Statutory Authority:  RSA 541-A:16, I(b)




          Sw 601.01  Definitions.  The following definitions shall apply for all prize claims:


          (a)  “Agent” means a sales outlet authorized to sell lottery tickets.


          (b)  “Commission” means the New Hampshire lottery commission.


Source.  #7167, eff 12-21-99; ss by #8365, eff 6-2-05, EXPIRED: 6-2-13


New.  #10718, eff 11-19-14




          Sw 602.01  Payments.


          (a)  No prize shall be paid without the physical possession of a winning ticket or a valid subscription recorded in the lottery’s central computer system.


          (b)  Each lottery ticket, whether instant or on-line, shall be a bearer instrument until such time as a signature is placed in the designated area on the back of the ticket.


          (c)  When a player has a winning ticket, he/she shall complete the reverse side of the ticket with his/her name, address and signature.


          (d)  Prizes, not to exceed $599, shall be paid by any:


                  (1)  Participating lottery sales agent;


                  (2)  State liquor store; or


                  (3)  Lottery commission headquarters.


          (e)  Prizes exceeding $599, shall be claimed at the lottery commission headquarters only.


          (f)  The claimant shall complete a winner claim form with the following:


(1)  Name;


(2)  Address;


(3)  Telephone number;


(4)  Social security number; and


(5)  Claimant signature and date.


          (g)  The commission shall prepare a prize check and a federal W2-G, Certain Gambling Winnings, form which shall be signed by the winner.  Pursuant to Internal Revenue Code Section 3402(q)(1) and the Economic Growth and Tax Relief Reconciliation Act of 2001, Sec. 101 (a), Table 7, prizes exceeding $5,000 shall be subject to applicable federal income tax withholding.


Source.  #7167, eff 12-21-99; amd by #7705, eff 6-8-02; ss by #8365, eff 6-2-05, EXPIRED: 6-2-13


New.  #10718, eff 11-19-14


          Sw 602.02  Identification.


          (a)  At the time a claim of over $599 is made, the claimant shall furnish any of the following documentation to the commission for purposes of identification:


(1)  A motor vehicle driver’s license issued by the state of New Hampshire, or a valid driver’s license issued by another state, or province of Canada, which bears the name, address and date of birth of the licensee;


(2)  An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, or any picture identification card issued by another state which bears the name, address and date of birth of the individual;


(3)  An armed services identification card; or


(4)  A valid passport from the United States or from a country with whom the United States maintains diplomatic relations.


          (b)  Photographic identification presented under this section shall be consistent with the appearance of the person, shall not be expired, and shall be correct and free of alteration, erasure, blemish, or other impairment.


          (c)  If the claimant is under the age of 16, and does not have photographic identification, the claimant shall present a valid social security card for verification by the commission.


          (d)  If the claimant is a trust, the individual named as trustee shall furnish photographic identification to the commission at the time of the claim. Acceptable forms of identification shall be those documents listed in Sw 602.02(a).


          (e)  If the claim is being filed by another individual on behalf of the claimant, the claimant’s original picture identification or a photostatic copy of the claimant’s picture identification as well as the filing individual’s original picture identification shall be presented to the commission at the time of the claim.


Source.  #7167, eff 12-21-99; ss by #8365, eff 6-2-05, EXPIRED: 6-2-13


New.  #10718, eff 11-19-14


          Sw 602.03  Social Security Number Verification.


          (a)  At the time a claim over $599 is made, the claimant shall furnish positive proof of their social security number as reported on the claim form, to comply with the following:


(1)  IRC 3402(q)(1) requires the reporting and withholding, if appropriate, on any winnings reported; and


(2)  Per IRC 3406(a), if social security number is not furnished per proper reporting on withholding, a back up withholding shall be withheld.


          (b)  Acceptable forms of positive proof shall include, but not be limited to:


(1)  Original signed social security card issued by Social Security Administration;


(2)  Valid driver's license in which the claimant's social security number is printed; or


(3)  Original and recent, within 30 days, paycheck stub in which the claimant's social security number is printed.


          (c)  If the claimant provides original documentation, other than what is stated above, with their social security number printed, the commission shall accept the documentation if it is determined to be a genuine document and is valid.  If the validity is questionable or cannot be determined, the commission shall then request an acceptable form as stated above in Sw 602.03(b).


          (d)  Failure to provide positive proof of the claimant’s social security number shall result in the claimant being required to complete and sign, the “W-9 Form, Request for Taxpayer Identification Number and Certification.”


Source.  #7376, eff 10-13-00; ss by #8365, eff 6-2-05, EXPIRED: 6-2-13


New.  #10718, eff 11-19-14


          Sw 602.04  Claim Period.  All lottery prizes shall be claimed prior to the expiration of one year from the termination of the game for instant games pursuant to Sw 1004 or for one year from the drawing date for on-line games.  Any prize not claimed within the one year period shall be forfeited.


Source.  #7167, eff 12-21-99; ss by #7376, eff 10-13-00; ss by #8365, eff 6-2-05 , EXPIRED: 6-2-13


New.  #10718, eff 11-19-14





Specific State Statute which the Rule Implements



Sw 601.01

RSA 541-A:16, I(b)

Sw 602.01

26 U.S.C. 3402(q)(1) and RSA 541-A:16, I(b)

Sw 602.02

RSA 541-A:16, I(b)

Sw 602.03

RSA 541-A:16, I(b)

Sw 602.04

RSA 541-A:16, I(b)