Guy Harvey® Sportsman's Paradise Second Chance Promotion.

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER12-33: Guy Harvey® Sportsman's Paradise Second Chance Promotion.

SUMMARY: The Department of the Lottery will conduct a Guy Harvey® Sportsman’s Paradise Second Chance Promotion from April 3, 2012, through June 26, 2012, in which 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 32301

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER12-33 Guy Harvey® Sportsman’s Paradise Second Chance Promotion.

(1) Beginning April 3, 2012, and continuing through June 26, 2012, the Florida Lottery (or “Lottery”) will conduct the Guy Harvey® Sportsman’s Paradise Second Chance Promotion in which players can enter their non-winning Florida Lottery GUY HARVEY® Scratch-Off tickets (or “GUY HARVEY® Scratch-Off tickets”) on the Florida Lottery website for a chance to win one (1) of four (4) sport fishing trip packages for two (2) persons plus $2,000 cash, original Guy Harvey® artwork plus $500 cash, or a $200 gift certificate to GuyHarveySportswear.com. Winning GUY HARVEY® Scratch-Off tickets cannot be used for entry in the second chance promotion.

(2) To enter a non-winning GUY HARVEY® Scratch-Off ticket in one of the second chance drawings further described in subsection (4) below, players must enter on the Florida Lottery’s website at www.flalottery.com. On the home page of the Lottery’s website, players can click on the Guy Harvey® 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 at the bottom on the front of a GUY HARVEY® Scratch-Off ticket under the latex covering. Players are to scratch off the latex covering to reveal the number and enter the last 20-digits of the ticket serial number in the designated ticket entry area on the website.

(3) Players may enter as many times as they wish during the contest period; however, each valid ticket number may only be used one (1) time, for one (1) entry in one (1) 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 received.

(4) Drawings.

(a) Four (4) drawings will be held during the period of April 25, 2012, through June 27, 2012, from entries received by midnight the night before each drawing. The drawing dates are:

 

Drawing	Drawing Date	From Entries Received
1	Wednesday, April 25, 2012	April 3, 2012 April 24, 2012
2	Wednesday, May 16, 2012	April 25, 2012 May 15, 2012
3	Wednesday, June 6, 2012	May 16, 2012 June 5, 2012
4	Wednesday, June 27, 2012	June 6, 2012 June 26, 2012

 

(b) In each of the four (4) second chance drawings, one (1) grand prize winner will win a sport fishing trip for two (2) persons plus $2,000 cash, one (1) second prize winner will win original Guy Harvey® artwork plus $500 cash, and ten (10) third prize winners will win a $200 gift certificate to GuyHarveySportswear.com. A total of four (4) grand prizes, four (4) second prizes and forty (40) third prizes will be awarded in the second chance drawings.

(c) The first valid entry drawn in each drawing will win a grand prize, the second valid entry drawn will win a second prize, and the third through twelfth entries drawn will win a third prize. The second through twelfth valid entries will be used in the order in which they were drawn and as needed to select an alternate grand prize winner and/or alternate second prize winner in the event the grand prize or second prize cannot be awarded.

(d) The Florida Lottery will attempt to notify each winner by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a grand prize winner or second prize winner 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 winner. The second prize winner will become the alternate winner of the grand prize only if the Lottery has successfully contacted the second prize winner concerning the second prize within the three (3) week notification period. If the Lottery has not had contact with the second prize winner within the three (3) week period, the first alternate for the grand prize will be the third valid entry drawn in the drawing.

(e) If the Florida Lottery is unable to contact the alternate winner within three (3) weeks, 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 and the prize is claimed in accordance with paragraph (4)(f) below, or the Florida Lottery has exhausted the list of available alternates. If the Lottery is unable to contact an alternate, the grand prize or second prize will not be awarded. An alternate winner who has not claimed or been mailed the original prize at the time of notification will be awarded only the higher prize. An alternate winner who has claimed or been mailed the original prize at the time of notification may retain the original prize; however, if the alternate winner originally won a second prize, the winner will receive only the merchandise portion of the grand prize and the difference in cash between the second and grand prizes.

(f) All entries in the second chance drawings are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a grand or second prize in a second chance drawing, the player must submit to the Florida Lottery the original valid non-winning GUY HARVEY® Scratch-Off 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, appropriate identification and 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, within seven (7) days of notification by the Florida Lottery that they are a winner. If a winner does not return the required forms within seven (7) days of 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 above. 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. Third prize winners are not required to submit the non-winning GUY HARVEY® Scratch-Off ticket bearing the entry number selected in the drawing or a claim form in order to claim the prize.

(5) Award of Grand Prizes. Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Lottery will award a Sportsman’s Paradise Sport Fishing Trip Package and $2,000. The Florida Lottery will mail a grand prize winner a check for the cash portion of the prize along with a certificate describing the sport fishing trip package won and information necessary for the prizewinner to make reservations to fulfill the trip. Sportsman’s Paradise Sport Fishing Trip destinations are: St. Petersburg, Florida; Duck Key, Florida; Rum Cay, Bahamas; and Grand Cayman Island.

(a) Drawing 1 – St. Petersburg, Florida Sport Fishing Package. Package will include: round trip airfare for two (2) persons from anywhere in the continental United States to Tampa, Florida; four (4) day/three (3) nights’ luxury suite accommodations for two (2) persons at Guy Harvey® Outpost- a TradeWinds Beach Resort (room, room tax and resort fee only) or equivalent; ground transportation between airport and hotel; one (1) full-day offshore fishing trip for two (2) persons; daily lunch and dinner for two (2) persons at Piper’s Patio or Bermuda’s Steak and Seafood (alcoholic beverages not included); and a $500 gift certificate to Guy Harvey® TradeWinds Outpost gift shop. (Estimated retail value including the cash portion of the prize- $7,060).

(b) Drawing 2 – Duck Key, Florida Sport Fishing Package. Package will include: a mid-size rental car for four (4) days (pickup and drop-off in Miami) with unlimited mileage; four (4) day/three (3) nights’ deluxe accommodations for two (2) persons at Hawk’s Cay Resort and Marina (room, room tax and resort fees only) or equivalent; one (1) full-day offshore fishing trip for two (2) persons; daily lunch and dinner for two (2) person at Alma at Hawk’s Cay (alcoholic beverages not included); and a $500 gift certificate to GuyHarveySportswear.com. (Estimated retail value including the cash portion of the prize- $7,600)

(c) Drawing 3 – Rum Cay, Bahamas Sport Fishing Package. Package will include: round trip airfare for two (2) persons from Miami, Florida to Rum Cay, Bahamas, four (4) day/three (3) nights’ deluxe accommodations for two (2) persons at Rum Cay Outpost Resort and Marina (room, room tax and resort fees only) or equivalent; ground transportation between airport and hotel; one (1) full-day offshore fishing trip for two (2) persons; daily lunch and dinner for two (2) persons at Out of the Blue Bar and Grill (alcoholic beverages not included); and a $500 gift certificate to GuyHarverySportswear.com. (Estimated retail value including the cash portion of the prize- $7,500).

(d) Drawing 4 – Grand Cayman Island Sport Fishing Package. Package will include: round trip airfare for two (2) persons from Miami, Florida to Grand Cayman; four (4) day/three (3) nights’ deluxe accommodations for two (2) persons at Westin Casuarina Resort and Spa (room, room tax and resort fees only) or equivalent; ground transportation between airport and hotel; one (1) full-day offshore fishing trip for two (2) persons with Guy Harvey; trip for two (2) persons to Stingray City; daily lunch and dinner for two (2) at Guy Harvey’s Island Grill (alcoholic beverages not included); and a $1,000 gift certificate to Guy Harvey’s Gallery and Shoppe. (Estimated retail value including the cash portion of the prize- $9,600).

Each Sportsman’s Paradise Sport Fishing Trip Package must be booked within one (1) year after it has been claimed. Reservations are subject to availability. A grand prize winner or the winner’s guest must be 21 years of age to rent a car and to check in to the hotel. Minors must be accompanied by an adult on fishing trip. A grand prize does not include travel (except as specified above), mileage (except as specified above), meals (except as specified above), parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), any items not expressly specified, incidentals, tips, and personal expenses such as telephone calls, valet service or laundry, etc., as well as revision or cancellation fees that may be charged by the hotel or other suppliers. A grand prize winner may transfer the non-cash portion of the prize to another person; however, the value of the prize will remain taxable income to the winner. No monetary compensation will be given to the winner in lieu of airfare if air travel from the winner’s city of residence is not required. In such case, the value of the prize for tax reporting will be reduced by the estimated value of the airfare.

(6) Award of Second Prizes. Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award a framed original Guy Harvey® 26” x 30” watercolor painting in accordance with the table below and $500.

 

Drawing	Title of Guy Harvey® Original Painting
1	Sail On Teaser
2	Yellowfin Tuna
3	Three Stripers with Baitball
4	Grand Slam

 

The Florida Lottery will mail a second prize winner a check for the cash portion of the prize along with a certificate describing the painting and the method of delivery. (Estimated retail value including the cash portion of the prize – $5,000).

(7) Award of Third Prizes. Third prizes of a $200 gift certificate to GuyHarveySportswear.com will be mailed by the Florida Lottery to the winner’s address within approximately ten (10) business days after the drawing. If any prize is returned as unclaimed or undeliverable and the Florida Lottery is unable to locate the winner after a reasonable attempt to do so, the prize will not be awarded.

(8) The prizewinners in each second chance drawing will be posted on www.flalottery.com, on the day of the drawing.

(9) 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.

(10) The Florida Lottery will pay applicable Federal income tax withholding on the retail value of the Grand and Second prizes. The reportable taxable value of each prize includes the retail value of the prize and the value of the federal income tax withholding paid by the Lottery. The reportable taxable value of the Grand and Second prizes for a U.S. citizen is as follows:

 

Prize	Reportable Taxable Value
Grand Prize- St. Petersburg, Florida Sport Fishing Package Plus $2,000 Cash	$9,413.33
Grand Prize- Duck Key, Florida Sport Fishing Package Plus $2,000 Cash	$10,133.33
Grand Prize- Rum Cay, Bahamas Sport Fishing Package Plus $2,000 Cash	$10,000.00
Grand Prize- Grand Cayman Island Sport Fishing Package Plus $2,000 Cash	$12,800.00
Second Prize- Original Guy Harvey® Artwork Plus $500 Cash	$6,666.67

 

(11) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the prizes won in the Guy Harvey® Sportsman’s Paradise Second Chance Promotion are the responsibility of the winner.

(12) No cash option is available in lieu of non-cash Guy Harvey® Sportsman’s Paradise Second Chance Promotion prizes.

(13) If the winner of a Grand prize or a Second prize in a Guy Harvey® 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, if any.

(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 Guy Harvey® Sportsman’s Paradise Second Chance Promotion, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to the Lottery’s fulfillment company for prize fulfillment purposes.

(16) By entering the Guy Harvey® Sportsman’s Paradise 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.

(17) Guy Harvey® 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 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 3-30-12.

 

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: March 30, 2012