MCCSJ Spring 2009 Raffle Official Rules

MCC San Jose Spring 2009 Raffle Official Rules and Regulations

The Metropolitan Community Church of San Jose (MCC San Jose) is a tax-exempt religious organization.  We are conducting the MCC San Jose Spring 2009 Raffle to raise funds for ongoing charitable purposes.  Accordingly, the following MCC San Jose Spring 2009 Raffle rules and regulations are presented hereinbelow.  Parties who purchase a raffle ticket agree to be legally bound by federal and California law to these rules and regulations.  MCC San Joses application of these rules shall be final. 

The drawing for the MCC San Jose Spring 2009 Raffle will be held on Sunday, June 21, 2009.  No tickets will be sold after Wednesday, June 17, 2009.  It is very possible that tickets may sell out prior to June 17, 2009.  MCC San Jose will select an independent person to supervise the drawing.  The drawing for the prizes is open to the public, but the winner does not have to be present to win. 

No more than 500 tickets will be sold.  Each ticket buyers chance of winning is based on 500 tickets being sold.  If fewer tickets are sold, chances of winning will improve.  The MCC San Jose Spring 2009 Raffle organizers understand that the IRS considers 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.  To be certain, talk with your C.P.A., or tax attorney for a professional opinion about this issue as each individual tax situation is different.  Be advised, that MCC San Jose is in no way offering tax advice.

The winner of the MCC San Jose Spring 2009 Raffle assumes all fees, local, state and federal taxes, or shipping charges which must be paid to deliver a prize to the winner.  MCC San Jose takes no responsibility whatsoever for any tax liabilities incurred by the Raffle winner.  Again, consult your tax advisor if you are fortunate and win.  This offer is completely void in its entirety 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 MCC San Jose for publicity purposes and (3) that the raffle winners will be announced on the MCC San Jose Spring 2009 Raffle Website.  Other rules and regulations may apply.  Please contact MCC San Jose if you have any questions whatsoever.  

By participating and entering this raffle, each participant releases MCC San Jose, it’s directors, officers, employees, volunteers 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 the winner agrees to indemnify and hold MCC San Jose 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 a prize.  

Each participant hereby waives the provisions of California Civil Code Section 1542, which states: “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 are $20.00 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 a 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. 

MCC San Jose reserves the right to reject any entries submitted with payment that does not constitute “good funds”.   All defective or physically altered tickets will be immediately disqualified by MCC San Jose.  Prior to the drawing, MCC San Jose will make a reasonable effort to notify the individual and/or entity that submits such a ticket or one which has been rejected because the credit card or check did not clear that the ticket has been rejected by attempting to make contact through the information provided at the time of submitting the purchase request.  MCC San Jose assumes no responsibility at all 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 the MCC San Jose’s breach of these rules shall be limited to the return of the purchase price for his or her raffle ticket(s).  In no event shall MCC San Jose, 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 and given he or she does not violate any of the Statutes of Fraud at the time of ticket purchase. 

Tickets may be purchased from MCC San Jose staff or volunteers.  By California law, tickets cannot be purchased on the MCC San Jose website or by email.  Any purchase request submitted by email must be rejected.  All entries must include payment by cash or check.  MCC San Jose reserves the right to reject any entry 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 500 tickets have been sold or after June 17, 2009, will be returned.  No other refunds will be available except in the exclusive discretion of MCC San Jose.  MCC San Jose assumes no responsibility whatsoever 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 Winner:

The MCC San Jose Spring 2009 Raffle drawing will be held on June 21, 2009, from all eligible raffle tickets..  The winner does not need not be present to win. The prize drawing will be held under the supervision of an independent person.  Drawings are open to the public. Winners will be notified according to the contact information provided to MCC San Jose at the time of ticket purchase. If a prize winner cannot be located by 5:00 p.m., July 15, 2009, after attempting to make contact through the information provided at the time of purchasing the ticket, an alternate winner will be selected for their Prize.  The name of the winner may be obtained from MCC San Jose by sending a self-addressed, stamped envelope to MCC San Jose, P.O. Box 388, San Jose, CA   95103 within two weeks of the drawing. 

In order to collect his or her Prize, a ticket winner must sign and deliver to MCC San Jose (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 laws, including without limitation his or her social security number or valid tax identification number; (c) proof of identity in forms satisfactory to MCC San Jose showing that the person claiming a prize is the same person who is named on the winning raffle ticket.; and (d) the winning ticket stub. The winner of a prize may be required to submit a W-2G, Form 5754 or similar tax form (provided by the MCC San Jose) for tax purposes. 

Winning Odds:

The odds of winning a prize will depend on the number of tickets sold. If all 500 tickets are sold the odds of winning a prize is 3 in 500. 

Eligibility:

Any person 18 years of age or older may enter.  MCC San Jose employees, members of the MCC San Jose Fundraising Team, and members of the Board of Directors of MCC San Jose, 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 a prize winner. 

The Prizes:

First prize will be the winner’s choice of either A) a Samsung 40″ Touch of Color™ 1080P LCD HDTV valued at $1,000, or B) $1,000.  Second prize will be a gift basket from Macy’s cosmetics, valued at $200.  Third prize will be a pair of tickets to the FC Gold Pride professional women’s soccer game on Sunday, July 19, 2009, at Buckshaw Stadium at Santa Clara University, valued at $100. MCC San Jose reserves the right to substitute a prize of equal or greater value for any of these prizes.  

General Terms and Conditions:

The prizes will be transferred to their winners “As is, where is, and with all faults.”  MCC San Jose does not provide any guarantee or warranty, expressed or implied, in connection with the prizes and accepts no liability or responsibility regarding the prizes.  No express warranties are given and absolutely no affirmation of MCC San Jose’s words and/or actions will constitute a warranty.

MCC San Jose takes no responsibility for any tax liabilities. Once again, 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.

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