Florida Administrative Code (Last Updated: December 2, 2024) |
53. Department of the Lottery |
D53. Departmental |
53ER16. Emergency Rule For Year 2016 |
1(1) Beginning February 1, 2016, through April 11, 2016, the Florida Lottery will conduct the 16BE THE THUNDER19SM 20Second Chance 22Promotion 23(“Promotion”) 24in which 26players can enter non-winning $250,000 CASHFALL Florida Lottery Scratch-Off tickets (Game 1295) on the Florida Lottery website for a chance to win Tampa Bay Lightning and Circle K prize packages. Winning Scratch-Off tickets from the above-listed game cannot be used for entry into the Promotion.
72(2) 73How to Enter. 76To enter a non-winning $250,000 CASHFALL Scratch-Off ticket into one of the four 90second chance drawings, 93players must enter on the Florida Lottery’s website at flalottery.com. On the home page of the Florida Lottery’s website, players can click on the BE THE THUNDER120SM 121Second Chance Promotion banner and follow the directions. Players will be prompted to log-in or register. The 24-digit ticket serial number (4-digit game number and 20-digit ticket number) is located below the play area on the front of a $250,000 CASHFALL 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 serial number in the designated ticket entry area on the website. Players may enter as many times as they wish during the contest period; however, each valid ticket number may only be entered one time into one second chance drawing. Tickets should not be mailed to the Florida Lottery unless players are contacted by the Florida Lottery and requested to do so. Non-winning tickets received in the mail by the Florida Lottery will not be entered in the drawing and will not be returned. The odds of winning depend on the number of entries entered. 282All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.
302(3) 303Circle K Coupon. 306Each time a player enters a non-winning $250,000 CASHFALL Scratch-Off ticket into a drawing, the player will be provided a link on the entry page to print a Circle K coupon for a free medium coffee. Coupons may be redeemed at participatin349g Circle K stores in Florida.
355(4) 356Prizes. 357The following table sets forth the prizes available in the BE 368THE THUNDER370SM 371Second Chance Promotion.
374Prizes per Drawing
377Prize Level
379Prize
380Number of Winners per Drawing
385First Prize
387Tampa Bay Lightning and Circle K Fly Away Package
3961
397Second Prize
399Tampa Bay Lightning and Circle K Luxury Suite Package
4084
409Third Prize
411Tampa Bay Lightning 10-Game Pack
4162
417Fourth Prize
419Circle K and Lightning VIP Experience
4254
426Fifth Prize
428BE THE THUNDER431SM 432Experience
4333
434Sixth Prize
436Tampa Bay Lightning Team Merchandise Package
44210
443A total of 96 prizes are available in the Promotion.
453(5) 454Drawings. 455A total of four drawings will be 462held and winners will be randomly selected from entries submitted before midnight 474(475ET476) 477on the last day of the entry period for each drawing. The entry periods and drawing dates are set forth in the table below.
501Drawings
502Drawing Date
504Entry Period
5061
507February 24, 2016
510February 1, 2016 513‒ February 22, 2016
5172
518March 9, 2016
521February 23, 2016 ‒ March 7, 2016
5283
529March 23, 2016
532March 8, 2016 ‒ March 21, 2016
5394
540April 13, 2016
543March 22, 2016 ‒ April 11, 2016
550In 551each of the four drawings, a total of forty valid entries will be drawn by the Flo568rida Lottery using a certified random number generation process. The first valid 580entry drawn will win the first prize. The second through fifth valid entries drawn will each win a second prize. The sixth and seventh valid entries drawn will each win a third prize. The eighth through eleventh valid entries drawn will each win a fourth prize. The twelfth through fourteenth valid entries drawn will each win a fifth prize. The fifteenth through the twenty-fourth valid entries drawn will each win a sixth prize. The twenty-fifth through the fortieth valid entries drawn will be used in the order in which they were drawn and in the order of need to select an alternate first, second, third, fourth or fifth prize winner in the event a first, second, third, fourth or fifth prize cannot be awarded. Alternate winners will not be selected for sixth prizes.
713(6) 714Notification.
715(a) The names of the prizewinners in each second chance drawing will be posted on flalottery.com after the drawing.
734(b) 735The F737lo738r739ida Lottery will attempt to notify each winner by telep749ho750n751e, U.S. mail or email using the contact information provided in th763e 764winner’s registration data 767no later than twenty-four hours after the winners are posted on the Florida Lottery’s website. The Florida Lottery deems the winner’s registration data as the winner’s official contact information, including the physical mailing address, and will not attempt to further locate a winner if attempts to reach the winner using the winner’s registration data are unsuccessful. 823If the Florida Lottery is unable to have personal contact with the first prize winner or a second, third, fourth or fifth 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 Florida Lottery will award the prize to the first alternate winner in accordance with subsection (5) above. 887If the Florida Lottery is unable to have personal contact with the first alternate winner within two weeks of the date of notification, the alternate winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to a second alternate winner. This process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of available alternates. If the Florida Lottery is unable to contact an alternate, the prize will not be awarded. If the Florida Lottery is unable to have personal contact with a sixth 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 prize will not be awarded.
1015(7) 1016How to Claim a Prize.
1021(a) To claim any prize in the Promotion, the winner must submit to the Florida Lottery the original valid non-winning $250,000 CASHFALL 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. First, second and third prize winners must also submit a completed Winner Claim Form DOL-173-2, revised 09/13, or DOL-173-2S, revised 09/13 (Spanish version of the Winner Claim Form) and 1098a 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. 1143All prizewinners, except sixth prize winners, must also submit 1152a completed 1154Release and Authorization form 1158DOL-474, effective 8/13, 1161or Spanish Release and Authorization form DOL-474S, effective 8/117013.
1171(b) For all prizewinners, 1175the applicable required claim documentation must be received by the Florida Lottery no later than two weeks after the winner is notified by the Florida Lottery that he or she is a winner. If the Florida Lottery has not received the required documentation from a first, second, third, fourth or fifth prize winner by the fourteenth day after notification, 1234the winner will forfeit his or her right to claim the prize, and the Florida Lottery will award the prize to an alternate winner in accordance with 1261subsection (5) and paragraph (6)(b) above. 1267If the Florida Lottery has not received the required documentation from a sixth prize winner by the fourteenth day after notification, the sixth prize winner will forfeit his or her right to claim the prize and the prize will not be awarded.
1309(c) 1310The required claim documents and timeframe to return the documentation for each prize are shown in the following table.
1329BE THE THUNDER1332SM 1333Second Chance Promotion Claim
1337Prize
1338Required Claim Documents
1341Time1342frame to Return Claim Documents
1347First Prize
1349Winner Claim Form; non-winning ticket; identification; Release and Authorization Form
13592 weeks
1361Second Prize
1363Winner 1364Claim Form; non-winning ticket; 1368identification; Release and Authorization Form
13732 weeks
1375Third Prize
1377Winner Claim Form; non-winning ticket; identification; Release and Authorization Form
13872 weeks
1389Fourth Prize
1391Non-winning ticket; Release and Authorization Form
13972 weeks
1399Fifth Prize
1401Non-winning ticket; Release and Authorization Form
14072 weeks
1409Sixth Prize
1411Non-winning ticket
14132 weeks
1415(d) Forms DOL-173-2, DOL-173-2S, DOL-474, and DOL-474S are hereby incorporated by reference and can be obtained 1431from any Lottery office, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016. 1450Forms DOL-173-2 and DOL-173-2S can also be obtained 1458from the Lottery’s website, flalottery.com.
1463(8) 1464Award of Prizes.
1467(a) First Prize. 1470Upon the Florida Lottery’s timely receipt of a first prize winner’s required documentation, 1483the Florida Lottery will award a prize of a Tampa Bay Lightning and Circle K Fly Away Trip Package (“Trip Packag1504e”). The Trip Package includes:
15091. Two tickets to a 2016-2017 Lightning away game (game to be determined by Lightning);
15242. Two round-trip airline tickets for two persons from any U.S. regional or international airport with regularly-scheduled commercial service to the city in which the away game will be held;
15543. One hotel room for one night for two persons;
15644. Two Circle K Polar Pop Ultimate Fan Packages, including t-shirt and a mug;
15785. Two Lightning t-shirts and two Lightning hats;
15866. $100 Circle K gift card;
15927. $150 in Florida Lottery Scratch-Off tickets; and,
16008. $500 in cash.
1604The total value of a first prize is estimated at $2,206. 1616The 1617actual value of the prize is dependent upon the location of the winner and the location of the game. 1636The Florida Lottery will mail the first prize winner a check for the cash portion of the prize and 1655a certificate describing the prize along with the necessary information to make reservations to fulfill the trip; 1672$150 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below); two Circle K Polar Pop Ultimate Fan Packages; and the gift card, t-shirts and hats. 1699No monetary compensation will be given to the winner in lieu of airfare if away game is held in a city for which air travel is not possible. In such case, the value of the prize for tax reporting will be reduced by the estimated value of the airfare. A first prize does not include travel (except as specified above), meals, parking fees, baggage fees, alcoholic beverages, any items not expressly specified, incidentals, tips, and personal expenses such as room service, telephone calls, valet service or laundry, etc., as well as revision or cancellation fees that may be charged by the airlines, hotel or other suppliers. A first prize winner may transfer the non-cash portion of the prize to another person provided the transfer is prior to travel arrangements being made; however, the value of the entire prize will remai1839n taxable income to the winner.
1845(b) Second Prize. 1848Upon the Florida Lottery’s timely receipt of a second prize winner’s required documentation, the Florida Lottery will award a prize of a Tampa Bay Lightning and Circle K Luxury Suite Package (“Luxury Suite Package”). The Luxury Suite Package includes:
18871. Four hospitality suite tickets for one Lightning home game during the 2016-2017 season, including food and non-alcoholic beverage 1906(game to be determined by Lightning);
19122. $50 Circle K gift card;
19183. Two Lightning t-shirts and two Lightning hats; and,
19274. $100 in Florida Lottery Scratch-Off tickets.
1934The Florida Lottery will mail the second prize winner 1943a certificate describing the prize along with the necessary information to obtain the hospitality suite game tickets. The Florida Lottery will 1964ship the winner $100 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, t-shirts and hats. The total value of a second prize is $1,150.
1995(c) Third Prize. 1998Upon the Florida Lottery’s timely receipt of a third prize winner’s required documentation, the Lottery will award a prize of a Tampa Bay Lightning 10-Game Pack (“10-Game Pack”). The 10-Game Pack includes:
20301. Two 10-game packs of ticket to the Lightning 2016-2017 regular season home games;
20442. $50 Circle K gift card; and,
20513. $75 in Florida Lottery Scratch-Off tickets.
2058The winner will be provided 2063a certificate describing the prize along with the necessary information to obtain the tickets. The Florida Lottery will 2081ship the winner $75 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below) and the gift card. The total value of a third prize is $725.
2109(d) Fourth Prize. 2112Upon the Florida Lottery’s timely receipt of a fourth prize winner’s required documentation, the Lottery will award a prize of a Circle K and Lightning VIP Experience (“VIP Experience”). The VIP Experience includes:
21451. Two lower level tickets to one Lightning 2016-2017 home game (game to be determined by the Lightning) and one parking pass;
21672. Dinner for two at the Firestick Grill in the Amalie Arena;
21793. Meet and greet with a former Tampa Bay Lightning player:
21904. Attendance for two persons at a pre-game Circle K tailgater’s party at the Amalie Arena; and,
22075. $75 in Florida Lottery Scratch-Off tickets.
2214The winner will be provided 2219a certificate describing the prize along with the necessary information to obtain the hockey tickets and parking pass and make arrangements for the pre-game party, dinner for two and meet and greet. The Florida Lottery will 2255ship the winner $75 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below). The total value of a fourth prize is $378.
2279(e) Fifth Prize. 2282Upon the Florida Lottery’s timely receipt of a fifth prize winner’s required documentation, the Florida Lottery will award a prize of a BE THE THUNDER2307SM 2308Experience. The BE THE THUNDER2313SM 2314Experience includes:
23161. Two tickets to one Lightning 2016-2017 home game (game to be determined by the Lightning) and one parking pass;
23362. Pre-game Tampa Bay Lightning Experience;
23423. Autographed Tampa Bay Lightning hat and puck;
23504. $50 in Florida Lottery Scratch-Off tickets; and,
23585. $25 Circle K gift card.
2364The winner will be provided 2369a certificate describing the prize along with the necessary information to obtain the hockey tickets and parking pass and make arrangements for the pre-game Tampa Bay Lightning Experience. The Florida Lottery will 2401ship the winner $50 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, hat and puck. The total value of a fifth prize is $180.
2431(f) Sixth Prize. 2434Upon the Florida Lottery’s timely receipt of a sixth prize winner’s required documentation, the Florida Lottery will award a prize of a Tampa Bay Lightning Team Merchandise Package “Merchandise Package.” The Merchandise Package includes:
24681. One Lightning t-shirt;
24722. One Lightning hat;
24763. One Circle K t-shirt;
24814. $25 in Florida Lottery Scratch-Off tickets; and,
24895. $10 Circle K gift card.
2495The Florida Lottery will 2499ship the winner $25 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, hat and t-shirts. The total value of a sixth prize is $110.
2529(g) A winner whose mailing address is outside the state of Florida will receive a check for the value of the Lottery Scratch-Off tickets portion of the prize 2557in lieu of the actual tickets.
2563(9) 2564Taxes2565.
2566(a) Except as specifically described herein, all federal, state and/or local taxes or other fees on the prizes will be th2587e responsibility of the winner.
2592(b) 2593Federal income taxes are required to be withheld from a prize awarded to a nonresident alien claimant at the rate of thirty percent (30%) pursuant to applicable provisions of the Internal Revenue Code. For first prize winners, thirty percent (30%) federal income tax withholding will be withheld from the cash portion of the claimant’s prize. If the amount of federal income tax withholding exceeds the cash portion of the prize, the claimant will be required to pay the excess amount of taxes prior to receipt of the prize or forfeit the prize. For all prizes other than a first prize, a nonresident alien claimant will be required to pay the federal income withholding tax on the total value of the prize or forfeit the prize. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility o2736f the nonresident alien winner.
2741(10) 2742State Owed Debt2745. If a winner of the first prize is identified as owing an outstanding debt to a state agency or child support collected through a court, the debt will be collected in accordance with 2779S2780ection 278124.115, 2782F2783.2784S2785. 2786If the debt is an amount less than the cash portion of the prize, the non-cash portion of the prize and the cash portion of the prize less the amount owed and federal tax withholding, if applicable, shall be awarded. If the winner is identified as owing such a debt in an amount greater than the cash portion of the prize, the winner’s entire cash portion of the prize will be applied toward the outstanding debt as provided in 2865S2866ection 286724.115, 2868F2869.2870S2871., 2872and the winner will receive the remaining non-cash portion of the prize.
2884(11) 2885Other Restrictions and Provisions2889.
2890(a) Except as otherwise specifically provided herein, no cash option is available in lieu of the non-cash prizes.
2908(b) The right to claim a prize cannot be assigned to another person or entity.
2923(c) All prizes are subject to the provisions of Chapter 24, F2935.2936S2937., 2938and rules promulgated thereunder. Prizes will be paid in accordance with the rule of the Florida Lottery governing payment of prizes. Copies 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.
2984(d) Players must be at least 18 years of age. Persons prohibited by Section 299824.116, 2999F3000.3001S3002., 3003from purchasing a Florida Lottery ticket are not eligible to play.
3014(e) 3015By entering the BE THE THUNDER3021SM 3022Second Chance Promotion, 3025a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to the fulfillment entity for prize fulfillment purposes.
3052(f) A player entering the 3057BE THE THUNDER3060SM 3061Second Chance 3063Promotion is deemed to have granted permission for the Florida Lottery to photograph and/or videotape and record the prizewinner with or without prior notification and to use the name, photograph, videotape, and/or recording of the prizewinner for advertising or publicity purposes without additional compensation.
3107(g) The 3109BE THE THUNDER3112SM 3113Second Chance 3115Promotion drawings 3117shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent ce3134rtified public accounting firm.
3138Rulemaking Authority 314024.105(9), 314124.109(1) FS. 3143Law Implemented 314524.105(9), 314624.115(1) FS. 3148History3149–3150New 1-28-16.