Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No.: RULE TITLE
53ER10-35: Dolphins Fan Experience Second Chance Drawing.
SUMMARY: The Department of the Lottery will conduct a Dolphins Fan Experience Second Chance Drawing from August 3, 2010 to December 1, 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:

53ER10-35 Dolphins Fan Experience Second Chance Drawing.

(1) Beginning Tuesday, August 3, 2010, players can enter their non-winning Florida Lottery DOLPHINS Scratch-Off tickets in a Dolphins Fan Experience Second Chance Drawing on the Florida Lottery Web site to win prizes as described below.

(2) Six (6) computerized Second Chance Drawings will be held from August 18 to December 1, 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, August 18, 2010

August 3 August 17, 2010

2

Wednesday, September 8, 2010

August 18 September 7, 2010

3

Wednesday, September 29, 2010

September 8 September 28, 2010

4

Wednesday, October 20, 2010

September 29 October 19, 2010

5

Wednesday, November 10, 2010

October 20 November 9, 2010

6

Wednesday, December 1, 2010

November 10 November 30, 2010

 

(3) The Dolphins Fan Experience Second Chance Drawing prizes are as follows:

(a) FIRST DRAWING.

1. Grand Prize. One hundred (100) prizes consisting of two (2) tickets to the December 19, 2010 Miami Dolphins home game and a chance to win a 2011 Ford Fiesta. The value of each pair of tickets is $90.

2. First Prize. Six (6) prizes consisting of the use of a 12-person executive suite for one (1) regular season home game, determined by the Miami Dolphins, including twelve (12) tickets to the game, food and non-alcoholic beverages, and two (2) preferred parking passes. The value of the suite is $10,250.

3. Second Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(b) SECOND DRAWING.

1. Grand Prize. One hundred (100) prizes consisting of two (2) tickets to the December 19, 2010 Miami Dolphins home game and a chance to win a 2011 Ford Fiesta. The value of each pair of tickets is $90.

2. First Prize. One (1) prize consisting of a trip for two (2) persons to a regular season away game, including roundtrip airfare from a departure city of the winner’s choice within the State of Florida to the away game host city, two (2) tickets to the game, one (1) double occupancy hotel room (room and tax only) for two (2) nights at a hotel selected by the Miami Dolphins (which shall be the Miami Dolphins team hotel, subject to availability), ground transportation from the team hotel to the game and return to the hotel, and ground transportation from the hotel to the airport for the return trip. The winner will be responsible for all incidental room charges, including but not limited to, room and telephone service. The value of the prize is $5,000.

3. Second Prize. Two (2) prizes consisting of an in-home watch party for ten (10) people at the winner’s residence in Dade, Broward or Palm Beach County, Florida, to watch a Miami Dolphins away game. Tailgate-fare food and non-alcoholic beverages will be provided, including an appearance by a Miami Dolphins alumni player, cheerleaders, Fins Force Rally Team and special events staff members determined by the Miami Dolphins. The value of each prize is $3,750.

4. Third Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(c) THIRD DRAWING.

1. Grand Prize. One hundred (100) prizes consisting of two (2) tickets to the December 19, 2010 Miami Dolphins home game and a chance to win a 2011 Ford Fiesta. The value of each pair of tickets is $90.

2. First Prize. Two (2) prizes consisting of a VIP Day for ten (10) people at Sun Life Stadium in Dade County, Florida, on a non-Miami Dolphins game day, including a tour of the stadium, field and locker room. Tailgate-fare food and non-alcoholic beverages will be provided. The value of each prize is $3,750.

3. Second Prize. One hundred twenty (120) prizes consisting of two (2) lower-level, corner end-zone, single game tickets for a regular season home game. The selected home game will be mutually determined, subject to availability. The value of each pair of tickets is $184.

4. Third Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(d) FOURTH DRAWING.

1. Grand Prize. One hundred (100) prizes consisting of two (2) tickets to the December 19, 2010 Miami Dolphins home game and a chance to win a 2011 Ford Fiesta. The value of each pair of tickets is $90.

2. First Prize. One (1) 2011 NFL Draft Preview Event, consisting of a VIP pre-draft tour of the practice facility for ten (10) persons hosted by a Miami Dolphins Coach, Alumni or Personality including light fare and non-alcoholic beverages. The date of the pre-draft tour event and the Miami Dolphins’ attendee will be determined by the Miami Dolphins at their sole discretion. The pre-draft tour event will be held at the practice facility in Davie, Florida. The duration of the Pre Draft Tour will be mutually determined. The value of the prize is $7,500.

3. Second Prize. Six (6) prizes consisting of a Tour of the Practice Facility, in Davie, Florida, for four (4) persons hosted by a Miami Dolphins Coach, Alumni or Personality, including a VIP Chalk Talk and Tour of the Practice Facility, light fare and non-alcoholic beverages. The date and duration of the Chalk Talk and Tour event and the Miami Dolphins’ attendee will be determined by the Miami Dolphins at their sole discretion. The value of each group tour prize is $2,000.

4. Third Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(e) FIFTH DRAWING.

1. Grand Prize. One hundred (100) prizes consisting of two (2) tickets to the December 19, 2010 Miami Dolphins home game and a chance to win a 2011 Ford Fiesta. The value of each pair of tickets is $90.

2. First Prize. Six (6) prizes consisting of two (2) 2011 lower-level pre-season and regular season home game season tickets. The value of each pair of tickets is $1,740.

3. Second Prize. Twenty-four (24) prizes consisting of one (1) authentic player jersey. Certificates of authenticity shall be provided by the Miami Dolphins for each jersey. The value of each jersey is $185.

4. Third Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(f) SIXTH DRAWING.

1. First Prize. Six (6) prizes consisting of two (2) 2011 Club Level pre-season and regular season home game season tickets. The value of each pair of tickets is $3,406.

2. Second Prize. Six (6) prizes consisting of one (1) authentic player jersey worn by a player. Certificates of authenticity shall be provided by the Miami Dolphins for each jersey. The value of each jersey is $700.00.

3. Third Prize. Seventy (70) prizes of a Miami Dolphins hat and t-shirt fan pack. The value of each fan pack is $36.

(4) To enter a non-winning ticket in the Dolphins Fan Experience Second Chance Drawing, visit the Florida Lottery’s Web site at flalottery.com, click on the Dolphins Fan Experience Second Chance Drawing icon and follow the directions.

The ticket number is located below the play instructions on the front of a DOLPHINS Scratch-Off ticket. Scratch off the latex covering to reveal the 24-digit ticket number. Winning DOLPHINS Scratch-Off tickets cannot be used for entry in the Second Chance Drawings. The odds of winning are dependent upon the number of entries received.

(5) 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 Dolphins Fan Experience 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 in the drawing and will not be returned.

(6) The number of entries drawn in each Second Chance Drawing will vary by drawing. The requisite number of entries will be drawn to award prizes in the following order, as applicable to the drawing: Grand Prize, First Prize, Second Prize, Third Prize. An additional twenty (20) entries will be drawn in each drawing to serve as alternates, in the order drawn, for unclaimed prizes or mailed prizes returned by the U.S. Postal Service as unclaimed or undeliverable.

(7) The prizewinners in each Second Chance Drawing will be posted on flalottery.com on the day of the draw. The Florida Lottery will attempt to notify each of the First Prize and Second Prize winners by telephone (except for the Second Prize in the first, third and fifth drawings), U.S. mail or e-mail using the contact information provided in the winner’s registration data no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a winner within three (3) weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate winner as described above. If the Florida Lottery is unable to contact the alternate winner within three (3) weeks of the date of award of the prize, the alternate winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to a second alternate winner. As long as a prize remains available, this process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of available alternates, If the Lottery is unable to contact an alternate, the prize will not be awarded.

(8) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a First Prize or Second Prize (excluding the Second Prize in the first, third and fifth drawings) in a Dolphins Fan Experience Second Chance Drawing, the player must submit to the Florida Lottery the original valid non-winning DOLPHINS Scratch-Off 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 also submit a completed Winner Claim Form DOL 173-2, or Spanish Winner Claim Form DOL 173-2S, as referenced in Rule 53ER10-1, F.A.C., appropriate identification, and a notarized Florida Lottery Release and Authorization Form DOL-474, revised 10/08. All forms must be submitted within seven (7) days of notification by the Florida Lottery that they are a winner. If the winner does not return the required forms within seven (7) days of notification, the winner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate winner as described above. Form DOL-474 is hereby incorporated by reference and may be obtained at any Lottery office, from the Florida Lottery’s Web site at www.flalottery.com, or by writing to: Florida Lottery, Public Affairs, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

(9) The Grand Prizes in the first through fifth drawings, the Second Prize in the first, third and fifth drawings, and all Third prizes will be shipped to the winner’s address within approximately fifteen (15) days after the drawing. If any prize is returned by the U.S. Postal Service as unclaimed or undeliverable, the prize will be awarded to an alternate as described in subsection (6).

(10) For all prizes, except for tickets to the December 19, 2010, game, the hat and t-shirt fan packs and the (unworn) authentic player jerseys, the Lottery will provide the winner with a certificate from the Miami Dolphins describing the winner’s prize. The certificate will contain the name and contact information for the person the prizewinner is to contact to make reservations to fulfill the prize packages won. The Miami Dolphins shall coordinate with each winner a mutually agreeable date on which the winner may use the prize package. For 2010 game tickets, if an acceptable date during the 2010 season cannot be arranged, a date during the 2011 season shall be selected.

(11) Ford Fiesta Giveaway.

(a) On Sunday, December 19, 2010, during a break between quarters of the Miami Dolphins vs. Buffalo Bills football game, a Miami Dolphins representative shall randomly select ten (10) finalists from the 1,000 Grand Prize tickets (500 pairs) awarded in the first five (5) drawings. Each of the ten (10) finalists will scratch off play symbols on an oversized Florida Lottery DOLPHINS Scratch-Off ticket. The person whose ticket reveals three (3) matching Ford Fiesta images will win the prize.

(b) The winner of the Ford Fiesta must be 18 years of age or older.

(c) The Ford Fiesta prize is not transferable or assignable.

(d) A cash option is not available in lieu of the vehicle.

(e) The Florida Lottery will pay applicable federal income tax withholding on the value of the prize, which is approximately $16,500 plus tax, tag and title fees. Any additional federal, state and/or local taxes or other fees are the responsibility of the winner.

(f) The Florida Lottery provides no warranty for the Ford Fiesta. Any warranties and guarantees are those of the manufacturer only.

(12) The right to claim a prize is not assignable to another person or entity.

(13) The Florida Lottery will pay applicable federal income tax withholding on the value of the First Prizes in the first and fourth drawings. Any additional federal, state and/or local taxes or fees on these prizes and all federal, state and/or local taxes or other fees on the other prizes won in the Dolphins Fan Experience Second Chance Drawing 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. A nonresident alien claimant who is selected as a winner of a prize for which tax withholding is not paid by the Florida Lottery 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.

(14) No cash option or substitute is available in lieu of Dolphins Fan Experience Second Chance Drawing prizes.

(15) All prizes are subject to the provisions of Chapter 24, Florida Statutes, 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 prize payment rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 23299-4011.

(16) 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.

(17) By entering the Dolphins Fan Experience Second Chance Drawing, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to the Miami Dolphins for prize fulfillment purposes.

(18) By entering the Dolphins Fan Experience 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.

(19) Dolphins Fan Experience 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.

(20) This offer is void where prohibited by law.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 8-2-10, Replaces 53ER10-32, F.A.C.

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: August 2, 2010