# Title 10 — Attorney General

## Article 10-16 — Multi-State Lottery

## Chapter 10-16-01 — General Rules

### § 10-16-01-01. Definitions.

As used in this article:
1. "Achievement reward program" means a marketing strategy that recognizes and incentivizes
rewards program members for reaching specific goals within a given time frame.
2. "Applicant's agent" means a general manager, sole proprietor, partner of a partnership, or, for
a corporation, an officer or director who is primarily responsible for financial affairs or a
shareholder who owns ten percent or more of the common stock, of a business that is
applying for or renewing a license. A general manager is an individual who regularly is onsite
and primarily responsible and accountable for managing and controlling the day-to-day
operation of the business.
3. "Cash voucher" means a voucher generated by the lottery's player-activated terminal that can
be validated for cash at the retailer's lottery terminal.
4. "Central gaming system" means a computer system designed to control, monitor,
communicate with a terminal, and record play transactions and accounting data.
5. "Draw" means the formal process of randomly selecting winning numbers, letters, or symbols
that determine the number of winning plays for each prize level of a game.
6. "Game" means an online game authorized by the lottery.
7. "Game group" means a group of lotteries that have joined together to offer a game on a
multi-state basis according to the terms of the MUSL or the game group's rules or both.
8. "Grand prize" means the top prize that can be won in a game.

9. "Group play" means two or more individuals sharing a purchase made.
10. "iLottery play" means the purchase of a draw game play via the internet or mobile application.
11. "Lottery" means the North Dakota lottery.
12. "Mobile payment service" means the use of mobile technology to facilitate transactions for
purchasing lottery tickets.
13. "Multi-state lottery" means a lottery game that spans the individual borders of a state,
jurisdiction, province, district, commonwealth, territory, or country.
14. "MUSL" means the multi-state lottery association.
15. "North Dakota Lottery Players Club®" means a program that players can join to earn exclusive
benefits and rewards.
16. "Pick & Click" means the name of the application used to purchase iLottery plays.
17. "Play" means the numbers, letters, or symbols that are on a ticket or properly and validly
registered online play to be played by a player in a draw, excluding a lottery promotion.
18. "Play area" means the area of a play slip that contains one or more sets of numbered squares
to be marked by a player for a game. Each play area contains a certain number of numbers,
letters, or symbols that correspond to the game.
19. "Play slip" means a physical or electronic means by which a player communicates the player's
intended play selection to a retailer or at a player self-service terminal as defined and
approved by the lottery.
20. "Player self-service terminal" means a device authorized by the lottery and operated by a
player to function in an online, interactive mode with the lottery's central gaming system to
receive and process lottery transactions, including the purchase and issuance of a ticket, the
validation of a ticket, and the issuance of a cash voucher.
21. "Points for Drawings®" means a program to which players can enter second chance drawings
by using points accumulated during registration or from the entry of valid tickets.
22. "Points for Prizes®" means a rewards program from which players can earn points by
becoming registered members of the North Dakota Lottery Players Club and entering valid
tickets to purchase items from the store.
23. "Quick pick" means the selection of numbers, letters, or symbols by a certified random number
generator, which are printed on a ticket or properly and validly registered via iLottery play and
played by a player for a draw in a game.
24. "Retailer fraud" means an owner or employee of a licensed retailer who knowingly and
intentionally:
a. Fails to properly validate a player's winning ticket;
b. Fails to pay the player the proper prize amount on a winning ticket;
c. Fails to provide the player the proper exchange ticket on a winning multi-draw ticket; or
d. Performs any other act that causes financial harm to a player in violation of the lottery
law or rules.

25. "Set prize" means all prizes, except the grand prize for a game that are to be paid by a single
cash payment and, except as provided by rule, will be equal to the prize amount established
by the MUSL or the game group or both for the prize level of the game.
26. "Terminal" means a device authorized by the lottery and operated by a retailer or the lottery to
function in an online, interactive mode with the lottery's central gaming system to issue a ticket
and enter, receive, and process a lottery transaction, including a purchase, validation of a
ticket, and issuance of a report.
27. "Ticket holder" means an individual who has signed a ticket or possesses an unsigned ticket.
28. "Top prize" means the highest tier prize that can be won in a game.
29. "Validation" means the process of determining whether a ticket presented for a prize is a
winning ticket.
30. "Wager account" means the account to which funds are deposited and from which iLottery
play purchases are made.
31. "WebCash voucher" means a digital funding option for iLottery.
32. "Winning account" means the account to which iLottery play winnings are deposited and from
which player withdrawals are made.
33. "Winning numbers" means the numbers, letters, or symbols randomly selected in a draw to
determine a winning play contained on a ticket or properly and validly registered via iLottery
play or randomly selected in a lottery promotion to determine a winning prize stated on a ticket
or coupon.
History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2008; July 6, 2014;
January 31, 2016; February 1, 2016; October 29, 2017; May 14, 2018; July 1, 2019; July 29, 2025;
September 28, 2025; January 1, 2026.
General Authority: NDCC 53-12.1-13
Law Implemented: NDCC 53-12.1-13
### § 10-16-01-02. Advertising.

1. The lottery shall arrange for a retailer to be provided with:
a. Point-of-sale promotional material, including game brochure, promotional poster, and
lottery signage; and
b. Problem gambling helpline telephone number.
2. Advertising and promotional material provided by the lottery must:
a. For a game brochure, indicate how a game is played, amount of prize offered, where and
how a ticket may be bought, when a draw is held, odds on a game, and whether the
grand prize is payable, at a player's option, on an annuitized basis or as a lump sum
payment; and
b. Present the lottery as a form of entertainment.
3. Advertising material may not:
a. Present a game as an investment to achieve financial security;
b. Target a specific ethnic, racial, or religious group of people;

c. Use the name, signature, or picture of a current elected or serving state official to
promote a game. However, the name and picture of the attorney general may appear on
the lottery's web site and in the lottery's newsletter;
d. Indicate that an individual has a better chance of winning by purchasing a ticket at a
specific retailer's site;
e. Promise or imply that an individual will win or that an individual who does not play has
lost anything, other than a chance to win. However, advertising may promote the
opportunity available to win; or
f. Misrepresent a chance of winning a prize; or
g. Degrade an individual who does not buy a ticket.
History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2006; July 1, 2019.
General Authority: NDCC 53-12.1-13
Law Implemented: NDCC 53-12.1-02, 53-12.1-03, 53-12.1-13
### § 10-16-01-03. Debt setoff of prize.

In applying subsection 7 of North Dakota Century Code section 53-12.1-12, if two or more persons
or state agencies make adverse claims to part or all of a player's prize amount and one of the claims is
for child support, the lottery shall transfer the amount claimed for child support directly to the state
disbursement unit of the department of human services, may transfer any remaining prize amount up to
the amount of the other claims to Burleigh County district court, and then make a payment of any
remaining prize amount to the player. However, if none of the claims is for child support, the lottery may
transfer the total amount of the claims to Burleigh County district court and make a payment of any
remaining prize amount to the player. The lottery shall notify each of the affected state agencies or
persons of the amount transferred to district court. The lottery shall notify the player in writing of the
proposed debt setoff and the player's recourse. If the player disputes the child support claim, the player
shall pursue remedial action according to subsection 2 of North Dakota Century Code section
50-09-14. If the player disputes a claim unrelated to child support, the player may pursue remedial
action through district court.
History: Effective February 1, 2004; amended effective April 1, 2006; April 1, 2008; July 1, 2010.
General Authority: NDCC 53-12.1-13
Law Implemented: NDCC 53-12.1-12, 53-12.1-13
### § 10-16-01-04. Audit of security.

Repealed effective April 1, 2006.
### § 10-16-01-05. Restrictions, requirements, and authorizations.

1. An employee of the lottery or a member of the immediate family or an individual who regularly
resides in the same household of the employee may not receive a gift, gratuity, or other thing
of value, excluding food, nonalcoholic beverage, or incidental item, from an applicant for a
license, licensed retailer, or online gaming system or advertising vendor.
2. The lottery may waive a rule if it is in the best interest of the state, lottery industry, or public.
3. In applying subdivision d of subsection 1 of North Dakota Century Code section 53-12.1-11,
personal information on a winning player does not include an amount won or the player's city
or state of residence. If the player signs a release, the lottery may disclose or publish personal
information the player authorizes to be released. Subdivision d of subsection 1 of North

Dakota Century Code section 53-12.1-11 does not apply to cash, merchandise, an iLottery
play, or ticket the lottery awards as a prize in a promotion.
4. If a lottery rule conflicts with an official or updated MUSL or game group rule or game rule, the
official or updated MUSL or game group rule or game rule supersedes the lottery rule. The
official MUSL or game group rule or game rule governs the administration of a game.
5. The lottery may conduct a promotion that includes a prize and shall prescribe promotional
rules. The prize may be cash, ticket, iLottery play, or merchandise.
6. The lottery may immediately withdraw a lottery terminal, equipment, and supplies from a
retailer's site if the retailer's license is inactive, suspended, revoked, or the retailer's license
was not renewed.
History: Effective February 1, 2004; amended effective April 1, 2006; July 1, 2006; April 1, 2008;
May 14, 2018; July 1, 2019; January 1, 2026.
General Authority: NDCC 53-12.1-13
Law Implemented: NDCC 53-12.1-02, 53-12.1-08, 53-12.1-11, 53-12.1-13
