3770:1-7-13 Ohio lottery commission game number thirteen.

(A) Title and term. Ohio lottery commission game number thirteen shall be conducted at such times and for such periods as the commission may determine. For the purposes of this rule, "sales cycle" shall mean any such period beginning on the date when ticket sales are commenced and continuing through the date established by the commission as the date on which agents are to make their final settlement in respect of tickets allocated to them during the period in game number thirteen.

(B) General design.

(1) Game number thirteen is a lottery game of the type generally known as an instant lottery.

(2) As used in this rule, "prize amount" shall mean one of the following monetary amounts: two dollars, five dollars, ten dollars, two hundred dollars, one thousand dollars, and ten thousand dollars. Each ticket in game number thirteen shall be imprinted with one prize amount. Each ticket shall also be imprinted with one two-digit number in the inclusive range of zero zero to thirty-five, which number shall be referred to herein as the "target number." Each ticket shall also be imprinted with four single-digit numbers from the set zero, two, three, four, five, six, seven, nine, some or all of which may be the same on any ticket, which shall be referred to herein as the "game numbers." The prize amount, target number and game numbers shall be concealed by an opaque covering which can be scraped off by the holder of the ticket to reveal the underlying prize amount or number. Holders of valid tickets on which the sum of the game numbers is greater than the target number shall win a prize award called a "regular prize" equal to the prize amount on the ticket. Such tickets shall be called "winning tickets."

(3) Subject to the limitations contained in paragraph (F)(3), during each week of any given sales cycle in game number thirteen beginning no later than the third week of such cycle, and after the end of such cycle, there shall be held weekly drawings called "weekly bonus drawings" in which prizes to be called "weekly bonus prizes" shall be awarded; one weekly bonus drawing shall be held for each week in a sales cycle, provided that no such drawing shall be held in any week in which the holding of such a drawing would cause the total number of such drawings held in connection with that sales cycle to exceed one for each two million five hundred thousand tickets sold in that sales cycle. Any holder of four valid tickets which are not winning tickets may become eligible to be selected to participate in a weekly bonus drawing. Any person may enter the process for the selection of participants in a given weekly bonus drawing an unlimited number of times, or may enter the process for the selection of participants in multiple weekly bonus drawings an unlimited number of times, provided that each such entry is based upon a distinct set of at least four nonwinning tickets. Each weekly bonus drawing shall have a prize structure, and shall be conducted, pursuant to the provisions of this rule. All persons seeking to become eligible, enter and participate in any of such drawings shall comply with the provisions of this rule, with the rules of the commission and the regulations of the director, and with the procedures and requirements to be established by the director pursuant to this rule relating to claim, entry, receipt and validation of tickets with respect to such drawings and to the conduct thereof.

(4) After any given sales cycle in game number thirteen, prizes called "grand drawing prizes" shall be awarded in a single drawing called a "grand drawing." All holders of valid winning tickets winning prizes of two dollars, five dollars, or ten dollars may become eligible to be selected to participate in the grand drawing by complying with the special claim, entry, receipt and validation requirements of this rule, and with all other applicable requirements of the rules of the commission, the regulations of the director, and the procedures established by the director pursuant hereto and thereto.

(C) Price of tickets. The price of a ticket issued by the commission in game number thirteen shall be one dollar.

(D) Structure and size of prize disbursements.

(1) There shall be three types of prize awards in game number thirteen, called regular prizes, weekly bonus prizes, and grand drawing prizes, respectively.

(2) The only prize amounts which shall appear on a ticket in this game are two dollars, five dollars, ten dollars, two hundred dollars, one thousand dollars, and ten thousand dollars. The holder of a valid ticket on which the sum of the game numbers is greater than the target number shall win the prize amount imprinted on the ticket.

(3) Eligible holders selected for a weekly bonus drawing shall be entitled to participate in that drawing. In each weekly bonus drawing, the following weekly bonus prizes shall be awarded: one prize of fifty thousand dollars; one prize of ten thousand dollars; one prize of five thousand dollars; and thirty-seven prizes of one thousand dollars.

(4) As nearly as practicable, one eligible holder shall be selected to participate in the grand drawing for every twenty-two thousand six hundred valid winning tickets winning two dollars, five dollars, or ten dollars received and entered in the grand drawing selection process. Eligible holders selected for the grand drawing shall be entitled to participate in such drawing, in which the following grand drawing prizes shall be awarded:

(a) One prize of one thousand dollars per week until the winner's death, or until an aggregate amount of one million dollars has been paid, whichever occurs later, provided, that, if the winning holder is other than an individual, this prize shall be measured by the life of the oldest principal of the winning holder on the date of the grand drawing; and

(b) One prize of fifty thousand dollars; one prize of twenty-five thousand dollars; seven prizes of five thousand dollars; and prizes of one hundred dollars to each of the remaining participants in the drawing.

(E) Number of prize disbursements.

(1) The number of prize awards in any sales cycle of game number thirteen will depend upon the number of tickets sold during that cycle. Tickets shall be printed in accordance with this rule using random techniques in order that:

(a) Combinations of game numbers and target numbers winning each prize amount are randomly distributed throughout all tickets printed in any given ticket issuance; and

(b) Mathematical reasoning indicates that over a sufficiently large number of tickets sold, the average number of winning tickets per one million tickets sold will be as follows:

(i) Ten tickets winning prizes of ten thousand dollars;

(ii) Ten tickets winning prizes of one thousand dollars;

(iii) Fifty tickets winning prizes of two hundred dollars;

(iv) Three thousand tickets winning prizes of ten dollars;

(v) Ten thousand tickets winning prizes of five dollars; and

(vi) One hundred thousand tickets winning prizes of two dollars.

(2) There shall be forty weekly bonus prizes in each weekly bonus drawing held. In each such drawing, there shall be one prize of fifty thousand dollars; one prize of ten thousand dollars; one prize of five thousand dollars; and thirty-seven prizes of one thousand dollars. The number of holders eligible to be selected to participate in the weekly bonus drawings will vary depending upon the number of tickets sold and the number of valid entries submitted in accordance with the special claim, entry, receipt and validation procedures of this rule so as to make their holders eligible to be selected to participate in such drawings. The weekly bonus prizes in each weekly bonus drawing shall be announced on the date of such drawing.

(3) The number of grand drawing prizes will depend on the number of eligible holders selected to participate in the grand drawing. In this drawing, there shall be one prize of one thousand dollars per week for life, as described in paragraph (D)(4)(a) above; one prize of fifty thousand dollars; one prize of twenty-five thousand dollars; seven prizes of five thousand dollars; and prizes of one hundred dollars to each of the remaining participants in the grand drawing. The number of holders eligible to be selected to be participants will depend upon the number of tickets sold and the number of valid tickets winning two dollars, five dollars, and ten dollars which are claimed, surrendered, received and validated in accordance with this rule so as to make their holders eligible to be selected to participate in such drawing; as nearly as practicable, one eligible holder shall be selected to participate in the grand drawing for each twenty-two thousand six hundred of such tickets. The grand drawing prizes in the grand drawing shall be announced on the date of such drawing.

(F) Frequency of prize drawings.

(1) The random imprinting of prize amounts on all tickets issued in game number thirteen shall be accomplished in a manner which complies with the commission's rules and procedures authorized thereunder.

(2) When a ticket issued in game number thirteen is sold or deemed sold in accordance with these rules, and the covering material over any of the game numbers, the target number or the prize amount has been removed, the holder shall be deemed to have drawn the numbers and the prize amount on that ticket which determine whether the holder is entitled to a regular prize. All regular prizes shall be deemed to be announced no later than the last day of the sales cycle of game number thirteen in which the ticket was sold.

(3) There shall be one weekly bonus drawing during each week of a given sales cycle of game number thirteen beginning no later than the third week and such drawings as necessary after the end of the sales cycle in order to have one such drawing for each week of the sales cycle; provided, that, in connection with any sales cycle, there shall be no more than one such drawing for approximately every two million five hundred thousand tickets issued and sold in that sales cycle of the game. The final such drawing shall be held on a date to be determined and announced by the director, which date shall not be less than two weeks after the date established by the commission as the end of the sales cycle.

(4) One grand drawing shall be held after each sales cycle of game number thirteen. The grand drawing shall be held on a date to be determined and announced by the director, which date shall be a reasonable period of time after the date established by the commission as the end of the sales cycle.

(G) Manner of prize drawings.

(1) The selection of persons eligible to participate in prize drawings, and the prize drawings, in game number thirteen shall be open to the public and, whenever practicable, persons eligible to win prizes in such drawings shall be encouraged to attend and participate. Drawings may be held at the commission's headquarters, at its regional offices or at any other place or places in the state. The director shall inform the public as to the time and place of each drawing.

(2) Subject to compliance with authorized claim and validation procedures, all holders of valid tickets are entitled to win the regular prizes determined by the game numbers, target numbers and prize amounts imprinted on those tickets.

(3) Subject to compliance with authorized entry, claim, receipt and validation procedures, all holders of valid tickets who become eligible for a weekly bonus drawing shall be entitled to participate in that drawing.

(4) Subject to compliance with authorized entry, claim, receipt and validation procedures, all holders of valid tickets who become eligible for the grand drawing shall be entitled to participate in the grand drawing.

(5) For every participant selection and drawing in game number thirteen, the director shall approve procedures and mechanisms for the selection of drawing participants, numbers and winners, and the awarding of prizes, in order that, insofar as is possible, random selection will be achieved.

(H) Special claim, entry, receipt and validation procedures.

(1) The director shall establish special entry, claim, receipt and validation procedures governing eligibility for selection for, and for participation in, weekly bonus drawings and the grand drawing.

(2) Eligibility for selection for, and for participation in, weekly bonus drawings is expressly conditioned on compliance with the provisions of this rule and the procedures of the director authorized hereunder. The director's procedures governing the weekly bonus drawing shall provide, without limitation, procedures for the submission to the lottery of each entry of at least four valid non-winning tickets; procedures for the identification of the holder of such tickets; procedures for deadlines by which such entries must be received to be eligible for given weekly bonus drawings; procedures for any necessary special validation; and procedures governing all other matters which he may deem necessary or advisable consistent with the provisions of these rules.

(3) Eligibility for selection for, and for participation in, the grand drawing is expressly conditioned on compliance with the provisions of this rule and the procedures of the director authorized hereunder. The director's procedures governing the grand drawing shall provide, without limitation, procedures for the transmittal to the state lottery by agents of redeemed tickets winning prizes of two dollars, five dollars, and ten dollars; procedures for the claim and surrender of such tickets at lottery offices; procedures for any necessary special validation; procedures to establish and announce deadlines at reasonable times after the date established by the commission as the end of any given sales cycle by which tickets winning prizes of two dollars, five dollars, or ten dollars must be claimed, redeemed and surrendered to agents, or lottery offices, and actually received at lottery headquarters, in order to cause their holders to become eligible for selection for the grand drawing; procedures for the identification of the holders of such tickets; and procedures as to all other matters which the director may deem necessary or advisable consistent with these rules.

(4) As to tickets transmitted by any means for entry into the selection procedures for the weekly bonus drawings, and surrendered to sales agents or otherwise transmitted to the lottery for entry into the selection procedures for the grand drawing, all risk of loss in transit arising from any source shall be borne by the holder of such tickets, regardless of any negligence, misfeasance or nonfeasance on the part of any lottery sales agent or any bank providing safekeeping and depository services to the lottery, or by any lottery employee. The commission shall have no responsibility or liability as to any such tickets lost or damaged in transit or otherwise not actually received at lottery headquarters in Cleveland. All such tickets must pass all validation tests before their holder may become eligible for a weekly bonus drawing or the grand drawing.

(I) Validity of tickets.

(1) A mechanical error in printing the prize amounts on a ticket shall not automatically invalidate that ticket. To the extent feasible, the director shall establish procedures by which the holder of any ticket on which information is incorrectly printed due to mechanical malfunction can be advised of the correct information for the ticket. If it is not technically feasible to recover the information from a mechanically misprinted ticket, and it is possible that the ticket was a winning ticket, the director may declare the ticket void and the holder shall be entitled to a return of the ticket price.

(2) In addition to, but not in limitation of, all other power and authority conferred on the director by the commission's rules, the director may declare a ticket in game number thirteen to be void if it is stolen, unissued, not sold or not deemed sold in accordance with commission rules; if it is illegible, mutilated, altered, counterfeit, misregistered, reconstituted, miscut, defective, printed or produced in error, or incomplete; if other than exactly one number or prize amount appears in each of the six locations on the ticket in grey ink; or if the ticket fails any of the validation tests or procedures established by the director pursuant hereto. The commission's liability and responsibility for a ticket declared void, if any, is limited to the refund of the retail sales price of the ticket.

(J) Director's conduct of game number thirteen.

(1) The director shall conduct game number thirteen in a manner consistent with the Lottery Act, the rules of the commission, including without limitation, this rule, 3770:1-7-13 of the Administrative Code, and the regulations of the director. As he deems it necessary or advisable, he shall adopt management regulations, orders or directives to implement and operate this lottery game. The director shall inform the public of the provisions of this rule, and the procedures established pursuant hereto, which affect the play of game number thirteen.

(2) Names and definitions of elements of game number thirteen used in this rule are to be considered generic terms used solely for the purposes of this rule. In actual operation game number thirteen and these elements may be given names or titles chosen by the commission.

Replaces rule 3770:1-7-13; Eff (Amended) 9-9-77; 12-2-77
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3770.03
Rule amplifies: RC 3770.01 to 3770.08