The Rotary Club of Naples
Harley-Davidson Charity Raffle 2013
Official Raffle Rules and Regulations
The following provisions are the official rules and regulations (hereinafter referred to as the “Official Rules and Regulations”) which govern the conduct and operation of the “Harley-Davidson Charity Raffle” (hereinafter referred to as the “Raffle”), a drawing of chance being operated by the ROTARY CLUB OF NAPLES, INC., which is an IRC §501(c)(4) tax-exempt, non-profit corporation having its principal place of business at c/o Rogers, Wood, Hill, Starman & Gustason, 2375 Tamiami Trail North, Suite 110, Naples, Florida 34103 (hereinafter referred to as the “Rotary Club of Naples”):
1. TICKETS FOR THE RAFFLE. A ticket for the Raffle (hereinafter referred to as a “Raffle Ticket”) may be purchased at the price of Fifty Dollars ($50.00) per Raffle Ticket. Raffle Tickets shall be purchased solely by methods selected and approved by the Rotary Club of Naples, including, but not limited to, purchases made through (i) members or agents of the Rotary Club of Naples, and (ii) any website provided by the Rotary Club of Naples. A Raffle Ticket may be purchased in one name only. The Rotary Club of Naples has not set any restrictions on the amount of Raffle Tickets that may be sold, and there are no restrictions on the amount of Raffle Tickets that any person may purchase. Each Raffle Ticket is a separate and equal chance to win the prize enumerated below. Any prize and related tax liability will belong to the person named on the Raffle Ticket. If Drawing date has not changed (see Drawing section below) ticket requests will be accepted until the end of the business day on Thursday, June 13, 2013. Any requests and payments received following the cut-off time for the Raffle will be returned to the sender. All ticket sales are final. No refunds are available or will be made. The Rotary Club of Naples assumes no responsibility for lost, late, misdirected or non-delivered mail or fax messages, or any other failure to receive an order or deliver tickets or receipts prior to the drawing deadline. No reproduction of a Raffle Ticket is permitted. Any Raffle Ticket or entry form that is deemed in the absolute discretion of the Rotary Club of Naples to be defective, illegible or counterfeited will not be honored. The Rotary Club of Naples will make a reasonable effort to notify any person who submits a Raffle Ticket or entry form that is not honored.
2. ELIGIBILITY. The purchaser of a Raffle Ticket, the person named on a Raffle Ticket, or anyone to whom an entry purchaser legally transfers a Raffle Ticket (hereinafter collectively referred to as an “Entrant”), must at least eighteen (18) years of age at the time of the purchase of the Raffle Ticket. Raffle Tickets may not be purchased in the name of a business, trust, corporation or other entity, or wherever prohibited by applicable law. An Entrant does not need to be present at the drawing of the winning Raffle Ticket in order to win the cash prize. All federal, state and local laws and regulations apply. No purchase or contribution is necessary to enter the Raffle. Online entry purchasers providing the Rotary Club of Naples with a valid email address will receive confirmation number(s) by return email. This is the only confirmation that will be provided. Questions concerning ticket confirmation number(s) should be directed to RONALD W. GUSTASON, CPA (hereinafter referred to as the “Administrator”), at the address listed below.
3. DRAWING. The drawing of the winning Raffle Ticket will be held on Friday, June 14, 2013 at approximately 4:00 P.M. at the HARLEY-DAVIDSON OF NAPLES, which is located at 3645 Gateway Lane, Naples, FL 34109. If all Raffle Tickets are sold prior to Saturday, March 23, 2013, drawing will take place at the Rotary Club of Naples annual Grapes & Apes Fundraiser held on Saturday, March 23, 2013. This date and all other dates stated in these Official Rules and Regulations may be extended in the absolute discretion of the Rotary Club of Naples. The Rotary Club of Naples does not reserve any discretion to cancel the Raffle at any time. ROGERS WOOD, HILL, STARMAN & GUSTASON, an independent accounting firm located in Naples, Florida, will supervise the drawing of the winning Raffle Ticket. The prize drawing will be open to the public.
4. PRIZE. One (1) prize will be awarded to the winner of the Raffle. The winner of the Raffle will receive a 2009 Harley-Davidson FLSTN Softail Deluxe signed by Bruce Springsteen and the E Street Band. Estimated prize value is $35,000. The winner of the Raffle may be required to sign an affidavit of eligibility. No additional prizes will be awarded. If a potential winner does not comply with the Official Rules and Regulations, then the potential winner will be disqualified from the Raffle and the cash prize will revert to the Rotary Club of Naples. The Internal Revenue Service position is 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 of the Raffle assumes and must pay all local, state and federal taxes as well as any transportation, registration or licensing fees. Please allow up to 60 days for delivery of prize. The Rotary Club of Naples assumes no responsibility for the prize winner’s tax and/or legal obligations and suggests that the prize winner consult with a tax and/or legal advisor. The prize winner is strongly advised to seek professional tax and legal advice because the prize could have material adverse consequences on the winner with respect to legal, financial or other matters, including, but not limited to, taxes, income, government entitlements or other benefits. The Rotary Club of Naples will file a Form 1099 with the Internal Revenue Service to report the value of the prize won.
5. NOTIFICATION OF WINNER. The winner of the Raffle will be notified via U.S. mail, email or telephone by the Administrator. The winner of the Raffle will need to provide proper identification to the satisfaction of the Rotary Club of Naples. The winner of the Raffle must claim the prize by August 16, 2013. The winner of the Raffle will be instructed as to how to claim the prize at the time of notification by the Administrator. Any questions should be relayed to the Administrator at the contact information below. Entrants may obtain the winner’s name by sending a written request, plus a self-addressed, stamped envelope to the Administrator at the contact information below.
6. PRIVACY. By entering the Raffle, Entrants agree that their names, likenesses and/or information provided in connection with the Raffle entry may be used for communications conducted for the benefit of the Rotary Club of Naples, including, but not limited to, being disclosed to and used by the news media and otherwise being used by the Rotary Club of Naples for publicity purposes in area newspapers or other media, including print venues, television, radio or online (including the website of the Rotary Club of Naples). An Entrant may subsequently “opt-out” of the receipt of such communications by following the directions in any e-mail or other means of communication, or by contacting the Administrator at the contact information below. Except as specifically provided in this provision, the information of an Entrant will not be shared with or sold to any other person or entity.
7. WAIVER / LIMITATIONS OF LIABILITY. By participating in the Raffle, Entrants release the Rotary Club of Naples and its respective entities, affiliates, agents, representatives, sponsors, service agencies and independent contractors, and each of their respective directors, officers, partners, employees and agents, including advertising and promotion agencies, from any and all liability with respect to the participation in the Raffle, the possession, use and distribution of the prize awarded, and all losses or injuries (including to earnings, profits or goodwill), damages, costs, expenses, rights, claims and actions or any kind arising in connection with the Raffle or the prize awarded. An Entrant’s sole and exclusive remedy for any breach by the Rotary Club of Naples shall be limited to the return of the purchase prize paid for his or her Raffle Ticket(s), and such Entrant shall not be entitled to any incidental, special, punitive or consequential damages under any circumstances.
8. GOVERNING RULES, REGULATIONS AND LAW. By participating in the Raffle, the purchaser of a Raffle Ticket specifically acknowledges that he or she is aware of and agrees to abide and be bound by the rules, limitations and restrictions contained in the Official Rules and Regulations, and further specifically agrees that the Official Rules and Regulations solely govern the conduct and operation of the Raffle. The Official Rules and Regulations, together with the decision of the Rotary Club of Naples, are binding on every Entrant. The Official Rules and Regulations may not be waived, modified or supplemented except by the Rotary Club of Naples. If any provision of the Official Rules and Regulations or the application of any such provision to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof. No modification of the Official Rules and Regulations shall be enforceable unless made by the Rotary Club of Naples. The interpretation and application of the Official Rules and Regulations by the Rotary Club of Naples shall be final. The Official Rules and Regulations shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and permitted assigns of each Entrant. The Raffle is being conducted in accordance with and is governed by the laws of the State of Florida. The offer to participate in the Raffle is void where prohibited by law and all federal, state, and local laws and regulations apply.
ADMINISTRATOR:
Ronald W. Gustason, CPA
c/o Rogers, Wood, Hill, Starman & Gustason
2375 Tamiami Trail North, Suite 110
Naples, Florida 34103
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