RULE NO.:RULE TITLE:
53ER17-41CASH4LIFE®
SUMMARY: This emergency rule sets forth the provisions for the conduct of the draw lottery game, CASH4LIFE®. This emergency rule replaces Emergency Rule 53ER17-7.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane Schmidt, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
THE FULL TEXT OF THE EMERGENCY RULE IS:
53ER17-41 CASH4LIFE®.
(1) Definitions.
The following words and phrases, when used in this rule, have the following meanings, unless the context clearly indicates otherwise:
(a) Annuitant—The person or entity who receives the benefits of an annuity resulting from a CASH4LIFE® Winning Play on a Winning Ticket for the Top Prize or Second Prize paid under the Annuity Option.
(b) Annuity Option—The manner in which the CASH4LIFE Top Prize and Second Prize may be paid in annual installments for the Annuitant's Measuring Life.
(c) Cash Ball Number—The number selected from the field of numbers one through four, which is selected by the player or randomly generated using the Quick Pick option, which forms the last number of a Play. The Cash Ball Number may be the same number as one of the five numbers a player selects from the Player Number Sequence.
(d) Cash Option—The manner in which the CASH4LIFE Top Prize or Second Prize may be paid in a lump sum single payment.
(e) CASH4LIFE— CASH4LIFE is a multi-state lottery draw game (also known as an online lottery game) which is offered to players in Florida by the Florida Lottery via authorized Florida Lottery retailers.
(f) CASH4LIFE Drawing—The drawing conducted during which the CASH4LIFE Winning Numbers are selected.
(g) CASH4LIFE Regional Game Agreement—The agreement between the Party Lotteries which establishes the terms for selling the CASH4LIFE game in the Party Lotteries' jurisdictions.
(h) CASH4LIFE Winning Numbers—The six numbers, the first five of which are comprised of a Winning Number Sequence and the sixth of which is comprised of a Winning Cash Ball Number, that are randomly selected during each CASH4LIFE Drawing and certified by an Independent Certified Public Accounting Firm and that shall be used to determine Winning Plays contained on official CASH 4 LIFE tickets.
(i) Deferred Annuity Portion- The portion of the Annuity Option paid once the prizewinner exceeds the Guaranteed Portion of the annuity. The Deferred Annuity Portion installments will continue to be paid for the remainder of the prizewinner’s Measuring Life.
(j) Directors- The chief executive of any Party Lottery or any other person to whom the Director’s authority is lawfully delegated.
(k) Guaranteed Annuity Portion—The portion of the Annuity Option where the prizewinner is guaranteed annuity payments for the first twenty years of the prizewinner’s Measuring Life.
(l) Liability Limit- A pre-established threshold, as determined and announced by the Party Lotteries before sales commence for a drawing to which the threshold applies, equal to a fixed percentage of the gross ticket sales receipts for a particular drawing (or such fixed percentage plus an additional reserve amount), according to the established procedures agreed to by the Party Lotteries.
(m) Measuring Life or Life—The period over which a Top Prize or Second Prize is paid out under the Annuity Option. Except as provided below, for each Top Prize winning Play or Second Prize winning Play, the Measuring Life shall be the natural life of the individual who the Florida Lottery determines to be a valid prizewinner. However, for a claim made by or on behalf of a trust, corporation or other legal entity, the Measuring Life shall be fixed at twenty (20) years.
(n) Party Lottery or Lotteries—The group of state lotteries that joined together to offer the CASH4LIFE game under the terms of the CASH4LIFE Regional Game Agreement.
(o) Play—The six numbers imprinted on a CASH4LIFE ticket, prefixed by letters A through E, to be played by a player in CASH4LIFE. The six numbers are comprised of a Player Number Sequence and a Cash Ball Number.
(p) Player Number Sequence—A sequence of five numbers ranging from one through sixty, which are selected by the player or randomly generated using the Quick Pick option, that form the first five numbers of a CASH4LIFE Play.
(q) Second Prize—The CASH4LIFE prize awarded for matching the Player Number Sequence with the Winning Number Sequence.
(r) Set Prizes -A set amount award in the CASH4LIFE game for third through ninth prizes.
(s) Top Prize- The Top Prize in the CASH4LIFE game awarded for matching the Player Number Sequence and the Cash Ball Number with the Winning Number Sequence and the Winning Cash Ball Number.
(t) Winning Cash Ball Number—The one number ranging from one through four that is randomly selected during a CASH4LIFE Drawing that comprises the last number of the CASH4LIFE Winning Numbers.
(u) Winning Number Sequence—The sequence of five numbers ranging from one through sixty that are randomly selected during a CASH4LIFE Drawing that comprise a portion of the CASH4LIFE Winning Numbers.
(v) Winning Play(s)- The Play(s) that matches the official CASH4LIFE Winning Numbers in any order for the drawing date for which the ticket was purchased, in one of the combinations set forth in subsection (4).
(w) Winning Ticket- An official Florida Lottery CASH4LIFE ticket that passes all validation and security requirements and that contains a Winning Play or Winning Plays.
(2) How to Play CASH4LIFE.
(a) In CASH4LIFE, players select five numbers from a field of one through sixty and one number from a separate field of one through four for each Play.
(b) Players may make their CASH4LIFE ticket selections by marking a play slip or by telling the retailer their desired selections. There are five panels on a play slip, each containing an upper play area and a lower play area. Each panel played will cost $2.00 per Play, per drawing. Players may mark their desired numbers on the play slip by selecting six numbers (five in the upper play area and one in the lower play area) from each panel played. Players may also mark the “QP” (Quick Pick) box located at the bottom of each play area for the terminal to randomly select any or all of the six numbers from either or both play areas. A “Void” box is also located at the bottom of each panel and should be marked by the player if an error was made in his or her selections in a panel. For each panel played, the first five of the six numbers appearing in a single horizontal row on a CASH4LIFE ticket shall be the numbers selected from the upper play area of the play slip, and the last number shall be the Cash Ball Number selected from the lower play area of the play slip.
(c) Players may mark the $10 “Quick Picks for next draw” box to receive one ticket with five sets of six randomly selected numbers for the next CASH4LIFE drawing, or may mark the $20 “Quick Picks for next draw” box to receive one ticket with ten sets of six randomly selected numbers for the next CASH4LIFE drawing. Players may mark Quick Picks in addition to panel plays.
(d) Players must use only blue or black ink or pencil for making selections. The use of mechanical, electronic, computer generated or any other non-manual method of marking Play Slips is prohibited. Play slips may be processed through a Florida Lottery full service vending machine or processed by a Florida Lottery retailer to obtain a ticket. Retailers also are authorized to manually enter numbers selected by a player.
(e) Advance Play. Players may play up to twenty-six consecutive CASH4LIFE Drawings by using the “advance play” feature. To use the advance play feature, players may either mark the number of drawings desired in the “Advance Play” section of a play slip or tell the retailer their desired number of consecutive advance drawings. The number of consecutive drawings marked will include the next available drawing and will apply to each panel (A-E) played. In the event that a planned change in the CASH4LIFE game requires that the number of advance plays available for purchase be reduced to zero before implementation of the change, an advance play countdown schedule will be posted on the Florida Lottery’s website.
(3) CASH4LIFE Drawings.
(a) CASH4LIFE Drawings to determine the CASH4LIFE Winning Numbers shall be conducted at the studios of New Jersey Lottery Headquarters (or elsewhere as determined by the Party Lotteries) on Monday and Thursday at approximately 9:00 p.m., ET; however, the day, time or location of Drawings may be modified as determined by the Directors and publicly announced by the Party Lotteries. Substitute Drawings may be held at the discretion of the state holding the Drawing. All drawings shall be public and witnessed by an independent certified public accounting firm.
(b) Manner of Conducting Drawings. The drawing officials will select, at random, with the aid of mechanical devices or any other selection methodology as authorized by the Party Lotteries, the CASH4LIFE Winning Numbers.
(c) Neither the Party Lotteries nor the Florida Lottery shall be responsible for incorrect circulation, publication or broadcast of official Winning Numbers.
(4) Determination of Prize Winners.
In order for a ticket to be a winning ticket, numbers appearing in a single horizontal row (the Player Number Sequence and the Cash Ball Number) on the ticket must match the official CASH4LIFE Winning Numbers in any order for the drawing date for which the ticket was purchased, in one of the following combinations:
(a) Top Prize: Five numbers selected from the first set of balls plus the Cash Ball Number selected from the second set of balls.
(b) Second Prize: Five numbers selected from the first set of balls and not the Cash Ball Number from the second set of balls.
(c) Third Prize: Four numbers selected from the first set of balls plus the Cash Ball number selected from the second set of balls.
(d) Fourth Prize: Four numbers selected from the first set of balls and not the Cash Ball Number from the second set of balls.
(e) Fifth Prize: Three numbers selected from the first set of balls plus the Cash Ball Number selected from the second set of balls.
(f) Sixth Prize: Three numbers selected from the first set of balls and not the Cash Ball Number from the second set of balls.
(g) Seventh Prize: Two numbers selected from the first set of balls plus the Cash Ball Number selected from the second set of balls.
(h) Eighth Prize: Two numbers selected from the first set of balls and not the Cash Ball Number selected from the second set of balls.
(i) Ninth Prize: One number selected from the first set of balls and the Cash Ball Number selected from the second set of balls.
(5) Limited to Highest Prize Won. The holder of a winning ticket may win only one prize per Play in connection with the CASH4LIFE Winning Numbers drawn and shall be entitled only to the prize won by those numbers in the highest matching prize category.
(6) CASH4LIFE Prize Fund. The CASH4LIFE Prize Fund for all prize categories shall consist of fifty-five percent of each drawing period’s sales, but may be higher or lower based upon the number of winners at each prize level and funding required to contribute to the Top or Second Prize.
(7) Prizes, Odds of Winning, Percent of Prize Fund to Be Paid in Prizes. The following table sets forth the prizes, the odds of winning each prize per play, and the percent of each dollar in sales anticipated to be paid in prizes in each prize level:
Prize Level
Prize
Odds of
Winning per Play
Percent of Prize
Fund Anticipated to
Be Paid in Prizes
Top
Annuity Option - $1,000/Day for Life (Paid Annually)*
Cash Option**
1:21,846,048
32.90%
Second
Annuity Option- $1,000/Week for Life (Paid Annually)*
Cash Option**
1:7,282,016
13.80%
Third
$2,500
1:79,440
2.90%
Fourth
$500
1:26,480
1.70%
Fifth
$100
1:1,471
6.20%
Sixth
$25
1:490
4.60%
Seventh
$10
1:83
10.90%
Eighth
$4
1:28
13.00%
Ninth
$2
1:13
14.00%
Total
100.00%
The overall odds of winning a prize in a CASH4LIFE Drawing are 1 in 8.
* Leap Day does not count for purposes of prize calculation.
** The Cash Option amount will be determined as set forth herein.
(8) Prize Liability Limitation. In the event that a Liability Limit would be exceeded for a particular Draw, the prize amounts for Top and Second Prizes shall be adjusted in accordance with a formula established by the Party Lotteries so that the aggregate liability for prizes in such Draw shall not exceed the Liability Limit.
(a) Top Prize – For any drawing, if the total liability exceeds $7,000,000 (there is more than one Top Prize Winning Play), the Top Prize amount for each Winning Play shall be $7,000,000 divided by the number of Winning Plays on Winning Tickets sold.
(b) Second Prize – For any drawing, if the total liability exceeds $5,000,000 (there are more than five Second Prize Winning Plays), the Second Prize amount for each Winning Play shall be $5,000,000 divided by the number of Winning Plays on Winning Tickets sold.
(c) In the event that any single drawing should produce more than seven Top Prize Winning Plays and at least one Second Prize Winning Play, both the Top Prize and Second Prize will become pari-mutuel prizes. The total prize pool to be allocated equally among the total number of Winning Plays in this scenario will total $7,000,000 plus the lesser of $5,000,000 or $1,000,000 multiplied by the number of Second Prize Winning Plays. Each Top Prize and Second Prize Winning Play will share the defined prize pool equally for the cash value, and the Annuity Option will be calculated as set forth in paragraphs (9)(b) and (10)(b).
(9) Top Prize Payment. In any single drawing, a Top Prize shall be divided equally among the number of Top Prize Winning Plays. Except as provided herein, a Top Prize shall be paid either as an annuity ( “Annuity Option”) or lump sum cash payment (“Cash Option”). Top Prize winners have sixty days after the winning draw date to choose between the two payment options. Once the Top Prize winner signs the Winner Claim Form, files a claim and exercises the winner's chosen option, the election of that option shall be final and cannot be revoked, withdrawn or otherwise changed. If the Top Prize winner does not elect the Cash Option within sixty days after the winning draw date, the Annuity Option will be applied, except as provided in subparagraph (9)(b) 2. , below. Shares of the Top Prize shall be determined as follows:
(a) If there is one Top Prize Winning Play, the annuitized Prize value will be $1,000 per day for life, paid in annual installments of $365,000, or a one-time lump sum cash prize payment of $7,000,000.
(b) If there is more than one Top Prize Winning Play and the liability limit is exceeded, the Top Prize will be paid on a pari-mutuel basis. The Top Prize Cash Option shall be a lump sum cash amount equal to $7,000,000 divided by the number of Top Prize Winning Plays for the drawing, rounded down to a whole dollar value. The annual payment amount shall be the pari-mutuel cash value divided by $7,000,000, multiplied by $365,000.
1. If there is more than one and less than or equal to fourteen Top Prize Winning Plays, the minimum annuitized prize value will be $500 a week for life, paid in annual installments.
2. In the event there are fifteen or more Top Prize Winning Plays among the Party Lotteries, no Annuity Option shall be available. Rather, the prize money for the Top Prize shall be $7,000,000 divided equally among all Top Prize Winning Plays and paid in one lump sum payment to each winner. The minimum Top Prize shall not be less than any prize payout for the second through the ninth prizes for the same CASH4LIFE Drawing.
(10) Second Prize Payment.
(a) Except as provided herein, a Second Prize shall be paid either as an annuity ( “Annuity Option”) or lump sum cash payment (“Cash Option”). Second Prize winners have sixty days after the winning draw date to choose between the two payment options. Once the Second Prize winner signs the Winner Claim Form, files a claim and exercises the winner's chosen option, the election of that option shall be final and cannot be revoked, withdrawn or otherwise changed. If the Second Prize winner does not elect the Cash Option within sixty days after the winning draw date, the Annuity Option will be applied, except as provided in paragraph (10)(b), below. For each Second Prize Winning Play, the annuitized prize value will be $1,000 per week for life, paid in annual installments of $52,000, or a one-time lump sum cash prize payment of $1,000,000, unless a liability limit would be exceeded.
(b) If a liability limit is exceeded for the Second Prize, the Second Prize shall be paid on a pari-mutuel basis. The Second Prize Cash Option shall be an amount equal to $5,000,000 divided by the number Second Prize Winning Plays. The Annuity Payment amount shall be the pari-mutuel cash value of the Winning Play divided by $1,000,000 multiplied by $52,000. If the liability limit is exceeded and the annuity prize value of a Second Prize falls below $500 per week for life, then all Second Prize Winning Plays will be paid in a single lump sum cash payment and no annuitized payment option will be available. The minimum Second Prize value shall not be less than any prize payout for the Third through the Ninth Prize levels for the same CASH4LIFE Drawing.
(11) Annual Payment Schedule. The winner of a Top Prize or Second Prize who elects the Annity Option will receive the first full annual installment as soon as reasonably possible after the prize claim is validated. All subsequent annual payments for prizes claimed by an individual will be paid in equal annual installments for the Measuring Life of the winner, with a minimum of twenty years of payments. All subsequent annual payments for prizes claimed by a trust, corporation or other legal entity shall be paid in equal installments, such that the total payments (including the initial installment) equal twenty years of payments.
(12) Third through Ninth Prize Payment. The Third through Ninth Prizes will be paid as Set Prizes and paid in one single cash payment.
(13) Prizes Rounded Down to Nearest Whole Dollar. All prize levels will be rounded down to the nearest whole dollar.
(14) Life Annuity Requirements and Restrictions. An Annuitant will be paid their appropriate Top Prize share or Second Prize share on an annual basis for their Measuring Life, or for the twenty year term of the Guaranteed Annuity Portion whichever is longer. At the end of the guaranteed twenty year payment period, Annuitants will be required to provide required evidence to the Lottery that they are still living in order to receive any Deferred Annuity Portion Installments. Annuitants will be required to provide such evidence on an annual basis prior to receipt of their next scheduled payment. In the event that an Annuitant dies within the twenty year Guaranteed Annuity Portion, any remaining prize payments in the Guaranteed Annuity Portion will be paid 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.
(15) Interest or Earnings accruing on a CASH4LIFE prize. Any interest or earnings accruing on a CASH4LIFE prize prior to the prize payment shall accrue to the Florida Lottery and not to the winner.
(16) Taxes. Federal withholding taxes shall be deducted from prizes for which it is applicable in accordance with the Internal Revenue Code and Code of Federal Regulations.
(17) CASH4LIFE Rules and Prohibitions.
(a) By purchasing a CASH4LIFE ticket, a player agrees to comply with and abide by all rules of the Florida Lottery.
(b) All liabilities for a CASH4LIFE prize are discharged upon payment of a prize claim. All claims arising out of the CASH4LIFE game must be pursued only against the State of ticket purchase, and litigation, if any, shall only be maintained against the Party Lottery of the State of ticket purchase and within the State of ticket purchase as the sole and exclusive remedy of the claimant.
(c) Florida CASH4LIFE prizes shall be claimed only through a Florida Lottery retailer (for prizes less than $600) or Lottery office beginning on the first business day following the drawing. Top Prizes and Second Prizes must be claimed at Lottery headquarters. The Lottery is not authorized to accept claims or pay prizes for CASH4LIFE tickets purchased in other jurisdictions. CASH4LIFE prize payments shall be made in accordance with the rule of the Florida Lottery governing payment of prizes. A copy of the current rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
(d) Subject to a retailer’s hours of operation and on-line system availability, CASH4LIFE lottery tickets are available for purchase daily between the hours of 6:00 a.m. and 12:00 midnight, ET. Ticket sales for a specific CASH4LIFE Drawing will close at 8:30 p.m., ET, on the night of the drawing. Any ticket sold after the close of game will be printed with the next CASH4LIFE Drawing date.
(e) CASH4LIFE tickets cannot be canceled.
(18) The effective date of this emergency rule is July 1, 2017.
Rulemaking Authority 24.105(9)(a), (b), (c), (e), (f), (h), 24.109(1), 24.115(1) FS. Law Implemented, 24.105(9)(a), (b), (c) (e), (f), (h), 24.115(1), FS. History—New 7-1-17, Replaces 53ER17-7.
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:7-1-17.