The California State Parks Foundation (CSPF), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq, to raise funds for ongoing charitable purposes. The Rules and Regulations of the CSPF raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. CSPF’s interpretation and application of the rules and regulations shall be final.
The grand prize of the raffle drawing is a new 2015 Toyota Camry XLE Hybrid (MSRP $29,980). The drawing will be conducted by CSPF on Saturday, June 6, 2015, at the 2015 Golden Poppy Awards Gala to be held at the historic Treasure Island Administration Building and to benefit the California State Parks Foundation.
Tickets may be purchased in person during normal business hours at the CSPF offices 50 Francisco Street, Suite 110, San Francisco, CA or by mail, phone, or fax between April 6, 2015 and June 3, 2015, or until 5,000 tickets have been sold. If purchased by mail, phone, or fax, properly completed order forms with payment must be received by CSPF by Wednesday, June 3, 2015 at 5 pm Pacific time to be eligible. If purchased in person, properly completed order forms with payment must be received by close of business on Friday, June 5, 2015. If tickets are not sold out by June 6th, they will also be sold on-site at the Gala. The winner does not need to be present to win. Participants must be 18 years of age or older as of April 1, 2015, be an individual legally residing in California, and be a licensed driver.
Only 5,000 tickets will be sold. The chances of winning are based on 5,000 tickets being sold. If all tickets are sold, the odds of winning are 1 out of 5,000. If fewer tickets are sold, the chance of winning the 2015 Toyota Camry XLE Hybrid will be 1 out of how ever many tickets are sold. 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.
IfThe winner assumes all fees, local, sales tax, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), financing costs which must be paid when the car is transferred to the winner, and license fees. CSPF takes no responsibility for any tax liabilities. Consult your tax advisor. This offer is void where prohibited or restricted by law, and all federal, state and local laws and regulations apply.
Grand Prize Drawing:
2015 Toyota Camry XLE Hybrid (MSRP $29,980)
Additional Prize Drawings:
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 CSPF FOR PUBLICITY PURPOSES AND ANNOUNCED ON THE CSPF WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT CSPF IF YOU HAVE ANY QUESTIONS. CSPF’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES CSPF, 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. THE WINNER AGREES TO INDEMNIFY AND HOLD CSPF 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.
FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “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”.
Tickets: Tickets will be sold for $100 each and 6-packs for $500. 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, and that ticket is selected as a winning ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of prize by a group purchasing a ticket in common shall be to the sole responsibility of the person named as the holder of record of that ticket, should that ticket be selected as a winner.
CSPF reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” All defective or physically altered entry forms will be immediately disqualified by CSPF. Prior to the drawing, CSPF will make a reasonable effort to notify the individual and/or entity that 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 by attempting to make contact through the information provided at the time of submitting the purchase request. CSPF 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 CSPF’S BREACH SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL CSPF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS 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 WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
How to Purchase: An individual can purchase as many tickets as he or she may wish, subject to availability.
To purchase tickets: Use the order form provided and fax the order form to 415-772-8969 or you may mail it to CSPF Raffle, 50 Francisco Street, Suite 110, San Francisco, CA 94133. You may call the raffle hotline at (855) 558-1161 to provide your name, address, phone number, credit card number, credit card security code and expiration date. Tickets may not be purchased on the website or by email. Any entry form submitted by email will be rejected. All entries must include payment by check, money order, cash or credit card. CSPF reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” Orders by mail, phone, or fax will be accepted between April 6, 2015 and June 3, 2015, or until 5,000 tickets have been sold and must be received by CSPF on Wednesday, June 3, 2015 to be eligible. Additionally, tickets may be purchased in person between April 6, 2015 and June 5, 2015, or until 5,000 tickets have been sold. If tickets are not sold out by June 6th, they will also be sold on-site at the Gala. The winner does not need to be present to win. No refunds will be made except under the following circumstances: any ticket order with payment received after 5,000 tickets have been sold or after June 6, 2015, will be returned. No other refunds are available except at the exclusive discretion of CSPF. CSPF 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.
Selection of Winners: California State Parks Foundation 2015 Toyota Camry XLE Hybrid Raffle Drawing will be held on Saturday, June 6, 2015 from all eligible raffle tickets. The winner need not be present to win. The winner will be notified according to the contact information provided to CSPF at the time of ticket purchase. In addition to the winner being posted on the CSPF website (calparks.org), the winner’s name may be obtained from CSPF or by sending a self-addressed, stamped envelope to CSPF Raffle Inquiry, 50 Francisco Street, Suite 110, San Francisco, CA 94133 within one week of the drawing.
The winner shall be required to execute and notarize an affidavit of eligibility and liability/publicity release and return such affidavit to CSPF within fourteen (14) days or an alternative winner shall be selected. CSPF will retain all raffle ticket stubs until all prizes have been claimed. If an alternative winner must be selected after fourteen (14) days, a CSPF staff member with three (3) witnesses will select an alternative winner and notify the winner as describe in the official rules.
The winner shall be responsible for all taxes, license, title and registration fees and any other costs, including without limitation any travel or transportation costs, associated with winning the 2015 Toyota Camry XLE Hybrid. In order to collect his or her prize, a ticket winner must sign and deliver to CSPF if requested: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including without limitation that he or she is at least 18 years old; (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 CSPF showing that the person claiming the prize is the same person who is named on the winning raffle ticket; and (d) the winning ticket stub. The winner will be required to submit a W-2G, Form 5754 or similar tax form (provided by CSPF) for tax withholding purposes.
Neither CSPF nor Toyota Motor Sales, USA, Inc. shall be responsible for delays in delivery of the 2015 Toyota Camry XLE Hybrid, and delivery is subject to availability. Toyota Motor Sales, USA, Inc., however, shall use all reasonable efforts, subject to availability, to deliver the 2015 Toyota Camry XLE Hybrid within one hundred and eighty (180) days after receipt of the aforementioned items/information. The winner shall bear all risk of loss or damage to the 2015 Toyota Camry XLE Hybrid after it has been delivered to the specified delivery site. The winner must personally retrieve the 2015 Toyota Camry XLE Hybrid within 14 days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance (or an alternative winner shall be selected and the original winner’s rights to the 2015 Toyota Camry XLE Hybrid shall be automatically forfeited).
The 2015 Toyota Camry XLE Hybrid shall only be delivered in the continental United States. If the winner lives within a reasonable distance of Toyota Motor Sales, U.S.A., Inc.’s Torrance, California headquarters offices, the winner shall execute the necessary paperwork and take delivery of the 2015 Toyota Camry XLE Hybrid at Toyota Motor Sales, U.S.A., Inc.’s principal place of business in Torrance, California. Otherwise, Toyota Motor Sales, U.S.A., Inc. shall use reasonable efforts to have the 2015 Toyota Camry XLE Hybrid delivered to the authorized Toyota/Lexus/Scion dealership closest to the winner’s primary residence in the continental United States.
Acceptance of a prize constitutes permission for CSPF and Toyota Motor Sales, USA, Inc. and/or their designees to use the winner’s name, address, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the winner to the greatest extent permitted by law.
The depiction of the 2015 Toyota Camry XLE Hybrid in any advertising or promotional materials may not reflect the actual vehicle deliver to the winner.
Eligibility: Any licensed driver legally residing in California who is 18 years of age by April 1, 2015 or older may enter. Employees of California State Parks Foundation, Toyota Motor Sales, U.S.A., Inc., that entity’s advertising agencies, or any of the aforementioned entities’ affiliates or subsidiaries, nor an individual domiciled with any such employee, are excluded from participating and are not eligible to win a prize. All federal, state, and local laws and regulations apply. No purchase or donation required. The raffle is void where prohibited or restricted by law. An affidavit of eligibility will be required from the prize winner.
Prizes: Prizes are non-transferable (e.g., winner must take title to vehicle), and no substitutions on any prizes (except that CSPF and/or Toyota Motor Sales, U.S.A., Inc., reserves the right to substitute prizes of equal or greater value). Toyota Motor Sales, U.S.A., Inc. shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to the raffle; provided, however, that Toyota Motor Sales, U.S.A., Inc. shall be solely responsible for any express written limited warranties specifically set forth in the applicable Owner’s Guide for the 2015 Toyota Camry XLE Hybrid.
General Terms and Conditions: The Toyota Camry will be transferred to the winner “AS IS, WHERE IS AND WITH ALL FAULTS”. CSPF DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE TOYOTA CAMRY AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE TOYOTA CAMRY. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF CSPF BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, all federal and state income taxes and sales tax based on the value of the car, estimated at approximately $32,000 will be due from the winner. If the winner selects the alternate award of $12,000 cash instead of the car, all appropriate and required federal and state taxes will be withheld by CSPF in accordance with federal and state law and CSPF will remit the balance of the cash prizes to the winner. CSPF makes no guarantee that the Internal Revenue Service (IRS) will accept that value of the car for the purpose of determining any income tax that may be due from the winner. CSPF takes no responsibility for any tax liabilities. Consult your tax advisor. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that CSPF 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.
Registration with the State of California: By letter from the Attorney General’s office, the California State Parks Foundation has registered with the Department of Justice under Raffle Registration Number RF0002872 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle registration periods beginning September 1, 2014 and ending August 31, 2015.