Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No. : RULE TITLE :
53ER11-5: Miami Heat Fan Experience Second Chance Promotion.
SUMMARY: The Department of the Lottery will conduct a Miami Heat Fan Experience Second Chance Promotion Drawing from Tuesday, January 11, 2011 to Tuesday, March 22, 2011, 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:

53ER11-5 Miami Heat Fan Experience Second Chance Promotion.

(1) From Tuesday, January 11, 2011, through Tuesday, March 22, 2011, players can enter their non-winning MIAMI HEAT Scratch-off tickets in one (1) of four (4) Miami Heat Fan Experience Second Chance Promotion drawings on the Florida Lottery Web site.

(2) Four (4) computerized Second Chance drawings will be held from February 2 to March 23, 2011 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, February 2, 2011

January 11 February 1, 2011

2

Wednesday, February 16, 2011

February 2 February 15, 2011

3

Wednesday, March 2, 2011

February 16 March 1, 2011

4

Wednesday, March 23, 2011

March 2 March 22, 2011

 

(3) The following prizes will be awarded, in the order drawn, during each of the following drawings.

(a) First and Second drawings, Wednesday, February 2 and 16, 2011:

1. Two (2) prizes of two (2) tickets (total of four (4) tickets per draw) to the April 10, 2011 Miami Heat v. Boston Celtics home game, and a chance to win a Playoff Fly Away Trip for two (2). (Valued at $400)

2. One (1) prize of a Suite Night for twelve (12) to one of the HEAT Loge Suites to attend a HEAT game. Includes twelve (12) game tickets, food and non-alcoholic beverages. (Valued at $3,000)

3. One (1) prize of a Dewar’s Clubhouse private party for ten (10) including ten (10) game tickets. One hour before the Premium doors open before the game, the winner and nine (9) friends will enjoy a private party in the clubhouse. Food and non-alcoholic beverages will be provided. The party will feature an appearance by two (2) HEAT Dancers for photograph opportunities. Miami Heat shall coordinate with the winner a mutually agreeable date on which the winner may use the prize package. If an acceptable date during the 2010 season cannot be arranged, a date during the 2011 or subsequent season shall be selected. (Valued at $3,500)

4. Two (2) prizes of a Premium Home Game Experience including (2) tickets to the March 3, 2011 Miami HEAT versus the Orlando Magic game, dinner at Dewar’s Lounge and a 4-Star Miami Hotel stay for one (1) night. (Valued at $1,000)

5. Two (2) prizes of Court Of Dreams-Play on the Miami Heat court. The winner and a guest will get the opportunity to play a game on the Miami Heat Court. Each team will be coached by a HEAT player, Legend or Coach. Each winner will receive a $100 gift certificate to the HEAT Team store and all participants will receive a HEAT replica jersey. The game will take place during the off-season. (Valued at $950)

6. One (1) prize of Honorary Captain, including two (2) game tickets. The winner and a guest will get the opportunity to sit court-side during pre-game shoot around and then go to the Center Court and shake hands with the Captains from each team and the officiating crew before Tip-Off. (Valued at $950)

7. Two (2) prizes of Meet a Miami Heat Player or Legend. The winner and a guest will get the opportunity to meet a HEAT player or Legend. Each winner will receive an autographed hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to an agreed upon night’s game. (Valued at $950)

8. Two (2) prizes of Coaches “Chalk Talk Experience.” The winner and a guest will get the opportunity to sit down for a Q & A session with a HEAT Coach/Legend at the new American Airlines Arena and then get a tour of the facility. Each winner will receive a pair of tickets to a HEAT game and a $100 gift certificate to the HEAT Team Store. (Valued at $800)

9. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official HEAT locker room and training facility. Each winner will get his or her photograph taken in the locker room with the Miami HEAT 2006 Championship Trophy and a $100 gift certificate to the HEAT Team Store. (Valued at $625)

10. Two hundred twenty (220) Miami Heat Fan Packs for two (2), including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the HEAT’s logo in team colors, a nylon travel kit with Miami Heat’s logo on the front, a wristband with the NBA logo, a NBA backpack with Miami Heats’s logo on the front, an adidas® replica jersey with a Miami Heat player’s name and number, one (1) each of an adidas® NBA Miami Heat t-shirt and a NBAPI logo t-shirt with the Miami Heat logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

(b) Third drawing, Wednesday, March 2, 2011:

1. Two (2) prizes of two (2) tickets (total of four (4) tickets per draw) to the April 10, 2011 Miami Heat v. Boston Celtics home game, and a chance to win a Playoff Fly Away Trip for two (2). (Valued at $400)

2. One (1) prize of a Suite Night for twelve (12) to one (1) of the HEAT Loge Suites to attend a HEAT game. Includes twelve (12) game tickets, food and beverages. (Valued at $3,000).

3. One (1) prize of a Dewar’s Clubhouse private party for ten (10) including ten (10) game tickets. One hour before the Premium doors open before the game, the winner and nine (9) friends will enjoy a private party in the clubhouse. Food and non-alcoholic beverages will be provided. The party will feature an appearance by two (2) HEAT Dancers for photograph opportunities. (Valued at $3,500)

4. Two (2) prizes of On Court Photo Op. The winner and three (3) guests shall receive tickets to a game where they each will receive a personalized replica HEAT jersey. After the game, they will be escorted down to the court for a photo opportunity and each guest will have the opportunity to take a free-throw on the HEAT court. Miami HEAT shall coordinate with each winner a mutually agreeable date on which the winner may use the prize package. If an acceptable date during the 2010 season cannot be arranged, a date during the 2011 or subsequent season shall be selected. (Valued at $950)

5. Two (2) prizes of Court Of Dreams-Play on the Miami Heat court. The winner and a guest will get the opportunity to play a game on the Miami Heat Court. Each team will be coached by a HEAT player, Legend or Coach. Each winner will receive a $100 gift certificate to the HEAT Team Store and all participants will receive a HEAT replica jersey. The game will take place during the off-season. (Valued at $950)

6. One (1) prize of Honorary Captain, including two (2) game tickets. The winner and a guest will get the opportunity to sit court-side during pre-game shoot around and then go to the Center Court and shake hands with the Captains from each team and the officiating crew before tip-off. (Valued at $950)

7. Two (2) prizes of Meet a Miami Heat Player or Legend. The winner and a guest will get the opportunity to meet a HEAT player or Legend. Each winner will receive an autographed hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to an agreed upon night’s game. (Valued at $950)

8. Two (2) prizes of Coaches “Chalk Talk Experience.” The winner and a guest will get the opportunity to sit down for a Q & A session with a HEAT Coach/Legend at the new American Airlines Arena and then get a tour of the facility. Each winner will receive a pair of tickets to a HEAT game and a $100 gift certificate to the HEAT Team Store. (Valued at $800)

9. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official HEAT locker room and training facility. Each winner will get their photograph taken in the locker room with the Miami HEAT 2006 Championship Trophy and a $100 gift certificate to the HEAT Team Store. (Valued at $625)

10. Two (2) hundred twenty (220) Miami Heat Fan Packs for two (2), including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the HEAT’s logo in team colors, a nylon travel kit with Miami Heat’s logo on the front, a wristband with the NBA logo, a NBA backpack with Miami Heats’s logo on the front, an adidas® replica jersey with a Miami Heat player’s name and number, one (1) each of an adidas® NBA Miami Heat t-shirt and a NBAPI logo t-shirt with the Miami Heat logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

(c) Fourth drawing, Wednesday, March 23, 2011:

1. Two (2) prizes of two (2) tickets (total of four (4) tickets per draw) to the April 10, 2011 Miami Heat v. Boston Celtics home game, and a chance to win a Playoff Fly Away Trip for two (2). (Valued at $400)

2. One (1) prize of a Suite Night for twelve (12) to one of the HEAT Loge Suites to attend a HEAT game. Includes twelve (12) game tickets, food and beverages. (Valued at $3,000)

3. One (1) prize of a Dewar’s Clubhouse private party for ten (10) including ten (10) game tickets. One hour before the Premium doors open before the game, the winner and nine (9) friends will enjoy a private party in the clubhouse. Food and non-alcoholic beverages will be provided. The party will feature an appearance by two (2) HEAT Dancers for photograph opportunities. (Valued at $3,500)

4. Two (2) prizes of a Dewar’s Clubhouse Dinner for four (4). The winner and three (3) guests shall receive dinner in the clubhouse prior to a Miami HEAT home game and four (4) game tickets. Miami HEAT shall coordinate with each winner a mutually agreeable date on which the winner may use the prize package. If an acceptable date during the 2010 season cannot be arranged, a date during the 2011 or subsequent season shall be selected. (Valued at $1,200).

5. Two (2) prizes of Court Of Dreams-Play on the Miami Heat court. The winner and a guest will get the opportunity to play a game on the Miami Heat Court. Each team will be coached by a HEAT player, Legend or Coach. Each winner will receive a $100 gift certificate to the HEAT Team store and all participants will receive a HEAT replica jersey. The game will take place during the off-season. (Valued at $950).

6. One (1) prize of Honorary Captain, including two (2) game tickets. The winner and a guest will get the opportunity to sit court-side during pre-game shoot around and then go to the Center Court and shake hands with the Captains from each team and the officiating crew before Tip-Off. (Valued at $950)

7. Two (2) prizes of Meet a Miami Heat Player or Legend. The winner and a guest will get the opportunity to meet a HEAT player or Legend. Each winner will receive an autographed hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to an agreed upon night’s game. (Valued at $950)

8. Two (2) prizes of Coaches “Chalk Talk Experience.” The winner and a guest will get the opportunity to sit down for a Q & A session with a HEAT Coach/Legend at the new American Airlines Arena and then get a tour of the facility. Each winner will receive a pair of tickets to a HEAT game and a $100 gift certificate to the HEAT Team Store. (Valued at $800)

9. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official HEAT locker room and training facility. Each winner will get his or her photograph taken in the locker room with the Miami HEAT 2006 Championship Trophy and a $100 gift certificate to the HEAT Team Store. (Valued at $625)

10. Two hundred twenty (220) Miami Heat Fan Packs for two (2), including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the HEAT’s logo in team colors, a nylon travel kit with Miami Heat’s logo on the front, a wristband with the NBA logo, a NBA backpack with Miami Heats’s logo on the front, an adidas® replica jersey with a Miami Heat player’s name and number, one (1) each of an adidas® NBA Miami Heat t-shirt and a NBAPI logo t-shirt with the Miami Heat logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

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

The ticket number is located below the play instructions on the front of a MIAMI HEAT Scratch-Off ticket. Scratch off the latex covering to reveal the 24-digit ticket number. Winning MIAMI HEAT 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 Miami Heat Fan Experience Second Chance Promotion 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 requisite number of entries will be drawn to award prizes in the order shown above. An additional ten (10) entries will be drawn in each drawing to serve as alternates, in the order drawn, for unclaimed prizes other than fan packs.

(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 the prize winners, other than winners of fan packs, 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 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) Miami Heat fan packs for two (2) will be shipped to the winner’s address within approximately forty five (45) days after the drawing, with the exception of the replica Miami Heat jerseys, for which shipment may take up to one hundred twenty (120) days. If any prize is returned by the U.S. Postal Service as unclaimed or undeliverable and the Lottery and the fulfillment company are unable to locate the winner after a reasonable attempt to do so, the prize will not be awarded.

(9) All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. To claim a prize other than a fan pack, a winner must submit to the Florida Lottery the original valid non-winning MIAMI HEAT Scratch-Off ticket bearing the unique ticket number selected in the drawing. Without such ticket, the player will forfeit his or her right to claim a prize. Winners must submit a completed Winner Claim Form DOL 173-2, or Spanish Winner Claim Form DOL 173-2S, which are hereby incorporated by reference and can 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. http://www.flrules.org/Gateway/reference.asp?No=Ref-00103.

Winners must also submit a copy of acceptable identification and any and all required releases. 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.

(10) For all prizes other than a fan pack, the Lottery will provide the winner with a certificate from the Miami Heat 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 package won. The Miami Heat shall coordinate with each winner a mutually agreeable date on which the winner may use the prize package. If an acceptable date during the 2010-2011 season cannot be arranged, a date during a future season shall be selected. If a winner of tickets to the April 10, 2011 game advises the Lottery in advance that he or she is unable to attend the game, the winner may designate a proxy to attend the game and participate in the promotion; in such event, the winner shall receive any prize won by the proxy and all prizes won by the proxy in the promotion will be taxable to the winner.

(11) Playoff Fly Away Trip.

(a) On Sunday, April 10, 2011, during a break between quarters of the Heat vs. Boston Celtics basketball game, each of the eight (8) winners of (3)(a)1., (b)1., and (c)1. above will scratch off play symbols on oversized Florida Lottery MIAMI HEAT Scratch-Off tickets. The person whose ticket reveals three (3) matching airplane play symbol images will win the Fly Away trip to see the HEAT play their first Round Playoff opponent on the road.

(b) The winner will receive a two (2) night hotel stay at a 4-Star hotel, air fare for two (2) from any regional airport in Florida servicing two (2) or more major airlines and two (2) tickets to the Playoff game. If the Miami HEAT does not qualify for the play-offs in 2011 or if there is a lockout, the trip will be for the next end of season play-off game in which the Miami HEAT plays.

(c) The value of the Fly Away Trip is $3,000.

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

(13) All federal, state and/or local taxes or other fees on prizes won in the Miami Heat Fan Experience Second Chance Promotion 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 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 Miami Heat Fan Experience Second Chance Promotion 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 Miami Heat 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 Miami Heat for prize fulfillment purposes.

(18) By entering the Miami Heat Fan Experience Second Chance Promotion, 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) Miami Heat Fan Experience Second Chance Promotion 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 1-10-11.

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: January 10, 2011