53ER22-55. POWERBALL® First Millionaire of the Year® Promotion 2022-23 (Replaced by 53ER23-51)

(1) Beginning August 1, 2022 and through August 14, 2022 (“Promotion Period”) the Florida Lottery will conduct the POWERBALL® First Millionaire of the Year® Promotion (“Promotion”) to select one prizewinner of a New Year’s Rockin’ Eve VIP Experience (“Prize Package” or “Prize” or “Trip Prize”). The Administrator of the Promotion is PP + K, Inc. The Prize Provider is DCP Rights, LLC.

(2) How to Enter.

(a) No purchase or payment is required to enter.

(b) Players must be legal residents of the United States and reside in the State of Florida.

(c) To enter, a player will go to the Florida Lottery’s social media page on either InstagramTM at www.instagram.com/floridalottery or FacebookTM at www.facebook.com/floridalottery or players may type in firstmillionaire.flalottery.com on the address bar/URL bar. Players will then enter their contact information, including their Instagram and TwitterTM handles, verify that they are over the age of 18 years, and follow the Lottery through the Florida Lottery’s Instagram account, at www.instagram.com/floridalottery. Players may also earn one (1) additional entry by following the Lottery through the Florida Lottery’s Twitter account, at www.twitter.com/floridalottery. Message and data rates may apply for players entering on mobile devices.

(d) Only one entry is permitted per email address. Players using different/multiple names and/or different/multiple email addresses will be subject to automatic disqualification from winning in this Promotion. Potential winners may be required to show proof of being the authorized account holder and/or is a legal U.S. resident and Florida resident.

(e) In the event a player wins the Trip Prize, the name a player uses to enter must match the name shown on his/her identification provided to make a claim, except for a person who has made a legal name change. A person who has made a legal name change must provide a copy of a marriage certificate/judgment/court order, as applicable, as proof of a differing name. Fictitious names and business names will not be accepted and shall subject the player and any associated entries to disqualification. 

(f) The odds of winning depend on the number of entries in the drawing. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(3) Drawing. Winners will be selected using the nth entry selection process. Entry number will be based on the date and time an entry is received by the Lottery. The drawing date, entry period, and number of prizes are as follows:

DRAWING	DRAWING DATE	ENTRY PERIOD
1	August 15, 2022	August 1, 2022 (12:00:00 a.m. ET) – August 14, 2022 (11:59:59 p.m. ET)

 

PRIZE	NUMBER OF PRIZES
New Year’s Rockin’ Eve VIP Experience	1

In the drawing, five (5) valid entries will be drawn. The first valid entry will win the New Year’s Rockin’ Eve VIP Experience, subject to timely contact with the Lottery and receipt of all necessary documentation within the time required, as set forth herein. The second through fifth valid entries will serve as alternates, in the order drawn, in the event a prizewinner cannot be notified or fails to timely provide the required claim documentation as set forth in subsection (5), below, or in the event an entry is disqualified.

(4) New Year’s Rockin’ Eve VIP Experience Prize Prizewinner Notification.

The Florida Lottery will attempt to notify the prizewinner by email using the contact information provided in the prizewinner’s entry data within ten (10) business days after the date the winner is selected. The Florida Lottery deems the prizewinner’s entry data as the prizewinner’s official contact information. Issuing an email shall constitute notification. The Florida Lottery will not attempt to further locate a prizewinner if attempts to reach the prizewinner by email are unsuccessful. If the Florida Lottery is unable to have contact with a prizewinner within ten (10) business days after issuance of the email to him/her, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will notify an alternate prizewinner. If the Florida Lottery is unable to have contact with an alternate prizewinner within ten (10) business days of the date of issuance of an email, the alternate will forfeit his or her right to claim the prize. This process will continue until all alternates have been exhausted. If all alternates have forfeited, the prize will not be awarded. The Florida Lottery is not responsible or liable for system failures of any sort or type, including, but not exclusively, computer failures, email service failures, telephone failures.

(5) How to Claim the New Year’s Rockin’ Eve VIP Experience Prize. To claim the New Year’s Rockin’ Eve VIP Experience prize, the prizewinner must submit to the Florida Lottery a completed Winner Claim Form DOL 173-2, Revised 7/22, or Spanish Winner Claim Form DOL 173-2S, Revised 7/22, and copy of acceptable identification as set forth in the rule of the Florida Lottery governing Payment of Prizes, Rule 53ER22-45, F.A.C. 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. Depending on the form of identification provided and, at its discretion, the Florida Lottery may require other proof of legal U. S. residency and Florida residency. The additional proof of U. S. residency and Florida residency must include the prizewinner’s name in conjunction with a valid Florida address.

The prizewinner must also submit a completed Winner Release, Acknowledgement and Authorization form DOL 474-NYC-W, 8/1/2022, along with a Guest Release, Acknowledgement and Authorization form DOL 474-NYC-G, 8/1/2022, for his/her guest, to be completed by the guest, or parent or legal guardian in the event a Guest is under the age of 18 years. A Guest must be chosen by November 1, 2022. If a Guest is not chosen within the deadline period for submission of the prizewinner’s documents, the Guest Release, Acknowledgement and Authorization form may be submitted at a later date, so long as it is no later than November 1, 2022. Forms DOL 173-2, DOL 173-2S, DOL 474-NYC-W, and DOL 474-NYC-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 at flalottery.com, or by contacting Florida Lottery, Customer Service at [phone] or TTY [phone] or 250 Marriott Drive, Tallahassee, Florida 32301. Forms DOL 474-NYC-W and DOL 474-NYC-G can be obtained from any Florida Lottery office or by contacting Florida Lottery, Customer Service at [phone] or TTY [phone] or 250 Marriott Drive, Tallahassee, Florida 32301. Upon the Florida Lottery’s receipt of the prizewinner’s required documentation, within the required timeframe, the Florida Lottery will award the Trip Prize. The prizewinner’s information will be provided to DCP Rights, LLC (“Prize Provider”), who will coordinate with the prizewinner. Soon thereafter, the prizewinner will be contacted by a representative of the Prize Provider.

The required documents must be received by the Florida Lottery no later than ten (10) business days after the Florida Lottery has first notified the prizewinner by email (issuing an email constitutes notification). If the Florida Lottery does not receive the required documents from a prizewinner by the tenth business day after notification, the prizewinner will forfeit his or her right to claim the prize. The same timeframe for the prizewinner to return required documentation to the Florida Lottery shall apply to an alternate prizewinner.

(6) New Year’s Rockin’ Eve VIP Experience. The Trip Prize will consist of the elements below and provide a chance to participate in the $1,000,000 prize drawing for a chance to win $1,000,000 during the live television broadcast of Dick Clark’s New Year’s Rockin’ Eve Program (“Program”).

(a) New Year’s Rockin’ Eve VIP Experience consists of the following:

1. Round trip coach-class airline transportation for two (2) people from an airport near the prizewinner’s residence to New York City.  If a prizewinner resides within 250 miles of New York City, rail or other ground transportation will be provided instead of airline transportation. A guest must travel on the same itinerary as the prizewinner/prizewinner’s proxy, as applicable.

2. Three (3) nights’ hotel accommodations (double occupancy) at a hotel in or around Times Square.

3. Two (2) tickets for a December 29, 2022 welcome dinner at a venue to be selected by the Prize Provider.

4. Two (2) tickets for a December 30, 2022 entertainment experience to be determined by the Prize Provider.

5. Two (2) tickets to a New Year’s Eve dinner at a location to be determined by the Prize Provider.

6. Two (2) gift bags, each with an approximate retail value of three hundred fifty dollars ($350).

7. Meals (breakfast, lunch, and dinner) at the hotel accommodation. Any meals away from the hotel are the exclusive responsibility of the prizewinner, proxy, if applicable, and guest.

8. Spending money in the amount of one thousand dollars ($1,000), in the form of a Gift Card.

9. Ground transportation to and from airports, hotel, and activities while in New York City.

10. Entry in a drawing for a chance to become a finalist in the Powerball First Millionaire of the New Year drawing for a chance to win $1,000,000 prize; and

11. Payment of Federal income tax withholding on the total retail value of the New Year’s Rockin’ Eve VIP Experience elements described in subparagraphs 1. through 9., above. 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 Trip Prize is $20,000. The estimated reportable taxable value of the Prize for a U.S. citizen or legal resident is $26,315.79. 

12. All other costs and expenses involved with or related to the acceptance and/or participation in the Trip Prize not specifically included in the prize elements, listed above, for example, but not exclusively, ground transportation; transportation to and from airport to prizewinner’s home/residence; transfers; additional hotel amenities (i.e. spa services, internet access, phone calls, laundry services); fees and gratuities; airline premium seat fees; airline baggage fees (both checked and carry on); personal expenses such as laundry, valet service, photos, souvenirs, and other incidentals; as well as rebooking or cancellation fees that may be charged by an airline, hotel, or other suppliers, are the sole responsibility of the prizewinner, proxy, and/or guest, as applicable.

13. The prizewinner, or proxy, will be required to submit a valid major credit card to the hotel to cover all expenses not specifically awarded as part of the Trip Prize. 

14. The Prize Provider shall determine, in its sole discretion, the specific merchandise models, items, vendors, and/or retailers for all elements of the Trip Prize and reserves the right to substitute any portion or elements of the Trip Prize for items of comparable or greater value and/or any specified brand, vendor, or retailer for one of comparable quality. Elements, including, but not exclusively, travel and hotel accommodations and planned activities, of the Trip Prize are subject to availability and may be fulfilled by third-party companies and/or vendors.

15. An opportunity to participate in the recording and production of Dick Clark’s New Year’s Rockin’ Eve Program and/or appear in the broadcast of the Program is not a Prize element and is determined by the Prize Provider, at its sole discretion.

(b) The prizewinner/prizewinner’s proxy, as applicable, may have the opportunity to participate and appear on the Program, subject to a background check, execution of appearance release/s, and all then-current Federal, state, and/or local government and/or agency, network, or Prize Provider laws, regulations, restrictions, guidelines, and/or protocols (collectively, “Production Requirements”).

(c) The prizewinner may appoint a proxy (or have a proxy appointed) to participate and appear in the Program, subject to the proxy’s satisfying the Production Requirements. In such event, the prizewinner will still receive all elements of the prize, unless he or she elects to give them to his or her proxy, and shall remain eligible to win the $1,000,000 prize. Prizewinner is not permitted to allow any proxy to be entered into the drawing for the chance to become a finalist in the $1,000,000 drawing. The deadline to appoint a proxy is November 18, 2022, and the prizewinner shall complete a Proxy Appointment and Acknowledgement Form DOL 491-B, revised 10/21. The proxy must complete a Proxy Release, Acknowledgement and Authorization Form DOL 474-NYC-P, 8/1/2022. All forms must be received by the Lottery by November 18, 2022. Forms DOL 491-B and DOL 474-NYC-P are hereby incorporated by reference and can be obtained from any Florida Lottery office or by contacting Florida Lottery, Customer Service at 850-487-7787 or TTY 800-955-8771 or 250 Marriott Drive, Tallahassee, Florida 32301. 

(d) In the event that the prizewinner’s designated proxy does not satisfy the Production Requirements, the Prize Provider reserves the right, in its sole discretion, either to:

1. Allow the prizewinner to appoint another proxy to appear in the Program in the prizewinner’s place, subject to Prize Provider’s production schedule and deadlines and satisfying the Production Requirements; or

2. Appoint another proxy, selected by the Prize Provider, to appear in the Program in the prizewinner’s place. 

(e) The prizewinner’s eligibility to participate in the Program and/or the drawing for the $1,000,000 prize is not affected by the prizewinner’s failure to satisfy the Production Requirements and/or by any information obtained pursuant to a background check, but those failures may affect the nature of the Prizewinner’s appearance and/or degree of participation in the Program. The Prize Provider reserves the right to appoint a proxy to appear and participate in the Program for the prizewinner for any reason as it may determine in its sole discretion. The appointment of any proxy shall not affect the prizewinner’s eligibility for the $1,000,000 prize.

(f) The date and location of any activities included in the Prize Package are subject to change and availability. If any activity is delayed, postponed, or canceled for any reason, in whole or in part, the prizewinner will not receive compensation in lieu of any such delayed, postponed, or canceled element of the Trip Prize and will remain responsible for the full taxable value.

(g) Except as provided herein for a proxy, no prize element substitution, cash substitution, assignment, or transfer of the Trip Prize or any elements thereof is permitted. Any unused elements of the Trip Prize will be forfeited, will not be redeemable for cash, and will not reduce the Trip Prize value awarded for tax purposes.

(7) Finalist Drawing and $1,000,000 prize drawing. One prizewinner from each participating Lottery in their states’ Powerball First Millionaire of the Year Promotion, will be entered into a Finalist Drawing anticipated to be conducted on December 31, 2022, in which five finalists will be selected to be entered into the $1,000,000 prize drawing. The $1,000,000 prize drawing is anticipated to be conducted on January 1, 2023, in which one $1,000,000 prize will be awarded to one of the five finalists. A prizewinner is not required to be present at the Finalist Drawing to be entered or selected in the Finalist Drawing, nor is a finalist required to be present at the $1,000,000 prize drawing to be entered or selected in the $1,000,000 prize drawing. Both the Finalist Drawing and the $1,000,000 prize drawing will be conducted by the Multi-State Lottery Association (MUSL). The $1,000,000 prize prizewinner will be announced on or about January 1, 2023. The odds of being selected as a finalist depend on the total number of eligible entries from all participating Lotteries, including the Florida Lottery. The odds of a finalist winning the $1,000,000 prize in the $1,000,000 Prize Drawing are 1 in 5.

(8) $1,000,000 Prize Claiming Procedures. If the prizewinner in the $1,000,000 prize drawing is a Florida winner, the prizewinner will be required to complete a Winner Claim Form DOL-173-2, Revised 7/22, or Spanish Winner Claim Form DOL-173-2S, Revised 7/22, and provide a copy of acceptable identification as set forth in subsection (5), above. Payment of prizes will be made in accordance with the rule of the Florida Lottery governing payment of prizes. Applicable tax forms for the $1,000,000 prize will be issued by the Florida Lottery to the prizewinner separately from the tax forms for the Trip Prize.

(9) Analysis for State-Owed Debt and Child Support Debt. Prior to the award of any cash prize, the prizewinner will be analyzed for Florida state-owed debt and child support 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 the amount of the cash prize, 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 any cash prize, the entire prize amount after applicable income tax withholding will be applied to the outstanding debt.

(10) Taxes.

(a) Except as specifically mentioned herein, all Federal, state and/or local taxes or other fees on all prizes, as applicable, will be the responsibility of the prizewinner.

(b) If the prizewinner of the New Year’s Rockin’ Eve VIP Experience is a nonresident alien, he or she will be required to forward to the Lottery a payment for the difference between the Federal tax withholding for a U.S. citizen or legal resident (24%) on the value of the Trip Prize plus Federal taxes paid ($26,315.79) and thirty percent (30%) on the value of the Trip Prize plus Federal taxes, which is the rate of withholding required for a nonresident alien, to cover Federal taxes prior to award of the Trip Prize to him/her.

(c) If applicable, the winner of the $1,000,000 prize, and pursuant to applicable provisions of the Internal Revenue Service code, Federal income taxes will be withheld at a rate of twenty-four percent (24%) for a U.S. citizen or legal resident and at the rate of thirty percent (30%) for a nonresident alien. The reporting and subsequent payment of any additional Federal, state, and/or local taxes and any other fees and costs shall be the responsibility of the prizewinner.

(d) Inclusion in this rule of nonresident alien Federal tax information is not to be seen as inconsistent with and does not imply that any person other than a legal U.S. resident and Florida resident is eligible to enter this Promotion.

(e) Any forfeiture; inability to travel or partake of any Trip Prize element; appointment of a proxy; delayed, postponed, or canceled element; or unused element, will not reduce the value for tax purposes. The prizewinner shall remain responsible for tax on the full value of the Trip Prize.

(11) Other Restrictions and Provisions.

(a) A prizewinner must be at least 18 years of age. If the prizewinner is under the age of 21 years, prizewinner’s Guest must be at least 18 years of age. If the prizewinner is 21 years of age or older, his or her Guest may be under 18 but must be at least 13 years of age as the first date of travel. In the event the Guest is a minor, the prizewinner must be a parent or legal guardian of the Guest; the Florida Lottery reserves the right to require proof of the same.

(b) A prizewinner is solely responsible for the actions of their guest/s.

(c) Players will also be required to comply with the Terms and Conditions of the Administrator (PP + K, Inc.), which can be found at firstmillionaire.flalottery.com, the “Trip Prize Terms and Conditions”, attached to this rule as Exhibit A, effective 8/1/22, and is hereby incorporated by reference, and any terms set forth in the “Powerball First Millionaire of the Year Promotion (2022-23) Trip Prize Description,” attached to this rule as Exhibit B, effective 8/1/22, and is hereby incorporated by reference. Should there be any discrepancy between this rule and any of the afore-mentioned documents, this rule shall prevail.

(d) If for any reason the Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Florida Lottery/its Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then the Florida Lottery reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. At its discretion, the Lottery may then select a winner from those entries received up to the cancellation/suspension date, without obligation or liability.

(e) 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. 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.

(f) 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 Year Promotion. Additionally, officers, directors, members, managers, employees, and contractors of PP + K, Inc., DCP Rights, LLC, MUSL, and American Broadcasting Companies, Inc. and each of their respective parent, subsidiary, and/or affiliated entities and members of the immediate family, regardless of where they reside, and others residing with the above are not eligible to enter this Promotion.

(g) By entering the Powerball First Millionaire of the 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.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 8-15-22, Replaces 53ER22-46.