Guy Harvey® Sportsman's Paradise Second Chance Promotion.

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER13-34Guy 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 May 28, 2013, through August 19, 2013, 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:

 

53ER13-34 Guy Harvey® Sportsman’s Paradise Second Chance Promotion.

(1) Beginning May 28, 2013, and continuing through August 19, 2013, 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”) from game 1193 on the Florida Lottery website for a chance to win one of four sport fishing trip packages for two persons plus $500 cash, original Guy Harvey® artwork, or a $200 gift certificate to GuyHarvey.com. Winning GUY HARVEY® Scratch-Off tickets and tickets from GUY HARVEY® game 1140 cannot be used for entry into the second chance promotion.

(2) To enter a non-winning GUY HARVEY® Scratch-Off ticket into 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 “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 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 entire 24-digit ticket number in the designated area.

(3) 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 are dependent upon the number of entries submitted.

(4) Drawings.

(a) Four second chance drawings will be held between June 19, 2013, and August 21, 2013, from entries submitted by midnight ET on the last day of the entry period for each drawing. The drawing dates are:

 

Drawing	Drawing Date	Entry Period
1	Wednesday, June 19, 2013	May 28, 2013 – June 17, 2013
2	Wednesday, July 10, 2013	June 18, 2013- July 8, 2013
3	Wednesday,  July 31, 2013	July 9, 2013- July 29, 2013
4	Wednesday, August 21, 2013	July 30, 2013- August 19, 2013

 

(b) In each of the four second chance drawings, one grand prize winner will win a sport fishing trip for two persons plus $500 cash, one second prize winner will win a Guy Harvey® brushstroke original work-of-art, and ten third prize winners will each win a $200 gift certificate to GuyHarvey.com. A total of forty-eight prizes will be awarded in the second chance drawings.

(c) The first valid entry drawn in each drawing will win the grand prize, the second valid entry drawn will win the 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 are drawn and as needed to select an alternate grand prize winner or alternate second prize winner in the event the grand prize or second prize cannot be awarded. Alternate winners will not be selected for third 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 one week after the winners are posted on the website.

(b) If the Florida Lottery is unable to contact a grand prize winner or second prize winner within three 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 one week, 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 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. 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 week notification period.  If the Lottery has not had contact with the second prize winner within the three week period, the first alternate for the grand prize will be the third valid entry drawn in the drawing.

(c) If the Florida Lottery is unable to contact a third prize winner within three 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 third prize winner who forfeits his or her right to claim a third prize will also forfeit his or her right to serve as an alternate for a grand or second prize.

(d) A second prize winner who becomes a grand prize alternate winner will be given the option of receiving either the grand prize or the second prize. If the alternate winner elects to receive the grand prize, he or she will not be awarded the second prize. 

(e) A third prize winner who becomes a grand or second prize alternate winner may retain his or her third prize in addition to the grand or second prize.

(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.

(6) How to Claim a Prize.

(a) To claim a grand or second prize in a GUY HARVEY® second chance drawing, the winner 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 winner 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, and appropriate identification. Grand and second prize winners must also submit 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 forms 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 forms 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 paragraphs (4)(c) and (5)(b) above.

(b) Third prize winners are not required to submit the original non-winning GUY HARVEY® Scratch-Off ticket or the documentation listed in paragraph (6)(a) in order to claim the gift card prize.  However, third prize winners who become alternate winners of a grand or second prize will be required to submit the original non-winning GUY HARVEY® Scratch-Off ticket and a Winner Claim Form in order to claim the higher prize. Therefore, third prize winners should retain the original non-winning GUY HARVEY® Scratch-Off ticket until notified by the Florida Lottery that the grand and second prizes have been fulfilled.

(7) 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 $500. The Florida Lottery will mail the 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; Islamorada, Florida; Piñas Bay, Panama; and Grand Cayman Island.

(a) Drawing 1 –St. Petersburg, Florida Sport Fishing Package. Package will include: four day/three nights’ deluxe accommodations for two persons at Guy Harvey® Outpost Resort (room, room tax and resort fees only) or equivalent; roundtrip mid-size Hertz car rental with unlimited mileage; one full-day inshore fishing trip for two persons; daily lunch and dinner for two persons (alcoholic beverages not included); a Guy Harvey® framed artwork; and $500 in cash. (Estimated retail value including the cash portion of the prize- $6,500)

(b) Drawing 2 – Islamorada, Florida Sport Fishing Package. Package will include: four day/three nights’ deluxe accommodations for two persons at Islander Resort (room, room tax and resort fees only) or equivalent; roundtrip mid-size Hertz car rental with unlimited mileage; one full-day offshore fishing trip for two persons with Stu Apte; daily lunch and dinner for two person (alcoholic beverages not included); a Guy Harvey® framed artwork; and $500 in cash. (Estimated retail value including the cash portion of the prize- $6,500)

(c) Drawing 3 – Piñas Bay, Panama Sport Fishing Package. Package will include: roundtrip airfare for two  persons from Miami, Florida to Panama City, Panama; five day/four nights’ deluxe accommodations for two persons at Tropic Star Lodge (room, room tax and resort fees only) or equivalent; ground transportation between airport and hotel; four full-days offshore fishing trip for two persons; daily breakfast, lunch and dinner for two persons  (alcoholic beverages not included); a Guy Harvey “remarqued” and hand signed Panama Paradise book; and $500 in cash. (Estimated retail value including the cash portion of the prize- $15,500)

(d) Drawing 4 – Grand Cayman Island Sport Fishing Package. Package will include: roundtrip airfare for two  persons from Miami, Florida to Grand Cayman; four day/three nights’ deluxe accommodations for two persons at Westin Casuarina Resort and Spa (room, room tax and resort fees only) or equivalent; ground transportation between airport and hotel; one full-day offshore fishing trip for two persons with Guy Harvey; trip for two persons to Stingray City; daily lunch and dinner for two at Guy Harvey’s Island Grill (alcoholic beverages not included);  a $500 gift certificate to Guy Harvey’s Gallery and Shoppe; and $500 in cash. (Estimated retail value including the cash portion of the prize – $8,100)

Each Sportsman’s Paradise Sport Fishing Trip Package must be booked within one 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. Rental car must be rented in Florida. Minors must be accompanied by an adult on fishing trip. A grand prize does not include travel (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 airlines, 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.

(8) Award of Second Prizes. Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award a Guy Harvey® brushstroke original work-of-art. The Florida Lottery will mail a certificate describing the work-of-art and the method of delivery. (Estimated retail value of the prize – $2,500)

(9) Award of Third Prizes. Upon confirmation of a third prize winner’s mailing address, the Florida Lottery will mail a $200 gift certificate to GuyHarvey.com within approximately ten 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.

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

(11) 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.

(12) 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 estimated reportable taxable value of the grand and second prizes for a U.S. citizen is as follows:

 

Prize	Estimated Reportable Taxable Value
Grand Prize- St. Petersburg, Florida Sport Fishing Package Plus $500 Cash	$8,666.67
Grand Prize- Islamorada, Florida Sport Fishing Package Plus $500 Cash	$8,666.67
Grand Prize- Piñas Bay, Panama Sport Fishing Package Plus $500 Cash	$20,666.67
Grand Prize- Grand Cayman Island Sport Fishing Package Plus $500 Cash	$10,800.00
Second Prize- Original Guy Harvey® Artwork	$3,333.33

 

 

(13) 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.

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

(15) If the winner of a grand prize in a Guy Harvey® Sportsman’s Paradise 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.

(16) 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.

(17) 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.

(18) 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.

(19) Guy Harvey® Sportsman’s Paradise 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 5-23-13.

 

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: May 23, 2013