3770:1-7-10 Ohio lottery commission game number ten.

(A) Title and term. Ohio Lottery Commission Game Number Ten ("Game No. 10") 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 on which such sales are terminated by the commission.

(B) General design.

(1) Game No. 10 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: $2, $5, $10, $100, $1,000 and $10,000. Each ticket in Game No. 10 shall be imprinted with six prize amounts. These prize amounts shall be concealed by an opaque covering which can be scraped off by the holder of the ticket to reveal the underlying prize amounts. Holders of valid tickets on which at least three of the prize amounts are the same shall win a prize award called a "regular prize" equal to such prize amount. 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 No. 10, beginning with the second week of such cycle, there shall be held a weekly drawing called a "weekly bonus drawing" in which prizes to be called "weekly bonus prizes" shall be awarded. A weekly bonus drawing shall be held in each week of a given sales cycle except the first week, 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 that sales cycle to exceed one for each 3,600,000 tickets sold in that sales cycle. Any holder of four valid tickets which are not winning tickets may become eligible to participate in a weekly bonus drawing. Any person may enter a given weekly bonus drawing an unlimited number of times, or may enter 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 No. 10, 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 $2, $5, or $10 may become eligible 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.

(C) Price of tickets. The price of a ticket issued by the commission in Game No. 10 shall be one dollar.

(D) Structure and size of prize disbursements.

(1) There shall be three types of prize awards in Game No. 10, called regular prizes, weekly bonus prizes, and grand drawing prizes, respectively.

(2) The only prize amounts which may appear on a ticket in this game are $2; $5; $10; $100; $1,000; and $10,000.

(a) The holder of a valid ticket having an occurrence of $2 in three separate boxes on the ticket shall win a regular prize of $2.

(b) The holder of a valid ticket having an occurrence of $5 in three separate boxes on the ticket shall win a regular prize of $5.

(c) The holder of a valid ticket having an occurrence of $10 in three separate boxes on the ticket shall win a regular prize of $10.

(d) The holder of a valid ticket having an occurrence of $100 in three separate boxes on the ticket shall win a regular prize of $100.

(e) The holder of a valid ticket having an occurrence of $1,000 in three separate boxes on the ticket shall win a regular prize of $1,000.

(f) The holder of a valid ticket having an occurrence of $10,000 in three separate boxes on the ticket shall win a regular prize of $10,000.

(g) If a ticket bears two sets of three prize amounts, only the higher prize amount will be won.

(3) Holders becoming eligible 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 $50,000; one prize of $10,000; one prize of $5,000; and thirty-seven prizes of $1,000.

(4) Holders becoming eligible 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 $1,000 per week until the winner's death, or until an aggregate amount of $1,000,000 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 $50,000; one prize of $25,000; seven prizes of $2,500; and 290 prizes of $100.

(E) Number of prize disbursements.

(1) The number of prize awards in any sales cycle of Game No. 10 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 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 480,000 tickets sold will be as follows:

(i) Five tickets winning prizes of $10,000;

(ii) Six tickets winning prizes of $1,000;

(iii) Thirty tickets winning prizes of $100;

(iv) 1,500 tickets winning prizes of $10;

(v) 5,040 tickets winning prizes of $5; and

(vi) 47,250 tickets winning prizes of $2.

(2) There shall be forty weekly bonus prize awards in each weekly bonus drawing held. In each such drawing, there shall be one prize of $50,000; one prize of $10,000; one prize of $5,000; and thirty-seven prizes of $1,000. The number of participants 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 entitle their holders to participate in such drawings. The weekly bonus prize awards in each weekly bonus prize drawing shall be announced on the date of such drawing.

(3) There shall be 300 grand drawing prize awards in the grand drawing. In this drawing, there shall be one prize of $1,000 per week for life, as described in paragraph (D)(4) above; one prize of $50,000; one prize of $25,000; seven prizes of $2,500; and 290 prizes of $100. The number of participants will depend upon the number of tickets sold and the number of valid tickets winning $2, $5 and $10 which are claimed, surrendered, received and validated in accordance with this rule so as to entitle their holders to participate in such drawing. The grand drawing prize awards 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 No. 10 shall be accomplished in a manner which complies with the commission's rules and procedures authorized thereunder.

(2) When a ticket issued in Game No. 10 is sold or deemed sold in accordance with these rules, and the covering material over the prize amounts has been removed, the holder shall be deemed to have drawn the prize amounts on that ticket which determine whether the holder is entitled to a regular prize award. All regular prize awards shall be deemed to be announced no later than the last date on which tickets are authorized to be sold in any given sales cycle of Game No. 10.

(3) There shall be one weekly bonus drawing during each week of a given sales cycle of Game No. 10; provided, that, over any such sales cycle, there shall be no more than one such drawing for approximately every 3,600,000 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 No. 10. 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) Prize drawings conducted by the commission in Game No. 10 shall be open to the public and, whenever practicable, persons eligible to win prizes in those 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 prize awards determined by the 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 drawing in Game No. 10, the director shall approve procedures and mechanisms for the selection of 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, and participation in, weekly bonus drawings and the grand drawing.

(2) Eligibility for 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 nonwinning 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 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 sales agents of redeemed tickets winning prizes of $2, $5 and $10; 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 $2, $5 or $10 must be claimed, redeemed and surrendered to sales agents, or lottery offices, and actually received at lottery headquarters, in order to cause their holders to become eligible 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 weekly bonus drawings, and surrendered to sales agents or otherwise transmitted to the lottery for entry into 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 or a free replacement ticket if ticket sales are still continuing in that sales cycle.

(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 No. 10 to be void if it is stolen, unissued, not sold or not deemed sold in accordance with commission rules; if illegible, mutilated, altered, counterfeit, misregistered, reconstituted, miscut, defective, printed or produced in error, or incomplete; if other than exactly one prize amount appears in each of the six spots on the ticket in grey ink; if a prize amount is inconsistent with its caption or the validation number under the "void if removed" spot; if any portion of the "void if removed" number is exposed; if the validation number of a ticket which appears to be a winning ticket is not on the official list in the correct pool of 480,000 tickets; 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 replacement or the refund of the retail sales price of the ticket.

(J) Director's conduct of Game No. 10.

(1) The director shall conduct Game No. 10 in a manner consistent with the Lottery Act, the rules of the commission, including without limitation, this rule 3770:1-7-10, 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 No. 10.

(2) Names and definitions of elements of Game No. 10 used in this rule are to be considered generic terms used solely for the purposes of this rule. In actual operation Game No. 10 and these elements may be given names or titles chosen by the commission.

Eff 3-23-77
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3770.03
Rule amplifies: RC 3770.01 to 3770.08