Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No.: RULE TITLE
53ER10-38: The Price is Right® Second Chance Drawing.
SUMMARY: The Department of the Lottery will conduct a The Price is Right® Second Chance Drawing between June 8, 2010 and November 24, 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:

53ER10-38 The Price is Right® Second Chance Drawing.

(1) Beginning Tuesday, June 8, 2010, players can enter their non-winning THE PRICE IS RIGHT®Florida Lottery Scratch-off tickets in The Price is Right®Second Chance Drawing on the Florida Lottery Web site to win a trip to Las Vegas to participate in The Price Is Right®Live! Experience Game.

(2) Six (6) Second Chance Drawings will be held between July 7 and November 24, 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, July 7, 2010

June 8 July 6, 2010

2

Wednesday, August 4, 2010

July 7 August 3, 2010

3

Wednesday, September 1, 2010

August 4 August 31, 2010

4

Wednesday, September 29, 2010

September 1 September 28, 2010

5

Wednesday, October 27, 2010

September 29 October 26, 2010

6

Wednesday, November 24, 2010

October 27 November 23, 2010

 

(3) In each of the six (6) The Price is Right®Second Chance Drawings, four (4) grand prize winners will win a trip to Las Vegas to participate in The Price is Right®Live! Experience Game for a chance to play for merchandise prizes and up to $1 million cash. In each of the Second Chance Drawings, fifteen (15) second prize winners will win a Nintendo Wii™ video game system with The Price is Right® video game. A total of 24 grand prizes and 90 second prizes will be awarded in the Second Chance Drawings.

(4) To enter a non-winning ticket into The Price Is Right® Second Chance Drawing, visit the Florida Lottery’s Web site at flalottery.com, click on The Price is Right®Second Chance Drawing icon and follow the directions.

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

At the time of entering a non-winning THE PRICE IS RIGHT®ticket, players will be provided an option to enter the Second Chance Drawings directly or play The Price Is Right® Interactive game on the Web site where the point value assigned to the ticket will be revealed. In The Price Is Right® Interactive game, players will collect points by playing the PLINKO® and SPIN THE WHEELTMgames.

Each non-winning THE PRICE IS RIGHT®Scratch-off ticket has a point value from 4,000 points to 25,000 points. Point values will be converted into entries into one of the monthly drawings; every 1,000 points equals one (1) entry into The Price Is Right®Second Chance Drawing. Each non-winning THE PRICE IS RIGHT®Scratch-off ticket will be entitled to four (4) to twenty-five (25) entries in the applicable drawing. If players choose not to play the game or if they experience technical problems while playing The Price Is Right® Interactive game, the points that would have been revealed in the course of playing the game will be credited to their entry account for that draw period.

(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 opportunity to receive entries into one (1) The Price Is Right®Second Chance Drawing. 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) In each of the six (6) drawings, the first four valid entries drawn will win the Grand Prize of The Price Is Right® Las Vegas Trip, and the fifth through nineteenth valid entries drawn will win a second prize of a Nintendo Wii video game system with The Price is Right®game. The fifth through nineteenth valid entries will be used in the order in which they were drawn to select an alternate grand prize winner in the event the grand prize cannot be awarded.

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 winner by telephone, 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 grand prize 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. This process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of available alternates, provided that, to meet the anticipated schedule for the Las Vegas trip in February 2011, the last date upon which the Lottery will attempt to contact an alternate winner will be January 5, 2011. If the Lottery is unable to contact an alternate by that date, the grand prize will not be awarded. An alternate winner who has not claimed the second prize at the time of notification will be awarded only the grand prize. An alternate winner who has claimed the second prize at the time of notification may retain the second prize.

If the Florida Lottery is unable to contact a second prize 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 second prize will not be awarded.

(7) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a prize in a The Price is Right®Second Chance Drawing, the player must submit to the Florida Lottery the original valid non-winning THE PRICE IS RIGHT®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, F.A.C., and appropriate identification. Winners must also submit 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.

(8) Upon the Florida Lottery’s receipt of a winner’s required documentation, the Lottery will notify the fulfillment company of the name of the winner. The fulfillment company will ship the WiiTM and The Price is Right®video game package prizes to second prize winners within approximately fifteen (15) business days after notification from the Florida Lottery. The estimated retail value of the second prize is three hundred dollars ($300). The fulfillment company will contact the grand prize winners within approximately ten (10) days to make arrangements for the trip to Las Vegas for The Price Is Right® Live! Experience Game.

(9) Each grand prize winner will win a four-day, three-night trip to Las Vegas, Nevada for the prizewinner and one (1) guest. Each trip includes coach airfare for two (2) from any U.S. airport to McCarran International Airport in Las Vegas, all ground transfers between the airport and the hotel and studio, one (1) double occupancy deluxe hotel room for three (3) nights, two (2) tickets to The Price Is Right® Live! Experience Game and five-thousand dollars ($5,000.00) cash. The Florida Lottery shall withhold from the $5,000 cash portion of the Grand Prize Trip federal income tax withholding on the value of the Grand Prize Trip. The estimated retail value of the grand prize is ten thousand dollars ($10,000).

The Grand Prize Trip does not include mileage, gratuities, meals, parking fees, departure fees, excess baggage fees, alcoholic beverages (other than those served without charge at any reception or party), any items not expressly specified and personal expenses such as telephone calls, valet service, laundry and the like, as well as revision or cancellation fees which may be charged by the hotel or other suppliers.

(10) Each grand prize winner must be 21 years of age or older to be eligible to play The Price Is Right®Live! Experience Game stage show. If the prizewinner is under the age of 21, he/she may designate a proxy or request that one be designated by the Florida Lottery or Scientific Games International, Inc. (“SGI”) to play on his/her behalf. If a winner designates a proxy, the proxy will be classified as the winner’s guest; if a winner has a proxy designated by the Florida Lottery or SGI, one (1) guest will be permitted to accompany the winner on the trip. The winner is solely responsible for the actions of the guest who accompanies the winner on the trip. If a winner’s guest is a minor, the winner must be the parent or legal guardian of such guest.

The grand prize winner or the winner’s guest must have a valid credit card or shall be required to post a cash deposit to cover incidental costs to check into the hotel. Grand prize winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license or passport).

(11) The grand prize trip is not transferable or assignable without the express written consent of the Florida Lottery. If the prizewinner advises the Florida Lottery in advance that he or she is unable to take the grand prize trip, the prizewinner will receive the cash portion of the grand prize and may designate a proxy to use the travel portion of the grand prize in his or her stead and participate on the game show; in such event, the prizewinner shall receive any prize won by the proxy and the grand prize trip and all prizes won by the proxy on the game show will be taxable to the prizewinner.

If the grand prize winner is traveling via air and fails to appear at the designated time and place of departure, the airfare portion of the prize shall be forfeited and prizewinner shall be responsible for making alternative arrangements to travel to Las Vegas at his or her own expense.

Unless prior alternative arrangements have been made, if the grand prize winner fails to check into the hotel when he or she arrives in Las Vegas, the hotel portion of the prize shall be forfeited. Unless prior alternative arrangements have been made, if the prizewinner fails to arrive at the theater for his or her scheduled Experience Game, that portion of his or her prize shall be forfeited.

In the event that a grand prize winner is unable to attend the trip due to unforeseen circumstances, and there is insufficient time to designate a person to take the trip in his or her stead as described above, the Florida Lottery or SGI will appoint a proxy to play The Price Is Right® Experience Game for the prizewinner. The prizewinner shall receive any prize won by the proxy;

(12) At the scheduled Experience Game, each prizewinner will be randomly mixed with other The Price Is Right®Florida Lottery prizewinners and assigned to one (1) of four (4) color coded groups of six (6) prizewinners upon entering The Price Is Right® theater. Prizewinners’ guests will sit with them in their color coded section but will not be eligible to be contestants. One (1) prizewinner from each color group will then be randomly selected to “Come On Down!” to Contestant’s Row and bid on an item for a chance to go on stage and participate as a prizewinner contestant in The Price Is Right® Experience Game with the host and play one of the famous The Price Is Right®pricing games. Four (4) new audience participants will be selected for each round. All twenty-four (24) prizewinners will visit Contestant’s Row during the show and six (6) prizewinner contestants will play pricing games on stage and vie for a chance to participate in the SHOWCASE SHOWDOWN™ for a chance to win a The Price Is Right®prize package.

Payment of all federal, state and/or local taxes on prizes awarded in conjunction with a winner’s participation in The Price Is Right®Live! Experience Game will be the responsibility of the winner.

(13) One prizewinner from each color coded group (four (4) total) will be randomly selected to participate in the Big Money Wheel Bonus Spin, for a chance to qualify to win cash prizes from $1,000 to $1,000,000. The Big Money Wheel Bonus Spin will be conducted in accordance with SGI’s Big Money Wheel Bonus Spin procedures. Prizes won shall be paid by SGI and federal withholding taxes, if applicable, shall be withheld by SGI from the Big Money Wheel Bonus Spin cash prizes. A check and an IRS Form W-2G shall be mailed to the prizewinner within ten (10) business days.

(14) Grand prizes are not transferable or assignable, and no substitutes for prizes are available, except by the Florida Lottery, which reserves the right, in its sole discretion, to substitute different prizes of comparable value should the grand prize become unavailable.

(15) The Florida Lottery, Scientific Games International, Inc., MDI Entertainment, LLC, What’s Up, LLC, FremantleMedia North America Inc., and their respective parent companies, affiliates, subsidiaries, directors, officers, agents and employees assume no liability or responsibility for damages, losses, or injury resulting from this promotion or the acceptance or use of a prize and provide no warranty for any prizes won on The Price Is Right®Live! Experience Game. Any warranties and guarantees are those of the manufacturer only.

(16) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met.

(17) Except as specifically mentioned herein, all federal, state and/or local taxes or other fees on the prizes won in The Price is Right® Second Chance Drawing and during the Las Vegas trip 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 awarded in connection with the second prizes in the Second Chance Drawing from which to withhold taxes, a nonresident alien claimant who is selected as a winner of a second prize 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.

(18) No cash option is available in lieu of The Price is Right® Second Chance Drawing prizes.

(19) If the winner of a grand prize in The Price is Right® Second Chance Drawings 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 is an amount less than the cash portion of the prize, the non-cash portion of the prize and the cash portion of the prize less withholding taxes and the amount owed, shall be awarded. If the winner is identified as owing such a debt in an amount greater than the cash portion of the prize, the winner’s entire cash portion of the prize will be applied toward the outstanding debt as provided in Section 24.115, Florida Statutes, and the winner will receive the remaining non-cash portion of the prize, if any.

(20) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder.

(21) 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.

(22) By entering The Price Is Right®Second Chance Drawing, a player gives his or her permission for the Florida Lottery to provide the player’s address and telephone number to Scientific Games International for prize fulfillment purposes.

(23) By entering The Price Is Right®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.

(24) The Price Is Right® 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.

(25) 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 8-20-10, Replaces 53ER10-25.

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 20, 2010