370 Neb. Admin. Code, ch. 100, § 101

Current through September 17, 2024
Section 370-100-101 - DEFINITIONS
101.01 The following definitions shall be used for the Lottery Regulations, unless the context clearly requires otherwise.
101.02 Act

Act shall mean the State Lottery Act.

101.03 Advertising

Advertising shall mean the budgeted process by which specific messages are placed with commercial media organizations. Such message placement includes, but is not necessarily limited to, billboards, radio, or television.

101.04 Applicant

Applicant shall mean the person applying for a contract from the Division. Applicant includes all partners, corporate officers, shareholders owning ten percent (10%) or more, and the governing officers of political subdivisions or other organizations making an application.

101.05 Bid or proposal security

Bid or proposal security shall mean security to ensure that the vendor will honor the terms of its bid or proposal or that the vendor will negotiate a contract in good faith.

101.06 Computer quick pick, computer-pick, or quick pick

Computer quick pick, computer-pick, or quick pick shall mean the random selection of numbers by the computer system which appear on a ticket and are played by a player in the game

101.07 Department

Department shall mean the Department of Revenue.

101.08 Director

Director shall mean the Director of the Lottery Division.

101.09 Dishonesty

Dishonesty shall mean a crime involving fraud, or deceit. It includes, but is not limited to, embezzlement, misappropriation or misapplication of funds, fraud, forgery, false swearing, perjury, theft by deception, theft of services, or obtaining money under false pretenses.

101.10 Dispensing or vending device

Dispensing or vending device shall mean any device that dispenses instant tickets directly to a participant and shall include all coin or currency operated devices.

101.11 Display unit

Display unit shall mean a device able to securely store, display, and provide access to full packs of instant tickets to Lottery Game Retailers.

101.12 Division

Division shall mean the Lottery Division of the Department of Revenue.

101.13 Drawing in a lottery game

Drawing in a lottery game shall mean any formal process based on chance and authorized by the Director of selecting winners, prizes, winning numbers, characters, symbols and / or the number of winners for each prize level of the game. A drawing may consist of initial, preliminary, or sub-drawings leading to a final drawing.

101.14 Frivolous litigation

Frivolous litigation shall mean any litigation that is dismissed for lack of prosecution, a demurrer is sustained, or a summary judgment is granted to the defendant.

101.15 Game play areas or play areas

Game play areas or play areas shall mean that area of the play slip which contains sets of numbered squares to be marked by the player.

101.16 Incentives

Incentives shall mean a mechanism by which to reward or reinforce participation by players or lottery game retailers in a lottery effort or program. Incentives may include lottery merchandise offered as promotional prizes to players, and as door prizes to lottery game retailers.

101.17 In-kind Contributions by Media Outlets

In-kind Contributions by Media Outlets shall mean value-added opportunities for exposure for the lottery and its beneficiaries such as broadcast air time and event tickets provided by media outlets for use as retailer incentives or as contest prizes for players.

101.18 Key personnel or key employee

Key personnel or key employee shall include any executive, employee or agent whose position affects or could affect the fairness, security, honesty or integrity of the operations of the Nebraska Lottery.

101.19 Litigation security

Litigation security shall mean security to discourage unwarranted or frivolous litigation by any vendor.

101.20 Lottery Contractor

Lottery Contractor shall mean a Lottery Vendor with whom the Division has contracted for the purpose of providing goods or services for the Nebraska Lottery.

101.21 Lottery game

Lottery game shall mean any variation of the following types of games;

101.21A An instant-win game in which disposable tickets contain certain preprinted winners which are determined by rubbing or scraping an area or areas on the tickets to match numbers, letters, symbols, or configurations, or any combination thereof, as provided by the rules of the game. An instant-win game may also provide for preliminary and grand prize drawings conducted pursuant to the rules of the game. An instant-win game shall not include the use of any pickle card as defined in section 9-315, Nebraska Revised Statutes. Instant-win games are commonly referred to by the Lottery Division as "scratch ticket" games;
101.21B An on-line lottery game in which Lottery Game Retailer terminals are hooked up to a central computer via a telecommunications system through which:
101.21B(1) A player selects a specified group of numbers or symbols out of a predetermined range of numbers or symbols and purchases a ticket bearing the player selected numbers or symbols for eligibility in a drawing regularly scheduled in accordance with game rules; or
101.21B(2) A player purchases a ticket bearing randomly selected numbers for eligibility in a drawing regularly scheduled in accordance with game rules;
101.21B(3) On-line lottery games are commonly referred to by the Lottery Division as "lotto games"; and
101.21C Lottery game shall not be construed to mean any video lottery game.
101.22 Lottery Game Retailer

Lottery Game Retailer shall mean a person or entity who contracts with or seeks to contract with the Division to sell tickets in lottery games to the public.

101.23 Lottery Vendor

Lottery Vendor shall mean any person who submits a bid, proposal, or offer as a part of a major procurement or ITB.

101.24 Major procurement

Major procurement shall mean any procurement or contract for the purchase or lease of goods or services unique to or used primarily for the operation of the Nebraska Lottery in excess of twenty-five thousand dollars ($25,000) for the printing of tickets used in any lottery game, security services, consulting services, advertising services, any goods or services involving the receiving or recording of number selections in any lottery game, or any goods or services involving the determination of winners in any lottery game. Major procurement shall include production of instant-win tickets, procurement of on-line gaming systems and drawing equipment, or retaining the services of a consultant who will have access to any goods or services involving the receiving or recording of number selections or determination of winners in any lottery game.

101.25 Marketing

Marketing shall mean the process of integrating messages and efforts associated with lottery products and beneficiaries in various mediums, including press releases, printed material, broadcast media, internet, and live events.

101.26 Moral turpitude

Moral turpitude shall mean any crime contrary to justice, honesty, or good morals. It shall include, but is not limited to, dishonesty, abuse of a person, or possessing illegal drugs with intent to deliver or sell.

101.27 MUSL

MUSL shall mean the Multi-State Lottery Association, a government-benefit association wholly owned and operated by the party lotteries.

101.28 MUSL Board

MUSL Board shall mean the governing body of the MUSL which is comprised of the chief executive officer of each party lottery.

101.29 MUSL Product Group

MUSL Product Group, MUSL POWERBALL Product Group, or Product Group shall mean a group of lotteries which has joined together to offer an on-line product pursuant to the terms of the Multi-State Lottery Agreement and the Product Group's own rules.

101.30 Natural person

Natural person shall mean a living human being and shall not include legal or fictional entities or constructs such as, but not limited to, limited liability companies, limited liability partnerships, trusts, corporations, partnerships, associations or voluntary organizations. As used in these regulations, the words define the term of a prize and are not a limitation on the entities eligible to play lottery games.

101.31 NEBRASKA PICK 5play or bet

NEBRASKA PICK 5 play or bet shall mean the five (5) numbers that appear on a ticket as a single lettered selection and are to be played by a player in the game.

101.32 NEBRASKA PICK 5set prize

NEBRASKA PICK 5 set prize shall mean a prize that is advertised to be paid by a single cash payment or as a free NEBRASKA PICK 5 ticket.

101.33 NEBRASKA PICK 5ticket

NEBRASKA PICK 5 ticket shall mean a ticket produced by an on-line terminal which meets the specifications defined in these regulations.

101.34 On-line terminal

On-line terminal shall mean a device that functions in an on-line, interactive mode with the Nebraska Lottery's computer system for the purpose of issuing lottery tickets and entering, receiving, and processing lottery transactions, including purchases, validating tickets, and transmitting reports.

101.35 Party lottery or member lottery

Party lottery or member lottery shall mean a state lottery or lottery of a political subdivision or entity which has joined the MUSL and a MUSL Product Group. Unless otherwise indicated, party lottery or member lottery does not include licensee lotteries.

101.36 Performance bond

Performance bond shall mean a bond to guarantee the faithful performance of the Lottery Vendor or Lottery Contractor for the duration of the contract.

101.37 Person with a substantial interest

Person with a substantial interest shall mean any sole proprietor, partner in a partnership, officer of a corporation, shareholder owning in the aggregate ten percent (10%) or more of the stock in a corporation, member of a limited liability company, or governing officer of an organization or other entity.

101.38 Play slip or bet slip

Play slip or bet slip shall mean a card used in marking a player's game plays and containing one or more game play areas.

101.39 Player Express Terminals are devices used in conjunction with on-line terminals and are operated by selected on-line retailers. Player Express Terminals face players in retailer checkout lanes and require player and retailer interaction in the purchase of on-line tickets.
101.40 POWERBALLplay or bet

POWERBALL play or bet shall mean the six (6) numbers, the first five (5) from a field of fifty-nine (59) numbers and the last one (1) from a field of thirty-five (35) numbers, that appear on a ticket as a single lettered selection and are to be played by a player in the game.

101.41 Powerball Power Play

Powerball Power Play shall mean an option on a Powerball play or bet in which the player has the opportunity to increase their potential set prize winning(s).

101.42 Powerball Power Play ticket

Powerball Power Play ticket shall mean a Powerball ticket on which the Powerball Power Play was selected and otherwise meets the requirements in these regulations.

101.43 POWERBALLset prize

POWERBALL set prize shall mean all other prizes except the Grand Prize that are advertised to be paid by a single cash payment and, except in instances outlined in these regulations, will be equal to the prize amount established by the MUSL POWERBALL Product Group for the prize level.

101.44 POWERBALLticket

POWERBALL ticket shall mean a ticket produced by an on-line terminal which meets the specifications defined in these regulations.

101.45 Promotions

Promotions shall mean contests, events, or other mechanisms by which existing players are rewarded by offering something of additional value beyond a lottery game prize, or a second chance to win something of additional value in return for making a qualifying purchase.

101.46 Public Relations

Public Relations shall mean the process of identifying various and complementary audiences including the public, players, retailers, and beneficiaries, and providing them with information of interest and receiving valuable feedback in return. Public relations includes sponsoring events with co-promoters.

101.47 Ticket or lottery ticket

Ticket or lottery ticket shall mean any tangible evidence authorized by the Division to prove participation in a lottery game.

101.48 Winning NEBRASKA PICK 5numbers

Winning NEBRASKA PICK 5 numbers shall mean the five (5) numbers, randomly selected at each official drawing conducted by the Division which shall be used to determine winning plays contained on a game ticket.

101.49 Winning POWERBALLnumbers

Winning POWERBALL numbers shall mean the six (6) numbers, the first five (5) from a field of fifty-nine(59) numbers and the last one (1) from a field of thirty-five (35) numbers, randomly selected at each official drawing conducted by the Product Group, which shall be used to determine winning plays contained on a game ticket.

101.50 Powerball game rules

Powerball game rules or rules of the Powerball game means the set of rules adopted by the MUSL POWERBALL Product Group.

101.51 Licensee lottery

Licensee lottery shall mean a state lottery of or regulated by government unite, political subdivision or entity thereof which is not a party lottery but has agreed to comply with all applicable MUSL and Product Group requirements and has been authorized by the MUSL and by the Powerball Product Group to sell the Powerball game.

370 Neb. Admin. Code, ch. 100, § 101