53ER09-14: Billion Dollar Blockbuster Second Chance Drawing.
SUMMARY: The Department of the Lottery will conduct a Billion Dollar Blockbuster Second Chance Drawing between March 21 and May 10, 2009, 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:
53ER09-14 Billion Dollar Blockbuster Second Chance Drawing.
(1) Beginning Saturday, March 21, 2009 through Sunday, May 10, 2009, players can enter their non-winning Billion Dollar Blockbuster scratch-off ticket(s) in the “Over A Billion Reasons to Play” Second Chance Drawing on the Florida Lottery website to win a new 2010 Ford Mustang® V6 Convertible or $50 in Florida Lottery coupons redeemable for Florida lottery tickets.
(2) To enter a non-winning Billion Dollar Blockbuster ticket into the “Over A Billion Reasons to Play” Second Chance Drawing, players must visit the Florida Lottery’s website at www.flalottery.com, click on the “Over A Billion Reasons to Play” Second Chance icon and follow the directions to input their non-winning ticket number(s). The ticket number is a 24-digit number printed below the play instructions on the front of a Billion Dollar Blockbuster 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. Entries received before 12:00 midnight ET on the night before a drawing will be included in the drawing. Each entry will be included in all drawings held subsequent to the date of entry and may win multiple prizes, except that an entry that is selected as a grand prize winner in a drawing will not be included in any subsequent drawings. Winning Billion Dollar Blockbuster tickets cannot be used for entry into a second chance drawing.
(3) Computerized drawings will be held on Monday, April 6, 13, 20 and 27, and May 4 and 11, 2009 to award a total of six (6) Ford Mustangs and 30,000 prizes of $50 in Florida Lottery coupons. A total of 5,001 entries will be drawn during each second chance drawing. The first entry drawn will win a Ford Mustang V6 Convertible. The second through 5,001st entries drawn will win Florida Lottery coupons valued at $50.00.
The results of each weekly drawing will be posted on the Lottery’s website, www.flalottery.com, after 3:00 p.m. on the day of the draw. Vehicle winners will have 180 days from the applicable 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. The 2010 model year will be awarded if it is still in production at the time the Mustang prize is claimed; if not, the 2011 model year will be awarded. The right to claim a prize cannot be assigned to another person or entity.
The Florida Lottery coupon prize winners will be notified by email within approximately ten business days after the winning draw date and provided instructions on how to print the coupons from the Florida Lottery website. Florida Lottery coupons must be redeemed in person at a Florida Lottery retailer or District office by July 10, 2009. Coupons cannot be redeemed by mail.
(4) Procedures for Claiming a Ford Vehicle Prize.
(a) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a Ford Mustang prize, the player must submit to the Lottery the original valid non-winning Billion Dollar Blockbuster 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 Spanish Winner Claim Form DOL 173-2S, as referenced in Rule 53ER08-89, and a notarized Florida Lottery Release and Authorization Form DOL-474, revised 10/08, which is herein incorporated by reference and may be obtained from the Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939.
(b) Upon the Lottery’s receipt of the winner’s executed Florida Lottery Release and Authorization Form, the Florida Lottery will notify the fulfillment company, which will arrange for delivery of the vehicle to the designated authorized Ford dealership from which the winner will take possession of his or her vehicle prize. The designated dealership will be as near to the winner’s place of residence as is practicable. The winner must present proof of a valid driver’s license and proof of vehicle insurance as required by the laws of the state in which the vehicle is delivered, which in Florida are Chapters 322 and 320, Florida Statutes, respectively. If the winner is unable to provide proof of a valid driver’s license, the vehicle must be removed by trailer or similar transport equipment provided by the winner or driven by a person who is able to provide proof of a valid driver’s license. The winner must take possession of the vehicle within thirty (30) days of receipt of notification that it is ready for pick up at the designated dealership. If the winner fails to take possession of the vehicle within thirty (30) days of pickup notification, unless prior alternate arrangements have been made, the vehicle prize will be forfeited and no cash prize will be substituted. The cost of travel to take possession of a vehicle prize shall be the responsibility of the prizewinner.
(c) Any warranties and guarantees on the vehicles are those of the manufacturer only.
(5) Florida sales tax and transfer fees on the vehicles will be paid by the Florida Lottery, as well as federal income tax withholding for the value of the prize vehicles. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner.
(6) A nonresident alien who is selected as a vehicle winner will be awarded the cash value of $38,000 in lieu of the vehicle. 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.
(7) A cash option of $38,000 is available to winners in lieu of a vehicle. Federal income tax withholding will be deducted from the cash prize. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner.
(8) If the winner of a Ford vehicle is identified as owing an outstanding debt to a state agency or child support collected through a court, the debt will be collected in lieu of award of the prize. If the debt of a Ford vehicle winner is an amount less than the cash option value of $38,000, the winner shall receive the excess cash value once applicable federal withholding tax has been deducted and the debt has been satisfied. If the debt is an amount greater than $38,000, the entire cash value of the prize remaining after deduction of applicable federal withholding tax will be applied toward the outstanding debt as provided in Section 24.115, Florida Statutes.
(9) The Florida Lottery reserves the right to award a cash prize of $38,000 in lieu of a vehicle if, for reasons beyond the control of the Lottery, a vehicle is not available for award to a player electing to receive such prize. Federal income tax withholding will be deducted from a cash prize awarded under this provision. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner.
(10) 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 23299-4011.
(11) 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.
(12) A player entering into the “Over A Billion Reasons to Play” 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.
(13) The “Over A Billion Reasons to Play” Second Chance Drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm.
Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 3-19-09.