Sec. 36.04.01.30. Progressive Proposal

A. A progressive proposal:

(1) Shall be jointly prepared, executed, and submitted to the Commission by a facility operator and a manufacturer;

(2) Shall include the following:

(a) Manufacturer’s:

(i) Serial number;

(ii) Model number;

(iii) Software identification number; and

(iv) Version number;

(b) Denomination or a designation as multi-denomination;

(c) Cabinet style;

(d) An indication as to whether the video lottery terminal is to be:

(i) Stand alone;

(ii) Linked to other video lottery terminals in a facility; or

(iii) Linked to a wide area progressive system;

(e) The initial and reset amounts at which the progressive meter or meters will be set;

(f) For each progressive jackpot the:

(i) Rate of progression;

(ii) Limit; and

(iii) Probability of winning; and

(g) If requested by the Commission, additional documentation; and

(3) May be approved in writing by the Commission.

B. A manufacturer may not modify the terms of a progressive jackpot, and a facility operator may not make available for play, a video lottery terminal which offers a progressive jackpot that differs from its approved progressive proposal without:

(1) Submission to the Commission, in a time frame specified by the Commission, of a request for modification of an approved progressive proposal identifying any proposed change to the terms and conditions of the progressive proposal to be modified; and

(2) The approval in writing of the Commission.

C. The Commission may consider the following modifications to an approved progressive proposal:

(1) A revision to the payout limit on an available progressive jackpot, provided the revised payout limit is greater than the then current payout amount on the progressive jackpot meter;

(2) Transfer of an available progressive jackpot amount in accordance with §D of this regulation;

(3) Removal from the gaming floor of a video lottery terminal offering a progressive jackpot in accordance with §E of this regulation; and

(4) Other modifications deemed consistent with this regulation by the Commission.

D. A transfer of an available progressive jackpot amount under §C(2) of this regulation shall involve:

(1) The entire amount;

(2) Transfer to the:

(a) Progressive meter of a video lottery terminal with the same:

(i) Or greater probability of winning the progressive jackpot;

(ii) Or lower wager requirement to be eligible to win the progressive jackpot; and

(iii) Type of progressive jackpot award; or

(b) Progressive meters of two separate video lottery terminals provided each terminal to which a jackpot amount is transferred individually satisfies the requirements of §D(2)(a) of this regulation; and

(3) Disclosure of the intent to transfer an available progressive jackpot amount on the front of a video lottery terminal in a manner specified by the Commission for at least 10 days prior to the intended date of transfer.

E. Removal from the gaming floor of a video lottery terminal offering a progressive jackpot under §C(3) of this regulation shall require:

(1) If the removal involves one or more linked video lottery terminals offered in:

(a) A single facility, that at least two linked video lottery terminals offering the same progressive jackpot remain on the gaming floor; and

(b) More than one facility, that the facility operator retain at least one linked video lottery terminal offering the same progressive jackpot on its gaming floor; and

(2) In every case, disclosure of the intent to transfer an available progressive jackpot on the front of a video lottery terminal in a manner specified by the Commission for at least 14 days prior to the intended date of transfer.

F. Nothing in this regulation shall preclude the Commission from imposing additional terms and conditions on a modification of a progressive proposal.