Boys & Girls Clubs of Greater Conejo Valley, Inc. Grand Prize: 2018 Twin Vee Ocean Cat 225 Power Catamaran Boat and Trailer Official 2017 Raffle Rules 1. Official Raffle Rules. These are the Official 2018 Twin Vee Ocean Cat 225 Power Catamaran and Trailer Raffle Rules (the Twin Vee Ocean Cat 225 Raffle ) sponsored by the Boys & Girls Clubs of Greater Conejo Valley, Inc. (the Charity ) (hereafter the Official Raffle Rules ). 2. Grand Prize. The Grand Prize to be awarded is based upon the number of Raffle Tickets purchased. If 850 or more Raffle Tickets are purchased, at the option of the Grand Prize Winner, the Grand Prize will be either (a) a new 2018 Twin Vee Ocean Cat 225 Power Catamaran (HIN TVG22153G718), with two Suzuki Model DF115A 115 bhp outboard motors (Serial Nos. 11503F and 11503Z) with a Twin Vee PowerCats Magic Tilt 220 Trailer with brakes (VIN 1M5BA2218G1E18867), which was only used once to deliver the boat (collectively, Ocean Cat 225 ) or (b) $50,000 in cash. The Grand Prize Ocean Cat 225 has an appraised fair market value of $82,000. The boat, motors and trailer were generously donated by Guy Newman of St. Augustine, Florida. However, if 849 or fewer Raffle Tickets are purchased, the Grand Prize will be equal to 50% of the gross proceeds from the purchase of Raffle Tickets, but not to exceed $50,000. 3. Eligibility. The Twin Vee Ocean Cat 225 Raffle is open to any U.S. resident 18 years or older, except for the Board of Governors, officers and employees of the Charity, its independent fundraising consultants, marketing and advertising agencies, accountants and attorneys, the donor, the qualified appraiser, and any of their household members ( Eligible Person ). Each Eligible Person who enters the Twin Vee Ocean Cat 225 Raffle is a Contestant. Boys & Girls Clubs of Greater Conejo Valley, Inc. 1
4. Sponsor of Raffle. The Twin Vee Ocean Cat 225 Raffle is sponsored by the Charity, which is located at 30343 Canwood Street, Suite 200, Agoura Hills, California 91301. The Charity is tax exempt under Section 501(c)(3) of the Internal Revenue Code and the comparable provisions of California law. Contributions to the Charity are deductible in accordance with applicable law. 5. Agreement to Abide By Official Raffle Rules. By purchasing a Raffle Ticket for the Twin Vee Ocean Cat 225 Raffle in accordance with Section 7, the Contestant fully and unconditionally accepts the Official Raffle Rules and agrees to perform all conditions and obligations required by them. Each Contestant acknowledges that winning the Grand Prize is contingent upon performing all such conditions and obligations. 6. Twin Vee Ocean Cat 225 Raffle Period. The Twin Vee Ocean Cat 225 Raffle period begins on August 1, 2017 and ends 12:00 noon PST Friday, November 17, 2017 ( Raffle Period ). 7. How to Enter. Any Eligible Person may enter the Twin Vee Ocean Cat 225 Raffle by obtaining an official numbered raffle ticket ( Raffle Ticket ) from the Charity during the Raffle Period. No Raffle Tickets will sold by the Charity after 12:00 noon PST Friday, November 17, 2017. Raffle Tickets may be obtained in the following manner: (1) by visiting the Charity s website, www.bgcconejo.org, downloading the Twin Vee Ocean Cat 225 Raffle Ticket Order Form, and submitting it by regular mail with sufficient postage, returning it by fax to 818-706- 0942, or personally delivering it to the Charity at Boys & Girls Clubs of Greater Conejo Valley, Inc., Attn: Twin Vee Ocean Cat 225 Raffle Drawing, 30343 Canwood Street, Suite 200, Agoura Hills, CA 91301; (2) by calling the Charity at (818) 706-0905 to request that an official Ticket Order Form be mailed and/or faxed to you, and submitting the completed form as described in (1) above; or (3) by completing the Ticket Order Form picked up from the Charity s office or which is contained in the Twin Vee Ocean Cat 225 Raffle promotional materials, and submitting the completed form as described in (1) above. No Raffle Tickets will be provided unless accompanied by the Payment required in Section 8. Boys & Girls Clubs of Greater Conejo Valley, Inc. 2
The Charity will process each Ticket Order Form accompanied by Payment in the same manner by, at its option, sending the Contestant the Raffle Ticket Numbers by mail or email to the address provided by the Contestant. 8. Purchase of Raffle Tickets. The Twin Vee Ocean Cat 225 Raffle is a fundraiser for the Charity. Single Raffle Tickets may be purchased for $100.00 each to the Charity payable in cash, check or credit card. Raffle Tickets may also be purchased in packs of three (3) for $250.00, or five (5) for $400.00. Raffle Tickets purchased with dishonored checks or credit card payments will be automatically treated as void without notice to the purchaser or right of correction. The odds of winning the Grand Prize depend on the number of Raffle Tickets issued and received. All sales are final and no refunds will be made under any circumstance. A Raffle Ticket is not transferrable or assignable from its purchaser to any other person. Each ticket must be purchased by only one person -- people may not "split" or "share" individual tickets. Raffle Ticket purchases are not donations and are not tax deductible. 9. Winner Need Not Be Present to Win. The Grand Prize Winner of the Twin Vee Ocean Cat 225 Raffle does not need to be present at the drawing to win. If the Grand Prize Winner is not present at the drawing, first the Charity will make a reasonable effort to contact the Grand Prize Winner by telephone and/or email. If unsuccessful after efforts to contact for five business days, the Charity will notify the Grand Prize Winner in writing by sending a notification to the Contestant by U.S. Mail, certified, return receipt requested, to the address provided by the Contestant. If Charity is not contacted within 10 calendar days from the date of the mailed notice, the Grand Prize Winner will forfeit the Grand Prize. 10. Selection of Grand Prize Winner. One Grand Prize Winner will be selected from all Contestants as follows: The winner will be chosen on November 18, 2017 at 6:00 PST at the Lake Sherwood Country Club, 320 West Stafford Road, Thousand Oaks, CA 91361 by randomly selecting one Raffle Ticket from among all Raffle Tickets obtained in compliance with these Official Raffle Rules. Boys & Girls Clubs of Greater Conejo Valley, Inc. 3
The Contestant owning the selected Raffle Ticket will be deemed the Grand Prize Winner. The drawing will be held as scheduled, regardless of the number of Raffle Tickets sold. The Grand Prize Winner selection result is final. For the name of the Contestant who won the Grand Prize, please visit our website at www.bgcconejo.org. The Grand Prize Winner will be posted on or about November 27, 2017. 11. Grand Prize Winner Obligations. The Grand Prize does not include any applicable sales, income or any other taxes; license, title, registration or any other fees; delivery or transportation costs; or any other costs associated with the winning and use of the Grand Prize. Any and all such costs are the responsibility of the Grand Prize Winner. The Grand Prize Winner must also promptly provide the Charity with a copy of their Social Security card or Tax Identification Number card, and a copy of their valid driver s license, or other identification satisfactory to the Charity, and must sign all required transfer, tax and other forms to effect the transfer of the Grand Prize and the reporting of that transaction to the appropriate federal and state authorities. The Grand Prize is non-transferable and non-refundable and must be accepted as awarded in asis, where-is, with all faults condition. The Charity makes no representation or warranty of any kind or character, expressed or implied, concerning the Grand Prize. 12. Tax Withholding for Grand Prize. The Internal Revenue Service requires the Charity to withhold federal income taxes upon delivery of the Grand Prize to the Grand Prize Winner. The amount to be withheld will be based upon (a) the fair market value of the Twin Vee Ocean Cat 225 and trailer shown on a signed IRS Form 8283, less the cost of the winning Raffle Ticket; or (b) the amount of the cash prize, less the cost of the winning Raffle Ticket. The withholding amount will be paid in one of two ways at the option of the Grand Prize Winner: (a) The Grand Prize Winner pays to the Charity 28% of (i) the fair market value of the Grand Prize shown on the IRS Form 8283, less the cost of the winning Raffle Ticket, or (ii) the amount of the cash prize. If the Grand Prize Winner is a nonresident alien or foreign entity, the withholding percentage to be paid by the Grand Prize Winner is 30%; or (b) The Charity pays 33.33% of (i) the fair market value of the Twin Vee Ocean Cat 225 and trailer, less the cost of the winning Raffle Ticket, or (ii) the amount of the cash prize. With Boys & Girls Clubs of Greater Conejo Valley, Inc. 4
this alternative, the amount paid by the Charity increases the amount of the income received by the Grand Prize Winner which is reported to the IRS. The Grand Prize Winner will have 30 calendar days after the drawing to pay all required taxes to the Charity, take delivery of the Grand Prize, and satisfy all other requirements of these Official Raffle Rules and all other legal requirements. If the Grand Prize is not redeemed by that date, or if the Grand Prize Winner does not otherwise satisfy all requirements by that date, then the Grand Prize is automatically forfeited and the Charity will select a new Grand Prize Winner at random from all remaining Raffle Tickets. The Charity will repeat this selection process until a Contestant is selected who complies with all Official Raffle Rules. 14. Certificate of Eligibility and Liability/Publicity Release. To receive the Grand Prize, within 30 days after the drawing, the Grand Prize Winner must sign a Certificate of Eligibility and Liability/Publicity Release, (the Release ). If the Grand Prize Winner fails to sign and return the Release to the Charity, or otherwise fails to meet the requirements of these Official Raffle Rules, then the Grand Prize is automatically forfeited and the Charity will select a new Grand Prize Winner. 15. Publicity. Acceptance of the Grand Prize constitutes permission for the Charity and/or its designees to use the Grand Prize Winner s name, hometown, photograph or other likeness, testimonial, and/or Grand Prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the Grand Prize Winner, to the extent permitted by law. 16. General Conditions. The Charity will conduct the Twin Vee Ocean Cat 225 Raffle in compliance with all applicable federal, state, and local laws; and the Twin Vee Ocean Cat 225 Raffle is void where prohibited or restricted by law. The Charity reserves the right to cancel, suspend, and/or modify the Twin Vee Ocean Cat 225 Raffle if any fraud or other problem corrupts the administration, security, or proper operation of the Twin Vee Ocean Cat 225 Raffle, as determined by the Charity in its sole discretion. In such event, the Charity reserves the right Boys & Girls Clubs of Greater Conejo Valley, Inc. 5
to award the Grand Prize according to the Selection of Grand Prize Winner criteria from among the eligible Raffle Tickets received as of the date of impairment. The Charity reserves the right to disqualify any individual it determines, in its sole discretion, has tampered or intends to tamper with the Raffle Ticket process or the operation of the Twin Vee Ocean Cat 225 Raffle, or is acting in violation of these Official Raffle Rules or in an unsportsmanlike or disruptive manner. Any attempt to deliberately undermine the legitimate operation of the Twin Vee Ocean Cat 225 Raffle may be a violation of criminal and civil law, and, should such an attempt be made, the Charity reserves the right to seek damages, including attorneys fees, costs and litigation expenses from any such person to the fullest extent permitted by law. The Charity s delay or failure to enforce any term or provision of these Official Raffle Rules shall not constitute a waiver of that term or provision. 17. Release. Except where prohibited, each Contestant agrees to release and hold harmless the Charity, and its officers, directors, employees, and agents (the Released Parties ) from and against any claim or cause of action arising out of participation in the Twin Vee Ocean Cat 225 Raffle or the receipt or use of any prize. 18. Limitations of Liability. Except where prohibited, each Contestant agrees that the Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by a Contestant or printing errors; (b) unauthorized human intervention in any part of the Twin Vee Ocean Cat 225 Raffle; (c) technical or human error that may occur in the administration of the Twin Vee Ocean Cat 225 Raffle or the processing of entries; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Contestant s participation in the Twin Vee Ocean Cat 225 Raffle or receipt of or use of any prize. 19. Disputes. Except where prohibited: (a) any and all disputes, claims, and causes of action arising out of or connected with the Twin Vee Ocean Cat 225 Raffle or any prize awarded there under, other than the administration of the Twin Vee Ocean Cat 225 Raffle or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with the Twin Vee Ocean Boys & Girls Clubs of Greater Conejo Valley, Inc. 6
Cat 225 Raffle shall be resolved in Ventura County, State of California; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Twin Vee Ocean Cat 225 Raffle, but shall not include attorney s fees or costs; and (d) under no circumstances will a Contestant be permitted to obtain punitive damages, incidental or consequential damages, or any other damages except as provided by this Section, and any rights to have damages multiplied or otherwise increased is waived by the Contestant. These Official Raffle Rules shall be interpreted in accordance with California law. Boys & Girls Clubs of Greater Conejo Valley, Inc. 7