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By entering the Elevator Repair Service Spring 2009 Benefit raffle (the “Raffle”), you consent to be bound by these Official Rules. Accordingly, you should read these rules carefully before entering the Raffle.
1. ORGANIZATION CONDUCTING RAFFLE: The Raffle is being conducted by ERS, which is solely responsible for the Raffle, the administration of these Official Rules, and the awarding of the prize. Net proceeds from the Raffle will be distributed to ERS.
2. ELIGIBILITY: To be eligible to enter the Raffle, you must comply with these Official Rules.
3. HOW TO ENTER: You have not entered the Raffle until your entry submission, with full payment, has been accepted by ERS. Acceptance of your entry submission will be communicated to you by email from ERS. If a submission is accepted, then it will be deemed to have been accepted on the date and time on which the submission was received by ERS, regardless of the date that ERS notifies you of the acceptance of your submission. You may enter only once. Tickets will be sold up until one hour before, or 8:30 PM, the final drawing on the night of the event, March 10th, 2009. There are four ways to submit your entry:
a. Submission by Internet: Access the official ERS benefit website at elevator.org (“Raffle Website”), navigate to the Raffle entry page, and purchase a Raffle ticket by providing all requested information (you will be directed to Paypal.com to complete the purchase).
b. Submission by Person: Purchase your ticket in person from an authorized volunteer or staff person of ERS by completing the official entry form, and handing the completed entry form, along with check, money order, or cash, to one of the ERS volunteers.
c. Submission in Phone: Purchase your ticket over the telephone from an authorized volunteer or staff person of ERS by providing entry and payment information to the volunteer. (Receipt by a volunteer or staff person of entry information and payment DOES NOT constitute acceptance of your entry submission; acceptance of your entry submission will be emailed to you)
4. COST: The purchase price of a single raffle ticket is $300.00. Or you may buy a package of one entry ticket to the benefit and one raffle ticket for $250. Or you may enter a lottery for one package of one entry ticket to the benefit and one raffle ticket for $20 (details at elevator.org). Each ticket is one chance to win. Checks or money orders should be made payable to Elevator Repair Service. Credit card payments may be made on the ERS benefit website at elevator.org. If the bank dishonors an entrant’s check, the entry ticket will be declared invalid unless full payment is received prior to March 10th at 8:00 pm. The purchase of this raffle ticket comes with no guarantee to win any prize.
5. ODDS OF WINNING: The odds of winning the Grand Prize for each raffle prize will depend upon the number of entries. Odds may be more favorable depending on the number of entries.
6. PRIZES: The prize cannot be substituted by the winner. ERS reserves the right to substitute a prize of equal or greater value, at its discretion.
a. The Grand Prize for raffle prize option one is one week at an Italian hilltop villa, Casa Cielo, plus one roundtrip plane ticket to Florence or Italy. Casa Cielo bookings are available from Saturday to Saturday between November 13 and December 18, 2009 or between January 9 and April 3, 2010, depending upon availability. This raffle awards the top floor, which sleeps five and has a private entrance. Additional weeks or exclusive occupancy of both floors can be arranged at a discounted rate. The plane ticket will be purchased for the winner by ERS using points from the American Express Rewards program. Blackouts and restrictions will apply, depending on the airline used. ERS will assist the winner in coordinating booking travel with availability of villa, and also with the booking of other airplane tickets purchased by the winner.
b. The Grand Prize for raffle prize option two is one case of wine (12 bottles) from members of the Napa Valley Vintners.
c. The Grand Prize for raffle prize option three is two tickets to a performance of 33 Variations at the Eugene O'Neill Theatre.
7. GENERAL CONDITIONS
a. All federal, state and local laws and regulations apply.
b. The value of your winnings may be considered taxable income. Please consult your financial advisor to discuss any impact on your personal taxable income.
c. Names of all winners will be posted on the ERS benefit website.
d. The winning ticket will be determined by random drawing. The Grand Prizes drawing date will be Tuesday, March oth, 2009 at the ERS Spring Benefit at Lucky Strike Lanes & Lounge, 624-660 W 42nd St, New York NY. The winner need not be present to win. The winner will be notified by telephone and email if given.
e. ERS makes no claims regarding the deductibility of raffle tickets, please consult your tax advisor or accountant.
f. In no event will ERS or its board members, agents or employees (collectively, “sponsors”) be liable for any damages or losses or any kind, including direct, indirect, incidental, consequential, statutory or punitive damages. Without limiting the foregoing, with respect to the raffle and to the prizes, the sponsors make no warranty of any kind, either expressed or implied, including but not limited to the expressed or implied warranties or merchantability or fitness for a particular purpose.
g. The value of the prize is based upon good faith estimates by ERS as of the date the Raffle was commenced. The Sponsors assume no responsibility for changes in market conditions that may impact the value of the prize. There is no guaranty that a winner will be able to sell the prize for the estimated value or that the IRS, or its counterpart in any state’s jurisdiction, will accept the value of the prize for purposes of determining any tax that may be due by the winner.
h. Entrants hereby fully release the Sponsors from any and all liability caused by or resulting from the use or possession of any prize awarded or caused by or resulting form participation in the Raffle or any related promotion.
i. ERS assumes no responsibility for lost, late, misdirected or undelivered entry submissions, or any error, delay, or interference with entry via the Raffle Website.
8. EXTENSION OF RAFFLE: At ERS’s sole discretion and option, the dates for the Grand Prize drawings may be extended by no more than thirty days.
9. DISPUTE RESOLUTION: Venue of any action brought concerning the Raffle shall be in New York, NY, and shall not be subject to transfer to another venue or locale for any reason. By entering the Raffle, you agree that you will not commence or participate in any class action litigation, or join with any other person in a legal proceeding, concerning the Raffle. The Raffle, these Official Rules, the entire relationship between you and ERS, and any legal proceeding arising there from (whether based on contract, tort, law or equity), shall be governed by, construed in accordance with, and enforced pursuant to, the laws of the State of New York, without regard to its conflict of laws principles. Submission of a raffle entry constitutes your agreement with these Official Rules.
10. AMENDMENT OF RULES: If, for any reason, the administration, security, fairness, or integrity of the Raffle has been compromised, ERS reserves the right, exercisable at its sole discretion, to cancel terminate, modify or suspend the Raffle. The Official Rules may be amended by ERS in its sole discretion. Amendments will be posted on the Raffle Website. Unless otherwise specified, any amendments will become effective at 12:00:01 a.m. EST on the day after they are posted on the Raffle Website. |
