After identifying that one of the abandoned tickets was the winner, Gawlitza allegedly clocked off, changed out of his uniform and purchased the unclaimed tickets, including the jackpot winner.
Circle K became aware of the incident soon after and ordered the ticket to be held at its headquarters.
Local media reported the company has now opted to sue Gawlitza and the Arizona Lottery so a court can determine who the ticket’s rightful owner is, and who is entitled to claim the prize.
Circle K has referenced Arizona state rules which state lottery tickets are legally owned by the retailer if a customer refuses to pay for them and they remain unsold.
That interpretation was supported by state representative Jeff Weninger.
“It is in the administrative rules that basically says if they overprint that the retailer owns the tickets,” he said.
“It might be something after the court case is played out that we look at and say, OK, do we need this in actual law if a situation like this happens?”
A spokesperson for the Arizona Lottery acknowledged the “unique situation,” telling local media it was not aware of “any prior litigation of this sort” in the state.
The US$12.8m prize is the fourth-largest “The Pick” jackpot sold in Arizona, and the biggest since 2019, the New York Post reported.
Retailers earn a 6.5% commission on ticket sales and may receive additional incentive rewards for major wins.
Lottery prizes must be claimed 180 days of the draw, giving the court until May 23 to resolve the dispute.
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