Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER08-85: Florida POWERBALL® Power Play® Retailer Sales Promotion
SUMMARY: Effective January 4, 2008 through February 14, 2009, the Florida Lottery will conduct Florida POWERBALL® Power Play® Retailer Sales Promotion.
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:

53ER08-85 Florida POWERBALL® Power Play® Retailer Sales Promotion.

(1) Effective January 4, 2009 through February 14, 2009, the Florida Lottery will conduct a Florida POWERBALL and POWERBALL with Power Play Retailer Sales Promotion. Florida Lottery retailers that sell a minimum of $800 a week in combined POWERBALL and POWERBALL with Power Play sales will be eligible to win $1,000. Two categories of prizes will be awarded in each of the six sales contest weeks in each sales district:

(a) Highest Power Play sales volume for the week, and

(b) Highest percentage of Power Play to POWERBALL sales for the week.

The sales contest weeks shall run from Sunday through Saturday.

(2) The retailer with the highest volume of Power Play sales each week in each of the Florida Lottery’s nine sales districts will be awarded $1,000. If multiple retailers within a district sell the same number of Power Play tickets, a $1,000 prize will be awarded to up to three additional retailers per district. If more than four retailers’ sales are exactly the same, the maximum $4,000 prize pool shall be shared equally by the tied retailers.

(3) Retailers whose weekly Power Play sales represent the highest percentage of the POWERBALL sales in their sales district will be weekly winners of $1,000. Example: If retailer A and retailer B both sold $1,000 in POWERBALL sales for the week but retailer A’s Power Play sales were $350 (35%) and retailer B’s Power Play sales were $500 (50%), retailer B would be a weekly winner.

The following number of retailers will be awarded prizes each week in the designated sales districts: 3 in Tallahassee and Pensacola, 4 in Jacksonville, Gainesville, Ft. Myers and West Palm Beach, 5 in Orlando and Tampa, and 6 in Miami. In the event of ties as described below, an additional 3 prizes per district may be awarded each week.

(4) A tie for a prize will occur when two or more retailers achieve identical Power Play sales percentages calculated to four decimal places. If two or more retailers tie for the highest or an intermediate level sales percentage, the prize amounts for the number of tied retailers, if sufficient, will be combined and shared equally by the retailers. If two or more retailers tie for the lowest prize-winning sales percentage, a $1,000 prize will be awarded to up to three additional retailers per district. If more than four retailers tie for the lowest prize-winning sales percentage, the maximum $4,000 prize pool will be shared equally by the tied retailers.

(5) Retailers are eligible to win in both categories and in multiple sales weeks.

(6) All weekly contest winners will be automatically entered into a Grand Prize Drawing for a chance to win $20,000 at the end of the contest period. The Grand Prize Drawing will be held on February 18, 2009 from among the 282 weekly retailer winners. One statewide winner will receive a grand prize of $20,000. Retailers winning in multiple categories and/or sales weeks will receive an entry into the Grand Prize Drawing for each category and week they are a winner.

(7) Retailers will receive their sales contest prize checks within approximately three weeks after the applicable contest week. The Grand Prize winner will receive its check within approximately three weeks after the drawing.

(8) Retailers whose Florida Lottery contracts are terminated or inactivated prior to award of the sales contest prize shall be paid the prize provided the termination or inactivation was not due to non-compliance with Florida Lottery laws, rules or contract terms.

(9) A sales contest prize will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply the sales contest prize earned against a retailer’s outstanding debt to the Florida Lottery.

Specific Authority 24.105(9)(i), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 12-30-08.

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: December 30, 2008