Ultimate Tailgate Party Drawing.

 

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER13-78: Ultimate Tailgate Party Drawing.
SUMMARY: This emergency rule describes the Ultimate Tailgate Party drawing that will be held on February 11, 2014, in which players will have the chance to win a Pro Football Hall of Fame 50th Anniversary VIP Experience prize.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER13-78 Ultimate Tailgate Party Drawing.

(1) Beginning Tuesday, December 3, 2013, through Sunday, February 9, 2014, players who purchase a single POWERBALL® or POWERBALL with Power Play® ticket of $10 or more will receive an entry voucher with a unique number that can be entered into the Ultimate Tailgate Party drawing on the Florida Lottery’s website for a chance to win a Pro Football Hall of Fame 50th Anniversary VIP Experience prize.  

(2) Qualifying POWERBALL ticket purchases will produce entry vouchers beginning on December 3, 2013, through 10:00 p.m. on February 9, 2014.

(3) Vouchers. The entry voucher will be attached to the bottom of the POWERBALL ticket. To enter an entry voucher number in the drawing, players must enter on the Lottery’s website at www.flalottery.com. On the home page of the Lottery’s website, players can click on the Ultimate Tailgate Party drawing banner and follow the directions. The entry voucher number is located at the bottom on the front of the entry voucher. Players are to enter the first 13-digits of the 19-digit entry voucher number. A player will be able to enter his or her entry voucher numbers beginning at the top of the hour after the POWERBALL ticket is purchased. A player entering an entry voucher number prior to the top of the hour after purchase will be directed to return at a later time to enter his or her entry voucher number in the drawing. The POWERBALL ticket number cannot be used for entry in the drawing. The odds of winning are dependent upon the number of entries received. Entry vouchers should not be mailed to the Lottery unless players are contacted by the Florida Lottery and requested to do so. Entry vouchers or tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned.

(4) Drawing. One computerized drawing will be held on Tuesday, February 11, 2014. Forty-eight (48) winners will be randomly selected from entries submitted during the entry period and will each win a Pro Football Hall of Fame 50th Anniversary VIP Experience (“or VIP Experience”) prize. A total of forty-eight (48) prizes will be awarded in the drawing. Players may enter as many times as they wish during the contest period. However, each valid voucher number may only be used one time, for one entry into the drawing. The entry submission deadline is midnight ET on Sunday, February 9, 2014. In the drawing, the first through the forty-eighth valid entries drawn will win a VIP Experience prize. Twelve additional alternate entries will be drawn and will be used in the order in which they are drawn to select an alternate prizewinner in the event a VIP Experience prize cannot be awarded. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. 

(5) Notification. The Florida Lottery will attempt to notify each prize winner in the Ultimate Tailgate Party drawing 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.

(a) If the Florida Lottery is unable to have personal contact with a prizewinner within three business days of the date the winners are posted on the website, the winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate winner as set forth in subsection (4) above. If the Florida Lottery is unable to have personal contact with the first available alternate winner within three business days of the date of award of the prize, the first alternate winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to the second available alternate. If the Florida Lottery is unable to have personal contact with the second alternate winner within three business days of the date of the award of prize, the second alternate winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(b) In the event a prizewinner does not return the required forms within the timeframe set forth in subsection (6) below, the Florida Lottery will attempt to notify an alternate winner as described in paragraph (5)(a) above, except that only one notification attempt will be made. If the Florida Lottery is unable to have personal contact with an alternate winner within three business days of the date of award, the alternate winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(c) The Florida Lottery will notify each alternate in the Ultimate Tailgate Party drawing by email using the contact information provided in the alternate’s registration data no later than twenty-four hours after the drawing. The email notification will notify the alternate of his or her alternate status and instruct the alternate to retain the original valid entry voucher that is required to claim a prize, until further notified by the Florida Lottery that he or she is an alternate winner of a prize or that the prizes have been fulfilled and the original valid entry voucher may be discarded.

(6) How to Claim a Prize. To claim a prize in the Ultimate Tailgate Party drawing, the winner must submit to the Florida Lottery the original valid entry voucher bearing the unique number selected in the drawing. Without such voucher, the winner will forfeit his or her right to claim a prize. Winners must submit the valid entry voucher along with a completed Winner Claim Form DOL-173-2, revised 02/11, or DOL-173-2S, revised 02/11, and a copy of acceptable identification. A prize winner must also submit a notarized Florida Lottery Release and Authorization form DOL-474, revised 8/13, or Spanish Florida Lottery Release and authorization Form DOL-474S, effective 8/13. 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, from the Lottery’s website, 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 five business days 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 fifth business 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 as described in subsections (4) and (5) above. If the Florida Lottery has not received an alternate winner’s required forms by the earlier of the fifth business day after notification or March 4, 2014, the winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(7) Pro Football Hall of Fame 50th Anniversary VIP Experience Prizes.

A Pro Football Hall of Fame 50th Anniversary VIP Experience prize consists of the following:

1. Roundtrip coach class airfare for up to four persons from a U.S. international airport to Cleveland Hopkins International Airport, or $1,000 per prizewinner, if the prizewinner and guests elect for self-transportation; 

2. Up to two double occupancy rooms (room and room tax only) at a deluxe accommodations hotel in Cleveland, Ohio for four nights;

3. All ground transfers between the destination airport and the assigned hotel and, if applicable and necessary, to and from Scientific Games International, Inc. (“SGI”) events; 

4. Admission to the Ultimate Tailgate Party and Cash Event (“Cash Event”) for the prizewinner and up to three guests as further described in subsection (19) below;

5. Admission for the prizewinner and up to three guests to the Pro Football Hall of Fame Fan Festival, Pro Football Hall of Fame and Rock N’ Roll Hall of Fame; and

6. $500.

The value of the prize, including the cash portion, is $11,250. The Florida Lottery will pay applicable federal income tax withholding on the value of the prize. The reportable taxable value of the prize includes the value of the prize and the value of the federal income tax withholding paid by the Lottery. The reportable taxable value of the prize for a U.S. citizen is $15,000.

(8) The VIP Experience prize does not include: mileage, insurance, gratuities, meals (other than those provided without charge at any event), parking fees, baggage fees, alcoholic beverages (other than those served without charge at any reception and/or party), any items not expressly specified and personal expenses such as telephone calls, valet service, laundry, incidentals and the like, as well as revision or cancellation fees which may be charged by the airlines, hotel or other supplier.

(9) VIP Experience Prize Fulfillment. Upon receipt of a prizewinner’s required documentation, the Florida Lottery will award a VIP Experience prize and will provide the winner a certificate describing the VIP Experience prize and fulfillment process. The prizewinner’s information will be provided to the fulfillment company, MDI Entertainment, LLC (“MDI”). MDI will contact the prizewinner within ten business days from the date of receipt of the prizewinner’s information to make trip arrangements and shall mail the prizewinner a check for $500 approximately two weeks prior to the scheduled trip departure date. MDI will provide the prizewinner the appropriate IRS tax form.

(10) If a prizewinner’s guest is traveling via air from a location that is different than the prizewinner’s location and the cost of the guest’s airfare is in excess of the prizewinner’s airfare, the guest shall be responsible for the difference between the two airfares. Additionally, the cost of the guest’s ground transfers shall be the responsibility of the guest.

(11) In the event that a prizewinner does not use one or more portions of the VIP Experience prize, the unused portion or portions of the prize shall be forfeited with the exception of the $500 cash, and the entire value of the prize shall remain taxable income to the prizewinner.

(12) A VIP Experience prize is not transferable or assignable without the express written consent of the Lottery.  If the prizewinner advises the Lottery in advance of travel arrangements being made that he or she is unable to take the trip portion of the VIP Experience prize, the prize winner will receive the $500 cash portion of the VIP Experience prize and may designate a proxy to use the trip portion in his or her stead and participate in the Cash Event.  In such event, the prizewinner shall receive any prize won by the proxy, less applicable taxes, and the VIP Experience prize and all prizes won by the proxy in the Cash Event will be taxable to the prizewinner.  If the prizewinner advises the Lottery after travel arrangements have been made that he or she is unable to take the trip portion of the VIP Experience prize, the prizewinner may designate a proxy to use the trip portion of the VIP Experience prize and participate in the Cash Event; however, the prizewinner shall be responsible for any revision, rebooking, transfer or cancellation fees that may be charged by the airline or other supplier.

(13) If a prizewinner is traveling via air and fails to appear at the designated time and place of departure, the balance of his or her VIP Experience prize shall be forfeited with the exception of the $500 cash prize; however, the value of the prize shall remain taxable income to the prizewinner.

(14) If a prizewinner fails to check in to the hotel when he or she arrives in Cleveland, the balance of his or her VIP Experience prize shall be forfeited with the exception of the $500 cash prize; however, the value of the prize shall remain taxable income to the prizewinner.

(15) A prizewinner or MDI may designate a proxy to attend the Cash Event, if the winner is unable to attend. If a proxy is designated, the winner forfeits the right to personally play for cash prizes; however, the proxy shall play in the prizewinner’s place and all prizes won by the proxy shall be awarded to the prizewinner, less applicable taxes, and shall remain taxable to the prizewinner.

(16) A prizewinner is solely responsible for the actions of the guests who accompany the prizewinner to the event. If a prizewinner’s guest is a minor, the prizewinner must either be the parent or legal guardian of such guest, or must present a notarized, written consent from the minor’s parent or legal guardian for the minor guest to accompany the prizewinner.

(17) The prizewinners, designee(s), or guest(s) must have a valid credit card or shall be required to post cash deposit for incidentals to check in to the hotel.

(18) No cash option is available in lieu of the non-cash portion of a Pro Football Hall of Fame 50th Anniversary VIP Experience prize.

(19) Ultimate Tailgate Party and Cash Event. The VIP Experience prize includes admission to a private tailgate party event for the prizewinner and up to three guests to be held on or about May 2, 2014, at the International Exposition in Cleveland, Ohio. The Ultimate Tailgate Party will be attended by approximately 100 inducted members of the Pro Football Hall of Fame (each an “HOF Member”) and a total of 200 prizewinners and their guests from 18 state lotteries. The prizewinner and his or her guests will dine with one of the HOF Members and have the opportunity to play a series of tournament games with another HOF member.  Prior to the Ultimate Tailgate Party, the prizewinner will have the opportunity to play a game of chance to win a cash prize of $25,000. The odds of winning a $25,000 prize are 1 in 50. If the prizewinner does not win a $25,000 prize, the prizewinner will be awarded a $1,000 prize. If the prizewinner wins a $25,000 prize, the prizewinner will have the opportunity to play a game of chance during the Ultimate Tailgate Party to win an additional $1,000,000 prize. The odds of winning the $1,000,000 prize are 1 in 1,000. MDI shall mail the prizewinner a check for the total cash prize amount won at the Cash Event, less applicable Ohio state tax and federal income tax withholding, within fifteen business days after the prizewinner departs from Cleveland and shall provide each prizewinner the appropriate IRS tax form. Ohio state taxes may be recoverable from the State of Ohio. Any State Owed Debt owed by the prizewinner shall also be collected as set forth in subsection (20) below. 

(20) The prizewinner will be analyzed twice for State Owed Debt. The first analysis will occur at the time the VIP Experience prize is claimed. If the winner of a grand 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 of less than the cash portion of the VIP Experience prize ($500), 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. The second analysis will occur after the prizewinner has participated in the Cash Event and the total cash won has been determined. If the winner 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.

(21) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on VIP Experience prizes and Cash Event prizes will be the responsibility of the winner.

(22) The prizewinners in the drawing will be posted on www.flalottery.com, on the day of the drawing.

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

(24) 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.

(25) 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.

(26) A player entering the Ultimate Tailgate Party 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.

(27) The Ultimate Tailgate Party drawing 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 11-26-13.

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: 11-26-13.