2017 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 5, 2017 (the “Grand Prize Drawing Date”). The final ticket purchase deadline for entry is April 21, 2017 (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.
All drawings are open to the public, but the winner need not be present to win.
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 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.
If a ticket is purchased by an Eligible Ticket Purchaser who designates another person as the Ticket Holder, then that person 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. In addition, BGCMD board members 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 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 Ticket Purchaser 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.
For all drawings, 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 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.
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 Drawing.
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. Following the drawing for the 2nd prize, the Multi-Ticket Drawing and the 50/50 Add-On Drawing will occur. The drawing event will then conclude with the drawing of the Grand Prize.
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. Any changes to the drawings will be posted on www.MileHighRaffle.com and purchasers will be notified by email. 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.
Any Ticket Holder 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.
Prize: Winner will be awarded half the jackpot of the 50/50 bonus drawing.
50/50 Add-On Tickets are one for $10, 5-pack for $25 or 15-pack for $50.
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 overall odds of winning one of the 2,750 prizes is 1 in 20. 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.
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.
* Except as stated below
MULTI-TICKET BUYER PRIZE(S) (awarded at Grand Prize Drawing):
50/50 ADD-ON DRAWING PRIZE (awarded at Grand Prize Drawing):
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 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 prize.
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 Colorado Secretary of State’s Office, 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 of purchase.
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 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 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 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 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.
This Raffle is being conducted pursuant to Bingo-Raffles License # 2017-11415 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.