Florida Administrative Code (Last Updated: December 2, 2024) |
53. Department of the Lottery |
D53. Departmental |
53ER18. Emergency Rule For Year 2018 |
1(1) Beginning April 15, 2018 through May 30, 2018, the Florida Lottery will conduct the Power Cruise18™ 19Promotion (“Promotion”). Players who purchase a POWERBALL26® 27or POWERBALL29® 30with Power Play33® 34ticket of any price point can scan the barcode on their tickets using a smartphone or tablet, or can manually enter the ticket number through the Florida Lottery’s website to collect symbols and earn entries into a drawing for a chance to win a Cruise Package for two persons. Both winning and non-winning POWERBALL tickets may be used to enter the Promotion. 96Only POWERBALL tickets purchased during the Promotion period may be used to enter the Promotion including 112POWERBALL tickets associated with a Jackpot Combo play.
120(2) 121How to Participate124.
125(a) Power Cruise Collect ‘N Win App Download and Registration. A player may participate in the 141Promotion 142by downloading the free Power Cruise Collect ‘N Win app at the App Store or at Google Play160®161. After the app is downloaded and opened, the “Welcome” page will be displayed. Click on the navigation bar found in the top left corner, select the “Login” button. Choose “Florida” from the “Select Lottery” dropdown window. A player may either register by selecting the “Register” button or may login by entering the player’s login information and selecting the “Login” button.
222(b) Players must register their contact information one time upon first usage. A player will be sent an email directing the player to confirm his or her registration. The player should check the junk mail or spam folder if he or she does not promptly receive an email confirmation. Thereafter, the player may directly login by first selecting “Florida” from the drop-down menu of participating lotteries and entering his or her email address and password.
297(c) Web Browser. A player may participate in the 306Promotion 307via web browser by visiting the Florida Lottery’s homepage, flalottery.com, clicking on the Power Cruise Promotion banner and following the directions, or by going directly to flalottery.com/powercruise and clicking on the Register/Login link at the top right corner of the page to reach the Login page to register and/or login as described above.
360(d) Regardless of whether a player chooses to participate in the Promotion by smartphone, tablet or web browser the following provisions shall apply:
3831. 384T385he player may use the same account login information to enter tickets;
3972. 398T399he player will only be required to register one time; and,
4103. 411T412he player’s entry history will be cumulative among the entry platforms.
423(3) 424How to Earn Entries428.
429To collect play symbols and earn entries into a drawing, a player may scan the barcode on the bottom of a POWERBALL ticket using a camera on a smartphone or tablet, or a player may manually enter the 19-digit ticket number (located near the bottom of the ticket) on the entry page at 482flalottery.com/powercruise. Three game cards will appear on the screen. Each game card contains six spots to collect five symbols. One spot on each card is a “free” spot. Each ticket number entered will randomly generate a quantity (2, 4, 6, 8, or 10) of the five play symbols and place them in an available game card. Once a symbol has been collected on all three play cards, the symbol will be eliminated from the random selection process. When a single game card is filled up with all five different symbols and free space, an entry is generated into the next available drawing and the game card is reset to capture more symbols towards the next entry. Partially completed cards will carry over to the next entry period. A player may earn multiple entries during the promotion period; however, a player may only manually enter or scan up to two hundred tickets per day. Each ticket number can only be scanned or entered one time. Entries that include training tickets that were produced by a retailer terminal while in training mode or tickets with invalid ticket numbers will be disqualified from the 673applicable 674drawing or drawings. The odds of winning depend on the number of entries in each drawing. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. POWERBALL tickets should not be mailed to the Lottery. Tickets received in the mail by the Florida Lottery will not be entered into a drawing and will not be returned.
740(4) 741Drawings and Number of Prizes746. The Florida Lottery will conduct a total of five drawings. Prizewinners for each drawing will be randomly selected from entries submitted and received before midnight 772(773ET774) 775on the last day of the entry period for that drawing. 786Entries will be good for one drawing only. 794Prizewinners will be randomly selected using a certified random number generation process. Drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent ce824rtified public accounting firm.
828The drawing dates and entry periods are as follows:
837Drawing
838Drawing Date
840Entry Period
8421
843May 3, 2018
846April 15, 2018 – May 2, 2018
8532
854May 10, 2018
857May 3, 2018 860– 861May 9, 2018
8643
865May 17, 2018
868May 10, 2018 – May 16, 2018
8754
876May 24, 2018
879May 17, 2018 882– 883May 23, 2018
8865
887May 31, 2018
890May 24, 2018 893– 894May 30, 2018
897(a) In each of the drawings, the Florida Lottery will draw a total of seventy-five entries. The first valid entry drawn will win a Balcony Stateroom Cruise Package prize. The second through thirteenth valid entries drawn will each win an Oceanview Stateroom Cruise Package prize. The fourteenth through twenty-fifth valid entries drawn will each win an Interior Stateroom Cruise Package prize. The remaining valid entries drawn 963will be used as alternates in the order in which they were drawn and in the order of need to select a 985prizewinner in the event a prize cannot be awarded. A total of twenty-five prizes will be available in each drawing.
1005(b) The following table summarizes, by type of stateroom Cruise Package, the number of prizes in each drawing:
1023Drawing
1024Number of Balcony Staterooms
1028Number of Oceanview Staterooms
1032Number of Interior Staterooms
1036Total Number of Cruise Packages
10411
10421
104312
104412
104525
10462
10471
104812
104912
105025
10513
10521
105312
105412
105525
10564
10571
105812
105912
106025
10615
10621
106312
106412
106525
1066Total
10675
106860
106960
1070125
1071(5) 1072Prizewinner Notification1074.
1075(a) The prizewinners in each drawing will be posted on flalottery.com after the drawing.
1089(b) The F1092lo1093r1094ida Lottery will attempt to notify each prizewinner by telep1104ho1105n1106e or email using the contact information provided in th1116e 1117prizewinner’s registration data 1120no later than one business day after the prizewinners are posted on the Florida Lottery’s website. The Florida Lottery deems the prizewinner’s registration data as the prizewinner’s official contact information, including the physical mailing address. The Florida Lottery will not attempt to further locate a prizewinner if attempts to reach the prizewinner by telephone or email are unsuccessful. If the Florida Lottery is unable to have contact by telephone or email with a prizewinner within one week of the date the prizewinners are posted on the website, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner in accordance with paragraph (4)(a), 1236above. 1237If the Florida Lottery is unable to have contact by email or telephone with the alternate prizewinner within one week of the date of notification, the alternate prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to the next alternate prizewinner. 1288This process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of alternates due to unsuccessful notification attempts or due to failure by a winner or an alternate prizewinner to timely provide required claim documentation as set forth in subsection (6), 1335below. Notwithstanding the foregoing notification attempt provisions, the Florida Lottery will not continue notification attempts past August 1, 2018, due to booking time constraints. If the Florida Lottery exhausts the list of alternate prizewinners or if the Lottery is unable to contact an alternate by August 1, 2018, the prize will not be awarded.
1389(6) 1390How to Claim a Prize1395. 1396To claim a prize in a Power Cruise drawing, the prizewinner must submit to the Florida Lottery a completed Winner Claim Form DOL-173-2, Revised 9/13, or Spanish Winner Claim Form DOL-173-2S, Revised 9/13, and 1430a copy of acceptable identification 1435as 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. 1475A prizewinner must also submit a completed Release and Authorization form DOL-474-PC, Effective 4/18, or Spanish Florida Lottery Release and Authorization Form DOL-474S-PC, Effective 4/18. Forms DOL-173-2, DOL-173-2S, DOL-474-PC and DOL-474S-PC are hereby incorporated by reference. Forms DOL-173-2 and DOL 173-2S can be obtained 1519from any Florida Lottery office or retailer, from the Florida Lottery’s website, 1531flalottery.com, 1532from flalottery.com/powercruise 1534or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Forms 1549DOL-474-PC and DOL-474S-PC can be obtained from any Florida Lottery office, from 1561flalottery.com/powercruise 1562or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. 1576The required documents must be received by the Florida Lottery no later than two weeks after the Florida Lottery has first made contact by telephone or email with the prizewinner. If the Florida Lottery has not received the required documents from a prizewinner by the fourteenth day after notification, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner as described in subsections (4) and (5), above. The same timeframe for a winner to return required documentation to the Florida Lottery shall apply to an alternate prizewinner. A prizewinner in this Promotion is not required to submit the POWERBALL tickets he or she scanned or manually entered to generate an entry to claim a prize.
1705(7) 1706Award of Prizes1709.
1710(a) Upon receipt of a prizewinner’s required documentation, the Florida Lottery will award a prize of a 5-night Caribbean Cruise Package for two persons (“Cruise Package”). The Florida Lottery will provide the prizewinner a certificate describing the prize and containing the name and contact information for the prizewinner to contact to make reservations and obtain all necessary information for the cruise. A Cruise Package consists of the following:
17781. 5-night Caribbean cruise for two persons in a balcony, oceanview, or interior view stateroom (depending on the prize awarded) aboard the Royal Caribbean1802® 1803Majesty of the Seas1807® 1808departing from Fort Lauderdale, Florida, January 19, 2019, cruising to two port of call destinations: CocoCay1824® 1825and Nassau, Bahamas, and returning to Fort Lauderdale on January 24, 2019;
18372. Deluxe hotel accommodations for two persons at a hotel in Fort Lauderdale, Florida the night prior to cruise departure:
18573. $800 cash for travel expenses to Fort Lauderdale, Florida:
18674. $250 ship credit to be applied to the prizewinner’s ship account and utilized for items such as beverage service, shore excursions, specialty dining and purchases made during the cruise and/or similar expenditures;
19005. All primary gratuities on board the ship (room attendant and dining room staff) and all trip related destination and departure taxes;
19226. A chance to win an onboard prize of $100, $250, $500 in the On-Board Prizes Drawing and a chance to win an onboard prize of $5,000 or $50,000 in the On-Board Prizes Grand Prizes Drawing;
19607. Admittance to special event concert held in conjunction with the cruise; and,
19738. Payment of federal income tax withholding on the total retail value of the Cruise Package elements described in subparagraphs 1. through 71996., above.
1998The Florida Lottery will pay applicable federal income tax withholding on the retail value of the prize. The reportable taxable value of the prize includes the value of the prize plus the value of the federal income tax withholding paid by the Lottery. The retail value of the prize and the reportable taxable value of the prize for a U.S. citizen are as follows:
2062Cruise Package Prize Level
2066Retail Value of Cruise Package
2071Reportable Taxable Value of Cruise Package
2077Balcony Stateroom
2079$4,780
2081$6,289.47
2083Oceanview Stateroom
2085$4,380
2087$5,763.16
2089Interior Stateroom
2091$4,230
2093$5,565.79
2095(b) A Cruise Package does not include: 2102insurance, additional travel expenses (e.g. parking fees and baggage fees) alcoholic beverages (other than those served without charge at any reception and/or party or those purchased with the ship’s credit), expenditures for shore excursions, ATM fees, supplemental gratuities, premium dining experiences; and any items not expressly specified and personal expenses such as telephone calls, valet service, room service, laundry, incidentals and the like. A personal credit card will be required upon ship check-in for payment of any additional onboard spending above the $250 ship credit. Ship credit is non-refundable and must be used during the cruise.
2198(c) 2199At the request of a prizewinner and with the approval of the Florida Lottery, the prizewinner may appoint a proxy to take the cruise. Only one proxy appointment per prizewinner can be made. A proxy cannot appoint another proxy. A Proxy Appointment and Acknowledgement form DOL-491-B, Revised 4/18, should be completed by the appropriate parties prior to travel arrangements being made. Form DOL-491-B is hereby incorporated by reference and can be obtained from any Florida Lottery office, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016. If such request is made prior to the booking deadline (August 31, 2018), no additional cost will be assessed to the prizewinner. If such request is made after the booking deadline and a charge is imposed for changing arrangements, the prizewinner will be responsible for paying all additional charges imposed. Proxy paperwork must be submitted to the Florida Lottery by October 31, 2018. In the event a proxy is appointed, the original prizewinner shall receive the $800 cash prize, and the 2372entire value of the prize shall remain taxable income to the original prizewinner.
2385(d) If a prizewinner claims the prize with the Florida Lottery but fails to book the cruise and make hotel reservations with the fulfillment company, Alchemy 3, LLC (“Alchemy”) by 2415August 31, 2018, 2418the Cruise Package shall be forfeited except for the $800 cash. The cash will be mailed to the prizewinner immediately after the booking timeframe has passed and the entire value of the Cruise Package prize will remain taxable income to the prizewinner.
2460(e) If a prizewinner does not elect to take a guest or if his or her guest does not take the cruise, the entire value of the Cruise Package prize will remain taxable income to the prizewinner.
2497(f) A prizewinner must be at least 18 years of age and is solely responsible for the actions of the guest who accompanies the prizewinner on the cruise.
2525(g) The prizewinner or prizewinner’s guest must have a valid credit card or will be required to post a cash deposit for incidentals to check into the hotel. If the prizewinner fails to check into the hotel the night before cruise departure, the prizewinner will forfeit the hotel portion of the Cruise Package, and the entire value of the Cruise Package prize will remain taxable income to the prizewinner.
2594(h) If the prizewinner fails to show at the designated time of departure, the cruise portion of the Cruise Package will be forfeited 2617except for the $800 cash, and the entire value of the Cruise Package prize will remain taxable income to the winner. No alternate sail date or credit towards another Royal Caribbean Cruise will be provided.
2652(i) A valid form of identification will be required for both the prizewinner and prizewinner’s guest in order to book the cruise and board the ship. Valid forms of identification include: (1) a current passport or (2) both a valid state photo ID and an original birth certificate.
2700(8) 2701State-Owed Debt2703. Prizewinners will be analyzed for state-owed debt. If a prizewinner is identified as owing an outstanding debt to a state agency or child support collected through a court, the debt will be offset in accordance with section 274124.115, 2742Florida Statutes. If the debt is an amount of less than the cash portion of the prize, the non-cash portion of the prize and the balance of the cash portion of the prize after deduction of the debt shall be awarded. If the debt is an amount greater than the cash portion of the prize, the entire cash portion of the prize will be applied to the outstanding debt and the prizewinner will receive the remaining non-cash portion of the prize.
2823(9) 2824Payment of Cash Portion of Cruise Package Prize2832. If the prizewinner does not have outstanding state-owed debt as described in subsection (8), above, Alchemy will mail the prizewinner the $800 cash in the form of a check within fifteen days of booking the cruise and making the hotel reservations. If the prizewinner is identified as owing state-owed debt, the Florida Lottery will offset the debt as set forth in subsection (8) above, and the Florida Lottery will promptly mail the remainder of the cash, if any.
2911(10) 2912Power Cruise Onboard Prizes2916.
2917(a) All prizewinners, including prizewinners from other Lotteries participating in their states’ Power Cruise Promotion, will have a chance to win an onboard prize in each of two drawings. The number of prizes and prize amounts for each drawing are as follows:
2959On-Board Prizes Drawing
2962Prize
2963Number of Prizes
2966$100
2967300
2968$250
2969100
2970$500
2971140
2972On-Board Prizes Grand Prizes Drawing
2977Prize
2978Number of Prizes
2981$5,000
29835
2984$50,000
29862
2987Drawings will be conducted by Alchemy in early January 2019, prior to the cruise, using a certified random number generation process. A prizewinner will be included in both drawings, but can only win one prize per Cruise Package won, per drawing. Alternate entries will not be drawn. Drawings will be witnessed by an independent auditor 3042employed by an independent certified public accounting firm. 3050Prizewinners will be announced onboard the ship. The odds of winning depend on the total number of valid eligible entries (which includes entries from other participating Lotteries) in each drawing.
3080(b) $100, $250 and $500 prizes will be distributed onboard the ship in the form of a no-fee prepaid gift card. A prizewinner will be required to present a government issued photo ID or passport to claim his or her prize.
3121(c) If a $5,000 or $50,000 prizewinner is a Florida Cruise Package winner, the prizewinner will be analyzed a second time for state-owed debt prior to award of prize.
31521. If the prizewinner is liable for state-owed debt, the debt will be offset in accordance with section 317024.115, 3171Florida Statutes. For a $5,000 prizewinner, if the debt is an amount less than the amount of the prize, the balance of the prize after the debt is offset shall be awarded. If the debt is an amount greater than $5,000, the entire prize amount will be applied to the outstanding debt. For a $50,000 prizewinner, if the debt is an amount less than $50,000, the balance of the prize after applicable federal income tax is withheld and after the debt is offset shall be awarded. If the debt is an amount greater than $50,000, the entire prize amount after applicable tax withholding will be applied to the outstanding debt. Any payment due to a $5,000 or $50,000 prizewinner after the debt is offset will be in the form of a check mailed to the prize3314winner by the Florida Lottery. 3319Applicable tax forms will be issued to the prizewinner by the Florida Lottery3332.
33332. If the prizewinner does not have outstanding state-owed debt, a $5,000 or $50,000 prizewinner will be paid by Alchemy in the form of a check and mailed to the prizewinner within fifteen days of the end of the cruise. A $50,000 prize will be less applicable federal income tax withholding. Alchemy will also issue the applicable tax forms to a $5,000 or $50,000 prizewinner.
3403(d) Regardless of whether the prizewinner forfeits the cruise portion of the prize or appoints a proxy, the prizewinner will be awarded any prize won in a drawing conducted by Alchemy.
3434(11) 3435Taxes. 3436Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on Cruise Package prizes will be the responsibility of the prizewinner.
3461(12) 3462Other Restrictions and Provisions.
3466(a) The right to claim a prize cannot be assigne3476d to another person or entity.
3482(b) No cash option is available in lieu of a Cruise Package.
3494(c) All prizes are subject to the provisions of 3503c3504hapter 24, Florida Statutes, and 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.
3554(d) Persons prohibited by 3558s3559ection 356024.116, 3561Florida Statutes, from purchasing a Florida Lottery ticket are not eligible to enter the Power Cruise Promotion.
3578(e) By entering the Power Cruise Promotion, a player gives his or her 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.
3629Rulemaking Authority 363124.105(9), 363224.109(1) FS. 3634Law Implemented 363624.105(9), 363724.115(1) FS. 3639History–New 4-12-18.