Changes in Latitudes, Changes in Attitudes Second Chance Promotion

Notice of Emergency Rule

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER14-26Changes in Latitudes, Changes in Attitudes Second Chance Promotion
SUMMARY: The Department of the Lottery will conduct the Changes in Latitudes, Changes in Attitudes Second Chance Promotion from April 8, 2014, through June 30, 2014, 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:

 

53ER14-26 Changes in Latitudes, Changes in Attitudes Second Chance Promotion.

(1) Beginning April 8, 2014, and continuing through June 30, 2014, the Florida Lottery (or “Lottery”) will conduct the Changes in Latitudes, Changes in Attitudes Second Chance Promotion (or “Promotion”) in which players can enter their non-winning Florida Lottery ESCAPE TO MARGARITAVILLE® Scratch-Off tickets (or “ESCAPE TO MARGARITAVILLE® Scratch-Off tickets”) on the Florida Lottery website for a chance to win a vacation trip package, a concert experience or a Margaritaville® prize pack. Winning ESCAPE TO MARGARITAVILLE® Scratch-Off tickets cannot be used for entry into the second chance promotion.

(2) How to Enter. To enter a non-winning ESCAPE TO MARGARITAVILLE® Scratch-Off ticket into one of the second chance drawings further described in subsection (3) 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 Changes in Latitudes, Changes in Attitudes Second Chance Promotion banner and follow the “Ticket Entry” directions. Players will be prompted to log-in or register. The 24-digit ticket number (4-digit game number and 20-digit ticket number) is located at the bottom on the front of an ESCAPE TO MARGARITAVILLE® 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 number in the designated area. 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 one 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. The odds of winning depend on the number of entries submitted.

(3) Drawings. Four second chance drawings will be held between April 30, 2014, and July 2, 2014, from entries submitted 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 from entries submitted during the entry periods shown below.

 

Drawing	Drawing Date	Entry Period
1	Wednesday, April 30, 2014	April 8, 2014 – April 28, 2014
2	Wednesday, May 21, 2014	April 29, 2014 - May 19, 2014
3	Wednesday, June 11, 2014	May 20, 2014 - June 9, 2014
4	Wednesday, July 2, 2014	June 10, 2014 - June 30, 2014

(4) Prizes. In each of the four drawings, prizes will be awarded in accordance with the table below.

 

Prize Level	Prize Description	Winners Per Drawing
Grand Prize	Escape to Margaritaville® trip package, St. Thomas, US Virgin Islands	1
Second Prize	Emerald Coast Escape trip package, Pensacola, FL	1
Third Prize	FIN City Concert Experience trip package, Las Vegas, NV	2
Fourth Prize	Margaritaville® Prize Pack	1,080
Total Prizes per Drawing		1,084
A grand total of 4,336 prizes will be awarded in the Promotion.

In each drawing, the first valid entry drawn will win the grand prize, the second valid entry drawn will win the second prize, the third and fourth valid entries drawn will each win a third prize and the fifth through the one thousand eighty-fourth valid entries drawn will each win a fourth prize. The fifth through the fourteenth valid entries will be used in the order in which they are drawn and in the order of need to select an alternate grand, second, or third prize winner in the event a grand, second, or third prize cannot be awarded. Alternate winners will not be selected for fourth prizes.

(5) Notification.

(a) 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 twenty-four hours after the winners are posted on the website.

(b) If the Florida Lottery is unable to have personal contact  with a grand prize winner, second prize winner or third prize winner within two 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 the first alternate winner. If the Florida Lottery is unable to contact the first alternate winner within two 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 or the Florida Lottery has exhausted the list of available alternates. If the Lottery is unable to contact an alternate, the prize will not be awarded. An alternate winner who has been awarded a fourth prize at the time of notification that he or she is the alternate winner of a higher prize, may keep the fourth prize in addition to the higher prize.

(c) If the Florida Lottery is unable to have personal contact a fourth prize winner within two weeks of the date of the drawing to confirm the winner’s mailing address, the winner will forfeit his or her right to claim the prize and the prize will not be awarded. A fourth prize winner who forfeits his or her right to claim a fourth prize will also forfeit his or her right to serve as an alternate for a grand, second or third prize.

(d) 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.

(6) How to Claim a Prize.

(a) To claim a grand, second or third prize in a Changes in Latitudes, Changes in Attitudes second chance drawing, the winner must submit to the Florida Lottery the original valid non-winning ESCAPE TO MARGARITAVILLE® Scratch-Off ticket bearing the entry number selected in the drawing, completed Winner Claim Form DOL-173-2, revised 09/13, or Spanish Winner Claim Form DOL-173-2S, revised 09/13, a copy of acceptable identification as listed on www.flalottery.com, and a notarized Florida Lottery Release and Authorization Form DOL-474, revised 5/13, or Spanish Florida Lottery Release and Authorization Form DOL-474S, revised 5/13. 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. 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 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 in accordance with subsection (4) and paragraph (5)(b), above.

(b) Fourth prize winners are not required to submit the original non-winning Scratch-Off ticket or the documentation listed in paragraph (6)(a) in order to claim the Margaritaville® prize pack. However, fourth prize winners who become alternate winners of a grand, second, or third prize will be required to submit the original non-winning ESCAPE TO MARGARITAVILLE® Scratch-Off ticket and other required documents in order to claim the higher prize. Therefore, fourth prize winners should retain the original non-winning ESCAPE TO MARGARITAVILLE® Scratch-Off ticket until notified by the Florida Lottery that the grand, second and third prizes have been fulfilled.

(7) Award of Grand Prizes.

(a) Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Lottery will award an Escape to Margaritaville® Trip Package. The Florida Lottery will provide a certificate describing the trip package won and information necessary for the winner to make reservations or arrangements with the fulfillment company, Scientific Games International (“SGI”), to fulfill the trip. The grand prize winner shall have two years from the opening date of the resort (expected to open February 2015) to take the trip. The winner may schedule the trip beginning August 1, 2014. If construction is not complete by June 2015, the winner will receive a trip to a comparable resort destination. A grand prize consists of the following:

1. Eight day/seven night double occupancy accommodations in a studio or studio deluxe MargaritaVilla™ (studio and studio tax only) at the Margaritaville® Wyndham Resort in St. Thomas, US Virgin Islands (porter fees and cleaning staff gratuities are included);

2. First Class roundtrip airfare for two persons between a US airport and Cyril E. King International Airport in St. Thomas, US Virgin Islands (includes associated security fees, taxes and surcharges);

3. Roundtrip ground transfers between Cyril E. King International Airport and the Margaritaville® resort in St. Thomas, US Virgin Islands;

4. One Margaritaville® beach bag containing: two pairs of Margaritaville® sunglasses; two pairs of Margaritaville® flip flops; two Margaritaville® beach towels; and two Parrothead™ sun care products;

5. One Margaritaville® blender (Explorer cordless edition);

6. $1,000 Margaritaville® gift card; and

7. $2,000 in cash.

The value of the grand prize, including the cash portion and payment of Federal tax withholding by SGI, is $22,316.67. The actual value of the grand prize may vary depending on the cost of airfare and hotel at the time the trip is booked by the winner. If the actual value of the grand prize is less than $22,316.67, SGI will pay to the grand prize winner in cash the difference between the actual value of the grand prize and $22,136.67. The prize winner shall receive an IRS Form W-2G from SGI.

(b) Roundtrip airfare shall be booked, based on availability, on a major airline as defined by the Federal Aviation Administration.

(c) The $2,000 cash portion of the grand prize will be mailed by SGI to the winner approximately two weeks prior to trip departure.

(d) The $1,000 Margaritaville® gift card and Margaritaville® beach bag will be provided to winner upon arrival at hotel.

(e) The trip package does not include: mileage, insurance, gratuities (other than those gratuities specified above), meals, parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), personal expenses such as telephone calls, valet service, laundry, incidentals and the like, revision, rebooking or cancellation fees which may be charged by the airline, hotel or other suppliers.

(f) The trip package is not transferable or assignable without the express written consent of the Lottery. If a grand prize winner advises the Lottery in advance that he or she is unable to take the grand prize trip due to unforeseen and reasonable circumstances, the winner will receive the $2,000 cash portion of the grand prize and may transfer the travel portion of the grand prize trip to another person; however, the entire value of the prize will remain taxable income to the winner.

(g) If a grand prize winner is traveling via air and fails to appear at the designated time and place of departure, the airfare portion of the prize shall be forfeited and the winner shall be responsible for making alternative arrangements to travel to St. Thomas at his or her own expense.

(h) Unless prior alternative arrangements have been made, if a grand prize winner fails to check in to the resort when he or she arrives in St. Thomas, the hotel portion of the prize shall be forfeited.

(i) If any portion of the grand prize forfeited by a winner under the scenarios described in paragraphs (7)(g) and (h) above cannot be canceled with a full refund, those portion(s) shall remain taxable income to the winner.

(j) The grand prize winner, designee, or guest must have a valid credit card or shall be required to post a cash deposit for incidentals to check into the resort.

(k) The minimum age requirement to check into a Margaritaville® hotel property is 21 years of age; therefore the grand prize winner or the grand prize winner’s guest must be 21 years of age.

(l) The grand prize winner is solely responsible for the actions of the guest who accompanies the winner on the trip. If a winner’s guest is a minor, the winner must be the parent or legal guardian of such guest, or present to SGI prior to booking the guest’s reservations, a notarized, written consent from the minor’s parent or legal guardian for the minor guest to accompany the grand prize winner on the trip.

(8) Award of Second Prizes.

(a) Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award an Emerald Coast Escape trip package. The Florida Lottery will provide the winner a certificate describing the prize package won and information necessary for the winner to make reservations to fulfill the hotel portion of the prize package. A second prize consists of the following:

1. Five day/four night accommodations for two in a double occupancy, gulf view room at Margaritaville® Beach Hotel, Pensacola, FL (room and room tax only);

2. Travel allowance of $1,000;

3. One Margaritaville® beach bag containing: two pairs of Margaritaville® sunglasses; two pairs of Margaritaville® flip flops; two Margaritaville® beach towels; two Parrothead™ sun care products;

4. One Margaritaville® blender (Explorer cordless edition);

5. $500 Margaritaville® gift card; and

6. $500 cash.

The value of the second prize, including the cash portion and payment of Federal tax withholding by SGI, is $5,533.33. The actual value of the second prize may vary depending on the cost of the hotel at the time the trip is booked by the winner. If the actual value of the second prize is less than $5,533.33, SGI will pay to the second prize winner in cash the difference between the actual value of the second prize and $5,533.33. The prize winner shall receive an IRS Form W-2G from SGI.

(b) A second prize winner shall have two years from the date the winner claims the prize to take the Emerald Coast Escape trip.

(c) The $500 cash and $1,000 travel allowance will be mailed by SGI to the second prize winner approximately two weeks prior to trip departure.

(d) The $500 Margaritaville® gift card and Margaritaville® beach bag will be provided to the second prize winner upon arrival at the hotel.

(e) A second prize does not include: mileage, insurance, gratuities, meals, parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), personal expenses such as telephone calls, valet service, laundry, incidentals and the like, revision, rebooking or cancellation fees which may be charged by the hotel or other suppliers.

(f) A second prize is not transferable or assignable without the express written consent of the Lottery. If a second prize winner advises the Lottery in advance that he or she is unable to take the trip portion of the prize due to unforeseen and reasonable circumstances, the winner will receive the $500 cash portion of the prize and may transfer the trip portion of the second prize to another person; however, the value of entire prize will remain taxable income to the winner.

(g) Unless prior alternative arrangements have been made, if a second prize winner fails to check in to the hotel when he or she arrives in Pensacola, the balance of his or her second prize shall be forfeited.

(h) If the hotel portion of a prize forfeited by a winner under the scenario described in paragraph (8) (g) above cannot be canceled with a full refund, the entire value of the trip shall remain taxable income to the winner.

(i) The second prize winner, designee or guest must have a valid credit card or shall be required to post a cash deposit for incidentals to check into the hotel.

(j) The minimum age requirement to check into a Margaritaville® hotel property is 21 years of age; therefore the second prize winner or the winner’s guest must be 21 years of age.

(k) A second prize winner is solely responsible for the actions of the guest who accompanies the winner on the trip. If a second prize winner’s guest is a minor, the winner must be the parent or legal guardian of such guest, or present to SGI prior to booking the guest’s reservations, a notarized, written consent from the minor’s parent or legal guardian for the minor guest to accompany the second prize winner on the trip.

(9) Award of Third Prizes.

(a) Upon the Florida Lottery’s receipt of a third prize winner’s required documentation, the Lottery will award a FIN City Concert Experience trip package. The Florida Lottery will provide a certificate describing the prize package won and information necessary for the winner to make reservations to fulfill the prize package. The anticipated date of the concert is October 18th or October 25, 2014. The trip package must be booked by September 18, 2014. A third prize consists of the following:

1. Three day/two night accommodations for two in one deluxe room at a hotel in Las Vegas, Nevada (double occupancy, room and room tax only);

2. Roundtrip airfare (coach) for two from a U.S. airport to McCarran International Airport, Las Vegas, Nevada (includes all associated security fees, taxes and surcharges);

3. All ground transfers between McCarran International Airport and the destination hotel;

4. Two top tier tickets to see Jimmy Buffett and the Coral Reefer Band at the MGM Grand;

5. Two passes to pre-show hospitality;

6. Food and beverage passes for two at the Margaritaville® Street Party;

7. $250 Margaritaville® gift card; and

8. $250 cash.

The value of the third prize, including the cash portion and payment of Federal tax withholding by SGI, is $6,466.67. The actual value of the third prize may vary depending on the cost of airfare and hotel at the time the trip is booked by the winner. If the actual value of the third prize is less than $6,466.67, SGI will pay to the third prize winner in cash the difference between the actual value of the third prize and $6,466.67. The prize winner shall receive an IRS Form W-2G from SGI.

(b) Roundtrip airfare shall be booked, based on availability, on a major airline as defined by the Federal Aviation Administration.

(c) The cash portion of the third prize and the Margaritaville® gift card will be mailed by SGI to the third prize winner two weeks prior to trip departure.

(d) A third prize does not include: mileage, insurance, gratuities, meals, parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), personal expenses such as telephone calls, valet service, laundry, incidentals and the like, rebooking, revision or cancellation fees which may be charged by the hotel, airline or other suppliers.

(e) A third prize is not transferable or assignable without the express written consent of the Lottery. If a prize winner advises the Florida Lottery in advance that he or she is unable to take the trip due to unforeseen and reasonable circumstances, the winner will receive the $250 cash portion of the third prize and may transfer the travel portion of the third prize to another person; however, the entire value of the prize will remain taxable income to the winner.

(f) Unless specified otherwise by the Lottery, if a third prize winner is traveling via air and fails to appear at the designated time and place of departure, the airfare portion of the prize shall be forfeited and winner shall be responsible for making alternative arrangements to travel to Las Vegas at his or her own expense.

(g) Unless specified otherwise by the Lottery or unless prior alternative arrangements have been made, if a third prize winner fails to check in to the hotel when he or she arrives in Las Vegas, the hotel portion of the prize shall be forfeited.

(h) If any portion of a third prize forfeited by a winner under the scenarios described in paragraph (9) (f) and (g) above cannot be canceled with a full refund, those portion(s) shall remain taxable income to the winner.

(i) The minimum age requirement to check into a Nevada hotel is 21 years of age; therefore, the third prize winner or the winner’s guest must be 21 years of age.

(j) The third prize winner or guest must have a valid credit card or shall be required to post a cash deposit for incidentals to check into the hotel.

(k) A third prize winner is solely responsible for the actions of the guest who accompanies the winner on the trip. If a third prize winner’s guest is a minor, the winner must be the parent or legal guardian of such guest or present to SGI prior to booking the guest’s reservations, a notarized, written consent from the minor’s parent or legal guardian for the minor guest to accompany the third prize winner on the trip.

(10) Award of Fourth Prizes. Upon the confirmation of a fourth prize winner’s mailing address, the Lottery will award a Margaritaville® Prize Pack. The Florida Lottery will notify the fulfillment company of the name and contact information of the prize winner and the fulfillment company shall mail the prize pack to the winner within thirty business days of the date the fulfillment company receives the winner’s information. A fourth prize consists of the following:

(a) Two Margaritaville® backpack beach chairs;

(b) Two 24 oz Margaritaville® Tervis® Tumblers;

(c) Two Margaritaville® beach blankets;

(d) One Margaritaville® khaki cap;

(e) One Margaritaville® khaki visor;

(f) One Margaritaville® insulated canvas beach tote;

(g) One set of Margaritaville® headphones;

(h) One Margaritaville® paddle ball game set; and

(i) One Margaritaville® insulated soft cooler bag.

The value of a fourth prize is approximately $595.03.

(11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the prizes won in the Changes in Latitudes, Changes in Attitudes Promotion are the responsibility of the winner.

(12) State-Owed debt. If the winner of a grand, second or third prize in a Changes in Latitudes, Changes in Attitudes 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.

(13) Other Restrictions and Provisions.

(a) The Florida Lottery reserves the right, in its sole discretion, to substitute different prizes of comparable value should a grand prize, second or third prize become unavailable.

(b) No cash option is available in lieu of non-cash Changes in Latitudes, Changes in Attitudes Second Chance Promotion prizes.

(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 play.

(d) 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.

(e) By entering the Changes in Latitudes, Changes in Attitudes 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.

(f) By entering the Changes in Latitudes, Changes in Attitudes Second Chance Promotion, a player gives his or her permission for the Florida Lottery to photograph and/or videotape and record the winner with or without prior notification and to use the name, photograph, videotape, and/or recording of the winner for advertising or publicity purposes without additional compensation.

(g) Changes in Latitudes, Changes in Attitudes 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 4-3-14.

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: April 3, 2014