Rules: “Just in Time for FIAT Car Raffle” Official Rules and Regulations
Just in Time for Foster Youth (JIT), a tax exempt organization under Section 501(c)(3) 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 JIT raffle are set forth below. By purchasing a raffle ticket the
purchaser agrees to be bound by these rules and regulations. Just in Time for Foster Youth’s interpretation and application of the rules and regulations shall be final.
The Grand Prize Drawing for the 2013 FIAT 36 month/10,000 miles per year lease will be conducted by Just in Time for Foster Youth on Saturday, May 31, 2013, subject to rescheduling, as more particularly described below. Tickets will not be sold after May 31, 2013. 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. Prize must be redeemed prior to June 20, 2013.
Only 2,000 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 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 Grand Prize is accepted, a 36 month/10,000 miles per year lease on a 2013 FIAT 500 POP automatic Hardtop, will be awarded to the winner by Kearny Mesa FIAT. The option to upgrade vehicle to any other model is acceptable so long as the winner is responsible for the difference. The Winner’s credit must qualify for the 36 Months “A” or “S” preferred Lease through Ally Bank. The winner must provide and maintain adequate insurance for the duration of the lease, sign and accept all the terms and responsibility of the lease agreement conditions with regards to excess mileage charge, and wear and tear. JIT and Kearny Mesa FIAT expressly disclaims all liabilities with respect to any cost or damages arising from the lease or operation of the vehicle.
Winner shall pay all Taxes, Documentation fees & Registration due on the lease as well as accept and acknowledge that he or she will receive a 1099 for the actual cost of the lease. Kearny Mesa FIAT will, in addition to the base lease payments, pay any disposition fees imposed by the lender if any, at lease end. Car will be chosen from KM FIAT Inventory.
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 JIT FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE JIT RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT JIT IF YOU HAVE ANY QUESTIONS. JIT’S INTERPRETATION AND
APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO ANY PARTY FOR 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 JIT HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF 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 are $99.00 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 the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner.
JIT 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 JIT. Prior to the Grand Prize drawing, JIT 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. JIT 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 JIT’S
BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL JIT, 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 tickets: you may mail a check to Just in Time for FIAT Car Raffle, PO Box 722915, San Diego, CA 92172 or call 858-480-9859 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, cash or credit card. JIT 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 2,000 tickets have been sold or after May 31, 2013, will be returned. No other refunds are available except in the exclusive discretion of JIT. JIT 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 Just in Time for FIAT Car Raffle Grand Prize Drawing will be held on May 31, 2013 from all eligible raffle tickets. Winners need not be present to win. The 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 JIT at the time of ticket purchase.
In addition to posting the winner on the JIT web site, a list of winners may be obtained from JIT or by sending a self-addressed, stamped envelope to Just in Time for FIAT Car Raffle, PO Box 722915, San Diego, CA 92172 within one week of the drawing.
In order to collect his or her prize, a ticket winner must sign and deliver to JIT: (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 and/or real estate laws, including, without limitation, his or her Social Security Number; (c) proof of identity in forms satisfactory to the JIT showing that the person claiming the prize is the same person who is named on the winning raffle ticket; and (d) the winning ticket stub. Winners may be required to submit a W-2G, Form 5754 or similar tax form (provided by JIT) for tax withholding purposes.
The odds of winning a prize will depend on the number of tickets sold. If all 2,000 tickets are sold the odds of winning the Grand Prize is 1 in 2,000.
Anyone 18 years of age or older may enter. JIT employees, members of the Board of
Directors, authorized agents and employees thereof, consultants, attorneys, independent
accountant firm, and their spouses and children 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.
The Grand Prize is a 36 month/10,000 miles per year lease on a 2013 FIAT 500 POP automatic Hardtop. Presumed value of winning ticket: $9,000-$10,000.
General Terms and Conditions:
NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF JIT BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
JIT 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 JIT 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, Just in Time for Foster Youth of San Diego
has registered with the Department of Justice under Raffle Registration Number RF0007785 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, 2012 and ends August 31, 2013.