Dream House Raffle Benefiting Ronald McDonald House Charities® of San Diego

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13th Annual Dream House Raffle to benefit Ronald McDonald House Charities of San Diego

Rules

Ronald McDonald House Charities© of 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 La Jolla, California), as well as other prizes will be conducted by Ronald McDonald House Charities of San Diego on Saturday, May 20, 2017, subject to rescheduling, as more particularly described below. Tickets will not be sold after May 5, 2017. 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 winners do not need to be present to win.

Up to a maximum of only 74,500 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”. CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE GRAND PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).

Tickets:

Single tickets are $150 each, 3-packs consisting of three (3) tickets are $400, or 5-packs consisting of five (5) tickets are $550. Only one method of payment, one name, and one mailing address are permitted per ticket or ticket pack. Only one eligible person may be entered in the raffle per ticket or ticket pack sold. If the name of more than one person is submitted with a ticket or ticket pack purchase, and that ticket or a ticket from that ticket pack 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 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, 2017, will be eligible for the Early Bird Drawing 1 (drawing date on or about February 22, 2017). Tickets purchased by March 10, 2017, will be eligible for the Early Bird Drawing 2 (drawing date on or about March 22, 2017). Tickets purchased by April 7, 2017, will be eligible for the Early Bird Drawing 3 (drawing date on or about April 19, 2017). 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 or ticket packs as he or she may wish, subject to availability.

To purchase tickets or ticket packs: use the order form provided and fax the order form to 619-916-3892 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 74,500 tickets have been sold or after May 5, 2017, 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 20, 2017 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, 2017 (Early Bird Drawing 1), March 22, 2017 (Early Bird Drawing 2), and April 19, 2017 (Early Bird Drawing 3). The Bonus Multi-Ticket Drawing (See Bonus Drawing) will be held on May 20, 2017. The Add-On Drawings will take place on Feb. 22, Mar. 1, Mar. 8, Mar. 15, Mar. 22, Mar. 29, Apr. 5, Apr. 12, Apr. 19, Apr. 26, May 3, and May 10. The Early Bird Drawings, Bonus Multi-Ticket Drawing, Grand Prize Drawing, and Add-On Drawings will be held under the supervision of an independent raffle auditor. The Bonus Multi-Ticket and Grand Prize Drawings will be open to the public. Early Bird Drawings are typically broadcast live over local radio or television. Winners will be notified according to the contact information provided to RMHC-SD at the time of ticket purchase. If the winners of the Grand Prize or Second Grand Prize cannot be located by 5:00 p.m., May 26, 2017, after attempting to make contact through the information provided at the time of purchasing the ticket, such winners will be deemed to have elected the respective 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-addressed, 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 $1,500 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:

1,700 total prizes will be awarded. Approximately 1 in 44 chances to win a prize. The odds of winning a prize will depend on the number of tickets sold. If all 74,500 tickets are sold the odds of winning the Grand Prize is 1 in 74,500.

Eligibility:

Anyone 18 years of age or older may enter. RMHC-SD employees, members of the Board of Trustees, 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 home located in La Jolla, CA, and referred to in all raffle materials. Alternatively, the Grand Prize Winner may elect to receive an annuity of $2,100,000 paid over 20 years or a onetime $1,400,000 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 26, 2017. A minimum of 74,500 tickets must be sold by 11:59 p.m., May 5, 2017 for the Grand Prize winner to have a choice of the House or the $2,100,000 annuity or a onetime $1,400,000 cash payment. If fewer than 74,500 tickets are sold by 11:59 p.m. Friday May 5, 2017, 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 $1,300,000 or a onetime cash payment of 70% of the annuity value, not to exceed $900,000. 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.

The Second Grand Prize is the winner’s choice between a 2017 Mercedes-Benz S550 Cabriolet, base model factory equipped, a Trip-around-World or $125,000 Cash. The 2017 Mercedes-Benz S550 Cabriolet, base model factory equipped (or comparable vehicle, subject to availability), a Trip-around-World or $125,000 Cash are guaranteed options to the winner; there is no ticket minimum to give away the Second Grand Prize.

All vehicles come base model factory equipped and winner(s) are also solely responsible for any and all state or local license, title, registration, cost differential between the value of the car and the cash alternate prize, taxes, or fees associated with the vehicle, as well as insurance (proof of which must be shown prior to delivery) and pickup or delivery costs at the dealership as well as any non-standard options chosen by the winner and negotiated with the dealership. All winners of vehicles must make an election in writing between the vehicle and the alternative cash payment no later than 5:00 p.m. on the fifth business day after the drawing. All vehicles are subject to availability at the automobile dealer selected by RMHC-SD and may be substituted with a comparable vehicle by RMHC-SD or with the cash alternate prize.

Vacation travel prizes are as described on the raffle website. Travel is roundtrip from any continental US domestic airport unless otherwise noted on the raffle website. Travel is transferrable. Travel must be used within one year of the RMHC-SD purchase date. Unless otherwise noted, all gratuities, taxes and fees are the responsibility of the winner. Winners of travel related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation and reservation and confirmation procedures. All vacations are subject to availability and may be substituted with a comparable vacation prize or specified cash alternative – see prize list below for more details.

Early Bird Drawings:

Grand Prize Drawing:

Bonus Drawings:

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, will be due from the Grand Prize winner. The alternate award of a $2,100,000 annuity or the onetime cash payment of $1,400,000, if selected instead of the House as well as Early Bird Prizes, Multi-Ticket Prize, Add-On Prizes and all Prizes of $5,000 cash or more, are subject to all appropriate and required federal and state taxes to 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 a particular value, 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, 2016 and ends August 31, 2017.

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