West Virginia Code § 29-22-9

Initiation and operation of lottery; restrictions; prohibited themes, games,
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machines, or devices; distinguishing numbers; winner selection; public drawings;
witnessing of results; testing and inspection of equipment; price of tickets; claim
for and payment of prizes; invalid, counterfeit tickets; estimated prizes and odds of
winning; participant bound by lottery rules and validation procedures; security
procedures; additional games; electronic and computer systems.
(a) The commission shall initiate operation of the state lottery on a continuous basis at the
earliest feasible and practical time, first initiating operation of the preprrinted instant winner
type lottery. The lottery shall be initiated and shall continue to be operated so as to produce
the maximum amount of net revenues to benefit the public purpose described in this article
consonant with the public good. Other state government departments, boards, commissions,
agencies, and their officers shall cooperate with the Lottery tCommission so as to aid the
Lottery Commission in fulfilling these objectives.
(b) The commission shall promulgate rules and regulations specifying the types of lottery
games to be conducted by the lottery. These rules and regulations shall provide that:
(1) No lottery may use the results of any amateur or professional sporting event, dog race, or
horse race to determine the winner except as authorized under §29-22D-1 et seq. of this
code. g
(2) Electronic video lottery systems must include a central site system of monitoring the
lottery terminals utilizing an online or dial-up inquiry.
(3) In a lottery utilizing a ticket, each ticket shall bear a unique number distinguishing it
from each other ticket.
(4) No lotteryV utilizing a machine may use machines which dispense coins or currency.
(5) Selection of the winner must be predicted totally on chance.
(6) Any drawings or winner selections shall be held in public and witnessed by an
independent accountant designated by the director for such purposes.
(7) All lottery equipment and materials shall be regularly inspected and tested, before and
after any drawings or winner selections, by independent qualified technicians.
(8) The director shall establish the price for each lottery and determine the method of
selecting winners and the manner of payment of prizes, including providing for payment by
the purchase of annuities for prizes payable in installments.
(9) All claims for prizes shall be examined and no prize shall be paid as a result of altered,
stolen, or counterfeit tickets or materials, or which fail to meet validation rules or
regulations established for a lottery. No prize shall be paid more than once and, in the event
of a binding determination by the commission that more than one person is entitled to a
particular prize, the sole remedy of the claimants shall be the award to each of them of an
equal share in the single prize.
(10) A detailed tabulation of the estimated number of prizes of each particular prize
denomination that are expected to be awarded in each lottery, or the estimated odds of
winning such prizes shall be printed on any lottery ticket, where feasible, or in descriptive
materials, and shall be available at the offices of the commission. e
(11) No prizes shall be paid which are invalid and not contemplated by the prize structure of
the lottery involved.
(12) By purchasing a ticket or participation in a lottery, a participant agrees to abide by, and
be bound by, the lottery rules which apply to the lottery or game play involved. An
abbreviated form of such rules may appear on tickets and shall appear on descriptive
materials and shall be available at the offices of the coammission. A participant in a lottery
agrees that the determination of whether the participant is a valid winner is subject to the
lottery or game play rules and the winner validatioln tests established by the commission.
The determination of the winner by the commsission shall be final and binding upon all
participants in a lottery and shall not be subject to review or appeal.
(13) The commission shall institute sguch security procedures as it deems necessary to ensure
the honesty and integrity of the winner selection process for each lottery. All such security
and validation procedures and techniques shall be, and remain, confidential and shall not be
subject to any discovery procedure in any civil, judicial, administrative, or other proceeding,
nor subject to the provisions of §29B-1-1 et seq. of this code.
(c) The commission shall proceed with operation of such additional lottery games, including
the implementation of games utilizing a variety of existing or future technological advances
at the earliest feasible date. The commission may operate lottery games utilizing electronic
computers and electronic computer terminal devices and systems, which systems must
inclWude a central site system of monitoring the lottery terminals utilizing direct
communication systems, or other technological advances and procedures, ensuring honesty
and integrity in the operation of the lottery.

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