The Children’s Rehabilitation Foundation of Variety Club of Buffalo, Inc. (“VC”) Mercury Restomod Raffle (“Raffle”) begins on March 22, 2021 and ends on September 21, 2021 (“Raffle Period”). The New York License to Conduct Games of Chance number is 14-217-199-02528. The raffle drawing is September 21, 2021 at approximately 8 PM (EST) at the Variety Clubhouse, 6114 Broadway, Lancaster, NY 14086. The grand prize is a 1950 Mercury Restomod, VIN 50DA14456M, appraised at seventy five thousand ($75,000) dollars. Delivery of the vehicle is at Lancaster, NY. All proceeds shall benefit the mission of the Variety Club of Buffalo, focusing on providing essential services and meaningful experiences to children living with illness, disability, or disadvantage. Tickets may be purchased by mail, internet, phone, or in person. The prize winner will be listed on the Variety Club of Buffalo Facebook page and/or raffle website on or about September 21, 2021. The Raffle is void where prohibited by law.
- RAFFLE ELIGIBILITY
All person’s age 18 and over are eligible to win. Members of the Variety Club, as well as their family members, can purchase tickets and have a chance to win. Winner need not be present to win.
- DETAILS OF RAFFLE ENTRY & PARTICIPATION
Raffle tickets (“Tickets”) cost twenty ($20) dollars each or six for one hundred ($100) dollars. The ticket purchase price does not qualify as a charitable contribution. Raffle personal checks should be made out to “Variety Club”. Internet and mailed entries and payment must be received by VC no later than 5:00 PM (EST) on September 21, 2021. All entries must include payment by personal check, bank check, money order, or credit card payment. For credit card purchases, the Entrant must provide the full name, billing address, and telephone number of the cardholder and the credit card number, expiration date, and security code. No refunds will be issued, except as otherwise determined by VC in its sole discretion. Entrants may purchase as many tickets as they wish. Tickets are non-transferable and can only be in the name of one (1) individual Entrant. Entrants may not sell, donate, or otherwise transfer their Ticket(s) to anyone. Prizes will not be issued to anyone other than the one (1) Entrant whose name is on the Entry Form. VC reserves the right to disqualify false entries or entries suspected of being false, and any illegible, defective, incomplete, or physically altered Entry Forms and entries that do not include valid or complete payment. VC is not responsible for printing errors in any Raffle-related material, or for lost, late, misdirected or non-delivered mail or corrupt internet messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. All entries become the property of VC and will not be returned. VC reserves the right to withdraw this offer at any time.
The prize is a 1950 Mercury Restomod. The winning Entrant must make a payment of tax, equivalent to the required tax withholding based on the fair market value of the Vehicle, as required by the Internal Revenue Service, to VC in full in the form of money order or bank check no later than thirty (30) days after the drawing. The Vehicle is provided “as is” with no guarantees or warranties from VC. Winning Entrant is subject to relevant federal, state and local taxes and other expenses. The Winning Entrant is also responsible for costs of title, tax, license and registration fees, as well as transport of the vehicle and any costs involved in its transport and or storage. Any other fees in connection with the Vehicle are the sole responsibility of the winning Entrant.
Entrant whose ticket number is drawn at the Drawing will be deemed the winner of the prize. Selected Entrant will be notified by email, telephone, and/or U.S. Mail using the information provided on the Entry Form or to the operator (Notification). If Selected Entrant cannot be located, or fails to return attempts to contact him or her within fifteen (15) days after VC’s first attempt to contact him or her, Entrant will be deemed to have forfeited his or her prize and another Selected Entrant will be drawn. Winning Entrant may be asked to send an affidavit of eligibility/liability/publicity release (“Release”). Winning Entrant must provide all information requested to be eligible to win, including proof of age, proof of identity showing that the person claiming the prize is the same Entrant named on the winning Ticket and the winning Ticket stub. Unless restricted by law, winning Entrant will be required to complete and return the Release within thirty (30) days after the Raffle drawing. The prize may be forfeited if the winning Entrant: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Winner grants permission for use of his or her name, photograph/likenesses for advertising and promotion of this and similar promotions without compensation, unless prohibited by law.
- RULES & LIABILITIES
The Raffle is subject to these Official Rules. These Official Rules shall not be changed by any oral statement made by any person acting on behalf of VC. By participating, Entrants agree to ALL of the following: (a) to be bound by these complete Official Rules and the decisions of VC shall be final and binding. (b) To waive any right to claim ambiguity in the Raffle or these Official Rules, except where prohibited by law. (c) By accepting a prize, winning Entrant agrees to release VC, its officers, directors, employees, volunteers, members, representatives and agents, and any person or entity associated with the production, judging, or administration of the Raffle (collectively, the “Releasees”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Raffle-related activity or participation in this Raffle. (d) Except where prohibited by law, the winning Entrant’s purchase of a Raffle Ticket and acceptance of a prize constitutes permission for VC to use said winning Entrant’s name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Raffle on a worldwide basis, and in all forms of media, nor or hereafter known, in perpetuity, without review, permission, or further compensation.
Taxes are the sole responsibility of winning Entrant. The winning Entrant will be required to make payment to VC of the total tax due prior to collection of the prize as noted in the Official Rules. Winning Entrant will receive a W2-G and the amount of the winnings (at the Appraised Value of $75,000) and backup withholding if required will be reported to the IRS of any awarded prizes and the required tax withheld. Each ticket purchaser is advised to consult his or her own tax advisor(s) with respect to the tax liabilities that may arise from winning this Raffle.
- GENERAL RAFFLE CONDITIONS
VC reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Raffle or violating these Official Rules, and reserves the right to cancel the Raffle should it suspect fraud or for reasons out of control of VC. Disputes regarding these Official Rules and/or this Raffle will be governed by the internal laws of the State of New York. Any Claim(s) or Controversy between any of the Raffle participants and VC arising out of or relating to the Raffle and or the Raffle Rules and Regulations shall be settled by binding arbitration administered in Buffalo, NY by the American Arbitration Association under its Commercial Arbitration Rules. Any Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Caution should be taken for any attempt to deliberately damage or to undermine the legitimate operation of the Raffle. Any such attempts may be in violation of criminal and civil laws and will result in disqualification from participation in the Raffle. Should any attempt be made, VC reserves the right to seek remedies and damages, including all fees, such as attorney fees and court costs, to the fullest extent of the law, including criminal prosecution. A Raffle Entrant’s sole and exclusive remedy for any claim against VC arising out of the sale of raffle tickets or the conduct of the Raffle shall be limited to the return of the purchase pride paid for his or her raffle ticket(s). In no event shall VC, its directors, officers, employees, volunteers, agents or representatives be liable to any party for any loss or injury to earnings, profits, or goodwill, or for any incidental, special, punitive, or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.
- TICKETS VIA EMAIL
Entrants who purchase online, by telephone, or with the flyer will be sent a Ticket via email only that will identify the purchaser’s Ticket number if purchased after Monday, September 13, 2021. In this case, the original ticket will be retained by VC and the stub entered into the drawing along with the stubs of all other Tickets sold. Prior to Monday, September 13, 2021, Tickets will be mailed via USPS to address provided by Entrant.