53ER20-81. POWERBALL® First Millionaire of the Year Promotion (Replaced by 53ER21-41)

(1) Beginning October 12, 2020, and continuing through October 16, 2020, (“Promotion Period”), the Florida Lottery will conduct the POWERBALL® First Millionaire of the New Year Promotion (“Promotion”). Players can enter the Promotion for a chance to become one of Florida’s fifty (50) finalists who will be entered into a Preliminary Finalist Drawing for a chance to be selected as one of five finalists in the POWERBALL First Millionaire of the Year $1 Million Prize Drawing (“$1 Million Prize Drawing”).

(2) Players are to enter the Promotion by emailing a photograph of themselves holding a Florida POWERBALL ticket, along with their name to [e-mail]. A player may enter the promotion more than one time; however, an individual can only qualify as a finalist one time. The odds of winning depend on the number of entries received each day during the Promotion Period. All entries are subject to review by the Florida Lottery and may be disqualified if eligibility requirements are not met. POWERBALL lottery tickets or promotional entries should not be submitted to the Lottery by any means of mail, other than email, for entry into the Promotion.

(3) Selection Process. Ten players’ entries will be selected by the Florida Lottery on each of the five days during the Promotion Period. The Florida Lottery will total the number of entries received each day between 12:00:00 a.m. and 11:59:59 p.m. (ET) and divide the field of numbers into ten segments rounded down to the nearest whole number. The last entry in each of the ten segments (“nth number”) will be selected as a finalist. If an alternate finalist selection becomes necessary due to circumstances described in subsection (4) below, an alternate finalist will be selected using the formula of the nth number for the original finalist minus one number. If more than one alternate finalist is needed, the same selection formula will be used to select the next consecutive alternate finalist until an alternate finalist is selected, or it is determined that the selection of the finalist is no longer practicable.

(4) Notification. The Florida Lottery will notify by email the ten (10) daily selected finalists on the day following selection using the player’s entry email address. For this Promotion, the Florida Lottery deems the player’s email as the player’s official contact information. The Florida Lottery will not attempt to further locate a player if the attempt to reach the player by email is unsuccessful. If the Florida Lottery does not receive an email response from the player that includes a copy of a current photo identification within two (2) business days after notification, the player will be disqualified and the Florida Lottery will select alternate finalists in accordance with subsection (3) above. Finalists will be announced and posted on flalottery.com/NYRE-2021 on October 30, 2020, or as soon thereafter as practicable. 

(5) Preliminary Finalist Drawing and $1 Million Prize Drawing. All finalists, including finalists from other Lotteries participating in their states’ New Year’s Eve Promotion, will be entered into a Preliminary Finalist Drawing anticipated to be conducted on or about November 5, 2020, in which five (5) finalists will be selected for the $1 Million Prize Drawing and awarded a prize. If a Florida entry is selected as a finalist, the finalist will win a Party@Home New Year’s Eve Prize Package “Prize Package” as further described in subsection (6) below in addition to the chance to win the $1 Million Prize. A prizewinner is not required to be present at the preliminary finalist Drawing to be entered or selected in the Preliminary Finalist Drawing, nor is a finalist required to be present at the $1 Million Prize Drawing to be entered or selected in the $1 Million Prize Drawing. Both the Preliminary Finalist Drawing, and the $1 Million Prize Drawing will be conducted by the Multi-State Lottery Association (MUSL) using a certified random number generation process. Drawings will be witnessed by an independent auditor employed by an independent certified public accounting firm. The finalists selected in the Preliminary Finalist Drawing will be announced on or soon after November 6, 2020. The $1 Million prizewinner will be announced on or about January 1, 2021. The odds of being selected as a finalist depend on the total number of valid eligible entries (which includes entries from other participating Lotteries) in the Preliminary Finalist Drawing. The odds of a finalist winning the $1 Million Prize in the $1 Million Prize Drawing are 1 in 5.

(6) Prize Package. The Prize Package will consist of elements for the prizewinner to host a New Year’s Eve party for up to eight (8) people, including the prizewinner, at their home and to participate remotely as one (1) of five (5) finalists in the $1 Million Prize Drawing for a chance to win $1 Million during the live television broadcast of Dick Clark’s New Year’s Rockin’ Eve℠ on ABC (“Program”). The Prize Package includes the following:

(a) Cash prize of $12,500;

(b) Deluxe surf and turf dinner for eight (8) people from Omaha Steaks®;

(c) 70" LED television (to watch the live broadcast of the Program), including a home theater sound system and installation;

(d) Gift certificate to Party City® for $500;

(e) Premium beverage package from a retailer local to the prizewinner (provided in accordance with age restrictions);

(f) Top-tier Karaoke system;

(g) Three (3) Time-Life℠ CD/DVD Collections and a compatible CD/DVD player;

(h) Two (2) gift bags valued at approximately $250 each;

(i) Six (6) party gift bags for prizewinner’s guests valued at approximately $50 each; and

(j) Payment of federal income tax withholding on the total retail value on the Prize Package elements described in paragraphs (6)(a) through (j) above. The 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 approximate retail value of the Prize Package and the estimated reportable taxable value of the prize for a U.S. citizen are as follows:

Approximate Retail Value of Prize Package	Estimated Reportable Taxable Value of Prize Package
$20,000	$26,315.79

(7) How to Claim a Prize Package/ State-Owed Debt/Child Support.

(a) A Florida prizewinner in the Preliminary Finalist Drawing will be required to complete a Winner Claim Form DOL 173-2, revised 2/18, or Spanish Winner Claim Form DOL 173-2S, revised 3/19, and provide a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes in order to claim the prize. 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. The prizewinner must also submit a completed Winner Release, Acknowledgement and Authorization form DOL 474-NYRE-W, revised 10/20, along with a Guest Release, Acknowledgement and Authorization form DOL 474-NYRE-G, Effective 10/20, for each guest attending the party, to be completed by the guest. Forms DOL 173-2, DOL 173-2S, DOL 474-NYRE-W and DOL 474-NYRE-G are hereby incorporated by reference. Forms DOL 173-2 and DOL 173-2S can be obtained from any Florida Lottery office or retailer, from the Florida Lottery’s website, flalottery.com, or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Forms DOL 474-NYRE-W and DOL 474-NYRE-G can be obtained from any Florida Lottery office or by writing to Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

(b) Prize Package winners will be analyzed for Florida state-owed debt and child support. If the prizewinner is identified as owing any outstanding debt to any state agency or owes child support collected through a court, the debt will be offset in accordance with Section 24.115, F.S. If the debt is an amount less than the $12,500 cash portion of the Prize Package, the balance of the prize less applicable income tax withholding and after the debt is offset shall be awarded along with the non-cash elements of the Prize Package. If the debt is an amount greater than the $12,500 cash portion of the Prize Package, the entire prize amount after applicable income tax withholding will be applied to the outstanding debt and the non-cash elements of the Prize Package will be awarded. If the prizewinner does not have outstanding state-owed debt, the Florida Lottery will award the $12,500 cash portion of the Prize Package. Payment of the prize will be made in accordance with the rule of the Florida Lottery governing payment of prizes.

(c) The prizewinner will be contacted by a representative of Dick Clark Productions, Inc. (“Prize Provider”) who will coordinate with the prizewinner and be responsible for fulfillment of each non-cash element of the Prize Package.

(8) Other Prize Package Terms and Conditions.

(a) A Prize Package winner is not obligated to host or have a New Year’s Eve Party at his/her residence to participate in the $1 Million Prize Drawing for, and to remain eligible to win, the $1 Million Prize. However, the prizewinner will be required to either participate and appear in the Program via remote video transmission from his/her residence or another local location to be determined by the Prize Provider, or appoint a proxy (or have a proxy appointed by the Prize Provider) to participate and appear in the Program via remote video transmission in place of the prizewinner. If a proxy is appointed, the prizewinner will still receive all elements of the Prize Package; the entire value of the Prize Package will remain taxable income to the prizewinner; and the prizewinner shall remain eligible to win the $1 Million Prize.

(b) If a prizewinner chooses to appoint a proxy, provided there is sufficient time, the prizewinner and proxy must complete a Proxy Appointment and Acknowledgement form DOL 491-B, revised 5/20. The proxy must also complete a Proxy Release, Acknowledgement and Authorization form DOL 474-NYRE-P, effective 10/20. The proxy forms must be received by the Florida Lottery no later than November 23, 2020. Forms DOL 491-B and DOL 474-NYRE-P are 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 the aforementioned forms are not received by Lottery by the deadline of November 23, 2020, a proxy may be appointed by the Prize Provider. A prizewinner can only appoint a proxy one time.

(c) No cash option is available in lieu of the non-cash elements of a Prize Package.

(d) A prizewinner must be at least 18 years of age and is solely responsible for the actions of the guests who attend the New Year’s Eve at-home-party.

(9) How to Claim a $1 Million Prize/State-Owed Debt/Child Support. If the prizewinner in the $1 Million Prize Drawing is a Florida winner, the prizewinner will be required to complete an additional Winner Claim Form DOL 173-2, Revised 2/18, or Spanish Winner Claim Form DOL 173-2S, Revised 3/19, and provide a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes in order to claim the prize. The prizewinner will be analyzed a second time for Florida state-owed debt. If the prizewinner is identified as owing any outstanding debt to any state agency or owes child support collected through a court, the debt will be offset in accordance with Section 24.115, F.S. If the debt is an amount less than $1 Million, the balance of the prize less applicable income tax withholding and after the debt is offset shall be awarded. If the debt is an amount greater than $1 Million, the entire prize amount after applicable income tax withholding will be applied to the outstanding debt. If the prizewinner in the $1 Million Prize Drawing does not have outstanding state-owed debt, the $1 Million Prize will be awarded less applicable income tax withholding. Payment of the prize will be made in accordance with the rule of the Florida Lottery governing payment of prizes.

(10) Other Restrictions and Provisions.

(a) The right to claim a prize cannot be assigned to another person or entity.

(b) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder. Prizes will be paid in accordance with the rule of the Florida Lottery governing payment of prizes. 

(c) Persons prohibited by Section 24.116, F.S., from purchasing a Florida Lottery ticket are not eligible to enter the POWERBALL® First Millionaire of the New Year Promotion.

(d) By entering the POWERBALL® First Millionaire of the New Year 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.

(11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes on a Prize Package, and, if applicable, the $1 Million prize will be the responsibility of the prizewinner. Applicable tax forms for the $1 Million Prize will be issued by the Florida Lottery to the prizewinner separately from the tax forms for a Prize Package.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 10-8-20.