Title 9 Part 5008 NYCRR — browse free

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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 15 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 5008.1 - Definitions

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

The following definitions apply to this Part.

(a)Lotto means a lottery game that has a designated field of consecutive whole numbers beginning with 1 and ending with 59 from which a player may select up to 6 numbers.

(b)Prize pool or winning pool means a percentage of the gross sales, as may be determined by the commission, for a particular Lotto game that is allocated for the purpose of paying prizes for that drawing.

9 NYCRR 5008.2 - Payment of prizes

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)Prizes for the Lotto game shall be calculated as follows:

(1)The prize money allocated from the prize pool to the first prize category, plus any money brought forward from a previous drawing and any money added from the Lotto prize fund reserve or any other available source pursuant to a guaranteed first prize amount announcement, will be divided equally by the number of game panels qualifying for a first prize.

(2)The prize money allocated from the prize pool to the second prize category, plus any money brought forward from a previous draw, will be divided equally by the number of game panels qualifying for a second prize, less any adjustment required by paragraph (5) of this subdivision.

(3)The prize money allocated from the prize pool to the third prize category will be divided equally by the number of game panels qualifying for a third prize, less any adjustment required by paragraph (5) of this subdivision.

(4)The prize money allocated from the prize pool to the fourth prize category will be divided equally by the number of game panels qualifying for a fourth prize, less any adjustment required by paragraph (5) of this subdivision.

(5)A prize in a minimum amount of $1 shall be awarded to the fifth prize category. If there are insufficient prize monies to award a minimum of $1 to all fifth prize winners, then the second, third, and fourth prize allocations shall contribute equally to provide sufficient monies to pay a minimum $1 fifth prize.

(b)Each first prize payment shall be subject to the following provisions of this subdivision.

(1)If, pursuant to paragraph (a)(1) of this section, the calculated share for each game panel qualifying for a first prize in a particular Lotto drawing would provide annual payments of $10,000 or more, a winner shall receive an initial payment in an amount as similar as possible to the first annuity payment. After providing for such a first payment, the commission, as authorized by the comptroller, shall invest the remaining first prize money in securities authorized by the State Finance Law for the investment of State funds at current rates payable over a period of years. From the returns of principal and earnings on such investment, the commission shall pay annual prize installments to each first prize winner. Such annual prize installments shall be payable for a term of years to be determined by the commission. The number of years in the term payment schedule may be changed by the commission from time to time. Any such change will be publicly announced by the commission. Such announcement may be made in a news release, an advertisement, on the commission website, or in such other form as the commission, in the commission’s discretion, may prescribe to maximize public awareness. Lotto players may elect whether a first prize shall be payable in installments over a term of years in accordance with the foregoing provisions of this paragraph or, alternatively, whether a first prize shall be payable in a lump sum. If a prize is awarded in a lump sum as a result of a player having elected that option, the amount of the lump sum payment shall be equal to the first prize discounted to present value based upon market rates on the business day following the drawing, divided by the number of game panels qualifying for a first prize. A jackpot prize shall be paid, at the election of a player made no later than 60 days after the player becomes entitled to the prize, with either an annuity or lump sum payment. If the payment election is not made by a player within 60 days after the player becomes entitled to the prize, then the prize shall be paid as an annuity prize. An election to take a lump sum payment may be made at the time of the prize claim or within 60 days after the winner becomes entitled to the prize. An election made after the winner becomes entitled to the prize is final and cannot be revoked, withdrawn or otherwise changed without the approval of the commission.

(2)If, pursuant to paragraph (a)(1) of this section, the calculated share for each game panel qualifying for a first prize in a particular Lotto drawing would provide annual payments of less than $10,000, a winner shall receive the entire prize in a single payment. Such payment shall be equal to the first prize discounted to present value based upon market rates on the business day following the drawing, divided by the number of game panels qualifying for a first prize.

(c)

(1)If in any Lotto drawing, there is no game panel eligible for a first prize, the amount allocated from the prize pool to the first prize category, plus any amount brought forward from a previous drawing, shall be added to the first prize category for the next drawing.

(2)If the commission has announced a guaranteed first prize amount for any Lotto drawing, and if the amount allocated from the winning pool to the first prize category, plus any amount brought forward from a previous drawing, is insufficient to pay the guaranteed first prize, then the amount necessary to fulfill the guarantee shall be added from the Lotto prize fund reserve or any other available source to the first prize category. If, however, there is no game panel qualifying for the first prize category in such drawing, no amount from the Lotto prize fund reserve shall be brought forward to the first prize category for the next drawing. If the commission has announced a guaranteed first prize amount for any Lotto drawing, and if the amount allocated from the winning pool to the first prize category, plus any amount brought forward from a previous drawing, exceeds the amount necessary to pay the guaranteed first prize, then the excess may be allocated to the Lotto prize fund reserve established pursuant to subdivision (c) of section 5008.7 of this Part.

(3)If in any Lotto drawing, there is no game panel qualifying for the second prize category, the amount allocated from the winning pool to the second prize category, plus any amount brought forward from a previous drawing, shall be added to the second prize category for the next drawing.

(d)Within a time period specified by the commission following the draw date, a claimant may present a valid winning Lotto ticket valued at $600 dollars or less for payment at a licensed retailer; thereafter, the winning ticket may only be claimed at a customer service center approved by the commission by mailing the ticket to the commission. Lotto tickets may be purchased at any location equipped with a lottery computer terminal.

(e)First prize winners shall receive payment not earlier than the 14th day after the relevant draw date.

(f)For the purpose of calculating any prize to be paid, the calculation shall be rounded down so the prize can be paid in multiples of one dollar.

(g)The holder of a winning ticket may win only one prize per game panel in connection with the winning numbers drawn for a particular Lotto game, but shall be entitled to the highest prize won by those numbers.

9 NYCRR 5008.3 - Ticket sales

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)No person shall sell a Lotto ticket at a price greater than that fixed by this Part.

(b)The price for each Lotto wager is $1, which entitles the player to two game panels.

9 NYCRR 5008.4 - Prize funds

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-22-26-00020-P · Proposed rule · Jun 3, 2026
Source snapshot: Jun 6, 2026

(a)Forty percent of gross sales for each Lotto game draw date shall be paid into the New York Lottery prize account for allocation of prize winnings.

(b)Not less than 38 percent of gross sales for a particular Lotto game draw shall be the amount allocated to the prize pool for that particular game, and not less than such amount shall form the basis upon which the payment of prizes for the particular game shall be computed; provided, however, that a lesser amount may be allocated to the prize pool if there is an excess of prize funds beyond the amount needed to pay a guaranteed first prize amount as provided in section 5008.2(c)(2) of this Part.

(c)The commission may allocate not more than two percent of gross sales in any Lotto game draw to prize pools for any other Lotto game draw dates; provided, however, that a greater amount may be allocated to other Lotto prize pools if there is an excess of prize funds beyond the amount needed to pay a guaranteed first prize amount as provided in section 5008.2(c)(2) of this Part. The amount so allocated shall be referred to as the Lotto prize fund reserve. At the commission’s discretion, the Lotto prize fund reserve may be used to fund promotions and maintain minimum prize levels.

(d)In the event of termination of the Lotto game for whatever reason, any prize monies remaining undistributed in the New York State Lottery prize account will be disbursed for the sole benefit of winners of other Lotto or Lottery games at the total discretion of the commission.

9 NYCRR 5008.5 - Miscellaneous

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)All number selections or other information appearing on any Lotto bet ticket shall be deemed to be made or given exclusively by the player. Where one person submits a ticket as agent or nominee for another person or persons, the commission shall not be deemed to have any knowledge of such transaction, and all dealings of the commission will be conducted solely with the bearer of the ticket.

(b)No claimant will be considered eligible to receive a prize without presentation of a valid winning bet ticket.

(c)The commission reserves the right to change the prize structures, frequency of draws, draw dates, or the games themselves, and any such changes shall be publicly announced in advance by the commission. Any public announcement provided for in this Part shall be made in a news release, an advertisement, on the commission website, or in such other form as the commission, in the commission’s discretion, may prescribe to maximize public awareness.

(d)If for any reason, a bet ticket is not entirely legible or is misprinted or altered in any way, then the computer record created at the time of sale will be the sole method of determining whether such ticket is a valid winning ticket and whether a first prize shall be payable in installments or as a lump sum.

(e)Lotto bet tickets may not be canceled once issued by the computer terminal. However, the lottery sales agent may receive credit for any unreadable bet tickets issued, as these tickets (although unreadable) are recorded on the computer file as valid bets.

(f)If a lottery sales agent applies for credit for an unreadable bet ticket and it is determined that such ticket would have qualified for a prize, the commission may make a proportionate reduction in the number of shares into which the prize money for that prize category is divided, thereby increasing the value of the prize available for each qualifying game panel.

(g)When any question shall arise as to the validity of a Lotto drawing for any reason whatsoever, the commission shall make the determination as to the validity of said drawing on the basis of the information at the commission’s disposal. The determination of the commission shall be a final determination.

9 NYCRR 5008.6 - Determination of prizes

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)For each Lotto game, seven numbers will be randomly selected at a public drawing from a field of 59 numbers from 1 to and including 59. The first six randomly chosen numbers will be the winning numbers. The seventh number will be the bonus number. Prize levels are determined as follows:

Any game panel on the bet ticket having the following shall be deemed a winning game panel: The following shall be prize categories:

All six winning numbers First prize

Any five winning numbers plus the bonus number Second prize

Any five winning numbers Third prize

Any four winning numbers Fourth prize

Any three winning numbers Fifth prize

(b)The allocation of percentages of the prize pool to various prize categories may be changed by the commission from time to time. Any such change will be publicly announced by the commission. Such announcement may be made in a news release, an advertisement, on the commission’s or the commission’s website, or in such other form as the director, in the director’s discretion, may prescribe to maximize public awareness. In addition to the prizes specified in this section, the commission may offer special prizes from time to time, in the form of either cash or other valuable consideration, if such additional special prizes are authorized by the commission in the commission’s discretion.

9 NYCRR 5008.7 - Chances of winning

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)First prize.

Six numbers in one game panel. Chance of winning: 1 in 45,057,474. Chance of winning for a $1 bet (two panels): 1 in 22,528,737. Percentage of prize pool: 75%.

(b)Second prize.

Any five winning numbers plus the bonus number in one game panel. Chance of winning: 1 in 7,509,579. Chance of winning for a $1 bet (two panels): 1 in 3,754,790. Percentage of prize pool: 7.25%.

(c)Third prize.

Any five winning numbers in one game panel. Chance of winning: 1 in 144,415. Chance of winning for a $1 bet (two panels): 1 in 72,207. Percentage of prize pool: 5.5%.

(d)Fourth prize.

Any four winning numbers in one game panel. Chance of winning: 1 in 2,180. Chance of winning for a $1 bet (two panels): 1 in 1,090. Percentage of prize pool: 6.25%.

(e)Fifth prize.

Any three winning numbers in one game panel. Chance of winning: 1 in 96. Chance of winning for a $1 bet (two panels): 1 in 48. Percentage of prize pool: 6%.

(f)Overall chance of winning a prize for a $1 bet: 1 in 46. Note: The bonus number applies to the second prize only.

(g)The odds listed in this section have been rounded to the nearest whole number and assume random number selection by Lotto players.

9 NYCRR 5008.8 - Maximum amount for Lotto jackpots

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)If the director determines that it is in the best interest of the player and/or the State, the commission may, at the commission’s discretion, set a maximum amount payable for a first prize for any Lotto game. If this is done, such event will be publicly announced in advance of the draw for the game for which it is effective.

(b)In the event that a maximum first prize amount is established, any dollars in the first prize fund for a particular game draw in excess of the amount required to award the maximum first prize shall be carried forward to the next jackpot for that game's draw after the maximum amount has been paid.

9 NYCRR 5008.9 - Lotto extra

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

9 NYCRR 5008.10 - Variations of the Lotto game

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

The commission may offer a variation of the Lotto game that has a designated field of consecutive whole numbers beginning with one to a number designated by the commission not greater than 60 from which a player may select up to six numbers. The commission reserves the discretion to offer additional versions of the Lotto game with different prize structures and designated fields of numbers. If the commission offers an additional version of the game, sections 5008.10 through 5008.16 of this Part shall continue to apply.

9 NYCRR 5008.11 - Distribution of prize money for variations of the Lotto game

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)Prizes for a variation of the Lotto game shall be calculated as follows:

(1)The first prize will be a prize of up to an amount designated by the commission, which will be paid as a lump sum. A first prize will be awarded to game panels matching six of six winning numbers for a particular drawing. The commission may limit the number of top first prizes for a particular drawing to no more than a designated number. If the limited number of top first prizes designated by the commission exceeded for a particular drawing, the winning first prize game panels will share equally in a maximum first prize pool equal to the product of the top first prize amount multiplied by the limited number of top first prizes designated by the commission. At the commission’s discretion, the commission may change the top first prize amount and any such change will be publicly announced in advance of the effective date.

(2)Prizes paid to the second through fourth prize levels shall be fixed prizes as prescribed by the commission. There shall be a limit imposed on the second through fourth prize levels equal to a fixed percentage of the gross ticket sales receipts for that particular drawing. In the event that the limit would be exceeded for a particular draw, the second through fourth prize levels shall be calculated on a pari-mutuel basis in accordance with a formula established by the commission.

(3)The allocation of percentages of the prize pool to various prize categories may be changed by the commission from time to time. Any such change will be publicly announced by the commission.

(b)In the event that the commission offers an additional version of the Lotto game, the method of calculation and distribution of prizes shall be publicly announced in advance by the commission.

(c)A valid winning ticket valued at $600 or less and presented for payment within a number of days of the drawing date, as determined by the commission, may be redeemed by a lottery sales agent. All other valid winning tickets may be redeemed at a customer service center.

(d)For the purpose of calculating any prize to be paid, the calculation shall be rounded down so that prize can be paid in multiples of one dollar.

9 NYCRR 5008.12 - Ticket sales for variations of the Lotto game

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)The price for each wager in any variation of the Lotto game shall be determined by the commission.

(b)A play card is not a valid receipt for any game played. The bet ticket is the only valid receipt.

(c)No claimant will be considered eligible to receive a prize without presentation of a valid winning bet ticket.

(e)A bet ticket for any variation of the Lotto game may not be canceled once issued by the computer terminal. However, the lottery sales agent may receive credit for any unreadable bet ticket issued, as these tickets (although unreadable) are recorded on the computer file as valid bets.

9 NYCRR 5008.13 - Prize funds for variations of the Lotto game

Later Register activity found — review the notice before relying on the compiled text.

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)Up to 40 percent of gross ticket sales receipts for each variation of the Lotto game draw date may be paid into the commission prize account for allocation of prize winnings or as may be otherwise prescribed by the New York State Lottery for Education Law.

(b)The commission may allocate a percentage of gross sales for a particular game drawing to the prize pool for that particular game, and not less than such amount shall form the basis upon which the payment of prizes for the particular game shall be computed; provided, however, that a lesser amount may be allocated to the prize pool if there is an excess of prize funds beyond the amount needed to pay a fixed prize.

(c)The commission may allocate a percentage of gross sales receipts for any game drawing of a variation of the Lotto game to prize pools for any other game drawing dates of that particular variation of the Lotto game; provided, however, that a greater amount may be allocated to other prize pools of that particular variation of the Lotto game if there is an excess of prize funds beyond the amount needed to pay a fixed prize. The amount so allocated shall be referred to as the prize fund reserve for that particular variation of the Lotto game. This prize fund reserve may be used to fund promotions and maintain minimum prize levels, as determined by the commission.

(d)In the event of termination of any variation of the Lotto game for whatever reason, any prize monies remaining undistributed in the prize fund reserve for that particular variation of the Lotto game will be disbursed for the sole benefit of winners of other commission games at the discretion of the commission.

9 NYCRR 5008.14 - Determination of prizes for variations of the Lotto game

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)For a variation of the Lotto game, six numbers shall be randomly selected at a public drawing from a field of consecutive whole numbers beginning with one to a number designated by the commission not greater than 60. The first six randomly chosen numbers shall be the winning numbers. The method of determination of prizes shall be publicly announced in advance by the commission.

(b)The prize structure and odds of winning may be publicly announced by the commission in advance of the effective date.

(c)The commission reserves the right to change the field of numbers. Any change in the field of numbers shall be publicly announced by the commission in advance of the effective date.

(d)In addition to the announced prize structure, the commission may offer special prizes from time to time.

9 NYCRR 5008.15 - Procedures for claiming a prize for variations of the Lotto game

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

A prize may be claimed in any variation of the Lotto game in accordance with this Part.

9 NYCRR 5008.16 - Miscellaneous provisions applicable to variations of the Lotto game

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: Later Register activity found — review the notice before relying on the compiled text.
Latest notice: SGC-48-25-00026-A · Adopted rule · Feb 18, 2026
Source snapshot: Jun 6, 2026

(a)All number selections or other information appearing on a bet ticket for any variation of the Lotto game shall be deemed to be made or given exclusively by the player. Where one person submits a ticket as agent or nominee for another person or persons, the commission shall not be deemed to have any knowledge of such transaction, and all dealings of the commission will be conducted solely with the bearer of the ticket.

(b)The commission reserves the right to change the prize structures, frequency of drawings, drawing dates, or the games themselves, and any such changes shall be publicly announced in advance by the commission. Any public announcement provided for in this Part shall be made in a news release, an advertisement, on the commission’s website, or in such other form as the commission, in the commission’s discretion, may prescribe to maximize public awareness.

(c)Any determination by the commission described in this Part shall be made with consideration of any of the following goals:

(1)to make the Lotto game or any variation of the Lotto game more appealing or convenient for players;

(2)to further the commission’s mission of raising revenue for aid to education; or

(3)to allow the commission to administer the Lotto game or any variation of the Lotto game more effectively or efficiently.

(d)When any question shall arise as to the validity of a drawing of any variation of the Lotto game for any reason whatsoever, the commission shall make the determination as to the validity of said drawing on the basis of the information at the commission’s disposal. The determination of the commission shall be a final determination.

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