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PA Bulletin, Doc. No. 18-543

NOTICES

DEPARTMENT OF REVENUE

Internet Instant Games

[48 Pa.B. 2027]
[Saturday, April 7, 2018]

 Under the State Lottery Law (72 P.S. §§ 3761-101—3761-314) Title 4 Amusements (4 Pa.C.S.A. §§ 501—505) and 61 Pa. Code § 876.3 (relating to notice of iLottery game rules), the Secretary of Revenue hereby provides public notice of the rules for internet instant games of the iLottery category of games:

 1. iLottery. iLottery games is a category of games offered by the Pennsylvania Lottery which are played on the internet and through mobile sites, services, applications or platforms, including Pennsylvania Lottery's Official Mobile App. iLottery games can be played on a variety of devices that connect to the internet, and offer registered iLottery players a chance to win prizes based on the amount played for any individual game. iLottery games include internet instant games.

 2. Definitions. The words and terms, when used in this notice, have the meanings ascribed to them under 61 Pa. Code § 876.2 (relating to definitions), unless the context clearly indicates otherwise.

 3. Operation of internet instant games.

 (a) Internet instant games give registered iLottery players the opportunity to win one prize per play.

 (b) Internet instant games are games of chance the outcomes of which are determined by a random number generator.

 (c) The outcome of an internet instant game is determined at the time the registered iLottery player purchases a play. Player selections, actions or choices in iLottery games do not affect the outcome of the game or the prize won.

 4. Eligibility Requirements. To be eligible to participate in iLottery and purchase plays for internet instant games, a person must meet all of the following requirements:

 (a) A person must become a registered iLottery player by establishing a lottery account with the Lottery through the Pennsylvania Lottery's iLottery website at http://www.PAiLottery.com, or by downloading the Pennsylvania Lottery's Official Mobile App.

 (b) A registered iLottery player must be 18 years of age, or older.

 (c) A registered iLottery player must be located within the physical boundaries of the Commonwealth of Pennsylvania to purchase a play.

 (d) A registered iLottery player must agree to the terms and conditions for registration and participation in iLottery.

 (e) A registered iLottery player shall abide by all other requirements of 4 Pa.C.S.A. §§ 501—505, as well as any regulations promulgated thereunder.

 5. Purchase Price. The purchase price for a single play in any individual internet instant game is determined by the game selected. The purchase price for a play will range from $0.01 to $30. To determine the price of a play in any specific internet instant game, registered iLottery players should refer to that game's description, as provided for in section 12 (relating to location of individual game description).

 6. Procedures for Purchasing a Play.

 (a) To purchase a play, registered iLottery players must have a valid lottery account, as referenced in section 4(a) (relating to eligibility requirements).

 (b) Registered iLottery players must fund the player's lottery account with money from an approved payment provider, as further detailed on PAiLottery.com or through the iLottery section in the Official PA Lottery Mobile App.

 (c) Registered iLottery players may purchase a play using the player's own money, or using bonus or promotional money provided to the registered iLottery player by the Lottery at the Lottery's discretion, which is deposited into the player's lottery account.

 7. Procedures for Claiming and Payment of Prizes.

 (a) After purchasing a play for a specific internet instant game, the registered iLottery player must follow the instructions provided for that internet instant game to reveal whether a prize is awarded.

 (b) Prizes won by playing internet instant games will be deposited into the registered iLottery player's lottery account and may be withdrawn from the player's account at the player's discretion, and as further detailed in the iLottery terms and conditions.

 (c) The Lottery will report taxable events to the relevant taxing authorities based on established statutory thresholds and registered iLottery players will have the ability to view and print their tax statements within the registered iLottery player's lottery account.

 (d) State and Federal withholding taxes, as further provided in section 10 (relating to withholding), will be automatically deducted from prizes meeting established statutory thresholds, and shall be remitted to the appropriate taxing authorities as required by law.

 (e) Statutorily required offsets under 23 Pa.C.S.A. § 4308 (relating to lottery winnings intercept) and 72 P.S. § 215 (relating to lottery winnings intercept) shall be automatically deducted from prizes meeting statutory thresholds, and shall be paid to the relevant agencies as required by law.

 8. Funding for Prizes.

 (a) Moneys will be drawn from the State Lottery Fund, to the extent necessary, to fund the payment of prizes.

 (b) If the internet instant game is terminated for any reason, prize moneys remaining undistributed will remain in the State Lottery Fund and used for purposes otherwise provided for by law.

 9. Unclaimed Prizes. For a period of 1 year from the date on which an internet instant prize is won, prize money from a winning play will be retained by the Secretary for payment to the person entitled thereto. If no claim is made within 1 year of the date on which a prize is won, the right of a player to claim the prize, if any, will expire and the prize money will be paid into the State Lottery Fund and used for purposes provided for by statute.

 10. Withholding. State and Federal withholding taxes will be withheld by the Lottery for prize payments in amounts required in accordance with applicable provisions of law.

 11. Purchase and Prize Restrictions.

 (a) A play may not be purchased by, and a prize will not be paid to, any individual failing to meet any of the requirements of section 4 (relating to eligibility requirements).

 (b) A play may not be purchased by, and a prize will not be awarded to, an officer or employee of the Lottery, Lottery professional services contractors or subcontractors who are directly involved in the operation of iLottery and the provision of iLottery related services, or to a spouse, child, brother, sister or parent residing in the same household of the officer, employee, contractor, or subcontractor.

 (c) During any period of self-exclusion as provided for under 61 Pa. Code § 876.16 (relating to self-exclusion from iLottery), no self-excluded registered iLottery player shall purchase plays, deposit or withdraw funds from the registered iLottery player's account or otherwise participate in iLottery and iLottery promotions prior to the conclusion of the self-exclusion period.

 (d) A registered iLottery player may be prohibited from purchasing plays, depositing or withdrawing money from the player's account or otherwise participating in iLottery and iLottery promotions subject to any responsible gambling limits as set forth in the iLottery terms and conditions and as selected by the registered iLottery player, including deposit limits, spend limits, time-related limits or lottery account access limits.

 12. Location of Individual Game Description. The description of each individual internet instant game, as required by 61 Pa. Code § 876.4 (relating to iLottery game description), as well as the instructions for playing each individual internet instant game, will be posted to the Pennsylvania Lottery's iLottery website.

 13. Governing Law. By registering to participate in iLottery, the registered iLottery player agrees to comply with and abide by Federal and State law, the iLottery regulations, applicable game rules, the terms and conditions for registration and participation in iLottery, and final decisions of the Secretary.

 14. Termination of the Game. The termination of specific internet instant games, or of the iLottery category of games, will be communicated through the Pennsylvania Lottery's Official website.

 15. Applicability.

 (a) This notice applies only to iLottery games and internet instant games as offered by the Lottery.

 (b) Internet instant games are only offered through PAiLottery.com and the Pennsylvania Lottery's Official Mobile App.

 (c) Internet instant games are not available through Lottery retailers.

C. DANIEL HASSELL, 
Secretary

[Pa.B. Doc. No. 18-543. Filed for public inspection April 6, 2018, 9:00 a.m.]



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