BOYS & GIRLS CLUBS OF METRO DENVER
2015 Denver Dream House Raffle Official Rules
Boys & Girls Clubs of Metro Denver, Inc. (“BGCMD”), a Colorado nonprofit
corporation and tax-exempt organization under Section 501(c)(3) of the
Internal Revenue Code, is conducting the Denver Dream House Raffle (the
“Raffle”) to raise funds for its ongoing charitable activities and purposes.
The rules (the “Rules”) of the Raffle, set forth below, govern the Raffle,
award of prizes, and participation in the Raffle.
These Rules bind every person (a “Ticket Holder”) who buys or holds a
Raffle ticket. By purchasing or holding a ticket, each Ticket Holder agrees
(a) to be bound by these Rules and (b) that BGCMD’s interpretation and
application of these Rules is conclusive and final.
The Grand Prize Drawing for the Raffle will take place on May 8, 2015
(the “Grand Prize Drawing Date”). The final ticket purchase deadline for
entry is April 24, 2015 (the “Final Ticket Purchase Deadline”). Only 55,000
tickets will be sold. As set forth in the “Prizes” section below, the
number of tickets sold determines the Grand Prize that BGCMD will award.
The drawing is open to the public, but the winner need not be present
Raffle tickets cost $150 each, 3-packs for $400, or 5-packs for $550.
Only one Eligible Ticket Purchaser (as defined below in the “Eligibility”
section of these Rules) may purchase a ticket. This means, (a) one name
per ticket and (b) one purchaser per ticket. An Eligible Ticket Purchaser
may designate another person a Ticket Holder. If a ticket names more than
one person as a Ticket Holder and that ticket is a winning ticket, then
BGCMD will (a) deem the person named first on the ticket as the Ticket
Holder, (b) declare the first person named on the ticket as the winner,
and (c) award the prize to the first person named on the ticket. In such
case, the division of the prize shall be the sole responsibility of the
first person named on the ticket. Once BGCMD awards the prize to the first
person named on a ticket, BGCMD will have no further duties or obligations
with respect to the division of the prize and all persons named on a ticket
as Ticket Holders release BGCMD from all claims relating to the award
of the prize or its division among other persons on a ticket named as
The IRS has taken the position that amounts paid for chances in Raffles,
lotteries or similar drawings for valuable prizes are not gifts and therefore
do not qualify as deductible charitable contributions.
To be eligible to purchase a ticket, a ticket purchaser (an “Eligible
Ticket Purchaser”) must (a) be at least 18 years old at the time of purchase,
(b) be a U.S. resident physically residing in the United States or District
of Columbia, and (c) not be precluded by Applicable Law (as that term
is defined in the “Registration with the State of Colorado and Applicable
Law” section of these Rules”) from holding or purchasing a ticket or participating
in a raffle.
A person cannot be an Eligible Ticket Purchaser or a Ticket Holder if
such person or holder is a person (a) with whom U.S. persons or entities
are restricted from doing business under regulations of the Office of
Foreign Asset Control of the Department of the Treasury (including those
named on OFAC’s Specially Designated and Blocked Persons List”) or under
any statute or executive order or (b) who is acting, directly or indirectly,
for or on behalf of any such person.
BGCMD employees and members of their household may not purchase a ticket
and are not eligible to win a prize.
BGCMD reserves the right to require reasonable evidence of the eligibility
of an Eligible Ticket Purchaser or Ticket Holder at any time and to void
any ticket sold to a person who does not meet the eligibility requirements
or who is precluded by applicable law from holding a ticket or participating
in a raffle.
How to Purchase Tickets
Eligible Ticket Purchasers may purchase Raffle tickets online at www.MileHighRaffle.com
or make a ticket reservation by calling toll-free (888) 506-6053. At the
time of purchase, Eligible Ticket Purchasers must provide their name,
address, phone number, credit card number, credit card security code and
expiration date, and such other information as BGCMD may require. Eligible
Ticket Purchasers may also purchase tickets by mail or in person at Boys
& Girls Clubs of Metro Denver Dream House Raffle, 2017 West 9th Avenue,
Denver, CO 80204. Eligible Ticket Purchasers may not purchase tickets
by email or voice mail. All entries must include payment by check, money
order, or credit card.
Tickets will be distributed and ticket numbers will be assigned in the
order that payment is received. All payments will be deposited upon receipt.
BGCMD reserves the right to reject any entry form that it deems defective,
illegible, ineligible, or submitted without “good funds.”
In accordance with Applicable Law, BGCMD will not mail Raffle tickets
to Ticket Holders. BGCMD will mail or email unofficial raffle tickets
as receipts for ticket purchases to the person named on each Raffle ticket
entry form within two to four weeks of purchase. Hard copies of official
tickets are available upon request. To win a prize, Ticket Holders do
not need (a) to possess a hard copy of a Raffle ticket or a receipt in
order to win and (b) do not need to be present at a drawing.
Each Raffle ticket purchased before a deadline qualifies for all future
drawings for which that ticket is eligible. Each winner of a special Early
Bird Drawing will be automatically re-entered in all subsequent drawings
for which that ticket is eligible.
All Raffle ticket sales are final. BGCMD will make no refunds except under
the following circumstances: BGCMD will return any payment that BGCMD
receives after (a) it has sold 55,000 tickets or (b) after the Final Ticket
Purchase Deadline. No other refunds are available except at the discretion
of BGCMD. BGCMD 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.
BGCMD will draw at random and determine winning tickets under the supervision
of BGCMD’s certified games manager(s). Drawings will be open to the public,
but winners need not be present to win. At each Early Bird or Special
Drawing, a Raffle ticket will be drawn for prizes in reverse order, beginning
with the lowest valued prize and ending with the 1st prize. No Raffle
ticket can win more than one prize in any one Special or Early Bird Drawing.
All winning tickets from Early Bird or Special Drawings will be re-entered
and will be eligible for all future drawings, including the Grand Prize
Any individual who is named on three or more tickets will be entered into
the Multi-Ticket Drawing, subject to the following; to be eligible entrants
must be named on three or more tickets during the same order, using one
method of payment, using the same name on each ticket, and the same mailing
address for each eligible ticket. For each eligible ticket assigned, a
corresponding eligible ticket stub will be added into the Multi-Ticket
Drawing. Three tickets assigned will have three ticket stubs entered into
the Multi-Ticket Drawing. Four tickets assigned will have four ticket
stubs entered into the Multi-Ticket Drawing, etc. Multiple tickets purchased
at the same time are eligible for discounts. 3-packs are available for
$400 and 5-packs are available for $550.
The Refer-a-Friend Drawing is for every person who refers a friend who
purchases a Raffle ticket. For every Eligible Ticket Purchaser who purchases
a ticket and provides a referring party’s name at the time of purchase,
a ticket containing the referrer’s name will be entered in the Drawing.
The referrer is required to purchase at least one ticket to be included
in the Refer-A-Friend Drawing. The individual listed on the winning ticket
will receive the Refer-a-Friend cash prize. To be eligible, ticket order
with payment and referral must be received before all 55,000 tickets are
sold and in any event by April 24, 2015.
At the Grand Prize Drawing, Raffle tickets for all prizes except the Grand
Prize will be drawn first, in reverse order, beginning with the lowest
valued prize and ending with 2nd prize. Those winning tickets will then
be re-entered with all other Raffle tickets in the Grand Prize Drawing.
At the discretion of BGCMD and subject to approval of the Colorado Secretary
of State, BGCMD may extend or modify ticket purchase deadlines (the Final
Ticket Purchase Deadline) and drawing dates, times, and locations. A list
of Raffle winners will be posted on the Raffle website (www.MileHighRaffle.com).
The BGCMD Certified Games Manager(s) is the final authority in the event
of any disputes regarding any of the drawings.
Odds of Winning
The odds of winning one or more prizes will depend on the number of tickets
sold. If BGCMD sells all 55,000 tickets, the odds of winning the Grand
Prize are 1 in 55,000. The chance of winning the Grand Prize, Early Bird
Prizes, Special Drawing Prizes, and secondary prizes will vary based upon
the number of tickets sold, and if BGCMD sells less than 55,000 tickets
or adds additional drawings or prizes, the chance of winning a prize will
increase. The odds of winning a prize are 1 in 50.
Early Bird Drawings:
- Early Bird Drawing 1:
- Purchase Deadline: February 20, 2015.
- Drawing: March 4, 2015, 3:30 p.m., William E. Cope Boys
& Girls Club, 808 Inca St., Denver, CO.
- Prize: Winner's choice between a BMW 320i, Audi A4, Mini
Cooper or $30,000 cash.
- Early Bird Drawing 2:
- Purchase Deadline: March 20, 2015.
- Drawing: April 1, 2015, 3:30 p.m., Arthur E. Johnson
Boys & Girls Club, 3325 W. 16th Ave., Denver, CO.
- 1st Prize: Vacation to Paris, France – 5 days, 4 nights
or $5,000 cash
- 2nd Prize: Vacation to Barbados - 5 days/4 nights or
Grand Prize Drawing:
- Purchase Deadline: April 24, 2015.
- Drawing: May 8, 2015, 9:00 a.m., J. Churchill Owen Boys
& Girls Club, 3480 W. Kentucky Ave., Denver, CO.
- 1st Prize: Winner’s choice of the Denver Dream Home,
$2 million annuity paid over 20 years or $1,400,000 lump sum cash payment.
Grand Prize If 50,000 Tickets Sold. If BGCMD sells 50,000 Raffle tickets
by the Final Ticket Purchase Deadline, then the grand prize (the “Grand
Prize”) awarded to the winner (the “Grand Prizewinner”) will be either
(a) a lump sum cash prize of $1,400,000 (the “Cash Grand Prize”), (b)
a residence (the “Residence Grand Prize”), or (c) an annuity cash prize
of $2,000,000 paid over 20 years (the “Annuity”). The manner in which
the Grand Prizewinner elects the Cash Grand Prize, the Residence Grand
Prize, or the Annuity is set forth below in the “Additional Rules Applicable
to Grand Prizewinner” section of these Rules.
Grand Prize If Less Than 50,000 Tickets Sold. If BGCMD sells less than
50,000 tickets by the Final Ticket Purchase Deadline, the raffle will
be held as scheduled, and prizes will be awarded as advertised with the
exception that the Grand Prizewinner will receive a choice between sum
equal to 50% of the Net Raffle Proceeds paid as an annuity over 20 years,
not to exceed $2,000,000 or a onetime cash payment of 70% of the annuity
value, not to exceed $1,400,000. The payout on all other prizes (Early
Bird, Multi-Ticket, etc.) is not reliant on the number of tickets sold.
Net Raffle Proceeds. As used herein, the term “Net Raffle Proceeds” means
(a) the gross proceeds received by BGCMD received from the sale of tickets
in the Raffle less (b) payment of all other prizes (whether or not claimed
or awarded in the Raffle) and all Raffle-related expenses as determined
by BGCMD. The determination by BGCMD will be binding in all events other
than a manifest error made by BGCMD in the computation of the revenues
and expenses of the Raffle.
Additional Grand Prize Drawing Prizes:
- 2nd Prize: Winner’s choice between an Audi A6, Land Rover
Range Rover Evoque, BMW X3, or $45,000 cash*
- 3rd Prize: Vacation to Rome, Italy - 5 days/4 nights
or $5,000 cash*
- 4th Prize: Vacation to Riviera Maya, Mexico - 6 days/5
nights or $5,000 cash*
- 5th Prize: Vacation to New York City, 5 days/4 nights,
or $5,000 cash*
- 6th Prize: Vacation to London, Five days, Four Nights
or $5,000 cash*
- 7th Prize: Sail the Southern Caribbean Seas, 7 nights
or $5,000 cash*
- 8th Prize: Golf Getaway to St Andrews, Scotland, Five
Days, Four Nights or $5,000 cash*
- 9th Prize: Big Island Hawaiian Adventure – 7 days, 6
nights or $5,000 cash*
- 10th Prize: Stay at Any Participating Fairmont in the
contiguous US or Canada plus airfare - 7 days, 6 nights or $5,000 cash*
- Prizes 11-1100:
- 1 Bushnell 3"X525 GOTO NORTHSTAR W/RVO
- 1 Sony 40" LED Bravia TV w/ WiFi 1080p
- 1 Canon EOS Rebel T5 Digital Camera 18-55 IS II
- 1 Apple Macbook Air 13.3" 128GB
- 1 Samsung 50" Smart LED HDTV 3D CMR 480 1080p Resolution w/ WiFi
- 2 Samsung 40" LED Smart LED TV 1080p CMR240 w/ WiFi
- 5 Wine Enthusiast Silent 6 Bottle Touchscreen Wine Refrigerator
- 5 GOPRO HERO3 White Edition Camera
- 5 Samsung Google Chrome Notebook (Wi-Fi, 11.6-Inch)
- 10 Sony Wireless Radio Frequency Headphones
- 10 Fitbit Flex Wireless Activity and Sleep Wristband Black
- 10 iHome Bluetooth Wireless Speaker System w/USB Charging
- 10 Magellan 4.3" GPS Navigation System w/Lifetime Maps and Traffic
- 10 Samsung WB35F Black Smart WiFi Camera with 8GB Micro SD
- 10 Apple iPod nano - 16GB Space Gray
- 10 Dyson AM06 10" Air Multiplier White/Silver
- 10 Sony Micro Music System with Bluetooth & NFC
- 10 Pebble Smart Watch
- 15 Sony 16GB Walkman MP3 Player Black
- 20 Supersonic Micro System with CD and AM/FM Radio
- 20 RCA Bluetooth Soundbar with Subwoofer
- 20 iHome Triple Charging Clock Radio w/2 Lightning Docks & USB
- 20 Samsung Galaxy Tab 4 7.0 8 GB White
- 25 High Sierra Ultimate Access 26" Wheeled Duffel
- 25 Bushnell Back Track D-Tour
- 25 Samsung Blu-ray Disc® Player w/ Built-in Apps
- 25 Naxa 10" Swivel Screen Portable DVD Player w/USB/SD/MMC Inputs
- 25 Apple Apple TV with 1080p HD HDMI Cable Included
- 40 RCA Bluetooth CD Micro Audio System
- 100 Naxa 10.1" TFT LED Digital Photo Frame
- 200 Polaroid Waterproof HD DVR with 4x Digital Zoom Red
- 418 Apple iPod shuffle - 2GB Space Gray
- * except as stated below
MULTIPLE TICKET BUYER PRIZE(S) (awarded at Grand Prize Drawing): Purchase
Deadline: April 24, 2015. Drawing: May 8, 2015. Prize: 2015 Porsche Boxster
Convertible (base model, manual transmission, base available color) or
REFER A FRIEND DRAWING PRIZE(S) (awarded at Grand Prize Drawing): Purchase
Deadline: April 24, 2015. Drawing: May 8, 2015. 1st Prize: 2015 Fiat 500
or $15,000 cash.
All vehicles come base model factory equipped and winner(s) are also solely
responsible for any and all state or local license, title, registration,
cost differential between the value of the car and the cash alternate
prize, taxes, or fees associated with the vehicle, as well as insurance
(proof of which must be shown prior to delivery) and pickup or delivery
costs at the dealership as well as any non-standard options chosen by
the winner and negotiated with the dealership. All vehicles are subject
to availability at the automobile dealer selected by BGCMD and may be
substituted with a comparable vehicle by BGCMD or with the cash alternate
Vacation travel prizes are as described on the raffle website. Travel
is roundtrip from any continental US domestic airport. Travel is transferrable.
Travel arrangements are made between vacation prize winners and the travel
company hired by BGCMD. Travel must be used within one year of the BGCMD
purchase date. All gratuities, taxes and fees are the responsibility
of the winner and each vacation prize has a maximum value of no more than
five thousand dollars in total. Winners of travel related prizes must
comply with all applicable requirements and restrictions related to said
prizes including without limitation applicable travel dates, age restrictions,
liability waivers, travel documentation and reservation and confirmation
procedures. All vacations are subject to availability and may be substituted
with a comparable vacation prize selected by BGCMD or with the cash alternate
Non-Cash Prize Selection for Prizes Other than the Grand Prize. Within
45 days following any prize drawing that includes Non-Cash Prizes, the
Prizewinners selected must elect either the Non-Cash Prize or the Cash
Alternative Prize by giving notice to BGCMD and complying with the requirements
of the following section. If the Prizewinner fails to make an election
in the manner hereinafter provided or if the Prizewinner fails to comply
with the requirements regarding the award of non-cash prizes, then the
prize will be the Cash Alternative Prize. To elect any Non-Cash Prize,
the Prizewinner must give written notice (the “Election Notice”) to BGCMD
at 2017 West 9th Avenue, Denver, CO 80204, within 45 business days after
the applicable Drawing Date.
Prize Restrictions relating to prize vehicles. If selected, the prize
vehicle will be offered to the winner in “as is” condition, without warranty
of any kind, express or implied. The prize vehicle is non-assignable and
non-transferable. Winner is solely responsible for applicable taxes on
the prize vehicle and for all vehicle registration, license, title and
insurance fees, cost differential between the value of the car and the
cash alternative prize, as well as all costs associated with available
upgrade/option packages or equipment not provided with prize vehicle and
any other expenses related to the acceptance and use of the prize not
specified. Winner must take delivery of vehicle within 30 days of notice
of availability or prize may be forfeited. Winner must provide valid U.S.
driver's license and evidence of insurance prior to delivery. Vehicle
awarded may differ slightly from vehicle displayed in promotional materials.
BGCMD may add merchandise alternative prizes to any current prize. If
BGCMD adds alternative prizes, the winner may choose between the merchandise
alternative and the original cash prize advertised. BGCMD may add prizes
and additional drawings at any time. If additional drawings are added
with the approval of the State of Colorado Licensing Division, it is the
obligation of BGCMD to inform all purchasers of tickets, both past and
future, of these additions via email if an email is provided at the time
of purchase, or via mail if an email address is not provided at the time
Rules Applicable to All Ticket Buyers and All Prizewinners
BGCMD will make reasonable efforts to contact prizewinners using information
provided on the winning entry form. If a prizewinner does not contact
BGCMD within 30 business days after the first initial contact notifying
the prizewinner of their winnings, then BGCMD shall give notice to such
prizewinner by U.S. Postal Service certified mail, return receipt requested,
at the address set forth in the information provided by the Eligible Ticket
Purchaser. This notice shall state (a) the prize won, (b) a telephone
number of a contact person at BGCMD, (c) the time and location where the
prize(s) can be claimed, and (d) that if the prize has not been claimed
within 30 days of the date the notification is given, that BGCMD may,
at its option, retain the prize.
BGCMD will not award a prize if the prizewinner (a) was ineligible to
purchase a ticket or otherwise enter the Raffle, (b) provided materially
false or misleading information to BGCMD in connection with the purchase
of a raffle ticket, or (c) if participating in this Raffle or receiving
a prize is prohibited with respect to such person pursuant to these Rules
or Applicable Law. No other Raffle ticket will be substituted for a Raffle
ticket, and BGCMD will retain the prize. A Ticket Holder cannot assign
or transfer his/her interest in a Raffle ticket or a prize won by a winning
As a condition to being eligible to receive a prize, each prizewinner
must sign and deliver to BGCMD: (a) a sworn affidavit of eligibility under
these Rules and Applicable Law and satisfactory proof that he/she is the
person named on the winning entry; (b) a correct taxpayer identification
number (e.g., social security number, individual taxpayer identification
number, or employer identification number), (c) satisfactory proof that
the purchaser of the ticket was an Eligible Ticket Purchaser at the time
the ticket was purchased; (d) a publicity release, and (e) such other
matters as BGCMD may reasonably request, such as proof of identification
and proof of address to determine authenticity of individual claiming
a prize. If the holder of a winning ticket does not provide a correct
taxpayer identification number or otherwise comply with Applicable Law
or these Rules, then BGCMD may, at its option, disallow the award of the
prize to such Ticket Holder and retain the prize.
Winners of a Raffle prize authorize BGCMD to withhold all required amounts
and report the award of Raffle prizes in accordance with Applicable Law.
For cash prizes of $5,000 or more, BGCMD will (a) withhold and remit all
sums BGCMD is required to withhold in accordance with Applicable Law and
(b) remit the balance of the cash prizes to the winners.
With respect to non-cash prizes, Applicable Law requires that the winner
of a non-cash prize pay 25% of the fair market value of the prize to BGCMD,
which will remit such payment to the IRS. This amount may vary depending
upon Applicable Law. If the winner does not pay to BGCMD the amounts necessary
to comply with Applicable Law, then, at its option, BGCMD may award the
Cash Alternative Prize to the Prizewinner, assuming all other conditions
for award of a Prize have been met. Subject to the foregoing, Prizewinners
must pick up their prizes or arrange for delivery of their prizes, except
BGCMD will deliver cash prizes to prizewinners by U.S. mail, wire transfer,
or other mutually acceptable means.
Each Ticket Holder agrees his/her name, likeness, voice and city of residence
may be recorded by audio, video, or digital means and may be used in any
print, audio or visual media without notice or compensation for any purpose,
including related to this or any other BGCMD Raffle, or promotional materials.
Each Ticket Holder and each ticket buyer (a) agrees BGCMD, its directors,
officers, employees, agents, representatives and the home seller are not
responsible for any injuries, losses, or damages of any kind arising in
connection with, or as a result of, this Raffle and/or that person's failure
to win or redeem any prize, or that person's award of, acceptance of,
or use of, any prize; and (b) releases and agrees to indemnify, defend,
protect, and hold harmless BGCMD and the Home Owner (as that term is defined
in the “Additional Rules Applicable to the Grand Prizewinner If 50,000
Tickets Sold” section of these Rules) and their officers, directors, shareholders,
employees, agents, advertising agency, contractors, insurers, attorneys,
accountants, and affiliated entities from and against all losses, damages,
rights, claims, and actions of any kind arising in connection with, or
as a result of, this Raffle and/or that person's failure to win or redeem
any prize, or that person's award of, acceptance of, or use of any prize,
or that person’s failure to comply with Applicable Law; and (c) represents
and warrants to BGCMD that he/she has read and understands these Rules
and agrees to be bound by these Rules and BGCMD's decisions, which are
If there is a dispute of any kind regarding the award of a prize or the
conduct of the Raffle, BGCMD and all persons purchasing or holding a ticket
agree to arbitrate such dispute. Such dispute shall be decided by binding
arbitration in accordance with the rules of the American Arbitration Association
then in effect and shall be governed by the United States Arbitration
Act (9 U.S.C. §§ 1-16). While such arbitration is pending, BGCMD, in its
sole and absolute discretion, may deposit the prize with the then Clerk,
or acting Clerk, of the District Court of the City and County of Denver,
State of Colorado, interplead the parties hereto, and upon so depositing
such prize and filing its complaint in interpleader it shall be relieved
of all liability under the terms hereof as to the property so deposited.
By the purchase of a ticket, all persons purchasing or holding a ticket
(a) do submit themselves to the jurisdiction of said court and appoint
the then Clerk, or acting Clerk, of said court as their Agent for the
service of all process in connection with such proceedings and consent
to the arbitration of disputes between them.
Additional Rules Applicable to the Grand Prizewinner If 50,000 Tickets
As set forth above, if BGCMD sells 50,000 Raffle tickets, the Grand Prize
will be either (a) the Annuity Grand Prize, (b) the Residence Grand Prize
or (c) the Cash Grand Prize. Within 5 business days following the Grand
Prize Drawing Date, the Grand Prizewinner must elect the Cash Grand Prize,
the Residence Grand Prize, or the Annuity by giving written notice to
BGCMD and complying with the requirements of this section. If the Grand
Prizewinner fails to make an election in the manner hereinafter provided
or if the Grand Prizewinner fails to comply with the requirements of this
section regarding the award of the Residence Grand Prize, then the Grand
Prize will be the Cash Grand Prize.
To elect the Residence Grand Prize, the Grand Prizewinner must give written
notice (the “Election Notice”) to BGCMD at 2017 West 9th Avenue, Denver,
CO 80204, within 5 business days after the Grand Prize Drawing Date. In
order to be effective, Grand Prizewinner must (a) execute the Election
Notice, (b) specify the residence that the Grand Prizewinner elects as
the Residence Grand Prize, and (c) provide a written loan commitment or
other evidence (“Evidence of Withholding Compliance”) that is reasonably
satisfactory to BGCMD that the Grand Prizewinner has the financing or
funds available to comply with all federal and state income tax withholding
requirements (collectively, “Withholding Requirements”) or if the winner
does opt for the house and cannot afford the taxes as determined by BGCMD
or its agents, the cash option will be awarded instead.
BGCMD will award the Cash Grand Prize as the Grand Prize if (a) the Grand
Prizewinner elects the Cash Grand Prize, (b) the Grand Prizewinner does
not timely give the Election Notice, (c) the Grand Prizewinner either
does not timely deliver Evidence of Withholding Compliance or fails to
comply with the Withholding Requirements, (d) fails to execute the Residence
Conveyance Agreement (as defined below), or (e) fails to comply with the
requirements of the Residence Conveyance Agreement at the Residence Closing
(as defined below). If the Grand Prizewinner timely gives the Election
Notice and provides the Evidence of Withholding Compliance, then the owner
of the residence (the “Home Owner”) and the Grand Prizewinner will execute
an agreement (the “Residence Conveyance Agreement”) that will, among other
things, contain (i) a covenant that the Home Owner will convey the Property
Grand Prize to the Grand Prizewinner at a closing (the “Residence Closing”),
(ii) a covenant that, at the Residence Closing, BGCMD will fund the amount
due the Home Owner pursuant to a separate agreement between them regarding
the awarding of a residence as the Residence Grand Prize, (iii) a covenant
that the Grand Prizewinner will comply with the Withholding Requirements
by paying to the appropriate government agencies all amounts necessary
to satisfy the Withholding Requirements at the Closing, and (iv) other
covenants customarily contained in agreements utilized by the Home Owner
for the sale of residences similar to the Home.
If the Grand Prize Home is not available due to circumstances outside
of the control of BGCMD, as determined by BGCMD, the Grand Prize Winner
will instead have no election and will receive the Cash Grand Prize.
The Grand Prizewinner acknowledges that, pursuant to the agreement between
the Home Owner and BGCMD, BGCMD is obligated to fund the amount necessary
for the Home Owner to convey the Residence Grand Prize to the Grand Prizewinner
subject to the following at the Residence Closing: (a) the Grand Prizewinner
complies with the Withholding Requirements and (b) the Grand Prizewinner
pays from its own resources the cost of any change orders or upgrades
to the Residence Grand Prize that result in the amount due the Home Owner
for such conveyance exceeding the amount agreed upon by the Home Owner
and BGCMD for such conveyance. BGCMD makes no representations or warranties,
express or implied, regarding (a) the fair market value of the residence
or (b) any aspect of the construction, physical condition, suitability
for the Grand Prizewinner’s intended uses or purposes, zoning, value,
or otherwise relating to the Home.
Registration with the State of Colorado and Applicable Law
This Raffle is being conducted pursuant to Bingo-Raffles License # 2015-09068
issued to BOYS & GIRLS CLUBS OF METRO DENVER, INC., by the Colorado Secretary
of State’s Office, and is being conducted in accordance with the applicable
provisions of the Colorado Constitution (Section 2 of Article XVIII),
Colorado's Bingo and Raffles Law (Colorado Revised Statutes, Title 12,
Article 9, Sections 101 to 301), and Colorado's Rules Covering and Regulating
Bingo/Raffles (8 CCR 1505-2).
The Raffle is subject to these Rules, the laws of the State of Colorado,
and Applicable Law. If there is a conflict between these Rules and the
laws of the State of Colorado, the laws of the State of Colorado shall
govern. BGCMD 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 Colorado and Applicable Law. This Raffle is void where
prohibited by law. These rules are copyrighted proprietary materials and
may not be copied, reproduced, or used in whole or part in any manner.
For information or inquiries about this Raffle, contact firstname.lastname@example.org.