Oregon Administrative Rules|Section 177-054-0090 - Prize Claim and Payment

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) General: In the event of a conflict between these rules governing Take A Shot, Oregon! and either OAR 177-010-0085 or 177-046-0110, these rules shall govern.
 
(2) Claim Form Required by Deadline: A selected winner who has been validated under OAR 177-054-0060 to be eligible to claim a prize must submit a completed and signed Take Your Shot, Oregon! Prize Claim Form that includes all of the following information, consents, and agreements to the Lottery within five business days from the date and time of first initial contact with the Oregon Health Authority as described in OAR 177-054-0080(4). To be submitted timely, the Lottery must receive the claim form by the deadline. A selected winner may be required to submit verification of any of the information on the claim form. Such validation must be provided upon request to the Oregon Health Authority, the Lottery, or the entity paying the prize:
(a) Personal information and attestations needed to verify the person meets all eligibility requirements such as, but not limited to, name, address, and date of birth;
 
(b) Either a Social Security Number(SSN) or an Individual Tax Identification Number (ITIN) for the purpose of identifying child support obligors, identifying persons that have received an overpayment of assistance for which the Department of Human Services or the Oregon Health Authority has issued a final order for overpayment under ORS chapter 183, and submitting required documents to state and federal tax authorities, including as necessary for payment of an education scholarship prize;
 
(c) Consent for the Oregon Health Authority to disclose the person's name, contact information, and any other information necessary to verify eligibility and effect payment to the Oregon Lottery and entity responsible for prize payment;
 
(d) Statement that the person understands that accepting the prize means that records and information relating to the prize and the person's identity as a winner of the prize are public records and subject to disclosure;
 
(e) Consent for the state to use the person's name, image, city of residence, and other incidental personal information in publication materials about Take Your Shot, Oregon! and COVID-19 vaccination efforts;
 
(f) Statement that the person has read, understood, and agrees to abide by any Take Your Shot, Oregon! Terms and Conditions that have been provided to the person; and
 
(g) Agreement that the Lottery may conduct the database checks required by ORS 461.715, 461.719, OAR 177-010-0090, and 177-010-0094; that the Lottery may share information obtained from those database checks with the Oregon Health Authority or other entity paying a prize as necessary to enable recovery of moneys pursuant to those laws; and that the Oregon Health Authority or other entity paying a prize may reduce the prize amount by any amounts required by law to be withheld including applicable tax withholding, a writ of garnishment or other legal attachment, child support, or other obligations owed to the State of Oregon. In the event of such required withholdings, a winner is not entitled to the full prize amount and the amounts withheld will be transferred by the entity paying the prize as required by law.
 
(3) Claim Form Submission: A claimant must submit a completed and signed Take Your Shot, Oregon! Prize Claim Form to the Lottery using one of the following methods. The claimant bears all risk associated with the method of submission, including failure of the Lottery to receive the claim form for any reason: 
(a) By electronically returning the claim form to the Lottery or the Oregon Health Authority via secure electronic signature program such as DocuSign or Adobe Sign. This is only an approved method of claim submission when the claimant receives a secure hyperlink from the Lottery or the Oregon Health Authority through which the claimant may access, complete, and sign the claim form and securely return the claim form electronically. Other forms of electronic submission (such as by emailing a scanned copy of the completed claim form) are not secure and are not authorized by the Lottery. The claim form is considered received on the date and time noted by the secure electronic signature program.
 
(b) By faxing the claim form to 503-540-1060. The official date and time of receipt will be automatically recorded by the Lottery's fax machine.
 
(c) By personally presenting the claim form to Lottery Headquarters during regular Lottery business hours. Lottery Headquarters is located at 500 Airport Road S. Salem, OR 97301.
 
(d) By depositing the claim form in the secure drop box at Lottery Headquarters. Lottery Headquarters is located at 500 Airport Road S. Salem, OR 97301. Such drop box is noted with Lottery signage. When Lottery personnel retrieve the claim form, the official date received will be noted to be the prior business day.
 
(e) By mailing the claim form (via postal mail or private express carrier) addressed to the Lottery at PO Box 14515, Salem, OR 97309. The Lottery recommends a claimant use certified mail and express delivery. The official date received is the date Lottery personnel receive the claim form, which will be indicated with a date stamp or hand-written notation.
 
(4) Verification of Identity: The Lottery, the Oregon Health Authority, or other entity paying a prize may require the winner to present valid proof of identity to confirm that the winner is the person associated with the unique identification number. If the Lottery, the Oregon Health Authority, or other entity paying a prize is unable to confirm the person claiming the prize is the winner, the person is ineligible to receive a prize.
 
(5) Verification of Vaccination. A selected winner who submitted an alternative entry as described in OAR 177-054-0050(1)(b) must submit documentation to the Oregon Health Authority or the Lottery verifying the individual received at least one dose of a COVID-19 vaccine by the applicable deadline. Such verification must be submitted within five business days from the date and time of first initial contact with the Oregon Health Authority as described in OAR 177-054-0080(4).
 
(6) Failure to Claim Prize by Deadline: If a winner does not agree and provide the required information, consents, and agreements described in this rule or if the winner agrees but does not submit the required or requested documentation, verifications, or Take Your Shot, Oregon! Prize Claim Form by the deadline, or if the prize winner otherwise declines the prize, the Oregon Health Authority or the Lottery shall document such determination. The Oregon Health Authority may then proceed to validate and notify the next alternate winner as provided in OAR 177-054-0080 and so on and so forth until a prize winner has claimed a prize in each Take Your Shot Oregon drawing.
 
(7) Multiple Claimants Prohibited. Except as provided in section (8) of this rule, or unless an exception is approved by the Director of the Oregon State Lottery, only the person who is associated with the unique identification number selected by the Lottery as the winner (or alternate winner, if applicable) may claim the prize in a Take Your Shot, Oregon! drawing. Such a prize may not be claimed by multiple owners.
 
(8) Education Scholarship Prizes: Notwithstanding section (7) of this rule, for a winner of an education scholarship drawing, such prize must be claimed by the selected winner's parent or guardian to hold for the benefit of the minor child. Certain children are ineligible pursuant to OAR 177-054-0040(1) and the parent or guardian claiming the prize must meet all eligibility requirements except vaccination. The Oregon Health Authority or the Lottery must be able to verify the child's vaccination. The prize and earnings thereon may only be used for "qualified higher education expenses," as defined in ORS 178.300, with the exception that one nonqualified withdrawal may be taken to pay any tax liability that may be associated with the prize. The only nonqualified withdrawal must be taken by April 15, 2022 and is subject to any applicable taxes and penalties.
 
(9) Deceased Winner: If the winner of a Take Your Shot, Oregon! drawing prize is deceased, the Oregon Health Authority or other entity paying the prize may make payment of the prize to the estate of the deceased prize winner. The Oregon Health Authority or other entity paying the prize may petition a court of competent jurisdiction for judicial resolution of the matter.
 
(10) Prize Payment and Delivery: A prize in Take Your Shot, Oregon! may be paid by a variety of entities, including the Oregon Health Authority, a local county government body, or other state government entity. The prize-paying entity must work with the Lottery to ensure any legally required offsets are completed before making payment of the prize. The prize-paying entity shall pay the remaining prize amount to the winner in the manner determined to be most convenient and appropriate for the prize amount and ensure payment is affected in a reasonable time period after all eligibility, prize claim requirements, and prize reductions required by law have been conducted, completed, and verified. The Oregon Health Authority or other prize-paying entity may delay prize payment if needed to ensure the expenditure has been duly authorized as required by law.
 
Or. Admin. R. 177-054-0090
LOTT 3-2021, temporary adopt filed 06/24/2021, effective 06/24/2021 through 12/20/2021; LOTT 6-2021, temporary adopt filed 07/01/2021, effective 7/1/2021 through 12/20/2021
Statutory/Other Authority: Or. Const. Art. XV § 4(4)(a), ORS 183.325, 183.335, 190.010, 461.120, 461.130, 461.150, 461.170, 461.210, 461.230, 461.250, 461.715, 461.719, OAR 177-010-0025 & 137-001-0080 
 
Statutes/Other Implemented: Or. Const. Art. XV § 4, ORS 183.325, 183.335, 190.010, 461.120, 461.130, 461.150, 461.160, 461.190, 461.210, 461.230, 461.250, 461.560, 461.600, 461.715, 461.719, OAR 177-010-0025 & 137-001-0080 
This section was updated on 7/10/2021 by overlay.