53ER09-29: Florida Mustang Home Run Getaway Second Chance Drawing.
SUMMARY: The Department of the Lottery will conduct a Mustang Money Second Chance Drawing 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:
53ER09-29 Florida Mustang Home Run Getaway Second Chance Drawing.
(1) Beginning Tuesday, May 19, 2009, players can enter their non-winning $250,000 Mustang Money ticket(s) in the Florida Mustang Home Run Getaway Second Chance Drawing on the Florida Lottery web site for a chance to win a 2010 Ford Mustang® convertible.
(2) To enter a non-winning $250,000 Mustang Money ticket into the Florida Mustang Home Run Getaway Second Chance Drawing, players must visit the web site www.flalottery.com or the FOX Sports & Sun Sports Florida web site at www.foxsportstv.com, click on the Florida Mustang Money Home Run Getaway Second Chance Drawing icon and follow the directions to input their non-winning ticket number(s). The ticket number is a 24-digit number printed across the bottom on the front of a $250,000 Mustang Money Scratch-Off 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 Florida Mustang Money Home Run Getaway Second Chance Drawing and one time for entry into the six (6) Mustang Money Second Chance Drawings. Winning $250,000 Mustang Money tickets cannot be used for entry into a Second Chance drawing. Non-winning tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned.
(3) A computerized drawing will be held on Friday, June 12, 2009, during which a total of fifty (50) entries will be drawn. The first ten (10) entries drawn will each win an Ultimate Florida Baseball Weekend trip for two (2) consisting of a weekend getaway to St. Petersburg, Florida, valued at $1,050, and will become the finalists in a contest to determine the winner of the 2010 Ford Mustang convertible. The eleventh (11) through the fiftieth (50) entries drawn will receive a $100 Florida Lottery gas card.
(4) The 50 prizewinners in the Florida Mustang Home Run Getaway Second Chance Drawing will be posted on www.flalottery.com following the drawing. The Florida Lottery will notify the first ten (10) winners by e-mail, telephone and/or mail using contact information submitted on the player registration. If the Lottery is unable to contact to any of the ten (10) winners, or the winner does not respond to the Lottery on or before June 17, 2009, the winner will forfeit his or her right to claim the prize and the prize will not be awarded. The top ten (10) winners must submit their valid entry tickets along with completed Winner Claim Forms and required identification to the Lottery no later than June 22, 2009.
(5) Winners of gas cards will have 180 days from the draw date to claim their prizes by submitting the valid entry tickets to the Florida Lottery. 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 $100 gas cards will be shipped to each winner’s address within approximately 15 business days after the valid entry ticket has been received by the Lottery. Unclaimed prizes, if any, will be used for future Florida Lottery promotional prizes.
(6) Winners of the Ultimate Florida Baseball Weekend shall receive: two (2)night double occupancy hotel accommodations (one room and tax only) in St. Petersburg, Florida; two (2) suite tickets to the Marlins vs. Rays game on Friday, June 26, 2009; $400 in spending money; transportation for two to and from Bill Currie Ford dealership in Tampa, Florida and the hotel on Saturday, June 27, 2009, where the winners will participate in a chance to win a 2010 Ford Mustang convertible. Hotel accommodations do not include incidentals, tips, telephone calls, or any other personal expenses. Prize packages do not include meals or transportation to or from the hotel, except for the trip to and from Bill Currie Ford dealership mentioned above.
(7) Final Scratch-Off Drawing Event.
(a) On Saturday, June 27, 2009, at the Bill Currie Ford Dealership, the top ten (10) grand prize winners will draw a ticket from a rotating barrel with the numbers one (1) through ten (10) to determine the order in which they will scratch off play symbols to reveal prizes on an oversized $250,000 Mustang Money ticket. If there are fewer than ten (10) finalists due to forfeiture of a prize(s), the number of prizes awarded will be equal to the number of finalists.
(b) The Final Scratch-Off Drawing contest prizes are as follows:
● 2010 Ford Mustang Convertible plus two (2) premium seat tickets for the Grand Prize winner to the Marlins vs. Rays baseball game on Saturday, June 27, 2009.
● $500 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $450 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $400 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $350 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $300 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $250 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $200 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $150 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
● $100 in cash plus two (2) tickets to the Marlins vs. Rays game on Saturday 6/27/09.
(c) If a grand prize winner who timely claims his or her prize is unable to attend the event at which the final prizes are awarded, the winner may designate a proxy, who will be subject to the approval of the Lottery, to act on his or her behalf at the event. Alternatively, the winner may request the Lottery to designate a proxy and, upon receipt of a written request and a release from the winner, the Lottery will appoint a proxy to act on behalf of the winner at the event. In addition, if a winner unexpectedly fails to appear at the event without notification to the Lottery, the Lottery will appoint a proxy to act on behalf of the winner at the event. The Lottery will notify the winner of the prize won by the proxy on the winner’s behalf and provide instructions for claiming the prize.
(8) Procedures for Claiming a Ford Mustang Prize.
(a) To claim a Ford Mustang, 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 the prize. The player must also complete a Winner Claim Form DOL 173-2, or Spanish Winner Claim Form DOL 173-2S, as referenced in Rule 53ER08-89, F.A.C., and a notarized 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.
(b) Upon the Lottery’s receipt of the Mustang 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, F.S., 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) The Florida Lottery provides no warranty for the Mustang convertible. Any warranties and guarantees are those of the manufacturer only.
(9) Applicable withholding tax on the value of the Mustang prize will be paid by the Florida Lottery regardless of the winner’s citizenship or alien residency status. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the winner.
(10) Except as set forth in subsection (9), 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. A nonresident claimant who is selected as a winner of a prize other than a Mustang 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 winner.
(11) 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.
(12) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.
(13) No cash option is available in lieu of the prizes.
(14) The right to claim a prize cannot be assigned to another person or entity.
(15) All prizes are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder.
(16) 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.
(17) By entering the Florida Mustang Home Run Getaway Second Chance Drawing, a player gives his or her 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. The player also gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to its fulfillment company for prize fulfillment purposes.
(18) The Florida Mustang Home Run Getaway Second Chance computerized drawing shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of each drawing will be available after the drawing on the Florida Lottery’s Website at flalottery.com, by phone at (850)487-7777, and at Lottery retailers.
Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 5-15-09.