3770:1-9-942 Game rule nine hundred forty-two.

(A) Title and term. Game number nine hundred forty-two is the Ohio-adopted modified version of the "Powerball" game for "Powerball" draws beginning January 22, 2014. Game number nine hundred forty-two shall be conducted at such times and for such periods as the director may determine. For the purpose 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 Ohio lottery commission executive director as the date on which sales agents are to make final settlement with respect to such period.

(B) General Design.

(1) "Powerball" is a statewide joint lottery game that is based on an agreement for the sale of "Powerball" by participating party lotteries.

(2) As used in this rule, "Powerball" shall hereinafter be referred to as "game number nine hundred forty-two" as it applies to statewide ticket sales in Ohio conducted by the Ohio lottery commission for draws beginning January 22, 2014.

(3) As used in this rule, "MUSL" shall mean the multi-state lottery association.

(4) As used in this rule, "panel or play area" shall mean the area of an official "Powerball" ticket which sets forth a player's selection and is identified by the following two fields of play: one field of five numbers consisting of one or two digits that were selected by the player or through the gaming system through the auto pick feature, and second field of one number consisting of one or two digits selected by the player or through the gaming system through the auto pick feature. Up to ten such panels or play areas may appear on any one ticket in game number nine hundred forty-two. The director may change the number of panels or play areas appearing on any one ticket in game number nine hundred forty-two. Each panel shall constitute a separate wager.

(5) As used in this rule, "party lottery" or "party lotteries" shall mean the lottery or lotteries established and operated pursuant to the laws of the jurisdictions participating in "Powerball" including but not limited to members and licensees of MUSL who are participating in "Powerball."

(6) As used in this rule, "Ohio lottery" shall mean the Ohio lottery commission.

(7) As used in this rule, "directors" shall mean the chief officers of the party lotteries or any other persons to whom a chief officer's or a group of chief officers' authority is lawfully delegated.

(8) As used in this rule, "director" shall mean the executive director of the Ohio lottery commission.

(9) As used in this rule, "set prize" means all other prizes except the grand prize that are advertised to be paid by a single cash payment and, except as otherwise provided or authorized herein, will be equal to the prize amount established by applicable procedures.

(10) As used in this rule, "subscription play" is only valid when registered with a party lottery in accordance with the rules and procedures of a party lottery who has authorized sales through subscription and the person or, if permitted by the party lottery's rules, the persons registering the play shall be the owner of the subscription play. A receipt for a subscription play has no value and is not evidence of a play.

(11) As used in this rule, "applicable procedures" shall mean procedures, rules and/or agreements relating to or associated with "Powerball," as designated or agreed to by the director for the operation of game number nine hundred forty-two.

(12) Game number nine hundred forty-two is not required to be amended when a party lottery is added or removed from participating, unless the addition or removal of a party lottery shall substantively change the game matrix, play style or the method of prize payments in game nine hundred forty-two. Nothing contained herein shall be deemed to be a prohibition against amendments to game number nine hundred forty-two, as determined by the director to be appropriate or necessary.

(13) Each ticket in game number nine hundred forty-two shall be imprinted with one set of five unique numbers from a set of numbers, one through fifty-nine inclusively ("field one"), and one unique number from a second set of numbers, one through thirty-five, inclusively ("field two"), as determined by choice of the ticket purchaser or the auto pick feature on the gaming system, and recorded on the ticket at the time of the purchase. Players may use a bet card to have the auto pick feature select their numbers in either field one, field two or both fields. Bet cards are available at no cost to the player and shall have no pecuniary or prize value, nor shall a bet card constitute evidence of purchase or number selection. When a player verbally places a "Powerball" wager, the player must either manually select the numbers from both fields or request usage of the auto pick feature to select numbers from both fields. A player may also place a wager through other means that are approved by the director. A ticket may contain one or more panels as described in paragraph (B)(4) of this rule.

(14) As used in this rule, game number nine hundred forty-two winning numbers shall be randomly selected during each official "Powerball" drawing, and shall consist of five numbers selected from a field of numbers one through fifty-nine inclusively, and one number selected from a second field of numbers one through thirty-five inclusively. Holders of valid winning tickets for a given drawing bearing the numbers drawn in that drawing, in whole or in part, and excluding the "Power Play" option shall be entitled to the regular prize award in accordance with the applicable section(s) of this rule. In addition, as set forth in this rule or as approved by the director, with each official "Powerball" drawing, a single "Power Play" number shall be randomly selected.

(C) Price of tickets. The price of a "Powerball" wager in game number nine hundred forty-two shall be two dollars. The player may purchase up to the number of wagers per ticket, or multiples thereof, as designated by the director if a multi-draw wager is requested at the player's discretion in accordance with the number of panels and inclusive drawings. The cost of every two dollar wager will be increased by one dollar if a player purchases the "Power Play" option.

(D) Structure, nature and value of prize awards. Except as otherwise provided or authorized herein, all prize awards for prizes described in paragraphs (D)(1) to (D)(8) of this rule shall be set as set prizes. The grand prize described in paragraph (D)(9) of this rule shall be paid on a pari-mutuel basis. Except as otherwise determined in accordance with applicable procedures, no advertised grand prize jackpot is a guaranteed amount. In the event that an advertised grand prize jackpot is determined in accordance with applicable procedures to be a guaranteed amount, funding and payment of such guaranteed grand prize jackpot amounts shall be in accordance with applicable procedures. Except as otherwise provided or authorized herein, based upon the numbers drawn in each regular drawing for game nine hundred forty-two, prizes shall be awarded to holders of valid winning tickets for that drawing as follows:

(1) For each ticket bearing a selection which matches none of the five numbers drawn for field one, and matching the one number for field two, the player shall be entitled to a regular prize award of four dollars.

(2) For each ticket bearing a selection which matches one of the five numbers drawn for field one, and matching the one number for field two, the player shall be entitled to a regular prize award of four dollars.

(3) For each ticket bearing a selection which matches two of the five numbers drawn for field one, and matching the one number for field two, the player shall be entitled to a regular prize award of seven dollars.

(4) For each ticket bearing a selection which matches three of the five numbers drawn for field one, and no matching number for field two, the player shall be entitled to a regular prize award of seven dollars.

(5) For each ticket bearing a selection which matches three of the five numbers drawn for field one, and matching the one number for field two, the player shall be entitled to a regular prize award of one hundred dollars.

(6) For each ticket bearing a selection which matches four of the five numbers drawn for field one, and no matching number for field two, the player shall be entitled to a regular prize award of one hundred dollars.

(7) For each ticket bearing a selection which matches four of the five numbers drawn for field one, and matching the one number for field two, the player shall be entitled to a regular prize award of ten thousand dollars.

(8) For each ticket bearing a selection which matches five of the five numbers drawn for field one, and no matching number for field two, the player shall be entitled to a regular prize award of one million dollars.

(9) For each ticket bearing a selection which matches five of the five numbers drawn for field one, and matching the one number for field two, the player shall win the grand prize jackpot award which shall be divided equally among the winning selections if there is more than one winning selection. The grand prize jackpot shall be determined on a pari-mutuel basis and shall be equal to the amount designated in accordance with applicable procedures.

(10) In the event that there are no winning tickets for the grand prize jackpot described in paragraph (D)(9) of this rule for a drawing, except as otherwise approved in accordance with applicable procedures, the designated grand prize jackpot amount from that drawing shall be carried forward into the grand prize jackpot for the next consecutive drawing.

(11) If the total prize liability for the prize levels set forth in paragraphs (D)(1) to (D)(8) of this rule exceeds the liability cap designated in accordance with applicable procedures, then that liability cap may be enforced for the payment of the prize awards set forth in paragraphs (D)(1) to (D)(8) of this rule. In the event the prize liability is exceeded, then the prizes set forth in paragraphs (D)(1) to (D)(8) of this rule may be paid on a pari-mutuel basis, or in another manner as determined by the director, rather than a set prize basis, provided, however, that in no event shall the pari-mutuel prizes or other prizes awarded be greater than the applicable set prizes. In the event that the liability cap is exceeded and prizes are paid on a pari-mutuel basis, the amounts to be used for allocation of such pari-mutuel prizes, or other prizes awarded, for each prize level shall be determined in accordance with applicable procedures. If the liability cap is exceeded for a particular drawing, the director shall make the liability cap publicly available by means that the directors deems appropriate.

(12) In a single game number nine hundred forty-two drawing, a claimant may win in only one prize category per wager as a result of processing winning numbers selected in either one or both of the fields of play, and shall be entitled to only the highest prize level won.

(13) Annuitized payments of the grand prize jackpot or a share of the grand prize jackpot may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized grand prize win shall be added to the first cash payment to the winner or winners. Prizes other than the grand prize jackpot which, in accordance with applicable procedures, become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be handled in accordance with applicable procedures.

(14) Subject to the laws and regulations governing each party lottery, the number of prize categories and the allocation of the prize fund among the prize categories may be changed at the discretion of the directors.

(E) "Power Play." Powerball "Power Play" is an addition to the "Powerball" game and, if approved by the director, shall be conducted in accordance with the "Powerball" game rules and other applicable procedures. Provided that the director approves "Power Play," as used in this rule, "Power Play" is an available feature of game rule number nine hundred forty-two, and a ticket purchaser shall have the option to play the "Power Play" option as an addition to the "Powerball" ticket purchased, except that "Power Play" shall not apply to "Powerball" jackpot prizes. A single "Power Play" number shall be randomly selected from one of the following ten numbers: five, four, three, three, three, two, two, two, two and two. If the "Power Play" option is chosen by the purchaser, the cost for every two dollar wager will be increased by one dollar, and the words "Power Play YES" will be printed on the player's ticket. If the "Power Play" option is not chosen, the words "Power Play NO" will be printed on a player's ticket. As approved by the director, promotional "Power Play" numbers other than two, three, four or five including but not limited to numbers higher than five may be used, and a higher promotional prize amount may be set by the director for tickets bearing a selection that matches five of five numbers drawn for field one, and no matching number for field two. The promotional prizes shall be multiplied by the "Power Play" number drawn for that respective drawing, except that the "Power Play" feature shall not apply to "Powerball" grand prizes. Except as otherwise provided or authorized herein, instead of prizes set forth under paragraphs (D)(1) to (D)(8) of this rule, prizes awarded to holders of valid winning tickets for a given drawing bearing the numbers drawn in that drawing, in whole or in part, and including the purchase of the "Power Play" option shall be as follows in paragraphs (E)(1) to (E)(8) and shall be paid as cash prizes. In the event that a higher promotional prize is designated by the director in accordance with applicable procedures, prizes awarded in connection with any such promotion shall be paid in accordance with applicable procedures for that promotion. In certain instances, the "Powerball" set prizes may be less than the amounts set forth in paragraphs (D)(1) to (D)(8) of this rule. In such an event, the "Power Play" prizes set forth in paragraphs (E)(1) to (E)(7) of this rule may be adjusted by the director in accordance with applicable procedures and the "Power Play" prize set forth in paragraph (E)(8) may be in an amount determined after the draw, rather than the prizes set forth in paragraphs (E)(1) to (E)(8) of this rule.

(1) For each ticket bearing a selection which matches none of the five numbers drawn for field one, and matching the one number for field two, and in the event that the player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is two, the regular prize award of four dollars shall be multiplied by two and the player shall be entitled to a total prize award of eight dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of four dollars shall be multiplied by three and the player shall be entitled to a total prize award of twelve dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of four dollars shall be multiplied by four and the player shall be entitled to a total prize award of sixteen dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of four dollars shall be multiplied by five and the player shall be entitled to a total prize award of twenty dollars.

(2) For each ticket bearing a selection which matches one of the five numbers drawn for field one, and matching the one number for field two, and in the event that the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of four dollars shall be multiplied by two and the player shall be entitled to a total prize award of eight dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of four dollars shall be multiplied by three and the player shall be entitled to a total prize award of twelve dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of four dollars shall be multiplied by four and the player shall be entitled to a total prize award of sixteen dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of four dollars shall be multiplied by five and the player shall be entitled to a total prize award of twenty dollars.

(3) For each ticket bearing a selection which matches two of the five numbers drawn for field one, and matching the one number for field two, and in the event the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of seven dollars shall be multiplied by two and the player shall be entitled to a total prize award of fourteen dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of seven dollars shall be multiplied by three and the player shall be entitled to a total prize award of twenty-one dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of seven dollars shall be multiplied by four and the player shall be entitled to a total prize award of twenty-eight dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of seven dollars shall be multiplied by five and the player shall be entitled to a total prize award of thirty-five dollars.

(4) For each ticket bearing a selection which matches three of the five numbers drawn for field one, and no matching number for field two, and in the event the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of seven dollars shall be multiplied by two and the player shall be entitled to a total prize award of fourteen dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of seven dollars shall be multiplied by three and the player shall be entitled to a total prize award of twenty-one dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of seven dollars shall be multiplied by four and the player shall be entitled to a total prize award of twenty-eight dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of seven dollars shall be multiplied by five and the player shall be entitled to a total prize award of thirty-five dollars.

(5) For each ticket bearing a selection which matches three of the five numbers drawn for field one, and matching the one number for field two, and in the event the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of one hundred dollars dollars shall be multiplied by two and the player shall be entitled to a total prize award of two hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of one hundred dollars shall be multiplied by three and the player shall be entitled to a total prize award of three hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of one hundred dollars shall be multiplied by four and the player shall be entitled to a total prize award of four hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of one hundred dollars shall be multiplied by five and the player shall be entitled to a total prize award of five hundred dollars.

(6) For each ticket bearing a selection which matches four of the five numbers drawn for field one, and no matching number for field two, and in the event the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of one hundred dollars dollars shall be multiplied by two and the player shall be entitled to a total prize award of two hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of one hundred dollars shall be multiplied by three and the player shall be entitled to a total prize award of three hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of one hundred dollars shall be multiplied by four and the player shall be entitled to a total prize award of four hundred dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of one hundred dollars shall be multiplied by five and the player shall be entitled to a total prize award of five hundred dollars.

(7) For each ticket bearing a selection which matches four of the five numbers drawn for field one, and matching the one number for field two, and in the event the player has purchased the "Power Play" option and the "Power Play" number selected for that respected drawing is two, the regular prize award of ten thousand dollars shall be multiplied by two and the player shall be entitled to a total prize award of twenty thousand dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is three, the regular prize award of ten thousand dollars shall be multiplied by three and the player shall be entitled to a total prize award of thirty thousand dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is four, the regular prize award of ten thousand dollars shall be multiplied by four and the player shall be entitled to a total prize award of forty thousand dollars. In the event that a player has purchased the "Power Play" option and the "Power Play" number selected for that respective drawing is five, the regular prize award of ten thousand dollars shall be multiplied by five and the player shall be entitled to a total prize award of fifty thousand dollars.

(8) For each ticket bearing a selection which matches five of the five numbers drawn for field one, and no matching number for field two, and in the event that a player has purchased the "Power Play" option, regardless of the "Power Play" number selected, the player shall be entitled to a prize award of two million dollars.

(9) If the total prize liability for the prize levels set forth in paragraphs (E)(1) to (E)(8) of this rule exceeds a liability cap designated in accordance with applicable procedures, then that liability cap may be enforced for the payment of the prize awards set forth in paragraphs (E)(1) to (E)(8) of this rule. In the event the prize liability is exceeded, then the prizes set forth in paragraphs (E)(1) to (E)(8) of this rule may be paid on a pari-mutuel basis, or in another manner as determined by the director, rather than a set prize basis, provided, however, that in no event shall the pari-mutuel prizes or other prizes awarded be greater than the applicable set prizes. In the event that the liability cap is exceeded and prizes are paid on a pari-mutuel basis, the amounts to be used for allocation of such pari-mutuel prizes, or other prizes awarded, for each prize level shall be determined in accordance with applicable procedures. If the liability cap is exceeded for a particular drawing, the director shall make the liability cap publicly available by means that the directors deems appropriate.

(10) In a single game number nine hundred forty-two drawing, a claimant may win in only one prize category per wager as a result of processing winning numbers selected in either one or both of the fields of play, and shall be entitled to only the highest prize level won.

(11) Prizes other than the grand prize jackpot, which, in accordance with applicable procedures, become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be handled in accordance with applicable procedures.

(12) Subject to the laws and regulations governing each party lottery, the number of prize categories and the allocation of the prize fund among the prize categories may be changed at the discretion of the directors.

(F) Frequency and location of prize drawings. Drawings shall be held at such times and places determined by the directors.

(G) Manner of prize drawings.

(1) Prize drawings shall be open to the public and may be held at such places and times in any party lottery jurisdiction that the directors determine. The public shall be informed as to the time and place of each prize drawing.

(2) Holders of valid tickets for a given drawing are eligible to win in that drawing.

(3) All drawings conducted in association with "Powerball" will be conducted randomly in accordance with applicable procedures and with drawing devices for the selection of winning numbers approved in accordance with applicable procedures.

(H) Validity of tickets.

(1) It shall be the sole responsibility of each purchaser of a ticket in game number nine hundred forty-two to verify the accuracy of the game play or plays and other data printed on the ticket. The Ohio lottery commission shall be free from any liability in connection with this paragraph.

(2) Each ticket issued in game number nine hundred forty-two shall have imprinted thereon at the time of purchase a control number, bar code data, or both, supplied by the Ohio lottery commission. No prize shall be paid by the Ohio lottery commission for any tickets without such control number or bar code data. A valid winning ticket bearing matching player number selections or gaming system generated number selections and also containing a control number, bar code data, or both, supplied by the Ohio lottery commission, shall serve as the only valid proof of the wager placed and the only valid receipt for claiming or redeeming any prize in game number nine hundred forty-two.

(3) As applicable to this rule, any and all game tickets may not be canceled. This shall not prohibit the director, at the director's discretion, from compensating a retailer for a returned ticket, which is not eligible to win a prize at the time it is returned to the Ohio lottery commission, except that tickets stolen by a retailer's employee or agent cannot be accepted as a returned ticket. Any ticket that is accepted by the director as a returned ticket is for Ohio lottery commission auditing purposes only and shall have no effect on the outcome of the drawing for which they were issued or reduce the Ohio lottery commission's required contribution to the jackpot prize pool.

(4) In addition to all other validation conditions contained in this rule, valid winning game number nine hundred forty-two tickets must meet the following conditions:

(a) Validation data must be present in its entirety and must correspond, using the computer validation file, to the number selections printed on the ticket for the drawing date(s) printed on the ticket;

(b) The ticket must be intact;

(c) The ticket must not be mutilated, altered, reconstituted, or tampered with in any manner;

(d) The ticket must not be counterfeit or an exact duplicate of another winning ticket;

(e) The ticket must have been issued by an authorized Ohio lottery commission sales location authorized to sell tickets for game number nine hundred forty-two on official paper stock of the Ohio lottery commission;

(f) The ticket must not have been stolen;

(g) The ticket must be submitted for payment in accordance with the Ohio lottery commission's validation and claiming procedures;

(h) The ticket data must have been recorded on the gaming system prior to the drawing and the ticket data must match this computer record in every respect (in the event of contradiction between the information as printed on the ticket and as accepted by the gaming system, the wager accepted by the gaming system shall be the valid wager);

(i) The player selected or gaming system selected number selections, validation data and the drawing date(s) of an apparent winning ticket must appear on the official file of winning tickets, and a ticket with the exact data must not have been previously paid;

(j) The ticket must not be misregistered, defectively printed or printed or produced in error to an extent that it cannot be processed by the Ohio lottery commission;

(k) The ticket must pass all other confidential security checks of the Ohio lottery commission;

(l) In submitting an official game number nine hundred forty-two ticket for validation, the claimant agrees to abide by all applicable laws, all rules and regulations of the Ohio lottery commission, all applicable procedures and any instructions, conditions and final decisions of the Ohio director;

(m) There must not be any breach of the rules or applicable procedures established for "Powerball" which, in the opinion of the Ohio director, justifies disqualification;

(n) To be eligible for payment for a winning ticket sold in Ohio, all winning tickets must be presented for payment to the Ohio lottery within the claiming period established by the Ohio lottery. To be eligible for payment of a winning ticket sold in a party lottery other than the Ohio lottery, all winning tickets must be presented for payment to the party lottery which issued it within the claiming period as established by that party lottery. If no such claim period has been established, all grand prize claims shall be made within one hundred eighty days after the drawing date; and

(o) All winning tickets in game number nine hundred forty-two are subject to validation by the gaming system under applicable procedures and are subject to all other required validation processes and requirements before the payment of any prize.

(5) An official game number nine hundred forty-two ticket submitted for validation which fails any of the validation conditions established in this rule shall be considered void subject to the following determination:

(a) In all cases of doubt, the determination of the director shall be final and binding. However, the director, at the director's option, may replace an invalid ticket with an official game number nine hundred forty-two ticket of equivalent sales price or a refund of the purchase price;

(b) In the event a defective ticket is purchased or in the event that the director determines to adjust an error, the sole and exclusive remedy shall be the replacement of such defective or erroneous ticket(s) with an official game number nine hundred forty-two ticket of equivalent sales price or a refund of the purchase price; and

(c) In the event an official game number nine hundred forty-two ticket is not paid by the Ohio lottery commission, and a dispute occurs as to whether the ticket is a valid winning ticket, the Ohio lottery commission may, at its option, replace the ticket or provide a refund of the purchase price.

(6) The Ohio lottery commission shall not be responsible for lost or stolen game number nine hundred forty-two tickets.

(7) The Ohio lottery commission shall not be responsible to any claimant and sales agent for game number nine hundred forty-two tickets redeemed in error by an Ohio lottery commission sales agent.

(8) Valid prize winners are determined by the numbers drawn and not the numbers reported. The Ohio lottery commission shall not be responsible for game number nine hundred forty-two winning numbers reported in error.

(9) In purchasing a ticket in game number nine hundred forty-two, the player agrees to comply with and be bound by all applicable statutes, administrative rules, and procedures of the Ohio lottery commission, and understands that unless designated or agreed to by the director, directives and determinations of the other party lotteries do not apply to game number nine hundred forty-two purchases in Ohio. The player agrees, as its sole and exclusive remedy, that claims arising out of any "Powerball" ticket purchase can only be pursued against the state or jurisdiction of ticket purchase. Therefore, litigation, if any, may only be maintained against the Ohio lottery commission in the appropriate forum for game number nine hundred forty-two tickets purchased at an authorized Ohio lottery commission sales location.

(10) For purposes of determining the number of winning wagers, division of the grand prize jackpot is contingent on the gaming system's determination of winning wagers sold, and not by the number of winning wagers presented for payment.

(I) Procedures for claiming and payment of prize awards.

(1) Effective upon a determination of prize payouts, prizes shall be redeemed or claimed only in the jurisdiction where the official winning "Powerball" ticket was purchased. Claimants of prizes in "Powerball" must comply with the claiming periods of deadlines of the jurisdiction where the winning "Powerball" ticket was purchased. Claimants of game number nine hundred forty-two prizes for winning tickets purchased in Ohio must comply with the following terms and conditions:

(a) Prizes for game number nine hundred forty-two purchased in Ohio may be redeemed or claimed only through Ohio lottery sales agents authorized to sell game number nine hundred forty-two, or other authorized claim centers or locations designated by the Ohio lottery commission;

(b) Claimants of winning game number nine hundred forty-two prizes for tickets purchased in Ohio must comply with the prize claim requirements of the Ohio lottery commission and the applicable claiming period of one hundred eighty days as set forth in division (A)(1) of section 3770.07 of the Revised Code;

(c) In the event a single game number nine hundred forty-two ticket purchased in Ohio contains two or more winning wagers, the cumulative prize amount shall be claimed or redeemed in accordance with the specified prize payment limits of the Ohio lottery commission;

(d) State and federal withholding taxes for winning tickets purchased in Ohio shall be withheld from game number nine hundred forty-two prizes awarded by the Ohio lottery commission in such amounts as may be required by law, along with any other deductions required by law; and

(e) A "Powerball" prize, including but not limited to any promotional prizes associated with "Powerball," awarded by any party lottery shall not be paid to any persons prohibited from playing or claiming an Ohio lottery prize by the governing law or rules of the Ohio lottery commission. In addition, those persons designated by a party lottery's law as being ineligible to play its games shall also be ineligible to play "Powerball," and any promotions associated therewith, in that party lottery's jurisdiction.

(f) A Powerball ticket or a share of "Powerball" ticket, or any promotional tickets associated with "Powerball," issued by any party lottery shall not be purchased by, and a prize won by any such ticket or share shall not be paid to:

(i) A MUSL employee, officer, or director;

(ii) A contractor or consultant under agreement with MUSL to review the MUSL audit and security procedures;

(iii) An employee of an independent accounting firm under contract with MUSL to observe drawings or site operations and actually assigned to the MUSL account and all partners, shareholders, or owners in the local office of the firm; or

(iv) An immediate family member (parent, stepparent, child, stepchild, spouse or sibling) of an individual described in paragraphs (I)(1)(f)(i) to (I)(1)(f)(iii) of this rule and residing in the same household.

(g) For winning official game number nine hundred forty-two tickets purchased in Ohio for which no claim or redemption is made within one hundred eighty days after the date of the drawing as required by the procedures set forth in Ohio lottery commission rules, following any required reconciliation of prize liability as may be agreed to from time to time by the directors of the party lotteries, such unclaimed prize(s) shall be paid into the state lottery fund and distributed in accordance with section 3770.06 of the Revised Code.

(J) Payment of grand prize jackpot award.

(1) Payment of a grand prize jackpot, if due, shall be paid in thirty annual payments ("annuity option"). Within sixty days after a holder of a valid winning ticket presents for payment his or her valid claim for a grand prize jackpot, he or she may elect to receive payment of a grand jackpot prize as a lump sum cash payment ("lump sum cash option"). Calculation of the amount of "lump sum cash option" or the amount of the "annuity option" shall be in accordance with applicable procedures. Grand prizes shall be paid, at the election of the player made not later than sixty days after the player becomes entitled to the prize, with either an annuity or cash payment. If the payment election is not made by the player within sixty days after the player becomes entitled to the prize, then the prize shall be paid as an annuity prize. The election to take the cash payment may be made at the time of the prize claim or within sixty days after the player 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.

(2) Share of the grand prize shall be determined by dividing the cash available in the grand prize jackpot pool equally among all winning grand prize jackpot wagers from all participating party lotteries. Winner(s) who elect a cash payment shall be paid their share(s) in a single cash payment. The annuitized option prize shall be determined by multiplying a winner's share of the grand prize by the annuity factor. If individual shares of the cash held to fund an annuity is less than two hundred fifty thousand dollars, the Ohio lottery may elect, in its sole discretion, to pay the winners their share of the cash held in the grand prize pool. In the event that a claim is submitted jointly by one or more persons, all persons submitting that claim must elect to receive his or her share either through a cash payment or annuity payment (different options may not be chosen).

(3) The annuity factor is determined by the best total securities price obtained through a competitive bid of qualified, pre-approved brokers made after it is determined that the prize is to be paid as an annuity prize or after the expiration of sixty days after a winner becomes entitled to a prize.

(4) Except in those instances where the grand prize has been designated as a guaranteed amount in accordance with applicable procedures, neither MUSL nor the party lotteries shall be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to MUSL.

(5) Except as otherwise provided by law, all annuitized prizes shall be paid annually in thirty payments with the initial payment being made in cash, to be followed by twenty-nine payments funded by the annuity, and all annuitized payments shall be paid in thirty graduated payments (increasing each year) by a rate as determined in accordance with applicable procedures. Prize payments may be rounded down to the nearest one thousand dollars. After the first initial payment, annual payments shall coincide with the anniversary month of the jackpot.

(6) Payment of prize payments upon the death of a prize winner. In the event of the death of a prize winner, payments will be made in accordance with rule 3770:1-8-01 of the Administrative Code and applicable procedures, relating to payment and calculation of the cash value of prize payments in a statewide joint lottery game upon the death of a prize winner.

(K) Payment of prizes other than grand prize. All prizes, other than the grand prize jackpot prize, shall be paid in cash through the party lottery that sold the winning ticket(s). Payment of all prizes, other than the grand prize jackpot prize, may be made after a party lottery receives authorization to pay from MUSL. In accordance with applicable procedures, in the event that the total amount of any prizes exceeds the percentage of the prize pool allocated to those prizes, then in such an event, the prizes may be paid on a pari-mutuel basis in accordance with applicable procedures.

(L) Net proceeds to lottery profits education fund. The entire net proceeds from the sale of game number nine hundred forty-two in Ohio that remain after associated operating expenses, prize disbursements, lottery sales agent bonuses, commissions, and reimbursements, and any other expenses necessary to comply with the agreements or the rules are deducted from the gross proceeds of game number nine hundred forty-two, shall be transferred to the lottery profits education fund as required under division (B) of section 3770.06 of the Revised Code.

(M) Conduct by director(s) in game number nine hundred forty-two.

(1) The director shall conduct game number nine hundred forty-two and any promotions conducted in association with game number nine hundred forty-two in a manner consistent with the Ohio Lottery Act, the rules of the Ohio lottery 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 Ohio lottery game and any promotions conducted in association with this Ohio lottery game.

(2) Names and definitions of elements of game number nine hundred forty-two used in this rule are considered generic terms used solely for the purpose of this rule.

(3) The director may discontinue drawings conducted pursuant to game number nine hundred forty-two. In the event that Ohio discontinues drawings conducted pursuant to game number nine hundred forty-two, the director shall designate the applicable procedures to be followed in discontinuing drawings conducted pursuant to game number nine hundred forty-two. Should the directors determine that "Powerball" shall be discontinued and replaced by a modified version of "Powerball" or another statewide joint lottery game with a grand prize jackpot agreed to by the party lotteries, then the directors shall have the discretion to transfer any existing funds from the "Powerball" grand prize jackpot that was not won before such drawings were discontinued, to such new statewide joint lottery game.

(4) The directors shall have discretion to authorize any funding mechanism deemed necessary to accomplish payment of any prize pool or any prizes. The directors may collectively authorize sale of "Powerball" tickets at a discount for promotional purposes. In addition, the director may authorize sale of game number nine hundred forty-two tickets at a discount for promotional purposes within the state of Ohio, provided that such discounted sales are reported to the other party lotteries at full gross sales value.

(5) Nothing contained in this rule shall prohibit a party lottery from offering Powerball tickets as prizes in any other non-MUSL game or promotion operated by the party lottery after advising the party lotteries and MUSL of the terms and dates of the offering.

(6) In the event that a party lottery offers "Powerball" tickets as a prize or as part of an authorized discount, promotion or rebate, the party lottery shall contribute that party lottery's share of the prizes based on the full value of a ticket sold at a uniform price.

(7) In the event of any conflict between MUSL's "Powerball" rules and the statutes, rules or regulations of the Ohio lottery commission, the Ohio lottery commission statutes, rules and regulations shall control.

(8) All decisions made by the director with respect to the play of game number nine hundred forty-two in Ohio, including but not limited to the declaration of prizes and the payment thereof and the interpretation of Ohio lottery commission rules, shall be final and binding on all purchasers and on every person making a claim in respect thereof.

Effective: 11/28/2013
R.C. 119.032 review dates: 11/28/2018
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.04 , 3770.05 , 3770.06 , 3770.07 , 3770.08