3770:1-9-104 Game number one hundred four.

(A) Title and term. Ohio lottery commission game number one hundred four, “Harley-Davidson®,” shall be conducted at such times and for such periods as the commission may determine. For the purpose of this rule, “sales cycle” shall mean any such period, including reprints, beginning on the date when ticket sales are commenced and continuing through the date established by the director as the date on which agents are to make their final settlement with respect to ticket allocated to them during the period in game number one hundred four.

(B) General design.

(1) Game number one hundred four is a key number match game with a bonus feature and is generally known as an “instant lottery.”

(2) Holders of valid tickets will remove the covering of the entire play area to reveal two “harley numbers,” ten “your numbers” and ten prize amounts or nine prize amounts and a prize symbol. If the player matches any one or more of “your number(s)” to either of the “Harley number(s),” the player wins the prize value shown below the matching “your number(s).” If the prize revealed below the matching “your number” is a “motorcycle” symbol, the player wins one of four 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycles. There are ten chances on each ticket to win either the cash or motorcycle prize awards. The player will then remove the covering over the “bonus” area for a chance to win a harley-davidson® merchandise prize. If the player reveals a “Money Clip” symbol, a “Playing Cards” symbol, a “Baseball Cap” symbol or a “T-Shirt” symbol in the “bonus” area, the player wins the Harley-Davidson® merchandise prize award shown and will also be eligible to be entered for a second chance drawing in which a fifth 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycle will be awarded. The second chance drawing procedures shall be established by the director.

(3) As used in this rule, “prize award” shall mean one of the following monetary amounts or Harley-Davidson® merchandise prizes which is the total of all winning prize values appearing on the ticket: Two dollars, four dollars, five dollars, ten dollars, fifteen dollars, twenty-five dollars, fifty dollars, one hundred dollars, one thousand dollars, ten thousand dollars, money clip, playing cards, baseball cap, t-shirt and 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycle. Each ticket in game number one hundred four shall be imprinted in such a way that prize awards from the set listed above may be won.

(C) Price of tickets. The price of a ticket issued by the commission in game number one hundred four shall be two dollars.

(D) Structure, nature and value of prize awards.

(1) There shall be one type of prize in game number one hundred four called a “regular prize award.”

(2) The only “prize values” which shall appear on a ticket in game number one hundred four are: One dollar, two dollars, four dollars, five dollars, ten dollars, fifteen dollars, twenty-five dollars, fifty dollars, one hundred dollars, ten thousand dollars, “Money Clip,” “Playing Cards,” “Baseball Cap,” “T-Shirt” and “Motorcycle.” Prize values shall be concealed by an opaque covering which may be scratched off by the holder of the ticket to reveal the underlying prize value.

(a) Holder of a valid winning ticket on which one dollar appears two times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of two dollars;

(b) Holder of a valid winning ticket on which two dollars appears below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of two dollars;

(c) Holder of a valid winning ticket on which two dollars appears two times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of four dollars;

(d) Holder of a valid winning ticket on which two dollars appears once and one dollar appears two times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of four dollars;

(e) Holder of a valid winning ticket on which one dollar appears four times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of four dollars;

(f) Holder of a valid winning ticket on which two dollars appears two times and one dollar appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of five dollars;

(g) Holder of a valid winning ticket on which four dollars appears once and one dollar appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of five dollars;

(h) Holder of a valid winning ticket on which five dollars appears below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of five dollars;

(i) Holder of a valid winning ticket on which one dollar appears five times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of five dollars;

(j) Holder of a valid winning ticket on which one dollar appears ten times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of ten dollars;

(k) Holder of a valid winning ticket on which five dollars appears two times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of ten dollars;

(l) Holder of a valid winning ticket on which five dollars appears once, two dollars appears two times and one dollar appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of ten dollars;

(m) Holder of a valid winning ticket on which two dollars appears three times and one dollar appears four times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of ten dollars;

(n) Holder of a valid winning ticket on which two dollars appears five times and five dollars appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifteen dollars;

(o) Holder of a valid winning ticket on which four dollars appears three times and one dollar appears three times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifteen dollars;

(p) Holder of a valid winning ticket on which two dollars appears five times and one dollar appears five times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifteen dollars;

(q) Holder of a valid winning ticket on which twenty-five dollars appears below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of twenty-five dollars;

(r) Holder of a valid winning ticket on which five dollars appears five times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of twenty-five dollars;

(s) Holder of a valid winning ticket on which five dollars appears three times and ten dollars appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of twenty-five dollars;

(t) Holder of a valid winning ticket on which two dollars appears five times and five dollars appears three times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of twenty-five dollars;

(u) Holder of a valid winning ticket on which fifty dollars appears below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of fifty dollars;

(v) Holder of a valid winning ticket on which five dollars appears eight times and ten dollars appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifty dollars;

(w) Holder of a valid winning ticket on which ten dollars appears four times and five dollars appears two times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifty dollars;

(x) Holder of a valid winning ticket on which fifteen dollars appear two times, two dollars appears five times and ten dollars appears once below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of fifty dollars;

(y) Holder of a valid winning ticket on which one hundred dollars appears once below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of one hundred dollars;

(z) Holder of a valid winning ticket on which twenty-five dollars appears once, fifteen dollars appears once, ten dollars appears four times and five dollars appears four times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of one hundred dollars;

(aa) Holder of a valid winning ticket on which one hundred dollars appears ten times below “your numbers” which match one or both of the “Harley numbers” shall win a regular prize award of one thousand dollars;

(bb) Holder of a valid winning ticket on which ten thousand dollars appears once below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of ten thousand dollars;

(cc) Holder of a valid winning ticket on which a “Motorcycle” symbol appears below one of “your numbers” which matches one of the “Harley numbers” shall win a regular prize award of a 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycle which the holder may redeem via the procedures displayed at any sales agent location;

(dd) Holder of a valid winning ticket on which a “Money Clip” symbol is revealed in the “bonus” area shall win a regular merchandise prize award of a Harley-Davidson® money clip, which the holder may redeem via the procedures displayed at any sales agent location;

(ee) Holder of a valid winning ticket on which a “Playing Cards” symbol is revealed in the “bonus” area shall win a regular merchandise prize award of a set of Harley-Davidson® playing cards, which the holder may redeem via the procedures displayed at any sales agent location;

(ff) Holder of a valid winning ticket on which a “Baseball Cap” symbol is revealed in the “bonus” area shall win a regular merchandise prize award of a Harley-Davidson® baseball cap, which the holder may redeem via the procedures displayed at any sales agent location; and

(gg) Holder of a valid winning ticket on which a “T-Shirt” symbol is revealed in the “bonus” area shall win a regular merchandise prize award of a Harley-Davidson® t-shirt, which the holder may redeem via the procedures displayed at any sales agent location.

(E) Number of prize awards. The number of prize awards in any sales cycle of game number one hundred four 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:

(1) Combinations winning each prize award are randomly distributed throughout all tickets printed in any given ticket issuance;

(2) Mathematical reasoning indicates that the number of winning tickets sold per five million tickets sold in the following categories will be as follows:

(a) Four tickets matching for a “motor cycle” symbol to win a 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycle;

(b) Five tickets matching for ten thousand dollars once to win ten thousand dollars; and

(c) Twenty tickets matching for one hundred dollars ten times to win one thousand dollars.

(3) Mathematical reasoning indicates that over a sufficiently large number of tickets sold, the average number of winning tickets per five hundred thousand tickets sold will be as follows:

(a) Ten tickets matching for twenty-five dollars once, fifteen dollars once, ten dollars four times and five dollars four times to win one hundred dollars;

(b) Ten tickets matching for one hundred dollars once to win one hundred dollars;

(c) Two hundred fifty tickets matching for fifteen dollars two times, two dollars five times and ten dollars once to win fifty dollars;

(d) Two hundred fifty tickets matching for ten dollars four times and five dollars two times to win fifty dollars;

(e) Two hundred fifty tickets matching for five dollars eight times and ten dollars once to win fifty dollars;

(f) Two hundred fifty tickets matching for fifty dollars once to win fifty dollars;

(g) One thousand tickets matching for two dollars five times and five dollars three times to win twenty-five dollars;

(h) One thousand tickets matching for five dollars three times and ten dollars once to win twenty-five dollars;

(i) One thousand fifty tickets matching for five dollars five times to win twenty-five dollars;

(j) One thousand eighty-eight tickets matching for twenty-five dollars once to win twenty-five dollars;

(k) One thousand five hundred tickets matching for two dollars five times and one dollar five times to win fifteen dollars;

(l) One thousand three hundred seventy-five tickets matching for four dollars three times and one dollar three times to win fifteen dollars;

(m) Two thousand one hundred twenty-five tickets matching for two dollars five times and five dollars once to win fifteen dollars;

(n) Two thousand one hundred twenty-five tickets matching for two dollars three times and one dollar four times to win ten dollars;

(o) One thousand eight hundred seventy-five tickets matching for five dollars once, two dollars two times and one dollar once to win ten dollars;

(p) One thousand eight hundred seventy-five tickets matching for five dollars two times to win ten dollars;

(q) Two thousand tickets matching for one dollar ten times to win ten dollars;

(r) Four thousand three hundred seventy-five tickets matching for one dollar five times to win five dollars;

(s) Four thousand two hundred fifty tickets matching for five dollars once to win five dollars;

(t) Three thousand two hundred fifty tickets matching for four dollars once and one dollar once to win five dollars;

(u) Four thousand three hundred seventy-five tickets matching for two dollars two times and one dollar once to win five dollars;

(v) Eight thousand eight hundred seventy-five tickets matching for one dollar four times to win four dollars;

(w) Nine thousand one hundred twenty-five tickets matching for two dollar once and one dollar two times to win four dollars;

(x) Seven thousand three hundred seventy-five tickets matching for two dollars two times to win four dollars;

(y) Thirty-two thousand five hundred tickets matching for two dollars once to win two dollars;

(z) Thirty-three thousand tickets matching for one dollar two times to win two dollars;

(aa) Six hundred eighty-two tickets revealing a “T-Shirt” symbol in the “bonus” area to win a Harley-Davidson® t-shirt;

(bb) Six hundred sixty tickets revealing a “Baseball Cap” symbol in the “bonus” area to win a Harley-Davidson® baseball cap;

(cc) One hundred ten tickets revealing a “Playing Cards” symbol in the “bonus” area to win a Harley-Davidson® set of playing cards; and

(dd) Five hundred fifty tickets revealing a “Money Clip” symbol in the “bonus” area to win a Harley-Davidson® money clip.

(F) Frequency of prize drawings.

(1) Random imprinting of prize awards on all tickets issued in game number one hundred four shall be accomplished in a manner which complies with the commission’s rules.

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

(3) The second chance drawing for the purpose of determining who shall win the fifth 2000 Harley-Davidson Sportster® 1200 Custom™ motorcycle, and any other drawings held in connection with game number one hundred four, shall comply with the rules and regulations of the commission governing “prize drawings” (see rule 3770:1-6-05

of the Administrative Code) and “special lottery drawings” (see rule 3770:1-6-06

of the Administrative Code). Such drawings shall be held on dates determined and announced by the director.

(G) Special claim, entry, receipt and validation procedures. The director shall establish special claim, entry, receipt and validation procedures, including procedures for validation by agents of tickets winning prizes which are to be paid by agents in accordance with commission rules. Prize awards shall be claimed within the time limits set forth by commission rules.

(H) Validity of tickets.

(1) A mechanical error in printing prize awards, symbols, words or other numbers 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 may be advised of correct information for the ticket. If it is not technically feasible to recover the information from a mechanically misprinted ticket, the director may declare the ticket void and the holder shall be entitled to a return of the ticket price or a replacement ticket of comparable 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 one hundred four void if it is stolen, unissued, deactivated, not sold or deemed not sold in accordance with commission rules; if it is illegible, mutilated, altered, counterfeit, misregistered, reconstituted, miscut, defective, printed, or produced in error or incomplete; or if the ticket fails any of the validation tests or procedures established by the director. The commission’s liability and responsibility for a ticket declared void, if any, is limited to refund of the retail sales price of the ticket or issuance of a replacement ticket of comparable price.

(I) Director’s conduct of game number one hundred four.

(1) The director shall conduct game number forty-one in a manner consistent with the lottery act, the rules of the commission, including without limitation, this rule and the regulations of the director. As deemed necessary or advisable, the director 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 forty-one.

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

HISTORY: Eff 4-28-00

Rule promulgated under: RC 111.15

Rule authorized by: RC Chapter 3770.03.

Rule amplifies: RC 3770.01 to 3770.08