Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER09-34: GOLD RUSH Strike It Rich Second Chance Drawing
SUMMARY: The Department of the Lottery will conduct a GOLD RUSH Strike It Rich Second Chance Drawing. between July 14 and August 25, 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:

53ER09-34 GOLD RUSH Strike It Rich Second Chance Drawing.

(1) Beginning Tuesday, July 14, 2009 through Monday, August 24, 2009, players can enter their non-winning GOLD RUSH game number 750 scratch-off ticket(s) in the Strike It Rich Second Chance Drawing on the Florida Lottery website to win a one-kilo, 999.9 gold bar or a one-ounce, 22-karat gold American Eagle gold coin.

(2) Computerized drawings will be held on Tuesday, July 28, Tuesday, August 11 and Tuesday, August 25, 2009 to award a grand total of sixty-three (63) prizes. In each of the three Strike It Rich second chance drawings, twenty-one (21) prizes will be awarded. The first entry drawn will win a one-kilo 999.9 gold bar. The second through 21st entries drawn will win a one-ounce, 22-karat American Eagle gold coin.

(3) To enter non-winning GOLD RUSH ticket(s) in the Strike It Rich Second Chance Drawing, players must visit the Florida Lottery’s website at www.flalottery.com, click on the Strike It Rich Second Chance Drawing icon and follow the directions to input their non-winning ticket number(s). The ticket number is located below the play area on the front of a GOLD RUSH Scratch-Off ticket. Scratch off the latex covering to reveal the 22-digit ticket number. Winning GOLD RUSH tickets cannot be used for entry in the second chance drawings. 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, entries will be good for one drawing only and 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.

(4) The results of each weekly drawing will be posted on the Lottery’s website, www.flalottery.com on the day of the draw. 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 for claiming a prize remains with the player. Failure of a prizewinner to claim a Strike It Rich prize shall result in forfeiture of the prize. The right to claim a prize cannot be assigned to another person or entity.

(5) Procedures for Claiming a Prize.

All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a prize, the player must submit to the Lottery the original valid non-winning Florida Lottery GOLD RUSH 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, F.A.C., a copy of acceptable identification and a Prize Election Form DOL-478, Eff. 5/09. Winners electing to receive a gold bar or American Eagle gold coin will also have to submit an Authorization to Release Address Form DOL-473, Eff. 10/08. Forms DOL-478 and DOL-473 are herein incorporated by reference and may be obtained from the Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939.

(6) Federal income tax withholding for the value of the gold bar prize will be paid by the Florida Lottery, Any additional federal, state and/or local taxes or other fees will be the responsibility of the winner. A cash option of $30,000 is available to winners in lieu of the gold bar 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 will be the responsibility of the winner.

(7) All federal, state and/or local taxes or other fees on the American Eagle gold coin prize will be the responsibility of the winner. A cash option of $1,000 is available to winners in lieu of the American Eagle gold coin prize.

(8) A nonresident alien who is selected as a winner will be awarded the cash value of the prize in lieu of the prize. 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 will be the responsibility of the nonresident alien.

(9) If a prize winner 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 gold bar or gold coin winner is an amount less than the cash option value of the prize, 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 the cash option value of the prize, 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, F.S.

(10) The Florida Lottery reserves the right to award a cash prize of $30,000 or $1,000, respectively, in lieu of a gold bar or gold coin if, for reasons beyond the control of the Lottery, a gold bar or gold coin is not available for award to a player electing to receive such prize. Federal income tax withholding will be deducted from a $30,000 cash prize awarded under this provision. Any additional federal, state and/or local taxes or other fees will be the responsibility of the winner. Federal, state and/or local taxes or other fees on the $1,000 prize will be the responsibility of the winner.

(11) 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. 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.

(12) 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.

(13) By entering the Strike It Rich 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.

(14) The Strike It Rich 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 7-10-09.

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: July 10, 2009