Current through Reg. 50, No. 060; March 26, 2024
(1) Beginning
August 1, 2022 and through August 14, 2022 ("Promotion Period") the Florida
Lottery will conduct the POWERBALL® First
Millionaire of the Year® Promotion ("Promotion")
to select one prizewinner of a New Year's Rockin' Eve VIP Experience ("Prize
Package" or "Prize" or "Trip Prize"). The Administrator of the Promotion is PP
+ K, Inc. The Prize Provider is DCP Rights, LLC.
(2) How to Enter.
(a) No purchase or payment is required to
enter.
(b) Players must be legal
residents of the United States and reside in the State of Florida.
(c) To enter, a player will go to the Florida
Lottery's social media page on either InstagramTM at
www.instagram.com/floridalottery
or FacebookTM at
www.facebook.com/floridalottery
or players may type in firstmillionaire.flalottery.com on the address bar/URL
bar. Players will then enter their contact information, including their
Instagram and TwitterTM handles, verify that they
are over the age of 18 years, and follow the Lottery through the Florida
Lottery's Instagram account, at
www.instagram.com/floridalottery.
Players may also earn one (1) additional entry by following the Lottery through
the Florida Lottery's Twitter account, at
www.twitter.com/floridalottery.
Message and data rates may apply for players entering on mobile
devices.
(d) Only one entry is
permitted per email address. Players using different/multiple names and/or
different/multiple email addresses will be subject to automatic
disqualification from winning in this Promotion. Potential winners may be
required to show proof of being the authorized account holder and/or is a legal
U. S. resident and Florida resident.
(e) In the event a player wins the Trip
Prize, the name a player uses to enter must match the name shown on his/her
identification provided to make a claim, except for a person who has made a
legal name change. A person who has made a legal name change must provide a
copy of a marriage certificate/judgment/court order, as applicable, as proof of
a differing name. Fictitious names and business names will not be accepted and
shall subject the player and any associated entries to
disqualification.
(f) The odds of
winning depend on the number of entries in the drawing. All entries are subject
to validation by the Florida Lottery and may be disqualified if eligibility
requirements are not met.
(3) Drawing. Winners will be selected using
the nth entry selection process. Entry number will be based on the date and
time an entry is received by the Lottery. The drawing date, entry period, and
number of prizes are as follows:
|
DRAWING
|
DRAWING DATE
|
ENTRY PERIOD
|
|
1
|
August 15, 2022
|
August 1, 2022 (12:00:00 a.m. ET) - August 14, 2022
(11:59:59 p.m. ET)
|
|
PRIZE
|
NUMBER OF PRIZES
|
|
New Year's Rockin' Eve VIP Experience
|
1
|
In the drawing, five (5) valid entries will be drawn. The
first valid entry will win the New Year's Rockin' Eve VIP Experience, subject
to timely contact with the Lottery and receipt of all necessary documentation
within the time required, as set forth herein. The second through fifth valid
entries will serve as alternates, in the order drawn, in the event a
prizewinner cannot be notified or fails to timely provide the required claim
documentation as set forth in subsection (5), below, or in the event an entry
is disqualified.
(4) New
Year's Rockin' Eve VIP Experience Prize Prizewinner Notification.
The Florida Lottery will attempt to notify the prizewinner by
email using the contact information provided in the prizewinner's entry data
within ten (10) business days after the date the winner is selected. The
Florida Lottery deems the prizewinner's entry data as the prizewinner's
official contact information. Issuing an email shall constitute notification.
The Florida Lottery will not attempt to further locate a prizewinner if
attempts to reach the prizewinner by email are unsuccessful. If the Florida
Lottery is unable to have contact with a prizewinner within ten (10) business
days after issuance of the email to him/her, the prizewinner will forfeit his
or her right to claim the prize and the Florida Lottery will notify an
alternate prizewinner. If the Florida Lottery is unable to have contact with an
alternate prizewinner within ten (10) business days of the date of issuance of
an email, the alternate will forfeit his or her right to claim the prize. This
process will continue until all alternates have been exhausted. If all
alternates have forfeited, the prize will not be awarded. The Florida Lottery
is not responsible or liable for system failures of any sort or type,
including, but not exclusively, computer failures, email service failures,
telephone failures.
(5) How
to Claim the New Year's Rockin' Eve VIP Experience Prize. To claim the New
Year's Rockin' Eve VIP Experience prize, the prizewinner must submit to the
Florida Lottery a completed Winner Claim Form DOL 173-2, Revised 7/22, or
Spanish Winner Claim Form DOL 173-2S, Revised 7/22, and copy of acceptable
identification as set forth in the rule of the Florida Lottery governing
Payment of Prizes, 53ER22-45, F.A.C. 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 32399-4011. Depending
on the form of identification provided and, at its discretion, the Florida
Lottery may require other proof of legal U.S. residency and Florida residency.
The additional proof of U.S. residency and Florida residency must include the
prizewinner's name in conjunction with a valid Florida address.
The prizewinner must also submit a completed Winner Release,
Acknowledgement and Authorization form DOL 474-NYC-W, 8/1/2022, along with a
Guest Release, Acknowledgement and Authorization form DOL 474-NYC-G, 8/1/2022,
for his/her guest, to be completed by the guest, or parent or legal guardian in
the event a Guest is under the age of 18 years. A Guest must be chosen by
November 1, 2022. If a Guest is not chosen within the deadline period for
submission of the prizewinner's documents, the Guest Release, Acknowledgement
and Authorization form may be submitted at a later date, so long as it is no
later than November 1, 2022. Forms DOL 173-2, DOL 173-2S, DOL 474-NYC-W, and
DOL 474-NYC-G are hereby incorporated by reference. Forms DOL 173-2 and DOL
173-2S can be obtained from any Florida Lottery office or retailer, from the
Florida Lottery's website at flalottery.com, or by contacting Florida Lottery,
Customer Service at (850)487-7787 or TTY (800)955-8771 or 250 Marriott Drive,
Tallahassee, Florida 32301. Forms DOL 474-NYC-W and DOL 474-NYC-G can be
obtained from any Florida Lottery office or by contacting Florida Lottery,
Customer Service at (850)487-7787 or TTY (800)955-8771 or 250 Marriott Drive,
Tallahassee, Florida 32301. Upon the Florida Lottery's receipt of the
prizewinner's required documentation, within the required timeframe, the
Florida Lottery will award the Trip Prize. The prizewinner's information will
be provided to DCP Rights, LLC ("Prize Provider"), who will coordinate with the
prizewinner. Soon thereafter, the prizewinner will be contacted by a
representative of the Prize Provider.
The required documents must be received by the Florida
Lottery no later than ten (10) business days after the Florida Lottery has
first notified the prizewinner by email (issuing an email constitutes
notification). If the Florida Lottery does not receive the required documents
from a prizewinner by the tenth business day after notification, the
prizewinner will forfeit his or her right to claim the prize. The same
timeframe for the prizewinner to return required documentation to the Florida
Lottery shall apply to an alternate prizewinner.
(6) New Year's Rockin' Eve VIP Experience.
The Trip Prize will consist of the elements below and provide a chance to
participate in the $1,000,000 prize drawing for a chance to win $1,000,000
during the live television broadcast of Dick Clark's New Year's Rockin' Eve
Program ("Program").
(a) New Year's Rockin'
Eve VIP Experience consists of the following:
1. Round trip coach-class airline
transportation for two (2) people from an airport near the prizewinner's
residence to New York City. If a prizewinner resides within 250 miles of New
York City, rail or other ground transportation will be provided instead of
airline transportation. A guest must travel on the same itinerary as the
prizewinner/prizewinner's proxy, as applicable.
2. Three (3) nights' hotel accommodations
(double occupancy) at a hotel in or around Times Square.
3. Two (2) tickets for a December 29, 2022
welcome dinner at a venue to be selected by the Prize Provider.
4. Two (2) tickets for a December 30, 2022
entertainment experience to be determined by the Prize Provider.
5. Two (2) tickets to a New Year's Eve dinner
at a location to be determined by the Prize Provider.
6. Two (2) gift bags, each with an
approximate retail value of three hundred fifty dollars ($350).
7. Meals (breakfast, lunch, and dinner) at
the hotel accommodation. Any meals away from the hotel are the exclusive
responsibility of the prizewinner, proxy, if applicable, and guest.
8. Spending money in the amount of one
thousand dollars ($1,000), in the form of a Gift Card.
9. Ground transportation to and from
airports, hotel, and activities while in New York City.
10. Entry in a drawing for a chance to become
a finalist in the Powerball First Millionaire of the New Year drawing for a
chance to win $1,000,000 prize; and
11. Payment of Federal income tax withholding
on the total retail value of the New Year's Rockin' Eve VIP Experience elements
described in subparagraphs 1. through 9., above. The reportable taxable value
of the prize includes the value of the prize plus the value of the Federal
income tax withholding paid by the Lottery. The approximate retail value of the
Trip Prize is $20,000. The estimated reportable taxable value of the Prize for
a U.S. citizen or legal resident is $26,315.79.
12. All other costs and expenses involved
with or related to the acceptance and/or participation in the Trip Prize not
specifically included in the prize elements, listed above, for example, but not
exclusively, ground transportation; transportation to and from airport to
prizewinner's home/residence; transfers; additional hotel amenities (i.e. spa
services, internet access, phone calls, laundry services); fees and gratuities;
airline premium seat fees; airline baggage fees (both checked and carry on);
personal expenses such as laundry, valet service, photos, souvenirs, and other
incidentals; as well as rebooking or cancellation fees that may be charged by
an airline, hotel, or other suppliers, are the sole responsibility of the
prizewinner, proxy, and/or guest, as applicable.
13. The prizewinner, or proxy, will be
required to submit a valid major credit card to the hotel to cover all expenses
not specifically awarded as part of the Trip Prize.
14. The Prize Provider shall determine, in
its sole discretion, the specific merchandise models, items, vendors, and/or
retailers for all elements of the Trip Prize and reserves the right to
substitute any portion or elements of the Trip Prize for items of comparable or
greater value and/or any specified brand, vendor, or retailer for one of
comparable quality. Elements, including, but not exclusively, travel and hotel
accommodations and planned activities, of the Trip Prize are subject to
availability and may be fulfilled by third-party companies and/or
vendors.
15. An opportunity to
participate in the recording and production of Dick Clark's New Year's Rockin'
Eve Program and/or appear in the broadcast of the Program is not a Prize
element and is determined by the Prize Provider, at its sole
discretion.
(b) The
prizewinner/prizewinner's proxy, as applicable, may have the opportunity to
participate and appear on the Program, subject to a background check, execution
of appearance release/s, and all then-current Federal, state, and/or local
government and/or agency, network, or Prize Provider laws, regulations,
restrictions, guidelines, and/or protocols (collectively, "Production
Requirements").
(c) The prizewinner
may appoint a proxy (or have a proxy appointed) to participate and appear in
the Program, subject to the proxy's satisfying the Production Requirements. In
such event, the prizewinner will still receive all elements of the prize,
unless he or she elects to give them to his or her proxy, and shall remain
eligible to win the $1,000,000 prize. Prizewinner is not permitted to allow any
proxy to be entered into the drawing for the chance to become a finalist in the
$1,000,000 drawing. The deadline to appoint a proxy is November 18, 2022, and
the prizewinner shall complete a Proxy Appointment and Acknowledgement Form DOL
491-B, revised 5/21. The proxy must complete a Proxy Release, Acknowledgement
and Authorization Form DOL 474-NYC-P, 8/1/2022. All forms must be received by
the Lottery by November 18, 2022. Forms DOL 491-B and DOL 474-NYC-P are hereby
incorporated by reference and can be obtained from any Florida Lottery office
or by contacting Florida Lottery, Customer Service at (850)487-7787 or TTY
(800)955-8771 or 250 Marriott Drive, Tallahassee, Florida 32301.
(d) In the event that the prizewinner's
designated proxy does not satisfy the Production Requirements, the Prize
Provider reserves the right, in its sole discretion, either to:
1. Allow the prizewinner to appoint another
proxy to appear in the Program in the prizewinner's place, subject to Prize
Provider's production schedule and deadlines and satisfying the Production
Requirements; or
2. Appoint another
proxy, selected by the Prize Provider, to appear in the Program in the
prizewinner's place.
(e)
The prizewinner's eligibility to participate in the Program and/or the drawing
for the $1,000,000 prize is not affected by the prizewinner's failure to
satisfy the Production Requirements and/or by any information obtained pursuant
to a background check, but those failures may affect the nature of the
Prizewinner's appearance and/or degree of participation in the Program. The
Prize Provider reserves the right to appoint a proxy to appear and participate
in the Program for the prizewinner for any reason as it may determine in its
sole discretion. The appointment of any proxy shall not affect the
prizewinner's eligibility for the $1,000,000 prize.
(f) The date and location of any activities
included in the Prize Package are subject to change and availability. If any
activity is delayed, postponed, or canceled for any reason, in whole or in
part, the prizewinner will not receive compensation in lieu of any such
delayed, postponed, or canceled element of the Trip Prize and will remain
responsible for the full taxable value.
(g) Except as provided herein for a proxy, no
prize element substitution, cash substitution, assignment, or transfer of the
Trip Prize or any elements thereof is permitted. Any unused elements of the
Trip Prize will be forfeited, will not be redeemable for cash, and will not
reduce the Trip Prize value awarded for tax purposes.
(7) Finalist Drawing and $1,000,000 prize
drawing. One prizewinner from each participating Lottery in their states'
Powerball First Millionaire of the Year Promotion, will be entered into a
Finalist Drawing anticipated to be conducted on December 31, 2022, in which
five finalists will be selected to be entered into the $1,000,000 prize
drawing. The $1,000,000 prize drawing is anticipated to be conducted on January
1, 2023, in which one $1,000,000 prize will be awarded to one of the five
finalists. A prizewinner is not required to be present at the Finalist Drawing
to be entered or selected in the Finalist Drawing, nor is a finalist required
to be present at the $1,000,000 prize drawing to be entered or selected in the
$1,000,000 prize drawing. Both the Finalist Drawing and the $1,000,000 prize
drawing will be conducted by the Multi-State Lottery Association (MUSL). The
$1,000,000 prize prizewinner will be announced on or about January 1, 2023. The
odds of being selected as a finalist depend on the total number of eligible
entries from all participating Lotteries, including the Florida Lottery. The
odds of a finalist winning the $1,000,000 prize in the $1,000,000 Prize Drawing
are 1 in 5.
(8) $1,000,000 Prize
Claiming Procedures. If the prizewinner in the $1,000,000 prize drawing is a
Florida winner, the prizewinner will be required to complete a Winner Claim
Form DOL-173-2, Revised 7/22, or Spanish Winner Claim Form DOL-173-2S, Revised
7/22, and provide a copy of acceptable identification as set forth in
subsection (5), above. Payment of prizes will be made in accordance with the
rule of the Florida Lottery governing payment of prizes. Applicable tax forms
for the $1,000,000 prize will be issued by the Florida Lottery to the
prizewinner separately from the tax forms for the Trip Prize.
(9) Analysis for State-Owed Debt and Child
Support Debt. Prior to the award of any cash prize, the prizewinner will be
analyzed for Florida state-owed debt and child support debt. If the prizewinner
is identified as owing any outstanding debt to any state agency or owes child
support collected through a court, the debt will be offset in accordance with
Section
24.115, F.S. If
the debt is an amount less than the amount of the cash prize, the balance of
the prize less applicable income tax withholding and after the debt is offset
shall be awarded. If the debt is an amount greater than any cash prize, the
entire prize amount after applicable income tax withholding will be applied to
the outstanding debt.
(10) Taxes.
(a) Except as specifically mentioned herein,
all Federal, state and/or local taxes or other fees on all prizes, as
applicable, will be the responsibility of the prizewinner.
(b) If the prizewinner of the New Year's
Rockin' Eve VIP Experience is a nonresident alien, he or she will be required
to forward to the Lottery a payment for the difference between the Federal tax
withholding for a U.S. citizen or legal resident (24%) on the value of the Trip
Prize plus Federal taxes paid ($26,315.79) and thirty percent (30%) on the
value of the Trip Prize plus Federal taxes, which is the rate of withholding
required for a nonresident alien, to cover Federal taxes prior to award of the
Trip Prize to him/her.
(c) If
applicable, the winner of the $1,000,000 prize, and pursuant to applicable
provisions of the Internal Revenue Service code, Federal income taxes will be
withheld at a rate of twenty-four percent (24%) for a U. S. citizen or legal
resident and at the rate of thirty percent (30%) for a nonresident alien. The
reporting and subsequent payment of any additional Federal, state, and/or local
taxes and any other fees and costs shall be the responsibility of the
prizewinner.
(d) Inclusion in this
rule of nonresident alien Federal tax information is not to be seen as
inconsistent with and does not imply that any person other than a legal U. S.
resident and Florida resident is eligible to enter this Promotion.
(e) Any forfeiture; inability to travel or
partake of any Trip Prize element; appointment of a proxy; delayed, postponed,
or canceled element; or unused element, will not reduce the value for tax
purposes. The prizewinner shall remain responsible for tax on the full value of
the Trip Prize.
(11)
Other Restrictions and Provisions.
(a) A
prizewinner must be at least 18 years of age. If the prizewinner is under the
age of 21 years, prizewinner's Guest must be at least 18 years of age. If the
prizewinner is 21 years of age or older, his or her Guest may be under 18 but
must be at least 13 years of age as the first date of travel. In the event the
Guest is a minor, the prizewinner must be a parent or legal guardian of the
Guest; the Florida Lottery reserves the right to require proof of the
same.
(b) A prizewinner is solely
responsible for the actions of their guest/s.
(c) Players will also be required to comply
with the Terms and Conditions of the Administrator (PP + K, Inc.), which can be
found at firstmillionaire.flalottery.com, the "Trip Prize Terms and
Conditions", attached to this rule as Exhibit A, and any terms set forth in the
"Powerball First Millionaire of the Year Promotion (2022-23) Trip Prize
Description, attached to this rule as Exhibit B. Should there be any
discrepancy between this rule and any of the afore-mentioned documents, this
rule shall prevail.
(d) If for any
reason the Promotion is not able to be conducted as planned, including, but not
limited to, by reason of infection by computer virus, bugs, tampering,
unauthorized intervention, fraud or any other causes beyond the reasonable
control of Florida Lottery/its Administrator which corrupt or affect the
administration, security, fairness, integrity or proper conduct of the
Promotion, then the Florida Lottery reserves the right at its sole discretion
to cancel, terminate, modify or suspend the Promotion. At its discretion, the
Lottery may then select a winner from those entries received up to the
cancellation/suspension date, without obligation or liability.
(e) All prizes are subject to the provisions
of Chapter 24, F.S., and rules promulgated thereunder. Prizes will be paid in
accordance with the rule of the Florida Lottery governing payment of prizes.
Copies of the current prize payment rule can be obtained from the Florida
Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee,
Florida 32399-4011.
(f) Persons
prohibited by Section
24.116,
F.S., from purchasing a Florida Lottery ticket are not eligible to enter the
Powerball First Millionaire of the Year Promotion. Additionally, officers,
directors, members, managers, employees, and contractors of PP + K, Inc., DCP
Rights, LLC, MUSL, and American Broadcasting Companies, Inc. and each of their
respective parent, subsidiary, and/or affiliated entities and members of the
immediate family, regardless of where they reside, and others residing with the
above are not eligible to enter this Promotion.
(g) By entering the Powerball First
Millionaire of the Year 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.
Rulemaking Authority 24.105(9), 24.109(1) FS. Law
Implemented 24.105(9), 24.115(1) FS.
