OFFICE OF LOTTERY AND GAMING

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

(INTERNET BASED LOTTERY GAMES)

The Executive Director of the Office of Lottery and Gaming, pursuant to the authority set forth in Section 4 of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Official Code §§ 36-601.06(a), 36-601.21, 36-601.18(b), and 36-621. (2016 Repl.)), and Office of the Chief Financial Officer Management Control Order No. 96-22, effective September 24, 1996, gives notice of emergency amendments to Chapter 11 (Reserved) of Title 30 DCMR. The Executive Director also gives notice of her intent to take final rulemaking action to adopt these proposed rules, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

The emergency and proposed rulemaking implements internet based lottery games (iLottery) in the District of Columbia.

Emergency action is necessary to promote the immediate preservation of the health, safety, and welfare of District residents. The Executive Director has determined that emergency action is necessary to raise additional revenue needed by the District as a result of the COVID-19 pandemic, with a portion of such additional revenues to be used for programs that support the immediate preservation of health, safety, and welfare of District of Columbia residents.

These emergency rules were adopted by the Executive Director on December 15, 2020, took effect immediately, and will remain in effect for up to one hundred twenty (120) days from adoption, expiring April 14, 2021, unless earlier superseded by publication of a Notice of Final Rulemaking in the D.C. Register.

Title 30 DCMR, LOTTERY AND CHARITABLE GAMES, is amended as follows: 

CHAPTER 11           [RESERVED]

Chapter 11, [RESERVED], is amended to read as follows: 

CHAPTER 11           iLOTTERY

1100                            SCOPE OF CHAPTER

1101                            LOTTERY PRODUCTS AVAILABLE THROUGH iLOTTERY

1102                            TRADITIONAL LOTTERY PRODUCTS

1103                            CATEGORIES OF iLOTTERY GAMES

1104                            iLOTTERY GAME DESCRIPTION

1105                            USE OF THE OFFICE’S iLOTTERY MOBILE APPLICATION OR WEBSITE

1106                            ACCOUNTS

1107                            LOTTERY ACCOUNT FUNDING

1108                            GEOLOCATION

1109                            PURCHASE AND PRIZE RESTRICTIONS

1110                            PRIZES

1111                            PRIZE CLAIMS

1112                            WITHDRAWALS FROM A LOTTERY ACCOUNT

1113                            TERMINATION OF A GAME

1114                            iLOTTERY PROMOTIONAL PRIZES

1115                            AGENT PROMOTION PROGRAMS

1116                            SUBSCRIPTION SERVICES

1117                            RELEASE OF INFORMATION ABOUT PLAYERS AND WINNERS

1118                            RESPONSIBLE GAMING PROGRAM

1119                            HEARINGS

1120-1198                   [RESERVED]

1199                            DEFINITIONS

1100                        SCOPE OF CHAPTER

1100.1                    This chapter establishes procedures for implementing iLottery game rules, iLottery registration and participation requirements, iLottery Account requirements and iLottery responsible gaming requirements. 

1101                        LOTTERY PRODUCTS AVAILABLE THROUGH iLOTTERY

1101.1                    The Executive Director shall authorize and determine the availability of lottery products through iLottery and for purchase of lottery products using an iLottery Account.

1102                        TRADITIONAL LOTTERY PRODUCTS

1102.1                    The Executive Director may authorize the sale of traditional lottery products through iLottery and for purchase using an iLottery Account.  

1102.2                    Traditional lottery products delivered through an iLottery Account may be delivered to a registered iLottery player electronically or in a form and manner determined by the Executive Director.

1102.3                    Traditional lottery products offered through iLottery are governed by applicable rules published in the D.C. Municipal Regulations, unless otherwise stated in this chapter. Sections 600, 605, 804.10 and any other provision or requirement pertaining specifically to paper tickets shall not apply to iLottery games or products.

1103                        CATEGORIES OF iLOTTERY GAMES

1103.1                    In addition to traditional lottery products, the Executive Director may authorize the following types of iLottery games:

(a)            Numbers games;

(b)           Instant Win games;

(c)            KENO and other monitor-style games; and

(d)           Cash-out games.

1103.2                    The outcomes of iLottery games may be determined on demand or at a predetermined date and time established by the Executive Director.

1103.3                    The outcomes of iLottery games, plays or chances of iLottery games may be determined by one or more of the following methods:

(a)            Randomizer;

(b)           Random number generator; or

(c)            Drawing.

1103.4                    Prize structures for iLottery games may include one or more of the following:

(a)            Pari-mutuel;

(b)           Prize tiers;

(c)            Progressive; or

(d)           Fixed-payout.

1103.5                    A drawing may be conducted by a mechanical device using balls, a random number generator, a randomizer or by using any other method authorized by the Executive Director.

1104                        iLOTTERY GAME DESCRIPTION

1104.1                    The Executive Director shall post an iLottery game description on the Office’s website and the Office’s mobile application for each iLottery game, with the following minimum information:

(a)            The name of the iLottery game;

(b)           The purchase price or range of purchase prices of a play for the iLottery game: 

(c)            The odds of winning the iLottery game and the prizes which can be won;

(d)           iLottery game instructions;

(e)            The existence of a finalist, grand prize, second chance or other offering, if applicable, and the procedure for the conduct of the same, if applicable;

(f)            If applicable, the existence of a bonus game, a mini-game or a game within a game, the instructions for conduct of the same and the chances of winning the bonus game, mini-game or game within a game and the prizes which can be won;

(g)           The purchase price of a play for each iLottery game; and

(h)           Other information necessary for the conduct of the iLottery game.

1105                        USE OF THE iLOTTERY MOBILE APPLICATION OR WEBSITE

1105.1                    To deposit funds or purchase a play of an iLottery game or product using Office’s Mobile Application or Website a player must:

(a)            Be at least eighteen (18) years of age;

(b)           Have a valid iLottery Account;

(c)            Have sufficient funds in their iLottery Account to purchase a play of an iLottery game or product;

(d)           Be able to be positively identified by the Office’s Know Your Customer (KYC) procedures;

(e)            Be physically located within the legal boundaries of District of Columbia and in a location not otherwise prohibited by law to purchase a play of an iLottery game or product; and  

(f)            Be in compliance with all applicable District, federal, state, and local laws, rules, and regulations.

1105.2                    A player shall not use or attempt to use the services in any way that:

(a)            Violates any District, federal, state, or local law, regulation, or court order;

(b)           Misrepresents the player’s identity or personal information;

(c)            Circumvents any method the Office uses to verify information about the player’s age, identity, or physical location;

(d)           Impersonates another person, business, entity, physical location, or IP address;

(e)            Allows any third party to use the player’s iLottery Account;

(f)            Attempts to reverse, charge-back, block, cancel, or in any way attempt to prevent the Office’s receipt of any funds the player has deposited into their iLottery Account;

(g)           Deposits or attempts to deposit any funds derived from an unlawful or fraudulent activity into the player’s iLottery Account, including money laundering 

(h)           Accesses or attempts to access, collects, or stores personal information of another person;

(i)             Accesses or attempts to access or circumvents any security measures;

(j)             Gains or attempts to gain unauthorized access to the services or any of the Office’s, or its contractors, computers, networks, servers, data, code, or other equipment or information of any kind; 

(k)           Damages or overburdens the services or any of the Office’s, or its contractors, computers, network, servers, data, code, or other equipment or information of any kind;

(l)             Modifies or interferes with the use or operation of the services;

(m)          Alters, damages, deletes, or otherwise affects any software or code used for the services;

(n)           Introduces a computer virus or other disruptive, damaging, or harmful files or programs;

(o)           Violates the Office’s, or its contractors, proprietary or intellectual property rights in any way; or 

(p)           Violates any rule, regulation, specific game rules or any directive of the Office. 

1106                        iLOTTERY ACCOUNTS

1106.1                    To apply for an iLottery Account, a player must provide all information requested on the registration form including, the player’s full legal name, address, date of birth, and the player’s Social Security Number.

1106.2                    By submitting an application for an iLottery Account, a player represents and warrants that they:

(a)            Are applying for an iLottery Account in their own name;

(b)           Are using their own personal information;

(c)            Are using their own funds; 

(d)           Provide information that is true, complete, and accurate to the best of their knowledge;

(e)            Will keep their username and password confidential;

(f)            Do not already have an open iLottery Account;

(g)           Are not prohibited from gambling or otherwise prohibited from using the services; and

(h)           Are not opening the iLottery Account for any illegal purpose.

1106.3                    The Office may require a player to provide additional information, provide copies of documents, or appear in person at the Office’s headquarters in order to complete the iLottery Account application.

1106.4                    The Office may require a player to change or update their iLottery Account information at any time, including the player’s username and password.

1106.5                    Players may not open more than one iLottery Account.

1106.6                    By submitting an application for an iLottery Account, a player consents to the Office’s use of any age-verification and identity-verification technology or method the Office deems appropriate to validate age and identification. A player may be required to show additional evidence of the player’s age and identification, provide copies of documents, or appear in person at the Office’s headquarters.

1106.7                    A player’s application for an iLottery Account shall be denied if the player’s age or identity cannot be verified.

1106.8                    The Office may close an iLottery Account if the player has not logged into the iLottery Account for eighteen (18) consecutive months.

1106.9                    A player may close their iLottery Account at any time except that the iLottery Account may remain in pending closure status if there are outstanding confirmed purchases on future drawings.

1107                        iLOTTERY ACCOUNT FUNDING

1107.1                    A player may deposit funds into their iLottery Account by using PayPal, a credit card, debit card, ACH bank transfer, or any other method approved by the Office.

1107.2                    By initiating a deposit, the player represents and warrants that they:

(a)            Have authority to use the payment source and method selected;

(b)           Have the authority to use the funds for the purpose of making a deposit into their iLottery Account;

(c)            Are not using a payment source that lists an individual unable to provide consent as a joint Account holder or an authorized user; 

(d)           Are not depositing funds derived from any fraudulent or unlawful source;

(e)            Are not depositing funds in order to create or participate in any unlawful activity, including money laundering;

(f)            Will not attempt to reverse, charge-back, block, cancel, or in any way attempt to prevent the Office from receiving the deposit;

(g)           Consent to the Office sharing their personal information with any third parties that are used to process their requested deposit; and

(h)           Consent to the Office performing any background check or investigation deemed necessary to ensure that their payment source and method are authorized.

1107.3                    The Office may require a player to provide additional information and documents.

1107.4                    The Office does not guarantee that a deposit will be processed and made available in any specific period of time.

1107.5                    The Office is not liable for any damages or losses resulting from any delay, denial or error in processing a deposit.

1107.6                    Players must abide by all applicable terms and conditions required by their financial institution or payment processor.

1107.7                    Players are responsible for any transaction fees or penalties imposed by any financial institution, payment processor or other third party associated with processing their transaction.

1107.8                    Players must reimburse the Office for any losses suffered by the Office as a result of any transaction fees or penalties of any kind associated with the player’s transaction and the Office may collect any amount it is owed as a result of any such fees or penalties.

1107.9                    Player deposits into an iLottery Account cannot be withdrawn, returned, charged-back, re-credited, or transferred to another iLottery Account. It is the player’s responsibility to refrain from depositing more funds than they intend to use.

1107.10                 The Office may set or change a minimum required or maximum allowed deposit amount.

1107.11                 The Office may make the appropriate adjustments to a player’s iLottery Account if funds are mistakenly credited to or deducted from the iLottery Account.

1107.12                 Players must promptly notify the Office if funds are incorrectly credited to or deducted from their iLottery Account.

1107.13                 The Office may withhold incorrectly deposited amounts from any deposit or prize, or seek recovery if a player withdraws funds that were incorrectly credited to their iLottery Account.

1107.14                 The Office may void any plays and refuse to pay any prizes or recover any prizes already paid if a player used funds that were incorrectly credited to their iLottery Account to purchase the play. 

1107.15                 Players will not receive any interest, dividends, premiums, or loss of use compensation of any kind on funds deposited or held in their iLottery Account, including any claimed or unclaimed prizes.

1108                        GEOLOCATION

1108.1                    Players consent to the Office or Office’s contractors transmitting, collecting, maintaining, processing and using their location data to provide and improve location-based services. Players may withdraw this consent at any time by turning off the location settings on their device or by notifying the Office in writing that they would like to withdraw such consent; however, a player who withdraws consent to providing location data will not be able to purchase a play.

1108.2                    The Office’s ability to geolocate a player, may require a high-speed internet connection ("WiFi"). The Office is not responsible for any charges associated with a player’s use of high-speed internet connection.

1108.3                    In some cases, a player’s location may need to be verified through their browser location services. A player’s location will only be obtained from the browser with additional consent from them. If verification through a player’s browser is required, an interactive message will appear when they try to purchase a play through the services.

1108.4                    Information relating to a player’s location and the location of their device may be shared with Office contractors, sub-contractors, affiliates and other third parties for a variety of reasons, including but not limited to: providing the product, service or transaction the player requested, legal compliance purposes, and marketing purposes. A record confirming the player’s location may be retained by the Office.

1109                        PURCHASE AND PRIZE RESTRICTIONS

1109.1                    Individuals must be at least 18 years of age or older to register for iLottery or to purchase a play of an iLottery game.

1109.2                    A registered iLottery player must be located within the geographical boundaries of the District of Columbia to purchase a play of an iLottery game.

1109.3                    No ticket shall be purchased by, and no prize shall be paid to, any of the following persons:

(a)            The Chief Financial Officer of the District of Columbia; or

(b)           Any employee of the Office, or any spouse, domestic partner, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of the Chief Financial Officer or any employee of the Office. For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in D.C. Official Code § 32-701(3) .

1109.4                    A registered iLottery player is prohibited from cancelling or reversing the payment on the purchase of a play.

1110                        PRIZES

1110.1                    Prizes may be awarded by check, draft, electronically or by other means as authorized by the Executive Director. Prizes may be paid using the registered iLottery player’s iLottery Account, at the Office’s prize center or by other means as authorized by the Executive Director.

1110.2                    The Office will report taxable prizes and events to relevant taxing authorities based on established statutory thresholds.

1110.3                    The District of Columbia and its agents, officers and employees shall be discharged of liability upon award of a prize.

1110.4                    Prizes will be reduced by required tax withholding and any deductions for outstanding liabilities as required by law, including those set forth in D.C. Official Code § 46-224.01 (Interception of Lottery Prizes for Delinquent Child Support Payments).

1110.5                    A registered iLottery player may be prohibited from accessing a prize until the Office determines whether there are outstanding liabilities that must be deducted from the prize, including those set forth in D.C. Official Code § 46-224.01 (Interception of Lottery Prizes for Delinquent Child Support Payments). 

1110.6                    Winning plays will be determined based on the iLottery game and by the data recorded by the Office on its system or systems of record.

1110.7                    Internet Instant Games may continue to be sold even after all the top prizes have been sold.

1111                        PRIZE CLAIMS

1111.1                    The Office will generate applicable tax forms for reportable gambling and lottery winnings as required by District, State and Federal laws and regulations.

1111.2                    The Office may use iLottery Account information provided by a registered iLottery player and verified by the Office to generate applicable tax forms for reportable gambling and lottery winnings.

1111.3                    The Office may require a registered iLottery player to complete a claim form and to submit it in person at a prize center designated by the Office.

(a)            Prizes of $10,000 or more won on Internet Instant Games must be claimed, in person, at the Office’s prize center.

(b)           Prizes of $600 or more won on any Multi-State Lottery Association game (Powerball, Mega Millions and Lucky for Life) must be claimed, in person, at the Office’s prize center. 

(c)            Prize claimants must present two (2) forms of identification in order to claim a prize at the prize center. Acceptable forms of identification include:

(1)           A valid state issued Driver’s License, a valid state-issued Non-Driver’s License, or a valid U.S. Passport; and

(2)           An original Social Security card.

(d)           The identifying information appearing on the identification when claiming a prize must match the prize claimant’s iLottery Account identifying information.

1111.4                    A prize requiring the completion of a claim form or presentation of identification documents will deemed claimed and will not be paid or credited to the registered iLottery player’s iLottery Account until a properly completed claim form and acceptable identification documents are submitted to and accepted by the Office.

1111.5                    Prize money will be retained for payment to the registered iLottery player for 180 days after the drawing in which the prize was won. If an iLottery player fails claim a prize as required by this section, the prize will expire and the prize money will be forfeited consistent with the D.C. Official Code § 36-601.18 (Unclaimed Prizes).

1112                        WITHDRAWALS FROM AN iLOTTERY ACCOUNT

1112.1                    A registered iLottery player may withdraw funds from its registered iLottery player’s iLottery Account.

1112.2                    The Executive Director may require a minimum balance in the registered iLottery player’s iLottery Account prior to authorizing a withdrawal.

1112.3                    The Office shall not be required to grant a withdrawal request immediately. A withdrawal request from a registered iLottery player’s iLottery Account may be delayed for reasons consistent with this chapter and as set forth in the iLottery terms and conditions. 

1112.4                    A registered iLottery player may be required to provide the Office with information to verify the details of a withdrawal request before the withdrawal request from the registered iLottery player’s iLottery Account is processed.

1112.5                    A registered iLottery player shall be prohibited from withdrawing bonus money from the registered iLottery player’s iLottery Account where the registered iLottery player fails to convert bonus money into cash in conformance with the promotional terms and conditions.

1112.6                    A registered iLottery player may request that a withdrawal from the registered iLottery player’s iLottery Account be credited to any payment type authorized by the Executive Director.

1112.7                    The Office may make adjustments to a registered iLottery player’s iLottery Account if the Office determines that funds or bonus funds are mistakenly credited to a registered iLottery player’s iLottery Account. 

1112.8                    The Office shall deduct the purchase price of a lottery product from a registered iLottery player’s iLottery Account following the purchase of a lottery product.

1113                        TERMINATION OF A GAME

1113.1                    The Executive Director may terminate an iLottery game at any time and with or without notice. 

1114                        iLOTTERY PROMOTIONAL PRIZES 

1114.1                    The Executive Director may authorize iLottery promotions and issue the terms and conditions pertaining to iLottery promotions.

1115                        AGENT PROMOTION PROGRAMS

1115.1                    Agent incentive and marketing promotion programs may be implemented at the discretion of the Executive Director.

1116                        SUBSCRIPTION SERVICES

1116.1                    The Office may offer subscription services for lottery products as authorized by the Executive Director.

1116.2                    The subscription services will be governed by the iLottery terms and conditions issued by the Office.

1116.3                    Details of subscription services purchased through iLottery will be available electronically through a registered iLottery player’s iLottery Account.

1117                        RELEASE OF INFORMATION ABOUT PLAYERS AND WINNERS

1117.1                    Pursuant to D.C. Official Code § 2-536(6), a prizewinner’s name, city, county and state of residence, winnings, and all associated game, play and prize information are records, or a portion of records, required to be made available to the public. Information about or concerning prizewinners or participants in Office activities authorized by this chapter may also be contained in records, or a portion of records, required to be made available to the public pursuant to D.C. Official Code § 2-531 through § 2-539.

1117.2                    The Office shall not release the following information about a registered iLottery player except as may be required pursuant to lawful authority or urgent necessity. 

(a)             The individual’s street address;

(b)           The individual’s telephone number;

(c)            The individual’s email address;

(d)           The individual’s financial information;

(e)            The individual’s self-exclusion information;

(f)            The individual’s Social Security Number or comparable equivalent;

(g)           Information related to the individual’s use of responsible gambling tools;

(h)           The individual’s play history; and

(i)             The individual’s play tendencies. 

1117.3                    The Executive Director may direct that prizewinners, or participants in Office activities authorized by this chapter, be photographed or videotaped to complete the Office's records and for the purposes identified in this section.

1117.4                    A prizewinner, or participant in Office activities authorized in this chapter, consents, without further consideration or expectation of payment, to the Office’s use of the prizewinner’s name, county, city and state of residence, the games played, the amount of the prize and any photographic or video-graphic replication of the prizewinner's likeness or image for promotional purposes. “Promotional purposes” shall include, without limitation, advertising, publication and promotion of the office, its games, programs, contests and other activities in any print, broadcast, electronic, internet or other form of media whatsoever.

1117.5                    Each prizewinner, or participant in Office activities authorized by this chapter, releases the District of Columbia, the Office, Multi-State Lottery Association, and their respective game groups, members, officers, employees, agents and attorneys, representatives, and contractors from all claims and liability arising out of, or related to, the promotional purposes, and use of the information and likenesses, set out in this section.

1117.6                    The provisions of §§ 1117.4 and 1117.5, which are applicable to prizewinners shall also apply to any person who presents a prize claim that is later denied or forfeited for any reason.

1118                        RESPONSIBLE GAMING PROGRAM

1118.1                    The Office’s iLottery program and activities shall be subject to § 2022 of this title. 

1119                        HEARINGS 

1119.1                    A registered iLottery player may request a hearing contesting the denial of a prize claim or the disposition of an iLottery Account.

1119.2                    A request for a hearing shall be filed with the Executive Director within fifteen (15) business days after the receipt of written notice denying the prize claim.

1119.3                    Hearings shall be subject to and conducted in accordance with chapter 400 of this title.

1120-1198          [RESERVED]

1199                DEFINITIONS

1199.1             The following definitions shall apply to this chapter:

“Agent” means any licensee of the Office authorized to sell lottery tickets. An Agent may also be referred to as a “lottery retailer.” 

“Bonus Money” means Credit issued to a registered iLottery player that does not have a cash value, but which can be converted to a predetermined cash.

“Business Days” means any days except Saturdays, Sundays, and legal public holidays.

“Cash-Out Games” means a type of iLottery game in which the registered iLottery player is given the option to end the game early for a predetermined amount of money.

“Days” means calendar days.

“Drawing” means the process of selecting the numbers, letters or symbols that determine the winning numbers, letters or symbols or the outcome of an iLottery game or an individual play of an iLottery game.

“Executive Director” means the Executive Director of the Office of Lottery and Gaming.

“Fixed Payouts” means the numbers and amounts of prizes established for an iLottery game, regardless of how many games, plays or chances are sold.

“iLottery” means a system that provides for the distribution of lottery products through numerous channels that include, but are not limited to, web applications, mobile applications, mobile web, tablets and social media platforms that allow a registered iLottery player to interface through a portal for the purpose of obtaining lottery products and ancillary services, such as account management, game purchase, game play and prize redemption.

“iLottery Account” means an account established by an individual with the Office that shall be used to register for iLottery and to participate in iLottery. A lottery account may be used to purchase or use iLottery products, to participate in iLottery promotions and for lottery communications.

“iLottery game” means Internet instant games and other lottery products offered through iLottery.

“Instant Win Game” means a type of iLottery game in which the result of a play, is the display of numbers, letters or symbols indicating whether a prize has been won. Unlike Internet instant games, no reveal is required to determine whether a prize has been won.

Internet Instant Game means a lottery game of chance in which, by the use of a computer, tablet computer or other mobile device, a registered iLottery player purchases a play, with the result of a play being a reveal on the device of numbers, letters or symbols indicating whether a lottery prize has been won according to an established methodology as provided by the Office.

“KENO” means a lottery game in which a player chooses “X” numbers with the object to match as many of “Z” numbers chosen by the lottery from a field of “Y” numbers.

“Lottery Products” means games, plays or chances offered by the Office as well as lottery property that may be exchanged for games, plays or chances. The term includes any lottery game or lottery product authorized by the Executive Director and offered by the Office including instant tickets, terminal-based tickets, raffle games, play-for-fun games, lottery vouchers, subscription services and gift cards.

“Lotto Game” means a type of iLottery game in which a registered iLottery player chooses “X” numbers, letters or symbols from a field of “Y” numbers, letters or symbols. The field of “Y” numbers, letters or symbols is established by the Office. To win, a registered iLottery player matches a designated combination of numbers, letters, symbols, or a specified combination thereof, with the winning numbers, letters or symbols randomly drawn by the Office. Examples of lotto games include Powerball and MegaMillions and similar games in which multiple “Y” numbers, letters or symbols are chosen from a single set of numbers, letters or symbols.

“Mobile Applications and Other Digital Platforms” mean any mobile application or interactive platform approved by the Office for the operation of online iLottery.

“Multi-Factor Authentication” means a type of strong authentication that uses two (2) of the following to verify a player's identity including, information known only to the player, such as a password, pattern or answers to challenge questions, an item possessed by a player such as an electronic token, physical token or an identification card, or a player's biometric data, such as fingerprints or facial or voice recognition. 

“Numbers Game” means a type of iLottery game in which a registered iLottery player chooses “X” numbers, letters or symbols from multiple fields of “Y” numbers, letters or symbols. The player must choose whether to purchase a straight play or a box play or other combination of play. Examples of numbers games include DC-2, DC-3, DC-4, DC-5 and similar games in which “Y” numbers, letters or symbols are chosen from multiple sets of numbers, letters or symbols.

“Office” means the Office of Lottery and Gaming.

“Pari-Mutuel” means a prize structure in which the total available prize pool or pool is split between all winners at a particular prize level or levels.

“Play” means an opportunity, for a predetermined price, to participate in an iLottery game. Play may also be referred to as a chance or a share.

“Prize” means the item or money that can be won in each iLottery game as determined by the prize structure for that iLottery game. A prize or may also be referred to as lottery winnings in this chapter.

“Prize Pool” or “Pool” means the amount of money designated for payments of prizes for an iLottery game. The term can also mean a preset number of games, plays or chances containing a predetermined number of winners.

“Prize Tiers” means one or more different levels, amounts or types of prizes for an iLottery game.

“Progressive” means an iLottery game prize structure in which the top prize available begins with a minimum prize amount, as determined by the Office, which grows at a predetermined rate every time a play is purchased and then resets to the minimum prize amount whenever a top prize winning play is purchased.

“Purchase Price” means the cost of a play for an iLottery game.

“Randomizer” means a device or program that generates a random set of numbers.

“Random Number Generator” means a secured computerized system, which draws random numbers to determine the outcome of an individual play of an iLottery game.

“Registered iLottery Player” means an individual who creates an iLottery Account with the Office, registers for iLottery and is approved for participation in iLottery.

“Subscription Services” means a payment, advance payment or promise of payment for multiple lottery products over a specified period of time, including payment through iLottery.

“Top Prize” means the highest prize available to be won in an iLottery game.

“Traditional Lottery Products” means lottery products offered by the Office under chapters 7, 8, 9 and 10 of this title.

“Winning Play” means a play that has been validated by the Office and qualifies for a prize.

“Winning Numbers” means the numbers, letters or symbols selected in a particular iLottery game that have been validated by the Office and are used to determine the winning plays for that particular iLottery game. 

Persons desiring to comment on the subject matter of this proposed rulemaking should file comments, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Antar Johnson, Senior Counsel, Office Lottery and Gaming, 2235 Shannon Place S.E., Washington, D.C. 20020, or e-mailed to SWRules@dc.gov. Copies of the proposed rules may be obtained between 8:30 a.m. and 5:00 p.m. at the address stated above. Questions may be directed to (202) 645-8026.