Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER10-5: Bass Pro Shops® Outdoor Adventure Second Chance Drawing
SUMMARY: The Department of the Lottery will conduct a Bass Pro Shops® Outdoor Adventure Second Chance Drawing between February 9, 2010 and June 16, 2010, 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:

53ER10-5 Bass Pro Shops® Outdoor Adventure Second Chance Drawing.

(1) Beginning Tuesday, February 9, 2010, players can enter their non-winning Florida Lottery $250,000 BASS PRO SHOPS® OUTDOOR ADVENTURE Scratch-Off ticket(s) in the Bass Pro Shops® Outdoor Adventure Second Chance Drawing on the Florida Lottery Web site to win an outdoor adventure trip of a lifetime.

(2) Four second chance drawings will be held between March 10 and June 16, 2010 from entries received by midnight the night before each drawing. Entries will be good for one drawing only. The draw dates are:

 

Drawing

Draw Date

From Entries Received

1

Wednesday, March 10, 2010

February 9  March 9, 2010

2

Wednesday, April 7, 2010

March 10- April 6, 2010

3

Wednesday, May 5, 2010

April 7- May 4, 2010

4

Wednesday, June 16, 2010

May 5  June 15, 2010

 

(3) In each of the four (4) Bass Pro Shops® Outdoor Adventure Second Chance Drawings, one (1) grand prize of a Bass Pro Shops® sponsored outdoor adventure trip and ten (10) second prizes of $1,000 in Bass Pro Shops® gift cards will be awarded. A grand total of four (4) outdoor adventure trips and forty (40) Bass Pro Shops® $1,000 gift card prizes will be awarded in the second chance drawings.

(4) Each outdoor adventure winner will choose his/her own adventure trip, at an estimated $17,295 value, from the packages listed below. Each of the adventure trip prizes includes first-class round trip airfare for 2 to 4 people (depending on the trip selected), ground transportation to and from destination airport to the adventure location, complete accommodations, activities and a cash spending allowance (amount varies by trip.) Trip arrangements are based on availability of each component of the trip prize. The trip options are:

(a) Florida Redfish – Five (5) day trip for up to four (4) people.

(b) Key West Sport Fishing – Five (5) day trip for Four (4) People.

(c) Colorado White Water Rafting – Five (5) day trip for four (4) people.

(d) Alaska Angling Adventure – Five (5) day trip for two (2) people.

(e) South Dakota Pheasants/Grouse/Partridge – Five (5) day trip for four (4) people.

(f) Big Cedar® Lodge – Five (5) day trip for up to four (4) people.

(5) To enter a non-winning ticket into the Bass Pro Shops® Outdoor Adventure Second Chance Drawing, visit the Florida Lottery’s Web site at flalottery.com, click on the Bass Pro Shops® Outdoor Adventure Second Chance Drawing icon and follow the directions.

The ticket number is located above the play instructions on the front of a $250,000 BASS PRO SHOPS® OUTDOOR ADVENTURE Scratch-Off ticket. Scratch off the latex covering to reveal the 24-digit ticket number. Winning $250,000 BASS PRO SHOPS® OUTDOOR ADVENTURE 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, each valid ticket number may only be used one time, for one entry in the Bass Pro Shops® Outdoor Adventure Second Chance Drawings.

Tickets should not be mailed to the Lottery unless players are contacted by the Florida Lottery and requested to do so. Non-winning tickets received in the mail by the Florida Lottery will not be entered into the drawing and will not be returned.

(6) The 11 prizewinners in each Bass Pro Shops® Outdoor Adventure Second Chance Drawing will be posted on flalottery.com after the draw. Prizewinners 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 of claiming a prize remains with the player. The right to claim a prize cannot be assigned to another person or entity.

All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a Bass Pro Shops® Outdoor Adventure prize, the player must submit to the Lottery the original valid non-winning $250,000 BASS PRO SHOPS® OUTDOOR ADVENTURE 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 53ER10-1, and appropriate identification. Winners of the Outdoor Adventure trips must also submit a notarized Florida Lottery Release and Authorization Form DOL-474, revised 10/08, herein incorporated by reference which 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.

The $1,000 gift card prizes will be mailed to each winner’s address within approximately 15 business days after the claim has been filed with the Lottery. Adventure trip winners will be provided a prize certificate containing the name of a travel representative from the Lottery’s prize fulfillment company to be contacted for making reservations for the adventure trip.

(7) Federal income tax withholding on the value of the outdoor adventure prize package will be paid by the Florida Lottery. Any additional federal, state, and/or local taxes or other fees are the responsibility of the winner.

(8) A cash option of $17,295 is available in lieu of the adventure trip prizes. Federal income tax withholding will be deducted from the cash prize.

(9) If the winner of a prize is identified as owing an outstanding debt to a state agency or child support collected through a court, the debt will be collected in accordance with section 24.115, Florida Statutes. If the debt of an outdoor adventure winner is an amount less than the cash option value of $17,295, the winner shall receive the excess cash value after applicable federal withholding tax has been deducted and the debt has been satisfied. If the debt is an amount greater than 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, Florida Statutes.

(10) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder, including the official Bass Pro Shops® Outdoor Adventure Second Chance Drawings rule.

(11) 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.

(12) By entering the Bass Pro Shops® Outdoor Adventure Second Chance Drawings, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to the Lottery’s prize fulfillment company for prize fulfillment purposes.

(13) By entering the Bass Pro Shops® Outdoor Adventure Second Chance Drawings, 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 Bass Pro Shops® Outdoor Adventure second chance drawings 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 Web site at flalottery.com.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 2-5-10.

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: February 5, 2010