$12.8 Million Arizona Lotto Ticket At Center Of Circle K Controversy

Circle K Stores has filed a lawsuit against one of its employees in Scottsdale, Arizona, in a bid to determine who has ownership of a lottery ticket that matched the numbers for a $12.8 million jackpot for the Arizona Lottery’s Nov. 24 drawing of “The Pick.”

The convenience-store giant filed a declaratory judgement complaint last week against employee Robert Gawlitzka and other parties in Maricopa County Superior Court.

Circle K Stores claims Gawlitzka purchased the ticket after he knew it contained all six numbers that would allow him to claim the jackpot. The $12.8 million prize is the fourth-largest in the history of “The Pick,” a state-run lotto.

Circle K Stores’ lawsuit, which also names the Arizona Lottery as a defendant, is asking the Maricopa County Superior Court to declare who has ownership of the ticket.

Well, what happened was …

According to the complaint, a customer went to the Circle K at 5601 E. Bell Road in Scottsdale on Nov. 24 and ordered $85 worth of tickets. The customer, however, paid for only $60 worth of tickets and abandoned the remaining $25 worth.

The numbers 3-13-14-15-19-26 were drawn, and it turned out one of the abandoned tickets matched all six numbers. Circle K alleges Gawlitzka arrived at work the morning of Nov. 25, learned the store had sold the winning ticket, went through the pile of abandoned tickets, and found the winning one.

The company alleges Gawlitzka clocked out of his shift, took off his uniform, and purchased the tickets — including the winning one — from another employee for $10. Gawlitzka then signed the ticket. This allegation is relevant, because Arizona Lottery rules prohibit an “officer, employee, or agent of the retailer” from playing “any lottery game while working.”

Company management found out what happened and remanded the ticket to be held at its corporate offices.

Circle K cites Arizona Administrative Code

In its complaint, Circle K Stores did not claim ownership of the ticket, but cited Arizona Administrative Code § R19-3-213(D)(1), which is also relevant in this case, since the lottery ticket was printed, then refused.

The code is specific, stating, “All draw Game ticket sales are final. If a retailer accepts a returned draw Game ticket from a player or generates a draw Game ticket refused by the player and the retailer does not resell the ticket, the Lottery shall deem the draw Game ticket to be owned by the retailer.” Retailers are financially responsible to the Arizona Lottery for all tickets generated at their terminals.

According to AZFamily, a spokesperson for the Arizona Lottery said the agency was aware of the filing and, “This is a unique situation, and we are not aware of any prior litigation of this sort involving the Arizona Lottery.”

What’s the deal with ‘The Pick’?

This is not the first time an eight-figure winning ticket for “The Pick” has made national news. In 2019, a ticket purchased in Goodyear — also at a Circle K — worth $14.6 million went unclaimed by the Dec. 2 deadline from a June 5 drawing.

That unclaimed prize money was redirected for other Arizona Lottery games and funded state programs that benefited abused children and Native American education.