Viva Florida 500 Second Chance Promotion.

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:
53ER13-1Viva Florida 500 Second Chance Promotion.
SUMMARY: The Department of the Lottery will conduct the Viva Florida 500 Second Chance Promotion between January 8, 2013, and April 2, 2013, in which three second chance drawings will be held and special prizes will be awarded.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

53ER13-1 Viva Florida 500 Second Chance Promotion.

(1) Beginning January 8, 2013, through April 2, 2013, the Florida Lottery will conduct the Viva Florida 500 Second Chance Promotion in which players can enter their non-winning FLORIDA TREASURE HUNT Florida Lottery Scratch-Off tickets on the Florida Lottery website for a chance to win a Mazda® CX-5, a Florida Vacation Package, or $500 in cash. Winning FLORIDA TREASURE HUNT tickets cannot be used for entry into the Viva Florida 500 Second Chance Promotion.

(2) Three second chance drawings will be held between February 6, 2013, and April 3, 2013, from entries submitted by midnight ET the night before each drawing. Entries will be good for one drawing only. The drawing schedule is:

Drawing	From Entries Submitted	Drawing Date
1	January 8, 2013 – February 5, 2013	Wednesday, February 6, 2013
2	February 6, 2013  – March 5, 2013	Wednesday, March 6, 2013
3	March 6, 2013 – April 2, 2013	Wednesday, April 3, 2013

 

(3) In each of the second chance drawings, one grand prize winner will win a Mazda CX-5, four second prize winners will win a Florida Vacation Package; and ten third prize winners will win $500 in cash. A grand total of forty-five prizes will be awarded in the second chance drawings.

(4) To enter a non-winning  FLORIDA TREASURE HUNT Scratch-Off ticket in the Viva Florida 500 Second Chance Promotion, visit the Florida Lottery’s website at www.flalottery.com, click on the Viva Florida 500 Second Chance banner, and follow the “Ticket Entry” directions. Players will be prompted to log in or register. Scratch off the latex covering to reveal the 24-digit ticket number (4-digit game number and 20-digit ticket number) located below the play instructions on the front of a Scratch-Off ticket and enter the entire 24-digit ticket number in the designated area. Players will be provided an option to “Discover Florida” via the interactive Discover Florida Map and reveal the number of entries assigned to the ticket. Each non-winning FLORIDA TREASURE HUNT Scratch-Off ticket is randomly assigned a predetermined number of entries ranging between three and twelve. If players choose not to use the interactive feature or if they experience technical problems while using the interactive feature, the entries that would have been revealed in the course of “Discovering Florida” will be credited to their entry account for that drawing period. 

(5) Players may enter as many times as they wish during the promotion period. However, each valid ticket number may only be used one time, for one opportunity to receive entries into one Viva Florida 500 second chance 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 submitted.

(6) Drawings. In each of the three drawings, the first valid entry drawn will win the grand prize of a Mazda® CX-5. The second through fifth valid entries drawn will win a second prize of one of four Florida Vacation Packages and $500. Florida Vacation Packages will be awarded in the following order: Boca Raton Resort & Club, Hawk’s Cay Resort, Melia Orlando Suite Hotel, and Renaissance World Golf Village. The sixth through fifteenth valid entries drawn will win a third prize of $500 and will be used in the order in which they were drawn and in the order of need to select an alternate grand prize or second prize winner in the event a grand prize or second prize cannot be awarded. Alternate winners will not be selected for third prizes.

(7) Notification.

(a) The prize winners in each second chance drawing will be posted on flalottery.com after the drawing. The Florida Lottery will attempt to notify each grand prize, second prize, and third prize winner by telephone, U.S. mail or e-mail using the contact information provided in the winner’s registration data no later than one week after the winners are drawn. If the Florida Lottery is unable to contact a grand prize or second prize winner within three 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 who has claimed his or her third prize in accordance with section (8) as described below. If the Florida Lottery is unable to contact the alternate winner within three weeks of the date of award of the prize, 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 Lottery is unable to contact an alternate, the prize will not be awarded. If the Florida Lottery is unable to contact a third prize winner within three 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. A third prize winner who forfeits his or her right to claim a third prize will also forfeit his or her right to serve as an alternate for a grand or second prize.

(b) A grand prize alternate winner who has claimed a third prize at the time of notification that he or she is the alternate winner of the grand prize may retain his or her third prize in addition to the grand prize. 

(c) A second prize alternate winner who has claimed a third prize at the time of notification that he or she is the alternate winner of the second prize may retain his or her third prize; however, the second prize alternate winner will be awarded only the vacation package portion of the second prize.

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

(8) How to Claim a Prize. To claim a grand prize, second prize, or third prize in a Viva Florida 500 second chance drawing, the player must submit to the Florida Lottery the original valid non-winning FLORIDA TREASURE HUNT 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, and appropriate identification. Grand prize and second prize winners must also submit 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. 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, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required forms must be received by the Florida Lottery no later than one week 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 forms by the seventh day after 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 in subsection (6) above.

(9) Award of Grand Prizes. Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Lottery will award a prize of a 2013 Mazda CX-5 (Sport equipped with standard options). The winner will be able to select the color of the vehicle from available color options.

(a) The Florida Lottery will notify the fulfillment company, which will arrange for delivery of the vehicle to the designated authorized Mazda dealership from which the winner will take possession of his or her vehicle prize. The designated dealership will be as near to the winner’s place of residence as is practicable. The winner must present proof of a valid driver’s license and proof of vehicle insurance as required by the laws of the state in which the vehicle is delivered, which in Florida are Chapters 322 and 320, Florida Statutes, respectively. If the winner is unable to provide proof of a valid driver’s license, the vehicle must be removed by trailer or similar transport equipment provided by the winner or driven by a person who is able to provide proof of a valid driver’s license. The winner must take possession of the vehicle within thirty days of receipt of notification that it is ready for pick up at the designated dealership. If the winner fails to take possession of the vehicle within thirty days of pickup notification, unless prior alternate arrangements have been made, the vehicle prize will be forfeited and no cash prize will be substituted. The cost of travel to take possession of a vehicle prize shall be the responsibility of the prizewinner.

(b) The Florida Lottery provides no warranty for the Mazda CX-5. Any warranties and guarantees are those of the manufacturer only.

(c) The Florida Lottery will pay tax, tag, title and additional fees on the Mazda CX-5 as well as applicable federal income tax withholding on the value of the Mazda CX-5 prize. The Mazda CX-5 prize is valued at approximately $23,995, including tax, tag, title and additional fees plus applicable federal income tax withholding. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the winner.

(d) The winner of the Mazda CX-5 must be 18 years of age or older.

(e) A cash option is not available in lieu of the vehicle. However, the Florida Lottery reserves the right to award a cash prize of $23,995 in lieu of a vehicle if, for reasons beyond the control of the Lottery, a vehicle is not available for award to a player. Federal income tax withholding will be deducted from a cash prize awarded under this provision. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner.

(10) Award of Second Prizes. Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award a cash prize of $500 and a Florida Vacation Package. The Lottery will provide second prize winners a certificate describing the vacation package won and containing all information necessary for the prize winner to make reservations to fulfill the prize. The Florida Vacation Packages are: Boca Raton Resort & Club, Boca Raton; Hawk’s Cay Resort, Duck Key; Melia Orlando Suite Hotel, Orlando; and Renaissance World Golf Village, St. Augustine.

(a) Boca Raton Resort & Club Package. Package will include four days/three nights’ hotel accommodations for two persons, one dinner for two, a choice of either two 50-minute spa treatments or one round of golf for two, and $500 in cash. (Estimated retail value including the cash portion of the prize - $2,000)

(b) Hawk’s Cay Resort Package. Package will include four days/three nights’ hotel accommodations for two persons, one sunset cruise for two, 50-minute massage for two, two-hour stand-up paddle board rentals for two, and $500 in cash. (Estimated retail value including the cash portion of the prize - $2,000)

(c) Melia Orlando Suite Hotel Package. Package will include four days/three nights’ accommodations for four persons in a two-bedroom condominium suite, daily deluxe continental breakfast for four, one lunch for four, one dinner for four, and $500 in cash. (Estimated retail value including the cash portion of the prize - $1,525)

(d) Renaissance World Golf Village Package. Package will include four days/three nights’ hotel accommodations for two persons, one round of golf for two, and $500 in cash. (Estimated retail value including the cash portion of the prize - $1,400)

Hotel accommodations include all taxes and resort fees. Reservations must be made with the hotel a minimum of thirty days prior to the winner’s arrival. Each Florida Vacation Package must be used by April 3, 2014. A second prize does not include travel to and from the resort/hotel, mileage, meals (except as specified above), parking fees, incidentals, tips, telephone calls or any other personal expenses such as valet service, laundry, etc.,  as well as revision or cancellation fees that may be charged by the hotel or other suppliers. The second prize winner must have a valid credit card or shall be required to post a cash deposit to cover incidental costs when checking into the hotel. The second prize winner must present acceptable identification and/or travel documents (e.g., a valid U.S. driver's license or passport). A winner may transfer the vacation portion of the second prize one time, prior to booking, at no additional cost; however, the value of the second prize will remain taxable income to the winner. The Florida Lottery, reserves the right, in its sole discretion, to substitute a different prize of comparable value should the second prize become unavailable. A cash option is not available in lieu of a second prize.

(11) Award of Third Prizes. Upon the Florida Lottery’s receipt of a third prize winner’s required documentation, the Florida Lottery will award a cash prize of $500. 

(12) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder.

Prizes shall be paid in accordance with 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.  

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

(14) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the prizes won in the Viva Florida 500 Second Chance Promotion will be the responsibility of the winner. Federal income taxes are required to be withheld from a second prize awarded to a nonresident alien claimant at the rate of thirty percent pursuant to applicable provisions of the Internal Revenue Code. A nonresident alien claimant who is selected as a winner of a second prize for which the amount of the withholding tax will exceed the cash portion of the prize will be required to pay the excess amount or forfeit the prize.  The reporting and subsequent payment of any additional federal, state or local taxes will be the responsibility of the nonresident alien winner.

(15) If the winner of a second prize in a Viva Florida 500 second chance drawing 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, Florida 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 cash portion of the prize less 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, Florida Statutes, and the winner will receive the remaining non-cash portion of the prize.

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

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

(18) By entering the Viva Florida 500 Second Chance Promotion, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to VISIT FLORIDA® and to the Lottery’s fulfillment company for prize fulfillment purposes.

(19) By entering the Viva Florida 500 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.

(20) Viva Florida 500 second chance drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. 

Rulemaking Authority 24.105(9), 24.109(1) FS.  Law Implemented 24.105(9), 24.115(1) FS.  History–New 1-4-13.   

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 4, 2013