Section 53ER21-48 - POWERBALL[®] First Millionaire of the Year®Promotion(1) Beginning August 22, 2021, through September 27, 2021 ("Promotion Period") the Florida Lottery will conduct the POWERBALL® First Millionaire of the Year® Promotion ("Promotion"). Players who purchase a POWERBALL® lottery ticket of any price point can scan the barcode on their tickets using the Florida Lottery's Mobile Convenience App ("App") or can manually enter the ticket number through the Florida Lottery's website (flalottery.com) to collect symbols and earn entries into the Semifinalist Drawing for a chance to win a $1,000 prize and become one of fifty Florida semifinalists in the national Finalist Drawing. Additionally, if selected as a one of five finalists, he or she will win a Celebrate@Home New Year's Eve Party Package Prize ("Celebrate@Home Prize") that includes a chance to win the $1 Million prize in the New Year's $1 Million Drawing. POWERBALL lottery tickets, including POWERBALL tickets in a Jackpot Combo play, POWERBALL® tickets with Power Play® and/or Double Play®, and both winning and non-winning POWERBALL tickets [collectively "POWERBALL ticket(s)"] may all be used to enter the Promotion. Only POWERBALL tickets purchased or issued as a "free ticket" during the Promotion Period may be used to enter the Promotion.(2) How to Enter. (a) To enter a POWERBALL® ticket into the Semifinalist Drawing, a player may use the Florida Lottery's website at flalottery.com or use the Florida Lottery's Mobile Convenience App ("App"). 1. Website. On the home page of the Florida Lottery's website, players are to click on the Second Chance tab, select the POWERBALL® First Millionaire of the Year® Promotion and follow the directions or go directly to flalottery.com/powerball_fmy and follow the directions. Players will be prompted to log-in or register. Players using the website may manually enter the 19-digit ticket number (omitting spaces and dashes) on the ticket entry page to collect entries as further described in subsection (3), below.2. App. On the App, players may click on either of the Promotions buttons, select the POWERBALL® First Millionaire of the Year® Promotion and follow the directions. Players will be prompted to log-in or register if not already logged in. A Promotions button is located on the main menu and also on the bottom navigation bar. Players may scan the barcode on the bottom of a ticket or may manually enter the 19-digit ticket number (located near the bottom of the ticket) on the ticket entry page to collect entries as further described in subsection (3), below.3. Regardless of whether a player chooses to participate in the Promotion by using the web browser or the App, the following provisions shall apply:a. The player may use the same account login information to enter tickets;b. The player will only be required to register one time; andc. The player's entry history will be cumulative among the entry platforms.(b) Any attempt by a player to use more than one account by using multiple or different email addresses, identities, registrations, logins, or any other methods will subject the player and any associated entries to disqualification.(c) 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. Lottery tickets should not be mailed to the Lottery for entry into the drawing. Lottery tickets received in the mail by the Florida Lottery for entry into the Promotion will not be entered into the drawing and will not be returned.(3) How to Earn Entries. To collect play symbols and earn entries into the Semi-finalist drawing, a player may scan the barcode on the bottom of a POWERBALL ticket using his or her mobile device or may manually enter the 19-digit ticket number. Thereafter, four game cards will appear on the screen. Each game card contains four spots to collect the four symbols. For each POWERBALL ticket entered, the player will earn 1 symbol for each dollar of the total price of the ticket. If the ticket includes Double Play, the player will also earn an additional number of symbols equal to the price of the ticket. If the ticket includes one or more Monday drawings, the player will also earn an additional number of symbols equal to the price of the ticket. For example, a $10 POWERBALL ticket will earn 10 symbols. A $10 POWERBALL ticket with Double Play will earn 20 symbols. A $10 POWERBALL ticket that includes a Monday drawing will earn 20 symbols. A $10 POWERBALL with Double Play that also includes a Monday drawing will earn 30 symbols. Awarded symbols will be placed randomly in an available game card. When all four symbols have been collected on a game card, the player will earn one entry into the drawing. When a filled game card generates an entry into the drawing, the symbols will be cleared on that game card, and a player can begin collecting more symbols. A player may earn multiple entries during the entry period; however, a player can only win one prize. Players may only manually enter or scan up to two hundred tickets per day, Each ticket number can only be scanned or entered one time. Entries that include training tickets that were produced by a retailer terminal while in training mode or tickets with invalid ticket numbers will be disqualified. The hours for ticket entry are between 6:00 a.m. (ET) and 12:00 midnight (ET) seven days a week during the Promotion Period. The odds of winning depend on the number of entries in each drawing. All entries are subject to validation by the Florida Lottery and may be disqualified if eligibility requirements are not met. POWERBALL lottery tickets shall not be mailed to the Lottery for entry into the Semifinalist Drawing. POWERBALL lottery tickets received in the mail by the Florida Lottery for entry into the Promotion will not be entered into the Semifinalist Drawing, or any other promotional drawing and will not be returned.
(4) Coupons. Beginning August 24, 2021, and continuing through September 27, 2021, 5,000 buy one get one coupons will be generated for every "nth" ticket scanned or entered statewide. When an nth ticket is entered and a coupon awarded, a "bonus notification" will pop-up on the ticket entry page at the conclusion of the entry process. The coupon will be added to the "My Coupons" section of the "Coupons" page of the player's account. Coupons are for a free $2 POWERBALL Quick Pick ticket with the purchase of any POWERBALL with Double Play ticket. Coupons may be redeemed by players at a Florida Lottery retailer or a Florida Lottery District Office by presenting the coupon barcode on their mobile device for scanning, or players may redeem the coupon by printing the coupon from the website and presenting a hardcopy. Coupons may not be redeemed by mail. Coupons are valid for one use only and must be redeemed by 11:59:59 (ET) on November 26, 2021. The odds of winning a coupon depend on the number of tickets entered per day.(5) Semifinalist Drawing and Number of Prizes. The Florida Lottery will conduct one drawing in the Promotion to select fifty semi-finalists. Prizewinners for the drawing will be randomly selected from entries submitted and received before midnight (ET) on September 27, 2021. Prizewinners will be randomly selected using a certified random number generation process. The drawing shall be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm. The drawing date, entry period, and number of prizes are as follows: DRAWING | DRAWING DATE | ENTRY PERIOD |
1 | September 29, 2021 | August 22, 2021 - September 27, 2021 |
PRIZE | NUMBER OF PRIZES |
$1,000/ Semifinalist in the Finalist Drawing | 50 |
In the drawing, the Florida Lottery will select a total of eighty-five valid entries. The first fifty entries drawn will each win a $1,000 prize and become a semifinalist in a national finalist drawing further described below. The remaining entries drawn will be alternates and used in the order in which they were drawn and in the order of need to select an alternate prizewinner in the event a prizewinner cannot be notified or fails to timely provide required claim documentation as set forth in subsection (7) below, or in the event an entry is disqualified.
(6) $1,000 Prize Prizewinner Notification. (a) The prizewinners in the semifinalist drawing will be announced and posted on flalottery.com on October 4, 2021, or as soon as thereafter as practicable.(b) The Florida Lottery will attempt to notify each prizewinner by telephone or email using the contact information provided in the prizewinner's registration data no later than one business day after the prizewinners are posted on the Florida Lottery's website. The Florida Lottery deems the prizewinner's registration data as the prizewinner's official contact information. Issuing an email or leaving a telephone message on voicemail, if available, shall constitute notification. The Florida Lottery will not attempt to further locate a prizewinner if attempts to reach the prizewinner by telephone or email are unsuccessful. If the Florida Lottery is unable to have contact by telephone or email with a prizewinner within four business days of the date the prizewinners are posted on the website, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will select an alternate prizewinner in accordance with subsection (5), above. If the Florida Lottery is unable to have contact by email or telephone with the alternate prizewinner within four business days of the date of notification, the alternate prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will select the next alternate prizewinner. This process will continue until an alternate is contacted or the Florida Lottery has exhausted the list of alternates due to unsuccessful notification attempts or due to failure by a prizewinner or an alternate prizewinner to timely provide required claim documentation as set forth in subsection (7), below. Notwithstanding the foregoing notification attempt provisions, the Florida Lottery will not continue notification attempts past October 14, 2021. 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. If the Florida Lottery exhausts the list of alternate prizewinners or if the Lottery is unable to contact an alternate by October 14, 2021, the prize will not be awarded.(7) How to Claim a $1,000 Prize. To claim a $1,000 prize in the Semifinalist Drawing, a prizewinner must submit to the Florida Lottery a completed Winner Claim Form DOL-173-2, Revised 3/21, or Spanish Winner Claim Form DOL-173-2S, Revised 3/21, and a copy of acceptable identification as set forth in 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 32399-4011. The required documents must be received by the Florida Lottery no later than six business days after the Florida Lottery has first notified the prizewinner by telephone (notification by telephone is deemed complete by leaving a voicemail message, if available) or email (issuing an email constitutes notification). If the Florida Lottery does not receive the required documents from a prizewinner by the sixth business day after notification, the prizewinner will forfeit his or her right to claim the prize and the Florida Lottery will award the prize to an alternate prizewinner as described in subsections (5) and (6), above. The same timeframe for a prizewinner to return required documentation to the Florida Lottery shall apply to an alternate prizewinner. A prizewinner in this Promotion is not required to submit the POWERBALL ticket(s) he or she scanned or manually entered to generate an entry to claim a prize.(8) Finalist Drawing and $1 Million Prize Drawing. All prizewinners of the $1,000 Prize and prizewinners from other Lotteries participating in their states' First Millionaire of the New Year Promotion, will be entered into a Finalist Drawing anticipated to be conducted in early November 2021, in which five finalists will be selected for the $1 Million Prize drawing. If one or more Florida entries (maximum of five) are selected as finalist(s), each finalist will win a Celebrate@Home Prize, as further described below. The $1 Million Prize Drawing is anticipated to be conducted on or about January 1, 2022 in which one $1 Million Prize will be awarded. 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 Million Prize Drawing to be entered or selected in the $1 Million Prize drawing. Both the finalist drawing and the $1 Million Prize Drawing will be conducted by the Multi-State Lottery Association (MUSL) using a certified random number generation process. Drawings will be witnessed by an independent auditor employed by an independent certified public accounting firm. It is anticipated that the finalists selected in the Finalist Drawing will be announced in late November or early December. The $1 Million Prize prizewinner will be announced on or about January 1, 2022. The odds of being selected as a finalist depend on the total number of valid eligible entries (which includes entries from other participating Lotteries) in the finalist drawing. The odds of a finalist winning the $1 Million Prize in the $1 Million Prize Drawing are 1 in 5.(9) How to Claim a Celebrate@Home Prize. A Florida Celebrate@Home Prize prizewinner in the Finalist Drawing will be contacted first by the Florida Lottery and required to complete a Winner Claim Form DOL 173-2, revised 3/21, or Spanish Winner Claim Form DOL 173-2S, revised 3/21, and provide a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes in order to claim the prize. 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. The prizewinner must also submit a completed Winner Release, Acknowledgement and Authorization form DOL 474-NYRE-W, revised 8/21, along with a Guest Release, Acknowledgement and Authorization form DOL 474-NYRE-G, revised 8/21, for each guest attending the party, to be completed by the guest. Forms DOL 173-2, DOL 173-2S, DOL 474-NYRE-W and DOL 474-NYRE-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, flalottery.com, or by writing to: Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Forms DOL 474-NYRE-W and DOL 474-NYRE-G can be obtained from any Florida Lottery office or by writing to Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Soon thereafter, the prizewinner will also be contacted by a representative of Dick Clark Productions, Inc. ("Prize Provider") who will coordinate with the prizewinner and be responsible for fulfillment of each non-cash element of the Celebrate@Home Prize.(10) Celebrate@Home Prize. The Celebrate@Home Prize will consist of the elements for the prizewinner to host a New Year's Eve party for up to eight people, including the prizewinner, at their home and to participate remotely as one of five finalists in the $1 Million Prize Drawing for a chance to win $1 Million during the live television broadcast of Dick Clark's New Year's Rockin' EveSM on ABC ("Program"). (a) The Celebrate@Home Prize consists of the following:1. Cash prize in the amount of Ten Thousand Dollars ($10,000.00);2. Surf and turf dinner for eight people from Omaha Steaks®;3. 70-inch LED television, including a home theater sound system and installation;4. 15.5" laptop computer plus 20 mega-pixel digital camera, on-camera microphone, 19-inch ring light, laptop stand, cords and connectors for home set-up;5. Gift certificate to Party City® in the amount of Five Hundred Dollars ($500.00);6. Beverage package from a retailer local to the prize winner, with a retail value of Five Hundred Dollars ($500.00) (provided in accordance with age restrictions);8. Two (2) gift bags, each with a minimum retail value of Two Hundred Fifty Dollars ($250.00);9. Entry in the third annual POWERBALL® First Millionaire of the New Year® drawing for a chance to win $1 Million Prize; and10. Payment of federal income tax withholding on the total retail value of the Celebrate@Home Prize 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 retail value of the Celebrate@Home Prize and the estimated reportable taxable value of the prize for a U.S. citizen are as follows:
Approximate Retail Value of Celebrate@Home Prize | Estimated Reportable Taxable Value of Celebrate@Home Prize |
$20,000 | $26,315.79 |
(b) Payment of the cash portion of the prize will be awarded by the Florida Lottery in accordance with subsection (11), below.(c) While a Celebrate@Home Prize prizewinner is not obligated to host or have a New Year's Eve celebration at his/her residence to participate in the drawing for, and to remain eligible to win, the $1 Million Prize, the prizewinner must agree to: 1. Participate and appear in the Program via remote video transmission from his/her residence or another local location to be determined by the provider of the Celebrate@Home Prize ("Prize Provider") in its sole discretion, 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"); or2. Appoint a proxy (or have a proxy appointed) to participate and appear in the program via remote video transmission in place of the prizewinner, subject to the proxy's satisfying the Production Requirements. In such event, the prizewinner will still receive all elements of the Celebrate@Home Prize, unless he or she elects to give them to his or her proxy, and shall remain eligible to win the $1 Million Prize. If a prizewinner appoints a proxy, the proxy must also satisfy the Production Requirements in order to participate in the broadcast of the Program.(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; or2. 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 Million 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. While the prizewinner's eligibility to participate in the drawing for the $1 Million Prize is an element of the Prize, the opportunity to participate in the recording and production of the program and/or appear in the broadcast of the Program is expressly not an element of the Prize and is determined by the Prize Provider in its sole discretion. 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 Million Prize. If the prizewinner chooses to appoint a proxy, he or she must do so on or before November 19, 2021, and 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-NYRE-P, revised 8/21. The forms must be received by the Lottery by November 19, 2021. Forms DOL-491-B and DOL-474-NYRE-P are hereby incorporated by reference and can be obtained from any Florida Lottery office, or by writing to: Florida Lottery, Customer Service Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016.(f) All expenses involved with or related to the Celebrate@Home Prize, not specifically included in the description of the prize including transportation and other incidentals, are the responsibility of the prizewinner and their guest(s).(g) The date and location of any of the events included in the Celebrate@Home Prize ("Events") are subject to change. If any Event 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 Celebrate@Home Prize.(h) Except as provided herein for a proxy, no prize element substitution, cash substitution, assignment, or transfer of the Celebrate@Home Prize or any elements thereof is permitted. Any unused elements of the Celebrate@Home Prize will be forfeited, will not be redeemable for cash, and will not reduce the Celebrate@Home Prize value awarded for tax purposes.(11) Payment of Cash Prizes.(a) $1,000 Prize. Upon the Florida Lottery's timely receipt of a $1,000 Prize winner's required documentation, the Florida Lottery will award a prize of $1,000.(b) Celebrate@Home Prize (Cash Portion). Upon the Florida Lottery's receipt of a Celebrate@Home Prize winner's required documentation, the Florida Lottery will award the $10,000 cash portion of the prize. The Prize Provider will fulfill all non-cash elements of the prize.(c) $1 Million Prize. Upon the Florida Lottery's receipt of the $1 Million Prize winner's documentation, the Florida Lottery will award a prize of $1,000,000, less applicable withholding taxes.(12) Analysis for State-Owed Debt and Child Support Debt. Prior to the award of any cash prize awarded in this promotion, the prizewinner will be analyzed for Florida state-owed debt and child support debt. If more than one prize is awarded to the prizewinner, a separate analysis shall occur prior to payment of each prize.(a) $1,000 and $1,000,000 Prizes. 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.(b) Celebrate@Home Prize. 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 cash portion of the prize, the non-cash portion of the prize and the cash portion of the prize less the amount owed and federal tax withholding, if applicable, 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, F.S., and the winner will receive the remaining non-cash portion of the prize.(13) $1,000,000 Prize Claiming Procedures. If the prizewinner in the $1 Million Prize drawing is a Florida winner, the prizewinner will be required to complete a Winner Claim Form DOL-173-2, Revised 3/21, or Spanish Winner Claim Form DOL-173-2S, Revised 3/21, and provide a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes in order to claim the prize. 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. 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 Million Prize will be issued by the Florida Lottery to the prizewinner separately from the tax forms for the Celebrate@Home Prize.(14) A prizewinner in this Promotion is not required to submit the POWERBALL ticket(s) he or she scanned or manually entered to generate an entry to claim a prize.(15) 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) 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. Thirty percent federal income tax withholding will be withheld from a $1,000 Prize, and, if applicable, a $1 Million Prize won by a nonresident alien prizewinner in the Promotion. The reporting and subsequent payment of any additional federal, state and/or local taxes shall be the responsibility of the nonresident alien prizewinner.(16) Other Restrictions and Provisions. (a) A prizewinner must be at least 18 years of age.(b) A prizewinner is solely responsible for the actions of the guest/s who attend the New Year's Eve at-home-party.(c) The right to claim a prize cannot be assigned to another person or entity.(d) 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.(e) 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.(f) 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.Fla. Admin. Code Ann. R. 53ER21-48
Rulemaking Authority 24.105(9), 24.109(1) FS. Law Implemented 24.105(9), 24.115(1) FS.
Adopted by Florida Register Volume 47, Number 164, August 24, 2021 effective 8/22/2021.