By participating, you agree that:
These Official Rules govern the conduct of the raffle and, together with the decisions of McCOY CARE SERVICES, Inc. (in conjunction with Community Assistance Services, Inc.), hereinafter referred to as "MCS, Inc.", are binding on everyone who purchases a raffle ticket and/or who is named on a raffle ticket. MCS, Inc. CAR RAFFLE is a fundraising activity in support of MCS, Inc. which provides residential care to disenfranchised children who are wards of the court, developmentally disabled, have mental health care needs, have HIV and do not have a home to call their own. These Official Contest Rules may not be waived, modified or supplemented except by Community Assistance Services, Inc. No modification of these official contest rules shall be enforceable unless made by McCoy Care Services, Inc. or Community Assistance Services, Inc.
The grand prize drawing for the MCS, Inc. Car Raffle will be held on Friday, February 16, 2007 at approximately 9:00 p.m. at the Doubletree Hotel in Ontario, except this date and all other dates stated in these rules may be extended in MCS, Inc.ís and absolute discretion. Ticket requests will be accepted until 11:59 p.m. Friday, February 7, 2007. Tickets may sell out before that time. Vavrinek, Trine, Day & Co. LLP, an independent accounting firm located in Rancho Cucamonga, will supervise all drawings. 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 2,000 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 5 additional prizes awarded in the course of the raffle making the ratio of prizes to tickets approximately 1 to 333 if all tickets are sold. The IRS position is that amounts paid for chances in raffles, 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. MCS, Inc. assumes no responsibility for a prize winner's tax obligations and suggests you consult your tax advisor. Community Assistance Services, Inc. will file a form 1099 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 raffle, all ticket purchasers and everyone named on a raffle 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 MCS, Inc. 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 MCS, Inc. Car Raffle website. A list of winners may be obtained by sending a written request plus a self-addressed, stamped envelope to MCS, Inc. Car Raffle, 517 N. Mountain Ave., Ste. 208 Upland, CA 91786. MCS, Inc.'s interpretation and application of the rules and regulations shall be final.
- By participating in this raffle, each participant releases MCS, Inc. Car Raffle Committee, MCS, Inc., and Community Assistance Services, Inc. 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 MCS, Inc. and Community Assistance Services, Inc. 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: Raffle ticket purchasers and the person named on a raffle ticket must be at least 18 years of age at the time of purchase. Raffle tickets may not be purchased in the name of a business, trust, corporation, or other entity, or wherever prohibited by applicable law. Raffle tickets may not be purchased in the name of members of the Board of Directors or employees of MCS, Inc. and Community Assistance Services, Inc. (or persons residing in the same household as employees of MCS, Inc. or Community Assistance Services, Inc.), employees of the accounting firm of Vavrinek, Trine, Day & Co. LLP. 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 a 2007 ES 350 Lexus, to be purchased at Lexus of Riverside. Depictions of the car shown in informational materials on the MCS, Inc. Car Raffle website and elsewhere, including www.lexus.com.
- 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 MCS, Inc. by 3:00 p.m. on (March 2, 2007). If MCS, Inc. 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 MCS, Inc. MCS, Inc. does not provide any guarantee or warranty, expressed or implied, in connection with the car. MCS, Inc. accepts no liability or responsibility regarding the manufacturing or condition of the car No warranties, express or implied, are made or offered by MCS, Inc.
CAR VALUE: The value of the 2007 ES 350 Lexus sedan is $33,865. 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 raffle ticket sales are final. No refunds will be made except under the following circumstances: any ticket request with verified payment received after 2,000 tickets have been sold or after 11:59 p.m. February 7, 2007 will be returned. No other refunds are available. MCS, Inc. 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. A raffle participant's sole and exclusive remedy for MCS, Inc.'s breach shall be limited to the return of the purchase price paid for his or her raffle ticket(s). In no event shall MCS, Inc., Community Assistance Services, Inc. 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 solely from MCS, Inc. or Community Assistance Services, Inc. You may buy as many tickets as you wish, subject to availability, until all 2,000 are sold. A raffle ticket can be purchased in one name only. Each raffle ticket will be entered separately in the drawing. Each raffle ticket is a separate and equal chance to win the 2007 Lexus ES 350. Any prize and related tax liability will belong to the person named on the ticket. Any raffle ticket request form that is deemed in MCS, Inc.'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.casinc2.com or obtained by calling 1-415-747-2681 or 1-909-912-0142 or send a SASE to Community Assistance Services, Inc. 517 N. Mountain Ave., #208, Upland, CA 91786. Ticket requests must include payment or credit card information to be eligible. Send completed forms with payment or credit card information to MCS, Inc. Car Raffle and fax 909-912-0139 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 a raffle ticket order is placed and funds have cleared, Community Assistance Services, Inc. will complete the raffle ticket for the purchaser by filling in the name, address and phone number of the purchaser. Community Assistance Services, Inc. will then drop each completed raffle ticket in the secured raffle barrel located at the offices of Community Assistance Services, Inc. in Upland, California. The purchaser will receive an email from Community Assistance Services, Inc. confirming the ticket purchase and providing the ticket number(s) and their ticket portion will be forwarded via mail.
DRAWINGS: MCS, Inc. will make reasonable efforts to contact the person named on a winning raffle ticket (who does not have to be present to win), using only the information on the winning raffle ticket request form. If, despite these efforts, the person named on a winning raffle 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 raffle ticket will be substituted for that raffle ticket and the prize will be retained by MCS, Inc. 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 raffle prize.
Grand Prize Drawing: To be eligible, ticket requests with verified payment must be received by the earlier of 5:00 p.m. Friday, February 7, 2007 or the sale of 2,000 tickets. The Grand Prize drawing will be held at approximately 9:00 p.m. Friday, February 16, 2007 at the Doubletree Hotel in Ontario. Tickets will be drawn by number not name. Winning tickets will be drawn at random from a drum containing all eligible raffle tickets. The raffle tickets for the second through 5th prizes will be drawn first, before drawing the Grand Prize, in reverse order beginning with the drawing for prize 5 and finishing with the drawing for the second prize. After the drawing for the second 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: MCS, Inc. 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 MCS, Inc. Prior to the Grand Prize drawing, MCS, Inc. 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 Community Assistance Services, Inc. A representative of Community Assistance Services, Inc. will assist in coordinating all the details with the winner regarding the delivery, tags and registration of the 2007 Lexus ES 350. Two successive alternate back up winners will be drawn, and the tickets held by Community Assistance Services, Inc. but not announced in case the winner does not claim the prize by February 23, 2007 or is deemed otherwise ineligible. Winner agrees to the use of his/her name, photograph or videotape likeness and statements for publicity purposes by Community Assistance Services, Inc. and agrees to sign a publicity release without any further compensation.
PRIZE AWARDS IN EVENT OF NON-SELLOUT OF TICKETS: A maximum of 2,000 tickets will be sold. A minimum of 350 tickets must be sold for the Grand Prize winner to have a choice of the car. If fewer than 500 tickets are sold by 5:00 p.m., Friday, February 7, 2007, the raffle will be held as scheduled on February 16, 2007 but then all cash prizes will be awarded with the exception of the car. Community Assistance Services, Inc. reserves the right to cancel this raffle 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 raffle is registered with the Office of the California Attorney General, California Raffle Registration number Pending.