North Dakota Administrative Code › Title 10 - Attorney General › Article 10-16 - Multi-State Lottery › Chapter 10-16-03 - Conduct and Play › Section 10-16-03-05 - Sale or gift of a ticket

Current through Supplement No. 393, July, 2024
1. Only a retailer may sell a ticket and only
				at the site listed on a license. The sales price of a ticket is exempt from
				sales tax. Except as authorized by the lottery or for a lottery promotion, or
				delivery of a ticket by a retailer, a complete sales transaction between the
				retailer and a player must occur at a terminal or a player-activated terminal,
				including the exchange of money, exchange of a play slip if the player uses it,
				and exchange of the ticket. The retailer shall accept cash and a lottery gift
				certificate and may, at its option, accept a check or debit card from a player.
				The retailer may not extend credit to a player or accept a food stamp or food
				coupon as consideration for a ticket. A player shall pay for a ticket when the
				ticket is bought from a retailer. A retailer may not loan money to a player or
				accept a postdated check from the player. A retailer is responsible for a check
				that is not collectible for any reason. This subsection does not prevent an
				individual who may lawfully buy a ticket from giving a gift of the ticket to
				another individual, or prevent a business or organization from purchasing a
				ticket and providing it as a gift or prize to an individual, except to an
				individual under age eighteen or an ineligible player according to section
				10-16-03-02.
2. An individual may
				buy a ticket on behalf of another individual or group of individuals, provided
				that the individual provides the ticket without charging a procurement fee and
				the other individual is not, or the group of individuals does not include, an
				individual under age eighteen or an ineligible player according to section
				10-16-03-02.
3. A subscription, a
				player shall place a play through a retailer who acts as an agent for the
				player in entering the play. The player shall place a play by using and
				hand-marking a play slip provided by the retailer or requesting the retailer to
				place a quick pick. The retailer may assist and train a player how to complete
				a play slip. It is the sole responsibility of the player to verify the accuracy
				of a game play and other data printed on a ticket. The retailer may not use a
				copy of a play slip or other material in a terminal's play slip reader or
				permit any device to be connected to a terminal to enter a play.
4. A retailer shall use a terminal to issue a
				ticket containing the selected sets of numbers, letters, or symbols each set of
				which is a play. A retailer's sale of a ticket is final. A player may not void
				or cancel a ticket by returning the ticket to the retailer and the retailer may
				not buy back a ticket from a player. If data printed on a ticket is incorrect,
				a ticket is printed in error, an employee, volunteer, or agent of a retailer
				steals a ticket from the retailer, or if any other issued ticket can be used to
				claim a prize, the retailer cannot void or cancel the ticket or return the
				ticket to the lottery for credit. If the retailer cannot sell the ticket, the
				retailer owns the ticket and may redeem a winning ticket. However, the lottery
				may credit a retailer's account for a ticket that is illegible, mutilated, or
				otherwise defective as it was printed and that because of its physical
				condition cannot be sold. A retailer shall comply with a policy of the lottery
				related to criteria for sending a claim for credit of a defective ticket to the
				lottery. The retailer may not send a defective ticket to the lottery until
				after the draw for the game for which the ticket was issued.
5. A retailer shall sell a ticket only for
				the standard price of the ticket. However, a retailer may do a promotion for a
				period not to exceed ninety consecutive days in any six-month period in which a
				retailer offers a ticket for sale through a discount provided that the retailer
				accounts for the standard price of the ticket to the lottery. A discount
				includes, for example, selling six tickets for the price of five tickets,
				selling two tickets for the price of one ticket, and selling a ticket for
				one-half price. A retailer may buy a ticket for the standard price of the
				ticket and offer it, at no charge, to an individual. A recipient of a ticket in
				a promotion may not be under age eighteen or an ineligible player according to
				section 10-16-03-02. A retailer may conduct other promotions, including:
a. Second chance drawings of winning or
				nonwinning tickets or other entry forms provided that an individual may not be
				required to purchase anything to participate in the drawing;
b. Giving away a ticket with the purchase of
				a product or service;
c. Giving
				away or discounting a product or service with the sale of a ticket or return of
				a number of nonwinning tickets; and
d. With the purchase of a ticket, an
				individual may spin a wheel, for example, to select a free prize, product, or
				service.