Terms and Conditions
2013 Home and BMW Raffle Terms and Conditions
Thank you for supporting the Kosair Children’s Hospital Home and BMW Raffle conducted by the Children’s Hospital Foundation. The following Terms and Conditions shall apply:
- Purchase of this ticket constitutes full agreement by the purchaser that he/she agrees with all terms and conditions set forth herein.
- Grand Prize: A home valued at approximately $350,000 and located in Norton Commons Community Development, Prospect, KY.
- First Prize: A 2014 Sam Swope BMW 3 Series convertible plus $10,000 cash. (Photo is a representation only.)
- Must be a U.S. resident and 18 years of age or older to participate and to win any prize. If there is more than one name on an entry, the prize will be awarded to the first person listed on the entry who is 18 years old or older and a U.S. resident. It is the sole responsibility of the winner in a multiple party entry to allocate any prize among the participants in that entry. IRS Form 5754 must be completed if the winnings are being shared by two or more persons. The information provided on Form 5754 will enable Norton Healthcare (the payer) to prepare a Form W-2G for each individual listed on Form 5754.
- A ticket represents a chance to win the opportunity to accept an offer of the stated prize on these terms and conditions and on the terms and conditions in the “Winner Notification Agreement,” which include a W-9 and Form W2-G. If you hold a ticket receipt, your ticket has been entered in the raffle, subject to these terms and conditions. Winning tickets shall be selected by random drawing and all participants have an equal opportunity to win.
- Winner is subject to and responsible for all Federal, State and local income taxes and any other taxes, tariffs, fees or other amounts levied by governmental entities payable due to acceptance of the prize and the law, regulations, procedures, rules and directives applicable to raffles. All federal, state and local laws relating to the transfer, ownership or use of the prize apply. Prize shall not be transferred until all legal requirements have been met. Winner of the house agrees that the written determination of a licensed appraiser obtained by the Children’s Hospital Foundation will be used to determine the value of the house for income tax and all other purposes. The IRS requires that taxes on prizes valued greater than $5,000 must be paid upon acceptance and before the Children’s Hospital Foundation may deliver the prize to the winner. Winners are encouraged to consult a tax professional.
- Winner will be notified in writing with a Winner Notification Packet, which will be physically delivered or sent by certified, return receipt U.S. Mail to the address provided by that winner within seven days of the drawing. Winner shall claim the prize within 30 days from the date of receipt of the agreement to indicate his/her desire to accept the prize and willingness to make necessary arrangements to do so. If the winner does not wish to claim the prize but wishes to donate it to the Children’s Hospital Foundation, the winner shall provide a written statement within the 30-day period stating that the winner wishes to donate the prize back to Children’s Hospital Foundation. If the winner does not claim the prize or donate it to the Children’s Hospital Foundation within the 30 days after being contacted, Children’s Hospital Foundation will notify the Kentucky Office of Charitable Gaming and draw another ticket in the presence of Office personnel.
- Winner shall have no rights in prize until the prize is fully and unconditionally accepted by winner by the timely execution and return of the agreement and until complete delivery of the prize is made to winner. All prizes remain the sole property of the Children’s Hospital Foundation until unconditionally accepted “as is, where is” by winner.
- The plans and details provided in the home rendering are conceptual only and for convenience of reference. They should not be relied upon as a representation, expressed or implied, of final detail. The developer and Children’s Hospital Foundation expressly reserve the right to make modifications, revisions and changes which it/they deem desirable in their sole and absolute discretion.
- The winner accepting the home will be subject to all applicable laws and regulations including covenants, guidelines, rules and/or restrictions of the development or subdivision, including home owner association fees.
- Acceptance of a prize constitutes permission for the Children’s Hospital Foundation to use the name, picture, video image and relevant quotes of winner and agreement that the prize will not be used for further fundraising.
- The Children’s Hospital Foundation maintains no control of the personnel, equipment or operations of any builder, contractor, subcontractor, materialman or other supplier of a prize or prize component (“supplier”), and assumes no responsibility for any financial loss, personal injury, property damage, other loss, accident, delay, inconvenience or irregularity which winners may experience by reason of (1) performance/nonperformance by any supplier; (2) wrongful, careless, negligent or unauthorized acts or omissions on the part of any supplier or its employees or agents, or on the part of any other party not under the control of the Children’s Hospital Foundation; (3) any defect, breakdown or other failure of any transportation device, accommodation or other equipment or instrumentality owned, operated or otherwise used by a supplier or; (4) any acts of God, acts or omissions of third parties, damage or loss associated with any terrorist activities, social or labor unrest, mechanical or construction failures, disease, local laws, climactic conditions or other conditions or developments. The Children’s Hospital Foundation shall in no event be liable for special or consequential damages arising from the use or ownership of any prizes. Participants hereby release the Children’s Hospital Foundation from any such claims.
- Children’s Hospital Foundation makes no representations or warranties whatsoever regarding the prizes, and disclaims any such warranties. Prize winners may rely only on the representations and warranties, if any, of the suppliers of the prizes.
- Prizes may not be substituted or exchanged by winner. The Children’s Hospital Foundation may substitute a prize of equal or greater value if a featured prize is unavailable.
- The IRS has adopted the position that the $100 ticket price is not deductible as a charitable donation for Federal income tax purposes.
- Prize will not be awarded, and will be forfeited, if the ticket was issued in exchange for a check returned for “insufficient funds” or for a credit card charge deemed “declined,” “invalid,” or “stolen.”
- The prize drawing will be held at 9:30 p.m. on Nov. 23, 2013, at the Louisville Marriott Downtown, 280 W. Jefferson St., Louisville, KY 40202. However, Children’s Hospital Foundation reserves the right to postpone all or a portion of the prize drawing in the event the prize is unavailable at that time.
- Telephone services and Internet services are provided for reservations.
- All sales of raffle tickets are final and there will be no refunds. Only 8,000 tickets will be sold.
- Tickets, receipts and the winners’ rights are not transferable. Winners need not be present to win. The Children’s Hospital Foundation will attempt to contact all winners on the evening of Nov. 23, 2013.
- Employees of the Children’s Hospital Foundation and their immediate families are not eligible to participate in the raffle.
- Void where prohibited by law. Net proceeds from the raffle support Kosair Children’s Hospital through the Children’s Hospital Foundation. Charitable gaming license # ORG: 0000851.
- This is not a solicitation. This is for informational purposes only.