BE THE THUNDER Second Chance Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER16-9BE THE THUNDERSM Second Chance Promotion

SUMMARY: The Department of the Lottery will conduct the BE THE THUNDER Second Chance Promotion between February 1, 2016, and April 11, 2016, in which 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:

 

53ER16-9 BE THE THUNDERSM Second Chance Promotion.

(1) Beginning February 1, 2016, through April 11, 2016, the Florida Lottery will conduct the BE THE THUNDERSM Second Chance Promotion (“Promotion”) in which players can enter non-winning $250,000 CASHFALL Florida Lottery Scratch-Off tickets (Game 1295) on the Florida Lottery website for a chance to win Tampa Bay Lightning and Circle K prize packages. Winning Scratch-Off tickets from the above-listed game cannot be used for entry into the Promotion.

(2) How to Enter. To enter a non-winning $250,000 CASHFALL Scratch-Off ticket into one of the four second chance drawings, players must enter on the Florida Lottery’s website at flalottery.com. On the home page of the Florida Lottery’s website, players can click on the BE THE THUNDERSM Second Chance Promotion 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 below the play area on the front of a $250,000 CASHFALL 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 serial number in the designated ticket entry area on the website. Players may enter as many times as they wish during the contest period; however, each valid ticket number may only be entered one time into one second chance drawing. Tickets should not be mailed to the Florida 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 depend on the number of entries entered. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(3) Circle K Coupon.  Each time a player enters a non-winning $250,000 CASHFALL Scratch-Off ticket into a drawing, the player will be provided a link on the entry page to print a Circle K coupon for a free medium coffee.  Coupons may be redeemed at participating Circle K stores in Florida.

(4) Prizes.  The following table sets forth the prizes available in the BE THE THUNDERSM Second Chance Promotion.

 

Prizes per Drawing
Prize Level	Prize	Number of Winners per Drawing
First Prize	Tampa Bay Lightning and Circle K Fly Away Package	1
Second Prize	Tampa Bay Lightning and Circle K Luxury Suite Package	4
Third Prize	Tampa Bay Lightning  10-Game Pack	2
Fourth Prize	Circle K and Lightning VIP Experience	4
Fifth Prize	BE THE THUNDERSM Experience	3
Sixth Prize	Tampa Bay Lightning Team Merchandise Package	10
A total of 96 prizes are available in the Promotion.

 

(5) Drawings. A total of four drawings will be held and winners will be randomly selected from entries submitted before midnight ET on the last day of the entry period for each drawing. The entry periods and drawing dates are set forth in the table below.

 

Drawings	Drawing Date	Entry Period
1	February 24, 2016	February 1, 2016- February 22, 2016
2	March 9, 2016	February 23, 2016- March 7, 2016
3	March 23, 2016	March 8, 2016- March 21, 2016
4	April 13, 2016	March 22, 2016- April 11, 2016

 

In each of the four drawings, a total of forty valid entries will be drawn by the Florida Lottery using a certified random number generation process. The first valid entry drawn will win the first prize. The second through fifth valid entries drawn will each win a second prize.  The sixth and seventh valid entries drawn will each win a third prize. The eighth through eleventh valid entries drawn will each win a fourth prize.  The twelfth through fourteenth valid entries drawn will each win a fifth prize. The fifteenth through the twenty-fourth valid entries drawn will each win a sixth prize. The twenty-fifth through the fortieth valid entries drawn will be used in the order in which they were drawn and in the order of need to select an alternate first, second, third, fourth or fifth prize winner in the event a first, second, third, fourth or fifth prize cannot be awarded. Alternate winners will not be selected for sixth prizes.

(6) Notification.

(a) The names of the prizewinners in each second chance drawing will be posted on flalottery.com after the drawing.

(b) 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. If the Florida Lottery is unable to have personal contact with the first prize winner or a second, third, fourth or fifth 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 in accordance with subsection (5) above.  If the Florida Lottery is unable to have personal contact with 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 Florida Lottery is unable to contact an alternate, the prize will not be awarded.  If the Florida Lottery is unable to have personal contact with a sixth 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.

(a) To claim any prize in the Promotion, the winner must submit to the Florida Lottery the original valid non-winning $250,000 CASHFALL 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. First, second and third prize winners must also submit a completed Winner Claim Form DOL-173-2, revised 09/13, or DOL-173-2S, revised 09/13 (Spanish version of the Winner Claim Form) 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. All prizewinners, except sixth prize winners, must also submit a completed Release and Authorization form DOL-474, effective 8/13, or Spanish Release and Authorization form DOL-474S, effective 8/13.

(b) For all prizewinners, the applicable required claim documentation 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 documentation from a first, second, third, fourth or fifth prize winner 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)(b) above. If the Florida Lottery has not received the required documentation from a sixth prize winner by the fourteenth day after notification, the sixth prize winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(c) The required claim documents and timeframe to return the documentation for each prize are shown in the following table.

 

BE THE THUNDERSM Second Chance Promotion Claim
Prize	Required Claim Documents	Timeframe to Return Claim Documents
First Prize	Winner Claim Form; non-winning ticket; identification; Release and Authorization Form	2 weeks
Second Prize	Winner Claim Form; non-winning ticket ; identification; Release and Authorization Form	2 weeks
Third Prize	Winner Claim Form; non-winning ticket; identification; Release and Authorization Form	2 weeks
Fourth Prize	Non-winning ticket; Release and Authorization Form	2 weeks
Fifth Prize	Non-winning ticket; Release and Authorization Form	2 weeks
Sixth Prize	Non-winning ticket	2 weeks

 

(d) 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, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016.  Forms DOL-173-2 and DOL-173-2S can also be obtained from the Lottery’s website, flalottery.com.

(8) Award of Prizes.

(a) First Prize. Upon the Florida Lottery’s timely receipt of a first prize winner’s required documentation, the Florida Lottery will award a prize of a Tampa Bay Lightning and Circle K Fly Away Trip Package (“Trip Package”). The Trip Package includes:

1. Two tickets to a 2016-2017 Lightning away game (game to be determined by Lightning);

2. Two round-trip airline tickets for two persons from any U.S. regional or international airport with regularly-scheduled commercial service to the city in which the away game will be held;

3. One hotel room for one night for two persons;

4. Two Circle K Polar Pop Ultimate Fan Packages, including t-shirt and a mug;

5. Two Lightning t-shirts and two Lightning hats;

6. $100 Circle K gift card;

7. $150 in Florida Lottery Scratch-Off tickets; and

8. $500 in cash.

The total value of a first prize is estimated at $2,206. The actual value of the prize is dependent upon the location of the winner and the location of the game. The Florida Lottery will mail the first prize winner a check for the cash portion of the prize and a certificate describing the prize along with the necessary information to make reservations to fulfill the trip; $150 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below);  two Circle K Polar Pop Ultimate Fan Packages; and the gift card, t-shirts and hats. No monetary compensation will be given to the winner in lieu of airfare if away game is held in a city for which air travel is not possible. In such case, the value of the prize for tax reporting will be reduced by the estimated value of the airfare. A first prize does not include travel (except as specified above), meals, parking fees, baggage fees, alcoholic beverages, any items not expressly specified, incidentals, tips, and personal expenses such as room service, 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 first prize winner may transfer the non-cash portion of the prize to another person provided the transfer is prior to travel arrangements being made; however, the value of the entire prize will remain taxable income to the winner.

(b) Second Prize. Upon the Florida Lottery’s timely receipt of a second prize winner’s required documentation, the Florida Lottery will award a prize of a Tampa Bay Lightning and Circle K Luxury Suite Package (“Luxury Suite Package”). The Luxury Suite Package includes:

1. Four hospitality suite tickets for one Lightning home game during the 2016-2017 season, including food and non-alcoholic beverage (game to be determined by Lightning);

2. $50 Circle K gift card;

3. Two Lightning t-shirts and two Lightning hats; and

4. $100 in Florida Lottery Scratch-Off tickets.

The Florida Lottery will mail the second prize winner a certificate describing the prize along with the necessary information to obtain the hospitality suite game tickets. The Florida Lottery will ship the winner $100 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, t-shirts and hats. The total value of a second prize is $1,150.

(c) Third Prize. Upon the Florida Lottery’s timely receipt of a third prize winner’s required documentation, the Lottery will award a prize of a Tampa Bay Lightning 10-Game Pack (“10-Game Pack”). The 10-Game Pack includes:

1. Two 10-game packs of ticket to the Lightning 2016-2017 regular season home games;

2. $50 Circle K gift card; and

3. $75 in Florida Lottery Scratch-Off tickets.

The winner will be provided a certificate describing the prize along with the necessary information to obtain the tickets. The Florida Lottery will ship the winner $75 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below) and the gift card. The total value of a third prize is $725.

(d) Fourth Prize. Upon the Florida Lottery’s timely receipt of a fourth prize winner’s required documentation, the Lottery will award a prize of a Circle K and Lightning VIP Experience (“VIP Experience”).  The VIP Experience includes:

1. Two lower level tickets to one Lightning 2016-2017 home game (game to be determined by the Lightning) and one parking pass;

2. Dinner for two at the Firestick Grill in the Amalie Arena;

3. Meet and greet with a former Tampa Bay Lightning player:

4. Attendance for two persons at a pre-game Circle K tailgater’s party at the Amalie Arena; and

5. $75 in Florida Lottery Scratch-Off tickets.

The winner will be provided a certificate describing the prize along with the necessary information to obtain the hockey tickets and parking pass and make arrangements for the pre-game party, dinner for two and meet and greet. The Florida Lottery will ship the winner $75 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below). The total value of a fourth prize is $378.

(e) Fifth Prize. Upon the Florida Lottery’s timely receipt of a fifth prize winner’s required documentation, the Florida Lottery will award a prize of a BE THE THUNDERSM Experience. The BE THE THUNDERSM Experience includes:

1. Two tickets to one Lightning 2016-2017 home game (game to be determined by the Lightning) and one parking pass;

2. Pre-game Tampa Bay Lightning Experience;

3. Autographed Tampa Bay Lightning hat and puck;

4. $50 in Florida Lottery Scratch-Off tickets; and

5. $25 Circle K gift card.

The winner will be provided a certificate describing the prize along with the necessary information to obtain the hockey tickets and parking pass and make arrangements for the pre-game Tampa Bay Lightning Experience.  The Florida Lottery will ship the winner $50 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, hat and puck. The total value of a fifth prize is $180.

(f) Sixth Prize. Upon the Florida Lottery’s timely receipt of a sixth prize winner’s required documentation, the Florida Lottery will award a prize of a Tampa Bay Lightning Team Merchandise Package “Merchandise Package.”  The Merchandise Package includes:

1. One Lightning t-shirt;

2. One Lightning hat;

3. One Circle K t-shirt;

4. $25 in Florida Lottery Scratch-Off tickets; and

5. $10 Circle K gift card.

The Florida Lottery will ship the winner $25 in Lottery Scratch-Off tickets (except as provided in paragraph (8)(g) below), the gift card, hat and t-shirts. The total value of a sixth prize is $110.

(g) A winner whose mailing address is outside the state of Florida will receive a check for the value of the Lottery Scratch-Off tickets portion of the prize in lieu of the actual tickets.

(9) Taxes.

(a) Except as specifically described herein, all federal, state and/or local taxes or other fees on the prizes will be the responsibility of the winner.

(b) Federal income taxes are required to be withheld from a prize awarded to a nonresident alien claimant at the rate of thirty percent (30%) pursuant to applicable provisions of the Internal Revenue Code. For first prize winners, thirty percent (30%) federal income tax withholding will be withheld from the cash portion of the claimant’s prize. If the amount of federal income tax withholding exceeds the cash portion of the prize, the claimant will be required to pay the excess amount of taxes prior to receipt of the prize or forfeit the prize. For all prizes other than a first prize, a nonresident alien claimant will be required to pay the federal income withholding tax on the total value of the prize or forfeit the prize. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien winner.

(10) State Owed Debt. If a winner of the first prize 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 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 and federal tax withholding, if applicable, 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.

(11) Other Restrictions and Provisions.

(a) Except as otherwise specifically provided herein, no cash option is available in lieu of the non-cash prizes.

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

(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) 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.

(e) By entering the BE THE THUNDERSM 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 fulfillment entity for prize fulfillment purposes.

(f) A player entering the BE THE THUNDERSM Second Chance Promotion 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.

(g) The BE THE THUNDERSM Second Chance Promotion drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm.

Rulemaking Authority 24.105(9), 24.109(1), FS.  Law Implemented 24.105(9), 24.115(1), FS.  History – New 1-28-16.                           

 

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: 1-28-16.