Ronald McDonald House Charities of the Central Valley, Inc.
19th Annual Collector Car Drawing
Official 2012 Contest Rules
Official Contest Rules. These are the official rules ("Official Contest Rules") for the 2012 Collector Car Drawing Contest (the "2012 Contest") sponsored by the Ronald McDonald House Charities® of the Central Valley, Inc. (the "Charity") (hereafter the "Official Contest Rules.").
Eligibility. The 2012 Contest is open to anyone 18 years or older, except for officers and employees of the Charity Ronald McDonald House Charities® of the Central Valley, Inc., any of its advertising agencies, or affiliates, or subsidiaries of such advertising agencies, and (household members of any such officer or employee). ("Eligible Person" Each Eligible Person who enters the 2012 Contest is a "Contestant").
Sponsor of Contest. The 2012 Contest is sponsored by the Charity, which is Ronald McDonald House Charities® of the Central Valley, Inc., located on 9161 Randall Way, Madera, CA 93636.
Agreement to Abide By Official Contest Rules. Each Eligible Person who enters the 2012 Contest is a "Contestant." By entering the Entry into the 2012 Contest the Contestant hereby fully and unconditionally constitutes the Contestant's full and unconditional agreement to and acceptance of these Official Contest Rules by entering the 2012 Contest, the Contest hereby agrees to perform all conditions and obligations required by these Official Contest Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2012 Contest Period. The 2012 Contest begins on December 1, 2011 and ends at or about 9 pm PST on November 10, 2012 ("2012 Contest Period"). The winning ticket will be drawn on November 10, 2012 on or about 9 pm PST.
How to Enter. Any Eligible Person may enter the 2012 Contest by obtaining an official numbered contest ticket ("Contest Ticket") from the Charity during the 2012 Contest period. Contest Tickets may be obtained in the following manner: (1) visiting www.ronald-mcdonaldhouse.org to register email address and request online ticket form, (2) submitting a request via mail to the Charity at the address listed above, or (3) by calling 559-447-6300, and requesting that an official entry form be mailed and/or faxed to you. Contest tickets are priced as follows: (1) $3 per ticket, (2) $10 for 5 tickets, (3) $20 for 15 tickets, (4) $40 for 30 tickets, (5) $50 for 40 tickets, (6) $100 for 100 tickets, and a 20% discount applies to ticket orders of $200 or more. The 20% discount is applicable per single transaction only. No purchase is necessary to participate in or win the 2012 Contest. Single Contest Tickets are available without charge upon request by phone or mail to the Charity with a limit of one such Contest Ticket per eligible household.
Winner Need Not Be Present to Win. The Grand Prize Winner of the 2012 Contest does not need to be present at the drawing in order to win.
Grand Prize. The grand prize is a 1965 Shelby Cobra Continuation, VIN CA969304 ("Grand Prize"). The contestant selected as the winner of the 2012 Contest will receive ownership of and legal title to the Grand Prize.
The Grand Prize does not include taxes, license, title and registration fees, or delivery or transportation costs. The Grand prize has an appraised value of $132,500. The Grand Prize is nontransferable and non-refundable and must be accepted as awarded in "as-is, where-is, with all faults" condition. Except as expressly stated in these Official Contest Rules, Charity makes no representation or warranty of any kind or character, express or implied, concerning the Grand Prize. The Contest Grand Prize Winner shall be responsible for all taxes, license, title and registration fees, delivery or transportation costs, and any other costs associated with winning and use of the Grand Prize.
Selection of Grand Prize Winner. One Grand Prize Winner will be selected from all Contestants as follows:
On November 10, 2012, at approximately 9 pm PST, the Charity Ronald McDonald House Charities® of the Central Valley, Inc. will hold a drawing and randomly select one Contest Ticket from among all submitted and accepted Contest Tickets. The Contestant owning the selected Contest Ticket will be deemed the Grand Prize Winner. The drawing will be held as scheduled, regardless of the number of Contest Tickets procured.
The Grand Prize Winner is responsible for paying all applicable income, sales and any other taxes associated with winning and use of the Grand Prize. Due to recent changes in the tax law, the I.R.S. requires the Charity to collect federal income taxes upon delivery of the Grand Prize to the Grand Prize Winner. Such taxes shall be based on the appraised value of the Grand Prize, which is $132,500, less any amount the Grand Prize Winner has paid for the purchase of his or her Contest Tickets (the "Net Difference"), computed at 25% of the Net Difference to determine the amount of the withholding tax, assuming the Grand Prize Winner supplies Charity with his or her federal Taxpayer Identification Number ("TIN"). Pursuant to applicable federal and state law, if the Grand Prize Winner fails or refuses to supply his or her TIN to Charity, then the Charity must withhold such taxes at the rate of 33.33% of the Net Amount.
The Grand Prize Winner has until December 10, 2012, or 30 days after the drawing, whichever occurs later, to pay all required taxes to the Charity, claim the Grand Prize, and meet all other requirements of these Official Contest Rules. If the Grand Prize is not redeemed by that date, or if the Grand Prize Winner otherwise does not meet all requirements of these Official Contest Rules by that date, then the Grand Prize is automatically forfeited and the Charity will select a new Grand Prize Winner at random from among all remaining eligible Contest Tickets. A Contestant so selected as the new Grand Prize Winner will have 39 calendar days after being notified of his or her selection, thereafter to meet all requirements set forth in these Official Contest Rules and take delivery of the Grand Prize. If the new Grand Prize Winner fails to meet all Grand Prize requirements set forth herein and take delivery of claim the Grand Prize by the required date, then the Charity will repeat the selection process until a Contestant is selected who satisfies all requirements set forth herein for receipt of the Grand Prize. Grand Prize requirements are met and the Grand Prize is awarded.
All drawing and Grand Prize winner selection results are final. The odds of winning the Grand Prize depend on the number of Contest Tickets issued and received. For a list of the Grand Prize winner, please visit our website at www.ronald-mcdonaldhouse.org 48 hours after the drawing. Winner will be posted by November 10th.
Certificate of Eligibility and Liability/Publicity Release. The Grand Prize Winner must sign a certificate of eligibility and liability/publicity release (substantially in the form attached hereto) and return it to the Charity on or before December 10, 2012 in order to be able to receive the Grand Prize. If the Grand Prize Winner fails to sign and return the Certificate of Eligibility and Liability/Publicity Release to the Charity by the above-stated deadline, or to otherwise meet the requirements of these Official Contest Rules, then an alternate Contestant will be selected in his/her place by random drawing from all remaining eligible Contest Tickets, and that person will become the Grand Prize Winner in his or her place.
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, testimonial or other likeness 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 know throughout the world in perpetuity, without compensation or notice to, or further consent of, the Grand Prize Winner to the extent permitted by law.
General Conditions. The Charity will stage the 2012 Contest to be conducted in compliance with all applicable federal, state and local laws, and the 2012 Contest is void where prohibited or restricted by law. The Charity reserves the right to cancel, suspend, and/or modify the 2012 Contest if any fraud or other problem corrupts the administration, security, or proper play of the 2012 Contest, as determined by Charity in its sole discretion. In such event the Charity reserves the right to award the Grand Prize according to the "Selection of Grand Prize Winner" criteria from among the eligible Contest Tickets received up to the time of the impairment. The Charity reserves the right to disqualify any individual it determines, in its sole discretion, finds to be tampering with the entry process or the operation of the 2012 Contest or to be acting in violation of these Official Contest Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the 2012 Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Charity reserves the right to seek damages from any such person to the fullest extent permitted by law. The Charity's delay or failure to enforce any term of provision of these Official Contest Rules shall not constitute a waiver of that provision.
Release. Except were 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 2012 Contest or receipt or use of any prize.
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 Contestants or printing errors; (b) unauthorized human intervention in any part of the 2012 Contest; (c) technical or human error which may occur in the administration of the 2012 Contest 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 Contestant's participation in the 2012 Contest or receipt of any prize.
Disputes. Except where prohibited, each Contestant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the 2012 Contest or any prize awarded there under, other than the administration of the 2012 Contest or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Madera County, State of California, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the 2012 Contest, but shall not include in no event attorney's fees; and (c) under no circumstances will Contestant be permitted to obtain awards for and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than the actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of the Contestant and Charity in connection with the 2012 Contest, without giving effect to any choice of law or conflict of rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
Refunds. No refunds for Contest Tickets purchased will be given after 12 p.m. PST on November 10, 2012. Any orders for Contest Tickets submitted after 12 p.m. PST on November 10, 2012, shall be deemed null and void and any monies submitted in connection with the same shall be refunded.
Contest Tickets may take up to five weeks to be received by Contestant. Refunds will not be given for Contest Tickets not received prior to Drawing without notice given to Charity by Contestant on or before November 10, 2012 by 12 p.m. PST, stating that Contest Tickets were not received.