|(a) Powerball. Powerball is a Multi-State Lottery Association
(MUSL) lottery draw game offered by all Lotteries that have agreed
to MUSL's Powerball Group Rules. The purpose of the Powerball game
is the generation of revenue for MUSL Party Lottery members and Mega
Millions Party Lotteries participating under the Cross-Sell Agreement,
through the operation of a specially designed multi-jurisdiction lottery
game that will award prizes to ticket holders of validated winning
tickets matching specified combinations of numbers randomly selected
in regularly scheduled Drawings. The Powerball game is authorized
to be conducted by the executive director under the conditions of
the MUSL rules, the laws of the State of Texas, this section, and
under such further instructions, directives, and procedures as the
executive director may issue in furtherance thereof. In this regard,
the executive director is authorized to issue such further instructions
and directives as may be necessary to conform the conduct and play
of the Powerball game to the requirements of the MUSL rules if, in
the opinion of the executive director, such instructions, directives,
and procedures are in conformance with state law. To be clear, the
authority to participate in the Powerball game is provided to the
Texas Lottery by MUSL. The conduct and play of the Powerball game
must conform to the MUSL Powerball Group Rules. Further, if a conflict
arises between this section and §401.304 of this chapter (relating
to Draw Game Rules (General)), this section shall have precedence.
In addition to other applicable rules contained in Chapter 401, this
section and definitions herein apply unless the context requires a
different meaning or is otherwise inconsistent with the intent of
the rules adopted by the MUSL or the MUSL Powerball Group.
(1) "Agent" or "retailer" means a person or entity
authorized by the commission to sell lottery Plays.
(2) A "Drawing" refers collectively to the formal draw
event for randomly selecting the Winning Numbers that determine the
number of winning Plays for each prize level of the Powerball game
or a Powerball game promotion as described in this section.
(A) The Powerball Drawing (PB Drawing) shall determine
the Winning Numbers for the Powerball game and the Power Play multiplier.
(B) A Winner Take All® Drawing (WTA Drawing) is
a separate Drawing event from the PB Drawing and shall determine the
Winning Numbers for the Winner Take All® promotion.
(C) The PB Drawing Winning Numbers shall not be used
for the WTA promotion, and shall not be used to determine winning
Winner Take All Play(s) (WTA Plays) or prizes. Similarly, the WTA
Winning Numbers shall not be used as the Winning Numbers for the Powerball
game or to determine the Powerball winning Play(s) or prizes.
(3) "Game ticket" or "ticket" means an acceptable evidence
of Play, which is a ticket produced in a manner that meets the specifications
defined in the rules of the Selling Lottery and subsection (g) of
this section, and is a physical representation of the Play or Plays
sold to the player.
(4) "MUSL" means the Multi-State Lottery Association,
a government-benefit association wholly owned and operated by the
MUSL Party Lotteries.
(5) "MUSL Board" means the governing body of the MUSL,
which is comprised of the chief executive officer of each Party Lottery.
"MUSL Finance and Audit Committee" shall mean the committee of that
name established by the MUSL Board.
(6) "MUSL Annuity Factor" shall mean the annuity factor
as determined by the MUSL central office through a method approved
by the MUSL Finance and Audit Committee and which is used as described
in this rule.
(7) "Pari-Mutuel" or "pari-mutuel" as used in this
section shall mean wagered funds that are pooled and then paid in
equal shares to the holders of winning Plays as described in this
section and the MUSL Rules.
(8) "Party Lottery" means a state lottery or lottery
of a political subdivision or entity that has joined MUSL and is authorized
to sell the Powerball game. "Licensee Lottery" shall mean a state
lottery or lottery of a governmental unit, political subdivision,
or entity thereof that is not a Party Lottery but has agreed to comply
with all applicable MUSL and Product Group requirements and has been
authorized by the MUSL and by the Powerball Product Group to sell
the Powerball game. "Selling Lottery" or "Participating Lottery" shall
mean a lottery authorized by the Product Group to sell Plays, including
Party Lotteries and Licensee Lotteries.
(9) "Play" means the six (6) numbers, the first five
(5) from a field of sixty-nine (69) numbers and the last one (1) from
a field of twenty-six (26) numbers, that appear on a ticket as a single
lettered selection and are to be played by a player in the Powerball
game as well as in the WTA promotion if the WTA promotion is selected
by the player. As used in this section, unless otherwise indicated,
"Play" includes both Powerball Plays and Winner Take All Plays.
(A) "Powerball Plays" (PB Plays) shall refer to Plays
purchased as part of the Powerball game, but shall not include WTA
Plays or Power Play Plays.
(B) "Power Play Plays" shall refer to Plays purchased
as part of the Power Play promotion described in subsection (k) of
(C) "Winner Take All Plays" (WTA Plays) shall refer
to Plays purchased as part of the WTA promotion as described in subsection
(l) of this section.
(10) "Playslip" means a physical or electronic means
by which a player communicates their intended Play selection to the
retailer as defined and approved by the Selling Lottery. A playslip
has no pecuniary value and shall not constitute evidence of ticket
purchase or of numbers selected.
(11) "Power Play" shall refer to the Power Play promotion
as described in subsection (k) of this section.
(12) "Powerball Group" or "Product Group" means the
MUSL member group of lotteries which have joined together to offer
the Powerball product pursuant to the terms of the Multi-State Lottery
Agreement and the Powerball Group's rules, including the MUSL Powerball
Drawing Procedures. In this rule, wherever either term is used it
is referring to the MUSL Powerball Group.
(13) "Prize" means an amount paid to a person or entity
holding a winning ticket.
(A) "The Grand Prize" shall refer to the top prize
in the Powerball game.
(B) The "Winner Take All Prize" (WTA Prize) means the
Prize established by the Product Group for the WTA promotion set forth
in subsection (l) of this section.
(C) The Advertised Grand Prize shall mean the estimated
annuitized Grand Prize amount as determined by the MUSL Central Office
by use of the MUSL Annuity Factor and communicated through the Selling
Lotteries prior to the Grand Prize Drawing. The Advertised Grand Prize
is not a guaranteed prize amount and the actual Grand Prize amount
may vary from the advertised amount, except in circumstances where
there is a guaranteed Grand Prize amount as described in paragraph
(6) of subsection (f) of this section.
(D) The "Set Prize" or "low-tier prize" means all other
prizes, except the Grand Prize and WTA Prize, and, except in instances
outlined in this section, will be equal to the prize amount established
by the Product Group for the prize level.
(14) "Terminal" means a device authorized by the commission
for the purpose of issuing Powerball game tickets and as defined in §401.301
(General Definitions) of this chapter.
(15) "Winner Take All" (WTA) shall refer to the Winner
Take All® promotion as described in subsection (l) of this section.
(16) "Winning Numbers" means the numbers randomly selected
during a Drawing event which shall be used to determine the winning
Plays for the Powerball game or the Powerball game promotion being
(c) Game Description.
(1) Powerball Game. Powerball is a five (5) out of
sixty-nine (69) plus one (1) out of twenty-six (26) numbers lottery
game drawn every Wednesday and Saturday, as part of the Powerball
Drawing, which pays the Grand Prize, at the election of the player
made in accordance with this section, or by a default election made
in accordance with this section, either on an annuitized pari-mutuel
basis or as a single lump sum payment of the total funding held in
the Grand Prize Pool for the winning Drawing on a pari-mutuel basis.
Except as provided in this section, all other prizes are paid on a
single payment basis.
(A) Powerball Winning Numbers applicable to determine
Powerball prizes will be determined in the Powerball Drawing. During
the Powerball Drawing, five (5) numbers shall be drawn from the first
set of sixty-nine (69) and one (1) number shall be drawn from the
second set of twenty-six (26) numbers, which shall constitute the
Powerball Winning Numbers.
(B) To play Powerball, a player shall select five (5)
different numbers, from one (1) through sixty-nine (69) and one (1)
additional number from one (1) through twenty-six (26), or request
the retailer to generate a Quick Pick selection of numbers from the
lottery terminal. The additional number may be the same as one of
the first five numbers selected by the player.
(C) Powerball Plays can be purchased for two dollars
(U.S. $2.00), including any specific statutorily-mandated tax of a
Selling Lottery to be included in the price of a PB Play. PB Plays
may be purchased from a Selling Lottery approved sales outlet in a
manner as approved by the Selling Lottery and in accordance with MUSL
(2) Claims. A ticket shall be the only proof of a game
Play or Plays and is subject to the validation requirements set forth
in subsection (g) of this section. The submission of a winning ticket
to the issuing Selling Lottery or its authorized agent shall be the
sole method of claiming a prize or prizes. A playslip has no pecuniary
or prize value and shall not constitute evidence of Play purchase
or of numbers selected. A terminal-produced paper receipt has no pecuniary
or prize value and shall not constitute evidence of Play purchase
or of numbers selected.
(3) Cancellations Prohibited. A Play may not be voided
or canceled by returning the ticket to the selling agent or to the
lottery, including tickets that are printed in error. A Selling Lottery
may develop an approved method of compensating retailers for Plays
that are not transferred to a player for a reason acceptable to the
Selling Lottery. No Play that is eligible for a prize can be returned
to the lottery for credit. Plays accepted by retailers as returned
Plays and which cannot be re-sold shall be deemed owned by the bearer
(4) Player Responsibility. It shall be the sole responsibility
of the player to verify the accuracy of the game Play or Plays and
other data printed on the ticket. The placing of Plays is done at
the player's own risk through the licensed sales agent who is acting
on behalf of the player in entering the Play or Plays.
(5) Entry of Plays. Plays may only be entered manually
using the lottery retailer terminal touch screen, by means of an approved
playslip, or by such other means as approved by the commission. Retailers
shall not permit the use of playslips that are not approved by the
commission. Retailers shall not permit any device to be physically
or wirelessly connected to a lottery terminal to enter Plays, except
as approved by the commission.
(A) A ticket generated using a selection method that
is not approved by the commission is not valid.
(B) A selection of numbers for a Play may be made only
if the request is made in person. Acceptable methods of Play selection
(i) using a self-service terminal;
(ii) using a playslip;
(iii) using a previously-generated "Powerball" ticket
provided by the player;
(iv) requesting a retailer to use a Quick Pick;
(v) requesting a retailer to manually enter numbers;
(vi) using a QR code generated through a Texas Lottery
Mobile Application offered and approved by the commission.
(6) Subscription Sales. A subscription sales program
may be offered, at the discretion of the executive director.
(7) Maximum Purchase. The maximum number of consecutive
Drawings on a single PB Play purchase is ten (10), including Power
Play Plays if purchased. Advanced purchases are prohibited for the
WTA promotion described in subsection (l).
(d) Powerball Prize Pool.
(1) Powerball Prize Pool.
(A) The prize pool for all Powerball prize categories
shall consist of fifty percent (50%) of each Drawing period's Powerball
sales, inclusive of any specific statutorily-mandated tax of a Selling
Lottery to be included in the price of a PB Play, and including contributions
to the prize pool accounts and prize reserve accounts.
(B) Powerball Prize Pool Accounts and Prize Reserve
Accounts. The Product Group shall set the contribution rates to the
prize pool and to one or more prize reserve or pool accounts established
by the MUSL Powerball Group Rules.
(i) Prize Reserve Accounts. The Product Group has established
the following prize reserve accounts for the Powerball game: the Powerball
Prize Reserve Account (PRA), which is used to guarantee the payment
of valid, but unanticipated, Grand Prize claims that may result from
a system error or other reason; and the Powerball Set Prize Reserve
Account (SPRA), which is used to fund deficiencies in low-tier Powerball
prize payments, subject to the limitations of the MUSL rules.