Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER08-15: Promotional Events
SUMMARY: This emergency rule sets forth the provisions for the award of prizes at special promotional events conducted by the Lottery.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER08-15 Promotional Events.

(1) The Lottery is authorized to conduct various promotional events in connection with the promotion of lottery games.  Such events involve the award of prizes through drawings or other contests. The awarding of prizes at a promotional event does not itself constitute a lottery game. This rule sets forth the provisions for the award of prizes at a promotional event.

(2) The following information, if applicable, shall be made readily available to the participants at the time and location of the event and in connection with any pre-event method of entry into the drawing or other contest:

(a) Date and time of the drawing or other contest;

(b) Price and method of entry into the drawing or other contest;

(c) Deadline for entry into the drawing or other contest;

(d) Number and description of prizes to be awarded;

(e) Any drawing or other contest restrictions (e.g. must be present to win);

(f) Drawing or other contest procedures;

(g) Determination of prize winners;

(h) Method of claiming prizes;

(i) Prize delivery provisions.

(3) A person designated by the Lottery shall conduct promotional drawings or other contests.  All drawings and contests will be open to the public.

(4) Odds of winning a prize are dependent upon the number of entries received.

(5) All promotional contest participants must be at least 18 years of age.

(6) Persons prohibited by Section 24.116, Florida Statutes, from purchasing a Florida lottery ticket are not eligible to win a promotional prize.

(7) Entry into any promotional contest constitutes permission for the Florida Lottery to photograph and/or videotape and record the prize winner with or without prior notification and to use the name, photograph, videotape, and/or recording of the prize winner for advertising or publicity purposes without additional compensation.

(8) All entries and prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder. Entry into a promotional contest constitutes agreement to abide by the official rules of the promotion.

(9) If the value of the promotional prize equals $600 or more, the value will be reported to the Internal Revenue Service as income. Payment of any federal income tax and any additional federal, state and/or local taxes is the responsibility of the winner.

Specific Authority 24.109(1), 24.107(1) FS. Law Implemented 24.107(1) FS. History–New 2-28-08.

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: February 28, 2008