Ultimate Canes® Experience Second Chance Drawing.

DEPARTMENT OF THE LOTTERY

RULE NO: RULE TITLE
53ER08-60: Ultimate Canes® Experience Second Chance Drawing.
SUMMARY: The Department of the Lottery will conduct an Ultimate Canes® Experience Second Chance Drawing between October 10, 2008 and December 2, 2008, in which special prizes will be awarded.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, Capitol Complex, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER08-60 Ultimate Canes® Experience Second Chance Drawing.

(1) Beginning Friday, October 10, 2008, players can enter their non-winning Florida Lottery “Lucky 7’s” scratch-off tickets in the Ultimate Canes® Experience Second Chance Drawing on the Florida Lottery Website to win one of three (3) prizes containing University of Miami® (“Miami Hurricanes®”) football tickets, gift cards and Florida Lottery scratch-off tickets.

(2) One (1) second chance drawing to award all three (3) prizes will be held on December 2, 2008 from entries received by midnight on Saturday, November 29, 2008. The prizes to be awarded are as follows:

First Prize: Trip for two (2) to the Miami Hurricanes’ bowl game at the conclusion of the 2008-2009 season*, including two (2) tickets to the bowl game, one (1) hotel room for two (2) nights, airfare for two (2) from anywhere in the U.S. to the city where the game will be played, two (2) University of Miami hats and polo shirts, one (1) football autographed by Randy Shannon, one (1) $100 Publix gift card, one (1) $100 U-Gas gift card, and $100 in Florida Lottery scratch-off tickets. (Value – $2,100.00).

Second Prize: Two (2) season tickets for 2009 Miami Hurricanes football season, two (2) University of Miami hats and polo shirts, one (1) $100 Publix gift card, one (1) $100 U-Gas gift card, and $100 in Florida Lottery scratch-off tickets. (Value – $1,020.00).

Third Prize: Four (4) tickets to a 2009 Miami Hurricanes home game, one (1) $100 Publix gift card, one (1) $100 U-Gas gift card, and $100 in Florida Lottery scratch-off tickets. (Value – $560.00).

* If the Miami Hurricanes do not play in a bowl game at the conclusion of the 2008-2009 season, or if the first prize is not claimed in time for the winner to use the trip for the 2008-2009 bowl game, the trip will be for the next end of season bowl game in which the Miami Hurricanes play.

(3) To enter a non-winning ticket in an Ultimate Canes® Experience Second Chance Drawing, players must visit the Florida Lottery’s Website at www.flalottery.com, click on the Ultimate Canes® Experience Second Chance Drawing icon and follow the directions. Winning “Lucky 7’s” tickets cannot be used for entry into a second chance drawing. The odds of winning are dependent upon the number of entries received. 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. Only one (1) prize will be awarded per person. Non-winning tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned.

(4) A total of six (6) entries will be drawn in the drawing. The first entry drawn will win the first prize, the second entry drawn will win the second prize and will be an alternate for the first prize, the third entry drawn will win the third prize and will be an alternate for the first and second prizes, and the fourth through sixth entries drawn will be alternates for all three prizes. The three (3) prizewinners in the Ultimate Canes® Experience Second Chance Drawing will be posted on flalottery.com by 3:00 p.m. on December 2, 2008. The Florida Lottery will attempt to notify prizewinners by telephone, certified mail or e-mail no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact the first 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 attempt to award the prize to an alternate. If the second prize winner has been contacted within the initial three (3) week period, that winner will be given the option of accepting the first or second prize. In such case, if the third prize winner has been contacted, that winner will be given the option of accepting the third prize or the prize not selected by the second prize winner. If the Florida Lottery has been unable to contact the second and/or third prize winners during the initial three (3) week period, the Lottery will attempt to notify the alternate winner(s) for a period of three (3) weeks. If the Lottery is unable to contact the alternate winner(s) within three (3) weeks of forfeiture by the initial winner, the alternate winner(s) will forfeit their right to claim the prize and the prize will not be awarded. Ultimate Canes® Experience merchandise and lottery tickets will be shipped to the winner’s address within approximately 15 business days after the winning ticket has been received by the Lottery. Unclaimed prizes will remain the property of the donor company. Florida Lottery tickets will not be mailed to addresses outside the state of Florida. Winners with addresses outside the state of Florida will receive a check for $100 in lieu of lottery tickets.

(5) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim an Ultimate Canes® Experience Second Chance Drawing prize, the player must submit to the Florida Lottery the original valid non-winning 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 or DOL-173-2S, as referenced in Rule 53ER08-20, F.A.C., and a copy of acceptable identification to the Florida Lottery within two (2) weeks of notification by the Lottery of their selection as a winner. The first prize winner must also submit a Release and Authorization form DOL-474, Eff. 10/08 and the second and third prize winners must submit an Authorization to Release Address form DOL-473, Eff. 10/08. Forms DOL-473 and DOL-474 are hereby incorporated by reference and can be obtained from any Lottery office or on the Lottery’s Website www.flalottery.com. Winners who cannot produce a valid entry ticket and/or do not return the required documents as set forth above will forfeit their right to claim the prize.

(6) All federal, state and/or local taxes or other fees will be the responsibility of the winner. 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. Because the prizes in this promotion are in kind donations and there is no cash from which to withhold taxes, a nonresident alien claimant who is selected as a winner will be required to pay the withholding tax 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.

(7) No cash option is available in lieu of the prizes.

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

(9) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder. Prizes will be paid in accordance with the rules of the Florida Lottery governing payment of prizes. Copies of the current prize payment rule and the Ultimate Canes® Experience Second Chance Drawing rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

(10) Players must be at least 18 years of age. Persons prohibited by Section 24.116, F.S., from purchasing a Florida Lottery ticket are not eligible to play.

(11) A player entering the Ultimate Canes® Experience Second Chance Drawing 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.

(12) The Ultimate Canes® Experience Second Chance Drawing shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of the drawing will be available after the drawing on the Florida Lottery’s Website at www.flalottery.com, by phone at [phone] and at Florida Lottery retailers.

Specific Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 10-9-08.

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: October 9, 2008