CRUISER FOR KIDS
RULES AND PROCEDURES
SPECIAL NOTE: At the time of this raffle, federal law requires that corresponding tax withholding on prize values of $5,000 or greater must be collected from the winner upon award and distribution. Federal and state withholding laws are subject to change without notice and the withholding laws in effect at the time prizes are claimed will be followed. The IRS has taken the position that amounts paid for changes to participate in raffles, lotteries or similar programs are not gifts and, therefore, the price of the tickets does not qualify as a deductible charitable contribution.
AGREEMENT TO ABIDE BY THE RULES By entering the Phoenix Children’s Hospital 2012 “Cruiser for Kids Raffle” (the “raffle”), participants confirm that they are at least twenty-one (21) years of age and are aware of, have read, understand, and agree to abide by these rules and procedures (the “rules”). Questions concerning the raffle of the rules should be directed to Phoenix Children’s Hospital Foundation, 2929 East Camelback Road, Phoenix, Arizona, 85016, 602.546.2667, [email protected] .
ELIGIBILITY FOR THE RAFFLE Raffle ticket purchasers, and anyone to whom a raffle ticket purchaser transfers a ticket, must be at least twenty-one (21) years old at the time of the purchase, and no one under the age of twenty- one (21) at the time the ticket was purchased may win the prize. Only ticket(s) that have been paid for, and have been verified as paid for, are eligible for the applicable raffle drawing. Ticket purchasers must be legal, U.S. residents, physically present in the State of Arizona at the time tickets are purchased, although it is not required that they be Arizona residents. Any ticket purchased from outside Arizona is void and not eligible for any drawing. In the event of an invalid check or credit card payment, all tickets issued as a result of the invalid payment are void and not eligible for any drawing. The following individuals, and their respective immediate family members residing in the same household, are not eligible to participate in the raffle: (a) board members and executive management staff of Phoenix Children’s Hospital, Phoenix Children’s Hospital Foundation and partners: Chester’s Harley-Davidson and Sandusky Radio (Phoenix Mesa Radio/KDKB, Cactus Radio/KSLX-KAZG and Tempe Radio/KUPD-KDUS); and (b) board members and executive management staff of any affiliates, subsidiaries, parent companies and related entities of Phoenix Children’s Hospital, Phoenix Children’s Hospital Foundation and partners: Chester’s Harley-Davidson and Sandusky Radio Phoenix.
PRIZE: White, 2011 Harley-Davidson, Electra Glide
TICKETS A total number of 10,000 tickets will be available to be raffled. A maximum of 10,000 tickets for the raffle will be sold. Tickets are sold individually for $20 each or (6) for a $100. Each ticket may only have a single name and address. Listed participants are required to notify the Phoenix Children’s Hospital Foundation, 2929 East Camelback Road, Phoenix, Arizona, 85016 in writing if they have a new mailing address. In the event that the listed participant legally transfers all or a portion of their interest in a ticket to a third party— it is the responsibility of the listed participant to share any notification to that third party. Tickets can be purchased via the internet, or at a designated center(s). Those purchasing tickets over the internet will be able to print a confirmation pate with their ticket numbers at the conclusion of their purchase. Ticket numbers will also be e-mailed to internet purchasers. Ticket number(s) will be mailed within ten (10) business days of purchase to those purchasing tickets via internet or call center. The raffle is conducted in English.
DRAWINGS There can only be one raffle winner. Tickets are non-refundable. All draws are under the supervision of the Phoenix Children’s Hospital Foundation. Raffle tickets will be sold starting on July 1st, 2012, and entries will be accepted until midnight December 7th, 2012. Draw date will take place on Saturday, December 8th, 2012, at Chester’s Harley-Davidson.
NOTIFICATION OF WINNER The winner will be notified by phone, mail or by email where available, with instructions on how to collect the prize.
CLAIMING PRIZES Potential winner is required to claim the raffle prize within fourteen (14) calendar days of the Prize Drawing. Winner will be required to show photo identification, taxpayer identification number, and complete W-9 form. Winner may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a media release no later than the day the prize is validly claimed. If a potential winner does not claim a prize within the required period, does not execute and return required documents within the specified time period, is not in compliance with these rules, or is otherwise found to be ineligible, then, at the Phoenix Children’s Hospital Foundation’s sole discretion, the potential winner will be disqualified and the prize (s) will be forfeited and donated back to Phoenix Children’s Hospital Foundation. Three (3) attempts will be made to contact the winner. Phoenix Children’s Hospital, Phoenix Children’s Hospital Foundation, Chester’s Harley-Davidson and Sandusky Radio (Phoenix Mesa Radio/KDKB, Cactus Radio/KSLX-KAZG and Tempe Radio/KUPD-KDUS) make no claim regarding the actual value of the motorcycle, or the accuracy of the estimate.
LAWS AND REGULATIONS All applicable federal, state and local laws and regulations are incorporated into these rules, the raffle is conducted pursuant to A.R.S. §13-3302. 100% of the proceeds will be used to fund Phoenix Children’s Hospital programs.
CONDITION | USE RIGHTS By accepting the prize the winner consents to the use of their name, voice, and likeness, and all accompanying personally identifiable information the winner submits, via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation
PRIVACY Phoenix Children’s Hospital respects the privacy of its raffle supporters; we do not sell, rent or trade our supporter’s lists. The information we collect is used to process raffle ticket purchases, keep our supporters informed about the activities of the hospital and its foundation, and ask for their support for our mission to improve children’s health. If at any time you wish to be excluded from such contacts, write to “Cruiser for Kids” Phoenix Children’s Hospital Foundation, 2929 East Camelback Road, Phoenix, AZ 85016 or send an email to us at [email protected], and we will accommodate your request.
WAIVER | LIMITATIONS OF LIABILITY By choosing to participate in the raffle, ticket purchasers, ticket holders, and winners release Phoenix Children’s Hospital, Phoenix Children’s Hospital Foundation, Chester’s Harley- Davidson and Sandusky Phoenix and each of their respective parent companies, affiliates, partners, subsidiaries, agents, representatives, sponsors, service agencies and independent contractors, and each other respective directors, officers, partners, employees and agents, including advertising and promotion agencies (the “released parties”), from any kind of arising out of or in connection with the raffle or acceptance, possession, or use of any prize (including, without limitation, attorney’s fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. No released party shall be responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
TAXES The purchase price of raffle tickets does not qualify as a deductible charitable contribution. All prize winners shall be responsible for any and all federal, state and local income or excise taxes, fees, assessments, vehicle licenses, vehicle title and registration fees, and like charges associated with their prize and for paying any such amounts. Prizes with values of $5,000 or greater will be awarded only after withholding of corresponding taxes. Federal and state withholding laws are subject to change without notice and such withholding laws in effect at the time prizes are claimed will be followed.
MISCELLANEOUS The decisions of the Phoenix Children’s Hospital Foundation are final with respect to all aspects of this raffle. The raffle and these rules will be governed, construed and interpreted under the laws of the State of Arizona, without regard to choice of law principles. In the event that the operation, security, or administration of the raffle is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of the Phoenix Children’s Hospital Foundation that may cause the raffle to be disrupted or corrupted, the Phoenix Children’s Hospital Foundation may, in its sole discretion, either: (a) suspend the raffle to address the impairment and then resume the raffle in a manner that best conforms to the spirit of these rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment. The Phoenix Children’s Hospital Foundation reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the raffle, to be acting in violation of these rules or any applicable laws relating to the raffle, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion. Any attempt by any person to undermine the legitimate operation of the raffle may be a violation of criminal and civil law, and, should such an attempt be made, raffle reserve the right to seek damages from any such person to the fullest extent permitted by law. Phoenix Children’s Hospital Foundation’s failure to enforce any term of these rules shall not constitute a waiver of that provision. All times listed in these rules refer to Arizona time.