Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER08-59: Florida Gator® “VIP” Experience Second Chance Drawing.
SUMMARY: The Department of the “VIP” Experience Second Chance Drawing®Lottery will conduct a Florida Gator between October 10, 2008 and December 2, 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:

53ER08-59 Florida Gator® “VIP” Experience Second Chance Drawing.

(1) Beginning Friday, October 10, 2008, players can enter their non-winning Florida Lottery “Big Riches” scratch-off tickets in the Florida Gator® “VIP” Experience Second Chance Drawing on the Florida Lottery Website to win one (1) of two (2) prizes containing University of Florida (“Florida Gators”) football tickets, gift cards and Florida Lottery scratch-off tickets.

(2) One (1) Florida Gator® “VIP” Experience Second Chance Drawing to award both prizes will be held on December 2, 2008, from entries received by midnight on Saturday, November 29, 2008. The prizes to be awarded are as follows:

First Prize: Trip for two (2) to the bowl game in which the Florida Gators play at the conclusion of the 2008-2009 season*, including two (2) tickets to the bowl game, one (1) hotel room for two (2) nights, two (2) round trip Delta airlines tickets from anywhere in the U.S. to the city where the game will be played, one (1) rental car for two (2) nights, two (2) University of Florida hats and polo shirts, and $150 in Florida Lottery scratch-off tickets. (Value – $2,020.00).

Second Prize: Tailgate party package – to include one (1) 27” flat screen color TV, one (1) compact beverage refrigerator, one (1) gas grill, one (1) autographed football by Urban Meyer, and $150 in Florida Lottery scratch-off tickets. (Value – $1,000.00).

* If the Florida Gators do not play in a bowl game at the conclusion of the 2008-2009 season, or if the first prize is not claimed in time for the winner to use the trip for the 2008-2009 bowl game, the trip will be for the next end of season bowl game in which the Florida Gators play. Bowl game package does not include tickets to the National Championship Bowl Game. In the event the Florida Gators play in the 2008-2009 National Championship Bowl Game, the trip will be for the next end of season bowl game in which the Florida Gators play.

(3) To enter a non-winning ticket in the Florida Gator® “VIP” Experience Second Chance Drawing, players must visit the Florida Lottery’s Website at www.flalottery.com, click on the Florida Gator® “VIP” Experience Second Chance Drawing icon and follow the directions. Winning “Big Riches” tickets cannot be used for entry into a second chance drawing. 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 (1) time. Only one (1) prize will be awarded per person. Non-winning tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned.

(4) A total of four (4) entries will be drawn in the drawing. The first entry drawn will win the first prize, the second entry drawn will win the second prize, and the third and fourth entries drawn will be alternates. The two (2) prizewinners will be posted on www.flalottery.com by 3:00 p.m. on December 2, 2008. The Florida Lottery will attempt to notify prizewinners by telephone, certified mail or e-mail no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a prize winner within three (3) weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the Florida Lottery will attempt to award the prize to an alternate winner in the order in which they were drawn. If the Florida Lottery is unable to contact an alternate winner within three (3) weeks of forfeiture by the initial winner, the alternate winner will forfeit his or her right to claim the prize and the prize will not be awarded. Florida Gator® “VIP” Experience merchandise and lottery tickets 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 will remain the property of the donor company. Florida Lottery tickets will not be mailed to addresses outside the state of Florida. Winners with addresses outside the state of Florida will receive a check for $150 in lieu of lottery tickets.

(5) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a Florida Gator® “VIP” Experience Second Chance Drawing prize, the player must submit to the Florida 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 DOL-173-2 or DOL-173-2S, as referenced in Rule 53ER08-20, F.A.C., a copy of acceptable identification and a completed Release and Authorization form DOL-474, Eff. 10/08, to the Florida Lottery within two (2) weeks of notification by the Lottery of their selection as a winner. Form DOL-474 is hereby incorporated by reference and can be obtained from any Lottery office or on the Lottery’s Website www.flalottery.com. Winners who cannot produce a valid entry ticket and/or do not return the required documents as set forth above will forfeit their right to claim the prize.

(6) All federal, state and/or local taxes or other fees 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. Because the prizes in this promotion are in kind donations and there is no cash from which to withhold taxes, a nonresident alien claimant who is selected as a winner will be required to pay the withholding tax or forfeit the prize. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien winner.

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

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

(9) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder. Prizes will be paid in accordance with the rules of the Florida Lottery governing payment of prizes. Copies of the current prize payment rule and the Florida Gator® “VIP” Experience Second Chance Drawing rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

(10) Players must be at least 18 years of age. Persons prohibited by Section 24.116, F.S., from purchasing a Florida Lottery ticket are not eligible to play.

(11) A player entering the Florida Gator® “VIP” Experience 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.

(12) The Florida Gator® “VIP” Experience Second Chance Drawing 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 www.flalottery.com, by phone at (850) 487-7777 and at Florida Lottery retailers.

Specific Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 10-9-08.

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: October 9, 2008