Rules
Ronald McDonald House Charities ® Northern California Dream
House Raffle Official Rules and Regulations
Ronald McDonald House Charities Northern California (RMHC-NC),
a tax exempt organization under Section 501(c)(3) of the Internal
Revenue Code, is conducting the Ronald McDonald House Charities
Northern California Dream House Raffle (Raffle) pursuant to
California Penal Code Section 320.5, et seq, to raise funds
for ongoing charitable purposes. The Rules and Regulations of
the Raffle are set forth below. By purchasing a Raffle ticket
the purchaser agrees to be bound by these rules and regulations.
RMHC-NC’s interpretation and application of these rules and
regulations shall be final.
The Grand Prize Drawing for the Raffle will be held on Saturday,
May 29, 2010. Tickets will not be sold after May 14, 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 32,000 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 Internal
Revenue Service (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 Grand Prize House (House) is chosen as the prize, the
Grand Prize winner shall assume 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-NC takes no responsibility for
any tax liabilities or costs. 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-NC FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE
WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON
THE RMHC-NC RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY
APPLY. PLEASE CONTACT RMHC-NC IF YOU HAVE QUESTIONS. RMHC-NC’S
INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS
SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES RMHC-NC,
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-NC HARMLESS FROM
ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY
KIND RISING IN CONNECTION WITH OR AS A RESULT OF PARTICIPATING
IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CALIFORNIA
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 for the Raffle 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 12, 2010, will be eligible for
the Early Bird Drawing 1 (drawing date on or about February
24, 2010). Tickets purchased by March 12, 2010, will be eligible
for the Early Bird Drawing 2 (drawing date on or about March
24, 2010). Tickets purchased by April 9, 2010, will be eligible
for the Early Bird Drawing 3 (drawing date on or about April
21, 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-NC 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-NC. Prior to the Grand Prize drawing, RMHC-NC
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-NC 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-NC'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-NC,
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 Raffle tickets as he or she
may wish, subject to availability.
To purchase Raffle tickets: use the order form provided and
fax the order form to (916-880-3580) or you may mail it to RMHCNC
Raffle, 2555 49th St, Sacramento, CA 95817 or call 1-888-422-0221
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 or credit card. RMHC-NC
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 32,000 tickets have been sold
or after May 14, 2010, will be returned. No other refunds are
available except in the exclusive discretion of RMHC-NC. RMHC-NC
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 Northern California Dream
House Raffle drawing will be held on May 29, 2010, from all
eligible Raffle tickets. Winners need not be present to win.
RMHC-NC will conduct the Early Bird drawings on February 24,
2010 (Early Bird Drawing 1), March 24, 2010 (Early Bird Drawing
2), and April 21, 2010 (Early Bird Drawing 3). The Bonus Multi-Ticket
Drawing and Refer-A-Friend Drawing (See Bonus Drawings) will
be held on May 29, 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-NC at
the time of ticket purchase. If the Grand Prize winner cannot
be located by 5:00 p.m., June 4, 2010, after making a reasonable
attempt to make contact through the information provided at
the time of purchasing the Raffle ticket, such winner will be
deemed to have elected the cash alternate prize and another
winner will not be selected for such prize. Should the Grand
Prize winner not claim their prize within 180 days of the Grand
Prize drawing date, the Grand Prize will be forfeited and another
winner will not be selected. In addition to the list of winners
posted on the RMHC-NC Raffle web site, a list of winners may
be obtained from RMHC-NC or by sending a self-addressed, stamped
envelope to RMHCNC Raffle, 2555 49th St, Sacramento, CA 95817
within one week of the drawing.
In order to collect his or her prize, a Raffle ticket winner
must sign and deliver to RMHC-NC: (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 at
the time he or she purchased the winning Raffle ticket; (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-NC showing that the person claiming the prize is
the same person who is named on the winning Raffle ticket.;
and (d) the winning Raffle 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-NC) for tax withholding purposes.
Prizes not collected by December 31, 2010 will be forfeited
and another prize winner will not be selected.
Winning Odds:
The odds of winning a prize will depend on the number of Raffle
tickets sold. If all 32,000 tickets are sold, the odds of winning
the Grand Prize is 1 in 32,000 and the odds of at least doubling
the purchase price are 1 in 100. If fewer tickets are sold,
the chance of winning the Grand Prize, Early Bird Prizes and
all secondary prizes improves.
Eligibility:
Anyone 18 years of age or older at the time of the purchaser's
Raffle ticket purchase may enter. RMHC-NC employees, members
of the Board of Directors, authorized agents and employees thereof,
consultants, attorneys, independent accountant firm, their immediate
family (or significant others 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:
The Grand Prize is the $1,699,000 House referred to in RMHC-NC
Raffle materials. Alternatively, the Grand Prize winner may
elect to receive a cash prize of $1,200,000 (except as stated
below). The Grand Prize winner must make an election in writing
between the House and the cash alternate prize no later than
5:00 p.m. June 4, 2010. A minimum of 28,500 tickets must
be sold by 5pm, May 14, 2010, for the Grand Prize winner to
have a choice of the House or the $1,200,000 cash alternate
prize. If fewer than 28,500 tickets are sold by 5pm Friday May
14, 2010, the Raffle will be held as scheduled, and prizes will
be awarded as advertised by RMHC-NC with the exception that
the Grand Prize winner will receive a sum equal to 50% of the
Net Raffle Proceeds (defined below), not to exceed $1,200,000.
Net Raffle Proceeds will be divided equally between RMHC-NC
and the Grand Prize Winner based on RMHC-NC 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 House. At the option
of RMHC-NC, 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: $25,000
- 2nd Prize: $10,000
- 3rd Prize: $5,000
- Early Bird Drawing 2:
- 1st Prize: $25,000
- 2nd Prize: $10,000
- 3rd Prize: $5,000
- 4th Prize: $2,500
- 5th Prize: $1,000
- Early Bird Drawing 3:
- 1st Prize: $15,000
- 2nd Prize: $10,000
- 3rd Prize: $1,000
- 4th Prize: $1,000
- 5th Prize: $1,000
Grand Prize Drawing:
- Grand Prize: $1,699,0000 Dream House or $1,200,000 cash*
- 2nd Prize: $25,000
- 3rd Prize: $10,000
- 4th Prize: $5,000
- 5th Prize: $2,000
- Prizes 6-10: $1,000 each
- Prizes 11-15: $500 each
- Prizes 16-320: $300 each
- * except as stated above
Bonus Drawings:
- Multi-Ticket Drawing
- 1st Prize: 2010 Toyota Prius or $25,000 cash
- 2nd Prize: European Vacation or $10,000 cash
- 3rd Prize: Hawaiian Vacation or $5,000 cash
- Any individual who buys more than one Raffle ticket will be
entered into an additional Multi-Ticket Drawing for $40,000
in prizes. Entrants that purchase two Raffle tickets will receive
two entries into the Multi-Ticket Drawing. Entrants that purchase
three Raffle tickets will receive three entries into the Multi-Ticket
Drawing, etc.
- Refer-A-Friend Drawing
- 1st Prize: $15,000
- For every person who purchases a Raffle ticket and provides
your name, at the time of purchase, you will receive one Raffle
ticket entry specifically for the Refer-A-Friend Drawing. If
two people you refer each purchase a separate Raffle ticket,
you will receive two entries, if three people you refer each
purchase separate Raffle tickets, you will receive three entries,
etc. 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-NC DOES
NOT MAKE OR PROVIDE ANY REPRESENTATION, 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-NC DOES NOT WARRANT THAT THE HOUSE
IS OF MERCANTILE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR
PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION
OF RMHC-NC BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing of the House transfer, all federal and
state income taxes based on the value of the House (a value
of $1,699,000) will be due from the Grand Prize winner. All
appropriate and required federal and state taxes will be withheld
by RMHC-NC in accordance with federal and state law from the
Grand Prize (if the Grand Prize winner selects the cash alternate
award of $1,200,000 instead of the House) as well as winners
of Early Bird Prizes, Multi-Ticket Prizes, Refer-A-Friend Prizes
and Secondary Prizes of $5,000 or more, and RMHC-NC will remit
the balance of the cash prizes to the winners. RMHC-NC makes
no representation, warranty or guarantee that the Grand Prize
winner will be able to sell the House for the value of $1,699,000,
nor is there any guarantee that the IRS will accept that value
of the House for the purpose of determining any income tax that
may be due from the winner. RMHC-NC 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 THE SUPERIOR COURT FOR THE COUNTY
OF SACRAMENTO, CALIFORNIA, WHICH SHALL HAVE EXCLUSIVE JURISDICTION
THEREOF.
Registration with the State of California:
By letter from the Attorney General’s office, Ronald McDonald
House Charities Northern California has registered with the
Department of Justice under Raffle Registration Number RF-0002935
The official registration and financial information regarding
Ronald McDonald House Charities Northern California can be obtained
from the Attorney General's website [at
www.ag.ca.gov/charities]. Registration does not imply
endorsement.