(Posted January 13, 2016)
Pat and Emmitt Smith Charities, Inc., a Texas non-profit corporation and tax-exempt 501(c)(3) organization (“PESC”), is sponsoring a fundraising raffle (the “Raffle”) in accordance with the laws of the State of Texas. All proceeds of the Raffle will go to PESC and will be used in furtherance of its charitable purposes. The rules and regulations of the Raffle are set forth below. By purchasing a raffle ticket (“Ticket”), the purchaser agrees to be bound by these rules and regulations. The interpretation and application of the rules and regulations by PESC and its legal counsel shall be final.
The Raffle is open to all legal residents of the United States who are 18 years of age or older as of the date of entry, possess a valid driver license, and can provide proof of automobile insurance coverage. All federal, state and local laws and regulations apply. Void where prohibited by law. [PESC employees involved in drawing the Ticket to determine the Prize are not eligible to receive the Prize.]
PESC will sell Tickets at a cost of one hundred dollars ($100.00) per Ticket and will sell no more than 1,000 Tickets.
The odds of winning the Prize, as hereinafter defined, will depend on the final number of Tickets sold. Ticket sales will begin on or about January 13, 2016, and will end upon the earlier of (i) the sale of all of the 1,000 allotted Tickets and (ii) the drawing for the Prize during the PESC Friday Night Party on Friday, May 6, 2016. Tickets may be purchased online at [www.emmittsmith.com/celebrity-invitational] by May 1, 2016, or, to the extent any Tickets remain unsold at the time, prior to the drawing for the Prize during the PESC Friday Night Party on Friday, May 6, 2016. The participant must follow all instructions on the entry form to complete the ticket entries and be qualified for the Raffle.
Per IRS rules, amounts paid for raffle tickets are not gifts to the charitable organization and do not qualify as deductible charitable contributions.
The “Prize” is a 2016 Cadillac ATS Coupe with premium package and navigation system, approximately valued at $ 38,425[NOTE: Cannot exceed $50,000]. The color of the car will be based on dealer inventory at the time of delivery of the Prize.
The Winner, as hereinafter defined, assumes and must pay all taxes, fees and charges, including, but not limited to, federal income taxes in a sum equal to twenty-five percent (25%) of the fair market value of the Prize when the Prize is transferred to the Winner ($9,606.25 of tax based on the $38,425 fair market value of the Prize minus the $100 price of the winning Ticket) plus all applicable taxes, title and license fees due upon delivery. PESC assumes no responsibility for the Winner's tax and/or legal obligations, including the payment of income taxes, and suggests the Winner consult his/her tax and/or legal advisor.
The Winner must provide PESC with proof of insurance, and all necessary information required for tax purposes, prior to delivery of the Prize (including the Winner’s full legal name, address, and social security or taxpayer identification number). Failure to do so within ten (10) days of such request shall result in an automatic forfeiture of the Winner’s Prize.
In addition, all costs incurred subsequent to transfer, such as gasoline, oil and maintenance not specifically covered under the vehicle warranty, etc. are the Winner's sole responsibility.
The Prize is awarded “AS IS” with no warranty or guarantee, either express or implied by PESC or Crest Cadillac II, LLC (“Crest”) except as specifically provided by the vehicle manufacturer.
The Winner need not be present at the drawing of the winning Ticket. The Winner must claim the Prize within thirty (30) days of notification otherwise such Prize will be forfeited. In the event that a Winner does not claim the Prize or is determined to be ineligible to receive the Prize, no other Prize will be awarded or substituted.
If the Winner is eligible to receive the Prize and elects to receive the Prize, the Winner agrees to take delivery and title of the Prize at Crest, 2701 N. Central Expressway, Plano, Texas 75075, within thirty (30) days of being notified he or she is the Winner, or assumes responsibility for costs associated with transporting the Prize to the Winner’s location of choice. The Prize is not transferable.
The Prize drawing will take place on Friday, May 6, 2016, during the PESC Friday Night Party. One Ticket will be selected by PESC at random for the Prize in accordance with Texas laws. The first Ticket selected that meets the requirements as set forth in these Official Rules will win the Prize. The Prize will be awarded to the individual whose name appears on the Ticket (the “Winner”). Purchasers of the Ticket will not be deemed to be the Winner unless his/her name appears on the Ticket and such person complies with all tax obligations related to the Prize. The Winner will be announced on the PESC website on May 9, 2016. The Winner will also be notified by the telephone numbers and/or email addresses listed on the Winner’s entry form.
Only one eligible person may be entered in the Raffle per Ticket sold. If the name of more than one person is submitted with a Ticket purchase or the Ticket contains incomplete information, or the Ticket is otherwise deemed noncompliant with these Official Rules then that Ticket may be deemed to be void and another Ticket will be drawn. PESC reserves the right to reject any Ticket purchase that is submitted with payment that does not constitute “good funds” or that is otherwise noncompliant with these Official Rules.
By entering the Raffle, the Winner agrees that his/her name and/or likeness may be disclosed to and used by the news media, Crest and/or PESC for promotional purposes without additional compensation. In addition, each participant releases the corporate entities of PESC, Crest and their respective parent or affiliated companies, directors, officers, employees, volunteers, advisors, consultants, representatives, and agents from any and all liability for injuries, losses or damages of any kind caused by participating in the Raffle or winning the Prize, or resulting from acceptance, possession, use or misuse of the Prize, including any taxes resulting therefrom. The Winner of the Prize and/or their family, heirs, executors, representatives, associates or other interested parties agree to indemnify and hold harmless the corporate entities of PESC, Crest and their respective parent or affiliated companies, directors, officers, employees, volunteers, advisors, consultants, representatives, and agents from any and all losses, damages, rights, claims and actions of any kind arising in connection with or as a result of the Winner’s acceptance or use of the Prize.
A Raffle participant’s sole and exclusive remedy for PESC’s breach shall be limited to the return of the purchase price paid for his/ her Ticket(s). In no event shall the corporate entities of PESC, Crest and their respective directors, officers, employees, volunteers, advisors, consultants, representatives, or agents 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, even if advised of the possibility of such damages by counsel.
By purchasing a Ticket and choosing to participate in the Raffle, each Raffle participant acknowledges and agrees that PESC has the right, in its sole discretion, to elect not to proceed with the Raffle for any reason whatsoever or for no reason, and in such event, a participant's sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each Raffle ticket purchased, without interest.
The name and logo of PESC and Crest are registered trademarks, and no other person or entity is authorized to copy or otherwise use them without the express written consent of PESC or Crest, as applicable.
A copy of these Official Rules is also available by sending a self-addressed stamped envelope to:
Pat and Emmitt Smith Charities, Inc.
16000 North Dallas Parkway, Suite 550N
Dallas, Texas 75248
Attn: [Kimberly N. Lucas]