Manx Club 2014 Official Kickout SS Raffle Rules & Regulations
Purchase your $20 ticket for a chance to win a Subaru powered, 5-speed, Meyers Manx Kickout!
PURCHASE 10 tickets, get 1 ticket FREE!!!! (Tickets must be purchased by, and only assigned to, one person)
You can purchase your tickets by mailing the Official Meyers Manx Kickout SS Raffle Entry Form to:
Manx Club Kickout Raffle
PO Box 9558
Glendale, CA 91226
Official Manx Club Meyers Manx Kickout SS Raffle rules (“Official Rules”)
The dune buggy raffle is sponsored by, and will solely benefit, the Manx Club (hereafter referred to as “MC’) located at PO Box 9558, Glendale, CA91226. By participating in this raffle, and purchasing a raffle ticket, all participants and specifically the person named on a raffle ticket stub accept and agree as follows:
1. HOW TO ENTER. The ticket value is set at $20.00 per entry. Entrant must fully complete the personal information as requested on the ticket stub. Purchaser must be a current member in good standing of the Manx Club to be eligible to purchase a ticket AND win the raffle. Prospective Entrants may, however, join the club or renew their membership at the same time they purchase ticket(s). MC assumes no responsibility for illegible and/or incomplete ticket stub information. Entrant must complete the “Manx Club 2014 Raffle Ticket Official Order Form” found at both www.seatoseasafari.com, and www.manxclub.com and mail the form with payment to: Manx Club 2014 Raffle, PO Box 9558, Glendale, CA 91226. Entrants may purchase as many tickets as they wish. Tickets are personal and can only be in the name of an individual Entrant. Entrants may not sell, donate or otherwise transfer their ticket(s) to anyone. (Exception: MC Directors and Volunteers may sell tickets on behalf of the club at face value with all monies and raffle ticket stubs delivered to the MC.) The prize will be issued only to the Entrant whose name is written on the ticket stub. All sales of raffle tickets are final and there shall be no refunds. MC assumes no responsibility for lost, late, misdirected, or non-delivered mail or other failure to deliver tickets prior to any deadline.
2. GRAND PRIZE. The prize is a turn-key, “Orange Peel Yellow” Subaru-powered, 5-speed Meyers Manx Kickout SS, built on a reconditioned Volkswagen Beetle chassis and valued at $35,000.00. The Meyers Manx Kickout body is serial number #K-OM029-12SS. All transfer fees, license fees, registration fees, any and all relevant federal, state and local taxes are the sole responsibility of the selected Entrant in connection with the Grand Prize. 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. The Grand Prize winner is responsible for the payment of all taxes resulting from the income attributable to the receipt of this prize, and should consult his/her professional legal and accounting advisors regarding the tax effects of his/her respective choices.
3. DRAWING & ODDS. One (1) drawing for the Grand Prize will be made at random and conducted by a representative of the Manx Club on Sunday, July 13th, 2014, at Camp Tanda, 40005 Lakeview Drive, Big Bear Lake, CA 92315 at the conclusion of the 2014 Big Bear Bash, in Big Bear, California. The prize offered may not be substituted for cash. Entrants need not be present to win. The grand prize winner will be selected from among the ticket stubs that have been detached from all tickets sold for entry in the drawing. The prize is awarded based on the name written on the ticket, not by the pre-printed number on the ticket. The pre-printed number is an audit mechanism that ensures all tickets are present and accounted for at the time of the raffle. Odds of winning depend on the total number of tickets sold. A maximum of 6,000 tickets will be sold. A minimum of 1,950 tickets is required to be sold for the Raffle to be valid. In the event less than 1,950 tickets are sold by Sunday, July 13th, 2014, MC retains the right to extend the drawing date to subsequent regularly-scheduled Manx Club Fun Runs until the minimum threshold of ticket sales is met. The odds of winning range from 1:1,950 to 1:6,000.
4. NOTIFICATION/FINAL AWARD OF GRAND PRIZE. The winning ticket shall be selected at random. At the same time, four alternate winning tickets will be selected at random in case the Prize cannot be delivered to the original winner for any reason. The Entrant whose ticket is drawn (“Selected Entrant”) at the Grand Prize drawing will be notified by phone and/or U.S. Mail using the information provided on the ticket stub via the official entry form. a) Selected Entrant must take possession of the prize within ninety (90) calendar days of notification. If Selected Entrant fails to take possession, or cannot be located within ninety (90) calendar days after reasonable attempts to do so, or will be deemed to be ineligible, Selected Entrant will be deemed to have forfeited the prize, and a subsequent Selected Entrant will be selected for such prize. b) The subsequent Selected Entrant must take possession of the prize within ninety (90) calendar days of notification. If subsequent Selected Entrant fails to take possession or cannot be located within ninety (90) calendar days after reasonable attempts to do so, or is deemed to be ineligible, subsequent Selected Entrant will be deemed to have forfeited the prize, and a subsequent Selected Entrant will be selected for such prize. c) Additional subsequent Selected Entrants will be drawn and vetted in the manner detailed above until the Grand Prize is properly claimed. The final Selected Entrant is responsible to take delivery in person at Valley Center, California. The winner shall have no rights in the Prize until the Prize is fully and unconditionally accepted by the winner as evidenced by the timely return of the Prize Acceptance Form and until complete delivery of the Prize is made to the winner. The Prize remains the sole property of the MC until unconditionally accepted by the winner.
5. ELIGIBILITY. The Raffle is open to all persons age 18 who are a current member in good standing of the Manx Club. This includes MC’s board members and volunteers. The Prize will not be awarded, and will be deemed forfeited, if the winner’s ticket was issued in exchange for a check returned for “insufficient funds” or “account closed” or otherwise nonnegotiable. The Prize will not be awarded, and will be deemed forfeited, if the winner’s ticket was issued in exchange for a credit card charge deemed “declined”, “invalid”, “stolen” or “in dispute” or otherwise not accepted by the credit card company. (If the Grand Prize has been deemed forfeited, the prize will be awarded in accordance with Section 4 above: NOTIFICATION/FINAL AWARD OF GRAND PRIZE.) Any offer to participate is void where prohibited by law. Winners will need to provide a Social Security number or Taxpayer ID number consistent with the name(s) on the ticket(s). Out of country residents will need to provide a copy of the identification page of their passports issued by their country of origin. The Prize shall not be transferred until all legal requirements have been met. The winner of the Prize agrees that the “fair market value” of the Meyers Manx Kickout SS is $35,000.00 for income tax and all other purposes. MC provides no guarantee or warranty (a) as to the value of any item, (b) that the Internal Revenue Service (IRS) or the California Franchise Tax Board will accept the MC stated value as the value of the prize for the purposes of determining any income tax payable, or (c) that prizes can be subsequently sold for its stated value.
6. VOID WHERE PROHIBITED BY LAW. If the purchaser resides outside the State of California, it is the responsibility of the purchaser to determine whether the purchaser’s participation in the raffle is legal in the nation or state of the purchaser’s residence and whether the purchaser may accept the Prize as the winner thereof. If participation or acceptance by the winner is prevented by any national, federal, state, or local law, the Prize will be deemed forfeited, no refund shall be paid to the winner and the Prize shall be awarded to the next alternate winner.
7. PUBLICITY. As a condition to the final awarding of the Grand Prize, the Selected Entrant must grant permission for the use of his or her name, photographs, or likenesses for advertising and promotion for this Raffle and other MC promotions or events without compensation, unless prohibited by law. The Selected Entrant must sign and return to MC an affidavit of eligibility, liability and publicity release in the form approved and provided by MC (“Release”) and all requested supporting information, including (without limitation) proof of age and proof of identity, showing that the person claiming the Grand Prize is the same Entrant named on the winning ticket and the winning ticket stub. Unless restricted by law, the Selected Entrant will be required to complete and return the Release within ten (10) days after receipt of Grand Prize notification. The Grand Prize may be forfeited if the Selected Entrant: (i) fails to obtain all signatures; (ii) fails to return the Release and any supporting documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the Grand Prize for any reason. (If the Grand Prize has been deemed forfeited, the prize will be awarded in accordance with Section 4 above: NOTIFICATION/FINAL AWARD OF GRAND PRIZE.)
8. LIABILITY INSURANCE. It shall be the sole responsibility of the Selected Entrant to purchase all required liability insurance.
9. WARRANTY. Upon acceptance of delivery, the Selected Entrant agrees that any and all maintenance and service shall be the sole responsibility of the Selected Entrant. Disputes regarding the condition of the Prize are not subject to any type of warranty or guarantee of suitability for intended use. The vehicle is accepted in “as is, where is” condition with absolutely no express or implied warranties of any kind by MC. The winner also agrees to indemnify and hold the MC harmless from any and all losses, damages, rights, claims and actions of any kind rising in connection with or as a result of the winner’s acceptance or use of the prize.
10. OFFICIAL RULES AND SELECTED ENTRANT. The name of the Selected Entrant will be posted on the Sea-to-Sea Safari and MC website on or about Monday, July 14th, 2014 (providing the required minimum number of tickets is sold). The name of the Selected Entrant and a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: Manx Club 2014 Raffle, PO Box 9558, Glendale, CA91226. All such requests must be received by MC within 30 days after the Selected Entrant is drawn.11.
11. GENERAL CONDITIONS. The Raffle is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any person acting on behalf of the MC. By participating, Entrants agree that: a) They be fully and unconditionally bound by all the rules, limitations and restrictions of these complete Official Rules and that the decisions of MC regarding the interpretation of these Official Rules and the administration of the Raffle shall be final and binding on all Entrants; b) they waive any right to claim ambiguity in the Raffle or these Official Rules, except where prohibited by law; c) To the full extent permitted by law, to release MC, Meyers Manx Inc., Sea-to-Sea Safari Sponsors, and their respective officers, directors, representatives, employees, and agents, and any person or entity associated with the production, judging, or administration of the Raffle or the interpretation of these Official Rules (collectively, the “Releasees”) from all claims, causes of action, damages, liabilities, attorneys’ fees, and costs of litigation and settlement (collectively, “Claims”) arising out of or connected in any way with the Raffle and/or its production, judging, or administration (including, without limitation, the interpretation of these Official Rules). By accepting the Grand Prize, Selected Entrant agrees to release all Releasees from and against any Claims as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of the prize or participation in any Raffle-related activity or participation in this Raffle (including, without limitation, and except where prohibited by law, the use of the Selected Entrant’s name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Raffle on a national basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation; d) Taxes, if any, are the sole responsibility of Selected Entrant and Selected Entrant will be issued all relevant Internal Revenue Service forms and notifications, including, but not limited to 1099, Forms W2–G and W-9, as applicable, for the value of the Grand Prize. Selected Entrant will be responsible for paying income taxes, DMV use tax, and transfer /registration fees prior to taking possession of the Grand Prize. Each ticket purchaser is advised to consult tax advisors with respect to the tax liabilities that may arise from winning the Grand Prize in this Raffle. The fair market value of the prize is $35,000.00, based on parts and labor provided for the build. e) MC reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Raffle or violating these Official Rules. f) All ticket holders will receive a full refund should extenuating circumstances prevent MC from holding the raffle.
12. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE RAFFLE. SHOULD SUCH AN ATTEMPT BE MADE, MC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. PRIVACY. All personal information collected by MC will be used for administration of the Raffle and MC’s promotion/marketing of future MC events. MC will not sell or otherwise distribute personal information collected except as stated above.
14. REGISTRATION WITH THE STATE OF CALIFORNIA
By letter from the Attorney General’s office, The MANX CLUB has registered with the Department of Justice under Raffle Registration Number RF0008170 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, 2013 and ends August 31, 2014.
- APPLICABLE LAW/JUDICIAL REFERENCE.
This Raffle is intended to be conducted in accordance with applicable California law. The decisions of MC regarding the interpretation of these Official Rules and the administration of the Raffle shall be final and binding on all Entrants. Subject to the foregoing, any controversy, dispute, or claim between MC and any Entrant, in any combination, arising out of or connected in any way to these Official Rules or the Raffle (collectively, a “Controversy”) shall be heard by a referee, without a jury, in accordance with the provisions of section 638, et seq., of the California Code of Civil Procedure or their successor statutes. The referee shall be appointed by the court, shall hear and determine all of the issues in the action or proceeding brought to resolve the Controversy, whether of fact or of law, and shall report a statement of decision to the court, all in accordance with the provisions of section 638, et seq., of the California Code of Civil Procedure or their successor statutes. MC may plead the finality of its interpretation of these Official Rules and of its decisions regarding the administration of the Raffle as a full and complete defense should such a Controversy involve MC and its performance of such activities. For more information call 323-353-8246
In the event the release described herein is held by a court of competent jurisdiction to be inapplicable in a particular circumstance, an Entrant’s sole and exclusive remedy for any Claim against any Releasee arising out of the sale of Raffle ticket or the conduct of the Raffle shall nevertheless be limited to the return to such Entrant of the purchase price paid for his or her Raffle ticket(s). In no event shall MC, or any of their directors, volunteers, officers, employees, or representatives be liable to any Entrant or other person or entity for any loss or injury to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any Entrant or other person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.