Guy Harvey® Heroes Adventure Second Chance Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER15-44Guy Harvey® Heroes Adventure Second Chance Promotion

SUMMARY: The Department of the Lottery will conduct the Guy Harvey® Heroes Adventure Second Chance Promotion from August 11, 2015, through October 6, 2015, 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:

 

53ER15-44 Guy Harvey® Heroes Adventure Second Chance Promotion.

(1) Beginning August 11, 2015, and continuing through October 6, 2015, the Florida Lottery (or “Lottery”) will conduct the Guy Harvey® Heroes Adventure Second Chance Promotion in which players can enter their non-winning Florida Lottery GUY HARVEY©HEROES Scratch-Off tickets  (or “GUY HARVEY© HEROES Scratch-Off tickets”) from game 1283 on the Florida Lottery website for a chance to win one of three resort and fishing trip packages for two persons including $500 cash, original Guy Harvey® framed artwork, or a $200 gift certificate to GuyHarvey.com. Winning GUY HARVEY© HEROES Scratch-Off tickets cannot be used for entry into the second chance promotion.

(2) How to Enter. To enter a non-winning GUY HARVEY© HEROES 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 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© HEROES 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. 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.

(3) Drawings.

Three second chance drawings will be held 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. The entry periods and drawing dates are set forth in the table below:

Drawing	Entry Period	Drawing Date
1	August 11, 2015 –  August 25, 2015	Thursday, August 27, 2015
2	August 26, 2015 – September 15, 2015	Thursday, September 17, 2015
3	September 16, 2015- October 6, 2015	Thursday,  October 8, 2015

 

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

 

Prize Level	Prize	Number of Winners per Drawing
Grand Prize	Guy Harvey® Heroes Adventure Resort and Fishing Trip Package  (includes $500 cash) Drawing 1- St. Augustine, Florida Drawing 2- Islamorada, Florida Drawing 3- Grand Cayman, Cayman Islands, fish with Guy Harvey	1
Second Prize	Original Guy Harvey® Framed Artwork	1
Third Prize	$200 Gift Certificate to GuyHarvey.com	10
Total Prizes Per Drawing		12
A total of thirty-six prizes will be available in the Guy Harvey® Heroes Adventure Second Chance Promotion.

 

(5)Winner Determination. In each of the three second chance drawings, a total of twenty valid entries will be drawn by the Florida Lottery using a certified random number generation process. The first valid entry drawn will win the grand prize, the second valid entry drawn will win the second prize, and the third through twelfth valid entries drawn will each win a third prize. The thirteenth through the twentieth valid entries drawn will be used in the order in which they are drawn, and in the order of need, 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.

(6) Notification. 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 Florida Lottery’s website.  The Florida Lottery deems the winner’s registration data as the winner’s official contact information, including the physical mailing address, and will not attempt to further locate a winner if attempts to reach the winner using the winner’s registration data are unsuccessful.

(a) Grand and Second Prize Winners. If the Florida Lottery is unable to contact the grand prize winner or the second 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 of the date of notification, 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 any alternate, the prize will not be awarded.

(b) Third Prize Winners. If the Florida Lottery is unable to contact a 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 prize will not be awarded. 

(7) How to Claim a Prize. To claim the grand, the second prize or a third prize in a second chance drawing, the winner must submit to the Florida Lottery the original valid non-winning GUY HARVEY© HEROES 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 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. Grand and second prize winners must also submit a completed Florida Lottery 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 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 subsection (5) and paragraph (6)(a) above.

(8) Award of Grand Prizes. Upon the Florida Lottery’s receipt of a grand prize winner’s required documentation, the Lottery will award a Guy Harvey® Heroes Adventure Resort and Fishing Trip Package (“Trip Package”). The Florida Lottery will mail the grand prize winner the gift certificate, a check for the cash portion of the prize, and a prize certificate describing the resort and fishing trip package won and information necessary for the prizewinner to make reservations to fulfill the trip. The resort and fishing trip destinations are: St. Augustine, Florida; Islamorada, Florida Keys; and Grand Cayman, Grand Cayman Islands.

(a) Drawing 1- St. Augustine, Florida. Trip Package will include: four days’/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); an original Guy Harvey® framed work-of-art; $500 gift certificate to GuyHarvey.com; and $500 in cash. (Estimated retail value including the cash portion of the prize- $10,500)

(b) Drawing 2- Islamorada, Florida Keys. Trip Package will include: four days’/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; daily lunch and dinner for two person (alcoholic beverages not included); an original Guy Harvey® framed work-of-art; $500 gift certificate to GuyHarvey.com; and $500 in cash. (Estimated retail value including the cash portion of the prize- $11,000)

(c) Drawing 3- Grand Cayman, Grand Cayman Islands. Trip Package will include: roundtrip airfare for two persons from Miami, Florida to Grand Cayman; four days’/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; daily lunch and dinner for two persons (alcoholic beverages not included) at Guy Harvey’s Island Grill;  a trip for two persons to Stingray City; an original Guy Harvey® framed work-of-art; $500 gift certificate to Guy Harvey Gallery & Shoppe, and $500 in cash. (Estimated retail value including the cash portion of the prize- $15,500)

(d) Each Trip Package must be booked within one year after it has been claimed.  In the event a grand prize is claimed but not booked within the one-year period, the unused portions of the prize shall expire and become void. The value of the entire prize will remain taxable income to the winner. 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 entire prize will remain taxable income to the winner.

(9) Award of Second Prizes. Upon the Florida Lottery’s receipt of a second prize winner’s required documentation, the Lottery will award an original Guy Harvey® framed work-of-art. The Florida Lottery will mail a prize certificate describing the work-of-art and the method of delivery. (Estimated retail value of the prize - $4,500)

(10) Award of Third Prizes. Upon the Florida Lottery’s receipt of a third prize winner’s required documentation, the Florida Lottery will mail the winner a $200 gift certificate to GuyHarvey.com.

(11) Taxes.

(a) 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- Guy Harvey® Heroes Adventure Resort and Fishing Trip Package  (Includes $500 )              1. St Augustine, Florida	$14,000.00
2. Islamorada, Florida Keys	$14,666.67
3. Grand Cayman, Cayman Islands, fish with Guy Harvey	$20,666.67
Second Prize-  Original Guy Harvey® Framed Artwork	$6,000.00

 

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

(12) State-Owed Debt. If the winner of the grand prize in a Guy Harvey® Heroes Adventure 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.

(13) Other Restrictions and Provisions.

(a) No cash option is available in lieu of non-cash Guy Harvey® Heroes Adventure Second Chance Promotion prizes.

(b) 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.

(c) 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.

(d) By entering the Guy Harvey® Heroes Adventure 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.

(e) By entering the Guy Harvey® Heroes Adventure 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.

(f) Guy Harvey® Heroes Adventure 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 8-6-15.

 

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: August 6, 2015