Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER09-62: Holiday MILLIONAIRE RAFFLE™
SUMMARY: This emergency rule describes the on-line game “Holiday MILLIONAIRE RAFFLE,” for which the Department of the Lottery will sell tickets beginning November 13, 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:

53ER09-62 Holiday MILLIONAIRE RAFFLE™.

(1) How to Play Holiday MILLIONAIRE RAFFLE™.

(a) Holiday MILLIONAIRE RAFFLE is an on-line number match game.

(b) Each Holiday MILLIONAIRE RAFFLE ticket costs $20.

(c) Holiday MILLIONAIRE RAFFLE tickets will go on sale on Friday, November 13, 2009. Sales of Holiday MILLIONAIRE RAFFLE tickets will cease immediately after the 1,000,000th ticket is sold or at midnight on December 30, 2009, whichever occurs first.

(d) Each Holiday MILLIONAIRE RAFFLE ticket will contain a unique ticket number that will be entered automatically into the Holiday MILLIONAIRE RAFFLE drawing. Holiday MILLIONAIRE RAFFLE tickets will automatically print from the terminal with ticket numbers issued in sequential order from 0000001 to 1000000 as they are sold around the state. Each Holiday 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 Holiday MILLIONAIRE RAFFLE game depend upon the number of tickets sold and are 1 in 492 if all 1,000,000 tickets are sold.

(f) Holiday MILLIONAIRE RAFFLE tickets cannot be cancelled.

(2) Holiday MILLIONAIRE RAFFLE Drawing and Prizes.

(a) A random computerized drawing from among all Holiday MILLIONAIRE RAFFLE ticket numbers issued during the sales period will be held on December 31, 2009 to select 2,034 numbers. Prizes will be awarded in the order drawn. The first through ninth numbers drawn will win $1 million cash. The 10th through 19th numbers drawn will win $50,000 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 20th through 34th numbers drawn will each win $5,000 and the 35th through 2,034th numbers drawn will each win $250.

(b) The Holiday MILLIONAIRE RAFFLE drawing shall be public and witnessed by an accountant employed by an independent certified public accounting firm, as required by paragraph 24.105(2)(d), F.S.

(c) The results of the drawing will be revealed on December 31, 2009, and will be available after the drawing on the Lottery’s website at www.flalottery.com. The winning numbers in the top prize category will also be available by phone at (850)921-PLAY (529), [TDD (850)487-7784], and the winning numbers in the top three prize categories will be available at lottery retailers.

(3) How to Claim a Holiday MILLIONAIRE RAFFLE Prize.

(a) Holiday 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 (June 29, 2010) 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. Tickets winning $1 million must be submitted for payment at Lottery Headquarters. Failure of a prizewinner to claim a Holiday 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]. Holiday 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 Holiday MILLIONAIRE RAFFLE ticket bearing any of the first nine winning numbers is not submitted for validation and payment in accordance with the Lottery’s rule governing payment of prizes, the 10th through 19th 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 federal, state and/or local taxes will be the responsibility of the winner. Federal withholding taxes will be deducted from the $1 million and $50,000 prizes.

(4) General Information.

(a) 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.

(b) All Holiday 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 rule 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 11-9-09.

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: November 9, 2009