Rules
Ronald McDonald House Charities© San Diego Dream House Raffle Official
Rules and Regulations
Ronald McDonald House Charities of San Diego (RMHC-SD), a tax exempt organization
under Section 501(c)(3) of the Internal Revenue Code, is conducting this
raffle pursuant to California Penal Code Section 320.5, et seq., to raise
funds for ongoing charitable purposes. The Rules and Regulations of the
RMHC-SD raffle are set forth below. By purchasing a raffle ticket the
purchaser agrees to be bound by these rules and regulations. Ronald McDonald
House Charities of San Diego’s interpretation and application of the rules
and regulations shall be final.
The Grand Prize Drawing for the Grand Prize House (a single family residence
located in San Diego County, California), as well as other prizes will
be conducted by Ronald McDonald House Charities of San Diego on Saturday,
May 19, 2012, subject to rescheduling, as more particularly described
below. Tickets will not be sold after May 4, 2012. Tickets may sell out
before that time. An independent raffle auditor will supervise the drawing.
The drawing for prizes is open to the public, but the winner does not
need to be present to win.
Only 37,000 tickets will be sold. The chances of winning are based on
that number. If fewer tickets are sold, your chances of winning the Grand
prize and other prizes improve. The IRS has taken the position that amounts
paid for chances in raffles, lotteries or similar drawings for valuable
prizes are not gifts, and consequently do not qualify as deductible charitable
contributions.
If the House is chosen as the prize, the Grand Prize winner assumes all
fees, local, state and federal taxes (including, but not limited to, income
taxes based on the value of the house), financing costs (including, but
not limited to, closing costs, title insurance, and transfer tax and fees)
which must be paid when the House is transferred to the winner. Likewise,
there are federal taxes and there may be state and/or local tax consequences
if the winner selects the alternate cash prize. (See Prizes section below)
These consequences may apply to other prizes as well. RMHC-SD takes no
responsibility for any tax liabilities. Consult your tax advisor. This
offer is void where prohibited by law, and all federal, state and local
laws and regulations apply.
BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND
BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE AND (2)
THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE
NEWS MEDIA AND MAY OTHERWISE BE USED BY RMHC-SD FOR PUBLICITY PURPOSES
AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED
ON THE RMHC-SD RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY.
PLEASE CONTACT RMHC-SD IF YOU HAVE ANY QUESTIONS. RMHC-SD’S INTERPRETATION
AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES RMHC-SD, ITS DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES,
LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR
WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE
OF ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD RMHC-SD HARMLESS
FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND
ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE
RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL
CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR”.
Tickets:
Tickets are $150.00 each. Only one eligible person may be entered in the
raffle per ticket sold. If the name of more than one person is submitted
with a ticket purchase, and that ticket is selected as a winning ticket,
then the person named first will be deemed the holder of record of that
ticket and declared the winner. Division of prize by a group purchasing
a ticket in common shall be to the sole responsibility of the person named
as the holder of record of that ticket, should that ticket be selected
as a winner.
Early ticket purchases will be included in up to four drawings. Tickets
purchased by February 10, 2012, will be eligible for the Early Bird Drawing
1 (drawing date on or about February 22, 2012). Tickets purchased by March
9, 2012, will be eligible for the Early Bird Drawing 2 (drawing date on
or about March 21, 2012). Tickets purchased by April 6, 2012, will be
eligible for the Early Bird Drawing 3 (drawing date on or about April
18, 2012). All such tickets, including, all winning tickets from Early
Bird Drawings, will be included in applicable subsequent drawings, as
well as the Grand Prize drawing.
RMHC-SD reserves the right to reject any entry form that is submitted
with payment that does not constitute “good funds.” All defective or physically
altered entry forms will be immediately disqualified by RMHC-SD. Prior
to the Grand Prize drawing, RMHC-SD will make a reasonable effort to notify
the individual and/or entity that submits such an entry form or one which
has been rejected because the credit card or check did not clear that
the entry has been rejected by attempting to make contact through the
information provided at the time of submitting the purchase request. All
orders for tickets for the Early Bird Drawings must be received and/or
purchased by the indicated deadline. Any orders received after these deadlines
will be held for the subsequent drawings, if applicable, and the Grand
Prize drawing. RMHC-SD assumes no responsibility for lost, late, misdirected
or non-delivered mail or fax messages, or any other failure to receive
orders or deliver receipts prior to the drawing deadlines.
A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR RMHC-SD'S BREACH
SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER
RAFFLE TICKET(S). IN NO EVENT SHALL RMHC-SD, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS
OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING
IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
How to Purchase:
An individual can purchase as many tickets as he or she may wish, subject
to availability.
To purchase tickets: use the order form provided and fax the order form
to (619-916-3899) or you may mail it to Ronald McDonald House Dream House
Raffle, 2929 Children’s Way, San Diego, CA 92123 or call 888-824-9939
providing your name, address, phone number along with your credit card
number, credit card security code and expiration date. Tickets cannot
be purchased on the raffle website or by email. Any entry form submitted
by email will be rejected. All entries must include payment by check,
money order, cash or credit card. RMHC-SD reserves the right to reject
any entry form that is submitted with payment that does not constitute
"good funds." No refunds will be made except under the following circumstances:
any ticket order with payment received after 37,000 tickets have been
sold or after May 4, 2012, will be returned. No other refunds are available
except in the exclusive discretion of RMHC-SD. RMHC-SD assumes no responsibility
for lost, late, misdirected or non-delivered mail or fax messages, or
any other failure to receive orders or deliver receipts prior to the drawing
deadlines.
Selection of Winners:
The Ronald McDonald House Charities of San Diego Dream House raffle Grand
Prize Drawing will be held on May 19, 2012 from all eligible raffle tickets.
Winners need not be present to win. RMHC-SD will conduct the Early Bird
drawings on or about February 22, 2012 (Early Bird Drawing 1), March 21,
2012 (Early Bird Drawing 2), and April 18, 2012 (Early Bird Drawing 3).
The Bonus Multi-Ticket Drawing and Refer-A-Friend Drawing (See Bonus Drawings)
will be held on May 19, 2012. The Early Bird Drawings, Bonus Multi-Ticket
Drawing, Refer-A-Friend Drawing and Grand Prize drawing will be held under
the supervision of an independent raffle auditor. All drawings are open
to the public. Winners will be notified according to the contact information
provided to RMHC-SD at the time of ticket purchase. If the Grand Prize
winner cannot be located by 5:00 p.m., May 25, 2012, after attempting
to make contact through the information provided at the time of purchasing
the ticket, such winner will be deemed to have elected the onetime cash
alternate prize and another winner will not be selected for such prize.
In addition to the list of winners posted on the RMHC-SD raffle web site,
a list of winners may be obtained from RMHC-SD or by sending a self-address,
stamped envelope to Ronald McDonald House Dream House Raffle, 2929 Children’s
Way, San Diego, CA 92123 within one week of the drawing.
In order to collect his or her prize, a ticket winner must sign and deliver
to RMHC-SD: (a) a sworn affidavit of eligibility in accordance with these
Rules and applicable law, including, without limitation, that he or she
is at least 18 years old; (b) such written information as is required
by any applicable tax and/or real estate laws, including, without limitation,
his or her Social Security Number; (c) proof of identity in forms satisfactory
to the RMHC-SD showing that the person claiming the prize is the same
person who is named on the winning raffle ticket; and (d) the winning
ticket stub. Winners of prizes of $1,000 or more may be required to submit
a W-2G, Form 5754 or similar tax form (provided by RMHC-SD) for tax withholding
purposes.
Winning Odds:
The odds of winning a prize will depend on the number of tickets sold.
If all 37,000 tickets are sold the odds of winning the Grand Prize is
1 in 37,000.
Eligibility:
Anyone 18 years of age or older may enter. RMHC-SD employees, members
of the Board of Directors, authorized agents and employees thereof, consultants,
attorneys, independent accountant firm, and their spouses and children
living in the same household are excluded from participating and are not
eligible to win a prize. All federal, state, and local laws and regulations
apply. The raffle is void where prohibited or restricted by law. An affidavit
of eligibility may be required from prize winners.
Prizes:
Subject to the sale of a minimum number of tickets (described below),
the Grand Prize is the $2,200,000 home located in San Diego County, and
referred to in all raffle materials. Alternatively, the Grand Prize winner
may elect to receive an annuity of $1,500,000 paid over 20 years or a
onetime $1,100,000 cash payment (except as stated below). The Grand Prize
winner must make an election in writing between the House, the annuity,
and the onetime cash payment no later than 5:00 p.m. May 25, 2012. A minimum
of 34,000 tickets must be sold by 11:59 p.m., May 4, 2012 for the Grand
Prize winner to have a choice of the House or the $1,500,000 annuity or
a onetime $1,100,000 cash payment. If fewer than 34,000 tickets are sold
by 11:59 p.m. Friday May 4, 2012, the raffle will be held as scheduled,
and prizes will be awarded as advertised with the exception that the Grand
Prize winner will receive a choice between a sum equal to 50% of the Net
Raffle Proceeds paid as an annuity over 20 years, not to exceed $1,000,000
or a onetime cash payment of 70% of the annuity value, not to exceed $700,000.
Net Raffle Proceeds will be calculated based on RMHC-SD accounting, which
shall be final and conclusive with respect to the Grand Prize Winner.
For these purposes “Net Raffle Proceeds” are defined as the balance of
funds left after paying all other prizes, all raffle expenses and all
expenses for the Grand Prize. At the option of RMHC-SD, the drawing date
for the Grand Prize may take place earlier if all raffle tickets have
been sold.
Early Bird Drawings:
- Early Bird Drawing 1:
- 1st Prize: 2012 Toyota Prius or $25,000 cash
- 2nd Prize: Sea-Doo Speedster or $10,000 cash
- 3rd Prize: Vespa Motor Scooter or $5,000 cash
- Early Bird Drawing 2:
- 1st Prize: $15,000
- 2nd Prize: $10,000
- 3rd Prize: $5,000
- 4th Prize: $1,000
- 5th Prize: $1,000
- 6th Prize: $1,000
- 7th Prize: $1,000
- 8th Prize: $1,000
- Early Bird Drawing 3:
- 1st Prize: $10,000
- 2nd Prize: $5,000
- 3rd Prize: $1,000
- 4th Prize: $1,000
- 5th Prize: $1,000
Grand Prize Drawing:
- Grand Prize: $2,200,000 Dream House or $1,500,000 annuity
or $1,100,000 onetime cash option*
- 2nd Prize: $25,000 cash
- 3rd Prize: $10,000 cash
- 4th Prize: $5,000 cash
- 5th Prize: $2,000 cash
- 6th Prize: $1,000 cash
- 7th Prize: $1,000 cash
- 8th Prize: $1,000 cash
- 9th Prize: $1,000 cash
- 10th Prize: $1,000 cash
- Prizes 11-15: $500 cash each
- Prizes 16-100: $150 cash each
- * except as noted above
Bonus Drawings:
- Multi-Ticket Drawing
- 1st Prize: 2012 Porsche Boxster or $30,000 cash
- 2nd Prize: European Vacation or $10,000 cash
- 3rd Prize: Hawaiian Vacation or $5,000 cash
- Any individual who buys more than one ticket will be entered into an additional
Multi-Ticket Drawing for $45,000 in luxury prizes. Entrants that purchase
two tickets will receive two entries into the Multi-Ticket Drawing. Entrants
that purchase three tickets will receive three entries into the Multi-Ticket
Drawing, etc.
- Refer-A-Friend Drawing
- 1st Prize: 2012 Smart Car or $15,000 cash
- For every person who purchases a ticket and provides the name of the referring
party at the time of purchase, the referring party will receive one ticket
entry for the Refer-A-Friend Drawing. Drawing will be held at the time
of the Grand Prize drawing.
General Terms and Conditions:
The House, if selected, will be transferred to the Grand Prize winner
“AS IS, WHERE IS, AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY
GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE
AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION
OR CONDITION OF THE HOUSE. RMHC-SD DOES NOT WARRANT THAT THE HOUSE IS
OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE.
NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS
AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes based on the
value of the House, a value of $2,200,000, will be due from the Grand
Prize winner. If the Grand Prize winner selects the alternate award of
a $1,500,000 annuity or the onetime cash payment of $1,100,000 instead
of the House as well as winners of Early Bird Prizes, Multi-Ticket Prizes,
Refer-A-Friend Prizes and all Prizes of $5,000 cash or more, all appropriate
and required federal and state taxes will be withheld by RMHC-SD in accordance
with federal and state law and RMHC-SD will remit the balance of the cash
prizes to the winners. RMHC-SD makes no guarantee that the Grand Prize
winner will be able to sell the House for the value of $2,200,000, nor
is there any guarantee that the Internal Revenue Service (IRS) will accept
that value of the House for the purpose of determining any income tax
that may be due from the winner. RMHC-SD takes no responsibility for any
tax liabilities. Consult your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT,
OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES)
UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED
BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
By purchasing a raffle ticket and choosing to participate in the raffle,
each raffle participant acknowledges and agrees that RMHC-SD has the right,
in its sole discretion, to elect not to proceed with the raffle for any
reason whatsoever or for no reason, and in such event, a participant's
sole and exclusive remedy shall be to receive a refund of the full price
paid by such participant for each raffle ticket purchased, without interest.
Registration with the State of California:
By letter from the Attorney General’s office, Ronald McDonald House Charities
of San Diego has registered with the Department of Justice under Raffle
Registration Number R-4009 and is authorized to conduct raffles in California
pursuant to the provisions of Penal Code section 320.5 for the raffle
period which begins September 1, 2011 and ends August 31, 2012.