RULE NO: RULE TITLE
53ER09-46: VIP Football FAN Experience Second Chance Promotion.
SUMMARY: The Department of the Lottery will conduct a VIP Football FAN Experience Second Chance promotion between September 5, 2009 and November 30, 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:

53ER09-46 VIP Football FAN Experience Second Chance Promotion.

(1) From Saturday, September 5, 2009, through Friday, November 28, 2009, players who purchase a $5 or more POWERBALL® ticket at a participating north Florida Publix® Super Market will receive a ticket voucher that can be entered into one (1) of three (3) promotions on the Florida Lottery Website: the VIP Football FAN Experience Second Chance promotion, the Ultimate Canes® Experience Second Chance promotion or the Florida Gator FAN Experience Second Chance promotion.

(2) In the VIP Football FAN Experience Second Chance promotion, five (5) second chance drawings will be held between September 14 and November 9, 2009 from entries received during the entry periods shown below. One (1) final drawing will be held on November 30, 2009 from all entries received between September 5 and midnight on the night before the drawing.

Players may enter as many times as they wish during the contest period. However, each valid voucher serial number may only be used one (1) time, for one (1) entry into onee promotion. Entries received from the beginning of the entry period for a drawing through midnight ET on the night before the drawing will be included in the drawing. All entries received from September 5 through November 29, 2009, excluding entries selected as winners in the first five (5) drawings, will be included in the final drawing on November 30, 2009. The draw dates are:

(3) In each of the first five (5) second chance drawings in the VIP Football FAN Experience Second Chance promotion, ten (10) winners will each receive one (1) $25 Publix gift card, $25 in Lottery Scratch-Off tickets, a choice of two (2) tickets to the first Florida State University® or University of Central Florida® home football game scheduled after the prize claim deadline, and a choice of two (2) Florida State University or two (2) University of Central Florida hats or polo shirts. (Value – $250).

The grand prize drawing will take place on November 30, 2009 and will award three (3) winners with the following prizes:

(a) The first entry drawn will win the choice of two (2) tickets to the FSU® or UCF® bowl* game at the conclusion of the 2009 season, one (1) hotel room for two nights, airfare for two from anywhere in the U.S to the city in which the bowl game will be held, choice of one (1) autographed Bobby Bowden or George O’Leary football, choice of two (2) FSU or UCF hats and polo shirts, one (1) $100 Publix gift card and $100 in Lottery Scratch-Off tickets. (Value – $1,930)

(b) The second entry drawn will win the choice of two (2) season tickets for the 2010 FSU or UCF football season, choice of two (2) FSU or UCF hats and polo shirts, one (1) $75 Publix gift card and $75 in Lottery Scratch-Off tickets. (Value – $930)

(c) The third entry drawn will win the choice of four (4) tickets to a 2010 FSU or UCF home football game, one (1) $50 Publix gift card and $50 in Lottery Scratch-Off tickets. (Value – $370).

* If the Florida State Seminoles® or University of Central Florida do not play in a bowl game at the conclusion of the 2009-2010 season or if the first place Grand Prize is not claimed in time for the winner to use the trip for the 2009-2010 bowl game, the trip will be for the next end of season bowl game in which the Florida State Seminoles or the University of Central Florida play.

(4) To enter a voucher in the VIP Football FAN Experience Second Chance Drawing, players must visit www.flalottery.com, or the Seminoles Web site at www.seminoles.com, or the Golden Knights® website at www.ucfathletics.com, click on the VIP Football FAN Experience Second Chance Drawing icon and follow the directions.

The voucher serial number is located on the front of the voucher below the instructions for entry. Vouchers cannot be entered into the drawing on the day of purchase. Players entering a voucher on the day of purchase will be directed to return at a later date to enter their voucher in the drawing. POWERBALL tickets cannot be used for entry in the drawing. The odds of winning are dependent upon the number of entries received. The voucher must be presented in order to claim a prize in the VIP Football FAN Experience Second Chance Drawing. Vouchers should not be mailed to the Lottery unless players are contacted by the Florida Lottery and requested to do so. Vouchers or tickets received in the mail by the Florida Lottery will not be entered in the drawing and will not be returned.

(5) The prizewinners in the VIP Football FAN Experience drawings will be posted on flalottery.com after the draw. The Florida Lottery will attempt to notify prizewinners in the first five (5) drawings by telephone or e-mail no later than two (2) days after the winners are drawn. If the Florida Lottery is unable to contact a prizewinner within four (4) days of the date of the drawing, the winner will forfeit his or her right to claim the prize and the prize will not be awarded. The Florida Lottery will attempt to notify prizewinners in the Grand Prize drawing by telephone, certified mail or e-mail no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a winner in the November 30, 2009, Grand Prize Drawing within three (3) weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(6) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim an VIP Football FAN Experience drawing prize, a winner must submit for receipt by the Florida Lottery no later than five (5) days after being notified by the Lottery that he/she is a winner, the original valid voucher bearing the unique serial number selected in the drawing, a completed Winner Claim Form DOL-173-2 or DOL-173-2S, as referenced in Rule 53ER08-89, F.A.C., a copy of acceptable identification and a completed Authorization to Release Address Form DOL-473, Eff. 10/08. The Grand Prize winner in the November 30, 2009, Grand Prize Drawing will be required to submit a completed Release and Authorization form DOL-474, Eff. 10/08 in lieu of the Authorization to Release Address form. Forms DOL-473 and DOL-474 are hereby incorporated by reference and can be obtained from any Lottery office or on the Lottery’s website www.flalottery.com. Claim Forms, which include a list of acceptable identification, are located in the Downloads section at flalottery.com, under the heading “Miscellaneous.” Claim Forms are also available at Florida Lottery district offices. Winners who cannot produce a valid entry voucher and/or do not submit the required documents to the Lottery as set forth above will forfeit their right to claim the prize.

(7) In the event a prize is not claimed in time for the winner to use the game tickets for the scheduled game, reasonable efforts will be made by Florida State University and University of Central Florida to provide tickets for the next available home game in which the Florida State Seminoles and the University of Central Florida play. Fulfillment of all prizes other than the Scratch-Off tickets will be handled by Florida State University and University of Central Florida staff.

(8) If a voucher bearing the serial number selected in the drawing is presented to the Lottery by a person other than the person who entered the number into the drawing, an investigation will be conducted by the Lottery to determine the person entitled to award of the prize.

(9) All federal, state and/or local taxes or other fees on the VIP Football FAN Experience prizes 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. Because there is no cash from which to withhold taxes, a nonresident alien claimant who is selected as a winner 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 alien winner.

(10) No cash option is available in lieu of the prizes.

(11) The right to claim a prize cannot be assigned to another person or entity.

(12) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder, including the official VIP Football FAN Experience Drawing rule. Prizes will be paid in accordance with the rules of the Florida Lottery governing payment of prizes. Copies of the current prize payment rule and the VIP Football FAN Experience Drawing rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

(13) 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.

(14) A player entering the VIP Football FAN Experience 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.

(15) The VIP Football FAN Experience Drawing shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of the drawings will be available after the drawing on the Florida Lottery’s Website at flalottery.com, and at participating Florida Lottery retailers.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 9-4-09.

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: September 4, 2009