Official 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 (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, June 12, 2010, subject to rescheduling as more particularly described below. Tickets will not be sold after May 28, 2010. 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 40,000 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 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 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 March 5, 2010, will be eligible for the Early Bird Drawing 1 (drawing date on or about March 17, 2010). Tickets purchased by March 26, 2010, will be eligible for the Early Bird Drawing 2 (drawing date on or about April 14, 2010). Tickets purchased by April 30, 2010, will be eligible for the Early Bird Drawing 3 (drawing date on or about May 12, 2010). 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 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 (619-456-0018) or you may mail it to Ronald McDonald House Dream House Raffle, 2929 Children’s Way, San Diego, CA 92123 or call 888-433-0331 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 40,000 tickets have been sold or after May 28, 2010, 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 June 12, 2010 from all eligible raffle tickets. Winners need not be present to win. RMHC-SD will conduct the Early Bird drawings on or about March 17, 2010 (Early Bird Drawing 1), April 14, 2010 (Early Bird Drawing 2), and May 12, 2010 (Early Bird Drawing 3). The Bonus Multi-Ticket Drawing and Refer-A-Friend Drawing (See Bonus Drawings) will be held on June 12, 2010. 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., June 19, 2010, 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 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 40,000 tickets are sold the odds of winning the Grand Prize is 1 in 40,000 and every purchaser will win either a $10 Best Buy gift certificate or $10 free slot play at Barona Casino (see description below for further details).

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 $1,800,000 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. June 19, 2010. A minimum of 34,000 tickets must be sold by 11:59pm, May 28, 2010 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 11:59pm Friday May 28, 2010, 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 $1,000,000 annuity option to be paid over 20 years, or the option of a onetime cash payment of $700,000.  At the option of RMHC-SD, the drawing date for the grand prize may take place earlier if all raffle tickets have been sold.

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 $1,800,000 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 $1,800,000, 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, 2009 and ends August 31, 2010.


Special Thanks to Our Sponsors: