53ER09-53: $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing
SUMMARY: The Department of the Lottery will conduct a $250,000 Treasure Tree Holiday Shopping Spree Second Chance drawing between October 14, 2008 and December 2, 2008, in which special prizes will be awarded.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, Capitol Complex, Tallahassee, Florida 32399-4011
THE FULL TEXT OF THE EMERGENCY RULE IS:
53ER09-53 $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing.
(1) Beginning Tuesday, October 13, 2009, players can enter their non-winning Florida Lottery $250,000 Treasure Tree scratch-off tickets in the $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing on the Florida Lottery website to win a $5,000 Shopping Spree or Simon Mall gift cards.
(2) One $250,000 Treasure Tree Second Chance Drawing Holiday Shopping Spree drawing will be held on Tuesday, December 15, 2009, from entries received by midnight Monday, December 14, 2009, to award nine (9) Grand Prizes and all second and third prizes. One final drawing to award the final Grand Prize will be held on the second Tuesday following the end of game sales (to be determined) from all entries received between December 15, 2009 and midnight on the night before the drawing. Entries will be good for one (1) drawing only.
(3) A total of ten (10) $250,000 Treasure Tree Holiday Shopping Spree Grand Prize $5,000 shopping sprees, consisting of $5,000 in Simon Mall gift cards, will be awarded.
(4) A total of ten (10) second place prizes of $1,000 in Simon Mall gift cards and thirty (30) third place prizes of $500 Simon Mall gift cards will be awarded on Tuesday, December 15, 2009.
(5) To enter a non-winning ticket in the $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing, players must visit the Florida Lotterys Web site at www.flalottery.com, click on the $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing icon and follow the directions.
The ticket number, which is needed for entry into a second chance drawing, is located below the play instructions on the front of the $250,000 Treasure Tree scratch-off ticket. Scratch off the latex covering to reveal the 24-digit ticket number. Winning $250,000 Treasure Tree tickets cannot be used for entry into a second chance drawing. The odds of winning are dependent upon the number of entries received.
Players may enter as many times as they wish during the contest period. However, each valid ticket number may only be used one time, for one entry into the next scheduled drawing. The ticket must be presented in order to claim a prize in the $250,000 Treasure Tree Holiday Shopping Spree 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 into the drawing and will not be returned.
(6) A total of forty-nine (49) entries will be drawn on December 15, 2009. The first nine (9) numbers drawn will win the Grand Prize of a $5,000 Holiday Shopping Spree, consisting of $5,000 in Simon Mall gift cards. The tenth through nineteenth numbers drawn will win $1,000 in Simon Mall gift cards and will be alternates for the Grand Prize Shopping Spree prize. The twentieth through forty-ninth numbers drawn will win a $500 Simon Mall gift card and will be alternates for the second prize.
Two (2) entries will be drawn in the final drawing held following the end of the $250,000 Treasure Tree game. The first number drawn will be awarded a $5,000 Holiday Grand Prize Shopping Spree and the second number drawn will be an alternate.
(7) The prizewinners in each $250,000 Treasure Tree Holiday Shopping Spree Second Chance drawing will be posted on www.flalottery.com on the day of the draw. The Florida Lottery will attempt to notify prizewinners by telephone, certified mail or e-mail no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a prizewinner 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. For the December 15, 2009, drawing, alternates will be selected, in the order in which they were drawn, from winners in the next lowest prize category who have been contacted within the three (3) week period. An alternate who has already claimed his or her prize will be awarded additional gift cards valued at the difference between the prize already claimed and the higher prize. For the drawing after the end of the $250,000 Treasure Tree game, if the Florida Lottery is unable to contact the alternate winner within three (3) weeks of forfeiture by the initial winner, the alternate winner will forfeit his or her right to claim the prize and the prize will not be awarded. Second Chance Shopping Spree prizes will be shipped to the winners address within approximately 15 business days after the winning ticket has been received by the Lottery. Unclaimed gift cards, if any, will be used for future Florida Lottery promotional prizes.
(8) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing prize, the player must submit to the Florida Lottery the original valid non-winning 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 or DOL-173-2S, as referenced in Rule 53ER08-89, F.A.C., and a copy of acceptable identification to the Florida Lottery within two (2) weeks of notification by the Lottery that they are a winner. Winners who cannot produce a valid entry ticket and/or do not return the required documents as set forth above will forfeit their right to claim the prize.
(9) Federal income tax withholding for the value of the $250,000 Treasure Tree Holiday Shopping Spree Grand Prize will be paid by the Florida Lottery. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner. The value of the prize reported to the Internal Revenue Service as income will be $6,666.67 for a U.S. citizen.
All federal, state and/or local taxes or other fees on the second and third prizes will be the responsibility of the winner. 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 the second and third prizes in this promotion do not involve cash from which to withhold taxes, a nonresident alien claimant who is selected as a winner 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.
(10) No cash option is available in lieu of the prizes.
(11) The right to claim a prize cannot be assigned to another person or entity.
(12) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder, including the official $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing rule. Prizes will be paid in accordance with the rule of the Florida Lottery governing payment of prizes. Copies of the current prize payment rule and the $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
(13) 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.
(14) A player entering $250,000 Treasure Tree Holiday Shopping Spree Second Chance Drawing is deemed to have granted 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.
(15) The $250,000 Treasure Tree Holiday Shopping Spree 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 the drawings will be available after the drawing on the Florida Lotterys Website at www.flalottery.com, by phone at (850)487-7777 and at Florida Lottery retailers.
Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. HistoryNew 10-9-09.
