Power Cruise™ Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER17-6Power Cruise™ Promotion

SUMMARY: This emergency rule describes the Power Cruise™ Promotion in which players who purchase a POWERBALL® ticket will have the chance to win a cruise package.

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:

53ER17-6 Power Cruise™ Promotion.

(1) Beginning February 5, 2017, through April 10, 2017, the Florida Lottery will conduct the Power Cruise™ Promotion (“Promotion”). Players who purchase a POWERBALL® ticket of any price point can scan the barcode on their tickets using a smartphone or tablet, or can manually enter the ticket number through the Florida Lottery’s website to collect symbols and earn entries into a drawing for a chance to win a cruise package for two persons. Both winning and non-winning POWERBALL tickets may be used to enter the Promotion. Only POWERBALL tickets purchased during the promotion period may be used to enter the Promotion including POWERBALL tickets associated with JACKPOT COMBO.

(2) How to Participate.

(a) Power Cruise Collect ‘N Win App Download and Registration. A player may participate in Promotion by downloading the free Power Cruise Collect ‘N Win app at the iTunes® Store or at Google Play®. For easy access to the app, a QR code will be printed below the barcode on POWERBALL tickets during the Promotion period for the player to scan with a camera on a smartphone or tablet. A QR code will also appear on Power Cruise Promotion point-of-sale materials displayed at Florida Lottery retailers. POWERBALL tickets associated with JACKPOT COMBO will not contain a QR code or entry instructions. After the app is downloaded and opened, the   “Welcome” page will be displayed from which the player can select the “Register” or “Login” tab.     

(b) Players must register their contact information one time upon first usage. A player will be sent an email directing the player to confirm his or her registration. The player should check the junk mail or spam folder if he or she does not promptly receive an email confirmation. Thereafter, the player may directly login by first selecting “Florida” from the drop down menu of participating lotteries and entering his or her email address and password.   

(c) Web Browser. A player may participate in the Promotion via web browser by visiting the Florida Lottery’s homepage, flalottery.com, clicking on the Power Cruise Promotion banner and following the directions, or by going directly to flalottery.com/powercruise and clicking on the “Enter Drawings” tab to reach the Login page to register and/or login as described in paragraph (2)(b), above.

(d) Regardless of whether a player chooses to participate in the Promotion by smartphone, tablet or web browser the following provisions shall apply:

1. the player may use the same account login information to enter tickets;

2. the player will only be required to register one time; and

3. the player’s entry history will be cumulative among the entry platforms.

(3) How to Earn Entries.

To collect play symbols and earn entries into a drawing, a player may scan the barcode on the bottom of a POWERBALL ticket using a camera on a smartphone or tablet, or a player may manually enter the 19-digit ticket number (located near the bottom of the ticket) on the entry page at flalottery.com/powercruise. Three game cards will appear on the screen. Each game card contains six spots to collect five symbols. One spot on each card is a “free” spot.  Each ticket number entered will randomly generate a quantity (2, 4, 6, 8, or 10) of the five play symbols and place them in an available game card. Once a symbol has been collected on all three play cards, the symbol will be eliminated from the random selection process. When a single game card is filled up with all five different symbols and free space, an entry is generated into the next available drawing and the game card is reset to capture more symbols towards the next entry. Partially completed cards will carry over to the next entry period.  A player may earn multiple entries during the contest period; however, a player may only manually enter or scan up to two hundred tickets per day. Each ticket number can only be scanned or entered one time. Entries that include training tickets that were produced by a retailer terminal while in training mode or tickets with invalid ticket numbers will be disqualified from the applicable drawing or drawings. The odds of winning depend on the number of entries in each drawing. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. POWERBALL tickets should not be mailed to the Lottery. Tickets received in the mail by the Florida Lottery will not be entered into the Promotion and will not be returned.

(4) Drawings and Number of Prizes. The Florida Lottery will conduct four drawings between March 1, 2017, and April 12, 2017, and winners will be selected from entries received before midnight ET on the last day of the entry period for each drawing. Entries will be good for one drawing only. Winners will be randomly selected using a certified random number generation process. The drawing dates and entry periods are as follows:

Drawing	Drawing Date	Entry Period
1	March 1, 2017	February 5, 2017 – February 27, 2017
2	March 15, 2017	February 28, 2017 – March 13, 2017
3	March 29, 2017	March 14, 2017 – March 27, 2017
4	April 12, 2017	March 28, 2017 –April 10, 2017

(a) In each of the first three drawings, the Florida Lottery will draw a total of seventy-five entries. The first thirteen valid entries drawn will each win a Balcony Stateroom Cruise Package prize. The fourteenth through nineteenth valid entries drawn will each win an Ocean View Stateroom Cruise Package prize. The twentieth through twenty-fifth valid entries drawn will each win an Interior Stateroom Cruise Package prize. The remaining valid entries drawn will be used as alternates in the order in which they were drawn and in the order of need to select a prizewinner in the event a prize cannot be awarded. A total of twenty-five prizes will be available in each drawing.

(b) In the fourth drawing, the Florida Lottery will draw a total of seventy-five entries. The first twelve valid entries drawn will each win a Balcony Stateroom Cruise Package prize. The thirteenth through eighteenth valid entries drawn will each win an Ocean View Stateroom Cruise Package prize. The nineteenth through twenty-fifth valid entries drawn will each win an Interior Stateroom Cruise Package prize. The remaining valid entries drawn will be used as alternates in the order in which they were drawn and in the order of need to select a prizewinner in the event a prize cannot be awarded. A total of twenty-five prizes will be available in the fourth drawing.

       (c) The following table summarizes, by type of stateroom cruise package, the number of prizes in each drawing:

Drawing	Number of Balcony Staterooms	Number of Ocean View Staterooms	Number of Interior Staterooms	Total
1	13	6	6	25
2	13	6	6	25
3	13	6	6	25
4	12	6	7	25

(5) Winner Notification. The Florida Lottery will attempt to notify each prizewinner by telephone or email 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. If the Florida Lottery is unable to have personal contact with a prizewinner within one week of the date the winners 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 the first available alternate winner from the pool of alternates described above. If the Florida Lottery is unable to have personal contact with the first alternate winner within one week of notification of the award of prize, the first 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 process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of alternates. Attempts to contact alternate winners will not be made after November 17, 2017.  If the Lottery is unable to contact an alternate, the prize will not be awarded. 

(6) How to Claim a Prize. To claim a cruise package prize in a Power Cruise drawing, the winner must submit to the Florida Lottery 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. A prizewinner must also submit a completed Release and Authorization form DOL-474, revised 8/13, or Spanish Florida Lottery Release and Authorization Form DOL-474S, revised 8/13. 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, flalottery.com, or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required documents must be received by the Florida Lottery no later than two weeks 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 documents from a prizewinner by the fourteenth 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 subsections (4) and (5), above.  A prizewinner in this Promotion is not required to submit the POWERBALL tickets he or she scanned or manually entered to generate an entry in order to claim a prize.

(7) Award of Prizes.

(a) Upon receipt of a prizewinner’s required documentation, the Florida Lottery will award a prize of a 5-night Caribbean Cruise Package for two persons (“Cruise Package”).  The Florida Lottery will provide the winner a certificate describing the prize and containing the name and contact information for the winner to contact to make reservations and obtain all necessary information to fulfill the cruise. A Cruise Package consists of the following:

1. 5-night Caribbean cruise for two persons in a balcony, ocean view, or interior view stateroom (depending on the prize awarded) aboard the Royal Caribbean® Brilliance of the Seas® departing from Tampa, Florida, January 15, 2018, and returning January 20, 2018; 

2. Deluxe hotel accommodations for two persons at a hotel in Tampa, Florida the night prior to cruise departure:  

3. $800 cash for travel expenses to Tampa, Florida:

4. $250 ship credit to be applied to the winner’s ship account and utilized for items such as beverage service, shore excursions and other incidental expenditures;

5. A chance to win a $500 cash prize and a $50,000 cash prize in two Cash Events; 

6. Admittance to special event concerts held in conjunction with the cruise; and

7. Payment of federal income tax withholding on the total retail value of the Cruise Package elements described in subparagraphs 1. through 6., above.

The Florida Lottery will pay applicable federal income tax withholding on the retail value of the prize. The reportable taxable value of the prize includes the value of the prize plus the value of the federal income tax withholding paid by the Lottery. The retail value of the prize and the reportable taxable value of the prize for a U.S. citizen are as follows:

Cruise Package Prize Level	Retail Value of Cruise Package	Reportable Taxable Value of Cruise Package
Balcony Stateroom	$4,344	$5,792.00
Ocean View Stateroom	$3,964	$5,285.33
Interior Stateroom	$3,869	$5,158.67

(b) A Cruise Package does not include insurance, parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party or those purchased with the ship’s credit), expenditures for excursions, ATM fees, supplemental gratuities, premium dining experiences, any items not expressly specified and personal expenses such as telephone calls, valet service, room service, laundry, incidentals and the like.  A personal credit card will be required upon ship check-in for payment of any additional onboard spending above the $250 ship credit. Ship credit is non-refundable and must be used during the cruise.

(c) At the request of a prizewinner and with the approval of the Lottery, the winner may appoint a proxy to take the cruise.  A Proxy Appointment and Acknowledgement form DOL-491-B, Effective 2/17, should be completed by the appropriate parties prior to travel arrangements being made.  Form DOL-491-B is hereby incorporated by reference and can be obtained from any Lottery office, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016. If such request is made prior to the booking deadline (December 16, 2017) no additional cost will be accessed to the winner. If such request is made after the booking deadline and a charge is imposed for changing arrangements, the prizewinner will be responsible for paying all additional charges imposed.  In the event a proxy is appointed, the original winner shall receive the $800 cash prize, and the entire value of the prize shall remain taxable income to the original prizewinner.

(d) If a prizewinner claims the prize with the Florida Lottery but fails to book the cruise with the fulfillment company, Alchemy 3, LLC (“Alchemy”), by December 16, 2017, the Cruise Package shall be forfeited with the exception of the $800 cash. The cash will be mailed to the prizewinner immediately after the booking timeframe has passed and the entire value of the prize will remain taxable to the winner.

(e) A prizewinner who does not elect to take a guest or whose guest does not take the cruise will be subject to reporting and withholding taxes on the entire value of the Cruise Package. 

(f) A prizewinner must be at least 18 years of age and is solely responsible for the actions of the guest who accompanies the prizewinner on the cruise.

(g) The prizewinner or prizewinner’s guest must have a valid credit card or will be required to post a cash deposit for incidentals to check into the hotel. If the prizewinner fails to check into the hotel the night before cruise departure, the prizewinner will forfeit the hotel portion of the Cruise Package, and the entire value of the Cruise Package prize will remain taxable to the winner.

(h) If the prizewinner fails to show at the designated time of departure, the cruise portion of the Cruise Package will be forfeited with the exception of the $800 cash, and the entire value of the cruise package prize will remain taxable to the winner.

(8) State-Owed Debt. Prizewinners will be analyzed for state-owed debt.  If a prizewinner 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 of a prizewinner 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 debt is an amount greater than the cash portion of the prize, the prizewinner’s entire cash portion of the prize will be applied toward the outstanding debt and the winner will receive the remaining non-cash portion of the prize. 

(9) Payment of Cash Portion of Cruise Package Prize. If the prizewinner does not have outstanding state-owed debt as described in subsection (8), above, Alchemy will mail the prizewinner the $800 cash in the form of a check within fifteen days of notification from the Florida Lottery.  If the prizewinner is identified as owing state-owed debt, the Florida Lottery will deduct the debt in accordance with section 24.115, Florida Statutes, and the Florida Lottery will promptly mail the remainder of the cash, if any.

(10) Power Cruise Cash Events.

(a) All prizewinners, including prizewinners from other Lotteries, will have a chance to win a $500 cash prize and a $50,000 cash prize on board the cruise in the Cash Events. A total of two hundred $500 cash prizes will be awarded. On the final evening of the cruise, an additional $50,000 cash prize will be awarded from all prizewinners. A prizewinner can win in both Cash Events. Regardless of whether the prizewinner forfeits the trip portion of the prize or appoints a proxy, the prizewinner will be awarded any cash won in the Cash Events.

(b) $500 cash prizes will be distributed onboard the ship in the form of an American Express pre-paid gift card.

(c) If the $50,000 prizewinner is a Florida Cruise Package winner, the prizewinner will be analyzed a second time for state-owed debt.

i. If the prizewinner is liable for state-owed debt, the debt will be collected in accordance with section 24.115, Florida Statutes, and the Florida Lottery will mail the prizewinner the remainder of the cash, if any, less applicable tax withholding.  Payment will be in the form of a check and the Florida Lottery will issue the applicable tax forms to the prizewinner.

ii. If the prizewinner does not have outstanding state-owed debt, the $50,000 prize, less applicable tax withholding, will be paid by Alchemy in the form of a check and mailed to the prizewinner within fifteen days of the end of the cruise. Alchemy will remit taxes on behalf of the prizewinner and issue the applicable tax forms to the prizewinner.

(d) Cash Event Drawings will be conducted by Alchemy in early January, 2018, prior to the cruise, using a certified random number generation process. Drawings will be witnessed by an independent auditor employed by an independent certified public accounting firm. Cash Event winners will be announced onboard the ship.

(11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on Cruise Package prizes will be the responsibility of the winner.

(12) Other Restrictions and Provisions.

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

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

(c) 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.

(d) Persons prohibited by Section 24.116, Florida Statutes, from purchasing a Florida Lottery ticket are not eligible to play.

(e) A player entering a Power Cruise 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.

(f) Power Cruise 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.

Rulemaking Authority 24.105(9), 24.109(1), FS.  Law Implemented 24.105(9), 24.115(1), FS.  History – New- 2-2-17.

 

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: 2-2-17.