53ER09-21: Firecracker MILLIONAIRE RAFFLE™
SUMMARY: This emergency rule describes the on-line game “Firecracker MILLIONAIRE RAFFLE,” for which the Department of the Lottery will sell tickets beginning May 15, 2009.
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:
53ER09-21 Firecracker MILLIONAIRE RAFFLE™.
(1) How to Play Firecracker MILLIONAIRE RAFFLE.
(a) Firecracker MILLIONAIRE RAFFLE is an on-line number match game.
(b) Each Firecracker MILLIONAIRE RAFFLE ticket costs $20.
(c) Firecracker MILLIONAIRE RAFFLE tickets will go on sale Friday, May 15, 2009. Sales of Firecracker MILLIONAIRE RAFFLE tickets will cease immediately after the 750,000th ticket is sold or at midnight on July 3, 2009, whichever occurs first.
(d) Each Firecracker MILLIONAIRE RAFFLE ticket will contain a unique ticket number that will be entered automatically into the Firecracker MILLIONAIRE RAFFLE drawing. Firecracker MILLIONAIRE RAFFLE tickets will automatically print from the terminal with ticket numbers issued in sequential order from 1 to 750000 as they are sold around the state. Each Firecracker MILLIONAIRE RAFFLE ticket will contain only one ticket number. Players cannot select their own ticket numbers.
(e) The overall odds of winning a prize in the Firecracker MILLIONAIRE RAFFLE drawing depend upon the number of tickets sold and are 1 in 730 if all 750,000 tickets are sold.
(f) Firecracker MILLIONAIRE RAFFLE tickets cannot be cancelled.
(2) Firecracker MILLIONAIRE RAFFLE Drawing and Prizes.
(a) A random computerized drawing from among all Firecracker MILLIONAIRE RAFFLE ticket numbers issued during the sales period will be held on July 4, 2009 to select 1,027 numbers. Prizes will be awarded in the order drawn. The first through seventh numbers drawn will each win $1 million cash. The 8th through 16th numbers drawn will each win $50,000 cash, less applicable tax withholding, and will be alternates in the order drawn for a $1 million prize in the event a top prize is not claimed within the 180-day claim period. The 17th through 27th numbers drawn will each win $5,000 and the 28th through 1,027th numbers drawn will each win $500 cash.
(b) The Firecracker MILLIONAIRE RAFFLE drawing will be held on July 4, 2009 and shall be public and witnessed by an accountant employed by an independent certified public accounting firm, as required by Section 24.105(10), F.S.
(c) The results of the drawing will be revealed on July 4, 2009 and will be available after the drawing on the Lottery’s website at www.flalottery.com, by phone at 1(850)487-7777, or at a lottery retailer.
(3) How to Claim a Firecracker MILLIONAIRE RAFFLE Prize.
(a) Firecracker MILLIONAIRE RAFFLE prizes must be claimed by submitting the winning ticket for validation at a Lottery office or retailer within 180 days from the date of the drawing (December 31, 2009) and, if the prize is not paid at that time, by submitting the winning ticket for payment at a Florida Lottery office, as required by the Lottery’s rule governing payment of prizes. Winning Firecracker MILLIONAIRE RAFFLE tickets of $500 can be claimed at a Lottery Retailer. Winning tickets of $5,000 and $50,000 must be presented to a Florida Lottery office for payment. Tickets winning $1 million must be submitted for payment at Lottery Headquarters. Failure of a prizewinner to claim a Firecracker MILLIONAIRE RAFFLE prize by submitting the winning ticket for validation and payment in accordance with the Lottery’s rule governing payment of prizes shall result in forfeiture of the prize. Information about procedures for filing a claim can be obtained by calling (850)487-7777 [TDD (850)487-7784]. Firecracker MILLIONAIRE RAFFLE tickets are the only valid receipts to redeem a prize.
(b) A claim filed for a $50,000 prize shall also be a contingent claim for a $1 million prize. If a winning Firecracker MILLIONAIRE RAFFLE ticket bearing any of the first seven winning numbers is not submitted for validation and payment in accordance with the Lottery’s rule governing payment of prizes, the 8th through 16th prizewinners who have submitted their tickets for validation and payment in accordance with the Lottery’s rule governing payment of prizes constitute contingent winners for the $1 million prize and will be used in the order in which they were drawn to select a winner for the $1 million top prize. The contingent winner will be awarded the cash difference between the $50,000 prize and the $1 million prize.
If applicable, the Lottery will attempt to notify, for a period of two weeks, the first contingent winner drawn in the $50,000 prize category. If the Lottery is unable to contact the first contingent winner, the Lottery will attempt to notify, for a period of two weeks, the second contingent winner drawn. This process will continue until a contingent winner is contacted or the Lottery has exhausted the list of available contingent winners, in which case the $1 million prize will not be awarded.
(c) Payment of all federal, state and/or local taxes will be the responsibility of the winner. Federal withholding taxes will be deducted from all cash payments.
(4) Instant Cruise Prizes.
(a) From May 15 through June 3, 2009, a total of sixty (60) 3-night cruises for two valued at $933 each will be given away randomly. The cruise prize will also include $1,000 in spending money and a Travelocity Roaming Gnome figure valued at $24.99. If a Firecracker MILLIONAIRE RAFFLE ticket is an instant cruise winner, the terminal will play a cruise ship horn and a Prize Coupon will automatically print after issuance of the Firecracker MILLIONAIRE RAFFLE ticket. Firecracker MILLIONAIRE RAFFLE tickets winning a cruise will contain a Lottery Prize Alert symbol and a message that the ticket holder is an instant winner. The odds of winning an instant prize will depend upon the number of Firecracker MILLIONAIRE RAFFLE tickets sold. Should any issues arise concerning the transaction and/or prize, it is the player’s responsibility to seek resolution of these issues with the retailer and the Lottery prior to leaving the retail location.
(b) Instant cruise prize winners must file a claim for their Prize Coupons at a Lottery office by September 2, 2009. Winners of the instant cruise prizes will be required to execute a Florida Lottery Release and Authorization Form DOL-474. Form DOL-474, Eff. 10/08, is hereby incorporated 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. Instant cruise winners will receive a certificate from Travelocity for a 3-night cruise for two embarking from a Florida port. The winner will be responsible for the cost of transportation to and from the cruise port, as well as additional services requested such as upgrades, air-transfer, tour packages, purchases and cancellation or change of reservations.
(c) Federal, state, and/or local taxes or other fees are the responsibility of the winner. The winner’s right to the prize cannot be assigned to another person or entity.
(d) Winners will be responsible for making reservations directly with Travelocity or its designee. Embarkation can be scheduled beginning May 15, 2009 and requires a thirty (30) calendar day advance notice. Embarkation must occur by November 15, 2010. Winners who do not make reservations for an available cruise as specified above will forfeit the right to the cruise package; however, the value of the cruise package will remain taxable income to the winner. Cruise prizes cannot be redeemed for cash.
(5) 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. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident winner.
(6) 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.
(7) If a winner of a prize valued at $600 or more is identified as owing an outstanding debt to a state agency, child support collected through a court, or spousal support or alimony as provided in subsection 24.115(4), F.S., in an amount less than the cash portion of the prize, the non-cash portion of the prize, if any, and the cash portion of the prize less the amount owed, shall be awarded. If the winner is identified as owing such a debt in an amount greater than the cash portion of the prize, the winner’s entire cash portion of the prize will be applied toward the outstanding debt as provided in Section 24.115, F.S., and the winner will receive the remaining non-cash portion of the prize, if any.
(8) All Firecracker MILLIONAIRE RAFFLE 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. A copy of the current rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 5-13-09.