Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER08-26: Indiana Jones™ Second Chance Drawing
SUMMARY: The Department of the Lottery will conduct an Indiana Jones Second Chance Drawing between May 6, 2008 and July 25, 2008, in which special prizes will be awarded.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, Capitol Complex, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER08-26   Indiana Jones™ Second Chance Drawing.

(1) Beginning May 6, 2008, players can enter their non-winning Indiana Jones™ ticket(s) in the Indiana Jones Second Chance Drawing on the Florida Lottery website to win authentic Indiana Jones merchandise prize packs.

(2) To enter a non-winning Indiana Jones ticket into the Indiana Jones Second Chance Drawing, players must visit the Florida Lottery’s website at www.flalottery.com, click on the Indiana Jones Second Chance Drawing icon and follow the directions to input their non-winning ticket number(s). The ticket number is a 22-digit number printed across the bottom on the front of an Indiana Jones ticket. The odds of winning are dependent upon the number of entries received. Players may enter as many times as they wish during the contest period. However, each valid ticket number may only be used one time for one entry into the drawings. Winning Indiana Jones tickets cannot be used for entry into a Second Chance drawing.

(3) Computerized drawings will be held on Friday, May 16 and 30, June 13 and 27, July 11 and 25, 2008, and the second Wednesday after the last day of sales of Indiana Jones scratch-off game #756. Entries received before 12:00 midnight ET on the night before the first drawing will be included in the first drawing. Thereafter, entries received between the entry cutoff time for one drawing and 12:00 midnight ET on the night before the next subsequent drawing will be included in the subsequent drawing. A total of 300 entries will be drawn during each Indiana Jones Second Chance Drawing. The merchandise prize pack, valued at $583, includes one (1) each of the following: Indiana Jones 100% wool brown fedora hat, genuine cowhide leather jacket, long-sleeve Explorer shirt, leather satchel and Indiana Jones t-shirt.

The 300 prizewinners in each Second Chance Drawing will be posted on the Lottery’s website, www.flalottery.com, by 3:00 p.m. on the day of the draw. Winners will have 180 days from the draw date to claim their prize. The Florida Lottery will attempt to notify prizewinners using contact information submitted on the player registration; however, the responsibility of claiming a prize remains with the player. Indiana Jones merchandise prize packs will be shipped to the winner’s address within approximately 15 business days after the winning ticket has been received by the Lottery. Unclaimed prizes, if any, will be used for future Florida Lottery promotional prizes.

(4) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim an Indiana Jones Second Chance Drawing prize, the player must submit to the Lottery the original valid non-winning ticket bearing the entry number selected in the drawing. Without such ticket, the player will forfeit his or her right to claim a prize. Winners must submit the valid entry ticket along with a completed Winner Claim Form and Acceptance and Release form to the Florida Lottery. Winners who cannot produce a valid entry ticket and/or do not return their Winner Claim Form as set forth above will forfeit their right to claim the prize. The Winner Claim Form DOL 173-2, revised 12/07, and the Spanish Winner Claim Form DOL 173-2S, revised 12/07, are incorporated herein by reference and may be obtained at any Lottery office or retailer, from the Florida Lottery’s website at www.flalottery.com, or by writing the Florida Lottery, Public Information, 250 Marriott Drive, Tallahassee, Florida 32399-4016. The Acceptance and Release form DOL-456, effective 3/08, is incorporated herein by reference and may be obtained at any Lottery office or retailer, or by writing the Florida Lottery, Public Information, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

(5) No cash option is available in lieu of the prizes.

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

(7) All federal, state and/or local taxes or other fees will be the responsibility of the winner. A nonresident alien who is selected as a winner will be awarded the cash value of the prize in lieu of the prize. Federal income taxes will be withheld from the prize amount at the rate of thirty percent (30%) pursuant to applicable provisions of the Internal Revenue Code. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien.

(8) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder. Prizes will be paid in accordance with the rules 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.

(9) 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.

(10) A player entering into the Indiana Jones Second Chance Drawing 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.

(11) The Indiana Jones Second Chance Drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of the drawing will be available after the drawing on the Florida Lottery’s Website at flalottery.com, by phone at (850)487-7777, or at a Lottery retailer.

Specific Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 5-2-08.

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: May 2, 2008