TERMS & CONDITIONS
Western National Land Rover Rally
2004 Land Rover Discovery Raffle
Presented by Northern California Land Rover Club
OFFICIAL RULES AND REGULATIONS
The Northern California Land Rover Club (NCLR), a tax-exempt organization under Section 501©(7) 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 NCLR raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. NCLR’s interpretation and application of the rules and regulations shall be final.
The raffle prize is a previously-owned and modified 2004 Land Rover Discovery, valued at $10,000.00 USD. There are no additional prizes associated with this raffle drawing. The drawing will be conducted by NCLR on September 15, 2018 at the 2018 Western National Land Rover Rally (Rally).
Tickets may be purchased in person, on-site during the Rally. Properly completed order forms with valid payment must be received by NCLR by 10:00 pm PST to be eligible to win. The winner must be present to win. Participants must be 18 years of age or older as of the prize drawing, be a member of NCLR, be an individual legally residing in the United States, and be a licensed driver.
A maximum of 10,000 tickets will be sold. The chance of winning the raffle prize will be 1 out of how ever many tickets are sold; if fewer tickets than 10,000 are sold, the odds of winning will improve. There is no limitation on the number of tickets any one individual may purchase, up to the 10,000 tickets available.
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.
The winner assumes all fees, local, sales tax, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), and license fees. NCLR takes no responsibility for any tax liabilities. Consult your tax advisor. This offer is void where prohibited or restricted 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 NCLR FOR PUBLICITY PURPOSES.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES NCLR, 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 NCLR 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”.
The prize of the raffle drawing is a previously-owned and substantially modified 2004 Land Rover Discovery, valued at $10,000.00 USD. Modifications and the labor to apply the modifications were primarily donated and/or volunteered. MODIFICATIONS MAY NOT COMPLY WITH FEDERAL OR STATE MOTOR VEHICLE REGULATIONS AND THE VEHICLE MAY NOT BE LEGAL FOR ON-ROAD USE IN THE DELIVERED CONDITION. The winner of the raffle prize is responsible for complying with all applicable state and federal laws when deciding if and/or how to operate the vehicle. The raffle prize vehicle will be transferred to the winner “as-is, where is, and with all faults”.
The condition and depiction of the prize in any promotional materials may not reflect the actual vehicle delivered to the winner.
NCLR and organizers of the Rally shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize pursuant to the raffle.
There are no additional prizes or prize drawings in this raffle. There is no cash alternative to the raffle prize.
Tickets are $25.00 USD each or 5 tickets for $100.00 USD. 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.
NCLR may reject any entry form which is altered, incomplete, or otherwise defective. NCLR may also reject any entry not provided with good funds. Cash, credit and debit card are the only acceptable payment method for this raffle drawing. NCLR assumes no responsibility for lost, missing, late, or illegible entry forms and/or raffle tickets.
A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR NCLR'S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL NCLR, 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 raffle tickets, complete the order form available in person at the Rally. Tickets cannot be purchased online or via email, or by any other method other than in person at the Rally. Provide the fully completed form along with the price of the raffle ticket in cash, debt or credit card. NCLR reserves the right to reject any entry form that is submitted with payment in any other form. No refunds will be made except in the exclusive discretion of NCLR. NCLR assumes no responsibility for any failure to receive raffle entries before the drawing deadlines.
Selection of Winners:
The raffle drawing will be held on September 15, 2018 from all eligible raffle tickets. The winner must be present to win. The winner will be announced in person at the Rally and must be immediately available upon his or her name and/or ticket number being called. If the winner does not make themselves known to the announcer within 5 minutes of being called, an alternative winner will be selected during the drawing from the remaining eligible tickets. This process will continue until an eligible and available winner is selected.
The winner shall be responsible for all taxes, license, title and registration fees and any other costs, including without limitation any travel or transportation costs, associated with winning the raffle prize. In order to collect his or her prize, a ticket winner must sign and deliver to NCLR if requested: (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 laws, including without limitation his or her Social Security Number; © proof of identity in forms satisfactory to NCLR showing that the person claiming the prize is the same person who is named on the winning raffle ticket; (d) the winning ticket stub; and (e) all taxes based on the value of the car estimated at $10,000.00 USD. The winner will be required to submit a W-2G, Form 5754 or similar tax form (provided by NCLR) for tax withholding purposes.
The winner shall take delivery of the raffle prize vehicle at the Rally. If the winner is unable to do so, the winner shall be responsible for arranging transportation and storage of the vehicle away from the Rally location at the end of the Rally. The winner shall bear all risk of loss or damage to the rally prize vehicle after the prize has been accepted.
Acceptance of the prize constitutes permission for NCLR, Rally organizers, and any named sponsor who provided parts and/or labor on the raffle prize vehicle, and/or their designees, to use the winner’s name, address, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising, and/or publicity purposes in any media, no or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the winner to the greatest extent permitted by law.
Any member of NCLR, who is a licensed driver legally residing in the United States, who is 18 years of age by the date of the raffle prize drawing may enter. Officers and directors of NCLR, and the organizers of the Rally, are not eligible to win the raffle prize. All federal, state, and local laws and regulations apply. The raffle is void where prohibited and restricted by law. An affidavit of eligibility will be required from the prize winner.
General Terms and Conditions:
The raffle prize vehicle will be transferred to the winner “AS IS, WHERE IS AND WITH ALL FAULTS”. NCLR DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE RAFFLE PRIZE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE RAFFLE PRIZE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF NCLR BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes and sales tax based on the value of the car, estimated at approximately $10,000.00 USD will be due from the winner. NCLR makes no guarantee that the Internal Revenue Service (IRS) will accept that value of the car for the purpose of determining any income tax that may be due from the winner. NCLR 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 NCLR 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, the Northern California Land Rover Club has registered with the Department of Justice under Raffle Registration Number RF0011690 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle registration periods beginning September 1, 2018 and ending August 31, 2019.