§ 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.
Authority The provisions of this § 876.9 amended under 4 Pa.C.S. § 503; and section 303(a) of the State Lottery Law (72 P.S. § 3761-303(a)).
Source The provisions of this § 876.9 amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1528. Immediately preceding text appears at serial pages (391085) to (391088).
Cross References This section cited in 61 Pa. Code § 876.6 (relating to governing law); 61 Pa. Code § 876.7 (relating to general provisions); 61 Pa. Code § 876.10 (relating to iLottery registration and participation); 61 Pa. Code § 876.10a (relating to registered iLottery player lottery account requirements); 61 Pa. Code § 876.11a (relating to methods to fund a lottery account); 61 Pa. Code § 876.14a (relating to withdrawals from a lottery account); 61 Pa. Code § 876.16 (relating to self-exclusion from iLottery and responsible gambling tools); and 61 Pa. Code § 876.19 (relating to subscription services).
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