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PA Bulletin, Doc. No. 13-1865

NOTICES

DEPARTMENT
OF REVENUE

Mega Millions® Terminal-Based Lottery Game

[43 Pa.B. 5896]
[Saturday, October 5, 2013]

 Under the State Lottery Law (72 P. S. §§ 3761-101—3761-314) and 61 Pa. Code § 875.4 (relating to notice of terminal-based lottery game rules), the Secretary of Revenue hereby provides public notice of changes to the Mega Millions® terminal-based lottery game rules that were published at 40 Pa.B. 676 (January 30, 2010); and amended at 40 Pa.B. 5263 (September 11, 2010), 40 Pa.B. 6846 (November 27, 2010), 41 Pa.B. 2778 (May 28, 2011), 42 Pa.B. 621 (January 28, 2012) and 43 Pa.B. 2684 (May 11, 2013). The revised game rules are being published in their entirety and replace all previously published rules and amendments.

 The following changes to the Mega Millions® terminal-based game will be effective with the game sales commencing on October 19, 2013.

 This amendment changes the Mega Millions® game matrix, the game odds, the allocation of sales to the prize tiers, the minimum starting annuity jackpot category prize and the prize amounts of the second through the ninth category prizes.

 This amendment changes the number and amount of the annuity jackpot category prize installments.

 This amendment provides for a new method of calculating the second through the ninth category prizes in the event the prizes would become pari-mutuel prizes.

 This amendment provides further detail on the use and content of the various prize pool accounts and the prize reserve account.

 This amendment changes the Megaplier® promotion by changing the prize amounts, the odds and the function of the multiplier feature.

 The complete game rules are provided as follows.

 1. Name: The name of the terminal-based lottery game is Mega Millions®. The game will commence at the discretion of the Secretary and will continue until the Secretary publicly announces a suspension or termination date.

 2. Definitions: The following words and terms, when used in this notice, have the following meanings, unless the context clearly indicates otherwise:

 Cross-Selling Agreement—The agreement between the Mega Millions® Lotteries and the MUSL allowing the MUSL Mega Millions® Product Group member lotteries to sell the Mega Millions® game.

 MUSL—The Multi-State Lottery Association.

 MUSL Board—The governing body of MUSL that is comprised of the chief executive officer of each MUSL member lottery.

 MUSL Finance and Audit Committee—The committee established by the Multi-State Lottery Association Agreement which, among other things, establishes the reserve accounts balances and may accelerate the payment of the jackpot category prize upon the death of a lottery winner.

 MUSL Mega Millions® Product Group—The group of lotteries that have joined together to offer the Mega Millions® game under the terms of the Cross-Selling Agreement between the MUSL and the Mega Millions® Lotteries.

 Mega Millions®—A terminal-based lottery game offered by the Mega Millions® Lotteries and the MUSL Mega Millions® Product Group.

 Mega Millions® drawing officials—The personnel authorized by the Mega Millions® Lotteries to conduct and ensure the integrity of the Mega Millions® and the Megaplier® drawings.

 Mega Millions® Lotteries—Lottery jurisdictions that are parties to the Mega Millions Lottery Agreement. This term does not include members of the MUSL Mega Millions® Product Group.

 Mega Millions® winning numbers—The six numbers, the first five numbers from a field of 75 numbers ranging from 1 through 75, and the last one from a field of 15 numbers ranging from 1 through 15, randomly selected at each Mega Millions® drawing that shall be used to determine winning Mega Millions® plays.

 Megaplier® promotion—A Mega Millions® game feature by which a player, for an additional wager of $1 per play, can increase the second through the ninth category prize amounts or the second through the ninth category pari-mutuel prize amounts, as applicable, by a factor of two, three, four or five times depending upon the multiplier number that is drawn prior to a Mega Millions® drawing. The Megaplier® does not apply to the jackpot category prize.

 3. Price: The price of a Mega Millions® play is $1. Additional plays may be purchased at the discretion of the player. The Megaplier® promotion may be exercised, at the discretion of the player, for an additional $1 per play.

 4. Description of the Mega Millions® lottery game:

 (a) Mega Millions® is designed to give players the opportunity to win one prize in each play.

 (b) For a $1 purchase, the player gets a ticket containing one play. Each play shall consist of six numbers, the first five from a field of 75 numbers ranging from 1 through 75 and the last one from a field of 15 numbers ranging from 1 through 15.

 (c) Players can win a prize, as described in section 7(b) (relating to prizes available to be won and determination of prize winners), by matching, in the same play, five, four, three, two, or one of the five numbers selected from the field of numbers 1 through 75 and matching the one number selected from the field of numbers 1 through 15, with the MegaMillions® winning numbers selected in the Mega Millions® drawing in which the ticket is entered. Or players can win a prize, as described in section 7(b) (relating to prizes available to be won and determination of prize winners), by matching, in the same play, five, four, or three of the five numbers selected from the field of numbers 1 through 75 with the winning numbers selected from the field of numbers 1 through 75, in the Mega Millions® drawing in which the ticket is entered. Or players can win a prize, as described in section 7(b) (relating to prizes available to be won and determination of prize winners), by matching, in the same play, one number from the field of numbers 1 through 15, with the one winning number selected from the field of numbers 1 through 15 in the Mega Millions® drawing in which the ticket is entered.

 5. Mega Millions® bet slip and ticket characteristics:

 (a) Mega Millions® bet slips shall be available at no cost to the player. Plays shall be selected in accordance with the instructions printed on the Mega Millions® bet slip. A Mega Millions® bet slip has no pecuniary or prize value and does not constitute evidence of the purchase of a ticket or the numbers selected. The use of mechanical, electronic, computer generated or any other nonmanual method of marking bet slips is not permitted.

 (b) To purchase a ticket, the player shall remit to an authorized retailer the purchase price and submit a completed Mega Millions® bet slip or request the number selection through Quick Pick or manual terminal entry. The ticket shall contain at least one play as defined in section 4(b), the drawing date or range of dates for which the ticket is entered, the total cost of the bet, validation data and the Megaplier® promotion indication if applicable. On tickets containing multiple plays, each play will be identified by a letter prefix: A for the first play printed on the ticket; B for the second play printed on the ticket; C for the third play printed on the ticket; D for the fourth play printed on the ticket; and E for the fifth play printed on the ticket. The ticket shall be the only valid proof of the bet(s) placed and the only valid receipt for claiming a prize. The ticket shall only be valid for the drawing date or range of dates printed on the ticket.

 (c) Through the use of a bet slip the player may select up to five numbers from the field of numbers 1 to 75 and one number from the field of numbers 1 to 15 for each play purchased and select the number of drawings in which the plays are entered. Alternatively, a player may choose to have their numbers selected using the Quick Pick option, by marking the box for Quick Pick on the bet slip. A $1 wager entitles a player to play game A. A $2 wager entitles a player to play games A and B. A $3 wager entitles a player to play games A, B and C. A $4 wager entitles a player to play games A, B, C and D. A $5 wager entitles a player to play games A, B, C, D and E. Players are also given the option to select the Megaplier® promotion on the bet slip at the time of purchase for an additional $1 per play.

 (d) If Mega Millions® bet slips are unavailable, a player may make their number selections or request the Quick Pick option, and choose the number of drawings to be entered by relaying the same to an authorized retailer for each play. The player may select the Megaplier® promotion for an additional $1 per play. The retailer shall manually enter the number of drawings for which the play is entered, the number selections designated by the player or Quick Pick selections, and the Megaplier® promotion, if applicable, into the Lottery terminal.

 (e) To purchase a ticket at a Lottery self-service terminal that dispenses terminal-based Lottery tickets, the player shall designate their number selections (using either a Mega Millions® bet slip or the Quick Pick option) and the number of drawings to be entered and may exercise the Megaplier® promotion for an additional $1 per play.

 (f) A player may purchase plays for one through twenty-six consecutive drawings, commencing with the next scheduled drawing.

 6. Time, place and manner of conducting drawings.

 (a) Time of drawing. A Mega Millions® drawing will be held as determined and publicly announced by the Secretary.

 (b) Place of drawing. Mega Millions® and the Megaplier® drawings will be conducted in locations selected by the Mega Millions® Lotteries.

 (c) Manner of conducting drawings. The Mega Millions® drawing officials will select, at random, the Mega Millions® winning numbers, with the aid of mechanical devices or any other selection methodology as authorized by the Mega Millions® Lotteries. Prior to the Mega Millions® drawing, the Megaplier® number will be drawn.

 7. Prizes available to be won and determination of prize winners:

 (a) An amount equal to 50% of Mega Millions® gross sales for a Mega Millions® game drawing is anticipated to be reserved for prizes and allocated for payment of prizes as enumerated in sections 7(b) and 7(d) (relating to prizes available to be won and determination of prize winners).

 (b) Determinations of the Mega Millions® prize winners are as follows:

 (1) Holders of tickets upon which the player's five numbers selected from the field of numbers 1 through 75 match the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75 and the player's one number selected from the field of numbers 1 through 15 matches the winning number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of the jackpot category prize. Prize money allocated to the jackpot category prize will be divided into as many shares as there are winning jackpot category prize plays as provided in this section.

 (i) Prior to each drawing, the Mega Millions® Lotteries shall determine the annuity jackpot category prize amount to be advertised. The advertised annuity jackpot category prize amount shall be estimated and established based upon sales and the annuity factor established for the drawing.

 (ii) The minimum Mega Millions® annuity jackpot category prize shall not be less than $15 million divided by the number of plays entitled to a jackpot category prize.

 (iii) If, in a Mega Millions® drawing, there are no winning Mega Millions® jackpot category prize plays, prize money allocated to that prize category will be carried forward and added to the amount allocated for the jackpot category prize in the next consecutive Mega Millions® drawing.

 (iv) If the annuity jackpot category prize divided by the number of Mega Millions® plays matching all the Mega Millions® winning numbers, is equal to or greater than $1,000,000, the jackpot category prize will be paid as an annuity as described in section 7(b)(1)(v) unless the winner irrevocably elects in writing to receive the jackpot category prize in a single cash payment, provided the election is made by the winner within 60 days of the date the Lottery determines that such player is entitled to the jackpot category prize.

 (v) Annuity jackpot category prizes shall be paid in 30 graduated annual installments. The initial payment shall be paid upon completion of internal validation procedures. The subsequent 29 payments shall be paid annually. Payments shall escalate by a factor of five percent (5%) annually, and annual payments shall be rounded down to the nearest even one thousand dollar increment.

 (vi) The amount of the jackpot category prize, if paid as a lump-sum cash payment, will be determined by the MUSL Mega Millions® product group unless a different method is required by the Mega Millions® Lotteries.

 (vii) In the event multiple Mega Millions® plays match the Mega Millions® winning numbers in the same drawing, and the annuity Mega Millions® jackpot category prize divided by the number of winning jackpot category prize game plays is less than $1,000,000, each Mega Millions® jackpot category prize winner shall be paid a lump-sum cash payment in an amount equal to the annuity jackpot category prize amount multiplied by a discount value set by the Mega Millions® Lotteries prior to each drawing, divided equally by the number of jackpot category prize winners.

 (viii) If individual shares of the cash held to fund an annuity are less than $250,000, the MUSL Mega Millions® Product Group, in its sole discretion, may elect to pay the winners their share of the cash allocated for the payment of the jackpot category prize.

 (ix) In the event of the death of a lottery winner during the annuity payment period, the MUSL Finance & Audit Committee, in its sole discretion excepting a discretionary review by the MUSL Mega Millions® Product Group, may accelerate the payment of all of the remaining lottery proceeds to the estate of the lottery winner. The estate of the lottery winner shall petition the lottery of the jurisdiction in which the deceased lottery winner purchased the winning ticket to request acceleration. If such a determination is made, then securities and/or cash held to fund the deceased lottery winner's annuity prize may be distributed to their estate. The identification of the securities to fund the annuity prize shall be at the sole discretion of the MUSL Finance and Audit Committee or the MUSL Mega Millions® Product Group.

 (2) Holders of tickets upon which the player's five numbers selected from the field of numbers 1 through 75 match the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75, in a single play, for the drawing in which the ticket is entered, shall be the winner of a second category prize.

 (3) Holders of tickets upon which four of the player's five numbers selected from the field of numbers 1 through 75 match four of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75 and the player's one number selected from the field of numbers 1 through 15 matches the one number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of a third category prize.

 (4) Holders of tickets upon which four of the player's five numbers selected from the field of numbers 1 through 75 match four of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75, in a single play, for the drawing in which the ticket is entered, shall be the winner of a fourth category prize.

 (5) Holders of tickets upon which three of the player's five numbers selected from the field of numbers 1 through 75 match three of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75 and the player's one number selected from the field of numbers 1 through 15 matches the one number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of a fifth category prize.

 (6) Holders of tickets upon which three of the player's five numbers selected from the field of numbers 1 through 75 match three of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75, in a single play, for the drawing in which the ticket is entered, shall be the winner of a sixth category prize.

 (7) Holders of tickets upon which two of the player's five numbers selected from the field of numbers 1 through 75 match two of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75 and the player's one number selected from the field of numbers 1 through 15 matches the one number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of a seventh category prize.

 (8) Holders of tickets upon which one of the player's five numbers selected from the field of numbers 1 through 75 matches one of the five winning numbers selected by the Mega Millions® drawing officials from the field of numbers 1 through 75 and the player's one number selected from the field of numbers 1 through 15 matches the one number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of an eighth category prize.

 (9) Holders of tickets upon which the player's one number selected from the field of numbers 1 through 15 matches the one number selected by the Mega Millions® drawing officials from the field of numbers 1 through 15, in a single play, for the drawing in which the ticket is entered, shall be the winner of a ninth category prize.

 (10) Except for winning prizes sold by the California Lottery, the prize pool percentage allocated to the second through the ninth category prizes shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the second through the ninth category prizes awarded in the current draw.

 (c) An amount up to five percent of a MUSL Mega Millions® Product Group member's sales shall be placed in trust in one or more prize pool accounts and prize reserve accounts held by the MUSL Mega Millions® Product Group at any time that the prize pool accounts and the member's share of the prize reserve account(s) is below the amounts designated by the MUSL Mega Millions® Product Group. The MUSL Mega Millions® Product Group has established a Prize Reserve Account (PRA) for the Mega Millions® game, which is used to guarantee the payment of valid, but unanticipated, jackpot category prizes that may result from a system error or other reason, subject to the limitations of these rules. The MUSL Mega Millions® Product Group has established the following prize pool accounts for the Mega Millions® game: the Grand Prize pool, which is used to guarantee payment of the immediate jackpot category prize; the Set-Aside Account, which is used to guarantee payment of the minimum or starting jackpot category prize; the Megaplier® prize pool account, which is described in section 10 (relating to Megaplier® promotion) of these rules; and the Low-Tier Prize Pool account, which holds the temporary balances that may result from having fewer than expected winners in the second through the ninth prize categories. The source of the Low-Tier Prize Pool is a MUSL Mega Millions® Product Group member's weekly prize contributions less actual second through the ninth category prize liability. The source of the Set-Aside Account funding is the difference between the amount in the Grand Prize Pool and the amount needed to fund the jackpot category prize payments as determined by the Mega Millions® lotteries. The MUSL Mega Millions® Product Group, with approval of the MUSL Finance and Audit Committee, may establish a maximum balance for the prize pool accounts and prize reserve account. The MUSL Mega Millions® Product Group may determine to expend all or a portion of the funds in the prize pool accounts, except the Grand Prize pool account, and the prize reserve accounts for the purpose of indemnifying the MUSL Mega Millions® Product Group Members and the Mega Millions® Lotteries in the payment of prizes to be made by the participating lotteries, subject to the approval of the MUSL Board, and for the payment of prizes or special prizes in the game subject to the approval of the MUSL Finance and Audit Committee. The prize reserve shares of a MUSL Mega Millions® Product Group member may be adjusted with refunds to the member from the prize reserve account as may be needed to maintain the approved maximum balance and shares of the MUSL Mega Millions® Product Group member. Any amount remaining in the prize pool accounts or prize reserve account at the end of this game shall be carried forward to a replacement game or expended in a manner as directed by the MUSL Mega Millions® Product Group in accordance with jurisdiction law.

 (d) Pari-mutuel Prizes—All Prize Amounts.

 (1) Except as otherwise provided for in section 7(d)(3), if the total of the second through the ninth category prizes awarded in a drawing exceeds the percentage of the prize pool allocated to the second through the ninth category prizes, then the amount needed to fund the second through the ninth category prizes, including Megaplier® prizes, awarded shall be drawn from the following sources, in the following order:

 (i) The amount allocated to the second through the ninth category prizes and carried forward from previous draws, if any.

 (ii) An amount from the Prize Reserve Account, if available, not to exceed forty million dollars ($40,000,000) per drawing.

 (2) Except as otherwise provided for in section 7(d)(3), if, after the sources in section 7(d)(1) are depleted, there are not sufficient funds to pay the second through the ninth category prizes awarded, including Megaplier® prizes, then the highest non-jackpot category prize shall become a pari-mutuel prize. If the amount of the highest non-jackpot category prize, when paid on a pari-mutuel basis, drops to or below the next highest non-jackpot category prize and there are still not sufficient funds to pay the remaining non-jackpot category prizes awarded, then the next highest non-jackpot category prize shall become a pari-mutuel prize. This procedure shall continue down through all non-jackpot category prize levels, if necessary, until all non-jackpot category prize levels become pari-mutuel prize levels.

 (3) By agreement between the MUSL Mega Millions® Product Group and the Mega Millions® Lotteries, the Mega Millions® Lotteries shall independently calculate their non-jackpot category pari-mutuel prize amounts, including the Megaplier® prize amounts. The MUSL Mega Millions® product group members and the Mega Millions® Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently-calculated prize amounts.

 (e) All Mega Millions® prize payments, other than the jackpot category prize, will be made as a lump-sum cash payment.

 (f) A winning Mega Millions® play is entitled only to the highest prize won by those numbers for the drawing in which the play was entered.

 (g) For purpose of prize calculation with respect to a Mega Millions® second through ninth category pari-mutuel prize, the calculation may be rounded down so that prizes may be paid in multiples of one dollar.

 (h) With respect to any Mega Millions® annuity jackpot category prize, the prize amount may be rounded to facilitate the purchase of an appropriate funding mechanism.

 (i) The pool of funds used to pay prizes may be increased as necessary from funds authorized for the payment of prizes to meet the payment obligations in this section.

 (j) The number of prize categories and the allocation of prize money among the prize categories may be changed at the discretion of the Mega Millions® Lotteries and change will be announced by public notice. Any such changes will apply prospectively to Mega Millions® drawings as of the date specified in the public notice.

 (k) The Lottery shall not be responsible for Mega Millions® winning numbers reported in error.

 8. Probability of winning. The following tables set forth all possible ways that a prize can be won in a single play, the corresponding prize, the probability of winning each prize and the percent of sales anticipated to be paid in prizes in each prize category:

A Play Matching The Mega
Millions® Winning Numbers
Category
Prize
Prize Probability Of
Winning Per Play:
Percent (%) Of Sales
Anticipated To Be
Paid In Prizes
Five numbers from the field of numbers 1 through 75 and one number from the field of numbers 1 through 15 Jackpot Jackpot 1:258,890,850 32.577% (Actual)
Five numbers from the field of numbers 1 through 75 Second $1,000,000 1:18,492,204 5.408%
Four numbers from the field of numbers 1 through 75 and one number from the field of numbers 1 through 15 Third $5,000 1:739,688    0.676%
Four numbers from the field of numbers 1 through 75 Fourth $500 1:52,835     0.946%
Three numbers from the field of numbers 1 through 75 and one number from the field of numbers 1 through 15 Fifth $50 1:10,720     0.466%
Three numbers from the field of numbers 1 through 75 Sixth $5 1:766       0.653%
Two numbers from the field of numbers 1 through 75 and one number from the field of numbers 1 through 15 Seventh $5 1:473       1.057%
One number from the field of numbers 1 through 75 and one number from the field of numbers 1 through 15 Eighth $2 1:56        3.542%
One number from the field of numbers 1 through 15 Ninth $1 1:21        4.675%

 9. Unclaimed prizes. All unclaimed jackpot category prize moneys will be returned to the lotteries selling Mega Millions® in the same ratio that each lottery contributed to the jackpot category prize.

 10. Megaplier® promotion.

 (a) The Megaplier® promotion shall be available in association with the Mega Millions® game and will continue until the Secretary publicly announces a suspension or termination thereof. Players may purchase the Megaplier® promotion for the chance to multiply the second through the ninth category prizes won as a result of a Mega Millions® drawing by a number ranging from 2 to 5. The Secretary on occasion may announce, as a special promotion, multipliers greater than five or other changes to features of the Megaplier® promotion. The Mega Millions® jackpot category prize will not be eligible for multiplication under the Megaplier® promotion.

 (b) At the time of purchasing a Mega Millions® ticket from a Lottery retailer, a player may choose the Megaplier® promotion for an additional $1 per play for each play on a Mega Millions® ticket. If a player chooses the Megaplier® promotion feature for any play on a ticket, every play on that ticket must participate in the promotion.

 (c) Prior to the time of each Mega Millions® drawing, the Mega Millions® drawing officials shall conduct a Megaplier® drawing which shall result in the selection of the Megaplier® number from among the following series of numbers: 2, 2, 3, 3, 3, 3, 4, 4, 4, 5, 5, 5, 5, 5, and 5. If the lottery authorized to conduct the Megaplier® drawing determines that the Megaplier® drawing did not occur prior to the Mega Millions® drawing, the Megaplier® number will be a 5.

 (d) Mega Millions® tickets that contain the Megaplier® promotion and one or more plays eligible for Mega Millions® second through ninth category prizes, as described in section 7(b) (relating to prizes available to be won and determination of prize winners), shall be entitled to a total prize calculated by multiplying each Mega Millions® second through ninth category prize by the Megaplier® number selected for the drawing in which the ticket was entered.

 (e) As determined by the MUSL Mega Millions® Product Group, an amount up to fifty-five percent of the Megaplier® sales shall be allocated for the payment of Megaplier® prizes. Any amount not used to pay multiplied prizes may be carried forward to subsequent draws or may be collected and placed in the Megaplier® Prize Pool until the prize pool account reaches the amount designated by the MUSL Mega Millions® Product Group. Any amount remaining in the Megaplier® Prize Prize Pool Account at the end of this game shall be carried forward to a replacement game or expended in a manner as directed by the MUSL Mega Millions® Product Group in accordance with jurisdiction law.

 (f) The odds of various Megaplier® numbers being selected in a Megaplier® drawing are:

Megaplier® Odds
Two 1:7.5
Three 1:3.75
Four 1:5
Five 1:2.5

 (g) Pari-mutuel Prizes—All Prize Amounts.

 (1) Except as otherwise provided for in section 10(g)(3), if the total of the original Mega Millions® second through ninth category prizes and the Megaplier® prize amounts awarded in a drawing exceeds the percentage of the prize pools allocated to the second through ninth category prizes, then the amount needed to fund the second through the ninth category prizes (including the Megaplier® prize amounts) awarded shall be drawn from the following sources, in the following order:

 (i) The amount allocated to the second through the ninth category prizes (including Megaplier® prize amounts) and carried forward from previous draws, if any.

 (ii) An amount from the Mega Millions® Prize Reserve Account, if available in the account, not to exceed forty million dollars ($40,000,000) per drawing.

 (2) Except as otherwise provided for in section 10(g)(3), if, after the sources in section 10(g)(1) are depleted, there are not sufficient funds to pay the second through the ninth category prizes awarded (including Megaplier® prize amounts), then the highest non-jackpot category prize (including the Megaplier® prize amounts) shall become a pari-mutuel prize. If the amount of the highest non-jackpot category prize, when paid on a pari-mutuel basis, drops to or below the next highest non-jackpot category prize and there are still not sufficient funds to pay the remaining non-jackpot category prizes awarded, then the next highest non-jackpot category prize, including the Megaplier® prize amount, shall become a pari-mutuel prize. This procedure shall continue down throughall non-jackpot category prizes levels, if necessary, until all non-jackpot category prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in this rule shall be divided among the winning plays in proportion to their respective prize percentages. Mega Millions® and Megaplier® prizes will be reduced by the same percentage.

 (3) By agreement between the MUSL Mega Millions® Product Group and the Mega Millions® Lotteries, the Mega Millions® Lotteries shall independently calculate their set pari-mutuel prize amounts, including the Megaplier® prize amounts. The MUSL Mega Millions® product group members and the Mega Millions® Lotteries shall then agree to set the pari-mutuel prize amounts for all lotteries selling the game at the lesser of the independently-calculated prize amounts.

 11. Ineligible Players. A Mega Millions® game ticket may not be purchased by, and a prize will not be paid to, a lottery board member, commissioner, officer or employee of a lottery jurisdiction selling Mega Millions®, or a spouse, child, brother, sister or parent residing as a member of the same household in the principle place of residence of any such person. A Mega Millions® game ticket may not be purchased by, and a prize will not be paid to, individuals prohibited by the MUSL Mega Millions® Product Group or individuals identified in 61 Pa. Code § 871.17(b) (relating to purchase and prize restrictions).

 12. Applicable Law. In purchasing a ticket, the purchaser agrees to comply with and be bound by all applicable Pennsylvania statutes, the Pennsylvania Lottery's regulations, policies, and procedures, the MUSL Mega Millions® Product Group rules, and these Mega Millions® game rules. Claims arising from Mega Millions® ticket sales occurring in the Commonwealth shall be resolved exclusively with the Pennsylvania Lottery according to the laws of Pennsylvania. Conflicts between the MUSL Mega Millions® Product Group rules and the Mega Millions® game rules as published in the Pennsylvania Bulletin shall be resolved in favor of the MUSL Mega Millions® Product Group rules. In the event the Mega Millions® game rules as published in the Pennsylvania Bulletin are silent, the applicable MUSL Mega Millions® Product Group rules shall apply.

 13. The Lottery may conduct a separate retailer incentive program for retailers who sell Mega Millions® lottery tickets. The conduct of the program will be governed by 61 Pa. Code § 811.41 (relating to promotional prizes).

DANIEL MEUSER, 
Secretary

[Pa.B. Doc. No. 13-1865. Filed for public inspection October 4, 2013, 9:00 a.m.]



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