WHEEL OF FORTUNE® Second Chance Promotion

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER12-9: WHEEL OF FORTUNE® Second Chance Promotion

SUMMARY: The Department of the Lottery will conduct a WHEEL OF FORTUNE® Second Chance Promotion from September 6, 2011, through August 14, 2012, in which special prizes will be awarded. This emergency rule replaces Emergency Rule 53ER11-49, F.A.C.

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

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER12-9 WHEEL OF FORTUNE® Second Chance Promotion.

(1) Beginning September 6, 2011, and continuing through August 14, 2012, the Florida Lottery (or “Lottery”) will conduct the WHEEL OF FORTUNE® Second Chance Promotion in which players can enter their non-winning WHEEL OF FORTUNE® Florida Lottery Scratch-Off tickets on the Florida Lottery website for a chance to win one (1) of eight (8) trips to Hollywood, California, and a chance to play a lottery players-only, non-broadcast game of WHEEL OF FORTUNE® and win up to one million dollars ($1,000,000).

(2) To enter a non-winning WHEEL OF FORTUNE® Scratch-Off ticket in one of the Hollywood Trip Grand Prize Second Chance Drawings (“Hollywood Trip Drawings”) further described in paragraph (4)(a) below, players must enter on the Florida Lottery’s website at www.flalottery.com. On the home page of the Lottery’s website, players can click on the WHEEL OF FORTUNE® banner(s) 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 at the bottom on the front of a WHEEL OF FORTUNE® Scratch-Off ticket under the latex covering. Players are to Scratch off the latex covering to reveal the number and enter the 20-digit ticket number in the designated ticket entry area on the website. At the time of entering a non-winning WHEEL OF FORTUNE® ticket, players will be provided an option to play the WHEEL OF FORTUNE® interactive game on the website, where the number of entries and the Wheel Gold Award assigned to the ticket will be revealed. If players choose not to play the game or if they experience technical problems while playing the game, the entries that would have been revealed in the course of playing the game will be credited to their entry account for that draw period. Each non-winning WHEEL OF FORTUNE® Scratch-Off ticket is randomly assigned a predetermined number of entries from 1 to 5, and a predetermined Wheel Gold Award from 25 to 500 that can be used on the Game Show Network’s Facebook page to play the WHEEL OF FORTUNE® Facebook game.

(3) Players may enter as many times as they wish during the contest period; however, each valid ticket number may only be used one (1) time, for one (1) opportunity to receive entries in one (1) Hollywood Trip Drawing. All entries received from September 6, 2011, through 11:59:59 p.m. (ET) on August 14, 2012, excluding entries selected as winners in the Hollywood Trip Drawings, will also be included in the Preliminary Multi-State Second Chance One Million Dollar Bonus Drawing (“Preliminary Drawing”) on August 16, 2012. Non-winning WHEEL OF FORTUNE® Scratch-Off tickets entered from January 11, 2012 through August 14, 2012, will be eligible only for entry in the Preliminary Drawing. Tickets should not be mailed to the 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 are dependent upon the number of entries received. Winning WHEEL OF FORTUNE® tickets cannot be used for entry in the promotion.

(4) Drawings.

(a) Hollywood Trip Drawings. Four (4) Hollywood Trip Drawings will be held during the period of October 5, 2011, through January 11, 2012, from entries received by midnight the night before each drawing. The drawing dates are:

 

Drawing	Drawing Date	From Entries Received
1	Wednesday, October 5, 2011	September 6, 2011  October 4, 2011
2	Wednesday, November 2, 2011	October 5, 2011  November 1, 2011
3	Wednesday, November 30, 2011	November 2, 2011  November 29, 2011
4	Wednesday, January 11, 2012	November 30, 2011  January 10, 2012

 

1. In each of the four (4) Hollywood Trip Drawings, two (2) Grand Prize winners will each win a trip to Hollywood, California, and fifteen (15) Second Prize winners will each win a Nintendo Wii™ video game system with a WHEEL OF FORTUNE® video game. A total of eight (8) Grand Prizes and sixty (60) Second Prizes will be awarded in the Hollywood Trip Drawings.

2. The first two (2) valid entries drawn will each win a Grand Prize and the third through seventeenth valid entries drawn will win a Second Prize. The third through seventeenth valid entries will be used in the order in which they were drawn to select an alternate Grand Prize winner in the event the Grand Prize cannot be awarded. The Florida Lottery will attempt to notify each winner by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a Grand Prize winner within three (3) 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 an alternate winner. If the Florida Lottery is unable to contact the alternate winner within three (3) weeks, 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 and the prize is claimed in accordance with subparagraph (4)(a)3. below, or the Florida Lottery has exhausted the list of available alternates, provided that, to meet the schedule for the Hollywood Trip, which is anticipated to take place on or about April 17, 2012, the last date upon which the Lottery will attempt to contact an alternate winner will be March 1, 2012. If the Lottery is unable to contact an alternate by that date, the Grand Prize will not be awarded. An alternate winner who has not claimed the Second Prize at the time of notification will be awarded only the Grand Prize. An alternate winner who has claimed the Second Prize at the time of notification may retain the Second Prize. If the Florida Lottery is unable to contact a Second Prize winner within three (3) weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the Second Prize will not be awarded.

3. All entries in the Hollywood Trip Drawings are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a prize in a Hollywood Trip Drawing, the player must submit to the Florida Lottery the original valid non-winning WHEEL OF FORTUNE® ticket bearing the entry number selected in the drawing. Without such ticket, the player will forfeit his or her right to claim a prize. Winners must submit the valid entry ticket along with a completed Winner Claim Form DOL-173-2, revised 02/11 or Spanish Winner Claim Form DOL-173-2S, revised 02/11, appropriate identification and a notarized Florida Lottery Release and Authorization Form DOL-474, revised 10/08 or Spanish Florida Lottery Release and Authorization Form DOL-474S, effective 09/11, within seven (7) days of notification by the Florida Lottery that they are a winner. If a winner does not return the required forms within seven (7) days of notification, the winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate winner as described above. Forms DOL-173-2, DOL-173-2S, DOL-474, and DOL-474S are hereby incorporated by reference and may be obtained at any Lottery office, from the Florida Lottery’s website at www.flalottery.com, or by writing to: Florida Lottery, Office of Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

4. Upon the Florida Lottery’s receipt of a winner’s required documentation, the Lottery will notify the primary fulfillment company, Scientific Games International, Inc. (“SGI”) of the name of the winner. SGI will ship the WiiTM and WHEEL OF FORTUNE® video game package prizes to Second Prize winners within approximately fifteen (15) business days after notification from the Florida Lottery. The estimated retail value of the Second Prize is two hundred fifty dollars ($250). The fulfillment company will contact the Grand Prize winners within approximately ten (10) days to make arrangements for the Hollywood Grand Prize trip.

5. The prizewinners in each Hollywood Trip Drawing will be posted on www.flalottery.com, on the day of the draw.

(b) Multi-State Second Chance One-Million Dollar Bonus Drawing. One (1) Preliminary Multi-State Second Chance One-Million Dollar Bonus Drawing (“Preliminary Drawing”) will be held on August 16th, 2012, from entries received between September 6, 2011, and 11:59:59 p.m. (ET) on August 14, 2012, and not selected for a Hollywood Trip in a Hollywood Trip Drawing. Eight (8) entries will be randomly selected to be included in the Multi-State Second Chance One-Million Dollar Bonus Drawing (“Multi-State Bonus Drawing”) for a chance to win a cash prize of up to one million dollars ($1,000,000). The Multi-State Bonus Drawing will include eligible entries from all participating lotteries, including the eight (8) Florida Lottery entries selected in the Preliminary Drawing, and will be held on or about September 17, 2012. Lottery players will not be present for the Multi-State Bonus Drawing event. In the Multi-State Bonus Drawing, one (1) entry will be selected to win a prize of up to one million dollars ($1,000,000) with a minimum prize amount of fifty thousand dollars ($50,000). Four (4) additional entries will be selected as alternates. The lottery from which the Million Dollar Bonus entry originated will make all reasonable efforts to contact the winner within thirty (30) business days following the date of the drawing. If personal contact is not made within thirty (30) business days following the date of the drawing, reasonable efforts will be made to contact the first alternate. If the winner or an alternate is from Florida, the Florida Lottery will attempt to notify the winner or alternate by telephone, U.S. mail or email using the contact information provided in the winner’s registration data within thirty (30) business days following the date of the drawing. If personal contact is not made within thirty (30) business days following the date of the drawing, the winner or alternate will forfeit his or her right to claim the prize and the prize will be awarded to an alternate winner. This process will continue until an alternate winner is contacted.

(5) Hollywood Trip Grand Prize. Each Hollywood Trip Grand Prize winner (“Grand Prize winner”) will win a five-day, four-night trip for the Grand Prize winner and up to three (3) guests to Los Angeles, California. Each prize includes:

1. Roundtrip coach airfare for up to four (4) people from any U.S. airport to Los Angeles, California (inclusive of all associated airfare fees, taxes and surcharges);

2. All ground transfers between the airport and the hotel, studio, various Hollywood and/or Los Angeles area attractions and Scientific Games International, Inc. (“SGI”) hosted events;

3. Accommodations of up to two (2) deluxe hotel room(s) for four (4) nights (double occupancy, room and room tax only); and

4. Four thousand one hundred twenty-five dollars ($4,125) in cash, less tax withholding on the value of the Hollywood trip.

(6) Grand Prize winners and their guest(s) will be provided a welcome reception the evening of their arrival to Hollywood and a grand finale party on their last evening in Hollywood.

(7) Pre-Production Day. The Hollywood Trip Grand Prize includes a pre-production day on the WHEEL OF FORTUNE® stage at Sony Pictures Studios to be attended by Grand Prize winners and guests. The pre-production day will provide the opportunity for all Grand Prize winners to spin the WHEEL OF FORTUNE® wheel one (1) time (“Wheel Spin”) for a chance to win a cash prize ranging from three-hundred dollars ($300) to ten-thousand dollars ($10,000). During the pre-production day, Grand Prize winners will also participate in the selection process to determine which Grand Prize winners will play in the ten (10) non-broadcast experiential WHEEL OF FORTUNE® games (each an “Experience Game”) to take place on the production days that follow. Grand Prize winners from all participating state lotteries will be divided into ten (10) groups (each a “Show Group”). Three (3) Grand Prize winners from each Show Group (the “Grand Prize Winner Contestants”) will be randomly selected to play in the Experience Games. A total of thirty (30) Grand Prize Winner Contestants shall be selected to play the ten (10) Experience Games, and each Experience Game shall be collectively played by three (3) Grand Prize Winner Contestants.

(8) Experience Game Production Days. The Hollywood Trip Grand Prize includes one (1) Experience Game ticket to WHEEL OF FORTUNE® for the Grand Prize winner and each of the Grand Prize winner’s guest(s). Grand Prize winners’ guests may sit with Grand Prize winners in the audience but will not be eligible to be contestants on the Experience Game. Grand Prize Winner Contestants will attend training to review the rules of the Experience Game and learn how to play WHEEL OF FORTUNE®. Grand Prize Winner Contestants shall play a non-broadcast Experience Game on the WHEEL OF FORTUNE® stage with Pat Sajak and Vanna White, and have the opportunity to win cash and vehicle prizes; and, as part of a bonus round, may have a chance to win up to one-million dollars ($1,000,000) if the million dollar prize is qualified during regular game play to be added to the bonus round.

(9) Million Dollar Bonus Wheel Spin-Off. Following the completion of the Experience Games, a special one-million dollar ($1,000,000) bonus spin-off event (the “Million Dollar Bonus Wheel Spin-Off”) will occur. A random drawing will be conducted among all Grand Prize winners from each Show Group to select one (1) Grand Prize winner from each Show Group to become a contestant (“Spin-Off Contestant”) in the Million Dollar Bonus Wheel Spin-Off. Each Spin-Off Contestant selected from the Experience Games will spin the WHEEL OF FORTUNE® Bonus Wheel (“Bonus Wheel”) in Round One for a chance to advance to Round Two. If the Spin-Off Contestant advances to Round Two, the Spin-Off Contestant will spin the Bonus Wheel for a chance to win up to one-million dollars ($1,000,000). Spin-Off Contestants are guaranteed to win a minimum prize amount of five-thousand dollars ($5,000).

(10) The Grand Prize Trip does not include: mileage, insurance, gratuities, meals, parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), any items not expressly specified and personal expenses such as telephone calls, valet service, laundry, incidentals and the like, as well as revision or cancellation fees which may be charged by the hotel or other suppliers.

(11) The Grand Prize Trip is not transferable or assignable without the express written consent of the Lottery. If the Prizewinner advises the Lottery in advance that he or she is unable to take the Grand Prize Trip, the Grand Prize winner will receive the cash portion of the Grand Prize and may designate a proxy to use the travel portion of the Grand Prize in his or her stead and participate in the Experience Game; in such event, the Grand Prize winner shall receive any prize won by the proxy and the Grand Prize Trip and all prizes won by the proxy in the Experience Game will be taxable to the Grand Prize winner.

(12) If a Grand Prize winner is traveling via air and fails to appear at the designated time and place of departure, the airfare portion of the prize shall be forfeited and the Grand Prize winner shall be responsible for making alternative arrangements to travel to Los Angeles at his or her own expense.

(13) Unless prior alternative arrangements have been made, if a Grand Prize winner fails to check in to the hotel when he or she arrives in Los Angeles, the hotel portion of the prize shall be forfeited.

(14) If a Grand Prize winner fails to arrive at the studio for his or her scheduled participation in the non-broadcast Experience Game, the Grand Prize winner forfeits the right to personally participate in an Experience Game; however, a proxy shall play in the Grand Prize winner’s place and all prizes won by the proxy shall be awarded and taxable to the Grand Prize winner.

(15) In the event that a Grand Prize winner is unable to attend the trip due to unforeseen circumstances, and there is insufficient time to designate a person to take the trip in his or her stead as described in subsection (12) above, the balance of the trip prize shall be forfeited; however, the Lottery or SGI will appoint a proxy to play the Experience Game for the Grand Prize winner. The Grand Prize winner shall receive and be taxable on any prizes won by the proxy.

(16) The Grand Prize winner must be 18 years of age or older to play the WHEEL OF FORTUNE® Experience Game.

(17) The minimum age requirement for any audience member at WHEEL OF FORTUNE® is eight (8) years.

(18) The Grand Prize winner is solely responsible for the actions of the guest(s) who accompanies the Prizewinner to the event. If a Grand Prize winner’s guest is a minor, the Grand Prize winner must either be the parent or legal guardian of such guest, or must present a notarized, written consent from the minor’s parent or legal guardian for the minor guest to accompany the Grand Prize winner on the Grand Prize Trip.

(19) The Grand Prize winners, designee(s), or guest(s) must have a valid credit card or shall be required to post cash deposit for incidentals to check in to the hotel.

(20) Taxes.

(a) The Lottery shall withhold from the four-thousand, one-hundred, twenty-five dollars ($4,125) cash portion of the Hollywood Trip Grand Prize federal income tax withholding on the total retail value of the Hollywood Trip Grand Prize. The total retail value of each Hollywood Trip Grand Prize is twelve-thousand, five-hundred dollars ($12,500).

(b) Federal 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. Because there is no cash awarded in connection with the Second Prizes in the Hollywood Trip Drawings from which to withhold taxes, a nonresident alien claimant who is selected as a winner of a Second Prize will be required to pay the withholding tax or forfeit the prize. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien winner.

(c) SGI shall pay prizewinners the Pre-Production Day prizes, the Million Dollar Bonus Wheel Spin-Off prizes, and the prize awarded in the Million Dollar Bonus Drawing. SGI shall withhold federal and any applicable state withholding tax payments on behalf of each prizewinner and mail a check and IRS Form W-2G to the prizewinner within ten (10) business days.

(d) PCI, the prize fulfillment company for Sony Pictures Consumer Products, as agent for Califon Productions, Inc., shall pay all cash prizes won by Prizewinner Contestants on the Experience Game shows. PCI shall withhold federal and California withholding tax payments and provide each winner the appropriate IRS tax Form.

(e) Prizewinner Contestants may opt to take the cash equivalent of any vehicle prizes won during the Experience Game. In such case, PCI shall withhold federal and California withholding tax payments on behalf of each Prizewinner Contestant that selects the cash option. If a Prizewinner Contestant waives the cash option, PCI shall fulfill the vehicle prize and provide each winner the appropriate IRS tax Form. The Prizewinner Contestant shall be responsible for the payment of any applicable taxes on the value of the vehicle.

(f) Except as specifically mentioned herein, payment of all federal, state and/or local taxes or other fees on the prizes won in conjunction with a winner’s participation in the WHEEL OF FORTUNE® Second Chance Promotion will be the responsibility of the winner.

(21) The Florida Lottery, SGI, PCI and their respective parent companies, affiliates, subsidiaries, directors, officers, agents and employees assume no liability or responsibility for damages, losses, or injury resulting from this promotion or the acceptance or use of a prize and provide no warranty for any prizes won on WHEEL OF FORTUNE® Experience Game. Any warranties and guarantees are those of the manufacturer only.

(22) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(23) No cash option is available in lieu of WHEEL OF FORTUNE® Second Chance Promotion non-cash prizes awarded by the Florida Lottery. No substitutes for prizes are available, except by the Florida Lottery, which reserves the right, in its sole discretion, to substitute different prizes of comparable value should the Grand Prize or Second Prize become unavailable.

(24) If the winner of a Hollywood Trip Grand 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 Section 24.115, F.S. If 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 withholding taxes and the amount owed, 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 Section 24.115, F.S., and the winner will receive the remaining non-cash portion of the prize, if any.

(25) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder.

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

(27) By entering the WHEEL OF FORTUNE® Second Chance Promotion, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to SGI and PCI for prize fulfillment purposes.

(28) By entering the WHEEL OF FORTUNE® Second Chance 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.

(29) WHEEL OF FORTUNE® Hollywood Trip Grand Prize 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.

(30) This offer is void where prohibited by law.

(31) This emergency rule replaces Emergency Rule 53ER11-49, F.A.C.

Rulemaking Authority 24.105(9, 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 1-11-12, Replaces 53ER11-49.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: January 11, 2012