2017 Car Raffle Official Rules
Rules and Regulations for the Frisco High School Band Booster Association Raffle
The Frisco High School Band Booster Association, Inc., having a business address of PO Box 125 Frisco, Texas 75034 (hereinafter the “FHS Band Boosters”) and a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this Raffle to raise funds to support the educational and artistic growth of students in the Frisco High School Band. The Rules and Regulations of the FHS Band Boosters Raffle are set forth below.
The prizewinner is responsible for all fees, local, state and federal taxes (including, but not limited to, income tax withholding based on the value of the raffle prize), and vehicle transfer costs (including, but not limited to, title, license and other transfer), which must be paid by the prizewinner prior to legal transfer of the 2017 Ford Mustang 2.3 L. The FHS Band Boosters take no responsibility for any tax liabilities. Prizewinners are encouraged to consult their tax advisor on the tax implications of accepting the raffle prize. This offer is void 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 HEREIN AND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY THE FHS BAND BOOSTERS FOR PUBLICITY PURPOSES. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT THE FHS BAND BOOSTERS IF YOU HAVE ANY QUESTIONS. THE FHS BAND BOOSTERS INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES THE FHS BAND BOOSTERS AND THEIR DIRECTORS, OFFICERS, 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 THE PRIZE, AND THE PRIZEWINNER AGREES TO INDEMNIFY AND HOLD THE FHS BAND BOOSTERS 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 THE PRIZE.
Tickets are $50.00 each, payable in $USD cash. Payments accepted with a valid US issued credit card will cost $51.50 which includes an additional $1.50 in online payment processing fees. By paying with a credit card entrant agrees to authorize the FHS Band Boosters to charge the credit card entered in the raffle ticket transaction for the amount indicated on the ticket checkout page. Payment authorization is for the raffle tickets purchased, for the amount indicated on the checkout page, and is valid for one time use only. Entrant certifies that they are an authorized user of this credit card and that they will not dispute the payment with the credit card company; so long as the transaction corresponds to the amount on the checkout page. 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 the 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 the winner.
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.
All defective or physically altered tickets will be immediately disqualified by the FHS Band Boosters. The FHS Band Boosters assume no responsibility for illegible tickets.
A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY THE FHS BAND BOOSTERS SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL THE FHS BAND BOOSTERS OR THEIR DIRECTORS, OFFICERS, VOLUNTEERS, 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 Raffle tickets as he or she may wish. To purchase tickets individuals may present themselves to various ticket sale tables that will staffed during football games or other events that the Frisco High School Band will be in attendance at. At the discretion of the FHS Band Boosters, tickets may be sold at additional events and through parent volunteers of the FHS Band Boosters who have been specifically authorized to sell the Raffle Tickets and collect the ticket price. Tickets may be requested by emailing firstname.lastname@example.org and providing your name, address, telephone number and email address. A representative of the FHS Band Boosters will contact you to arrange a time and place to meet in person to purchase tickets. Tickets may also be purchased online at http://www.friscohsband.org/tickets if you reside in a zip code in the Dallas-Fort Worth area. The FHS Band Boosters assumes no responsibility for lost, late, or misdirected requests for tickets via email, or any other failure to receive requests for tickets prior to the drawing deadline.
Selection of Winner:
The drawing for the 2017 Ford Mustang 2.3 L will be conducted by the FHS Band Boosters on Tuesday December 12, 2017 at approximately 8:00 PM Central Standard Time from all eligible raffle tickets. Tickets will not be sold after 7:00 PM on Tuesday December 12, 2017. The winner need not be present to win. Winner will be notified according to the contact information provided to the FHS Band Boosters at the time of ticket purchase and the winning ticket will be posted on FHS Band Boosters website http://www.friscohsband.org/ The prize is forfeited if the prizewinner cannot be located by 5:00 p.m. Central Standard Time on Tuesday, December 19, 2017, after attempting to make contact through the information provided at the time of ticket purchase. If the prize is forfeited, a second drawing will be held to determine the winner.
At the discretion of the FHS Band Boosters, ticket purchase deadlines, drawing dates, times and locations may be extended or modified. The Raffle drawing date and time may be extended up to thirty (30) days at the discretion of the FHS Band Boosters. The FHS Band Boosters Board of Directors is the final authority in the event of any disputes regarding the drawing.
In order to collect his or her prize, a ticket winner must sign and deliver to the FHS Band Boosters: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable laws, including, without limitation, that he or she is at least 18 years old; (b) a signed acceptance document indicating that the winner has accepted the prize as described, (c) payment in acceptable form (cash or cashier’s check) of all required fees, local, state and federal taxes, and vehicle transfer costs (including, but not limited to, title, license and other transfer fees), (d) such written information as is required by any applicable tax laws, including, without limitation, his or her Social Security Number; (e) proof of identity in forms satisfactory to the FHS Band Boosters showing that the person claiming the prize is the same person who is named on the winning raffle ticket; and (f) the winning ticket with a serial number matching the serial number on the ticket drawn as the winner.
Applicable federal tax law requires that the winner of a non-cash prize pay 25% of the fair market value of the prize to the FHS Band Boosters, which will remit such payment to the Internal Revenue Service (IRS). The winner will receive a copy of IRS Form W-2G Certain Gambling Winnings reporting the value of the prize and the amount of federal income tax withheld. This amount may vary depending upon applicable law. FHS Band Boosters makes no guarantee that the Internal Revenue Service (IRS) will accept any stated value of the prize for the purpose of determining any income tax that may be due from the winner. FHS Band Boosters take no responsibility for any tax liabilities.
If the winner elects not to accept the prize as described, no substitution or exchange for cash or other goods will be provided. If the winner does not pay to the FHS Band Boosters the amount necessary to comply with applicable laws as outlined in these raffle rules, then, at its option, the FHS Band Boosters will disqualify the presenting winner and provide such disqualification in written form. At its sole discretion, the FHS Band Boosters may decide to draw another ticket to determine the raffle winner.
Subject to the foregoing, prizewinners must pick up their prize or arrange for delivery of their prize, solely at their expense, under mutually acceptable methods.
Only 1,000 tickets will be sold. If you purchase 4 tickets and all 1,000 tickets are sold, your odds are 1 in 250 of winning the 2017 Ford Mustang 2.3 L.
Anyone 18 years of age or older may enter. The FHS Band Boosters 2017 Car Raffle Chairperson and the Frisco High School Band head Director are the only two (2) individuals excluded from participating in the raffle and are not eligible to win a prize. All other 2017-2018 FHS Band Booster members, and other employees and students of the Frisco Independent School District and other related and unrelated parties are eligible to win, provided they are at least 18 years of age as outlined above.
Subject to the sale of a minimum number of tickets (700), the prize is a 2017 Ford Mustang 2.3 L. In the event less than 700 tickets are sold, The FHS Band Boosters reserves the right to cancel the raffle and refund the ticket price to the named individual and at the named contact information on the ticket.
General Terms and Conditions:
The 2017 Ford Mustang 2.3 L will be transferred to the prizewinner "AS IS, WHERE IS, AND WITH ALL FAULTS". THE FHS BAND BOOSTERS DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CAR AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE CAR. THE FHS BAND BOOSTERS DOES NOT WARRANT THAT THE CAR IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF THE FHS BAND BOOSTERS BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
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.
Texas Charitable Raffle Enabling Act:
This Raffle is being conducted in accordance with the applicable provisions of the Texas Charitable Raffle Enabling Act – Texas OCCUPATIONS CODE, TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT, SUBTITLE A. GAMING, CHAPTER 2002. CHARITABLE RAFFLES
This Raffle is subject to these Rules, the laws of the State of Texas and applicable laws. If there is a conflict between these Rules and the laws of the State of Texas, the laws of the State of Texas shall govern. The FHS Band Boosters reserves the right to modify the Rules and/or impose additional conditions, procedures, and requirements as may be necessary or required for the Raffle and the award of prizes hereunder to comply with the laws of the State of Texas and Applicable Law. This Raffle is void where prohibited by law.
For information or inquiries regarding this Raffle, contact email@example.com.