FESTIVAL OF ARTS OF LAGUNA BEACH/PAGEANT OF THE MASTERS
2017 OFFICIAL RAFFLE RULES
State of California – Non-Profit Raffle Registration Number: RF830.
The Festival of Arts of Laguna Beach/Pageant of the Master Raffle (the “Raffle”) Official Rules (the “Official Rules”) govern the operation of the Raffle. By purchasing a Raffle ticket, you agree to be bound by these Official Rules and the decisions of Festival of the Arts of Laguna Beach (“Sponsor”), 650 Laguna Canyon Road, Laguna Beach, CA 92651, which shall be final and binding in all respects.
The Raffle is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Sponsor, iHeartMedia, Inc. (“iHeartMedia”), Southern California Acura Dealers (“Acura”), each of their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, dealers and other prize suppliers (collectively, the “Raffle Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Raffle or win the Grand Prize (defined below). For purposes of this Raffle, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. The Raffle is void where prohibited by law. To take possession of the Grand Prize, the Grand Prize winner must be a licensed driver and must present a current valid U.S. driver’s license and proof of automobile insurance (as required by law and/or dealership) prior to taking possession of the Vehicle, failure to show same may result in Grand Prize forfeiture.
The person named on a winning Raffle ticket agrees, as a condition to being eligible to receive any prize, to sign and deliver to Sponsor and any prize provider:
(a) a sworn affidavit of eligibility in accordance with these rules and applicable law, including, without limitation, that he or she was at least eighteen (18) years old and a United States resident at the time of Raffle ticket purchase;
(b) such written information as is required by any applicable tax laws, including, without limitation, his or her Social Security Number;
(c) proof of identity in forms satisfactory to Sponsor showing that the person claiming the Grand Prize is the same person who is named on the winning Raffle ticket; and
(d) a publicity release permitting the uses by Raffle Entities as listed below.
The net proceeds of this Raffle will be used to support Sponsor, which is a California 501(c)3 non-profit charitable organization, and has been in operation for at least one (1) year.
The Raffle begins on or about 6:00 p.m. Pacific Time (“PT”) on July 3, 2017 and all entries must be received by the Sponsor on or before 7:30 p.m. PT on August 26, 2017 (the “Entry Period”).
ENTRY / RAFFLE TICKET PURCHASES
In order to purchase Raffle tickets, during the Entry Period, attend a Festival of Arts/Pageant of the Masters 2017 summer season event and purchase a Raffle ticket from a Sponsor representative. Tickets are sold for $5.00 each individual Raffle ticket and you may purchase five (5) Raffle tickets for $20.00, if you purchase five (5) tickets at one time. There is no limit on the number of Raffle tickets you may purchase. Tickets may be purchased at the Festival of Arts Gift Shop or from any official Sponsor designated Raffle ticket seller. Each Raffle ticket is sold with a detachable stub, and both the ticket and its associated stub are marked with a unique and matching identifier. Ticket purchaser must place a completed Raffle ticket entry form in the designated bin located near the Festival Gift shop.
There is no maximum on the number of Raffle tickets that will be sold by Sponsor. The odds of winning will depend on the total number of entries received. Once purchased, named ticket holder(s) may not be changed. Sponsor shall report any prize winnings to the named ticket holder. Sponsor is entitled to rely conclusively on all communications of the first named ticket holder as to all prize election and all other matters related to the Raffle, regardless of the number of named ticket holders on any Raffle ticket. Tickets may not be changed, sold or transferred by the purchasing party or anyone else. The IRS has taken the position 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. Please see your tax advisor for any questions regarding the deductibility of any donations to Sponsor.
All Raffle ticket sales are final. Tickets may not be changed, sold or transferred by the purchasing party or anyone else. All Raffle ticket sales are final. No payments or purchases will be refunded, including, without limitation, payments received from ineligible individuals, except in Sponsor’s sole and absolute discretion.
There will be one (1) winner selected in this Raffle. The potential winner will be selected through one (1) random drawing that will take place on or about Saturday, August 26, 2017 at 8:30 p.m. PT, prior to the Pageant of the Masters during the Celebrity Benefit Concert and Pageant event. One (1) winner will be selected from all eligible entries received in accordance with these Official Rules. You need not be present to win. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Raffle, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winner will be notified using the information provided during entry by any of email and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Raffle Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Raffle Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
The winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If the potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize. If the potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Raffle Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
(1) GRAND PRIZE VEHICLE – The Grand Prize winner of the Raffle will receive the following prize:
One (1) 2018 Acura TLX (“Grand Prize”) (ARV of Grand Prize is: $33,000, does not include freight, tax, title and license charges) (the “Vehicle”). ARV of Vehicle is as of date of printing of these Official Rules. The difference in value as stated herein and value at time of prize notification, if any, will not be awarded in cash. Vehicle will be delivered with standard equipment, as specified by Acura Any upgrades and options are at the sole expense of the Grand Prize winner. Color, package, factory options, and other specifics to be determined solely by Acura, and are subject to availability. Grand Prize winner must be a licensed driver and must present a current valid U.S. driver’s license and proof of automobile insurance (as required by law and/or dealership) prior to taking possession of the Vehicle, failure to show same may result in Grand Prize forfeiture. Grand Prize winner is responsible for all associated dealership fees including all insurance, registration, dealer preparation, applicable taxes or fees, destination and handling charges, and other fees associated with automobile, including any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein as being awarded are the responsibility of Grand Prize winner. Grand Prize winner must take delivery of Vehicle from the designated Acura authorized dealer within thirty (30) days after the date the Vehicle is delivered to the specified designated dealer, or the Vehicle may (in Sponsor’s sole discretion) be automatically forfeited by the Grand Prize winner. Except as stated in the manufacturer’s limited warranty for the Vehicle, none of Acura or any other person associated with the manufacture, distribution, development and execution of this Raffle and its Grand Prize, or any of their respective affiliates, parent companies, subsidiaries, directors, officers, employees, and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use or enjoyment of the Vehicle, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose. Any and all guarantees and warranties for the Grand Prize are subject to the manufacturer’s terms and conditions, and the winner agrees to look solely to such manufacturers for any such warranty or guarantee claim. The Vehicle prize is non-transferable and no substitution will be made except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the cash prize option below if the designated prize should become unavailable for any reason.
**Grand Prize winner has the option to choose an alternative cash prize of $20,000 in lieu of the Grand Prize Vehicle. To the extent the Grand Prize winner chooses the cash prize alternative, iHeartMedia will make arrangements directly with Grand Prize winner for the delivery of the cash prize with the Grand Prize winner.
The Grand Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Grand Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize, the Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Grand Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Grand Prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the Grand Prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. An unclaimed prize will be forfeited. Grand Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Raffle-related correspondence or material.
Subject to applicable law, the winner irrevocably grants the Raffle Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Raffle, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner.
TAMPERING WITH RAFFLE
The Raffle Entities are not responsible for the actions of entrants in connection with the Raffle, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Raffle. Persons found tampering with or abusing any aspect of this Raffle, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Raffle, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Raffle. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION
In the event Sponsor is prevented from continuing with the Raffle by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Raffle by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Raffle or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Raffle should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Raffle; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Raffle; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
WAIVERS, DISCLAIMERS AND RELEASES
By participating in the Raffle, entrant agrees to release, discharge and hold harmless the Raffle Entities and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Raffle and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Raffle; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Raffle activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Raffle and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Raffle; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to sell Raffle tickets, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Raffle; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Raffle and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
ENTRY INFORMATION AND COMMUNICATIONS
As a condition of entering the Raffle, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Raffle and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Raffle or on a Raffle winner’s list. If entrants would like to receive additional information from prize providers, they may consent by checking the opt-in box at the time of registration for the Raffle. If the opt-in box is not checked, entrants will not receive additional information from prize providers.
GOVERNING LAW / LIMITATION OF LIABILITY
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Raffle will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE RAFFLE, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RAFFLE, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Raffle shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Orange County, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.