FANTASY 5® Football Draft Day Experience Promotion.

Notice of Emergency Rule

 

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER13-13: FANTASY 5® Football Draft Day Experience Promotion.
SUMMARY: This rule describes the FANTASY 5® Football Draft Day Experience Promotion.
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:

 

53ER13-13 FANTASY 5® Football Draft Day Experience Promotion.

(1) Beginning Monday, February 25, 2013, through Wednesday, April 3, 2013, the Florida Lottery will conduct the FANTASY 5® Football Draft Day Experience Promotion (or “Promotion”). Players who purchase a single $5.00 or more FANTASY 5 ticket at a Florida Lottery (or “Lottery”) retailer location will receive an entry voucher with a unique number that can be entered into a drawing in one of three participating professional football team experiences for a chance to win professional football team prizes. The team experiences are: the Jaguars FANTASY 5 Football Draft Day Experience, the Buccaneers FANTASY 5 Football Draft Day Experience, and the Dolphins FANTASY 5 Football Draft Day Experience. The purchase price of an EZmatch™ play will not count towards the $5.00 Fantasy 5 purchase requirement.

(2) To enter a voucher number into a team experience drawing, players must enter on the Lottery’s website at www.flalottery.com. On the home page of the Lottery’s website, players can click on the FANTASY 5® Football Draft Day Experience Promotion banner and follow the directions. Players can also access the Lottery’s website to enter a voucher number via a link located on each of the following three professional football teams’ websites:  

 

Professional Football Team	Website	Draft Day Experience
Jacksonville Jaguars	www.jaguars.com	Jaguars FANTASY 5 Football Draft Day Experience
Tampa Bay Buccaneers	www.buccaneers.com	Buccaneers FANTASY 5 Football Draft Day Experience
Miami Dolphins	www.miamidolphins.com	Dolphins FANTASY 5 Football Draft Day Experience

 

(3) The entry voucher will be attached to the bottom of the FANTASY 5 ticket. The voucher entry number is located at the bottom on the front of the voucher. Players are to enter the first 13-digits of the 19-digit voucher entry number. Qualifying FANTASY 5 ticket purchases will produce entry vouchers from the beginning of the promotion period until close of game for FANTASY 5 at 10:40 p.m. on April 3, 2013. A player will be able to enter his or her voucher entry numbers beginning at the top of the hour after the FANTASY 5 ticket is purchased. A player entering a voucher entry number prior to the top of the hour after purchase will be directed to return at a later time to enter his or her voucher entry number into the drawing. FANTASY 5 tickets cannot be used for entry into the drawings. The odds of winning are dependent upon the number of entries received. Entry vouchers should not be mailed to the Lottery unless players are contacted by the Florida Lottery and requested to do so. Entry vouchers or tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned. Cancellation of a qualifying FANTASY 5 ticket will also cancel the associated entry voucher and the voucher entry number will be ineligible for entry into a drawing. Voucher entry numbers associated with a cancelled FANTASY 5 ticket that are entered into a drawing will be disqualified.

(4) In each of the three team experiences, one computerized drawing will be held on two separate drawing dates and will include entries submitted during the corresponding entry period, for a grand total of six drawings. The drawing dates and entry periods are as follows:

 

Jaguars FANTASY 5 Football Draft Day Experience Drawing	Drawing Date	Entry Period (The entry submission deadline is midnight ET on the last day of the entry period)
1	Friday, March 15, 2013	February 25, 2013 - March 13, 2013
2	Friday, April 5, 2013	March 14, 2013 - April 3, 2013
Buccaneers FANTASY 5 Football Draft Day Experience Drawing	Drawing Date	Entry Period
1	Friday, March 15, 2013	February 25, 2013 - March 13, 2013
2	Friday, April 5, 2013	March 14, 2013 - April 3, 2013
Dolphins FANTASY 5 Football Draft Day Experience Drawing	Drawing Date	Entry Period
1	Friday, March 15, 2013	February 25, 2013 - March 13, 2013
2	Friday, April 5, 2013	March 14, 2013 - April 3, 2013

 

Players may enter as many times as they wish during the promotion. However, each valid voucher entry number may only be used one time, for one entry into one team experience drawing. 

(5) FANTASY 5 Football Draft Day Experience Drawings.

In each drawing, the Lottery will draw a total of forty-six entries and award forty-six prizes. The first entry selected will win the grand prize of a Draft Day Experience. The second through sixth entries selected will each win a second prize of team Season Tickets and will be used in the order in which they are claimed to select an alternate grand prize winner in the event the grand prize cannot be awarded. The seventh through sixteenth entries selected will each win a third prize of credentials to a team Draft Day Watch Party and will be used in the order in which they are claimed to select an alternate second prize winner in the event a second prize cannot be awarded. The seventeenth through twenty-sixth entries selected will each win a fourth prize of team Single Game Tickets and will be used in the order in which they are claimed to select an alternate third prize winner in the event a third prize cannot be awarded. The twenty-seventh through the forty-sixth numbers selected will each win a fifth prize of Team Merchandise. Alternate winners will not be selected to fulfill a fourth or fifth prize that cannot be awarded.

(6) Notification.

(a) The prize winners in each drawing will be posted on www.flalottery.com on the day of the drawing. The Florida Lottery will attempt to notify each grand, second, third, and fourth prize winner by telephone, U.S. mail or e-mail using the contact information provided in the winner’s registration data no later than twenty-four hours after the winners are posted on the Florida Lottery’s website.

1. If the Florida Lottery is unable to have telephone contact with the grand prize winner within three business days 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 as described in subsection (5) above.

a. If the Florida Lottery is unable to contact the first alternate grand prize winner in the March 15, 2013, drawing within three business days, the alternate winner will forfeit his or her right to claim the prize, and the Florida Lottery will award the prize to the second alternate winner. This notification process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of available alternates, except that notification attempts will not be made after April 17, 2013, for alternate winners of the grand prize.

b. If the Florida Lottery is unable to contact the first alternate grand prize winner in the April 5, 2013, drawing within two business days, the alternate winner will forfeit his or her right to claim the prize and no further alternate notification attempts will be made.

If the Florida Lottery is unable to contact a grand prize alternate, the prize will not be awarded.

2. If the Florida Lottery is unable to have telephone contact with a second prize winner within three business days 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 as described in subsection (5) above. This notification 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 a second prize alternate, the prize will not be awarded.

3. If the Florida Lottery is unable to have telephone contact with a third prize winner within three business days 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 as described in subsection (5) above. This notification process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of available alternates except that notification attempts will not be made after April 18, 2013, for alternate winners of a third prize. If the Florida Lottery is unable to contact a third prize alternate, the prize will not be awarded.

4. An alternate winner of a grand, second, or third prize may elect to decline the greater prize and keep the lesser prize; however, an alternate winner who accepts the greater prize will be awarded only the greater prize and must return any certificate received in connection with the lesser prize.

5. If the Florida Lottery is unable to have telephone contact with a fourth prize winner within three business days of the date of the drawing, the winner will forfeit his or her right to claim the prize. 

(b) The Florida Lottery will attempt to notify each fifth prize winner by telephone, U. S. mail or email using the contact information provided in the winner’s registration data no later than seven business days after the winner is drawn in order to confirm the winner’s mailing address. If the Florida Lottery is unable to contact the fifth prize winner within sixty days of the date of the drawing, the winner will forfeit his or her right to claim the prize.

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

(7) How to claim a prize.

(a) To claim a grand, second, third or fourth prize in a drawing, a winner must submit to the Florida Lottery the original valid voucher bearing the unique number selected in the drawing, a completed Winner Claim Form DOL-173-2, revised 02/11, or DOL-173-2S, revised 02/11, a copy of acceptable identification as listed on www.flalottery.com, and a completed Release and Authorization form DOL-474, effective 10/08, or Spanish Release and Authorization form DOL-474S, effective 9/11. Forms DOL-173-2, DOL-173-2S, DOL-474, and DOL-474S are hereby incorporated by reference and can be obtained from any Lottery office, from the Lottery’s website, www.flalottery.com., or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required forms must be received by the Florida Lottery no later than three business days after the winner is notified by the Lottery that he or she is a winner. If the Florida Lottery has not received the required forms by the third day after notification, the winner will forfeit his or her right to claim the prize. If the forfeited prize is a grand, second or third prize, the Florida Lottery will award the prize to an alternate winner in accordance with subsections (5) and (6) above. An alternate will not be required to submit additional claim documentation.

(b) Fifth prize winners are not required to submit the original valid voucher bearing the entry number selected in the drawing or the documentation listed in paragraph (7)(a) in order to claim the team merchandise prize.

(8) Award of Prizes.

(a) Grand Prize. (Draft Day Experience)

1. Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Lottery will award a prize of a Draft Day Experience. The winner will be provided a certificate describing the Draft Day Experience trip package along with the necessary information to make reservations to fulfill the prize. The Draft Day Experience includes the following: round-trip airfare for two persons from any U.S. regional or international airport with regularly scheduled commercial service to an airport servicing New York City; two tickets to the first day of the 2013 professional football draft at Radio City Music Hall scheduled to take place on April 25, 2013; two nights’ hotel stay (room and room tax only); two team hats and jerseys and $1,000 in cash. The estimated retail value of the prize, including the cash portion, is $4,500. The actual retail value of the prize is dependent upon the cost of airfare from the airport used by the winner. The Florida Lottery will pay applicable Federal income tax withholding on the actual retail value of the grand prize. The reportable taxable value of the grand prize is the actual retail value of the prize plus the value of the federal income tax withholding paid by the Lottery. The reportable taxable value of the grand prize is estimated at $6,000. The $1,000 cash portion of the prize will be mailed to the winner on or about April 15, 2013, or, if applicable, as soon thereafter as a winner is identified.

2. A grand prize does not include travel (except as specified above), gratuities, parking fees, baggage fees, any items not expressly specified, meals or per diem for meals, incidentals, tips, and personal expenses such as telephone calls, valet service or laundry, etc., or revision, rebooking, transfer or cancellation fees that may be charged by the airline, hotel or other suppliers.

3. A grand prize is not transferable or assignable without the express written consent of the Lottery. If the prizewinner advises the Lottery at the time the grand prize is claimed that he or she is unable to attend the Draft Day Experience, the grand prize winner may designate a proxy to use the airline ticket/hotel/event ticket portions of the grand prize in his or her stead; however, the cash portion of the prize will be paid to the grand prize winner and the entire value of the grand prize shall remain taxable to the grand prize winner.  An alternate winner of a grand prize may designate a proxy to use the airline ticket/hotel/event ticket portions of the grand prize in his or her stead provided he or she advises the Lottery of such designation at the time of notification of his or her selection as an alternate.

(b) Second Prize. (Season Tickets) Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award a prize of two team 2013 season football tickets (lower 100 level ).* The winner will be provided a certificate with the necessary information to obtain the football tickets from the fulfillment entity. (Total retail value $1,500)

(c) Third Prize. (Draft Day Watch Party) Upon the Florida Lottery’s receipt of a third prize winner’s required documentation, the Lottery will award a prize of two VIP credentials to a Draft Day Watch Party scheduled to take place on April 25, 2013, at a location in the team’s city.* The winner will be provided a certificate describing the Draft Day Watch Party along with the necessary information to obtain the VIP credentials. (Total retail value $200)

(d) Fourth Prize. (Single Game Tickets) Upon the Florida Lottery’s receipt of a fourth prize winner’s required documentation, the Lottery will award a prize of two team single game tickets to a 2013 home football game (lower 100 level).* The winner will be provided a certificate with the necessary information to obtain the football tickets from the fulfillment entity. (Total retail value $170)

(e) Fifth Prize. (Team Merchandise) Upon confirmation of a fifth prize winner’s mailing address, the Florida Lottery will mail two team hats and two t-shirts.* (Total retail value $80)

*The team prizes awarded will correspond to the professional football team experience drawing in which the winner’s entry was selected. For example, Jacksonville Jaguars team hats and t-shirts will be awarded to a fifth prize winner in a Jaguars FANTASY 5 Football Draft Day Experience Drawing.

(9) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the 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. A nonresident alien claimant who is selected as a winner of a prize for which tax withholding is not paid by the Florida Lottery 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) If the winner of the grand prize in a 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 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, if any.

(11) No cash option is available in lieu of the non-cash prizes.

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

(13) All prizes are subject to the provisions of Chapter 24, Florida Statutes, 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.

(14) 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.

(15) By entering the FANTASY 5® Football Draft Day Experience Promotion, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to the fulfillment entity for prize fulfillment purposes.

(16) A player entering the FANTASY 5® Football Draft Day Experience Promotion 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.

(17) The FANTASY 5® Football Draft Day Experience Promotion 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 2-22-13.               

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: February 22, 2013