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 Adventure 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 October 7, 2016 (the “Grand Prize Drawing Date”). The final ticket purchase deadline for entry is September 23, 2016 (the “Final Ticket Purchase Deadline”). Only 5,000 tickets will be sold. As set forth in the “Prize” section below, the number of tickets sold determines the Grand Prize that BGCMD will award.
The Grand Prize Drawing is open to the public, but the winner need not be present to win.
Raffle tickets cost $100 each, 3-packs for $250, or 5-packs for $375.
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 transaction. 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 Ticket Holders.
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. Tickets may be purchased as gifts for people under 18 years of age (“minors”), but minors may not purchase tickets. If a ticket is purchased by an Eligible Ticket Purchaser who designates a minor or person otherwise under a legal incapacity as the Ticket Holder, then, if that ticket is a winning ticket, then BGCMD reserves the right to require appropriate acknowledgements, approvals, and consents of such person's conservator, guardian, or parent as a condition to the award of the prize to such person. BGCMD employees and immediate family members in the same household and BGCMD Board of Directors 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.
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 Adventure 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 and payment should be received at the time of the ticket order.
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 email or mail unofficial raffle tickets as receipts for ticket purchases to the person named on each Raffle ticket entry form within two 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.
All Raffle ticket sales are final. BGCMD will make no refunds 1except under the following circumstances: BGCMD will return any payment that BGCMD receives after (a) it has sold 5,000 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 ticket under the supervision of BGCMD’s certified games manager(s). The Drawing will be open to the public, but winners need not be present to win.
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. The Raffle winner will be posted on www.MileHighRaffle.com. The BGCMD Certified Games Manager(s) is the final authority in the event of any disputes regarding any of the drawings.
At the Grand Prize Drawing, tickets will be drawn starting with the 50/50 Add-On Drawing and then a Raffle ticket will be drawn for prizes in reverse chronological order, beginning with the lowest level prize and ending with the Grand Prize.
The odds of winning the Grand Prize will depend on the number of tickets sold. If BGCMD sells all 5,000 tickets, the odds of winning a prize are 1 in 416 and the odds of winning the Grand Prize are 1 in 5,000. The chance of winning the Grand Prize will vary based upon the number of tickets sold, and if BGCMD sells less than 5,000 tickets or adds additional drawings or prizes, the chance of winning a prize will increase.
GRAND PRIZE DRAWING: Purchase Deadline: September 23, 2016. Drawing: October 7, 2016, 11:00 a.m., J. Churchill Owen Boys & Girls Club, 3480 W. Kentucky Ave., Denver, CO. 1st Prize: Winner's choice between Car 1, Car 2 or $75,000, cash.
Grand Prize If 3,000 Tickets Sold: If BGCMD sells 3,000 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 $75,000 (the “Cash Grand Prize”), or (b) : Winner's choice between Range Rover Sport or BMW M4 (the “Vehicle Grand Prize”). The manner in which the Grand Prizewinner elects the Cash Grand Prize, or the Vehicle Grand Prize, is set forth below in the “Additional Rules Applicable to Grand Prizewinner” section of these Rules.
Grand Prize If Less Than 3,000 Tickets Sold: If BGCMD sells less than 3,000 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 Prize winner will receive a choice between sum equal to 50% of the Net Raffle Proceeds paid as an annuity over 20 years, not to exceed $95,000 or a onetime cash payment of 70% of the annuity value, not to exceed $75,000. 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.
The value of all vehicles is not to exceed $75,000. The winner is 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 prize.
Vehicle Prizes: 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 prize.
Vacation Prizes: Vacation travel prizes are as described on the raffle website. Travel is roundtrip from any continental US domestic airport where noted. 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. 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 prize.
Non-Cash Prize Selection for Prizes Other than the Grand Prize: Within 30 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 30 business days after the applicable Drawing Date.
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. 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 by email. If no email address is provided, BGCMD will follow up by sending notification to the mailing address that is provided at the time the ticket order was placed.
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 thirty 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 Raffle ticket.
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 Holder at the time the ticket was purchased; and (d) 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 Winning 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 vehicle 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 Vehicle seller (as that term is defined in the “Additional Rules Applicable to the Grand Prizewinner If 3,000 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 final.
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.
As set forth above, if BGCMD sells 3,000 Raffle tickets, the Grand Prize will be either (a) the Vehicle Grand Prize or (b) the Cash Grand Prize. Within 10 business days following the Grand Prize Drawing Date, the Grand Prizewinner must elect the Cash Grand Prize, or the Vehicle Grand Prize 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 Vehicle Grand Prize, then the Grand Prize will be the Cash Grand Prize.
To elect the Vehicle Grand Prize, the Grand Prizewinner must give written notice (the “Election Notice”) to BGCMD at 2017 West 9th Avenue, Denver, CO 80204, within 10 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 Vehicle 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 vehicle 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. If the Grand Prize Vehicle 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.
This Raffle is being conducted pursuant to Bingo-Raffles License # 2016-10239 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 email@example.com.