Oregon State Lottery_177

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The Oregon Administrative Rules contain OARs filed through January 15, 2010

OREGON STATE LOTTERY

DIVISION 65

BREAKOPEN GAMES

177-065-0005

Definitions

For the purposes of division 65, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise:

(1) "Breakopen," or "Breakopen share" means a single card, the face of which is initially covered or otherwise hidden from view to conceal a number or series of numbers, symbol or set of symbols, or other patterns, a few of which numbers, symbols, or patterns have been designated in advance as prize winners.

(2) "Breakopen dispensing device" means a clear container or any coin or currency operated mechanical or electro mechanical device that a retailer uses for dispensing Breakopen shares to the public, upon payment of the appropriate purchase price.

(3) "Breakopen game" means a category of Breakopen packs that have in common the same unique game number, game theme and name, odds, prize structure, and payout rate.

(4) "Breakopen pack" means a sealed box containing a predetermined number of Breakopen shares which are then sold individually to Lottery players by a retailer.

(5) "Breakopen Prize Flare" or "Prize Flare" means a poster describing the contents of a Breakopen pack including: the numbers, symbols or patterns which win a prize; a tabulation of the number of prizes of each prize denomination; the odds of winning such prizes; and the number of Breakopen shares contained in the Breakopen pack.

(6) "Sight validation" means a printed feature on a Breakopen share used by a retailer to visually inspect a winning Breakopen share to verify the winning combination of numbers, symbols or patterns, and the prize amount.

(7) "Share verification card" means a printed card unique to and provided with each Breakopen pack which serves as an additional means of verifying a winning Breakopen share with a prize of $5.00 or more by providing a serialized cross-reference.

(8) "Breakopen vendor" means any person who produces and provides Breakopen games to the Lottery.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0015

Breakopen Game Special Inspection

(1) The Director has the authority to select, remove from a retail sale environment, and examine any Breakopen pack or Breakopen packs to evaluate the quality and/or integrity of a Breakopen game or Breakopen pack. If the Director permanently withdraws from sale a Breakopen pack in which the Lottery finds no alteration, deceptive condition, or other violation attributed to the retailer, then the retailer shall either:

(a) receive a new sealed Breakopen pack;

(b) be credited by the Lottery for the cost to the retailer of the Breakopen pack if the original factory seal was intact when removed by the Director; or

(c) receive credit for a pro rata portion of the retailer's cost for the Breakopen pack based upon the remaining unsold Breakopen shares in the selected Breakopen pack.

(2) The permanently withdrawn Breakopen pack becomes the property of the Lottery. Whether the retailer receives credit or a replacement Breakopen pack is at the discretion of the Director.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 9-1989, f. & cert. ef. 4-25-89; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0020

Limitations on the Sale of Breakopen Games

(1) No retailer is permitted to display or sell any Breakopen share which may have been in any manner marked, defaced, or tampered with or otherwise placed in a condition that may deceive the public or affect the chances of winning the prizes associated with the Breakopen pack.

(2) A retailer is prohibited from selling Breakopen shares using any method other than fair chance or in any manner contrary to the principle that every share has an equal and random chance of winning a prize.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 6-1993, f. & cert. e.f 7-2-93; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0025

Breakopen Game Price

The price of a Breakopen share is $0.25, $0.50, or $1.00, or such other price approved by the Director and marked on the individual share.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 24-1987(Temp), f. & cert. ef. 12-22-87; LC 8-1988, f. & cert. ef. 2-23-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 4-1990, f. & cert. ef. 4-3-90; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0030

Determination of Winners and Payment of Prizes

(1) Whether a Breakopen share is a winner, and the prize value for which such a Breakopen share may be claimed pursuant to OAR 177-065-0035, is determined in one of two ways:

(a) An individual may compare the numbers, symbols or patterns on a Breakopen share with the winning numbers, symbols or patterns displayed on a prize flare; or

(b) A retailer may compare a Breakopen share to the sight validation and/or share verification card.

(c) In the event that the methodologies specified in subsection (1)(a) and (1)(b) above produce conflicting results, the results of the methodology specified in subsection (1)(b) is controlling.

(2) A retailer shall pay all Breakopen game prizes for winning Breakopen shares validated pursuant to subsection (3). All Breakopen game prizes shall be paid by the retailer in cash or check, or any combination thereof.

(3) A retailer shall ensure the validity of an apparent winning Breakopen share by visually inspecting the Breakopen share using the sight validation feature, and by comparing the Breakopen share to the share verification card for Breakopen prizes of $5.00 or more.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 24-1987(Temp), f. & cert. ef. 12-22-87; LC 8-1988, f. & cert. ef. 2-23-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 6-1991, f. & cert. ef. 9-25-91; LC 7-1992, f. & cert. ef. 7-23-92; LC 6-1993, f. & cert. ef. 7-2-93; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0035

Claiming of Prizes

(1) Breakopen prizes must be redeemed on the day of purchase at the location where the winning share was purchased.

(2) A retailer shall prominently display a sign which informs the public that all Breakopen shares purchased at the retailer's location must be redeemed at the retailer's location on the day of purchase.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 24-1987(Temp), f. & cert. ef. 12-22-87; LC 8-1988, f. & cert. ef. 2-23-88; LC 29-1988, f. & cert. ef. 11-29-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 4-1990, f. & cert. ef. 4-3-90; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0040

Limitation on Breakopen Dispensing Devices

(1) Any Breakopen dispensing device must allow the public to clearly see that Breakopen shares are available within the device. Any container or device that attempts to reveal the uncovered play symbols of a Breakopen share that is being dispensed to a player shall not be a Breakopen dispensing device.

(2) A retailer must use a Breakopen dispensing device to dispense Breakopen shares to the public and shall use a Breakopen dispensing device solely for this purpose.

(3)(a) Except as provided in subsection (b) below, the Lottery is not responsible for any costs incurred by a retailer for the purchase, repair, or maintenance of any Breakopen dispensing device unless such costs are associated with a Lottery test of a Breakopen dispensing device at the retailer's location and the Lottery agreed in writing to reimburse the retailer's costs, or a specified portion thereof, in advance of the retailer incurring these costs.

(b) For those Breakopen dispensing devices that a retailer purchases from the Lottery, the Lottery, at its discretion, may provide minimal repair and maintenance services at no charge to the retailer. Prior to providing repair or maintenance services on such a Breakopen dispensing device, the Lottery shall inform a retailer as to whether the services shall be performed free of charge.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 24-1987(Temp), f. & cert. ef. 12-22-87; LC 8-1988, f. & cert. ef. 2-23-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 4-1990, f. & cert. ef. 4-3-90; LC 7-1992, f. & cert. ef. 7-23-92; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03

177-065-0045

All Devices Must Comply with Requirements

A retailer is not permitted to display or use any device to dispense Breakopen shares unless such device conforms to all requirements of these rules.

177-065-0055

Breakopen Game Assembly and Packaging

(1) Breakopen vendors shall manufacture, assemble, and package each Breakopen game and each Breakopen pack within any such Breakopen game in such a manner that none of the winning Breakopen shares can be identified prior to playing such shares and that neither the location nor approximate location of any of the winning shares can be determined by any means including, but not limited to, any pattern in manufacture, assembly, packaging, markings, sizing, or through the use of a light or any other device.

(2) No retailer or any employee or agent of a retailer shall attempt to identify winning Breakopen shares except pursuant to his or her responsibility under OAR 177-065-0030.

(3) All Breakopen games shall be approved by the Director for distribution and sale. Only the Lottery may distribute Breakopen packs to Lottery retailers. Only the Lottery and its retailers may sell Breakopen shares.

177-065-0065

Posting of Prize Flares

A Breakopen vendor shall include a prize flare in each Breakopen pack. A retailer shall display the prize flare in the immediate vicinity of the Breakopen dispensing device used to dispense Breakopen shares from the Breakopen pack.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 14-1987(Temp), f. & ef. 7-27-87; LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 24-1987(Temp), f. & cert. ef. 12-22-87; LC 8-1988, f. & cert. ef. 2-23-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 7-1992, f. & cert. ef. 7-23-92; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0075

Number and Value of Breakopen Game Prizes

(1) For each Breakopen game and Breakopen pack, the Director shall determine the number and value of prizes, the quantity of shares ordered, and the odds of winning prizes.

(2) The Director shall provide a Breakopen game insert to all Breakopen game retailers which provides a tabulation of the number of prizes of each prize denomination that are to be awarded in each Breakopen pack and the odds of winning such prizes.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LC 16-1987, f. 8-24-87, ef. 9-1-87; LC 11-1988(Temp), f. & cert. ef. 3-29-88; LC 13-1988, f. & cert. ef. 4-26-88; LC 15-1988, f. & cert. ef. 6-2-88; LC 19-1988(Temp), f. & cert. ef. 6-28-88; LC 21-1988, f. & cert. ef. 8-23-88; LC 12-1989(Temp), f. & cert. ef. 7-17-89; LC 15-1989, f. & cert. ef. 8-28-89; LC 1-1991, f. & cert. ef. 3-7-91; LC 7-1992, f. & cert. ef. 7-23-92; LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

177-065-0080

Breakopen Pack Returns

(1) A retailer may return a full Breakopen pack and receive either a new sealed Breakopen pack or credit for the retailer's cost for the returned Breakopen pack so long as the Breakopen game to which the Breakopen pack belongs is still being distributed by the Lottery to Lottery retailers and at least one of the following conditions exists:

(a) The Breakopen pack contains a manufacturing defect;

(b) The Breakopen pack contains Breakopen shares damaged during delivery or shipment;

(c) The original factory seal surrounding the Breakopen pack has not been broken and the Breakopen pack was ordered or shipped in error; or

(d) The Lottery or the retailer has terminated the retailer's contract to sell Breakopen games.

(2) If the Lottery or a retailer has terminated the retailer's contract to sell Breakopen games, the retailer may return a partial Breakopen pack and receive credit for a pro rata portion of the retailer's cost for the returned Breakopen pack based upon the remaining unsold Breakopen shares in the returned Breakopen pack.

(3) The Lottery shall ship a new, sealed Breakopen pack or give credit to the retailer upon the Director's confirmation of the requirements specified in subsection (1) or (2) above. Whether the retailer receives credit or a replacement Breakopen pack is within the Director's discretion.

(4) The Lottery reserves the right to allow the return of Breakopen shares for credit or Breakopen pack replacement in circumstances other than those specified in subsection (1) or (2) above, when, in the opinion of the Director, it is in the best interest of the Lottery to do so.

(5) A Breakopen pack returned under this rule becomes the property of the Lottery.

Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210
Hist.: LOTT 6-1999, f. & cert. ef. 5-27-99; LOTT 14-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 25-2002, f. & cert. ef. 11-25-02

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