(a) Pick 3™ . The executive director is authorized to conduct a game known as "Pick 3." The executive director may issue further directives and procedures for the conduct of Pick 3 that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to Draw Game Rules (General)).
(b) Definitions. In addition to the definitions provided in §401.301 of this title (relating to General Definitions), and unless the context in this rule otherwise requires, the following definitions apply.
  (1) Pick 3 Play--A play other than a Pick 3 plus FIREBALL play consists of:
    (A) the selection of a play type;
    (B) the selection of a Pick 3 base play amount of $.50, $1, $2, $3, $4 or $5;
    (C) the selection of a draw date and time;
    (D) the selection of numbers in accordance with this section; and
    (E) the purchase of a ticket evidencing those selections.
  (2) Pick 3 plus FIREBALL Play--A Pick 3 plus FIREBALL play refers to a play purchased as part of the Pick 3 plus FIREBALL add-on feature fully described in subsection (h) of this section. A Pick 3 FIREBALL number is the additional number drawn from 0 to 9 that is used to replace any one of the three Pick 3 winning numbers to make FIREBALL prize winning combinations. The Pick 3 plus FIREBALL option cannot be purchased independently of a Pick 3 play.
  (3) Playboard--Three fields of numbers found on the playslip, with each field containing 10 numbers from 0 to 9.
(c) Play types.
  (1) Pick 3 may include the following play types: exact order, any order, exact/any order, combo, and Pick 3 plus FIREBALL.
    (A) An "exact order" play is a winning play if the player's three single-digit numbers match in exact order the three single-digit numbers drawn in the applicable drawing.
    (B) An "any order" play is a winning play if the player's three single-digit numbers match in any order the three single-digit numbers drawn in the applicable drawing.
    (C) An "exact order/any order" play is a winning play if either the player's three single-digit numbers match in exact order the numbers drawn in the applicable drawing or the player's three single-digit numbers match in any order the numbers drawn in the applicable drawing.
      (i) An exact order/any order play is a 3-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. An exact order/3-way any order play involves three possible winning combinations.
      (ii) An exact order/any order play is a 6-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. An exact order/6-way any order play involves six possible winning combinations.
      (iii) An exact order/any order play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.
    (D) A "combo" play combines all of the possible straight (exact) plays that can be played with the three single-digit numbers selected for the play.
      (i) A combo play may be a 3-way combo play or a 6-way combo play.
      (ii) 3-way combo play is a combo play in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. A 3-way combo play involves three possible winning combinations.
      (iii) 6-way combo play is a combo play in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. A 6-way combo play involves six possible winning combinations.
      (iv) Combo play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.
    (E) A Pick 3 plus FIREBALL play wins a FIREBALL prize for each winning combination of numbers created by replacing any one of the three Pick 3 winning numbers with the Pick 3 FIREBALL number for that drawing, as determined by the selected play type and wager amount.
  (2) The executive director may allow or disallow any type of play described in this subsection.
(d) Plays and tickets.
  (1) A ticket may be sold only by a retailer and only at the location listed on the retailer's license. A ticket sold by a person other than a retailer is not valid.
  (2) A Pick 3 play involves the selection of three single-digit numbers, with each selected from the numbers 0 to 9.
  (3) The cost of an exact order play is the same as the Pick 3 base play amount selected for the play.
  (4) The cost of an any order play is the same as the Pick 3 base play amount selected for the play.
  (5) The cost of an exact order/any order play is:
    (A) $1 if the Pick 3 base play amount selected for the play is $.50;
    (B) $2 if the Pick 3 base play amount selected for the play is $1;
    (C) $4 if the Pick 3 base play amount selected for the play is $2;
    (D) $6 if the Pick 3 base play amount selected for the play is $3;
    (E) $8 if the Pick 3 base play amount selected for the play is $4; or
    (F) $10 if the Pick 3 base play amount selected for the play is $5.
  (6) The cost of a combo play is determined by multiplying the Pick 3 base play amount selected for the play by the number of winning combinations possible with the three single-digit numbers selected for the play.
  (7) The cost of a Pick 3 plus FIREBALL play is equal to the cost of the connected Pick 3 wager for the base game, thereby doubling the purchase. The cost of a Pick 3 plus FIREBALL play is in addition to the cost of the connected Pick 3 play.
  (8) The cost of a ticket is determined by the total cost of the plays evidenced by the ticket.
  (9) Consecutive plays. A player may purchase one or more plays for any one or more of the next 24 drawings after the purchase and may purchase up to 24 consecutive plays for a particular drawing time.
  (10) A retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers, play type and base play amount selected for each play; the number of plays, the draw date(s) for which the plays were purchased; cost of the ticket, and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock, or, for third-party point-of-sale systems approved by the commission, printed on paper stock or otherwise issued in a manner approved by the commission to provide tangible evidence of participation in a lottery game.
  (11) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.
(e) Cancellation of plays. A retailer may cancel a Pick 3 play only in accordance with the following provisions:
  (1) the ticket evidencing the play must have been sold at the retail location at which it is cancelled;
  (2) the retailer must have possession of the ticket evidencing the play;
  (3) all Pick 3 plays evidenced by a single ticket must be cancelled;
  (4) cancellation may occur no later than 60 minutes after sale of the ticket evidencing the play;
  (5) cancellation must occur before the beginning of the next draw break after the sale of the ticket evidencing the play;
  (6) cancellation must occur before midnight on the day the ticket evidencing the play was sold; and
  (7) the play was not generated as part of a promotion.
(f) Drawings.
  (1) Pick 3 drawings shall be held four times a day, Monday through Saturday, at 10:00 a.m., 12:27 p.m., 6:00 p.m., and 10:12 p.m. Central Time. The executive director may change the drawing schedule, if necessary.
  (2) At each Pick 3 drawing, three single-digit numbers shall be drawn for the base game. Each single-digit number will be drawn from a set that includes a single occurrence of all 10 single-digit numbers (0 to 9). After the Pick 3 base game drawing, the Pick 3 FIREBALL number will be randomly drawn from a set of 10 numbered balls (0 to 9).
  (3) Numbers drawn and the order in which the numbers are drawn must be certified by the commission in accordance with the commission's draw procedures.
  (4) The numbers selected in a drawing and the order of the numbers selected in the drawing shall be used to determine all winners for that drawing.
Cont'd...
(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a lottery drawing representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.
(g) Prizes.
  (1) Prize payments shall be made upon completion of commission validation procedures.
  (2) A Pick 3 plus FIREBALL play is a separate play from the exact order play, any order play, exact order/any order play, or combo play with which it is connected.
  (3) The executive director may temporarily increase any prize set out in this paragraph for promotional or marketing purposes.
  (4) A person who holds a valid ticket for a winning exact order play is entitled to a prize as shown.
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  (5) A person who holds a valid ticket for a winning 3-way any order play is entitled to a prize as shown.
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  (6) A person who holds a valid ticket for a winning 6-way any order play is entitled to a prize as shown.
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  (7) A person who holds a valid ticket for a winning exact order/3-way any order play is entitled to a prize as shown.
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  (8) A person who holds a valid ticket for a winning exact order/6-way any order play is entitled to a prize as shown.
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  (9) A person who holds a valid ticket for a winning combo play is entitled to a prize as shown.
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(h) Pick 3 plus FIREBALL.
  (1) Pick 3 plus FIREBALL is an add-on feature to the Pick 3 base game. Adding the Pick 3 plus FIREBALL option doubles the cost of wager and creates more possible winning combinations. For instance, if a player purchases a Pick 3 play with an exact order play type for $1.00, the Pick 3 plus FIREBALL play will cost an additional $1.00. If a player purchases a Pick 3 "6-way combo" for $6, the Pick 3 plus FIREBALL play will cost an additional $6. The Pick 3 FIREBALL number will be randomly drawn from a set of 10 numbers from 0 to 9. The Pick 3 FIREBALL number drawn will apply exclusively to the Pick 3 base game drawing and prizes. The Pick 3 plus FIREBALL option cannot be purchased independently of a Pick 3 play.
  (2) The Pick 3 FIREBALL number is used to replace any one of the three drawn Pick 3 winning numbers to create FIREBALL prize winning combinations.
  (3) If the player's selected numbers match any of the FIREBALL prize winning combinations, the Pick 3 plus FIREBALL play wins in accordance with the charts in Figures 401.307(g)(4) through 401.307(g)(9).
  (4) All FIREBALL prizes are in addition to any Pick 3 base game wins. Specifically, if a player purchases the Pick 3 plus FIREBALL option, then if the Pick 3 FIREBALL number is the same as one of the three numbers drawn in the Pick 3 base game drawing, and the player's numbers already match the numbers drawn for the player's play type, the player will be awarded the FIREBALL prize in addition to the Pick 3 prize as identified in subsection (g) of this section (relating to the Pick 3 prize charts). For instance, assume a player selects an exact order $1.00 base game play of 1, 2, and 3, and purchases a Pick 3 plus FIREBALL play for an additional $1.00 (total $2.00 wager). If the Pick 3 winning numbers drawn are 1-2-3, and the Pick 3 FIREBALL number is 1, the play will win the base game prize of $500 and the FIREBALL prize of $180 for a total of $680. As another example, assume the player selects an exact order 1-2-2 for $1.00 and purchases a Pick 3 plus FIREBALL play for an additional $1.00 (total $2.00 wager). If the Pick 3 winning numbers drawn are 1-2-2 and the Pick 3 FIREBALL number is 2, then the play will win the base game prize of $500 and win the FIREBALL prize of $180 twice for a total of $860.

Source Note: The provisions of this §401.307 adopted to be effective June 10, 2007, 32 TexReg 2990; amended to be effective December 26, 2007, 32 TexReg 9609; amended to be effective May 28, 2013, 38 TexReg 3341; amended to be effective September 17, 2015, 40 TexReg 6101; amended to be effective December 31, 2017, 42 TexReg 7385; amended to be effective April 28, 2019, 44 TexReg 1309; amended to be effective August 30, 2020, 45 TexReg 5908; amended to be effective April 28, 2022, 47 TexReg 2131