§ 18C-132. Procedures for drawings and claiming prizes; payment of prizes; protection of information concerning certain prize winners. - North Carolina Statutes

§ 18C‑132.  Proceduresfor drawings and claiming prizes; payment of prizes; protection of informationconcerning certain prize winners.

(a)        If a lottery gameuses a daily or less frequent drawing of winning numbers, a drawing amongentries including second chance drawings where the value of the prize is fivethousand dollars ($5,000) or more, or a drawing among finalists, all of thefollowing conditions shall be met:

(1)        The drawings shallbe open to the public.

(2)        The drawings shallbe witnessed by an independent certified public accountant or by an auditoremployed by a certified public accounting firm.

(3)        Any equipment usedin the drawings shall be inspected by the independent certified publicaccountant or auditor employed by a certified public accounting firm and anemployee of the Commission both before and after the drawings.

(4)        Audio and visualrecords of the drawings and inspections shall be made.

If a lottery game uses adrawing among entries for (i) a second chance drawing or (ii) any other promotionconducted by the lottery, where the value of the prize is less than fivethousand dollars ($5,000) in value, the requirements of subdivisions (2) and(3) of this subsection do not apply.

(b)        Prizes that remainunclaimed after the period set by the Commission for claiming the prizes shallnot be considered abandoned property. If a valid claim is not made for a prizewithin the applicable period, the unclaimed prize money shall be handled inaccordance with this Chapter.

(c)        After theexpiration of the claim period for prizes for each lottery game, the Commissionshall make available a detailed tabulation of the total number of prizes ofeach prize denomination that was actually claimed and paid directly by theCommission.

(d)        No prize shall bepaid for a lottery ticket or share that is stolen, counterfeit, altered,fraudulent, unissued, produced or issued in error, unreadable, not received orrecorded by the Commission by the applicable deadlines, lacking in captionsthat conform and agree with the play symbols as appropriate to the lottery gameinvolved, or not in compliance with any additional specific rules and public orconfidential validation and security tests appropriate to the particular gameinvolved.

(e)        No valid claim fora prize in any lottery game shall be paid more than once. The Director,Commission, and the State shall be discharged of all liability upon payment ofa prize.

(f)         Winners of lessthan six hundred dollars ($600.00) shall be permitted to claim prizes from anyof the following:

(1)        The same lotterygame retailer who sold the winning ticket or share.

(2)        Any other lotteryretailer.

(3)        The Commission.

(g)        Winners of sixhundred dollars ($600.00) or more shall claim prizes directly from theCommission.

(h)        The right of anyperson to a prize shall not be assignable. Payment of any prize may be paid toa person designated pursuant to a court order. Any prize or portion of a prizeremaining unpaid at the death of a prize winner shall be paid to the estate ofthe deceased prize winner or to the trustee of a trust established by the prizewinner or as designated in the deceased prize winner's will, living trust, orother prepared legal instrument if a copy of the trust document or instrumenthas been filed with the Director, and no written notice of revocation has beenreceived by the Director prior to the prize winner's death.

(i)         No ticket or sharein a lottery game shall be purchased by, and no prize shall be paid to, amember of the Commission, the Director, or employee of the Commission, or toany spouse, parent, or child living in the same household as a persondisqualified by this subsection.

(j)         No prize shall bepaid to a person under the age of 18.

(k)        If a prize winnersubmits to the Commission a copy of a protective order without attachments, ifany, issued to that person under G.S. 50B‑3 or a lawful order of anycourt of competent jurisdiction restricting the access or contact of one ormore persons with that prize winner or a current and valid AddressConfidentiality Program authorization card issued pursuant to the provisions ofChapter 15C of the General Statutes, that prize winner's identifyinginformation shall be treated as confidential information under G.S. 132‑1.2as long as the protective order remains in effect or the prize winner remains acertified program participant in the Address Confidentiality Program. Thatprize winner's identifying information shall be available for inspection by alaw enforcement agency or by a person identified in a court order if inspectionof the address by that person is directed by that court order.

(l)         All prizes aresubject to the State income tax.  (2005‑344, s. 1; 2005‑276, s. 31.1(k);2006‑225, s. 4; 2009‑357, ss. 8, 14.)