Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No. : RULE TITLE :
53ER11-7: Orlando Magic Fan Experience Second Chance Promotion.
SUMMARY: The Department of the Lottery will conduct an Orlando Magic 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:

53ER11-7 Orlando Magic Fan Experience Second Chance Promotion.

(1) From Tuesday, January 11, 2011, through Tuesday, March 22, 2011, players can enter their non-winning ORLANDO MAGIC Scratch-off tickets in one (1) of four (4) Orlando Magic 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 drawing, Wednesday, February 2, 2011:

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

2. One (1) prize of a Fly-Away trip. The winner and a guest will get a trip to Miami to see the Orlando Magic play the Miami HEAT on March 3, 2011, including a two (2) night hotel stay at a downtown 4-Star Miami hotel, air transportation for two (2) from any Florida regional airport servicing two (2) or more major airlines and two (2) tickets to the game. (Valued at $1,600)

3. Two (2) prizes of Court Of Dreams-Play on the Magic Practice Court. The winner and a guest will get the opportunity to play a game on the Orlando Magic Practice Court. Each team will be coached by a MAGIC Coach or Legend. Each winner will receive a $100 gift certificate to the MAGIC Team Shop and all participants will receive an Orlando Magic replica jersey. The game will take place during the off-season. (Valued at $1,400)

4. Two (2) prizes of Meet an Orlando Magic Player or Legend. The winner and a guest will get the opportunity to meet a MAGIC player or Legend. Each winner will receive an autographed MAGIC hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to that night’s game. (Valued at $950)

5. 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 an Orlando Magic Coach/Legend at the new Amway Arena and then get a tour of the facility. Each winner will receive a pair of tickets to an agreed upon MAGIC game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

6. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official Orlando Magic locker room and training facility. Each winner will get his or her photograph taken in the locker room, two (2) tickets to an agreed upon game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

7. One hundred seventy (170) Orlando Magic Fan Packs for two, including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the MAGIC’s logo in team colors, a nylon travel kit with Orlando Magic’s logo on the front, a wristband with the NBA logo, a NBA backpack with Orlando Magics’s logo on the front, an adidas® replica jersey with an Orlando Magic player’s name and number, one (1) each of an adidas® NBA Orlando Magic t-shirt and a NBAPI logo t-shirt with the Orlando Magic logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

(b) Second drawing, Wednesday, February 16, 2011:

1. Two (2) prizes of two (2) tickets (total of four (4) tickets per draw) to the April 10, 2011 Orlando Magic v. Chicago Bulls 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 sixteen (16) to one of the Orlando Magic Suites to attend a mutually agreed upon MAGIC game. Includes sixteen (16) game tickets, food and non-alcoholic beverages. (Valued at $6,500)

3. Two (2) prizes of Court Of Dreams-Play on the Magic Practice Court. The winner and a guest will get the opportunity to play a game on the Orlando Magic Practice Court. Each team will be coached by a MAGIC Coach or Legend. Each winner will receive a $100 gift certificate to the MAGIC Team Shop and all participants will receive an Orlando Magic replica jersey. The game will take place during the off-season. (Valued at $1,400)

4. Two (2) prizes of Meet an Orlando Magic Player or Legend. The winner and a guest will get the opportunity to meet a MAGIC player or Legend. Each winner will receive an autographed MAGIC hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to that night’s game. (Valued at $950)

5. 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 an Orlando Magic Coach/Legend at the new Amway Arena and then get a tour of the facility. Each winner will receive a pair of tickets to an agreed upon MAGIC game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

6. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official Orlando Magic locker room and training facility. Each winner will get his or her photograph taken in the locker room, two (2) tickets to an agreed upon game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

7. One hundred seventy (170) Orlando Magic Fan Packs for two (2), including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the MAGIC’s logo in team colors, a nylon travel kit with Orlando Magic’s logo on the front, a wristband with the NBA logo, a NBA backpack with Orlando Magics’s logo on the front, an adidas® replica jersey with an Orlando Magic player’s name and number, one (1) each of an adidas® NBA Orlando Magic t-shirt and a NBAPI logo t-shirt with the Orlando Magic logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

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

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

2. One (1) prize of a Private Party for ten (10). One hour before the Premium doors open before the game, the winner and nine (9) guests will attend a private party in the ONE80 lounge. Includes ten (10) game tickets, food and non-alcoholic beverages. (Valued at $4,000)

3. Two (2) prizes of Court Of Dreams-Play on the Magic Practice Court. The winner and a guest will get the opportunity to play a game on the Orlando Magic Practice Court. Each team will be coached by a MAGIC Coach or Legend. Each winner will receive a $100 gift certificate to the MAGIC Team Shop and all participants will receive an Orlando Magic replica jersey. The game will take place during the off-season. (Valued at $1,400)

4. Two (2) prizes of Meet an Orlando Magic Player or Legend. The winner and a guest will get the opportunity to meet a MAGIC player or Legend. Each winner will receive an autographed MAGIC hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to that night’s game. (Valued at $950)

5. 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 an Orlando Magic Coach/Legend at the new Amway Arena and then get a tour of the facility. Each winner will receive a pair of tickets to an agreed upon MAGIC game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

6. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official Orlando Magic locker room and training facility. Each winner will get his or her photograph taken in the locker room, two (2) tickets to an agreed upon game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

7. One hundred seventy (170) Orlando Magic Fan Packs for two, including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the MAGIC’s logo in team colors, a nylon travel kit with Orlando Magic’s logo on the front, a wristband with the NBA logo, a NBA backpack with Orlando Magics’s logo on the front, an adidas® replica jersey with an Orlando Magic player’s name and number, one (1) each of an adidas® NBA Orlando Magic t-shirt and a NBAPI logo t-shirt with the Orlando Magic logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

(d) 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 Orlando Magic v. Chicago Bulls home game, and a chance to win a Playoff Fly Away Trip for two (2). (Valued at $400)

2. One (1) prize of an Honorary Game Captain. The winner and a guest will get the opportunity to sit court-side during pre-game warm-ups and go to the Center Court and shake hands with the Captains from each team and the officiating crew before tip-off. The winner will receive two (2) tickets to that night’s game. (Valued at $950)

3. Two (2) prizes of Court Of Dreams-Play on the Magic Practice Court. The winner and a guest will get the opportunity to play a game on the Orlando Magic Practice Court. Each team will be coached by a MAGIC Coach or Legend. Each winner will receive a $100 gift certificate to the MAGIC Team Shop and all participants will receive an Orlando Magic replica jersey. The game will take place during the off-season. (Valued at $1,400)

4. Two (2) prizes of Meet an Orlando Magic Player or Legend. The winner and a guest will get the opportunity to meet a MAGIC player or Legend. Each winner will receive an autographed MAGIC hat, the opportunity to take a picture with the Player/Legend, and two (2) tickets to that night’s game. (Valued at $950)

5. 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 an Orlando Magic Coach/Legend at the new Amway Arena and then get a tour of the facility. Each winner will receive a pair of tickets to an agreed upon MAGIC game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

6. Two (2) prizes of a Locker Room Tour. The winner and a guest will get the opportunity to take a tour of the official Orlando Magic locker room and training facility. Each of the winners will get his or her photograph taken in the locker room, two (2) tickets to an agreed upon game and a $100 gift certificate to the MAGIC Team Shop. (Valued at $800)

7. One hundred seventy (170) Orlando Magic Fan Packs for two, including two (2) each of officially licensed adidas® NBA slouch caps, terry velour Rally Towel with the MAGIC’s logo in team colors, a nylon travel kit with Orlando Magic’s logo on the front, a wristband with the NBA logo, a NBA backpack with Orlando Magics’s logo on the front, an adidas® replica jersey with an Orlando Magic player’s name and number, one (1) each of an adidas® NBA Orlando Magic t-shirt and a NBAPI logo t-shirt with the Orlando Magic logo and a NBA Logoman®, and a Spalding® NBA official game basketball. (Valued at $437)

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

The ticket number is located below the play instructions on the front of an ORLANDO MAGIC Scratch-Off ticket. Scratch off the latex covering to reveal the 24-digit ticket number. Winning ORLANDO MAGIC 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 Orlando Magic 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) Orlando Magic 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 Orlando Magic 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, or electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-00104.

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 Orlando Magic 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 Orlando Magic 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 MAGIC vs. Chicago Bulls basketball game, each of the eight (8) winners of (3)(a)1., (b)1., (c)1. and (d)1. above will scratch off play symbols on an oversized Florida Lottery ORLANDO MAGIC Scratch-Off ticket. The person whose ticket reveals three (3) matching airplane play symbol images will win the Fly Away trip to see the MAGIC 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 and two (2) tickets to the Playoff game. If the Orlando Magic 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 Orlando Magic 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) The Florida Lottery will pay applicable federal income tax withholding on the value of the Suite Night prize in the second drawing. Any additional federal, state and/or local taxes or fees on this prize and all federal, state and/or local taxes or other fees on the other prizes won in the Orlando Magic 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 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 Orlando Magic 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 Orlando Magic 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 Orlando Magic for prize fulfillment purposes.

(18) By entering the Orlando Magic 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) Orlando Magic 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 1-11-11.

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 11, 2011