| (G) The ticket data shall have been recorded on the
central computer system prior to the drawing, and the ticket data
must match the computer record data in every respect.
(H) The ticket shall pass all other confidential security
checks of the commission.
(2) The commission may pay the prize for a draw game
ticket that is partially mutilated or not intact if the ticket can
still be validated by the other validation requirements.
(3) Liability for void tickets, if any, is limited
to the replacement of ticket or refund of the sales price.
(4) A ticket shall be the only valid receipt for claiming
a prize. A copy of a ticket or a playslip has no pecuniary or prize
value and shall not constitute evidence of ticket purchase or of numbers
selected.
(5) In submitting an official draw game ticket for
validation, the player agrees to abide by applicable laws, all commission
rules, regulations, policies, directives, instructions, conditions,
procedures, and final decisions of the executive director.
(6) All prizes shall be subject to tax withholdings,
offsets, and other withholdings as provided by law.
(f) Payment of prizes by retailers.
(1) A retailer may pay to the ticket bearer game prizes
of an amount less than $600 for any valid claims presented to that
retailer. All tickets validated by a retailer must be paid by that
retailer. Retailers may pay claims for prizes if the commission's
validation system is operational. The retailer shall not charge the
claimant any fee for payment of the prize or for cashing a business
check drawn on the licensed retailer's account.
(2) Retailers may pay prizes in cash. If acceptable
to the claimant, retailers may also pay cash prizes by business check,
certified check, cashier's check, money order, gift card, stored-value
card, or store merchandise. If a retailer decides to pay with anything
other than cash, it is the responsibility of the retailer to ensure
the claimant has voluntarily agreed to the non-cash prize payment.
(g) Payment of prize awarded to minor.
(1) A person 18 years of age or older may purchase
a ticket to give as a gift to another person, including a minor.
(2) If a minor is entitled to a cash prize of less
than $600, the commission shall deliver to an adult member of the
minor's family or to the minor's guardian a check or warrant in the
amount of the prize payable to the order of the minor.
(3) If a minor is entitled to a cash prize of $600
or more, the commission shall deposit the amount of the prize in a
custodial bank account, with an adult member of the minor's family
or the minor's guardian serving as custodian for the minor.
(4) If a minor is entitled to a prize other than money,
the commission shall pay the cash equivalent of such prize in the
manner provided by paragraphs (2) and (3) of this subsection.
(5) A retailer is not authorized to pay a prize claimed
by a minor.
(h) Game termination and prize claim period.
(1) The executive director or his/her designee, at
any time, may announce the termination date for a draw game. If this
occurs, no tickets for that draw game shall be sold past the termination
date.
(2) Draw game prizes shall be claimed no later than
180 days after the applicable draw date of the draw game. In the event
any player who has a valid winning ticket does not claim the prize
within 180 days after the drawing in which the prize was won, the
prize amount shall be deposited in accordance with Government Code, §466.408.
|
| Source Note: The provisions of this §401.304 adopted to be effective February 16, 1993, 18 TexReg 707; amended to be effective September 20, 1993, 18 TexReg 5885; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756; amended to be effective August 31, 1999, 24 TexReg 6971; amended to be effective November 29, 2001, 26 TexReg 9589; amended to be effective December 26, 2007, 32 TexReg 9609; amended to be effective December 31, 2017, 42 TexReg 7385; amended to be effective August 30, 2020, 45 TexReg 5908; amended to be effective April 28, 2022, 47 TexReg2131 |
