Power Cruise™ Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER18-20Power Cruise™ Promotion

SUMMARY: This emergency rule describes the Power Cruise™ Promotion in which players who purchase a POWERBALL® ticket or POWERBALL® with Power Play ticket of any price point can earn entries into a drawing for a chance to win a Cruise Package. 

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:

 

53ER18-20 Power Cruise™ Promotion.

(1) Beginning April 15, 2018 through May 30, 2018, the Florida Lottery will conduct the Power Cruise™ Promotion (“Promotion”). Players who purchase a POWERBALL® or POWERBALL® with Power Play® ticket of any price point can scan the barcode on their tickets using a smartphone or tablet, or can manually enter the ticket number through the Florida Lottery’s website to collect symbols and earn entries into a drawing for a chance to win a Cruise Package for two persons. Both winning and non-winning POWERBALL tickets may be used to enter the Promotion. Only POWERBALL tickets purchased during the Promotion period may be used to enter the Promotion including POWERBALL tickets associated with a Jackpot Combo play.

(2) How to Participate.

(a) Power Cruise Collect ‘N Win App Download and Registration. A player may participate in the Promotion by downloading the free Power Cruise Collect ‘N Win app at the App Store or at Google Play®. After the app is downloaded and opened, the “Welcome” page will be displayed. Click on the navigation bar found in the top left corner, select the “Login” button. Choose “Florida” from the “Select Lottery” dropdown window. A player may either register by selecting the “Register” button or may login by entering the player’s login information and selecting the “Login” button.

(b) Players must register their contact information one time upon first usage. A player will be sent an email directing the player to confirm his or her registration. The player should check the junk mail or spam folder if he or she does not promptly receive an email confirmation. Thereafter, the player may directly login by first selecting “Florida” from the drop-down menu of participating lotteries and entering his or her email address and password.   

(c) Web Browser. A player may participate in the Promotion via web browser by visiting the Florida Lottery’s homepage, flalottery.com, clicking on the Power Cruise Promotion banner and following the directions, or by going directly to flalottery.com/powercruise and clicking on the Register/Login link at the top right corner of the page to reach the Login page to register and/or login as described above.

(d) Regardless of whether a player chooses to participate in the Promotion by smartphone, tablet or web browser the following provisions shall apply:

1. the player may use the same account login information to enter tickets;

2. the player will only be required to register one time; and

3. the player’s entry history will be cumulative among the entry platforms.

(3) How to Earn Entries.

To collect play symbols and earn entries into a drawing, a player may scan the barcode on the bottom of a POWERBALL ticket using a camera on a smartphone or tablet, or a player may manually enter the 19-digit ticket number (located near the bottom of the ticket) on the entry page at flalottery.com/powercruise. Three game cards will appear on the screen. Each game card contains six spots to collect five symbols. One spot on each card is a “free” spot.  Each ticket number entered will randomly generate a quantity (2, 4, 6, 8, or 10) of the five play symbols and place them in an available game card. Once a symbol has been collected on all three play cards, the symbol will be eliminated from the random selection process. When a single game card is filled up with all five different symbols and free space, an entry is generated into the next available drawing and the game card is reset to capture more symbols towards the next entry. Partially completed cards will carry over to the next entry period.  A player may earn multiple entries during the promotion period; however, a player may only manually enter or scan up to two hundred tickets per day. Each ticket number can only be scanned or entered one time. Entries that include training tickets that were produced by a retailer terminal while in training mode or tickets with invalid ticket numbers will be disqualified from the applicable drawing or drawings. The odds of winning depend on the number of entries in each drawing. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. POWERBALL tickets should not be mailed to the Lottery. Tickets received in the mail by the Florida Lottery will not be entered into a drawing and will not be returned.

(4) Drawings and Number of Prizes. The Florida Lottery will conduct a total of five drawings. Prizewinners for each drawing will be randomly selected from entries submitted and received before midnight ET on the last day of the entry period for that drawing. Entries will be good for one drawing only. Prizewinners will be randomly selected using a certified random number generation process. Drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm.

The drawing dates and entry periods are as follows:

Drawing	Drawing Date	Entry Period
1	May 3, 2018	April 15, 2018 – May 2, 2018
2	May 10, 2018	May 3, 2018- May 9, 2018
3	May 17, 2018	May 10, 2018 – May 16, 2018
4	May 24, 2018	May 17, 2018- May 23, 2018
5	May 31, 2018	May 24, 2018- May 30, 2018

(a) In each of the drawings, the Florida Lottery will draw a total of seventy-five entries. The first valid entry drawn will win a Balcony Stateroom Cruise Package prize. The second through thirteenth valid entries drawn will each win an Oceanview Stateroom Cruise Package prize. The fourteenth through twenty-fifth valid entries drawn will each win an Interior Stateroom Cruise Package prize. The remaining valid entries drawn will be used as alternates in the order in which they were drawn and in the order of need to select a prizewinner in the event a prize cannot be awarded. A total of twenty-five prizes will be available in each drawing.

(b) The following table summarizes, by type of stateroom Cruise Package, the number of prizes in each drawing:

Drawing	Number of Balcony Staterooms	Number of Oceanview Staterooms	Number of Interior Staterooms	Total Number of Cruise Packages
1	1	12	12	25
2	1	12	12	25
3	1	12	12	25
4	1	12	12	25
5	1	12	12	25
Total	5	60	60	125

(5) Prizewinner Notification.

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

(b) The Florida Lottery will attempt to notify each prizewinner by telephone or email using the contact information provided in the prizewinner’s registration data no later than one business day after the prizewinners are posted on the Florida Lottery’s website. The Florida Lottery deems the prizewinner’s registration data as the prizewinner’s official contact information, including the physical mailing address. The Florida Lottery will not attempt to further locate a prizewinner if attempts to reach the prizewinner by telephone or email are unsuccessful. If the Florida Lottery is unable to have contact by telephone or email with a prizewinner within one week of the date the prizewinners are posted on the website, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner in accordance with paragraph (4)(a) above. If the Florida Lottery is unable to have contact by email or telephone with the alternate prizewinner within one week of the date of notification, the alternate prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to the next alternate prizewinner. This process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of alternates due to unsuccessful notification attempts or due to failure by a winner or an alternate prizewinner to timely provide required claim documentation as set forth in subsection (6) below. Notwithstanding the foregoing notification attempt provisions, the Florida Lottery will not continue notification attempts past August 1, 2018, due to booking time constraints. If the Florida Lottery exhausts the list of alternate prizewinners or if the Lottery is unable to contact an alternate by August 1, 2018, the prize will not be awarded.

(6) How to Claim a Prize. To claim a prize in a Power Cruise drawing, the prizewinner must submit to the Florida Lottery 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. A prizewinner must also submit a completed Release and Authorization form DOL-474-PC, Effective 4/18, or Spanish Florida Lottery Release and Authorization Form DOL-474S-PC, Effective 4/18. Forms DOL-173-2, DOL-173-2S, DOL-474-PC and DOL-474S-PC are hereby incorporated by reference. Forms DOL-173-2 and DOL 173-2S can be obtained from any Florida Lottery office or retailer, from the Florida Lottery’s website, flalottery.com, from flalottery.com/powercruise or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Forms DOL-474-PC and DOL-474S-PC can be obtained from any Florida Lottery office, from flalottery.com/powercruise or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The required documents must be received by the Florida Lottery no later than two weeks after the Florida Lottery has first made contact by telephone or email with the prizewinner. If the Florida Lottery has not received the required documents from a prizewinner by the fourteenth day after notification, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner as described in subsections (4) and (5), above. The same timeframe for a winner to return required documentation to the Florida Lottery shall apply to an alternate prizewinner. A prizewinner in this Promotion is not required to submit the POWERBALL tickets he or she scanned or manually entered to generate an entry to claim a prize.

(7) Award of Prizes.

(a) Upon receipt of a prizewinner’s required documentation, the Florida Lottery will award a prize of a 5-night Caribbean Cruise Package for two persons (“Cruise Package”). The Florida Lottery will provide the prizewinner a certificate describing the prize and containing the name and contact information for the prizewinner to contact to make reservations and obtain all necessary information for the cruise. A Cruise Package consists of the following:

1. 5-night Caribbean cruise for two persons in a balcony, oceanview, or interior view stateroom (depending on the prize awarded) aboard the Royal Caribbean® Majesty of the Seas® departing from Fort Lauderdale, Florida, January 19, 2019, cruising to two port of call destinations: CocoCay® and Nassau, Bahamas, and returning to Fort Lauderdale on January 24, 2019;

2. Deluxe hotel accommodations for two persons at a hotel in Fort Lauderdale, Florida the night prior to cruise departure:

3. $800 cash for travel expenses to Fort Lauderdale, Florida:

4. $250 ship credit to be applied to the prizewinner’s ship account and utilized for items such as beverage service, shore excursions, specialty dining and purchases made during the cruise and/or similar expenditures;

5. All primary gratuities on board the ship (room attendant and dining room staff) and all trip related destination and departure taxes;

6. A chance to win an onboard prize of $100, $250, $500 in the On-Board Prizes Drawing and a chance to win an onboard prize of $5,000 or $50,000 in the On-Board Prizes Grand Prizes Drawing;

7. Admittance to special event concert held in conjunction with the cruise; and

8. Payment of federal income tax withholding on the total retail value of the Cruise Package elements described in subparagraphs 1. through 7., above.

The Florida Lottery will pay applicable federal income tax withholding on the retail value of the prize. The reportable taxable value of the prize includes the value of the prize plus the value of the federal income tax withholding paid by the Lottery. The retail value of the prize and the reportable taxable value of the prize for a U.S. citizen are as follows:

Cruise Package Prize Level	Retail Value of Cruise Package	Reportable Taxable Value of Cruise Package
Balcony Stateroom	$4,780	$6,289.47
Oceanview Stateroom	$4,380	$5,763.16
Interior Stateroom	$4,230	$5,565.79

(b) A Cruise Package does not include: insurance, additional travel expenses (e.g. parking fees and baggage fees) alcoholic beverages (other than those served without charge at any reception and/or party or those purchased with the ship’s credit), expenditures for shore excursions, ATM fees, supplemental gratuities, premium dining experiences; and any items not expressly specified and personal expenses such as telephone calls, valet service, room service, laundry, incidentals and the like.  A personal credit card will be required upon ship check-in for payment of any additional onboard spending above the $250 ship credit. Ship credit is non-refundable and must be used during the cruise.

(c) At the request of a prizewinner and with the approval of the Florida Lottery, the prizewinner may appoint a proxy to take the cruise. Only one proxy appointment per prizewinner can be made. A proxy cannot appoint another proxy. A Proxy Appointment and Acknowledgement form DOL-491-B, Revised 4/18, should be completed by the appropriate parties prior to travel arrangements being made. Form DOL-491-B is hereby incorporated by reference and can be obtained from any Florida Lottery office, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016. If such request is made prior to the booking deadline (August 31, 2018), no additional cost will be assessed to the prizewinner. If such request is made after the booking deadline and a charge is imposed for changing arrangements, the prizewinner will be responsible for paying all additional charges imposed.  Proxy paperwork must be submitted to the Florida Lottery by October 31, 2018. In the event a proxy is appointed, the original prizewinner shall receive the $800 cash prize, and the entire value of the prize shall remain taxable income to the original prizewinner.

(d) If a prizewinner claims the prize with the Florida Lottery but fails to book the cruise and make hotel reservations with the fulfillment company, Alchemy 3, LLC (“Alchemy”) by August 31, 2018, the Cruise Package shall be forfeited except for the $800 cash. The cash will be mailed to the prizewinner immediately after the booking timeframe has passed and the entire value of the Cruise Package prize will remain taxable income to the prizewinner.

(e) If a prizewinner does not elect to take a guest or if his or her guest does not take the cruise, the entire value of the Cruise Package prize will remain taxable income to the prizewinner.

(f) A prizewinner must be at least 18 years of age and is solely responsible for the actions of the guest who accompanies the prizewinner on the cruise.

(g) The prizewinner or prizewinner’s guest must have a valid credit card or will be required to post a cash deposit for incidentals to check into the hotel. If the prizewinner fails to check into the hotel the night before cruise departure, the prizewinner will forfeit the hotel portion of the Cruise Package, and the entire value of the Cruise Package prize will remain taxable income to the prizewinner.

(h) If the prizewinner fails to show at the designated time of departure, the cruise portion of the Cruise Package will be forfeited except for the $800 cash, and the entire value of the Cruise Package prize will remain taxable income to the winner. No alternate sail date or credit towards another Royal Caribbean Cruise will be provided.

(i) A valid form of identification will be required for both the prizewinner and prizewinner’s guest in order to book the cruise and board the ship. Valid forms of identification include: (1) a current passport or (2) both a valid state photo ID and an original birth certificate.

(8) State-Owed Debt. Prizewinners will be analyzed for state-owed debt.  If a prizewinner is identified as owing an outstanding debt to a state agency or child support collected through a court, the debt will be offset 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 balance of the cash portion of the prize after deduction of the debt shall be awarded. If the debt is an amount greater than the cash portion of the prize, the entire cash portion of the prize will be applied to the outstanding debt and the prizewinner will receive the remaining non-cash portion of the prize. 

(9) Payment of Cash Portion of Cruise Package Prize. If the prizewinner does not have outstanding state-owed debt as described in subsection (8), above, Alchemy will mail the prizewinner the $800 cash in the form of a check within fifteen days of booking the cruise and making the hotel reservations.  If the prizewinner is identified as owing state-owed debt, the Florida Lottery will offset the debt as set forth in subsection (8) above, and the Florida Lottery will promptly mail the remainder of the cash, if any.

(10) Power Cruise Onboard Prizes.

(a) All prizewinners, including prizewinners from other Lotteries participating in their states’ Power Cruise Promotion, will have a chance to win an onboard prize in each of two drawings. The number of prizes and prize amounts for each drawing are as follows:

On-Board Prizes Drawing
Prize	Number of Prizes
$100	300
$250	100
$500	140

 

On-Board Prizes Grand Prizes Drawing
Prize	Number of Prizes
$5,000	5
$50,000	2

Drawings will be conducted by Alchemy in early January 2019, prior to the cruise, using a certified random number generation process. A prizewinner will be included in both drawings, but can only win one prize per Cruise Package won, per drawing. Alternate entries will not be drawn. Drawings will be witnessed by an independent auditor employed by an independent certified public accounting firm. Prizewinners will be announced onboard the ship. The odds of winning depend on the total number of valid eligible entries (which includes entries from other participating Lotteries) in each drawing.

(b) $100, $250 and $500 prizes will be distributed onboard the ship in the form of a no-fee prepaid gift card. A prizewinner will be required to present a government issued photo ID or passport to claim his or her prize.

(c) If a $5,000 or $50,000 prizewinner is a Florida Cruise Package winner, the prizewinner will be analyzed a second time for state-owed debt prior to award of prize.

1. If the prizewinner is liable for state-owed debt, the debt will be offset in accordance with section 24.115, Florida Statutes. For a $5,000 prizewinner, if the debt is an amount less than the amount of the prize, the balance of the prize after the debt is offset shall be awarded.  If the debt is an amount greater than $5,000, the entire prize amount will be applied to the outstanding debt. For a $50,000 prizewinner, if the debt is an amount less than $50,000, the balance of the prize after applicable federal income tax is withheld and after the debt is offset shall be awarded. If the debt is an amount greater than $50,000, the entire prize amount after applicable tax withholding will be applied to the outstanding debt. Any payment due to a $5,000 or $50,000 prizewinner after the debt is offset will be in the form of a check mailed to the prizewinner by the Florida Lottery.  Applicable tax forms will be issued to the prizewinner by the Florida Lottery.

2. If the prizewinner does not have outstanding state-owed debt, a $5,000 or $50,000 prizewinner will be paid by Alchemy in the form of a check and mailed to the prizewinner within fifteen days of the end of the cruise. A $50,000 prize will be less applicable federal income tax withholding.  Alchemy will also issue the applicable tax forms to a $5,000 or $50,000 prizewinner.

(d) Regardless of whether the prizewinner forfeits the cruise portion of the prize or appoints a proxy, the prizewinner will be awarded any prize won in a drawing conducted by Alchemy.

(11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on Cruise Package prizes will be the responsibility of the prizewinner.

(12) Other Restrictions and Provisions.

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

(b) No cash option is available in lieu of a Cruise Package.

(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) Persons prohibited by Section 24.116, Florida Statutes, from purchasing a Florida Lottery ticket are not eligible to enter the Power Cruise Promotion.

(e) By entering the Power Cruise 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.

Rulemaking Authority 24.105(9), 24.109(1), FS.  Law Implemented 24.105(9), 24.115(1), FS.  History – New- 4-12- 18.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENTOF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: April 12, 2018.