CHAPTER 48:01:04
INSTANT LOTTERY GAMES
Section
48:01:04:01 Types of instant games and selection of winning tickets.
48:01:04:02 Publication of printed promotional material.
48:01:04:03 Unplayable portions of ticket.
48:01:04:04 Ticket play to be by chance.
48:01:04:05 Ticket validation requirements.
48:01:04:06 Replacement of invalid or defective ticket.
48:01:04:07 Deadline for claiming prizes.
48:01:04:08 Entry in instant game drawing process.
48:01:04:09 Procedure for instant game drawings.
48:01:04:10 Highest instant prize to be paid.
48:01:04:11 Procedure for claiming prize of $100 or less.
48:01:04:12 Procedure for claiming prize of more than one hundred dollars.
48:01:04:13 Acceleration of payment prohibited.
48:01:04:14 Replacement of disputed ticket.
48:01:04:15 Ownership of ticket -- Payment of prize.
48:01:04:16 Prizes claimed in error.
48:01:04:16.01 Disclosure of winner.
48:01:04:17 End of game.
48:01:04:01. Types of instant games and selection of winning tickets. The instant game is played by scratching the latex covering off the front of a ticket to expose the play symbols underneath. Instant games shall use one of the following methods to select winning tickets:
(1) Match three play symbols;
(2) Match two play symbols and have a third prescribed play symbol;
(3) Match three play symbols or match two play symbols and have a third prescribed play symbol;
(4) Add a series of numeric play symbols to arrive at a sum and match that sum with a prescribed number or value;
(5) Add a series of numeric play symbols to arrive at a sum and match that sum with another play symbol;
(6) Add a series of numeric play symbols to arrive at a sum and exceed a prescribed number or value;
(7) Add a series of numeric play symbols to arrive at a sum and exceed another play symbol;
(8) Add a series of numeric play symbols or play symbols having a given numeric value to arrive at a sum and exceed a sum arrived at by adding another series of numeric play symbols or play symbols having a given numeric value;
(9) Find a sequence of numbers or play symbols in a prescribed order;
(10) Collect a series of prescribed play symbols; and
(11) Find a number or symbol within a prescribed range of numbers or symbols.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 20 SDR 166, effective April 12, 1994.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:02. Publication of printed promotional material. The executive director shall publish printed promotional material or have printed on the ticket for each instant game information which includes the following:
(1) The number of play areas;
(2) The number and type of play symbols and play symbol captions;
(3) The method of determining winning tickets;
(4) The types of prizes;
(5) The odds of winning; and
(6) The method of redeeming winning prizes.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-8(8), 42-7A-21(2)(3)(4)(17).
Law Implemented: SDCL 42-7A-8(8), 42-7A-21(2)(3)(4)(17).
48:01:04:03. Unplayable portions of ticket. Any portion of a ticket which contains extraneous matter that is not part of the ticket's design or any flaw which renders the ticket unreadable is considered to be unplayable.
Source: 14 SDR 53, effective October 11, 1987; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-4(1), 42-7A-21(2)(4)(17).
Law Implemented: SDCL 42-7A-4(1), 42-7A-21(2)(4)(17).
48:01:04:05. Ticket validation requirements. To be a valid ticket, all requirements unique to a particular instant game and all of the following requirements must be met:
(1) Play symbols, play symbol captions, the retailer validation code, and the validation number must be printed on the ticket in gray-black ink;
(2) The pack-ticket number must be printed on the ticket;
(3) Only one play symbol may appear under each play area;
(4) Only one play symbol caption may appear under each play area and beneath each play symbol;
(5) Only one validation number may appear on the front of each ticket;
(6) Exactly one play symbol must appear under each of the play areas on the front of the ticket;
(7) Each of the play symbols must have a play symbol caption underneath, and each play symbol must agree with its play symbol caption;
(8) Each of the play symbols must be present in its entirety and be fully legible;
(9) Each of the play symbol captions must be present in its entirety and be fully legible;
(10) The ticket must be intact;
(11) The pack-ticket number, retailer validation code, bar code, and validation number must correspond to the lottery's codes and all validation requirements for determining a winning ticket;
(12) No ticket may have a hole punched through the play area or be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;
(13) No ticket may be counterfeit in whole or in part;
(14) The ticket must have been issued by the lottery in a manner authorized by SDCL chapter 42-7A and this title;
(15) No ticket may be stolen or appear on any list of omitted tickets on file at the lottery;
(16) The play symbols, the play symbol captions, the retailer validation code, the pack ticket number, and the validation number must be right-side-up and not reversed in any manner;
(17) The ticket must be complete and not miscut and must have the appropriate bar codes, exactly one pack-ticket number, one validation number, one retailer validation code, and the specified number of play symbols, with confirming play symbol captions;
(18) The validation number of an apparent winning ticket must appear on the lottery's official list of validation numbers of winning tickets, and a ticket with that validation number may not have been previously paid;
(19) No ticket may be blank or partially blank, misregistered, defective, or printed or produced in error;
(20) Each of the play symbols and play symbol captions, the pack-ticket number, the retailer validation code, the bar codes, and the validation number on the ticket must correspond precisely to the executed working papers corresponding to that instant game on file at the state lottery office;
(21) The display printing on the ticket must be regular in every respect and correspond precisely to the executed working papers corresponding to that instant game on file at the state lottery office; and
(22) The ticket must pass all additional confidential validation tests of the lottery.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 20 SDR 166, effective April 12, 1994; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-4(1)(4), 42-7A-21(2)(4)(17).
Law Implemented: SDCL 42-7A-4(1)(4), 42-7A-21(2)(4)(17).
48:01:04:06. Replacement of invalid or defective ticket. Any ticket not passing all the validation requirements unique to a particular instant game and those listed in § 48:01:04:03 is void and no prize may be paid. The executive director may, at the executive director's option, replace an invalid ticket with an unplayed ticket in that instant game or a ticket of equivalent sales price from any other current instant game. If a defective ticket is purchased, the only responsibility or liability of the lottery commission or executive director is the replacement of the defective ticket with another unplayed ticket in that instant game or a ticket of equivalent sales price from any other current instant game. This is the sole remedy of a player.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-21(2)(3)(4)(17).
Law Implemented: SDCL 42-7A-21(2)(3)(4)(17).
48:01:04:07. Deadline for claiming prizes. All instant game prizes must be claimed within 180 days of the announced end of the game or, in the case of a drawing prize, within 180 days after the drawing in which the prize was won. Any prize not claimed within the 180 days is forfeited.
Source: 14 SDR 53, effective October 11, 1987.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:08. Entry in instant game drawing process. Any instant game may include a drawing process in which cash or merchandise prizes are awarded. The means of entering and the prizes to be awarded shall be published in promotional material for the game.
Nonconforming and invalidated entries shall be disqualified.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:09. Procedure for instant game drawings. Instant game drawing winners shall be randomly selected pursuant to the drawing procedures approved by the executive director, which shall include the following:
(1) The time and place of the drawing;
(2) The number of drawings and prizes awarded;
(3) The form of entry;
(4) The type of drawing equipment;
(5) The appointment of a drawing manager and security official to examine, test, secure, and operate the drawing equipment;
(6) The random selection of preliminary and final entries;
(7) The appointment of a drawing auditor to oversee that all rules and drawing requirements are met;
(8) The electronic recording of the drawings; and
(9) The written certification to the executive director of winning entries and drawing requirements.
Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-21(1)(2)(4)(17).
Law Implemented: SDCL 42-7A-21(1)(2)(4)(17).
48:01:04:11. Procedure for claiming prize of $100 or less. To claim an instant game cash prize of $100 or less, a player must either present the winning ticket to any instant game retailer or mail or hand deliver the winning ticket to the lottery. The retailer shall verify the claim and, if valid, pay the amount due to the player. The retailer shall physically void the ticket. If the retailer does not verify the claim, the player shall fill out a claim form obtained from the retailer and present the completed form, together with the disputed ticket, to the lottery for validation. If the claim is validated by the lottery, a check in the amount due shall be forwarded to the player. If the claim is not validated by the lottery, the claim shall be denied and the player shall be notified of the denial.
Source: 14 SDR 53, effective October 11, 1987; 20 SDR 166, effective April 12, 1994.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:12. Procedure for claiming prize of more than one hundred dollars. To claim an instant game prize of:
(1) More than five thousand and one dollars or any noncash prize, a player shall complete the back of the winning ticket and fill out a claim form obtained from any retailer and either mail or hand deliver the completed form, together with the winning ticket, to the lottery for validation; or
(2) More than one hundred dollars but less than five thousand and one dollars, the claimant shall either:
(a) Use an electronic device to either scan the barcode on the ticket, or enter the ticket information as instructed by the lottery; or
(b) Complete the back of the winning ticket and fill out a claim form obtained from any retailer and either mail or hand deliver the completed form, together with the winning ticket, to the lottery for validation.
If the lottery determines that the ticket is a winning ticket, the lottery must process payment for the payment due, less any withholding required by federal laws and SDCL 42-7A-52. If the ticket is not a winning ticket, the lottery must deny the claim and the claimant must be promptly notified.
Source: 14 SDR 53, effective October 11, 1987; 20 SDR 166, effective April 12, 1994; 51 SDR 55, effective November 18, 2024.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21, 42-7A-23.
48:01:04:13. Acceleration of payment prohibited. The payment of prize money may not be accelerated before its normal date of payment except in the event of the death of a prize winner during the annuity payment period. The commission, in its sole discretion and upon the petition of the estate of the prize winner, may accelerate the payment of all remaining prize proceeds to the estate. If the commission approves the request, the securities or cash, or both, held for the deceased prize winner which represents the present value of the portion of the future prize payments to be accelerated shall be distributed to the estate. The commission is solely responsible for the valuation of the securities and determination of the present value of the accelerated prize payment.
Source: 14 SDR 53, effective October 11, 1987; 39 SDR 100, effective December 5, 2012.
General Authority: SDCL 42-7A-21(3)(17).
Law Implemented: SDCL 42-7A-21(3)(17).
48:01:04:14. Replacement of disputed ticket. If a winning ticket for an instant game bearing the player's signature in the area designated is not validated by the executive director and the invalidation is disputed by the player, the only remedy for the player is the replacement by the executive director, at the option of the executive director, of the disputed ticket with an unplayed instant game ticket from that instant game or a ticket of equivalent sales price from any other current instant game.
Source: 14 SDR 53, effective October 11, 1987.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:15. Ownership of ticket -- Payment of prize. Until a signature is placed on the back of a ticket in the space designated, the ticket is owned by the physical possessor of the ticket. When a signature is placed on the back of a ticket in the space designated, the player whose signature appears in that area is the owner of the ticket and is entitled to any prize attributable to the ticket. Regardless of the name or names submitted on a claim form, the executive director may only pay the prize to the player whose signature appears on the back of the ticket in the space designated. If more than one signature appears on the back of the ticket, the executive director may only pay the prize to the player who is designated to receive payment by a release signed by all of the players whose names are signed on the back of the ticket in the space designated.
When a player submits a claim for a cash prize by electronic device, the player represents to the lottery that the player is entitled to claim the prize, that there are no other claims to the prize, and that the player is not prohibited by law from purchasing a lottery ticket or being paid a lottery prize. A false representation is a violation of this section and may result in civil fines pursuant to SDCL subdivision 43-7A-4(12).
Source: 14 SDR 53, effective October 11, 1987; 51 SDR 55, effective November 18, 2024.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-4(12), 42-7A-21, 42-7A-23, 42-7A-33, 42-7A-34.
48:01:04:16. Prizes claimed in error. The lottery commission and executive director are not responsible for instant game tickets claimed by a player in error for a lower prize paid by a retailer.
Source: 14 SDR 53, effective October 11, 1987.
General Authority: SDCL 42-7A-21.
Law Implemented: SDCL 42-7A-21
48:01:04:16.01. Disclosure of winner. The lottery may publish the name, city, state of residence, and prize amount of instant game winners.
Source: 20 SDR 166, effective April 12, 1994; 30 SDR 52, effective October 28, 2003.
General Authority: SDCL 42-7A-21(17).
Law Implemented: SDCL 42-7A-21(17).
48:01:04:17. End
of game. The executive director at any time may publicly announce an ending
date for an instant game by posting notice at each of the lottery validation
centers and publishing notice in the South
Dakota Register. No further tickets in that game may be sold after the
ending date. An instant game may be ended by the executive director because of
marketing conditions or security breaches.
Source:
14 SDR 53, effective October 11, 1987.
General
Authority: SDCL 42-7A-21.
Law
Implemented: SDCL 42-7A-21
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