Official Rules for the 2021 Wentzville High School Band Boosters Car Raffle
OFFICIAL RULES: By participating in the Wentzville High School Band Boosters Car Raffle (the “Raffle”) held the Wentzville Band Showcase on October 26, 2021, each participant (“Participant”) agrees to be bound by these “Official Rules” and by the decisions of the Wentzville High School Band Boosters (collectively, the “Rules”), and the Rules shall be binding and final as to all matters related to the Raffle. The Raffle is subject to all applicable federal, state, and local laws.
SPONSOR: Wentzville High School Band Boosters (“Sponsor”), Non-profit Tax ID Numbers and addresses are as follows;
Wentzville Holt Band: 43-1252541
600 Campus Dr.,
Wentzville, MO 63385
Wentzville Liberty Band: 46-5591282
2275 Sommers Rd.,
Lake Saint Louis, MO 63367
Wentzville Timberland Band: 47-0880278
559 East Hwy N
Wentzville, MO 63385
PROCEEDS: One hundred percent (100%) of the revenue from the Raffle will benefit Sponsor, a Missouri non-profit corporation and tax-exempt Section 501(c)(3) non-organization, and the programs that Sponsor supports. These programs aim to support the Wentzville High School Marching Band.
PRIZES (MAXIMUM ONE WINNER PER DRAWING): There will be a maximum of one (1) winning Raffle ticket (“Official Winner”) selected during the Drawing (as hereinafter defined), and the Official Winner of the Drawing will, subject to the Rules, be awarded a either a choice of the following: 2021 Jeep Cherokee Latitude, a 2022 Kia K5, or a cash prize of twenty-thousand and 00/100 dollars ($20,000.00) (the “Prize”). The Official Winner will make, in their sole determination, the election of the Prize the Official Winner receives.
Released parties (as hereinafter defined) (a) make no warranty, guaranty, or representation of any kind concerning any Prize, and (b) disclaim any implied warranty. The Prize cannot be assigned, transferred, substituted, or redeemed for cash or credit, except in the sole discretion of Sponsor. Odds of winning depend on the number of tickets sold during the Promotion Period. In the event that Sponsor does not sell two thousand five hundred (2,500) tickets, Sponsor may, in its sole discretion, elect not to award the Prize and instead to convert the Sweepstakes to a 50/50 Sweepstakes. If so converted, the Winner will receive the alternate Prize of fifty percent (50%) of the ticket sales for the Sweepstakes or five thousand dollars ($5,000.00), whichever amount is greater.
ELIGIBILITY TO ENTER: During the dates and times and other details specified below,
Raffle tickets MAY BE PURCHASED ONLY BE PERSONS 18 YEARS OF AGE OR OLDER in accordance with the Rules. Raffle tickets may NOT be purchased by anyone under the age of eighteen (18), regardless of location or method of purchase. The Raffle ticket sales are exclusively sold in the State of Missouri at the following website address:
https://rafflecreator.com/pages/50120/wsd-high-school-bands-annual-car-raffle. The Raffle is void outside of the State of Missouri and wherever prohibited by law.
The following persons are NOT ELIGIBLE to participate in the Raffle or to win any Prize (collectively, the “Ineligible Parties”): the board of directors and any family (son, daughter, grandparent, aunt, uncle) living with a board member would not be eligible (those persons, whether related or not, who live in the same residence for at least three months during the twelve-month period preceding the date of the Drawing).
ENTRY: Participants may enter the Raffle by purchasing Raffle tickets at the following website address:
https://rafflecreator.com/pages/50120/wsd-high-school-bands-annual-car-raffle. The prices of the Raffle tickets shall be as determined by Sponsor. For purposes hereof, the “Raffle Period” shall mean the period beginning at 9:00 AM CST on July 19, 2021 and ending at 3:00 PM CST on October 22, 2021.
RAFFLE TICKETS ARE NONDEDUCTIBLE: No portion of the Raffle ticket price may be deducted as a charitable contribution for federal income tax purposes.
DRAWING: Winning Raffle tickets will be selected in a random computer generated drawing from among all eligible Entries (as hereinafter defined) received (i.e., Raffle ticket purchases) (the “Drawing”).
As determined by Sponsor in its discretion, the Drawing will be held during the following (the “Event”): At the Wentzville Band Showcase to be held on October 26, 2021. In case the Event is postponed for any reason, the Drawing will be held within thirty (30) days of October 26, 2021. The Drawing will be held at such time during the Event as determined by Sponsor. If for any reason whatsoever the Drawing cannot be held during the Event, Sponsor will determine the drawing date and time at Sponsor’s discretion. The winning Raffle ticket number will be announced by Sponsor during the Event or as otherwise determined by Sponsor. The winning Raffle ticket number will also be posted on the following websites;
http://wsdlibertyband.com,
http://holtbands.org, and
http://thsbands.org within 24 hours of the Drawing and will remain posted on the WEBSITE for thirty (30) calendar days after the date of the Drawing for which the winning Raffle ticket number was selected (the “Prize Claim Period”). As provided below under “NOTIFICATION OF POTENTIAL WINNERS,” each Potential Winner (as hereinafter defined) will have thirty (30) calendar days from the date of the Drawing to claim his or her Prize. A Potential Winner will be disqualified from the Raffle and not entitled to receive a Prize if he or she does not present the winning ticket to Sponsor within the Prize Claim Period. Prizes that would have been given to the disqualified Potential Winner if not for the disqualification shall remain the property of Sponsor to use for charitable purposes. Sponsor shall have no obligation to contact any Potential Winner to claim a Prize.
NOTIFICATION OF POTENTIAL WINNERS:
EACH POTENTIAL WINNER MUST CONTACT SPONSOR DIRECTLY TO BEGIN THE PROCESS REQUIRED TO CLAIM HIS OR HER PRIZE WITHIN THE PRIZE CLAIM PERIOD BY SENDING AN EMAIL CONTAINING THAT POTENTIAL WINNER’S CONTACT INFORMATION TO: [email protected] DURING THE PRIZE CLAIM PERIOD TO MAKE ARRANGEMENTS SO SPONSOR MAY INSPECT AND VERIFY EACH POTENTIAL WINNER’S RAFFLE TICKET AND OTHER INFORMATION. A POTENTIAL WINNER’S FAILURE TO FOLLOW ANY OR ALL OF THE REQUIREMENTS CONTAINED IN THESE RULES SHALL RESULT IN THE DISQUALIFICATION OF SUCH POTENTIAL WINNER. IN THE EVENT OF DISQUALIFICATION OF A POTENTIAL WINNER, THE PRIZE SHALL CONTINUE TO REMAIN THE PROPERTY OF SPONSOR.
DETERMINATION OF ANY OFFICIAL WINNER: Sponsor shall have the sole discretion to determine whether a Participant with a winning Raffle ticket (“Potential Winner”) is an Official Winner of a Prize. Sponsor’s decision concerning the identity of all Official Winners shall be final and binding. To become an “Official Winner”: (1) a Potential Winner must be eligible to participate in the Raffle under the Rules and must not be in violation of the Rules as determined in Sponsor’s sole judgment; (2) that Potential Winner must have a winning Raffle ticket and must contact Sponsor by the deadline specified above under “NOTIFICATION OF POTENTIAL WINNERS”; (3) that Potential Winner’s winning Raffle ticket must be inspected and verified in person by Sponsor by the deadline specified above; (4) that Potential Winner must execute and return to Sponsor an affidavit of eligibility on a form to be provided by Sponsor and provide all tax identification information and other information and documents required by federal, state, or local law or otherwise requested by Sponsor; and (5) where applicable, provide Sponsor with payment for any required withholding taxes due prior to that Potential Winner’s receipt of the Prize. If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if Sponsor is unable for any reason to identify or contact a Potential Winner, then that Potential Winner will be disqualified, and the Prize will continue to remain the Property of Sponsor to sue for charitable purposes.
Sponsor shall use the following rules to determine the identity of any Potential Winner and of the Official Winner of the Prize: Sponsor shall conclusively presume that the person who is in possession of that Raffle ticket is the lawful owner of that Raffle ticket and that ticket’s winning number, and Sponsor shall not make, nor have any duty to make, any inquiry whatsoever into the circumstances under which that person came into possession of such winning Raffle ticket. In the unlikely event that an error or problem in the administration of the Raffle results in two (2) or more Raffle ticket purchasers holding winning Raffle tickets that contained identical ticket numbers, then the person who has record of the earliest ticket purchase shall be deemed to hold the winning Raffle ticket.
AWARD OF PRIZE TO OFFICIAL WINNER: A Prize will be awarded to the Potential Winner who has been designated by Sponsor as an Official Winner. The Prize will be arranged to be picked up from Sponsor within thirty (30) business days of Official Winner delivering a winning Prize Raffle ticket, along with a valid driver’s license, and a copy of valid car insurance to a representative of Sponsor as described above. The Official Winner will be required to sign IRS form 5754 and Sponsor will collect Federal Income Tax Withholdings as required by law on prizes with a fair market value over five thousand dollars ($5,000.00). Currently, that rate is twenty-four percent (24%). Winners will be required to execute an Affidavit of Eligibility, a Release, and Indemnification Agreement, and to retrieve the prize at Winner’s sole cost and expense. In the event of noncompliance with these Rules or any of the conditions set forth herein, the winning prize will be forfeited and no winner will be named.
TAXES: Sponsor may withhold for all applicable taxes as permitted or required by law, but all applicable federal, state, and local income taxes shall be the sole responsibility of the Official Winner. The taxable value of the Prize will be reported as taxable income to the Official Winner for federal and state income tax purposes.
**GENERAL CONDITIONS:** The Released Parties (defined below under “RELEASE OF LIABILITY”) are not responsible for: (1) entries or Raffle tickets (collectively, “Entries”) which are stolen, lost, damaged, illegible, given away or no longer in the purchaser’s possession; (2) Entries that have been or may have been tampered with or re-sold in violation of these Official Rules; (3) Entries or payments that are delayed, misdirected undelivered, not fully captured, or garbled as a result of any failure or problem whatsoever with the availability, functionality, operability, or use of any network, server, ISP, website, computer, telephone, cable, or satellite modem or connect, hand held mobile device or any other computer equipment or connection, whether or not caused by site users, tampering, hacking, or by viruses, worms, or malfunctions affecting a network, server ISP or any equipment or programming used in or associated with the Raffle; (4) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, which relate to or are connected with the Raffle (collectively, as described in clauses (1) through (4), “Errors”), including without limitation Errors in Raffle-related materials or in the administration of the Raffle, such as Errors in processing Entries, identifying Potential Winners, determining Official Winners, or announcing or delivering the Prize; or if any portion of the Raffle is compromised, in Sponsor’s sole judgment, corrupt or impair the administration, security, fairness or proper play of the Raffle, or the proper submission or capture of Entries (collectively, a “Compromising Event”), then Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Raffle, and to select a Potential Winner from among all eligible, non-suspect Entries received before the known occurrence or discovery of such Compromising Event. All Entry purchases shall be final, and no refunds or replacements will be issued by Sponsor. Sponsor has sole and final decision on admissibility of Entries and the determination of Prize Official Winner. This Raffle shall be governed and construed according to the laws of the States of Missouri, without regard to the principles of conflicts of law, and submission of an Entry constitutes acceptance of such laws. All federal, state and local laws and regulations apply. This Raffle is void where prohibited or restricted by law and subject to all federal, state and local laws and regulations. By entering this Raffle, Entrants agree to be bound by these Official Rules, and the decisions of the Sponsor are final and binding in all respects. All taxes (including applicable federal, state and local taxes), fees, costs of delivery/transportation, and surcharges on prizes are the sole responsibility of the Official Winner. By participating and accepting a prize, so long as there is no legal prohibition, Official Winner agrees to the use of his or her name for advertising or publicity purposes and to the use of statements made by or attributed to him or her relating to Sponsor or this promotion, and releases any and all rights to said use without further compensation.
RELEASE OF LIABILITY: Participants, by participating in the Raffle, agree that Sponsor, Wentzville High School, and each of its affiliates, subsidiaries, partners, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, shareholders, managers, members, contractors, volunteers, licensees, consultants, and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and shall be held harmless by Participants against, any liability for injuries, losses, cost, expenses or damages of any kind, including damages for death, personal injury, property damage or property loss, or other harm arising from or in connection with, whether in whole or in party or directly or indirectly, this Raffle or the acceptance, possession, misuses or use of any Entry or Prize, the Rules and their application thereof, all means of Raffle ticket sales, Raffle process, and/or winning Raffle ticket selection.
**Publicity Release:** Each Official Winner, by accepting his/her Prize, grants Sponsor and Sponsor’s designees and affiliates, including Sponsor and Wentzville High School, full permission to use that Official Winner’s name, address (city and state) photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation and without notice, review or approval, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity.
COPYRIGHT: All Raffle materials are copyrighted by Sponsor, and may not be copied, reproduced or used for any purpose without Sponsor’s express prior written consent.
GOVERNING LAW; SEVERABILITY: The Raffle and the Rules shall be subject to and governed by the laws of the State of Missouri, and any litigation brought by any Participant shall be subject to the exclusive jurisdiction of St. Charles County, State of Missouri. As a condition of entering the Raffle, each Participant agrees that (1) any and all disputes, claims, controversies, or causes of action arising out of or relating to the Raffle, or any prize awarded (each, a “Claim”), shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party; and (2) under no circumstances will such Participant be permitted to obtain awards for, and such Participant hereby waives all rights to claims, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. If a court of competent jurisdiction finds that any provision of the Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of the Rules, and the application of all of the Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. DEPOSITING RAFFLE TICKETS OR RELATED MATERIALS IN THE FEDERAL MAILS IS A VIOLATION OF FEDERAL LAW AND COULD LEAD TO CRIMINAL PENALTIES.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE RAFFLE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS A VIOLATION OF THESE RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY, AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW FROM, ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT.
