Official Contest Rules & Regulations
By participating, you agree that:
These Official Rules govern the conduct of the opportunity prize drawing and, together with the decisions of Loma Linda University Children’s Hospital Foundation, hereinafter referred to as "LLUCHF", and are binding on everyone who purchases an opportunity prize drawing ticket and/or who is named on an opportunity prize drawing ticket. LLUCH CAR OPPORTUNITY PRIZE DRAWING is a fundraising activity in support of LLUCHF. The mission of LLUCHF is to advocate for excellence in children’s healthcare in California, the United States and the world through the support of Loma Linda University Children’s Hospital. Loma Linda University Children's Hospital continues the healing ministry of Christ, focusing on the physical, mental, emotional, and spiritual needs of children and their families.
The grand prize drawing for the LLUCH Car Opportunity Prize Drawing will be held on Friday, August 30, 2013 at approximately 2:00pm at Walter’s Automotive Group, Riverside, except this date and all other dates stated in these rules may be extended in LLUCHF’s absolute discretion. Ticket requests will be accepted until 5:00 p.m. Wednesday, August 21, 2013. Tickets may sell out before that time. The drawings for prizes are open to the public, but the winner does not need to be present to win.
- The price per ticket is $100.00. A maximum of 1,000 tickets will be sold. Ticket sales will cease when that number of qualified entries is reached. Any requests and payments received following the cut off will be returned to the sender. There will be a minimum of 3 additional prizes awarded in the course of the opportunity prize drawing making the ratio of prizes to tickets approximately 1 to 250 if all tickets are sold. The IRS position is that amounts paid for chances in opportunity prize drawings, lotteries or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions.
- If the car is chosen as the prize, the Grand Prize winner assumes and must pay all fees and charges (including, but not limited to, tags and license), local, state and federal taxes when the car is transferred to the winner. In addition, all costs of car ownership, such as (without limitation) insurance, are the Grand Prize winner's sole responsibility. LLUCHF assumes no responsibility for a prize winner's tax obligations and suggests you consult your tax advisor. LLUCHF will file a form W-2G with the Internal Revenue Service to report the value of the prize won. The winner will also receive a copy of this form. This offer is void where prohibited by law and all federal, state and local laws and regulations apply.
- By participating in this opportunity prize drawing, all ticket purchasers and everyone named on a opportunity prize drawing ticket accept and agree (1) to be bound by all the rules, limitations and restrictions set forth here and (2) that their names and/or likenesses may be disclosed to and used by the news media and may otherwise be used by LLUCHF for publicity purposes and in lists of prize winners to be published in area newspapers or other media including television, radio, web and print. The list of prize winners will be published on the LLUCH Car Opportunity prize drawing website. A list of winners may be obtained by sending a written request plus a self-addressed, stamped envelope to LLUCH Car Opportunity prize drawing, PO Box 2000, Loma Linda, CA 92354. LLUCHF’s interpretation and application of the rules and regulations shall be final.
- By participating in this opportunity prize drawing, each participant releases LLUCHF Opportunity prize drawing Committee, LLUCHF, and LLUCH and each of their respective directors, officers, employees and agents from any and all liability for injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession, use or misuse of any prize, and each winner agrees to indemnify and hold LLUCHF and LLUCH and each of their respective directors, officers, employees and agents harmless from any and all losses, damages, costs, expenses, rights, claims and actions of any kind arising in connection with or as a result of the winner's acceptance or use of any prize.
ELIGIBILITY: Opportunity prize drawing ticket purchasers and the person named on an opportunity prize drawing ticket must be at least 18 years of age at the time of purchase. Opportunity prize drawing tickets may not be purchased in the name of a business, trust, corporation, or other entity, or wherever prohibited by applicable law. Opportunity prize drawing tickets may not be purchased in the name of employees of LLUCHF (or persons residing in the same household as employees of LLUCHF). Prize winners may be required to sign an affidavit of eligibility
GRAND PRIZE: The Grand Prize winner is strongly advised to seek professional legal, tax advice. Award of the Grand Prize could have material adverse consequences on the Grand Prize winner including without limitation, with respect to taxes, income, government entitlements or other benefits, or other legal, financial or other matters. The Grand Prize is the winner's choice of a 2013 Audi Q5, Audi A4, Mercedes-Benz GLK350, Mercedes-Benz C250, (2)Fiats, (2) Smart Cars or a Sprinter Commercial Van, to be purchased at Walter’s Automotive Group in Riverside.
- In order for the Grand Prize winner to receive the car (subject to the other provisions in these rules), if not present at the drawing; the Grand Prize winner must elect to receive the car once drawn by delivering written notice of that election to LLUCHF by 3:00 p.m. on September 30, 2013. If LLUCHF does not receive that notice, then the Grand Prize winner will be automatically and irrevocably deemed to have elected not to receive the car and an alternative recipient will be drawn.
- The car, when selected, will be transferred to the Grand Prize winner in "AS IS, WHERE IS" condition by LLUCHF. LLUCHF does not provide any guarantee or warranty, expressed or implied, in connection with the car. LLUCHF accepts no liability or responsibility regarding the manufacturing or condition of the car No warranties, express or implied, are made or offered by LLUCHF.
CAR VALUE: The approximate value of 2013 Audi Q5 $39,655, the 2012 Audi A4 is $36,475, 2012 Mercedes-Benz GLK350 is $38,145, 2012 Mercedes-Benz C250 is $35,675, 2012, (2) Fiats is $33,700, (2) Smart Cars is $32,730 or 2012 Sprinter Commercial Van is $37,890. The Internal Revenue Service or the California Franchise Tax Board will accept that value of the car or any other value for the purpose of determining any income tax that may be payable by the Grand Prize winner.
REFUNDS: All opportunity prize drawing ticket sales are final. No refunds will be made except under the following circumstances: any ticket request with verified payment received after 1,000 tickets have been sold or after 5:00pm. August 21, 2013 will be returned. No other refunds are available. LLUCHF assumes no responsibility for lost, late, misdirected or non-delivered mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines. An opportunity prize drawing participant's sole and exclusive remedy for LLUCHF breach shall be limited to the return of the purchase price paid for his or her opportunity prize drawing ticket(s). In no event shall LLUCHF, LLUCH or their respective directors, officers, employees, members, committee members, agents, contractors, advisors, or representatives be liable to any party for any loss or injuries to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any person or entity.
TICKETS: Tickets are $100.00 each and may be purchased LLUCHF or Walter’s Automotive Group. You may buy as many tickets as you wish, subject to availability, until all 1,000 are sold. An opportunity prize drawing ticket can be purchased in one name only. Each opportunity prize drawing ticket will be entered separately in the drawing. Each opportunity prize drawing ticket is a separate and equal chance to win your choice of 2013 Audi Q5, Audi A4, Mercedes-Benz GLK350, Mercedes-Benz C250, (2) Fiats, (2) Smart Cars or a Sprinter Commercial Van. Any prize and related tax liability will belong to the person named on the ticket. Any opportunity prize drawing ticket request form that is deemed in LLUCHF's discretion to be defective or illegible will not be honored.
- To order tickets, use a ticket request form which can be downloaded from www.lomalindacar.org or obtained by calling 1-909-558-5367 or send a self-addressed stamped envelope to LLUCH Foundation, PO Box 2000, Loma Linda, CA 92354. Ticket requests must include payment or credit card information to be eligible. Send completed forms with payment or credit card information to LLUCH Car Opportunity prize drawing and fax 909-558-3562 with your credit card information. You may purchase as many available tickets as you wish. All sales transactions are final. No payments will be refunded except as noted above in "Refunds". If the credit card transaction is denied for any reason or check does not clear the bank, the ticket purchase is null and void and the purchaser will be notified via email of the problem. The next ticket order in line will be processed.
- When an opportunity prize drawing ticket order is placed and funds have cleared, LLUCHF will complete the opportunity prize drawing ticket for the purchaser by filling in the name, address and phone number of the purchaser. LLUCHF will then drop each completed opportunity prize drawing ticket in the secured opportunity prize drawing barrel located at the offices of LLUCH Foundation in Loma Linda, California. The purchaser will receive an email from LLUCHF confirming the ticket purchase and providing the ticket number(s) and their ticket portion will be forwarded via mail.
DRAWINGS: LLUCHF will make reasonable efforts to contact the person named on a winning opportunity prize drawing ticket (who does not have to be present to win), using only the information on the winning opportunity prize drawing ticket request form. If, despite these efforts, the person named on a winning opportunity prize drawing ticket cannot be located within 30 calendar days after the drawing, or if any such person is ineligible under these rules or applicable law, then that person will not be awarded the prize. No other opportunity prize drawing ticket will be substituted for that opportunity prize drawing ticket and the prize will be retained by LLUCHF. Any prize that is not claimed within sixty (60) days after the drawing for that prize will not be awarded.
- There is to be no substitution for the opportunity prize drawing prize.
Grand Prize Drawing: To be eligible, ticket requests with verified payment must be received by the earlier of 5:00pm. Wednesday, August 21, 2013 or the sale of 1,000 tickets. The Grand Prize drawing will be held at approximately 2:00pm on Friday, August 30, 2013 at Walter’s Automotive Group in Riverside. Tickets will be drawn by number not name. Winning tickets will be drawn at random from a drum containing all eligible opportunity prize drawing tickets. The opportunity prize drawing tickets for the first through third prizes will be drawn first, before drawing the Grand Prize, in reverse order beginning with the drawing for prize 3 and finishing with the drawing for the first prize. After the drawing for the first prize, all the winning tickets from those prizes will then be returned to the drum, with all other tickets, for the drawing of the Grand Prize.
TICKET AND PAYMENT VERIFICATION: LLUCHF reserves the right to reject any ticket request form that is submitted with payment that does not constitute "good funds". All defective or physically altered request forms are subject to disqualification at the discretion of LLUCHF. Prior to the Grand Prize drawing, LLUCHF will make a reasonable effort to notify any individual who submits such an entry form, or one which has been rejected because the credit card or check did not clear, that the entry has been rejected. All requests for tickets for the drawing must be received and/or purchased by the indicated deadline.
Grand Prize Winner: Winner notification will be made by telephone, mail and posted on the web page. The winner will need to provide proper identification to the satisfaction of LLUCHF with the winner regarding the delivery, tags and registration of one of the following: 2013 Audi Q5, Audi A4, Mercedes-Benz GLK350, Mercedes-Benz C250, (2) Fiats, (2) Smart Cars or a Sprinter Commercial Van. Two successive alternate back up winners will be drawn, and the tickets held by LLUCHF but not announced in case the winner does not claim the prize by September 24, 2012 or is deemed otherwise ineligible. Winner agrees to the use of his/her name, photograph or videotape likeness and statements for publicity purposes by LLUCHF and agrees to sign a publicity release without any further compensation.
PRIZE AWARDS IN EVENT OF NON-SELLOUT OF TICKETS: A maximum of 1,000 tickets will be sold. A minimum of 500 tickets must be sold for the Grand Prize winner to have a choice of a car. If fewer than 500 tickets are sold by 5:00pm, Wednesday, August 21, 2013, the opportunity prize drawing will be held as scheduled on August 30, 2013 but then the first, second and third prizes will be awarded with the exception of the car. LLUCHF reserves the right to cancel this opportunity prize drawing contest at any time, in which event liability is limited to the refund of the ticket price to all participants.
REGISTRATION WITH THE STATE OF CALIFORNIA: This opportunity prize drawing is currently waiting on approval from the Office of the California Attorney General, California.