S-13.1, r. 6 - By-law respecting the Mini Loto, any instant lottery and any “pool” type lottery

Updated to 1 September 2012

This document has official status.

chapter S-13.1, r. 6

By-law respecting the Mini Loto, any instant lottery and any “pool” type lottery

Act respecting the Société des loteries du Québec

(chapter S-13.1, s. 13).

DIVISION I GENERAL PROVISIONS AND DEFINITIONS

1. Définitions: In this By-law, unless the context indicates otherwise,

“ticket” means a lottery ticket issued by the company under a lottery scheme;

“retailer” means a person who sells tickets to the public;

“prize” means a sum of money or a good that the company must remit to the holder of a valid winning ticket;

“company” means the Société des loteries du Québec incorporated under the Act respecting the Société des loteries du Québec (chapter S-13.1);

“lottery scheme” means a lottery scheme referred to in section 2;

“drawing” means an event from which the company determines the winning numbers and, without limiting the generality of the foregoing, includes the use of one or more draw machines that choose the numbers at random or a computer that can generate random numbers or the determination of the winning numbers in accordance with the results of sporting or other events.

Decision 81-12-02, s. 1; S.Q. 1990, c. 46, ss. 42 and 46.

2. Lottery schemes: The lottery schemes referred to in this Regulation are “a lottery called Mini Loto”, any instant lottery and any “pool” type lottery”, the latter 2 being so designated on the front or back of the ticket. The name and duration of an instant lottery and a “pool” type lottery may vary from one issue to the next.

Decision 81-12-02, s. 2.

3. Advertising: No person shall advertise or use the logo, name or other characteristic used to identify lottery schemes without the written authorization of the company.

Decision 81-12-02, s. 3.

DIVISION II TICKETS

4. Content: The conditions regarding the appropriate lottery scheme must appear on the ticket; these must include:

(1)  the name of the lottery scheme, and where applicable, the name of the game in question;

(2)  the face value of the ticket;

(3)  a list of the prizes that may be own;

(4)  the method of awarding the prizes that may be won; and

(5)  the period during which holders of winning tickets must claim their prizes.

Decision 81-12-02, s. 4.

5. Equivalent certificates: In the case of postal or subscription sales orders, the company may replace the ticket sold by a certificate specifying the name of the lottery scheme and the number of that ticket. The participant in whose name the certificate is registered is presumed to hold that ticket. The certificate is valid only if the price thereof has been paid before the date of the drawing to which it refers.

In such cases, the company may retain the prizes of $50 or less won by all holders of tickets sold by postal or subscription order or by group holders of such tickets. Where applicable, the company deposits those prizes in a special account and thereafter redistributes them by means of a drawing among the winners of the said prizes or among the holders of the category whose prizes of $50 or less are deposited in the above-mentioned special account.

In the case of telephone sales orders or interactive television sales orders received by one of the company’s computers from a participant identified by his personal identification code and having to his credit with the company sufficient sums to cover the amounts he bets at the time of the sale, the participant is presumed to hold a ticket bearing the data pertaining to the sale and generated by the company’s computer.

Decision 81-12-02, s. 5; O.C. 270-92, s. 1.

6. Maximum price: No ticket may be sold at a price exceeding its face value.

Decision 81-12-02, s. 6.

7. Invalid tickets: The following are not valid:

(1)  any ticket that was not sold by the company or that was bought back by it;

(2)  any ticket on which the box marked “NUL SI DÉCOUVERT”, “DO NOT REMOVE” or any other inscription to the same effect is uncovered so that all or part of the validation number hidden under the inscription can be seen; and

(3)  any ticket that is illegible, mutilated, changed, counterfeited, inproperly, cut, poorly, incompletely or erroneously printed or otherwise defective, except if the company can determine by means of a validation number that the ticket is really the winning ticket for the prize claimed.

Decision 81-12-02, s. 7.

DIVISION III PRIZES

8. Prizes offered: The aggregate value of prizes offered during each year may not be less than 35% nor more than 75% of the total amount of ticket sales for different lottery schemes.

Decision 81-12-02, s. 8; O.C. 463-2007, s. 1.

9. Awarding of prizes: Prizes for the Mini Loto and “pool” type lotteries are awarded in accordance with drawings from which the company determines the winning tickets.

The winning tickets for instant lotteries are determined at the time of their printing; certain winning tickets for these lotteries may also be determined by a drawing.

Decision 81-12-02, s. 9.

10. Drawings: If the prizes are to be awarded by a drawing and the drawing cannot be held on the date printed on the ticket, the company must fix another date subsequent thereto as soon as possible or offer to reimburse the purchase price of the ticket.

Decision 81-12-02, s. 10.

DIVISION IV RETAILERS

11. Retailer’s number: No person may operate as a retailer without holding a retailer’s number issued by the company. Such number may be withdrawn at any time at the discretion of the company.

Decision 81-12-02, s. 11.

12. Retailer’s prize: The company may pay to the retailer of a winning ticket a retailer’s prize, if the prize awarded for the ticket was actually paid to the winner and the retailer’s number was entered on the ticket.

Decision 81-12-02, s. 12.

DIVISION V PAYMENT OF PRIZES

13. Filing of ticket: For the purposes of this Division, a ticket shall be considered as having been filed with the company as soon as it has been received by the latter.

Decision 81-12-02, s. 13.

14. Payment:

(1)  Where a valid ticket is filed with the company, the prize is paid by a cheque issued in the name of the legitimate holder or his representatives. The names originally entered on the ticket are taken into consideration.

(2)  Certain prizes may be paid by retailers or banks and, in such cases, are payable to bearer.

(3)  A person may be required to furnish proof of his identity and proof of his capacity to receive a prize before the latter may be paid to him.

Decision 81-12-02, s. 14.

15. Payment by mail: Despite section 13 and 14, and save for the exception described in the second paragraph of section 5, the cheque corresponding to the prize won by a participant mentioned in section 5 is made out in the name of that participant and mailed to the address written under his name.

Decision 81-12-02, s. 15.

16. Deadline for claim: Unless the company has received a notice of claim before the expiry of the deadlines mentioned in this section, it is discharged from all liability and obligation relating to the operation of a lottery scheme upon the expiry of one year following the date of the drawing or, for an instant lottery, upon the expiry of one year following the date of issue of the tickets.

Decision 81-12-02, s. 16; O.C. 270-92, s. 2.

17. Advertising and compensation: Where the company uses the name, address and photograph of the winners, or any other information supplied by the winners, they may not claim or require any broadcasting or printing royalties or any other advertising rights.

Decision 81-12-02, s. 17.

DIVISION VI FINAL PROVISION

18. (Omitted).

Decision 81-12-02, s. 18.

REFERENCES

Decision 81-12-02, 1982 G.O. 2, 19; Suppl. 1224

S.Q. 1990, c. 46, ss. 42 and 46

O.C. 270-92, 1992 G.O. 2, 1060

O.C. 463-2007, 2007 G.O. 2, 1599