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PA Bulletin, Doc. No. 21-1291

NOTICES

DEPARTMENT OF REVENUE

Powerball

[51 Pa.B. 4953]
[Saturday, August 14, 2021]

 In accordance with 61 Pa. Code § 871.21 (relating to future changes to Powerball), the Secretary of Revenue (Secretary) announces the following changes to the Powerball regulations. This amendment provides updates to the game description, draw frequency, available add-ons and certain definitions. This amendment provides changes to funding of guaranteed Powerball prizes.

 These changes will affect ticket sales beginning on Monday, August 23, 2021, for the Powerball drawing on Monday, August 23, 2021. The changes to the regulation will be codified as paragraph (10) in 61 Pa. Code § 871.22 (relating to changes to Powerball):

 (10) Changes effective for Powerball tickets sold on or after August 23, 2021:

 (i) Section 871.2(a) (relating to game description and purpose). Powerball is a five out of 69 plus one out of 26 on-line lottery game which pays the grand prize on an annuitized, parimutuel basis. Except as provided in this chapter, all other prizes are paid on a set cash, single payment basis.

 (ii) Section 871.2(b). The purpose of the Powerball game is to determine winners from ticket holders matching five numbers from 1 through 69, and matching the separately drawn Powerball number, or a designated combination thereof, within a single play, with the five winning numbers and the Powerball number to be randomly drawn. Drawings will be conducted three times a week or as publicly announced by the Secretary.

 (iii) Section 871.3 (relating to definitions).

Advertised Grand Prize—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 Powerball Grand Prize Drawing. The Advertised Grand Prize is not a guaranteed prize amount and the actual Powerball Grand Prize may vary from the advertised amount, except in circumstances where there is a guaranteed Powerball Grand Prize amount as described in § 871.10 (related to funding of guaranteed prizes).

Agent—A person or entity authorized by a Selling Lottery to sell lottery Plays.

Cash election—A method of payment that the player selects, within 60 days of the date the Lottery determines the player is entitled to the Powerball grand prize, to receive a parimutuel share of the prize money allocated to the grand prize category as a one-time, lump-sum cash payment rather than as an annuity.

Drawing—The formal draw event for randomly selecting the winning numbers that determine the number of winners for each prize level of the Powerball game or a Powerball promotion as described in these rules. A Powerball Drawing shall determine the winning numbers for the Powerball game, the Double Play Drawing, and the Power Play multiplier. Winning numbers for the Powerball game include the Winning numbers drawn for the Powerball game, and the number drawn to the determine the Power Play multiplier.

Grand prize winnings pool—An amount constituting 34.0066% of gross sales from all participating states for a particular Powerball game drawing for the purpose of paying winning grand prizes in that drawing. The grand prize winnings pool includes prize money allocated to the grand prize category from prior Powerball game drawings in which there were no winning grand prize tickets. A portion of this pool is used to fund prize reserve accounts until those accounts achieve maximum balances.

Parimutuel—Wagered funds that are pooled and then paid in equal shares to winners of a prize as described in these rules.

Quick pick—The random selection by the Lottery's computer system of five numbers from 1 through 69 and a Powerball number from 1 through 26 that appear on a ticket and are played by a player in the game.

Ticket—A Powerball ticket, produced by an on-line terminal from a licensed on-line retailer in an authorized manner, containing a letter prefix followed by five selected numbers from 1 through 69 and a single selected Powerball number from 1 through 26 for each basic play, ticket validation number data, drawing date, amount bet and any applicable promotion exercised by the player. Each set of five numbers and the Powerball number constitutes a basic play of which there may be one or more, up to ten on a ticket.

Winning numbers—Six numbers, the first five numbers from 1 through 69, and the Powerball number from 1 through 26, selected at a Powerball drawing and subsequently validated by the MUSL, which shall be used to determine the winning Powerball plays contained on a ticket or properly registered ticketless transaction. Double Play winning numbers shall not be used to determine Powerball prizes. Powerball winning numbers shall not be used to determine Double Play prizes.

 (Editor's Note: This is a partial listing of the definitions applicable to Powerball. See § 871.3 (relating to definitions) for additional definitions.)

 (iv) Section 871.5 (relating to ticket price). A Powerball basic play shall cost $2 per play. The power play option may be exercised, at the discretion of the player, for an additional $1 per play. The double play option may be exercised, at the discretion of the player, for an additional $1 per play. If both options are exercised, the total cost per play shall be $4.

 (v) Section 871.6(a) (relating to Powerball bet slip and ticket characteristics and restrictions). For each basic play the player shall select, using a physical or electronic bet slip, or request quick pick selection by the computer, five numbers and a single Powerball number, in one or more of the game panels on a Powerball bet slip. Powerball bet slips shall be available at no cost to the player. The minimum entry is $2. For $2, play one game; for $4, play two games; for $6, play three games; for $8, play four games; for $10, play five games. Players are also given the option to select one or more promotions verbally or on the bet slip at the time of purchase for an additional $1 per promotion selected for each play. Game panels shall be played in alphabetical order in accordance with the instructions printed on the Powerball bet slip. A Powerball bet slip has no pecuniary or prize value and does not constitute evidence of the purchase of a ticket or the numbers selected.

 (vi) Section 871.6(b). To purchase a Powerball play, players shall, in addition to the purchase price, submit a completed Powerball bet slip, request number selections either by quick pick or manual terminal entry to an on-line retailer to have a ticket issued. To purchase a ticket at a Lottery self-service terminal that dispenses terminal-based Lottery tickets, the player shall designate the drawing date or dates for which the ticket is entered, number selections and may exercise the power play promotion for an additional $1 per play. The player may use a bet slip or the Quick Pick option at a Lottery self-service terminal that dispenses terminal-based Lottery tickets. The ticket shall contain five selected numbers and a single selected Powerball number for each play, ticket validation number data, drawing date, amount bet and any applicable promotion exercised by the player. This ticket shall be the only valid receipt for claiming a prize. The ticket shall only be valid for the drawing date or dates printed on the ticket. Retailers are not permitted to allow the attachment of any remote devices to a lottery terminal to enter plays except as otherwise provided in the MUSL rules.

 (vii) Section 871.6(c). If Powerball bet slips are unavailable, number selections may be given to an on-line retailer in groups of five number selections and one Powerball number selection per game section for each $2 wagered as a basic play. The player may exercise either the power play promotion or the double play promotion for an additional $1 per play per promotion selected. The retailer shall manually enter the selections into the computer terminal.

 (viii) Section 871.6(e). 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, by the player or through the on-line retailer who is acting on behalf of the player in entering the play or plays, is done at the player's own risk.

 (ix) Section 871.6(f). A player may select numbers for up to 20 drawings, specifically the next drawing and the 19 subsequent drawings.

 (x) Section 871.7(a) (relating to time, place and manner of conducting drawing). Time of drawing. A Powerball drawing will be held three times a week or as publicly announced by the Secretary.

 (xi) Section 871.8(a) (relating to expected prize payout percentages). Determination of expected prize payout percentages for the Powerball drawing is as follows:


Tickets Containing The Following, In One Single Lettered Game Section Prize Category Prize Payment Approximate Percentage of Winnings Pool Allocated to Prize Category**
All five (5) first set numbers and the Powerball number Grand Prize Grand Prize 68.0131%
Five (5) first set numbers Second Prize* $1,000,000 8.5558%
Four (4) first set numbers and the Powerball number Third Prize* $50,000 5.4757%
Four (4) first set numbers Fourth Prize* $100 0.2738%
Three (3) first set numbers and the Powerball number Fifth Prize* $100 0.6899%
Three (3) first set numbers Sixth Prize* $7 1.2074%
Two (2) first set numbers and the Powerball number Seventh Prize* $7 0.9981%
One (1) first set number and the Powerball number Eighth Prize* $4 4.3489%
None of the first set numbers and the Powerball number Ninth Prize* $4 10.4373%

 * Indicates a set prize.

 ** Fifty percent of Powerball gross sales are allocated to the winnings pool for the payment of prizes.


 (xii) Section 871.8(b). Prize money allocated to the grand prize category will be paid on a parimutuel basis, divided equally by the number of plays determined by the MUSL to be the winners of the grand prize.

 (xiii) Section 871.8(c). The number of plays determined by the MUSL to be winners of the second through ninth prize categories will be paid as set cash prizes, except as provided in paragraphs (1) through (4).

 (1) Except as otherwise provided in section 871.8(c)(4), if the total of the set prizes (as multiplied by the respective Power Play multiplier if applicable) awarded in a Powerball drawing exceeds the percent of the prize pool allocated to set prizes, then the amount needed to fund the set prizes, including Power play prizes, shall be drawn from the following sources in the following order:

 (i) The amount allocated to the set prize tiers and carried forward from previous draws, if any.

 (ii) An amount from the MUSL set prize reserve account, if available, not to exceed $40,000,000 per Powerball drawing.

 (iii) Any other amounts as agreed to by the MUSL Powerball Product Group in their sole discretion.

 (2) Except as otherwise provided in section 871.8(c)(4), if the sources set forth in paragraph (1) are depleted and there still are not sufficient funds to pay the set prizes, including Power play prizes, for a particular Powerball drawing, the highest set prize shall become a parimutuel prize. If the amount of the highest set prize, when paid as a parimutuel prize, is less than or equal to the next highest set prize and there are still not sufficient funds to pay the remaining set prizes, the next highest set prize shall become a parimutuel prize. If necessary, and under the same test conditions set forth in the preceding sentence, each succeeding set prize level shall be converted to a parimutuel prize, in order, until all set prizes become parimutuel. If all prizes are converted to parimutuel prizes, the money available from the funding sources listed in this rule shall be divided among the winning Powerball Plays in proportion to their respective prize percentages. Powerball Set Prizes and Power Play prizes will be reduced by the same percentage.

 (3) Except for winning prizes sold by the California Lottery, if all, or any portion of the set prize pool is not awarded in the current Powerball drawing, that portion of the set prize pool shall be carried forward to subsequent Powerball drawings.

 (4) By agreement between the Party Lotteries and the Licensee Lotteries, the Licensee Lotteries shall independently calculate their set parimutuel prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the parimutuel prize amounts for all lotteries selling the game at the lesser of the independently calculated prize amounts.

 (xiv) Section 871.9(b) (relating to Powerball prize payments). A grand prize shall be paid by an annuity except that a player may elect to receive the grand prize in a single cash payment provided the cash election is made by the player within 60 days of the date the Lottery determines that a grand prize-winning ticket has been sold and that a player is entitled to the prize.

 (1) An election to receive the grand prize by annuity or cash made by the player after the player becomes entitled to the prize is final and cannot be revoked, withdrawn or otherwise changed.

 (2) Shares of the grand prize shall be determined by dividing the cash available in the grand prize pool equally among all winners of the grand prize. A winner who elected cash payment shall be paid the share in a single cash payment.

 (3) The annuitized prize shall be determined by multiplying a winner's share of the grand prize by the MUSL annuity factor.

 (xv) Section 871.9(c). The MUSL annuity factor is determined through a process as approved by the MUSL Finance and Audit Committee.

 (xvi) Section 871.9(g). If more than one winning ticket for the grand prize is determined, upon meeting the requirements of §§ 871.12 and 871.13 (relating to ticket validation requirements; procedures for claiming and payment of Powerball prizes), each is entitled to a parimutuel payment share of the total grand prize category.

 (xvii) Section 871.9(h). A winning Powerball play is entitled only to the highest prize won by those numbers in a Powerball drawing, and a winning Double Play, play is entitled only to the highest prize won by those numbers in a Double Play drawing. A player may win both a Powerball prize and a Double Play prize if the player purchased the Double Play promotion and if the Powerball Play and the Double Play, play match the winning numbers drawn for both the Powerball game and the Double Play game.

 (xviii) Section 871.9(m). Annuitized payment of the grand prize or a share of the grand prize 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, which under this chapter may become single payment, parimutuelprizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing.

 (xix) Section 871.10(2) (relating to funding of guaranteed prizes). If there are multiple grand prize winners during a single drawing and at least one of the grand prize winners has elected the annuitized option prize, then the MUSL Annuity Factor shall be utilized to determine the cash pool. The cost of the annuitized prize or prizes will be determined at the time the annuity is purchased through a process as approved by the MUSL Board.

 (xx) Section 871.10(4) is deleted in its entirety.

 (xxi) Section 871.10(5). Minimum guaranteed prizes or increases may be waived if the alternate funding mechanism as set forth in § 871.8 becomes necessary.

 (xxii) Section 871.10(6). Approval of the Group is required to change the guaranteed minimum Grand Prize amounts or minimum increases in the Grand Prize amount. The Group may increase, decrease or eliminate the guaranteed minimum Grand Prize amount or any announced minimum Grand Prize increases as effective at any time following the next drawing following the action taken by the Group.

 (xxiii) Section 871.13(a) (relating to procedures for claiming and payment of Powerball prizes). Pennsylvania Powerball and Double Play prizes shall be claimed only through a licensed on-line Pennsylvania Lottery retailer beginning on the day following the drawing. The Lottery is not authorized to accept claims or pay prizes for Powerball tickets purchased in other jurisdictions.

 (xxiv) Section 871.13(c). The holder of an apparent winning Powerball or Double Play ticket containing one or more winning lettered play selections representing combined prizes of $2,500 or less will be paid by participating on-line retailers as provided in subsection (b), if the ticket validation requirements in § 871.12 (relating to ticket validation requirements) have been met, a proper validation pay ticket has been issued by the retailer's computer terminal and other retailer procedures have been met.

 (xxv) Section 871.13(d). The holder of an apparent winning Powerball or Double Play ticket containing one or more winning lettered play selections representing combined prizes in excess of $2,500, with the exception of the grand prize category, shall first validate the apparent winning ticket at the participating Pennsylvania Lottery on-line retailer to receive a validation receipt, complete a claim form and display appropriate identification and then surrender the winning ticket and the original claim form to the retailer for transmittal to Lottery Headquarters for payment under Chapter 811 (relating to prizes).

 (xxvi) Section 871.13(e). The holder of an apparent winning Powerball or Double Play ticket containing one or more winning lettered play selections representing a grand prize category prize shall present, in person, the apparent winning ticket to the Pennsylvania Lottery Headquarters for validation under Chapter 811.

 (xxvii) Section 871.13(f). In the event of the death of a Powerball or Double Play grand prize winner and upon petition of the estate of the prize winner, the MUSL Powerball Product Group may accelerate payment of all remaining proceeds from the winning ticket to the estate of the winner by transferring to the estate the securities or cash, or both, being held to satisfy the prize requirements, or paying the estate the present value of the remaining payments of the winner's prize. The valuation of the securities and determination of the present value of the accelerated lottery payments shall be at the sole discretion of the MUSL Powerball Group. The payment of a set prize to a person who dies before receiving any or all of a particular prize and to a person under 18 years of age will be paid under §§ 811.16 and 811.27 (relating to prizes payable after death of prize winner; payment of prizes to persons under 18 years of age).

 (xxviii) Section 871.14(b) (relating to parimutuel prize pool). An amount equal to up to 5% of a party lottery's sales shall be deducted from a party lottery's grand prize pool contribution and placed in trust in one or more prize pool accounts and prize reserve accounts at any time that the prize pool accounts and party lottery's share of the prize reserve accounts is below the amounts designated by the MUSL Powerball Product Group. An additional amount of up to 20% of a party lottery's sales shall be deducted from a party lottery's grand prize pool contribution and placed in trust to be held by the product group at such times as determined by the MUSL Powerball Product Group.

 (xxix) Section 871.14(c). The MUSL Powerball Product Group has established the following prize reserve accounts for the Powerball game:

 (1) the Prize Reserve Account, 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

 (2) the Set Prize Reserve Account, which is used to fund deficiencies in low-tier prize payments, subject to the limitations of these rules.

 (xxx) Section 871.14(d). The MUSL Powerball Product Group has established the following prize pool accounts for the Powerball game:

 (1) The Grand Prize pool, which is used to fund the current Grand Prize.

 (2) The Powerball Set Prize Pool, which is used to fund the Powerball Set Prize payments.

 (3) The Set Aside Pool, which is used to fund the payment of the awarded minimum starting annuity Grand Prizes and minimum annuity Grand Prize increase, if necessary, as subjectto the limitations of these rules and any limitations as may be set by the Product Group, and

 (4) the Grand Prize Carry Forward Pool, which is used to fund the starting minimum annuity Grand Prize, as may be set by the Product Group, if such funds are available and if sales do not fund the Grand Prize.

 (xxxi) Section 871.14(e). The Power Play Prize Pool and Power Play Pool Account are described in § 871.20 (relating to power play promotion) of these rules.

 (xxxii) Section 871.14(f). The Double Play Prize Pool and Double Play Prize Pool Account are described in § 871.21 (relating to double play promotion) of these rules.

 (xxxiii) Section 871.14(g). The Set Prize Pool Account holds the temporary balances that may result from having fewer than expected winners in the Powerball Set Prize (also known as low-tier prize) categories. The source of the Set Prize Pool is the Party Lottery's weekly prize contributions less actual Powerball Set Prize liability.

 (xxxiv) Section 871.14(h). Once the prize pool accounts and the party lottery's share of the prize reserve accounts exceeds the designated amounts, the excess shall become part of the grand prize pool.

 (xxxv) Section 871.14(i). The MUSL Powerball Product Group, with the approval of the Finance and Audit Committee, may establish a maximum balance for the prize pool accounts and prize reserve accounts.

 (xxxvi) Section 871.14(j). The MUSL Powerball Product Group may determine to expend all or a portion of the funds in the prize pool accounts, except the Grand Prize pool account and the Grand Prize Carry Forward Pool account, and the prize reserve accounts for the following purposes:

 (1) The Product Group may expend funds for the purpose of indemnifying the Party Lotteries and Licensee Lotteries in the payment of prizes to be made by the Selling Lotteries, subject to the approval of the MUSL Board and for the payment of prizes or special prizes in the game, subject to the approval of the MUSL Finance and Audit Committee; and

 (2) The Product Group may expend funds for the payment of prizes or special prizes in the game, limited to prize pool and prize reserve contributions from lotteries participating in the special prize promotion, subject to the approval of the Board's Finance and Audit Committee or that Committee's failure to object after given two weeks' notice of the planned action, which actions may be appealed to the full Board by the Product Group.

 (3) The Grand Prize Carry Forward Pool account may only be expended to fund the starting minimum annuity Grand Prize.

 (xxxvii) Section 871.14(k). The prize reserve shares of a party lottery may be adjusted with refunds to the party lottery from the prize reserve accounts as may be needed to maintain the approved maximum balance and shares of the party lotteries.

 (xxxviii) Section 871.14(l). A Party Lottery may contribute to its share of prize reserve accounts over time, but in the event of a draw down from the reserve account, a Party Lottery is responsible for its full percentage share of the account, whether or not it has been paid in full.

 (xxxix) Section 871.14(m). Any amount remaining in the prize pool accounts or prize reserve accounts at the end of this game shall be carried forward to a replacement prize reserve account or expended in a manner as directed by the members of the MUSL Powerball Product Group in accordance with State law.

 (xl) Section 871.14(n). If the prize pool for a drawing is not sufficient to fund an announced minimum grand prize, the prize pool will be increased as necessary in accordance with MUSL rules.

 (xli) Section 871.18(c) (relating to governing law). A prize claimant agrees, as its sole and exclusive remedy that claims arising out of a Play can only be pursued against the Selling Lottery which issued the Play. Litigation, if any, shall only be maintained within the jurisdiction in which the Powerball Play was purchased and only against the Selling Lottery that issued the Play. A prize claimant waives any claim or defense that such forum is not convenient or proper. The Contractor agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law. No claim shall be made against any other Participating Lottery or against the MUSL.

 (xlii) Section 871.18(d). Nothing in these Rules shall be construed as a waiver of any defense or claim the Selling Lottery which issued the Play, any other Participating Lottery or MUSL may have in any litigation, including in the event a player or prize claimant pursues litigation against the Selling Lottery, any other Participating Lottery or MUSL, or their respective officers, directors or employees.

 (xliii) Section 871.18(e). All decisions made by a Selling Lottery, including the declaration of prizes and the payment thereof and the interpretation of Powerball Rules, shall be final and binding on all Play purchasers and on every person making a prize claim in respect thereof, but only in the jurisdiction where the Powerball Play was issued.

 (xliv) Section 871.18(f). Unless the laws, rules, regulations, procedures, and decisions of the Lottery which issued the Play provide otherwise, no prize shall be paid upon a Play purchased, claimed or sold in violation of these Rules or the laws, rules, regulations, procedures, and decisions of that Selling Lottery; any such prize claimed but unpaid shall constitute an unclaimed prize under these Rules and the laws, rules, regulations, procedures, and decisions of that Selling Lottery.

 (xlv) Section 871.19 (relating to probability of winning).


The probability of winning is as follows:

Probability of Tickets Containing The Following,
In One Single Lettered Game Section
Prize Category Winning per Play
Five first set numbers and the Powerball number Grand Prize 1:292,201,338
Five first set numbers Second Prize 1:11,688,053.52
Four first set numbers and the Powerball number Third Prize 1:913,129.1813
Four first set numbers Fourth Prize 1:36,525.1673
Three first set numbers and the Powerball number Fifth Prize 1:14,494.1140
Three first set numbers Sixth Prize 1:579.7646
Two first set numbers and the Powerball number Seventh Prize 1:701.3281
One first set number and the Powerball number Eighth Prize 1:91.9775
None of the first set and the Powerball number Ninth Prize            1:38.3239

 (xlvi) Section 871.20(a) (relating to Power Play® promotion). The power play promotion shall be available in association with the Powerball game and will continue until the Secretary publicly announces a suspension or termination thereof. The power play promotion will be conducted in accordance with the Powerball rules except that players may purchase the power play option to increase set prizes won as a result of a Powerball drawing. The Powerball grand prize will not be eligible for an increase under the power play promotion. The Secretary will on occasion announce, as a special promotion, higher promotional prize amounts to be won with the power play promotion. Selling Lotteries may require purchase of the Power Play® promotion when a player purchases a Powerball Play. Power Play® is not applicable to the Powerball Double Play Promotion.

 (xlvii) Section 871.20(b). At the time of purchasing a Powerball ticket from an on-line Lottery retailer, a player may choose the power play option for one additional $1 per play for each play on the Powerball ticket. If a player chooses the power play promotion feature for any play on a ticket, every play on that ticket must participate in the promotion.

 (xlviii) Section 871.20(c). The MUSL shall conduct a power play drawing and will announce results during each of the regular Powerball drawings held during the power play promotion. During each power play drawing a single number (2, 3, 4, 5, or 10) shall be randomly drawn. The 10X multiplier feature will be available for drawings in which the initially advertised annuitized Grand Prize amount is $150,000,000 or less. The MUSL Powerball Product Group may elect to run limited promotions that modify the multiplier features.

 (xlix) Section 871.20(e). In drawings where the 10X multiplier is available, the expected power play prize pool for power play set prizes shall consist of up to 49.969% of each drawing period's sales. In drawings where the 10X multiplier is not available, the expected power play prize pool for power play set prizes shall consist of up to 45.934% of each drawing period's sales. The prize payout percentage per draw may vary. The power play prize pool shall be carried forward to subsequent power play drawings if all or a portion of the percentage is not required to pay the power play prizes for the current power play drawing and held in the Power Play Pool Account.

 (l) Section 871.20(f). In drawings where the 10X multiplier is available, an additional 0.31% of power play sales may be collected and placed in the Power Play Pool Account, for the purpose of paying power play prizes. In drawings where the 10X multiplier is not available, 4.066% of power play sales may be collected and played in the Power Play Pool Account, for the purposes of paying power play prizes. Any amount remaining in the power play pool account at the end of the power play promotion shall be returned to all lotteries participating in the account after the end of all claim periods of all selling lotteries, carried forward to a replacement game, or expended in a manner as directed by the MUSL Powerball Product Group in accordance with State law.

 (li) Section 871.20(g). Except as otherwise provided in section 871.20(m), if, with respect to a single Powerball drawing, the total of the Powerball set prizes without the power play option and the Powerball set prizes increased by the power play option exceeds the percentage of the prize pools allocated to the set prizes, the amount needed to fund those combined set prizes shall be drawn from the following sources in the following order:

 (1) The amount allocated to the set prizes and carried forward from previous Powerball drawings, if any.

 (2) The amount allocated to the Powerball Set-Prize Reserve Account, if available in the account, not to exceed forty million dollars ($40,000,000.00) per drawing.

 (3) Other amounts as agreed to by the MUSL Powerball Product Group in their sole discretion.

 (lii) Section 871.20(h). Except as otherwise provided in section 871.20(m), if the sources set forth in subsection (g) are depleted and there still are not sufficient funds to pay the set prizes, including the power play prizes, for a particular Powerball drawing, the highest set prize, including the prize increased by the power play option, shall become a parimutuel prize. If the amount of the highest set prize, when paid as a parimutuel prize, is less than or equal to the next highest set prize and there are still not sufficient funds to pay the remaining prizes, the next highest set prize, including the prize increased by the power play option, shall become a parimutuel prize. If necessary, under the same test set forth in the preceding sentence, each succeeding set prize level shall be converted to a parimutuel prize, in order, until all set prizes become parimutuel. If all set prizes are converted to parimutuel prizes, the money available from the funding sources listed in subsection (g) shall be divided among the winning plays in proportion to their respective prize percentages.

 (liii) Section 871.20(i). Power play set prizes which become parimutuel may be rounded down so that they can be paid in multiples of whole dollars. Funds remaining after rounding shall be carried forward to the prize pool for the next power play drawing.

 (liv) Section 871.20(k). When the Powerball set prizes become parimutuel, the Powerball set prize amounts will be less than the amount shown and the power play prizes for the second through the ninth category prizes shall be reduced as announced by the MUSL Powerball Product Group.

 (lv) Section 871.20(l). The probability of the various power play numbers being selected in a power play drawing.

 (1) The probability of the various power play numbers being selected in a power play drawing when the 10X multiplier is available, are:


Power Play Multiplier Odds
2 24 in 43
3 13 in 43
4 3 in 43
5 2 in 43
10 1 in 43

 (2) The probability of the various power play numbers being selected in a power play drawing when the 10X multiplier is not available, are:

Power Play Multiplier Odds
2 24 in 42
3 13 in 42
4 3 in 42
5 2 in 42


 (lvi) Section 871.20(m). By agreement between the Party Lotteries and the Licensee Lotteries, the Licensee Lotteries shall independently calculate their set parimutuel prize amounts, including the power play prize amounts. The Party Lotteries and the Licensee Lotteries shall then agree to set the parimutuel prize amounts for all lotteries selling the game at the lesser of the independently calculated prize amounts.

 (lvii) Section 871.23(a) (relating to Double Play promotion). The Double Play promotion shall be available in association with the Powerball game and will continue until the Secretary publicly announces a suspension or termination thereof. The Double Play promotion will be conducted in accordance with the Powerball rules except that players may purchase the Double Play option to use the same set of numbers selected for a Powerball play in a second, Double Play Drawing immediately following the Powerball Drawing. Double Play does not replace or alter Power Play®. Double Play prizes will not be multiplied or increased by the Power Play® promotion. Powerball Prizes and Double Play prizes are determined separately; for example, a Powerball player who choose to participate in Double Play may win both a Double Play prize and a Powerball prize, if their Play numbers match the Powerball winning numbers and also match the Double Play winning numbers. Selling Lotteries may require purchase of the Power Play® promotion when a player purchases a Powerball Play.

 (lviii) Section 871.23(b). At the time of purchasing a Powerball ticket from an on-line Lottery retailer, a player may choose the Double Play option for one additional $1 per play for each play on the Powerball ticket. If a player chooses the Double Play promotion feature for any play on a ticket, every play on that ticket must participate in the promotion.

 (lix) Section 871.23(c). The MUSL shall conduct a Double Play drawing and will announce results following each of the regular Powerball drawings held during the Double Play promotion. The purpose of the Double Play game is to determine winners from ticket holders matching five numbers from 1 through 69 and matching the separately drawn number from 1 through 26, or a designated combination thereof, within a single play, with the five winning first set numbers and the second set number to be randomly drawn. Drawings will be conducted three times a week or as publicly announced by the Secretary.

 (lx) Section 871.23(d). Powerball tickets that contain the Double Play option and one or more plays eligible for a Double Play first through ninth category prize shall be entitled to a total set prize identified in § 871.23(k), unless a higher limited promotional prize amount is announced by the Secretary.

 (lxi) Section 871.23(e). The expected Double Play prize pool for Double Play set prizes shall consist of 55% of each drawing period's sales. The prize payout percentage per draw may vary. The Double Play prize pool shall be carried forward to subsequent Double Play drawings if all or a portion of the percentage is not required to pay the Double Play prizes for the current Double Play Drawing and held in the Double Play Prize Pool Account.

 (lxii) Section 871.23(f). The MUSL Powerball Product Group has established the following prize pool accounts for the Double Play game:

 (1) The First Prize Pool, which is used to fund the First Prize by contributing 4.9889% of sales, fund deficiencies in the Double Play Set Prize Pool, and which shall contain all funds not used to pay a First Prize or fund deficiencies in the Double Play Set Prize Pool; and

 (2) The Double Play Set Prize Pool, which is used to fund the Double Play second through ninth prizes, and which may hold temporary balances that result from having fewer expected winners in the Double Play Set Prize categories.

 (lxiii) Section 871.23(g). The Set Prize Pool Account holds the temporary balances that may result from having fewer than expected winners in the Powerball Set Prize (aka low-tier prize) categories. The source of the Set Prize Pool is the Party Lottery's weekly prize contributions less actual Powerball Set Prize liability.

 (lxiv) Section 871.23(h). The MUSL Powerball Product Group may determine to expend all or a portion of the funds in the prize pool accounts, except the Grand Prize pool account and the Grand Prize Carry Forward Pool account, and the prize reserve accounts for the following purposes:

 (1) The Product Group may expend funds for the purpose of indemnifying the Selling Lotteries in the payment of prizes to be made by the Selling Lotteries; and

 (2) The Product Group may expend funds for the payment of prizes or special prizes in the game, limited to prize pool and prize reserve contributions from lotteries participating in the special prize promotion.

 (lxv) Section 871.23(i). If, with respect to a single Double Play drawing, the total of the Double Play set prizes exceeds the percentage of the prize pools allocated to the set prizes, the amount needed to fund those combined set prizes shall be drawn from the following sources in the following order:

 (1) The amount allocated to Double Play Set Prize Pool, if any.

 (2) An amount from the First Prize Pool, if available; and

 (3) Other amounts as agreed to by the MUSL Powerball Product Group in their sole discretion.

 (lxvi) Section 871.23(j). If the sources set forth in subsection (g) are depleted and there still are not sufficient funds to pay the set prizes for a particular Double Play drawing, the highest Double Play set prize shall become a parimutuel prize. If the amount of the highest Double Play set prize, when paid as a parimutuel prize, is less than or equal to the next highest set prize and there are still not sufficient funds to pay the remaining prizes, the next highest Double Play set prize shall become a parimutuel prize. If necessary, under the same test set forth in the preceding sentence, each succeeding set prize level shall be converted to a parimutuel prize, in order, until all set prizes become parimutuel. If all set prizes are converted to parimutuel prizes, the money available from the funding sources listed in subsection (g) shall be divided among the winning plays in proportion to their respective prize percentages.

 (lxvii) Section 871.23(k). The probability of winning is as follows:


Number of Matches Per PB Play Prize Payment
Prize Category
Probability of
Winning per Play
Five first set numbers and the Powerball number $10,000,000
Grand Prize
1:292,201,338
Five first set numbers $500,000
Second Prize
1:11,688,053.52
Four first set numbers and the Powerball number $50,000
Third Prize
1:913,129.1813
Four first set numbers $500
Fourth Prize
1:36,525.1673
Three first set numbers and the Powerball number $500
Fifth Prize
1:14,494.1140
Three first set numbers $20
Sixth Prize
1:579.7646
Two first set numbers and the Powerball number $20
Seventh Prize
1:701.3281
One first set number and the Powerball number $10
Eighth Prize
1:91.9775
None of the first set and the Powerball number $7
Ninth Prize
     1:38.3239

C. DANIEL HASSELL, 
Secretary

[Pa.B. Doc. No. 21-1291. Filed for public inspection August 13, 2021, 9:00 a.m.]



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