Section 811.41. Promotional prizes

(a) Independently of, or concurrently with, the operation of the weekly lottery, the Secretary may, in his discretion, establish special drawings in order to award promotional prizes or their pecuniary value, such as vacation trips, automobiles, or other tangible items in addition to, or in lieu of, cash prizes. Cash prizes shall be determined by the Secretary; the value of the tangible items offered shall be considered only as a guide to the amount of the cash prize and not the determining factor, so as not to detract from the marketing and promotional value of the tangible items awarded to the winners. The nature and number of prizes will be determined as the case may be. Separate numbers may be imprinted on current lottery tickets or regularly imprinted tickets may be utilized to determine promotional prize winners. The drawing for the promotional prizes may be held independently of the regular prize drawings or may be incorporated therein. A winner of a regular weekly lottery drawing may also be entitled to a promotional prize if the appropriate number applicable thereto is also selected. The drawing for the promotional prize shall be held at times to be determined by the Secretary and shall be conducted in the same manner as that now provided for the selection of winning numbers in existing weekly lottery drawings. In view of the temporary nature and indeterminate frequency of promotional prize lotteries, a press announcement and normal advertising media will be utilized to inform the public. The Secretary may also establish incentive awards for lottery agents and persons selling winning tickets for promotional prizes, and may also, in his discretion, discontinue such awards without prior notice.

(b) Notwithstanding the provisions of subsection (a), the Secretary may, in his discretion, award in lieu equivalent cash prizes to the prize winners of tangible items, in those instances where deemed appropriate.

The provisions of this § 811.41 adopted August 31, 1973, effective September 1, 1973, 3 Pa.B. 1841; amended through October 21, 1977, effective October 22, 1977, 7 Pa.B. 3130.

Notation

Notes of Decisions

Jurisdiction

Where the Commonwealth or one of its agencies are only incidentally involved with no interest in the outcome, the Commonwealth Court does not have exclusive jurisdiction. In this case, the lottery merely holds the proceeds to which the litigants seek, and upon resolution of the matter, will disburse the proceeds to the entitled party. Therefore, because the lottery is a mere disinterested party, jurisdiction is proper in this district court. Livingston v. Unis, 22 D & C 4th 32 (1994).

Nature of Lottery

Only where the lottery uses its profits for public projects does the lottery act as a government. Therefore, the doctrine of custodia legis is inapplicable and the lottery is not immune from attachment. Livingston v. Unis, 22 D & C 4th 32 (1994).