Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No.: RULE TITLE
53ER10-41: Canes® Fan Experience Second Chance Promotion.
SUMMARY: The Department of the Lottery will conduct a Canes® Fan Experience Second Chance Promotion between September 1, 2010 and November 29, 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:

53ER10-41 Canes® Fan Experience Second Chance Promotion.

(1) From Wednesday, September 1, 2010, through Sunday, November 28, 2010, players who purchase a $5.00 or more FLORIDA LOTTO™ with $5.00 or more XTRA® ticket (a total of $10.00 or more) at a participating Publix Super Market will receive a voucher with a unique serial number that can be entered in one (1) of three (3) promotions on the Florida Lottery Web site: the Canes® Fan Experience Second Chance Promotion, the Florida Gators® Fan Experience Second Chance Promotion, or the Seminoles® Fan Experience Second Chance Promotion.

(2) In the Canes Fan Experience Second Chance Promotion, four (4) second chance drawings will be held between September 27 and November 8, 2010 from entries received during the entry periods shown below. One (1) final drawing will be held on November 29, 2010 from all entries received between September 1 and midnight on the night before the drawing, excluding entries selected as winners in the first four (4) drawings.

Players may enter as many times as they wish during the contest period. However, each valid voucher serial number may only be used one (1) time, for one (1) entry into one promotion. Entries received from the beginning of the entry period for a drawing through midnight ET on the night before the drawing will be included in the drawing. All entries received from September 1 through November 28, 2010, excluding entries selected as winners in the first four (4) drawings, will be included in the final drawing on November 29, 2010. The draw dates are:

Drawing

Draw Date

From Entries Received

1

Monday, September 27, 2010

September 1 September 26, 2010

2

Monday, October 11, 2010

September 27 October 10, 2010

3

Monday, October 25, 2010

October 11 October 24, 2010

4

Monday, November 8, 2010

October 25 November 7, 2010

Grand Prize

Monday, November 29, 2010

September 1 November 28, 2010

In each of the first four (4) second chance drawings in the Canes Fan Experience Second Chance Promotion, ten (10) winners will each receive one (1) $25 Publix gift card, $25 in Lottery Scratch-Off tickets, two (2) tickets to the first University of Miami (“UM”) home football game scheduled after the prize claim deadline, and two (2) University of Miami hats and polo shirts for a total value of $270.00.

The Grand Prize drawing will take place on November 29, 2010 and will award three (3) winners with the prizes shown below. The first number selected will win the Grand Prize, the second number selected will win the second place prize and the third number selected will win the third place prize.

(a) Grand Prize. Two (2) tickets to the UM bowl game at the conclusion of the 2010 season*, one (1) hotel room for two nights, airfare for two (2) from anywhere in the U.S. to the city that holds the bowl game**, one (1) autographed Randy Shannon football, two (2) UM hats and polo shirts, one (1) $100 Publix Super Market gift card and $100 in Lottery Scratch-Off tickets. (Total Value – Estimated at $1,840***).

(b) Second Place. Two (2) season tickets for the 2011 UM football season, two (2) UM hats and polo shirts, one (1) $75 Publix Super Market gift card and $75 in Lottery Scratch-Off tickets. (Total Value – $890).

(c) Third Place. Four (4) tickets to a 2011 UM home football game, one (1) $50 Publix Super Market gift card and $50 in Lottery Scratch-Off tickets. (Total Value – $360).

* If the UM does not play in a bowl game at the conclusion of the 2010-2011 season, or if the Grand Prize is not claimed in time for the winner to use the trip for the 2010-2011 bowl game, the trip will be for the next end of season bowl game in which the UM plays.

**No monetary compensation will be given to the winner in lieu of airfare if the bowl game is held in a city in Florida for which air travel from the winner’s city of residence is not required. In such case, the value of the prize for tax reporting will be reduced by the estimated value of the airfare.

***The value of the Grand Prize is dependent upon the location of the winner and the bowl game.

(4) To enter a voucher in the Canes Fan Experience Second Chance Promotion, players must visit the Lottery’s Web site at www.flalottery.com, or the Canes Web site at www.hurricanesports.com, click on the Canes Fan Experience Second Chance Promotion icon and follow the directions.

The voucher serial number is located on the front of the voucher. Vouchers cannot be entered in the drawing within one hour of purchase. Players entering a voucher within one hour of purchase will be directed to return at a later time to enter their voucher in the drawing. FLORIDA LOTTO with XTRA tickets cannot be used for entry in the drawing. The odds of winning are dependent upon the number of entries received. The voucher must be presented in order to claim a prize in the Canes Fan Experience Second Chance Promotion. Vouchers should not be mailed to the Lottery unless players are contacted by the Florida Lottery and requested to do so. Vouchers or tickets received in the mail by the Florida Lottery will not be entered in the drawing and will not be returned.

(5) The prize winners in the Canes Fan Experience drawings will be posted on flalottery.com after the drawings. The Florida Lottery will attempt to notify prize winners in the first four (4) drawings by telephone or e-mail no later than two (2) days after the winners are drawn. If the Florida Lottery is unable to contact a prizewinner within four (4) days of the date of the drawing, the winner will forfeit his or her right to claim the prize and the prize will not be awarded. The Florida Lottery will attempt to notify prize winners in the Grand Prize drawing by telephone, certified mail or e-mail no later than one (1) week after the winners are drawn. If the Florida Lottery is unable to contact a winner in the November 29, 2010, Grand Prize drawing within three (3) weeks of the date of the drawing, the winner will forfeit his or her right to claim the prize and the prize will not be awarded.

(6) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a Canes Fan Experience drawing prize, a winner must submit for receipt by the Florida Lottery no later than five (5) days after being notified by the Lottery that he/she is a winner, the original valid voucher bearing the unique serial number selected in the drawing, a completed Winner Claim Form DOL-173-2 or DOL-173-2S, as referenced in Rule 53ER10-1, F.A.C., a copy of acceptable identification and a completed Release and Authorization form DOL-474, Eff. 10/08. Form DOL-474 is hereby incorporated by reference and can be obtained from any Lottery office or on the Lottery’s website www.flalottery.com. Winners who cannot produce a valid entry voucher and/or do not submit the required documents to the Lottery as set forth above will forfeit their right to claim the prize.

(7) In the event a prize is not claimed in time for the winner to use the game tickets for the scheduled game, reasonable efforts will be made by University of Miami to provide tickets for the next available home game in which the Canes play. Fulfillment of all prizes other than the team merchandise, gift cards and scratch-off tickets will be handled by the University of Miami staff.

(8) If a voucher bearing the serial number selected in the drawing is presented to the Lottery by a person other than the person who entered the number into the drawing, an investigation will be conducted by the Lottery to determine the person entitled to award of the prize.

(9) All federal, state and/or local taxes or other fees on the Canes Fan Experience prizes 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 from which to withhold taxes, a nonresident alien claimant who is selected as a winner 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.

(10) No cash option is available in lieu of the prizes.

(11) The right to claim a prize cannot be assigned to another person or entity.

(12) All prizes are subject to the provisions of Chapter 24, Florida Statutes, and rules promulgated thereunder, including the official Canes Fan Experience Second Chance Promotion rule. Prizes will be paid in accordance with the rule of the Florida Lottery governing payment of prizes. Copies of the current prize payment rule and the Canes Fan Experience Second Chance Promotion rule can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

(13) 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.

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

(15) A player entering the Canes Fan Experience Second Chance Promotion is deemed to have granted 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.

(16) The Canes Fan Experience drawings shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The results of the drawings will be available after the drawing on the Florida Lottery’s Website at flalottery.com, and at participating Florida Lottery retailers.

Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS. History–New 8-31-10, Replaces 53ER09-45.

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 31, 2010