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PA Bulletin, Doc. No. 22-956

NOTICES

DEPARTMENT OF REVENUE

Retail Incentive Program and Related Retailer Incentive Programs and Promotions for Fiscal Year 2022-2023

[52 Pa.B. 3640]
[Saturday, June 25, 2022]

 Under the State Lottery Law (72 P.S. §§ 3761-101—3761-314) and 61 Pa. Code § 803.11 (relating to powers and duties of the Secretary of Revenue), and under Title 4, Amusements, (4 Pa.C.S. §§ 501—505) the Secretary of Revenue hereby provides public notice of the Retail Incentive Program and Related Retailer Incentive Programs and Promotions (collectively referred to as ''the Program'') for fiscal year 2022-2023.

 This notice describes the Program, including incentives, bonuses, and promotions available to Retailers throughout fiscal year 2022-2023.

 1. Effective Date: The Retail Incentive Program and related retailer incentive programs and promotions described herein are effective as of July 1, 2022.

 2. Purpose: The Pennsylvania Lottery (hereinafter referred to as ''Lottery''), hereby gives notice of the Retail Incentive Program, as provided for in 4 Pa.C.S. § 504, and of related retailer incentive programs, as provided for in 61 Pa. Code § 803.11 (relating to the powers and duties of the Secretary of Revenue), 61 Pa. Code § 819.222(b) (relating to incentives for the sale of instant tickets), 61 Pa. Code § 875.17 (relating to the sale of terminal based tickets), 61 Pa. Code § 874.17 (relating to the sale of raffle lottery games), 61 Pa. Code § 876.18 (relating to the sale of iLottery games) in order to detail programs planned by the Lottery for the fiscal year beginning July 1, 2022 and ending June 30, 2023. The Retail Incentive Program and the related retailer incentive programs and promotions, as described in this notice were developed to create a comprehensive, compensation package for Lottery Retailers and to reward them for helping the Lottery achieve its goals. Changes or additions to the Retail Incentive Program will be communicated through an amended notice published in the Pennsylvania Bulletin. Changes or additions related to the retailer incentive programs and promotions as described in this notice will be communicated through the usual methods of communication.

 3. Definitions:

 (a) Agent or Lottery Sales Agent or Retailer: A person licensed under section 305 of the State Lottery Law. For the purposes of this notice each separate Retail Location with a separate Lottery license shall be considered a separate Retailer in all respects.

 (b) Fiscal Year: For the purposes of this notice only, the accounting year used by the Lottery beginning on July 1, 2022 and ending on June 30, 2023.

 (c) Lottery or Pennsylvania Lottery: The Lottery established under the State Lottery Law.

 (d) Traditional Lottery Products: For the purposes of this notice, traditional lottery products are limited to instant lottery games, terminal-based lottery games, Fast Play games, raffle lottery games and WebCash sold by a lottery Retailer at a physical Retail Location.

 (e) Retailer in Good Standing: To be a Retailer in Good Standing, the Retailer must meet all of the following requirements:

 (1) Must be an active Retailer permitted to sell Lottery tickets.

 (2) Must be an active Retailer on the first day of the Quarter and the last day of the Quarter.

 (f) Secretary: The Secretary of Revenue of the Commonwealth.

 (g) Standard Retailer Commission: The amount of compensation provided to Retailers for selling Lottery products, as set forth in the State Lottery Law and the corresponding regulations. The current commission is defined in 61 Pa. Code § 805.10 (relating to compensation).

 (h) State Lottery Law: The Act of August 26, 1971 (P.L. 351, No. 91), known as the State Lottery Law (72 P.S. §§ 3761-101—3761-314).

 (i) Quarter: A Quarter is a period of time during the year which consists of three consecutive months and which are consistent with the descriptions below.

 (1) First quarter is the period of time beginning on July 1 and ending on September 30.

 (2) Second quarter is the period of time beginning on October 1 and ending on December 31.

 (3) Third quarter is the period of time beginning on January 1 and ending on March 31.

 (4) Fourth quarter is the period of time beginning on April 1 and ending on June 30.

 (j) Retail Location: Physical location of a Retailer, including a physical address or other designation used by the Lottery to determine the physical location of a Retailer.

 4. Program Goals: The Lottery seeks to attain the following business goals through the operation of the Program:

 (a) Adoption of Lottery Best Practices: The Lottery has identified certain best practices as described in section 5, below, and desires to encourage the adoption of these best practices by all Retailers.

 (b) Increasing Retailer Sales: Traditional Lottery Products can only be sold at physical, Retail Locations and the Lottery desires to award Retailers who increase their sales for the benefit of older Pennsylvanians through the Retail Incentive Program, retailer incentive programs and promotions.

 (c) Encouraging Retailers to Engage in Specific Best Practices: The Lottery has undertaken to establish the Lottery Best Practices Initiatives as identified in section 9, below, in select Retail Locations throughout the Commonwealth that elect to do so through the Program.

 (d) Rewarding Retailers: The Lottery has established an aggressive bonus program under the Sales Growth Incentive Program as described in section 8, below, for Retailers who increase their sales proportionately with the overall increase in sales goals the Lottery has established for fiscal year 2022-2023.

 5. Lottery Best Practices:

 (a) Lottery has identified the following ten best practices that Lottery Retailers are encouraged to adopt and adhere to in order to maximize Lottery sales and player engagement with Traditional Lottery Products at Retail Locations.

 (1) Ask for the Sale: Retailers can maximize their Traditional Lottery Product sales and player engagement by encouraging customers to buy Traditional Lottery Products.

 (2) Keep Lottery Fresh and Clean: Retailers can maximize their sales of Traditional Lottery Products and player engagement by maintaining and keeping clean the area of their establishment in which Traditional Lottery Products are sold and displayed.

 (3) Know Lottery Products: Retailers can maximize their Traditional Lottery Product sales and player engagement by being knowledgeable about the wide variety of Traditional Lottery Products.

 (4) Pay Winning Tickets: Retailers can maximize their Traditional Lottery Product sales and player engagement by paying winning Lottery tickets of $2,500, or less, that players present at their Retail Locations.

 (5) Post Winning Tickets: Retailers can maximize their Traditional Lottery Product sales and player engagement by posting winning tickets sold at their Retail Locations.

 (6) Maintain Inventory: Retailers can maximize their Traditional Lottery Product sales and player engagement by maintaining their inventory of Traditional Lottery Products, specifically scratch-off tickets, and by introducing new Traditional Lottery Products promptly upon issuance.

 (7) Post Jackpot Amounts: Retailers can maximize their Traditional Lottery Product sales and player engagement by posting jackpot amounts prominently in places where they are highly visible to customers.

 (8) Make Lottery Visible: Retailers can maximize their Traditional Lottery Product sales and player engagement by making Traditional Lottery Products easily visible in their Retail Locations.

 (9) Display Indoor Signs: Retailers can maximize their Traditional Lottery Product sales and player engagement by posting Lottery signs and advertisements inside of their Retail Locations.

 (10) Display Outdoor Signs: Retailers can maximize their Traditional Lottery Product sales and player engagement by posting Lottery signs and advertisements outside of their Retail Locations.

 (b) To meet the goals of the Lottery and to encourage the Lottery Best Practices described in section 5(a), above, the Lottery provides each Retailer with Lottery-owned equipment and advertising materials based upon the individual retail environment.

 6. Program Requirements:

 (a) Unless otherwise stated in this notice, to participate in the Program, the Retailer must be a Retailer in Good Standing.

 (b) The determination of a Retailer's eligibility for participation will be made at the end of each Quarter of the Program for the fiscal year beginning on July 1, 2022 and ending on June 30, 2023.

 (1) The determination will be made based on the information in the Lottery's financial accounting system for the Retailer and the status of the Retailer's license as of September 30, 2022 for the first quarter.

 (2) The determination will be made based on the information in the Lottery's financial accounting system for the Retailer and the status of the Retailer's license as of December 31, 2022 for the second quarter.

 (3) The determination will be made based on the information in the Lottery's financial accounting system for the Retailer and the status of the Retailer's license as of March 31, 2023 for the third quarter.

 (4) The determination will be made based on the information in the Lottery's financial accounting system for the Retailer and the status of the Retailer's license as of June 30, 2023 for the fourth quarter.

 (c) A Retailer may be eligible to participate in and receive the incentives provided in section 8, below, for each Quarter in which the Retailer satisfies the eligibility requirements of this section and the requirements of section 8.

 (d) A Retailer may be eligible to participate in and receive the incentives provided in section 9, below, one time during the Fiscal Year if the Retailer satisfies the eligibility requirements of this section and the requirements of section 9 and is approved for participation.

 (e) A Retailer is only eligible for participation in the Program for those Quarters in which the Retailer remains eligible for the entire Quarter. Failure to maintain the requirements of a Retailer in Good Standing for any reason for any Quarter shall preclude the Retailer from receiving any payment or payments that the Retailer would otherwise be entitled to for that Quarter.

 (f) The final determination of a Retailer's eligibility will be made by the Secretary, whose judgment will be final and binding.

 7. How to Enroll:

 (a) Licensed Retailers are automatically enrolled in the Sales Growth Incentive Program as described in section 8, below, and the Quarterly Retailer Incentive Promotions as described under section 10 of this notice.

 (b) Retailers who do not wish to participate in the Sales Growth Incentive Program must sign a form indicating that the Retailer understands and acknowledges that the Retailer will not receive incentives as described under section 8 of this notice.

 (c) Participation in the Lottery Best Practices Initiatives is voluntary on the part of each Retailer and requires the Retailer to opt-in as described in this notice.

 (d) Retailers who wish to enroll in one or more of the Lottery Best Practices Initiatives are responsible for:

 (1) Reading and understanding this notice;

 (2) Reading any Lottery materials describing the Lottery Best Practices Initiatives; and

 (3) Communicating interest in participation in one or more of the Lottery Best Practices Initiatives to the Lottery through their Lottery Sales Representative or by emailing the Lottery at PALotteryRetailIncentive@pa.gov.

 8. Sales Growth Incentive Program: Retailers may qualify for a Sales Growth Incentive, in addition to the Standard Retailer Commission, by meeting the requirements of this section.

 (a) The Lottery will establish a sales baseline for each Retailer.

 (1) For a Retailer existing in fiscal year 2021-2022, the Lottery will establish a sales baseline for each Retailer based on that Retailer's fiscal year 2021-2022 sales for each Quarter that the Retailer is eligible for the Sales Growth Incentive Program under sections 6 and 7 of this notice.

 (2) If the Retail Location was not licensed as a Retailer in fiscal year 2021-2022, the Lottery will establish a sales baseline for that Retailer for each Quarter that the Retailer is eligible for the Sales Growth Incentive Program under sections 6 and 7 of this notice. The Lottery may consider any relevant factors to determine the sales baseline.

 (3) If the Retailer was not a licensed Retailer for the entirety of any Quarter in fiscal year 2021-2022, the Lottery will establish a sales baseline for that Retailer for the corresponding Quarter based on sales at the Retail Location for the same Quarter in fiscal year 2021-2022.

 (b) Sales baseline figures may account for periods in which the Retailer did not have Traditional Lottery Product sales but met the definition of Retailer in Good Standing.

 (c) Each Retailer shall be provided with their sales baseline figures and sales goals by the Lottery in writing.

 (d) A Retailer who exceeds their prior year sales figure by at least 0.01%, but not more than 3.99%, for any Quarter in the Fiscal Year to which this notice applies, shall be awarded an additional 0.75% incentive above the Standard Retailer Commission. For example, assuming that the Retailer has met all other requirements of this notice, a Retailer with a sales baseline of $100,000 for a Quarter, who raises their sales by 0.01% to $100,010, shall be entitled to the Sales Growth Incentive of 0.75% in addition to the Standard Retailer Commission and will be entitled to a Sales Growth Incentive payment of $750.08. With the Standard Retailer Commission of $5,000.50 on sales of $100,010, the Retailer would receive a total payment of $5,750.58 for that Quarter.

 (e) A Retailer who exceeds their sales baseline figure for any Quarter by at least 4% shall be awarded an additional 1.50% incentive above the Standard Retailer Commission. For example, assuming that the Retailer has met all other requirements of this notice, a Retailer with a sales baseline of $100,000 for a Quarter, who raises their sales by 4% to $104,000, shall be entitled to a 1.50% incentive in addition to the Standard Retailer Commission and will be entitled to Sales Growth Incentive payment of $1,560. With the Standard Retailer Commission of $5,200 on sales of $104,000, the Retailer would receive a total payment of $6,760 for that Quarter.

 (f) A Retailer shall not receive an incentive above 1.50% for any Quarter under section 8 of this notice.

 9. Lottery Best Practices Initiatives:

 (a) Qualifying Retailers: In order to participate in one or more of the Lottery Best Practices Initiatives as described below, the Retailer must meet the eligibility requirements as set forth in section 6 of this notice. Only Retailers who agree to participate and are approved by the Lottery shall be eligible for the Lottery Best Practices Initiatives. Retailers that are engaging in the best practices or who have already received Lottery-owned equipment or materials listed below are not eligible to participate in the applicable initiatives unless they are increasing their level of engagement relative to a specific initiative.

 (b) Levels of Participation: Consistent with the Lottery's objectives, qualifying Retailers will fall into one of three levels for participation in the Lottery Best Practices Initiatives, as follows:

 (1) Level 1 Retailer: A Retailer that has a Quarterly average of $90,000 or more in sales of Traditional Lottery Products for the fiscal year beginning on July 1, 2021 and ending on June 30, 2022 or a Retailer that is part of a Retail Chain as defined by the Pennsylvania Lottery.

 (2) Level 2 Retailer: A Retailer that has a Quarterly average of less than $90,000 in sales of Traditional Lottery Products for the fiscal year beginning on July 1, 2021 and ending on June 30, 2022.

 (3) Level 3 Retailer: A Retailer that meets all of the following criteria:

 (i) The prospective Retailer submitted a complete application, in addition to any other forms and agreements that must be completed by prospective Retailers, to become a Lottery Retailer during: the third quarter of fiscal year 2021-2022; the fourth quarter of fiscal year 2021-2022; or fiscal year 2022-2023.

 (ii) The proposed Retail Location was not a licensed Retailer in fiscal year 2021-2022.

 (iii) The application is approved by the Lottery in fiscal year 2022-2023.

 (c) Enrollment in the Lottery Best Practices Initiatives: A Retailer who wants to participate in one or more of the Lottery Best Practices Initiatives must opt-in by April 1, 2023.

 (d) Schedule for Delivery of Materials and Equipment: For each Retailer that has opted-in to one or more of the Lottery Best Practices Initiatives and has been approved for participation, the Lottery will determine when the materials or Lottery-owned equipment, as applicable, for each of the Lottery Best Practices Initiatives will be delivered. Delivery and installation dates will be scheduled at the Lottery's discretion. Delivery and installation dates may occur in the subsequent fiscal year.

 (e) Lottery Best Practices Initiatives:

 (1) The following Lottery Best Practices Initiatives are available to Level 1 Retailers upon approval for participation by the Lottery:

 (i) Increased Counter Facings Initiative:

 (A) Level 1 Retailers are required to increase their counter facings by 12 and agree to maintain the display in such a way as to prevent anything from impeding the view of the increased facings.

 (B) Level 1 Retailers are eligible to receive a one-time payment of $500 following agreement and approval to participate in the Increased Counter Facings Initiative for Level 1 Retailers.

 (ii) Designated Lottery Space Initiative:

 (A) Level 1 Retailers that agree to participate in the Designated Lottery Space Initiative must create and maintain a physical location within the Retail Location designated for customers to play the lottery and agree to install and maintain the Lottery-owned equipment.

 (B) Level 1 Retailers are eligible to receive a one-time payment of $350 following agreement and approval to participate in the Designated Lottery Space Initiative for Level 1 Retailers.

 (iii) Winner Awareness Area Initiative:

 (A) Level 1 Retailers that agree to participate in the Winner Awareness Area Initiative must create and maintain a physical location within the Retail Location, of a minimum of 6 square feet, designated to display winning tickets paid by the Retailer and must update the area with tickets paid by the Retailer on a monthly basis.

 (B) The Lottery will provide the Retailer with the materials necessary to display winning tickets.

 (C) Level 1 Retailers are eligible to receive a one-time payment of $350 following agreement and approval to participate in the Winner Awareness Initiative for Level 1 Retailers.

 (iv) Signage Initiative:

 (A) Level 1 Retailers that agree to participate in the Signage Initiative must increase and maintain the amount of Lottery provided indoor and outdoor signage displayed at the Retail Location above the amount the Retailer displays prior to agreeing to participate in the Signage Initiative.

 (B) Level 1 Retailers are eligible to receive a one-time payment of $350 following agreement and approval to participate in the Signage Initiative for Level 1 Retailers.

 (v) Second-Chance Drawing Initiative:

 (A) A Level 1 Retailer that agrees to participate in the Second-Chance Drawing Initiative must conduct a Second-Chance Drawing during the Fiscal Year.

 (B) To conduct a Second-Chance Drawing, Level 1 Retailers must conduct a drawing for Lottery players in which they randomly select one or more winners. The Retailer shall receive at least $100 worth of Lottery coupons or promotional tickets to support the drawing.

 (C) Level 1 Retailers that agree to participate in the Second-Chance Drawing Initiative must also supply a prize, not otherwise prohibited by law that matches or exceeds the monetary value of the Lottery coupons or promotional tickets provided to support the drawing. The prize supplied by the Retailer may be made using money, merchandise or any other item of value provided by the Retailer.

 (D) Level 1 Retailers are eligible to receive the Lottery coupons or promotional tickets following agreement and approval to participate in the Second-Chance Drawing Initiative for Level 1 Retailers.

 (E) Level 1 Retailers that participate in the Second-Chance Drawing Initiative are responsible for developing and communicating the rules for the Second-Chance Drawings conducted by the Retailer. Retailers who participate in the Second-Chance Drawing Initiative are responsible for implementing and adhering to the rules that they develop for the Second-Chance Drawings they conduct. The Lottery does not administer and is not responsible for the conduct or the outcome of the Second-Chance Drawings as described in this notice.

 (F) The Lottery will only support one Second-Chance Drawing for each qualifying and approved Level 1 Retailer.

 (vi) All-In Initiative:

 (A) Level 1 Retailers that agree to participate in the All-In Initiative must conduct each of the Lottery Best Practices Initiatives as described in section 9(e)(1)(i)—(v) for Level 1 Retailers.

 (B) Level 1 Retailers are eligible to receive a one-time total payment of $2,000, which includes a $450 All-In Initiative bonus, as well as up to $100 worth of Lottery coupons or promotional tickets used to support the Second-Chance Drawing Initiative, following agreement and approval to participate in the All-In Initiative for Level 1 Retailers.

 (2) The following Lottery Best Practices Initiatives are available to Level 2 Retailers upon approval by the Lottery:

 (i) Ask for the Sale Initiative:

 (A) A Level 2 Retailer that agrees to participate in the Ask for the Sale Initiative must conduct an Ask for the Sale promotion at the Retail Location once during the Fiscal Year.

 (B) To conduct an Ask for the Sale promotion, the Level 2 Retailer must agree to ask every customer to purchase a Lottery ticket during the agreed upon time frame and must display Lottery provided materials advertising the promotion.

 (C) Level 2 Retailers shall receive up to $100 worth of Lottery coupons or promotional tickets to support the promotion by awarding any player not asked to purchase a Lottery ticket, a Lottery coupon or promotional ticket.

 (D) Level 2 Retailers who opt-in to the Second-Chance Drawing Initiative as described in section 9(e)(2) are not eligible for the Ask for the Sale Initiative.

 (ii) Second-Chance Drawing Initiative:

 (A) Level 2 Retailers that agree to participate in the Second-Chance Drawing Initiative must conduct a Second-Chance Drawing during the Fiscal Year.

 (B) To conduct a Second-Chance Drawing, Retailers must conduct a drawing for Lottery players in which they randomly select one or more winners. The Retailer shall receive at least $100 worth of Lottery coupons or promotional tickets to support the drawing.

 (C) Level 2 Retailers are eligible to receive Lottery coupons or promotional tickets following agreement and approval to participate in the Second-Chance Drawing Initiative for Level 2 Retailers.

 (D) Level 2 Retailers who participate in the Second-Chance Drawing Initiative are responsible for developing and communicating the rules for the Second-Chance Drawings conducted by the Retailer. Retailers who participate in the Second-Chance Drawing Initiative are responsible for implementing and adhering to the rules that they develop for the Second-Chance Drawings they conduct. The Lottery does not administer and is not responsible for the conduct or the outcome of the Second-Chance Drawings as described in this notice.

 (E) Level 2 Retailers are not eligible to participate in the Second-Chance Drawing Initiative if the same Retailer opted-in and was approved for the Ask for the Sale Initiative as described in this notice.

 (F) The Lottery will only support one Second-Chance Drawing for each qualifying and approved Level 2 Retailer.

 (3) Level 3 Retailers are eligible for the Prospective Social Environment Retail Recruitment Initiative as described below, upon approval of the Lottery:

 (i) Level 3 Retailers that agree to participate in the Prospective Social Environment Retail Recruitment Initiative must meet the requirements of a Level 3 Retailer as described in section 9(b)(3).

 (ii) Level 3 Retailers that agree to participate in the Prospective Social Environment Retail Recruitment Initiative must agree to the installation of Lottery-owned equipment, as recommended by the Lottery for the specific Retail Location. Required Lottery-owned equipment includes, but is not limited to, at least two monitors for the display of certain terminal-based Lottery games, commonly referred to as monitor games.

 (iii) Level 3 Retailers that agree to participate in the Prospective Social Environment Retail Recruitment Initiative must be a Retailer in Good Standing for 6 months following the installation of the Lottery-owned equipment.

 (iv) Level 3 Retailers that agree to participate in the Prospective Social Environment Retail Recruitment Initiative must keep the Lottery-owned equipment installed and operational for 6 months following the installation of the Lottery-owned equipment.

 (v) Level 3 Retailers are eligible to receive a one-time payment of $500 for each monitor installed, following agreement and approval to participate in the Prospective Social Environment Retail Recruitment Initiative.

 (vi) All Lottery-owned equipment to be installed shall be determined by the Lottery. Level 3 Retailers may request certain equipment be placed in their Retail Location. The ultimate decision as to the type of Lottery-owned equipment, number of monitors, and the like, that will be placed in a Retail Location is at the sole discretion of the Lottery.

 (vii) Level 3 Retailers who agree to participate in the Prospective Social Environment Retail Recruitment Ini-tiative must acknowledge and agree to the terms of the Prospective Social Environment Retail Recruitment Initiative. The Lottery is authorized to deduct $500 for each monitor installed from the Retailer's bank account as part of the Retailer's weekly settlement process if the Retailer fails to have the Lottery-owned equipment installed and operational for a period of 6 months from the date of installation or if the Retailer fails to maintain its status as a Retailer in Good Standing.

 (f) If a Level 2 Retailer reaches the thresholds of a Level 1 Retailer in Traditional Lottery Product sales for either the first or second quarter during the Fiscal Year, the Retailer may apply for the respective Lottery Best Practices Initiatives for the newly achieved Retailer level. If approved by the Lottery for participation in the specific Lottery Best Practices Initiatives, the Retailer shall be entitled to the same cash payment, if any, associated with the specific Lottery Best Practices Initiatives participated in by the Retailer.

 (g) Not withstanding any other provision of this notice, the Lottery may determine, in its sole discretion, that every Retailer in the Retail Chain is eligible for the Lottery Best Practice Initiatives set forth in 9(e)(1)(i)—(vi). Retail Chain shall be defined as Retailers who have five (5) or more locations under the same employee identification number and has been designated as a corporate chain by the Lottery.

 10. Quarterly Retailer Incentive Promotions:

 (a) The Lottery will conduct Quarterly incentive promotions that provide Retailers with an opportunity to earn a reward by conducting various promotions related to the sale of Traditional Lottery Products.

 (b) The Lottery will advise Retailers of the Quarterly incentive promotions through Lottery sales-terminal messages, information provided by Lottery Sales Representatives and information provided on the Retailer's Corner of the Lottery web site, https://www.palottery.state.pa.us/About-PA-Lottery/For-Retailers/Current-Retailers.aspx.

 (c) The rewards to Retailers issued through the Quarterly incentive promotions may include, but are not limited to, bonus commissions and entries into drawings.

 11. Funds for the Retail Incentive Program: For fiscal year 2022-2023 the Pennsylvania Lottery caps expenditures of the Sales Growth Incentive Program as described in section 8, above, the Lottery Best Practices Initiatives as described in section 9, above, and the Quarterly Retailer Incentive Promotions as described in section 10, above, to the statutory requirement of 0.5% of the sale of Traditional Lottery Products at Retail Locations within fiscal year 2021-2022 as required pursuant to 4 Pa.C.S. § 504(b).

 12. Nonlapse: Amounts remaining in the Retail Incentive Program at the end of the Fiscal Year shall not lapse, but shall be used to fund retail sales initiatives including, but not limited to, new equipment, signage, training, coupons, consumer and agent in-store promotions and sales makeovers that are designed to improve in-store merchandising, foot traffic and sales as determined by the Lottery.

 13. Retailer Incentive Programs and Promotions:

 (a) The Pennsylvania Lottery is authorized to offer retailer incentive programs and promotions pursuant to 61 Pa. Code § 811.41. Any expenditures for the Program incurred by the Lottery that exceed the limit set forth at 4 Pa.C.S. § 504(b) in section 11, above, will be attributed to retailer incentive programs and promotions authorized pursuant to 61 Pa. Code § 811.41.

 (b) The Retail Incentive Program will run concurrently and in conjunction with the retailer incentive programs and promotions described in this notice.

 14. Payments: Payments due to Retailers pursuant to the requirements of the Retail Incentive Program and the related retailer incentive programs and promotions described in this notice will be credited to the Retailer at a time or times determined by the Lottery.

 15. Applicability: This notice applies only to the Retail Incentive Program for the fiscal year beginning on July 1, 2022 and ending on June 30, 2023 and the related retailer incentive programs and promotions described in this notice. Additional related retailer incentive programs, promotions and customer referral programs may be conducted throughout the Fiscal Year pursuant to the State Lottery Law and corresponding regulations and will be communicated through normal methods of communication.

C. DANIEL HASSELL, 
Secretary

[Pa.B. Doc. No. 22-956. Filed for public inspection June 24, 2022, 9:00 a.m.]



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