Title 61--REVENUE DEPARTMENT OF REVENUE [61 PA. CODE CH. 869] Pennsylvania Lottery 25th Anniversary TV Game Show [26 Pa.B. 5712] The Department of Revenue (Department), under the authority in section 6 of the State Lottery Law (act) (72 P. S. § 3761-6), by this notice of proposed rulemaking omitted, adopts Chapter 869 (relating to Pennsylvania Lottery 25th Anniversary TV Game Show). Chapter 869 establishes and details the method of entry, the selection of contestants and alternates, and the requirements of contestants, proxies and stand-ins for the Pennsylvania Lottery 25th Anniversary TV Game Show.
Because of time constraints associated with the establishment, operation and administration of lottery games, the Department, under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204) and the regulation thereunder, 1 Pa. Code § 7.4, finds that notice of proposed rulemaking is under the circumstances impracticable and, therefore, may be omitted.
The Department's justification for utilizing the proposed rulemaking omitted process is based upon the time constraints associated with the establishment, operation and administration of lottery games. The efficient and successful operation of the Lottery requires that the Lottery implement the latest innovations and trends in the lottery industry. The inability to adapt marketing strategies quickly may lead to a reduction in lottery revenues. The necessity of the Lottery to react quickly to market forces has been recognized in the past as an appropriate justification for utilizing the proposed rulemaking omitted process as evidenced by the approval of these regulations in the past.
The Pennsylvania Lottery 25th Anniversary TV Game Show is being held to commemorate the 25th anniversary of the Pennsylvania Lottery and will conclude a year long celebration. The Pennsylvania Lottery 25th Anniversary TV Game Show will be telecast on Saturday, March 8, 1997, on channels throughout this Commonwealth that normally carry the nightly Pennsylvania Lottery drawings.
With the purchase of five Wild Card Lotto tickets in a single transaction between January 1, 1997, and January 31, 1997, a player will receive one Pennsylvania Lottery 25th Anniversary TV Game Show entry coupon. These entry coupons, when properly completed, signed and returned to the Lottery by the player in accordance with the § 869.4 (relating to how to enter), are valid Pennsylvania Lottery 25th Anniversary TV Game Show drawing entries for a chance to be selected to be on the show, or to be eligible for additional prizes. Entry coupons for the Pennsylvania Lottery 25th Anniversary TV Game Show must be received at Lottery Headquarters no later than February 10, 1997.
In accordance with § 869.5 (relating to Pennsylvania Lottery 25th Anniversary TV Game Show preliminary drawing), the Lottery will conduct a preliminary drawing to select the pool of entries from which the drawing to select the studio contestants will be made. The odds of being selected in the preliminary drawing are dependent upon the number of entries received. Section 869.7 (relating to selection of studio contestants) provides that the Lottery will select from the entries that had been selected in the preliminary drawing 25 studio contestants for the Pennsylvania Lottery 25th Anniversary TV Game Show.
Section 869.8 (relating to studio contestants) provides that the 25 studio contestants selected to participate in the show will each receive a prize of $2,500 and one night's hotel accommodations during the taping of the show. Two of the 25 studio contestants will be selected at the show taping to be game contestants for additional prizes. Additional prizes may be awarded to one or more remaining studio contestants.
Section 869.9 (relating to description of the Pennsylvania Lottery 25th Anniversary TV Game Show) provides that the Pennsylvania Lottery 25th Anniversary TV Game Show shall consist of at least two main games. Each main game is played by a single contestant, who is chosen randomly from the 25 studio contestants in an authorized manner as prescribed by the Secretary. The main games currently available are Grand Prix and Vortex.
Fiscal Impact
The Department has determined that the regulations will have no significant adverse fiscal impact on the Commonwealth and that the game described by the regulations will produce an undetermined net revenue.
Paperwork
The regulations will not generate substantial paperwork for the public or the Commonwealth.
Effectiveness/Sunset Date
The regulations will become effective upon publication in the Pennsylvania Bulletin. These regulations are scheduled for review within 5 years of publication. No sunset date has been assigned.
Contact Person
The contact person for an explanation of the regulations is Anita M. Doucette, Office of Chief Counsel, Department of Revenue, Dept. 281061, Harrisburg, PA 17128-1061.
Statutory Authority
The regulations are promulgated under section 3761-6 of the act. Section 3761-6(a) of the act specifically provides the Secretary of the Department with the power and duty to promulgate rules and regulations governing the establishment and operation of the lottery.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on October 16, 1996, the Department submitted a copy of the regulations with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Finance and the Senate Committee on Finance. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(c) of the Regulatory Review Act, the regulations were deemed approved by the House Committee on November 5, 1996, and were deemed approved by the Senate Committee on November 5, 1996. IRRC met on November 7, 1996, and approved the regulations.
Findings
The Department finds that the regulations are necessary and appropriate for the administration and enforcement of the authorizing statute. Under section 204 of the CDL, the Department also finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are impracticable because of the time constraints associated with the establishment, operation and administration of lottery games.
Order
Acting under the authorizing statute, the Department orders that:
(a) The regulations of the Department, 61 Pa. Code, are amended by adding §§ 869.1--869.15 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ROBERT A. JUDGE, Sr.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5766 (November 23, 1996).)
Fiscal Note: 15-378. No fiscal impact; (8) recommends adoption.
Annex A TITLE 61. REVENUE PART V. STATE LOTTERIES CHAPTER 869. PENNSYLVANIA LOTTERY 25TH ANNIVERSARY TV GAME SHOW Sec.
869.1. Purpose. 869.2. Definitions. 869.3. How to obtain an entry. 869.4. How to enter. 869.5. Pennsylvania Lottery 25th Anniversary TV Game Show preliminary drawing. 869.6. Manner of conducting the preliminary drawing. 869.7. Selection of studio contestants. 869.8. Studio contestants. 869.9. Description of the Pennsylvania Lottery 25th Anniversary TV Game Show. 869.10. Withholding. 869.11. Unclaimed prize money. 869.12. Entry restriction. 869.13. Advertising and publicity for Pennsylvania Lottery 25th Anniversary TV Game Show. 869.14. Malfunction of equipment or systems. 869.15. Governing law. § 869.1. Purpose.
This chapter establishes the Pennsylvania Lottery 25th Anniversary TV Game Show, and sets forth the method of entry, the selection of contestants and alternates, and the requirements of contestants, proxies and stand-ins for the game show.
§ 869.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Entry--A properly-completed Pennsylvania Lottery 25th Anniversary TV Game Show entry coupon received by the Lottery in accordance with § 869.4 (relating to how to enter).
Game contestant--An individual randomly selected by the Lottery from the 25 studio contestants to participate in the games played during the Pennsylvania Lottery 25th Anniversary TV Game Show.
On-line retailer--A person who is properly authorized by the Lottery to sell on-line tickets.
Stand-in--An individual appointed by the Lottery to act on behalf of a studio contestant if, at the designated time of the taping of the Pennsylvania Lottery 25th Anniversary TV Game Show, the contestant or the contestant's designated proxy does not participate in the show.
Studio contestant--One of the 25 individuals randomly selected by the Lottery from the pool of potential contestants, who has the right to appear in the studio audience during the taping of the Pennsylvania Lottery 25th Anniversary TV Game Show, in person or by proxy, and is eligible to be selected to participate on stage during the show as a game contestant.
§ 869.3. How to obtain an entry.
(a) If a lottery player purchases five Wild Card Lotto tickets in a single transaction, during the period beginning January 1, 1997, and ending January 31, 1997, Pennsylvania State Lottery on-line terminals will automatically print one Pennsylvania Lottery 25th Anniversary TV Game Show entry coupon for that player.
(b) An on-line entry coupon, when properly completed, signed and returned to the Lottery by the player in accordance with § 869.4 (relating to how to enter), is a valid Pennsylvania Lottery 25th Anniversary TV Game Show drawing entry for a chance to be selected to be a studio contestant or to be eligible for additional prizes.
§ 869.4. How to enter.
(a) To be eligible to be selected to be a studio contestant and to be eligible for other prizes, a player shall mail a completed entry coupon in a Pennsylvania Lottery 25th Anniversary TV Game Show envelope or an envelope no larger than 3 5/8 x 6 1/2 inches addressed to 25th Anniversary Game Show Entry, Pennsylvania Lottery, P. O. Box 999, Middletown, Pennsylvania, 17057-0999. Pennsylvania Lottery 25th Anniversary TV Game Show envelopes will be available at any on-line retailer while supplies last.
(b) Entry coupons received in envelopes larger than 3 5/8 x 6 1/2 inches will be disqualified.
(c) The player's name, street address, city, state, zip code and daytime telephone number shall be printed clearly on the designated lines on the entry coupon. The player shall sign the entry coupon on the line designated for signature. Incomplete entry coupons will be disqualified.
(d) Participants shall be at least 18 years of age or older. If the person whose name appears on the entry coupon is under 18 years of age, the entry coupon will be disqualified.
(e) Only one name per entry coupon may be used. If more than one name appears on an entry coupon, the entry coupon will be disqualified.
(f) Participants may enter as many times as they wish, but each envelope may contain only one entry coupon. If an envelope contains multiple entry coupons, all entry coupons within the envelope shall be disqualified.
(g) An entry coupon will be disqualified if any part of the entry coupon is illegible or if the entry coupon is duplicated.
(h) Only valid entries are eligible for the Pennsylvania Lottery 25th Anniversary TV Game Show Drawing.
(i) Winning lottery tickets submitted for payment in a Pennsylvania Lottery 25th Anniversary TV Game Show envelope or to the Pennsylvania Lottery 25th Anniversary TV Game Show address will not be paid or honored. Winning lottery tickets shall be submitted for payment in accordance with the game regulations for that game.
(j) Entry coupons for the Pennsylvania Lottery 25th Anniversary TV Game Show shall be received at Lottery Headquarters by February 10, 1997.
(k) As entry envelopes are received, they will be placed in numbered containers. These numbered containers will be stored in a secure area.
§ 869.5. Pennsylvania Lottery 25th Anniversary TV Game Show preliminary drawing.
(a) A preliminary drawing from the valid entries will be conducted by the Lottery to select 279 finalists. Each finalist will be eligible to win additional prizes or to participate in the Pennsylvania Lottery 25th Anniversary TV Game Show.
(b) The preliminary drawing will be held on a date after February 10, 1997, to be determined by the Secretary.
(c) The Lottery will make a reasonable effort to ensure that all valid entries are entered into the preliminary drawing. The Lottery assumes no responsibility for a lost, misplaced or misdirected entry coupon not entered into the preliminary drawing.
(d) If an entry coupon is disqualified during the preliminary drawing, the Lottery will select another entry coupon to replace the disqualified entry coupon in accordance with Lottery procedure.
(e) Determination of the finalists will be made by the Secretary, whose judgment will be final and binding.
(f) The odds of being selected in the preliminary drawing are dependent upon the number of entries received.
§ 869.6. Manner of conducting the preliminary drawing.
(a) The preliminary drawing will be held using the Pennsylvania Lottery 25th Anniversary TV Game Show entry coupons in their envelopes returned for the drawing. With the aid of mechanical or automatic drawing equipment, 279 entry coupons will be randomly selected from all entry coupons received.
(b) The envelopes selected in the preliminary drawing will be opened, and the enclosed entry coupon will be removed from each envelope. The Lottery will determine whether each entry coupon has complied with § 869.4 (relating to how to enter). An entry coupon which does not comply with § 869.4 will be disqualified.
(c) An individual may only qualify as a preliminary finalist once.
(d) The drawing will continue until 279 valid entries are selected.
§ 869.7. Selection of studio contestants.
The Lottery will randomly select from the preliminary finalists previously selected under § 869.5 (relating to Pennsylvania Lottery 25th Anniversary TV Game Show preliminary drawing) for the purpose of selecting 25 studio contestants for the Pennsylvania 25th Anniversary TV Game Show.
§ 869.8. Studio contestants.
(a) The 25 studio contestants will each receive hotel accommodation for the night prior to the taping of the show and a prize of $2,500. Two of the 25 studio contestants will be selected at the show taping to be game contestants. Additional prizes may be awarded to one or more remaining studio contestants.
(b) The Lottery will attempt to notify the 25 studio contestants by telephone or United States mail within 1 week after they are selected and qualified, and will provide the contestants with the date of the show's taping.
(c) Studio contestants have the choice to appear on the show in person or to designate a proxy to appear on the show on their behalf. Studio contestants designating a proxy to appear on the show shall complete and return a Designation of Proxy Form on a date to be determined by the Lottery.
(d) If the Lottery is unable to locate the studio contestant or the contestant's proxy prior to a designated cut-off time for the taping of the show, the Lottery is authorized to appoint a stand-in for the contestant. The Lottery is also authorized to designate a stand-in to appear on behalf of any studio contestant or proxy who the Lottery determines is unable or unfit to participate in the show.
(e) The proxy or stand-in has the authority to make decisions regarding the play of the game as if the proxy or stand-in were the contestant. Resulting outcomes are final and binding on the studio contestant for whom the proxy or stand-in is playing. Prizes won will be paid by the Lottery to the studio contestant for whom the proxy or stand-in is playing. To participate, each proxy and stand-in shall execute a Game Show Release Form prior to the taping of the show.
(f) Studio contestants or their designated proxies will be responsible for arranging and providing for their own travel to the taping of the show.
(g) Studio contestants shall execute a Contestant Claim Form prior to payment of prizes won by or for the studio contestant.
§ 869.9. Description of the Pennsylvania Lottery 25th Anniversary TV Game Show.
(a) Generally. The Pennsylvania Lottery 25th Anniversary TV Game Show shall consist of at least two main games. Each main game is played by a single contestant, who will be chosen randomly from the 25 studio contestants in an authorized manner prescribed by the Secretary. The main games currently are Grand Prix and Vortex.
(b) Description of main games.
(1) Grand Prix.
(i) The Grand Prix is a race game in which three different colored race cars are displayed on a board, each car on its own track (red, yellow and blue). Each car will represent a different dollar prize amount. There are five positions on each track. The fifth position is the finish line. The race cars will begin in the first position and can advance one position at a time until one car reaches the finish line. The game contestant will win the amount corresponding to the first car to reach the finish line.
(ii) Before the race begins, specific dollar amounts are assigned to the red track and yellow track. The blue track will begin the game as the ''Big Money'' car.
(iii) To advance the cars toward the finish line, a second board displaying 12 numbered windows is used. A picture of one race car has been concealed behind each window prior to the start of the game. There are four cars of each color. The contestant selects a numbered window and the color of the car behind that window is revealed. The matching race car on the first board advances one position. This process continues until one car on the board reaches the finish line.
(iv) If the winning car is the ''Big Money'' car, the studio contestant will choose one plaque from a preloaded rack of four plaques labeled A--D to determine the prize. Each plaque bears a different dollar amount. The dollar amount is revealed as the plaque is removed from the rack.
(2) Vortex.
(i) The Vortex is a funnel-shaped device known as a gravity well. When a line of seven balls is rolled onto the surface of the device, just within the perimeter edge, the balls chase each other in rapid elliptical orbits, spiraling downward and eventually dropping into a bowl-shaped bottom. A small speed bump on the side surface of the bowl helps retard the velocity of the balls once they have entered the bowl. The seven balls will usually come to a rest at the bottom of the bowl in a daisy shape: one center ball surrounded by the other six. Regardless of the order in which the balls are rolled into the device, whichever ball ends up in the center of the daisy shape is completely random.
(ii) A launching device is mounted along the inside perimeter of the device. It is essentially a grooved track, angled so that when the balls are released, they roll down the curved track, via gravity, into the Vortex. A handle is attached to a mechanical device which holds back the balls. When the contestant pulls back the handle, the balls are released.
(iii) Before the start of the game, three sets of seven balls each are loaded into the launcher. Any order in which the balls are lined up is for aesthetic purposes only and has no effect on the outcome of the roll. The first pull of the handle releases only the first set of seven balls. Before each subsequent pull of the handle, the previous set of seven balls are removed from the Vortex. For a second play of the device, the second pull of the handle releases the second set of seven balls. For a third play of the device, the third pull of the handle releases the third set of seven balls. At any given time, only the set of seven balls about to be launched is visible; the other balls behind the first set are concealed by an upper cover.
(iv) The wins and losses in this game are determined by the color of the ball in the center of the daisy shape after the balls have come to a complete stop at the bottom of the bowl. To start, the contestant is given a stake.
(A) For the first roll, six of the balls are yellow and one is red. At the end of the roll, if the center ball of the daisy is yellow, the money is doubled. If it is red, the money is unchanged.
(B) For the second roll, five of the balls are yellow and two are red. This time, if the center ball is yellow, the current money is tripled. If it is red, the money remains as it was after the first roll.
(C) At this point the contestant is given a decision: the contestant can stop with the current winnings or roll one more time.
(D) For the final roll, four of the balls are yellow and three are red. If the center ball ends up being one of the yellow balls, the current money is quadrupled and the game is over. If the center ball is red, the contestant loses half of the contestant's current winnings and the game is over.
(c) Additional games. If the Department decides to add additional games to the Pennsylvania Lottery 25th Anniversary TV Game Show, the Department will publish a notice in the Pennsylvania Bulletin prior to the taping of the show, describing the game and how it is played.
§ 869.10. Withholding.
Federal withholding taxes will be withheld by the Lottery in amounts required in accordance with provisions of law.
§ 869.11. Unclaimed prize money.
Unclaimed prize money on prizes won as a result of the Pennsylvania Lottery 25th Anniversary TV Game Show will be retained by the Secretary for payment to the person entitled thereto for 1 year from the date of the Pennsylvania Lottery 25th Anniversary TV Game Show. If no claim is made within 1 year of the Pennsylvania Lottery 25th Anniversary TV Game Show, the right of the contestant to claim the prize money shall expire and the prize money will be paid into the State Lottery Fund and used for purposes otherwise provided for by statute.
§ 869.12. Entry restrictions.
Officers or employes of a contractor, subcontractor or a spouse, child, brother, sister or parent residing in the same household of a contractor or subcontractor who is involved in the production, distribution or the operation of systems for the validation or accounting of on-line tickets or the Pennsylvania Lottery 25th Anniversary TV Game Show are ineligible to enter and are disqualified from participating in the Pennsylvania Lottery 25th Anniversary TV Game Show.
§ 869.13. Advertising and publicity for Pennsylvania Lottery 25th Anniversary TV Game Show.
(a) Submission of an entry coupon constitutes permission for the Lottery to use the contestant's name and likeness for the Pennsylvania Lottery 25th Anniversary TV Game Show, advertising, or publicity purposes without additional compensation.
(b) A studio contestant's entry into the taping studio constitutes permission for the Lottery to use that person's name, city or residence, and likeness for the Pennsylvania Lottery 25th Anniversary TV Game Show advertising, or publicity purposes without additional compensation.
§ 869.14. Malfunction of equipment or systems.
In the event a malfunction in the equipment or systems occurs, the Lottery will use substitute procedures that are fair and necessary to conduct the game show. The substitute procedures shall be determined in consultation with the independent auditing firm under contract for the Pennsylvania 25th Anniversary TV Game Show. In using the substitute procedures, the Lottery will strive to maintain the highest level of public confidence and integrity in the Pennsylvania 25th Anniversary TV Game Show.
§ 869.15. Governing law.
(a) By submitting an entry coupon for the Pennsylvania Lottery 25th Anniversary TV Game Show, the person agrees to comply with and abide by applicable laws, this part, instructions, conditions and final decisions of the Secretary and procedures established by the Director for the conduct of the Pennsylvania Lottery 25th Anniversary TV Game Show.
(b) Decisions made by the Director or the Secretary, including the declaration of prizes and the payment thereof, in interpretation of this part are final and binding on a person making a claim in respect thereto.
[Pa.B. Doc. No. 96-1964. Filed for public inspection November 22, 1996, 9:00 a.m.]
