Community Action Marin Dream House Raffle Official Rules
The Community Action Marin Dream House Raffle (“Raffle”) begins on September
1, 2008 and ends on February 6, 2009 (“Raffle Period”). The Raffle is
conducted by Community Action Marin, 29 Mary St, San Rafael, CA 94901
(“CAM”). The Official Rules of the Raffle are set forth herein. By entering
the Raffle, Entrants agree to be fully and unconditionally bound by these
Official Rules, waive any right to claim ambiguity in the Raffle or these
Official Rules and further agree to be bound by CAM’s decisions and interpretation
of these Official Rules.
Void where prohibited by law.
1. Eligibility. The Raffle is open to all persons age 18 and over
who are legal U.S. residents physically residing in the United States and DC. Officers,
directors and employees of CAM, its agents, consultants, attorneys, independent
accountant firms, and their spouses and children living in the same household and
any other persons involved with this promotion are not eligible.
2. How to Enter. Raffle tickets (“Tickets”) cost one hundred and
fifty dollars ($150) each. Here is how to purchase Tickets and enter the Raffle:
- By Fax or Mail: Download the Official Raffle entry form (“Entry
Form”) at www.marinraffle.com. Complete legibly all information requested on the
Entry Form, including the number of Tickets you would like to purchase, and enclose
payment for one hundred and fifty dollars ($150) per Ticket requested. During the
Raffle Period, fax the completed form and payment to 415-738-7664; or mail the completed
form and payment to:
CAM Dream House Raffle, 29 Mary Street, San Rafael, CA 94901.
- By Telephone: Call 1-800-431-5166 and provide the information requested
by the operator to order Tickets.
TICKETS CANNOT BE PURCHASED ONLINE OR BY E-MAIL.
Phone and Faxed entries and payment must be received no later than February
6, 2009. Mailed-in Entry Forms and payment must be postmarked no later
than February 6, 2009 and must be received by CAM no later than 7 days
later. All entries must include payment by check, cashier’s check, money
order or credit card. For credit card purchases, the Entrants must provide
the full name, billing address and telephone number of the cardholder
and the credit card number, expiration date and three-digit personal security
code.
Once an Entrant’s order is processed, CAM will mail via U.S. postal carrier
a receipt (ticket stub) which will include a Ticket number(s) to the name
and address provided on the Entry Form or to the operator. All final transactions
will be processed in California.
A maximum of thirty five thousand (35,000) tickets will be issued and
available for purchase. Any Entry Form and payment received after 35,000
tickets have been sold, or after February 6, 2009, whichever occurs first,
will be returned. No other refunds will be made, except as otherwise determined
by CAM in its sole discretion.
Subject to availability, Entrants may purchase as many Tickets as they
wish. Tickets are personal and can only be in the name of one (1) individual
Entrant. Entrants may not sell, donate or otherwise transfer their Ticket(s)
to anyone. Prizes will not be issued to anyone other than the one (1)
Entrant whose name is on the Entry Form.
CAM reserves the right to disqualify false entries or entries suspected
of being false, and any illegible, defective, incomplete or physically
altered Entry Forms and entries that do not include valid or complete
payment. CAM is not responsible for printing errors in any Raffle-related
material, or for lost, late, misdirected or non-delivered mail or corrupt
fax messages, or any other failure to receive orders or deliver receipts
prior to the drawing deadlines. All entries become the property of CAM
and will not be returned.
2. Drawings. Six (6) random drawing(s) will be conducted
by a representative of CAM as described below. All random drawings will
be held under the supervision of an independent accounting firm. Entrants
need not be present to win.
Three (3) Early Bird Drawings. All Ticket orders received
by or before 5pm PST on October 3, 2008 will be eligible for the first
Early Bird Drawing. All Ticket orders received by or before 5pm PST on
October, 31st 2008 will be eligible for the second Early Bird Drawing.
All Ticket orders received by or before 5pm p.m. PST on November 28th
will be eligible for the third Early Bird Drawing. The first Early Bird
Drawing will be on October 15, 2008. The second Early Bird Drawing will
be on November 12, 2008. The third Early Bird Drawing will be on December
10th , 2008. All tickets that were eligible for the first Early Bird Drawing,
including the winning tickets, will also be eligible for all subsequent
Early Bird Drawings and the Grand Prize Drawing. All tickets that were
eligible for the second Early Bird Drawing, including the winning tickets,
will also be eligible for the third Early Bird Drawing and the Grand Prize
Drawing. All tickets that were eligible for the third Early Bird Drawing,
including the winning tickets, will also be eligible for the Grand Prize
Drawing.
One (1) Multi Ticket Drawing. Any individual who buys
more than one ticket will be entered into an additional Multi-Ticket Drawing
for $40,000 in luxury prizes in addition to the Grand Prize Drawing and
applicable Early Bird Drawings. Entrants that purchase two tickets will
receive two entries into the Multi-Ticket Drawing. Entrants that purchase
three tickets will receive three entries into the Multi-Ticket Drawing,
etc. For those entrants who buy more than one ticket, in order to qualify
for the Multiple Ticket Drawing, all subsequent tickets purchased must
be identical to the first one purchased; same name with matching address.
To be eligible, ticket order with payment must be received before all
35,000 tickets are sold and in any event by Friday, February 6, 2009.
One (1) Refer A Friend Drawing. For every person who
purchases a ticket and provides your name at time of purchase, you will
receive one ticket entry specifically for the Refer a Friend Drawing.
If two people you refer each purchase a separate ticket, you will receive
two entries, if three people you refer each purchase separate tickets,
you will receive three entries, etc. Drawing will be held at the time
of the Grand Prize drawings.
One (1) Grand Prize Drawing. The Grand Prize Drawing
will be held on February 21, 2009. It may be open to the public, in CAM’s
discretion. All drawings for all prizes will be made at Random.
4. Notification. Entrant(s) whose Ticket number(s) are
drawn at the Early Bird, Multi-Ticket, Refer-A-Friend, or Grand Prize
Drawings will be deemed the winner of the prize for that particular drawing
(“Selected Entrant”). Selected Entrants will be notified by phone and/or
U.S. Mail using the information provided on the Entry Form or to the operator
(“Notification”). If any Selected Entrant cannot be located or fails to
return attempts to contact him or her by 5:00 p.m. five (5) business days
after CAM’s first attempt to contact him or her, such Selected Entrant
will be deemed to have forfeited his or her prize and another Selected
Entrant will not be drawn. Each Selected Entrant may be asked to send
an affidavit of eligibility / liability / publicity release (“Release”).
Selected Entrant(s) must provide all information requested to be eligible
to win, including proof of age, proof of identity showing that the person
claiming the prize is the same Entrant named on the winning Ticket and
the winning Ticket stub. Unless restricted by law, each Selected Entrant
will be required to complete and return the Release within fourteen (14)
days of prize notification. The prize may be forfeited if Selected Entrant(s):
(i) cannot be reached; (ii) fails to obtain all signatures on the Release
and to return the documents in a timely manner as required pursuant to
these Official Rules; or (iii) cannot accept or receive the prize for
any reason. Winners grant permission for the use of their names, photographs/likenesses
for advertising and promotion for this and similar promotions without
compensation, unless prohibited by law.
5. Prizes.
First Early Bird Drawing: The first Early Bird Selected
Entrant will receive First Prize: $25,000, Second Prize: $10,000, Third
Prize: $5,000
Second Early Bird Drawing: The second Early Bird Selected
Entrants will receive: First Prize: $25,000, Second Prize: $10,000, Third
Prize: $5,000, Fourth Prize: $2,500, Fifth Prize: $1,000
Third Early Bird Drawing: 1st Prize: $15,000, 2nd Prize:
$10,000, 3rd Prize $1,000, 4th Prize: $1,000, 5th Prize: $1,000
Multi-Ticket Drawing: 1st Prize: 2008 Toyota Prius or
$25,000 cash, 2nd Prize: European Vacation or $10,000 cash, 3rd Prize:
Five-night Hawaiian Vacation or $5,000 cash
Refer A Friend Drawing: 1st Prize: $10,000
Grand Prize Drawing Lower Prizes: The Grand Prize Drawing
Lower Prizes Entrants will receive: Second Prize: $25,000, Third Prize
$10,000, Fourth Prize $5,000, Fifth Prize $2,000, Prizes 6-10 $1,000 each,
Prizes 11-15 $500 each, Prizes 16-350 $300 each.
Grand Prize Grand Prize: The Grand Prize winner will
receive the Grand Prize according the following ticket sale, depending
on the number of Tickets sold as of the end date of the Raffle:
|
Tickets sold |
Prize |
| 0 — 32,250 |
An amount equal to 50% of the total Ticket proceeds received by CAM
minus all costs and expenses paid or incurred by CAM in connection with the
Raffle. |
| 32,250 — 35,000 |
Dream House (as defined below) or $1,600,000 cash prize. |
If 32,250 to 35,000 Tickets are sold, the Grand Prize Selected Entrant
will have the choice between the $2 million “Dream House” (Grand Prize)
in San Rafael, CA referenced in all announcements, advertisements, and
literature distributed by CAM, or a $1.6 million cash prize (“Cash Grand
Prize”). Such election must be done in writing no later than fourteen
(14) days from receiving Notification from CAM. If the Grand Prize Selected
Entrant fails to affirmatively elect to receive the Dream House within
this time period, or fails to take possession of the Dream House within
forty-four (44) days of the Notification, he or she will be deemed to
have elected to receive the Cash Grand Prize.
The Dream House is provided “as is” with no guarantees or warranties from
CAM. All winners are subject to relevant federal, state and local taxes
and other expenses, including transfer and other real estate expenses,
and taxes, and other transfer fees in connection with any Prize are the
sole responsibility of the Selected Entrant.
Cash prizes will be delivered to Selected Entrant by U.S. registered mail
or overnight carrier, in CAM’s sole discretion, to the name and address
provided on the Entry form. Payment will be done in the form of a check
made payable to the name provided on the Entry Form. Selected Entrant
will receive an IRS Form 5754 and a W2-G.
6. Proceeds. Proceeds from the Raffle will benefit Community Action
Marin and its ongoing charitable purposes in California.
7. Odds. Odds of winning depend on the total number of Raffle Tickets
sold. If 35,000 are sold, the odds of winning the Grand Prize are 1:35,000 and the
odds of winning one of the lower prizes is 1:100.
8. General Conditions. The Raffle is subject to these
Official Rules. These Official Rules shall not be changed by any oral
statement made by any employee or other person acting on behalf of CAM.
By participating, Entrants agree: (i) to be bound by these complete Official
Rules and the decisions of CAM which shall be final and binding; and (ii)
to waive any right to claim ambiguity in the Raffle or these Official
Rules, except where prohibited by law. By accepting a prize, Selected
Entrant agrees to release CAM, its officers, directors, employees, representatives
and agents, and any person or entity associated with the production, judging,
or administration of the Raffle (collectively, the “Releasees”) from and
against any claims, damages, disability, attorneys’ fees, and costs of
litigation and settlement, as well as any liability due to any injuries,
damages or losses to any person (including death) or property of any kind
resulting in whole or in part, directly or indirectly, from redemption,
acceptance, possession, ownership, misuse or use of any prize or participation
in any Raffle-related activity or participation in this Raffle. Except
where prohibited by law, the Selected Entrant's purchase of a Raffle Ticket
and acceptance of a prize constitutes permission for CAM to use said Selected
Entrant’s name, photograph, likeness, statements, biographical information,
voice, and city and state address for promotional or advertising purposes
in connection with this Raffle on a worldwide basis, and in all forms
of media, now or hereafter known, in perpetuity, without review, permission
or further compensation. Taxes, if any, are the sole responsibility of
Selected Entrant and Selected Entrant will be issued an IRS Form 5754
and W2-G for the Estimated Retail Value of any awarded prize. Each ticket
purchaser is advised to consult his or her own tax advisor(s) with respect
to the tax liabilities that may arise from winning a prize in this Raffle.
CAM reserves the right to disqualify any entrant it finds to be tampering
with the entry process or the operation of the Raffle or violating these
Official Rules, and reserves the right to cancel the Raffle should it
suspect fraud or for reasons out of the control of CAM. Disputes regarding
these Official Rules and/or this Raffle will be governed by the internal
laws of the State of California.
ANY CLAIM OR CONTROVERSY BETWEEN ANY RAFFLE PARTICIPANT AND CAM ARISING
OUT OF OR RELATING TO THE RAFFLE OR TO THESE RULES AND REGULATIONS SHALL
BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE
AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
THEREOF.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS
AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE RAFFLE.
SHOULD SUCH AN ATTEMPT BE MADE, CAM RESERVES THE RIGHT TO SEEK REMEDIES
AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION.
A Raffle Entrant’s sole and exclusive remedy for any claim against CAM
arising out of the sale of raffle tickets or the conduct of the Raffle
shall be limited to the return of the purchase price paid for his or her
raffle ticket(s). In no event shall CAM, its directors, officers, employees,
agents or representatives be liable to any party for any loss or injury
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.
9. Privacy. All personal information collected by CAM
will be used for administration of the Raffle. CAM will not share, sell
or otherwise distribute personal information collected by CAM except as
stated above.
10. Official Rules and Winners' List. A list of all prize
winners will be posted on the raffle website on or about February 21,
2009 and a copy of the winners’ list and of these Official Rules may be
obtained by sending a self-address, stamped envelope to: CAM Dream House
Raffle, 29 Mary Street, San Rafael, CA 94901. WA and VT residents need
not affix return postage. Requests must be received within 30 days of
the close of the Raffle.
11. Registration with the State of California. By letter
from the Attorney General’s office, Community Action Marin has registered
with the Department of Justice under Raffle Registration Number R-6274
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, 2008 and ends August 31, 2009.