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, June
2, 2012. Tickets will not be sold after May 18, 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 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 24, 2012, will be eligible for the Early Bird Drawing
1 (drawing date on or about March 8, 2012). Tickets purchased by March
23, 2012, will be eligible for the Early Bird Drawing 2 (drawing date
on or about April 5, 2012). Tickets purchased by April 20, 2012, will
be eligible for the Early Bird Drawing 3 (drawing date on or about May
3, 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-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 (916-880-3484) 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 18, 2012, 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 June 2, 2012, from all eligible Raffle tickets.
Winners need not be present to win. RMHC-NC will conduct the Early Bird
drawings on March 8, 2012 (Early Bird Drawing 1), April 5, 2012 (Early
Bird Drawing 2), and May 3, 2012 (Early Bird Drawing 3). The Bonus Multi-Ticket
Drawing and Refer-A-Friend Drawing (See Bonus Drawings) will be held on
June 2, 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-NC
at the time of ticket purchase. If the Grand Prize winner cannot be located
by 5:00 p.m., June 8, 2012, 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 onetime
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, 2012
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. 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
an annuity of $1,200,000 paid over 20 years or a onetime $800,000 cash
payment (except as stated below). The Grand Prize Winner must make an
election in writing between the house, the annuity, or the onetime cash
payment no later than 5:00 p.m. June 8, 2012. If the home is not available
due to circumstances outside of the control of RMHC-NC, as determined
by RMHC-NC, the Grand Prize Winner will instead have no election as stated
above and will instead have an election between an annuity of $1,200,000
paid over 20 years or a onetime $800,000 cash payment (except as stated
below). A minimum of 28,500 tickets must be sold by 5pm, May 18, 2012
for the Grand Prize Winner to have a choice of the House, the annuity
of $1,200,000 paid over 20 years, or a onetime $800,000 cash payment alternate
prize. If fewer than 28,500 tickets are sold by 5pm Friday May 18, 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
sum equal to 50% of the Net Raffle Proceeds paid as an annuity over 20
years, not to exceed $1,200,000 or a onetime cash payment of 70% of the
annuity value, not to exceed $800,000. Net Raffle Proceeds will be calculated
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: $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: Dream House or $1,200,000 annuity or $800,000
onetime cash option*
- 2nd Prize: $25,000
- 3rd Prize: $10,000
- 4th Prize: $5,000
- 5th Prize: $2,000
- 6th Prize: $1,000
- 7th Prize: $1,000
- 8th Prize: $1,000
- 9th Prize: $1,000
- 10th Prize: $1,000
- Prizes 11-15: $500 each
- Prizes 16-100: $150 each
- * Except as stated 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 Raffle ticket will be entered into
an additional Multi-Ticket Drawing for $45,000 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: $10,000
- 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 annuity award of $1,200,000 paid over 20 years, or
the onetime cash alternate award of $800,000, 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.