53ER09-63: Holiday MILLIONAIRE RAFFLE™ Retailer Incentive Program.
SUMMARY: The Department of the Lottery will conduct a “Holiday Millionaire Raffle Retailer Incentive” program, in which certain retailers will receive bonus commissions during the promotion period.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011
THE FULL TEXT OF THE EMERGENCY RULE IS:
53ER09-63 Holiday MILLIONAIRE RAFFLETM Retailer Incentive Program.
(1) Holiday MILLIONAIRE RAFFLETM is an on-line number match game. Holiday MILLIONAIRE RAFFLE tickets will go on sale 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.
(2) Each Holiday MILLIONAIRE RAFFLE ticket will contain a unique ticket number that will be entered automatically into the Holiday MILLIONAIRE RAFFLE drawing. A random computerized drawing from among all Holiday MILLIONAIRE RAFFLE ticket numbers issued during the sales period will be held on December 31, 2009. A total of 2,034 prizes will be awarded. 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. The 20th through 34th numbers drawn will win $5,000 and the 35th through 2,034th numbers drawn will win $250.
(3) A retailer who sells a winning $1 million Holiday MILLIONAIRE RAFFLE ticket will receive a bonus commission of $5,000 in addition to the regular five percent sales commission set forth in Rule 53ER05-14, F.A.C.
(4) Award of a bonus commission is not dependent upon the winning Holiday MILLIONAIRE RAFFLE ticket being claimed by the winner. Retailers who sell winning $50,000 Holiday MILLIONAIRE RAFFLE tickets that subsequently become alternate winners of a $1 million prize will not be eligible for a bonus commission.
(5) Retailers whose Florida Lottery contracts are terminated or inactivated prior to the bonus commission award shall be paid the bonus commission provided the termination or inactivation was not due to non-compliance with Florida Lottery laws, rules or contract terms.
(6) A bonus commission will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply the bonus commission earned against a retailer’s outstanding debt to the Florida Lottery.
(7) This emergency rule is effective upon filing. Holiday MILLIONAIRE RAFFLE bonus sales commissions are subject to availability of funds appropriated for retailer incentives. This Promotion is subject to cancellation by future emergency rule if retailer incentive funding is not appropriated or if the Florida Lottery determines that it is no longer in the state’s best interest to use such funds for this purpose.
Rulemaking Authority 24.105(9), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9), 24.112(1) FS. History–New 11-9-09.