POWERBALL® New Year’s Eve Promotion

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER19-47POWERBALL® New Year’s Eve Promotion

SUMMARY: This emergency rule describes the POWERBALL® New Year’s Eve 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 New Year’s Eve 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:

 

53ER19-47 POWERBALL® New Year’s Eve Promotion.

(1) Beginning August 1, 2019 through August 31, 2019 (“Promotion Period”) the Florida Lottery will conduct the POWERBALL® New Year’s Eve Promotion (“Promotion”). Players who purchase a POWERBALL® or POWERBALL® with Power Play® ticket, including POWERBALL tickets associated with a Jackpot Combo play (collectively “POWERBALL ticket’) of any price point can scan the barcode on their tickets using the Florida Lottery Collect ‘N Win app on a smartphone or tablet or can manually enter the ticket number through the Florida Lottery’s website (flalottery.com) to collect symbols and earn entries into a drawing for a chance to win a New Year’s  Eve VIP Experience (“VIP Experience”) prize. Both winning and non-winning POWERBALL tickets of any value may be used to enter the Promotion. Only POWERBALL tickets purchased during the Promotion period may be used to enter the Promotion.

(2) How to Participate.

(a) Florida Lottery Collect ‘N Win App Download and Registration. A player may participate in the Promotion by downloading the free Florida Lottery Collect ‘N Win app at the App Store for iOS devices, or for other devices including Android smartphones, the app is available to download from the Florida Lottery’s website at flalottery.com/nyre. 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 and click on “Sign in with email,” “Sign in with Facebook,” or “Sign in with Twitter” to log in. After logging in, a “Register” page will be displayed. Players must register their contact information one time upon first usage to activate their account. 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. After confirming registration, a player may log in. Thereafter, the player may directly log in by selecting his or her preferred “Sign in” method. Players that have participated in a previous Florida Lottery Collect ‘N Win Promotion (POWERBALL® Power Cruise™ Promotion, Game Day Cash Promotion, Fast Play™ Replay Second Chance Promotion, or Cold Hard Cash Second Chance Promotion) need not re-register and may directly log in.

(b) Web Browser. A player may participate in the Promotion via web browser by visiting the Florida Lottery’s homepage, flalottery.com, clicking on the New Year’s Eve Promotion banner and following the directions, or by going directly to flalottery.com/nyre 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.

(c) 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.

(a) Prior to entering tickets, a player should verify that he or she has successfully navigated to the “Enter Tickets” page for the POWERBALL® New Year’s Eve Promotion. The “Select Promo” button from the navigation bar can be used by a player to select the POWERBALL® New Year’s Eve Promotion or other promotion(s) to participate in; however, a player must be in the POWERBALL® New Year’s Eve Promotion view to enter tickets, collect symbols, and earn entries into the POWERBALL® New Year’s Eve Promotion. All tickets entered, symbols collected, and entries earned within a promotion view will remain in that view and cannot be transferred between promotions.

(b) 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/nyre. Four game cards will appear on the screen. Each game card contains four spots to collect the four symbols. A POWERBALL ticket number entered will randomly generate a quantity (2, 4, 6, 8, or 10) of symbols and place them automatically in an available game card. When all four symbols have been collected on a game card, the player will earn one entry into the drawing. The number of tickets needed to generate one entry can range from one ticket entered up to a maximum of seven tickets entered. When a filled game card generates an entry into a drawing, the symbols will be cleared on that game card, and a player can begin collecting more symbols. A player may earn multiple entries during the entry 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 to earn entries for one drawing. The purchase price of a ticket does not affect the number of symbols generated or the number of entries produced. 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 lottery tickets should not be mailed to the Lottery for entry into a Promotion drawing. POWERBALL lottery tickets received in the mail by the Florida Lottery will not be entered into a drawing and will not be returned.

(4) Coupons. During the Promotion Period, 4,000 buy one get one coupons will be generated for every “nth” ticket scanned or entered statewide up to approximately 129 coupons per day. When an nth ticket is generated, a coupon will be added to the “My Coupons” section of the “Coupons” page of the player’s account. 1,000 of each of the following coupons will be randomly generated during the Promotion:

(a) Buy one $6 POWERBALL with Power Play ticket, get a free $1 PICK 2™ straight/box Quick Pick ticket.

(b) Buy one $6 POWERBALL with Power Play ticket, get a free $1 PICK 3™ straight/box Quick Pick ticket. 

(c) Buy one $6 POWERBALL with Power Play ticket, get a free $1 PICK 4™ straight/box Quick Pick ticket. 

(d) Buy one $6 POWERBALL with Power Play ticket, get a free $1 PICK 5™ straight/box Quick Pick ticket.  Coupons may be redeemed by players at a Florida Lottery retailer or a Florida Lottery District Office by presenting the coupon barcode on their mobile device for scanning, or players may redeem the coupon by printing the coupon from the website and presenting a hardcopy. Coupons may not be redeemed by mail. Coupons are valid for one use only and must be redeemed by 11:59:59 ET on October 31, 2019. The odds of winning a coupon depend on the number of tickets entered per day.

(5) Drawing and Number of Prizes. The Florida Lottery will conduct one drawing in the Promotion. Prizewinners for the drawing will be randomly selected from entries submitted and received before midnight ET on August 31, 2019. Prizewinners will be randomly selected using a certified random number generation process. The drawing shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The drawing date and entry period is as follows:

Drawing	Drawing Date	Entry Period
1	September 4, 2019	August 1, 2019 – August 31, 2019

In the drawing, the Florida Lottery will select a total of one hundred entries. The first fifty valid entries drawn will win a VIP Experience prize. The remaining valid entries drawn will be alternates and used in the order in which they were drawn and in the order of need to select an alternate prizewinner in the event a prizewinner cannot be notified or fails to timely provide required claim documentation as set forth in subsection (7) below.  A total of fifty VIP Experience prizes will be available.

(6) Prizewinner Notification.

(a) The prizewinners in the drawing will be announced and posted on flalottery.com on September 9, 2019, or as soon as thereafter as practicable.

(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 five business days 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 select an alternate prizewinner in accordance with subsection (5) above. If the Florida Lottery is unable to have contact by email or telephone with the alternate prizewinner within five business days of the date of notification, the alternate prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will select 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 prizewinner or an alternate prizewinner to timely provide required claim documentation as set forth in subsection (7) below. Notwithstanding the foregoing notification attempt provisions, the Florida Lottery will not continue notification attempts past October 11, 2019, 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 October 11, 2019, the prize will not be awarded.

(7) How to Claim a Prize. To claim a prize in the drawing, a 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, Acknowledgement and Authorization form DOL-474-NYRE, Effective 8/19, or Spanish Release, Acknowledgement and Authorization form DOL-474S-NYRE, Effective 8/19. Forms DOL-173-2, DOL-173-2S, DOL-474-NYRE and DOL-474S-NYRE 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/nyre or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Forms DOL-474-NYRE and DOL-474S-NYRE can be obtained from any Florida Lottery office, from flalottery.com/nyre 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 seven business days after the Florida Lottery has first made contact by telephone or email with the prizewinner. If the Florida Lottery does not receive the required documents from a prizewinner by the seventh business 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 (5) and (6), above. The same timeframe for a prizewinner 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 ticket(s) he or she scanned or manually entered to generate an entry to claim a prize.

(8) Award of Prizes.

(a) Upon receipt of a prizewinner’s required documentation, the Florida Lottery will award a prize of a four-day VIP Experience trip to New York City (or NYC) for the opportunity to be announced live on Dick Clarks’ New Year’s Rockin’ Eve broadcast as the First POWERBALL Millionaire of the YearSM. The Florida Lottery will provide the prizewinner a certificate describing the prize and containing the name and contact information for the prizewinner to make reservations and obtain all necessary information to utilize the prize elements in the VIP Experience. The fulfillment company will fulfill all the elements contained in the VIP Experience prize. The VIP Experience prize consists of the following:

1.  Round-trip, coach-class airline transportation for two people from the commercial airport nearest the prizewinner’s residency to NYC (if within 200 miles of NYC, ground transportation to be substituted);

2. Three nights’ hotel accommodations at the Crowne Plaza Times Square Manhattan hotel (or such other similar comparable hotel in and around Times Square as determined by the fulfillment company) in NYC (double occupancy, room tax, and required fees only);

3.Two tickets to an iconic New York City show on December 30, 2019;

4. Two tickets for a holiday dinner cruise on the Hudson River on December 30, 2019;

5. Two tickets for an exclusive New Year’s Eve dinner and party (including view of the ball drop) on New Year’s Eve;

6. Two gift bags, each with a retail value of at least One Hundred Dollars ($100);

7. All meals (breakfast, lunch, dinner) while in NYC;

8. Spending money in the amount of Two Hundred Fifty Dollars ($250) (in the form of a pre-loaded card);

9. Ground transportation to and from airports, hotel, and activities while in NYC; 

10. Entry into the preliminary finalist drawing for a chance to be selected as one of five finalists in the $1 Million Prize drawing;

11. If selected as a finalist in the preliminary drawing, entry into the $1 Million Prize drawing for a for a chance to win $1 Million; and   

12. Payment of federal income tax withholding on the total retail value of the VIP Experience prize elements described in subparagraphs 1. through 11., 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 VIP Experience prize and the reportable taxable value of the prize for a U.S. citizen are as follows:

Retail Value of VIP Experience	Reportable Taxable Value of VIP Experience
$15,000	$19,736.84

 

(b) To participate in the trip portion of the prize, the prizewinner must travel to New York City, New York, on or about December 29, 2019 and return to the prizewinner’s original departure city on or about January 1, 2020. The trip portion of the prize includes those items set forth in subparagraphs (8)(a) 1.-7. and 9. above. If the prizewinner chooses not to travel or becomes unavailable for any reason, the prizewinner may appoint a proxy, provided there is sufficient time, by completing a Proxy Appointment and Acknowledgement form DOL-491-B, Revised 8/19. The form must be received by the Lottery by November 1, 2019. 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 the prizewinner or appointed proxy fails to book the trip prior to the booking deadline of December 1, 2019, the prizewinner will be responsible for paying any additional charges imposed for changing arrangements. In the event a proxy is appointed, the original prizewinner shall receive the $250 pre-loaded card; entry into the preliminary drawing, and if selected as a finalist, entry into the $1 Million Prize drawing; and the entire value of the VIP Experience prize shall remain taxable income to the original prizewinner. Should the proxy, for any reason, be unable to travel, neither the prizewinner nor the proxy may appoint another proxy; and the trip portion of the prize shall be forfeited. In such case, however, the prizewinner will still receive the $250 pre-loaded card; entry into the preliminary drawing; and if selected as a finalist, entry into the $1 Million Prize drawing, and the entire value of the VIP Experience prize shall remain taxable income to the original prizewinner.

(c) If the prizewinner claims the prize with the Florida Lottery but fails to make travel arrangements with the fulfillment company by December 1, 2019, the VIP Experience shall be forfeited except for the $250 pre-loaded card. The $250 pre-loaded card will be mailed to the prizewinner immediately after the booking timeframe has passed and the entire value of the VIP Experience prize will remain taxable income to the prizewinner.

(d) If the prizewinner resides fewer than two hundred miles from New York City, New York, ground transportation will be provided in lieu of airline transportation. 

(e) The prizewinner and his or her guest (“Guest”) must travel on the same itinerary.

(f) If the prizewinner is under the age of twenty-one, the Guest must be at least the age of majority in the Guest’s state of residence. If the prizewinner is twenty-one or older, the Guest may be under the age of eighteen but must be at least thirteen years old (as of the first date of travel), and if the Guest is a minor in the Guest’s state, the prizewinner must be the parent or legal guardian of the Guest.

(g) All expenses involved with or related to the trip portion of the prize not specifically included in the description of the trip portion of the prize, including ground transportation, transfers, additional hotel amenities (e.g. spa services, internet access, phone calls, laundry services, room service), hotel fees and gratuities, airline change fees, airline premium seat fees, airline baggage fees (both checked and carry on), travel insurance and personal expenses such as laundry, valet service, photos, souvenirs, and other incidentals, are the responsibility of the prizewinner and the Guest.

(h) The prizewinner will be required to submit a valid major credit card to the hotel to cover all expenses not specifically awarded as part of the trip portion of the prize.

(i) The date and location of any of the events or activities included in the trip portion of the prize (“Events”) are subject to change. If any Event is delayed, postponed, or canceled for any reason, in whole or in part, the prizewinner will not receive compensation in lieu of any such delayed, postponed, or canceled element of the VIP Experience prize. 

(j) Except as provided herein for a proxy, no prize element substitution, cash substitution, assignment, or transfer of the trip portion of the prize or any elements thereof is permitted. Any unused elements of the trip portion of the prize will be forfeited, will not be redeemable for cash, and will not reduce the VIP Experience prize value awarded for tax purposes. 

(k) Notwithstanding the foregoing, if the prizewinner misses his or her flight, reasonable efforts will be used to reschedule the flight at the prizewinner’s expense. If the flight is not able to be rescheduled in a reasonable time for prizewinner’s participation in the Events, the prizewinner shall:

1. forfeit and not participate in the trip portion of the prize;

2. receive the $250 pre-loaded card; and

3.  remain eligible for the $1 Million Prize drawing.

(l) If the prizewinner is unable to travel in connection with the VIP Experience for any reason after tickets have been booked, the prizewinner shall: 

1. forfeit and not participate in the trip portion of the prize;

2. receive the $250 pre-loaded card; and

3. remain eligible for the $1 Million Prize drawing.

(m) Regardless if the prizewinner fails to attend the Event at which the $1 Million Prize drawing occurs; the prizewinner will remain eligible for the $1 Million Prize drawing. 

(n) A proxy may be appointed to accept the $1 Million Prize on the prizewinner’s behalf at the time of the drawing; however, in such event, the prizewinner will still receive the $1 Million Prize (less any tax withholdings and outstanding debt setoff, if applicable).

(o) Prizewinners who do not elect to take a Guest, or whose Guest, for any reason, does not actually take the trip, are still subject to the full amount of any taxes due on the total value of the VIP Experience prize. 

(9) Preliminary Finalist Drawing and $1 Million Prize Drawing. All prizewinners, including prizewinners from other Lotteries participating in their states’ New Year’s Eve Promotion, will be entered into a preliminary finalist drawing anticipated to be conducted on or about December 29, 2019, in which five finalists will be selected for the $1 Million Prize drawing. The $1 Million Prize drawing is anticipated to be conducted on or about January 1, 2020, in which one $1 Million prize will be awarded. A prizewinner is not required to be present at the preliminary finalist drawing to be entered or selected in the preliminary finalist drawing, nor is a finalist required to be present at the $1 Million Prize drawing to be entered or selected in the $1 Million Prize drawing. Both the preliminary finalist drawing, and the $1 Million Prize drawing will be conducted by the Multi-State Lottery Association (MUSL) using a certified random number generation process. Drawings will be witnessed by an independent auditor employed by an independent certified public accounting firm. The finalists selected in the preliminary finalist drawing will be announced on or about December 29, 2019. The $1 Million prizewinner will be announced on or about January 1, 2020. The odds of being selected as a finalist depend on the total number of valid eligible entries (which includes entries from other participating Lotteries) in the preliminary finalist drawing. The odds of a finalist winning the $1 Million Prize in the $1 Million Prize drawing are 1 in 5.

(10) Payment of $1 Million Prize and State-Owed Debt. If the prizewinner in the $1 Million Prize drawing is a Florida winner, the prizewinner will be required to complete a Winner Claim Form DOL-173-2, Revised 9/13, or Spanish Winner Claim Form DOL-173-2S, Revised 9/13, and provide a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes in order to claim the prize. 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. The prizewinner will be analyzed for Florida state-owed debt. If the prizewinner is identified as owing any outstanding debt to any state agency or owes 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 less than $1 Million, the balance of the prize less applicable income tax withholding and after the debt is offset shall be awarded. If the debt is an amount greater than $1 Million, the entire prize amount after applicable income tax withholding will be applied to the outstanding debt. If the prizewinner in the $1 Million Prize drawing does not have outstanding state-owed debt, the $1 Million Prize will be awarded less applicable income tax withholding. Payment of the prize will be made in accordance with the rule of the Florida Lottery governing payment of prizes. Applicable tax forms for the $1 Million Prize will be issued by the Florida Lottery to the prizewinner separately from the tax forms for the VIP Experience prize.

(11) Taxes. Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on VIP Experience prizes and, if applicable, the $1 Million Prize, 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) 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.

(c) Persons prohibited by Section 24.116, Florida Statutes, from purchasing a Florida Lottery ticket are not eligible to enter the POWERBALL® New Year’s Eve Promotion.

(d) By entering the POWERBALL® New Year’s Eve 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- 8-1-19.

 

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: August 1, 2019.