Holiday Luck Second Chance Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER19-68Holiday Luck Second Chance Promotion

SUMMARY: This emergency rule describes the “Holiday Luck Second Chance Promotion.”  The Department of the Lottery will conduct the Holiday Luck Second Chance Promotion beginning October 28, 2019, and continuing through January 6, 2020, in which three second chance drawings will be held and cash prizes 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:

53ER19-68 Holiday Luck Second Chance Promotion.

(1) Beginning October 28, 2019, and continuing through January 6, 2020, (“Promotion Period”) the Florida Lottery will conduct the Holiday Luck Second Chance Promotion (“Promotion”) in which players can enter non-winning Florida Lottery Scratch-Off tickets (also known as instant tickets) from the following LUCK family of games into a Holiday Luck second chance drawing for a chance to win a cash prize:

(a) Game Number 1435, $10,000 HOLIDAY LUCK;

(b) Game Number 1436, $50,000 HOLIDAY LUCK;

(c) Game Number 1437, $1,000,000 HOLIDAY LUCK;

(d) Game Number 1438, $2,000,000 HOLIDAY LUCK; and

(e) Game Number 1434, $5,000,000 LUCK. 

Non-winning Scratch-Off lottery tickets from the five above-listed LUCK family of games may be entered throughout the entire Promotion Period for entry into the next available drawing. Winning Scratch-Off lottery tickets from the above-listed LUCK family of games cannot be used for entry into a Holiday Luck second chance drawing.

(2) How to Enter.

(a) To enter a non-winning LUCK family Scratch-Off lottery ticket into one of the second chance drawings, players must enter on the Florida Lottery’s website at flalottery.com. On the home page of the Florida Lottery’s website, players can click on the Holiday Luck Second Chance Promotion banner 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 below the play area on the front of a LUCK family Scratch-Off ticket under the latex covering. Players are to scratch off the latex covering to reveal the number and enter the entire 24-digit ticket serial number in the designated ticket entry area on the website.

(b) Entry Determination. Each non-winning LUCK family Scratch-Off lottery ticket is assigned a predetermined number of entries that corresponds to the price of the non-winning ticket, as shown in the table below. 

Ticket Price Point	Game Name	Number of Entries
$1	Game Number 1435, $10,000 HOLIDAY LUCK	1
$2	Game Number 1436, $50,000 HOLIDAY LUCK	2
$5	Game Number 1437, $1,000,000 HOLIDAY LUCK	5
$10	Game Number 1438, $2,000,000 HOLIDAY LUCK	10
$20	Game Number 1434, $5,000,000 LUCK	20

Each valid non-winning ticket number may only be entered one time and only into one drawing during the Promotion Period. Tickets should not be mailed to the Florida 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 a drawing and will not be returned. The odds of winning depend on the number of entries entered. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(3) Social Media Promo Code. A player may earn 25 additional entries by entering a social media promo code at the time the player enters a non-winning LUCK family Scratch-Off ticket number into a drawing. A non-winning LUCK family Scratch-Off ticket number must be entered to enable the social media promo code feature and the ticket number and the promo code must be entered at the same time. The Florida Lottery will post one promo code on Facebook (www.facebook.com/floridalottery), Instagram (www.instagram.com/floridalottery), and Twitter (www.twitter.com/floridalottery) during each of the three entry periods. The unique social media promo code for each entry period can be unveiled by participating in an interactive game; the link for the game will be pinned to the top of the Florida Lottery’s Facebook, Instagram and Twitter profile pages. The social media promo code for each entry period is only valid for the corresponding entry period for which it is designated and can only be entered one time.

(4) Prizes. The following table sets forth the prizes available in the Promotion.

Prizes per Drawing
Prize Level	Prize Amount	Number of Prizewinners per Drawing	Total Prizewinners
Top Prize	$10,000	3	9
Second Prize	$5,000	7	21
Third Prize	$1,000	35	105
Total		45	135

(5) Drawings. A total of three second chance drawings will be held. Prizewinners for each drawing will be randomly selected from entries submitted and received before midnight ET on the last day of the entry period for that drawing. The entry periods, drawing dates and winner announcement dates are set forth in the table below. Drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. 

Drawing	Entry Period	Drawing Date	Winners Announced
1	October 28, 2019- November 18, 2019	November 20, 2019	November 25, 2019
2	November 19, 2019- December 9, 2019	December 11, 2019	December 16,2019
3	December 10, 2019- January 6, 2020	January 8, 2020	January 13, 2020

In each of the drawings, a total of 65 valid entries will be drawn by the Florida Lottery using a certified random number generation process. The first through third entries drawn will win the top prize of $10,000. The fourth through tenth entries drawn will each win a second prize of $5,000. The eleventh through forty-fifth entries drawn will each win a third prize of $1,000. The forty-sixth through sixty-fifth entries drawn will be used in the order in which they were drawn and in the order of need to select an alternate top, second, or third prize winner in the event a top, second, or third prize cannot be awarded.

(6) Prizewinner Notification.

(a) The prizewinners in each second chance drawing will be posted on flalottery.com on the announcement date set forth in the table in subsection (5) above for the related drawing, or as soon thereafter as practicable.

(b) The Florida Lottery will attempt to notify each prizewinner by telephone or email using the contact information provided in the prizewinner’s registration data no later than one business day (Monday-Friday) after the prizewinners are posted on the Florida Lottery’s website. The Florida Lottery deems the winner’s registration data as the prizewinner’s official contact information, including the physical mailing address. The Florida Lottery will not attempt to further locate a prizewinner if attempts to reach the winner by telephone or email are unsuccessful. If the Florida Lottery is unable to have contact by telephone or email with a prizewinner within seven calendar days of the date the prizewinners are posted on the website, the winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner in accordance with subsection (5) above. If the Florida Lottery is unable to have contact by email or telephone with the alternate prizewinner within seven calendar days of the date of notification, the alternate prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to the next alternate prizewinner. This process will continue until an alternate prizewinner is contacted or the Florida Lottery has exhausted the list of alternate prizewinners due to unsuccessful notification attempts or due to failure by a prizewinner or an alternate prizewinner to timely provide required claim documentation as set forth in subsection (7) below. If the Florida Lottery exhausts the list of alternate prizewinners, the prize will not be awarded.  

(7) How to Claim a Prize. To claim any prize in a second chance drawing, the prizewinner must submit to the Florida Lottery the original valid non-winning LUCK family Scratch-Off ticket bearing the entry number selected in the drawing. Without such ticket, the prizewinner will forfeit his or her right to claim a prize. The prizewinner must submit the entry ticket along with a completed Winner Claim Form DOL 173-2, revised 9/13, or Spanish Winner Claim Form DOL 173-2S, revised 9/13 and a copy of acceptable identification as set forth in 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. Forms DOL 173-2 and DOL 173-2S are hereby incorporated by reference and may be obtained at any Florida Lottery office or retailer, from the Florida Lottery’s website at flalottery.com, or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required documentation must be received by any Florida Lottery office no later than seven calendar days after the Florida Lottery has made personal contact with the prizewinner. If the Florida Lottery has not received the required documentation from a prizewinner by the seventh calendar day after notification, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner in accordance with subsections (5) and (6) above. The same timeframe for a prizewinner to return required documentation to the Florida Lottery shall apply to an alternate prizewinner.

(8) Award of Top Prizes. Upon the Florida Lottery’s timely receipt of a top prize winner’s required documentation, the Lottery will award a top prize of $10,000, less applicable federal income tax withholding.

(9) Award of Second Prizes. Upon the Florida Lottery’s timely receipt of a second prize winner’s required documentation, the Lottery will award a second prize of $5,000.

(10) Award of Third Prizes. Upon the Florida Lottery’s timely receipt of a third prize winner’s required documentation, the Lottery will award a third prize of $1,000.

(11) Taxes. Except as specifically described herein, all federal, state and/or local taxes or other fees on the prizes won in the Holiday Luck Second Chance Promotion will be the responsibility of the prizewinner. Thirty percent federal income tax withholding will be withheld from any prize won by a nonresident alien prizewinner in the Promotion, regardless of the amount of the prize. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien prizewinner.

(12) Other Restrictions and Provisions.

(a) 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.  

(b) All prizewinners will be analyzed for state-owed debt. If a prizewinner is identified as owing an 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(4), Florida Statutes. If the debt is an amount less than the amount of the prize, the balance of the prize after deduction of the debt shall be awarded. If the debt is an amount greater than the amount of the prize, the entire prize amount will be applied to the outstanding debt.

(c) 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 enter the Holiday Luck Second Chance Promotion.

(d) By entering the Holiday Luck 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.

Rulemaking Authority 24.105(9), 24.109(1), FS.  Law Implemented 24.105(9), 24.115(1) FS.  History – New-10 24-19.

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: October 24, 2019.