FLORIDA LOTTO™ Gas for Life Promotion

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER12-47: FLORIDA LOTTO™ Gas for Life Promotion

SUMMARY: This emergency rule describes the FLORIDA LOTTO™ Gas for Life Promotion that will begin on May 23, 2012, and continue through July 11, 2012. This emergency rule replaces Emergency Rule 53ER12-41, F.A.C.

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:

53ER12-47 FLORIDA LOTTO™ Gas for Life Promotion.

(1) Beginning Wednesday, May 23, 2012, through Wednesday, July 11, 2012, the Florida Lottery will conduct the FLORIDA LOTTO™ Gas for Life Promotion. Players who purchase a single FLORIDA LOTTO™ or FLORIDA LOTTO with XTRA ticket of $5 or more will receive a $50 instant winner coupon or an entry voucher with a unique serial number that can be entered in a drawing on the Florida Lottery’s website for a chance to win Gas for Life, Gas for a Year, Gas for a Month, or a VIP Race Package.

(2) Qualifying FLORIDA LOTTO ticket purchases will produce $50 instant winner coupons or entry vouchers from the beginning of the promotion period until close of game for FLORIDA LOTTO at 10:40 p.m. on July 11, 2012.

(3) Instant $50 Cash Prize Coupon.

(a) When a FLORIDA LOTTO ticket is produced that entitles the player to an instant prize of $50, a “winner” audio message will play on the terminal and the FLORIDA LOTTO ticket will contain a Lottery prize alert symbol and a message that the ticket holder is an instant winner. Cancellation of a qualifying FLORIDA LOTTO ticket will cancel an instant winner coupon unless the instant winner coupon has been redeemed. Once the instant winner coupon is redeemed, the FLORIDA LOTTO ticket cannot be cancelled. Should an issue arise concerning the transaction and/or prize, it is the player’s responsibility to seek resolution of the issue with the retailer and the Lottery prior to leaving the retail location.

(b) Winners can redeem a $50 instant winner coupon at any Florida Lottery retailer or any Florida Lottery office, or call [phone] [TDD [phone]] for instructions on how to claim the instant winner coupon by mail.

(c) Winners must redeem instant winner coupons by September 9, 2012.

(d) Approximately 7,000 $50 instant winner coupons will be produced.

(4) Vouchers. The entry voucher will be attached to the bottom of the FLORIDA LOTTO ticket. To enter an entry voucher serial number in a Gas for Life 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 Gas for Life banner and follow the directions. The entry voucher serial 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 serial number. A player will be able to enter his or her entry voucher serial numbers beginning at the top of the hour after the FLORIDA LOTTO ticket is purchased. A player entering an entry voucher serial 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 serial number in the drawing. Neither FLORIDA LOTTO tickets nor $50 instant winner coupons can be used for entry in the drawings. 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 in the drawing and will not be returned. Cancellation of a qualifying FLORIDA LOTTO ticket will also cancel the associated entry voucher and the entry voucher number will be ineligible for entry into a Gas for Life Promotion drawing. Entry voucher numbers associated with a cancelled FLORIDA LOTTO ticket that are entered into a Gas for Life Promotion drawing will be disqualified.

(5) Drawings.

(a) Seven weekly computerized drawings will be held during the period from Thursday, May 31, 2012, to Thursday, July 12, 2012, and winners will be randomly selected from entries received during the entry periods shown below. Players may enter as many times as they wish during the contest period. However, each valid voucher serial number may only be used one time, for one entry in one weekly drawing. Additionally, one Pit Stop drawing and one Grand Prize drawing will be held. All entries received between May 23, 2012, and midnight on June 13, 2012, will also be included in the Pit Stop drawing on June 14, 2012. All entries received between May 23, 2012, and midnight on July 11, 2012, will also be included in the Grand Prize drawing on July 12, 2012. The drawing dates are:

 

Drawing	Drawing Date	From Entries Received
1	Thursday, May 31, 2012	May 23, 2012 May 30, 2012
2	Thursday, June 7, 2012	May 31, 2012 June 6, 2012
3	Thursday, June 14, 2012	June 7, 2012 June 13, 2012
Pit Stop	Thursday, June 14, 2012	May 23, 2012- June 13, 2012
4	Thursday, June 21, 2012	June 14, 2012- June 20, 2012
5	Thursday, June 28, 2012	June 21, 2012- June 27, 2012
6	Thursday, July 5, 2012	June 28, 2012- July 4, 2012
7	Thursday, July 12, 2012	July 5, 2012- July 11, 2012
Grand Prize	Thursday, July 12, 2012	May 23, 2012- July 11, 2012

 

In each of the seven weekly drawings, five winners will win Gas for a Year and fifty winners will win Gas for a Month. A total of thirty-five Gas for a Year prizes and three hundred fifty Gas for a Month prizes will be awarded in the weekly drawings. In the Pit Stop drawing, one winner will win a VIP Race Package and two winners will win Gas for a Month. In the Grand Prize drawing, one winner will win Gas for Life and two winners will win Gas for a Month.

(b) Weekly Drawings. In each of the seven weekly drawings, the first five valid entries drawn will win Gas for a Year and the sixth through the fifty-fifth entries drawn will win Gas for a Month. The sixth through the fifty-fifth valid entries will be used in the order in which they were drawn and as needed to select an alternate Gas for a Year prize winner in the event a Gas for a Year prize cannot be awarded. The Florida Lottery will attempt to notify each Gas for a Year winner by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one week after the winners are drawn. If the Florida Lottery is unable to contact a Gas for a Year prize winner within sixty days 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 an 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 an alternate, the Gas for a Year prize will not be awarded. An alternate winner will be awarded the difference in gas cards between the Gas for a Year and Gas for a Month prizes. The Florida Lottery will attempt to notify the Gas for a Month winners by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one week after the winner is drawn in order to confirm the winner’s mailing address. If the Florida Lottery is unable to contact the Gas for a Month prize winner within sixty days of the date of the drawing, the winner will forfeit his or her right to claim the prize. No alternates will be drawn for Gas for a Month prizes.

(c) Pit Stop Drawing. In the Pit Stop drawing, the first valid entry drawn will win the VIP Race Package and the second and third valid entries drawn will win Gas for a Month. Gas for a Month winners will also be alternates for the VIP Race Package, and used in the order in which they were drawn, in the event the VIP Package cannot be awarded to the Race Package winner. The Florida Lottery will attempt to notify the VIP Race Package winner and the Gas for a Month winners by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one week after the drawing. If the Florida Lottery is unable to contact the VIP Race Package winner within one week 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 an alternate. If the Lottery is unable to contact a Gas for a Month winner within one week of the date of the drawing, the Gas for a Month winner will forfeit his or her right to serve as an alternate for the VIP Race Package. If the Lottery is unable to contact an alternate, the VIP Race Package prize will not be awarded. If the Florida Lottery is unable to contact a Gas for a Month prize winner within sixty days of the date of the drawing, the winner will forfeit his or her right to claim the Gas for a Month prize. No alternates will be drawn for a Gas for a Month prize. An alternate winner who has not claimed the Gas for a Month prize at the time of notification that he or she is the alternate winner of the VIP Race Package will be awarded only the VIP Race Package prize. An alternate winner who has claimed the Gas for a Month prize at the time of notification will receive the VIP Race Package minus the $300 in gas cards.

(d) Grand Prize Drawing. In the Grand Prize drawing, the first valid entry drawn will be the winner of the Gas for Life prize and the second and third entries drawn will be the winner of a Gas for a Month prize. Gas for a Month winners will also be alternates for the Gas for Life prize, and used in the order in which they were drawn, in the event the Gas for Life prize cannot be awarded to the winner. The Florida Lottery will attempt to notify the Gas for Life winner by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one week after the winner is drawn. If the Florida Lottery is unable to contact the Gas for Life prize winner within sixty days 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 an 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 an alternate, the Gas for Life prize will not be awarded. An alternate winner will be awarded the difference in gas cards between the Gas for a Month and Gas for Life prize, less applicable tax withholding, and in accordance with paragraph (7)(a) below. An alternate winner who elects the cash option for the Gas for Life prize will receive the difference between the value of the cash option Gas for Life prize and the value of the Gas for a Month prize, less applicable tax withholding. The Florida Lottery will attempt to notify the Gas for a Month winners by telephone, U.S. mail or email using the contact information provided in the winner’s registration data no later than one week after the winner is drawn in order to confirm the winner’s mailing address. If the Florida Lottery is unable to contact the Gas for a Month prize winner within sixty days of the date of the drawing, the winner will forfeit his or her right to claim the prize. No alternates will be drawn for a Gas for a Month prize.

(e) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(6) How to Claim a Prize.

(a) To claim a Gas for a Year or the Gas for Life prize, a winner must submit for receipt by the Florida Lottery no later than one week after being notified by the Lottery that he/she is a winner, the original valid entry voucher bearing the unique serial number selected in the drawing, a completed Winner Claim Form DOL-173-2, revised 02/11, or DOL-173-2S, revised 02/11, and a copy of acceptable identification. Forms DOL-173-2 and DOL-173-2S are hereby incorporated by reference and can be obtained from any Lottery office or from the Lottery’s website, www.flalottery.com. A winner who cannot produce a valid entry voucher and/or does not submit the required documents to the Lottery as set forth above will forfeit his or her right to claim the prize.

(b) To claim the VIP Race Package prize, a winner must submit for receipt by the Florida Lottery no later than one week after being notified by the Lottery that he/she is a winner, the original valid entry voucher bearing the unique serial number selected in the drawing, the identification and forms set forth in paragraph (6)(a) above and a completed Release and Authorization form DOL-474, Eff. 10/08 or Spanish Release and Authorization form DOL-474S, effective 09/11. Forms DOL-474 and DOL-474S are hereby incorporated by reference and can be obtained from any Lottery office or from the Lottery’s website, www.flalottery.com. The two Gas for a Month prize winners/VIP Race Package alternates selected in the Pit Stop drawing must also submit the original valid entry voucher, identification and required forms listed above within one week after being notified by the Lottery that they are alternates in order to ensure a timely award of the VIP Race Package in the event the VIP Race Package cannot be awarded to the winner. A winner who cannot produce a valid entry voucher and/or does not submit the required documents to the Lottery will forfeit his or her right to claim the prize.

(c) Except as set forth in paragraph (6)(b) above, Gas for a Month prize winners are not required to submit the original valid entry voucher bearing the unique serial number selected in the drawing or a claim form in order to claim a prize.

(7) Award of FLORIDA LOTTO™ Gas for Life Promotion Prizes.

(a) Gas for Life. Upon receipt of the Gas for Life winner’s required documentation, the Florida Lottery will award the Gas for Life prize. The winner of the Gas for Life prize shall receive $500 and/or $100 prepaid gas cards for life with a minimum of twenty years. The value of the gas cards received will be the annual value of $3,600 less applicable tax withholding. Any excess amount not evenly divisible into a $100 gas card will be paid in cash. A cash option of $72,000, less applicable tax withholding, is available to the winner in lieu of the Gas for Life gas cards. A cash option prize will be paid in one lump sum payment.

(b) VIP Race Package. Upon receipt of the VIP Race Package winner’s required documentation, the Florida Lottery will award the VIP Race Package prize which includes:

1. Two DAYTONA 500® Club tickets for the NASCAR Nationwide Series, “Subway Jalapeno 250 Powered By Coca-Cola At DAYTONA®” race scheduled to be held at Daytona International Speedway® on July 6, 2012;

2. Two DAYTONA 500® Club tickets for the NASCAR Sprint Cup Series, “Coke Zero 400 Powered By Coca-Cola At DAYTONA®” race scheduled to be held at Daytona International Speedway® on July 7, 2012;

3. Three nights’ hotel accommodations in a Daytona Beach, Florida hotel;

4. July 7, 2012 pre-race pass (weather and schedule permitting);

5. VIP seating in Gatorade Victory Lane for the weekend;

6. VIP parking for the weekend;

7. Pit passes;

8. Weekend track credentials;

9. Food and non-alcoholic beverage in the DAYTONA 500® Club on July 6 and July 7, 2012;

10. Official souvenir event program; and

11. $300 in gas cards.

The Florida Lottery will mail the gas cards and provide the winner of the VIP Race Package a certificate describing the race package prize won and containing all information necessary for the prize winner to fulfill the prize. Hotel accommodations include taxes, but do not include parking fees, incidentals, tips, telephone calls, or any other personal expenses such as valet service, laundry, etc. as well as revision or cancellation fees that may be charged by the hotel or other suppliers. The race package does not include travel expenses to or from the race location, mileage or meals, except as specified above. No cash option is available in lieu of a VIP Race Package prize. The Florida Lottery, Dayton International Speedway, LLC, its parent, subsidiaries, limited liability and affiliated companies, advertising and promotion agencies, and each of their respective shareholders, officers, directors, employees, members, agents and assigns, the Dayton Beach Racing & Recreational Facilities District; City of Dayton Beach and County of Villous (collectively, the “Released Parties”) assume no liability of any kind or nature for any loss, claims, damages, or injuries of any kind resulting in whole or in part, directly or indirectly for any portion of the VIP Prize Package awarded in the FLORIDA LOTTO™ Gas for Life Promotion.

(Total value $2,300)

(c) Gas for a Year. Upon receipt of the Gas for a Year winner’s required documentation, the Florida Lottery will award a Gas for a Year prize. The Florida Lottery will mail a winner $500 and/or $100 prepaid gas cards for a total value of $3,600. No cash option is available in lieu of a Gas for a Year prize.

(d) Gas for a Month. Upon confirmation of a Gas for a Month winner’s mailing address or upon receipt of a Gas for a Month winner’s required documentation, as applicable, the Florida Lottery will mail a total of three prepaid $100 gas cards. No cash option is available in lieu of a Gas for a Month prize. If any prize is returned as unclaimed or undeliverable and the Lottery is unable to locate the winner after a reasonable attempt to do so, the prize will not be awarded. (Total value $300).

(8) Gas Cards. Gas Cards awarded for the Gas for Life, Gas for a Year or a Gas for a Month prize will be $500 or $100 pre-paid Visa® cards, as applicable, and are subject to the terms and conditions accompanying the cards.

(9) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on FLORIDA LOTTO™ Gas for Life Promotion prizes 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. A nonresident alien claimant who is selected as a winner of a Gas for a Year prize or a Gas for a Month prize in which the winner is also an alternate for the VIP Race Package will be required to pay the withholding tax on the value of the prize and receive the remainder of the prize in prepaid gas cards of $100 increments each. Any excess amount not evenly divisible into a $100 gas card will be paid in cash. If a nonresident alien claimant does not pay the required tax withholding, he or she will forfeit the Gas for a Year prize. A nonresident alien claimant who is selected as the winner of the VIP Race Package prize will be required to pay the withholding tax or forfeit the VIP Race Package 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) If the winner of a Gas for Life or Gas for a Year 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. In the case of a Gas for Life winner who elects to receive annual gas cards, following deduction of federal tax withholding, an amount sufficient to cover the amount owed, up to the total remaining prize amount, will be transferred to the state agency owed the debt. Any excess remaining after federal tax withholding and collection of the debt will be paid to the winner in $100 gas cards. Any excess amount not evenly divisible into a $100 gas card will be paid in cash. In the case of a Gas for a Year winner, an amount sufficient to cover the amount owed, to the total prize amount, will be transferred to the state agency owed the debt. Any excess remaining after collection of the debt will be paid to the winner in $100 gas cards. Any excess amount not evenly divisible into a $100 gas card will be paid in cash.

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

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

(13) The Florida Lottery reserves the right, due to unavailability of gas cards, to award a cash prize equal to the value of the gas cards.

(14) The VIP Race Package is transferable to another person; however, the value of the prize package will remain taxable income to the winner.

(15) 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.

(16) 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.

(17) By entering the FLORIDA LOTTO™ Gas for Life 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.

(18) A player entering the FLORIDA LOTTO™ Gas for Life 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.

(19) The Gas for Life 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 6-6-12, Replaces 53ER12-41.

 

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: June 6, 2012