Administrative Code

Virginia Administrative Code
Title 11. Gaming
Agency 5. Virginia Lottery Board
1/21/2020

Chapter 41. Lottery Game Regulations

11VAC5-41-10. Definitions for lottery games.

The following words and terms when used in any of the agency's regulations shall have the same meanings as defined in this chapter unless the context clearly indicates otherwise:

"Agency" means the Virginia Lottery created by Virginia Lottery Law (Chapter 40 (§ 58.1-4000 et seq.) of Title 58.1 of the Code of Virginia).

"Altered ticket" means a lottery ticket that has been forged, counterfeited, or tampered with in any manner.

"Board" means the Virginia Lottery Board established by the Virginia Lottery Law (Chapter 40 (§ 58.1-4000 et seq.) of Title 58.1 of the Code of Virginia).

"Breakage" means the money accumulated from the rounding down of the pari-mutuel prize levels to the next lowest whole dollar amount.

"Cashing retailer" means an agency-licensed retailer that sells lottery products and is authorized to pay prizes.

"Computer gaming system" means any computer system owned, operated, or contracted by the agency that supports the sale, redemption, or validation of lottery tickets or wagers.

"Computer-generated game" means a game that is dependent upon the use of a terminal in direct communication with a game mainframe computer.

"Computer-generated ticket" means an electronically-produced ticket issued through the computer gaming system by a retailer to a player as a receipt for the number, numbers, or items or combination of numbers or items, the player has selected.

"Coupon" is a device, whether paper, or otherwise, that is approved by the agency for redemption.

"Director" means the Executive Director of the Virginia Lottery or his designee.

"Drawing" means a formal process of randomly selecting numbers, names, or items in accordance with the specific game or promotion rules for games or promotions requiring the random selection of numbers, names, or items.

"Entry" means a method, whether in electronic or paper form, by which a person enters a drawing or promotion.

"Game" means any individual or particular type of lottery authorized by the board.

"Misprinted ticket" means a lottery ticket or play that contains a manufacturing, programming, or printing defect that causes the game to no longer play as defined in game rules or does not properly validate against the game's validation files.

"Natural person" means a human being, and not a corporation, company, partnership, association, trust, or other entity.

"Play" means one wager for a chance to win a prize. There may be multiple plays on a single ticket.

"Prize" means any cash or noncash award to a holder of a winning entry or play.

"Prize structure" means the number, value, and odds of winning prizes for a game and the prize tiers within a game and the chances of winning a prize in each tier in an individual game as determined by the agency and as specified in the game rules.

"Probability game" means a game in which all of the tickets sold are potentially winning tickets and the outcome of the game depends entirely upon the player's choice or choices during game play.

"Promotion" means an "added value" offer to consumers or licensed retailers sanctioned by the director or approved by the board when required.

"Roll stock" or "ticket stock" means the paper roll issued or approved for use by the agency from which a unique lottery ticket is generated displaying the selected items or numbers.

"Scratcher" means a ticket with a coating over the play area that, when scratched off, reveals instant game play results.

"Scratch game" means a game that, when played, reveals or informs the player immediately whether he has won (i) a prize, (ii) entry into a prize drawing, (iii) prize points, or (iv) any combination thereof as specified in game rules.

"Share" means a percentage of ownership in a winning ticket, play, or subscription plan.

"Terminal" means a device that is authorized by the agency to function in an interactive mode with the agency's computer gaming system or systems for the purpose of issuing tickets, plays, or an electronic facsimile thereof, and entering, receiving, and processing game-related transactions.

"Ticket number" means the preassigned unique number or combination of letters and numbers or barcode that identifies that particular ticket as one within a particular game or drawing.

"Validation" means the process of reviewing and certifying a lottery ticket to determine whether it is a winning ticket.

"Validation barcode" means the unique number or number-and-letter code or barcode used to determine whether a lottery ticket is a winning ticket.

"Winning ticket," "winning wager," or "winning play" means the ticket, wager, or play that meets the criteria and specific rules for winning prizes as published for each game by the director.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-20. Development of lottery games.

The director shall select, operate, and contract for the operation of lottery games that meet the general criteria set forth in this chapter and in applicable game rules.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

11VAC5-41-30. Prize structure.

The prize structure for each lottery game shall be approved in advance by the board and may be adjusted in accordance with policy adopted by the board.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-40. Chances of winning.

The director shall publicize the overall chances of winning a prize in each lottery game. The chances may be printed or may be in electronic form.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-50. Ticket price.

A. The sale price of a lottery ticket for each game will be determined by the board. The ticket price shall not operate to prevent the sale of more than one lottery play on a single ticket.

B. Retailers shall sell tickets at the prices fixed by the board.

C. This section shall not apply to the redemption of a winning ticket, the prize for which is one or more free tickets.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-60. Drawing and selling times.

A. Drawings shall be conducted at times and places designated by the director and publicly announced by the agency.

B. Retailers may sell tickets from new scratch games upon receipt of the tickets from the agency, but shall not sell tickets for a scratch game after the announced end of that game.

C. Retailers may sell computer-generated tickets up to a designated time prior to the drawing as specified in the computer-generated game rules. That time will be designated by the director.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-70. Terminal ticket cancellation.

A ticket may be canceled in accordance with the procedures contained in the rules for each game.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-80. Scratcher returns.

A. Ticket sales to retailers are final. The agency will not accept returned, unsold tickets for credit except as specifically authorized by and provided for in the agency's procedures.

B. Once tickets are accepted by a retailer, the agency:

1. May hold the retailer financially responsible for the replacement of mutilated, damaged, or otherwise unaccounted for tickets.

2. Will not be responsible for lost, stolen, destroyed, or otherwise unaccounted for tickets, unless specifically authorized and provided for in the agency's procedures.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-90. End of game; suspension.

Each lottery game will end on a date announced in advance by the director. The director may suspend or terminate any lottery game without advance notice if he finds that this action will best serve and protect the public interest.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

11VAC5-41-100. Validation requirements.

Prior to awarding a prize, the retailer or agency shall validate the ticket or play as set out in this chapter and in any other manner that the director may prescribe in the specific rules for the lottery game, which shall include but not be limited to the following:

1. If the game rules specify that the physical ticket must be presented for validation then:

a. The original ticket must be presented for validation;

b. The ticket shall not be mutilated, altered, or tampered with in any manner. If a ticket is partially mutilated or if the ticket is not intact and cannot be validated through normal procedures but can still be validated by other validation tests, the director may pay the prize for that ticket;

c. The ticket may not be misregistered or defectively printed to an extent that it cannot be processed by the department;

d. The ticket shall pass all other confidential security checks of the agency;

e. The ticket validation number shall be present in its entirety; and

f. The ticket shall not be counterfeited, forged, fraudulently made, or a duplicate of another winning ticket.

2. Where a winning ticket or play has been issued by a terminal:

a. The ticket or play shall have been issued by the agency or by a licensed lottery retailer in an authorized manner;

b. The terminal ticket or play shall not have been canceled or previously paid;

c. The terminal ticket or play shall be validated in accordance with procedures for claiming and paying prizes as set out in the game rules; and

d. The terminal ticket or play data shall have been recorded in the computer gaming system before the drawing or the instant game ticket sale, and the ticket data shall match this computer record in every respect.

3. If the game rules specify that a physical ticket, play, or record of play is not required for validation there may be other lottery requirements, as defined by the director, for winners to collect prizes.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-110. Use of playslips.

A. A playslip issued by the agency may be used to select a player's choice or choices to be played in an agency-authorized computer gaming system. If a playslip is used to select the player's choice or choices for use in a computer gaming system, the playslip selections shall be manually or electronically marked as authorized by the agency's game rules and not marked by any electro-mechanical, electronic printing, or other automated device, except for play utilizing materials or systems developed by the agency.

B. Any playslip marked by methods other than those authorized by this chapter is invalid and subject to seizure by the department if presented for play at any lottery terminal. Any tickets produced from the use of invalid playslips are also invalid and subject to seizure by the agency.

C. Nothing in this chapter shall be deemed to prevent a person with a physical handicap who is unable to mark a playslip manually from using any device intended to permit such person to make such a mark for his sole personal use or benefit.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-120. Replacement of ticket.

If a misprinted or otherwise defective ticket is purchased, the agency's only liability or responsibility shall be to replace the misprinted ticket with an unplayed ticket of equal price from the same or another current game or to refund the purchase price of the defective ticket.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-130. Computer-generated winning tickets.

A. When more than one ticket containing the winning numbers is issued for the same drawing of the same game, the holder of each ticket is entitled only to his share of the prize, regardless of whether the other holders of tickets with the winning numbers actually claim their share of the prize.

B. The agency shall not redeem prizes for tickets that would have been winning tickets but for the fact that they have been canceled by the retailer unless specifically authorized by the director.

C. When the agency's internal controls indicate that a winning ticket was issued but no claim is made for the prize, there shall be a rebuttable presumption that such ticket was in fact issued and the prize shall be paid in accordance with the provisions of § 58.1-4020 of the Code of Virginia and regulations of the agency.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-140. Where prizes claimed.

Winners may claim game prizes as specified in this chapter or in the game rules, including:

1. At agency headquarters;

2. At an agency customer service center;

3. From a cashing retailer;

4. By mail; or

5. At any other location specifically authorized by the agency.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-150. Retailers' prize payment procedures.

Procedures for prize payments by retailers are as follows:

1. Retailers may pay cash prizes in cash, by certified check, cashier's check, business check, money order, other cash equivalent or by any combination of these methods.

2. If a check for payment of a prize by a retailer to a claimant is denied for any reason, the retailer is subject to the same service charge, interest and penalty payments for referring a debt to the agency for collection that would apply if the check were made payable to the agency. A claimant whose prize check is denied shall notify the agency to obtain the prize.

3. During normal business hours of the lottery retailer with operational validation equipment by which the ticket claim can be validated, a lottery retailer shall pay any lottery prize of $600 or less, unless otherwise determined by the director, regardless of the location from which the winning ticket was purchased.

4. A prize claim shall be paid only at the location specified on the retailer's license or at a lottery office.

5. The agency will reimburse a retailer for all valid prizes paid by the retailer within the specified prize redemption period for the game from which the prize resulted.

6. In no case shall a retailer impose a fee, additional charge or discount for cashing a winning lottery game ticket.

7. Retailers who pay claims without validating the tickets do so at their own financial risk.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-160. No reimbursement for retailer errors.

Unless otherwise determined by the director, the agency shall not reimburse retailers for prize claims a retailer has paid in error or for which a retailer failed to properly and completely validate the lottery game tickets in accordance with agency procedures.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-170. When prize shall be claimed from the agency.

A. The agency will pay prizes in any of the following circumstances:

1. If a retailer cannot validate a claim that the retailer otherwise would pay, the ticket holder shall present the original signed ticket to any agency office including the agency's headquarters or mail the signed ticket to the agency's headquarters;

2. If a ticket holder is unable to return to any retailer to claim a prize that the retailer otherwise would pay, the ticket holder may present the original signed ticket at any agency office or mail the signed ticket to the agency's headquarters;

3. If the prize amount is more than $600, the ticket holder may present the original signed ticket at any agency office or mail the signed ticket to the agency headquarters; or

4. Where an electronic entry or an electronic record of a ticket is permitted, a presentation of a physical ticket may not be required to claim a prize.

B. The agency may require a claim form.

C. A player shall bear all risk of loss or damage by sending the ticket through the mail.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-180. Agency action on claims for prizes submitted to agency.

A. The agency shall validate the winning ticket claim according to procedures contained in this chapter.

B. If the claim cannot be validated, the agency will promptly notify the ticket holder.

C. If the claim is mailed to the agency and the agency validates the claim, a check for the prize amount, merchandise, or experiential prizes will be presented or mailed to the winner.

D. If an individual presents a claim to the agency in person and the agency validates the claim, a check for the prize amount, merchandise, or experiential prizes will be presented to the winner.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-190. Withholding, notification of prize payments.

A. When paying any prize in excess of $600, the agency shall:

1. File the appropriate income reporting forms with the Virginia Department of Taxation and the federal Internal Revenue Service; and

2. Withhold federal and state taxes from any winning ticket in accordance with the tax regulation in effect at the time.

B. Additionally, when paying any cash prize of $100 or more, the agency shall withhold any moneys due for delinquent debts as provided by the Commonwealth's Setoff Debt Collection Act, Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 of the Code of Virginia.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-200. Ticket is bearer instrument.

A ticket that has been legally issued by a licensed lottery retailer is a bearer instrument until the ticket has been signed. The person who signs the ticket or enters through an electronic validation process is considered the owner of the ticket.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-210. Payment made to bearer.

Payment of any prize will be made to the bearer of a validated winning ticket for that prize upon submission of one or more of the following, as required by the game rules:

1. The ticket.

2. Validation information.

3. Prize claim form, unless otherwise delayed in accordance with this chapter.

4. The bearer may be required to present proper identification.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-220. How prize claim entered.

A prize claim shall be entered in the name of a natural person as prescribed by § 58.1-4019 B of the Code of Virginia. In all cases, the identity and social security number of all natural persons who receive a prize or share of a prize greater than $100 from a winning ticket redeemed at any agency office shall be provided.

1. A nonresident alien shall furnish his Immigration and Naturalization Service (INS) Number.

2. Two or more natural persons claiming a single prize may file IRS Form 5754, "Statement by Person(s) Receiving Gambling Winnings," with the agency. This form designates to whom winnings are to be paid and the person or persons to whom winnings are taxable.

3. Two or more natural persons wishing to divide a jackpot prize shall complete an "Agreement to Share Ownership and Proceeds of Lottery Ticket" form. The filing of this form is an irrevocable election that may only be changed by an appropriate judicial order.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-230. Delay of payment allowed.

A. Subject to the provisions in § 58.1-4013 D of the Code of Virginia, the director may refrain from making payment of a prize pending a final determination by the director under any of the following circumstances:

1. If a dispute arises, or it appears that a dispute may arise, relative to any ownership of a winning ticket or any prize;

2. If there is any question regarding the identity of the claimant;

3. If there is any question regarding the validity of any ticket presented for payment;

4. If there is any question whether a claimant has made a valid cash option election; or

5. If the claim is subject to any set off for delinquent debts owed to any agency eligible to participate in the Setoff Debt Collection Act (Article 21 (§ 58.1-520 et seq.) of Chapter 3 of Title 58.1 of the Code of Virginia) if the agency has registered such debt with the Virginia Department of Taxation and timely notice of the debt has been furnished by the Virginia Department of Taxation to the department.

B. The director may, at any time, delay any periodic or installment payment in order to review a change in circumstance relative to the prize awarded, the payee, the claim, or any other matter that has been brought to the agency's attention. All delayed installments shall be brought up to date immediately upon the director's confirmation. Delayed installments shall continue to be paid according to the original payment schedule after the director's decision is given.

C. No liability for interest for any delay of any prize payment in accordance with subsections A and B of this section, or any delay beyond the agency's control, shall accrue to the benefit of the claimant pending payment of the claim. The agency is neither liable for nor has it any responsibility to resolve disputes between or among competing claimants.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-240. No accelerated payments.

Unless the cash option payment is selected by the player, or unless otherwise permitted by federal or state law, the director shall not accelerate payment of a prize for any reason.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

11VAC5-41-250. Using winners' names and information.

The agency can use a winner's name and the city, town, or county in which a winner lives, as well as the prizes won, for public information purposes and to foster the integrity of the games. The agency may require prize winners to participate in news conferences. The agency can use the winner's information described in this section and winner's photographs for public information or promotional purposes in mediums such as, but not limited to, the agency's website (www.valottery.com), social media, in-store, television, Internet, and radio. No consideration shall be paid by the agency for these purposes.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-260. (Repealed.)

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; repealed, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-270. When prize payable over time.

When a prize or share is to be paid over time, except for the first payment, the director may round the actual amount of the prize or share to the nearest $1,000 to facilitate purchase of an appropriate funding mechanism.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

11VAC5-41-280. When prize payable for "life."

If a prize is advertised as payable for the life of the winner, unless there is a cash option available selected by the winner or winners at the time a claim is made, the prize will be payable in installments, in accordance with the rules for the specific game, for the lifetime of the winner . When the prize is won by two or more persons on a single ticket, each winner's share of the prize shall expire upon his death, unless otherwise specified in the game rules.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012.

11VAC5-41-290. Liability ends with prize payment.

All liability of the Commonwealth, its officials, officers and employees, and of the agency, the board, the director and employees of the agency, terminates upon final payment of a lottery prize, or sooner if so provided in the game rules or these regulations.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-300. Marking tickets prohibited; exceptions.

Marking of tickets in any way is prohibited except by a player to play a game according to the rules of that specific game or to claim a prize or by the agency or a retailer to identify or to void the ticket.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-310. Lost, stolen, or destroyed tickets.

The agency is not liable for lost, stolen, or destroyed tickets. The director may honor a prize claim of an apparent winner who does not possess the original ticket if the claimant is in possession of information that demonstrates that the original ticket meets the following criteria and can be validated through other means. Such information may include, but is not limited to, the following:

1. The claim form, if required, and a photocopy of the ticket, or photocopy of the original claim form, if required, and ticket, are timely filed with the agency;

2. The prize for which the claim is filed is a winning prize that has not been claimed, as verified in the agency's records;

3. The claim is filed within the redemption period, as established by the game rules; and

4. Except in extenuating circumstances or for just cause as the director may deem appropriate, the redemption period for claims has expired.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014.

11VAC5-41-320. Unclaimed prizes.

A. Except for a free ticket prize, a claim for a lottery game winning ticket must be mailed in an envelope bearing a postmark of the United States Postal Service or another sovereign nation or received for payment as prescribed in this chapter within either 180 days after the date of the drawing for which the ticket was purchased, or of the event that caused the ticket to be a winning entry, or, in the case of a scratcher, within 180 days after the announced end of the game. In the event that the 180th day falls on a Saturday, Sunday, or legal holiday, the winning ticket will be accepted for validation on the next business day only at a lottery office.

B. Any lottery cash prize that remains unclaimed after either 180 days following the drawing that determined the prize or 180 days after the announced end of the scratch game shall revert to Virginia's Literary Fund. Cash prizes do not include free ticket prizes or other noncash prizes such as merchandise, vacations, admission to events and the like.

C. All claims for computer-generated game winning tickets for which the prize is a free ticket must be mailed in an envelope bearing a postmark of the United States Postal Service or another sovereign nation or received for redemption as prescribed in this chapter within 180 days after the date of the drawing for which the ticket was purchased. In the event the 180th day falls on a Saturday, Sunday, or legal holiday, a claimant may only redeem his winning ticket for a free ticket at a cashing retailer on or before the 180th day.

Except for claims for free ticket prizes mailed to lottery headquarters and postmarked on or before the 180th day, claims for such prizes will not be accepted at any lottery office after the 60th day. This section does not apply to the redemption of free tickets awarded through the subscription program.

D. Any scratch game winning ticket of $25 or less that has been purchased but not claimed within 180 days after the announced end of the scratch game shall revert to the Virginia Lottery Fund.

E. In case of a prize payable over time, if such prize is shared by two or more winning tickets, one or more of which is not presented to the agency for payment within the prize redemption period as established by the game rules, the agency will transfer that portion of the prize to Virginia's Literary Fund in accordance with procedures approved by the State Treasurer.

F. In accordance with the provisions of the Servicemembers Civil Relief Act of 1940 (50 USC App § 526), any person while in active military service may claim exemption from the 180-day ticket redemption requirement. Such person, however, must claim his winning ticket or share as soon as practicable, and in no event later than 180 days after discharge from active military service.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003; amended, Virginia Register Volume 28, Issue 26, eff. September 26, 2012; Volume 31, Issue 3, eff. November 5, 2014; Volume 32, Issue 3, eff. December 21, 2015.

11VAC5-41-330. Director may postpone drawing.

The director may postpone any drawing at any time and publicize the postponement if he finds that the postponement will best serve and protect the public interest.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

11VAC5-41-340. Director's decision final.

All decisions of the director regarding ticket validation shall be final.

Statutory Authority

§ 58.1-4007 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 15, eff. May 7, 2003.

Forms (11VAC5-41)

Split Ownership/Proceeds Verification Form (rev. 2/10).



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