Fla. Admin. Code Ann. R. 53ER23-31 - NASCAR®POWERBALL®Playoff Bonus Play Promotion

(1) Beginning July 3 and through July 31, 2023 ("Promotion Period"), the Multi-State Lottery Association, on its own behalf and through third-party contractual partners (hereafter collectively or separately referred to as MUSL or "Prize Provider"), in conjunction with participating Lotteries, including the Florida Lottery, will conduct the NASCAR^® POWERBALL^® Playoff Bonus Play Promotion ("Promotion"). Players can enter any POWERBALL^® ticket purchased/obtained during the Promotion Period into a promotional drawing for a chance to become one of fifty (50) Florida Semi-finalists. The fifty Florida Semi-Finalists will be forwarded to MUSL for a chance to become one of sixteen (16) players, who will then be eliminated through subsequent MUSL-administered drawings to win prizes set forth in subsection (6), below.

POWERBALL 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 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. POWERBALL QuickTickets^TM are not eligible for entry into the Promotion.

(2) How to Enter.

(a) To enter a POWERBALL ticket, a player may use the Florida Lottery's website at flalottery.com or 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 Promotions tab and select the NASCAR POWERBALL Playoff Bonus Play Promotion. Players will click on Register/Login and follow the prompts. Players will manually enter the 19-digit ticket number shown on the ticket.

2. Mobile App. On the App, players navigate to the Promotions section of the app and select the NASCAR POWERBALL Playoff Bonus Play Promotion. A Promotions button is located on the main menu and on the bottom navigation bar. Players will be prompted to log-in or register. Players may scan the barcode on the bottom of a ticket or may manually enter the 19-digit ticket number shown on the ticket.

3. Deleted Accounts. If a player deletes his/her account, whether through the App or on the Florida Lottery's website, all account data, including ticket entries, associated with the email address used to register his/her account will also be deleted. A player's account cannot be reactivated using the email associated with the deactivated account. Should a player establish a new account utilizing a different email address, account data, including ticket entries, cannot be transferred to the newly established account. Tickets entered under the prior account cannot be re-entered utilizing the newly created account.

4. 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 must use the same account login information to enter tickets;

b. The player will only be required to register one time; and

c. 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. In the event a player wins a prize, the name a player uses to register must match the name shown on his/her identification used 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.

(c) Tickets should not be mailed to the Florida Lottery for entry into a drawing. Tickets received in the mail by the Lottery for entry into the Promotion will not be entered and will not be returned.

(d) Players may enter a POWERBALL ticket into the Promotion at any time of day during the Promotion Period, except that entry capabilities on the website and App will be unavailable from 12 a.m. through 6 a.m. (ET), due to routine maintenance and may be unavailable at other times if there are technical difficulties. Entries must be made, and the Lottery must receive, by 11:59:59 p.m. (ET) on July 31, 2023.

(e) Only POWERBALL tickets purchased/obtained and entered during the Promotion Period may be used.

(f) A player may enter multiple tickets during the entry period; however, each ticket number can only be entered one time. A player may enter up to a maximum of 200 tickets per day.

(g) A player can only be named a Semi-Finalist one time. Fifty separate Semi-Finalists will be chosen.

(h) The odds of becoming a Semi-Finalist depend on the number of valid entries received. All entries are subject to validation by the Florida Lottery and will be disqualified if eligibility requirements are not met.

(3) Number of Entries Earned. When a player enters a POWERBALL ticket on the website or App or scans the barcode on the App, the player will receive one (1) entry for each $1 value of the ticket. For example, a player would receive ten (10) entries for a ticket price/value of $10.

(4) August 2, 2023 Florida Lottery Semi-Finalist Drawing. One Semi-Finalist drawing will be held by the Florida Lottery. Players will be randomly selected from valid entries submitted and received by 11:59:59 p.m. (ET) on July 31, 2023. A total of seventy-five (75) valid entries will be drawn by the Florida Lottery using a certified random number generation process. The first fifty (50) valid entries drawn will be Semi-Finalists and their names submitted to the Multi-State Lottery Association (MUSL). Should two or more ticket numbers be drawn that are associated with the same player, the remaining 25 valid entries will be used in the order drawn to take the place of any duplicate player so that fifty (50) different and unique players can be submitted to MUSL. The fifty (50) Semi-Finalists will be posted on flalottery.com and the Lottery's App on August 4, 2023, or as soon thereafter as practical. The drawing will be public, held in Tallahassee, Florida, and witnessed by an accountant employed by an independent certified public accounting firm.

(5) August 12, 2023 MUSL Drawing. MUSL will conduct a drawing to select sixteen (16) players from among all Semi-Finalists submitted by all participating Lotteries, including the names submitted by the Florida Lottery. No more than one (1) Semi-Finalist from any Lottery, including the Florida Lottery, will be chosen to advance to subsequent round/s. No Lottery, including the Florida Lottery, is guaranteed to have a player that is among the sixteen (16) players drawn.

The drawing will be conducted using the MUSL Digital Draw System. The chosen sixteen (16) players will subsequently be eliminated through a series of drawing rounds, as set forth in the table in subsection (6), below. September 9, October 1, and October 11, 2023 drawings will be held using the MUSL Digital Draw System. The November 5, 2023 drawing will be conducted using a Mechanical Ball Machine.

(6) The Drawings, Draw Dates, Dates Draw Results Posted/Announced, the Number of Winners, and the Prizes Won are listed in the table below:

Drawing	Draw Date	Date Draw Results Posted/Announced	Number of Winners	Prize
1	August 2, 2023	August 4, 2023	50	Named as a Florida Semi-Finalist; Names Forwarded to MUSL
2	August 12, 2023	August 26, 2023	16	Named as a Nationwide Semi-Finalist,Selected by MUSL
3	September 9, 2023	September 16, 2023	4	$2,500 (Fifth Prize)
4	October 1, 2023	October 8, 2023	4	$5,000 (Fourth Prize)
5	October 11, 2023	October 29, 2023	4	$7,500 (Third Prize)
6	November 5, 2023	November 5, 2023	3	$10,000 + VIP Trip to Phoenix,AZ (Second Prize)
			1	$1,000,000 + VIP Trip to Phoenix,AZ (Grand Prize)

(7) Notification - Florida Lottery Semi-Finalist Among the Sixteen MUSL-Drawn Players.

Should a Florida Lottery Semi-Finalist be among the sixteen (16) players drawn by MUSL, the Florida Lottery will attempt to notify that player by telephone or email using the contact information provided in the player's registration data as soon as practical after MUSL has notified the Florida Lottery. The Lottery deems the player's registration data as his/her official contact information. The Florida Lottery will not attempt to further locate a player if attempts to reach the winner by telephone or email are unsuccessful. If the Florida Lottery is unable to have contact by telephone or email with a player within five (5) calendar days of the date the MUSL-drawn Florida player's name was provided to the Florida Lottery, the player will forfeit his or her right to be further entered into subsequent MUSL drawings, as well as the right to the possibility of winning a prize in a subsequent round.

If the Florida Lottery is unable to have contact with the player within five calendar days, the Lottery will promptly notify MUSL. Time permitting, MUSL will name an alternate, which is not guaranteed to be a Florida Lottery player. Should a Florida Lottery player be named an alternate, the alternate will have the same time frame as the first player to have contact with the Florida Lottery. However, no time frame will extend beyond August 26, 2023.

Leaving a voicemail message, if available, and/or issuing an email, if available, constitutes "contact" with a player/alternate. The Florida Lottery is not responsible or liable for email failures or faults, telephone failures or faults, voicemail failures or faults; system, network, or software failures or faults; or the like.

Within ten (10) calendar days of contact with the Florida Lottery, the player/alternate must submit, and the Lottery must receive, a completed Winner Claim Form DOL 173-2, revised 2/2023, or a Spanish Winner Claim Form DOL 173-2S, revised 2/2023, 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. Forms DOL 173-2 and DOL 173-2S are hereby incorporated by reference and may be obtained at any Florida Lottery office or retailer, from the Florida Lottery's website at flalottery.com, or by contacting the Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

Also, within ten (10) calendar days of contact with the Florida Lottery, the player/alternate must submit, and the Florida Lottery must receive, a completed Winner Release, Acknowledgement, and Authorization form, DOL 474-NASCAR-Winner, effective 7/3/2023, and a Guest Release, Acknowledgement, and Authorization form, DOL 474-NASCAR-Guest, effective 7/3/2023. If a guest is under the age of majority in his/her state of residence, as of the date of first travel (November 3, 2023), a parent or legal guardian shall execute form DOL 474-NASCAR-Guest on behalf of the guest. No guest changes are permitted past October 20, 2023. Regardless of the date submitted, once names are submitted, any changes made may incur fee/s. Forms DOL 474-NASCAR-Winner and DOL 474-NASCAR-Guest are hereby incorporated by reference and may be obtained at any Florida Lottery office or by contacting the Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-4016. If a player does not provide the required forms within the timeframes, set forth above, the player will forfeit his/her right to claim a Trip Prize and the Trip Prize will be forfeited. The Player will remain eligible to be entered into the final MUSL drawing, held on November 5, 2023.

Prior to finalization of an award of a cash prize in the final drawing, held November 5, 2023, a player must submit a second completed Winner Claim Form DOL 173-2, revised 2/2023, or a Spanish Winner Claim Form DOL 173-2S, revised 2/2023, and a copy of acceptable identification as set forth in the rule of the Florida Lottery governing payment of prizes.

(8) How to Claim a NASCAR Championship Weekend VIP Trip Prize to Phoenix, Arizona ("Trip Prize" or "Trip").

Should a Florida Semi-Finalist be one of the four (4) players, drawn on October 11, 2023, chosen to receive a Trip Prize, the Florida Lottery will attempt to notify that player by telephone or email as soon as practical after MUSL has notified the Florida Lottery. The Florida Lottery will not attempt to further locate a player if attempts to reach the winner by telephone or email are unsuccessful. Leaving a voicemail message, if available, and/or issuing an email, if available, constitutes "contact" with a winner. If the Lottery is unable to make contact with the player by October 20, 2023, the player will forfeit his or her right to claim the Trip Prize, and the Trip Prize will be forfeited. The player will remain eligible to be entered into the final MUSL drawing, held on November 5, 2023.

(9) Award of NASCAR Championship Weekend VIP Trip Prize.

(a) Upon the Florida Lottery's timely receipt of a Trip Prize winner's required documentation, the Lottery will award a NASCAR Championship Weekend Trip Prize. Trip Prize elements are:

1. Roundtrip coach airfare to Phoenix, Arizona for two (2) from the nearest major commercial airport in the vicinity of the residence of a Trip winner. If a Trip Prize winner resides less than 250 miles from Phoenix, Arizona, the Prize Provider, in its sole discretion, reserves the right to provide ground transportation in lieu of airline transportation. The Trip winner and the winner's guest must travel on the same itinerary. If a Trip winner is under the age of 21 years, his/her guest must be at least the age of majority in his/her state of residence (Florida's age of majority is 18 years.). If the winner is 21 years of age or older, his/her guest must be at least 13 years of age. If a guest is considered a minor in his/her state of residence, the winner must be a parent or legal guardian. All referenced ages shall be as of date of first travel (November 3, 2023).

2. Hotel accommodations for three (3) nights for two (2) people, double occupancy (one room), at a hotel in Phoenix, Arizona.

3. Two (2) Ally Curve Hospitality Club passes (includes food, beverages, and FanShield Infield Experience access) at the Phoenix Raceway for admission to the NASCAR Xfinity Series Championship Race (Saturday, November 4, 2023 at 4:00 p.m. (MT - Mountain Time)) and the NASCAR Cup Series Championship Race (Sunday, November 5, 2023 at 1:00 p.m. (MT)).

4. Two (2) passes for VIP Experiences at the Phoenix Raceway during the NASCAR Championship Weekend (November 4 - 5, 2023). The passes include a NASCAR Cup Series garage pass, a NASCAR team hauler tour, a MRN (Motor Racing Network) Radio booth tour, a Pace car ride, Pre-Race attendance, and Victory Lane access.

5. Two (2) official NASCAR Championship Weekend Event Programs.

6. Two (2) souvenir gift bags, each with a retail value of at least $250.00.

7. Two (2) Racing Electronics Scanner Rentals for use while at the Phoenix Raceway.

8. Two (2) tickets to a Friday, November 3, 2023 Welcome Dinner at a venue selected by the Prize Provider.

9. Meals at the hotel and Prize Provider event/s. Any meals not specifically provided by/through the Prize Provider and/or at locations other than the hotel or event/s are the sole responsibility of the winner/guest/proxy.

10. Ground transportation to and from the airport in Phoenix to the hotel and any Trip Prize events while in Phoenix.

11. Payment of federal income tax withholding on the total retail value of the Trip Prize elements described in subparagraphs 1. through 10., above. Federal taxes will not be paid on cash prizes. Federal taxes on cash prizes will be withheld as described in subsection (12), below, and are the sole responsibility of the winner.

Exclusive of any cash prize, the reportable taxable value of the Trip Prize includes the value of the Trip Prize plus the value of the federal income tax withholding paid by the Florida Lottery. The approximate retail value of the Trip Prize and the estimated reportable taxable value of the Trip Prize are:

Approximate Retail Value of Trip Prize (exclusive of any cash prize)	Estimated Reportable Taxable Value of Trip Prize (exclusive of any cash prize) (U.S. Citizen or Legal Resident - 24%)	Estimated Reported Taxable Value of Trip Prize (exclusive of any cash prize) (Nonresident - 30%)
$9,600.00	$12,631.58	$13,714.29

(b) Phoenix Trip dates are November 3 through November 6, 2023. The Florida Lottery/MUSL reserves the right to change Trip dates and the location of events/activities as circumstances require.

(c) Except as specified above, a Trip Prize does not include travel to and from a Trip winner's residence and an airport, other travel, meals, parking fees, baggage fees, travel insurance, alcoholic beverages (other than those served without charge at any Prize Provider event), incidentals, tips, telephone calls, valet service, internet, laundry, etc., as well as rebooking or cancellation fees that may be charged by the hotel, airline, or other suppliers/vendors. The Trip winner shall 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.

(d) MUSL/Prize Provider shall determine, in its sole discretion, the specific merchandise models, items, vendors, and/or retailers for all elements of the Phoenix 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 of the Trip Prize are subject to availability and may be fulfilled by third-party companies and/or vendors. In the circumstance that certain tours, events, and/or races become unavailable due to scheduling conflicts, delays, or other causes beyond the control of the Prize Provider, the event/tour/race will not be rescheduled or otherwise compensated. Should any tour/event/race be rescheduled, the rescheduled tour/event/race is not part of the Trip Prize, and arrangements will not be made for winners to attend.

(e) Participation/appearance in the broadcast of any program is not an element of the Trip Prize. In order for a Trip Prize winner/proxy to appear in a program broadcast, he/she shall be required to satisfy the Prize Provider's Production Requirements prior to appearing in any program broadcast, including execution of all necessary releases and consents and passing background investigation checks. Should a winner/proxy not satisfy the Production Requirements, the Prize Provider, in its sole discretion, may appoint a person of its choice, or, time permitting, allow a winner to appoint another proxy, to appear/participate in any program broadcast in place of a winner/proxy. The winner will remain eligible for entry into the final drawing, held November 5, 2023, as set forth in subsection (6), above, should he/she not meet program broadcast requirements or not complete all Prize Provider release forms or consent to a background check.

(f) Time permitting, if the Trip winner chooses not to use the Phoenix Trip or becomes unavailable for any reason, the Trip winner may appoint a Proxy by completing a Proxy Appointment and Acknowledgement form DOL 491-B, revised 2/2023. The proxy must execute a Proxy Release, Acknowledgement, and Authorization form DOL 474-NASCAR-Proxy, effective 7/3/2023. A proxy's guest (or his/her parent or legal guardian) must execute a Guest Release, Acknowledgement, and Authorization form, DOL 474-NASCAR-Guest, effective 7/3/2023. Any requirements/restrictions applicable to a winner also apply to a proxy.

Forms DOL 474-NASCAR-Proxy, DOL 491-B, and DOL 474-NASCAR-Guest must be received by the Lottery on or before October 20, 2023. Forms DOL 491-B and DOL 474-NASCAR-Proxy are hereby incorporated by reference and can be obtained from any Florida Lottery office or by contacting the Florida Lottery, Claims Processing Division, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

The deadline to book Trip travel is October 29, 2023. If the Trip Prize winner/proxy fails to book the trip prior to the booking deadline of October 29, 2023, the winner will forfeit the Trip and will remain taxable on the entire value of the Trip Prize. In the event a Proxy is appointed, the original Trip Prize winner will remain eligible, and may win, a cash prize in the final drawing, as set forth in subsection (6), above. Should a Proxy, for any reason, be unable to travel, the Proxy may not appoint another proxy; and the Trip Prize shall be forfeited. In such case, the Trip Prize winner will remain eligible, and may win, a cash prize in the final drawing, as set forth in subsection (6). Under all circumstances, the entire value of the Trip Prize shall remain taxable to the original Trip Prize winner. The Proxy is not eligible to win any cash prize.

(10) No substitution of any kind, a cash redemption/substitution/compensation, assignment, or transfer of the Trip Prize, or element thereof, is permitted, except as provided herein. Any cancelled/delayed/postponed event and any unused Trip Prize or Trip Prize element/s will be forfeited, will not be redeemable for cash, and will not reduce the Trip Prize value awarded for tax purposes. A substitution initiated by the Prize Provider is at the sole discretion of the Prize Provider. Should there be prize substitutions, such will be of comparable or greater value.

(11) Should a Trip Prize be forfeited, it will not otherwise be awarded nor shall any other cash or other compensation to awarded to any player.

(12) Taxes.

(a) Except as specifically described herein, all federal, state and/or local taxes, or other fees on an awarded Trip Prize, Trip Prize element/s, and a cash prize, shall be the sole responsibility of the winner.

(b) As to cash prizes, and subject to analysis for state-owed debt and child support owed, and as applicable, federal income tax withholding will be applied prior to issuance of payment to the winner. For cash prizes over $5, 000.00, Federal income taxes will be withheld at a rate of twenty-four percent (24%) for U. S. citizens or legal residents. Regardless of cash prize amount, Federal income taxes will be withheld at a rate thirty percent (30%) as to a nonresident alien.

(c) If the winner claims a Trip Prize but does not make travel arrangements within the specified timeframes, or otherwise does not make the Trip, the Trip Prize shall be forfeited, except for the Souvenir Gift Bags and entry into the final MUSL drawing. The entire value of a Trip Prize will remain taxable to the Trip Winner.

(13) Other Restrictions and Provisions.

(a) With respect to any $600 or greater cash prize, and after the withholding of applicable federal tax, a Florida Lottery player will be analyzed for state-owed debt and child support. If a player is identified as owing an 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(4), F.S. If the debt is an amount less than the amount of a cash prize, the balance of the cash portion after deduction of the debt shall be awarded. If the debt is an amount greater than the amount of the cash prize, the entire prize amount will be applied to the outstanding debt.

(b) Players must be at least 18 years of age to enter the Promotion

(c) Persons prohibited by Section 24.116, F.S., from purchasing a Florida Lottery or POWERBALL ticket are not eligible to enter the NASCAR POWERBALL Playoff Bonus Play Promotion.

(d) All prizes and Trip winners are subject to the provisions of Chapter 24, F.S., and rules promulgated thereunder and MUSL rules. Prizes shall be awarded and 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 32399-4011.

(e) By entering the NASCAR^® POWERBALL^® Playoff Bonus Play 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 player for advertising or publicity purposes without additional compensation.

(f) The NASCAR POWERBALL Playoff Bonus Play Promotion is void where prohibited by law. NASCAR, LLC is not a sponsor of this Promotion. NASCAR^® is a registered trademark of the National Association for Stock Car Auto Racing, LLC.

Notes

Fla. Admin. Code Ann. R. 53ER23-31

Rulemaking Authority 24.105(9), 24.109(1), FS. Law Implemented 24.105(9), 24.115(1) FS.

Adopted by Florida Register Volume 49, Number 129, July 5, 2023 effective 7/3/2023 (EMERGENCY).

New 7-3-23.