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PART 2804 LOTTERY SUBSCRIPTIONS
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| (a) |
A subscription program may be established at the discretion of the director for any division game(s). The subscription program may permit a subscriber to play the same number selections for a period of consecutive drawings over a stated period in such games as the director may decide. |
| (b) |
Entry into a subscription program will require the completion and submission of either (1) a subscription application form; or (2) a renewal application form. The subscriber will be required to provide his or her social security number on the respective application form so that prizes requiring federal reporting or withholding may be automatically sent to the winning subscriber. An application for a group subscription must contain the names, addresses, and social security numbers of each group member. |
| (c) |
By providing the social security number, the subscriber is authorizing the division to retain and use the number for the purpose of tax reporting and any other lawful purpose of the Division. An application for a group subscription must contain the names, addresses, and social security numbers of each group member. No group may exceed ten members. |
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2804-13 Subscription definitions.
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| (a) |
"Application form" or "application" means either the subscription application form or the renewal of such application form. |
| (b) |
"Confirmation letter" means the paper or electronic correspondence sent to a subscriber from the division confirming the game(s), game numbers for each game panel played, the type of plan, the effective date, and the expiration date.
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| (c) |
"Effective date" means the game’s first drawing date for which a subscription is effective. |
| (d) |
"Expiration date" means the last drawing date for which a subscription is effective. |
| (e) |
"Game numbers" means the numbers selected for each of the game panels played on an application form. |
| (f) |
"Game panel" means the electronic panel and/or paper panel which game numbers are chosen. |
| (g) |
"Group" means two or more individuals sharing a game subscription whose individual qualifications meet that of an individual subscriber. |
| (h) |
"Group representative" means the individual designated on a group application form as the person selected by the group subscribers to act on behalf of the group in handling any communications and prize payments related to the subscription. |
| (i) |
"Plan" means the game(s) played, the number of consecutive games played and the duration of the subscription as determined by the number of weeks selected by the subscriber. |
| (j) |
"Quick Pick" means the option for a subscriber to have game numbers randomly selected by a computer. Once selected, the same quick pick numbers remain valid and will be used for each drawing for the duration of the subscription. |
| (k) |
"Subscriber" means either the individual or the group identified on an application form as the person(s) entitled to the winning prize. |
| (l) |
"Subscriber identifying information" means the name, address, subscription number, social security number or tax payer identification number of the subscriber or each member of a group. |
| (m) |
"Subscription Costs" means the cost of the subscription purchased by the subscribers as defined in Part 2804-3 of these rules. |
| (n) |
"Subscription file" means a file maintained by the division containing subscription information and used in the prize determination process. |
| (o) |
"Subscription number" means the number assigned by the division to a subscription record when the original application is processed. |
| (p) |
"Valid Subscription Entry" means to be a valid subscription entry a subscription must include the following: Subscriber identifying information (as defined herein), selected payment option, game numbers entered on the appropriate division computer file which is the official record of subscription entry. |
| (q) |
"Valid Group Subscription Entry" means to be a valid group subscription entry a subscription must include the following: Subscriber identifying information (as defined herein) for each member of the group, selected payment option, game numbers entered on the appropriate division computer file which is the official record of group subscription entry. |
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2804-3 Subscription costs.
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| (a) |
Lotto
| (1) |
For each Lotto subscription, a minimum of two game panels must be selected for a minimum plan of 26 weeks. |
| (2) |
A Lotto subscriber may play two, four, or six game panels. |
| (3) |
The following number of game panels and subscription plans are available for Lotto subscriptions at the costs shown:
| Games |
Plan |
Cost |
| 1,2 |
26 weeks - 52 drawings |
$50 |
| 1,2,3,4 |
26 weeks - 52 drawings |
$100 |
| 1,2,3,4,5,6 |
26 weeks - 52 drawings |
$150 |
| 1,2 |
52 weeks - 104 drawings |
$98 |
| 1,2,3,4 |
52 weeks - 104 drawings |
$196 |
| 1,2,3,4,5,6 |
52 weeks - 104 drawings |
$294 |
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| (b) |
The division reserves the right to alter, temporarily or permanently, the costs of subscription plans at the discretion of the director. |
| (c) |
Other Games. The subscription costs for game(s) other than Lotto shall be posted on the division’s website (www.nylottery.org) from time to time. |
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2804-15 Subscription application requirements.
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| (a) |
To be accepted for entry, an application form must meet the following requirements:
| (1) |
Each game panel for Lotto must contain six unduplicated game numbers selected from the following numbers: 1, 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59. Alternatively, a game panel for Lotto may contain fewer than six game numbers, or the Quick Pick option may be selected to receive randomly selected game numbers. No request to change randomly selected Quick Pick numbers or numbers chosen by the player will be accepted after the effective date of the subscription. Such changes can only be made at the time of renewal. |
| (1) |
The application must include the required subscriber identifying information, including identifying information for each member of a group subscription. If an application is submitted without complete subscriber identifying information, the division may seek additional information from the applicant, as needed. |
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| (a) |
An application may be rejected for the following reasons:
| (1) |
The application is illegible in whole or in part. |
| (2) |
The application includes a form of payment that is not acceptable to the division.
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| (3) |
The subscriber provides an address or is using a computer or other on-line device outside the State of New York that would require the division to send subscription related correspondence or prize payments outside the State of New York, or if the acceptance of the application would be unlawful or would necessitate or facilitate any unlawful conduct, or for any other reason within the discretion of the director. |
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| (c) |
A subscription may be terminated by the division after acceptance if, before or after the effective date, the division is notified that the payment for the subscription is invalid. In such event, the subscription shall be deemed invalid and no prizes will be paid to the subscriber. |
| (d) |
In the event of a termination of the subscription, any prize won by the subscriber will be retained by the division. |
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2804-16 Valid subscription entry.
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| (a) |
To be eligible to win a prize, an application form, including the subscriber identification information, lump sum option (if selected), and the game numbers must be entered into the Division’s subscription file to create the official record of subscription entry.. |
| (b) |
A confirmation letter (paper or electronic) shall be issued by the division to subscriber confirming a valid subscription entry has been received. |
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2804-17 Payment of subscription prizes.
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| (a) |
Prizes that exceed $1.00 and are less than the threshold withholding amount for federal tax reporting will be remitted to an individual subscriber whose name appears on the application. |
| (b) |
Prizes that meet or exceed the threshold amount for federal withholding for an individual will be remitted to the individual subscriber whose name appears on the application form minus the required withholding amount. |
| (c) |
Prizes that are greater than $1.00 will be remitted to an individual subscriber whose name appears on the application form. Prizes equal to or less than $1.00 will be credited to the subscriber’s account to reduce the cost of subscription renewal, or in the event the subscriber chooses not to renew his/her subscription, the prize winning(s) in the account will be remitted to the subscriber. |
| (d) |
For payment of a prize which does not meet the threshold amount for federal tax reporting to a group subscriber, payment will be made in one payment in the name of the group and the group representative as indicated on the application form, and remitted to the group representative. |
| (e) |
For payment of a prize which meets or exceeds the threshold amount for federal withholding to a group subscriber, a payment representing an equal share of the prize will be remitted to each individual member of the group. If the subscription or renewal application does not show the taxpayer identification number (social security number or federal employer identification number) of each group member, the division will withhold appropriate income taxes in accordance with the applicable back-up withholding rules. |
| (f) |
A group subscription entry will be treated as a single entry in the prize pool and shall also be treated as a single entry when determining if a prize in the Lotto game is payable in annual installments as provided in Part 2817 of this Title. |
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2804-18 Subscription disputes.
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| (a) |
The division is not responsible for disputes between or among subscription group members. |
| (a) |
In any dispute with the division concerning the right to a subscription prize, the division shall have the right to resolve such dispute by paying the prize or refunding the subscription fee. If a refund is paid, the refund shall be based on the remaining unused value of the subscription and shall be the sole and exclusive remedy of the subscriber(s).
| (1) |
If there is a discrepancy between the information set forth on an application form and the information set forth in a confirmation letter, the subscriber may ask the Division to resolve the discrepancy by written or electronic communication. After such a report is received by the division, the division shall resolve the discrepancy as soon as possible and issue a revised confirmation letter. Resolution may include, but is not limited to, cancellation of the subscription. No change in the subscription shall be effective until a revised confirmation letter is issued. No request to resolve a discrepancy shall be accepted after the effective date in the confirmation letter issued. |
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2804-19 Subscription miscellaneous.
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| (a) |
Furthermore, the New York Lottery, pursuant to its statutory authority, may from time to time add games to its subscription program (including but not limited to Mega-Millions). |
| (b) |
A subscription renewal must be processed at least twelve (12) business days prior to the expiration date of a current subscription in order to avoid a lapse in the subscription. A renewal application form containing current subscription number, games, game numbers, plan, effective date and expiration date will be sent to the subscriber either electronically or by mail. The division will make reasonable efforts to process renewal applications to assure no interruptions; however, the division shall not be responsible for an interruption if a renewal application is not processed in sufficient time. |
| (c) |
Once a subscription is entered into the subscription file, the funds paid for the subscription are not refundable. |
| (d) |
If a promotion offers a subscription, the division reserves the right to limit the number of promotional subscriptions that may be received by a person or group. |
| (e) |
The division reserves the right to exclude subscribers from participation in a promotion offering special payments or prizes. |
| (f) |
Any subscription commenced prior to the effective date of the subscription regulations set forth in this part shall be subject to the regulations that were in effect at the time such subscription was commenced. Any subscription commenced on or after the effective date of the subscription regulations set forth in this part shall be subject to this part. |
