The Lake County YMCA (hereinafter “the Y”), a tax-exempt charitable organization under Section 501(c)(3) of the Internal Revenue Code, is conducting a raffle pursuant to Ohio Revised Code 2915.092(A)(1), to raise funds for ongoing charitable purposes. The Rules and Regulations of the Y Dream House and Car Raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. Interpretation and application of these rules and regulations by the Y and the Lake County YMCA Dream House Steering Committee shall be final.
The Semi-Finalist Drawings for the House and for the Car will be held on August 7, 2019. The Final Drawings for the House and for the Car will be held on August 11, 2019. The Y reserves the right to reschedule the drawings at the discretion of the Steering Committee. Drawings will be open to the public and may be broadcast live or recorded over local radio, television, and/or other internet based media.
If the House is chosen as the prize, the winner assumes all fees, local, state and federal taxes (including, but not limited to, income taxes based on the value of the house), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees) which must be paid when the House is transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the alternate cash prize. (See PRIZES section below). These consequences may apply to other prizes as well. The Y assumes no responsibility for the prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
BY ENTERING THIS RAFFLE, ENTRANTS 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 THE Y FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN AREA NEWSPAPERS AND ANNOUNCED ON THE Y RAFFLE WEBSITE. OTHER RULES AND REGULATION MAY APPLY. PLEASE CONTACT THE Y IF YOU HAVE ANY QUESTIONS. THE Y’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
The ticket entitles the holder to tour the Dream House, and will be entered into a drawing for the Dream House located at 36470 Maplegrove Road, Willoughby Hills, OH 44094.
Tickets are offered for $15.00 each (purchase three or more for $13.00 each, and you will also receive one FREE ticket entry for the car drawing). Ticket promotions or limited availability/introductory sales may be authorized at the discretion of the Y.
There is no maximum on the amount of tickets that will be sold. The chances of winning are based upon the actual number of tickets sold; the fewer tickets sold, the greater your chances of winning the Dream House and/or Car.
Tickets may be purchased at a Y Branch (East End, Central, or West End), at the YMCA Dream House, or online at www.ymcadreamhouse.org. Ticket requests with payment may also be submitted by U.S. Mail to the Lake County YMCA at 933 Mentor Avenue, Painesville, OH 44077 and must include a stamped self-addressed envelope if the purchaser would like to receive their tour passes. All mail-in entry forms must be postmarked no later than August 2nd, 2019. Online or other ticket sales may be extended at the discretion of the Y. The Y reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.”
In order to be eligible to purchase tickets for an entry to win the 2019 YMCA Dream House and/or Car, you must be an individual eighteen (18) years or older. Each individual eighteen (18) years or older will need a ticket to tour the Lake County YMCA Dream House. If the name of more than one person is submitted on a ticket and the ticket is selected as a winning ticket, the person named first will be deemed the holder of record of that ticket and declared the winner. Division of a prize by a group purchasing a ticket in common shall be the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner. Winner does not need to be present to win. Individuals are not limited on the number of tickets purchased, subject to availability.
The following are not eligible to purchase tickets: Lake County YMCA Senior Management, Lake County YMCA Corporate Staff, Lake County YMCA Corporate Board Members, Members of the Lake County YMCA Dream House Steering Committee, and their immediate household members. “Immediate household members” is defined as the spouse, child, parent, brother, or sister of the Employee or Committee Member, if residing in the same household. This definition also includes individuals for whom the Employee or Committee Member is the current legal guardian or individuals who are not legally related to but who reside with an employee, including step- and adoptive relationships.
A ticket purchased by an ineligible individual or a corporation is void, and cannot be a winning ticket. No refunds will be made to ineligible purchasers. A ticket issued in exchange for a check returned for “insufficient funds,” or for a credit card charge that was “declined,” or reported as “invalid” or “stolen” is void, and cannot be a winning ticket. All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law. The Y assumes no responsibility for lost, late, misdirected or non-delivered US Mail, email, or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
AN ENTRANT’S SOLE AND EXCLUSIVE REMEDY FOR THE Y’S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL THE Y, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF THE RAFFLE, USE OR OWNERSHIP OF THE PRIZES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The House Prize constitutes (a) the house conveyed “as is” including specified items within the house, or (b) cash option of $275,000 including specified items within the house. The Car Prize is a 2019 Chevrolet Camaro There is no cash option for the car.
The selection of the YMCA Dream House and Car winners will be conducted by two (2) separate random semi-finalist and finalist (key ceremony) drawings. All tickets purchased have an equal chance of winning. The odds of winning depend on the number of valid tickets sold.
The first random drawing will be held on August 7th, 2019 at 7:00 p.m. and will result in the selection of twenty (20) semi-finalists for the Dream House and ten (10) semi-finalists for the car.
The Final Winners will be determined by a second random drawing from the twenty (20) semi-finalists for the house and the ten (10) semi-finalists for the car to be held on August 11th, 2019 at 2:00 p.m.
First, each of the ten (10) semi-finalists for the 2019 Chevrolet Camaro will draw a key in the order in which their names were drawn on August 7th, 2019 at 7:00 p.m. The key that starts the car is the winner (only one key will start the car).
Second, each of the twenty (20) semi-finalists for the Dream House will then draw a key in the order in which their names were drawn on August 7th, 2019 at 7:00 p.m. Again, the key that opens the front door is the winner of the 2019 YMCA Dream House (only one key will open the door).
Winner(s) will be notified by phone and/or email if the winner(s) do not provide a phone number or email, a certified letter will be sent to the address listed on the entry ticket. Winner(s) need not be present and may designate a representative to attend the semi-finalist and finalist (key ceremony) drawings on their behalf. Tickets are non-transferable.
The winner of the Dream House must decide which prize they chose the house or the cash option and present acceptable identification no later than 5:00 p.m. ten (10) calendar days after the winning key turn. This decision must be documented in writing. Failure to provide written notification to the Y within the ten (10) day time period will result in the winner to be deemed as having selected the cash option. If the winner accepts the house, title will transfer as soon as all requirements for occupancy are completed. Closing and settlement on the house must be completed within 30 days or as soon as the title company can complete the process. Payment of the cash option, if chosen, will be made to the winner in mid-December of 2019.
The winner of the 2019 Chevrolet Camaro can claim possession of the car once title is transferred. Winner accepts the car “as-is” - no cash option.
In order to collect his or her prize, the winners will be required to deliver to the Y: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including, without limitation, that he or she is at least eighteen (18) years old; (b) such written information as is required by any applicable tax and/or real estate laws, including without limitation, his or her Social Security Number; and (c) proof of identity in forms satisfactory to the Y showing that the person claiming the prize is the same person who is named on the winning raffle ticket. Winners will be required to submit a Form 5754 or similar tax form for tax withholding purposes.
Each winner is solely responsible for payment of all applicable federal, state, and/or local income, sales or use taxes due on account of his or her acceptance of the prize. The value of each prize is includible in the winner’s gross income and may be subject to reporting by the Y to the Internal Revenue Service. The Y will issue the winners a W-2G which will be postmarked by January 31 of the following year per IRS Regulations.
The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and thus do not qualify as deductible charitable contributions. Consult your tax advisor.
Each winner accepts the prize “as is,” and without recourse to the Y with respect to any defect, injury, damage, or other problem that may arise or become apparent with respect to the prize. The Y disclaims any and all warranties with respect to each prize, including but not limited to any warranty of fitness for a particular purpose.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES THE Y, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD THE Y HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
BECAUSE THE Y HAS NO RIGHT TO CONTROL, NOR EXERCISES ANY CONTROL, OVER THE PERSONNEL, EQUIPMENT, OR OPERATIONS OF ANY BUILDER, SELLER, OR MANUFACTURER OF ANY PRIZE, OR ANY PART OF ANY PRIZE, THE Y ASSUMES NO RESPONSIBILITY FOR ANY FINANCIAL LOSS, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS, ACCIDENT, DELAY, INCONVENIENCE, OR IRREGULARITY THAT A WINNER MAY EXPERIENCE BY REASON OF (1) PERFORMANCE OR NONPERFORMANCE BY ANY SUPPLIER; (2) WRONGFUL, CARELESS, NEGLIGENT, OR UNAUTHORIZED ACTS OR OMISSIONS BY ANY SUPPLIER OR ITS EMPLOYEES, OR BY ANY OTHER PARTY NOT UNDER CONTROL OF THE Y; (3) ANY DEFECT, BREAKDOWN, OR OTHER FAILURE OF ANY AIRCRAFT, TRAIN, AUTOMOBILE, SHIP, ACCOMMODATION, OR OTHER EQUIPMENT OR INSTRUMENTALITY OWNED, OPERATED, OR OTHERWISE USED BY A SUPPLIER; (4) ACTS OF GOD AND ACTS OR OMISSIONS OF THIRD PARTIES; (5) MECHANICAL OR CONSTRUCTION FAILURES; OR (6) ANY ANY OTHER EVEN OR CONDITION BEYOND THE Y’S CONTROL. EACH WINNER HEREBY RELEASES AND HOLDS THE Y HARMLESS WITH RESPECT TO ANY CLAIM BASED ON ANY SUCH OCCURRENCE.
Proceeds will benefit the Lake County YMCA. The YMCA Dream House Steering Committee reserves the right to cancel the drawing at any time, and if canceled, shall return all proceeds from ticket sales. Decisions by Committee will be final.
Semi-finalists and winner(s) allow the Lake County YMCA to use their names, photo, video image, likeness, and/or relevant quotes for promotional purposes.