S-13.1, r. 2 - By-law respecting forecast contests and numbers games

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chapter S-13.1, r. 2
By-law respecting forecast contests and numbers games
LOTO-QUÉBEC — FORECAST CONTESTS AND NUMBERS GAMES
Act respecting the Société des loteries du Québec
(chapter S-13.1, s. 13).
S-13.1
September 1 2012
DIVISION I
GENERAL PROVISIONS AND DEFINITIONS
1. Definitions: In this By-law, unless the context indicates otherwise,
(a)  “lottery ticket” means a ticket issued by a computer terminal confirming participation in a lottery scheme;
(b)  “retailer” means a person who is in charge of a computer terminal and who holds a retailer’s number issued by the Company;
(c)  “wager” means the sum of money staked by a participant;
(d)  “prize” means the sum of money or the goods owing to a participant holding a winning ticket;
(e)  “participant” means a person who takes part in a lottery scheme and who pays the wager;
(f)  “selection” means the choice on which a participant stakes a wager;
(g)  “Company” means the Société des loteries du Québec created by the Act respecting the Société des loteries du Québec (chapter S-13.1);
(h)  “lottery scheme” means one of the lottery schemes referred to in section 2;
(i)  “terminal” means a computer terminal owed by the Company that issues lottery tickets.
R.R.Q., 1981, c. S-13.1, r. 1, s. 1.
2. Lottery scheme: The lottery schemes referred to in this By-law are forecast contests and numbers games whose names and duration may vary.
R.R.Q., 1981, c. S-13.1, r. 1, s. 2.
3. Advertising: No person shall advertise the Company or its lottery schemes or use its trade marks or other intellectual property without prior written authorization from the Company.
R.R.Q., 1981, c. S-13.1, r. 1, s. 3.
DIVISION II
LOTTERY TICKETS
4. Content: The conditions regarding the appropriate lottery scheme must appear on the ticket together with:
(a)  the name of the lottery scheme;
(b)  the date of the awarding of prizes;
(c)  the selection and wager of the participant;
(d)  a verification number; and
(e)  the period during which holders of winning tickets must claim their prizes.
R.R.Q., 1981, c. S-13.1, r. 1, s. 4.
5. Equivalent certificate: For postal or subscription sales orders, the Company may replace a lottery ticket by a certificate specifying the name of the lottery scheme, the selection of the participant, and his wager. The participant in whose name the certificate is registered is presumed to hold that lottery ticket.
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.
R.R.Q., 1981, c. S-13.1, r. 1, s. 5; O.C. 269-92, s. 1.
6. Maximum price: A lottery ticket may not be sold at a price exceeding the value of the wager.
R.R.Q., 1981, c. S-13.1, r. 1, s. 6.
7. Invalid lottery tickets: The following are not valid:
(a)  any lottery ticket not paid for before the awarding or prizes;
(b)  except if the Company can determine by means of a verification number that the ticket is really the winning ticket for the prize claimed, any ticket that is illegible, mutilated, altered, counterfeited, improperly cut, not clearly printed, incomplete, erroneously printed or otherwise defective; and
(c)  any ticket cancelled by the retailer.
A holder of an invalid lottery ticket is not entitled to a prize or reimbursement, except in the case of paragraph c of the first paragraph.
R.R.Q., 1981, c. S-13.1, r. 1, s. 7.
8. Discrepancy: If there is any discrepancy between a lottery ticket and the data pertaining to that ticket given by the computer of the Company, the latter prevails.
R.R.Q., 1981, c. S-13.1, r. 1, s. 8.
9. Refusal of wager: The Company may, at its discretion, refuse to accept wagers and to issue tickets for any selection it determines at any time.
R.R.Q., 1981, c. S-13.1, r. 1, s. 9.
DIVISION III
PRIZES
10. Value of prizes: The annual value of the prizes offered may not be less than 35% or more than 75% of the aggregate amount of the wagers staked for each lottery scheme.
R.R.Q., 1981, c. S-13.1, r. 1, s. 10; O.C. 269-92, s. 2.
11. Pooling of wagers: The Company may decide, for purposes of establishing the prizes, to pool the wagers of one or several of its lottery schemes with the wagers of one or several similar lottery schemes of any other organization in Canada.
R.R.Q., 1981, c. S-13.1, r. 1, s. 11.
DIVISION IV
RETAILERS
12. Retailer’s number: A person may not act as a retailer unless he holds a retailer’s number issued by the Company. The number may be withdrawn at any time at the discretion of the Company.
R.R.Q., 1981, c. S-13.1, r. 1, s. 12.
13. Retailer’s prize: For each winning lottery ticket whose prize is equal to or more than $1,000, the Company gives the retailer who sold the winning ticket a prize equal to 1% of the prize awarded for the lottery ticket if the prize is actually paid to the winner and the retailer’s number is on the lottery ticket.
R.R.Q., 1981, c. S-13.1, r. 1, s. 13.
DIVISION V
AWARDING OF PRIZES
14. Procedure for choice: The Company determines the winning numbers by using one or several tumblers that choose numbers at random or a computer that generates random numbers produces numbers at random. Numbers may also be chosen according to the results of sports or other events.
R.R.Q., 1981, c. S-13.1, r. 1, s. 14.
15. Date of draw: Where the prizes are awarded by means of a draw and where the draw cannot be held on the scheduled date, the Company may set another date as soon as possible thereafter.
R.R.Q., 1981, c. S-13.1, r. 1, s. 15.
DIVISION VI
PAYMENT OF PRIZES
16. Winning lottery ticket: Where a valid winning ticket is filed with the Company, the prize is paid by a cheque issued in the name of the holder or his representatives assigns. The names originally entered on the lottery ticket are taken into consideration. In accordance with the inscriptions on the reverse side of the lottery ticket, certain prizes may be paid by retailers or banking establishments and, in such cases, are payable to the bearer of the winning ticket. A person may be required to provide proof that he has legal capability of receiving a prize before the latter is given to him.
R.R.Q., 1981, c. S-13.1, r. 1, s. 16.
17. Winning equivalent certificate: Despite the provisions of this Division, the cheque for a prize won by the holder of an equivalent certificate is made out in the name of that participant and mailed to the address specified by the participant.
R.R.Q., 1981, c. S-13.1, r. 1, s. 17.
18. Deadline for claim: Unless the Company receives a notice of claim before the deadline mentioned in this paragraph, it is discharged from any liability or obligation respecting prizes and from all operations respecting their awarding upon the expiry of one year following the date of awarding.
R.R.Q., 1981, c. S-13.1, r. 1, s. 18.
19. Advertising: The Company may use the name, address and photograph of the winners, or any other information voluntarily provided by them whether for advertising purposes or not. The latter may not claim any royalties for the broadcasting, printing, or advertising.
R.R.Q., 1981, c. S-13.1, r. 1, s. 19.
DIVISION VII
LIABILITY
20. Nature of mandate: By having a ticket issued to him by a retailer and by giving the retailer the wager, a participant appoints the retailer as his agent for the purpose of conveying his selection and wager to the Company, but the risks inherent in the sending of the selection and wager are borne solely by the participant.
R.R.Q., 1981, c. S-13.1, r. 1, s. 20.
21. Liability of mandataries: To rule out any possibility of fraudulent claim, a retailer is not liable toward the participant in the case of superior force. A retailer’s liability in all other cases, whether contractual or ex delicto, including negligence on his part or that of an employee, is limited for each participant or other person to the amount wagered.
R.R.Q., 1981, c. S-13.1, r. 1, s. 21.
22. Liability of the Company: The Company is not liable toward any person in the case of superior force. In all other cases, whether the liability is contractual or ex delicto, including negligence on its part or that of its employees, the Company is not liable toward any person unless the participant’s selection and wager were forwarded to it before the awarding of prizes. In the latter case, if the claim is based on a valid winning lottery ticket, the Company’s liability is limited to the value of the prize won with the lottery ticket. Otherwise it is limited to the amount of the claimant’s wager.
R.R.Q., 1981, c. S-13.1, r. 1, s. 22.
REFERENCES
R.R.Q., 1981, c. S-13.1, r. 1
S.Q. 1990, c. 46, ss. 42 and 46
O.C. 269-92, 1992 G.O. 2, 1059