53ER14-66. $25,000 Dream Makeover Second Chance Promotion

CERTIFICATION OF THE DEPARTMENT OF THE LOTTERY

EMERGENCY RULES FILED WITH THE

DEPARTMENT OF STATE

 

 

I HEREBY CERTIFY that the procedures used in the promulgation of this emergency rule are fair under the circumstances and that the rule otherwise complies with Section 120.54(4), Florida Statutes, and Chapter 24, Florida Statutes.  The adoption of this rule is authorized by the head of the agency and the rule is hereby adopted upon its filing with the Department of State.

Rule No.

53ER14-66

Under the provisions of Section 120.54(4)(d), F.S., this emergency rule takes effect immediately upon filing, unless a later time and date less than 20 days from filing, is set out below:

 

                                    Effective:_________________________

(month)        (day)         (year)

_________________________

Signature, Person Authorized

to Certify Rules

                 Legal Analyst_____________

Title

6

_________ _____________

Number of Pages Certified

 

DEPARTMENT OF THE LOTTERY

 

 

 

RULE NUMBER:RULE TITLE:

53ER14-66 $25,000 Dream Makeover Second Chance Promotion.

SUMMARY OF THE RULE: The Department of the Lottery will conduct the $25,000 Dream Makeover Second Chance Promotion from December 2, 2014, through February 10, 2015, in which special prizes will be awarded. 

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Legal Analyst, Department of the Lottery, 250 Marriott Drive Tallahassee, Florida 32301.

THIS EMERGENCY RULE TAKES EFFECT IMMEDIATELY UPON BEING FILED WITH THE DEPARTMENT OF STATE.

 

 

 

 

 

 

 

53ER14-66 $25,000 Dream Makeover Second Chance Promotion.

(1) Beginning December 2, 2014, and continuing through February 10, 2015, the Florida Lottery (or “Lottery”) will conduct the $25,000 Dream Makeover Second Chance Promotion (or “Promotion”) in which players can enter their non-winning Florida Lottery $25,000 DREAM MAKEOVER Scratch-Off tickets (or “$25,000 DREAM MAKEOVER Scratch-Off tickets”) on the Florida Lottery website for a chance to win $100, $500 or $25,000 in The Home Depot® gift cards. Winning $25,000 DREAM MAKEOVER Scratch-Off tickets cannot be used for entry into the second chance promotion.

(2) How to Enter. To enter a non-winning $25,000 DREAM MAKEOVER Scratch-Off ticket into one of the second chance drawings further described in subsection (3) below, players must enter on the Florida Lottery’s website at flalottery.com. On the home page of the Lottery’s website, players can click on the $25,000 Dream Makeover Second Chance Promotion banner and follow the “Ticket Entry” directions. Players will be prompted to log-in or register. The 24-digit ticket number (4-digit game number and 20-digit ticket number) is located at the bottom on the front of a $25,000 DREAM MAKEOVER Scratch-Off ticket under the latex covering. Players are to scratch off the latex covering to reveal the number and enter the entire 24-digit ticket number in the designated ticket entry area. Players may enter as many times as they wish during the contest period; however, each valid ticket number may only be used one time, for one entry into one second chance drawing. Tickets should not be mailed to the Lottery unless players are contacted by the Lottery and requested to do so. Non-winning tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned. The odds of winning depend on the number of entries submitted.

(3) Drawings. Three second chance drawings will be held between December 30, 2014, and February 12, 2015, from entries submitted before midnight ET on the last day of the entry period for each drawing. Entries will be good for one drawing only. Winners will be randomly selected from entries submitted during the entry periods shown below. 

Drawing	Drawing Date	Entry Period
1	Tuesday, December 30, 2014	December 2, 2014 – December 28, 2014
2	Tuesday, January 20, 2015	December 29, 2014 – January 18, 2015
3	Thursday, February 12, 2015	January 19, 2015 ‒- February 10, 2015

 

       (4) Prizes. In each of the three drawings, prizes will be awarded in accordance with the table below.

Prize Level	Prize Description	Winners per Drawing
Grand Prize	$25,000 in The Home Depot gift cards	1
Second Prize	$500 in The Home Depot gift cards	100
Third Prize	$100 in The Home Depot gift cards	250
Total Prizes per Drawing		351
A grand total of 1053 prizes will be available in the Promotion.

 

In each drawing, the Lottery will draw a total of three hundred fifty-one entries using a certified random number generation process. The first valid entry drawn will win the grand prize of $25,000 in The Home Depot gift cards, the second through one hundred first valid entries drawn will each win a second prize of a $500 The Home Depot gift card, and the one hundred second through the three hundred and fifty-first valid entries drawn will each win a third prize of a $100 The Home Depot gift card. The second through sixth valid entries drawn will be used in the order in which they are drawn to select a grand prize alternate winner in the event a grand prize cannot be awarded. Alternate winners will not be selected for second or third prizes.

(5) Notification.

(a) The Lottery will attempt to notify each grand, second and third prize winner by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than twenty-four hours after the winners are posted on the website.

(b) If the Lottery is unable to have personal contact with the grand prize winner within two weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the Lottery will award the prize to the first alternate winner. If the Lottery is unable to have personal contact with the first alternate winner within two weeks of the date of award of the prize, the alternate winner will forfeit his or her right to claim the grand prize and the Lottery will award the prize to a second alternate winner. This process will continue until an alternate is contacted or the Lottery has exhausted the list of available alternates. If the Lottery is unable to contact an alternate and the list of available alternates is exhausted, the prize will not be awarded.

 

 

(c) If the Florida Lottery is unable to have personal contact with a second or third prize winner within thirty days of the date of the drawing to confirm the winner’s mailing and email addresses, the winner will forfeit his or her right to claim the prize and the prize will not be awarded. A second prize winner who forfeits his or her right to claim a second prize will also forfeit his or her right to serve as an alternate for a grand prize.

(d) All entries in the second chance drawings are subject to validation by the Lottery and may be disqualified if eligibility requirements are not met.

    (6) How to Claim a Prize.

(a) To claim the grand prize in a $25,000 Dream Makeover second chance drawing, the winner must submit to the Lottery the original valid non-winning $25,000 DREAM MAKEOVER Scratch-Off ticket bearing the entry number selected in the drawing. Without such ticket, the winner will forfeit his or her right to claim a prize.

The winner must submit the valid entry ticket along with a completed Winner Claim Form DOL 173-2, revised 09/13, or Spanish Winner Claim Form DOL 173-2S, revised 09/13, and a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes. A copy of the current prize payment rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011. Forms DOL 173-2 and DOL 173-2S are hereby incorporated by reference and may be obtained at any Lottery office, from the Florida Lottery’s website at flalottery.com, or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required documentation must be received by the Lottery no later than two weeks after the winner is notified by the Lottery that he or she is a winner. If the Lottery has not received the required documentation by the fourteenth day after notification, the winner will forfeit his or her right to claim the prize and the Lottery will award the prize to an alternate winner in accordance with subsection (4) and paragraph (5)(b), above.

(b) Second and third prize winners are not required to submit the original non-winning Scratch-Off ticket or the documentation listed in paragraph (6)(a) in order to claim the prize. However, a second prize winner who becomes an alternate winner of the grand prize will be required to submit the original non-winning $25,000 DREAM MAKEOVER Scratch-Off ticket and the required documentation in order to claim the higher prize. Therefore, grand prize alternate winners should retain the original non-winning $25,000 DREAM MAKEOVER Scratch-Off ticket until notified by the Florida Lottery that the grand prize has been fulfilled. A grand prize alternate winner who has claimed a second prize at the time of notification that he or she is the alternate winner of the grand prize will receive the difference in gift cards between the grand and second prizes.

(7) Award of Grand Prize. Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Florida Lottery will award a prize of $25,000 in The Home Depot gift cards (twelve $2,000 gift cards and one $1,000 gift card). The winner will be provided with written documentation detailing the fulfillment and delivery processes. The Florida Lottery will notify the fulfillment company of the name and contact information of the winner and the fulfillment company will ship the gift cards within approximately ten business days after notification. A signature will be required for delivery. The value of the grand prize is $25,000. The Lottery will pay applicable federal income tax withholding on the value of the grand prize. The reportable taxable value of the grand prize is the value of the grand prize plus the value of the federal income tax withholding paid by the Lottery. The reportable taxable value of the grand prize for a U.S. citizen is $33.333.33.

(8) Award of Second Prizes. Upon making personal contact with a second prize winner, the Florida Lottery will award a prize of a $500 The Home Depot gift card. A second prize winner shall choose via an email sent by the Florida Lottery, one of two methods for receiving the gift card prize: U.S. mail (physical gift card) or electronically (electronic gift card). The Florida Lottery will notify the fulfillment company of the name and contact information of the winner and the winner’s delivery preference. Based on the winner’s delivery preference, the fulfillment company will either ship the physical gift card or email the electronic gift card within approximately ten business days after notification.

(a) Physical Gift Card. A physical gift card will be shipped via U.S. mail with tracking confirmation. In the event a tracking number does not have a delivery confirmation status, the fulfillment company shall attempt to contact the prizewinner weekly, for two consecutive weeks via telephone and/or email, to determine if the delivery was successful. If the prizewinner confirms that the prize is ‘lost’ and the delivery address is confirmed to be the address provided in the winner’s registration, a replacement gift card with the full value will be sent to the prizewinner at no additional charge. Neither the Florida Lottery nor the fulfillment company will be responsible for lost or stolen prizes after delivery confirmation of the gift cards. In the event that a prize is returned as undeliverable, the fulfillment company will make all reasonable efforts to locate the prize winner. In the event that the fulfillment company is unable to locate the prizewinner within thirty calendar days of return of the prize, the prize will not be awarded.

(b) Electronic Gift Card: The prizewinner will receive an email notification from [e-mail] that informs the prizewinner that he or she has received a gift card from the Florida Lottery. The email will contain a “VIEW MY EGIFT CARD” button that directs the prizewinner to a secure link as well as a “help” link. The link will contain a barcode and detailed redemption instructions. The electronic gift card can be printed or stored on a mobile device for use. If an electronic gift card is undeliverable and the Lottery and the fulfillment company are unable to contact the prizewinner after a reasonable attempt to do so, the prize will not be awarded.

(9) Award of Third Prizes. Upon making personal contact with a third prize winner, the Florida Lottery will award a prize of a $100 The Home Depot gift card. The Florida Lottery will notify the fulfillment company of the name and contact information of the prizewinner and the fulfillment company will email the prizewinner the gift card within approximately ten business days after notification. All third prize gift cards shall be delivered electronically as described in paragraph (8)(b) above.

(10) The Home Depot gift cards awarded as grand, second or third prizes do not have an expiration date and are valid until the card balance is depleted.

       (11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the prizes won in the $25,000 Dream Makeover Second Chance Promotion are the responsibility of the winner. 

       (12) Other Restrictions and Provisions.

(a) No cash option is available in lieu of non-cash $25,000 Dream Makeover Second Chance Promotion prizes.

(b) Players must be at least 18 years of age. Persons prohibited by section Section 24.116, Florida F.StatutesS., from purchasing a Florida Lottery ticket are not eligible to play.

(c) All prizes are subject to the provisions of Chapter 24, Florida F.StatutesS., and rules promulgated thereunder.

Prizes shall be paid in accordance with the rule of the Florida Lottery governing payment of prizes. A copy of the current prize payment rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.  

(d) By entering the $25,000 Dream Makeover Second Chance Promotion, a player gives his or her permission for the Florida Lottery to photograph and/or videotape and record the winner with or without prior notification and to use the name, photograph, videotape, and/or recording of the winner for advertising or publicity purposes without additional compensation.

(e) $25,000 Dream Makeover second chance drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of each drawing will be available after the drawing on the Florida Lottery’s website at flalottery.com.

Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1) FS. Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New 11-25-14.Rulemaking Authority 24.105(9)(a), (b), (c), 24.109(1) FS. Law Implemented 24.105(9)(a), (b), (c), 24.115(1) FS. History–New 11-25-14.

 

Rulemaking Authority 24.105(9), 24.109(1), FS.  Law Implemented 24.105(9), 24.115(1) FS.  History – New 11-25-14.    

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