TEMPE DIABLOS CHARITIES, INC.
Your purchase of or use of any raffle ticket offered by the Tempe Diablos Charities, Inc. (the “Tempe Diablos Charities”) is subject to the following Raffle Rule (the “Rules”), along with the Terms and Conditions (the “Terms”) of use of the Tempe Diablos, Inc. (the “Tempe Diablos”) website, which can be found at www.tempediablos.org. If any of these Rules conflict with the Terms, these Rules shall supersede such conflicting Terms and govern the raffle.
2021 CORVETTE RAFFLE
The vehicle depicted and displayed in marketing for the 2021 Corvette Raffle is the actual 1971 Corvette that will awarded to the winning raffle ticket purchaser (the “Winner”) if at least 400 raffle tickets are purchased by 06/01/2021. In the event that at least 400 raffle tickets are not purchased, the 1971 Corvette will not be awarded to the WINNER. In that event, the 2021 Corvette Raffle will convert to a 50/50 Raffle with one half of the gross proceeds from the sale of raffle tickets being awarded to the winner.
Raffle tickets for the 2021 Corvette Raffle may be purchased online at www.tempediabloscharities.org. The price to purchase a raffle ticket is $100. The purchaser will automatically receive a confirmation of the raffle ticket purchased. If a confirmation is not received, the purchase was not received by Tempe Diablos Charities. You must state your name, and only one name, on your raffle ticket entry.
DONATIONS AND TAX DEDUCTIONS
The Tempe Diablos Charities is an Arizona, nonprofit organization which is recognized a as tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Net proceeds from the raffle will benefit the Tempe Diablos Charities, the Tempe Diablos, and their grant and scholarship recipients. Payments for the purchase of raffle tickets are not tax deductible as charitable contributions.
You must be eighteen (18) years of age or older and within the state of Arizona to purchase or use a raffle ticket. Your purchase or use of a raffle ticket will serve as your confirmation of your eligibility and that you have read and agreed to these Rules. Board members of the Tempe Diablos and members of the Tempe Diablos are NOT eligible to participate in the 2021 Corvette Raffle.
All raffle sales are final and no refunds or replacements. Unsuccessful raffle tickets will have no value.
The Winner shall be responsible for any and all travel, costs (including delivery, if any), federal, state, and local income or excise taxes, fees, assessments and like charges associated with the value of the prize. Cash prizes, if any, will be paid net of applicable income tax withholdings. The Winner shall be responsible for any and all state or local license, title and registration fees associated with the vehicle. Raffle winnings are taxable income and must be reported as such on income tax returns. Prizes valued at $600.00 or greater will not be distributed until Tempe Diablos Charities has received from the Winner a complete and executed IRS Form 5754 and any other documentation as may be required by the Tempe Diablos Charities. At the time of this printing, federal law requires that the corresponding federal income tax withholding for prizes valued at $5,000.00 or greater must be collected from the Winner upon prize distribution. Thus, prizes valued at $5,000.00 or greater will be distributed only after the amount equal to 25% of the value of the car or cash or appropriate amount as mandated by the IRS has been collected. Federal and state tax withholding laws are subject to change without notice. The withholding laws in effect at the time prizes are distributed will be followed.
SELECTION OF WINNER
The winning ticket will be randomly drawn after the close of sales on May 31, 2021. The name of the will be announced on June 01, 2021. Winner will be required to execute and return an Affidavit of Eligibility and affirmation of the Release of Liability and Limitation of Liability set forth in these Rules. You further agree to execute any reasonably required documents and provide information, including your social security number and mailing address, for submission of federal, state, and local taxing authorities. You agree that the Tempe Diablos Charities shall have three (3) business days to make arrangements for release of the 1971 Corvette and/or the winning share of the 50/50 raffle gross sales. You must claim the prize, provide required information, and executed required documentation within thirty (30) days of the drawing. The Winner will be notified of when and where to pick up the winning prize. The determination of the Winner by the Tempe Diablos Charities shall be final. You agree that in the event of extenuating circumstances, the Tempe Diablos Charities may change the date and time of the drawing.
The odds of winning depend on the number of raffle tickets purchased for the drawing. For a 50/50 raffle, the gross proceeds from sales will depend upon the number of raffle tickets purchased.
RELEASE OF LIABILITY
By purchasing or using a raffle ticket or by otherwise participating in the raffle, you agree to release the TEMPE DIABLOS CHARITIES, Tempe Diablos, THEIR members, directors, officers, attorneys, agents, employees, independent contractors, VENDORS, and assigns (THE “released parties”) from any and all liability with respect to any injury, damage, loss, or other harm that may occur, directly or indirectly, in whole or in part, from participation in the raffle, any consequence of the acceptance, receipt, possession, or use of any prize. YOU FURTHER AGREE THAT THE RELEASED PARTIES HAVE NOT AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, with regard to the raffle or any prize.
LIMITATION OF LIABILITY
you agree that THE released parties SHALL not BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE releaSed parties exceed the purchase price of a single raffle ticket.
privacy and publicity release
you agree that the Tempe Diablos Charities and Tempe Diablos may use your name, address (city and state only), 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 in perpetuity. By purchasing or using a raffle ticket, you agree that the Tempe Diablos Charities and Tempe Diablos may use your information for purposes furthering the mission of the Tempe Diablos Charities and Tempe Diablos.
The raffle and these Rules shall be subject to and governed by the laws of the state of Arizona. All federal, state, and local laws and regulations apply to the raffle. All disputes will be resolved pursuant to the Terms, available at www.tempediablos.org.
The Released Parties will not be liable for any failure or delay in performing an obligation that is due to any of the following causes, to the extent beyond their reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
The Tempe Diablos Charities and Tempe Diablos will pursue all legal remedies against individual(s) damaging or attempting to damage any raffle benefitting the Tempe Diablos Charities or Tempe Diablos, their websites, or attempting to undermine the lawful operation of the raffle.