Bureau, until the game is terminated or suspended in accordance with this section.
(c) The termination of specific internet instant games, of the internet instant game category, or of the iLottery category of games, will be communicated through the Bureau's web site (http://www.palottery.com) at the discretion of the Secretary.
(d) Individual internet instant games may be suspended and removed from the game lobby at the discretion of the Bureau for any reason. A game may be suspended or removed by the Bureau for any reason and is not considered terminated unless communicated as described in this section.
9. Location of Individual Game Descriptions. The description of each individual internet instant game, containing all of the information as required by 61 Pa. Code § 876.4 (relating to iLottery game description), as well as the instructions for playing each individual internet instant game, will be posted to the Bureau's iLottery web site and the iLottery section of the Bureau's mobile application.
10. Procedures for Purchasing a Play.
(a) To purchase a play, a registered iLottery player must have a valid lottery account, as referenced in section 8 (relating to availability).
(b) A registered iLottery player must fund the player's lottery account with money from an approved payment provider, as further detailed on the Bureau's iLottery web site, or the iLottery section of the Bureau's mobile application.
(c) A registered iLottery player may purchase a play using the player's own money, or by using bonus money provided to the registered iLottery player by the Bureau at its discretion, which is deposited into the player's lottery account.
11. Procedures for Claiming and Payment of Prizes.
(a) After purchasing a play for an internet instant game, a registered iLottery player must follow the instructions provided for that internet instant game to reveal whether a prize is awarded.
(b) Prizes won by playing internet instant games will be deposited into the registered iLottery player's lottery account and may be withdrawn from the player's lottery account at the player's discretion, as further detailed in the iLottery terms and conditions.
(c) The Bureau will report taxable events to the relevant taxing authorities based on established statutory thresholds and a registered iLottery player will have the ability to view and print tax statements within the registered iLottery player's lottery account.
(d) State and Federal withholding taxes will be automatically deducted from prizes meeting established statutory thresholds and shall be remitted to the appropriate taxing authorities as required by law.
(e) Statutorily required offsets under 23 Pa.C.S. § 4308 (relating to lottery winnings intercept) and 72 P.S. § 215 regarding lottery winnings intercept, shall be automatically deducted from prizes meeting statutory thresholds, and shall be paid to the relevant agencies as required by law.
12. Governing Law. By registering to participate in iLottery, the registered iLottery player agrees to comply with and abide by Federal and State law, the iLottery regulations, iLottery Bonus Policy, applicable game rules, the terms and conditions for registration and participation in iLottery and final decisions of the Secretary.
13. Applicability.
(a) This notice applies only to the internet instant games category of iLottery games as offered by the Bureau.
(b) Internet instant games are only offered through the Bureau's iLottery web site and the Bureau's mobile application.
(c) Internet instant games are not available through Lottery retailers.
C. DANIEL HASSELL,
Secretary
[Pa.B. Doc. No. 21-203. Filed for public inspection February 5, 2021, 9:00 a.m.]
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